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.
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.
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.
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.
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.
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.

Requisites of privileged communication

 1. There is an attorney-client relationship or consultancy requirement with a prospective client
2. The communication was made by the client to the lawyer in the lawyer’s professional
employment
3. That the communication was intended to be confidential

Instances when communications not privileged

1. After pleading has been filed because such becomes part of the public record
2. When communication was intended by client to be sent to a third person through his counsel
3. When the communication by a client is intended to aid future crime or perpetuation of fraud
4. When communication is heard by a third party
5. When there is consent or waiver of the client
6. When the law requires disclosure

7. Section 24. Disqualification by reason of privileged communication. — The following

persons cannot testify as to matters learned in confidence in the following cases:
8. (a) The husband or the wife, during or after the marriage, cannot be examined without
the consent of the other as to any communication received in confidence by one from
the other during the marriage except in a civil case by one against the other, or in a
criminal case for a crime committed by one against the other or the latter's direct
descendants or ascendants;
9. (b) An attorney cannot, without the consent of his client, be examined as to any
communication made by the client to him, or his advice given thereon in the course of, or
with a view to, professional employment, nor can an attorney's secretary, stenographer, or
clerk be examined, without the consent of the client and his employer, concerning any fact
the knowledge of which has been acquired in such capacity;
10. (c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil
case, without the consent of the patient, be examined as to any advice or treatment given
by him or any information which he may have acquired in attending such patient in a
professional capacity, which information was necessary to enable him to act in capacity, and
which would blacken the reputation of the patient;
11. (d) A minister or priest cannot, without the consent of the person making the confession,
be examined as to any confession made to or any advice given by him in his professional
character in the course of discipline enjoined by the church to which the minister or priest
belongs;
12. (e) A public officer cannot be examined during his term of office or afterwards, as to
communications made to him in official confidence, when the court finds that the public
interest would suffer by the disclosure. (21a)

CANON 18

DEGREE of diligence required in the profession

The legal profession demands of a lawyer that degree of vigilance and attention of a good father
of a family

REYNALDO G. RAMIREZ v. ATTY. MERCEDES BUHAYANG-MARGALLO

A.C. No. 10537, February 03, 2015, EN BANC (Leonen
Yes. The relationship between a lawyer and a client is “imbued with utmost trust and confidence”.
Lawyers are expected to exercise the necessary diligence and competence in managing cases entrusted to
them.
They commit not only to review cases or give legal advice, but also to represent their clients to the best of
their

ability without need to be reminded by either the client or the court

When is professional incompetence a ground for disbarment under the rules of court?

Professional incompetence of a lawyer may be a special ground for disbarment if his competence
is so total, gross and serious that he cannot be entrusted with the duty to protect the rights of his
clients

are THE mistakes or negligence of a lawyer binding upon the client?

GR: Client is bound by attorney’s conduct negligence and mistake in handling a case or in the
management of litigation and in procedural technique
Section 20. Duties of attorneys. — It is the duty of an attorney:

(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.
 FACTS:
Atty. Santos drafted Mariano Turla’s Affidavit of Self-Adjudication which states that Mariano
Turla is the sole heir of Rufina Turla knowing this to be false. Mariano and Rufina Turla had a
daughter.
Years later Atty. Santos, on behalf of Marilu Turla, daughter of Rufina and Mariano Turla, filed a
Complaintfor sum of money with prayer for Writ of Preliminary Injunction and temporary
restraining order against the complainant, Bernardino. The Complaint alleged that Marilu Turla
is an heir of Mariano Turla, which allegedly contradicts the Affidavit of Self-Adjudication that
Atty. Santos drafted.

ISSUE:
WON Atty. Santos represented clients with conflicting interests thereby violating the Code of
Professional Responsibility.
RULING:
YES. Respondent violated Canon 15, Rule 15.03. There is conflict of interest when a lawyer
represents inconsistent interests of two or more opposing parties. The test is “whether or not
in behalf of one client, it is the lawyer’s duty to fight for an issue or claim, but it is his duty to
oppose it for the other client. In brief, if he argues for one client, this argument will be opposed
by him when he argues for the other client.” This rule covers not only cases in which
confidential communications have been confided, but also those in which no confidence has
been bestowed or will be used. Also, there is conflict of interests if the acceptance of the new
retainer will require the attorney to perform an act which will injuriously affect his first client in
any matter in which he represents him and also whether he will be called upon in his new
relation to use against his first client any knowledge acquired through their connection.
Another test of the inconsistency of interests is whether the acceptance of a new relation will
prevent an attorney from the full discharge of his duty of undivided fidelity and loyalty to his
client or invite suspicion of unfaithfulness or double dealing in the performance thereof.
However, Rule 15.03 provides for an exception, specifically, “by written consent of all
concerned given after a full disclosure of the facts.” The respondent failed to present evidence
that he obtained the written consent of Mariano Turla and Marilu Turla.

He also violated Canon 10, Rule 10.01 of the Code of Professional Responsibility by failing to
thwart his client Mariano Turla from filing the Affidavit of Adjudication despite his knowledge of
the existence of Marilu Turla as a possible heir to the estate of Rufina Turla. As officers of the
court, lawyers have the duty to uphold the rule of law. The respondent failed to uphold his
obligation as a member of the bar to be the stewards of justice and protectors of what is just,
legal and proper.

Full text: Bernardino vs. Santos A.C. No. 10583 February 18, 2015
ISSUE:
Whether or not Atty. Pedro C. Pujalte, Jr. violated canon 16 of the CPR.
RULING:
YES, Atty. Pedro C. Pujalte, Jr. violated canon 16 of the CPR.

Canon 16 and its Rule 16.03 provide:

"CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS
CLIENT THAT MAY COME INTO HIS POSSESSION.
"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."
Respondent should have complied with the above provisions. When complainants demanded
that the sum of P1,001,332.26 be delivered to them, he should have heeded promptly. Had
they
not hired a lawyer and charged him with estafa, he would not have turned over the money to
them. While it may be true that he has "a lien over the funds," he should have notified
complainants about it in due time.

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.
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.

A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

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.

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:chanroblesvirtuallawlibrary
(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.
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.
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.

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.
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.