LEGAL AND JUDICIAL ETHICS

ATTY. ROBERT “BOBBY” QUITAIN

Mira, Angela Bianca C.

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 THE NEED FOR CPRA
Legal Ethics
Branch of moral science which treats of the duties which an
attorney owes to the court, to the client, to his colleagues in
the profession and to the public as embodied in the
Constitution, RoC, the Code of Professional Responsibility,
Canons of Professional Ethics, jurisprudence, moral laws
and special laws
● This guides the way we act as a lawyer and as a
person
● The Great Equalizer
○ All lawyers are equal under this ethical
code
Uniqueness of Legal Ethics
● In law school, this is the only subject that is about
the lawyer more than the law
The New CPRA
● The new CPRA is timely and relevant and is a way
of adapting to the ever-changing circumstances of
the law profession
● More principle and value based which means it’s a
lot harder to find loopholes
● Teaching the CPRA makes it easier to understand
what it is all about
THE LAWYER’S OATH
I (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
PREAMBLE
Ethics is the experiential manifestation of moral standards.
The observance of these standards of conduct is both a
function of personal choice and formal compulsion. A lawyer
is ideally ethical by personal choice. A code of ethics
expressly adopted represents society’s consensus and
dictate to conform to a chosen norm of behavior that
sustains the community’s survival and growth.
Non-compliance merits sanctions.
The Code of Professional Responsibility and Accountability,
as an institutional imperative, is meant to foster an
environment where ethical conduct performs a dedicated
role in the administration of justice. In particular, the
standards embodied in the Code of Professional
Responsibility and Accountability uniquely address the
characteristics of the Filipino lawyer as an amalgamation of
influences and moorings, i.e., familial, cultural, religious,
academic, political, and philosophical. Inherently a social
being, the Filipino lawyer inevitably develops and cultivates
relations, preferences and biases. The conscious adoption of
ethical standards that accounts for such relationships and
personal choices balanced against the demands of right and
justice is envisioned to govern and regulate these personal
choices and make them consistent with the institutional
objectives.
The existence of a free and an independent society depends
upon the recognition of the concept that justice is based on
the rule of law.
As a guardian of the rule of law, every lawyer, as a citizen,
owes allegiance to the Constitution and the laws of the
land; as a member of the legal profession, is bound by its
ethical standards in both private and professional matters;
as an officer of the court, assists in the administration of
justice; and as a client’s representative, acts responsibly
upon a fiduciary trust.
An ethical lawyer is a lawyer possessed of integrity.
Integrity is the sum total of all the ethical values that every
lawyer must embody and exhibit. A lawyer with integrity,
therefore, acts with independence, propriety, fidelity,
competence and diligence, equality and accountability.
Ethics v Morals
This serves to bridge the gap between ethics and morality.
Ethics are accepted by all Morals are built within us
People v Judge Veneracion
In a case of rape with homicide, Judge Veneracion sentenced
the accused with reclusion perpetua instead of the death
penalty as prescribed by law because he was heavily
against the idea of killing. He acted in grave abuse of
discretion because the court must not be concerned with the
wisdom, freedom, or efficacy or morality of the law”
Filipino first, Lawyer Second
● One cannot detach from being a lawyer
● Primary purpose: public service
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 PRACTICE OF LAW
REMEMBER Involves the application of law, legal procedure, knowledge,
training, and experience
It’s okay to earn money or even be rich due to the
profession but NEVER put profit ahead of service
[From JBN Notes]
Practice of law
4-Fold Duty of a Lawyer Any activity, in or out of court, which requires the application
1. Duty to the client of law, legal procedure, knowledge, training, and
2. Duty to the court experience.
3. Duty to the legal profession 1. Giving legal advice and instructions to clients to
4. Duty to society inform them of their rights and obligations.
2. Preparation of documents requiring knowledge of
What is a Duty? legal principles not possessed by ordinary laymen.
One’s own moral or legal obligation. The duties of one 3. Appearance for clients before public tribunals.
person is NOT mutually exclusive to the duties of another – 4. Notarial acts.
our duties are independent of any other person’s duties.
Criteria to determine practice of law
Aranada v Elayda 1. Habituality – implies customarily or habitually
Atty Elayda never appeared in court for his clients when his holding oneself out to the public as a lawyer. It is
appearance was needed, failed to inform his clients of the more than an isolated appearance.
date of hearing as well as the order of judgment. No motion 2. Application of law, legal principles, practice or
for reconsideration or appeal was interposed by him as well. procedure – calls for legal knowledge, training, and
In failing to perform his basic duties as a lawyer to his experience.
clients, he was SUSPENDED 3. Compensation – implies that one must have
presented oneself to be in active and continued
Mitchell v Atty Amistoso practice of the legal profession and that
Atty Amistoso asked his foreign client to make several cash professional services are available to the public for
advancements for the handling of the latter’s annulment compensation.
case and the former even borrowed money from his client. 4. Attorney-Client relationship – engaging in the
At some point, the lawyer stopped communicating with his practice of law presupposes the existence of a
client and stopped updating him regarding the status of the lawyer-client relationship.
case. The lawyer was suspended for his misconduct
towards his client and society. Practice of law includes work as a litigator, in-house
counsel, giving of legal advice, teaching of law, and foreign
Integrity above all assignment, which requires the knowledge and application
INTEGRITY HONESTY of the laws.
Staying true to oneself.
You may choose to be Not a right but a privilege
Integrity takes consistency
honest to one but not to The practice of law is not a natural, property or
– either you have it or you
another constitutional right, but a mere privilege. It is not a right
dont
granted to anyone who demands it but a privilege to be
INTEGRITY LOYALTY extended or withheld in the exercise of sound judicial
Your loyalty is to what is discretion. It is a privilege accorded only to those who
good, regardless as to the measure up to certain rigid standards of mental and moral
Committment to a person fitness
“who”
or a thing
It is the commitment to
one’s principles Profession, not a money-making business
Law is a profession and not a trade: The legal profession is
INTEGRITY REPUTATION not a business. It is not a money making trade similar to that
What you do when no one What the world knows of a businessman employing a strategy for monetary gain. It
is watching about you is a sacred profession imbued with public interest whose
primary objective is public service, as it is an essential part
in the administration of justice and a profession in pursuit of
which pecuniary reward is considered merely incidental.

Rationale
1. Duty of public service, of which the emolument is a
by product, and in which one may attain the
highest eminence without making much money

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 2. Relation, as an “officer of the court”, to the Requirements for admission to the Bar
administration of justice involving thorough C21-GRENAPOS
sincerity, integrity, and reliability. 1. Citizen of the Philippines;
3. Relation to clients with the highest degree of 2. At least 21 years of age;
fiduciary 3. Of Good moral character - is a continuing
4. Relation to colleagues at the bar is characterized by requirement
candor, fairness, and unwillingness to resort to 4. A Resident of the Philippines;
current business methods of advertising and 5. Must produce before the SC satisfactory Evidence
encroachment on their practice or dealing directly of good moral character;
with their clients. 6. No charges against him, involving moral turpitude,
have been filed or are pending in any court in the
Power of the Supreme Court to Promulgate Rules Philippines
The Supreme Court has the power to promulgate rules 7. Must have complied with the Academic
concerning the protection and enforcement of constitutional requirements
rights, pleading, practice, and procedure in all courts, the a. Pre-Law
admission to the practice of law, the Integrated Bar, and b. Law Proper
legal assistance to the underprivileged. 8. Pass the bar examinations
9. Take the lawyer’s Oath
Legislative Branch is NOT allowed to regulate the practice 10. Sign the Roll of Attorneys
of law
The 1987 Constitution no longer provides for the power of Law practice of non-lawyers
the legislature to repeal, alter and supplement the Rules GR:
promulgated by the Supreme Court regulating the practice Only those who are licensed to practice law can appear and
of law. handle cases in court.

Who may practice law? XPNs

Any person heretofore duly admitted as a member of the
bar, or hereafter admitted as such in accordance with the
provisions of the rule, and who is in good and regular
standing, is entitled to practice law.
Integrated Bar of the Philippines
An official national body and a state-organized bar
composed of all persons whose names now appear or may
hereafter be included in the Roll of Attorneys of the
Supreme Court.
This is the official unification of the entire lawyer population,
and this requires membership and financial support of every
attorney as condition sine qua non to the practice of law and
the retention of his name in the Roll of Attorneys of the
Supreme Court.
Fundamental purposes of the IBP
1. To elevate the standards of the legal profession
2. Improve the administration of justice
3. Enable the Bar to discharge its public responsibility
more effectively
1. Law student practice;
2. Cases before MTC: A party to the litigation may
conduct his own case or litigation in person, with
the aid of an agent or friend appointed by him for
that purpose.
3. Before any other court, a party may conduct his
litigation personally. But if he gets someone to aid
him, that someone must be an authorized member
of the Bar.
4. Criminal Case before MTC in a locality where a
duly licensed member of the Bar is not available,
the judge may appoint a nonlawyer;
5. Non-lawyers can represent parties in
administrative tribunals such as NLRC, DARAB,
and Cadastral Courts;
6. Any official or other person appointed or
designated to appear for the Government of the
Philippines in accordance with the law. Such
person shall have all the rights of a duly authorized
member of the bar to appear in any case in which
said government has an interest direct or indirect.
[From JBN Notes]

Admission to the Philippine Bar

Admission to Philippine Bar Passing the Bar examination is
not sufficient for admission of a person to the Philippine Bar.
He still has to take the oath of office and sign the Roll of
Attorneys as prerequisites to admission

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 CANON I - INDEPENDENCE
Goal: effective legal representation
The independence of a lawyer in the discharge of
professional duties without any improper influence,
restriction, pressure, or interference, direct or indirect,
ensures effective legal representation and is ultimately
imperative for the rule of law.
_CANON I SEC 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, the
lawyer shall maintain independence, act with integrity,
and at all times ensure the efficient and effective delivery
of justice.
Can a lawyer be available but not accessible?
Yes. Either they’re too expensive or located in
Timbuktu, aka logistically inaccessible
How do you make people know that your services are
available?
The best advertisement of a lawyer is the way you handle
your cases and your reputation as a lawyer. So, technically,
you are allowed to advertise yourself per se so long as it is
not done in a way that is indistinguishable from the kind of
advertising that a business would.
(See In Re: Tagorda)
What is the danger in treating the profession as
a business?
In business, you advertise to increase income; and
the lawyer with better advertising strategies gets
more clients — not necessarily the best lawyers.
The client/the general public will be on the losing
end in these cases as they would be deprived of
the services of a good counsel and are forced to
take the services of a bad counsel because the
latter has better advertising strategies.
CLASS DISCUSSION
There are a lot of new media that lawyers use to advertise
their services which are not necessarily against these
canons but are definitely questionable.
May mga abogado na pa-simple mag-advertise
● Some lawyers make billboards for their “review center”
while also claiming that they’re the best at a certain
aspect of law
● Some also have websites and other digital ways to
advertise their law offices and other services
● Some even make commentaries
_CANON I SEC 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
Expertise should be based not on who you know but what
we know
Merit
Winning based on merits is winning independent on any
outside influence or interference
Nestle Ph v Sanchez
It is the role of the lawyer to discipline not only himself but
also their clients.
A group of people started a mass demonstration outside the
Supreme Court. The SC called on the lawyer of these clients
and was told to stop his clients because it undermines the
authority of the court.
Despite the independence of the Court, this would give the
impression to the public that rallying would sway the
decision of the SC; regardless of which decision it comes out
with.
_CANON I SEC 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
If you are going to do something, do it for the right reasons
— not for dishonest or immoral considerations
Linsangan v Tolentino
Lawyer, in this case, promised financial assistance to the
clients of another lawyer, persistently texted the clients, and
even promised to loan Php 50k to be paid only if they won
the case.
It is not wrong to get clients and help clients so long as it is
done for the right reasons; otherwise you will be driven by
the wrong motives. It is wrong when you lend money to
your clients and only ask them to pay when you win the
case because the way you handle the case will be affected.
You will be motivated not by the rendering of justice but
getting your money back; regardless of the means.
_CANON I SEC 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
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 CANON II - PROPRIETY
_CANON I SEC 5_
Lawyer’s duty and discretion in procedure and strategy
A lawyer shall, at all times, act with propriety and maintain
A lawyer shall not allow the client to dictate or determine
the appearance of propriety in personal and professional
the procedure and strategy in handling the case.
dealings, observe honesty, respect, and courtesy, and
Nevertheless, the lawyer shall respect the client’s
uphold the dignity of the profession consistent with the high
decision to settle or compromise the case after explaining
standards of ethical behavior
its consequences to the client.

The client is NOT always right because a client is NOT a
customer
Clients cannot dictate what the lawyer can and cannot do
regarding handling a case – particularly in procedure and
strategy. The client decides whether or not to settle BUT in
actions such as presenting a witness or filing motions, the
lawyer cannot be dictated by the client. The lawyer need
not go above and beyond just to appease the client.
Propriety
Does not necessarily include unlawful things but, for the
purposes of the CPRA, the value of propriety encompasses
the unlawful, dishonest, immoral, and deceitful behavior
that a lawyer must avoid
These acts may not be criminal but they are improper
_CANON II SEC 1_
Proper conduct
A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.

As lawyers, we are expected to be the people who obey the

law
Seeing a lawyer violate the law erodes the public’s
confidence of the legal system.

Fermin v Bedol
Bedol released notices for special elections prior to the
release of the resolution of the COMELEC allowing for the
special elections. His act was unlawful because he violated
the procedural rules by not waiting for the resolution as
provided by law.

The SC is insistent that lawyers obey the law

Lawyers are seen by the people as leaders so much is
expected of lawyers, especially in terms of following the
law in order to keep the public’s confidence in the courts
and in the legal profession.
What the leaders do in moderation, the followers
do in excess

In Re: Disbarment of
Arciaga v Maniwag
Armando Puno

Puno induced Quingwa to Maniwag and Arciga were

have sex with him since
they were already engaged
which resulted to the
latter’s pregnancy. Puno
disappeared and Quingwa
filed a case against Puno
which led him to being
disbarred due to the
immoral act of deceiving
Quingwa.
former sweethearts who
met again at a party.
There, they had sex which
resulted to the birth of a
son. Maniwag promised to
marry Arciga after he
passed the bar exams but
at some point, Arciga
found out that Maniwag
had another wife.
According to him, he did
not marry Arciga because
of the latter’s promiscuous
past.

5

A disciplinary case was
filed against him for failing
to fulfill his promise to
marry Arciga, but the SC
stated that his acts did not
warrant disbarment. This is
different from the previous
case because Maniwag
and Arciga had 2 kids at
this point, and, due to her
promiscuous past, she
would’ve had sex with him
anyway without the
promise to marry. In short,
no deception is involved,
unlike in the case of Puno.
reasonable doubt that he was guilty of the rape, but he
nonetheless was disbarred for being accused of a crime of
moral turpitude.
REMEMBER
If a person is not convicted beyond reasonable doubt, it
does NOT mean that the evidence found against him was
not enough to put him behind bars.
Just because there was acquittal, it doesn't mean he did not
commit the act.
Bernaldez v Atty Anquilo-Garcia
The disbarment case is independent of and may proceed
independently of the election contest (involving fraud)
currently ongoing against Atty Anquilo-Garcia. The present
disbarment case seeks to discipline her as a lawyer for her
alleged gross misconduct, deceit, violation of her oath as a
lawyer, and abuse of authority as a notary public.

REMEMBER
REMEMBER
Even if it’s not unlawful, if there is deceit, dishonesty,
Quantum of Evidence in Different Cases
immorality, you may be held liable under the CPRA
Disbarment - even if it is an administrative case because it
is sui generis, the quantum of evidence is preponderance of
Tumbokon v Atty Pefianco
evidence
Atty. Pefianco abandoned his legal wife with whom he has
Criminal Case - Beyond reasonable doubt
two children and cohabited with another with whom he has
Administrative Case - Substantial evidence
four children. He was suspended for not living up to the high
Civil Case - Preponderance of evidence
moral standards required of his profession.

Absolute/Full Pardon Conditional Pardon

Cordova v Cordova
Atty Cordova left his legal family to cohabit with another When the president grants There still is criminal
woman (who has another legal family of her own). The it to a criminal, he is no liability. However, it
Cordova souses reconciled, but Atty Cordova often came longer a criminal because it lessens the penalty of the
home drunk and failed to support his family, and then ended dissolves the criminal crime committed
up getting another mistress. The wife filed a complaint for liability of the person (as if
the immoral acts of her husband, which was unbecoming of the crime did not happen)
a member of the bar, but they eventually reconciled… again.
The Court suspended indefinitely until he presents evidence In Re: Lontok In re: Gutierrez
that he has continued supporting his family and has given He was convicted of the Atty Gutierrez is convicted
up immoral conduct crime of bigamy, and a of the crime of murder, and
disbarment case was also his initial penalty was the
REMEMBER filed against him. During death penalty. After
the pendency of the latter, receiving a conditional
In a disbarment case, when the complainant reconciles with
he was pardoned for his pardon, it was lessened to
the lawyer in question, there is NO EFFECT because it does
criminal case. The Court reclusion perpetua. The
not erase the misconduct that the lawyer has already
says that since his crime disbarment case proceeds,
committed.
was extinguished by the and Atty Gutierrez,
A disbarment case is sui generis, and the only purpose of it
pardon, his disbarment committing a crime
is to determine whether or not the lawyer is morally fit to
case must also be involving moral turpitude,
be a member of the bar
distinguished. shows that he is morally
This decision was based on unfit to be a member of the
Hosaya v Atty Contado the old CPR, though. If the bar.
Atty Contado abandoned his legal family to cohabit with case happened today, under He was disbarred.
Crisanta and that cohabitation bore 2 children. He was the CPRA, he must be
disbarred. disbarred as this criminal case
involves a crime of moral
Calub v Atty Suller turpitude.
A rape case was filed against Atty Suller for attempting to
In absolute pardon, it is as In conditional pardon, the
rape his neighbor's wife. Along with this, a complaint with
if the crime did not criminal liability subsists,
the IBP was filed against him. It was not proven beyond

6
 “attorney” before even passing the bar exam and for the civil
happen, but it does not but the penalty is reduced.
cases filed against him for mortgaging a swampland
necessarily mean that the Hence, a lawyer convicted
(insusceptible to acquisition) when he worked as Land
commission of the act did of a crime of moral
Investigator of the Bureau of Lands. His dishonest conduct
not happen. Hence, the turpitude must be
(in selling the land) speaks of his character as an aspiring
disbarment case must disbarred, as his criminal
lawyer so he was not allowed to take the lawyer’s oath and
cease. Under the CPRA, liability is not extinguished
become a full-fledged lawyer.
however, the disbarment at all.
case is not dependent on
Villatuya v Atty Tabalingcos
one’s conviction but on his
Atty Tabalingcos was disbarred for
moral fitness as seen
1. Using 2 consultancy firms to advertise his legal
through his acts, as proven
services which constituted as unlawful solicitation
by the case involving moral
(charge of dishonesty was actually dismissed, but
turpitude being filed
he was reprimanded for the advertisement and
against him.
illegal solicitation)
2. Non-payment of commissions/fees of his promised
50k for every stay order released by the court for
_CANON II SEC 2_
the cases he would handle
Dignified Conduct
3. For the 3 marriages he contracted
A lawyer shall respect the law, the courts, tribunals, and
(bigamy as grossly immoral conduct)
other government agencies, their officials, employees,
and processes and act with courtesy, civility, fairness, and
Tapucar v Atty. Tapucar
candor towards fellow members of the bar.
Atty Tapucar cohabitated with his paramour and abandoned
his legal wife and children. 4 administrative cases were
A lawyer shall not engage in conduct that adversely
already filed against him but he still pursued his illicit
reflects on one’s fitness to practice law, nor behave in a
relationship. Hence, he was disbarred.
scandalous manner, whether in public or private life, to
the discredit of the legal profession.
REMEMBER
It doesn’t matter if he did it discreetly because a lawyer is
Dignity
expected to act with dignity and integrity in public or in
As officers and representatives of the Court, we are
private
expected to conduct ourselves with dignity that befits an
officer of the Court.
_CANON II SEC 3_
Atty. Bugaring v Espanol Safe environment; avoid all forms of abuse or
Atty Bugaring hid behind the phrase “your Honor please” harassment
while disrupting court proceedings, used disrespectful A lawyer shall not create or promote an unsafe
language, accused the judge of bias, even went as far as environment, both in private and public settings, whether
making threats, and even brought an assistant to record the online, in workplaces, educational or training institutions,
proceedings. He was very passionate in defending his client or in recreational areas.
but, as an officer of the Court, he is expected to behave in a
way that affords respect to the courts. He is, first and To this end, a lawyer shall not commit any form of
foremost, an assistant of the court who makes sure that physical, sexual, psychological, or economic abuse or
there is speedy administration of justice. He was cited in violence against another person. A lawyer is also
contempt, jailed, and fined. prohibited from engaging in any gender-based
harassment or discrimination.
Atty Dimaculangan v Atty Jurado and Atty Sta Ana
Atty Sta Ana scolded Atty Dimaculangan in the courtroom
RA 11313 Safe Spaces Act
and in front of the people in the courtroom. Atty Sta Ana
Sec 2. It is the policy of the State to value the dignity of
even threatened to file an administrative case against Atty
every human person and guarantee full respect for human
Dimaculangan – which led the latter to file an admin case
rights. It is likewise the policy of the State to recognize the
against the former as this event caused her much emotional
role of women in nation-building and ensure the
distress. The SC dismissed the case for insufficiency of
fundamental equality before the law of women and men.
evidence but reminded Atty Sta Ana that his membership to
The State also recognizes that both men and women must
the bar imposes upon him the duty to act with respect and
have equality, security, and safety not only in private but
professionalism towards his fellow lawyers.
also on the streets, public spaces, online, workplaces, and
educational and training institutions.
Tan v Sabandal
Sabandal, despite passing the bar exams, was not allowed
to take the lawyer’s oath for referring to himself as

7
Reyes v Nieva passed on to other counsel. The court reprimanded Atty
Atty Nieva was suspended from the practice of law for Diño for using intemperate language in his reply.
sexually harassing Reyes and watching porn in the
workplace. REMEMBER

Even a mere informal letter can hold you liable.

_CANON II SEC 4_
Use of dignified, gender-fair, and child- and
Atty Lorenzo G. Gadon
culturally-sensitive language
Filmed a video mocking and swearing at Robles and sent it
A lawyer shall use only dignified, gender-fair, child and
in a Viber group with more than 100 members which
culturally-sensitive language in all personal and
eventually became viral. The SC found him guilty.
professional dealings.

