LAWYER’S OATH

I do solemnly swear that I will maintain allegiance to the Republic of the Ph. I will support the constitution
and obey the laws as well as the legal order of the duly instituted authorities therein
I will do no falsehood nor consent to the doing of any in court
I will not wittingly or willingly promote or sue any groundless, false or unlawful suit or give aid nor consent
to the same
I will delay no man for money or malice,
and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good
fidelity as well to the courts as to my client
and impose upon myself this voluntary obligation without any mental reservation or purpose of evasion,
so help me God

-the lawyer’s oath is a source of obligations and duties of every lawyer

DUTIES OF AN ATTORNEY (rule 138 sec 20)

(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the
laws of the Philippines.

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable under the law.

(d) To employ, for the purpose of maintaining the causes confided to him, such means only as are
consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or
false statement of fact or law;

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client,
and to accept no compensation in connection with his client's business except from him or with his
knowledge and approval;

(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of
a party or witness, unless required by the justice of the cause with which he is charged;

(g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay
any man's cause, from any corrupt motive or interest;

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;

(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end
that no person may be deprived of life or liberty, but by due process of law.
POWER OF ADMISSION TO PRACTICE LAW

÷
Art 8 Sec 5 (5) Constitution
“the SC is vested with the power to promulgate rules concerning the protection and enforcement of
constitutional rights, pleadings, practice and procedure in all courts, and the admission to practice law, the
Integrated Bar, and the legal assistance to the underprivileged

ADMISSION TO THE BAR requirements:

Sec 2 Rule 138 ROC
1. Citizen of the Ph
2. 2. At least 21 years old
3. Resident of the Ph
4. Of good moral character
5. Must produce before the SC satisfactory evidence of good moral character
6. No charges against him involving moral turpitude have been filed or pending before the court

MORAL TURPITURE
Act of baselessness, vileness or the depravity of private and social duties that man owes to his fellow
man or society in general, contrary to the accepted and customary rule of right and duty between man
and woman, or conduct contrary to justice, honesty, modesty or good morals

REQUIREMENTS BEFORE ENGAGING IN THE PRACTICE OF LAW

1. Passing the bar exams
2. Taking the lawyers oath
3. Signing the attorneys roll

Who may practice:

1. Duly admitted as member of the bar
2. In good and regular standing

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PRACTICE OF LAW
Any activity in or out of court, which requires the application of law, legal procedure, knowledge, training
and experience

Practice of law is a privilege given to lawyers who meet the highest standards of legal proficiency,
morality, including honesty, integrity and fair dealing

A privilege bestowed by the state upon those who show that they possess and continue to possess the
qualifications required by law for the conferment of such privilege

RULING OF THE SC RE:

1. Legal Education Reform Act of 1993 (RA 7662) on continuing legal education of practicing
lawyers – ENCROACHES the rule making power of the SC
2. LEB’s power to prescribe minimum standards for law admission – merely authorizes LEB not
amounting control. should not be exclusionary and qualifying (in a form of an aptitude test)
3. LEB on excluding applicant who fail to pass the PhilSAT – violation of academic freedom
 4. Additional requirements for admission (specific number of units in subjects) – violation of
academic freedom
5. On legal apprenticeship – violation of academic freedom
6. Jurisdiction Over Legal Education – an executive function
7. Supervision and regulation are an exercise of police power – bec the regulation and
administration of educational institutions especially tertiary level is imbued with public interest

ACADEMIC FREEDOM
Sec 5(2) Art XIV of the Constitution
Ample discretion to decide for itself (1) who may teach (2) what may be taught (3) how it shall be taught
(4) who to admit

QUALITY EDUCATION
The appropriateness, relevance and excellence of education given to meet the ends and aspirations of
the individual and society
-not absolute
- accessible on the basis of merit

NON-LAWYERS AUTHORIZED TO APPEAR / HANDLE CASES

General Rule:
Only those who are licensed to practice law can appear and handle cases

EXCEPT:
1. Case before MTC, a party may conduct his litigation with the aid of an agent or friend appointed
by him for that purpose of with the aid of an attorney (Rule 138 Sec 34 ROC)

2. In Criminal Cases, provided that:

a. A lawyer is not available in the locality
b. Judge appoints non-lawyer
c. A resident in the province
d. Of good reputation and ability to aid the accused (counsel de officio Rule 116 Sec 7 ROC)

-3. In any court, a party may conduct his own litigation personally or by aid of an attorney. However,
if he gets someone to aid him, that someone be a lawyer (Rule 138 Sec 4)

4. Revised Law Student Practice Rule (Clinical Legal Education Program)

5. Cases before the NLRC or LA provided that they represent themselves, or if they represent the
organization, with written authorization

6. Under Cadastral Act

7. Under DARAB

CERTIFICATIONS
 1. Level 1 – completed first year law course
2. Level 2 – currently enrolled in 2nd sem 3rd year, provided where a student fails to complete all 3rd
year subject, the certification is automatically revoked

PRACTICE AREAS
1. Level 1 Cert:
Interview prospective clients, give legal advice, negotiate for and in behalf of the client, draft legal
documents, represent eligible parties before a quasi-judicial administrative bodies, provide legal
orientation, assist in public interest advocacies for policy formulation and implementation

2. Level 2 Cert:
Perform activation under Level 1 Cert; Assist in taking depostions / preparing judicial affidavit, appear on
behalf of the client at any stage of the proceeding or trial before any court, quasi judicial or administrative
body, in criminal cases subject to the provisions of Sec 5 Rule 110 of ROC, to appear on behalf of a
government agency in the prosecution of criminal actions, in appealed cases, to prepare the pleadings
required in the case

USE OF LAW STUDENT PRACTITIONER’S NAME:

- May sign briefs, pleadings, letters and other similar documents which the student has produced
under the direction of the supervising lawyer, indicating the law students practitioner’s certificate
number as required.

