Legal Ethics Notes

LEGAL
ETHICS
REVIEWER
COLLEGE OF LAW
ATENEO DE DAVAO
Sigma Legis Fraternity

& Sorority
MEMBER’S COPY
SCROLL # _________
LEGAL PROFESSION & ETHICS
THE LEGAL PROFESSION WHAT CONSTITUTES THE PRACTICE OF LAW
Introduction NOTES
(Agpalo)
STATE REGULATION OF THE LEGAL PROFESSION (BY  Practice of law: legal advice and instructions to clients to
THE SC AND CONGRESS) inform them of their rights and obligations; preparation for
clients of documents, requiring knowledge of legal
principles not possessed by ordinary layman; appearance
 Const art. VIII, sec. 5(5). for clients before public tribunals which possess power and
The SC shall have the following powers: authority to determine rights of life, liberty and property
(5) Promulgate rules concerning… practice and according to law in order to assist in the proper
procedure in all courts, the admission into the interpretation and enforcement of law
practice of law, the Integrated Bar….
 Cayetano v Monsod (Padilla dissent): practice of law’s 4
 Const art. XII, sec. 14. elements:
…The practice of all professions in the Phils shall be 1. habituality
limited to Filipino citizens, save in cases prescribed by 2. compensation
law. 3. application of law, legal principles, practice or
procedure
 In the Matter of the IBP (1973) 4. attorney-client relationship
The power to integrate the Philippine bar is given to
the SC by the Constitution. RA 6397 is a mere  The practice of law is a mere privilege. Conferred only for
legislative declaration that the integration of the bar merit, earned by hard study, learning and good conduct.
will promote public interest. But in a sense a right: not lightly or capriciously restricted
The unification of the bar is Constitutional.  Not practice of law: writing law books/ legal articles,
teaching
(1) It does not impinge upon freedom of association
because it does not make the lawyer part of any  Ulep v Legal Clinic, Inc (1993)
group of which he is not already a member and The Legal Clinic was enjoined from issuing advertisements
simply provides an official organization for the well- representing itself as “practicing law” as the Clinic was not
defined but unorganized and incohesive group of properly a legal firm.
which every lawyer is already a member.
Practice of law was defined as “any activity, in or out of court,
(2) The IBP’s fees are inherent in the power to which requires the application of law, legal procedures,
regulate the Bar. They are a proper exercise of police knowledge, training and experience.”
power.
The advertisements regarding secrete marriages, divorce,
(3) Freedom of speech is not impaired because the annulment, absence, and visa were understood to be
exaction of fees is a valid exercise of the SC’s representing the legal clinic as tendering legal advise to clients.
regulatory powers. The Court could not believe that information was simply
provided and that the clinic did not engage in advisory or
Integration of the bar was found to be called for at diagnostic services.
the time (1973) because of the beneficial experience
foreign jurisdictions upon such integration and  Cayetano v. Monsod (1991)
because of the overwhelming national demand of F: The SC held that Monsod satisfied the qualification of
Filipino lawyers made evident in by official statistics. 10 year practice of law demanded by the position of COMELEC
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chairperson to which he had been nominated because practice

 In re Cunanan (1954) of law means any activity, in or out of the court, which requires
RA 972, or the Bar Flunkers Act of 1953, was declared the application of law, legal procedure, knowledge, training and
partially unconstitutional as it encroached upon the experience. Monsod had worked as an economist, had been
powers granted by the Constitution to the SC in the CEO of a bank and had been a member of the ConCom 0f
determining the admission of bar examinees to the 1986, all activities which constituted practice of law.
bar by usurping such power through a legislative act.
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H: Practice of law means any activity, in or out 2. Residence

of court, which requires the application of law, legal 3. 21 years of age
procedure, knowledge and training and experience. It 4. good moral character
is to give notice or render any kind of service, which 5. no charges against him involving moral turpitude
device or service requires the use in any degree of 6. Legal Education
legal knowledge or skill. a. Pre-Law
b. Law Proper
Monsod after passing the bar, worked in his father’s 7. Bar Examination
firm for 1 year, then worked as an operations officer 8. Lawyer’s Oath
in the World Bank Group, then a chief executive
officer with the Meralco Group, then a legal and  Rule 138, sec. 2. Requirements for all applicants for
economic consultant, then a National Chairman for admission to the bar.—Every applicant for admission as a
NAMFREL, member of the Davide Commission and a member of the bar must be a citizen of the Philippines, at least
member of the Constitutional Commission. twenty-one years of age, of good moral character, and a
Interpreted in the light of the various definitions of resident of the Philippines; and must produce before the
the term “practice of law”, particularly the modern Supreme Court satisfactory evidence of good moral character,
concept of law practice, and taking into consideration and that no charges against him, involving moral turpitude,
the liberal construction intended by the framers of have been filed or are pending in any court in the Philippines.
the constitution, Atty. Monsod’s past work
experience as a lawyer-economist, lawyer-manager, LEGAL EDUCATION
lawyer-entrepreneur of industry, a lawyer-negotiator
of contracts, and a lawyer-legislator verily more than 1. PRE-LAW
satisfy the constitutional requirement.
 Rule 138, sec. 6. Pre-Law.—No applicant for
Padilla, Dissenting admission to the bar examination shall be admitted unless he
Practice of law-exercise or pursue an employment or present a certificate that he has satisfied the Sec. of Education
profession, actively, habitually, repeatedly or that, he began the study of law, he had pursued and
customarily. There must be continuity or a succession satisfactorily complete in an authorized and recognized
of acts. university or college, requiring for admission thereto the
completion of a four-year high school course, the course of
Commission on Appointments several factors to study prescribed therein for a bachelor’s degree in arts or
determine “practice of law”: sciences with any of the following subjects as major or field of
(1) Habituality -customarily or frequently holding concentration: political science, logic, english, spanish, history
one’s self out to the public as a lawyer and economics.
(2) Compensation- his professional services are  In re Telesforo Diao (1963)

available to the public for compensation, as a service The SC ordered the Clerk to strike Diao’s name from the roll of
of his livelihood or in consideration of his said service. attorney’s as he was not qualified to take the bar exams due to
(3) Application of law, legal principles, practice, or his false representations. He started studying law six months
procedure-calls for legal knowledge, training and before obtaining his arts degree.
experience.
2. LAW PROPER
(4) Attorney-client relationship- hence, teaching law
or writing law books are not considered a “practice of
law”.  Rule 138, sec. 5. Additional Requirements for other
applicants.—All applicants for admission…shall, before being
Monsod did not perform any of the tasks which admitted to the examination, satisfactorily show that they have
constitute the practice of law HABITUALLY for at least regularly studied law for four years, and successfully complete
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10 years prior to his appointment. Petition GRANTED all prescribed courses, in a law school or university, officially
approved and recognized by the Sec. of Education. The
affidavit of the candidate, accompanied by a certificate from
REQUIREMENTS FOR ADMISSION
the university or school of law, shall be filed as evidence of such
TO THE PRACTICE OF LAW
facts, and further evidence may be required by the court.
IN A NUTSHELL No applicant shall be admitted to the bar examinations unless

Requirements he has satisfactorily completed the following course in a law
1. Citizenship school or university duly recognized by the government: civil
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law, commercial law, remedial law, criminal law, for at least 10 days before the beginning of the examination.
public and private international law, political law,
labor and social legislation, medical jurisprudence,  Rule 138, sec. 9. Examination; subjects.—Applicants,
taxation and legal ethics. not otherwise provided for in sections 3 and 4 of this rule, shall
be subjected to examinations in the following subjects: Civil
CITIZENSHIP Law; Labor and Social Legislation; Mercantile Law; Criminal
Law; Political Law (Constitutional Law, Public Corporations, and
 Const. art. XII, sec. 14. The practice of all Public Officers); International Law (Private and Public);
professions in the Philippines shall be limited to Taxation; Remedial Law (Civil Procedure, Criminal Procedure,
Filipino citizens, save in cases prescribed by law. and Evidence); Legal Ethics and Practical Exercises (in Pleading
and Conveyancing).
 In re Arturo Castillo Reyes (1993)  Rule 138, sec. 10. Bar examination, by questions and
Petitioner’s name was struck from the roll of answers, and in writing.—Persons taking the examination shall
attorney’s due to the following facts: graduated from not bring papers, books or notes into the examination rooms.
UP College of Law in 1939; passed the bar in 1939; The questions shall be the same for all examinees and a copy
inducted to and served in the US Armed Forces in the thereof, in English or Spanish, shall be given to each examinee.
Far east during WWII and thus became eligible for Examinees shall answer the questions personally without help
citizenship under the 1990 US Immigration Act; from anyone.
became a naturalized citizen of the US in 1993. Upon verified application made by an examinee stating that his
Likewise, his petition to continue handling cases in his penmanship is so poor that it will be difficult to read his
private practice of law. Only Filipino citizens may answers without much loss of time, the Supreme Court may
practice law in the Philippine. This requirement is allow such examinee to use a typewriter in answering the
prescribed by the Constitution, XII 14, and the RoC, 2 questions. Only noiseless typewriters shall be allowed to be
Rule 138. used.
Ratio: “Since one of the solemn duties of an attorney The committee of bar examiners shall take such precautions as
is to maintain allegiance to the RP and to support the are necessary to prevent the substitution of papers or
Constitution and obey the laws of the Phils (20(a) Rule commission of other frauds. Examinees shall not place their
138 RoC), it follows that a Filipino citizen admitted to names on the examination papers. No oral examination shall be
the Phil Bar must maintain such citizenship to remain given.
qualified for the practice of law in this country.”
 Rule 138, sec. 11. Annual examination.—Examinations
BAR EXAMINATION for admission to the bar of the Philippines shall take place
annually in the City of Manila. They shall be held in four days to
 Rule 138, Sec. 7. Time for filing proof of be designated by the chairman of the committee on bar
qualifications.—All applicants for admission shall file examiners. The subjects shall be distributed as follows:
with the clerk of the Supreme Court the evidence 1st day: Political and International Law (morning) and
required by section 2 of this rule at least 15 days Labor and Social Legislation (afternoon);
before the beginning of the examination. If not 2nd day: Civil Law (morning) and
embraced within sections 3 and 4 of this rule they Taxation (afternoon);
shall also file within the same period the affidavit and 3rd day: Mercantile Law (morning) and
certificate required by section 5, and if embraced Criminal Law (afternoon);
within sections 3 and 4 they shall exhibit a license 4th day: Remedial Law (morning) and
evidencing the fact of their admission to practice, Legal Ethics and Practical Exercises (afternoon).
satisfactory evidence that the same has not been
revoked, and certificates as to their professional  Rule 138, Sec. 12. Committee of examiners. —
standing. Applicants shall also file at the same time Examinations shall be conducted by a committee of bar
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their own affidavits as to their age, residence, and examiners to be appointed by the Supreme Court. This
citizenship. committee shall be composed of a Justice of the Supreme
Court, who shall act as chairman, and who shall be designated
 Rule 138, sec. 8. Notice of applications.— by the court to serve for one year, and eight members of the
Notice of applications for admission shall be bar of the Philippines, who shall hold office for a period of one
published by the clerk of the Supreme Court in year. The names of the members of this committee shall be
newspapers published in Pilipino, English and Spanish, published in each volume of the official reports.
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 Rule 138, Sec. 13. Disciplinary The SC, however, pointed out that beginning 1994, graduates of
measures.—No candidate shall endeavor to influence foreign law school would not be allowed to take the bar. An
any member of the committee, and during applicant should study law in a local school and follow the
examination the candidates shall not communicate requirements of 5-6 Rule 138, RoC.
with each other nor shall they give or receive any
assistance. The candidate who violates this provision,  In re Amparo (1975)
or any other provision of this rule, shall be barred Amparo was caught reading piece of paper inside the
from the examination, and the same to count as a examination room in the course of the 1974 bar exam in
failure against him, and further disciplinary action, criminal law. He admitted having in his possession the paper
including permanent disqualification, may be taken in that carried the table of penalties explaining that the paper fell
the discretion of the court. from his pocket when he took his handkerchief from his pocket
to wipe his perspiration.
 Rule 138, Sec. 14. Passing
average.—In order that a candidate may be deemed He was found guilty of bringing notes into the examination
to have passed his examinations successfully, he must room in violation of 10 Rule 138 RoC and of attempted
have obtained a general average of 75 % in all cheating. As he failed the exam that year he was disqualified
subjects, without falling below 50 % in any subject. In from taking the 1975 bar exam.
determining the average, the subjects in the
examination shall be given the following relative GOOD MORAL CHARACTER
weights: Civil Law, 15 %; Labor and Social Legislation,
10 %; Mercantile Law, 15 %; Criminal Law; 10 %; NOTES
Political and International Law, 15 %; Taxation, 10 %; (Agpalo)
Remedial Law, 20 %; Legal Ethics and Practical
Exercises, 5 %. Good Moral Character
 No definition and criteria in law for “good moral
 Rule 138, sec. 15. Report of the committee; character”
filing of examination papers.—Not later than
February 15th after the examination, or as soon  Moral character is what a person really is (corresponds
thereafter as may be practicable, the committee shall to objective reality) while good reputation is the
file its reports on the result of such examination. The opinion generally entertained of him, the estimate in
examination papers and notes of the committee shall which he is held by the public in the place where he is
be fixed with the clerk and may there be examined by known (subjective).
the parties in interest, after the court has approved
the report.  Not enough that conduct merely enables a person to
escape the penalty of criminal law.
 Rule 138, Sec. 16. Failing candidates
to take review course.—Candidates who have failed  Justice Felix Frankfurter: moral character = qualities of
the bar examinations for three times shall be truth-speaking, a high sense of honor, full candor,
disqualified from taking another examination unless intellectual honesty, and the strictest observance of
they show to the satisfaction of the court that they fiduciary responsibility
have enrolled in and passed regular fourth year
review classes as well as attended a pre-bar review  Good moral character is the absence of a proven
course in a recognized law school. conduct or act which has been historically and
The professors of the individual review subjects traditionally considered as a manifestation of moral
attended by the candidates under this rule shall turpitude. The act or conduct showing moral turpitude
certify under oath that the candidates have regularly need not amount to a crime; and even if it does
attended classes and passed the subjects under the constitute an offense, a conviction upon a criminal
same conditions as ordinary students and the ratings charge is not necessary to demonstrate bad moral
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obtained by them in the particular subject. character although it may show moral depravity.
 In re Adriano Hernandez (1993) DISCLOSURE OF INVOLVEMENT IN

The SC allowed Hernandez to take the 1993 Bar ANY CRIMINAL CASE
Exams of the Phil despite having graduated from the
Columbia Law School and having passed the bar exam NOTES
in the State of New York. He had taken review classes (Agpalo)
in the Ateneo de Manila Law School.
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 an applicant must show that no charges against initiators. To prove that he was of good moral character, he
him involving moral turpitude, have been filed or presented 15 certifications of such and also submitted that he
pending in court in the Philippines and his co-accused had established in cooperation with the
victim’s family, a scholarship foundation in honor of the hazing
 the concealment or withholding from the court of victim. The SC granted Argosino’s petition.
the fact that an applicant has been charged with
or indicted for an alleged crime is a ground for LAWYER’S OATH
disqualification
I _____ , do solemnly swear that I will maintain allegiance to
 a lawyer’s name may not be stricken off from the the RP: I will support and defend its Constitution and obey the
roll of attorneys by reason of alienage, non- laws as well as the legal orders of the duly constituted
completion of the prescribed course of study or authorities therein; I will do no falsehood nor consent to its
bad moral character in the absence of clearly commission; I will not wittingly or willingly promote or sue any
preponderant evidence that he did not, in fact, groundless, false or unlawful suit nor give aid nor consent to
possess the necessary qualifications at the time the same; I will not delay any man’s cause for money or malice
of his admission. and will conduct myself as a lawyer according to the best of my
knowledge and discretion with all good fidelity as well to the
No charges involving moral turpitude are filed against court as to my clients; and I will impose upon myself this
him/her or pending in court obligation voluntarily, without any mental reservation or
 Question of moral turpitude is for SC to decide. purpose of evasion. So help me God.
Which is why applicants are required to disclose
any crime which they have been charged. WHO ELSE MAY PRACTICE LAW
Concealment or withholding from the court
information about charges and indictments is a General Rule: Only Members of the Bar
ground for disqualification of applicant or for
revocation of license. Even if the crime concealed  Rule 138, Sec 1. Who may practice law.—Any person
does not involve moral turpitude, the act of heretofore duly admitted as a member of the bar, or hereafter
concealment makes him/her unfit to be a lawyer. admitted as such in accordance with the provisions of this rule,
and who is in good and regular standing, is entitled to practice
 Applicant assumes burden of proof to establish law.
qualifications in asking admission. But after
having presente prima facie evidence, burden to Exception 1: Law Student Practice Rule
overcome the prima facie showing shifts to those
objecting his/her admission.  Rule 138-A—ANNEXED
 That the bar examination committee has passed Exception 2: Agent

upon the applicant’s qualification will not
preclude judicial inquiry on the same question NOTES
raised in disbarment. (Agpalo)
 Lawyer’s name may not be stricken off the roll of  Metropolitan/ Municipal Trial Court: one may be
attorneys by reason of represented by an agent: In such cases, no attorney-client
(1) alienage, relationship exists; not habitual; locality where licensed
(2) non-completion of the prescribed course of study member of bar is not available; person/resident of good
or repute for probity and ability to aid defendant; NOT IN ANY
(3) bad moral character in the absence of clearly OTHER COURT
preponderant evidence that he did not possess
necessary qualifications at the time of admission.  Supreme Court can validly authorise a layman to represent
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Burden of proof—complainant. litigant in court
 In re Al Argosino (1997)  Question: Can legislature can permit by law a layman to

Al Argosino passed the 1993 bar examination. His appear on another’s behalf in court or administrative
oath taking was deferred due to his previous tribunals. Yes, in cadastral courts, NLRC ok; otherwise NO
conviction for Reckless Imprudence Resulting to
Homicide for the death of a neophyte during  3 limitations:
fraternity initiation in which he was one of the
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1. layman should confine work to non- Rule 115 provides that an accused may waive his right to
adversarial contentions counsel but if he cannot protect his rights without the
2. not habitually rendered assistance of a counsel, the Court should advise him to secure a
3. not charge for payment counsel de parte or appoint a counsel de officio to represent
him.
Exception 3: Litigation by Party

CODE OF PROFESSIONAL RESPONSIBILITY
 Rule 138, Sec. 34. By whom litigation
conducted.—In the court of a justice of the peace NOTES
(now, MTC) a party may conduct his litigation in (Agpalo)
person, with the aid of an agent or friend appointed
by him for that purpose, or with the aid of an History of the Development of Ethical Standards for Lawyers
attorney. In any other court, a party may conduct his  13th and 14th century: Requirement of the lawyer’s oath
litigation personally or by aid of an attorney, and his and the statement of his duties
appearance must be either personal or by a duly
authorized member of the bar.  1917: The Philippine Bar adopted, as its own, Canons 1 to
32 of the Canons of Professional Ethics of the American Bar
NOTES Association. 1946: It again adopted, as its own, Canons 33
(Agpalo) to 47 of the Canons of Professional Ethics of the American
Bar Association
Necessity of representation by counsel
 In a democratic and civilized country where the  1980: The Integrated Bar of the Philippines adopted a
rights of a person are determined in accordance proposed Code of Professional Responsibility which it later
with established rules, the employment of a submitted to the Supreme Court for approval
person acquainted with those rules becomes a
necessity both to the litigants and to the Court. A  June 21, 1988: The Supreme Court promulgated the Code
party litigant needs the assistance of counsel in of Professional Responsibility. The Code consists of 22
all proceedings, administrative, civil or criminal. Canons and 77 Rules, which are divided into 4 chapters
namely:
When appearance by counsel not obligatory (1) The Law and Society;
1. In a Municipal Trial Court, a party may conduct (2) The Lawyer and the Legal Profession;
his litigation in person or with the aid of a friend (3) The Lawyer and the Courts; and
appointed by him for that purpose or with an aid (4) The Lawyer and the Clients.
of an attorney.
 The Code is binding upon all lawyers and failure to live up
2. In the RTC and Appellate Courts, a party in a civil to any of its provision is a ground for disciplinary action.
suit may conduct his litigation either personally
or by attorney unless the party is a juridical Nature of Office of Attorney
person.  The title “attorney” is reserved to those who, having
obtained the necessary degree in the study of law, and
3. And even if he has chosen to appear by counsel, he passed the bar examinations, have been admitted to the
may at any time dispense with the services of his Integrated Bar of the Philippines and remain members
lawyer and prosecute or defend his case personally. thereof of good standing; and it is they only who are
authorized to practice law in the Philippines.
Waiver to right of counsel in criminal proceedings
The right to counsel of an accused is absolute or  An attorney is more than a mere agent because
a) he possesses special powers of trust and confidence reposed
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immutable. HOWEVER, his option to secure the

services of counsel de parte is not absolute. The trial in him by his client
court may restrict his option to retain a counsel de
parte if a) the accused insists on an attorney he b) he is as independent as the judge
cannot afford b) chosen counsel is not a lawyer or c)
the attorney declines to represent the accused for a c) his powers are entirely different and far superior to those of
valid reason, in which case the trial court can appoint an ordinary agent.
his counsel de oficio to represent him. Sec 1 (c) of
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 He is a public officer although he is not an officer delay any man's cause, from any corrupt motive or
in the constitutional or statutory meaning of the interest;
term. He occupies a quasi-judicial office because h) Never to reject, for any consideration personal to himself,
he is in fact an officer of the court and thus, is the cause of the defenseless or oppressed;
subject to the disciplinary authority of the court i) In the defense of a person accused of crime, by all fair and
and to its orders and directives with respect to honorable means, regardless of his personal opinion as to
his relation to the court as well as to his client. the guilt of the accused, to present every defense that the
law permits, to the end that no person may be deprived of
Privileges of attorney life or liberty, but by due process of law.
- A lawyer has the privilege and right to practice
law during good behavior before any judicial, Note:
quasi-judicial or administrative tribunal.  The duties of an attorney may be classified into those,
which he owes to the court, to the public, to the bar
- An attorney enjoys the presumption of regularity and to his client.
in the discharge of his duty. (i.e. He is immune, in
the performance of his obligation to his client,  The duties may also be classified into public (operating
from liability to a third person insofar as he does as a faithful assistant of the court in search of a just
not materially depart from his character as a solution to disputes), private (an attorney operating as
quasi-judicial officer.) a trusted agent of his client), and personal obligations
(an attorney operating as a self-employed
- There are also privileges inherent in his status as businessman).
a quasi-judicial officer. (i.e. the law makes his
passing the bar examination equivalent to a first  The rules and ethics of the legal profession demand
grade or second grade civil service eligibility.) that an attorney subordinate his personal and private
duties to those, which he owes, to the court and to the
Duties of Office public. His obligation to his client, in turn, takes
precedence over his duties to himself.
 Rule 138, sec. 20. Duties of attorneys.--It is
the duty of an attorney:
a) To maintain allegiance to the Republic of the
Chapter 1
Philippines and to support the Constitution and
The Lawyer and Society
obey the laws of the Philippines;
b) To observe and maintain the respect due to the
courts of justice and judicial officers; CANON 1
c) To counsel or maintain such actions or PROMOTE & RESPECT LAW & LEGAL PROCESSES
proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly In General
debatable under the law;
d) To employ, for the purpose of maintaining the  Canon 1. A lawyer shall uphold the
causes confided to him, such means only as are constitution, obey the laws of the land and promote respect for
consistent with truth and honor, and never seek law and legal process.
to mislead the judge or any judicial officer by an Rule 1.01. A lawyer shall not engage in unlawful,
artifice or false statement of fact or law; dishonest, immoral or deceitful conduct.
e) To maintain inviolate the confidence, and at Rule 1.02. A lawyer shall not counsel or abet activities
every peril to himself, to preserve the secrets of aimed at defiance of the law or at lessening confidence in the
his client, and to accept no compensation in legal profession.
connection with his client's business except from Rule 1.03. A lawyer shall not, for any corrupt motive or
him or with his knowledge and approval; interest, encourage any suit or delay any man’s cause.
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f) To abstain from all offensive personality and to Rule 1.04. A lawyer shall encourage his clients to avoid,
advance no fact prejudicial to the honor or end or settle a controversy if it will admit of a fair settlement.
reputation of a party or witness, unless required
by the justice of the cause with which he is  Zaldivar v. Gonzales (1988)
charged; F: The SC indefinitely suspended Tanodbayan Raul Gonzales
g) Not to encourage either the commencement or form the practice of law upon a finding that he was guilty of
the continuance of an action or proceeding, or contempt of court and of gross misconduct as an officer of the
court and member of the Bar. Gonzales filed a motion for
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reconsideration which made the following nature and manner of Gonzales’ criticism exceeded the bounds
statements, which were unrelated to legal issue: that of decency and propriety.
he was twice approached by a leading member of SC
to “go slow” on the accused and “not to be too hard;” RULE 1.01
that he was approached and asked to refrain from NO UNLAWFUL, DISHONEST, IMMORAL OR
investigating the COA reports on illegal disbursements DECEITFUL CONDUCT
in the SC; that he was called over the phone several
times by a leading member of SC and was asked to  Rule 1.01. A lawyer shall not engage in
dismiss cases against two members of SC. The Court unlawful, dishonest, immoral or deceitful conduct.
held that:
NOTES
H: The SC has plenary disciplinary authority over (Agpalo)
attorneys. This authority stems from the Court’s
constitutional mandate to regulate admission to the Unlawful conduct
practice of law, which includes authority to regulate  act or omission which is against the law
the practice of law. It is also an inherent power
incidental to the proper administration of justice and Dishonest act
essential to an orderly discharge of judicial functions.  act of lying or cheating
Moreover, the SC has power to punish for contempt
anyone connected with a case at bar to protect it Immoral or deceitful conduct
from improper interference with due administration  one that involves moral turpitude.
of justice. This is not dependent upon the complaint
of any of the parties. Gross immorality
 A grossly immoral act is one that is so corrupt and false as
The power to punish for contempt and power to to constitute a criminal act or so unprincipled or disgraceful
discipline attorneys are two inherent powers of the as to be reprehensible to a high degree. (ex. Adultery)
Court. With respect to lawyers, the disciplinary
powers of SC is broader in scope than the power to  Mere intimacy between a man and a woman, either of
punish for contempt since it may cover any whom possesses no legal impediment to marry, voluntarily
misconduct other than contempt. The power to carried on and devoid of any deceit on the part of the
punish for contempt however may apply to both lawyer, is neither so corrupt nor unprincipled as to warrant
lawyers and non-lawyers. imposition of disciplinary sanction, even if the woman gives
birth to a child, so long as he admits paternity. Disowning
Although the Court, in deciding Gonzales’ case, may child or refusing to support it may be ground for
act as offended party, prosecutor and arbiter at the disciplinary action.
same time, it is exercising its powers. As held in In Re
Almacen, disciplinary proceedings are sui generis (one  Cohabitation per se is not immoral, depending on
of its kind). It is neither purely civil nor purely criminal surrounding circumstances.
since it is an investigation as to whether the attorney
is still fit to be allowed the privilege as such. Public  The question as to whether an act is so unprincipled or so
interest is its primary objective. disgraceful as to be reprehensible to a high degree
presents a more difficult problem for the answer may, to
On Gonzales’ principal defense of freedom of speech: some extent, depend upon the prejudice, caprice and bias
Freedom of expression and of speech is not absolute of the court and the general concept of morality prevailing
and needs an occasion to be adjusted to and at the time.
accommodated with the requirements of equally
important public interests—one of which is the  It is not necessary that there be prior conviction for a
maintenance of the integrity and orderly functioning lawyer’s act to be grossly immoral; it is enough that the act
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of the administration of justice. There is no antimony charged, in the language of the law, constitute a crime.
between free expression and the integrity of the
system of administering justice. Both are  Even if evidence is not sufficient to hold lawyer liable for
indispensable to a free society. However, a lawyer’s gross immorality, reprimand may be proper where
right of free expression may have to be more limited evidence shows failure to comply with rigorous standards
than that of a layman. Moreover, as special of conduct appropriately required from the members of
prosecutor, he owes duties of fidelity and respect to the Bar and officers of the court. As officers of the court,
RP and SC more than a private lawyer. Besides, the
9
lawyers must not only in fact be of good moral justice, honesty, modesty, or good morals. The act of a lawyer
character but must also be seen to be of good in issuing a check without sufficient funds to cover the same
moral character. constitutes such willful dishonesty and immoral conduct as to
undermine the public confidence in law and lawyers. The Court
also noted that disbarment is not tantamount to a deprivation
Conviction of a crime involving moral turpitude of property without due process of law. The purpose of a
 Moral turpitude means anything which is done proceeding for disbarment is “to protect the administration of
contrary to justice, honesty, modesty or good justice by requiring that those who exercise this important
morals, or to any act of vileness, baseness or function shall be competent, honorable and reliable.” A
depravity in the private and social duties that a proceeding for disbarment is not in any sense a civil action.
man owes his fellowmen or to society, contrary Disciplinary proceedings involve no private interest and afford
to the accepted rule of right and duty between no redress for private grievance. They are prosecuted solely for
man and man. the public welfare and for preserving courts of justice from the
official ministrations of persons unfit to practice them.
 In general, all crimes of which fraud or deceit is Furthermore, the Court held took notice of the fact that it took
an element or those which are inherently an inordinate length of time for the respondent to responding
contrary to rules of right conduct, honesty or to the Court’s requirement that he submit his Comment on the
morality in a civilized community involve moral original petition to disbar him. He squandered away 7 years to
turpitude. have his day in court. These acts constitute a willful
disobedience of the lawful orders of the Court, which under
Fraudulent transactions Sec. 27 of Rule 138 is in itself a cause sufficient for disbarment.
 Commission of fraud or falsehood show that the
lawyer is unfit to manage the legal business of  Ui v. Bonifacio (2000)
others, unworthy of public confidence and devoid The SC found that the imprudence of an attorney who married
of high sense of morality and fair dealing a man already previously married (without initially knowing
expected and required of a member of the bar. that he was in fact married but, upon acquiring such
(ex. misappropriating money, falsifying power of knowledge, cut off all ties with him) did not constitute immoral
attorney to collect money, etc...) conduct sufficient for her disbarment. The Court emphasized
that the practise of law is a privilege which can be revoked once
(Aguirre) a lawyer violates his oath and that the dictates of legal ethics
and the requisite of good moral character in the admission to
Immoral Conduct the practise of law must be continuous as a requirement to the
enjoyment of the privilege of the practise of law. Furthermore
 that which is willful, flagrant or shameless and lawyers, as keepers of public faith, are burdened with a higher
which shows a moral indifference to the opinion degree of social responsibility and thus must handle their
of the good and respectable members of the personal affairs with grater caution. The respondent was
community. imprudent in the sense that she should have investigated the
fact that the man with whom she had relations was married.
Moral Turpitude Nevertheless, the fact that she distanced herself from him
 includes any act done contrary to justice, shows that she displayed no moral indifference. The Ratio
honesty, modesty or good morals decidendi of the Court is that the requisite of good moral
character in the admission to the practise of law must be
Conduct continuous as a requirement to the enjoyment of the privilege
 as used in this rule is not limited to conduct of the practise of law. It is the bounden duty of lawyers to
exhibited in connection with the performance of adhere unwaveringly to the highest standards of morality.
professional duties.
 Sebastian v Calis (1999)
 Barrios v. Martinez (2004) Atty. Calis’ was found guilty of gross misconduct by engaging in
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Violation of BP 22 is a crime involving moral unlawful, dishonest, immoral or deceitful conduct for deceiving
turpitude. Moral turpitude “includes everything which Sebastian that he could provide her with working travel papers
is done contrary to justice, honesty, modesty, or good to the US.
morals”. It involves an act of baseness, vileness, or
depravity in the private duties which a man owed his  Co v Bernardino (1998)
fellowmen, or to society in general, contrary to the The SC found Bernardino guilty of violation of Rule 1.01 of the
accepted and customary rule of right and duty Code for procuring personal loans through insinuations of his
between man and woman, or conduct contrary to power as an influence peddler in the Bureau of Customs, the
10
issuance of a series of bad checks and the taking of any litigation in which he may take part by virtue of his
undue advantage of his position in the profession (1491 CC)
aforementioned government office. By failing to disclose to his client that a land had already been
sold at a public auction prior to the execution of a land
 Figueroa v. Barranco (1997) development agreement, Gonzales failed to live up to the
Atty. Barranco was not disbarred despite the fact that rigorous standards of ethics of the law profession which place a
he had sexual congress with Patricia Figueroa with premium on honesty and condemn duplicitous conduct.
whom he begot a child, promised that he would
marry her after he passed the bar but then married By submitting falsified documents wherein 2 signatories were
another woman. The Court held that grossly immoral made to appear as having fixed their signatures, Gonzales acted
conduct is one that is so corrupt and false as to in willful disregard of his solemn duty as a lawyer to act at all
constitute a criminal act or so unprincipled or times in a manner consistent with the truth.
disgraceful as to be reprehensible to a high degree.
Mere intimacy between a man and a woman, both of  People v Tuanda (1989)
whom possess no impediment to marry, voluntarily A conviction for violating a special law, BP 22 for example, is
carried on and devoid of any deceit on the part of the sufficient ground for finding an attorney guilty of moral
respondent, is neither so corrupt nor so unprincipled turpitude and thus subject to administrative proceedings.
as to warrant the imposition of disciplinary sanction
against him, even if as a result of such relationship a  Cordova v Cordova (1989)
child is born out of wedlock. The acts were The reconciliation between the Atty. husband and his wife who
consensual, as proven by the years of their amicable had initiated the administrative proceedings against him for
and intimate relations. engaging in an adulterous and clearly immoral relationship does
not “wipe away the misconduct and immoral behavior.”
 Castillo vda Mijares v Villaluz (1997)
SC found Justice Villaluz guilty of deceitful and grossly  In re Vailoces (1982)
immoral conduct for marrying Judge Castillo despite Plenary pardon does not of itself warrant reinstatement,
having previously been married and then evidence of reformation must first be present. Vailoces was
subsequently marrying a third woman. guilty of falsification of public documents. The President then
granted plenary pardon. The plenary pardon does not itself
 Fernandez v Grecia (1993) warrant reinstatement. The SC found however that he had
Atty. Grecia was guilty of violating Canon 1 by regained the trust of his fellow lawyer and thus was readmitted
surreptitiously tearing of two pages of medical into the practice of law.
records which were evidence in a case he was
handling.  Arciga v. Maniwang (1981)
The SC found that Atty Maniwang should not be disbarred
 In re Lontok (1992) despite having engaged in repeated acts of cohabitation with
Lontok was convicted of bigamy but was issued a Arciga which resulted in the birth of their son and then having
pardon by the Governor General. The SC held that married another woman despite promises that he would marry
where disbarrment proceedings depend solely on a Arciga.
conviction for violation of a statute, the pardon of the
crime for which the attorney had been convicted bars  In re Gutierrez (1962)
the administrative proceeding. Gonzales was convicted of murder but was then granted
conditional pardon by the President. When the pardon is
 Lisazo v Amante (1991) conditional and merely remits the unexecuted portion of the
Despite there being not attorney-client relationship penalty, administrative proceedings cannot be automatically
between Lisazo and Amante, the SC found Atty. barred.
Amante guilty of malpractice and dishonesty in his
profession for failing to return Lisazo’s money despite  Piatt v Abordo (1933)
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repeated demands. Atty. Abordo was duped into buying fake opium. He sought the
help of police authorities to recover his money (what an idiot!).
 Bautista v. Gonzales (1990) As a general rule the SC will not assume jurisdiction over one of
The purchase by a lawyer of his client’s property in its officers when the alleged misconduct was performed in his
litigation constitutes a breach of professional ethics personal capacity. The exception is the atty. who will be
for which a disciplinary action may be brought against removed from office for gross misconduct not connected w/ his
him that he expressly violated the law prohibiting a professional duties.
lawyer from acquiring his client’s property involved in
11
RULE 1.02. acting as counsel for the Centro Bellas Artes Club, an
NO COUNSELING TO DEFY LAW organization intending to evade the practice of law.
 Rule 1.02. A lawyer shall not counsel RULE 1.03

