CODE OF PROFESSIONAL RESPONSIBILITY AND
ACCOUNTABILITY one's fitness to practice law, nor behave in a scandalous manner,
Pursuant to Section 5(5), Article VIII of the 1987 Constitution, the
Supreme Court is vested with the power to promulgate rules
concerning the pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged.
CANON I INDEPENDENCE
SECTION 1. Independent, accessible, efficient, and effective legal
service.
A lawyer shall make legal services accessible in an efficient and
effective manner. In performing this duty, a lawyer shall maintain
independence, act with integrity, and at all times ensure the
efficient and effective delivery of justice.
SECTION 2. Merit-based practice.
A lawyer shall rely solely on the merits of a cause and not exert, or
give the appearance of, any influence on, nor undermine the
authority of, the court, tribunal or other government agency, or its
proceedings.
SECTION 3. Freedom from improper considerations and external
influences.
A lawyer shall not, in advocating a client's cause, be influenced by
dishonest or immoral considerations, external influences, or
pressure.
SECTION 4. Non-interference by a lawyer.
Unless authorized by law or a court, a lawyer shall not assist or
cause a branch, agency, office or officer of the government to
interfere in any matter before any court, tribunal, or other
government agency.
SECTION 5. Lawyer's duty and discretion in procedure.
A lawyer shall not allow the client to dictate or determine the
procedure in handling the case.
Nevertheless, a lawyer shall respect the client's decision to settle or
compromise the case after explaining its consequences to the
client.
CANON II PROPRIETY
SECTION 1. Proper conduct.
A lawyer shall not engage in unlawful, dishonest, immoral, or
deceitful conduct.
SECTION 2. Dignified conduct.
A lawyer shall respect the law, the courts, tribunals, and other
government agencies, their officials, employees, and processes,
and act with courtesy, civility, fairness, and candor towards fellow
members of the bar.
A lawyer shall not engage in conduct that adversely reflects on
whether in public or private life, to the discredit of the legal
profession.
SECTION 3. Safe environment; avoid all forms of abuse or
harassment.
A lawyer shall not create or promote an unsafe or hostile
environment, both in private and public settings, whether online, in
workplaces, educational or training institutions, or in recreational
areas.
To this end, a lawyer shall not commit any form of physical,
sexual, psychological, or economic abuse or violence against
another person. A lawyer is also prohibited from engaging in any
gender-based harassment or discrimination.
SECTION 4. Use of dignified, gender-fair, and child- and
culturally-sensitive language.
A lawyer shall use only dignified, gender-fair, child- and
culturally-sensitive language in all personal and professional
dealings.
To this end, a lawyer shall not use language which is abusive,
intemperate, offensive, or otherwise improper, oral or written, and
whether made through traditional or electronic means, including all
forms or types of mass or social media.
SECTION 5. Observance of fairness and obedience.
A lawyer shall, in every personal and professional engagement,
insist on the observance of the principles of fairness and obedience
to the law.
SECTION 6. Harassing or threatening conduct.
A lawyer shall not harass or threaten a fellow lawyer, the latter's
client or principal, a witness, or any official or employee of a court,
tribunal, or other government agency.
SECTION 7. Formal decorum and appearance.
A lawyer shall observe formal decorum before all courts, tribunals,
and other government agencies.
A lawyer's attire shall be consistent with the dignity of the court,
tribunal, or other government agency, with due respect to the
person's sexual orientation, gender identity, and gender expression.
SECTION 8. Prohibition against misleading the court, tribunal, or
other government agency.
A lawyer shall not misquote, misrepresent, or mislead the court as
to the existence or the contents of any document, argument,
evidence, law, or other legal authority, or pass off as one's own the
ideas or words of another, or assert as a fact that which has not
been proven.
SECTION 9. Obstructing access to evidence or altering,
destroying, or concealing evidence.
A lawyer shall not obstruct another lawyer's access to evidence
during trial, including testimonial evidence, or alter, destroy, or
conceal evidence.
SECTION 10. Conduct in the presentation of a witness.
A lawyer shall avoid all forms of impropriety when presenting or
confronting a witness.