UNAUTHORIZED PRACTICE OF LAW STUDENT

1. Engaging in the acts provided in Sec 4 without the consent of the supervising lawyer
2. Making false representation in the application for certification
3. Using expired certification
4. Rendering legal service outside the scope of practice areas allowed
5. Asking for or receiving payment
6. Other analogous circumstances

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW

✓ABSOLUTE PROHIBITION SO -
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partner

1. Judges and officials or employees of SC

2. Employees of the OSG
3. Prosecutors
4. President, VP, cabinet members and their deputies and assistants
5. Members of the Constitutional Commission
6. Ombudsman and its deputies
7. Governors and mayors
8. Those prohibited by special laws
9. Where a partner of a firm accepts public office, he shall withdraw from the firm and his name
shall be dropped from the firm name (unless the law allows him to practice concurrently)
10. Governors, city and municipal mayors

✓RESTRICTIVE PROHIBITION Se -

Sa -
Retired
 1. Senators and Congressmen – cannot personally appear, but can (1) give legal advice (2)
negotiate contract (3) prepare documents of conveyancing

-
2. Sangunian Members -allowed to practice law EXCEPT:

A. in civil case, if the adverse party is the government

B. in criminal case, if the accused is an employee of the government and offense is committed in
relation to his office
C. in admin proceedings, cannot collect any fee, involving LGU which he is an official
D. use property or personnel of the government except when the sanguniang member concerned is
defending the interest of the government

• no such interdiction is made on the punong barangay and the members of the sanguniang
pangbarangay (expression unio exclusion erst alterius)

Wilfredo Catu vs Atty. Rellosa

- As punong barangay, respondent was not forbidden to practice his profession. However, he
should procured prior permission or authorization from the head of his Department, as required
by the CSC rules

3. Retired Justice / judges allowed to practice law, but cannot: (same exception in Sangunian A-C)

4. A lawyer in government service who is not prohibited to practice law must secure prior
authorization from the head of the department

LAWYER WHO LOST FILIPINO FILIPINO CITIZENSHIP:

General Rule: cannot practice, bec loss of Filipino Citizenship ipso jure terminate the privilege to practice
law

EXCEPTION:
Re-acquisition of Filipino Citizenship (RA 9225)
Under RA 9225 he must apply for a license to engage in practice from the SC:
1. Update payment of the annual dues of the IBP
2. Completion of at least 36 hrs MCLE
3. Retaking lawyers oath

CODE OF PROFESSIONAL RESPONSIBILITY

CANON 1
A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.

Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
 - Engaging in unlawful, dishonest, immoral and deceitful conduct violates the Lawyer’s oath and the
CPR

- There is no distinction to whether the transgression is committed in a lawyer’s private life or in his
professional capacity for a lawyer may not divide his personality as an attorney at one time and a
mere citizen of the legal profession

Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system.

- Ex – advising his clients to execute another deed of sale to evade payment of Cap Gains Tax

Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay
any man's cause.

BARRATRY – stirring up quarrels and suits

AMBULANCE CHASING – chasing an ambulance carrying the victim of an accident for the purpose of
offering legal services for filing a case against the person who caused the accident
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- The practice of law is a profession and not a business.

Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair
settlement.

- Lawyers should get a written authority from his client when entering into a compromise agreement

CANON 2
A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND
CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
EFFECTIVENESS OF THE PROFESSION.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the
oppressed.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal
advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

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Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

WHEN SOLICITATION FOR LEGAL BUSINESS IS PERMISSIBLE:

1. Made in a modest, moderate and decorous manner
2. By use of simple signs, stating name, office and address

ADVERTISMENT IN NEWS PAPER, WHEN PERMISSIBLE:

1. Should not be self-praising
 2. Should not put “free legal advice” in promoting his business

-the best advertisement for a lawyer is a merited reputation

Characteristics which distinguish the legal profession from a business:

1. A duty of public service

2. Relation as officer of the court
3. Relation to client in the highest degree fiduciary
4. Relation to colleagues characterized by candor, fairness and unwillingness to resort to current
business methods

:
Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the
circumstances so warrant.

CUT-THROAT COMPETITION – lowering legal fees to attract paying clients

CANON 3
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY
TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF
FACTS.

Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services.

LIMITS OF SELF-LAUDATION:
1. Election to a public office
2. Scholastic honors and achievements
3. Legal authorship

Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The
continued use of the name of a deceased partner is permissible provided that the firm indicates in all its
communications that said partner is deceased.

Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law currently.

Where a partner accepts public office:

1. He shall withdraw from the firm
2. His name shall be dropped from the firm name, unless the allows him to practice law
concurrently

Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal business.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL
SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE

IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE.