REMEMBER
To this end, a lawyer shall not use language which is
abusive, intemperate, offensive or otherwise improper, Even if you are acting in your private capacity as a citizen
whether oral or written, made through mass media, and in a private place, for as long as you are a lawyer, you
whether traditional or electronic, including mainstream, must use temperate language
alternative, and social media.
Atty Chavez v Atty Lazaro
Atty Lazaro accused Atty Chavez for ante-dating (fraud) a
Content and Manner is considered in this canon
petition for review. Atty Chaves then files a case against
What we say is as important as how we say it. Do not let
Atty Lazaro for maliciously filing a fraud case against him
your passion overrule your wisdom. The way you express
without any basis. Atty Lazaro was admonished and sternly
yourself must still be with respect
warned to only use respectful and temperate language in
the preparation of pleadings and to be more circumspect in
Truth is not a defense
dealing with their professional colleagues.
When alleging the truth, the way you allege it must be in
accordance with the CPRA
Sps. Nuezca and Atty Villagarcia
Baseless allegations, though stated in a nice way,
An administrative case was filed against Atty Villagarcia for
you may still be held liable.
the demand letter he sent out to the spouses as the criminal
offense being alleged in the contents of the letter was alien
Ng v Atty Alar
from what was demanded of them and also imputed other
Atty Alar claimed that the NLRC acted with partiality
crimes against them. Atty Villagarcia is suspended and
against him and his client and unduly favored the other
sternly warned.
party. He was sternly warned and fined for what he did.

REMEMBER _CANON II SEC 5_

Observance of fairness and obedience
It is not wrong to allege partiality but it is wrong when one
A lawyer shall, in every personal and professional
uses unnecessary and offensive language. Seeing an officer
engagement, insist on the observance of the principles of
of the court speak offensively of the court will erode the
fairness and obedience to the law.
public’s trust on the legal system.

Restoring Integrity Insist on obeying the law

As a response to the decision of Vinuya et al v Executive
Secretary, the UP faculty released a statement that
practically attacks the SC in addition to Atty Roque posting
and disseminating this information on his blog. They allege
that the Court was indifferent to the Malaya Lolas and the
basic values of dignity and respect.
The lawyers were reminded of their duties as lawyers and
how they must give due respect to the Court. They are to
avoid using intemperate and offensive language tending to
influence the court on pending matters.
Simply excusing yourself from the illegal actions of your
client is not enough. One must insist on obedience to the
law and if they still do not want to, one must withdraw from
the case
Malvar v Atty Fier
Atty Feir allegedly blackmailed Malvar, through a demand
letter, that a criminal case would be filed against him if he
did not pay his client. The SC ruled that this was not
blackmail.

Atty Aseron v Atty Diño

_CANON II SEC 6_
Atty Diño’s reply to Atty Aseron’s affidavit was abusive and
Harassing or Threatening Conduct
malicious. In particular, Atty Diño claimed that Atty Aseron
A lawyer shall not harass or threaten a fellow lawyer, the
influenced the prosecutor handling the case without
latter's client or principal, a witness, or any official or
sufficient basis nor how he got this information. Further, it
employee of a court, tribunal, or other government
was a mere note (not an action or pleading filed) that he
agency.

8

_CANON II SEC 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.
_CANON II SEC 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
_CANON II SEC 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.
document as soon as its falsity or inaccuracy is discovered
or made known to him or her.
_CANON II SEC 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.

In re: Supreme Court Resolution

_CANON II SEC 10_
Atty Peña submitted an apparently anonymous letter
Conduct in the Presentation of a Witness.
containing the supposed agenda of the ponente and used it
A lawyer shall avoid all forms of impropriety when
as basis as a motion to inhibit Justice Carpio from bringing
presenting or confronting a witness.
the case with the latter when he transferred to a different
division. Because of his use of falsified documents to file a
A lawyer shall not coach, abuse, discriminate against, or
motion without verification and leading the public to
harass any witness, in or out of the court, tribunal, or
invalidate Justice Carpio’s integrity, Atty Peña is disbarred.
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 _CANON II SEC 13_
any misrepresentation or falsehood by a witness Imputation of a Misconduct, Impropriety, or Crime
without Basis
A lawyer shall not, directly or indirectly, impute to or
_CANON II SEC 11_ accuse another lawyer of a misconduct, impropriety, or a
False representations or statements; duty to correct crime in the absence of factual or legal basis.
A lawyer shall not make false representations or
statements. A lawyer shall be liable for any material Neither shall a lawyer, directly or indirectly, file or cause
damage caused by such false representations or to be filed, or assist in the filing of frivolous or baseless
statements. administrative, civil, or criminal complaints against
another lawyer.
A lawyer shall not, in demand letters or other similar
correspondence, make false representations or
statements, or impute civil, criminal, or administrative _CANON II SEC 14_
liability, without factual or legal basis. Remedy for Grievances; Insinuation of Improper Motive
A lawyer shall submit grievances against any officer of a
A lawyer shall correct false or inaccurate statements and court, tribunal, or other government agency only through
information made in relation to an application for the appropriate remedy and before the proper authorities.
admission to the bar, any pleading, or any other

9
 Statements insinuating improper motive on the part of
any such officer, which are not supported by substantial
evidence, shall be ground for disciplinary action.
_CANON II SEC 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 that will 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.
Dongga-as v Atty Cruz-Angeles
Atty Cruz-Angeles told their client that the delay in their
case is due to them still looking for a friendly court that
would surely render a decision in their favor. The lawyers
are suspended for the mere claim that they were looking for
a friendly court that constituted the violation
_CANON II SEC 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.
_CANON II SEC 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 a 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 or personality in anticipation of, or in return
for, publicity, in mass media, whether traditional or
electronic, including mainstream, alternative, and social
media, to attract legal representation, service or
retainership.
_CANON II SEC 18_
Prohibition against self-promotion
A lawyer shall not make public appearances and
statements on behalf of the client for the purpose of
self-promotion, self-aggrandizement, or to seek public
sympathy
On Advertising
A lawyer may advertise but the manner in which they
advertise must be based on skills and their services are not
to be advertised in a manner similar to a business
Zamora v Atty Gallanosa
Atty Gallanosa besmirched the skills of the PAO lawyer
handling Zamora’s case and convinced the latter to instead
make her the counsel to the case (an indirect solicitation).
Atty Gallanosa was suspended for trying to get Zamora to
pay for her services when the latter already had a counsel.
_CANON II SEC 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. commit any act that would create a widespread
perception of guilt or innocence before a final
decision is rendered.
Cruz v Salva
A preliminary investigation must be conducted in the office
of the fiscal but in this case, the Fiscal Salva gathered a big
crowd and conducted the re-investigation of a case in a
municipal session hall and even allowed the media to ask
questions as the investigation was ongoing. The SC stated
that publicizing this supposedly private process is in
violation of the CPRA.
Sub-judice Rule
A lawyer cannot say anything in public or divulge any
information as regards a pending case.
Former Chief Justice Sereno
The Court stated that she used her speaking engagements
and forums (all public) to defend herself from the quo
warranto against her while it was still pending and did not
10
directly address the charges against her to the court. She
defended that her, being a litigant and not a counsel, was
not in violation of the sub-judice rule. The SC stated that
she was still in violation of this rule due to the fact of her
being the CJ of the SC.
_CANON II SEC 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.
_CANON II SEC 21_
Prohibition Against Go-Giving and
DonationsProhibition Against Go-Giving and Donations
A lawyer shall not, directly or indirectly, give gifts,
donations, contributions of any value or sort, on any
occasion, to any court, tribunal or government agency, or
any of its officers and personnel.
_CANON II SEC 22_
Prohibition Against Go-Giving and
DonationsProhibition Against Go-Giving and Donations
A lawyer shall not take advantage of a non-lawyer's lack
of education or knowledge of the law.
_CANON II SEC 23_
Instituting multiple cases; forum shopping.
A lawyer shall not knowingly engage in forum shopping,
which offends against the administration of justice, and is
a falsehood foisted upon the court, tribunal, or other
government agency.
A lawyer shall not institute multiple cases to gain
leverage in a case, to harass a party, to delay the
proceedings, or to increase the cost of litigation.
Alcantara v Atty De Vera
Atty De Vera filed several cases against his former client
(Alcantara) and her family members and the IBP, with the
help of a supposed black sheep of that family and using the
information he got from his former client, as a form of
revenge after they filed an administrative case against him
which led him to receive a suspension from the IBP. Because
of this vengeful act, he was disbarred.
REMEMBER
It is okay to file multiple cases so long as one acted in good
faith and the motive is to render justice
_CANON II SEC 24_
Encroaching or interfering in another lawyer’s
engagement; exception
A lawyer shall not, directly or indirectly, encroach upon or
interfere in the professional engagement of another
lawyer.
This includes a lawyer’s attempt to communicate,
negotiate or deal with the person represented by another
lawyer on any matter, whether pending or not in any
court, tribunal, body, or agency, except when initiated by
the client or with the knowledge of the original lawyer.
A lawyer, however, may give proper advice and
assistance to anyone seeking relief against perceived
unfaithful or neglectful counsel based on the Code.
Prevention from encroachment and interference
This is to protect lawyer-client confidentiality and to prevent
poaching other lawyer’s clients.
However, if the client perceives that their current counsel is
neglectful, a lawyer may render advice after a thorough
investigation of the client’s account.
The new lawyer cannot immediately appear in court as
counsel for a client unless a proper turnover is rendered.
In re: Clemente
Atty Clemente entered his appearance as counsel without
even asking if the client already had a counsel nor did he
verify the status of the case. He was found guilty and was
severely censured because he humbly owned up to his
mistake and apologized to the court.
Can an opposing counsel speak and negotiate directly
with the opposing client?
NO. This is to avoid prejudice on either end. The opposing
counsel will advocate for their own client’s best interest and
no one else. Without proper advice from the client’s counsel,
that client will be at a disadvantage and may be on the
losing end.
Atty Camacho v Atty Pangulayan
Atty Pangulayan and Associates Law Offices were charged
with violating the CPRA prohibition against lawyers from
communicating or negotiating with parties represented by
counsel, which requires lawyers to deal exclusively with
opposing counsel in such situations. The lawyers were
accused of negotiating and executing compromise
agreements with the clients of Atty Camacho, who he
already represented in an ongoing civil case. As a result,
Atty Pangulayan, was suspended.
_CANON II SEC 25_
Responsibility of a Solo Practitioner
A lawyer in solo practice shall ensure that all matters
requiring such lawyer's professional skill and judgment
are promptly and competently addressed.
11

_CANON II SEC 26_
Definition of a law firm; choice of firm name
A law firm is any private office, partnership, or
association, exclusively comprised of a lawyer or lawyers
engaged to practice law, and who hold themselves out as
such to the public.
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, incapacitated, or retired partner is
permissible provided that the firm indicates in all its
communications that said partner is deceased,
incapacitated, or retired
Atty Dacanay v Baker & McKenzie
Baker & McKenzie is a law firm based in Illinois. Atty
Dacanay sought to enjoin several lawyers from practicing
law and using the law firm name Baker and McKenzie on
their letterheads and pleadings. The local firm (Torres) is
held liable for using the alien firm’s letterhead as it misleads
the public and riding on the reputation of the said alien law
firm.
_CANON II SEC 27_
Partner Who Assumes Public Office
When a partner assumes public office, such partner shall
withdraw from the firm and such partner's name shall be
removed from the firm name, unless allowed by law to
practice concurrently.
_CANON II SEC 28_
Dignified government service
Lawyers in government service shall observe the
standard of conduct under this Code, the Code of Conduct
and Ethical Standards for Public Officials and Employees,
and other related laws and issuances in the performance
of their duties.
Exconde (lawyers, including Madrona) into refusing to
administer her oath of office and into withholding the
transmittal of her appointment papers to the DOJ Regional
Office. Jurisdiction then belongs ONLY to the Ombudsman.
The SC does NOT have concurrent jurisdiction over the case
as the respondents merely acted pursuant to their official
functions (reject or accept appointments) and their acts did
not violate the CPRA.
Misamin v Atty San Juan
Atty San Juan was accused of unjustly protecting and
favoring the Filipino-Chinese business owners in several
cases. He was accused of coercing Misamin to drop charges
filed against his employer (New Cesar's Bakery) for the
violation of the Minimum Wage Law. Misamin filed a case
against Atty San Juan but eventually withdrew it, leading to
the dismissal of the administrative case for disbarment
against Atty San Juan but was told to refrain from actions
that could raise doubts or misgivings about his fitness for
both his public position and his membership in the legal
profession
REMEMBER
The appearance of a government-lawyer must never be
doubted especially in terms of his integrity. A lawyer must
maintain an unsullied honor and reputation. The mere
impression that you’re doing something wrong, the SC may
still discipline you.
_CANON II SEC 29_
Lawyers formerly in government service
A lawyer who has left government service shall not
engage in private practice pertaining to any matter before
the office where he or she used to be connected within a
period of one (1) year from his or her separation from
such office. Such lawyer shall not appear before any
court, tribunal, or other government agency within the
territorial jurisdiction or station where he or she
previously served.

Any violation of the Code by lawyers in government

After leaving government service, a lawyer shall not
service shall be subject to disciplinary action, separate
accept an engagement to use knowledge or information
and distinct from liability under pertinent laws or rules.
acquired during such service or to otherwise influence the
outcome of the proceedings which the lawyer handled or
Duque v COMELEC intervened in, or over which the lawyer previously
The COMELEC officials were also lawyers (impeachable exercised authority, while in said service
officers and parts of an independent constitutional body).
The respondents must then fist be proven to have
PCGG
committed acts against the CPRA in doing their work as
The PCGG sought to disqualify Atty Mendoza from
officials. Just because the COMELEC officials ruled against
representing the party he wishes to represent as he was
Duques, doesnt mean that they are lawyers who acted
involved in a similar case with the same respondents and
unlawfully, dishonestly, immorraly, or deceitfully. Hence,
petitioners but acting as the OSG who filed a petition
the case was dismissed.
related to the case. The SC allowed him to be counsel
stating that his acts as OSG did not show any conflict of
Sps. Buffe v Sec Gonzales
interest because given the kind of involvement he had in the
Silverio-Buffe filed with the Office of the Bar Confidant
previous case (whose issues were different from the current
(OBC) a Joint Complaint-Affidavit alleging that former
case), he was not in any position to influence the decision in
Congressman Madrona, acting out of spite or revenge,
the current case. Further, in the previous case, his functions
persuaded and influenced Sec Gonzalez and Undersecretary

12
was limited to advising on the lawful procedure and filing
the necessary petition.
The SC stated that his involvement was not the kind that
was being contemplated under the law and neither issues
were the same (liquidation vis a vis sequestration).
The SC legally retained him as counsel but dapat hindi na
lang because there will always be a temptation to use
whatever previous knowledge you have to influence the
subsequent case.
REMEMBER
The evil being prevented here is the use of your knowledge
and influence on a previous case and use it to your
advantage in a subsequent case.
Atty Pasok v Former Judge Zapatos
Former Judge Zapatos was the presiding judge in a case and
later on appeared as counsel to one of the parties in the
same case due to his financial problems. This is in clear
violation of the CPRA so he was suspended.
_CANON II SEC 30_
No financial interest in transactions; no gifts
A lawyer in government shall not, directly or indirectly,
promote or advance his or her private or financial interest
or that of another, in any transaction requiring the
approval of his or her office. Neither shall such lawyer
solicit gifts or receive anything of value in relation to such
interest.
Such lawyer in government shall not give anything of
value to, or otherwise unduly favor, any person
transacting with his or her office, with the expectation of
any benefit in return.
REMEMBER
Public officials violating their functions is punished by the
Office of the Ombudsman
Lawyers violating the canons is punished by the SC
through the IBP
Atty Collantes v Atty Renumeron
Atty Renumeron suspended the registration of the
documents filed by V&G despite the latter completing the
requirements. He agreed to create special arrangements,
including the registration in exchange for round-trip tickets,
among other things. This amounts to extortion. He is
answerable to the CPRA because it disciplines all lawyers,
including government officials.
Berenguer v Atty Florin
Atty Florin issued a writ of possession even if it was yet to
be final and executory, among other things that made it
seem like she was trying to rule in favor of one party. The
SC assumed jurisdiction over this case and Atty Florin is
suspended.
REMEMBER
The SC cannot always have jurisdiction over administrative
cases EXCEPT when the misconduct of the government
official violates the CPRA or the Lawyer’s Oath. In this case,
the SC case may concurrently proceed with that of the
Ombudsman’s case
_CANON II SEC 31_
Prosecution of criminal cases
The primary duty of a public prosecutor is not to convict
but to see that justice is done.
Suppressing facts, concealing of or tampering with
evidence, coaching a witness, or offering false testimony
is cause for disciplinary action.
The obligations of a public prosecutor shall also be
imposed upon lawyers in private practice who are
authorized to prosecute under the direct supervision and
control of the public prosecutor.
_CANON II SEC 32_
Lawyers in the academe
A lawyer serving as a dean, administrative officer, or
faculty member of a legal educational institution shall at
all times adhere to the standards of behavior required of
members of the legal profession under this Code,
observing propriety, respectability, and decorum inside
and outside the classroom, and in all media
_CANON II SEC 33_
Conflict of Interest for Lawyers in the Academe
A lawyer serving as a dean, administrative officer, or
faculty member of an educational institution shall
disclose to the institution any adverse interest of a client.
Upon discovery of any adverse interest of the lawyer's
client which directly affects any student who is under his
or her direct supervision and guidance, the lawyer shall
likewise disclose the same to the institution.
Lawyers in the Academe
Prevents lawyers in the academe from being involved in a
conflict of interest situation where a lawyer faculty handles
a case against a student. The lawyer has the duty to
disclose to the Court this conflict of interest
Teaching law is considered a practice of law
_CANON II SEC 34_
Paralegal services; lawyer’s responsibility
A paralegal is one who performs tasks that require
familiarity with legal concepts, employed or retained by a
lawyer, law office, corporation, governmental agency or
other entity for non-diagnostic and non-advisory work in
relation to legal matters delegated by such lawyer, law
office, corporation, governmental agency or other entity
13
 RESPONSIBLE USE OF SOCIAL MEDIA

A lawyer must direct or supervise a paralegal in the

A lawyer shall uphold the dignity of the legal profession in
performance of the latter’s delegated duties.
all social media interactions in a manner that enhances the
people’s confidence in the legal system, as well as promote
The lawyer’s duty of confidentiality shall also extend to
its responsible use.
the services rendered by the paralegal, who is equally
bound to keep the privilege.
_CANON II SEC 36_
Responsible Use
_CANON II SEC 35_ A lawyer shall have the duty to understand the benefits,
Non-delegable legal tasks risks, and ethical implications associated with the use of
A lawyer shall not delegate to or permit a non-lawyer, social media.
including a paralegal, to:
a. accept cases on behalf of the lawyer
b. give legal advice or opinion _CANON II SEC 37_
c. act independently without the lawyer’s Online Posts
supervision or direction A lawyer shall ensure that his or her online posts,
d. to hold himself or herself out as a lawyer, or be whether made in a public or restricted privacy setting that
named in association with a lawyer in any still holds an audience, uphold the dignity of the legal
pleading or submission to any court, tribunal, or profession and shield it from disrepute, as well as
other government agency maintain respect for the law
e. appear in any court, tribunal, or other
government agency, or actively participate in
Disturbing Social Media Posts of Lawyers/Law Professors
formal legal proceedings on behalf of a client,
5 lawyers posted malicious posts and comments on FB
without a lawyer’s supervision or direction;
towards the members of the LGBTQIA+; specifically the
f. conduct negotiations with third parties unless
alleged gay judge who handled one of their cases. They
allowed in administrative agencies, without a
apologized, and 4 of them were reprimanded, but the
lawyer’s supervision or direction
lawyer who claimed that the judges were impartial was
g. sign correspondence containing a legal opinion;
fined.
h. perform any of the duties that only lawyers may
undertake.
REMEMBER
These provisions shall not apply to law student
practitioners under Rule 138-A of the Rules of Court. Freedom of speech is not absolute
Right to privacy cannot be invoked when you post online –
even with restrictions. What you cannot say in public, you
Liabilities do not post online
The paralegal who performs tasks under a supervising
lawyer will be held liable independent of the lawyer himself
Belo-Henares v Guevarra
BUT the lawyer will be held liable for the acts of the
Atty Guevarra, on his Facebook page, wrote several vulgar
paralegal.
comments about Belo for apparently disfiguring his client.
The paralegal’s responsibilities are the same as that of a
He said that he only posted it privately (friends only) and
lawyer so he is expected to act the way a lawyer does. A
that he merely exercised his freedom of speech and that
lawyer will, however, be held liable for the tasks he
Belo, being a public figure, should expect criticism. He was
delegated
suspended.

Lorenzana v Judge Austria

Judge Austria posted a provocative photo of her on Friedster
as well as her position as an RTC judge. She said that
“there’s nothing wrong with being a judge and being pretty”
and what was provocative then is no longer provocative
now.

REMEMBER
What you post on social media must conform to the high
standards imposed upon you
What would be acceptable for an ordinary person is no
longer acceptable for a judge

14
Atty Rueda-Acosta's letter to CJ Gesmundo
She finds an issue in the provision of the CPRA that
_CANON II SEC 41_
disallows lawyers to invoke conflict of interest. She posted
Duty to Safeguard Client Confidences in Social Media
her dissatisfaction online stating that the adoption of the
A lawyer, who uses a social media account to
Sec 22 of the CPRA was unconstitutional because the
communicate with any other person in relation to client
independence of PAO is compromised. Contesting the
confidences and information, shall exert efforts to prevent
constitutionality of a law should be done through the proper
the inadvertent or unauthorized disclosure or use of, or
channels and procedures otherwise it undermines the
unauthorized access to, such an account.
independence of the SC.

_CANON II SEC 38_ _CANON II SEC 42_

Non-Posting of False or Unverified Statements,
Disinformation
A lawyer shall not knowingly or maliciously post, share,
upload or otherwise disseminate false or unverified
statements, claims, or commit any other act of
disinformation
Prohibition Against Influence Through Social Media
A lawyer shall not communicate, whether directly or
indirectly, with an officer of any court, tribunal, or other
government agency through social media to influence the
latter's performance of official duties.