or abet activities aimed at defiance of the law or at NO TO ENCOURAGING LAWSUITS OR PROCEEDINGS
lessening confidence in the legal profession.
 Rule 1.03. A lawyer shall not, for any corrupt
NOTES motive or interest, encourage any suit or delay any man’s
(Agpalo) cause.
 Rule 1.02 requires that the lawyer should not NOTES

promote an organization known to be violating (Agpalo)
the law nor assist it in a scheme which he knows
is dishonest. He should not allow his services to  To stir up litigation is a crime known as “maintenance” at
be engaged by an organization whose member as common law.
violating the law, to defend them when they get
caught.  Among the unprofessional acts that are prohibited include:
volunteering advice to bring lawsuit (except when ties of
 Estrada v. Sandiganbayan (2003) blood, relationship, or trust make it his/her duty to do so);
The SC indefinitely suspended Atty. Paguia for making hunting up defects in titles or other causes of action and
claims that the justices of the Supreme Court have informing thereof in order to be employed to bring suit or
been participating in partisan political activity and collect judgment, or to breed litigation by seeking out
have prejudged a case that will assail the legality of an claims of personal injuries or those having any other
act done by President Arroyo, that Estrada v Arroyo is grounds of action in order to secure them as clients;
a patent mockery of justice and due process, that 3 employing agents or runners or agents for like purposes;
justices of Sandiganbayan made their bias manifest paying reward (directly or indirectly) to those who bring or
and are impartial against his client. The Court held influence in bringing such cases to his office; rewarding
that Canon 11 of the Code of Professional policemen, court or prison officials, physicians, hospital
Responsibility mandates that a lawyer should observe attaches or others who may succeed, under the guise of
and maintain the respect due to the courts and giving disinterested friendly advice, in influencing the
judicial officers, and insist on similar conduct by criminal, the sick and the injured, the ignorant or others, to
others. Paguia, in liberally imputing sinister and seek professional services; searching unknown heirs and
devious motives and questioning the impartiality, soliciting their employment of him; initiating a meeting of
integrity and authority of the members of the the members of club and inducing them to organize and
Supreme Court, succeeded in seeking to impede, contest legislating under his/her guidance; purchasing
obstruct and pervert the dispensation of justice. Rule notes to collect them by litigation at a profit; furnishing
13.02 of the Code of Professional Responsibility credit reports in expectation of possible employment;
prohibits a member of the bar from making public agreeing with a purchase of future interests to invest
statements on a case that may tend to arouse public therein in consideration of his services. The purpose of
opinion for or against any party. With already an prohibiting these acts is to prevent ambulance chasing
earlier admonition, Paguia is indefinitely suspended (solicitation of almost any kind of legal business by laymen
for conduct unbecoming of a lawyer. employed by an attorney for the purpose or by the
attorney himself). Ambulance chasing is prohibited
Ratio Decidendi: The Supreme Court will not because it stirs up litigation with resulting burdens on
denounce criticism made by anyone against the Court courts and the public; supports perjury, the defrauding of
for, if well founded can truly have constructive effects innocent persons by judgments, upon manufactured
in the task of the Court, but it will not countenance causes of actions and the defrauding of injured persons
any wrongdoing nor allow the erosion of our people’s having proper causes of action but ignorant of legal rights
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faith in the judicial system, let alone, by those who and court procedure by means of contracts which retain
have been privileged by it to practise law in the exorbitant expenses and by settlement made for quick
Philippines. returns of fees against the rights of the injured persons.
 In re Terell (1903)  Saburnido v. Madrono (2001)

Terrel was found guilty of malpractice or gross F: Respondent Madroño was a judge of the Municipal
misconduct for assisting in the establishment and Circuit Trial Court. Prior to the present case, Venustiano
Saburnido had filed charges of grave threats and acts
12
unbecoming a member of the judiciary against which are often considerably less when the cause is
Madroño for pointing a high-powered firearm at him amicably settled. The problem of conflict of interests must
and for allowing other persons to take confiscated be resolved against self-interest.
smuggled goods deposited in his court. Another case
was filed by the assistant provincial prosecutor  Castaneda v Ago (1975)
against the judge for reducing bail in a criminal case Atty. Luison was found guilty of instigating controversy and
without notice to the prosecution. For these being a predator of conflict for maneuvering for 14 years to
charges, Madroño was dismissed from the judiciary doggedly resist the execution of the court’s decision thru
and his retirement benefits were forfeited. In manifold tactics from one court to another.
retaliation, the former judge filed 4 charges against
the spouses namely: serious irregularity, falsification, SPECIAL RULES WITH RESPECT TO
evasion thru negligence and violation of the Omnibus NOTARIAL PRACTICE
Code. Spouses Saburnido filed this administrative
complaint for disbarment against Atty. Madroño.  2004 Rules on Notarial Practice—ANNEXED
They alleged that respondent has been harassing
them by filing numerous complaints against them as
well as acts of dishonesty.  Spouses Santuyo v. Hidalgo (2005)
The SC found a notary public negligent in his duty for allowing
H: Atty. Florante Madroño should be not be office secretaries to perform his notarial functions, i.e.,
disbarred but he does merit a suspension of 1 year. A safekeeping of his notarial dry seal and notarial register. The
lawyer may be disciplined for any conduct, in his Court held that “considering that the responsibility attached to
professional or private capacity, that renders him a notary public is sensitive, respondent should have been more
unfit to continue to be an officer of the court. Canon discreet and cautious in the execution of his duties as such and
7 of the Code of Professional Responsibility should not have wholly entrusted everything to the secretaries;
commands all lawyers to, at all times, uphold the otherwise he should not have been commissioned as notary
dignity and integrity of the legal professional. Clearly, public.”
Atty. Madroño’s act of filing multiple complaints
against the Saburnidos reflects on his unfitness to be  Sicat v. Ariola (2005)
a member of the legal profession. His act evinces The SC disbarred Atty. Gregorio Ariola from the practice of law
vindictiveness, a decidedly undesirable trait whether for violating Rule 1.01 of Canon 1 by notarizing an SPA
in a lawyer or another individual. The supreme purportedly executed by a certain Benitez at a time when
penalty of disbarment is meted out only in clear cases Benitez was already dead. The Court held that a notary public
of misconduct that seriously affect the standing and should not authenticate documents unless the persons who
character of the lawyer as an officer of the court. signed them are the very same persons who executed them
Suspension is a sufficient sanction against and personally appeared before them to attest to the contents
respondent. It is not primarily intended as a and truth of what are stated therein. (Zaballero v. Atty.
punishment but as a means to protect the public and Montalvan) Notarization is not an empty, meaningless and
the legal profession. routinary act. It converts a private document into a public
instrument, making it admissible in evidence without the
RULE 1.04 necessity of preliminary proof of its authenticity and due
ENCOURAGE CLIENT TO AVOID CONTROVERSY execution.
 Rule 1.04. A lawyer shall encourage  Nunga v. Viray (1999)

his clients to avoid, end or settle a controversy if it The SC found Victor Nunga’s acts to sufficiently constitute
will admit of a fair settlement. grounds for suspension. He acted as a public notary in a
transaction where a house (owned by a bank to which he was
NOTES stockholder and legal counsel) was sold without bidding to his
(Agpalo) son and was then mortgaged. The SC found that he was not
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licensed as a notary during this entire time.

 The function of a lawyer is not only to conduct
litigation but to avoid it where possible, by  Flores v Chua (1999)
advising settlement or withholding suit. He/she The SC found attorney Chua liable for misconduct (1) for
must act as mediator for compromise rather than notarizing a document that had not been signed in his presence
an instigator and conflict. What sometimes then passing of the document to the signatory’s widowed wife
beclouds a lawyer’s judgment as to what is best as a legitimate document. (2) Misrepresenting himself as
for his client is his/her eye on the attorney’s fees
13
counsel through prematurely publishing a portion of a Aid Office. Legal aid is not a matter of charity. It is a means for
questionable decision on appeal. the correction of social imbalance that may and often do lead
to injustice, for which reason it is a public responsibility of the
CANON 2 Bar. The spirit of public service should, therefore, underlie all
PROVIDE EFFICIENT AND CONVENIENT LEGAL legal aid offices. The same should be administered to indigent
SERVICES and deserving members of the community on all cases, matters
and situations in which legal aid may be necessary to forestall
 Canon 2. A lawyer shall make his an injustice.
legal services available in an efficient and convenient
manner compatible with the independence, integrity  Rule 14.03. A lawyer may not refuse to accept
and effectiveness of the profession. representation of an indigent unless: (a) he is in no position to
carry out the work effectively or competently or (b) he labours
Rule 2.01. A lawyer shall not reject, except for under a conflict of interest between him and the prospective
valid reasons, the cause of the defenseless or the client or between a present client and the prospective client
oppressed.
 Ledesma v Climaco (1974)
Rule 2.02. In such cases, even if the lawyer Ledesma, who was appointed Election Registrar of his
does not accept a case, he shall not refuse to render municipality was not excused from acting as counsel in criminal
legal advice to the person concerned if only to the proceedings that had started that same year. Moreover, to
extent necessary to safeguard the latter’s rights. avoid the frustration of the case, especially such as where the
Rule 2.03. A lawyer shall not do or permit to defendants are indigent, a lawyer may be required to act as a
be done any act designed to primarily solicit legal counsel de oficio. The fact that his services were rendered
business. without renumeration should not occasion a diminution of his
Rule 2.04. A lawyer shall not charge rates zeal. Most importantly, the Constitution blessed the accused
lower than those customarily prescribed unless the with the right to be heard by himself and by counsel. This
circumstances so warrant. manifests the indispensible role of a lawyer in the defense of
the accused.
NOTES
(Agpalo) NOTES
(Agpalo)
 The necessity and the right to legal
representation give rise to the correlative duty of  This rule stems from one of the obligations incident to the
lawyers to make efficient legal services status and privileges of a lawyer which is to represent the
conveniently available. A wide gap between the poor and the oppressed in the prosecution of their claims
need for legal services and its satisfaction exists or the defense of their rights. The court is empowered to
for two reasons: require a lawyer to render legal service (to designate
(1) poverty and the inability to pay; him/her as counsel de oficio for an accused if the latter is
(2) ignorance of the need and where to find a unable to employ counsel de parte).
competent and dependable lawyer.
There is also the fear that technicalities of the law will  The Integrated Bar of the Philippines through its
cause delay and the fear of lawyers who overcharge Committee on Legal Aid has established legal aid offices
throughout the country. Its objective is to provide on a
 Legal services should be available not only to nationwide basis legal services in favor of the poor
those caught up in litigation but those who need segment of society. Their policy is that legal aid is not a
advice to avoid litigation. matter of charity. It is a means for the correction of social
imbalance that may and often do lead to injustice, which
RULE 2.01 makes it a public responsibility of the Bar.
NOT TO REJECT OR OPPRESS THE DEFENSELESS OR
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OPPRESSED RULE 2
NOT TO REFUSE TO GIVE LEGAL ADVISE
 Rule 2.01. A lawyer shall not reject,
except for valid reasons, the cause of the defenseless  Rule 2.02. In such cases, even if the lawyer does
or the oppressed. not accept a case, he shall not refuse to render legal advice to
the person concerned if only to the extent necessary to
 Sec 1 Art 1 IBP Handbook. Guidelines safeguard the latter’s rights.
Governing the establishment and Operation of Legal
14
NOTES NOTES
(Agpalo) (Agpalo)
 A valid reason to refuse is when the lawyer is is  What the rule prohibits is the competition in the matter of
not in a position to carry out the work effectively charging professional fees for the purposed of attracting
and competently. However he shall still render clients in favor of the lawyer who offers lower rates. The
legal advice (such as those pertaining to rule does not prohibit a lawyer from charging a reduced
preliminary steps a person can take). But he shall fee or none at all to an indigent or to a person who would
refrain from giving legal advice if the reason for have difficulty paying the fee usually charged for such
not accepting the case is that there involves a services.
conflict of interest (between him and a
prospective client or between a present client CANON 3:
and a prospective client). In the case mentioned INFORMATION ON LEGAL SERVICES THAT IS TRUE, HONEST,
above, rendering legal advice to the prospective FAIR AND DIGNIFIED
client will establish an attorney-client
relationship between them and this will  Canon 3. A lawyer in making known his legal
constitute a violation of the rule prohibiting a services shall use only true, honest, fair, dignified and objective
lawyer from representing conflicting interests. information or statement of facts.
RULE 2.03 Rule 3.01. A lawyer shall not use or permit the use of
NO SOLICITATION any false, fraudulent, misleading, deceptive, undignified, self-
laudatory, or unfair statement or claim regarding his
 Rule 2.03. A lawyer shall not do or qualifications or legal services.
permit to be done any act designed to primarily solicit
legal business. Rule 3.02. In the choice of a firm name, no false,
misleading or assumed name shall be used. The continued use
 Rule 138, sec. 27. A member of the bar may of the name of a deceased partner is permissible provided that
be disbarred or suspended from his office as attorney the firm indicates in all its communications that said partner is
by the SC for any… malpractice…. The practice of deceased.
soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, Rule 3.03. Where a partner accepts public office, he
constitutes malpractice. shall withdraw from the firm and his name shall be dropped
from the firm name unless the law allows him to practice law
NOTES concurrently.
(Agpalo)
Rule 3.04. A lawyer shall not pay or give anything of
 This is a prohibition on professional flaunting. value to representatives of the mass media in anticipation of, or
Examples of such are lawyers who recommend in return for, publicity to attract legal business.
their employment or the employment of a
partner, associate, or member of his legal staff to NOTES
a non-lawyer who has not sought his legal advice (Agpalo)
regarding employment of a lawyer or lawyers
who pay a person or organization to recommend  Although advertising is not really malum in se here are
or secure their employment of a client; rewards a some reasons why it is prohibited: member of honourable
person or organization for having made a profession primarily for public service; different from
recommendation that resulted in his shopkeeper who advertises to have private gain;
employment by a client. commercialises the profession, lowers public confidence,
lessens ability to render high character of service; involves
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RULE 2.04 self-praise and puffing (conscientious and ethical are at the
NO RATES OTHER THAN mercy of braggarts); assertion of fraudulent claims,
CUSTOMARILY CHARGED corruption, attacks on marital stability; may increase
lawsuits and results in needless litigation. Instead, lawyers
 Rule 2.04. A lawyer shall not charge should employ methods compatible with the traditional
rates lower than those customarily prescribed unless dignity and in the maintenance of correct professional
the circumstances so warrant. standards. Best advertising is a well-merited reputation for
professional capacity.
15
business by indirection through touters of any kind whether

 Exceptions to this rule (i.e. “advertising” which is allied real estate firms or trust companies advertising to secure
either expressly allowed or necessarily implied by the drawing of deeds or wills or offering retainers in exchange
restrictions) are the following: publication in for executorships or trusteeships to be influenced by the
reputable law list with brief biographical and lawyer. Indirect advertisement for business by furnishing or
other informative data which may include name, inspiring newspaper comments concerning the manner of their
associates, address, phone numbers, branches of conduct, the magnitude of the interests involved, the
law practised, birthday, day admitted to the bar, importance of the lawyer’s position, and all other like self-
schools and dates attended, degrees and laudation, defy the traditions and lower the tone of our high
distinctions, authorships, teaching positions, calling and are intolerable.
associations, legal fraternities and societies,
references and regularly represented clients must  Sec 46 Canon of Professional Ethics.
be published for that purpose; an ordinary, Notice of specialized service—Where a lawyer is engaged in
simple professional card; publication of simple rendering a specialized legal service directly and only to other
announcement of opening of law firm, change of lawyers, a brief, dignified notice of that fact, couched in
firm; telephone directory (but not under language indicating that it is addressed to lawyers, inserted in
designation of special branch of law); if acting as legal periodicals and like publications, when it will afford
an associate (specialising in a branch of law), may convenient and beneficial information to lawyers desiring to
publish a brief and dignified announcement to obtain such service, is not improper.
lawyers (law list, law journal); working in a public
office (which can be filled only by a lawyer); full NOTE: The explication of the Canon 3.01 refers itself back to
time position as corporate counsel; if in media, the rather outdated Canon of Professional Ethics. (Prof.
those acts incidental to his practise (ie, not his Jardeleza):
own initiative); write articles for publication
giving information upon the law (and not
 In re Tagorda (1929)
individual rights or advising through column/ TV
broadcast, lest such be considered indirect F: Tagorda was suspended for soliciting business because
advertising); if enter into other businesses (which before Tagorda’s election to the provincial board of Isabela, he
are not inconsistent with lawyer’s duties) then it used a card offering services as an attorney and a notary public
is advisable that they be entirely separate and free. The card also stated that he was a candidate for the
apart such that a layman could distinguish provincial board. After his election, he wrote a letter to the
between the two functions. barrio lieutenant informing him that we would continue his
practice as lawyer and asking that the lieutenant transmit this
RULE 3.01. information to the barrio.
NO FALSE OR UNFAIR CLAIM REGARDING
QUALIFICATIONS
H: Sec. 27 of the Code of Professional Ethics states that
the most worthy and effective advertisement possible, is the
 Rule 3.01. A lawyer shall not use or
establishment of a well-merited reputation for professional
permit the use of any false, fraudulent, misleading,
capacity and fidelity to trust. This cannot be forced but must be
deceptive, undignified, self-laudatory, or unfair
the outcome of character and conduct.
statement or claim regarding his qualifications or
legal services. Solicitation of business circulars or advertisement, or by
personal communication or interviews not warranted by
 Sec 27 Canon of Professional Ethics. personal relations is unprofessional.
Advertising, Direct of Indirect—The most worthy and
Indirect advertisement for business by furnishing or inspiring
effective advertisement possible, even for a young
newspaper comments concerning the manner of their conduct,
lawyer, and especially with his brother lawyers, is the
the magnitude of the interests involved, the importance of the
establishment of a well-meritted reputation for
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lawyer’s position, and all other like self-laudation, defy the

professional capacity and fidelity to trust. This cannot
tradition and lowers the tone of the high calling are intolerable.
be force, but must be the outcome of character and
conduct. The publication or circulation of ordinary Canon 28 further provides that it is unprofessional for a lawyer
simple business cards, being a matter of personal to volunteer advice to bring a lawsuit, except where ties of
taste or local custom, and some times of convenience blood, relationship or trust makes it his duty to do so. Stirring
is not per se improper. But solicitation of business by up strife and litigation is not only unprofessional but is
circulars or advertisements, or by personal relations is indictable at common law, and one of the penalties for this
unprofessional. It is equally unprofessional to procure offence was disbarment.
16
The law is a profession and not a business. The lawyer a daily paper, magazine, trade journal or society program (Ulep
may not sell or obtain employment himself or v. Legal Clinic, Inc.).
through others for to do so would be unprofessional.
It is destructive of the honour of a great profession. It
lowers the standards of that profession. It works  Director of religious Affairs v Bayot (1944)
against the confidence of the community and it Bayot was reprimanded for publishing an announcement in the
results in needless litigation. Sunday Tribune advertising his services in getting a marriage
license and in arranging marriages and his free legal
 Ulep v Legal Clinic (1993)
consultation for the poor.
supra at introduction
The Code of Professional Responsibility provides that
RULE 3.02
a lawyer in making known his legal services shall use
NO FALSE OR MISLEADING FIRM NAME
only true, honest, fair, dignified and objective
information or statement of facts. Lawyers should not
 Rule 3.02. In the choice of a firm name, no
resort to indirect advertisements for professional
false, misleading or assumed name shall be used. The
employment.
continued use of the name of a deceased partner is permissible
The standards of the legal profession condemn the provided that the firm indicates in all its communications that
lawyer’s advertisement of his talent, this rest on the said partner is deceased.
fundamental postulate that the practice of law is a
profession. The lawyer degrades himself and his  Dacanay v Baker and McKenzie (1985)
profession who stoops to and adopts the practices of F: Because Baker and McKenzie is an alien law firm not
mercantilism by advertising his services or offering authorized to practice law in the Philippines, the respondents
them to the public. were enjoined from using the name as it constituted a
misrepresentation.
Not all types of advertising or solicitation are
prohibited. The exceptions are of two broad
H: The respondent’s use of the firm name constitutes a
categories, those, which are expressly allowed, and
representation that being associated with Baker and McKenzie
those, which are necessarily implied from the
they could “render legal services to the highest quality to
restrictions. The first of such exceptions is the
multinational business enterprises and others engaged in
publication in reputable law lists, in a manner
foreign trade and investment.” This is unethical because Baker
consistent with the standards of conduct imposed by
& McKenzie is not authorized to practice law here.
the canons, or brief biographical and informative data
 In the Matter of the Petition for Authority to
 Khan v. Simbillo (2003) Continue Use of the Firm Name – Ozaeta, Romulo, de Leon,
F: Atty. Simbulo was found guilty for violating etc. and Petition for Authority to Continue Use of Firm Name –
Rule 2.03 and 3.02 of the Code of Professional Sycip, Salazar, Feliciano, etc. (1979)
Responsibility and sec. 27 Rule 138, of the Rules of F: Surviving partners cannot continue to use the names
Court for advertising his services in a Philippine Daily of the deceased partners. The Court held, amongst others,
Inquirer ad which read “Annulment of Marriage that…
Specialist 532-433/521-2667.” H: Continued use will run counter to Art. 1815 CC which
tacitly provides that names in a firm name of a partnership
H: The solicitation of legal business is not must be those of living partners and, in case of non-partners,
altogether proscribed. However, for solicitation to be should be living persons who can be subject to liability. The
proper, it must be compatible with the dignity of the public relations value of the use of an old firm name can create
legal profession. If it were made in a modest and undue advantage and disadvantage in the practice of the
decorous manner, it would bring no injury to the law profession.
and to the bar. The use of simple signs stating the
name or names of the lawyers, the office, and the Canon 33 does not consider the act unethical when such
SIGMA LEGIS COPY
residence address and fields of practice, as well as practice is permissible by local custom but it warns that care
advertisement in legal periodicals bearing the same should be taken to avoid deception. In the Philippines, no local
brief data and the use of calling cards are permissible. custom permits or allows the continued use of a deceased
The publication in reputable law lists in a manner partner’s name because here, the practice is to identify the
consistent with the standards of conduct imposed by more active and/or more senior members or partners of the
the canon, of brief biographical and informative data law firm.
is likewise allowed. But a lawyer may not properly
publish his brief biographical and informative data in
17
The practice is allowed in the U.S. because it is

sanctioned by custom. Here, there is no local custom  Absolutely prohibited: judges, court employees, Solicitor
allowing such. In this case, where a previous SC General, prosecution officers, President, Vice-President,
decision has laid the rule against the continued use of cabinet, deputies and assistants (cabinet), members of
a deceased partner’s name, no custom or practice, Constitutional Commissions, civil service officers whose
even if proven, can prevail. jobs require full time devotion to the government
The practice of law is intimately and peculiarly related  Legislators: not absolutely prohibited  only prohibited
to the administration of justice and should not be from appearing as counsel before court of justice, Electoral
considered like an ordinary “money-making trade.” It Tribunals, quasi-judicial, other administrative bodies 
is the essence of a profession that it is practiced in a prohibited: appearance in court and other bodies (includes
spirit of public service. A trade aims primarily at arguing, filing a pleading, including him in firm name)
personal gain; a profession at the exercise of powers
beneficial to mankind.  Local government officials: prohibited
The spirit of public service in which the profession of  Sanggunian: may, except
law is and ought to be exercised is a prerequisite of (1) civil case with LGU/ government is the adverse party;
sound administration of justice according to law. The (2) criminal case when officer of the LGU is accused in relation
two other elements, organization and pursuit of a to office;
learned art, have their justification in that they secure (3) Not collect any fee for appearance in administrative
and maintain that spirit. proceeding;
(4) not use property of government except when defending
RULE 3.03 government interest
PARTNERS ASSUMING PUBLIC OFFICE
 Civil service officers: with consent from head of
 Rule 3.03. Where a partner accepts department (written)
public office, he shall withdraw from the firm and his
name shall be dropped from the firm name unless the  *isolated case (even if prohibited): counsel for relative/
law allows him to practice law concurrently. close family friend
 Const, art. VI, sec. 14. [limitation] No  totally unauthorized to practice law: includes disbarred and
Senator or member of the House of Representative suspended  estafa!
may personally appear before any court of justice or
before the Electoral Tribunal, or quasi-judicial and  Legal remedies: injunction, declaratory relief, contempt,
other administrative bodies… disqualification, disbarment, estafa, administrative case
 Const, art. VII, sec. 13. [prohibition] The  Samonte v. Gatdula (1999)
President, Vice-President, the members of the cabinet The SC found it improper that the name of Rolando Gatdula, a
and assistants shall not, unless otherwise provided in branch clerk of court, appears on the calling card of a firm. The
this Constitution, hold any other office or Code of Conduct and Ethical Standards for Public Officials and
employment during their tenure. They shall not, Employees declares that it is unlawful for a public official or
during said tenure, directly or indirectly practice any employee to, among others: “engage in the private practice of
profession… their profession unless authorized by the Constitution or law,
provided that such practice will not conflict or tend to conflict
 Const, Art. IX, Sec. 2. [prohibition] No with official functions.”
member of a Constitutional Commission shall, during
his tenure, hold any other office or employment. RULE 3.04.
Neither shall he engage in the practice of any NO USE OF MEDIA TO ATTRACT BUSINESS
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profession…
 Rule 3.04. A lawyer shall not pay or give
NOTES anything of value to representatives of the mass media in
(Agpalo) anticipation of, or in return for, publicity to attract legal
 Public office is public trust, expected to perform business.
with highest degree of responsibility, integrity,
loyalty and efficiency, exclusive fidelity
18
 En Banc Resolution (1991) PROGRAM