MANDATORY CONTINUING LEGAL EDUCATION

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- Failure to indicate in the pleadings the number and date of issuance of the MCLE cert will no
longer result to dismissal of the case, but will subject the lawyer to the prescribed fine and
disciplinary action
- IBP member shall be declared delinquent for failure to comply with the education requirements
after 60 day period for compliance has expired, which shall commenced from the time such
member receive a notice of non-compliance.
- The purpose is to ensure that through the career, they keep abreast with law and jurisprudence, to
maintain the ethics of the profession and to enhance the standards of the practice of law
- Consequence to comply within the compliance period – payment of 1,000.00 penalty and STILL
comply with the MCLE requirements

PARTIES EXEMPTED FROM MCLE COMPLIANCE

1. President, VP, secretaries, undersecretaries of Executive Departments

2. Senators and members of the House of Rep
3. CJ, AJ of the SC, incumbent and retired members of the judiciary, incumbent member of the
JBC, incumbent court lawyers covered by the Philippine Judicial Academy
4. Chief State Counsel, Chief State prosecutor, and Assistant Secretaries of the DOJ
5. SolGen & ASG
6. Chairman and members of the Constitutional Commission
7. The Ombudsman, over-all deputy ombudsman and special prosecutor of the office of the
ombudsman
8. Heads of government agencies exercising extra-judicial functions
9. Incumbent deans, bar reviews, and professors of who have teaching experience for at least 10
years in accredited schools
10. The chancellor, vice chancellor, and members of the Corp of Professors and professorial
lecturers of the Philippine Judicial Academy

CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE

DISCHARGE OF THEIR TASKS.

Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that
justice is done. The suppression of facts or the concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and is cause for disciplinary action.
-primary duty of a lawyer engaged in prosecution is not to convict but to see that justice is done

Rule 6.02 - A lawyer in the government service shall not use his public position to promote or advance his
private interests, nor allow the latter to interfere with his public duties.

- Prohibition against a lawyer in government from using his position or influence to promote or
advance private interest

Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or employment in
connection with any matter in which he had intervened while in said service. - PROHIBITION OF A
LWAYER AFTER LEAVING GOVERNMENT PRACTICE

RA 6713 – prohibits them from engaging in the private practice of their profession during their
incumbency, sec 7 prohibitions continue to apply for a period of 1 year after the public official’s
resignation, retirement or separation from service

Exception:
1. The private practice will not conflict or tend to conflict with his official function
2. Authorized by law or constitution
Exception to the exception:
- The one year prohibited period applies with respect to any matter before the office the public
officer used to work with

CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF
THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a
material fact in connection with his application for admission to the bar.

Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him
to be unqualified in respect to character, education, or other relevant attribute.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor
shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal
profession.

PRIVATE ACTIVITIES OF LAWYER WHICH DO NOT INVOLVE PRACTICE OF LAW

- NONE. There can be no distinction as to whether the transgression is committed in lawyers’
private life or in their professional capacity
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND
CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING
TACTICS AGAINST OPPOSING COUNSEL.

Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or
otherwise improper.

- Includes posting inappropriate and obscene language in facebook

- Restricting the privacy on one’s facebook post to “friends” does not guarantee absolute protection

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of
another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or neglectful counsel.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE

UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by
law may only be performed by a member of the bar in good standing.

DELEGATION OF TASK TO UNQUALIFIED PERSONS

Preparation and signing of a pleading constitute legal work involving practice of law, which is reserved
exclusively for members of legal profession.

:
Counsel’s signature in the certification:
1. He has read the pleading
2. To the best of his knowledge, information and belief, there is good ground to support it
3. It is not interposed for delay

Additional information required to be indicated as part of the counsel’s signature

1. Counsel’s address
2. Roll of attorneys no
3. No and date of OR indicating payment of IBP dues
4. Professional tax receipt
5. MCLE Compliance
6. Counsel’s contact details

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not
licensed to practice law

EXCEPTION:
(a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death,
money shall be paid over a reasonable period of time to his estate or to persons specified in the
agreement; or
(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is
based in whole or in part, on a profit-sharing agreement.

CHAPTER III. THE LAWYER AND THE COURTS

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any artifice.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language
or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a
provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not
been proved.
Rule: when a lawyer makes a quotation of a decision, he should quote the same verbatim

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends
of justice.

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE
COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.

-right to criticism is not unlimited. Freedom of expression is not absolute

-the court recognizes the right of a lawyer to criticize subject to the condition that such criticism be bona
fide and shall not spill over the walls of decency

Rule 11.01 - A lawyer shall appear in court properly attired.

Rule 11.02 - A lawyer shall punctually appear at court hearings.

Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before
the Courts.

Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no
materiality to the case.
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.

CONTEMPT – willful disobedience to a lawful order of the court, tending to obstruct the administration of
justice

CLASSIFICATIONS:
1. Direct Contempt
– committed in the presence or so near the judge as to interrupt the administration of justice
– No hearing and no notification
– Generally not appealable. (remedy is to file petition for certiorari – Rule 65)
2. Indirect Contempt
- Behavior is committed not in the presence of the court ( in the performance of his official duties /
transaction. Disobedience of and resistance to a lawful writ, process, order or judgment)
- Hearing and notice is necessary
- Appealable

Punishment:
1. Civil contempt – when the party fails to comply with an order of the judge
2. Criminal contempt – when a party acts against the court’s authority and dignity or commits a
forbidden act tending to disrespect the court / judge

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO
ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.

Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and
the facts of his case, the evidence he will adduce and the order of its proferrence. He should also be
ready with the original documents for comparison with the copies.

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Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.

FORUM SHOPPING:
1. Institution of 2 or more actions
2. Same parties
3. Same cause of action
4. On a supposition that one or the other court would make a favorable disposition

COMMITTED IN 3 WAYS:
1. Res judicata
2. Litis pendentia
3. Splitting of cause of action

CERTIFICATE AGAINST FORUM SHOPPING

Required in initiatory pleadings:
Complaint, counterclaim, crossclaim, third, forth party complaint (not applicable to compulsory
counterclaim bec it is not an initiatory pleading and cannot be a subject of a separate adjudication)

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CONTENTS:
1. Party has not commenced or filed any claim involving the same issues in any court or tribunal or PJ
quasi judicial bodies
2. To the best of his knowledge, no such action or claim is pending in any court, tribunal or quasi
judicial bodies
3. If he should learn that same or similar action is ppending, he shall report the same within 5 days
therefrom to the court

EFFECT
Non-compliance:
- Not curable by mere amendment
- Dismissal without prejudice, unless otherwise provided
- Not appealable

False certification:
- Indirect contempt of court
- Without prejudice to the corresponding administrative and criminal actions

Willful and deliberate:

- Ground for summary dismissal
- Dismissal with prejudice
- Constitutes direct contempt
Not willful and deliberate
- Dismissal without prejudice on the ground of res judicata or litis pendentia

Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs,
let the period lapse without submitting the same or offering an explanation for his failure to do so.

Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court
processes.

Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while
the witness is still under examination.

Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate
another.

Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.

Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:chanroblesvirtuallawlibrary

(a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or
(b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event
he must, during his testimony, entrust the trial of the case to another counsel.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN
FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE
OF INFLUENCING THE COURT.

Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to
arouse public opinion for or against a party.

SUB JUDICE RULE – restricts comment pertaining to a judicial proceedings to avoid prejudging the
issue, influencing the cout or obstructing the administration of justice

Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the
government in the normal course of judicial proceedings.

CHAPTER IV. THE LAWYER AND THE CLIENT

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex.
creed or status of life, or because of his own opinion regarding the guilt of said person.

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as
counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its
chapters for rendition of free legal aid.

APPONTMENT AS COUNSEL DE OFFICIO, AMICUS CURAE OR RENDITION OF FREE LEGAL AID

Counsel de office – a lawyer appointed or assigned by the court, from members of the BAR with good
standing, who by reason of their experience and ability may adequately defend the accuses

Amicus curae – a friend of the court

- Experienced and impartial attorney to help in the disposition of the case

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client
EXCEPTION
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective client or between a present
client and the prospective client.
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees shall
observe the same standard of conduct governing his relations with paying clients.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS
DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable
whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith
inform the prospective client.

Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of matters
disclosed to him by a prospective client.

i
REQUISITES OF PRIVILEGED COMMUNICATION:
1. Existing client-attorney relationship
2. Communication made in the course of professional employment
3. Intended to be confidential
LAWYER-CLIENT RELATIONSHIP
- Commences to exist when (1) the lawyer signifies agreement to handle the case (2) accepts
money representing legal fees

Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned
given after a full disclosure of the facts.

CONFLICT OF INTEREST EXCEPTION:

Written consent of all concerned given after full disclosure of the facts

TEST TO DETERMINE CONFLICT OF INTEREST:

When a lawyer represents inconsistent interests of two or more opposing parties

Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or
arbitrator in settling disputes.

Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and
probable results of the client's case, neither overstating nor understating the prospects of the case.

Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public official, tribunal or
legislative body.

INFLUENCE PEDDLING – showing that he has connections to influence any tribunal or public official

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of
fairness.
Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently with the practice
of law shall make clear to his client whether he is acting as a lawyer or in another capacity.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS
CLIENT THAT MAY COME INTO HIS PROFESSION.

Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client.
-presumption of misappropriation.

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of
others kept by him.

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand.
However, he shall have a lien over the funds and may apply so much thereof as may be necessary to
satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also
have a lien to the same extent on all judgments and executions he has secured for his client as provided
for in the Rules of Court.
-cannot unilaterally appropriate a client money for himself

2 kinds of attorney’s lien:

1. Charging lien
2. Retaining lien

Retaining Lien:
1. Existence of lawyer-client relationship
2. Claims for attorney’s fees are not satisfied
3. Lawful possession of the lawyer of a)papers b)documents c)property belonging to client
4. Exercised before judgment
5. Lawyer shall render an accounting
6. Notice to client

*diff to RETAINING FEE

-compensation to the lawyer to insure and secure the lawyer’s future services

Charging Lien:
1. Existence of lawyer-client relationship
2. Claims for attorney’s fees are not satisfied
3. After securing a favorable money judgment
4. Exercised as soon the claim for attorney’s fees has been entered into the records of the case
5. Client and adverse party has been notified
*enforceable by writ of execution
*payment of docket fees to enforce a charging lien is mandatory
*money judgment must be final and executory or else CL is premature
i
Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest are fully protected
by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except,
when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for
the client.
-unethical to obtain loans from client during the lawyer-client relationship
-unable to pay upon demand=gross misconduct