_CANON II SEC 43_

Misinformation vs Disinformation
Legal Information; Legal Advice
Misinformation is Disinformation connotes Pursuant to a lawyer's duty to society and the legal
something that you say not malice to perpetuate false profession, a lawyer may provide general legal
knowing that it is wrong information. This is information, including in answer to questions asked, at
punishable. any fora, through traditional or electronic means, in all
As lawyers, misinformation forms or types of mass or social media.
must be corrected Lawyers must not be
proponents of A lawyer who gives legal advice on a specific set of facts
disinformation as disclosed by a potential client in such fora or media
dispenses Limited Legal Service and shall be bound by all
the duties in the CPRA, in relation to such Limited Legal
_CANON II SEC 39_ Service.
Prohibition Against Fraudulent Accounts
A lawyer shall not create, maintain or operate accounts in
social media to hide his or her identity for the purpose of _CANON II SEC 44_
circumventing the law or the provisions of the CPRA. Online Posts That Could Violate Conflict of Interest
A lawyer shall exercise prudence in making posts or
comments in social media that could violate the
_CANON II SEC 40_ provisions on conflict of interest under the CPRA.
Non-Disclosure of Privileged Information Through
Online Posts
A lawyer shall not reveal, directly or indirectly, in his or
her online posts confidential information obtained from a
client or in the course of, or emanating from, the
representation, except when allowed by law or the CPRA

On Attorney-Client Privilege
Information you got from your client must not be shared on
social media

Legal Advice v Legal Information

Legal advice is when a Legal Information is usually
person asks a lawyer for theoretical in character
advice on actual cases and (ex. If person A did this to
the lawyer answers person B…)

Once a person asks a lawyer a real case question and the

lawyer answers, an attorney-client relationship begins. In
giving legal advice or information, make sure that an
attorney-client relationship is not established.
15
 CANON III - FIDELITY never got to file it and even told the client that it was
Our loyalty to the profession hopeless because it was a lost cause. He was suspended.

_CANON III SEC 3_

Fidelity pertains to a lawyer's duty to uphold the
Lawyer-Client Relationship
Constitution and the laws of the land, to assist in the
A lawyer-client relationship is of the highest fiduciary
administration of justice as an officer of the court, and to
character. As a trust relation, it is essential that the
advance or defend a client's cause, with full devotion,
engagement is founded on the confidence reposed by the
genuine interest, and zeal in the pursuit of truth and justice.
client on the lawyer. Therefore, a lawyer-client
relationship shall arise when the client consciously,
Fidelity
voluntarily and in good faith vests a lawyer with the
The lawyer’s relationship to the Constitution and the court
client's confidence for the purpose of rendering legal
is characterized by a lot of intimacy and sacredness
services such as providing legal advice or representation,
and the lawyer, whether expressly or impliedly, agrees to
_CANON III SEC 1_ render such services.
Practice of Law
The practice of law is the rendition of legal service or
Fiduciary
performance of acts or the application of law, legal
It is a trust-based relationship. Much is expected of the
principles, and judgment, in or out of court, with regard to
lawyer as much trust is given to him by the client and vice
the circumstances or objectives of a person or a cause,
versa.
and pursuant to a lawyer-client relationship or other
engagement governed by the CPRA. It includes
It is important that the lawyer and client trust each other so
employment in the public service or private sector and
that the client divulges all necessary information to the
requires membership in the Philippine bar as a
lawyer.
qualification

Never abuse or exploit your relationship with your client

Cayetano v Monsod
Atty Monsod still met the 10-year requirement because
_CANON III SEC 4_
aside from the argument that the practice of law is not
Authority of Lawyer to Bind Client
limited to litigation; he was also employed in the public and
A lawyer can bind a client in a legal engagement only
private sector that required being a lawyer.
when so authorized through a written agreement. The
lawyer, however, cannot compromise a client's litigation,
_CANON III SEC 2_ or receive anything in the discharge of a client's claim,
The Responsible and Accountable Lawyer without a special power of attorney for such purpose
A lawyer shall uphold the constitution, obey the laws of
the land, promote respect for laws and legal processes,
When is it binding?
safeguard human rights, and at all times advance the
A lawyer may only bind a client upon the stipulation of a
honor and integrity of the legal profession.
contract so as to protect the relationship.
As an officer of the court, a lawyer shall uphold the rule
Special power of attorney
of law and conscientiously assist in the speedy and
When the lawyer wishes to enter into a compromise
efficient administration of justice.
agreement with the other party on behalf of their client, a
special power of attorney is needed.
As an advocate, a lawyer shall represent the client with
fidelity and zeal within the bounds of the law and the
CPRA. _CANON III SEC 5_
Authority of Lawyer to Appear
A lawyer is presumed to be properly authorized to
Speedy AND efficient
represent any cause in which he or she appears, and no
Lacking 1 of the requirements would mean that you did not
written power of attorney is required to authorize him or
do your job
her to appear in court for the client.
Efficiency is getting the best result for the least
amount of resources (of the client, the court, and
The court, tribunal, or other government agency may, on
the lawyer)
its own initiative or on motion of either party, on just
cause, require a lawyer to produce or prove the authority
Bergonia v Atty Merrera
to appear on behalf of the client.
Instead of filing the appeal on the due date, he asked for
several extensions apparently because of his hectic
schedule and other pressures from work. In the end, he

16
Appearance
An SPA is not needed because the presumption is the
lawyer is authorized to appear UNLESS the court or other
competent authority requires the lawyer to.
If one appears without the proper authority from the client,
the lawyer may be cited in contempt of the court.
_CANON III SEC 6_
Fiduciary Duty of a Lawyer
A lawyer shall be mindful of the trust and confidence
reposed by the client.
To this end, a lawyer shall not abuse or exploit the
relationship with a client.
_CANON III SEC 7_
Prohibition Against Frivolous Suits and Abuse of Court
Processes
A lawyer shall not:
(a) file or encourage the filing of any suit or
proceeding not authorized by law or
jurisprudence and without any evidentiary
support
(b) unduly impede the execution of an order or
judgment which is warranted; or
(c) abuse court processes
_CANON III SEC 8_
Lawyer's Duty to Encourage Settlement
A lawyer shall encourage the client to avoid, end or settle
a controversy, whether pending or not, in order to reach a
settlement or a compromise if the matter can be
compromised under the law and will admit of a fair
settlement.
To this end, the lawyer shall actively assist the parties
and the court, tribunal, or other government agency to
effect mediation and/or dispute resolution.
The Court Encourages Compromise Agreements
The dockets of the Court are clogged and to prevent further
“backlogs,” the Court encourages the lawyers to settle.
Compromise
The duty of the lawyer is to render justice. So long
as both parties are happy and contented, justice
has been served
De Ysasi III v. NLRC
The son fell ill and initially his father (who was also his
employer) was shouldering his medical bills but suddenly it
stopped, and was eventually terminated for abandoning his
work in the farm. The lawyers in this case were reminded by
the Courts to first try and settle the case before going to the
Courts.
REMEMBER
Especially in family cases, settle before going to court. Or at
the very lease, show some semblance of an attempt to
settle
_CANON III SEC 9_
Duty to Call Client to Rectify Fraudulent Act
A lawyer who receives information that a client has, in
the course of the representation, perpetrated a fraud in
relation to any matter subject of the representation before
a court, tribunal, or other government agency, or against
any officer thereof, shall promptly call upon the client to
rectify the same. Such fraudulent act on the part of the
client shall be a ground for the termination by the lawyer
of the engagement
When the client perpetrates fraud
The lawyer is immediately liable if the lawyer receives
information that a client has done such a fraudulent act.
You will not be held liable if you didn’t know but if you knew
and did not do anything, you will be held liable
The lawyer must correct the client and if the client refuses,
terminate the lawyer-client relationship
_CANON III SEC 10_
Responsibility Over a Subordinate Lawyer, Paralegal,
or Employee
A lawyer or law firm shall be responsible for the
mistakes, negligence, and/or acts or omissions of a
subordinate lawyer, paralegal, or employee under the
lawyer's direct supervision and control, who is acting
within the scope of the assigned tasks, that cause
damage or injury which brings dishonor to the profession
or violates the rule on confidentiality.
However, such liability of the supervising lawyer does not
attach upon proof of the exercise of diligence of a good
parent of a family in the selection and supervision of
subordinate lawyer, paralegal, or employee.
Command Responsibility
Supervising lawyers and law firms are held accountable for
their subordinates and partners. Still, the superiors may
raise the defense of exercising due diligence in the selection
and supervision of the employee
_CANON III SEC 11_
Responsibility of a Supervisory Lawyer Over a
Supervised Lawyer
A supervisory lawyer shall co-sign a pleading or other
submission to any court, tribunal, or other government
agency with a supervised lawyer. A supervisory lawyer
shall be responsible for a violation of the CPRA by the
supervised lawyer in any of the following instances:
17
 a. the supervisory lawyer orders or directs the
specific conduct or, with knowledge of the
specific conduct, ratifies it; or
b. the supervisory lawyer knows of such conduct at
a time when it could be prevented or its
consequences avoided or mitigated, but fails to
take reasonable remedial action; or
c. the supervisory lawyer should have known of
the conduct so that reasonable remedial action
could have been taken at a time when the
consequences of the conduct could have been
avoided or mitigated.
A supervisory lawyer is a lawyer having direct
supervisory authority over another lawyer, including a
supervising lawyer under Rule 138-A of the Rules of
Court
_CANON III SEC 12_
Responsibilities of a Supervised Lawyer
A supervised lawyer acting under the direction of the
supervising lawyer, managing partner, or other partners
of the firm is nevertheless bound by the CPRA.
_CANON III SEC 13_
Conflict of Interest
A lawyer shall not represent conflicting interests except
by written informed consent of all concerned given after a
full disclosure of the facts.
There is conflict of interest when a lawyer represents
inconsistent or opposing interests of two or more
persons. The test is whether in behalf of one client it is
the lawyer's duty to fight for an issue or claim, but which
is his or her duty to oppose for the other client.
Conflict of Interest
This is when the lawyer represents opposing parties in 1
case.
A lawyer is not allowed to represent conflicting interests
EXCEPT by written informed consent of both parties.
This exception is allowed and is even more
advantageous sometimes, especially in
settlements, when both parties trust the lawyer.
Dee v CA
The 2 opposing parties had the same interest: that the debt
gets paid. Common representation was still allowed by the
SC because no case had been filed with the Court yet.
_CANON III SEC 14_
Prohibition Against Conflict-of-Interest Representation;
Current Clients
In relation to current clients, the following rules shall be
observed:
a. A lawyer shall not enter into a business
transaction with a client or knowingly acquire an
ownership, possessory, security, or other
pecuniary interest adverse to a client unless:
i. it is shown that the transaction and terms on
which the lawyer acquires the interest are
fair and reasonable to the client and are fully
disclosed and transmitted in writing in a
manner that can be reasonably understood
by the client;
ii. the client is advised in writing of the
desirability of seeking, and is given a
reasonable opportunity to seek, the advice of
another independent lawyer on the
transaction; and SDAaTC
iii. the client gives written informed consent to
the essential terms of the transaction and the
lawyer's role in the transaction, including
whether the lawyer is representing the client
in the transaction.
b. A lawyer shall not use confidential information
relating to representation of a client without the
client's written informed consent, except as
permitted or required by law or the CPRA.
c. A lawyer shall not, by undue influence, acquire
any substantial gift from a client, including a
testamentary gift, or prepare on behalf of a
client an instrument giving the lawyer such gift,
directly or indirectly.
d. Unless with the written informed consent of the
client and subject to the application of the sub
judice rule, a lawyer shall not make or negotiate
an agreement giving the lawyer literary or media
rights to a portrayal or account based in
substantial part on information relating to the
representation
e. A lawyer shall not accept compensation for
representing a client from any person other than
the client, unless:
i. the client gives written informed consent;
ii. there is no interference with the lawyer's
independence or professional judgment or
with the lawyer-client relationship; or
iii. the information relating to representation of
a client is protected as required by the rule
on privileged communication.
f. A lawyer, who represents two or more clients in
the same case, in case there is a settlement or
plea-bargaining, shall disclose to all the clients
the existence and nature of all the claims or
pleas involved and the participation of each
client in the settlement or plea-bargaining
g. A lawyer shall avoid testifying in behalf of the
client, except:
i. on formal matters, such as the mailing,
authentication or custody of an instrument,
and the like; or
ii. on substantial matters, in cases where the
testimony is essential to the ends of justice,
18
 in which event the lawyer must, during the a. A lawyer shall maintain the private confidences
testimony, entrust the trial of the case to of a former client even after the termination of
another counsel. the engagement, except upon the written
informed consent of the former client, or as
otherwise allowed under the CPRA or other
_CANON III SEC 15_ applicable laws or regulations, or when the
Conflict of Interest of a Lawyer Hired by a Law Firm information has become generally known.
When a lawyer joins a law firm, it shall be the duty of the b. A lawyer shall not use information relating to
lawyer to disclose to the law firm, at the earliest possible the former representation, except as the CPRA
opportunity, his or her previous clients that may have a or applicable laws and regulations would permit
potential conflict of interest with the current clients of the or require with respect to a current or
law firm. If there is a potential conflict of interest, the prospective client, or when the information has
lawyer shall not act on the case or cases of the affected become generally known.
current client. c. Unless the former client gives written informed
consent, a lawyer who has represented such
client in a legal matter shall not thereafter
Anglo v. Atty. Valencia
represent a prospective client in the same or
Atty Valencia and the other lawyers of his firm were found
related legal matter, where the prospective
to have represented conflicting interests. They had
client's interests are materially adverse to the
represented a client in labor cases and later accepted a new
former client's interests
client in a criminal case where the interests of the two
clients were in conflict.
Mabini Colleges, Inc. v. Atty. Pajarillo
Atty Pajarillo's violation was representing the conflicting
_CANON III SEC 16_
interests by representing RBP in a case for the annulment of
Prohibition Against Dating, Romantic, or Sexual
a mortgage against his former client, Mabini Colleges, Inc.
Relations with a Client
The conflict arose because Pajarillo had previously provided
A lawyer shall not have dating, romantic, or sexual
legal services to Mabini Colleges, and when he later
relations with a client during the engagement, unless the
represented RBP against Mabini Colleges, their interests
consensual relationship existed between them before the
became directly adverse to each other. He was suspended.
lawyer-client relationship commenced.

Adelfa Properties v. Atty. Mendoza

Jusko naman sis kailangan pa ba i-explain? Atty Mendoza allowed himself to be interviewed by
ABS-CBN and made public statements about his former
employer and the alleged illegal activities of the company.
_CANON III SEC 17_
Atty. Mendoza was found to have breached this duty by
Prohibition Against Conflict-of-Interest Representation;
disclosing information he had acquired during his
Prospective Clients
employment as an in-house counsel for Adelfa Properties,
In relation to prospective clients, the following rules shall
Inc. Lawyers are expected to maintain the confidentiality of
be observed:
client information at all times. While the case did not find
a. A lawyer shall, at the earliest opportunity,
Atty. Mendoza guilty of disclosing privileged
ascertain the existence of any conflict of interest
communications between attorney and client, he was still
between a prospective client and current clients,
held accountable for his actions in divulging information
and immediately disclose the same if found to
about his former client's business and making public
exist. In case of an objection by either the
accusations against the company. He was suspended.
prospective or current client, the lawyer shall
not accept the new engagement.
Hadjula v. Atty. Madianda
b. A lawyer shall maintain the private confidences
Atty. Madianda was reprimanded for revealing personal
of a prospective client even if no engagement
secrets and confidential information that the complainant
materializes and shall not use any such
had disclosed during a legal consultation. The complainant
information to further his or her own interest, or
sought Atty. Madianda's legal advice and assistance,
the interest of any current client.
creating a lawyer-client relationship between them. Atty.
Madianda breached this duty of confidentiality by using the
information obtained during the consultation against the
_CANON III SEC 18_
complainant in criminal and administrative complaints. He
Prohibition Against Conflict-of-Interest Representation;
was disciplined.
Former Clients.
In relation to former clients, the following rules shall be
observed:

19
Home Guaranty Corp. v. Atty Tagayun
Atty. Tagayuna and Atty. Panopio, unlawfully withheld
documents belonging to their former client, the Home
Guaranty Corporation (HGC). They were reprimanded.
_CANON III SEC 19_
Corporate Lawyers; Conflict of Interest.
In relation to organizational clients, a lawyer who
represents a corporation or any organization does not, by
virtue of such representation, necessarily represent any
constituent or affiliated organization, such as a parent or
subsidiary.
A lawyer for a corporation or other organization, who is
also a member of its board of directors or trustees, shall
determine whether the responsibilities of the two roles
may conflict. In the event of the latter, the lawyer shall
disclose the conflict of interest to all concerned parties.
Hornilla v. Salunat
Atty Salunat represented the conflicting interests of the
PPSTA and their Board of Directors without their written
consent. He was admonished.
Burgos v. Atty Bereber
Atty Bereber was accused of committing acts constituting a
conflict of interest and lacking in "delicadeza" in his legal
representation of certain members of the Board of Directors
and management staff of CAPELCO in a case filed against
them by CAPELCO member-consumers. There was no
violation primarily because it did not establish the presence
of an attorney-client relationship between Burgos and Atty.
Bereber. Further, A conflict of interest often arises when an
attorney represents both a corporation and its board of
directors in a derivative suit. However, in this case, the
complaint filed with the NEA was not a derivative suit but
was brought by individual member-consumers, including
Burgos, in their individual capacities. This distinction further
weakened the conflict of interest claim.
REMEMBER
"Delicadeza" Not a Ground for Disciplinary Action:
Lack of "delicadeza" or a sense of decency was not a legal
ground for administrative disciplinary action
Rodco Consultancy and Maritime Services Corporation, v.
Atty. Concepcion
Atty. Concepcion's law firm represented a client, Icayan, in a
case against RODCO, even though he had previously acted
as counsel for RODCO. This constituted a conflict of interest,
as lawyers should not represent conflicting interests
without the written consent of all concerned parties. Even
though Atty. Concepcion claimed that his contract of service
with RODCO had been terminated, the fact remained that
he was still associated with the law firm that represented
Icayan against RODCO. There were also issues on the
failure to account for client funds, boasting about being able
to influence the outcome of cases, and persuading clients to
breach contracts. He was disbarred
Anglo v. Atty Valencia
The law firm where Atty Valencia was a partner of, which
had previously represented the complainant in his labor
cases, later agreed to represent FEVE Farms Agricultural
Corporation in a criminal case against Anglo and his wife.
This dual representation of conflicting interests violated the
ethical obligations imposed on lawyers to provide undivided
loyalty and preserve the confidences of their clients. They
were reprimanded.
_CANON III SEC 20_
Legal Services Organization; Conflict of Interest
A legal services organization is any private organization,
including a legal aid clinic, partnership, association, or
corporation, whose primary purpose is to provide free
legal services.
A lawyer-client relationship shall arise only between the
client and the handling lawyers of the legal services
organization. All the lawyers of the legal services
organization who participated in the handling of a legal
matter shall be covered by the rule on conflict of interest
and confidentiality.
_CANON III SEC 21_
Lawyers in Government Service; Conflict of Interest
A lawyer currently serving in the government shall not
practice law privately, unless otherwise authorized by the
Constitution, the law or applicable Civil Service rules and
regulations. If allowed, private practice shall be upon the
express authority of the lawyer's superior, for a stated
specified purpose or engagement, and only during an
approved leave of absence. However, the lawyer shall not
represent an interest adverse to the government.
_CANON III SEC 22_
Public Attorney's Office; Conflict of Interest
The Public Attorney's Office is the primary legal aid
service office of the government. In the pursuit of its
mandate under its charter, the Public Attorney's Office
shall ensure ready access to its services by the
marginalized sectors of society in a manner that takes
into consideration the avoidance of potential conflict of
interest situations which will leave these marginalized
parties unassisted by counsel.
A conflict of interest of any of the lawyers of the Public
Attorney's Office incident to services rendered for the
Office shall be imputed only to the said lawyer and the
lawyer's direct supervisor. Such conflict of interest shall
not disqualify the rest of the lawyers from the Public
Attorney's Office from representing the affected client,
upon full disclosure to the latter and written informed
consent.
20
Ramos v. Atty. Imbang
Attorney Imbang's violations included practicing law
privately while employed in a government office, accepting
attorney's fees in violation of government lawyer guidelines,
engaging in dishonesty and deception, and failing to uphold
the integrity of the legal profession. As a result, he was
disbarred.
_CANON III SEC 23_
Amicus Curiae
A lawyer shall not decline, without just cause, a request
by any court, tribunal, or other government agency to act
as amicus curiae in any proceeding relating to the
lawyer's expertise or field of specialization
_CANON III SEC 24_
Active Involvement in Legal Education.
A lawyer shall keep abreast of legal developments,
participate in continuing legal education programs, and
support efforts to achieve standards of excellence in law
schools as well as in the practical training of law
students.
In addition, a lawyer shall assist the Integrated Bar of the
Philippines (IBP), law schools, law alumni associations,
law associations, or civic organizations, in educating the
public on the law and jurisprudence.
The IBP Chapters shall provide supervising lawyers to
the legal aid clinics in their jurisdiction.
_Mandatory Continuing Legal Education (MCLE)_
MCLE Compliance
Compliance to the MCLE requirement must be indicated in
all pleadings filed to the Courts
Number and date of issue of their MCLE Certificate
of Compliance or Certificate of Exemption for the
immediately preceding compliance period.
Failure to disclose the required information would cause the
dismissal of the case and the expunction of the pleadings
from the records
Requirements
1. Members of the IBP not exempt under Rule 7 shall
complete every 3 years at least 36 hours of
continuing legal education activities approved by
the MCLE Committee. Of the 36 hours:
2. At least 6 hours shall be devoted to legal ethics
equivalent to 6 credit units.
3. At least 4 hours shall be devoted to trial and
pretrial skills equivalent to 4 credit units.
4. At least 5 hours shall be devoted to alternative
dispute resolution equivalent to 5 credit units.
5. At least 9 hours shall be devoted to updates on
substantive and procedural laws, and jurisprudence
equivalent to 9 credit units.
6. At least 4 hours shall be devoted to legal writing
and oral advocacy equivalent to 4 credit units.
7. At least 2 hours shall be devoted to international
law and international conventions equivalent to 2
credit units.
8. The remaining 6 hours shall be devoted to such
subjects as may be prescribed by the MCLE
Committee equivalent to 6 credit units.
Non-compliance
1. Failure to complete the education requirement
within the compliance period;
2. Failure to provide attestation of compliance or
exemption;
3. Failure to provide satisfactory evidence of
compliance (including evidence of exempt status)
within the prescribed period;
4. Failure to satisfy the education requirement and
furnish evidence of such compliance within sixty
(60) days from receipt of non-compliance notice;
5. Failure to pay non-compliance fee within the
prescribed period;
6. Any other act or omission analogous to any of the
foregoing or intended to circumvent or evade
compliance with the MCLE requirements.
Turla v. Atty. Caringal
Atty. Caringal had not attended the required MCLE seminars
within the specified compliance periods. He also apparently
misrepresented his MCLE compliance status in pleadings
and motions submitted to various courts and also claimed to
be exempted from the MCLE requirement by paying an
exemption fee. He was suspended.
Samuel Arnado v. Atty. Adaza
Atty Adaza failed to comply with the MCLE requirement for
multiple compliance periods (I, II, III, IV). He was declared a
delinquent member of the IBP and was suspended and
asked to pay the necessary fees.
People v. Jesus Arrojado
The prosecutor in the case failed to indicate in the
Information (the formal written accusation filed with the
court) the number and date of issue of her MCLE Certificate
of Compliance. The failure of the investigating prosecutor to
indicate in the Information the number and date of issue of
her Mandatory Continuing Legal Education (MCLE)
Certificate of Compliance, as required by Bar Matter No.
1922, warranted the dismissal of the case.
_CANON III SEC 25_
Support for Legal Internship, Apprenticeship, and
Training
To prepare the next generation of lawyers for ethical
practice, lawyers shall support legal internship and
apprenticeship programs and accept law students for
training.
The lawyer shall treat the apprentices as junior
colleagues and future counsels, and shall conscientiously
supervise them.
21

