Legal Profession / Qualifications=

for the admission to the practice of law.

Qualifications – admission and post admission
1. Citizenship – must be Filipino citizen
2. Age- at least 21
3. Resident of the Philippines
4. Educational qualifications – secondary educ. Completed
Bachelor’s degree (UNITS IN ENGLISH= 18)
5. Philsat exams passing 45
6. Bachelor of Laws
8. Moral uprightness – no pending case involving moral turpitude.
9. Bar exam –passed
10. Oath / Signing of Attorney’s roll
B.M. No. 2540               September 24, 2013
IN RE: PETITION TO SIGN IN THE ROLL OF ATTORNEYS
MICHAEL A. MEDADO, Petitioner.

WHEREFORE, the instant Petition to Sign in the Roll of

Attorneys is hereby GRANTED. Petitioner Michael A. Medado
is ALLOWED to sign in the Roll of Attorneys ONE (1) YEAR
after receipt of this Resolution. Petitioner is likewise
ORDERED to pay a FINE of ₱32,000 for his unauthorized
practice of law. During the one year period, petitioner is NOT
ALLOWED to practice law, and is STERNLY WARNED that
doing any act that constitutes practice of law before he has
signed in the Roll of Attorneys will be dealt will be severely by
this Court.
After admission to the bar (must remain in good and regular
standing) requirements:

1. Member IBP
2. Regular pay IBP dues
3. Compliant – MCLE
4. 120 hours / year free legal service
5. Faithfully observe rules and ethics of the profession
6. Subject to judicial discipline and control.
Art. III Section 11. Free access to the courts and quasi-
judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty. (120 hours
pro-bono)
Bar examination:

75% passing grade (8 subjects with designated point)

1. Unlitake
2. 2004 – 5 strike rule
3. 2014 – buy 1 –take 1 (after 3)
Refreshers review class curriculum:

(the law school must be accredited by the LEB )

Constitutional law - 4
Civil Law 1 4
Civil Law 2 4
Criminal Law 4
Remedial Law 1 3
Remedial Law 2 3
Commercial Law Rev. 4
Taxation Law 2
Bar Exam:
1 Sunday Political and international law 15%
Labor Laws & social legislation 10%
2 Sunday Civil Law 15%
Taxation Law 10%
3 Sunday Mercantile Law 15%
Criminal Law 10%
4 Sunday Remedial Law 20%
Legal Ethics 5%

total 100%
Passing 75% unless adjusted by the SC sitting en banc
Coverage of Bar Examinations
(Syllabi of 2012 Bar Exams)
1. Political and International Law
a. Constitution
(1) General Considerations
(2) Legislative, Executive and Judiciary
(3) Constitutional Commissions
(4) Bill of Rights
(5) Citizenship
b. Law on Public Officers
c. Administrative Law
d. Election Law
e. Local Governments
f. National Economy and Patrimony
g. Social Justice and Human Rights
h. Academic Freedom
i. Public International Law
2. Labor and Social Legislation
a. Fundamental Principles and Policies
b. Recruitment and Placement
c. Labor Standards
d. Termination of Employment
e. Management Prerogative
f. Social Legislation
g. Labor Relation Law
h. Procedure and Jurisdiction
Civil Law
a. Effect and Application of Laws
b. Human Relations
c. Persons
d. Property
e. Prescription
f. Obligations
g. Contracts
h. Sales
i. Succession
j. Partnership
k. Agency
l. Compromise
m. Credit transactions
n. Lease
o. Land Titles and Deeds
p. Torts and Damages
 Taxation
a. General Principles of Taxation
b. National Internal Revenue Code (NIRC) of 1997,
as amended
c. Tariff and Customs Code
d. Republic Act No. 1125 Creating the Court of Tax
Appeals
e. Provisions of Local Government Code on
Taxation
Mercantile Law
a. Letters of Credit
b. Warehouse Receipts Law
c. Trust Receipts Law
d. Negotiable Instruments Law
e. Insurance Code
f. Transportation Law
g. Corporation Code
h. Securities Regulation Code (R.A. No. 8799)
i. Banking Laws
j. Intellectual Property Law
k. Special Laws
(1) Chattel Mortgage Law
(2) Real Estate Mortgage Law
(3) Truth in Lending Act
(4) Anti-Money laundering Law
(5) Foreign Investments Act
Criminal law
a. The Revised Penal Code
(Book I and II including related
special laws)
Remedial Law
a. The Rules of Court
b. The 1991 Rules on Summary Procedure
c. Katarungang Pambarangay
d. Rule of Procedure for Small Claim Cases
e. Rule of Procedure for Environmental
Cases
 Legal and Judicial Ethics & Practical Exercise
a. Legal ethics
b. Judicial Ethics
c. Code of Professional Responsibility
d. Legal Forms
In Re: Cunanan, 94 Phil 534 Facts: Congress enacted R.A. No. 972 “An Act to
Fix the Passing Marks for bar Examinations from 1946 up to and including
1955” or the Bar Flunkers Act. Section 2 of the said act provided that “A bar
candidate who obtained a grade of 75% in any subject shall be deemed to
have already passed that subject and the grades shall be included in the
computation of the general average in subsequent bar examinations.