Contingent Fee Contract(valid)

Stipulates that a lawyer:
1. Will be paid for his legal services only if the suit ends favorable to the client
2. Does not undertake to shoulder all expenses
3. Always subject to reimbursement
*contingent fee arrangement is a contract in writing in which the fee, usually a fixed percentage of what
may be recovered in the action, is made to depend upon the success(only if the suit prospers).
*redounds to the benefit of the poor client since its the only means they can seek redress

Champertous Contract(against public policy)

In the prosecution of the case.
1) The lawyer will bear all the expenses for the recovery of the property claimed by the client
2) Without reimbursement
3) Client agrees to pay the former a portion of the property recovered as compensation
*a contract between a stranger and a party to a lawsuit, in which the 3rd person undertakes to carry on
the litigation at his own cost and risk, in consideration of receiving, if successful, a part of the proceeds
*what makes it champertous is the provision that lawyer will shoulder all expenses of litigation which
makes him a businessman seeking profit.

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL
BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not
qualified to render. However, he may render such service if, with the consent of his client, he can obtain
as collaborating counsel a lawyer who is competent on the matter.
Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection
therewith shall render him liable.
-Generally, the client is bound by the counsel’s acts, including mistakes in procedure.
Except:
1. when the gross negligence of the counsel deprives the client of due process of law
2. gross negligence is not accompanied by the client’s own negligence or malice

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a
reasonable time to the client's request for information.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS
OF THE LAW.
-lawyer’s duty is first to the admin of justice, client’s interest is only secondary

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client
and shall not present, participate in presenting or threaten to present unfounded criminal charges to
obtain an improper advantage in any case or proceeding.

Rule 19.02 - A lawyer who has received information that his client has, in the course of the
representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify
the same, and failing which he shall terminate the relationship with such client in accordance with the
Rules of Court.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.
-client who decides whether to appeal(substantive aspect)

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of the proffered case;
(f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he
belongs;
(g) The amount involved in the controversy and the benefits resulting to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
(j) The professional standing of the lawyer.

Two concepts of Attorney’s Fees

1) Ordinary- reasonable compensation paid to the lawyer for legal services rendered
2) Extraordinary- indemnity for damages ordered by the court to be paid by the losing party to the
prevailing party.
*in labor cases, atty fees is an extraordinary award granted to the victorious party as an indemnity for
damages. Payable to client and not to his counsel except when agreed upon.
*labor code-amount of fee shall not exceed 10% of the total monetary award and the fees may be
deducted to the winning party.

Attorney’s Fees can be recovered in:(Labor Code)

i)cases involving unlawful withholding of wages
ii)where the defendant’s act or omission has compelled plaintiff to litigate to protect his interest (no need
for malice)
iii)recovery of wages of household helpers, laborers, skilled workers
iv)actions for indemnity under workmen and employer’s liability laws
v)where the court deems it just and equitable that atty fees be rewarded
*free legal service does not prevent award of atty fees

Attorney’s Fee
-depends on the nature and extent of legal services rendered(ordinary) and awarded by the court to the
successful litigant to be paid by the losing party as an indemnity for damages(extraordinary).
-must be specifically prayed for and proven and justified in the decision

Acceptance Fee
-refers to the charge imposed by the lawyer for mere acceptance of the case.
-compensate the lawyer for lost opportunity thus not measured by the nature and extent of service

Retaining Fee
-fee to insure and secure the lawyer’s future services.

Quantum Meruit
-attorney’s fees based on quantum meruit, meaning, as much as he has deserved, allowed when:
1. No express contract for payment of attorney’s fees
2. Although there is a contract, fees are unconscionable
3. If contract is void
4. Due to justifiable cause, attorney cannot finish the case
5. When the lawyer and the client disregard the contract

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of
fees in proportion to the work performed and responsibility assumed.
*lawyers represent jointly-share equally
*engaged at a diff stage-who bore the brunt of prosecution is entitled to the full amount
*broke up-determined by the court
*compensation to an attorney for merely recommending another lawyer is improper(will commercialize the
profession for acting as agents)
*attorney’s fees for legal services shared or divided to a non-lawyer is prohibited

Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever
related to his professional employment from anyone other than the client.

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort
to judicial action only to prevent imposition, injustice or fraud.
*lawyer should avoid the filing of any case against the clients for enforcement of his attorney’s fees except
to prevent injustice or fraud.

Judicial action to recover attorney’s fees:

2 options of the lawyer:
1. In the same case, he may enforce his attorneys fees by filing an appropriate motion or petition as
an incident in the main action.
2. Can file a separate civil action

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS

CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
(a) When authorized by the client after acquainting him of the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial
action.
*client cannot invoke the privilege, if communication relayed to the lawyer involves commission of future
fraud or crime.(lawyer is not estopped)
*information on crimes or frauds already committed is covered by the privilege

Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of
employment, nor shall he use the same to his own advantage or that of a third person, unless the client
with full knowledge of the circumstances consents thereto.

Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to
an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data
processing, or any similar purpose.

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof
unless prohibited by the client.

Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services
are utilized by him, from disclosing or using confidences or secrets of the clients.

Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his
family.

Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid
possible conflict of interest.
*irrespective of whether or not he was thereafter hired, he should not reveal to others the matter subject
of consultation. Except when he will be placed in a situation of representing conflicting interests.

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND
UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
-gen rule: a lawyer may withdraw from a case only if it is with consent of the client
Except:
1. If with approval of the court
2. With a valid ground

Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is
handling;
(b) When the client insists that the lawyer pursue conduct violative of these canons and rules;
(c) When his inability to work with co-counsel will not promote the best interest of the client;
(d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;
(e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer
agreement;
(f) When the lawyer is elected or appointed to public office; (court does not take judicial notice)
(g) Other similar cases.(right of the client to terminate lawyer is absolute)
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn
over all papers and property to which the client is entitled, and shall cooperative with his successor in the
orderly transfer of the matter, including all information necessary for the proper handling of the matter.

Duty of a lawyer after withdrawing:

1. Turn over papers and properties
2. Cooperate with successors

APPEARANCE, WITHDRAWAL, SUBSTITUTION AND DEATH OF COUNSEL OR PARTY

I. APPEARANCE
How to effect formal appearance:
1. Make a notice of appearance in order to be considered as counsel of record
2. Served upon the parties
3. Filed with court

II. WITHDRAWAL OF COUNSEL

Mechanics of withdrawal:
1. Written consent of client
-does not require approval from court, takes effect immediately. Except, when it would leave client
with no legal representation.
2. Permission of court after notice and hearing (only takes effect after approval)

Formal Requisite:
1. File a motion for withdrawal in court
2. Serve a copy of motion upon client and adverse party at least 3 days before the date set for
hearing
3. Motion should be filed in advance of the trial date of the case to enable the client to secure
another lawyer
-Counsel’s filing of their motion to withdraw as counsel without prior notice to the client is a violation.
-failure to comply with procedure, lawyer remain to be the counsel of record

III. SUBSTITUTION OF COUNSEL

Mechanics on substitution of counsel:
1. Written application
2. 2. Written consent of the client
3. Written consent of the attorney to be substituted (not required)
4. If notices cannot be obtained, proof of notice that the motion is served upon him
*client may dismiss a lawyer any time, rule merely requires notice to the adverse party

IV. DEATH OF THE COUNSEL

Gen rule: death of the atty terminates the atty-client relationship. Except if the deceased lawyer is a
member of a law firm and the firm appears for the client

Termination of attorney-client relationship:

 Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct violative of these canons and rules;
(c) When his inability to work with co-counsel will not promote the best interest of the client;
(d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment
effectively;
(e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; (court does not take judicial notice)
(g) Other similar cases.(right of the client to terminate lawyer is absolute)

1. Withdrawal of lawyer under rule 22.01

2. Death of the lawyer
3. Death of the client
4. Discharge or dismissal of the lawyer by the client
5. Appointment or election of a lawyer to a government position which prohibits private practice of
law
6. Full termination of the case
7. Disbarment or suspension of the lawyer from the practice of law
8. Intervening incapacity of the client during the pendency of the case
9. Declaration of the presumptive death of the lawyer
10. Conviction for a crime and imprisonment of the lawyer

V. DEATH OF A CLIENT/PARTY
Duty of an attorney upon death of the client
1. Inform the court immediately within 30 days from the fact of death(criminal and civil action)
2. Give the name and address of his executor, administrator or guardian
- To inform the heir that he is being brought to the jurisdiction of the court and protect the right of
every party to due process
Actions that survive the death of a party
1. Recovery of real or personal property, or an interest from the estate
2. Enforcement of liens in the estate
3. Recovery of damages for an injury to person or property

Actions that do not survive death:

1. Claims for funeral expenses and those for the last sickness of the decedent
2. Judgements for money
3. All claims for money against the deceased, arising from contract, express or implied.

Actions which survive the death of the party

Action which:
1. For recovery of money
2. Arising from delicts
3. Based on tortuous conduct
4. To recover real and personal properties
5. For quieting title with damages
6. Ejectment case

*failure to effect formal substitution of heirs before the rendition of judgment does not invalidate the court’s
rendition of judgment where the heirs appeared before the court and participated in the proceedings
 DISBARMENT

Suspension
-temporary withholding of the lawyer’s right to practice law.

Disbarment
-act of revoking from an attorney his license to practice law.