_CANON III SEC 26_
Prompt Payment of Membership Dues
A lawyer shall promptly pay the annual membership
dues in the IBP, unless expressly exempt from such
payment by law or rules
In Re: Atty. Marcial Edillon
Atty Edillon questioned the constitutionality of the annual
membership dues of the IBP and refused to pay as this
apparently violated his constitutional rights, including
freedom of association and property rights. The SC held that
the dues were a legitimate exercise of the state's police
power to regulate the legal profession for the common
good. Atty Marcial was disbarred.
Soliman Santos v. Atty. Llamas
Atty Llamas ailed to pay his annual dues to the IBP for
several years and misrepresented his IBP membership
status by indicating "IBP-Rizal 259060" in his court
pleadings for multiple years, suggesting that he had paid his
dues to the Rizal Chapter of IBP when he had not. He was
suspended until he paid his dues.
_CANON III SEC 27_
Confidentiality of Privileged Communication
A lawyer shall maintain the confidences of the client, and
shall respect data privacy laws. The duty of
confidentiality shall continue even after the termination of
the lawyer-client engagement.
The privilege starts when the lawyer gives legal advice to
the client and persists after the termination of the
attorney-client relationship
Keep all information confidential even from family.
Irrelevant information must NOT be divulged.
_CANON III SEC 28_
Protecting Client Confidences
A lawyer shall not reveal the confidences of the client,
including data from the client's files, except:
1. When a written informed consent is obtained
from the client;
2. When required by law, such as anti-money
laundering statutes, or the Rules of Court;
3. To the extent necessary, to collect the lawyer's
fees;
4. In defense of the lawyer, or the lawyer's
employees or associates;
5. By judicial order, but only if material.
Hilado v. David
Atty Francisco was disqualified from representing Assad as
he already gave legal advice to Hilado and had reviewed the
documents regarding their case.
Bun Siong Yao v. Atty. Aurelio
He tried to argue that the information he received was not
as a lawyer but as a stockholder of the company. This was a
breach of attorney-client privilege and the misuse of
confidential information acquired during the attorney-client
relationship for the purpose of pursuing legal actions
against the client and related corporations. He was
suspended.
Genato v. Atty. Silapan
Silapan breached the confidentiality of his client, William
Ong Genato, by making improper disclosures about
Genato's alleged intention to bribe government officials and
his involvement in illegal business practices. He included
these disclosures in pleadings related to a foreclosure case,
even though these matters were not directly pertinent to the
foreclosure case. He was suspended.
_CANON III SEC 29_
Duty of Confidentiality by Former Lawyers of a Law
Firm
A lawyer shall continue to be bound by the rule on
confidentiality pertaining to clients of his or her previous
law office or law firm.
_CANON III SEC 30_
Duty of Confidentiality of Members of a Law Firm
A lawyer may disclose the legal matters entrusted by a
client of the firm to the partners and associates, as well
as paralegals, legal assistants, law clerks, legal
researchers, law interns, and other non-legal staff, who
are or will be involved in the handling of the client's
account, unless expressly prohibited by the client.
A lawyer directly entrusted with a client's confidences
shall adopt necessary measures to prevent other
members of the law firm, both legal and non-legal, to
whom the client's confidences have been shared, from
disclosing or using them, without the written informed
consent of the client.
_CANON III SEC 31_
Prohibition Against Filial Disclosure
A lawyer shall not discuss a client's confidences even
with family members
_CANON III SEC 32_
Non-Disclosure of Legal Consultation
A lawyer shall not reveal that he or she has been
consulted about a particular case except to avoid possible
conflict of interest.
22
Atty Constantino v. Atty Aransazo, Jr
Atty Aransazo executed a sworn statement that contained
information revealed to him in confidence by his client, Atty
Constantino. Atty Aransazo was suspended.
_CANON III SEC 33_
Foreign Lawyers
Foreign lawyers cannot, directly or indirectly, practice law
in the Philippines.
_CANON III SEC 34_
Active Participation in the Development of the Legal
Profession.
A lawyer shall participate in the development of the legal
system by initiating or supporting efforts in law reform,
the improvement of the administration of justice,
strengthening the judicial and legal system, and
advocacies in areas of special concern such as the
environment, indigenous peoples' rights, human rights,
access to justice, and good governance.
_CANON III SEC 35_
Limited Legal Services
Limited Legal Services refer to services for a specific legal
incident, with the expectation by the lawyer and the
client that the lawyer will not provide continuing legal
services in the matter. This includes being appointed as
counsel de officio only for arraignment purposes or
special appearances to make any court submission, to
give advice, to draft legal documents, to provide legal
assistance before courts or administrative bodies, and the
like.
In all instances, the lawyer shall state that the service
being rendered is in the nature of Limited Legal Services.
A lawyer who renders Limited Legal Services shall be
entitled to compensation as may be agreed upon or
provided by the Rules of Court.
_CANON III SEC 36_
Pro Bono Limited Legal Services
A lawyer appointed by the court as counsel de officio
shall not refuse to render Limited Legal Services pro bono
on the ground of conflict of interest. Instead, the lawyer
shall disclose to all affected parties such conflict of
interest.
In any case, the lawyer may not refuse to render suchpro
bono legal services to the person concerned if only to the
extent necessary to safeguard the latter's fundamental
rights and not to deprive such person of remedies
available under the law or rules.
A lawyer currently serving in the government shall not be
exempt from pro bono service and may be appointed by
any court, tribunal, or other government agency as
counsel de officio, unless prohibited by law, or the
applicable Civil Service rules and regulations, or when
there is a conflict of interest with the government.
_CANON III SEC 37_
Duty of Confidentiality in Limited Legal Services
A lawyer who provides Limited Legal Services must
protect the client's private confidences to the same extent
as if engaged under regular terms.
_CANON III SEC 38_
Termination of Limited Legal Services
Unless governed by Canon III, Section 36, a lawyer must
cease to provide Limited Legal Services to a client when
the lawyer becomes aware that there may be an actual or
potential conflict of interest, except with the written
informed consent of the client.
In all cases, the Limited Legal Services terminates upon
the completion of such services.
_CANON III SEC 39_
Limited Legal Services of Law Student Practitioners
The Limited Legal Services rendered by a law student
practitioner under the Clinical Legal Education Program
shall be governed by the CPRA.
_CANON III SEC 40_
Accountability of Legal Clinic Director and Supervising
Lawyer
A law student clinic director and supervising lawyer,
under Rule 138-A of the Rules of Court shall provide
meaningful training to law students. They shall assume
responsibility for any work performed by the law student
while under their supervision and shall comply with all
the laws, rules, and guidelines pertaining to Law Student
Practice.
_CANON III SEC 41_
Fair and Reasonable Fees
A lawyer shall charge only fair and reasonable fees.
Attorney's fees shall be deemed fair and reasonable if
determined based on the following factors:
1. The time spent and the extent of the service
rendered or required;
2. The novelty and difficulty of the issues involved;
3. The skill or expertise of the lawyer, including the
level of study and experience required for the
engagement;
4. The probability of losing other engagements as
a result of acceptance of the case;
23
 5. The customary charges for similar services and
the recommended schedule of fees, which the
IBP chapter shall provide;
6. The quantitative or qualitative value of the
client's interest in the engagement, or the
benefits resulting to the client from the service;
7. The contingency or certainty of compensation;
8. The character of the engagement, whether
limited, seasonal, or otherwise; and
9. Other analogous factors.
_CANON III SEC 42_
Division of Fees upon Referral
A lawyer shall, in case of referral of legal services in favor
of another lawyer with the written informed consent of
the client, be entitled to a division of fees in proportion to
the work performed and responsibility assumed.
Where a lawyer undertakes to complete unfinished legal
business of a deceased lawyer, a division or sharing of
fees is allowed with the deceased lawyer's legal heirs or
estate.

Quantum Meruit
“As much as he deserves”
_CANON III SEC 43_
This is used in the absence of a written agreement. This is
Non-Sharing of Fees with Non-Lawyers
based on unjust enrichment of the lawyer at the expense of
A lawyer shall not share, split, or divide or stipulate to
the client or vice versa. When the Court intervenes, the
divide, directly or indirectly, a fee for legal services with
amount to be decided is upon the discretion of the Court.
persons or organizations not licensed or authorized to
practice law.
Even there is a written contract, the Court may STILL
intervene especially when the lawyer charges too much or
too little. Non-sharing of fees
In terms of the lawyer hiring a paralegal, it is the lawyer
Basis for Quantum Meruit practicing law and when he pays the paralegal, he pays for
1. Importance of the subject matter in the controversy the help rendered by the paralegal and NOT for the
2. Extent of services rendered supposed legal service given by the paralegal.
3. Professional standing of the lawyer
_CANON III SEC 44_
Metropolitan Bank and Trust Co. vs. Court of Appeals
Payment of Compensation by Third Party
The quantum meruit fee was agreed upon but the lawyer
A lawyer shall not receive any fee, reward, costs,
was asking for more than what was agreed upon and more
commission, interest, rebate or forwarding allowance or
than what the client would earn if they won the case.
other compensation from anyone other than the client,
except upon the written informed consent of such client.
National Power Corporation v. Heirs of Macabangkit
Sangkay
Receipt of compensation from someone other than the
Since neither attorney, Atty. Macarupung Dibaratun nor Atty.
client must not interfere with the lawyer's independence,
Manuel D. Ballelos, presented a written agreement
professional judgment, or the lawyer-client relationship.
specifying their contingent fees, the court applied the
Neither should information relating to representation of a
principle of quantum meruit. the court resolved the issue of
client be disclosed in violation of the rule on privileged
lawyer's fees by applying the quantum meruit principle,
communication.
fixing the fees at 10% of the principal award, and
recognizing Atty. Macarupung Dibaratun as the primary
counsel entitled to the full fees. Atty. Manuel D. Ballelos
_CANON III SEC 45_
received a much smaller fee based on his limited role in the
Prompt Payment of Legal Fees
case.
A lawyer is entitled to prompt payment from the client of
attorney's fees.
Sesbreno v. C.A.
There was a contract of professional services between the
Absent an express agreement as to professional fees, a
clients and lawyers. The contract awarded 60% to counsel
lawyer is entitled to be paid reasonable attorney's fees in
and it was found to be excessive so it was reduced to 50%
accordance with Canon III, Section 41.
but it was still too excessive. Considering the nature of the
case (labor), 20% was settled.
_CANON III SEC 46_
REMEMBER Controversy Over Legal Fees
The written contract is controlling over the lawyer client A lawyer shall avoid any controversy with a client
relationship but the Court may intervene if it is concerning fees for legal services and shall resort to
unreasonably unconscionable. judicial action solely to prevent imposition, injustice or
fraud.

24
 Reddi v. Atty. Sebrio
_CANON III SEC 47_
Several parcels of land were supposed to be purchased by
Enforcement of Attorney's Lien
Reddi through Atty Serbio but these turned out to be bogus
In case of nonpayment of attorney's fees, a lawyer may
pieces of land and she demanded the return of her money
resort to the enforcement of the attorney's lien under
which Atty Serbio was unable to do. He was disbarred.
Canon III, Section 54, by filing a Notice of Enforcement of
Attorney's Lien with the court, tribunal, or other
Freeman v. Atty. Reyes
government agency of origin where the action or
Atty Reyes asked her client for bribe money which she
proceeding the lawyer rendered service for is pending,
eventually kept to herself. She was disbarred.
without prejudice to other remedies under the law or the
Rules of Court. The Notice shall be accompanied by proof
Cordon v. Atty Balicanta
of the services rendered, and served on the client. The
Atty Balicanta ended up taking the land of an old and
court, tribunal, or other government agency, after hearing,
making her live in an old small shack. He used his legal
shall determine the lawyer's entitlement to the claimed
knowledge to take advantage of his client. DISBARRED
fees.

The enforcement of an attorney's lien shall be treated as _CANON III SEC 50_
an independent claim and shall in no instance delay the Separate Funds
resolution of the main case. The resolution of the lawyer's A lawyer shall keep the funds of the clients separate and
claim may be included in the main judgment or in a apart from his or her own and those of others kept by the
separate partial judgment. In the case of a partial lawyer.
judgment, the same shall be subject of appeal.

An appeal in the main case shall not stay the execution of _CANON III SEC 51_
the lawyer's lien. In the execution of the judgment in the Prohibition Against Acquiring Interest in Object of
main case, the court shall give due consideration to the Litigation or Transaction.
pending claim of the lawyer. A lawyer shall not acquire, directly or indirectly, a
proprietary interest in the property or rights which is the
If the claim for attorney's lien arises after a decision has object of any litigation or transaction in which the lawyer
been rendered by the court, tribunal, or other government may take part by virtue of the profession.
agency of origin on the action or proceeding, the claim for
the enforcement of the lien shall be by an independent
actio _CANON III SEC 52_
Prohibition on Lending and Borrowing; Exceptions
During the existence of the lawyer-client relationship, a
_CANON III SEC 48_ lawyer shall not lend money to a client, except under
Compensation for Counsel De Officio urgent and justifiable circumstances. Advances for
Subject to availability of funds as may be provided by professional fees and necessary expenses in a legal
law, the court may, in its discretion, order a lawyer matter the lawyer is handling for a client shall not be
engaged as counsel de officio to be compensated in such covered by this rule.
sum as the court may fix following Canon III, Section 41,
provided that it is not covered by the provision on Limited Neither shall a lawyer borrow money from a client during
Legal Services. the existence of the lawyer-client relationship, unless the
client's interests are fully protected by the nature of the
case, or by independent advice. This rule does not apply
_CANON III SEC 49_ to standard commercial transactions for products or
Accounting during Engagement services that the client offers to the public in general, or
A lawyer, during the existence of the lawyer-client where the lawyer and the client have an existing or prior
relationship, shall account for and prepare an inventory of business relationship, or where there is a contract
any fund or property belonging to the client, whether between the lawyer and the client.
received from the latter or from a third person,
immediately upon such receipt.
On Lending
A lawyer cannot borrow money from the client UNLESS the
When funds are entrusted to a lawyer by a client for a
client is fully protected. A lawyer cannot lend money to
specific purpose, the lawyer shall use such funds only for
clients UNLESS the conditions are both urged and justifiable
the client's declared purpose. Any unused amount of the
entrusted funds shall be promptly returned to the client
It is also allowed so long as there is 3rd party advice.
upon accomplishment of the stated purpose or the
client's demand.

25
The evil sought to be avoided is the undue advantage to be
taken by the lawyer (using his legal knowledge) to avoid
payment of his obligations.

Aguilar-Dyquiangco v. Atty. Arellano

Atty Arellano, despite being paid, failed to file the case of
his client and frequently borrowed money from the latter.
They also have a joint checking account for business
transactions but he only got unnecessary money from them.
He is suspended.

Spouses Concepcion v. Atty. dela Rosa

Atty dela Rosa borrowed money from clients so they issued
three checks in the lawyer's name, and the lawyer signed an
acknowledgment agreeing to repay the loan amount with
interest within 5 days. Atty dela Rosa had borrowed money
from them without adequate protection for their interests,
and he failed to repay the loan as agreed. He was
suspended.

Tangcay v. Atty. Cabarroguis

Atty Cabarroguis lent money to his client without proper
justification or protection for the client's interests was
considered unethical and led to disciplinary action. He was
suspended.

Frias v. Atty. Bautista-Lozada

Atty Lozada loaned money from her clients and did not
return the money. She was suspended