A lawyer shall not coach, abuse, discriminate against, or harass any
witness, in or out of the court, tribunal, or other government
agency, or talk to a witness during a break or recess in the trial,
while a witness is still under examination. Neither shall a lawyer
direct, assist, or abet any misrepresentation or falsehood by a
witness.
SECTION 11. False representations or statements; duty to correct.
A lawyer shall not make false representations or statements. A
lawyer shall be liable for any material damage caused by such false
representations or statements.
A lawyer shall not, in demand letters or other similar
correspondence, make false representations or statements, or
impute civil, criminal, or administrative liability, without factual or
legal basis.
A lawyer shall correct false or inaccurate statements and
information made in relation to an application for admission to the
bar, any pleading, or any other document required by or submitted
to the court, tribunal or agency, as soon as its falsity or inaccuracy
is discovered or made known to him or her.
SECTION 12. Duty to report dishonest, deceitful, or misleading
conduct. A lawyer shall immediately inform a court, tribunal, or
other government agency of any dishonest, deceitful or misleading
conduct related to a matter being handled by said lawyer. before
such court, tribunal, or other government agency.
A lawyer shall also report to the appropriate authority any
transaction or unlawful activity that is required to be reported
under relevant laws, including the submission of covered and
suspicious transactions under regulatory laws, such as those
concerning anti- money laundering. When disclosing or reporting
the foregoing information to the appropriate court, tribunal, or
other government agency, the lawyer shall not be deemed to have
violated the lawyer's duty of confidentiality.
Any such information shall be treated with strict confidentiality.
A baseless report shall be subject to civil, criminal, or
administrative action.
SECTION 13. Imputation of a misconduct, impropriety, or crime
without basis.
A lawyer shall not, directly or indirectly, impute to or accuse
another lawyer of a misconduct, impropriety, or a crime in the
absence of factual or legal basis.
Neither shall a lawyer, directly or indirectly, file or cause to be
filed, or assist in the filing of frivolous or baseless administrative,
civil, or criminal complaints against another lawyer.
SECTION 14. Remedy for grievances; insinuation of improper
motive.
A lawyer shall submit grievances against any officer of a court,
tribunal, or other government agency only through the appropriate
remedy and before the proper authorities.
Statements insinuating improper motive on the part of any such
officer, which are not supported by substantial evidence, shall be
ground for disciplinary action.
SECTION 15. Improper claim of influence or familiarity.
A lawyer shall observe propriety in all dealings with officers and
personnel of any court, tribunal, or other government agency,
whether personal or professional. Familiarity with such officers
and personnel thatwill give rise to an appearance of impropriety,
influence, or favor shall be avoided.
A lawyer shall not make claims of power, influence, or relationship
with any officer of a court, tribunal, or other government agency.
SECTION 16. Duty to report life-threatening situations.
A lawyer who has reasonable grounds to believe that a life-
threatening. situation is likely to develop in relation to any
proceeding in any court, tribunal, or other government agency shall
immediately report the same to the proper authorities.
SECTION 17. Non-solicitation and impermissible advertisement.
A lawyer shall not, directly or indirectly, solicit, or appear to
solicit, legal business.
A lawyer shall not, directly or indirectly, advertise legal services on
any platform or media except with the use of dignified, verifiable,
and factual information, including biographical data, contact
details, fields of practice, services offered, and the like, so as to
allow at potential client to make an informed choice. In no case
shall the permissible advertisement be self-laudatory.
A lawyer, law firm, or any of their representatives shall not pay or
give any benefit or consideration to any media practitioner, award-
giving body, professional organization, or personality, in
anticipation of, or in return for, publicity or recognition, to attract
legal representation, service, or retainership.
SECTION 18. Prohibition against self-promotion.
A lawyer shall not make public appearances and statements in
relation to a terminated case or legal matter for the purpose of self-
promotion, self- aggrandizement, or to seek public sympathy.
SECTION 19. Sub-Judice rule.
A lawyer shall not use any forum or medium to comment or
publicize opinion pertaining to a pending proceeding before any
court, tribunal, or other government agency that may:
(a) cause a pre-judgment, or
(b) sway public perception so as to impede, obstruct, or
influence the decision of such court, tribunal, or other
government agency, or which tends to tarnish the court's
or tribunal's integrity, or
(c) impute improper motives against any of its members, or
(d) create a widespread perception of guilt or innocence
before a final decision.