Spurred by Art Borjal’s letter to CJ Fernan regarding
the live TV and radio coverage of the hearing of Ppl v  Canon 5. A lawyer shall keep abreast of legal
Beltran where Pres. Aquino took the witness stand developments, participate in continuing legal education
and Judge Makasiar’s letter of response denying that programs, support efforts to achieve highest standards in law
he had given such permission to the Presidential schools as well as in the practical training of law students and
Broadcast Staff, the SC passed the following assist in disseminating information regarding law and
resolution: “Considering the prejudice it poses to the jurisprudence.
defendant’s right to due process as well as to the fair
and orderly administration of justice, and considering NOTES
further that the freedom of the press and the right of (Agpalo)
the people to information may be served and satisfied
by less distracting, degrading and prejudicial means,  Service in the judiciary and being in the active practice of
live radio and television coverage of court law require continuing study and research on the law from
proceedings shall not be allowed. Video footages for beginning to end.
news purposes shall be restricted and limited to shots  A lawyer incurs a three-fold obligation after admission to
of the courtroom, the judicial officers, the parties and practice: To himself: to continue improving his knowledge
their counsel taken prior to the commencement of of the law: to his profession: to take an active interest in
official proceedings. No video shots or photographs the maintenance of of high standards of legal obligation; to
shall be permitted during the trial proper.” the lay public: to make the law a part of its social
consciousness
CANON 4:
PARTICIPATE IN DEVELOPMENT:  Members of the IBP, except those exempt under Rule 7 of
SUPPORT LEGAL REFORMS AND ADMINISTRATION Bar Matter No. 850 (Mandatory Continuing Legal
OF JUSTICE Education), are required every 3 years to complete at least
36 hours of continuing legal education activities, with
 Canon 4. A lawyer shall participate in appropriate penalties for failure to do so. (Agpalo)
development of the legal system by initiating reform
and in the improvement of the administration of  Bar Matter 850—Mandatory Continuing Legal
justice. Education (MCLE) ANNEXED
CANON 6:
AGPALO
CANONS APPLY TO LAWYERS IN GOVERNMENT SERVICE
(notes)
 Canon 6. These Canons shall apply to lawyers in
 While the lawyer’s task in contributing to the
government service in the discharge of their official duties.
improvement of the legal system is not a matter
of strict duty, it is a duty nevertheless that flows
from the lawyer’s sense of public responsibility. Rule 6.01. The primary duty of a lawyer in public
The improvement of the legal system cannot, prosecution is not to convict but to see that justice is done. The
however, be done by dreaming in a vacuum. The suppression of facts or the concealment of witnesses capable of
lawyer must recognize that the law is a part of establishing the innocence of the accused is highly
vast social network and whether he likes it or reprehensible and is cause for disciplinary action.
not, he has to interact with the rest of society.
Rule 6.02. A lawyer in government service shall not use
There is thus the need on the part of the lawyer
his public position to promote or advance his private interests,
to transcend the narrow limits of technical law.
nor allow the latter to interfere with his public duties.
Intricately woven is the law with the social fabric
that the legal profession cannot afford to confine Rule 6.03. A lawyer shall not, after leaving government
itself to narrowly technical legal questions. A service, accept engagement or employment in connection with
SIGMA LEGIS COPY
lawyer must broaden out and continue to grow in any matter in which he had interned.
knowledge and competence in order to be able
to make the law socially responsive. (Agpalo)  RA 6713, (Code of Conduct and Ethical Standards for
Public Officials and Employees.)Sec. 4(A) Norms of Conduct
of Public Officials and Employees.
CANON 5: (A) Every public official and employee shall observe the
PARTICIPATE IN LEGAL EDUCATION following as standards of personal conduct in the discharge
and execution of official duties:
19
(a) Commitment to public interest. - Public (f) Nationalism and patriotism. - Public officials and
officials and employees shall always uphold employees shall at all times be loyal to the Republic
the public interest over and above personal and to the Filipino people, promote the use of locally
interest. All government resources and produced goods, resources and technology and
powers of their respective offices must be encourage appreciation and pride of country and
employed and used efficiently, effectively, people. They shall endeavor to maintain and defend
honestly and economically, particularly to Philippine sovereignty against foreign intrusion.
avoid wastage in public funds and revenues. (g) Commitment to democracy. - Public officials and
(b) Professionalism. - Public officials and employees shall commit themselves to the democratic
employees shall perform and discharge their way of life and values, maintain the principle of public
duties with the highest degree of excellence, accountability, and manifest by deeds the supremacy
professionalism, intelligence and skill. They of civilian authority over the military. They shall at all
shall enter public service with utmost times uphold the Constitution and put loyalty to
devotion and dedication to duty. They shall country above loyalty to persons or party.
endeavor to discourage wrong perceptions (h) Simple living. - Public officials and employees and their
of their roles as dispensers or peddlers of families shall lead modest lives appropriate to their
undue patronage. positions and income. They shall not indulge in
(c) Justness and sincerity. - Public officials and extravagant or ostentatious display of wealth in any
employees shall remain true to the people at form.
all times. They must act with justness and
sincerity and shall not discriminate against Collantes v. Renomeron (1991)
anyone, especially the poor and the Atty Renomeron was dismissed from office because, in his
underprivileged. They shall at all times capacity as Register of Deeds, he refused to register deeds for V
respect the rights of others, and shall refrain & G Better Homes Subdivision unless the latter should either
from doing acts contrary to law, good provide him with weekly round trip tickets from Tacloban to
morals, good customs, public policy, public Manila complete with pocket money or sell on his behalf a
order, public safety and public interest. They piece of property in QC.
shall not dispense or extend undue favors on
 Misconduct as public official constitutes violation of oath
account of their office to their relatives
as lawyer. The Code of Professional Responsibility applies
whether by consanguinity or affinity except
to lawyers in gov’t service in the discharge of their official
with respect to appointments of such
tasks (Canon 6) and forbids a lawyer from unlawful conduct
relatives to positions considered strictly
(1.01). Also note that a lawyer shall not delay any man’s
confidential or as members of their personal
cause for any corrupt motive or interest (1.03)
staff whose terms are coterminous with
theirs.
RULE 6.01.
(d) Political neutrality. - Public officials and
PRIMARY DUTY: THAT JUSTICE IS DONE
employees shall provide service to everyone
without unfair discrimination and regardless
of party affiliation or preference.  Rule 6.01. The primary duty of a lawyer in
(e) Responsiveness to the public. - Public public prosecution is not to convict but to see that justice is
officials and employees shall extend prompt, done. The suppression of facts or the concealment of witnesses
courteous, and adequate service to the capable of establishing the innocence of the accused is highly
public. Unless otherwise provided by law or reprehensible and is cause for disciplinary action.
when required by the public interest, public
officials and employees shall provide
NOTES
information of their policies and procedures
in clear and understandable language, (Agpalo)
ensure openness of information, public
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In General
consultations and hearings whenever
 A public prosecutor is a quasi-judicial officer who
appropriate, encourage suggestions, simplify
represents, not an ordinary party to a controversy, but a
and systematize policy, rules and
sovereignty. This sovereignty has its obligation to govern
procedures, avoid red tape and develop an
impartially. Therefore, the interest in a criminal
understanding and appreciation of the socio-
prosecution is not that it shall win a case but that justice
economic conditions prevailing in the
shall be done.
country, especially in the depressed rural
and urban areas.
20
 The public prosecutor owes the State, the court,  However, a prosecutor enjoys the presumption that he is
and the accused the duty to lay before the court learned in the law, that he has high morality, and that he
the pertinent facts at his disposal with had performed his duties with impartiality.
methodical and meticulous attention. He should
clarify contradictions and fill up gaps in his Role of a private prosecutor:
evidence so that there would be no doubt in the  The general rule is that an offended party has the right to
court’s mind. intervene in the prosecution of a crime except in the
following instances (Section 16 of Rule 110 of the Rules of
 Prosecutors should avoid giving the impression Court in connection with Section 5):
that their office is being used for political ends or 1. When from the nature of the crime and the law
for other purposes that contravene the objective defining and punishing it no civil liability arises his
of serving justice impartially regardless of who favor;
the litigants are. The image of impartiality is 2. When he has waived his right to civil indemnity or has
achieved by strict adherence to the established expressly reserved his right to institute a civil action or
procedures. he has already instituted such action.
 A prosecutor should prosecute with earnestness  The role of the private prosecutor is to represent the
and vigor but must keep in mind that the primary offended party with respect to the civil action for the
objective is not to win but to serve justice: Guilt recovery of civil liability arising from the offense.
shall not escape nor innocence suffer.
 His/her duty does not include demanding punishment. If
The public prosecutor should not… the case is dismissed, the private prosecutor may not file a
 use improper methods calculated to produce a motion for reconsideration. Such a duty belongs solely to
wrongful conviction (to use legitimate means to the public prosecutor.
bring about just ones);
 The offended party may not withdraw the civil case already
 offer proof of accused’s guilt illegally acquired; filed so that he/she can intervene in the criminal case.
suppress facts nor conceal witnesses capable of
establishing the innocence of the accused;  The offended party’s standing in a criminal case is only that
of a witness once a separate civil case is filed.
 consent to any undue delay in the prosecution;
deprive a person of his statutory or legal rights; Subject to Control of Public Prosecutor
assert his personal knowledge of a crime (he  Intervention by a private lawyer is subject to prosecutor’s
must withdraw as a prosecutor and take the control.
witness stand to be cross-examined);
 The public prosecutor is required to be present the
 assist in the escape of a prisoner; proceedings and must at any time take over the conduct of
the trial from the private prosecutor.
 institute a criminal action to force settlement of a
case;  The prosecutor’s presence is necessary for the validity of
evidence to be presented as an evidence of the People of
 agree to refrain form prosecuting a person in the Philippines.
consideration of a reward;
 This applies only to court which are provided by law with
 receive money from dismissing a complaint; their own prosecutors, and not to municipal courts which
induce an accused to plead guilty; have no trial prosecutors.
 
SIGMA LEGIS COPY
willfully fail to prosecute violations of law or lose HOWEVER, the Supreme Court has amended Sec. 5, Rule
records thereof; have a secret law partner with 110 of the Rules of Court (effective May 1, 2002): “in case
whom he divides the fees; of heavy work schedule or in the even of lack of public
prosecutors, a private prosecutor may be authorized in
 hesitate to recommend to the court the writing by the Chief Prosecution Office or the Regional
accused’s acquittal if the evidence in his State Prosecutor to prosecute the case subject to the
possession shows that the accused is innocent. approval of the court. The authority may be revoked or
withdrawn.” A private prosecutor, being under the
21
direction and control of the public prosecutor 5 cases into 1 criminal case because the said cases arose out of
may not take a stand different from that of the the same incident and motivated by one impulse. Judge Pineda
latter. granted the petition and ordered the other 4 cases to be
dropped. The City Fiscal disagreed with the finding of the judge.
 When a public prosecutor should take over
handling of case. A public prosecutor should not H: The benefit of the doubt belongs to the prosecuting
allow the trial in the hands of a private attorney. The prosecuting attorney is under no compulsion to
prosecutor to degenerate into a private file a particular criminal information where he is not convinced
prosecution (turns out to be a gratification of that he has evidence to prop up the averments thereof, or that
private malice or the accomplishment of a private the evidence at hand points to a different conclusion. But we
gain or advantage) must have to recognise that a prosecuting attorney should not
be duly compelled to work against his conviction. We should
give him the benefit of the doubt. The prosecuting attorney,
 Suarez v Platon (1940)
being the one charged with the prosecution of offences, should
F: Lt. Orais arrested and incarcerated Atty. Suarez for determine the information to be filed and cannot be controlled
uttering seditious words. The following day, he by the offended party. The impact of Judge Pineda’s order is
moved for the dismissal of the case against Suarez on that his judgment substitutes the prosecutor’s on the matter of
the motion of his superior. Suarez charged Orais with what crime is to be filed in court. Nevertheless, a judge may,
illegal detention. Judge Platon, however, dismissed by a relief in equity, stop a purported enforcement of criminal
the case on the basis of the public prosecutor’s law where
recommendation of such. The SC upheld Platon’s (1) it is needed for the orderly administration of justice,
decision. (2) to prevent the use of the strong arm of the law in an
oppressive and vindictive manner,
H: (Laurel J.) We cannot overemphasize the necessity
(3) to avoid multiplicity of actions,
of close scrutiny and investigation of prosecuting
(4) to afford adequate protection to constitutional rights and
officers of all cases handled by them, but whilst this
(5) because the statute relied upon is unconstitutional or was
court is averse to any form of vacillation by such
held invalid.
officers in the prosecution of public offenses, it is
unquestionable that they may in appropriate cases, in
The present case does not fall under any of these exceptions,
order to do justice and avoid injustice, reinvestigate
thus the order of the judge must be set aside.
cases in which they have already filed the
corresponding informations. In the language of
Justice Sutherland of the SC of the US, the RULE 6.02
prosecuting officer “is the representative not of an NOT TO USE PUBLIC POSITION FOR
ordinary party to a controversy, but of a sovereignty PRIVATE INTEREST
whose obligation to govern impartially is as  Rule 6.02. A lawyer in government service shall
compelling as its obligation to govern at all; and not use his public position to promote or advance his private
whose interest, therefore, in a criminal prosecution is interests, nor allow the latter to interfere with his public duties.
not that it shall win a case, but that justice shall be
done. As such, he is in a peculiar and very definite
sense the servant of the law, the twofold aim of NOTES
which is that guilt shall not escape or innocence
(Agpalo)
suffer. He may prosecute with earnestness and
vigor—indeed, he should do so, But, while he may
strike hard blows, he is not at liberty to strike foul  This rule applies to lawyers in government service, who are
ones. It is as much his duty to refrain from improper allowed by law to engage in private law practice and to
methods calculated to produce a wrongful conviction those who, though prohibited from engaging in the
as it is to use every legitimate means to bring about a practice of law, have friends, former associates, and
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just one. relatives who are in the active practice of law.
 The lawyer must not use his public office to further his law
 People v Pineda (1967)
practice. He should not accept any private legal business in
F: Narbasa, Alindo and Borres stood indicted as
conflict with his official duties and if such a case arises he
principals in 5 separate cases for murder and
must terminate his professional relationship, explaining to
frustrated murder. 5 separate informations were filed
his client that his public duty must prevail.
by the prosecuting attorney from his investigation. 2
of the 3 defendants moved for a consolidation of the
22
 If he is prohibited from practicing his profession, profession who does not even take care that his honor remains
he must not do so indirectly by being a silent unsullied.
partner in a law firm or by securing legal business
for a friend or a former associate in the active
 Vitriolo v. Dasig (1973)
practice of law, and receiving a share in the fees
H: The SC disbarred Atty. Felina Dasig, the OIC of the Legal
for his effort.
Affairs Service of CHED, for making unlawful demands to extort
money from certain people who had pending applications in
 The following principles complement the code of her office for correction of names; filing 11 baseless,
conduct (Public officials shall NOT): groundless, and unfounded suits against the complainants of
 own, control, manage or accept employment the case; willfully failing to pay her debts as evidenced by the
as officer, employee, consultant, counsel, dishonest checks she issued; instigating the commission of a
broker, agent, trustee or nominee in any crime where she allegedly encouraged her son, a jail warden, to
private enterprise regulated, supervised or shoot the Cornacions; sending to Pres. Estrada libelous and
licensed by their office unless expressly unfair reports which were designed to prevent the
allowed by law; reappointment of the 11 CHED directors and with the end view
 engage in the private practice of their of securing one for her. Generally speaking, a lawyer who holds
profession unless authorized by the a government office may not be disciplined as a member of the
constitution or law (will not conflict with Bar for misconduct in the discharge of his duties as government
his/her official functions); official. However, if said misconduct as a government official
 recommend any person to any position in a also constitutes a violation of his oath as a lawyer then he may
private enterprise which has a regular or be disciplined by this Court as a member of the Bar. The
pending official transaction with their office; Attorney’s Oath is the source of obligation and duties of every
and lawyer and any violation thereof is a ground for disbarment,
 use or divulge confidential information suspension, or other disciplinary action. Respondent’s demands
officially known to them by reason of their for sums of money to facilitate the processing of pending
office (not available to the public) to further applications before her office violates such duty and runs afoul
private interest, to give undue advantage of the oath she took when admitted to the Bar. A member of
anyone or to the prejudice of public interest. the Bar who assumes public office does not shed his
professional obligation. The CPR was not meant to govern the
 Misamin v San Juan (1976) conduct of private petitioners alone, but of all lawyers including
those in government service. Lawyers in government are public
F: Atty. San Juan, a captain of the MM Police force servants who owe the utmost fidelity to the public service. Thus
and a member of the bar was charged with coercing they have to be mores sensitive in the performance of their
an employee, Misamin, to agree to drop charges filed professional obligations. Respondent’s attempts to extort
against his employer Tan Hua for violation of the money from persons with applications or requests pending
Minimum Wage Law. The Case was dismissed for lack before her office are violative of Rule 1.01 which prohibits
of evidence. lawyers from engaging in any unlawful, dishonest or deceitful
H: While the charges have to be dismissed, still it acts. These acts also constitute a breach of rule 6.02 which bars
would not be inappropriate for respondent to avoid lawyers in government service from promoting their private
all appearances of impropriety. Certainly, the fact interests. A lawyer in public service is a keeper of public faith
that the suspicion could be entertained that far from and is burdened with a high degree of social responsibility,
living true to the concept of a public officer being a perhaps higher than her brethren in private practice.
public trust, he did make use not so much of
whatever legal knowledge he possessed, but the RULE 6.03.
influence that laymen could assume was inherent in NOT TO ACCEPT EMPLOYMENT AFTER GOVERNMENT SERVICE
the office held not only to frustrate the beneficent
statutory scheme that labor be justly compensated

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but also to be at the beck and call of what the Rule 6.03. A lawyer shall not, after leaving
complainant called alien interest, is a matter that government service, accept engagement or employment in
should not pass unnoticed. Respondent, in his future connection with any matter in which he had interned.
actuations as a member of the bar, should refrain
from laying himself open to such doubts and  RA 3019, Sec. 3(d) (Anti-Graft and Corrupt Practices
misgivings as to his fitness not only for the position Act). In addition to acts or omissions of public officers already
occupied by him but also for membership in the bar. penalized by existing law, the following shall constitute corrupt
He is not worthy of membership in an honorable practices of any public officer and are hereby declared to be
23
unlawful: (d) Accepting or having any member of his  “Any matter” and “he had intervened” in Rule 6.03 are very
family accept employment in a private enterprise broad terms which include any conceivable subject in
which has pending official business with him during which he acted in his official capacity.
the pendency thereof or within one year after its
termination.  PNB v Cedo (1995)
Atty. Cedo was found guilty of violating 6.O3 for handling a case
 RA 6713, Sec. 7(b). In addition to acts and involving transactions he had handled for his previous
omissions of public officials and employees not employer, PNB. The Rule on Conflicting Interests applies.
prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and Chapter 2
transactions of any public official and employee and The Lawyer and the Legal Profession
are hereby declared to be unlawful: (b) Outside
employment and other activities related thereto.— CANON 7:
Public officials and employees during their UPHOLD THE DIGNITY AND INTEGRITY OF THE PROFESSION
incumbency shall not:
1) Own, control, manage or accept employment as  Canon 7. A lawyer shall at all times uphold the
officer employee, consultant, counsel, broker, integrity and dignity of the legal profession and support the
agent, trustee or nominee / in any private activities of the integrated bar.
enterprise regulated, supervised or licensed by
their office / unless expressly allowed by law; Rule 7.01. A lawyer shall be answerable for knowingly
2) Engage in the private practice of their profession making a false statement or suppressing a material fact in
unless authorized by the Constitution or law, connection with his application for admission to the bar.
provided that such practice will not conflict or
tend to conflict with their official functions; or Rule 7.02. A lawyer shall not support the application for
3) Recommend any person to any position in a admission to the bar of any person known by him to be
private enterprise which has a regular or pending unqualified in respect to character, education, or other relevant
official transaction with their office. attribute.
These prohibitions shall continue to apply for a period Rule 7.03. A lawyer shall not engage in conduct that
of 1 year after resignation, retirement or separation adversely reflects on his fitness to practice law, nor shall he,
from public office, / except in case of subparagraph whether in public or private life, behave in a scandalous
(2) above, / but the professional concerned cannot manner to the discredit of the legal profession.
practice his profession in connection with any matter
before the office he used to be with, / in which case NOTES
the one year prohibition shall likewise apply. (Agabin)
 RA 910 Sec. 1 (condition of pension). No  Maintenance by the bar of a high standard of legal
retiring justice or judge of a court of record or city or proficiency as well as honesty and fair dealing is a
municipal judge during the time that he is receiving prerequisite to making the bar an effective instrument in
said pension shall appear as counsel in any court in the proper administration of justice.
any civil case where in the govt. or any of its
subdivisions or instrumentalities is an adverse party,  But the bar can only be as reputable as its members hence,
in a criminal case were an officer or employee of the it is necessary that every lawyer should strive at all times to
govt. is accused of an offense related to his official uphold the honor and maintain the dignity of the legal
function, or collect any fee for his appearance in any profession and to improve not only the law but the
administrative proceedings to maintain an interest administration of justice as well.
adverse to the govt.

SIGMA LEGIS COPY
More than just paying IBP Membership dues, a lawyer

NOTES should help achieve objectives and purposes of the IBP,
(Agpalo) i.e.,
 assist in the administration of justice;
 The restriction in Rule 6.02 extends beyond  foster and maintain on the part of its members high
his/her tenure on certain matters in which he has ideals of integrity, learning, professional competence,
intervened as a public official. public service and conduct;
 safeguard the professional interests of its members;
24
 cultivate among its members a spirit of

cordiality and brotherhood;  Santos v. Llamas (2000)
 provide a forum for the discussion of law, F: The SC suspended from nonpayment of IBP dues and
jurisprudence, law reform, pleading, practice for using the same IBP O.R. Nos. and data for 3 years. Sanots
and procedure and the relations of the bar justified his nonpayment of IBP dues by claiming that he had a
thereto; encourage and foster legal limited practice of law, being a farmer by occupation, and that
education; since 19992, he is exempt from payment of taxes as a senior
 promote a continuing program of legal citizen.
research in substantive and adjective law,
and make reports and recommendations H: In accordance with Sections 9 and 10 of Rule 139-A ROC,
thereon. Llamas can engage in the practice of law only by paying his
dues, and it does not matter if his practice is “limited.” While it
 In re: 1989 Election of the IBP (1989) is true that RA 7432 section 4 grants senior citizens “exemption
F: The SC annulled the IBP Elections and from payment of individual income taxes: provided, that their
ordered the holding of special elections and declared annual taxable income does not exceed the poverty level as
the candidates in the June 3, 1989, as ineligible for determined by NEDA for that year,” the exemption does not
any IBP position in the special elections. The Court include payment of membership or association dues.
based its conclusion upon the following findings:
prohibited campaigning and solicitation of votes by  Re: 2003 Bar Examinations (2004)
the candidates; use of PNP plane in the campaign of F: After a rumored leakage concerning the mercantile bar exam
Atty. Drilon; formation of tickets and single slates; of 2003, the SC spread out the weight of mercantile law among
giving free transportation of out-of-town delegates the remaining 7 subjects. An investigation into the matter
and alternates; giving free hotel accommodations, revealed that 75% of the questions on mercantile law were
food, drinks, entertainment to delegates; prepared by bar examiner Atty. Marcial Balgos. 25% were
campaigning by labor officials for Atty. Drilon (her prepared by Justice Vitug. Those questions prepared by Justice
husband is the Labor Secretary); paying the dues of Vitug were not among the leaked questions. Bar examiner
other indebtedness of any member (sec. 14(e) IBP By- Atty. Balgos explained that he prepared the test questions for
Laws); distribution of materials other than bio-data of that subject using his personal computer but that he does not
not more than one-page of legal size sheet of paper know how to use his PC, except to type on it. His private
(Sec. 14(a), IBP By-laws); causing distribution of such secretary turns his PC on and shuts it down for him. Only two
statement to be done by persons other than those people know the PC’s password—his secretary and the office
authorized by the officer presiding at the election manager Silvestre Atienza (2nd year student at MLQU). Atty.
(Sec. 14 (b), IBP By-Laws); inducing or influencing a Balgos thought that he alone could access his PC and was
member to withhold his vote, or to vote for or against surprised to find that it was fact interconnected with the other
a candidate (Sec. 14 (e), IBP By-Laws). computers in the law office. Atty. Balgos found out that
Atienza was responsible for interconnecting Atty. Balgo’s PC
H: The basic postulate of the IBP is that it is without the latter’s permission. Atienza is a member of the
non-political in character and that there shall be no Beta Sigma Lambda fraternity in MLQU. He said that he
lobbying nor campaigning in the choice of the IBP participated in his fraternity’s bar-ops but only in bringing food
Officers. The fundamental assumption is that the to the examinees. Another member of the fraternity and of the
officers would be chosen on the basis of professional law firm, Atty. Danilo De Guzman, admitted that he
merit and willingness and ability to serve. The downloaded the test questions from Atty. Balgo’s PC and faxed
candidates and many of the participants in the a copy to his fraternity brother.
election process not only violated the By-Laws of the
IBP but also the ethics of the legal profession which H: Atty. de Guzman’s act of downloading the test questions
imposes on all lawyers, as a corollary of their from Atty. Balgo’s PC without the latter’s knowledge and
obligation to obey and uphold the constitution and permission was a criminal act of larceny. It was theft of
the laws, the duty to “promote respect for law and intellectual property. He transgressed the very first canon of
SIGMA LEGIS COPY
legal processes” and to abstain from “activities aimed the Lawyer’s Code of Professional Responsibility which provides
at defiance of the law or at lessening confidence in that a lawyer shall obey the laws of the land. By transmitting
the legal system.” (Rule 1.02) The unseemly ardor and distributing the stolen questions to his fraternity brothers,
with which the candidates pursued the presidency of he had given them undue advantage over the other examiners.
the association detracted from the dignity of the legal He has violated canons 1.01 and 7 of the CPR. He is guilty of
profession. The spectacle of lawyers bribing or being grave misconduct unbecoming a member of the Bar. He had
bribed to vote did not uphold the honor of the impaired public respect for the court and damaged the integrity
profession nor elevate it in the public’s esteem. of the bar examinations as the final measure of a law
25
graduate’s academic preparedness to embark in the member. The compulsory nature of payment of dues subsists
practice of law. for as long as one’s membership in the IBP remains, regardless
of the extent of practice of a lawyer. There is no exemption. As
All this could have been avoided had Atty. Balgos pointed out by IBP, Atty. Arevalo could have informed the Sec.
exercised due diligence in safeguarding the secrecy of of the Bar of his intention to stay abroad, in which case his IBP
the test questions. He relied too much on his membership could have been terminated and oblig to pay
secretary. He should have typed the test questions annual dues discontinued. Citing In re Atty. Marcial Edillon: The
using his typewriter in the privacy of his own home. practice of law is not a property right but a mere privilege, and
Atty. Balgo’s negligence in the preparation and safe- as such must bow to the inherent regulatory power of the court
keeping of his proposed test questions was not the to exact compliance with the lawyer’s public responsibilities.
proximate cause for the leakage, it was the root Membership in the bar is a privilege burdened with conditions,
cause. one of which is the payment of membership dues.
The SC recommended that Atty. de Guzman be

7.01
disbarred for being morally unfit to continue as a
NO FALSE STATEMENT
member of the legal profession, grave dishonesty,
lack of integrity and criminal behavior and found that
 Rule 7.01 A lawyer shall be answerable for
he should make a written public apology and pay
knowingly making a false statement or suppressing a material
damages to the Supreme Court. Atty Balgos was
fact, in connection with his application for admission to the bar.
likewise reprimanded and required to make a written
apology.
NOTES
(Agpalo)
 Letter of Atty. Cecilio Arevalo (2005)
F: The SC turned down Atty Arevalo’s request for
 Observance of the duties and responsibilities of a lawyer
exemption from IBP dues amounting to P12,035 for
begins even as a law student. A student’s failure to live up
the period 1977-2005 explaining that after joining the
to them may be a ground for SC to refuse admission to
Philippine Bar in 1961, he became part of the Civil
practice or for disbarment should SC learn later on about
Service (hence, he could not be assessed his IBP dues
his/her transgressions.
having been prohibited from practice of law while in
government service) and in 1986, he migrated to the
RULE 7.02
US where he worked.
NOT TO SUPPORT UNQUALIFIED BAR APPLICANT
H: Organized by or under the direction of the State,
 Rule 7.02. A lawyer shall not support the application for
an Integrated Bar is an official national body of which
admission to the bar of any person known by him to be
all lawyers are required to be members—they are,
unqualified in respect to character, education, or other relevant
therefore subject to all the rules prescribed for the
attribute.
governance of the Bar, including the payment of a
reasonable annual fee for the effective discharge of
NOTES
the purposes of the Bar, and adherence to a code of
(Agpalo)
professional ethics or professional responsibility. The
integration of the Phil. Bar means the unification of
 A lawyer should not readily execute an affidavit of good
the entire lawyer population requiring membership
moral character in favor of an applicant who has not live up
and financial support of every attorney as condition
to the standard set by law.
sine qua non to the practice of law and the retention
of his name in the Roll of Attorneys of the SC. Bar
integration does not compel the lawyer to associate.  He should volunteer information or cooperate in any
investigation concerning alleged anomaly in the bar
The only compulsion is the payment of annual dues examination. This is to help guard the profession from
SIGMA LEGIS COPY
which, the SC, in order to foster the State’s legitimate candidates who are unfit or unqualified.
interest in elevating the quality of professional legal
services, may require to be shared by all the subjects  He should expose without fear or favor before the SC
and beneficiaries – the lawyers. The fee is a corrupt or dishonest conduct in the profession and should
regulatory measure not barred by the Constitution. not hesitate to accept professional employment against a
The only limitation is that the regulation should not lawyer who has wronged his client.
impose an unconstitutional burden. The public
interest far outweighs the slight inconvenience to a RULE 7.03
26
NO CONDUCT ADVERSELY AFFECTING proceeding, it is immaterial that the complainant is aware of his
THE PROFESSION marital status or that he was not caught in pair delicto because
this is not a proceeding to grant relief to the complainant but
 Rule 7.03. A lawyer shall not engage one to purge the law profession of unworthy members, to
in conduct that adversely reflects on his fitness to protect the public and the court. Possession of good moral
practice law nor shall he, whether in public or private character is not only a condition precedent to admission to the
life, behave in a scandalous manner to the discredit of legal profession, but its continued possession is essential to
the legal profession. maintain one’s good standing in the profession. Complainant’s
admission to practice merely creates a rebuttable presumption
NOTES that he has all the qualifications to become a lawyer.
(Agpalo)
CANON 8
 The best way a lawyer can uphold the integrity COURTESY, FAIRNESS AND CANDOR
and dignity of the legal profession is not to TOWARDS PROFESSIONAL COLLEAGUES
engage in any conduct or do any act that
adversely reflects on his fitness to practice law,  Canon 8. A lawyer shall conduct himself with
nor to behave, in his public or private life, in a courtesy, fairness, and candor toward his professional
scandalous manner to the discredit of the legal colleauges, and shall avoid harassing tactics against opposing
profession. (it can be likened to a shield in counsel.
defense of rights and to ward off wrong)
 Zaguirre v. Castillo (2003) Rule 8.01. A lawyer shall not, in professional dealings,
F: Zaguirre and Castillo were officemates at the NBI. use language which is abusive, offensive or otherwise
Zaguirre said that Castillo represented himself to be improper.
single, courted her and promised marriage. Soon they
had intimate relations and Zaguirre became pregnant. Rule 8.02. A lawyer shall not, directly or indirectly,
During their affair, Castillo was preparing for the bar encroach upon the professional employment of another
exam which he passed. Only after Castillo was lawyer; however, it is the right of any lawyer, without fear or
admitted to the Bar, did Zaguirre learn that he was favor, to give proper advice and assistance to those seeking
married. She presented an affidavit executed by relief against unfaithful or neglectful counsel.
Castillo, who by now is a lawyer admitting his
relationship with her and recognizing the baby she NOTES
was carrying as his. However, when she gave birth, (Agpalo)
Castillo refused to recognize the child and to give her
any form of support. Castillo denied all her allegations  Observance of honorable, candid and courteous dealings
and said that what transpired between them was with other lawyers and fidelity to known and recognized
nothing but mutual lust and desire. He admitted that customs and practices of the bar that make the practice of
he executed the affidavit but explained that he only law a profession are among the obligations of a lawyer.
did so to save Zaguirre from embarrassment. He
offered the defense that he was not caught in  Candor, fairness and truthfulness should characterize the
flagrante delicto and he sought understanding from conduct of a lawyer with other lawyers.
the court by pointing out that “men by nature are
polygamous.” The SC indefinitely suspended him from  A lawyer’s duty is to restrain client from improprieties and
the practice of law for gross immoral conduct. (He to terminate relation with him/her should the latter
was not disbarred because Court took notice of the persist.
fact that he severed his ties with Zaguirre and now
lives with his wife and children.)  A lawyer should not avoid performance of an agreement
fairly made because it is not reduced to writing. He should
H: Respondent repeatedly engaged in sexual congress
SIGMA LEGIS COPY
not take advantage of the excusable unpreparedness or

with a woman not his wife and refuses to recognize absence of counsel during the trial of a case. Nor should he
and support a child whom he previously recognized make use, to his or to his client’s benefit, the secrets of the
and promised to support. Clearly therefore, he adverse party acquired thru design or inadvertence.
violated the standards of morality required of the
legal profession and should be disciplined accordingly.
 A lawyer who thinks a case is weak may not criticize the
Atty. Castillo’s defenses are not feasible. What is in
lawyer who accepts it, much less should he attribute to
question in a case like this is respondent’s fitness to
him/her evil motive for taking up the client’s cause. Such
be a member of the legal profession. In a disbarment
27
action is not only immaterial but betrays lack of Whatever ill-feelings between clients should not influence
understanding of atty’s duties to client. counsel in their conduct and demeanor toward each other.
 Although respect and confidence is due to every  The fact that one of the lawyers conducts him/herself
colleague, it is not improper for a lawyer to honor improperly does not relieve the other from professional
the just claim of a layman against another lawyer obligation in his relation with him/her.
because such act is a mere honest effort to serve
the interest of his/her client.  The highest reward that can come to a lawyer is the
esteem of his/her brethren. It is won in unique conditions
 Camacho v. Pangulayan (2000) and is a tribute to exceptional power controlled by
F: The counsel [our very own Prof. Manuel Camacho] conscience and a sense of public duty—to a knightly
of expelled AMA students filed this complaint against bearing and valor in the hottest of encounters.
the lawyers comprising the Pagulayan and Associates
Law Office for procuring without his knowledge RULE 8.01
compromise agreements during the civil case NOT TO ENCROACH ON
involving the students and the school. The PROFESSIONAL EMPLOYMENT
agreements required the students to waive all kinds
of claims they might have against AMA and to  Rule 8.02. A lawyer shall not, directly or
terminate all civil, criminal and administrative indirectly, encroach upon the professional employment of
proceedings filed against it. The students also wrote another lawyer; however, it is the right of any lawyer, without
letters of apology. Atty. Pagulayan admits that only fear or favor, to give proper advice and assistance to those
he participated in the formulation and execution of seeking relief against unfaithful or neglectful counsel.
the various Re-Admission Agreements complained of.
He alleges however that the agreements had nothing NOTES
to do with the civil case but were purely Agpalo
administrative. The SC suspended Atty. Pangulayan
from the practice of law for 3 months.  A lawyer should not steal the other lawyer’s client nor
induce the latter to retain him by promise of better service,
H: The IBP found that Atty. Pagulayan was aware that good result or reduced fees for his services. Neither should
when the letters of apology and Re-Admission he disparage another, make comparisons or publicize his
Agreements were formalized, the complainant was talent as a means to further his law practice.
already the counsel for the students in the civil case
but that he still proceeded to negotiate with the  He may accept employment to handle a matter previously
students and their parents without at the very least handled by another lawyer, provided that the other lawyer
communicating the matter to their lawyer. His failure has been given notice of termination of service. Without
is an inexcusable violation of the canons of such notice, he shall only appear once he has obtained
professional ethics and an utter disregard of a duty conformity or has, at the very least, given sufficient notice
owing to a colleague. His defense that the of contemplated substitution. A lawyer’s appearance in the
agreements were purely administrative does not hold case without notice to the first lawyer amounts to an
because the manifestation stated that the students improper encroachment upon the professional
shall drop all civil, criminal and administrative employment of the original counsel.
proceedings against AMA.
 The purpose is for the original lawyer to assert his/her right
RULE 8.01 but the latter cannot insist that the new lawyer refuse
NO ABUSIVE AND IMPROPER LANGUAGE employment in the matter merely because he claims the
termination of his services is a breach of contract. To do so
 Rule 8.01. A lawyer shall not, in would be to deny litigant of the right to be represented at
professional dealings, use language which is abusive, all times of his counsel of choice.
SIGMA LEGIS COPY
offensive or otherwise improper.