Contingent Fee vs. Champertous Contract

CONTINGENT FEE CHAMPERTOUS CONTRACT

VOID
VALID The focus is on winning to
get your money back

Urgent situation requires the lawyer to advance the

payment and evidently loan money to the client

A certain percentage will be received by the lawyer as a

reward which will be counted as a professional fee

If you lose, you still get If you lose, you don’t get
paid reimbursed

END OF MIDTERM COVERAGE

26
 He also claimed to only be counsel of the former
administrator of the estate and not the current one; which
_CANON III SEC 53_
means that he is, indeed, no longer counsel of the estate.
Termination of Engagement by the Lawyer
This is NOT a valid excuse because he was engaged by the
A lawyer shall terminate the lawyer-client engagement
estate as counsel and not personally engaged by the
only for good cause and upon written notice, in any of the
administrator — so regardless of who the administrator is,
following cases:
he continues to be counsel of record and therefore is
A. When the client pursues an illegal or immoral
obligated to inform his client of the decision.
course of conduct in connection with the
The reasons for termination which Atty Unson gave was not
engagement;
in line with the list of valid reasons found in the CPRA. On
B. When the client insists that the lawyer pursue
failing to substantiate his claims, he was asked to pay treble
conduct that is violative of these Canons and
costs and decision of the intestate court was enforced.
rules;
C. When the lawyer's inability to work with a
REMEMBER
co-counsel will not promote the best interest of
the client; When engaged by the estate/corporation/organization, you
D. When the moral predisposition or the mental or are the counsel of the group and not just the person that
physical condition of the lawyer renders it hired you for that group.
difficult to carry out the engagement effectively;
E. When the client deliberately fails to pay the fees Montano v IBP and Atty Dealca
for the lawyer's services, fails to comply with the Atty. Dealca withdrew from the case because his client
retainer agreement, or can no longer be found failed to pay the remaining balance (Php 7,500) for his
despite diligent efforts; services leaving a note saying, “Pepe and Del Montano, For
F. When the lawyer is elected or appointed to breaking your promise, since you do not want to fulfill your
public office; end of the bargain, heres your reward: Henceforth, you
G. Other similar cases. lawyer for yourselves. Here are your papers.”
According to the client, they were only able to pay Php
4,000 and promised to pay the rest at a later date.
May a lawyer terminate their engagement with a client
This withdrawal was not justified because it was neither
for no particular reason at all?
good cause nor was there proper prior notice to the client.
NO. A lawyer may not terminate their engagement with a
The Court also stated that Montano had exerted honest
client just because they want to. The only valid reasons are
efforts to pay Atty Dealca albeit quite short on the agreed
stipulated in Canon III Sec 53.
upon amount. And it is because of this honest effort that
gives Atty Dealca the impetus to remain as Montano’s
What if a difficult client is causing much mental distress
counsel. He was reprimanded.
to a lawyer?
The lawyer can invoke Canon III Sec 53 (D) but the lawyer
REMEMBER
must be able to show the correlation between your medical
health and actuations of the client certified by your doctor Failure to pay
A lawyer may only withdraw from a case when there is
CLASS DISCUSSION deliberate failure to pay on the client’s end. Otherwise, it is
not a valid ground to withdraw.
Extra Grace Required (EGR) Clients
Sometimes you get clients who are very difficult to deal
Lim v Atty. Nicanor Villarosa
with. You may not necessarily disagree with each other nor
Atty. Villarosa withdrew without notice to Mr Jalandoni
does the client push you to do something illegal but their
though he claims otherwise so Mr Jalandoni filed a case
demeanor may be difficult to deal with. In such cases, the
against the former stating that Atty Villarosa did NOT
remedy is Canon III Sec 53 (D) provided that the required
properly follow the process of withdrawal.
proof is complied with.
Atty. Villarosa argues that he already filed a petition to
withdraw as counsel and there was new counsel for the
Intestate Estate of Luis Domingo v. Aquino
client so his withdrawal was proper.
In the intestate court, there was an effective withdrawal of
The Court disagrees because while there was indeed a
counsel but in the appellate court, Atty. Unson failed to
Petition filed by Atty Villarosa and there was a supposed
withdraw as counsel. In effect, when the appellate court
new counsel for Mr Jalanoni, there was no hearing nor
served the decision upon him, there was essentially no
decision from the court. Further, the supposed new counsel
effective service of the decision to the client.
was only supposed to be a collaborating counsel but
Atty. Unson claims that since he was no longer counsel in
because of Atty Villarosa’s withdrawal, the new counsel
the appellate court, when he received the decision of the
was forced to be the sole counsel of Mr Jalandoni for failure
court, he was under no obligation to tell his former clients
of Atty Villarosa to appear in the necessary counsel in
about it. This is wrong because in the appellate court’s
necessary hearings. He was suspended.
records, he was still the counsel for the case – hence, he is
under obligation to inform the client.
27
Process for Withdrawal (assuming there is good cause)
1. Withdrawing counsel must get a written consent
from the client to be attached when the
withdrawing counsel files the manifestation in
court
2. In the absence of a written consent, counsel must
file a Petition to Withdraw as Counsel with the
court and serving a copy of the same to the client 3
days prior to the hearing
3. There must be a hearing wherein the judge will
grant/deny the petition to withdraw
4. There must be a new counsel on record so as not
to orphan the client. Without it, you are bound to
continue to represent them in the interest of justice.
5. If there is valid ground as to the inability of the
withdrawing counsel to continue, the withdrawing
counsel must appeal to the court to assign a
counsel de officio to the client
_CANON III SEC 54_
Termination of Engagement by the Client
The lawyer-client engagement may be terminated by the
client at any time upon loss of trust and confidence.
The termination of the engagement shall not relieve the
client from full payment of all professional fees due to the
lawyer. If the engagement has been reduced to writing,
the lawyer shall be entitled to recover from the client the
full compensation stipulated, unless found by the court,
tribunal or other government agency to be
unconscionable or unreasonable under Canon III, Section
41 of the CPRA.
For the payment of the compensation, the lawyer shall
have a charging lien upon all judgments for the payment
of money, and executions issued in pursuance of such
judgment, rendered in the case where the lawyer's
services had been retained by the client.
Does the client need good cause to terminate their
engagement with the lawyer?
NO. So long as the client loses trust and confidence, the
client can terminate the engagement.
Obando v Figueras
Obando claims that when Atty. Yuseco filed the Motion to
Dismiss, the latter was no longer the counsel of Figueras, as
shown by Eduardo's Manifestation and Motion, dispensing
with said Atty. Yuseco's services in the proceedings in view
of a Compromise Agreement with Obando.
The Court found that Eduardo did NOT dismiss Atty Yuseco
and stated that Eduardo was tricked by Obando into signing
the Manifestation and Motion, and Compromise Agreement.
The Court states that there was no valid substitution of
counsel. In fact, according to the court's discretion, a
previously dismissed attorney can step in to safeguard the
client's rights.
Process for the Substitution of Counsel
1. New counsel files a written application for
substitution
2. Client’s written consent must be obtained
3. Secure written consent of the lawyer to be
substituted
4. If written consent can no longer be obtained, then
the application for substitution must carry proof
that notice of the motion has been served on the
attorney to be substituted in the manner required
by the Rules
REMEMBER
No new counsel, no valid substitution
A contract to end the attorney-client relationship is valid
so long as the case has not reached the courts. HOWEVER,
once the courts are engaged, there is a process to properly
terminate the attorney-client relationship.
PRESUMPTION: Case is already fined in court
_CANON III SEC 55_
Termination of Engagement upon Death
The death of the lawyer or client shall terminate the
lawyer-client relationship. The death of such lawyer shall
not extinguish the lawyer-client engagement between
the law firm and the client handled by such law firm.
_CANON III SEC 56_
Accounting and Turn Over upon Termination of
Engagement
A lawyer who is discharged from or terminates the
engagement shall, subject to an attorney's lien,
immediately render a full account of and turn over all
documents, evidence, funds, and properties belonging to
the client.
The lawyer shall cooperate with the chosen successor in
the orderly transfer of the legal matter, including all
information necessary for the efficient handling of the
client's representation.
A lawyer shall have a lien upon the funds, documents,
and papers of the client which have lawfully come into
his or her possession and may retain the same until the
fair and reasonable fees and disbursements have been
paid, and may apply such funds to the satisfaction
thereof.
28
 CANON IV - COMPETENCE & DILIGENCE
The role of counsel to account and turnover property of the client
is part and parcel of their duty under this canon
A lawyer professionally handling a client's cause shall, to
the best of his or her ability, observe competence, diligence,
commitment, and skill consistent with the fiduciary nature of
the lawyer-client relationship, regardless of the nature of
the legal matter or issues involved, and whether for a fee or
pro bono.
To be an excellent lawyer, you must have character,
competence, and diligence. Whether the case is big or
small, the lawyer must still exhibit these characteristics.
_CANON IV SEC 1_
Competent, Efficient and Conscientious Service
A lawyer shall provide legal service that is competent,
efficient, and conscientious. A lawyer shall be thorough in
research, preparation, and application of the legal
knowledge and skills necessary for an engagement.
Excellence is in the details
An excellent lawyer has an eye for details – which is why
lawyers are usually given research as their first task.
Katipunan v Atty Carrera
Katipunan wanted to receive disability benefits from his
company so he filed a case against them before NLRC. Atty
Carrera, however, failed to inform Katipunan of the dismissal
of the case and Katipunan only found out about this when
he visited the former and asked to see the files of the case.
Because of this, Katipunan was unable to ask Atty Carrera
to file a motion for reconsideration which eventually lead to
the case attaining finality by judgement. Atty Carrera’s
defense is that it was practically pointless to file further
action and that Katipunan failed to pay him.
Because he was not diligent in his duties (updating the
client nor inform him that the Court rendered a resolution
adverse to his client), Atty Carrera was suspended.
REMEMBER
Diligent, Hardworking, and Persevering
While your IQ will get you a job, your EQ allows you to
keep your job
Canillo v. Atty. Angeles
The CA initially dismissed the case. Canillo (and his counsel,
Atty. Angeles) filed a Petition for Review to which Dr Malvar
filed a Reply to – however, Atty. Angeles failed to file a
Comment to the Reply of Dr Malvar. Because of that, the
case was ultimately dismissed by the CA with finality. For
his lack of diligence in filing the proper pleading, Atty.
Angeles was disbarred.
In re: Complaint against The Law Firm of Roque and
Butuyan
Atty. Blendell “did not prove with substantial evidence” that
the law firm (of Roque) or its lawyers committed acts that
are contrary to law, the Lawyer’s Oath, or the CPR. It noted
that Atty. Blendell “charged the entire law firm without
specifying the lawyer or lawyers he is actually filing a
complaint against.”
The Court never even ruled on the issue of the failure to
transfer the condo unit and parking lot as it was not within
its jurisdiction as the laws applicable has something to do
with commercial laws and NOT ethical laws. It would have
been different if Blendel was able to show evidence that
there is an unethical conduct committed by the law office.
_CANON IV SEC 2_
Undertaking Legal Services; Collaborating Counsel
A lawyer shall only undertake legal services he or she
can deliver.
With the prior written consent of the client, a lawyer may
secure the services of a collaborating counsel.
Can a lawyer say no to a client?
YES.
GR: A lawyer may say no to a client
EXP: The client is defenseless or oppressed
EXP TO EXP:
1. Conflict of interest exists
2. Lawyer is in no position to carry out the work
A lawyer is NOT BOUND to accept a case but if the lawyer
does, the lawyer is bound to give it your best and see it
through to the end. Otherwise, do NOT accept it.
De Juan v. Atty. Baria III
Triple AAA terminated Emma De Juan without notice which
prompted her to file a case to the NLRC and Atty Baria was
assigned to her. According to the latter, the Labor Arbiter
rendered a decision in their favor but this was reversed by
the NLRC. De Juan blamed Atty Baria for the reversal of the
case as he claimed not to know how to file a Motion for
Reconsideration.
Atty. Baria claimed that he had informed the client that he
was inexperienced and at some point, he even asked his
clients not to call him anymore because he was losing his
patience with them. He also claimed that he never violated
his oath and it was the client’s own fault that the case failed.
The Court disagreed because he should have dilligently
gone back to his books and reviewed. Moreover, he should
have just not accepted the case if he was not confident. He
was neither competent nor diligent so Atty. Baria was fined.
_CANON IV SEC 3_
Diligence and Punctuality
A lawyer shall diligently and seasonably act on any legal
matter entrusted by a client.
29
 A lawyer shall be punctual in all appearances,
submissions of pleadings and documents before any
court, tribunal or other government agency, and all
matters professionally referred by the client, including
meetings and other commitments.
Egger v. Atty. Duran
Egger engaged the services of Atty. Duran to handle the
former’s annullment case on his behalf. Egger deposited a
total of Php 100,000 but Atty. Duran never filed the petition.
Egger, first through his wife and next through his new
counsel, wrote a letter to Atty Duran asking for the return of
the money and he promised to do so eventually. Atty Duran
never did so a disciplinary case was filed to the IBP.
Atty Duran pleaded to dismiss the case claiming also that
there was no attorney-client relationship with Egger as
(apparently) his real client was the wife. He also reasoned
that he didn't file the case for failure of the client to remit
the full acceptance fee. The Court found these reasons
untenable as, in accepting the case and receiving payment,
there had already been an attorney-client relationship
formed and imposes upon him the obligation to see the case
through (in the absence of termination of such relationship).
Atty. Duran was suspended for neglecting a legal matter
and for his failure to hold in trust all the money he received
from Egger.
Ramirez v. Atty. Buhayang-Margallo
Atty. Buhayang-Margallo recommended that they (Ramirez)
file an appeal and she filed a Notice of Appea but failed to
file an Appelant’s Brief. The case was dismissed not based
on merits but through her negligence.
Atty. Buhayang-Margallo lied and informed Ramirez that the
appeal was denied and that they could no longer appeal as
the reglementary period had already lapsed. Ramirez
eventually discovered the truth and filed an IBP case against
the lawyer.
Atty. Buhayang-Margallo claimed that she had taken the
case for free (save for the Php 1000 travel expense), that
she had informed her client that they only had a 50%
chance of winning the case, denied the agreement of 30% of
the land as contingent fee, and she would not have taken
the case if she wasn’t begged to do so. She also assumed
that the client did not wish to pursue the case so she did not
push through with the appeal.
The Court stated that she did not exercise the necessary
diligence for her inaction and, more importantly, she did not
even exert any effort at all to communicate with her client.
Atty. Buhayang-Margallo was suspended.
REMEMBER
Your duty to your client remains even though your client is
not dutiful towards you.
_CANON IV SEC 4_
Diligence in All Undertakings
A lawyer shall observe diligence in all professional
undertakings, and shall not cause or occasion delay in any
legal matter before any court, tribunal, or other agency.
A lawyer shall appear for trial adequately familiar with
the law, the facts of the case, and the evidence to be
presented. A lawyer shall also be ready with the object
and documentary evidence, as well as the judicial
affidavits of the witnesses, when required by the rules or
the court.
Quitazol v. Atty. Capela
Napoleon acquired the services of Atty. Capela in exchange
for a Toyota Corolla. But the latter failed to appear for 5
appearances including when Napoleon eventually signed
the compromise agreement with the opposing party despite
him being on (what he felt to be) the losing end.
The IBP found that there was indeed an attorney-client
relationship through the car and his filing of appearance.
Second, his failure to appear in the hearings was
tantamount to negligence. Finally, Atty. Capela was said to
have withdrawn which, generally, wuld have been okay if
not for his repeated inappearance.
Atty. Capela was suspended.
Go v. Atty. Buri
Atty. Buri told Go that the annulment case was already filed
with the Court after the payment of Php 150,000. Go asked
if the case could be put on hold in order to deal with other
concerns. When she decided to pursue the case again, Atty.
Buri asked for another Php 38,000 which Go reluctantly
remitted. Go became suspicious when Atty Buri did not
show her the files when she asked for it. Eventually, Go
found out that no petition was ever filed.
Because of the loss of trust, Go demanded that Atty Buri
return the money but the latter only returned half despite
the former’s demand. Because of her failure to file the
petition despite the payment of the fee and misleading her
client, the IBP found Atty Buri guilty and suspended her.
_CANON IV SEC 5_
Prompt and Objective Assessment of the Merit
A lawyer shall, after reasonable inquiry, promptly give an
objective assessment of the merits and probable results
of the client's case.
A lawyer shall explain the viable options to the client to
enable an informed decision regarding the matter.
_CANON IV SEC 6_
Duty to Update the Client
A lawyer shall regularly inform the client of the status
and the result of the matter undertaken, and any action in
connection thereto, and shall respond within a reasonable
time to the client's request for information
30
Ramiscal and Orzame v. Atty. Orro
Atty. Orro failed to inform the Ramiscals about the adverse
decision of the CA. The Ramiscals discovered this decision
through neighbors and attempted to contact the Atty Orro,
initially without success. When they finally reached him, he
requested an additional fee of Php 7,000 for filing a MR,
despite it being belated. Despite paying the amount, they
found out that he did not file the MR. The decision became
final, leading to the loss of their property, estimated at Php
3,391,600. Atty. Orro’s main fault here is his failure of
informing his client of the adverse decision against them,
depriving his clients of the decision of whether or not the
case will be pursued further. Atty Orro was suspended.
REMEMBER
If you are not keen on pursuing the case for your client, at
the very least, inform them of the decision of the court so
that they may have the opportunity to decide whether to
agree or disagree with you. If they disagree, they can at
least find another lawyer who might be willing to pursue
the case.
Vda. de Robosa v. Atty. Mendoza and Atty. Navarro, Jr
Atty Mendoza was the cousin of Felicisima Mendoza and he
was promised ⅕ of the for titling land or ⅕ of its value in
cash, should they win the case. They, however, lost and Atty
Mendoza filed a case to the RTC demanding the ⅕ that was
promised to him as contingency fee but Felicisima stated
that their cousin had tricked her into signing the agreement.
She acquired the service of Atty Navarro for the case filed
against them by Atty Mendoza but he only filed the case 93
days beyond the deadline reasoning that he had been busy
as he was busy with his campaign.
Atty Mendoza’s case in the IBP was dismissed as he was
merely trying to get his fees but it was still his duty to
inform Felicisima and the new counsel of the status of the
case so as not to very belatedly file whatever needed to be
filed. Atty Navarro, on the other hand, was suspended.
REMEMBER
If the client finds themselves busy with other things, they
should not just drop the client out of the blue but, at the
very least, inform them of the status of the case and going
through the proper process of withdrawing from the case.
_CANON IV SEC 7_
Extension of Time to File
A lawyer shall avoid asking for an extension of time to
file any pleading, motion, or other court submission,
except when allowed by the Rules of Court or for good
cause.
When an extension is obtained, the lawyer shall not let
the period lapse without submitting the pleading, motion,
or other court submission, except upon the client's
decision not to pursue the case any further or for other
justifiable cause
Presumption when filing for an Extension
When a lawyer files a Motion for Extension, the
presumption is that the lawyer intends to file a pleading.
In effect, there is no point in filing for an extension if there is
no intention to file a pleading.
Enriquez v. Atty. Lavadia, Jr
Atty Lavadia failed to file the necessary pleadings despite
the extensions which resulted in an adverse decision against
Enriquez. Atty Lavadia’s defense for the requests for
extension was the illness of his wife and a series of
unfortunate events in his life. In the IBP case against him, he
also asked for several extensions but failed to file a
pleading. Atty Lavadia was disbarred.
REMEMBER
Never neglect the orders of the Court
The Court is empathetic as to the struggles all lawyers had
to go through and whatever it is the lawyers might be
going through. Nonetheless, when the Court orders its
lawyers to do something, the lawyers must take
responsibility and comply. Otherwise, a lawyer found to be
disrespectful of the Court will be disbarred without
question.
_CANON IV SEC 8_
Lifelong Learning
A competent lawyer engages in lifelong learning through
the continued development of professional skills.
MCLE
See Page 21
_CANON IV SEC 9_
Practice of Law Concurrent with Another Profession
A lawyer who is engaged in another profession or
occupation concurrently with the practice of law shall
expressly provide in the pertinent contract the nature of
the services the lawyer is engaged to perform.
The practice of another profession or occupation shall not
jeopardize such lawyer's competence, integrity, probity,
and independence in rendering legal services.
Contract of Services
A lawyer can sometimes perform services which are no
longer part of the services of a lawyer. It must be clarified
in the contract what services lawyers are to perform.
Otherwise, the clients would be mislead into thinking that
they are being provided legal services when they are being
provided with another service – this could ripen into a
conflict-of-interest situation.
31

_CANON IV SEC 10_
Non-Legal Activities
A lawyer who is engaged in business or other non-legal
profession shall likewise observe the ethical duties and
responsibilities of a lawyer under the CPRA.
Dr. Gamilla, et al. v. Atty. Mariño, Jr.
Atty. Mariño, Jr. was the president and legal counsel of the
union; and he was also part of the officers of the employee
group the unions were going against. The main issue here is
that he negotiated for the compromise agreement that was
supposed to favor the union. But after negotiations, it ended
up benefitting the officers more.
It was expected of him to clarify to the rest of the union
whether he was acting as the union’s lawyer or as an officer
in the employee group or acting as both — but he never did.
Atty. Mariño, Jr. was reprimanded.
CANON V - EQUALITY
“Those who have less in life must have more law”
Every lawyer shall adhere to the principle of equality and
hold firmly the belief that every person, regardless of
nationality or ethnicity, color, sexual orientation or gender
identity, religion, disability, age, marital status, social or
economic status, and other like circumstances, has the
fundamental right to equal treatment and representation.
As such, the lawyer shall accord equal respect, attention,
dedication and zeal in advancing the client's cause,
regardless of personal opinion, religious or political beliefs
pertaining on the personal circumstances of the client,
except for justifiable reasons.
Does equality mean you treat everyone the same way?
NO. It doesn’t necessarily mean we should treat others the
same way in every way but treat them according to their
needs in order to give quality service for all.
Is it justifiable to reject a client if what they did is against
what you stand for?
YES. Under Canon V Sec 3, if the lawyer is not in a position
to carry out the work effectively or competently due to a
justifiable cause, then they can refuse to represent the client
A person who you think is guilty comes to you for your
services but you also have a lot of things going on in your
personal life. Can you refuse this client?
You cannot refuse the case just because you think the
person is guilty — that is for the Court to decide. The
lawyer’s duty is to defend the client and bring forth justice.
Busyness is a valid reason to refuse the case.
_CANON V SEC 1_
Non-Discrimination
A lawyer shall not decline to represent a person solely on
account of the latter's nationality or ethnicity, sexual
orientation or gender identity, religion, disability, age,
marital status, social or economic status, political beliefs,
or such lawyer's or the public's opinion regarding the
guilt of said person, except for justifiable reasons.
“Solely”
A lawyer may validly refuse to accept a case/client so long
as your reason is not just based on the characteristics laid
out in this Canon
Francisco v. Atty. Portugal
By using the word “salvaged” in their defense, Atty
Portugal implied that he believed that the client was
already guilty even before the Court rendered its judgement.
Atty Portugal was suspended.
32
 _CANON V SEC 2_ _CANON V SEC 3_
Treatment of Vulnerable Persons Indigent Person
In dealing with a client who belongs to a vulnerable A lawyer shall not refuse the representation of an
sector, a lawyer shall be mindful and sensitive of, and indigent person, except if:
consider the client's special circumstances, as well as the a. the lawyer is not in a position to carry out the
applicable laws and rules. work effectively or competently due to a
justifiable cause;
The lawyer shall observe a higher standard of service b. the lawyer will be placed in a conflict-of-interest
suited to the particular needs of the vulnerable person situation; or
and shall assert such person's right to meaningful access c. the lawyer is related to the potential adverse
to justice. party, within the sixth degree of consanguinity or
affinity, or to the adverse counsel, within the
A vulnerable person is a person who is at a higher risk of fourth degree.
harm than others, and shall include children, the elderly, An indigent is any person who has no money or property
the homeless, persons with disability, persons deprived of sufficient for food, shelter and other basic necessities for
liberty, human rights victims, victims of domestic violence, oneself and one's family.
victims of armed conflict, those who are
socioeconomically disadvantaged, those who belong to
Is it enough that a person has no money?
racial or ethnic minorities, or those with debilitating
NO. Indigence is dependent on circumstances. For example,
physical or mental conditions.
a single man earning Php 10,000 is not necessarily indigent
as he only has to sustain himself. Whereas a woman
Who are vulnerable persons earning Php 50,000 with 8 children might be considered
1. Children 8. Victims of armed conflict indigent (subject to the determination of the courts)
2. Elderly 9. Those who are
3. Homeless socioeconomically What is the implication if the person is indigent?
4. Persons with disabilities disadvantaged The lawyer must accept the case upon determining that a
5. Persons deprived of 10.Those who belong to person actually is an indigent.
liberty racial or ethnic minorities
6. Human rights victims 11.Those with debilitating Determining if a person qualifies as a Pauper Litigant
7. Victims of domestic physical or mental Rule 3, Section 21 - 1997 Rules of Civil Procedure
violence conditions. 1. File a Petition to be recognized as an Indigent
2. Show proof via the Property and Income Standard
Rodica v. Atty. Lazaro et al. (Twin Requirement)
Rodica alleged that Atty. Lazaro’s law firm and MOST law a. Gross monthly income
were conspiring to have the case involving her land in b. Ownership of real property
Boracay dismissed. 3. If opposed, by adverse party, a Hearing should be
Atty. Espejo allegedly helped Rodica because she was called proving that they comply with the…
defenseless and oppressed, therefore he felt compelled to 4. Subsistence Standard
help her despite her not being his client. Is their income enough to sustain the basic
The Court did not accept this and stated that Rodica was necessities of them and their family?
neither defenseless nor oppressed considering that she is 5. Any time before judgment is rendered and new
properly represented by counsel in the RTC case — evidence is discovered, the adverse party may
therefore, her rights are amply safeguarded. contest
Atty Espejo was warned. a. If the parties are proven to NOT be
indigent, then they are to pay the
REMEMBER necessary court fees

Before accepting a case of a vulnerable person

Spouses Algura v. City of Naga
You have to first make sure that this person is not already
Sps. Algura’s boarding house was demolished by the City
represented by another counsel. Further, you have to also
for being a nuisance leading to the loss of Php 7000 of their
make sure that this person is truly a member of the
monthly income which they use to sustain their own lives
vulnerable sectors of society.
and that of their 6 children. They filed a petition to be
recognized as indigents which was granted. The City argued
that the spouses had a computer shop, a sari-sari store, and
that the husband works as a police officer so they cannot be
considered indigents. The RTC ruled that the spouses were
unable to comply with the property and income standard
but the SC ruled that, assuming that they fail to meet these
standards, the Court must apply the Indigency Test which

33
states that they must prove that they earn enough to satisfy
the necessities for himself and his family. The spouses were
considered indigents.
_CANON V SEC 4_
Standard of Service
A lawyer shall observe the same standard of service for
all clients, regardless of remuneration, except for the
higher standard required for representation of vulnerable
persons.
Canoy v. Atty. Ortiz
Atty. Ortiz is known as a pro bono lawyer and Canoy sought
his services as he claimed to be illegally dismissed. The
latter provided all the necessary papers but Atty Ortiz failed
to submit the necessary documents that lead to the
dismissal of the case.
Atty. Ortiz apparently never communicated with his client
the status of the case and neither was the client informed of
the lawyer’s failure to submit the papers. Further, he
requires his clients to go to him instead as he was being
worn thin by his work as counselor among other reasons.
While the Court recognizes his pro bono work, he must
represent an indigent with the competence and diligence
that the legal profession requires whether or not they can
pay. Atty Ortiz was suspended.
CANON VI - ACCOUNTABILITY
Being responsible for your own actions
By taking the Lawyer's Oath, a lawyer becomes a guardian
of the law and an administrator of justice. As such, the
lawyer shall observe the highest degree of morality, adhere
to rigid standards of mental fitness, and faithfully comply
with the rules of the legal profession.
Failure to honor this covenant makes the lawyer unfit to
continue in the practice of law and accountable to society,
the courts, the legal profession, and the client.
Accountability
The acceptance of responsibility for one’s own actions in
relation to certain standards. If not reached, then one must
take responsibility for not being able to meet these
standards.
SC Stops IBP-Central Luzon Election of Officers
Atty Divina is being held accountable by the SC for his
alleged illegal campaigning during the elections. Because of
this, eletions were stopped and certain officers-in-charge
were temporarily discharged to perform the functions of the
Governor and to represent the Central Luzon Region at the
26th Board of Governors.