SECTION 20. Disclosure of relationship or connection.
A lawyer shall, at the first available opportunity, formally disclose
on record the lawyer's relationship or connection with the presiding
officer of any court, tribunal, or other government agency, or any
of its personnel, or the lawyer's partners, associates, or clients, that
may serve as a ground for mandatory inhibition in any pending
proceeding before such court, tribunal, or other government
agency.
PRACTICE OF LAW
In Cayetano v. Monsod, the Court held that "practice of law"
means any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training and
experience. To engage in the practice of law is to perform acts
which are usually performed by members of the legal profession.
Generally, to practice law is to render any kind of service which
requires the use of legal knowledge or skill.
RULE 138
Attorneys and Admission to Bar
Section 1. Who may practice law. — Any person heretofore duly
admitted as a member of the bar, or hereafter admitted as such in
accordance with the provisions of this rule, and who is in good and
regular standing, is entitled to practice law.
Section 2. Requirements for all applicants for admission to the bar.
— Every applicant for admission as a member of the bar must be a
citizen of the Philippines, at least twenty-one years of age, of good
moral character, and resident of the Philippines; and must produce
before the Supreme Court satisfactory evidence of good moral
character, and that no charges against him, involving moral
turpitude, have been filed or are pending in any court in the
Philippines.
Section 3. Requirements for lawyers who are citizens of the United
States of America. — Citizens of the United States of America
who, before July 4, 1946, were duly licensed members of the
Philippine Bar, in active practice in the courts of the Philippines
and in good and regular standing as such may, upon satisfactory
proof of those facts before the Supreme Court, be allowed to
continue such practice after taking the following oath of office
Section 4. Requirements for applicants from other jurisdictions. —
Applicants for admission who, being Filipino citizens, are enrolled
attorneys in good standing in the Supreme Court of the United
States or in any circuit court of appeals or district court therein, or
in the highest court of any State or Territory of the United States,
and who can show by satisfactory certificates that they have
practiced at least five years in any of said courts, that such practice
began before July 4, 1946, and that they have never been
suspended or disbarred, may, in the discretion of the Court, be
admitted without examination.
Section 5. Additional requirements for other applicants. — All
applicants for admission other than those referred to in the two
preceding section shall, before being admitted to the examination,
satisfactorily show that they have regularly studied law for four
years, and successfully completed all prescribed courses, in a law
school or university, officially approved and recognized by the
Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school of law,
shall be filed as evidence of such facts, and further evidence may
be required by the court.
No applicant shall be admitted to the bar examinations unless he
has satisfactorily completed the following courses in a law school
or university duly recognized by the government: civil law,
commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.
Section 6. Pre-Law. — No applicant for admission to the bar
examination shall be admitted unless he presents a certificate that
he has satisfied the Secretary of Education that, before he began
the study of law, he had pursued and satisfactorily completed in an
authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course,
the course of study prescribed therein for a bachelor's degree in
arts or sciences with any of the following subjects as major or field
of concentration: political science, logic, english, spanish, history
and economics.
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.
Section 36. Amicus Curiae. — Experienced and impartial attorneys
may be invited by the Court to appear as amici curiae to help in the
disposition of issues submitted to it.
GOOD MORAL CHARACTER
A.C. 3405, June 29, 1998
JULIETA NARAG VS. ATTY. DOMINADOR M. NARAG
Good moral character is a continuing qualification required of
every member of the bar. Thus, when a lawyer fails to meet the
exacting standard of moral integrity, the Supreme Court may
withdraw his or her privilege to practice law.
A.C. 376, ROYONG VS. OBLENA (April 30, 1963)
The grounds for disbarment as enumerated in the Rules of Court is
not exclusive and that the power of the Courts to exclude unfit and
unworthy members of the profession is inherent.
The moral turpitude for which an attorney may be disbarred may
consist of misconduct in either his professional or non-professional
activities. The tendency of the decisions of this Court has been
toward the conclusion that a member of the Bar may be removed
or suspended from office as a lawyer for other than statutory
grounds.
Counsel de parte: An attorney retained by a party litigant, usually
for a fee, to prosecute or defend his cause in court. Implies
freedom of choice either on the attorney or the litigant.