Issue: Whether or not R.A. 972 is unconstitutional.

Held: YES. Portions stricken out were due to the following reasons: The law
itself admits that flunkers have inadequate preparation; The law is, in effect,
a judgment revoking the resolution of the court; The law is an
encroachment on the Court’s primary prerogative to determine who may be
admitted to practice law; The pretended classification is arbitrary and
amounts to class legislation.
 Benjamin Dacanay case - (RA 9225 Citizenship
retention and re-acquisition act 2003)
Section 14. The sustained development of a reservoir of
national talents consisting of Filipino scientists, entrepreneurs,
professionals, managers, high-level technical manpower and
skilled workers and craftsmen in all fields shall be promoted by
the State. The State shall encourage appropriate technology
and regulate its transfer for the national benefit. The practice of
all professions in the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law.
Requirement to reassume law practice:

Update IBP dues

PT payments
Complete 36 units MCLE
Retaking of the lawyer’s oath
The Supreme Court En Banc has recently approved the proposed amendments to Sections 5 and 6
of Rule 138 of the Rules of Court, allowing Filipino graduates of foreign law schools to take the
Philippine Bar, subject to certain conditions.

Section 5 of the Rule now provides that before being admitted to the examination, all applicants
for admission to the bar shall satisfactorily show that they have successfully completed all the
prescribed courses for the degree of Bachelor of Laws or its equivalent degree in a law school or
university officially recognized by the Philippine Government or by the proper authority in the
foreign jurisdiction where the degree has been granted.

Section 5 now also provides that a Filipino citizen “who graduated from a foreign law school shall
be admitted to the bar examination only upon submission to the Supreme Court of certifications
showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent
degree; (b) recognition or accreditation of the law school by the proper authority; and (c)
completion of all fourth year subjects in the Bachelor of Laws academic program in a law school
duly recognized by the Philippine Government.” (Bar matter 1153 e. Mendoza )
 Practice of Law = not a right but a privilege
AC 5859
In Maligsa v. Cabanting,[12]we explained that the bar should
maintain a high standard of legal proficiency as well as of honesty
and fair dealing. A lawyer brings honor to the legal profession by
faithfully performing his duties to society, to the bar, to the courts
and to his clients. To this end a member of the legal profession
should refrain from doing any act which might lessen in any
degree the confidence and trust reposed by the public in the
fidelity, honesty and integrity of the legal profession. An attorney
may be disbarred or suspended for any violation of his oath or of
his duties as an attorney and counselor, which include statutory
grounds enumerated in Section 27, Rule 138 of the Rules of Court.
What constitute practice of law?
G.R. No. 100113 September 3, 1991
RENATO CAYETANO, petitioner, 
vs.
CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION
ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his
capacity as Secretary of Budget and Management, respondents.
The 1987 Constitution provides in Section 1 (1), Article IX-C:

There shall be a Commission on Elections composed of a Chairman and six Commissioners

who shall be natural-born citizens of the Philippines and, at the time of their appointment,
at least thirty-five years of age, holders of a college degree, and must not have been
candidates for any elective position in the immediately preceding -elections. However, a
majority thereof, including the Chairman, shall be members of the Philippine Bar who
have been engaged in the practice of law for at least ten years.
MODERN CONCEPT Any activity, in and out of the court,
which requires the application of law, legal procedure,
knowledge, training and experience. To engage in the
practice of law is to perform those acts which are
characteristics of the profession. (Cayetano vs. Monsod,
201 SCRA 210)
CLASSICAL CONCEPT Carrying on the calling of an
attorney, usually for compensation, acting in a
representative capacity and rendering service to
another. (People vs. Villanueva, 14 SCRA 109)
In the dissenting opinion of Justice Padilla in the case of Cayetano vs.
Monsod (G.R. No. 100113, September 3, 1991),

the following criteria were enumerated:

1. Habituality Practice is more than isolated appearance, for it consists in

frequent or customary action, a succession of acts of the same kind, a
habitual exercise.
2. Compensation Practice of law

implies that one must have presented himself in the active

practice and that his professional services are available to the
public for compensation, as a source of his livelihood or in
consideration of his services.
3. Application of law Application of legal principle, practice,
or procedure which calls for legal knowledge, training and
experience is within the term “practice of law”.
4. Attorney-client- relationship

When a lawyer undertakes an activity which requires the

knowledge of law but involves no attorney-client relationship,
such as teaching law or writing law books or articles, he
cannot be said to be engaged in practice of his profession as a
lawyer
Refers to the whole body of attorneys and body of judges.

BAR
denotes the whole body of counselors, collectively the
members of the legal profession.

BENCH
any activity, in or out of court which requires the application of law,
legal procedure, knowledge, training and experience. To engage in
the practice of law is to give notice or render any kind of service,
which or devise or service requires the use in any degree of legal
knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).

Practice of Law
that class of persons who are licensed officers of the courts,
empowered to appear prosecute and defend and upon whom
peculiar duties, responsibilities, and liabilities are developed by
law as a consequence (Cui v. Cui, 120 Phil. 729).

Attorney-at-law/Counsel-at
law/Attorney/Counsel/Abogado/
Boceros
an agent whose authority is strictly limited by the instrument
appointing him, though he may do things not mentioned in
his appointment necessary to the performance of the duties
specifically required of him by the power of attorney
appointing him, such authority being necessarily implied. 
He is not necessarily a lawyer.

Attorney in fact 
 a counsel, appointed or assigned by the court, from among
members of the Bar in good standing who, by reason of
their experience and ability, may adequately defend the
accused.

Counsel de Oficio
a person named and appointed by the court to defend an
absentee defendant in the suit in which the appointment is
made (Bienvenu v. Factor’s of Traders Insurance Cp.,
33 La.Ann.209)

Attorney ad hoc
one who has filed a notice of appearance and who hence is
formally mentioned in court records as the official attorney
of the party. Person whom the client has named as his
agent upon whom service of papers may be made.
(Reynolds v. Reynolds, Cal.2d580).

Attorney of Record
 to distinguish them from attorneys of record, associate
attorneys are referred to as “of counsel” (5 Am. Jur. 261).

Of Counsel 
The counsel on their side of a litigated action who is
charged with the principal management and direction of a
party’s case.

Lead Counsel
 Lawyer who acts as attorney for business though carried
as an employee of that business and not as an independent
lawyer.

House Counsel
an association of members of the legal profession.

Bar Association
The general and popular name for a lawyer who pleads
on behalf of someone else

Advocate
(England) – a person entitled to practice law as an
advocate or counsel in superior court.

Barrister
 Formerly, an attorney in the admiralty and ecclesiastical
courts whose duties and business correspond to those of
an attorney at law or solicitor in Chancery.

Proctor (England)
 it means not mere possession of the academic degree of
Bachelor of Laws but membership in the Bar after due
admission thereto, qualifying one for the practice of law.

Titulo de Abogado
 any thing that  is done contrary to justice, honesty,
modesty or good morals.

Moral Turpitude
 that conduct which is willful, flagrant, or shameless and
which shows a moral indifference to the opinion of the good
and respectable members of the community (Arciga vs.
Maniwag, 106 SCRA 591).

Immoral Conduct
One that is so corrupt and false as to constitute a criminal
act or so unprincipled or disgraceful as to be reprehensible
to a high degree; it is a WILLFUL, FLAGRANT or
SHAMELESS ACT which shows a MORAL
INDIFFERENCE to the opinion of respectable members of
the community. (Narag vs. Narag, 1998)

Grossly Immoral Conduct

 is a Latin phrase meaning "for oneself" or "on
one's own behalf". This status is sometimes known
as propria persona (abbreviated to "pro per"). In
England and Wales the comparable status is that
of "litigant in person".