REMEMBER
The SC will nothesitate to intervene when they detect
certain anomalies in the campaigns.

Celia Mendoza v. Atty. Santiago, Jr.

Celia was managing the estate involving a parcel of land.
Barlaan executed an Extrajudicial Settlement with Waiver
and Transfer of Rights which was notarized by Atty
Santiago Jr. Barlaan sold the parcel of land to Ramos twice
(P3,130,000.00 and P1,500,000.00), both notarized by Atty
Santiago Jr but only the 2nd was sent to the registry of
deeds so Barlaan would pay less taxes. He was suspended.

REMEMBER
The SC tends to be strict on lawyers who are also notaries
public.

_CANON VI SEC 1_
Nature of Disciplinary Proceedings Against Lawyers
Disciplinary proceedings against lawyers shall be
confidential in character and summary in nature.

Nonetheless, the final order of the Supreme Court shall

be published like its decisions in other cases.

Character
Confidential so as not to be
tried by publicity
Nature
Summary - immediate and no
clarificatory hearingis
required unless absolutely
necessary

34
Disciplinary proceedings are done with haste
So as not to inconvenience and to erase any cloud of doubt
on the integrity of the subject lawyer
_CANON VI SEC 2_
How Instituted
Proceedings for the disbarment, suspension, or discipline
of lawyers may be commenced by the Supreme Court on
its own initiative, or upon the filing of a verified complaint
by the Board of Governors of the IBP, or by any person,
before the Supreme Court or the IBP. However, a verified
complaint against a government lawyer which seeks to
discipline such lawyer as a member of the Bar shall only
be filed in the Supreme Court.
A verified complaint filed with the Supreme Court may be
referred to the IBP for investigation, report and
recommendation, except when filed directly by the IBP, in
which case, the verified complaint shall be referred to the
Office of the Bar Confidant or such fact-finding body as
may be designated.
Complaints for disbarment, suspension and discipline
filed against incumbent Justices of the Court of Appeals,
Sandiganbayan, Court of Tax Appeals and judges of
lower courts, or against lawyers in the judicial service,
whether they are charged singly or jointly with other
respondents, and whether such complaint deals with acts
unrelated to the discharge of their official functions, shall
be forwarded by the IBP to the Supreme Court for
appropriate disposition under Rule 140, as amended.
Who may file: Anybody
1. Supreme Court
What is to be filed?
2. Board of Governors of
A VERIFIED complaint
the IBP
3. Any person
FILED WITH SC FILED WITH IBP
May be referred to the IBP Referred to the Office of
for investigation, report the Bar Confidant or such
and recommendation fact-finding body as may
be designated
REMEMBER
Why refer it to a fact-finding body?
The SC/IBP cannot decide on a case unless the facts are
clear
_CANON VI SEC 3_
Contents of the Complaint
The complaint shall be verified. It shall state clearly and
concisely the acts or omissions complained of and shall
be supported by judicial affidavits of the witnesses and
such other documents in support thereof.
If the verified complaint is filed before the IBP, six (6)
copies thereof shall be filed with the Secretary of the IBP
or the Secretary of any of its chapters, who shall
forthwith transmit the same to the IBP Board of
Governors.
_CANON VI SEC 4_
List of Investigating Commissioners; Qualifications
The IBP shall recommend to the Supreme Court one
hundred fifty (150) lawyers in good standing and repute,
whom the IBP shall proportionately select from its nine
(9) regions. The IBP may periodically recommend the
adjustment of the number of Investigating Commissioners
to the Supreme Court according to the existing caseload.
The list, with the curriculum vitae of the recommended
lawyers, shall be submitted by the IBP within a month
from the effectivity of the Code.
Only those approved by the Supreme Court may be
designated as Investigating Commissioners, who shall
serve for a term of three (3) years, unless sooner
removed, replaced or resigned.
An updated list shall be submitted by the IBP to the
Supreme Court upon removal, replacement, or
resignation of a lawyer previously designated as
Investigating Commissioner by the Supreme Court.
All approved Investigating Commissioners shall take an
oath of office in the form prescribed by the IBP. A copy of
the Investigating Commissioner's appointment and oath
shall be transmitted to the Supreme Court.
_CANON VI SEC 5_
Assignment by Raffle of Investigating Commissioner
The IBP Board of Governors shall assign by raffle an
Investigating Commissioner from among the lawyers
approved by the Supreme Court in the list submitted by
the IBP or, when special circumstances so warrant, a
panel of three (3) Investigating Commissioners, to
investigate the complaint
_CANON VI SEC 6_
Complaint Against a Government Lawyer
When a complaint is filed against a government lawyer,
the Investigating Commissioner shall determine, within
five (5) calendar days from assignment by raffle, whether
the concerned agency, the Ombudsman, or the Supreme
Court has jurisdiction. If the allegations in the complaint
touch upon the lawyer's continuing obligations under the
CPRA or if the allegations, assuming them to be true,
make the lawyer unfit to practice the profession, then the
Investigating Commissioner shall proceed with the case.
Otherwise, the Investigating Commissioner shall
recommend that the complaint be dismissed.
35
On Government Lawyers
c. Motion to reopen or for new trial;
The SC or IBP will only take cognizance of the case if
d. Petition for relief from judgment;
allegations against the government lawyer also violates the
e. Supplemental pleadings;
Lawyer’s Oath or the CPRA
f. Motion for reconsideration of a judgment on the
merits, except a motion for reconsideration of an
_CANON VI SEC 7_ interlocutory order or resolution.
Disqualification of Investigating Commissioner
An Investigating Commissioner shall, on his or her own
SUBMISSIONS
initiative or upon motion, recuse from acting as such on
ALLOWED NOT ALLOWED
the grounds of relationship within the fourth degree of
All Verified For Dismissal
consanguinity or affinity with any of the parties or their
1. Complaint 1. Motion to dismiss the
counsel, professional legal relationship, pecuniary
2. Answer complaint or petition,
interest, or where he or she has acted as counsel for
3. Position Paper except on the ground of
either party, unless, in the last instance, the parties sign
lack of jurisdiction, litis
and enter upon the record their written consent.
Unverified Complaint pendentia or res judicata;
➥ Outright dismissal 2. Motion for a bill of
Where an Investigating Commissioner does not disqualify
particulars
himself or herself, a party may file the appropriate motion
Unverified Answer 3. Motion to reopen or for
for disqualification before the IBP Board of Governors.
➥ Not considered new trial;
The IBP Board of Governors shall resolve the motion
4. Petition for relief from
within five (5) calendar days from receipt thereof. Upon
Position Paper judgment;
vote of majority of the members present, there being a
➥ Not considered 5. Supplemental pleadings;
quorum, the IBP Board of Governors shall order the
6. Motion for reconsideration
disqualification and designate a replace of the
of a judgment on the
disqualified Investigating Commissioner. The decision of
merits, except a motion
the IBP Board of Governors on the disqualification shall
for reconsideration of an
be final.
interlocutory order or
resolution.
_CANON VI SEC 8_
Duties of the Investigating Commissioner _CANON VI SEC 11_
The Investigating Commissioner shall investigate a Lack of Prima Facie Showing of Liability; Outright
complaint against any member of the Integrated Bar, and Dismissal
thereafter submit a report embodying the recommended Within fifteen (15) calendar days from assignment by
action to the IBP Board of Governors, within a total period raffle, if the Investigating Commissioner finds no prima
not exceeding one hundred eighty (180) calendar days, facie showing of liability, the Investigating Commissioner
from assignment by raffle. shall recommend the outright dismissal of the complaint
to the Supreme Court. The Supreme Court may adopt the
recommendation and dismiss the complaint outright.
_CANON VI SEC 9_ Otherwise, the Supreme Court shall direct the
Submissions Allowed; Verification. Investigating Commissioner to conduct further
The only submissions allowed are the complaint, answer, proceedings
and position papers, all of which shall be verified.

A Certificate of Non-Forum Shopping shall accompany
the verified complaint.
An unverified complaint shall be recommended for
outright dismissal. An unverified answer or position paper
shall not be considered.
_CANON VI SEC 10_
Prohibited Submissions
The following submissions are prohibited:
a. Motion to dismiss the complaint or petition,
except on the ground of lack of jurisdiction, litis
pendentia or res judicata;
b. Motion for a bill of particulars;
There are a lot of disciplinary cases filed against lawyers as
the profession is adversarial in nature. Since lawyers
involve themselves in the mess of others, such instances
cannot be avoided.
This is why the Supreme Court is quick to dismiss baseless
cases aka when there is prima facie showing that there is no
liability against the lawyer.
Spouses Nocuenca v. Bensi
Atty Bensi was in possession of the subject property and
the spouses forced themselves inside the property hoping
that the property will be awarded to them. A physical
altercation ensued leading to the filing of the administrative
case. The SC found that the spouses failed to establish

36
through substantial evidence a cause for disciplinary action Steps when a case is filed against a lawyer
against Atty. Bensi; so the case was dismissed. 1. Issue Summons
Within 15 calendar days from assignment by raffle

_CANON VI SEC 12_

2. Verified Answer
Effect of Death of Lawyer on Administrative
Within 30 calendar days from receipt of the
Disciplinary Cases
summons
Disciplinary proceedings may not be instituted against a
a. Extension
lawyer who has died. If such proceedings have been
+ 15 days
instituted notwithstanding the lawyer's death, the
administrative case against said lawyer shall be
3. Investigating Commissioner
dismissed.
a. Recommend Dismissal (it can end here or)
b. Conduct Further Proceedings
The death of the lawyer during the pendency of the case
shall cause its dismissal.
4. Investigation
a. May proceed ex parte or even if no answer
Death of a Lawyer in an Admin Case Against Him on the subject lawyer’s end
Dismissed (malamang patay na nga eh) b. Even of the parties reconcile or even if the
charges are withdrawn, investigation will
Anglo v. Atty. Valencia et al. NOT be terminated
One of the respondents died during the pendency of the
case against him so the case in question was dismissed 5. Preliminary Conference Order
a. Within 10 calendar days of receipt of
Preliminary Conference Briefs, IC will
_CANON VI SEC 13_
issue a Preliminary Conference Order
Issuance of Summons
joining all the issues
Within fifteen (15) calendar days from assignment by
raffle, the Investigating Commissioner shall issue the
6. Position Papers
required summons, attaching thereto a copy of the
a. Within 10 calendar days (no extension) of
verified complaint and supporting documents, if any. The
receipt of the preliminary conference
summons shall require the respondent to file a verified
order, parties must submit their verified
answer.
position paper‘

7. Clarificatory
_CANON VI SEC 14_
a. Within 10 days of the receipt of the last
Verified Answer
position paper, IC shall determine whether
The answer shall be verified and filed within thirty (30)
or not a hearing is required
calendar days from receipt of the summons.

8. Hearing
The verified answer shall be accompanied by judicial
a. If found to be necessary, a hearing will be
affidavits of the witnesses and such other documents in
set within 15 calendar days from the
support thereof.
determination of the need for a hearing
b. Identify factual issues to be made subject
The respondent may, upon motion, for good cause, be
of the hearings
given one extension of fifteen (15) calendar days to file
c. IC may subpoena witnesses to answer
the verified answer. Two (2) copies of the verified answer
clarificatory questions
shall be filed with the Investigating Commissioner, with
d. IC may allow parties to question the
proof of service on the complainant or the latter's
witnesses
counsel.
e. If respondent does not appear, the hearing
shall be terminated within 30 calendar
days
_CANON VI SEC 15_
f. IC shall render a report and
Dismissal After Answer
recommendation to the IBP Board of
If the Investigating Commissioner finds that the complaint
Governors within 30 calendar days from
is not meritorious based on the verified answer, the
determination of the Hearing
Investigating Commissioner shall recommend to the
Supreme Court the dismissal of the complaint. Otherwise,
9. No Hearing
the Supreme Court shall direct the Investigating
a. IC shall render a report and
Commissioner to conduct further proceedings.
recommendation to the IBP Board of

37
 Governors within 60 calendar days (no
or appear, the investigation shall proceed ex parte. In
extension)
both instances, the investigation shall proceed with
dispatch.
10. IBP Board of Governors
a. Within 90 calendar days (no extension) of
The respondent shall be given full opportunity to defend
receipt of report and recommendation of
and be heard, whether through counsel or not, and to
the IC, the IBP BOG must submit to the
present witnesses.
SC its resolution
adopting/nullifying/disproving the report
The Investigating Commissioner shall have the power to
of the IC
issue subpoena and administer oaths and affirmations in
relation to the conduct of the proceedings.
11. If any substantial defect is found…
a. If there is a defect that might result in the
miscarriage of justice (answer, complaint,
_CANON VI SEC 19_
etc)
Indirect Contempt
i. May be raised to the SC
Willful failure or refusal to obey a subpoena or any other
b. UNLESS the defect results in the
lawful order issued by the Investigating Commissioner
deprivation of the right to due process
shall be dealt with as indirect contempt of court. The
i. Matter may be brought up to the
Investigating Commissioner shall require the alleged
IBP BOG by way of a Motion to
contemnor to show cause within ten (10) calendar days
Reopen within 60 calendar days
from notice. Upon receipt of the compliance or lapse of
from knowledge of such defect
the period to comply, the Investigating Commissioner may
c. During the pendency of the case,
conduct a hearing, if necessary, in accordance with the
preventive suspension may be made
procedure set forth under Canon VI, Section 22 for
against the respondent (meaning they
hearings before the Investigating Commissioner. Such
cannot practice law) to prevent the lawyer
hearing shall be terminated within fifteen (15) calendar
from tampering with evidence or doing
days from commencement. Thereafter, the Investigating
anything to jeoparrdize the investigation
Commissioner shall submit a report and recommendation
for 180 days or until it is lifted by the SC
to the IBP Board of Governors within a period of fifteen
(15) calendar days from termination of the contempt
12. Quantum of Proof: substantial evidence since its an
hearing.
administrative case
a. That amount of relevant evidence which a
Within thirty (30) calendar days from receipt of the
reasonable mind might accept as
Investigating Commissioner's report and recommendation
adequate to justify a conclusion
on the contempt charge, the IBP Board of Governors,
through a Resolution, may either adopt, modify or
_CANON VI SEC 16_ disapprove the recommendation of the Investigating
Irrelevance of Desistance, Settlement, Compromise, Commissioner. The action of the IBP Board of Governors
Restitution, Withdrawal, or Failure to Prosecute shall be immediately executory.
No investigation shall be interrupted or terminated by
reason of the desistance, settlement, compromise, The action of the IBP Board of Governors may be
restitution, withdrawal of the charges, or failure of the appealed to the Supreme Court. The execution of the
complainant to prosecute the same. order of contempt shall not be suspended, unless a bond
is filed by the person adjudged in contempt, in an amount
fixed by the IBP Board of Governors, conditioned upon
_CANON VI SEC 17_ compliance with and performance of the final action in
Counsel De Officio the contempt case, if decided against the contemnor.
The IBP Board of Governors shall appoint a suitable
member of the Integrated Bar as counsel de officio to
Contempt Charge is a Preservative Act
assist the complainant or the respondent during the
The nature of the punishment of contempt is preservative
investigation in case of need for such assistance.
and not vindictive. This must only be exercised in order to
retain the respect and integrity of the Court because,
without it, the administration of justice must falter.
_CANON VI SEC 18_
Investigation
REMEMBER
Upon joinder of issues or upon failure of the respondent
to answer, the Investigating Commissioner shall proceed Letting a lawyer get away with contempt will undermine
with the investigation of the case. However, if despite the integrity of the courts. So in order to preserve it, by way
reasonable notice, the respondent fails to file an answer of example, lawyers must be held liable for such acts of
contempt
38
Atty. Habawel v. Court of Tax Appeals
determine whether there is a need to conduct a hearing to
In his Motion for Reconsideration, Atty Habawel had
clarify factual issues and confront witnesses.
statements like "this Court lacked the understanding and
respect for the doctrine of "stare decisis" and that the court
If deemed necessary, the Investigating Commissioner
committed some form of gross ignorance of the law. The
shall set the hearing within fifteen (15) calendar days
Court asked him to show cause as to why he shouldn't be
from such determination, and identify the factual issues
cited for indirect contempt, but they claimed that they did
to be made subject of the hearing.
not fail to obey a subpoena or an order of the Court. Hence
the show cause order was not correct neither can they be
The Investigating Commissioner may subpoena any
charged for indirect contempt. Atty Habawel eventually
witness to appear at the hearing to answer clarificatory
stated that they should not be held in contempt of the court
questions. Thereafter, the Investigating Commissioner
because the words gross ignorance were used in its legal
may allow the parties to confront the witnesses and
sense and not to malign the character of the Court. The SC
propound their own clarificatory questions on the factual
stated that he was in direct contempt because the supposed
issues identified by the Investigating Commissioner.
apology was insincere, and even if the Court had made a
mistake, the way it should be raised must be with respect
The clarificatory hearing may be done in-person or
and with deference to the court. He was held in direct
through videoconferencing. If it is conducted in-person,
contempt.
the clarificatory hearing shall be done at the most
convenient venue for the parties.
_CANON VI SEC 20_
Submission of Preliminary Conference Briefs The clarificatory hearing shall be terminated within thirty
Immediately upon receipt of the verified answer, the (30) calendar days from its commencement.
Investigating Commissioner shall send a notice to the
parties and counsels to simultaneously file, within a
non-extendible period of ten (10) calendar days from _CANON VI SEC 24_
receipt of the notice, their respective preliminary Minutes of Proceedings
conference briefs which shall contain the following: The proceedings before the IBP shall be recorded.
a. Admissions;
b. Stipulation of facts;
Stemmerik v. Atty. Mas
c. Definition of issues;
Atty Mas ghosted his client after leading the Danish
d. Judicial affidavits and marked exhibits,
national to believe that he could acquire land in the
accompanied by the lawyer's certification that
Philippines. Several contracts to sell were executed and a
the attached documents are the genuine or
total of Php 3.8M was given by Stemmerik to pay for the
faithful reproductions of the original in his or her
said properties on top of the Php 400,000 lawyer’s fee.
custody or possession;
After the sale, he was unreachable and it was only when
e. Such other matters as may aid in the prompt
Stemmerik returned to the Ph did he find out that foreigners
disposition of the action.
cannot own real property in the Philippines. A complaint
was filed against Atty Mas to the IBP but he never filed his
answer nor position papers nor did he appear for the
_CANON VI SEC 21_
hearings. A criminal case was filed against Atty. Mas, he
Preliminary Conference Order; Position Papers
was asked to pay the money, and he was disbarred.
Within ten (10) calendar days from receipt of the
preliminary conference briefs, the Investigating
REMEMBER
Commissioner shall issue a Preliminary Conference Order,
on the basis of such briefs submitted by the parties and Can Atty Mas use the fact that he did not receive notice
counsels, summarizing the stipulated facts, issues and as a defense (lack of due process) if, say, it was served in
marked exhibits. his previous residence wherein he does not live anymore?
NO. Because he should have informed the IBP of his
The Investigating Commissioner shall further direct the change of address. A lawyer cannot claim the lack of due
parties to submit their verified position papers within a process when failure to receive notice was his own fault.
non-extendible period of ten (10) calendar days from
receipt of the preliminary conference order
_CANON VI SEC 25_
Issuance of Report and Recommendation by the
Investigating Commissioner
_CANON VI SEC 22_
If there is no clarificatory hearing, the Investigating
Clarificatory Hearing
Commissioner shall render a report and recommendation
Within ten (10) calendar days from receipt of the last
and submit the same to the IBP Board of Governors
position paper, the Investigating Commissioner shall
within a non-extendible period of sixty (60) calendar days

