CANON III

(PART I)
 CANON III

FIDELITY
Fidelity pertains to a lawyer’s duty to
uphold the Constitution and the laws of
the land, to assist in the administration of
justice as an officer of the court, and to
advance or defend a client’s cause, with
full devotion, genuine interest, and zeal in
the pursuit of truth and justice.
PRACTICE OF LAW
• rendition of legal service,
performance of acts, application of
law, legal principles or judgment
• in or out of court
• with regard to the circumstances or
objectives of a person or a cause
• pursuant to a lawyer-client
relationship or other engagement
governed by CPRA

FOREIGN LAWYERS
• Foreign lawyers cannot, directly or
indirectly, practice law in the
Philippines
RESPONSIBLE AND
ACCOUNTABLE LAWYER The lawyer shall uphold:
• constitution, obey the laws of the land, promote respect for
laws and legal processes, safeguard human rights, and at all
times advance the honor and integrity of the legal profession

As officer of the court -

• uphold the rule of law and conscientiously assist in the
speedy and efficient administration of justice

As advocate -
• uphold the rule of law and conscientiously assist in the
speedy and efficient administration of justice
EXAMPLES
RAMOS V. NGASEO
• Art. 1491 (5), NCC - acquiring either
by purchase or assignment the
property or rights involved which are
the object of the litigation in which
they intervene by virtue of their
profession
HEIRS OF CARLOS V. LINSANGAN
• property is still subject of
litigation if there is a pending
petition for certiorari
SPS. PARTOZA V. MONTANO
• CA resolutions are directives,
not requests
EXAMPLES
DIMAYUGA V. RUBIA
• preparatino and notarization of
DOAS involving the sale of land
which is prohibited under RA 6657, as
amended
DUMLAO, JR. V. CAMACHO
• influence peddling, attempted
bribery, threatening court
officers and disrespecting
court processes
LAMPAS-PERALTA V. RAMON
• defrauded her clients by drafting a fake,
spurious, and sham decision regarding the
purported acquittal of Fajardo|
• represented to her clients that she can
influence Associate Justices of the CA to ensure
the acquittal of an accused
ZAMORA V. DE LEON
• hasty filing of various
pleadings, which were all
made without leave of court,
and without filing necessary
entrance of appearances
LAWYER-CLIENT
RELATIONSHIP

SHALL ARISE WHEN:

• when the client consciously,
voluntarily and in good faith vests a
lawyer with the client’s confidence
for the purpose of rendering legal
services such as providing legal
advice or representation, and
• the lawyer, whether expressly or
impliedly, agrees to render such
services
 AUTHORITY OF LAWYER

• TO BIND CLIENT • TO APPEAR

• written agreement is • no SPA is required

necessary except when required
• SPA is necessary by the court
⚬ compromise a
client’s litigation
⚬ receive anything in
discharge of a
client’s claim
10
SEC. 10
lawyer or law firm shall be responsible for the
mistakes, negligence, and/or acts or omissions DUTIES OF LAWYER
of a subordinate lawyer, paralegal, or employee
under the lawyer’s direct supervision and (GENERAL)
control, who is acting within the scope of the
assigned tasks, that cause damage or injury

11
which brings dishonor to the profession or
SEC. 11
violates the rule on confidentiality
• A supervisory lawyer shall co-sign a
• Exception (Proof of Due Diligence of a GFF)
pleading or other submission to any
⚬ see Fabre, Jr. v. CA (it was held that due
court, tribunal, or other government
diligence in supervision requires the
agency with a supervised lawyer
formulation of rules and regulations for
• A supervisory lawyer shall be
the guidance of employees and the
responsible for a violation of the
issuance of proper instructions as well
CPRA by the supervised lawyer
as actual implementation and

12 SEC. 12
monitoring of consistent compliance
with the rules) - cited in Delsan • A supervised lawyer is governed by
Transport Lines Inc. v. C & A CPRA
Construction Inc., G.R. No. 156034,
[October 1, 2003], 459 PHIL 156-166
DUTIES OF A LAWYER
(WITH CLIENT) SECS. 27, 29, 30

• maintain the confidences of the client,

and shall respect data privacy laws
• continue even after the termination of
SEC. 6
the lawyer- client engagement
• shall not abuse or exploit the
⚬ applies to former lawyers in law
relationship with client
firm (Sec. 29)
⚬ applied to members of law firm (Sec.
30)
SEC. 8
SEC. 28
• duty to encourage settlement
• not reveal the confidences of
the client, including data from
the client’s files

SEC. 9
• duty to call client to rectify
fraudulent act
TERMINATION OF
ENGAGEMENT
BY LAWYER
A lawyer shall terminate the lawyer- client engagement
only for good cause and upon written notice:
• (a) When the client pursues an illegal or immoral
course of conduct in connection with the engagement;
• (b) When the client insists that the lawyer pursue
conduct that is violative of these Canons and rules;
• (c) When the lawyer’s inability to work with a co-
counsel will not promote the best interest of the client;
• (d) When the moral predisposition or the mental or
physical condition of the lawyer renders it difficult to
carry out the engagement effectively;
• (e) When the client deliberately fails to pay the fees for
the lawyer’s services, fails to comply with the retainer
agreement, or can no longer be found despite diligent
efforts;
• (f) When the lawyer is elected or appointed to public
office;
TERMINATION OF
ENGAGEMENT

BY CLIENT

may be terminated by the client at any time upon loss of

trust and confidence.

DEATH OF LAWYER

shall terminate the lawyer-client relationship

LIMITED LEGAL SERVICES SEC. 36
Pro Bono LLS

SEC. 35
SEC. 37
• definition Duty of confidentiality
• lawyer shall state that the service being
rendered is in the nature of Limited Legal
Services SEC. 37
• shall be entitled to compensation as may be
Termination of LLS
agreed upon or provided by the Rules of
Court