I. DISBARMENT COMPLAINT
*review and recommendation by the IBP Board of Governors shall be transmitted to the SC for
final action, filing of mr and petition for review not required
*should the disciplinary complaint be filed directly with the Court, the complaint is referred to the
IBP for investigation, report and recommendation. Except when charge is frivolous or the
investigation equates to undue delay.
*the only pleadings allowed are verified complaint, verified answer, and verified position papers
and MR of a resolution.
*IBP has no jurisdiction to investigate lawyers of the govt charged with admin offenses involving
the discharge of their official duties.
*IBP formal investigation is a mandatory requirement
*SC can still impose penalty against a lawyer who was previously disbarred, for the purpose of
recording it in his personal file

II. BURDEN OF PROOF

*rest upon the complainant, who must satisfactorily prove by substantial evidence his allegations
in the complaint
*substantial evidence- that amount of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion
*clear and preponderant evidence is necessary to justify the imposition
*sole issue in disbarment to be determined is whether or not the respondent attorney is still fit to
continue to be an officer of the court

III. GROUNDS
Grounds for suspension or disbarment
1. Gross immoral conduct
2. Violation of oath of office
3. Malpractice or gross misconduct
4. Conviction of a crime involving Moral Turpitude
5. Willful disobedience of any lawful order of a superior court
6. Deceit
7. Corrupt or willful appearance as an attorney for a party to a case without authority to do
so.

A. GROSSLY IMMORAL CONDUCT

-one that is so corrupt as to constitute a criminal act or so reprehensible as to shock the
common sense of decency.
-not only refrain from adulterous relationships or from keeping a mistress but must also
conduct himself as to avoid scandalizing the public.
 -immoral conduct is that conduct that is willful or shameless as to show indifference to the
opinion of good and respectable members of the community.
-good moral character must be possessed by lawyer at the time of application and
maintained until retirement.

B. CONVICTION OF A CRIME INVOLVING MORAL TURPITUDE

Moral turpitude
-everything which is done contrary to justice, modesty or good morals.
-act of vileness, depravity(morally corrupt) in the private and social duties which
a man owes his fellowmen.

Crimes involving moral turpitude:

abduction with consent, bigamy, concubinage, smuggling, rape, attempted bribery,
profiteering, robbery, murder, estafa, theft, illicit sexual relations with a fellow worker,
issuance of bouncing checks, intriguing against honor, violation of the Anti-Fencing Law,
violation of the Dangerous Drugs Act, perjury, forgery, direct bribery, frustrated homicide,
adultery, arson, evasion of income tax, barratry, blackmail, bribery, duelling,
embezzlement, extortion, forgery, libel, making fraudulent proof of loss on insurance
contract, mutilation of public records, fabrication of evidence, offenses against pension
laws, perjury, seduction under the promise of marriage, falsification of public document,
and estafa through falsification of public document.

- Pendency of a civil case alone should not be a deterrent for successful bar examinees
to take their lawyer’s oath and to sign the roll of attorneys especially since not all charges
or cases involved acts evincing moral turpitude.(must be guilty by final judgment)

-
C. WILLFUL DISOBEDIENCE OF ANY LAWFUL ORDER OF A SUPERIOR COURT AND
CORRUPT OR WILLFUL APPEARANCE AS AN ATTORNEY FOR A PARTY TO CASE
WITHOUT AUTHORITY TO DO SO.
- sufficient cause for suspension or disbarment

D. GROSS MISCONDUCT
-deliberate failure to pay debts and issuance of worthless checks constitutes gross
misconduct.

IV. PRESUMPTION AS A LAWYER

*Atty enjoys the legal presumption that he is innocent of the charges against him until the contrary is
proved and that he has performed his duties in accordance with his oath.

V. CONFIDENTIALITY RULE
*disbarment proceedings against lawyers are covered by confidentiality rule and shall be private and
confidential
*generally prohibited from disclosing disbarment proceedings, may be punished with contempt
*but if a legitimate public interest is involved, the media is not prohibited from making a true and
accurate news report of the disciplinary proceedings.
*defense of absence of actual malice, even when the statement turns out to be false, is available
where the offended party is a public official or a public figure. Thus, errors and inaccuracies may be
excused as long as they were made with the belief that was being stated is true.
 Three-fold purpose
1. To enable the court and the investigator to make the investigation free from any extraneous
influence
2. Protect the personal and professional reputation of attorneys from baseless charges
3. Deter the press from publishing the charges or proceedings

VI. BEING SUI GENERIS

Disbarment proceedings is sui generis(a class by itself)
1)can be initiated motu proprio by the SC or IBP
2)neither purely criminal nor purely civil proceedings
3)rule on double jeopardy does not apply
4)rule on res judicata does not apply
5)it is imprescriptible
6)pari delicto rule does not apply
7)it can proceed even without a complainant
8)may be filed by party who is not a real party-in-interest

*finding of guilt in the criminal case does not necessarily mean finding of liability in the administrative case
and vice versa
*court treats the 2nd MR as a petition for review under Rule 45
*Preponderance of evidence simply means evidence that is of greater weight or more convincing than
what is offered against it.
*Clear and convincing proof is more than mere preponderance, but not to extent of such certainty as is
required beyond reasonable doubt as in criminal cases
*Proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error,
produces absolute certainly. Moral certainly only is required, or that degree of proof which produces
conviction in an unprejudiced mind.

VII. AFFIDAVIT OF DESISTANCE

*an affidavit of desistance is not sufficient to dismiss an admin complaint against a lawyer because it can
proceed regardless of interest or lack thereof of the complainant.
*disciplinary proceedings involve no private interest and afford no redress for private grievance.They are
undertaken and prosecuted solely for the public welfare.