Pro se
is most commonly applied to an attorney who attempts
 to bring about a lawsuit that will be profitable to her or
 him.

barratry
is a professional slur which refers to a lawyer
soliciting for clients at a disaster site. 

Ambulance chasing
the lawyer agrees to accept a fixed percentage (often one
third) of the recovery, which is the amount finally paid to the
client. If you win the case, the lawyer's fee comes out of the
money awarded to you.

contingent fee
The court will invite a lawyer to help shed light
in the case – he is an expert on the field- friend
of court

Amicus Curae
  Lawyer stipulates with his client that in the prosecution of the
case, he will bear all the expenses for the recovery of things or
property being claimed by the client and the latter agrees to
pay the former a portion of the thing/property recovered as
compensation.

Champertous Contracts (void)a

–it means “as much as he deserves”, and is used as the basis
for determining the lawyer’s professional fees in the
absence of a contract, but recoverable by him from his
client.

Quantum Meruit
 CODE OF PROFESSIONAL
RESPONSIBILITY
(Promulgated June 21, 1988)
CHAPTER I. THE LAWYER AND SOCIETY

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS

OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or

deceitful conduct.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of
the law or at lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay any man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement.
A.C. No. 7136 August 1, 2007

JOSELANO GUEVARRA, complainant,

vs.
ATTY. JOSE EMMANUEL EALA, respondent.
WHEREFORE, the petition is GRANTED. Resolution No. XVII-2006-06 passed on January 28, 2006 by
the Board of Governors of the Integrated Bar of the Philippines is ANNULLED and SET ASIDE.

Respondent, Atty. Jose Emmanuel M. Eala, is DISBARRED for grossly immoral conduct, violation of his
oath of office, and violation of Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of Professional
Responsibility.

Let a copy of this Decision, which is immediately executory, be made part of the records of
respondent in the Office of the Bar Confidant, Supreme Court of the Philippines. And let copies of
the Decision be furnished the Integrated Bar of the Philippines and circulated to all courts.

This Decision takes effect immediately.

SO ORDERED.
My everdearest Irene,

By the time you open this, youll be moments away from walking down the aisle. I will say a prayer for you that you may
find meaning in what youre about to do.
Sometimes I wonder why we ever met. Is it only for me to find fleeting happiness but experience eternal pain? Is it only for
us to find a true love but then lose it again? Or is it because theres a bigger plan for the two of us?
I hope that you have experienced true happiness with me. I have done everything humanly possible to love you. And
today, as you make your vows . . . I make my own vow to YOU!

I will love you for the rest of my life. I loved you from the first time I laid eyes on you, to the time we spent together, up to
the final moments of your single life. But more importantly, I will love you until the life in me is gone and until we are
together again.

Do not worry about me! I will be happy for you. I have enough memories of us to last me a lifetime. Always remember
though that in my heart, in my mind and in my soul, YOU WILL ALWAYS

. . . AND THE WONDERFUL THINGS YOU DO!

BE MINE . . . . AND MINE ALONE, and I WILL ALWAYS BE YOURS AND YOURS ALONE!
I LOVE YOU FOREVER, I LOVE YOU FOR ALWAYS. AS LONG AS IM LIVING MY TWEETIE YOULL BE![2]

Eternally yours,
NOLI
A.C. No. 10207               July 21, 2015
RE: DECISION DATED 17 MARCH 2011 IN CRIMINAL CASE NO.
SB-28361 ENTITLED "PEOPLE OF THE PHILIPPINES VS.
JOSELITO C. BARROZO"
FORMER ASSISTANT PROSECUTOR JOSELITO C.
BARROZO, Respondent.

WHEREFORE, Atty. Joselito C. Barrozo is herby DISBARRED and his name is

ORDERED STRICKEN from the Roll of Attorneys. Let a copy of the Decision
be attached to his personal records and furnished the Office of the Bar
Confidant, Integrated Bar of the Philippines and the Office of the Court
Administrator for circulation to all courts in the country.

Violated Rule 1.01 an 1.02 direct bribery P20K Dagupan, Pangasinan

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN
EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to the extent
necessary to safeguard the latter's rights.

Rule 2.03 - A lawyer shall not do or permit to be done any act designed
primarily to solicit legal business.