 A lawyer should not, in the absence of the adverse party’s
NOTES counsel, interview the adverse party and question him as
Agpalo to the facts of the case even if the adverse party was
willing to do so. Neither should he sanction the attempt of
 “Do as adversaries do in law: strive mightily but his client to settle a litigated matter with the adverse party
eat and drink as friends” should characterize the without the consent or knowledge of the latter’s counsel.
relationship between opposing counsel in a case. (cf. Canon 9)
28
by law may only be performed by a member of the Bar in good

 A client’s proffer of assistance of additional standing.
counsel should not be regarded as evidence of
want of confidence but the matter should be left Rule 9.02. A lawyer shall not divide or stipulate to divide
to the determination of the client. The 2nd lawyer a fee for legal services with persons not licensed to practice
should communicate with the 1st before making law, except:
an appearance. Should the 1 st lawyer object, he 3. Where there is a pre-existing agreement with a partner or
should decline association but if the 1st lawyer is associate that, upon the latter’s death, money shall be paid
relieved, he may come into the case. over a reasonable period of time to his estate or to persons
specified in the agreement; or
 When there is conflict of opinions between two 4. Where a lawyer undertakes to complete unfinished or legal
lawyers jointly associated in a case, the client business of a deceased lawyer; or
should decide. The decision should be accepted 5. Where a lawyer or law firm includes non-lawyer employees
unless the nature of the difference makes it in a retirement plan, even if the plan is based in whole or in
impracticable for the lawyer whose judgment has part, on profit-sharing arrangement.
been overruled to cooperate effectively. In this
event, it is his/her duty to ask client to relieve  Aguirre v. Rana (2003)
him/her. F: Edwin Rana passed the 2000 Bar Examinations but was
denied admission after it was found that he appeared as
 Laput v. Remotigue (1962) counsel for a candidate in the May 2001 elections before the
F: The SC dismissed the charges of Atty. Laput Municipal Board of Election Canvassers of Mandaon, Masbate
that the respondents nursed the desire of his former where he even filed a pleading representing himself as “counsel
client to replace him. for and in behalf of Vice Mayoralty candidate George Bunan.”
H: The solicitor general found that before H: To engage in the practice of law is to perform acts
respondents filed their appearance, the client had which are usually performed by members of the legal
already filed with the court a pleading discharging the profession. Generally, to practice law is to render any kind of
complainant. The fact that complainant was not able service which requires theuseof legal knowledge or skill. Rana
to get a copy was not the fault of respondents. Also, was engaged in the practice of law when he appeared in the
it was found that Mrs. Barrera dismissed complainant proceedings before the MBEC and filed various pleadings
as lawyer because she no longer trusted him because without license to do so. Respondent has shown moral
she found out that some checks were sent to the unfitness to be a member of the Philippine Bar. Rana’s having
complainant instead of her and that several passed the bar and taking the oath does not make him a
withdrawals were made by complainant in her lawyer. It is the signing in the Roll of Attorneys that finally
account without her permission. makes one of a full-fledged lawyer. The fact that Rana passed
the bar is immaterial. Passing the bar is not the only
There is no irregularity in the appearance of qualification to become an attorney-at-law.
respondents as counsel. Complainants’ withdrawal
and his filing of a motion for the payment of his  OCA v. Ladaga (2001)
attorney’s fees estop him from now complaining that F: The SC sternly reprimanded Atty. Ladaga, Branch Clerk
the appearance of respondent Patlinghug is of Court the RTC of Makati, for practicing law without prior
unprofessional. As for the respondents, they only permission when he appeared as pro bono counsel for his
entered their appearance after Mrs. Barrera had cousin. Atty. Ladaga had actually requested the Court
dispensed of the complainant’s services and after the Administrator for authority to appear but nonetheless
petitioner had voluntarily withdrawn. appeared before authorisation could be given.
CANON 9 H: Private practice does not pertain to an isolated court

UNAUTHORIZED PRACTICE OF LAW appearance; rather, it contemplates a succession of acts of the
SIGMA LEGIS COPY
same nature habitually or customarily holding one’s self to the

 Canon 9. A lawyer shall not, directly public as a lawyer. It is evident that the isolated instances
or indirectly, assist in the unauthorized practice of when Misael appeared as pro bono counsel of his cousin do not
law. constitute the “private practice” of the law profession
contemplated by law. Nonetheless, though his appearances do
Rule 9.01. A lawyer shall not delegate to any not amount to private practice, he still failed to obtain a written
unqualified person the performance of any task which permission from the head of the Department as required by the
29
Revised Civil Service Rules (No officer or employee practice of law, either alone or as associated with a practicing
shall engage directly in any private business, vocation attorney under a firm name.
or profession…).
 Sps. Suarez. v. Salazar (1999) RULE 9.01

F: Atty. Filemon Manangan was hired by the NOT TO DELEGATE WORK
petitioners as their counsel. In 1990, the SC found him
to be in reality Andres Culanag who is not a member  Rule 9.01. A lawyer shall not delegate to any
of the Philippine Bar. At the hearing for this motion, unqualified person the performance of any task which by law
Manangan admitted that he is not a lawyer entitled to may only be performed by a member of the Bar in good
practice law in the Philippines and that despite the standing.
previous decision of the Court he continued to
misrepresent himself to be an attorney-at-law. The SC NOTES
declared him guilty of indirect contempt and (Agpalo)
sentenced him to 3 months imprisonment.
 Can employ secretaries, investigators, detectives,
H: [unnecessary] researches as long as they are not involved in the practice
of law (e.g., not “writing” pleadings, appearing in court,
 Alawi v Alauya (1997) etc.)
F: Alauya, a member of the Shari’a Bar used the
title of “attorney”. NOTES
(Jardeleza)
H: The title of “attorney” is reserved to those
who, having obtained the necessary degree in the  May a lawyer delegate a case to another lawyer within the
study of law and successfully taken the Bar same firm? If a client has specified the services of one
Examinations, have been admitted to the IBP and particular attorney, then the case may not be delegated.
remain members thereof in good standing, and it is Otherwise, it may be delegated.
they only who are authorized to practice law in this
jurisdiction. RULE 9.02
NOT TO DIVIDE LEGAL FEES
 In re del Rosario (1928)
F: Del Rosario, who was accepted to the bar  Rule 9.02. A lawyer shall not divide or stipulate
upon a review of the records, was acquitted of to divide a fee for legal services with persons not licensed to
falsifying public documents. His co-principal however practice law, except:
was convicted. The SC disbarred Del Rosario despite a. Where there is a pre-existing agreement with a partner or
his acquittal. associate that, upon the latter’s death, money shall be paid
over a reasonable period of time to his estate or to persons
H: Acquittal upon a criminal charge is not a bar specified in the agreement; or
to proceedings intended to determine if a candidate b. Where a lawyer undertakes to complete unfinished or legal
is worthy to be admitted to the bar. The standards of business of a deceased lawyer; or
the legal profession are not satisfied by conduct c. Where a lawyer or law firm includes non-lawyer employees
which merely enable one to escape the penalties of in a retirement plan, even if the plan is based in whole or in
criminal law. part, on profit-sharing arrangement.
 US v Ney (1907) NOTES

F: Bosque was not permitted to practice law as (Agpalo)
he refused to relinquish his status as a Spanish
subject.  the first two exceptions to the rule represent
SIGMA LEGIS COPY
A signature in a pleading containing the name of one, compensation for legal service rendered by the deceased
neither a party nor an attorney, does not comply with lawyer during his lifetime, which is paid to his estate or
the rules even if the name of a licensed attorney is heirs
included. A signature by agents amounts to a signing
by nonqualified attorneys the office of attorney being  the third exception to the rule does not involve, strictly
originally one of agency. speaking, a division of legal fees with non-lawyer
H: A person not admitted to the bar may not employees. The retirement benefits in the form of pension
hold himself out to the public as engaged in the
30
represent additional deferred wages or machinery for the administration of justice, a lawyer is
compensation for past services of the employees continually accountable to the court for the manner he
discharges his duties and is always subject to its disciplinary
 Five J Taxi v. NLRC (1994) control
H: Art. 222 of the Labor Code as amended
states that non-lawyers may appear before the NLRC  The power to exclude persons from the practice of law is
or any labor arbiter only (1) if they represent but a necessary incident of the power to admit persons to
themselves, or (2) if they represent their organization said practice
or the members thereof. While it may be true that
Guillermo H. Pulia was the authorized representative Lawyer’s duty to court, generally
of private respondents, he was a non-lawyer who did  A lawyer owes to the court, as its officer, the duty to be
not fall in either of the foregoing categories. Hence, candid, faithful and hones; observe and maintain the
by clear mandate of the law, he is not entitled to respect due it and judicial officers; assist in the speedy and
attorney’s fees. Furthermore, the statutory rule that efficient administration of justice; and refraining from any
an attorney shall be entitled to have and recover from impropriety tending to influence the court in the
his client a reasonable compensation for his services performance of its judicial function
necessarily imports the existence of an attorney-client
relationship as a condition for the recovery of  The first duty of a lawyer is not to his client but to the
attorney’s fees, and such relationship cannot exist administration of justice
unless the client’s representative is a lawyer.
 A lawyer is not an umpire but an advocate. He is under no
Chapter 3 duty to refrain from taking every proper argument in
The Lawyer and the Court support of any legal point because he is not convinced of
its inherent soundness
CANON 10  Ting Dumali v. Torres (2004)

OBSERVE CANDOR, FAIRNESS & GOOD FAITH F: The SC disbarred Atty. Torres for facilitating the
conveyance of the property of his parents in law by way of an
extrajudicial partition of the properties. The document falsified
 Canon 10. A Lawyer owes candor, the signature of the complainant and asserted that there were
fairness and good faith to the Court. no other compulsory heirs.
Rule 10.01. A lawyer shall not do any falsehood, H: The oath to which all lawyers have subscribed in
nor consent to the doing of any in Court, nor shall he solemn agreement to dedicate themselves to the pursuit of
mislead or allow the Court to be misled by an artifice. justice is not a mere ceremony or formality for practicing law to
be forgotten afterwards; nor is it mere words, drift and hollow,
Rule 10.02. A lawyer shall not knowingly but a sacred trust that lawyers must uphold and keep inviolable
misquote or misrepresent the contents of a paper, at all times. Also, respondent is the brother in law of the
the language or the argument of opposing counsel, or complainant. Being married to complainant’s sister, he knew of
the text of a decision or authority, or knowingly cite his wife’s siblings. He was also consulted with regard to the
as law a provision already rendered inoperative by falsification of complainant’s signature in the extrajudicial
repeal or amendment, or assert as a fact that which settlement. Instead of advising her to secure a written special
has not been proved. power of attorney and against committing falsification, he
presented such document to the Registry of Deeds to secure a
Rule 10.03. A lawyer shall observe the rules of new title to the lot in favour of his wife and her sibling.
procedure and shall not misuse them to defeat the
ends of justice.  Cobb Perez v. Lantin (1968)
F: In a previous decision, the SC was compelled to
SIGMA LEGIS COPY
NOTES observe that the petitioners resorted to a series of actions and

(Agpalo) petitions, abetted by their counsel, for the sole purpose of
thwarting the execution of a simple money judgment which had
 A lawyer is first and foremost an officer of the long become final and executory. The petitioners and their
court. He takes part in one of the most important counsel, far from viewing the courts as sanctuaries for those
functions of the state—administration of justice who seek justice, tried to use them to subvert the very ends of
justice. Corollarily, the Court assessed treble costs against the
 As an officer of the court and as part of the petitioners, to be paid by their counsel. The SC denied this
31
motion for reconsideration by said counsel who fidelity to private trust and to public duty, as an honest man
justified their position thus: “If there was a delay, it and as a patriotic and loyal citizen.
was because petitioners’ counsel happened to be
more assertive… a quality of lawyers which is not to NOTES
be condemned.” (Agpalo)
H: A counsel’s assertiveness in espousing with  Candor especially towards the court is essential to the
candour and honesty his client’s cause must be speedy administration of justice.
encouraged and is to be commended; what we do not
and cannot countenance is a lawyer’s insistence  Courts are entitled to expect only complete honesty from
despite the patent futility of his client’s position, as in lawyers appearing before them. Lawyers have the
the case at bar. It is the duty of a counsel to advise his fundamental duty to satisfy that expectation.
client, ordinarily a layman to the intricacies and
vagaries of the law, on the merit or lack of merit of his  It would be a great detriment to, if not a failure of, the
case. If he finds that his client’s cause is defenceless, administration of justice if the courts could not rely on the
then it is his bounden duty to advise the latter to submissions and representations of lawyers in the handling
acquiesce and submit rather than traverse the of their cases.
incontrovertible. A lawyer must resist the whims and
caprices of his client, and temper his client’s  A lawyer should not conceal the truth from the court, nor
propensity to litigate. A lawyer’s oath to uphold the mislead the court in any manner no matter how
cause of justice is superior to his duty to his client; its demanding his duties to clients may be.
primacy is indisputable.
 Rule 10.01 is also found in the lawyer’s oath.
Rule 10.01  A lawyer should volunteer to the court any development of
Truthfulness Towards the Court the case which has rendered the issue raised moot and
academic thus avoiding the time of the court from being
 Rule 10.01. A lawyer shall not do any wasted.
falsehood, nor consent to the doing of any in Court,
nor shall he mislead or allow the Court to be misled Preferring false charges
by an artifice.  A lawyer, including a private prosecutor, may not prefer
nor file false charges against another without being
 Canon 32 Code of Professional Ethics. The disciplined for his action
lawyer's duty in its last analysis.
No client corporate or individual, however, powerful  To warrant disciplinary action against a lawyer, who
nor any cause, civil or political, however important, is prosecutes false charges or complaints, it must be shown
entitled to receive nor should any lawyer render any that the charges are false and the lawyer knows them to be
service or advice involving disloyalty to the laws so. (malice or bad faith)
whose ministers we are, or disrespect of the judicial
office, which we are bound to uphold, or corruption Introducing false evidence
of any person or persons exercising a public office or  A lawyer who introduces evidence in any proceeding that
private trust, or deception or betrayal of the public. he knows is false violates his duty to do no falsehood nor
When rendering any such improper service or advice, consent to the doing of any.
the lawyer invites and merits stern and just
condemnation. Correspondingly, he advances the
 If a lawyer, through negligence in the performance of his
honour of his profession and the best interests of his
duties as counsel for a party, failed to discover the falsity of
client when he renders service or gives advice tending
the document which he offered in evidence, he may still be
to impress upon the client and his undertaking exact
dealt with administratively notwithstanding lack of intent
compliance with the strictest principles of moral law.
SIGMA LEGIS COPY
on his part to deceive

He must also observe and advice his client to observe
the statute law, though until a statute shall have been
 Young v. Batuegas (2003)
construed and interpreted by competent adjudication
F: The Court suspended lawyers who filed a
he is free and is entitled to advise as to its validity and
Manifestation with Motion for Bail on Dec 13, 2000, alleging
as to what he conscientiously believes to be its just
that the accused voluntarily surrendered to a person in
meaning and extent. But above all a lawyer will find
authority. The truth is that the accused only surrendered on
his highest honour in a deserved reputation for
Dec 14, 2000, as shown by the Certificate of Detention of NBI.
Respondents declared that on Dec 13, upon learning that a
32
warrant of arrest was issued for their client, they filed CLAO when in fact he had been purged from the said office.
the Manifestation with motion for bail with the trial
court. Then they immediately fetched the accused in  Cuaresma v. Daquis (1975)
Cavite and brought him to the NBI to voluntarily F: Cuaresma’s lawyer filed a petition for certiorari on
surrender. However, due to heavy traffic, they arrived stating therein that his client had no knowledge of a previous
at the NBI at 2:00 am the next day; hence, the civil case instituted by Daquis against him; that he was not
certificate of detention indicated the accused given his day in court; that he was only given 3 days notice of
surrendered on Dec. 14 the order for the demolition of his house. In fact, Cuaresma
was aware of said civil case and that he was given notice of 30
H: A lawyer must be a disciple of truth. He swore days. He explained that what he meant was that he had no
upon his admission to the bar that he will “do no knowledge of the Civil case from 1968 –1970 and that he only
falsehood nor consent to the doing of any in court” had knowledge of the case after the decision was rendered. He
and he shall “conduct himself as a lawyer according to further explained that it had been an honest mistake and that
the best of his knowledge and discretion with all good there was no deliberate attempt to mislead the Court.
fidelity as well to the courts as to his clients.” H: Though his explanation appears to be a mere
Respondent lawyers fell short of the duties and afterthought there is the assumption of good faith in favour of
responsibilities expected from them as members of respondent. Moreover, judging from the awkwardly-worded
the bar. Anticipating that their motion for bail will be petition and even his compliance quite indicative of either
denied by the court if it found that it had no carelessness or lack of proficiency in the handling of the English
jurisdiction over the person of the accused, they language, it isn’t unreasonable to assume that his deficiency in
craftily concealed the truth by alleging that accused the mode of expression contributed to the inaccuracy of his
had voluntarily surrendered to a person in authority statements. Every member of the bar should realize that
and was under detention. candor in the dealings with the court is the very essence of
honorable membership in the profession.
 Afurong v. Aquino (1999)
F: Afurong filed a complaint for ejectment RULE 10.02
against Victorino Flores for non-payment of rentals. NOT TO MISQUOTE OR MISREPRESENT
After the court issued a writ of execution, Flores CONTENTS OF PAPER
sought the assistance of the Citizen’s Legal Assistance
Office (CLAO). His case was assigned to Aquino, then  Rule 10.02. A lawyer shall not knowingly
still an employee of CLAO. After working on the case, misquote or misrepresent the contents of a paper, the
Aquino was separated from the CLAO on Oct 1, 1975. language or the argument of opposing counsel, or the text of a
But after this date, he still filed an urgent motion for decision or authority, or knowingly cite as law a provision
postponement, signing his name as counsel for Flores already rendered inoperative by repeal or amendment, or
and indicating the address of CLAO as his office assert as a fact that which has not been proved.
address. Respondent failed to attend the pre-trial on
Dec. 12 because he had to attend the hearing of a NOTES
Habeas Corpus Case. This excuse was proven to be (Agpalo)
false as there were no such case. The SC suspended
Afurong from the practice of law for six months.  In citing the SC decisions and rulings, it is the bounden duty
of courts, judges and lawyers to reproduce or copy the
H: It is the duty of an attorney to counsel or same word-for-word and punctuation-mark-for-
maintain such actions or proceedings only as appear punctuation-mark
to him to be just, and such defenses only as he
believes to be honestly debatable under the law.  Insular Life Assurance Employees Assoc.-NATU v.
Respondent should not have filed a petition for Insular Life Assurance (1970)
certiorari considering that there was no apparent F: The SC denied the petition to cite the presiding judge
reason for it than to delay the execution of a valid of the CIR in contempt for misquoting a decision of the SC.
SIGMA LEGIS COPY
judgment. Furthermore, respondent committed

falsehood when he stated that he had to attend H: The Court believes it is more a result of clerical
another (nonexistent) hearing. Such act violates the ineptitude than deliberate attempt to mislead. The Companies
canons of professional ethics which obliges an have the prima facie right to rely on the quotation as it appears
attorney to avoid the concealment of the truth from on respondent judge’s decision. However, the Court articulates
the court. Moreover, Aquino purposely allowed the it’s firm view that in citing this Court’s decision and rulings, it is
court to believe that he was still employed with the the bounden duty of courts, judges and lawyers to reproduce or
copy the same word-for-word and punctuation mark-for-
33
punctuation mark. Only from this Tribunal’s decisions

and rulings do all other courts, as well as lawyers and Rule 11.05. A lawyer shall submit grievances against a
litigants, take their bearings. Ever presenting the Judge to the proper authorities only.
danger that if not faithfully and exactly quoted, the
decisions and rulings of this Court may lose their NOTES
proper and correct meaning. (Agpalo)
RULE 10.03 Respect due to the courts.

OBSERVE RULES OF PROCEDURE  A lawyer should conduct himself toward judges with that
courtesy all have a right to expect and with the propriety
 Rule 10.03. A lawyer shall observe the which the dignity of the courts requires.
rules of procedure and shall not misuse them to
defeat the ends of justice.  This is not for the sake of the temporary incumbent of the
judicial office but for the maintenance of its supreme
 Rule 138.20(d) Duties of attorney’s—It is importance. Respect of courts helps build high esteem and
the duty of an attorney (d) to employ, for the purpose regard toward them which is essential to the proper
of maintaining the causes confided to him, such administration of justice. It also guarantees the stability of
means only as are consistent with truth and honor, their institution.
and never seek to mislead the judge or any judicial
officer by an artifice or false statement of fact of law.  This duty also devolves upon students who will choose to
enter the legal profession. They have as much the same
NOTES duty as a member of the bar to observe and maintain the
(Agpalo) respect due the courts, and their failure to discharge such
duty may prevent them from being inducted into the office
 Procedural rules are instruments in the speedy ad of attorney
efficient administration of justice. They should
not be used to derail such ends. Obeying court orders.
 Court orders no matter how erroneous they may be, must
 They should not misuse them, as by filing be respected especially by lawyers who are officers of the
multiple petitions regarding the same cause of court.
action of by deliberately misreading the law to
seek a reopening of a case long decided.  This is essential to the maintenance of government of laws
and not of men.
CANON 11
RESPECT COURTS AND  It will be a trying ordeal for lawyers under certain
JUDICIAL OFFICERS conditions. It may happen that counsel possessed greater
knowledge of the law that the judge who presides.
However, discipline and self-restraint on the part of the bar
 Canon 11. A lawyer shall observe and under these conditions are necessary of the orderly
maintain the respect due to the courts and judicial administration of justice.
officers and should insist on similar conduct by
others.  Lawyers are particularly called upon to obey court orders
and processes. Court orders, however, erroneous they may
Rule 11.01. A lawyer shall appear in court be, must be respected especially by lawyers who are
properly attired. themselves officers of the court
Rule 11.02. A lawyer shall punctually appear at  A lawyer who gives a clearly unsatisfactory explanation as
court hearings. to why he failed to comply with a lawful order or who
SIGMA LEGIS COPY
simply ignores it commits an act within the meaning of the

Rule 11.03. A lawyer shall abstain from term “willful disobedience”.
scandalous, offensive or menacing language or
behavior before the courts.  “willful”—flagrant misconduct such as would indicate a
disposition on the part of a lawyer so unruly as to affect his
Rule 11.04. A lawyer shall not attribute to a qualifications and standing for the further exercise of his
Judge motives not supported by the record or have profession.
no materiality to the case.
34
Defending judges from unjust criticism. source of news published in the paper. Some parts of Sotto’s
 A lawyer should refrain from subjecting the judge statement include the following “I regret to say that our High
to wild and groundless accusation, to discourage Tribunal has not only erroneously interpreted [the Press
other people from so doing and to come to his Freedom Law] but that it is once more putting in evidence the
defense. incompetency or narrow-mindedness of the majority of its
members. In the wake of so many blunders and injustices
 A judge lacks the power, outside of his court, to deliberately committed during these last years, I believe that
defend himself against unfounded criticism. It is the only remedy to put an end to so much evil, is to change the
the duty of the lawyer to come to his defense for members of the Supreme Court. (He will introduce a bill in
no other person than a lawyer who can better Congress reorganising the judicary)… the SC of today
appropriately support the judiciary and judicial constituted a constant peril to liberty and democracy. It need
officers to be said loudly, very loudly, so that even the deaf may hear:
the Supreme Court of today is a far cry from the impregnable
 Guerrero v. Villamor (1989) bulwark of Justice of those memorable times of Cayetano
Arellano, Victorino Mapa, Manuel Araullo and other learned
F: Consequent to the dismissal of some criminal
jurists who were the honour and glory of the Philippine
cases for qualified theft against one Gloria Naval by
Judiciary.” Sotto argues that the SC has no power to impose
respondent Judge Villamor, the offended party thru
penalties on the citizens absent legislation. He also claims that
his lawyer and herein co-petitioner filed before the
he is exercising his freedom of speech and that his statement
RTC an action for damages against respondent judge
was done in utmost good faith. He claims he has no intention of
for knowingly rendering an unjust judgment in the
offending any of the majority of the honourable members of
aforesaid criminal cases. Respondent judge issued in
the tribunal. The SC cited Sotto in contempt required him to
criminal cases an Order of Direct Contempt of Court
show cause why he should not be disbarred.
against herein petitioners, finding them guilty and
sentencing them to 5 days imprisonment and a fine of
H: Mere criticism or comment on the correctness or
P500.00 for degrading the respect and dignity of the
wrongness, soundness or unsoundness of the decision of the
court through the use of contemptuous language
court in a pending case made in good faith may be tolerated;
before the court. The SC held that the order of direct
because if well founded it may enlighten the court and
contempt was void because
contribute to the correction of an error if committed; but if it is
(1) it was issued without charge and hearing, and
not well taken and obviously erroneous, it should not influence
(2) it was irregularly issued as an incident in already
the court in reversing or modifying its decision. But respondent
terminated criminal cases.
does not merely criticize or comment on the decision of the
Parazo case, which was then and still is pending reconsideration
H: In this case, the statements are not
by this court upon petition of Angel Parazo. He not only intends
contemptuous but merely descriptive of plaintiff’s
to intimidate the members of this Court with the presentation
cause of action. The Power to punish for contempt
of a bill in the next Congress reorganizing the SC and reducing
should be used sparingly and should be exercised only
the members of justices from eleven to seven who are
for purposes that are impersonal, the power being
“incompetent and narrow-minded” in order to influence the
intended as a safeguard not for the judges as persons
final decision of said case by this Court, and thus embarrass or
but for the functions they exercise. On the other
obstruct the administration of justice. He also attacks the
hand, Lawyers should bear in mind their basic duty
honesty and integrity of the SC into disrepute and degrading
“to observe and maintain the respect due to the
the administration of justice. His statement necessarily
courts of justice and judicial officers and to insist on
undermines the confidence of the people in the honesty and
similar conduct by others” (Canon 11 CPR). This
integrity of the members of this Court, and consequently to
attitude is best shown through scrupulous preference
lower or degrade the administration of justice by the SC.. As a
for respectful language, is to be observed not for the
member of the bar and an officer of the courts, Sotto is duty
sake of the temporary incumbent of the judicial
bound to uphold the dignity and authority of this court, to
office, but for the maintenance of its supreme
which he owes fidelity according to the oath he has taken as
SIGMA LEGIS COPY
importance.
such attorney, and not to promote distrust in the
administration of justice. Respect to the courts guarantees the
 In re Vicente Sotto (1949)
stability of other institutions, which without such guaranty
F: Atty. Vicente Sotto, then a Senator of the Republic,
would be resting on a very shaky foundation. It is also well
wrote his opinion in the Manila Times regarding the
settled that an attorney as an officer of the court is under
SC’s decision, In re Angel Parazo which was then
special obligation to be respectful in his conduct and
pending reconsideration. There the SC cited in
communication to the courts, he may be removed from office
contempt a reporter for his refusal to divulge his
or stricken from the roll of attorneys as being guilty of flagrant
35
misconduct. Respondent’s assertion that his