39
from receipt of the last position paper or lapse of the
period given.
In case the Investigating Commissioner sets a clarificatory
hearing, the report and recommendation shall be
rendered and submitted to the IBP Board of Governors
within a non-extendible period of thirty (30) calendar
days from the termination of the hearing.
The report and recommendation shall be accompanied by
the duly certified transcript of stenographic notes, or in
lieu thereof, the audio recording, if any, or the
Investigating Commissioner's personal notes duly signed,
which should be attached to the records, together with
the evidence presented during the investigation. The
submission of the report need not await the transcription
of the stenographic notes, it being sufficient that the
report reproduce substantially from the Investigating
Commissioner's personal notes any relevant and
pertinent testimonies.
If the hearing is conducted through videoconferencing,
the proceedings shall be recorded by the Investigating
Commissioner. It shall form part of the records of the
case, appending thereto relevant electronic documents
taken up or issued during the hearing.
_CANON VI SEC 26_
Submission of Resolution by the Board of Governors
The IBP Board of Governors shall have a non-extendible
period of ninety (90) calendar days from receipt of the
Report and Recommendation of the Investigating
Commissioner, within which to submit to the Supreme
Court its Resolution adopting, modifying or disapproving
such Report and Recommendation.
_CANON VI SEC 27_
Depositions
Depositions may be taken in accordance with the Rules of
Civil Procedure, as amended, with leave of the
Investigating Commissioner
_CANON VI SEC 28_
Filing and Service
The filing and the service of papers or notices required by
this Canon shall be made with the Commission, or upon
the parties personally, by registered mail, accredited
courier, electronic mail or other electronic means, or as
provided for in international conventions to which the
Philippines is a party.
For this purpose, the office address and the electronic
mail address supplied by the lawyer to the IBP shall be
the official addresses to which all notices, orders and
processes shall be served.
Proof of filing and service shall be submitted in
accordance with the Rules of Civil Procedure, as
amended.
_CANON VI SEC 29_
Substantial Defects; Motion to Reopen
Any substantial defect in the complaint, notice, answer, or
in the proceeding or the Investigating Commissioner's
Report which may result in the miscarriage of justice may
be raised as an error before the Supreme Court, unless
the defect results in the deprivation of the right to due
process. In case of the latter, the matter may be brought
before the IBP Board of Governors by way of a motion to
reopen within sixty (60) calendar days from knowledge.
_CANON VI SEC 30_
Proceedings Initiated Before the Supreme Court
In proceedings initiated by the Supreme Court, or
proceedings commenced by complaint filed with the
Supreme Court, the Supreme Court may refer the case for
investigation, report and recommendation to the Office of
the Bar Confidant, or the IBP, or other fact-finding body
that is designated or created by the Supreme Court for
such purpose.
Cases referred to the Office of the Bar Confidant, or other
fact-finding body, or the IBP shall proceed in the same
manner provided in Sections 5 to 29 of this Canon.
In any event, the report and recommendation on the
investigation shall be reviewed directly by the Supreme
Court, which shall take such necessary action on the
report and recommendation as may be warranted.
_CANON VI SEC 31_
Preventive Suspension
After receipt of respondent's answer or lapse of the
period therefor, the Supreme Court, on its own initiative,
or upon the recommendation of the IBP Board of
Governors, the Office of the Bar Confidant, or the
fact-finding body referred to in Section 30, may suspend
a lawyer from the practice of law during the pendency of
the investigation for a period not exceeding one hundred
eighty (180) calendar days or until such suspension is
lifted by the Supreme Court, in order to prevent
interference with or obstruction of the investigation,
tampering, concealment or destruction of evidence,
intimidating or exerting undue influence on any witness.
_CANON VI SEC 32_
Quantum and Burden of Proof
In administrative disciplinary cases, the complainant has
the burden of proof to establish with substantial evidence
the allegations against the respondent. Substantial
evidence is that amount of relevant evidence which a
40
 Quitazol v. Atty. Capela
reasonable mind might accept as adequate to justify a
[Facts here]
conclusion.
The lawyer never submitted an Answer nor appeared in the
conferences, so the IBP proceeded even without him. When
Quitazol died, he was substituted by his brother. The IBP
_CANON VI SEC 33_
recommended that Atty Capela be suspended and fined.
Serious Offenses
Only then did Atty Capela file an Omnibus Motion for
Serious offenses include:
Reconsideration as he was unaware of the case, claiming
a. Gross misconduct, or any inexcusable, shameful
that he was at a different address and was only apprised of
or flagrant unlawful conduct;
the complaint that time. Atty Capela also claims that
b. Serious dishonesty, fraud, or deceit, including
Quitazol’s brother filed an Affidavit of Withdrawal, but this
falsification of documents and making untruthful
did not affect the current proceedings because Rule 139 Sec
statements;
5 (b) states that such proceedings will not be affected by
c. Bribery or corruption;
withdrawal as the main complainant now is the SC and IBP
d. Gross negligence in the performance of duty, or
is the concerned party. They're tasked to find out if the
conduct that is reckless and inexcusable, which
lawyer charged with the offense is still ethically and morally
results in the client being deprived of his or her
fit to be a member of the IBP. Atty Capela was suspended,
day in court;
fined, and warned.
e. Conviction of a crime involving moral turpitude;
f. Grossly immoral conduct, or an act that is so
corrupt or false as to constitute a criminal act, or REMEMBER

so immoral as to be reprehensible to a high Negligence

degree; The negligence of the lawyer, especially when
g. Misappropriating a client's funds or properties; compounded with the negligence towards the IBP, will be
h. Gross ignorance of the law or procedure, or the considered a serious offense.
disregard of basic rules and settled
jurisprudence, when either is attended by bad
_CANON VI SEC 34_
faith, malice, or corrupt motive;
Less Serious Offenses
i. Grossly undignified conduct prejudicial to the
Less serious offenses include:
administration of justice;
a. Simple misconduct, or such misconduct without
j. Sexual abuse;
the manifest elements of corruption, clear intent
k. Gender-based sexual harassment or
to violate the law or flagrant disregard of
discrimination;
established rules;
l. Open defiance to any order of the court, tribunal,
b. Simple negligence in the performance of duty, or
or other government agency;
such negligence which does not result in
m. Threat of physical or economic harm, amounting
depriving the client of his or her day in court;
to a crime, directed at a fellow lawyer, the
c. Violation of Supreme Court rules and issuances
latter's client or principal, a witness, or any
in relation to Bar Matters and administrative
official or employee of a court, tribunal, or other
disciplinary proceedings, including willful and
government agency;
deliberate disobedience of the orders of the
n. Willful and deliberate forum shopping, and
Supreme Court and the IBP;
forum shopping through gross negligence;
d. Simple dishonesty;
o. Intentional violation of the rule on privileged
e. Other violations of the conflict of interest rules;
communication;
f. Prohibited borrowing of money from a client;
p. Violation of the notarial rules, except reportorial
g. Prohibited lending of money;
requirements, when attended by bad faith
h. Other unlawful threats;
q. Intentional violation of the conflict of interest
i. nstituting frivolous or baseless actions, on the
rules
basis of a final decision or order dismissing such
r. Influence-peddling or using one's relationships
action for being frivolous or baseless;
to obtain a favorable action on, or outcome in,
j. Violation of the sub judice rule;
any pending matter or proceeding, directly or
k. Deliberate failure or refusal to pay just debts;
indirectly, with or without monetary
l. Termination of legal services absent good cause
consideration, from any officer of a court,
and written notice;
tribunal or other government agency;
m. Use of intemperate or offensive language before
s. Unlawful discrimination under Canon V; and
any court, tribunal, or other government agency;
t. Sale, distribution, possession and/or use of
n. Unjustifiable failure or refusal to render an
illegal drugs or substances.
accounting of the funds or properties of a client;
o. Unauthorized division of fees with a non-lawyer;
and
p. Other violations of reportorial requirements.

41
 _CANON VI SEC 37_
Atty. Manzano v. Atty. Cruz-Angeles and Atty Maginhawa
Sanctions
Atty. Manzano filed a case against Atty Cruz-Angeles for
a. If the respondent is found guilty of a serious
using grossly abusive, offensive, and improper language
offense, any of the following sanctions, or a
(INC patsy, Eduardo Manalo’s Pawn, plaintiff is a liar, etc).
combination thereof, shall be imposed:
Using such language in pleadings was found to be in
i. Disbarment;
violation of the CPRA, and the SC also emphasized that it is
ii. Suspension from the practice of law for
important for lawyers to maintain dignity and respect in the
a period exceeding six (6) months;
language they use, even in adversarial proceedings such as
iii. Revocation of notarial commission and
the case at bar. Atty Cruz-Angeles was suspended, and Atty
disqualification as notary public for not
Maginhawa was reprimanded.
less than two (2) years; or
iv. A fine exceeding P100,000.00.
REMEMBER
b. If the respondent is found guilty of a less serious
Spur-of-the-moment Expressions offense, any of the following sanctions, or a
The SC considers context and intent when deciding combination thereof, shall be imposed:
whether or not to discipline you. In cases of pleadings or i. Suspension from the practice of law for
written answers or replies, it is almost always a cause for a period within the range of one (1)
sanction as it is premeditated. What you say is as important month to six (6) months, or revocation
as how you say it. Truth is not a defense. of notarial commission and
disqualification as notary public for less
than two (2) years;
_CANON VI SEC 35_
ii. A fine within the range of P35,000.00
Light Offenses
to P100,000.00.
Light offenses include:
c. If the respondent is found guilty of a light
a. Violation of IBP rules and issuances governing
offense, any of the following sanctions shall be
membership in the IBP;
imposed:
b. Use of vulgar or offensive language in personal
i. A fine within the range of P1,000.00 to
dealings;
P35,000.00;
c. Fraternizing with the officials or employees of a
ii. Censure; or
court, tribunal, or other government agency
iii. Reprimand
where the respondent has a pending case or
In addition to the above
cases, to such a degree and frequency as would
sanctions in paragraph (c), the
give the appearance of power or influence over
respondent may also be
them, or which tends to create an impression of
required to do community
impropriety;
service or service in the IBP
d. Filing of frivolous motions for inhibition;
legal aid program.
e. Failure to promptly call upon client to rectify a
fraudulent act; or
In all instances, when the offense involves money or
f. Other similar or analogous infractions of the
property owed, which is intrinsically linked to the
CPRA.
lawyer-client relationship, the respondent shall be
ordered to return the same.
Fraternizing
If a lawyer is found to be fraternizing with a judge, both the
Almario v. Atty. Llera-Agno
lawyer and the judge will be punished by the IBP as it will
A Complaint for Judicial Partition with Delivery of Certificate
give rise to an appearance of impropriety, influence or favor
of Title was filed by Almario against some people regarding
a parcel of land. Atty. Llera-Agno notarized and
_CANON VI SEC 36_ acknowledged a SPA. The complainants stated that it was
Assisting in the Commission of an Offense falsified as there was no way it could have been executed as
Any lawyer who shall knowingly assist another lawyer in the signatory was in another country and that such SPA was
the commission of any serious, less serious, or light used to perpetrate fraud and this led to the filing of a
offense punished by the CPRA may also be held liable. criminal case. Because of this, Atty. Llera-Agno was found
to be in violation of the CPRA for notarizing the SPA despite
knowing that Mallari never appeared before her. The SC
Conspiracy
found that the document was indeed notarized despite the
This talks about when lawyers conspire with each other to
absence of the lawyer. Atty. Llera-Agno was suspended as
commit an offense. If such an act is a serious, less serious, or
a notary public and a lawyer.
light offense, they will be held liable.

42
 REMEMBER
Falsified Notarized Document
If a client uses a falsely notarized document in court,
responsibility and liability falls upon the notarizing lawyer.
prescribed under this Rule. The Supreme Court may, in its
discretion, impose the penalty of disbarment depending
on the number and gravity of the aggravating
circumstances.

Responsibilities of a Notary Public If one (1) or more mitigating circumstances and no

A notary public must follow all the pertinent rules and be aggravating circumstances are present, the Supreme
meticulous in following them lest they violate the notarial Court may impose the penalties of suspension or fine for
law. a period or amount not less than half of the minimum
prescribed under the CPRA.
_CANON VI SEC 38_
If there are both aggravating and mitigating
Modifying Circumstances
circumstances present, the Supreme Court may offset
In determining the appropriate penalty to be imposed, the
each other.
Court may, in its discretion, appreciate the following
mitigating and aggravating circumstances:
a. Mitigating circumstances:
_CANON VI SEC 40_
i. First offense, except in charges of gross
Penalty for Multiple Offenses
misconduct, bribery or corruption,
If the respondent is found liable for more than one (1)
grossly immoral conduct,
offense arising from separate acts or omissions in a single
misappropriating a client's funds or
administrative proceeding, the Court shall impose
properties, sexual abuse, and sale,
separate penalties for each offense. Should the aggregate
distribution, possession and/or use of
of the imposed penalties exceed five (5) years of
illegal drugs or substances;
suspension from the practice of law or P1,000,000.00 in
ii. Absence of bad faith or malice;
fines, the respondent may, in the discretion of the
iii. Return of the amounts owed;
Supreme Court, be meted with the penalty of disbarment.
iv. Expression of remorse;
v. Reconciliation with the complainant;
If a single act or omission gives rise to more than one (1)
vi. Rectification of wrongdoing;
offense, the respondent shall still be found liable for all
vii. Act or omission did not prejudice the
such offenses, but shall, nonetheless, only be meted with
client;
the appropriate penalty for the most serious offense.
viii. Age;
ix. Number of years in the practice of law;
x. Humanitarian considerations; and
_CANON VI SEC 41_
xi. Other analogous circumstances.
Payment of Fines and Return of Client's Money and
Property
b. Aggravating Circumstances:
When the penalty imposed is a fine or the respondent is
i. Finding of previous administrative
ordered to return the client's money or property, the
liability where a penalty is imposed,
respondent shall pay or return it within a period not
regardless of nature or gravity;
exceeding three (3) months from receipt of the decision or
ii. Age;
resolution. If unpaid or unreturned, the Court may cite the
iii. Number of years in the practice of law;
respondent in indirect contempt.
iv. Employment of fraudulent means to
conceal the offense;
v. Respondent's act or omission was
_CANON VI SEC 42_
tainted with bad faith or malice, except
Penalty When the Respondent Has been Previously
when it is an element of the offense;
Disbarred.
vi. Lack of remorse;
When the respondent has been previously disbarred and
vii. Failure to comply with the orders of the
is subsequently found guilty of a new charge, the Court
Court and the IBP in relation to an
may impose a fine or order the disbarred lawyer to return
administrative case; and
the money or property to the client, when proper. If the
viii. Other analogous circumstances.
new charge deserves the penalty of a disbarment or
suspension from the practice of law, it shall not be
imposed but the penalty shall be recorded in the personal
_CANON VI SEC 39_
file of the disbarred lawyer in the Office of the Bar
Manner of Imposition
Confidant or other office designated for the purpose. In
If one (1) or more aggravating circumstances and no
the event that the disbarred lawyer applies for judicial
mitigating circumstances are present, the Supreme Court
clemency, the penalty so recorded shall be considered in
may impose the penalties of suspension or fine for a
the resolution of the same.
period or amount not exceeding double of the maximum

43

_CANON VI SEC 43_
Immediately Executory; Furnished Copies
The decision or resolution pronouncing the respondent's
administrative liability is immediately executory. The
copies of the decision or resolution shall be furnished to
the Office of the Bar Confidant, the IBP National Office
and local chapter to which the respondent belongs, and
the Office of the Court Administrator for circulation to all
the courts.
The Court’s Decision
Once the Court decides on the liability of the erring lawyer,
it will not hesitate to impose the penalty
Imposing the Correct Penalty
When 2 lawyers commit the same act, it is possible that
they receive 2 different penalties especially if there is
repetition or if the court identifies a particular pattern in
their behavior.
Reyes v. Atty. Rivera
Reyes sought the assistance of Atty Rivera for the
dissolution of his marriage for Php 150,000. Atty Rivera
asked for about Php 30,000 more for different fees. The
lawyer presented a fake decision ruling in favor of Reyes
and asked for more money despite not actually filing the
case. Reyes withheld the payment and filed a case against
Atty Rivera but the latter argued that it was his former
driver who assured him that the Petition had already been
filed before the RTC and that he never accepted any money.
Atty Rivera was found to be in violation of the CPRA so he
was disbarred.
Professional Services, Inc. v. Atty. Rivera
This case was still pending after he was disbarred in the
previous case. Atty Rivera was appointed the head of legal
services and pretended that there were multiple collection
cases filed against Professional Services, Inc. even though
there were none. He went as far as creating fake receipts to
hide his fraudulent dealings by forging the signatures of his
superiors. The VP found it curious that he was asking for a
lot of cash advancements. A case was then filed against
Atty Rivera and he admitted all the allegations against him
and even found rubber stamps used by Courts. Atty Rivera
was disbarred for defrauding and deceiving his clients and
fined due to the repetition of his acts as evidenced in the
previous case.
REMEMBER
Twice Disbarred
It is material that he was disbarred twice as the Court may
no longer reinstate you if you apply for reinstatement after
being disbarred the first time.
_CANON VI SEC 44_
Confidentiality
Proceedings against lawyers shall be confidential.
However, the final order of the Supreme Court shall be
published like its decisions in other cases.
Confidentiality
The lawyer must not share the details of the case to others
while it is ongoing
Atty. Palad v. Atty. Patajo-Kapunan
Atty Palad filed a petition against Atty Patajo-Kapunan for
indirect contempt for making an inaccurate statement about
Atty Palad’s suspension from the practice of law (case
involving Hayden Kho) which was still pending in a radio
show. Atty Patajo-Kapunan stated she did not maliciously
reveal Atty Palad’s suspension because, in the interview,
she mentioned that the former was suspended for a year. In
her defense, she stated she never identified Atty Palad in
the interview and neither did she have anything against Atty
Palad and even tried to convince her client not to file a case.
Also, she believed that the suspension was already
confirmed as she saw it in Pilipino Star Ngayon.
The SC stated that
1. There was no malice nor reckless disregard for the
truth
2. No name was mentioned
3. Atty Patajo-Kapunan was discussing a matter of
public interest (it was a sensational case as it
involved celebrities)
4. Errors and inaccuracies in her statements may be
excused as long as she believed that such
information was true
Taking into consideration all of this, the case was dismissed.
REMEMBER
Malice
So long as your utterance is not malicious, you can be
absolved from liability under this canon
Sensational Cases
These cases cause lawyers to gain popularity but it’s also
to their detriment as the lawyer may lose their privacy. In
such situations, lawyers cannot hide behind confidentiality
nor claim a violation of privacy.
_CANON VI SEC 45_
Sworn Statement After Service of Suspension
Upon the expiration of the period of suspension from the
practice of law, the lawyer shall file a Sworn Statement
with the Supreme Court, through the Office of the Bar
Confidant, to show that the petitioner, during the period
of suspension:
a. has not appeared before any court, tribunal or
other government agency, whether in respect of
current, former or prospective clients;
b. has not signed or filed any pleading or other
court submission;
44
 c. has duly informed his or her clients, law firm,
law school where the lawyer is teaching, legal
clinic, or other legal service organization of
which he or she is a member, regarding the
suspension; and
d. has not otherwise performed any act, directly or
indirectly, that amounts to the practice of law.
However, any false statement in the Sworn Statement
shall be a ground for a complaint for disbarment.
Within five (5) days from the filing of the Sworn
Statement and the Office of the Bar Confidant determines
that there is a false statement stated therein, it shall refer
the same to the Court for its immediate action.

The Sworn Statement shall state the date of the lawyer's

receipt of the order, decision or resolution imposing the
penalty of suspension, as well as a list of the lawyer's
engagements affected by the suspension, indicating the
relevant court, tribunal or other government agency, if
any.
_CANON VI SEC 47_
Reinstatement in the Roll of Attorneys
A lawyer who has been disbarred may file a verified
petition for judicial clemency after five (5) years from the
receipt of the order, decision, or resolution of disbarment.

Copies of the Sworn Statement shall be furnished to the

Why 5 years
Local Chapter of the IBP, to the Executive Judge of the
5-year requirement is a reasonable estimation by the Court
courts where the suspended lawyer has pending cases
of the minimum period necessary for the reflection ofthe
handled by him or her, and/or where he or she has
lawyer’s past transgressions for which he or she was meted
appeared as counsel.
the ultimate penalty of disbarment.

New Guidelines to Lift Suspension

_CANON VI SEC 48_
1. Decision/order
Petition for Judicial Clemency
2. Immediate execution upon receipt
The verified petition for judicial clemency shall allege the
3. Copies of order furnished to Office of the Bar
following:
Confidant, IBP, OCA
a. that the verified petition was filed after five (5)
4. Sworn Statement – SC through Office of the Bar
years from the receipt of the order, decision, or
Confidant
resolution of disbarment;
a. The lawyer has refrained from appearing
b. that the disbarred lawyer has fully complied
before any court, tribunal, or government
with the terms and conditions of all prior
agency on behalf of current, former, or
disciplinary orders, including orders for
potential clients.
restitution;
b. The lawyer has not signed or submitted
c. that he or she recognizes the wrongfulness and
any pleading or other court document
seriousness of the misconduct for which he or
during the suspension period.
she was disbarred by showing positive acts
Furthermore, the lawyer has informed
evidencing reformation;
relevant parties such as clients, law firms,
d. that he or she has reconciled, or attempted in
law schools, or legal service organizations
good faith to reconcile, with the wronged private
about the suspension.
offended party in the disbarment case, or if the
c. The lawyer has abstained from any
same is not possible, an explanation as to why
activity that could be considered the
such attempt at reconciliation could not be
practice of law, either directly or indirectly,
made. Where there is no private offended party,
during the suspension period.
the plea for clemency must contain a public
5. Copies furnished to
apology; and
a. IBP
e. notwithstanding the conduct for which the
b. Judges where the suspended lawyer has
disbarred lawyer was disciplined, he or she has
pending cases
the requisite good moral character and
c. Where they appeared as counsel
competence.
Any of the following allegations may also be made in
_CANON VI SEC 46_ support of the petition:
Resumption of Practice of Law a. that he or she still has productive years that can
The Sworn Statement shall be considered as proof of the be put to good use if given a chance; or
suspended lawyer's compliance with the order of b. there is a showing of promise (such as
suspension. Such lawyer shall be allowed to resume the intellectual aptitude, learning or legal acumen or
practice of law upon the filing of the Sworn Statement contribution to legal scholarship and the
before the Supreme Court. development of the legal system or
administrative and other relevant skills), as well
as potential for public service.

45
Petition: What must be alleged
1. The verified petition was filed after 5 years from
the receipt of the order, decision, or resolution of
disbarment.
2. The disbarred lawyer has
a. Fully complied with the terms and
conditions of all prior disciplinary orders,
including those related to restitution.
b. Recognizes the wrongfulness and
seriousness of the misconduct leading to
disbarment
c. Shown positive acts evidencing
reformation.
3. The lawyer has either reconciled or made a
good-faith attempt to reconcile with the wronged
private offended party in the disbarment case.
a. If not possible, the petition should include
an explanation as to why
b. If no private offended party, a public
apology must be included
4. Disbarred lawyer asserts that they currently
possess the necessary good moral character and
competence required for legal practice
Rules For Judicial Clemency
Proof of REMORSE, REFORMATION and RESTORATION
(if possible)
Reformation and Remorse
The admittance and acceptance of wrongdoing and a
showing of one’s willingness to change (Testimony of
credible sources must be included)
_CANON VI SEC 49_
Action on the Petition for Judicial Clemency; Prima
Facie Merit
Upon receipt of the petition, the Supreme Court shall
conduct a preliminary evaluation and determine if the
same has prima facie merit based on the criteria.
If the petition has prima facie merit, the Supreme Court
shall refer the petition to the Office of the Bar Confidant
or any fact-finding body the Court so designates for
investigation, report and recommendation.
If the petition fails to show any prima facie merit, it shall
be denied outright.
_CANON VI SEC 50_
Investigation by the Office of the Bar Confidant or
Other Fact-Finding Body
The Office of the Bar Confidant or any other factfinding
body designated shall conduct and terminate the
investigation and submit to the Supreme Court its report
and recommendation within ninety (90) calendar days
from receipt of the referral.
_CANON VI SEC 51_
Decision on the Petition for Judicial Clemency;
Quantum of Evidence
The Supreme Court shall decide the petition on the basis
of clear and convincing evidence.
Guidelines In Resolving Requests For Judicial Clemency
1. There must be proof of remorse and reformation
2. Sufficient time has lapsed from the imposition of
the penalty to ensure a period of reform;
3. The age of the person asking for clemency must
show that he still has productive years ahead of
him that can be put to good use
4. There must be a promise as well as potential for
public service
5. There must be other relevant factors and
circumstances to justify clemency.
_CANON VI SEC 52_
Prohibition Against Employment of Disbarred or
Suspended Lawyer
A lawyer who has been disbarred or suspended shall not
be employed or engaged in the practice of law, including
the performance of the following acts:
a. Providing legal consultation or advice;
b. Appearing on behalf of a client in any hearing or
proceeding before any court, tribunal, or other
government agency or office;
c. Appearing as a representative of a client at a
deposition or other discovery matter;
d. Negotiating or transacting any legal matter for
or on behalf of a client with third parties;
e. Receiving, disbursing, or otherwise handling a
client's funds;
f. Teaching law subjects in any educational
institution; or
g. Acting and being commissioned as a Notary
Public.
A suspended lawyer shall immediately cease and desist
from the practice of law until the suspension is lifted by
the Supreme Court.
Any client previously represented by a suspended lawyer
may engage the services of a new lawyer.
The disbarment or suspension of a handling lawyer shall
not terminate the lawyer-client engagement between the
client and the law firm, unless the client chooses
otherwise.
_CANON VI SEC 53_
Costs
All reasonable and necessary expenses incurred in
relation to disciplinary and disbarment proceedings are
lawful charges for which the parties may be taxed as
costs, subject to proof.
46
 JUDICIAL ETHICS Who can be a member of the judiciary?