Rule 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.
The basic fee is P500 per hour for “plain consultation.”
Research would cost P500 per hour.
A monthly retainership should start at P5,000.
The “acceptance fee” of a lawyer to defend a person accused in a criminal case starts
at P30,000 for the lowest level court such as the Municipal Trial Court in Cities.
Major crimes like murder and rape are tried in the Regional Trial Court (RTC). The
acceptance fee for a lawyer would start at P50,000.
In case a guilty verdict is appealed to a higher court, the lawyer’s acceptance fee is
P75,000 for the Court of Appeals, and for a case in the Supreme Court , P100,000.
This is separate from “appearance fees” billed each time a lawyer shows up in court for
a client’s hearing: P3,000 per hearing in the RTC or P1,000 per hour.
In the lower courts, a lawyer would ask for P1,500 or P800 per hour.
For a case heard before the Sandiganbayan or Court of Appeals, the fee is P5,000. A
lawyer who appears before the Supreme Court would expect to be paid at least
P10,000 per hearing or P2,000 per hour.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY
TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF
FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or claim
regarding his qualifications or legal services.
Rule 3.02 - 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 partner is permissible
provided that the firm indicates in all its communications that said partner is
deceased.
Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm
and his name shall be dropped from the firm name unless the law allows him to
practice law currently.
Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal business.
 A.C. No. 6672               September 4, 2009
PEDRO L. LINSANGAN, Complainant, 
vs.
ATTY. NICOMEDES TOLENTINO, Respondent.
NICOMEDES TOLENTINO
LAW OFFFICE
CONSULTANCY & MARITIME SERVICES
W/ FINANCIAL ASSISTANCE
Fe Marie L. Labiano
Paralegal

1st MIJI Mansion, 2nd Flr. Rm. M-01  Tel: 362-7820

6th Ave., cor M.H. Del Pilar Fax: (632) 362-7821 
Grace Park, Caloocan City Cel.: (0926) 2701719
 SERVICES OFFERED:
CONSULTATION AND ASSISTANCE
TO OVERSEAS SEAMEN
REPATRIATED DUE TO ACCIDENT,
INJURY, ILLNESS, SICKNESS, DEATH
AND INSURANCE BENEFIT CLAIMS
ABROAD.
Public Officials who cannot engage in the private practice of Law in the
Philippines:
1.Judges and other officials as employees of the Supreme Court (Rule 148,
Sec. 35, RRC).
2.Officials and employees of the OSG (Ibid.)
3.Government prosecutors (People v. Villanueva, 14 SCRA 109).
4.President, Vice-President, members of the cabinet, their deputies and
assistants (Art. VIII Sec. 15, 1987 Constitution).
5.Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987
Constitution)
6.Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
7.All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8.Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
1.      No Senator or member of the House of Representative may personally appear as counsel
before any court of justice as before the Electoral Tribunals, as quasi-judicial and other
administration bodies (Art. VI, Sec. 14, 1987 Constitution).
2.Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may practice their
professions provided that if they are members of the Bar, they shall not:
1. appear as counsel before any court in any civil case wherein a local government unit or
any office, agency, or instrumentality of the government is the adverse party;
2. appear as counsel in any criminal case wherein an officer or employee of the national or
local government is accused of an offense committed in relation to his office;
3. collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official;
4. use property and personnel of the government except when the Sanggunian member
concerned is defending the interest of the government.
3.Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension from the
government, cannot act as counsel in any civil case in which the Government, or any of its
subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee
of the Government is accused of an offense in relation to his office.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT
SERVICES IN THE DISCHARGE OF THEIR TASKS.

Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the innocence of the accused
is highly reprehensible and is cause for disciplinary action.

Rule 6.02 - A lawyer in the government service shall not use his public position
to promote or advance his private interests, nor allow the latter to interfere with
his public duties.

Rule 6.03 - A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had
intervened while in said service.
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND
DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.

Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement
or suppressing a material fact in connection with his application for admission
to the bar.
Rule 7.02 - A lawyer shall not support the application for admission to the bar of
any person known by him to be unqualified in respect to character, education,
or other relevant attribute.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor shall he whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.
A.C. No. 2505 February 21, 1992
EVANGELINE LEDA, complainant, 
vs.
ATTY. TREBONIAN TABANG, respondent.
Respondent finished his law studies in 1981 and thereafter applied to
take the Bar. In his application, he declared that he was "single." He then
passed the examinations but Complainant blocked him from taking his
Oath by instituting Bar Matter No. 78, claiming that Respondent had
acted fraudulently in filling out his application and, thus, was unworthy to
take the lawyer's Oath for lack of good moral character. Complainant also
alleged that after Respondent's law studies, he became aloof and
"abandoned" her (Petition, par. 5).