statement was made in good faith and without RULE 11.03
intention of offending any member of the SC may PROPER LANGUAGE AND BEHAVIOUR
mitigate but not exempt him from liability for
contempt of court. It is also true that the  Rule 11.03. A lawyer shall abstain from
constitutional guaranty of freedom of speech and the scandalous, offensive or menacing language or behavior before
press must be protected to its fullest extent, but the courts.
license or abuse of liberty of the press and of the
citizen should not be confused with liberty in its true NOTES
sense. As important as the maintenance of an (Agpalo)
unmuzzled press and the free exercise of the right of
the citizen, is the maintenance of the independence Lawyer’s Courtesy
of the judiciary.  It must never be forgotten that a lawyer pleads; he does
not dictate. He should be courageous, fair, and
RULE 11.01 circumspect, not petulant, combative, or bellicose in his
PROPER ATTIRE dealings with the court
 Rule 11.01. A lawyer shall appear in  While criticism of judicial conduct is not forbidden and zeal
court properly attired. in advocacy is encouraged, the lawyer must always act
within the limits of propriety and good taste and with
NOTES deference for the judges before whom he pleads his
(Aguirre) client’s cause
 Courts have ordered a male attorney to wear a  A lawyer should not assail, without basis, the personal
necktie and have prohibited a female attorney integrity of a judge and accuse him of misfeasance in an
from wearing a hat. However, the prohibition of attempt to hide his own inadequacies and omissions to
a dress whose hemline was five inches above the escape criticism of his client
knee was held to be acceptable as such “had
become an accepted mode of dress even in  The discharge of the lawyer’s duty to his client does not
places of worship.” justify or require the use of defamatory or threatening
words. Neither does the mistake of a judge in some of his
(Agpalo) rulings warrant the use of offensive language
 Barong Tagalog or a coat and tie  There is no defense against the use in a pleading by a
 Respect begins with the lawyer’s outward lawyer of disrespectful, threatening, abusive, and abrasive
physical appearance in court. Sloppy or informal language. It cannot be justified by the constitutional right
attire adversely reflects on the lawyer and of free speech for such right is not absolute and its exercise
demeans the dignity and solemnity of court must be within the context of a functioning and orderly
proceedings. system of dispensing justice
RULE 11.02
PUNCTUALITY  Where words are abrasive or insulting, evidence that the
language employed is justified by the facts is not
 Rule 11.02. A lawyer shall punctually admissible as a defense
appear at court hearings.
Judge’s Courtesy
NOTES  The duty to observe and maintain respect is not a one-way
(Agpalo) duty from a layer to a judge. A judge should show no
shortness of temper which merely detracts from the
SIGMA LEGIS COPY
 A lawyer owes the court and his client the duty to equanimity and judiciousness that should be the constant
punctually appear at court proceedings marks of a dispenser of justice
 Inexcusable absence from, or repeated tardiness  A judge may utilize his opportunities to criticize and correct
in, attending a pre-trial or hearing may subject unprofessional conduct of attorneys but he may not do so
the lawyer to disciplinary action as his actions in an insulting manner
showing disrespect to the court make him guilty
of contemptuous behavior  Sangalang v. IAC (1989)
36
F: Atty. Cezar Sangco, a former judge and pleas for justice, who ignore without reasons their own
counsel for petitioners Jose and Lutgarda Sangalang, applicable decisions and commit culpable violations of the
was charged for contempt for using “intemperate and Constitution with impunity.” He further said that “justice as
accusatory language” in his motion for administered by present members of the Supreme Court is not
reconsideration. In that motion, he claimed that the only blind, but also deaf and dumb.” He vowed to argue before
Court’s decision “reads more like a Brief for Ayala” the people’s court and disclosed the contents of the petition to
and that the Court has “not only put to serious the media. This was published in the Manila Times and the
question its own integrity and competence but also Manila Chronicles. The SC decided to withhold action until
jeopardized its own campaign against graft and Almacen actually surrendered his certificate. But since no word
corruption undeniably pervading the judiciary...” He came from him, the Court reminded him of his offer. Almacen
also accused the Court of judicial arrogance. The SC replied that he has no pending petition as regards the Calero
suspended him from the practice of law for three case. The SC then required Almacen to show cause “why no
months. disciplinary action should be taken against him.” Denying the
charges, he asked to give his reasons in an “open and public
H: The Court found Atty. Sangco’s statements hearing.” SC warned him that if he did not give reasons for his
disparaging, intemperate and uncalled-for. His request within 5 days, oral arguments will be deemed waived.
suggestions that the Court might have been guilty of Almacen explained that since the Court is “the complainant,
graft and corruption in acting on these cases are not prosecutor and Judge,” he preferred to be heard and to answer
only unbecoming, but comes, as well, as an open questions in a public hearing. He also asked for leave to file a
assault upon the Court’s honor and integrity. He written explanation, to which the Court consented. In his
should be aware that because of his accusations, he written explanation, Almacen offered no apology. SC called the
has done an enormous disservice to the integrity of answer “as undignified and cynical as it is unchastened.”
the highest tribunal and to the stability of the Almacen repeated his “jeremiad of lamentations,” this time
administration of justice in general. Atty. Sangco is quoting from the Bible. He particularly attacked the minute
entitled to his opinion but not to a license to insult resolution, assailing the justice system as “...deaf in the sense
the Court with derogatory statements and recourses that no members of this Court has ever heard our cries for
to argumenta ad hominem. In that event, it is the charity, generosity, fairness, understanding, sympathy and for
Court’s duty “to act to preserve the honor and justice; dumb in the sense that inspite of our beggings,
dignity...and to safeguard the morals and ethics of the supplications, and pleadings to give us reasons why our appeal
legal profession.” A lawyer’s "first duty is not to his has been DENIED, not one word was spoken or given...”
client but to the administration of justice; to that end,
his client's success is wholly subordinate; and his H: Every citizen has the right to comment upon and
conduct ought to and must always be scrupulously criticize the actuations of public officers. The danger of
observant of law and ethics." And while a lawyer must confusing fury to an attack on one’s integrity, competence and
advocate his client's cause in utmost earnest and with honesty, “with imminent danger to the admin of justice” is the
the maximum skill he can marshal, he is not at liberty reason why the courts have been unwilling to inflict
to resort to arrogance, intimidation, and innuendo. punishment on those who assail their actuations. The Court
Certainly, it is the prerogative of an unsuccessful also treats with forbearance and restraint a lawyer who
party to ask for reconsideration, but as we held in vigorously assails their actuations, provided it is done in
Laureta, litigants should not "'think that they will win respectful terms and through legitimate channels. For
a hearing by the sheer multiplication of words'". As courageous and fearless advocates are the strands that weave
we indicated the movants have raised no new durability into the tapestry of justice. The reason is that an
arguments to warrant reconsideration and they can attorney does not surrender his right as a citizen to criticize the
not veil that fact with inflammatory language. decisions of the court in fair and respectful manner, and the
independence of the Bar, as well as the judiciary, has always
 In re Vicente Raul Almacen (1970) been encouraged by the courts. Criticism has been an
F: Atty. Vicente Raul Almacen was a counsel for important part of the traditional work of a lawyer. As a citizen
defendant in civil case Calero vs. Yaptingchay. The and as officer of the court, a lawyer is expected not only to
SIGMA LEGIS COPY
trial court rendered judgment against his client. Both exercise his right, but also to consider it his duty to avail of such
the CA and the SC dismissed his appeals. The latter right. But the cardinal condition of all such criticism is that is
did so via a minute resolution. Angered, Atty. shall be bona fide and shall not spill over the walls of decency
Almacen filed a “Petition to Surrender Lawyer’s and propriety.
Certificate of Title” (Sept. 25, 1967) in protest against
what he asserts as “a great injustice committed “Atty. Almacen used his proffered surrender of his lawyer’s
against his client by this SC.” He indicted the Court as certificate as a vehicle for his vicious tirade against this Court.
a tribunal “peopled by men who are calloused to our He used vicious language and scurrilous innuendos that
37
transcend the permissible bounds of legitimate  Rule 11.05. A lawyer shall submit grievances
criticism, picturing his client as a sacrificial victim at against a Judge to the proper authorities only.
the altar of hypocrisy, a victim of silent injustices and
short-cut justice. He caused the publication of his  Const art. VIII, sec. 6. The Supreme Court shall
petition and he expressed no regret or apology. They have administrative supervision over all courts and the
could serve no other purpose but to gratify the spite personnel thereof. [the SC is the proper authority]
of an irate attorney, attract public attention to
himself and, more important of all, bring this Court NOTES
and its members into disrepute and destroy public (Agpalo)
confidence in them to the detriment of the orderly
administration of justice. Like any other Government  The duty to respect does not preclude a lawyer from filing
entity in a viable democracy, the Court is not, and administrative complaints against erring judges, or from
should not be, above criticism. But a critique of the acting as counsel for clients who have legitimate grievances
Court must be intelligent and discriminating, fitting to against them.
its high function as the court of last resort. Valid and
healthy criticism is by no means synonymous to  The lawyer shall not file an administrative case until he has
obloquy, and requires detachment and exhausted judicial remedies which result in a finding that
disinterestedness. Any criticism of the Court must the judge has gravely erred.
possess the quality of judiciousness and must be
informed by perspective and infused by philosophy. It  Maceda v. Vasquez (1993)
is an utter misapprehension, if not a total distortion, F: This prayer for preliminary mandatory injunction is
to say that the members of the Court are the with regard to whether the office of the ombudsman could
complainants, prosecutors and judges all rolled up entertain a criminal complaint for the alleged falsification by
into one. Judge Maceda of his certificate of service submitted to the SC,
and assuming that it can, whether a referral should be made
RULE 11.04 first to the SC.
NOT TO ATTRIBUTE TO JUDGE MOTIVES
H: A judge who falsifies his certificate of service is
 Rule 11.04. A lawyer shall not attribute administratively liable to the SC for serious misconduct and
to a Judge motives not supported by the record or inefficiency (Sec. 1, Rule 140, Rules of Court) and criminally
have no materiality to the case. liable to the State under the Revised Penal Code for his
felonious conduct. The Ombudsman could therefore entertain
NOTES the criminal complaint. However, where a criminal complaint
(Agpalo) against a judge or other court employees arises from their
administrative duties, the Ombudsman must defer action on
 The rule allows such criticism so long as it is said complaint and refer the same to the SC for determination
supported by the record or it is material to the whether said judges or court employees acted within the scope
case. A lawyer’s right to criticize the acts of of their administrative duties. Otherwise, in the absence of any
courts and judges in a proper and respectful way administrative action taken against Maceda, the investigation
and through legitimate channels is well being conducted by the Ombudsman encroaches into the
recognized. Court’s power of administrative supervision over all courts and
 What a lawyer can ordinarily say against a its personnel, in violation of the doctrine of separation of
concluded litigation and the manner the judge powers.
handed down the decision therein may not
generally be said to a pending action. Once a CANON 12
litigation is concluded the judge who decided it is ASSIST IN SPEEDY AND EFFICIENT
subject to the same criticism as any other public ADMINISTRATION OF JUSTICE
official because then his ruling becomes public
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property and is thrown open to public scrutiny.  Canon 12. A lawyer shall exert every effort and
 The cardinal condition of all such criticism is that consider it his duty to assist in the speedy and efficient
it shall be bona fide, and shall not spill over the administration of justice.
wall of decency and propriety.
Rule 12.01. A lawyer shall not appear for trial unless he
RULE 11.05 has adequately prepared himself on the law and the facts of his
GRIEVANCES AGAINST JUDGES— case, the evidence he will adduce and the order of its
38
proferrence. He should also be ready with the original of case and the prompt satisfaction of final judgments.
documents for comparison with the copies.
 The duty to assist in the administration of justice may be
Rule 12.02. A lawyer shall not file multiple performed by doing no act that obstructs, perverts, or
actions arising from the same cause. impedes the administration of justice and by faithfully
complying with all his duties to the court and to his client.
Rule 12.03. A lawyer shall not, after obtaining Examples of the former would include the duty to inform
extensions of time to file pleadings, memoranda or the court of any change of his address or of the death of
briefs, let the period lapse without submitting to the his client.
same or offering an explanation for his failure to do
so.  Acts that amount to obstruction of the administration of
justice may take many forms. They include such acts as
Rule 12.04. A lawyer shall not unduly delay a instructing a complaining witness in a criminal case not to
case, impede the execution of a judgment or misuse appear at the scheduled hearing so that the case against
court processes. his client, the accused, would be dismissed.
 Ordinarily, obstruction of justice constitutes contempt of
Rule 12.05 A lawyer shall refrain from talking to court, and citing the misbehaving lawyer for contempt and
his witness during the break or recess in the trial, punishing him for such misbehavior may be sufficient to
while the witness is still under examination. accomplish the end desired. However, the misbehavior
may be of such character as to effect the offender’s
Rule 12.06 A lawyer shall not knowingly assist a qualifications as a lawyer for the practice of law. In such
witness to misrepresent himself or to impersonate case, he may be disciplined as a lawyer for such
another. misconduct.
Rule 12.07 A lawyer shall not abuse, browbeat RULE 12.01

or harass a witness nor needlessly inconvenience him. ADEQUATE PREPARATION
Rule 12.08 A lawyer shall avoid testifying in  Rule 12.01. A lawyer shall not appear for trial
behalf of his client; except: unless he has adequately prepared himself on the law and the
a. on formal matters, such as mailing, facts of his case, the evidence he will adduce and the order of
authentication or custody of an instrument, and its proferrence. He should also be ready with the original
the like; or documents for comparison with the copies.
b. on substantial matters, in cases where his
testimony is essential to the ends of justice, in  Rule 18.02. A lawyer shall not handle any legal
which event he must, during his testimony, matter without adequate preparation.
entrust the trial of the case to another counsel.
NOTES
 CONST. art III, sec 6. All persons shall have (Agpalo)
the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.  Without adequate preparation, the lawyer may not be able
to effectively assist the court in the efficient administration
 Rule 138 Sec 20(g). Duties of attorneys. – It is of justice. Non-observance of this rule might result in:
the duty of an attorney: (g) Not to encourage either 1) The postponement of the pre-trial or hearing, which
the commencement or the continuance of an action would thus entail delay in the early disposition of the
or proceeding, or delay any man’s cause, from any case,
corrupt motive or interest. 2) The judge may consider the client non-suited or in
default or
NOTES 3) The judge may consider the case deemed submitted
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(Agpalo) for decision without client’s evidence, to his prejudice.
Duty to assist in the administration of justice RULE 12.02

 The first duty of a lawyer is not to his client but FORUM SHOPPING
the administration of justice. As an officer of the
Court, it is the duty of the lawyer to advance the  Rule 12.02. A lawyer shall not file multiple
Court’s objective of having a speedy, efficient, actions arising from the same cause.
impartial, correct, and inexpensive adjudication
39
 Rule 7, sec. 5. The plaintiff or principal  Rule 12.03. A lawyer shall not, after obtaining
party shall certify under oath in the complaining or extensions of time to file pleadings, memoranda or briefs, let
other initiatory pleading asserting a claim for relief, or the period lapse without submitting to the same or offering an
in a sworn certification annexed thereto and explanation for his failure to do so.
simultaneously filed therewith:
a) that he has not theretofore commenced any NOTES
action or filed any claim involving the same issues (Agpalo)
in any court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other  Where a lawyer’s motion for extension of time to file a
action or claim is pending therein; pleading, memorandum or brief has remained unacted by
b) if there is such other pending action or claim, a the court, the least that is expected of him is to file it
complete statement of the present status within the period asked for
thereof; and
c) if he should thereafter learn that the same or RULE 12.04
similar action or claim has been filed or is COURT PROCESS
pending, he shall report that fact within 5 days
therefrom to the court wherein his aforesaid  Rule 12.04. A lawyer shall not unduly delay a case,
complaint or initiatory pleading has been filed. impede the execution of a judgment or misuse court processes.
Failure to comply with the foregoing requirements
shall not be curable by mere amendment of the NOTES
complaint or other initiatory pleading but shall cause (Agpalo)
for the dismissal of the case without prejudice, unless
otherwise provided, upon motion after hearing. The Tempering client’s propensity to litigate
submission of false certification or non-compliance  While a client may withhold from his counsel certain facts
with any of the undertaking therein shall constitute or give him false information to attain his unlawful ends, a
indirect contempt of court, without prejudice to the lawyer can easily see through the client’s action either
corresponding administrative and criminal actions. If before or at the early stage of the litigation
the acts of the party or his counsel clearly constitute
willful and deliberate forum shopping, the same shall  If after his appearance a lawyer discovers that his client has
be ground for summary dismissal with prejudice and no case, he may not unceremoniously abandon the action.
shall constitute direct contempt, as well as a cause for He should advise his client to discontinue the action or to
administrative sanctions. confess judgment, and if the client is determined to pursue
it he should ask that he be relieved from professional
NOTES responsibility
(Agpalo)
Lawyer to discourage appellate review
 It is essential to an effective and efficient  If a lawyer is honestly convinced of the futility of an appeal
administration of justice that once a judgment in a civil suit he should not hesitate to temper his client’s
has become final the winning party be not, desire to seek appellate review of such decision for unless,
through subterfuge, and misuse of legal process, he could show sufficient cause for reversal, he would only
deprived of that verdict. succeed in planting false hope in his client’s mind,
increasing the burden on appellate tribunals, prolonging
 Rule 12.02 stresses the affirmative duty of a litigation unnecessarily and exposing his client to useless
lawyer to check against useless litigations. His expenses.
signature in every pleading constitutes a
certificate by him that to the best of his  Nonetheless a lawyer should not, solely on his own
knowledge there is a good ground to support it judgment, let the decision become final by letting the
and that it is not to interpose for delay. The period to appeal lapse, without informing his client of the
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willful violation of this rule may subject him to (1) adverse decision and of his candid advice in taking
appropriate disciplinary action or (2) render him appellate review thereof, well within the period to appeal,
liable for the costs of litigation. so that the client may decide whether to pursue appellate
review.
RULE 12.03
NOT TO DELAY CASE  Malonso v. Principe (2004)
40
F: In expropriation proceedings by the copy of the decision to the receiving clerk in the Office of Atty.
NAPOCOR against several lot owners in Bulacan, the Camacho. The Court imposed treble costs against petitioner to
president of an organization of the lot owners be paid by Atty. Corpuz.
entered into a contract for legal services with Atty.
Principe. The complainant Malonso, a member of the H: It is sad to note that Atty. Corpuz is now impugning the
same organization, appointed on the other hand a delivery of the decision to Atty. Camacho when in fact the
certain Elfa as his attorney-in-fact on the matter of delivery of said decision was made per his instruction to the
negotiation with NPC. Eventually, an amicable employee of WCC. This would not be the first time where out of
settlement was had between NAPOCOR and the lot excess of zeal and out of desire to rely on every conceivable
owners. More than 2 years after the expropriation defense that could delay if not defeat the satisfaction
cases were instituted, Atty. Principe filed his motion incumbent on one’s client, counsel would attempt to put the
to separate legal fees and filed his “Notice of Entry of most favorable light on a course of conduct which certainly
Appearance” claiming that he is the legal counsel of cannot be given the stamp of approval. Not that it would clear
the lot owners. The other lot owners including counsel of any further responsibility. His conduct leaves much
Malonso wrote a letter to NPC informing the latter to be desired. The effort to evade liability by petitioner by
that they have never authorized Sandama’s President invoking due process guaranty must not be rewarded with
to hire the services of Atty. Principe’s law firm to success. An effort was made to serve petitioner with a copy of
represent them. Atty. Principe filed several motions the decision; that such effort failed was attributable to the
to ensure his claim to the 40% of the selling price of conduct of its own counsel.
the properties being expropriated. An investigation
conducted by the IBP recommended Atty. Principe’s It is not enough that petitioner be required to pay the sum due
suspension from the practice of law for two years on to Abitria. The unseemly conduct of petitioner’s counsel calls
the ground that Atty. Principe had violated among for words of reproof. It is one thing to exert to the utmost one’s
others Rule 12.04 which says that “a lawyer shall not ability to protect the interest of one’s client. It is quite another
unduly delay a case, impede the execution of a thing to take advantage any unforeseen turn of events, if not to
judgment or misuse Court processes.” In its create one, to delay if not to defeat the recovery of what is
Resolution, the IBP Board ordained his suspension justly due and demandable, especially so when the obligee is a
from the practice of law for 2 years. The SC however poverty-stricken man suffering from a dreaded disease. The
found that formal requisites of the investigation and ancient and learned profession of the law stresses the fairness
resolution had not been complied with and dismissed and honor; that must be ever kept in mind by everyone who is
the case requiring the IBP to comply with the enrolled in its ranks and who expects to remain a member of a
procedure outlined in Rule 139-B in all cases involving good standing.
disbarment and discipline of attorneys.
RULE 12.05 TO 12.07
H: [not pertinent] PROPER BEHAVIOR TOWARDS WITNESSES
 Rule 12.05 A lawyer shall refrain from talking to

 Manila Pest Control v. Workmen’s his witness during the break or recess in the trial, while the
Compensation Commission (1968) witness is still under examination.
F: Abitria, an employee of MPC suffered from
tuberculosis found to have been contracted from his Rule 12.06 A lawyer shall not knowingly assist a witness
work. He was granted disability benefits by the Court to misrepresent himself or to impersonate another.
but Manila Pest Control alleged infringement of due
process as it was not served the decision by the court Rule 12.07 A lawyer shall not abuse, browbeat or harass
thru its counsel. It claimed that a writ of execution a witness nor needlessly inconvenience him.
should have not have been ordered since it did not
receive a copy of the decision. The decision was sent  Rule 132, sec. 3. Rights and obligations of a witness. A
to Atty. Camacho, who was without any connection to witness must answer questions, although his answer may tend
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the case, and not to its counsel Atty. Corpuz. The SC to establish a claim against him. However, it is the right of a
upheld the decision of the WCC which explained that witness:
when it delivered the decision to Atty. Corpuz, he 1) To be protected from irrelevant, improper, or insulting
refused to receive the decision alleging that he was questions, and from harsh or insulting demeanor;
no longer handling the case. He instead instructed 2) Not to be detained longer than the interests of justice
WCC to deliver said decision to Atty. Camacho, who require;
according to him was now handling the case. In view 3) Not to be examined except only as to matters pertinent to
of said instruction, the employee of WCC handed the the issue;
41
4) Not to give an answer which will tend to subject  Rule 12.08 A lawyer shall avoid testifying in
him to a penalty for an offense unless otherwise behalf of his client; except:
provided by law; or a. on formal matters, such as mailing, authentication or
5) Not to give an answer which will tend to degrade custody of an instrument, and the like; or
his reputation, unless it be to the very fact at b. on substantial matters, in cases where his testimony is
issue or to a fact from which the fact in issue essential to the ends of justice, in which event he must,
would be presumed. But a witness must answer during his testimony, entrust the trial of the case to
to the fact of his previous conviction for an another counsel.
offense.
NOTES
 P.D. No. 1829 Penalizing the obstruction of (Agpalo)
apprehension and prosecution of criminal offenders
(1981)—ANNEXED  The underlying reason for the impropriety of a lawyer
acting in such dual capacity lies in the difference between
NOTES the function of a witness and that of an advocate. The
(Agpalo) function of a witness is to tell the facts as he recalls then in
answer to questions. The function of an advocate is that of
 Rule 12.05. The purpose of this rule is to avoid a partisan. It is difficult to distinguish between the zeal of
any suspicion that he is coaching the witness an advocate and the fairness and impartiality of a
what to say during the resumption of the disinterested witness
examination.
 The lawyer will find it hard to disassociate his relation to
 Rule 12.06. A lawyer may interview witnesses in the client as a witness and his relation to the party as a
advance of trial or attend to their needs if they witness. The dual relationship would invite embarrassing
are poor but he should avoid any such action as criticisms which could be harmful to the reputation of the
may be misinterpreted as an attempt to influence profession.
the witness what to say in court. Court will not
give weight on a testimony of a witness who
admits having been instructed. A lawyer who  PNB v. Uy Teng Piao (1932)
presents a witness whom he knows will give a F: Pursuant to a judgment of the CFI the mortgaged lands
false testimony or is an impersonator may be of Uy Teng Piao were sold. PNB obtained a waiver of the right
subjected to disciplinary action. to redemption. Uy Teng Piao alleged that the waiver was given
with the agreement that the bank would not collect from him
 Rule 12.07. The lawyer has a duty to always treat the balance of judgment. One of the attorneys for the bank
adverse witnesses and suitors with fairness and during trial testified that the defendant renounced his right to
due consideration. redeem the parcel of land because a friend of the defendant
was interested in buying it.
 Rule 12.07. The client cannot be made the keeper
of the lawyer’s conscience in professional H: With respect to the testimony of the bank’s attorney,
matters. He has no right to demand that his we should like to observe that although the law does not forbid
counsel abuse the opposite party and the latter’s an attorney to be a witness and at the same time an attorney in
witnesses or indulge in offensive personalities. a cause, the courts prefer that counsel should not testify as
Improper speech is not excusable on the ground witness unless it is necessary and that they should withdraw
that it is what the client would say if speaking in from the active management of the case. Canon 19 of the Code
his own behalf of Legal Ethics provides that “when a lawyer is a witness for his
client, except as to merely formal matters. Such as the
 Rule 12.07. If it is the judge who subjects the attestation or custody of an instrument and the like, he should
witness to harsh treatment, the lawyer has the leave the trial of the case to other counsel. Except when
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right to protest in a respectful and dignified essential to the ends of justice, a lawyer should avoid testifying
manner the action of the judge and to make the in court in behalf of his client.”
incident of record without being held liable
administratively or for contempt of court
CANON 13
RULE 12.08
REFRAIN FROM ACTS
NOT TO TESTIFY IN BEHALF OF A CLIENT
GIVING APPEARANCE OF INFLUENCE
42
(Marcos and Erap times) but that both statements are not to
 Canon 13. A lawyer shall rely upon degrade the court, to destroy public confidence and to bring it
the merits of his cause and refrain from any into disrepute. The SC found that de Vera’s acts constitute
impropriety which tends to influence, or gives the indirect contempt and fined him P20,000.
appearance of influencing the court.
H: Freedom of speech is not absolute, and must be
Rule 13.01. A lawyer shall not extend balanced with the requirements of equally important public
extraordinary attention or hospitality to, nor seek interests, such as the maintenance of the integrity of the courts
opportunity for cultivating familiarity with Judges. and orderly functioning of the administration of justice. De Vera
is in abuse of his right. Unwarranted attacks on the dignity of
Rule 13.02. A lawyer shall not make public the courts cannot be disguised as free speech, for the exercise
statements in media regarding a pending case tending of said right cannot be used to impair the independence and
to arouse public opinion for or against a party. efficiency of courts or public respect thereof and confidence.
His statements are not fair criticisms of any decision of the
Rule 13.03. A lawyer shall not brook or invite Court, but are threats made against it to force the Court to
interference by another branch or agency of the decide the issue in a particular manner, or risk earning the ire
government by another branch or agency of the of the public. It tends to promote distrust an undermines public
government in normal course of judicial proceedings. confidence in the judiciary, by creating the impression that the
Court cannot be trusted to resolve cases impartially,
NOTES uninfluenced by public clamor and other extraneous influences.
(Agpalo)
 Nestle Phils v. Sanchez (1987)
 Improper acts of a lawyer which give the
appearance of influencing the court to decide a F: Two unions with pending cases before the SC had
case in a particular way lessen the confidence of intermittent pickets in front of the Padre Faura gate of the SC
the public in the impartial administration of building, obstructing access to and egress from the Court’s
justice and should be avoided. premises. They also constructed provisional shelters, set up a
kitchen, littered the area causing it to be unhygienic and
 Courts as impartial administrators of justice are unsanitised, waved their red streamers and placards with
entitled to disposed of their business in an slogans, and harangued the court with the use of loudspeakers.
orderly manner, free from outside interference Two justices called the leaders of the unions and their counsel
obstrusive of their functions and tending to to inform them that the pickets constitute direct contempt of
embarrass the administration of justice, just as court, and that their petitions could not be heard until the
litigants are entitled to have their causes tried pickets stop. Atty Espinas, the counsel for the unions,
fairly by an impartial tribunal, uninfluenced by apologised and assured that the acts would not be repeated.
publication, public clamor, bias, prejudice or The SC dismissed the contempt charges against Atty. Espinas.
sympathies.
H: Grievances must be ventilated through proper channels
 In Re: Published Alleged Threats Against (appropriate petitions, motions or other pleadings) in keeping
Members of the Court in the Plunder Law Case with the respect due to the Courts as impartial administrators
Hurled by Atty. Leonard de Vera (2003) of justice entitled to proceed to the disposition of its business
F: Atty. De Vera made some remarks to the in an orderly manner, free from outside interference
Philippine Daily Inquirer regarding a pending case obstructive of its functions and tending to embarrass the
involving the constitutionality of the Plunder Law. In administration of justice. The acts of the respondents are not
one statement, “he asked the SC to dispel rumors that only affront to the dignity of this Court, but equally a violation
it would vote in favor of a petition filed by Estrada’s of the right of the adverse parties and the citizenry at large.
lawyers to declare the plunder law unconstitutional” The individuals cited are not knowledgeable in the intricacies of
and that his group was greatly disturbed by the substantive and adjective laws, but the duty of advising them
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rumors. In another statement, he said that a decision rests primarily on their counsel of record. For though the rights
in favour of the law’s unconstitutionality would of free speech and of assembly are constitutionally protected,
trigger mass actions and the people would not just an attempt to pressure or influence courts of justice is no
swallow any SC decision that is basically wrong. Atty. longer within the ambit of constitutional protection.
De Vera admitted to making the statements but that
these were factually accurate and that these are 13.01
within his right to freedom of speech. Also, his NO EXTRAORDINARY ATTENTION
second statement is allegedly historically correct
43
 Rule 13.01. A lawyer shall not extend attitude in the public mind respecting the alleged actions
extraordinary attention or hospitality to, nor seek of the defendants to the pending proceedings.
opportunity for cultivating familiarity with Judges.
 Picketing is a form of public expression by a group or
NOTES organization of sentiments or opinions on a particular
(Agpalo) matter. It should not be held to influence a court to decide
a case in a particular way. The duty and responsibility of
 The common practice of some lawyers making advising the picketers and their leaders that what they are
judges and prosecutors godfathers of their doing is contemptuous rests primarily upon their lawyers
children to enhance their influence and their law who, as officers of the court, are duty-bound to apprise
practice should be avoided by judges and lawyers them of proper decorum and attitude towards courts of
alike justice. (Cf. Nestle Phils. v. Sanchez supra at Rule 13.01)
 A lawyer should not see a judge in chamber and Criticism of pending and concluded litigation
talk to him about a case he is handling and  The court, in a pending litigation, must be shielded from
pending in the judge’s court embarrassment or influence in its all important duty of
deciding the case. Thus, what a lawyer can ordinarily say
 A lawyer should not communicate to the judge against a concluded litigation and the manner the judge
the merits of a pending case handed down the decision may not generally be said to a
pending action.
 However, it is not incumbent on a lawyer to
refuse professional employment in a case  Once a litigation is concluded, the judge who decided it is
because it may be heard by a judge who is his subject to the same criticism as any other public official
relative, compadre or former colleague in office. because then, his ruling becomes public property and is
The responsibility is on the judge not to sit in a thrown open to public consumption.
case unless he is both free from bias and from
the appearance thereof  A newspaper publication tending to impede, obstruct,
embarrass or influence the courts in administering justice
13.02 in a pending case constitutes criminal contempt, but the
NO PUBLIC STATEMENT TO MEDIA rule is otherwise after the litigation is ended.
 Rule 13.02. A lawyer shall not make Limitations on right to criticize

public statements in media regarding a pending case  Right of lawyer to comment on or criticize the decision of a
tending to arouse public opinion for or against a judge or his acts is not unlimited. Criticism must be bona
party. fide and must not spill over the walls of decency and
propriety.
NOTES
(Agpalo)  A publication in or outside of court tending to impede,
obstruct, embarrass or influence the courts in the
 Purpose: Newspaper publications regarding a administration of justice in a pending suit, or to degrade
pending or anticipated litigation may interfere the courts, destroy public confidence in them or bring
with a fair trial, prejudice the administration of them in any way to disrepute, whether or not there is a
justice, or subject a respondent or a accused to a pending litigation, transcends the limits of fair comment.
trial by publicity and create a public inference of Such publication or intemperate and unfair criticism is a
guilt against him gross violation of the lawyer’s duty to respect the courts.
 This is the reason why certain proceedings are  Press may not publicize proceedings declared confidential
considered confidential and their publication by law or by SC resolution until their final adjudication. No
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prohibited until their final resolution by the one may publicly comment thereon during their pendency.
courts, as in administrative complaints against (ex. disciplinary actions against judges and lawyers)
judges and lawyers
 Maintainance of an unmuzzled press and the free exercise
 Public officials charged with duty of prosecuting of the rights of the citizens is as important as preservation
or defending actions in court may issue of independence of the judiciary.
statements but such statements should avoid any
statement of fact likely to create an adverse Right and duty of lawyer to criticize courts
44
 Guarantees of a free speech and a free press recognizes the constitutionally protected freedom of the press
include the right to criticize judicial conduct, and the right to public information, within the courthouse, the
hence, this rule is not intended to prevent or overriding consideration is still the paramount right of the
preclude criticism of judicial acts of a judge. accused to due process.
 Whether the law is wisely or badly enforced is a In Estes v. Texas, it was held that the likely prejudices of a live
fit subject for comment. coverage of a trial are: (1) When the judge allows the trial to be
televised, the case automatically assumes an important status
 If people cannot criticize a judge the same as any in the community such that everybody becomes interested. (2)
other public official, public opinion will be The quality of the testimony in criminal trials will often be
effectively muzzled. impaired. (3) There are additional responsibilities that the
presence of television places upon the judge. (4) The presence
 Courts are not sacrosanct. They should expect of television may prove to be a form of mental—sometimes
critical evaluation of their performance. For like physical—harassment on the part of the defendant. (much like
the executive and the legislative branches, the being in a police line-up)
judiciary is rooted in the soil of democratic
society and nourished by the periodic appraisal of The court said that it is undeniable that these criminal cases
citizens whom it should serve. have twice become focal points in the conflicting EDSA II and
EDSA III. The magnitude of these events has divided the nation.
 In re Request Radio TV Coverage (2001) The court cannot turn a blind eye on another possible
F: The petitioner, in essence, sought to reverse the extraordinary case of mass action being allowed to creep into
1991 SC resolution denying the live coverage of a libel the business of he courts.
case filed by then President Aquino. In this case,
petitioners requested the Court to allow live media Finally, it said that unlike other government offices, courts do
coverage of the anticipated trial before the not express the popular will of the people. It is tasked to
Sandiganbayan of criminal charges against Pres. adjudicate on controversies based solely on what is submitted
Estrada. In the 1991 case, the court totally prohibited before them. A trial is not a free trade of ideas. The competing
live radio and TV coverage because of the prejudice it market of thoughts in not the known test of truth in a
poses to the defendant’s right to due process and to courtroom. The court is not unmindful of recent technological
the fair and orderly administration of justice. The advances but to chance with the life or liberty of any person in
Court also held that the right of the people to a hasty bid to use and apply them, even in the presence of
information may be served by less distracting, safety precautions, is a price too high to pay.
degrading and prejudicial means. The radio and TV
coverage allowed was limited to shots of the  Martelino v. Alejandro (1970)
courtroom, the judicial officers, the parties and their F: A shooting occurred between some Muslim recruits
counsel taken prior to the commencement of official (then undergoing commando training) and members of the
proceedings. No video shots or photographs were AFP. Major Eduardo Martelino and the officers under him were
permitted during the trial proper. The SC denied the charged for violation of the Articles of War as a result of this
petition. shootout. The SC denied the petition to disqualify the
president of the general court martial, who acquired
H: This resolution of this case involves the jurisdiction over the case because of the his admission that he
weighing out of the freedom of the press and the read newspaper stories of the Corregidor incident, which some
right of the people to information on one hand, and newspapers called the incident “the Corregidor massacre.”
the fundamental rights of the accused on the other, Petitioners contend that the case has received such an amount
along with the constitutional power of the court to of publicity and was being exploited for political purposes in
control its proceedings in ensuring a fair and impartial connection with the 1969 presidential election. They alleged tat
trial. Jurisprudence tells us that the right of the the adverse publicity given in the mass media to the incident,
accused must be preferred. Television can work coupled with the fact that it became an issue against the
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profound changes in the behavior of the people it administration, was such as would unduly influence the
focuses on. However, the actual effect of media members of the court-martial. News items that appeared in the
cannot be quantified. The effect of television may Daily Mirror stated among other things that: “coffins are being
escape the ordinary means of proof, but is not far- prepared for the Philippine president.” An editorial from
fetched. Manila Times said that this issue would be brought up in the
elections and that it is a heavy load for the administration.
The court also pointed out that a public trial is not
synonymous to a publicized trial. Although the court
45
H: The court cited US jurisprudence regarding the When such publicity and sensationalism is allowed, the whole
topic of trial by publicity. Irvin vs. Dowd marks the thing becomes inexcusable even abhorrent, and in the interest
first time a state conviction was struck down solely on of justice, is constrained to put an end to it.
the ground of prejudicial publicity. Rideau vs.
Louisiana is a case where a change of venue was
13.03
granted because the fact that the people in that place
NOT TO INVITE OUTSIDE INTERFERENCE
had seen and heard the accused’s televised
confession during interrogation would work to
 Rule 13.03. A lawyer shall not brook or invite
unjustly prejudice the accused.
interference by another branch or agency of the government by
Televising a court trial would amount to a violation of
another branch or agency of the government in normal course
due process. A carnival atmosphere would be
of judicial proceedings.
created.
 Rule 11.05. A lawyer shall submit grievances
Jurisprudence also states that there is nothing that
against a Judge to the proper authorities only.
proscribes the press from reporting events that
NOTE
transpire in the courtroom. But there is a reasonable
(Aguirre)
likelihood that the prejudicial news prior to trial will
prevent a fair trial. If publicity during the proceeding
 The basis for the rules is the principle of separation of
threatens the fairness of the trial, a new trial shall be
powers
ordered.
(Agpalo)
HOWEVER, THE CASE AT BAR IS DIFFERENT. The
publicity in this case did not focus on the guilt of the
 The reason for Rule 13.03 is that a lawyer who invites
petitioners but rather on the responsibility of the
interference by another branch or agency of government in
government for what was claimed to be a “massacre”
the normal couse of judicial proceedings endangers the
of Muslim trainees.If there was a “trial by newspaper”
independence of the judiciary
it was not of the petitioner but of the government.
There is no showing that the courts martial failed to
 Maglasang v. People (1990)
protect the accused from massive publicity.
F: Khalyxto Maglasang was convicted in the court in San Carlos,
Protection would include: controlling the release of
Negros Occidental. His counsel, Atty. Castellano, filed for a
information; change the venue or postpone trial until
petition for certiorari through registered mail. Due to non-
the deluge of prejudicial publicity has subsided. Even
compliance with the requirements, the court dismissed the
granting that there is massive and prejudicial
petition and a motion for reconsideration. Atty. Castellano
publicity, the petitioners do not contend that the
then sent a complaint to the Office of the President where he
respondents have been unduly influenced but simply
accused the 5 justices of the 2nd division, with biases and
that they might be.
ignorance of the law or knowingly rendering unjust judgments.
He accused the court of sabotaging the Aquino administration
 In re Vicente Raul Almacen (1970)
for being Marcos appointees, and robbing the Filipino people
supra at Rule 11.03
genuine justice and democracy. He also said that the SC is doing
this to protect the judge who was impleaded in the petition and
 Cruz v. Salva (1959)
for money reasons. He alleges further that the court is too
F: The SC publicly reprimanded Pasay City Fiscal Salva
expensive to be reached by ordinary men. The court is also
for conducting a reinvestigation of the Monroy
inconsiderate and overly strict and meticulous. When asked to
murder not in his office, but in the Municipal Court’s
show cause why he ought not be held in contempt, Castellano
session hall, to accommodate the big crowd wanting
said that the complaint was constructive criticism intended to
to witness the proceeding. Members of the press
correct in good faith the erroneous and very strict practices of
were present, and were even allowed to ask
the justices concerned. He also said that the justices have no
questions. Salva was willing to adopt the questions as
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jurisdiction over his act and that they should just answer the
the committee’s.
complaint. The SC found him guilty of contempt and improper
H: Anent the investigation, the court was greatly conduct and ordered to pay P1,000or imprisonment of 15 days,
disappointed and annoyed by the publicity and and to suffer 6 months suspension.
sensationalism. He committed a grievous error and H: The court found his comments scurrilous and contumacious.
poor judgment for which the court failed to find any He went beyond the bounds of constructive criticism. What he
satisfactory explanation. His actuations went beyond said are not relevant to the cause of his client. They cast
the bounds of prudence, discretion and good taste.
46
aspersion on the Court’s integrity as a neutral and that breathe life into it, among those, the fiduciary
final arbiter of all justiciable controversies before it. duty to his client which is of a very delicate, exacting
and confidential character, requiring a very high
The explanation of Castellano in his negligence in the degree of fidelity and good faith that is required by
filing of the petition for certiorari did not render his reason of necessity and public interest.
negligence excusable. It is clear that the case was lost
not by the alleged injustices Castellano irresponsibly (Agpalo)
ascribed to the members of the court, but his
inexcusable negligence and incompetence. Attorney-client relationship
 The relationship is strictly personal and highly confidential
As an officer of the court, he should have known and fiduciary (something in trust for another). Thus,
better than to smear the honor and integrity of the delegation is prohibited absent the client’s consent. It
court just to keep the confidence of his client. likewise terminates at death of either the client or the
attorney.
Also, the complaint he filed, the most basic tenet of
the system of government – separation of power -  Courts have to recognise its creation on the faith of the
has been lost. He should know that not even the client’s word. Likewise,
President of the Philippines can pass judgment on any
of the court’s acts.  A client can terminate it any time with or without the
consent of the lawyer. However, an attorney enjoys no
similar right as he is an officer of the court and he may be
Chapter 4 permitted to withdraw only with the consent of his client
The Lawyer and the Client or with the approval of the court
NOTES  There should be a proper sense of vicarious detachment,