Counsel de oficio: Attorney appointed by the court to represent a
destitute party. To defend an indigent defendant in a criminal
action.
Attorneys-at-law –that class of persons who are licensed officers
of the courts empowered to appear, prosecute and defend, and upon
whom peculiar duties, responsibilities and liabilities are developed
by law as a consequence.
Attorney of record: Attorney whose name, together with his
address, is entered in the record of the case as the designated
counsel of the party litigant. To whom judicial notices are sent.
Amicus Curiae: An experienced and impartial attorney invited by
the court to appear and help in the disposition of issues submitted
to it. Appears in court not to represent any particular party but only
to assist the court.
RULE 138-A
LAW STUDENT PRACTICE
Section 3. Eligibility Requirements of Law Student Practitioners. -
No law student shall be permitted to engage in any of the activities
under the Clinical Legal Education Program of a law school unless
the law student has applied for and secured the following
certifications:
(a) Level 1 certification, for law students who have successfully
completed their first-year law courses; and/ or
(b) Level 2 certification, for law students currently enrolled for the
second semester of their third-year law courses: Provided however,
where a student fails to complete all their third-year law courses,
the Level 2 certification shall be deemed automatically revoked.
The certification issued shall be valid until the student has
completed the required number of courses in the clinical legal
education program to complete the law degree, unless sooner
revoked for grounds stated herein.
Section 4. Practice Areas of Law Student Practitioners. - Subject to
the supervision and approval of a supervising lawyer, a certified
law student practitioner may:
For Level 1 Certification
(1) Interview prospective clients;
(2) Give legal advice to the client;
(3) Negotiate for and on behalf of the client;
(4) Draft legal documents such as affidavits, compromise
agreements, contracts, demand letter, position papers, and the like;
(5) Represent eligible parties before quasi-judicial or
administrative bodies;
(6) Provide public legal orientation; and
(7) Assist in public interest advocacies for policy formulation and
implementation.
For Level 2 Certification
(1) Perform all activities under Level 1 Certification;
(2) Assist in the taking of depositions and/or preparing judicial
affidavits of witnesses;
(3) Appear on behalf of the client at any stage of the proceedings or
trial, before any court, quasi-judicial or administrative body;
(4) In criminal cases, subject to the provisions of Section 5, Rule
110 of the Rules of Court, to appear on behalf of a government
agency in the prosecution of criminal actions; and
(5) In appealed cases, to prepare the pleadings required in the case.
Section 5. Certification Application Requirements. - The law
student must submit a duly-accomplished application form under
oath in three (3) copies, accompanied by proof of payment of the
necessary legal and filing fees.1âшphi1
The law school, through the dean or the authorized representative,
shall submit to the Office of the Executive Judge of the Regional
Trial Court (RTC) having jurisdiction over the territory where the
law school is located, the duly-accomplished application form
together with an endorsement under oath.
Level 1 Certification
The Executive Judge of the RTC shall evaluate, approve, and issue
the certification within ten (10) days from receipt of the
application. The Level 1 certification issued under this provision
shall be valid before all courts, quasi-judicial and administrative
bodies within the judicial region where the law school is located.
Level 2 Certification
Within ten (10) days from receipt of the application, the Executive
Judge of the RTC shall (a) evaluate the application together with its
attachments, and (b) recommend to the Office of the Court
Administrator (OCA) the approval and issuance of the
certification. If the Executive Judge finds the application to be
incomplete, the law school shall be notified and required to comply
with the requirements within five (5) days from receipt of notice.
The Level 2 certification issued under this provision shall be valid
before all courts, quasi-judicial and administrative bodies.
Section 6. Duties of Law Student Practitioners. - Acting under a
certification, the law student practitioner shall:
(a) Observe the provisions of Section 24(b), Rule 130 of the Rules
of Court;
(b) Be prohibited from using information acquired in one's
capacity as a law student practitioner for personal or commercial
gain;
(c) Perform the duties and responsibilities to the best of one's
abilities as a law student practitioner; and
(d) Strictly observe the Canons of the Code of Professional
Responsibility.