WHEREFORE, finding respondent Trebonian C. Tabang grossly

unfit and unworthy to continue to be entrusted with the duties and
responsibilities belonging to the office of an attorney, he is hereby
SUSPENDED from the practice of law until further Orders, the
suspension to take effect immediately.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS
AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL.

Rule 8.01 - A lawyer shall not, in his professional dealings, use language
which is abusive, offensive or otherwise improper.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer, however, it is the right of any
lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.
A.C. No. 6396 October 25, 2005
ROSALIE DALLONG-GALICINAO, Complainant, 
vs.
ATTY. VIRGIL R. CASTRO, Respondent.
His explanation that he will enter his appearance in the case when its records
were already transmitted to the MCTC is unacceptable. Not being the counsel
of record and there being no authorization from either the parties to
represent them, respondent had no right to impose his will on the clerk of
court.

Rule 8.02 of the Code of Professional Responsibility states:

Rule 8.02A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer; however, it is the right of any
lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.
Respondent then answered, You mean to say it is not your duty to remand the
record of the case? Complainant responded, No, Sir, I mean, its not our duty to
notify you that you have to submit a copy of the Court of Appeals decision.
Respondent angrily declared in Ilocano, Kayat mo nga saw-en, awan pakialam yon?
Kasdiay? (You mean to say you dont care anymore? Is that the way it is?) He then
turned and left the office, banging the door on his way out to show his anger. The
banging of the door was so loud it was heard by the people at the adjacent RTC,
Branch 30 where a hearing was taking place.[4]

After a few minutes, respondent returned to the office, still enraged, and pointed
his finger at complainant and shouted, Ukinnan, no adda ti unget mo iti kilientek
haan mo nga ibales kaniak ah! (Vulva of your mother! If you are harboring ill
feelings against my client, dont turn your ire on me!) Complainant was shocked at
respondents words but still managed to reply, I dont even know your client, Sir.
Respondent left the office and as he passed by complainants window, he again
shouted, Ukinnam nga babai! (Vulva of your mother, you woman!)[5]
The highest reward that can be bestowed on lawyers is the esteem of their
brethren. This esteem cannot be purchased, perfunctorily created, or
gained by artifice or contrivance. It is born of sharp contexts and thrives
despite conflicting interest. It emanates solely from integrity, character,
brains and skills in the honorable performance of professional duty.[20]

WHEREFORE, premises considered, respondent is hereby FINED in the

amount of TEN THOUSAND (P10,000.00) PESOS with a warning that any
similar infraction with be dealt with more severely. Let a copy of this
Decision be furnished the Bar Confidant for appropriate annotation in the
record of the respondent.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE
UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a member of
the bar in good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services
with persons not licensed to practice law, except:
(a) Where there is a pre-existing agreement with a partner or associate that,
upon the latter's death, money shall be paid over a reasonable period of time to
his estate or to persons specified in the agreement; or
(b) Where a lawyer undertakes to complete unfinished legal business of a
deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a retirement
plan even if the plan is based in whole or in part, on a profit sharing agreement.
A.C. No. 7269               November 23, 2011
ATTY. EDITA NOE-LACSAMANA, Complainant, 
vs.
ATTY. YOLANDO F. BUSMENTE, Respondent.
 Civil Case No. 9284, where Busmente appeared as counsel. Another
case for falsification was filed against Ulaso where Busmente also
appeared as counsel. Noe-Lacsamana alleged that one Atty. Elizabeth
Dela Rosa or Atty. Liza Dela Rosa (Dela Rosa) would accompany Ulaso in
court, projecting herself as Busmentes collaborating counsel. Dela Rosa
signed the minutes of the court proceedings in Civil Case No. 9284 nine
times from 25 November 2003 to 8 February 2005. Noe-Lacsamana
further alleged that the court orders and notices specified Dela Rosa as
Busmentes collaborating counsel. Noe-Lacsamana alleged that upon
verification with this Court and the Integrated Bar of the Philippines,
she discovered that Dela Rosa was not a lawyer.
Hence, we agree with the findings of the IBP-CBD that there was
sufficient evidence to prove that Busmente was guilty of violation of
Canon 9 of the Code of Professional Responsibility. We agree with the
recommendation of the IBP, modifying the recommendation of the IBP-
CBD, that Busmente should be suspended from the practice of law for
six months.