(Regala v. Sandiganbayan) less emotional involvement to adequately serve interest of
client. It is therefore advisable not to appear for oneself or
 The nature of lawyer-client relationship is close relatives.
premised on the Roman Law concepts of
1. location conduction operarum (contract of  It demands undivided allegiance, a conspicuous and high
lease and services) where one person lends degree of good faith, disinterestedness, candour, fairness,
his services and another hires them without loyalty, fidelity and absolute integrity in dealings and
reference to the object of which the services transactions. It demands the utter renunciation of every
are to be performed, wherein lawyers’ personal advantage conflicting in any way
services may be compensated by
honorarium  The relationship has to be reconciled with duties to the
2. mandato (contract of agency) wherein a court and thus requires fidelity and loyalty in varying
friend on whom reliance could be placed degrees within limits
makes a contract in his name, but gives up all
that he gained by the contract to the person  Its preservation and protection encourage clients to
who requested him. entrust their legal problems to an attorney, which is
paramount importance in administration of justice
 BUT the lawyer-client relationship is more than
that of the principal-agent and lessor-lessee. The  In sum, an attorney must exert his best efforts and
modern day perception is that an attorney is learning: to protect of client; to promptly account for any
more than a mere agent or servant because fund/ property entrusted by or received for client; not to
1. he possesses special power of trust and purchase/ acquire any property or interest of client in
confidence reposed on him by his client litigation; to forever keep inviolate client’s secrets or
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2. he is as independent as the judge of the confidence; not to represent an adverse party even after
court termination.
3. he occupies a “quasi-judicial” office since he
is an officer of the Court and he exercises his Sufficiency of Employment
judgment in the courses of action to be  A lawyer has no power to act as counsel or legal
taken favorable to his client representative for a person without being retained nor
4. In the creation of lawyer-client relationship, may he appear for a party in a case without being
there are rules, ethical conduct and duties employed unless by leave of court
47
CANON 14
 The essential feature of the relation of attorney SERVICE TO THE NEEDY
and client is the fact of employment. While a
written agreement for professional services is the  Canon 14. A lawyer shall not refuse his services
best evidence to show the relation, formality is to the needy.
not an essential element of the employment of a
lawyer Rule 14.01. A lawyer shall not decline to represent a
person solely on account of the latter’s race, sex, creed or
 It is sufficient, to establish the professional status of life, or because of his own opinion regarding the guilt
relation, that the advice and assistance of an of said person.
attorney is sought and received in any matter
pertinent to his profession Rule 14.02. A lawyer shall not decline, except for serious
and sufficient cause, an appointment as counsel de oficio or as
 There is an implied contract of professional amici curiae, or a request from the Integrated Bar of the
employment where an attorney appears on Philippines or any of its chapters for rendition of free legal aid.
behalf of a party without the latter interposing
any objection thereto Rule 14.03. A lawyer may refuse to accept representation
of an indigent client if:
 In the absence of a written retainer, the a. he is not in a position to carry out the work effectively or
establishment of the attorney-client relationship competently;
depends upon the circumstances of each case b. he labors under a conflict of interests between him and the
prospective client or between a present client and the
 To employ an attorney one has to have legal prospective client.
capacity to do so. Minors/ incompetents must
have a general guardian/ guardian ad litem has to Rule 14.04. A lawyer who accepts the cause of a person
employ an attorney. unable to pay his professional fees shall observe the same
standard of conduct governing his relations with paying clients.
Retainer
 Rule 2.01. A lawyer shall not reject, except for
 Retainer, defined: valid reasons, the cause of the defenseless or the oppressed.
(1) an act of client by which he engages services of an
attorney to render legal advice, defend or prosecute
his cause in court;  R.A. 6033. An act requiring courts to give preference
(2) fee which a client pays to an attorney when latter to criminal cases where the party or parties involved are
is retained (retaining fee) indigents (1969)—ANNEXED
 General retainer, defined: secure beforehand  R.A. 6034. An act providing transportation and other
services of attorney for any legal problem that allowances for indigent litigants. (1969)— ANNEXED
may afterward arise
 RA 6035. An act requiring stenographers to give free
 Special retainer, defined: particular case or transcript of notes to indigent and low income litigants and
service providing a penalty for the violation thereof. (1969)—
ANNEXED
 Retaining fee, defined: preliminary fee paid to
insure and secure future services, to remunerate NOTES
him for being deprived, by being retained by one (Agpalo)
party. It prevents undue hardship resulting from
the rigid observance of the rule forbidding him  A private practitioner, as a general rule, is not obliged to
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from acting as counsel for other party act as counsel for a person who may wish to become his
client. He has the right to decline employment.
Employment of a law firm  Canon 14 provide the exceptions to the general rule and
emphasize the lawyer’s public responsibility of rendering
 The employment of a law firm is equivalent to
legal services to the needy and the oppressed who are
the retainer of a member thereof even though
unable to pay attorney’s fees. In such cases, refusal is the
only one of them is consulted
exception rather than the rule.
48
RULE 14.01 be honestly debatable under law. He is not to encourage

AVAILABILITY OF SERVICES the commencement or the continuance of an action or
REGARDLESS OF STATUS delay any man’s cause, for any corrupt motive or interest.
He must decline to conduct a civil cause or to make a
 Rule 14.01. A lawyer shall not decline defense when convinced that it is intended merely to
to represent a person solely on account of the latter’s harass or injure the opposite party or to work oppression
race, sex, creed or status of life, or because of his own or wrong. If he were to take a bad civil case for a plaintiff,
opinion regarding the guilt of said person. it will only be to advise him not to file the action or to
settle it with the claimant. If he were to accept the
 Rule 138, sec. 20 (h-i). Duties of attorneys.— defense of a bad civil case against a defendant, it will either
It is the duty of an attorney: (h) Never to reject, for be to exert his best effort toward a compromise or, to tell
any consideration personal to himself, the cause of his client to confess judgment
the defenseless or oppressed. (i) In the defense of a
person accused of crime, by all fair and honorable RULE 14.02
means, regardless of his personal opinion as to the PROVIDING COUNSEL DE OFICIO
guilt of the accused, to present every defense that the
law permits, to the end that no person may be 1. Counsel de Oficio
deprived of life or liberty, but by due process of law.
 Rule 14.02. A lawyer shall not decline, except for
NOTES serious and sufficient cause, an appointment as counsel de
(Jardeleza) oficio or as amici curiae, or a request from the Integrated Bar of
the Philippines or any of its chapters for rendition of free legal
 Rule 14.01 applies only to criminal cases. aid.
(Agpalo)  Rule 138 sec. 20 (h), Duties of attorneys. – It is the

duty of an attorney: (h) Never to reject, for any consideration
 Regardless of his personal feelings, a lawyer personal to himself, the cause of the defenseless or oppressed;
should not decline representation because a
client or a cause is unpopular or community  Rule 138, sec. 31 Attorney’s for destitute litigants.—A
reaction is adverse court may assign an attorney to render professional aid free of
charge to any party in a case, if upon investigation it appears
 Rule 14.01 makes it his duty not to decline to that the party is destitute and unable to employ an attorney,
represent the accused regardless of his opinion and that the services of counsel are necessary to secure the
as to his guilt. ends of justice and to protect the rights of the party. It shall be
the duty of the attorney so assigned to render the required
 In criminal cases: easy to take accused because of service, unless he is excused therefrom by the court for
presumption of innocence and proof beyond sufficient cause shown.
reasonable doubt.
 Rule 116, sec. 6. Duty of court to inform accused of his
In Civil Actions right to counsel.—Before arraignment, the court shall inform
 In a civil action, the rules and ethics of the legal the accused of his right to counsel and ask him if he desires to
profession enjoin a lawyer from taking a bad have one. Unless the accused is allowed to defend himself in
case, and he certainly knows whether a civil suit person or has employed counsel of his choice, the court must
is good, bad, or honestly debatable under the assign a counsel de oficio to defend him.
law.
 Rule 116, sec. 7. Appointment of counsel de oficio—
 The attorney’s signature in every pleading The court shall appoint a counsel de oficio to defend a client,
constitutes a certification by him that there is considering [1] the gravity of the offense, [2] the difficulty of
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good cause to support it and that it is not the questions that may arise, [3] and the experience and ability
interposed for delay, and a willful violation of of the appointee. The counsel must be [1] a member of the bar
such rule may subject the lawyer to disciplinary in good standing [2] or, in localities without lawyers, any person
action. of good repute for probity and ability
 It is the lawyer’s duty to counsel or maintain such  Rule 116, sec. 7. Time for counsel de oficio to prepare
actions or proceedings only as appear to him to for arraignment. — Whenever a counsel de oficio is appointed
be just, and such defenses only as he believes to by the court to defend the accused at the arraignment, he shall
49
be given a reasonable time to consult with the attorney’s regular practice and the possibility that the
accused as to his plea before proceeding with the compensation for counsel de oficio will be considered as a
arraignment. regular source of income.
 Rule 124 (Case on Appeal in the CA), sec. 2. Assignment from the IBP
Appointment of counsel de oficio for the accused.—If  The IBP has established legal aid offices throughout the
it appears from the record of the case transmitted country
that [1] the accused is confined in prison, [2] is
without counsel de parte on appeal, or [3] has signed  Legal aid is not a matter of charity. It is a means for the
the notice of appeal himself, correction of social imbalance that may and often do lead
the clerk of court of the CA shall designate a counsel to injustice, for which reason it is a public responsibility of
de oficio. the bar
An appellant who is not confined in prison may, upon
request, be assigned a counsel de oficio within the 10 2. Amicus Curiae
days from receipt of the notice to file brief and he
establishes his right thereto by affidavit.  Rule 138, sec. 36. —Amicus curiae.—Experience and
impartial attorney’s may be invited by the Court to appear
NOTES as amici curiae to help in the disposition of issues
(Aguirre) submitted to it.
 Rule 138, sec. 31 is the general rule for all NOTES

indiegent litigants as it speaks of the attorney for (Agpalo)
destitute litigants. Rule 116 sec. 6 & 7 and Rule
124, sec. 2 refer to the “accused” in a criminal  Amicus curiae, defined: A friend of the court;” a
case and counsel de oficio is used only for the “bystander” (usually a counsellor) who interposes or
“accused” in a criminal proceeding. volunteers information upon some matter of law in regard
to which the judge is doubtful or mistaken.
(Agpalo)
 A lawyer should not decline an appointment by the court
 Counsel de Oficio, defined: a counsel, appointed as amicus curiae except for a valid cause
or assigned by the court, from among such
members of the bar in good standing who by
reason of their experience and ability, may  P.D. 543. Authorizing the designation of municipal
adequately defend the accused. judges and lawyers in any branch of the government service to
act as counsel de oficio for the accused who are indigent in
 One of the obligations incident to the status and places where there are no available practicing lawyers.
privilege of a lawyer to practice law is to (1974)—ANNEXED
represent the poor and the oppressed in the
prosecution of their claims or the defense of their RULE 14.03
rights VALID GROUND FOR REFUSAL
Assignment as counsel de oficio  Rule 14.03. A lawyer may refuse to accept

 If a person who is under the investigation for the representation of an indigent client if:
commission of an offense cannot afford the a. he is not in a position to carry out the work effectively or
services of a counsel, he must be provided with competently;
one; but not if the client wants or expresses the b. he labors under a conflict of interests between him and the
desire to have counsel de parte.. prospective client or between a present client and the
prospective client.
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 Every lawyer should welcome his appointment as

counsel de oficio as an opportunity to render RULE 14.04
public service, show that the practice of law is a SAME STANDARD OF CONDUCT FOR
profession, and demonstrate that the discharge PAYING AND NON-PAYING CLIENTS
of his duties does not depend upon payment.
 Rule 14.04. A lawyer who accepts the cause of a
 A lawyer should not however be frequently person unable to pay his professional fees shall observe the
designated counsel de oficio. The burden of an
50
same standard of conduct governing his relations with NOTES

paying clients. (Agpalo)
 This canon is based on the character of the attorney-client

CANON 15 relationship which is strictly personal and highly
OBSERVE CANDOR, FAIRNESS AND LOYALTY confidential and fiduciary. Only in such a relationship can a
person be encouraged to repose confidence in an attorney.
 Canon 15. A lawyer shall observe
candor, fairness and loyalty in all his dealings and  The canon therefore is required by necessity and public
transactions with his clients. interest and is based on the hypothesis that abstinence
from seeking legal advice in a good cause is an evil which is
Rule 15.01. A lawyer, in conferring with a fatal to the administration of justice.
prospective client, shall ascertain as soon as
practicable whether the matter would involve a RULE 15.01 AND 15.03
conflict with another client or his own interest, and if CONFLICT OF INTEREST
so, shall forthwith inform the prospective client.
 Rule 15.01. A lawyer, in conferring with a prospective
Rule 15.02. A lawyer shall be bound by the rule client, shall ascertain as soon as practicable whether the matter
on privileged communication in respect of matters would involve a conflict with another client or his own interest,
disclosed to him by a prospective client. and if so, shall forthwith inform the prospective client.
Rule 15.03. A lawyer shall not represent  Rule 15.03. A lawyer shall not represent conflicting
conflicting interests except by written consent of all interests except by written consent of all concerned given after
concerned given after a full disclosure of the facts. a full disclosure of the facts.
Rule 15.04. A lawyer may, with the written  Art. 209 Revised Penal Code. Betrayal of trust by an
consent of all concerned, act as mediator, conciliator atorney. or solicitor.—Revelation of Secrets.—…The same
or arbitrator in settling disputes. penalty shall be imposed upon any attorney or solicitor
(procurador judicial) who, having undertaken the defense
Rule 15.05. A lawyer when advising his client of a client or having received confidential information from
shall give a candid and honest opinion on the merits said client in a case, shall undertake the defense of the
and probable results of the client’s case, neither opposing party in the same case, without the consent of his
overstating nor understanding the prospects of the first client. [the first part of this provision appears at Rule
case. 15.02]
Rule 15.06. A lawyer shall not state or imply NOTES

that he is able to influence any public official, tribunal (Agpalo)
or legislative body.
 It is the duty of a lawyer to disclose and explain to the
Rule 15.07. A lawyer shall impress upon his prospective client all circumstances of his relations to the
client compliance with the laws and the principles of parties and any interest in or any connection with the
fairness. controversy, which in his honest judgment might influence
the client in the selection of counsel.
Rule 15.08. A lawyer who is engaged in another
profession or occupation concurrently with the  The disclosure is more for the protection of the lawyer
practice of law shall make clear to his client whether than that of the client, so that the client may not lose
he is acting as a lawyer or in another capacity. confidence in him, which may even affect his fee. If the
lawyer does not disclose anything, a client may assume the
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lawyer has no interest which will interfere with his

CANON 15.
devotion to the cause confided to him or betray his
OBSERVE CANDOR, FAIRNESS AND LOYALTY
judgment.
 Canon 15. A lawyer shall observe
Duty to decline employment
candor, fairness and loyalty in all his dealings and
 It is his duty to decline employment in any matter which
transactions with his clients.
may involve representing conflicting interests
 He should not accept employment from another on a
51
matter adversely affecting any interest of his a non-professional capacity, and his presentation as a
former client with respect to which lawyer regarding the same subject matter.
confidence has been reposed.
 He should not accept employment as an Effect of termination of attorney-client relation
advocate in any matter in which he had  Termination of relation of attorney and client provides no
intervened while in the government service. justification for a lawyer to represent an interest adverse
 He should not accept employment the to or in conflict with that of the former client. Neither may
nature of which might easily be used as a he do anything injurious to his former client nor use
means of advertising his professional against former client any knowledge or information gained.
services or his skill. (ex. advice column)
 Reason: client’s confidence, once reposed, cannot be
 Although there is no statutory restriction for a divested by the expiration of professional employment.
lawyer to be an advocate and a witness for a
client in a case, the canons of the profession Acquisition of confidential information immaterial
forbid him from acting in that double capacity as  The relationship prohibits the lawyer from accepting
he will find it difficult to disassociate his relation professional employment from client’s adversary either in
to the client as a lawyer and as witness. the same case or in a different but related action applies
irrespective of whether or not the lawyer has acquired
 A lawyer generally should not refuse services to confidential information from his former client.
the needy. However, he may refuse if he is not in
a position to carry it out effectively or  Reason: if rule is made to depend on acquisition of
competently or he labors under a conflict of confidential info, it will require investigation into the case
interest between him and the prospective client and will only lead to the revelation of matters in advance
or between his present client and the prospective to client’s prejudice. It will also violate attorney-client
client. relationship.
Test of Conflict of Interest Foundation of, and reason for, the rule
 Here are some tests employed to determine the  Founded on principles of public policy and good taste. It
existence of conflicting interests. springs from attorney’s duty to represent client with
1. when, on behalf of one client, it is the undivided fidelity and to maintain inviolate the client’s
attorney’s duty to contest for that which his confidence.
duty to another client requires him to
oppose or when the possibility of such  Reason: the attorney-client relationship is one of trust and
situation will develop; confidence. A lawyer knows everything about the case,
2. whether the acceptance of the new relation hence, he must not be given opportunity to take advantage
will prevent a lawyer from the full discharge of that knowledge, otherwise the profession will suffer.
of his duty of undivided fidelity and loyalty to
his client or will invite suspicion of  Rule is designed not only to prevent dishonest practitioner
unfaithfulness in the performance thereof; from fraudulent conduct but also to preclude the honest
and practitioner from putting himself in a position where he
3. whether a lawyer will be called upon in his may be required to choose between conflicting duties, and
new relation to use against his first client any to protect him from unfounded suspicion of professional
knowledge acquired in the previous misconduct.
employment.
 An attorney should not only keep inviolate his client’s
 The proscription against representation of confidence but should likewise avoid the appearance of
conflicting interests finds application where the treachery and double-dealing.
conflicting interests arise with respect to the
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same general matter and is applicable however Opposing clients in same or related suits
slight such adverse interest may be. It applies  An attorney who appears for opposing clients in the same
although the attorney’s intentions and motives or related actions puts himself in that awkward position
were honest and he acted in good faith. where he will have to contend on behalf of one client that
which he will have to oppose on behalf of the other client.
 Rule against representing conflicting interests He cannot give disinterested advice to both clients but will
applies even if the conflict pertains to the instead be called on to use confidential information against
lawyer’s private activity or in the performance in
52
one client in favor of the other in view of the affairs, join a labor union of employees in that corporation
identicalness or relatedness of the subject. because the exercise of the union’s rights is incompatible
with his duty as a lawyer for his corporate client
 Even though the opposing clients, after full
disclosure of the fact, consent to the attorney’s  A lawyer may not, as counsel for a client, attack the validity
dual representation, the lawyer should, when his of the instrument prepared by him
clients cannot see their way clear to settling the
controversy amicably, retire from the case. Attorney’s interest vs. Client’s interest
 An attorney should not put himself in a position where self-
Opposing clients in unrelated actions interest tempts him to do less than his best for his client.
 A lawyer owes loyalty to his client not only in the (e.g., it is improper to have financial stakes in subject
case in which he has represented him but also matter of suit brought on behalf of his client)
after the relation of attorney and client has
terminated because it is not good practice to Rule applicable to law firm
permit him afterwards to defend in another case  Where a lawyer is disqualified or forbidden from appearing
another person against his former client under as counsel in a case because of conflict of interests, the law
the pretext that the case is distinct from, and firm of which he is a member as well as any member,
independent of, the former case. associate or assistant is similarly diqualified or prohibited
from so acting.
 It is improper for a lawyer to appear as counsel
for one party against the adverse party who is his  This rule is a corollary of the rule that the employment of
client in another totally unrelated action. The one member of a law firm is considered as an employment
attorney in that situation will not be able to of the law firm and that the employment of a law firm is
pursue, with vigor and zeal, the client’s claim equivalent to a retainer of the members thereof.
against the other and to properly represent the
latter in the unrelated action; or, if he can do so, Limitations to general rule
he cannot avoid being suspected by the defeated  The prohibition against representing conflicting interests
client of disloyalty of partiality in favor of the does not apply:
successful client. 1. where no conflict of interests exists (e.g. a lawyer may
represent new client against former client where both
New client against former client actions are unrelated and where lawyer will not be
 A lawyer cannot represent a new client against a called to oppose what he had espoused on behalf of
former client only when the subject matter of the former client not use confidential info against former
present controvery is related, directly of client.)
indirectly, to the subject matter of the previous 2. where the clients knowingly consent to dual
litigation in which he appeared for the former representation in writing
client. He may properly act as counsel for a new  Lawyer may represent conflicting interests before
client, with full disclosure to the latter, against a it reaches the court but only after full disclosure of
former client in a matter wholly unrelated to that the facts and express written consent of all
of the previous employment, there being no parties.
conflict of interests.  Where representation by a lawyer is for both
opposing parties, their written consent may
 Reason: what a lawyer owes to former client is to enable the lawyer to represent them before but
maintain inviolate the client’s confidence or to not after their controversy has reached the court.
refrain from doing anything which will injuriously After the controversy has reached the court, the
affect him in any matter which he previously lawyer cannot, even with the parties’ written
represented him; in this case, duty does not arise consent, represent both of them without being
held administratively liable as an officer of the
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 Where subject matter of present suit between court.

the lawyer’s new client and his former client is in  Disclosure should include thorough explanation of
some way connected, prohibition applies even if nature and extent of conflict and possible adverse
no confidential information was acquired. effects of dual representation. This should include
disclosure of the lawyer’s present and/or former
Conflicting duties clients who have conflicting interests.
 A lawyer may not, as an employee of a  Advantage: a mutual lawyer, impartial and with
corporation whose duty is to attend to its legal honest motivations, may be better situated to
53
work out an acceptable settlement since

he has confidence of both parties  If representation of conflicting interests is unknown and
 A lawyer may represent new client works prejudice against new client, judgment against the
against former client only after full latter may be set aside. Basis: a lawyer disqualified from
disclosure and written consent. Former appearing on account of inconsistency of duties is
client’s written consent constitutes a presumed to have improperly and prejudicially advised and
release from obligation to keep inviolate represented the party from beginning to end of litigation.
the client’s confidences or to desist from Two questions to be asked:
injuriously affecting him in any matter (1) Did the attorney discharge or have opportunity to discharge
which he previously represented. conflicting interests?
 Where circumstances show parties (2) Did the new client suffer prejudice? If yes to both, adverse
require independent counsel, or where judgment against new client may be justified.
lawyer may be suspected of disloyalty,
he should immediately withdraw from  Attorney’s right to be paid for his services to former client
the case. may be affected by representation of conflicting interests,
 General rule that a lawyer may be only if 2 matters are related and the former client objected
allowed to represent conflicting to such representation. But new client may not defeat
interests, where parties consent, applies attorney’s right to fees in the absence of concealment and
only where one is a former client and prejudice by reason of attorney’s previous professional
the other is a new one, not where both relationship with opposing party.
are current clients.
 Lawyer may not represent conflicting  San Jose Homeowners v. Romanillo (2005)
interests, even with consent, where the F: In 1985 Atty. Romanillos represented San Jose Homeowners
conflict is between the attorney’s Association, Inc. (SHJAI) before the Human Settlements
interest and that of a client (self-interest Regulation Commission in a case against Durano and Corp., Inc.
should yield to client’s interest) or (DCI) for violation of the Subdivision and Condominium Buyer’s
between a private client’s interest and Protection Act. While still the counsel for SHJAI, Atty.
that of the gov’t or any of its Romanillos represented the spouses Montealegre in requesting
instrumentalities (public policy and for SJHAI’s conformity to construct a building on Lot. No. 224 to
public interest forbid dual be purchased from Durano. When the request was denied,
representation). respondent applied for clearance before the HLURB in behalf of
3. where no true attorney-client relationship is the Montealegre. SJHAI terminated Atty. Romanillo’s services
attendant as counsel. Atty. Romanillo’s went further and acted as counsel
 Absence of true attorney-client for Lydia Durano-Rodriguez who substituted for DCI in
relationship either with the attorney or aforementioned civil case. SHJAI filed a disbarment case against
with the law firm of which he is a Atty. Romanillos for representing conflicting interests. In 1999
member makes the prohibition the SC recommended the dismissal of the complaint with
inapplicable. admonition that respondent should observe extra care and
 Exception: attorney’s secretary, diligence in the practice of his profession. Notwithstanding the
stenographer or clerk who, in such admonition, Atty. Romanillos continued representing Lydia
capacity, has acquired confidential Durano-Rodriguez before the CA and SC. Thus, a second
information from attorney’s client, may disbarment case was filed against him for violation of the
not accept employment or, after March 1999 Resolution and for his alleged deceitful conduct in
admission to the bar, represent an using the title “Judge” although he was not honorably
interest adverse to that of atty’s client. discharged from the judiciary being found guilty of grave and
serious misconduct in a previous case Zarate vs. Judge
Effects of representation of conflicting interests Romanillos. Atty. Romanillos had used the title “Judge” in his
 Representation of conflicting interests subjects office letterhead, correspondences, and on billboards which
SIGMA LEGIS COPY
the lawyer to disciplinary action. The reason is were erected in several areas within the Subdivision. The SC
that the representation of conflicting interests disbarred him.
not only constitutes malpractice but also a
violation of the confidence which results from H: It is inconsequential that petitioner never questioned
the attorney-client relationship, of the oath of a the propriety of respondent’s continued representation of
lawyer (in that he did not serve his client’s Rodriguez. The lack of opposition does not mean tacit consent.
interest well) and of his duty to both the client As long as the lawyer represents inconsistent interests of two
and the court. or more opposing clients, he is guilty of violating his oath. Rule
54
15.03 mandates that a lawyer shall not represent lawyer engaged as counsel for a corporation cannot represent
conflicting interests except by written consent of all members of the same corporation’s board of directors in a
concerned parties after a full disclosure. Also, derivative suit brought against them. To do so with be
respondent’s continued use of the title “Judge” tantamount to representing conflicting interests. Though
violated Rules 1.01 and 3.01 prohibiting lawyer from Salunat claims he only filed a pleading for dismissal, but in the
engaging in deceitful conduct and from using any filing of the pleading, he necessarily entered his appearance.
misleading statement or claim regarding Again, there is conflict of interests, considering the complaint in
qualifications or legal services. He resigned from the Ombudsman, albeit in the name of the individual members
being a judge during the pendency of a case where he of the PPSTA, was brought in behalf of and to protect the
was eventually found guilty of illegal solicitation and interests of the corporation.
receipt of P10,000 from a party litigant and would
have been dismissed from the service had he not
 Dee v. CA (1989)
resigned. The title “Judge” should be reserved only to
F: Donald Dee and his father went to the residence of Atty.
judges, incumbent and retired, and not to those who
Amelito Mutucto seek Mutuc’s advice regarding the alleged
were dishonorably discharged from the service. This
indebtedness of Dee’s brother Dewey to Ceasar’s Palace Casino
is not respondent’s first infraction as an officer of the
in Las Vegas. Mutuc pursued the matter and eventually freed
court and a member of the legal profession. He was
Dewey from the claim of the casino. Mutuc then sent the Dees
stripped of his retirement benefits and other
several demand letters for the P50k balance for his attorney’s
privileges in Zarate case and he got off lightly with
fees and consequently filed a suit for collection of attorney’s
just an admonition in the 1999 resolution. He
fees and refund of transportation fare. The Dees denied the
manifested undue disrespect to our mandate and
existence of any professional relationship of attorney and
exhibited propensity to violate the laws. His
client, claim that the initial visit was an informal one and that
disbarment is consequently warranted.
the services were not specifically contracted. They also claimed
that Mutuc, as the representative of Caesar’s Palace in the
 Hornilla v. Salunat (2003)
Philippines, worked for the interest of the casino.
F: Members of the Philippine Public School
Teachers Association (PPSTA) filed an intracorporate H: The absence of a written contract will not preclude the
case against members of the Board of Directors finding that there was a professional relationship which merits
before the SEC and filed a complaint before the attorney’s fees for professional fees rendered. Documentary
Ombudsman for unlawful spending and the formalism is not an essential element in the employment of an
undervalued sale of real property of PPSTA. Atty. attorney; the contract may be express or implied.
Salunat, the retained counsel of PPSTA, represented
the members of the Board of Directors in these cases. As to Mutuc being employed by the casino, the court said that
Complainants contend that Atty. Salunat was guilty of though an attorney is generally prohibited from representing
conflict of interest because he was engaged by the parties with contending positions, at a certain stage of the
PPSTA, of which complainants were members, and controversy, a lawyer may represent conflicting interests with
was being paid out of its corporate funds. The SC the consent of the parties. A common representation may work
admonished Atty. Salunat. to the advantage of the parties since a mutual lawyer with
honest motivations and impartially cognizant of the parties’
H: There is conflict of interest when a lawyer disparate positions, may well be better situated to work out an
represents inconsistent interest of two or more acceptable settlement of their differences, being free of
opposing parties. The test is whether or not in behalf partisan inclinations and acting with the cooperation and
of one client, it is the lawyer’s duty to fight for an confidence of the parties Because the petitioner was not
issue or claim, but it is his duty to oppose it for the unaware of these contending interests, he actually consented
other client. Also, if the acceptance of the new to them and cannot now decry the dual representation that he
retainer will require the attorney to perform an act postulates.
which will injuriously affect his first client in any
matter in which he represents him and also whether RULE 15.02
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he will be called upon in his new relation to use PRIVILEGED COMMUNICATION

