CANON 21 - A LAWYER SHALL

PRESERVE THE CONFIDENCE

AND SECRETS OF HIS CLIENT
EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS
TERMINATED.
CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT
EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED.
Confidence – refers to information protected by the
attorney-client privilege. (Revised Rules of Court)

Secret – refers to other information gained in the

professional relationship that the client has regulated
to be held inviolate or the disclosure of which would
be embarrassing or would likely be
detrimental to the client
 CANON 21: PRIVILEGED
COMMUNICATION
Requisites:
1. There exists an attorney and client relationship or a kind
of consultancy relationship with a prospective client. That
is, legal advise is what is sought;
2. The communication was made by the client to the
lawyer in the course of the lawyer’s professional
employment; and
3. The communication must be intended to be
confidential.
 Uy Chico vs. Union Life Association Society, 29 Phil 163
Facts:
In 1897, petitioner’s father died. He continued the business still in the
name of his father after buying the share of his brother in the said
business. Petitioner filed a case seeking the recovery of the proceeds
of 2 insurance policies on stock of dry goods that was destroyed in a
fire. These policies were surrendered by the petitioner’s lawyer on
petitioners agreement to the administrator of his father’s estate, who
had compromised with the defendant for ½ of the face value of the
insurance that was paid to the court. He alleged that said policies
belong to him and that he was not bound by the compromised
agreement made by the administrator. The company introduced
evidence showing that the petitioner had agreed to the settlement of
the policies when his lawyer surrendered the same to the estate’s
administrator. Petitioner, on the witness stand had been asked if he had
any objection as to his lawyer testifying concerning the surrender of
the policies to which he negatively replied. Whereupon, the lawyer of
the petitioner formally withdraw the waiver given by the petitioner and
objected to the testimony on the ground of privileged communication.
Issue: Whether or not instruction of the client to be
delivered to a third person is considered privilege

Held:
No. It is evident that a communication made by a client to his
attorney for the express purpose of its being communicated to a
third person is essentially inconsistent with the confidential
relation. When the attorney has faithfully carried out his
instructions be delivering the communication to the third person
for whom it was intended and the latter acts upon it, it cannot, by
any reasoning whatever, be classified in a legal sense as a
privileged communication between the attorney and his client. It
is plain that such a communication, after reaching the party for
whom it was intended at least, is a communication between the
client and a third person, and that the attorney simply occupies
the role of intermediary or agent.
 Rule 21.01 - A lawyer shall not reveal the
confidences or secrets of his client except;
(a) When authorized by the client after
acquainting him of the consequences of the
disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to
defend himself, his employees or
associates or by judicial action.
A. RULE 130, RULES ON EVIDENCE
Sec. 24 Disqualification by reason of privileged
communication.
The following persons cannot testify as to matters learned
in confidence in the following cases: x x x (b) An attorney
cannot, without the consent of his client, be examined as to
any communication made by the client to him, or his advice
given thereon in the course of professional employment;
nor can an attorney’s secretary, stenographer, or clerk be
examined, without the consent of the client and his
employees, concerning any fact the knowledge
of which has been acquired in such capacity.
 CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND
SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED.

LAWYER AS WITNESS
Witness- human instrumentality through which the law and its ministers,
the judges and lawyers, endeavors to ascertain the truth and to
dispense justice to the contending parties.

A lawyer shall avoid testifying in behalf of his client.

Reason: The function of a witness is to tell the facts as he recalls them
in answer to questions.
The function of an advocate is that of a partisan.
It is difficult to distinguish between the zeal of an
advocate and the fairness and impartiality of a
disinterested witness.
Instances when a lawyer may NOT testify as a witness in a case
which he is handling for a client:

1. When such would adversely affect any lawful interest of the client
with respect to which confidence has been reposed on him;

2. Having accepted a retainer, he cannot be a witness against his

client;

3. He cannot serve conflicting interests;

4. When he is to violate the confidence of his client;

5. When as an attorney, he is to testify on the

theory of the case.
Instances when a lawyer may testify as a witness in a case which
he is handling for a client:

1. On formal matters, such as the mailing, authentication or custody of

an instrument and the like;