WHEREFORE, we SUSPEND Atty. Yolando F. Busmente from the practice

of law for SIX MONTHS.
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE
COURT.

Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of
any in Court; nor shall he mislead, or allow the Court to be misled by any
artifice.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the

contents of a paper, the language or the argument of opposing counsel, or
the text of a decision or authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as a fact that which
has not been proved.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice.
 A.C. No. 716             January 30, 1969
EDUARDO J. BERENGUER, complainant, 
vs.
PEDRO B. CARRANZA, respondent.

It was admitted in said report: "If respondent had anything to do with the
preparation of the Petition or of the Affidavit of Adjudication, his
participation does not appear from the evidence presented in this case. The
Petition was subscribed and sworn to in Pasay City before one Atty. A.
Mendoza, while the Affidavit was subscribed under oath in Pasay before
Notary Public Ernesto V. Ventura. The foregoing documents were posted
from Pasay to the Clerk of Court, Sorsogon....
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO
THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR
CONDUCT BY OTHERS.

Rule 11.01 - A lawyer shall appear in court properly attired.

Rule 11.02 - A lawyer shall punctually appear at court hearings.

Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing

language or behavior before the Courts.

Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by
the record or have no materiality to the case.

Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper
authorities only.
A.M. No. RTJ-02-1691               January 16, 2004
THE OFFICERS AND MEMBERS OF THE IBP BAGUIO-
BENGUET CHAPTER, CESAR G. ORACION,
PRESIDENT, Complainant, 
vs.
FERNANDO VIL PAMINTUAN, Presiding Judge, Regional
Trial Court, Branch III, Baguio City, Respondent.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY
TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.

Rule 12.01 - A lawyer shall not appear for trial unless he has adequately
prepared himself on the law and the facts of his case, the evidence he will
adduce and the order of its proferrence. He should also be ready with the
original documents for comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without submitting the
same or offering an explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse Court processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or
recess in the trial, while the witness is still under examination.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent
himself or to impersonate another.

Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him.

Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
(a) on formal matters, such as the mailing, authentication or custody of
an instrument, and the like; or

(b) 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.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES
THE APPEARANCE OF INFLUENCING THE COURT.

Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to,
nor seek opportunity for cultivating familiarity with Judges.

Rule 13.02 - A lawyer shall not make public statements in the media regarding
a pending case tending to arouse public opinion for or against a party.

Rule 13.03 - A lawyer shall not brook or invite interference by another branch
or agency of the government in the normal course of judicial proceedings.
SUB JUDICE -under judicial consideration and therefore
prohibited from public discussion elsewhere

Ex parte – meeting with judge

CHAPTER IV. THE LAWYER AND THE CLIENT
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the
latter's race, sex. creed or status of life, or because of his own opinion regarding the
guilt of said person.
Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de officio or as amicus curiae, or a request from the Integrated
Bar of the Philippines or any of its chapters for rendition of free legal aid.
Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if:
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective client or
between a present client and the prospective client.
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional
fees shall observe the same standard of conduct governing his relations with paying
clients.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN
ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain

as soon as practicable whether the matter would involve a conflict with
another client or his own interest, and if so, shall forthwith inform the
prospective client.

Rule 15.02.- A lawyer shall be bound by the rule on privilege communication

in respect of matters disclosed to him by a prospective client.

Rule 15.03. - A lawyer shall not represent conflicting interests except by

written consent of all concerned given after a full disclosure of the facts.
Rule 15.04. - A lawyer may, with the written consent of all concerned, act as
mediator, conciliator or arbitrator in settling disputes.
G.R. No. 156183             February 28, 2007
NICASIO I. ALCANTARA, Petitioner 
vs.
VICENTE C. PONCE and the PEOPLE OF THE
PHILIPPINES, Respondents.
Rule 15.05. - A lawyer when advising his client, shall give a candid and honest
opinion on the merits and probable results of the client's case, neither
overstating nor understating the prospects of the case.

Rule 15.06. - A lawyer shall not state or imply that he is able to influence any
public official, tribunal or legislative body.

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws
and the principles of fairness.

Rule 15.08. - A lawyer who is engaged in another profession or occupation

concurrently with the practice of law shall make clear to his client whether he
is acting as a lawyer or in another capacity.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS PROFESSION.