against his first client any knowledge acquired
through their connection. Another test is whether the  Rule 15.02. A lawyer shall be bound by the rule on
acceptance of a new relation will prevent an attorney privileged communication in respect of matters disclosed to
from the full discharge of his duty of undivided fidelity him by a prospective client.
and loyalty to his client or invite suspicion of
unfaithfulness or double-dealing in the performance  Art. 209 Revised Penal Code. Betrayal of trust by an
thereof. In this case, the court is convinced that a atorney. or solicitor.—Revelation of Secrets.—In addition to
55
the proper administrative action, …shall be to the Ombudsman seeking investigation of respondents for
imposed upon an attorney-at-law or solicitor allegedly falsifying notice of arraignment and transcripts of
(procurador judicial) who, by any malicious stenographic notes which were attached to the MR. As it
breach of professional duty or of inexcusable turned out, perjury case did not reach arraigment pending
negligence or ignorance, shall prejudice his client, review in the DOJ, hence, fiscal could not have received notice
or reveal any of the secrets of the latter learned of arraignment. The Ombudsman approved filing of charges
by him in his professional capacity. against all Paredes, Sansaet and Honrada. It refused to consider
Sansaet as state witness since he could not have been
NOTES unwittingly induced to commit the crime and claimed further
(Aguirre) that his testimony would be covered by the attorney-client
privilege. Sandiganbayan sided with Ombudsman and denied
 Exceptions to privilege discharge of Sansaet as sate witness. The SC reversed the
1. When a lawyer is accused by the client and decision of the Sandiganbayan
he needs to reveal information to defend H: The Attorney-client relationship cannot apply in this case as
himself the facts and the actuations of both respondents constitute an
2. When the client discloses the intention to exception to the rule. Undoubtedly, there was a confidential
commit a crime or unlawful act. communication made by Paredes to Sansaet, regardless of the
mode. Acts and words of the parties during the period when
(Agpalo) the documents were being falsified were necessarily
confidential since Paredes would not have invited Sansaet to
 Matters disclosed by a prospective client to a his house and allowed him to witness the same except under
lawyer are protected by the rule on privileged conditions of secrecy and confidence. For attorney-client
communication even if the prospective client privilege to apply, however, the period to be considered is the
does not thereafter retain the lawyer or the date when the privileged communication was made by the
latter declines the employment. client to the attorney in relation to either a crime committed in
the past or with respect to a crime intended to be committed in
 Reason: to make prospective client free to the future. (if past, privilege applies; if future, does not apply)
discuss whatever he wishes with the lawyer In the present case, testimony sought to be elicited from
without fear that what he tells the lawyer will not Sansaet are communications made to him by physical acts
be divulged nor used against him, and for the and/or accompanying words of Paredes at the time he and
lawyer to be equally free to obtain information Honrada, either with active or passive participation of Sansaet,
from the prospective client. were about to falsify, or in the process of falsifying, the
documents which were later filed by Sansaet in the
 People v. Sandiganbayan (1997) Tanodbayan. Crime of falsification had not yet been committed,
F: In 1985, the Director of Lands sought cancellation hence, they are not covered by the privilege. It could also not
of a patent and certificate of title procured by have been covered by the privilege because Sansaet was
Paredes, Provincial Attorney of Agusan del Sur, then himself a conspirator in the commission of the crime of
Governor and Congressman, through free patent. falsification. In order that a communication between a lawyer
The patent and certificate were cancelled as the trial and his client be privileged, it must be for a lawful purpose or in
court found it was obtained thru fraudulent means. the furtherance of a lawful end. On the contrary, Sansaet, as
The Tanodbayan investigated Paredes for allegedly lawyer, may be bound to disclose the info at once in the
using former position as Provincial Attorney to interest of justice.
influence and induce Bureau of Lands officials to
favorably act on his application. A criminal case was  Regala v. Sandiganbayan (1996)
filed before Sandiganbayan. Sansaet was Paredes’s F: In 1987, the Republic through the PCGG instituted a
counsel. Sansaet filed a MR on the ground that filing complaint before the Sandiganbayan against Eduardo M.
of case would constitute double jeopardy since a Conjuangco, as one of the principal defendants, for the
perjury case had been ordered dismissed by the court recovery of alleged ill-gotten wealth. Among the defendants
SIGMA LEGIS COPY
upon recommendation of DOJ. He attached copy of named in the case are herein petitioners, who all were then
(1) dismissal order (2) certificate of arraignment and partners of the ACCRA Law Firm. In 1991, the PCGG filed a
(3) recommendation of DOJ. (these would later turn Motion to exclude private respondent Raul Roco from the
out to have been falsified with the help of Honrada, complaint as party-defendant. PCGG based its exclusion of Roco
clerk of court then acting stenographer of a MCTC in on his undertaking that he testify that the partners assisted in
Agusan del Sur). The case was dismissed however on the organization and acquisition of the corporations involved in
the ground of prescription. In 1990, a taxpayer who sequestration proceedings and that the partners acted as
filed perjury and graft charges against Paredes, wrote nominees-stockholders of said corporations. The petitioners
56
subsequently filed a counter-motion that PCGG (Metaphor: He cannot be obliged to grope in the dark
similarly exclude them as parties-defendants of the against unknown forces.)
case as accorded Roco. The PCGG set the following
conditions precedent for the exclusion of petitioners: The general rule is however qualified by some exceptions.
(1) disclosure of the identity of its clients; (2) Client identity is privileged
submission of documents substantiating the lawyer- 1. Where a strong probability exists that revealing the client’s
client relationship; (3) submission of the deeds of name would implicate the client in the very activity for
assignments petitioners executed in favor of its which he sought the lawyer’s advice.
clients covering their respective shareholdings. The 2. Where disclosure would open the client to civil liability.
Sandiganbayan denied the exclusion of petitioners for 3. Where the government’s lawyers have no case against an
their refusal to comply with the conditions required attorney’s client unless by revealing the client’s name, the
by PCGG. The SC reversed the Sandiganbayan. said name would furnish the only link that would form the
chain of testimony necessary to convict an individual of a
H: In our jurisdiction, this privilege (confidentiality in crime.
lawyer-client relationship) takes off from the
following authorities Information relating to the identity of the client may fall within
(1) Section 383 of the Code of Civil Procedure enacted the ambit of the privilege when the client’s name itself has an
by Philippine Commission; independent significance, such that disclosure would then
(2) Sec 24 Rules of Court reveal client confidences.
(3) Sec 138 of the Rules of Court;
(4) Canon 17 of the Code of Professional The instant case falls under the first and third exceptions.
Responsibility; and Under the first exception, the disclosure of the client’s name
(5) Canon 15 of the Canons of Professional Ethics would lead to establish said client’s connection with the very
fact in issue of the case, which is privileged information,
The public interests served by the policy that favors because the privilege protects the subject matter or the
confidentiality are the following: substance (without which there is no attorney-client
1. In the constitutional sphere, the privilege gives relationship). Pets have a legitimate fear that identifying their
flesh to the right to counsel and the right against clients would implicate them in the very activity for which legal
self-incrimination. If no such privilege is advice had been sought, i.e. the alleged accumulation of ill-
accorded, an accused might be compelled to gotten wealth in the aforementioned corporations. Under the
either opt to stay away from the judicial system third exception, the revelation of the client’s name would
or to lose the right to counsel. obviously provide the necessary link for the prosecution to
2. Encouraging full disclosure to a lawyer by one build its case, where none otherwise exists. It is the link that
seeking legal services opens the door to a whole would inevitably form the chain of testimony necessary to
spectrum of legal options which would otherwise convict the client of a crime.
be circumscribed by limited information
engendered by fear of disclosure. An important distinction be made between these two cases:
First case: A client takes on the services of an attorney for illicit
Necessarily, in order to attain effective purposes seeking advice about how to go around the law for
representation, the lawyer must invoke the privilege the purpose of committing illegal activities. Second case: A
not as a matter of option but as a matter of duty and client thinks he might have previously committed something
professional responsibility. illegal and consults his attorney about it. The first case does
The general rule is that a lawyer may not invoke the not fall within the privilege. Reason: It is not within the
privilege and refuse to divulge the name or identity of professional character of a lawyer to give advice on the
his client. The reasons for this are that: commission of a crime. The second falls within the exception
1. The Court has a right to know that the client because whether or not the act for which the client sought
whose privileged information is sought to be advice turns out to be illegal, his name cannot be used or
protected is flesh and blood. disclosed if the disclosure leads to evidence not yet in the
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2. The privilege begins to exist only after the hands of the prosecution, which might lead to possible action
attorney-client relationship has been established. against him. Reason: The policy serves legitimate public
The privilege does not attach until there is a interests.
client.
3. The privilege pertains to the subject matter of the RULE 15.04
relationship. MEDIATOR, CONCILIATOR OR ARBITRATOR
4. Due process considerations require that the
opposing party should know his adversary.
57
 Rule 15.04. A lawyer may, with the written  Rule 15.06. A lawyer shall not state or imply that he is
consent of all concerned, act as mediator, conciliator able to influence any public official, tribunal or legislative body.
or arbitrator in settling disputes.
NOTES
NOTES (Agpalo)
(Agpalo)
 This rule protects against influence peddling.
 An attorney’s knowledge of the law and his
reputation for fidelity may make it easy for the  Some prospective clients secure the services of a particular
disputants to settle their differences amicably. lawyer or law firm precisely because he can exert a lot of
However, he shall not act as counsel for any of influence on a judge and some lawyers exact big fees for
them. such influence
RULE 15.05 RULE 15.07

CANDID, HONEST ADVICE IMPRESS COMPLIANCE WITH LAWS AND
THE PRINCIPLE OF FAIRNESS
 Rule 15.05. A lawyer when advising his client
shall give a candid and honest opinion on the merits  Rule 15.07. A lawyer shall impress upon his client
and probable results of the client’s case, neither compliance with the laws and the principles of fairness.
overstating nor understanding the prospects of the
case.  Art. 19 Civil Code. Every person must, in the exercise
of his rights and in the performance of his duties, act with
NOTES justice, give everyone his due and observe honesty and
(Agpalo) good faith.
 A lawyer is bound to give candid and honest NOTES

opinion on the merit or lack of merit of client’s (Agpalo)
case, neither overstating nor understating the
prospect of the case. He should also give an  A lawyer is required to represent his client within the
honest opinion as to the probable results of the bounds of the law. The CPR enjoins him to employ only fair
case, with the end in view of promoting respect and honest means to attain the lawful objectives of his
for the law and the legal processes. client and warns him not to allow his client to dictate
procedure in handling the case. He may use arguable
 As officers of the court, counsel are under construction of the law or rules which are favorable to his
obligation to advice their clients against making client. But he is not allowed to knowingly advance a claim
untenable and inconsistent claims. or defense that is unwarranted under existing law.
 A lawyer who guarantees the successful outcome  While a lawyer is not expected to know all the laws he is
of a litigation is under a heavy pressure to expected to take such reasonable precaution in the
employ any means to win the case at all costs or discharge of his duty to his client .
under a cloud of suspicion of having betrayed a
client when the case is lost. In either case, he Duty to resist client’s improper request
puts himself in a trying situation.  A lawyer appears in court not only as an advocate of his
client but also as an officer of the court trusted and
 If a lawyer finds that his client’s contemplated authorized by the state to assist the court in determining
civil suit is totally devoid of merit, or that the what is right between the parties before it.
pending action against him is wholly defenseless,
which is his function and duty to find out, he  A lawyer should comply with the client’s lawful requests.
SIGMA LEGIS COPY
should so inform his client and dissuade him from But he should resist and should never follow any unlawful
filing the case or advise him to compromise or instructions. In matters of law, it is the client who should
submit rather than traverse the incontrovertible yield to the lawyer and not the other way around.
RULE 15.06  The State is vitally interested in seeking that justice is done
NOT TO CLAIM INFLUENCE and goes to great expense and provides the machinery for
that part of its governmental function. To permit lawyers
to resort to unscrupulous practices for the protection of
58
the supposed rights of their clients is to defeat of a house and lot in Moran St., Baguio City and (3) for conflict
the administration of justice, one of the purposes of interest, since his auditing firm prepared the list of claims of
of the state. creditors who were also represented by his law firm. The SC
suspended Valdes from the practice of law for one year
 A lawyer must also observe and advice his client
to observe the statute law, thought until a H: A lawyer is not barred from dealing with his client but the
statute shall have been construed and business transaction must be characterized with utmost
interpreted by competent jurisdiction, he is free honesty and good faith. Business transactions between an
and is entitled to advice as to its validity and as to attorney and his client are disfavored and discouraged by policy
what he conscientiously believes to be its just of law because by virtue of a lawyer’s office, he is an easy
meaning and extent. position to take advantage of the credulity and ignorance of his
client. Thus, there is no presumption of innocence or
 A lawyer should use his best efforts to restrain improbability of wrongdoing in favor of lawyers.
and to prevent his client from doing those things
which he himself ought not to do, particularly Factual findings show that Valdes initially acknowledged and
with reference to the conduct toward the court, respected the trust nature of the Moran property. He violated
judicial officer, witness, etc. the trust agreement when he claimed absolute ownership over
the property and refused to sell the property to Imelda after
RULE 15.08 Jose’s death. Even granting that Imelda failed to pay after the 5-
DUAL PROFESSION year period, it did not mean Valdes automatically owned the
property since the proper action would be to proceed against
 Rule 15.08. A lawyer who is engaged in the estate of Jose. Valdes’ act of excluding the Moran property
another profession or occupation concurrently with from the estate evinces his lack of fidelity to the cause of the
the practice of law shall make clear to his client client. If he truly believed property belonged to him, he should
whether he is acting as a lawyer or in another have at least informed Imelda of his claim. Valdes’ misuse of his
capacity. legal expertise to deprive his client of the Moran property is
clearly unethical.
NOTES
(Agpalo) Valdes could not claim oversight in charging the two loans
against the estate since it was made in his name. He wanted to
 Exercise of dual profession is not prohibited but a “have his cake and eat it too” and subordinated the interest of
lawyer must make it clear when he is acting as a his client to his own. He violated Canon 17 of CPR (which
lawyer and when he is otherwise, especially in provides that a lawyer owes fidelity to his clients and enjoins
occupations related to the practice of law. him to be mindful of the trust and confidence reposed on him).
Reason: certain ethical considerations may be
operative in one profession and not in the other. Valdes is guilty of representing conflict of interests. The
proscription against representation of conflicting interests finds
application where the conflicting interests arise with respect to
 Nakpil v. Valdes (1998) the same general matter and is applicable however slight such
F: Atty. Carlos Valdes was the lawyer and accountant adverse interest may be. It applies although the attorney’s
of the Nakpils. In 1965, Jose Nakpil wanted to buy a intentions and motives were honest and he acted in good faith.
summer residence in Baguio City but because of lack Representation of conflicting interests may be allowed where
of funds, he agreed that Valdes would keep the the parties give an informed consent to the representation
property in trust until the Nakpils could buy it back. after full disclosure of facts. The lawyer must explain to his
Valdes took out two loans to purchase the property. clients the nature and extent of the conflict and the possible
In 1973, Jose Nakpil died. The ownership of the adverse effects must be thoroughly understood by his clients.
Baguio property became an issue in the intestate In this case, there is clearly a conflict between the interest of
proceedings as Valdes excluded it from the inventory the estate which stands as the debtor, and that of the two
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of Jose’s estate. In 1978, Valdes transferred his title to claimants who are creditors of the estate. The fact that Valdes
the property to his company. The estate filed an did not personally file the case and appear in court is beside the
action for reconveyance and the adminstratix filed an point. Respondent acted as counsel and accountant of the
administrative case to disbar Valdes for (1) complainant after the death of Jose. His claim of resignation
maliciously appropriating the property in trust to his from the law firm is not supported by any documentary proof
family corporation (2) including in the claims against and even with his resignation from the accounting firm in 1972
the estate the amounts of the two loans which he and 1974, he returned on July 1, 1976. When Valdes
claimed were Jose’s loans “probably for the purchase
59
transferred the Moran property to his corp. on Feb. client is highly fiduciary in nature and demands utmost fidelity
13, 1978, the intestate proceedings was still pending and good faith.
in court.
CANON 16
That Imelda did not object to Valdes’ law firm acting HOLD IN TRUST CLIENT’S
as legal counsel of the estate and his accounting firm MONEY AND PROPERTIES
as auditor of both the estate and the claimants  Canon 16. A Lawyer shall hold in trust all
cannot be taken against her as there is no showing money’s and properties of his client that may come into his
that Valdes or his law firm explained the legal possession.
situation and its consequences to the complainant.
Her silence does not amount to acquiescence based Rule 16.01. A lawyer shall account for all money or
on an informed consent. property collected or received for or from the client.
The relationship of claimants to the late Nakpil does Rule 16.02. A lawyer shall keep the funds of each client
not negate the conflict of interest. When a creditor separate and apart from his own and those of others kept by
files a claim against an estate, his interest is per se him.
adverse to the estate.
Rule 16.03. A lawyer shall deliver the funds and property
Valdes undoubtedly placed his law firm in a position to his client when due or upon demand. However, he shall have
where his loyalty to his client could be doubted. In the a lien over the funds and may apply so much thereof as may be
estate proceedings, the duty of his law firm was to necessary to satisfy his lawful fees and disbursements, giving
contest the claims of these two creditors but which notice promptly thereafter to his client. He shall also have a lien
claims were prepared by his accounting firm. Even if to the same extent on all judgments and executions he has
the claims were valid and did not prejudice the secured for his client as provided for in the Rules of Court.
estate, the set-up is still undesirable. The test to
determine whethere there is conflict of interest in the Rule 16.04. A lawyer shall not borrow money from his
representation is the probability, not the certainty of client unless the client’s interests are fully protected by the
conflict. It was his duty to inhibit either of his firms to nature of the case or by independent advice. Neither shall a
avoid probability of conflict. lawyer lend money to a client except when, in the interest of
justice, he has to advance necessary expenses in a legal matter
Valdes’ claim that he could not be charged as his he is handling for the client.
“misconduct” pertains to his accounting practice is of
no merit. Complainant is not charging respondent
with breach of ethics for being the common  Art. 1491(5) Civil Code. The following persons cannot
accountant of the estate of the two creditors but for acquire by purchase, even at a public auction, wither in
allowing his accounting firm to represent 2 creditors person or through the mediation of another: (5) Justices,
of the estate and, at the same time, allowing his law judges, prosecuting attorneys, clerks of superior and
firm to represent the estate in the proceedings where inferior courts, and other officers and employees
these claims were presented. It is a breach of connected with the administration of justice, the property
professional ethics and undesirable because it placed and rights in litigation or levied upon an execution before
respondent’s and his law firm’s loyalty under a cloud the court within whose jurisdiction or territory they
of doubt. Even if misconduct pertains to his exercise their respective functions; this prohibition
accounting practice, he may still be disciplined by the includes the act of acquiring by assignment and shall apply
Court because a lawyer may be suspended or to lawyers, with respect to the property and tights which
disbarred for ANY misconduct, even if it pertains to may be the object of any litigation in which they may take
his private activities, as long as it shows in him to be part by virtue of their profession.
wanting in moral character, honesty, probity or good
demeanor. Possession of good moral character is not NOTES
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only a prerequisite to the admission to the bar but (Agpalo)

also a continuing requirement to the practice of law.
Public confidence in law and lawyers may be eroded Effects of fiduciary relations, generally
by the irrresponsible and improper conduct of a  Position of attorney enables him to put in his power, and
member of the bar. Members of the Bar are expected opens him to the temptation to avail himself, not only of
to always live up to the standards embodied in the the necessity of his client but of his good nature, liberality
CPR as the relationship bet. the attorney and his and credulity to obtain undue advantages, bargains and
gratuities.
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 Fiduciary and strictly confidential relations  Prohibition is absolute and permanent, and rests on
requiring utmost good faith, loyalty, fidelity and considerations of public policy and interest. No need to
disinterestedness on the part of an attorney is show fraud and no excuse will be heard. Law does not trust
designed to removed all such temptation. human nature to resist temptation likely to arise.
 Principles of expediency and justice demand that Application of Rule

a lawyer should not take advantage of his  When all the following four elements are present there is a
position to the prejudice of his client; on the violation of law and ethically improper conduct:
contrary, it is the client who should benefit. 1. there must be attorney-client relationship
2. the property or interest of the client must be in
 A fiduciary relationship exists as a matter of law litigation
between attorney and client, which requires all 3. the attorney takes part as counsel in the case
dealings growing out of such relationship to be 4. the attorney himself or through another purchases
subject to the closest judicial scrutiny. such property or interest during the pendency of the
litigation
Dealings with client closely scrutinized
 Court will protect client from any undue  immaterial that deed of sale is executed at the instance of
disadvantage resulting from any situation in the client or at the behest of the lawyer because the latter
which he and his attorney may stand unequal. In occupies a vantage position to dictate his terms
fact, law requires that courts be vigilant in
protecting clients “in all contractual, property or  prohibition covers any scheme which has the effect of
other relations, when one of the parties is at a circumventing the law (ex: deed of sale as attorney’s fees,
disadvantage on account of his moral purchase by firm or wife, etc...)
dependence, ignorance, indigence, mental
weakness, tender age or other handicaps.”  where the value of the property in litigation transferred by
a client in favor of his attorney in payment of the latter’s
 Business transactions between lawyers and fees is worth much more than the his services, the transfer
clients must be characterized by utmost honesty contravenes the law.
and good faith of a much higher standard than
that in ordinary business dealings. Although a When rule inapplicable
lawyer is not barred, as a rule, from dealing with  The absence of one element renders prohibition
his client, this kind of business transactions are inapplicable (e.g. an attorney may bid on behalf of his
disfavored and discouraged by policy of law— client at the auction sale of the client’s property in
because a lawyer is in a position to take litigation since it is not for his own benefit)
advantage of the credulity and ignorance of his
client. Thus, no presumption of innocence or  contingent fee contract: allowed since it neither gives nor
improbability of wrongdoing is considered in his purports to give to the attorney an absolute right, personal
favor. or real, in the subject matter during the pendency of the
litigation; the measure of compensation provided is a mere
 Even when transaction between lawyer and basis for the computation of fees and the payment made
client is not prohibited by law, burden of proof from the proceeds of the litigation is effected only after its
rests upon attorney to show fairness of the successful termination. A distinction must be made
transaction. between purchasing an interest in the litigation to enable a
lawyer to litigate on his own account or to abuse the
Purchase of client’s property in litigation client’s confidence (prohibited) and accepting
 Law and canons of the legal profession prohibit a compensation contingent upon the result of the litigation
lawyer from purchasing, even at a public or (allowed). Note, however, that a contingent fee contract
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judicial auction, either in person or through the which is unreasonable ceases to be a measure of due
mediation of another, any property or interest compensation for services rendered.
involved in any litigation in which he may take
part by virtue of his profession. Effects of Prohibited Purchase
 A prohibited purchase is null and void ab initio; public
 Purpose: to curtail any undue influence of the interest and public policy dictate that its nullity is definite
lawyer upon his client on account of his fiduciary and permanent and cannot be cured by ratification. The
and confidential relation with him.
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lawyer will be deemed to hold the property in

trust for the client. NOTES
(Agpalo)
 The client is therefore entitled to recover
property and interest from his attorney with the  A lawyer holds money or property, which he received from
fruits. The client should, however, return the or for his client, in trust and should promptly make an
purchase price and the legal interests. accounting thereof.
Purchase of choses in action  If money or property entrusted was not used for its
 Spirit of the rule against the acquisition of a purpose, it should be returned immediately to the client.
client’s property in litigation and the injunction Failure to return would raise presumption that he
against stirring up of strife should be applied in misappropriated the money/property.
determining whether the purchase of a chose in
action by an attorney is improper.  Money received by a lawyer from a person who is not his
client is also held by him in trust and he is under obligation
 Purpose: prevent lawyer from the temptation to to account for it.
litigate in his own account as a business
proposition.  The question is not whether the rights of the clients have
been prejudiced but whether the lawyer has adhered to
 It is improper for lawyer to accumulate distinct the ethical standards of the bar.
causes of action in himself by assignment from
hundreds of small claimants and sue in his name  The circumstance that a lawyer has a lien for his attorney’s
for the benefit of the clients directly interested fees over the client’s money in his possession does not
because (1) while there is no litigation yet, relieve him from the obligation to make a prompt
litigation is its purpose, and (2) attorney places accounting and his failure to do so constitutes professional
himself in the category of a voluntary litigant for misconduct
a profit.
 Berbano v. Barcelona (2003)
 It is improper for lawyer in his professional F: The Berbano family gave Atty. Barcelona up to P64,000 in
capacity to buy judgment notes or other choses cash and checks to secure the release of Daen, their attorney-
in action for much less than their face value with in-fact. Atty. Barcelona made it appear that he had connections
intent to collect them at a large profit for himself. with SC justices. The SC ordered his disbarment.
 It is improper for a lawyer to enter into an H: Respondent is guilty of culpable violations of Canons 1,
arrangement with one who purchases future 7, 11, 16 and Rule 16.01. The Code exacts from lawyers not
interests in estates where he becomes part only a firm respect for law, legal processes and the courts but
owner and shares in the profit in consideration of also mandates the utmost degree of fidelity and good faith in
his work in securing the interest. dealing with their clients and the moneys entrusted to them
pursuant to their fiduciary relationship.
 An attorney may, however, properly acquire
choses in action not in his professional capacity OBITER:
but as a legitimate investment. The fact that a The object of disbarment is not so much to punish the
person happens to be a lawyer does not deprive individual attorney himself, as to safeguard the administration
him of the privilege to engage in business of justice by protecting the court and the public from the
activities as enjoyed by any other person, but his misconduct of officers of the court, and to remove from the
being a lawyer in the practice of law enjoins him profession of law persons whose disregard for their oath of
from doing any such act as may bring dishonor to office have proved them unfit to continue discharging the trust
the profession or violate any of its ethical rules reposed in them as members of the bar. In re Almacen:
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concerning advertising or solicitation of business. “Disciplinary proceedings against lawyers are sui generis.
Neither purely civil nor purely criminal, they do not involve a
RULE 16.01 trial of an action or a suit, but are rather investigations by the
ACCOUNT FOR ALL MONEY AND PROPERTY Court into the conduct of one of its officers...there is neither a
plaintiff nor a prosecutor therein. [They] may be initiated by
 Rule 16.01. A lawyer shall account for the Court motu propio. Public interest is [their] primary
all money or property collected or received for or objective, and the real question for determination is whether or
from the client. not the attorney is still a fit person to be allowed the privileges
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as such...” In disbarment proceedings, burden of misled his clients by informing them that they could withdraw
proof rests on complainant, and for the Court to the money but later admitted that he had withdrawn the
exercise its disciplinary powers, the case against the money and spent it. The SC disbarred Atty. Legaspi.
respondent must be established by clear, convincing H: A lawyer, under his oath, pledges himself not to delay
and satisfactory proof (clear preponderant evidence). any man for money or malice and is bound to conduct himself
with all good fidelity to his clients. He is obligated to report
In determining the penalty imposed, SC considered promptly the money of his clients that has come into his
the penalties in different circumstances in previous possession (otherwise a violation of Sec. 25, Rule 138 of ROC).
cases and concluded that Atty. Barcelona deserves to He should not commingle it without his client’s consent. He
be disbarred for collecting P64,000 for the immediate should maintain a reputation for honesty and fidelity to private
release of the detainee through his alleged trust. The fact that a lawyer has a lien for fees on money in his
connection with a Justice of the SC. It appears that hands would not relieve him from the duty of promptly
Atty. Barcelona had previously been charged and accounting for the funds received.
found guilty of conduct unbecoming a lawyer in Gil T.
Aquino v. Atty. Wenceslao C. Barcelona. He A member of the bar who converts the money of his client to
misrepresented himself to complainant when he his own benefit through false pretenses is guilty of deceit,
offered to secure restructuring complainant’s loan in malpractice and gross misconduct in his office of lawyer (plus
PNB, claiming he knew someone there. He was manufactured defenses, lack of candor and failure to appear in
suspended for 6 months and ordered to return the investigation causing case to drag for 5 years). The
whatever remained of complainant’s P60,000. attorney, who violates his oath, betrays the confidence reposed
Respondent has demonstrated a penchant for in him by a client and practices deceit cannot be permitted to
misrepresenting to clients that he has the proper continue as a law practitioner. Not alone has he degraded
connection to secure relief they seek, and thereafter, himself but as an unfaithful lawyer he has besmirched the fair
ask for money which will allegedly be given to such name of an honorable profession.
connections. The same is true in this case. Not only
that, he had the audacity to tell complainant that the RULE 16.02
Justices of the Supreme Court do not accept checks. KEEP CLIENT’S FUND SEPARATE
In so doing, he placed the Court in dishonor and
public contempt.  Rule 16.02. A lawyer shall keep the funds of each
client separate and apart from his own and those of others kept
As an officer of the Court, it is his sworn and moral by him.
duty to help build and not destroy unnecessarily that
high esteem and regard towards the courts so NOTES
essential to the proper administration of justice. (Agpalo)
Judiciary has been besieged enough with accusations
of corruption and malpractice. For a member of the  A lawyer should keeps funds of each client separate and
legal profession to further stoke the embers of apart from his own. He should not use client’s money for
mistrust on the judicial system with such irresponsible personal purposes without client’s consent. He should
representations is reprehensible and cannot be report promptly the money of his client in his possession.
tolerated. Respondent made a mockery of the
Judiciary and further eroded public confidence in  Hernandez v. Go (2005)
courts and lawyers when he ignored the proceedings F: In 1961, Nazaria Hernandez’s husband left her and her
in the Aquino and in the present case. Moreso when son Luciano. Creditors of her husband went after her so she
he misrepresented to client that he has connections hired legal services of Atty. Jose Go, who advised her to give
with a Member of the Court to accommodate his him titles to 3 lots in Zamboanga City and execute deeds of sale
client and that Justices of the Court accept money. in his favor without any monetary or valuable consideration
Indubitably, he does not deserve to remain a member supposedly so that Atty. Go can sell the lots and pay Nazaria’s
of the Bar any minute longer. The Supreme Court, as debts. When mortgages over three other lots fell due, Atty. Go
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guardian of the legal profession, has ultimate redeemed the lots and convinced Nazaria to execute deeds of
disciplinary power over attorneys. sale in his favor. In 1974, Nazaria found out Atty. Go did not sell
the lots but that he become the owner, depriving her of real
 Daroy v. Legaspi (1975) properties worth millions. In 1975, Nazaria filed disbarment
F: The SC disbarred Atty. Legaspi who, without his letter-complaint. The SC disbarred Go.
client’s knowledge, received from the deputy
provincial sheriff P4,000 as their share in the intestate H: Atty. Go’s acts in acquiring the lots entrusted to him
proceeding of their maternal grandparents. He are acts constituting gross misconduct, a grievous wrong, a
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forbidden act, a dereliction in duty, willful in