VIII. IBP-COMMISSION ON BAR DISCIPLINE

*only private practice lawyers are authorized to be officers or employees and to perform acts for and in
behalf of the IBP.
*IBP Commissioners may be held administratively liable only in relation to their functions as IBP
officers-not as government officials

IX. RESOLUTIONS OF THE IBP BOARD OF GOVERNORS

*merely recommendatory as the final action thereon lies with the court
*it is the SC final determination of liability that is the reckoning point for the service of sanction for only the
SC has the power to impose disciplinary action on members of the bar

X. SUSPENSION
Guidelines to be observed in the matter of the lifting of an order suspending a lawyer from the practice of
law:
1) After a finding that respondent lawyer must be suspended from the practice of law, the Court shall
render a decision imposing the penalty;
2) Unless the Court explicitly states that the decision is immediately executory upon receipt thereof,
respondent has 15 days within which to file a motion for reconsideration thereof. The denial of said motion
shall render the decision final and executory;
3) Upon the expiration of the period of suspension, respondent shall file a Sworn Statement with the
Court, through the Office of the Bar Confidant, stating therein that he or she has desisted from the
practice of law and has not appeared in any court during the period of his or her suspension;
4) Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the Executive
Judge of the courts where respondent has pending cases handled by him or her, and/or where he or she
has appeared as counsel;
5) The Sworn Statement shall be considered as proof of respondent’s compliance with the order of
suspension;
6) Any finding or report contrary to the statements made by the lawyer under oath shall be a ground for
the imposition of a more severe punishment,

*a suspended lawyer who engages in the practice of law during the pendency of his suspension shall be
liable for unauthorized practice and violates a lawful order of the court.
*lifting of a suspension order is not automatic, it is still necessary that there is an order from the court
lifting the suspension

XI. PETITION FOR REINSTATEMENT/JUDICIAL CLEMENCY

*only those who establish their present moral fitness and knowledge of the law will be readmitted to the
Bar.
*judicial clemency will be granted only if there is a showing of proof of reformation, and a showing of
potential, and promise

Guidelines in resolving request for Judicial Clemency:

1. There must be proof or remorse and reformation
2. Sufficient time has elapsed since the imposition of penalty
3. The age of the person asking for clemency shows that he still has productive years ahead of him
4. Showing of promise as well as potential for public service
5. Other relevant factors that may justify the clemency
 NOTARY PUBLIC

I. FUNCTIONS AND IMPORTANCE OF NOTARY PUBLIC

*transform private into public documents and rendered them admissible in court without further
proof of their authenticity because the certificate of acknowledgement constituted the prima facie
evidence of their execution.

In affixing his seal and signature, the notary proclaims all parties executing the samet:
1. Had personally appeared before him
2. That they are all personally known to him
3. They are the same persons who had executed the instruments
4. He had inquired into the voluntariness of execution of the instrument
5. They had acknowledged personally before him that they had voluntarily and freely
executed the same.
*failure to make the proper entries in the notarial register is a ground for revocation of commission
and this duty shall be fulfilled by him and not by anyone else.

Violation of notarial rules penalty

1. Revocation of notarial documents
2. Disqualification from being commission as notary public
3. Suspension from the practice of law

Jurat
-attestation that the person who presented the document to be notarized is personally known to
the notary public or identified by the notary public through competent evidence of identity.
-it is a written sworn statement of facts or proof that the affiant has signed an affidavit or oath
before an administering officer.

Notarial register
-failure to record the document is tantamount to falsely making it appear that the document was
notarized when in fact it is not

II. ACKNOWLEDGMENT AND JURAT

An acknowledgment certificate indicates that the signer:
a) personally appeared before the Notary and presents an integrally complete instrument or doc
b) personally known to the Notary public or identified by the Notary through competent evidence
of identity
c) acknowledged to the Notary that the document was freely signed
*a document shall not be notarized unless the person who is executing it is personally or
physically before the notary to verify the genuineness of the signature of the affiant and ascertain
that the document is the party’s fee and voluntary act

Jurat
-lays emphasis on paramount requirements of the physical presence of the affiant as well as his
act of signing the document before the notary public.
 Documents requiring a jurat must be signed in the Notary’s presence, as dictated by the typical
jurat wording, “Subscribed (signed) and sworn to before me…”
In executing a jurat, a notary guarantees that the signer:
a) personally appeared before the notary,
b) was given an oath or affirmation by the notary, and finally
c) signed in the Notary’s presence

III. CLERKS OF COURT AS NOTARIES PUBLIC EX OFFICIO

-may notarize documents or administer oaths but only when the matter is related to the exercise
of their official functions (more on an exception)
1. A certification is included in the notarized documents attesting to the lack of any other
lawyer or notary public in the municipality or circuit
2. All notarial fees charged will be for the account of the government and turned over to the
municipal treasurer.

IV. DULY NOTARIZED DOCUMENTS

-it enjoys the presumption of regularity, which can only be overcome by clear and convincing
evidence.

V. DEFECTIVE NOTARIZATION
*notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning
court for a period of 2 years commencing the first day of January of the year in which the commissioning
is made.
*without a commission, a lawyer is authorized to perform any of the notarial acts .
*a defective notarization will strip the document of its public character and reduce it to a private
instrument. Consequently, where there is a defect in the notarization of a document, the clear and
convincing evidentiary standard normally attached to a duly-notarized document is dispensed with, and
the measure to test the validity of such document is preponderance of evidence.