Rule 16.01 - A lawyer shall account for all money or property collected or received for or
from the client.
Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own
and those of others kept by him.

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon
demand. However, he shall have a lien over the funds and may apply so much thereof as
may be necessary to satisfy his lawful fees and disbursements, giving notice promptly
thereafter to his client. He shall also have a lien to the same extent on all judgments and
executions he has secured for his client as provided for in the Rules of Court.
Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest are
fully protected by the nature of the case or by independent advice. Neither shall a lawyer
lend money to a client except, when in the interest of justice, he has to advance necessary
expenses in a legal matter he is handling for the client.
Attorneys’ Liens – an attorney shall have a lien upon the funds, documents
and papers of his client which have lawfully come into his possession and
may retain the same until his lawful fees and disbursements have been paid,
and may apply such finds to the satisfaction thereof.  He shall also have a lien
to the same extent upon all judgements for the payment of money, and
executions issued in pursuance of such judgements which he has secured in a
litigation of his client, from and after the time when he shall have caused a
statement of his claim of such lien to be entered upon the records of the court
rendering such judgement, or issuing such execution, and shall have caused
written notice thereof to be delivered to his client and to the adverse party;
and he shall have the same right and power over such judgments and
executions as his client would have to enforce his lien and secure the payment
of his fees and disbursements.  (Sec, 37, Rule 138, RRC)
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL
BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND

DILIGENCE.

Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should
know that he is not qualified to render. However, he may render such service if, with
the consent of his client, he can obtain as collaborating counsel a lawyer who is
competent on the matter.
Rule 18.02 - A lawyer shall not handle any legal matter without adequate
preparation.
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable.
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and
shall respond within a reasonable time to the client's request for information.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE
BOUNDS OF THE LAW.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the
lawful objectives of his client and shall not present, participate in presenting or
threaten to present unfounded criminal charges to obtain an improper
advantage in any case or proceeding.
Rule 19.02 - A lawyer who has received information that his client has, in the
course of the representation, perpetrated a fraud upon a person or tribunal,
shall promptly call upon the client to rectify the same, and failing which he shall
terminate the relationship with such client in accordance with the Rules of
Court.
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in
handling the case.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 - A lawyer shall be guided by the following factors in determining his
fees:
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of the
proffered case;
(f) The customary charges for similar services and the schedule of fees of the IBP
chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to the client
from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
(j) The professional standing of the lawyer.
Rule 20.02 - A lawyer shall, in case of referral, with the consent of
the client, be entitled to a division of fees in proportion to the work
performed and responsibility assumed.

Rule 20.03 - A lawyer shall not, without the full knowledge and
consent of the client, accept any fee, reward, costs, commission,
interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from anyone
other than the client.

Rule 20.04 - A lawyer shall avoid controversies with clients

concerning his compensation and shall resort to judicial action only
to prevent imposition, injustice or fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND
SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED.

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of

his client except;

(a) When authorized by the client after acquainting him of the

consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his
employees or associates or by judicial action.
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information
acquired in the course of employment, nor shall he use the same to his own
advantage or that of a third person, unless the client with full knowledge of the
circumstances consents thereto.
Rule 21.03 - A lawyer shall not, without the written consent of his client, give
information from his files to an outside agency seeking such information for auditing,
statistical, bookkeeping, accounting, data processing, or any similar purpose.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or
associates thereof unless prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those
whose services are utilized by him, from disclosing or using confidences or secrets of
the clients.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even
with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular
case except to avoid possible conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND
UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in connection with
the matter he is handling;
(b) When the client insists that the lawyer pursue conduct violative of these canons
and rules;
(c) When his inability to work with co-counsel will not promote the best interest of the
client;
(d) When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively;
(e) When the client deliberately fails to pay the fees for the services or fails to comply
with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.
A. C. No. 7421               October 10, 2007
ELISA V. VENTEREZ, GENARO DE VERA,
INOCENCIA V. RAMIREZ, PACITA V. MILLS,
ANTONINA V. PALMA and RAMON DE
VERA, Complainants, 
vs.
ATTY. RODRIGO R. COSME, Respondent.
Rule 22.02 - A lawyer who withdraws or is discharged shall,
subject to a retainer lien, immediately turn over all papers
and property to which the client is entitled, and shall
cooperative with his successor in the orderly transfer of the
matter, including all information necessary for the proper
handling of the matter.