2. Acting as an expert on his fee;

3. Acting as an Arbitrator;

4. Deposition;
5. On substantial matters in cases where his testimony
is essential to the ends of justice, in which event he
must, during his testimony, entrust the trial of the case
to another counsel.
Rule 21.02 - A lawyer shall not,
to the disadvantage of his client,
use information acquired in the course of
employment,
nor shall he use the same to his own advantage
or that of a third person,
unless the client with full knowledge of the
circumstances consents thereto.
 Palacios v. Amora Jr. – AC No. 11504
• Facts: Complainant is the owner-developer of more or less 312 hectares of land
estate property located at Silang, Cavite. Said property was being developed into a
residential subdivision, community club house and two (2) eighteen[-]hole, world-
class championship golf courses (the "Riviera project"). In 1996, complainant entered
into purchase agreements with several investors in order to finance its Riviera
project. One of these investors was Philippine Golf Development and Equipment, Inc.
("Phil Golf"). Complainant retained the services of respondent of the Amora and
Associates Law Offices to represent and act as its legal counsel in connection with
the Riviera project.
• After complainant terminated respondent's services as its legal counsel,
respondent became Phil Golfs representative and assignee. Respondent began
pushing for the swapping of Phil Golfs properties with that of complainant.
Respondent sent swapping proposals to his former client, herein complainant, this
time in his capacity as Phil Golfs representative and assignee. These proposals were
rejected by complainant for being grossly disadvantageous to the latter. After
complainant's rejection of the said proposals, respondent filed a case against its
former client, herein complainant on behalf of a subsequent client (Phil Golf) before
the HLURB for alleged breach of contract.
• ISSUE: (1) WON Atty. Amora represented conflict of interest.
• (2) WON Atty. Amora used confidential information against his former client.
HELD: (1) Yes.There is conflict of interest when a lawyer represents
inconsistent interests of two or more opposing parties. The test to determine
when a conflict of interest is present is to ask "whether or not in behalf of one
client, it is the lawyer's duty to fight for an issue or claim, but it is his duty to
oppose it for the other client. In brief, if he argues for one client, this argument
will be opposed by him when he argues for the other client."

This rule covers not only cases in which confidential communications have
been confided, but also those in which no confidence has been bestowed or
will be used. In the instant case, despite the obvious conflict of interest between
complainant and Phil Golf, respondent nevertheless agreed to represent the
latter in business negotiations and worse, even caused the filing of a lawsuit
against his former client, herein complainant, using information the respondent
acquired from his former professional employment.

The requirement under Rule 15.03 is quite clear. A lawyer must secure the
written consent of all concerned parties after a full disclosure of the facts.
In Gonzales v. Cabucana, Jr., the Court ruled that a lawyer's failure to acquire
a written consent from both clients after a full disclosure of the facts would
subject him to disciplinary action:
The IBP-BOG found that respondent violated Rules 15.01, 15.03

.
(2) Yes, Atty. Amora violated canon 21, rules 21.01 and
21.02. Using confidential information which he secured
from complainant while he was the latter's counsel,
respondent accused his former client of several violations.
In the course of a lawyer-client relationship, the lawyer
learns all the facts connected with the client's case,
including its weak and strong points. Such knowledge must
be considered sacred and guarded with care.
No opportunity must be given to him to take advantage of
his client; for if the confidence is abused, the profession will
suffer by the loss thereof. It behooves lawyers not only to
keep inviolate the client's confidence, but also to avoid the
appearance of treachery and double-dealing for only then
can litigants be encouraged to entrust their secrets to their
lawyers, which is paramount in the administration of justice.
 RPC, Art. 209. Betrayal of Trust by an Attorney or
Solicitor. Revelation of secrets.
In addition to the proper administrative action, the
penalty of prision correccional in its minimum period,
or a fine ranging from P200 to P1000, or both, shall be
imposed upon any attorney at law or solicitor who, by
any malicious break of professional duty as
inexcusable negligence or ignorance, shall prejudice
his client, or reveal any of the secrets of the latter
learned by him in his professional capacity.
 CANON 21: PRIVILEGED
COMMUNICATION
Purposes:
• To encourage a client to make a full disclosure
of the facts of the case to his counsel without
fear;

• To allow the lawyer freedom to obtain full

information from his client.
Rule 21.03 - A lawyer shall not,
without the written consent of his client,
give information from his files to an outside
agency seeking such information
for auditing, statistical, bookkeeping, accounting,
data processing, or any similar purpose.
Rule 21.04 - A lawyer may disclose the affairs of a
client of the firm to partners or associates thereof
unless prohibited by the client.

Rule 21.05 - A lawyer shall adopt such measures

as may be required to prevent those whose
services are utilized by him, from disclosing or
using confidences or secrets of the clients.
Rule 21.06 - A lawyer shall avoid indiscreet
conversation about a client's affairs even with
members of his family.

Rule 21.07 - A lawyer shall not reveal that he has

been consulted about a particular case except to
avoid possible conflict of interest.
 CANON 21: PRIVILEGED
COMMUNICATION
Characteristics:
1. A-C privilege where legal advice is
professionally sought from an attorney.
2. The client must intend the above
communication to be confidential.
3. A-C privilege embraces all forms
of communication and action.
 CANON 21: PRIVILEGED
COMMUNICATION
Characteristics:
4. As general rule, A-C privilege also extends to
the attorney’s secretary, stenographer, clerk or
agent with reference to any fact required in such
capacity.
5. The above duty is perpetual and is
absolutely privileged from disclosure.
 CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED.
Exceptions to the Privilege
1. When there is consent or waiver of client.
2. When disclosure is required by law.
3. When disclosure is made to protect the lawyer’s rights
(i.e., to collect his fees or defend himself, his employees or
associates or by judicial action).
4. When such communications are made in
contemplation of a crime or the perpetuation
of a fraud
•