Section 9. Duties of Law Schools. - The law school, through its
dean or authorized representative, must:
(a) Develop and adopt a Clinical Legal Education Program;
(b) Develop and establish at least one law clinic in its school;
(c) Endorse qualified students for certification as law student
practitioner under this Rule. Such endorsement shall constitute as a
certification that the dean or authorized representative knows that
the applicant is a student enrolled in the Clinical Legal Education
course, possesses good moral character, and has met the
requirements of Section 3 of this Rule; and
(d) Ensure compliance by law student practitioners and supervising
lawyers with the Code of Professional Responsibility.
Section 10. Qualification of Supervising Lawyers. - A supervising
lawyer under this Rule shall be a member of the bar in good
standing.
Section 11. Duties of Supervising Lawyers. - The following are the
duties of a supervising lawyer:
(a) Supervise such number of certified law student practitioners as
far as practicable;
(b) Personally appear with the law student practitioner in all cases
pending before the second-level courts and in all other cases the
supervising lawyer determines that his or her presence is required;
(c) Assume personal professional responsibility for any work
performed by the certified law student practitioner while under his
or her supervision;
(d) Assist and advise the certified law student practitioner in the
activities authorized by these rules and review such activities with
the certified law student practitioner, all to the extent required for
the proper practical training of the certified law student practitioner
and the protection of the client;
(e) Read, approve, and personally sign any pleadings, briefs or
other similar documents prepared by the certified law student
practitioner prior to the filing thereof, and read and approve any
documents which shall be prepared by the certified law student
practitioner for execution by the eligible party; and
(f) Provide the level of supervision to the certified law student
practitioner required by these rules.
Section 13. Sanctions. –
(a) Without prejudice to existing laws, rules, regulations, and
circulars, the following shall be considered as unauthorized
practice of law by a certified law student practitioner –
i. Engaging in any of the acts provided in Section 4 of this Rule
without the necessary certification or without the consent and
supervision of the supervising lawyer;
ii. Making false representations in the application for certification;
iii. Using an expired certification to engage in the limited practice
of law under this Rule;
iv. Rendering legal services outside the scope of the practice areas
allowed under Section 4 of this Rule;
v. Asking for or receiving payment or compensation for services
rendered under the Clinical Legal Education Program as provided
in this Rule; and
vi. Such other analogous circumstances.
Unauthorized practice of law shall be a ground for revocation of
the law student practitioner's certification and/or disqualification
for a law student from taking the bar examination for a period to be
determined by the Supreme Court.
(b) The above provisions notwithstanding, any act constituting a
violation of the Code of Professional Responsibility shall subject
the supervising lawyer, Clinical Legal Education Program Head,
and/or law school dean to disciplinary action, as the circumstances
may warrant.
REVISED LAWYER’S OATH
I [YOUR NAME] do solemnly swear that I accept the honor,
privilege, duty and responsibility of practicing law in the
Philippines as an officer of the court, in the interest of our people.
I declare fealty to the constitution of the Republic of the
Philippines.
In so doing, I shall work towards promoting the rule of law in a
regime of truth, justice, freedom, love, equality and peace.
I shall conscientiously and courageously work for justice as well as
safeguard the rights and meaningful freedoms of all persons,
identities and communities.
I shall ensure greater and equitable access to justice.
I shall do no falsehood, nor shall I pervert the law to unjustly favor
or prejudice anyone.
I shall faithfully discharge these duties and responsibilities to the
best of my ability, with integrity and utmost civility.
I impose upon myself without mental reservation nor purpose of
evasion.
So help me God.
ADVERTISEMENT – WHEN ETHICAL
The Code of Professional Responsibility provides that a lawyer in
making known his legal services shall:
(1) use only true, honest, fair, dignified and objective
information or statement of facts.
(2) He is not supposed to 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.
 (3) Nor shall he pay or give something of value to
representatives of the mass media in anticipation of, or in
return for, publicity to attract legal business.

A lawyer’s best advertisement is a well-merited reputation for

professional capacity and fidelity to trust based on his character
and conduct. For this reason, lawyers are only allowed to announce
their services by publication in reputable law lists or use of simple
professional cards.

Professional calling cards may only contain the following details:

(a) lawyer’s name;

(b) name of the law firm with which he is connected;
(c) address;
(d) telephone number and
(e) special branch of law practiced.