Lower Courts Supreme Court

WHEREAS, at the Round Table Meeting of Chief Justices
held at the Peace Palace. The Hague, on 25–26 A person of proven competence, integrity, probity, and
November 2002, at which the Philippine Supreme Court independence
was represented by the Chief Justice and Associate
Justice Reynato S. Puno, the Bangalore Draft of the Code Natural-born citizen of the Philippines
of Judicial Conduct adopted by the Judicial Group on
Strengthening Judicial Integrity was deliberated upon and RTC Judge At least 40 y/o
approved after incorporating therein several 1. Natural born Ph
amendments; citizen Must have been for 15
2. At least 35 y/o years or more a judge of a
WHEREAS, the Bangalore Draft, as amended, is intended 3. Engaged in the lower court or engaged in
to be the Universal Declaration of Judicial Standards practice of law for the practice of law in the
applicable in all judiciaries; 10 years in the Ph Philippines
or
WHEREAS, the Bangalore Draft is founded upon a 4. Held a public
universal recognition that a competent, independent and office in the Ph
impartial judiciary is essential if the courts are to fulfill requiring
their role in upholding constitutionalism and the rule of admission to the
law; that public confidence in the judicial system and in practice of law as
the moral authority and integrity of the judiciary is of an indispensable
utmost importance in a modem democratic society; and, requisite
that it is essential that judges, individually and
collectively, respect and honor judicial office as a public MTC, MeTC, MCTC Judge Members
trust and strive to enhance and maintain confidence in the 1. Natural born Ph 1 Chief Justice - head
judicial system; citizen 1 Senior Associate Justice
2. At least 30 y/o 13 Associate Justices
WHEREAS, the adoption of the universal declaration of 3. Engaged in the
standards for ethical conduct of judges embodied in the practice of law for En Banc
Bangalore Draft as revised at the Round Table 5 years in the Ph 15 Justices
Conference of Chief Justices at The Hague is imperative 4. Held a public 3 Divisions of 5 Justices
not only to update and correlate the Code of Judicial office in the Ph
Conduct and the Canons of Judicial Ethics adopted for the requiring
Philippines, but also to stress the Philippines' solidarity admission to the
with the universal clamor for a universal code of judicial practice of law as
ethics. an indispensable
requisite
NOW, THEREFORE, the Court hereby adopts thisNew
Code of Judicial Conduct for the Philippine Judiciary. “Proven”
A person who applies to become a judge must substantiate
DEFINITIONS his claim that they have the required credentials and
1. Court staff characteristics through their track record, a testimonial of
The personal staff of the judge including law clerks another person, no cases filed against them, etc.

2. Judge Sources of Judicial Ethics

Any person exercising judicial power, however 1989 - Code of Judicial Conduct
designated 2004 - New Code of Judicial Conduct

3. Judge's family New Code of Judicial Conduct

a. Spouse ● Promulgated on 27 April 2004
b. Son and daughter ● Effective on 1 June 2004
c. Son-in-law and daughter-in-law ● Basis of its adoption
d. any other relative by consanguinity or ○ Round Table Meeting of Chief Justices
affinity within the sixth civil degree, held at the Peace Palace
e. A person who is a companion or employee ○ The Hague
of the judge and who lives in the judge's ○ The Bangalore Draft
household.

47
Office of the Court Administrator v. Necessario
Fixers and facilitators were offering instant marriages for a
fee of Php 3000. After an undercover investigation, a
complaint was filed against Judge Necessario, Judge Acosta,
Judge Rosales, and Judge Tormis as it was found that out of
643 marriage certificates only 280 marriages were
solemnized in that court. The judges were found to have
violated Family Code laws and were found guilty of gross
ignorance of the law, gross neglect of duty, and gross
inefficiency. The judges were dismissed from service.
When can a judge’s mistakes be considered gross
ignorance of the law?
Judges can make mistakes and ignorance of the law is not
necessarily wrong as there are too many laws that it is
virtually impossible for a person to know all of those laws.
Gross Ignorance of the Law
If the law is so basic and elementary, one’s ignorance of it
is an indicator of one’s lack of integrity.
“A judge ceases to be an ordinary mortal”
There is a certain and higher expectation of a judge which
is not expected of lawyers or ordinary people. Failure to
meet this expectation can mean discipline and sanction.
REMEMBER
Judges are a cut above the rest in terms of knowledge as
well as their behavior
Office of Court Administrator v. Judge Tormis
After the case in OCA v Judge Necessario, disbarment
proceedings were initiated against Judge Tormis. The Office
of the Bar Confidant recommended the dismissal of the
proceedings due to the inefficiency of evidence in terms of
her standing as a member of the bar. Her actions were
found to have violated the ethical standards expected of a
lawyer and an officer of the court. Judge Tormis was
disbarred.
REMEMBER
The moment a lawyer becomes a judge, they carry the
responsibility of being both a lawyer AND a judge – they
cannot be disrobed of their responsibilities for either roles
“A lawyer who is an officer of the court should not permit
themselves to be an instrument of any violation of law”
A person’s action as a judge also reflects their character as a
lawyer. So if their actions constitute a violation of the CPRA
then the Courts will not hesitate to dismiss and disbar the
judge.
Sylvia Corpuz v. Ceferina Rivera
Rivera was a court stenographer who was in a
money-lending business (to help augment her salary) of
which Corpuz, Martinez Jr., and Judge Ferraris was a client.
Rivera was unable to give back the money with the
promised interest hence, the filing of this case. Rivera openly
admitted to the claims against her but also stated that Judge
Ferraris was a client and active participator in this business.
Rivera was found guilty of simple misconduct. Judge Ferraris
was admonished for tolerating this business venture during
office hours.
Other burdens of a Judge & Command Responsibility
Judges have judicial as well as administrative functions
over their own employees so much so that they will also be
held liable for infractions of the law made by their
employees as they are the administrators of their own court
Re: Verified Complaint against Associate Justice
Quijano-Padilla
Jurado and Aliling filed a land ownership complaint, leading
to a trial court decision that the CA later reversed. In its
decision penned by Justice Padilla, the CA affirmed
irregularities in reconstitution proceedings but ruled that the
Chai spouses were purchasers in good faith. Aliling filed an
administrative complaint against Justice Padilla, alleging
ignorance of the law and gross misconduct. The SC
dismissed the administrative complaint, stating that errors in
judicial functions are not subject to administrative action,
and emphasized the need to exhaust judicial remedies
before pursuing such complaints.
Sanctionable Error of Judgment
A disciplinary case may be filed against a judge when they
are found to have committed an error on the ground of:
1. Bad faith
2. Fraud
3. Malice
4. Gross ignorance
5. Corrupt purpose
6. Deliberate intent to do injustice on his or her part
In re Biraogo
There was an investigation on the unauthorized release of
the unpromulgated ponencia of Justice Reyes in the
consolidated cases of Limkaichong v. COMELEC (among
other cases) to determine who is responsible for the leakage
of a confidential internal document of the En Banc. Justice
Reyes was found to have been the one who caused the leak
to the media. His defense was that it was his staff who
should be held liable for the leak. He was held liable for
grave misconduct, fined, disqualified from holding any
government office or GOCCs, and directed to show cause
within 10 days why he should not face disciplinary action as
a member of the Bar.
Confidentiality
The highest extent of confidentiality is expected and
required of judges
In re Biraogo v. Limkaichong
5 years after the decision in the previous case, he submitted
a letter stating that he had a clear track record prior to the
case and, on this ground, he requested that the suspension
imposed on him be lifted for his peace of mind as he was
already 75 years old and he had no plans on assuming any
position in the government. The court granted his request
48
and his suspension in terms of practicing law and holding
governmental positions was lifted.

Compassionate Court
Clemency may be given when there is a showing of genuine
repentance. So long as there is a showing of regret,
reformation, and humility, the court will be merciful toward
the judge.

Aida R. Campos, et al. vs. Judge Campos

Judge Campos was guilty of perjury and simple misconduct
because there was a case against him involving a particular
piece of land which is the subject of litigation, and in order
to frustrate the ends of justice, he transferred the title in the
name of a minor (incapable of owning). Judge Campos was
fined for bad faith on his part.

Re: Verified complaint against Hon. Bueser

Complainants merely alleged the supposed unjust decision
but due to their inability to show proof for their claim, the
presumption of regularity comes into play and the
administrative complaint against the judge is dismissed.

Presumption of Regularity in the Performance of Judicial

Functions
In every action and decision a judge makes in his court, this
presumption is attached.

The burden of proof rests on the complainant

If any person contests this action in any way, that
complainant must overturn that presumption with evidence.
Failure to do so will not cause the judge to be disciplined
and sanctioned.

Antonio M. Lorenzana v. Judge Austria

Judge Austria failed to conduct the required hearing which
was a matter of basic due process. Moreover, the issue of
her posting racy photos on her Frienster account was found
to be conduct unbecoming of a judge as a much higher
standard is expected and imposed on judges.

Personal Restrictions and Public Scrutiny

Because of public scrutiny brought about by decisions made
as a judge, a judge must voluntarily submit themselves to
certain personal restrictions. As such, the judge cannot just
post anything on social media

49
 CANON I - INDEPENDENCE
_CANON I SEC 8_
Judicial independence is a prerequisite to the rule of law and
Judges shall exhibit and promote high standards of
a fundamental guarantee of a fair trial. A judge shall
judicial conduct in order to reinforce public confidence in
therefore uphold and exemplify judicial independence in
the judiciary, which is fundamental to the maintenance of
both its individual and institutional aspects.
judicial independence.

_CANON I SEC 1_
Judges shall exercise the judicial function independently
on the basis of their assessment of the facts and in
accordance with a conscientious understanding of the
law, free of any extraneous influence, inducement,
pressure, threat or interference, direct or indirect, from
any quarter or for any reason.

_CANON I SEC 2_
In performing judicial duties, Judges shall be independent
from judicial colleagues in respect of decisions which the
judge is obliged to make independently.

_CANON I SEC 3_
Judges shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another
court or administrative agency

_CANON I SEC 4_
Judges shall not allow family, social, or other
relationships to influence judicial conduct or judgment.
The prestige of judicial office shall not be used or lent to
advance the private interests of others, nor convey or
permit others to convey the impression that they are in a
special position to influence the judge.

_CANON I SEC 5_
Judges shall not only be free from inappropriate
connections with, and influence by, the executive and
legislative branches of government but must also appear
to be free therefrom to a reasonable observer

_CANON I SEC 6_
Judges shall be independent in relation to society in
general and in relation to the particular parties to a
dispute which he or she has to adjudicate.

_CANON I SEC 7_
Judges shall encourage and uphold safeguards for the
discharge of judicial duties in order to maintain and
enhance the institutional and operational independence
of the judiciary.

50
 CANON II - INTEGRITY
Integrity is essential not only to the proper discharge of the
judicial office but also to the personal demeanor of judges.
_CANON II SEC 1_
Judges shall ensure that not only is their conduct above
reproach, but that it is perceived to be so in the view of a
reasonable observer.
_CANON II SEC 2_
The behavior and conduct of judges must reaffirm the
people's faith in the integrity of the judiciary. Justice
musty not merely be done but must also be seen to be
done.
_CANON II SEC 3_
Judges should take or initiate appropriate disciplinary
measures against lawyers or court personnel for
unprofessional conduct of which the judge may have
become aware.
CANON III - IMPARTIALITY
Impartiality is essential to the proper discharge of the
judicial office. It applies not only to the decision itself but
also to the process by which the decision is made
_CANON III SEC 1_
Judges shall perform their judicial duties without favor,
bias or prejudice.
_CANON III SEC 2_
Judges shall ensure that his or her conduct, both in and
out of court, maintains and enhances the confidence of
the public, the legal profession, and litigants in the
impartiality of the judge and of the judiciary.
_CANON III SEC 4_
Judges shall not knowingly, while a proceeding is before,
or could come before, them make any comment that
might reasonably be expected to affect the outcome of
such proceeding or impair the manifest fairness of the
process. Nor shall judges make any comment in public or
otherwise that might affect the fair trial of any person or
issue.
_CANON III SEC 5_
Judges shall disqualify themselves from participating in
any proceedings in which they are unable to decide the
matter impartially or in which it may appear to a
reasonable observer that they are unable to decide the
matter impartially. Such proceedings include, but are not
limited to, instances where
a. The judge has actual bias or prejudice
concerning a party or personal knowledge of
disputed evidentiary facts concerning the
proceedings
b. The judge previously served as a lawyer or was
a material witness in the matter in controversy
c. The judge, or a member of his or her family, has
an economic interest in the outcome of the
matter in controversy
d. The judge served as executor, administrator,
guardian, trustee or lawyer in the case or matter
in controversy, or a former associate of the judge
served as counsel during their association, or the
judge or lawyer was a material witness therein;
e. The judge's ruling in a lower court is the subject
of review
f. The judge is related by consanguinity or affinity
to a party litigant within the sixth civil degree or
to counsel within the fourth civil degree
g. The judge knows that his or her spouse or child
has a financial interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in
controversy or in a party to the proceeding, or
51

any other interest that could be substantially
affected by the outcome of the proceedings;
_CANON III SEC 6_
A judge disqualified as stated above may, instead of
withdrawing from the proceeding, disclose on the records
the basis of disqualification. If, based on such disclosure,
the parties and lawyers, independently of the judge's
participation, all agree in writing that the reason for the
inhibition is immaterial or unsubstantial, the judge may
then participate in the proceeding. The agreement, signed
by all parties and lawyers, shall be incorporated in the
record of the proceedings.
CANON IV - PROPRIETY
Propriety and the appearance of propriety are essential to
the performance of all the activities of a judge.
_CANON IV SEC 1_
Judges shall avoid impropriety and the appearance of
impropriety in all of their activities.
_CANON IV SEC 2_
As a subject of constant public scrutiny, judges must
accept personal restrictions that might be viewed as
burdensome by the ordinary citizen and should do so
freely and willingly. In particular, judges conduct
themselves in a way that is consistent with the dignity of
the judicial office.
_CANON IV SEC 3_
Judges shall, in their personal relations with individual
members of the legal profession who practice regularly in
their court, avoid situations which might reasonably give
rise to the suspicion or appearance of favoritism or
partiality.
_CANON IV SEC 4_
Judges shall not participate in the determination of a case
in which any member of their family represents a litigant
or is associated in any manner with the case.
_CANON IV SEC 5_
Judges shall not allow the use of their residence by a
member of the legal profession to receive clients of the
latter or of other members of the legal profession.
_CANON IV SEC 6_
Judges, like any other citizen, are entitled to freedom of
expression, belief, association and assembly, but in
exercising such rights, they shall always conduct
themselves in such a manner as to preserve the dignity of
the judicial office and the impartiality and independence
of the judiciary.
_CANON IV SEC 7_
Judges shall inform themselves about their personal
fiduciary financial interests and shall make reasonable
efforts to be informed about the financial interests of
members of their family.
_CANON IV SEC 8_
Judges shall not use or lend the prestige of the judicial
office to advance their private interests, or those of a
member of their family or of anyone else, nor shall they
52
convey or permit others to convey the impression that reasonably be perceived as intended to influence the
anyone is in a special position improperly to influence judge in the performance of judicial duties or otherwise
them in the performance of judicial duties. give rise to an appearance of partiality.

_CANON IV SEC 9_
Confidential information acquired by judges in their
judicial capacity shall not be used or disclosed by for any
other purpose related to their judicial duties.

_CANON IV SEC 10_

Subject to the proper performance of judicial duties,
judges may:
a. Write, lecture, teach and participate in activities
concerning the law, the legal system, the
administration of justice or related matters
b. Appear at a public hearing before an official
body concerned with matters relating to the law,
the legal system, the administration of justice or
related matters
c. Engage in other activities if such activities do not
detract from the dignity of the judicial office or
otherwise interfere with the performance of
judicial duties

_CANON IV SEC 11_

Judges shall not practice law whilst the holder of judicial
office.

_CANON IV SEC 12_

Judges may form or join associations of judges or
participate in other organizations representing the
interests of judges.

_CANON IV SEC 13_

Judges and members of their families shall neither ask
for, nor accept, any gift, bequest, loan or favor in relation
to anything done or to be done or omitted to be done by
him or her in connection with the performance of judicial
duties.

_CANON IV SEC 14_

Judges shall not knowingly permit court staff or others
subject to their influence, direction or authority, to ask for,
or accept, any gift, bequest, loan or favor in relation to
anything done or to be done or omitted to be done in
connection with their duties or functions.

_CANON IV SEC 15_

Subject to law and to any legal requirements of public
disclosure, judges may receive a token gift, award or
benefit as appropriate to the occasion on which it is made
provided that such gift, award or benefit might not

53
 CANON V - EQUALITY
Ensuring equality of treatment to all before the courts is
essential to the due performance of the judicial office
_CANON V SEC 1_
Judges shall be aware of, and understand, diversity in
society and differences arising from various sources,
including but not limited to race, color, sex, religion,
national origin, caste, disability, age, marital status, sexual
orientation, social and economic status and other like
causes.
_CANON V SEC 2_
Judges shall not, in the performance of judicial duties, by
words or conduct, manifest bias or prejudice towards any
person or group on irrelevant grounds.
_CANON V SEC 3_
Judges shall carry out judicial duties with appropriate
consideration for all persons, such as the parties,
witnesses, lawyers, court staff and judicial colleagues,
without differentiation on any irrelevant ground,
immaterial to the proper performance of such duties.
_CANON V SEC 4_
Judges shall not knowingly permit court staff or others
subject to his or her influence, direction, or control to
differentiate between persons concerned, in a matter
before the judge on any irrelevant ground.
_CANON V SEC 5_
Judges shall require lawyers in proceedings before the
court to refrain from manifesting, by words or conduct,
bias or prejudice based on irrelevant grounds, except such
as are legally relevant to an issue in proceedings and may
be the subject of legitimate advocacy.
CANON VI - COMPETENCE AND DILIGENCE
Competence and diligence are prerequisites to the due
performance of judicial office.
_CANON VI SEC 1_
The judicial duties of a judge take precedence over all
other activities.
_CANON VI SEC 2_
Judges shall devote their professional activity to judicial
duties, which include not only the performance of judicial
functions and responsibilities in court and the making of
decisions but also other tasks relevant to the judicial
office or the court's operations.
_CANON VI SEC 3_
Judges shall take reasonable steps to maintain and
enhance their knowledge, skills and personal qualities
necessary for the proper performance of judicial duties,
taking advantage for this purpose of the training and
other facilities which should be made available, under
judicial control, to judges.
_CANON VI SEC 4_
Judges shall keep themselves informed about relevant
developments of international law, including international
conventions and other instruments establishing human
rights norms.
_CANON VI SEC 5_
Judges shall perform all judicial duties, including the
delivery of reserved decisions, efficiently, fairly and with
reasonable promptness.
_CANON VI SEC 6_
Judges shall maintain order and decorum in all
proceedings before the court and be patient, dignified and
courteous in relation to litigants, witnesses, lawyers and
others with whom the judge deals in an official capacity.
Judges shall require similar conduct of legal
representatives, court staff and others subject to their
influence, direction or control.
_CANON VI SEC 7_
Judges shall not engage in conduct incompatible with the
diligent discharge of judicial duties.
54
 THE LAWYER’S OATH
I (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
Importance of the New Lawyer’s Oath
Summarizes and encapsulates what being a good lawyer is
Oath
A public promise in front of everyone else.
Public oaths are public manifestations of what is important
to you. You put your name on the line and put a stake to it.
It is not an empty act but a public manifestation of your
commitment so it must not be taken lightly
Vicente Ching (BM 914)
Ching was not allowed to take the Lawyer’s Oath as he
never made an oath swearing allegiance to the Republic of
the Philippines.
“I”
A personal pronoun
● The choice to be a lawyer must be a personal one
● We cannot blame others for putting us through the
difficulty of law school but more importantly we
cannot blame them for when things go south
during our career
“(Your name)”
● There is more power and authority when Atty is
attached to your name
● Its the difference between a person who knows the
ethics and a lawyer who lives out the ethics
○ The latter knows what he can do and the
limits of what he can do
● Protect your name and leave a legacy of a good
name – do not do anything to tarnish your name
Solemnly swear
Making an oath
Promote the rule of law at all costs
An ordinary citizen is expected to uphold the law but a
lawyer is expected to uphold, abide by, and promote the
law. There is a higher expectation for lawyers.
Do not assist anyone in violating that law or any rule for
that matter
Conscientiously
Root word is conscience.
You must allow your conscience to dictate the way you will
apply the law.
Knowing the law is not enough — you have to let your
conscience guide you in all your decisions as a lawyer to
effectively render justice
Courageously
Courage is NOT the absence of fear. Courage is doing what’s
right despite one's fear.
Lawyering is challenging and frightening but despite the
fear we must do what is right
Republic v Southside Homeowners Association, Inc.
A group of generals of the AFP put up their houses on
public, inalienable land that cannot be taken for private use.
The Republic lost in the RTC and CA but Atty Cassanova
continued to persist. He feared yet he fought and put his life
on the line. He befriended the younger officers including
Trillanes and told them of the generals’ acts which led to
the Oakwood mutiny – publicizing now the illegal acts of the
generals. This led him to win the case.
Falsehood
Most lawyers would not want to do falsehood but
sometimes, out of necessity, lawyers can justify even the
most evil of acts
Judge Sitaca v Atty Palomares
Despite Atty Palmores’ vigorous disclaimer of any
participation in the procurement of the falsified bail bond
and release order, the combination of all the circumstances
on record is such as to produce the indubitable conclusion
that it was Atty Palmores who conceptualized, planned, and
implemented the falsified bail bond and release order for his
son's temporary release
The best of my ability
The SC does not expect perfection from lawyers – what
they expect is that we do lawyering to the best of our
abilities. If the SC finds that we have been negligent or
below your best ability, then you are subject to sanction.
I impose upon myself without mental reservation nor
purpose of evasion
The burden of discipline must be on your shoulders
So help me God
Lawyering is a high call and it is a standard we aim for. We
need God’s grace to live out our ethics.
55