character and implies a wrongful intent and not mere  Rule 16.03. A lawyer shall deliver the funds and
error in judgment, thereby violating Canon 16. Such property to his client when due or upon demand. However, he
conduct degrades not only himself but also the name shall have a lien over the funds and may apply so much thereof
and honor of the legal profession. as may be necessary to satisfy his lawful fees and
He also violated Canon 17 when he abused the trust disbursements, giving notice promptly thereafter to his client.
and confidence of Nazaria when he did not sell the He shall also have a lien to the same extent on all judgments
lots as agreed but sold it to himself. He should have and executions he has secured for his client as provided for in
given a detailed report. Complainant could have the Rules of Court.
earned more if lots were sold to other buyers.
Records show she did not receive any amount from  Rule 138, sec. 37. Attorney’s liens.—An attorney shall
respondent. have a lien upon the funds, documents and papers of his
client which have lawfully come into his possession and
OBITER: may retain the same until his lawful fees and
Respondent’s deceitful, dishonest, unlawful and disbursements have been paid, and may apply such funds
grossly immoral acts have made him unfit to remain to the satisfaction thereof. He shall also have a lien to the
in the legal profession. Lawyers are to uphold the same extent upon all judgements for the payment of
integrity and dignity of the legal profession and are to money, and executions issued in pursuance of such
refrain from any act or omission which might lessen judgements, which he has secured in a litigation of his
the trust and confidence reposed by the public in the client, from and after the time when he shall have caused a
fidelity, honesty, and integrity of the legal profession. statement of his claim of such lien to be entered upon the
Respondent blemished not only his reputation as record of the court rendering such judgement, or issuing
member of the Bar but also the legal profession. such execution, and shall have caused written notice
Membership in the bar is a privilege. It is the duty of thereof to be delivered to his client and power over such
the Court, which made a lawyer one of its officers and judgements and executions as his client would have to
gave him the privilege of ministering within its Bar, to enforce his lien and secure the payment of his just fees and
withdraw the privilege if it appears that he is no disbursements.
longer worthy of trust and confidence of his clients
and the public. NOTES
(Agpalo)
Public interest requires that an attorney should exert
his best efforts and ability to protect the interests of  Failure of an attorney to return client’s money upon
his clients. A lawyer who performs that duty with demand gives rise to presumption that he has
diligence and candor not only protects his client’s misappropriated it for his own use.
cause; he also serves the ends of justice and does
honor to the bar and helps maintain the respect of  If client agrees with lawyer as to the amount of attorney’s
the community to the legal profession. fees and as to the application of the client’s fund to pay his
lawful fees and disbursement, a lawyer may deduct what is
Good moral character is not only a condition due him and remit the balance to his client. If no such
precedent to the admission to the practice of law; its agreement or consent or if there is dispute or
continued possession is also essential for remaining in disagreement as to the fees, he should return everything to
the legal profession. client without prejudice to his filing a case to recover his
unsatisfied fees.
Sec. 27(3) , Rule 138 of the Revised Rules of Court
mandates that a lawyer may be disbarred or  This rule grants the lawyer a lien over the client’s funds in
suspended by SC for gross misconduct in office. his possession as well as on all judgments and executions
he has secured for his client, to satisfy his lawful fees and
Penalty recommended by IBP too light considering disbursements.
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the depravity of respondent’s offense. A lawyer who

takes advantage of his client’s financial plight to  Busiños v. Ricafort (1997)
acquire the latter’s properties for his own benefit is F: Atty. Ricafort, as counsel of Busiños in a case Busiños
destructive of the confidence of the public in the won, received from the Clerk of Court of RTC Ligao, Albay, P25K
fidelity, honesty, and integrity of the legal profession. and from OAS Standard High School P5K. Busiños waited for the
amounts to deposited in her account. Atty. Ricafort later
RULE 16.03 informed her that he had spent the money but he promised to
DELIVERY OF FUNDS; LAWYER’S LIEN pay her. Only after an estafa case was filed did Atty. Ricafort
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pay P60K as settlement. Busiños dropped estafa case payment of the P75K to the owner of the property. The
but not the disbarment case. The SC families changed counsel to Atty. Montemayor and filed an
administrative case against Atty. Robinol to investigate his
H: Atty. Ricafort breached Sec. 25 of Rule 138 of refusal to return money. The SC disbarred Atty. Robinol and
Rules of Court, Rule 1.01 of Canon 1 and Rules 16.01, found that Atty. Montemayor did not encroach upon the the
16.02 and 16.03 of Canon 16 of the CPR. There is no former’s attorney-client relationship with the families.
doubt he is guilty of having used the money of his
clients without their consent. His use of their money H: [re: Atty. Robinol] Atty. Robinol has no right to
is made more manifest by his letters to complainant, unilaterally appropriate his client’s money not only because he
all promising the latter to make good his promise to is bound by written agreement (the written agreement says
pay the money he withdrew from the Clerk of Court that portions of the land would be given to him not its
and OAS. Money collected by a lawyer in pursuance monetary equivalent) but also because it was highly unjust for
of a judgment in favor of his clients is held in trust and him to do so. Clients were mere squatters who could barely
must be immediately turned over to them. raised their respective quota of 2,500 per family with which to
pay for the land only to be deprived of the same by one who,
OBITER: after having seen the color of money, heartlessly took
Respondent’s transgressions manifested dishonesty advantage of them. His claim that since he was unjustly
and amounted to grave misconduct and grossly dismissed by his clients he had the legal right to retain the
unethical behavior which caused dishonor, not merely money in his possession has no basis because of the following
to respondent, but to the noble profession to which reasons: (1) There was a justifiable ground for his discharge. His
he belongs. A lawyer shall at all times uphold the clients had lost confidence in him for he had engaged in dilatory
integrity and dignity of the legal profession. The trust tactics to the detriment of their interests, which he was duty-
and confidence necessarily reposed by clients require bound to protect. (2) Even if there were no valid ground, he is
in the attorney a high standard and appreciation of bereft of any legal right to retain his client’s funds intended for
his duty to his clients, his profession, the courts and a specific purpose-the purchase of land.
the public. The bar should maintain a high standard of
legal proficiency as well as of honesty and fair dealing. The principle of quantum meruit applies if a lawyer is employed
Generally speaking, a lawyer can do honor to the legal without a price agreed upon for his services in which case he
profession by faithfully performing his duties to would be entitled to receive what he merits for his services, as
society, to the bar, to the courts and to his clients. To much as he has earned. In this case, however, the principle is
this end, nothing should be done by any member of inapplicable because there was an express contact and a
the legal fraternity which might tend to lessen in any stipulated mode of compensation.
degree the confidence of the public in the fidelity,
honesty and integrity of the profession. H: [re: Atty. Robinol] Atty. Montemayor had in no way
encroached upon the professional employment of a colleague.
Respondent chose to forget that by swearing the Of the 32 plaintiffs, 21 expressed their resolve to change their
lawyer’s oath, he became a guardian of truth and the lawyers. It is sufficient to make the consensus binding. Atty.
rule of law, and an insdispensable instrument in the Robinol is estopped from questioning his discharge. In his
fair and impartial administration of justice—a vital memorandum and in the proceedings, he stated that he had no
function of democracy. objection to Atty. Montemayor’s appearance as a counsel. He
Any departure from the path which a lawyer must was informed in writing by plaintiffs of the termination of his
follow as demanded by virtues of his profession shall services followed by another letter of the same tenor. Clients
not be tolerated especially where respondent are free to change their counsel in a pending case at any time
deliberately defied lawful orders of the Court, and thereafter employ another lawyer who may then enter his
transgressing Canon 11 which requires a lawyer to appearance. The plaintiff’s act was within their prerogative in
observe and maintain respect due to the courts. deciding to change their lawyer for loss of trust and confidence.
 Quilban v. Robinol (1989) RULE 16.04

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F: Pursuant to a court order in their favor, NO BORROWING OR LENDING

thirty-two squatter families turned over a total of
P75K to their counsel Atty. Robinol to purchase the  Rule 16.04. A lawyer shall not borrow money
land which they were occupying. Atty. Robinol had from his client unless the client’s interests are fully protected
entered into an agreement with the families that he by the nature of the case or by independent advice. Neither
would receive a portion of the land equivalent to that shall a lawyer lend money to a client except when, in the
of one of the families. On the pretense that he interest of justice, he has to advance necessary expenses in a
wanted his portion converted to cash, he witheld legal matter he is handling for the client.
65
is handling, is intended to assure the lawyer’s independent

NOTES professional judgment, for if a lawyer acquires a financial
(Aguirre) interest in the outcome of the case, the free exercise of his
judgment may be adversely affected. He might be after his
 Stated positively, the first part of the above rule own recovery more than that of his client, violating his
allows the lawyer to borrow form his client if the duty of undivided fidelity to client and making lawyering a
client’s interests are fully protected by the nature money-making venture and not a profession.
of the case or by independent advise, while the
second part allows a lawyer to lend money to his  Barnachea v. Quicho (2003)
client only when he has to advance necessary F: Atty. Quiocho had not been in the practice of law for
expenses in a legal matter he is handling for the some time but decided to revive his legal practice with some
client as this will serve the interest of justice. associates. The complainant engaged the legal services of
repsondent to cause the transfer under her name of title over
 Chapertous Contract—where the lawyer property previously owned by her sister. Complainant issued
assumes all expenses of litigation and the total amount of P41,280 for the expenses for the transfer
reimbursement is contingent on outcome of case and payment for respondent’s legal services. Atty. Quiocho
is PROHIBITED! Chapertous contracts are like encashed the checks. After two months, respondent was
wagers—the lawyer gets paid and reimbursed if unable to secure title over the property in favor of complainant.
he wins the case and loses even what he had She then demanded the refund of the amount and the
spent on the case if he loses. documents she handed. Respondent failed to comply.
Complainant Baranachea filed a complaint for breach of lawyer-
 Champerty—a bargain by a stranger (the lawyer) client relations. The SC suspended Atty. Quiocho from the
with a party to a suit (the client) by which such practice of law for one year.
third person undertakes to carry on the litigation
at his own expense and risk, in consideration of H: A lawyer is obliged to hold in trust money or property of his
receiving, if successful, a part of the proceeds or client that may come into his possession. He is to keep the
subject sought to be recovered. funds of his client separate and apart from his own and those of
others kept by him. If money entrusted to a lawyer for a
 v Maintenance—consists in maintaining, specific purpose is not used, it must be returned immediately.
supporting or promoting the litigation of another; Failure to return raises the presumption that he
Chaperty is a bargain to divide the proceeds of misappropriated it.
litigation between the owner of the liquidated
claim (the client) and a party supporting or The relation of attorney and client is highly fiduciary in nature
enforcing the litigation (the lawyer) and is of a very delicate, exacting and confidential character. A
lawyer is duty-bound to observe candor, fairness and loyalty in
 v Contingent Fee Contract—in this, the lawyer all his dealings and transactions with his clients. The profession,
gets reimbursed for any advances made for the therefore, demands of an attorney an absolute abdication of
client in the course of the representation, every personal advantage conflicting in any way, directly or
whether he wins the suit or not; only the amount indirectly, with the interest of his client.
of attorney’s fees is contingent upon winning.
 Rubias v. Batiller (1973)
(Agpalo) F: Atty. Rubias, a lawyer, filed a suit to recover the ownership
and possession of a parcel of lot which he bought from his
 That a lawyer should not borrow from his client is father-in-law, against its present occupant Batiller. Batiller
intended to prevent the lawyer form taking argued that the contract of sale between Atty. Rubias and his
advantage of his influence over the client. While father-in-law was void because it was made when plaintiff was
the lawyer may borrow where the client’s counsel of his father-in-law in a land registration case involving
interests are fully protected by the nature of the the property in dispute (pursuant to art. 1409 & 1491 of the
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case he is handling for the client, or by Civil Code). SC held that the sale was void.
independent advice from another lawyer, he
should not abuse the client’s confidence by H: “Assuming arguendo that his client could sell the same, the
delaying payment. sale would still be void and could produce no legal effect
because Article 1491 of our Civil Code prohibits lawyers,
 That a lawyer may not lend money to client, amongst others, by reason of the relation or trust or their
except when, in the interest of justice, he has to peculiar control over the property, from acquiring such
advance necessary expenses in a legal matter he property in their trust or control either directly or indirectly and
66
even at a public or judicial function. The nullity of thought that his lawyer will not abandon him when his
such prohibited contracts with regard to judicial services are needed most.
officers and lawyers is definite and permanent and
cannot be cured by ratification. In this regard, the  In re: Suspension from the Practice of Law (2004)
permanent disqualification grounded on public policy F: Atty. Maquera was suspended from the practice of law in
differs from the first three cases under art. 1491 Guam where he had also been admitted as attorney. This
(guardians, agents, and administrators), whose suspension was due to findings of misconduct, as he acquired
transactions it has been opined may be “ratified” by his client’s property as payment for his legal services and as a
means and in the form of a “new contract,” in which consequence obtained an unreasonable high attorney’s fee. IBP
case its validity may be determined only by the suspended Maquera but not for the same reason as that held in
circumstances at the time of the execution of a new his Guam case. Rather, IBP rendered to suspend him due to his
contract. failure to pay member’s dues. The SC held that Maquera’s acts
in Guam violate standards of ethical behavior for lawyers and
thus constitute grounds for his suspension in the Philippines.
CANON 17 However, because he had not been given an opportunity to be
TRUST AND CONFIDENCE heard on the matter in the Philippines he could not be
penalized therefore. The Court, asked that he show cause why
 Canon 17. A lawyer owes fidelity to he should not be penalized and suspended him, instead, for
the cause of his client and he shall be mindful of the one year for his non-payment of IBP dues.
trust and confidence reposed in him. [no
implementing rules] H: The Superior Court of Guam found that Maquera’s
acquisition of his client’s right of redemption as payment for
NOTES legal fees, his subsequent exercise of said right, and his act of
(Agpalo) selling the redeemed property for huge profits were tainted
with deceit and bad faith when it concluded that Maquera
 No lawyer is obliged to act either as adviser or charged client an exorbitant fee for his legal services.
advocate for every person who may wish to Maquera’s acts are valid grounds for his suspension from the
become his client. He has the right to decline practice of law in the Philippines. Such acts are violative of a
employment (subject to Canon 14 of the CPR). lawyer’s sworn duty to act with fidelity toward his clients.
However, Maquera’s suspension in Guam does not
 Once he agrees to take up the client’s cause, automatically result in his suspension or disbarment in the
however, the lawyer owes fidelity to such cause Philippines. This only constitutes prima facie evidence of
and he must always be mindful of the trust and Maquera’s unethical acts as a lawyer. Due process demands
confidence reposed in him; entire devotion to the that he be given the opportunity to defend himself and to
interest of the client; warm zeal and maintenance present testimonial and documentary evidence on the matter.
and defense of his client’s right; the exertion of
his utmost learning and ability to the end that  Ngayan v. Tugade (1991)
nothing be taken or withheld from his client, save F: Complainants procured the services of Atty. Tugado in
by the rules of law, legally applied. a case concerning the unauthorized entry of Soriano and
Leonido into their dwelling. Atty. Tugade drafted an affidavit
 The client is entitled to the benefit of any and which omitted the fact that Leonido was one of the persons
every remedy and defense that is authorized by who barged into their dwelling. Mrs. Ngayan signed the
law and he may expect his lawyer to assert every affidavit without reading it because Atty. Tugade rushed. Atty.
remedy or defense authorized by law in support Tugade was later discharged by complainants after they noticed
of his client’s cause, regardless of his lawyer’s the omission. After the discharge, complainants found out that
personal views. the name of Leonido was not even included in the charge. The
omission was remedied by their new counsel and a case was
subsequently filed in court. Later, Soriano and Leonido filed a

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Fear, judicial disfavor, or public unpopularity

motion for reinvestigation and attached thereto the first
should not restrain a lawyer from the full
affidavit of Mrs. Ngayan. The motion was filed by Atty.
discharge of his duty.
Gaminda, a former classmate of Atty. Tugade. Complainants
also discovered that Atty. Tugade was the lawyer of the
 The finest hours of the legal profession were
Leonido’s brother. When the motion for reinvestigation was set
those where a lawyer stood by his client even in
for hearing before the city fiscal, Atty. Tugade himself executed
the face and risk of danger to this person or
and submitted an affidavit in favor of the adverse parties. He
fortune. And his client can take comfort in the
also sent a personal letter to the fiscal denouncing
67
complainants and stating that he is filing criminal and violated Paragraph 1 and 2, No. 6 of the Canons of Professional
civil cases against them. The SC suspended Atty. Ethics which provides that “It is a duty of a lawyer at the time of
Tugade from the practice of law for one year. the retainer to disclose to the client a) all the circumstances of
his relations to the parties, b) and any interest in or connection
H: Respondent’s act of furnishing the adverse with the controversy, which might influence the client in the
parties with a copy of their discarded affidavit, thus selection of the counsel. It is unprofessional to represent
enabling them to use it as evidence against the conflicting interests, except by express consent of all concerned
complainants constitutes betrayal of trust and given after a full disclosure of the facts. Within the meaning of
confidence of his former clients in violation of par. (e), this canon, a lawyer represents conflicting interests when, in
Section 20, Rule 138, Rules of Court. We tend to behalf of one client, it is his duty to contend for that which duty
believe complainants’ claim that Atty. Tugade was to another client requires him to oppose.”
partial to the adverse parties as he even tried to
dissuade complainants from filing charges against Atty. Jalandoon used his position as Alisbo’s counsel precisely
Leonido, which could be explained by the fact that to favor his other client Carlito Sales, by delaying Alisbo’s action
respondent is the former classmate of the adverse to revive the judgment n his favor and thereby deprive him of
party’s counsel and that respondent is the lawyer of the fruits of his judgment which Atty. Jalandoon, as Sales’
the brother of Leonido in an insurance company. counsel, had vigorously opposed. Thus, although he prepared
Respondent’s act of executing an affidavit as exhibit the complaint for revival of judgment, he delayed its filing until
for the adverse parties advancing facts which are Sept 12, 1970. He postponed filing the action by asking the
prejudicial to the case of his former clients such as Court to instead resolve pending incidents in said civil case. The
the fact that the crime charged in complainant’s original complaint which he filed in the names of Ramon Alisbo
affidavit had prescribed and that he was asked to and his brothers was only partially defective because of
prepare an affidavit to make the offense more grave Ramon’s incompetence. By dropping the other plaintiffs, he
so as to prevent the offense from prescribing made it wholly defective and ineffectual to stop the running of
demonstrates clearly an act of offensive personality the prescriptive period. After filing the complaint, he sat on the
against complainants in violation of paragraph (f) of case. While he allegedly found out about Alisbo’s insanity on
Section 20, Rule 138, Rules of Court. Likewise, July 17, 1971 only, he amended the complaint to implead
respondent’s act of joining the adverse parties in Alisbo’s legal guardian as plaintiff on Dec 8, 1971 only, or
celebrating their victory over the dismissal of the case almost five months later. By that time, the prescriptive period
against them constitutes a degrading act on the part had run out. Atty. Jalandoon betrayed his client Ramon Alisbo’s
of the lawyer. Additionally, respondent’s failure to trust and did not champion his cause with that whole-hearted
answer the complaint and his failure to appear for fidelity, care, and devotion that a lawyer is obligated to give to
investigation re evidence of his flouting resistance to every case that he accepts from a client.
lawful orders of the court and illustrate his
despiciency for his oath of office. There is more than simple negligence. There is a hint of
duplicity and lack of candor in his dealings with his client, which
 Vda de Alisbo v. Jalandoon Sr. (1991) call for the exercise of the Court’s disciplinary power.
F: In an action to recover share in estate of a
deceased relative, Alisbo availed of Atty. Jalandoon’s  Ppl v. Ingco (1971)
services. Jalandoon had acted as counsel for the Sps. F: Respondent Alfredo Barrios, counsel of Gaudencio Ingco,
Sales who had secured a judgment in their favor filed fifteen days late a motion for the extension of the time for
against Alisbo. Jalandoon filed a first complaint on submitting the brief for appellant Ingco, who had been
behalf of Alisbo which was found to be defective as sentenced to death for the crime of rape with homicide. He
the lone petitioner, Alisbo was insane and without explained that he was busy with another case pending in the CA
legal capacity to sue. Jalandoon’s amended and that he was misled into assuming that he had taken the
complaint which was filed in the name of Alisbo and necessary steps to file a motion for extension of time for the
other petitioners was dismissed for having been filed submission of his brief by receipt of the resolution from the CA
beyond the reglementary period for revival of granting him such extension.
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judgment.
H: Considering that the accused was fighting for his life,
H: As a dutiful lawyer, he should have declined the the least that could be expected of a counsel de oficio is
employment offered by Alisbo on the ground of awareness of the period within which he was required to file
conflict of interest. Had he done that soon enough, appellant’s brief. The mere fact that according to him his
then Alisbo’s would have had enough time to hire practice was extensive requiring his appearance in courts in Mla
another lawyer and they would not have lost their and other provinces should not have lessened that degree of
case through prescription of the action. He thus care necessary for the fulfillment of his responsibility. What is
68
worse is that by sheer inattention, he would confuse his client; he also serves the ends of justice, does honor to the
the proceedings in a matter pending in the CA with bar and helps maintain the respect of the community to the
this present case. Such grave neglect of duty is legal profession. This is so because the entrusted privilege to
deserving of sever condemnation. It is clearly practice law carries with it the correlative duties not only to the
unworthy of membership in the Bar which requires client but also to the court, to the bar and to the public. That
dedication and zeal in the defense of his client’s circumstance explains the public concern for the maintenance
rights, a duty even more exacting when one is counsel of an untarnished standard of conduct by every attorney
de oficio. On such an occasion, the honor and respect towards his client.” [the case cites Agpalo and, in his textbook,
to which the legal profession is entitled demand the Agpalo points out the fact that the case cited him]
strictest accountability of one called upon to defend
an impoverished litigant. He who fails in his
obligation then has manifested a diminished capacity CANON 18
to be enrolled in its ranks. SEVERLY REPRIMANDED COMPETENCE AND DILIGENCE
 Cantiller v. Potenciano (1968)  Canon 18. A lawyer shall serve his client with
F: Petitioners availed of Atty. Potenciano’s competence and diligence.
services for their petition to annul a judgment which
orders them to vacate their apartment. Atty. Rule 18.01. A lawyer shall not undertake a legal service
Potenciano assured them that he could secure for which he knows or should know that he is not qualified to
them a restraining order as the judge was his render. However he may render such service if, with the
katsukaran (close friend). Contrary to this, the judge consent of his client, he can obtain as collaborating counsel a
asked respondent to withdraw his appearance as lawyer who is competent on the matter.
counsel because of their friendship. Respondent
solicited various sums from the petitioners which, Rule 18.02. A lawyer shall not handle any legal matter
allegedly, were to be used in the litigation. But four without adequate preparation.
days prior to the hearing, Potenciano withdrew his
appearance as counsel. Unable to avail of another Rule 18.03. A lawyer shall not neglect a legal matter
lawyer’s services and to secure a restraining order, entrusted to him, and his negligence in connection therewith
the petitioners were forced to vacate the property. shall render him liable.
The SC indefinitely suspended Potenciano from the
practice of law. Rule 18.04. A lawyer shall keep the client informed of the
status of his case and shall respond within a reasonable period
H: The failure to exercise due diligence or the of time to the client’s request for information.
abandonment of a client's cause makes such lawyer
unworthy of the trust which the client had reposed on NOTES
him. Assuming that respondent had no previous (Agpalo)
knowledge that he would be asked to withdraw, the
record is quite clear that 4 days prior to the hearing of Duty to serve with competence and diligence
the preliminary injunction, respondent already filed a  Lawyer impliedly represents that: he possesses requisite
motion therein withdrawing as complainant's counsel degree of learning, skill, ability which is necessary to the
interposing as reason therefore his frequent attacks practice of his profession and which other similarly situated
of pain due to hemorrhoids. Despite this void, possess; he will exert his best judgment in the prosecution
respondent failed to find a replacement. He did not or defense of the litigation entrusted to him; he will
even ask complainant to hire another lawyer in his exercise reasonable and ordinary care and diligence in the
stead. His actuation is definitely inconsistent with his use of his skill and in the application of his knowledge to
duty to protect with utmost dedication the interest of his client’s cause; he will take such steps as will adequately
his client and of the fidelity, trust and confidence safeguards his client’s interest. A client may reasonably
which he owes his client. More so in this case, expect that counsel will make good his representations.
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whereby reason of his gross negligence complainant

thereby suffered by losing all her cases. Duty to safeguard client’s interest
 This commences from his retainer until his effective release
Ratio why much is demanded of a lawyer: “Public from the case or the final disposition of the whole subject
interest requires that an attorney exert his best matter of the litigation.
efforts and ability in the prosecution or defense of his
client’s cause. A lawyer who performs that duty with  Even if the lawyer is counsel de oficio this does not diminish
diligence and candor not only protects the interest of or alter the degree of professional responsibility.
69
 Failure of the client to pay does not warrant  inadequate preparation spawns adverse effects that go far
abandonment. beyond the personal interest of the client. Inadequate
preparation for instance may mislead the court to look at
 Ethical delinquency or impropriety arises the case in an uneven light. Careless preparation may cast
invariably either from a lack of appreciation or a doubt upon lawyer’s intellectual honesty and capacity.
lawyer’s duty to his client or from a blind and
overzealous performance.  Thorough study and preparation will not ensure winning
the litigation, however lawyer shall have deep satisfaction
RULE 18.01 of having lost a case but won the esteem and respect of his
CLIENT CONSENT WITH COLLABORATING COUNSEL client and the approbation of the court in the manner he
espoused his client’s cause with skill, diligence, ability and
 Rule 18.01. A lawyer shall not candor.
undertake a legal service which he knows or should
know that he is not qualified to render. However he Preparation of Pleadings
may render such service if, with the consent of his
 Pleadings show the extent of study and preparation,
client, he can obtain as collaborating counsel a lawyer
articulate ideas, mirror the personality of the lawyer, and
who is competent on the matter.
reflect his conduct and attitude. Thus, lawyers must
exercise utmost care in the preparation of pleadings.
NOTES
 How a lawyer should prepare his pleading: thoroughly
(Aguirre)
discuss the issued raised; refrain from using abrasive and
offensive language; not suppress or distort material and
 However well meaning he may be, a lawyer
vital facts, nor omit relevant documents which bear on the
cannot ask another lawyer to collaborate with
merit or lack of merit of his petition
him in a particular case without the consent of
the client. The fiduciary nature of attorney-client
 The following may not excuse a lawyer from complying
relationship prohibits this.
with preparation of pleadings: time pressure; inexperience
of counsel; assertiveness in espousing his client’s cause or
(Agpalo)
even good faith and honest intention.
 Some cases involve specialised fields of law and
 Note that a complaint for damages: should allege and state
require special training. A lawyer should not
the specific amounts claimed in the body of complaint and
accept an undertaking in specific area of law
the prayer
which he knows or should know he is not
qualified to enter.
Interviewing witnesses
 He may render such service if his client consents,  A lawyer may interview a witness in advance of trial to
he can obtain a collaborating counsel who is guide him in the management of the litigation
competent on the matter.
 Witness however must be warned when asked on cross-
RULE 18.02 examination as to whether counsel has conferred with him,
ADEQUATE PREPARATION a cheap subterfuge employed by some lawyers to entrap a
witness in to falsehood, to be truthful and frank to
 Rule 18.02. A lawyer shall not handle admitting it.
any legal matter without adequate preparation.
 He should avoid any suggestion calculated to induce
NOTES witness to suppress or deviate from the truth
(Agpalo)
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 Lawyer may also interview a “prospective witness for the

 Lawyer should safeguard his client’s rights and opposing side in any civil or criminal action without the
interests by thorough study and preparation; consent of the opposing counsel or party.
mastering applicable law and facts involved in a
case, regardless of the nature of the assignment;  A lawyer may properly obtain statements from witnesses
and keeping constantly abreast of the latest whose names were furnished by the opposing counsel or
jurisprudence and developments in all branches interview the employees of the opposing party even
of the law
70
though they are under subpoena to appear as  A lawyer who enters in midstream has duty to inquire
witnesses for the opposite side. status of the case
 An adverse party may be used as witness. But not  A lawyer should see to it that his client attend the pre-trial
within the meaning of the rule permitting a conference. If client cannot appear, he should secure a
lawyer to interview the witness of the opposing written authority to compromise action and submit the
party even without the consent of the opposing case to arbitration
counsel. REASON: lawyer is forbidden from
communicating upon the subject of controversy  A lawyer should not assume that motion for extension will
with the opposite party, except with the latter’s be granted. He should always inquire with the clerk of
counsel. court.
 It is the lawyer’s duty to obtain witness’s  If a lawyer failed to present motion for extension of time to
retraction if he committed perjury file a pleading, motion, brief or memorandum, and within
the reglementary period, he should file the same
RULE 18.03 accompanied with a motion for leave to admit it, stating
NOT TO NEGLECT LEGAL MATTERS therein the reasons for the delay.
 Rule 18.03. A lawyer shall not neglect a  A lawyer who cannot continue representation should ask
legal matter entrusted to him, and his negligence in his client to be allowed to withdraw so that another
connection therewith shall render him liable. counsel may be retained. When client refuses, or nowhere
to be found, which will render performance of lawyer’s
duties difficult or impossible, he should ask that he be
 A lawyer who accepts a legal matter from his discharged or apply or to the court to be released.
client is understood that he will take all
procedural steps necessary to prosecute the  Pressure and large volume of legal work provide no excuse
client’s claim or to defend the client’s rights in for the inability to exercise due diligence
the action
What to do in case of conflict in trial dates
 He should lose no time in asking for postponement of the
Ordinary diligence required case or cases set later, as he should not give undue
 The standard of diligence required of a lawyer is preference as against the other EXCEPT in favor of that
that of a good father of a family. He is not bound case wherein the court has served warning, in view of the
to exercise extraordinary diligence previous repeated postponements of trial
 There is want of required diligence when a  The most ethical thing to do: inform the prospective client
lawyer fails without sufficient justification to of all the facts so that the latter may retain another lawyer.
bring an action immediately, to answer a If client still retains that lawyer, after full disclosure, he
complaint within the reglementary period, to assumes the risk and cannot complain of the consequences
notify his client of the date of the date of hearing, if postponement is denied and finds himself without an
to attend the scheduled pre-trial conference, to attorney to represent him at the trial
inform the client of an adverse judgment within
the reglementary period to appeal, to take steps Adoption of system to insure receipt of mails
to have the adverse decision reconsidered or  A lawyer should maintain a system that will insure his
appealed, to ascertain the correct date of receipt prompt receipt of notices and communications sent to him
of decision, to acquaint himself with what has by registered mail at his address of record
happened to the litigation, to pay docket fee on
appeal, to claim judicial notice sent to him by 
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The following will not prevent service of registered mail

mail or to file the appellant’s brief from being effective after 5 days of notice by postmaster:
lawyer could not afford to hire a regular clerk to claim mail;
 If lawyer cannot appear at the scheduled hearing, that his clerk failed to call his attention to it; the demands
he should either request another lawyer to of his work required him to be in different places; changed
appear for him and see to it that he does so or his address without notice to the court
ask for its postponement (without assuming that
postponement will be granted) Notice of change of address
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 A lawyer must make of record his correct address  He should present by all fair and honorable means, every
in the case in which he appears for a suit or and defense and mitigating circumstance that the law permits
to inform the court in writing of his change of to the end that his client may not be deprived of life,
address. Otherwise he will not be entitled to be liberty or property but by due process of law legally
served with judicial notice if address not on applied.
record.
 The effect of failure to notify the court of a  In defense, a lawyer should not put on a witness stand
change in address is that a notice served at the whom he knows will give a false testimony. He should also
attorney’s original address is binding upon the not attribute to another person the crime with which his
client who will suffer the consequences. client is charged unless it can be inferred that another may
have committed it.
 Note that if a client dies, the lawyer should  A lawyer may not cause the transfer, through
inform court within 30 days, and request for the misrepresentation of a case pending in one sala to another
substitution of the decedent in the event that the without the consent of the judge, and for the purpose of
claim survives death obtaining a more satisfactory remedy. He cannot likewise
employ improper or dishonorable means to secure
Requiring clerk or court to do his duty acquittal of an accused known to him to be guilty, nor
 If the clerk of court is negligent, he shall call the abandon him or withdraw from the case even if he is
attention of the court to that fact or to file the convinced of his client’s guilt.
necessary motion to set the case for pre-trial or
trial so that the administration of justice will not What is required of counsel de oficio
suffer any delay  Expected to render effective service and to exert his best
efforts on behalf of an indigent accused.
 While clerk of court may not do his duty, it does
not discharge lawyer from the responsibility of  He ought not to be excused from his responsibility for any
seeing that the record on appeal and the trivial reason.
evidence are elevated to the appellate court
Duty of defense counsel when accused intends to plead guilty
 He may not sit idly by and wait until the clerk of  When a client desires to enter a guilty plea, his counsel
court does his duty. must fully acquaint himself with the records and
surrounding circumstances of the case; confer with the
Duty to keep client fully informed accused and obtain from him his account of what had
 A lawyer must advise his client promptly happened; advise him of his constitutional rights;
whenever he has any information to give which it thoroughly explain to him the import of a guilty plea and
is important that the client receive. These the inevitable conviction that will follow; see to it that
include: withdrawal of appeal and all adverse prescribed procedure is strictly followed and disclosed in
consequences; mode or manner by which the court records.
interest is defended of why certain steps are
taken or omitted; when client should be present  professional writrunners and pleaders: lawyers who handle
at the hearing of his case large volume of cases for less than spectacular fees by
advising, influencing, cajoling or even coercing clients to
 The client should also not sit idly by. He is bound plead guilty, irrespective of their guilt or innocence
to contact his counsel from time to time in order
that he may be informed of the progress of his  guilt plea system puts the most reputable lawyer into a
case. trying situation. It would be to the client’s advantage in
view of the evidence of guilt and in view of the
Standard of duty required of defense counsel prosecution’s offer or willingess to charge him with a lesser
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 A defense lawyer is required to render effective offense if the accused will enter a plea of guilty.
legal assistance to the accused, irrespective of his
personal opinion as to the guilt of his client (In a  The dilemma: if he were to advise his client to enter a plea,
criminal case. Remember that he can decline in a he may be less than true to his duty of extending the best
civil suit if suit is intended to harass or injure legal assistance. If he were to counsel him to plead guilty,
another) he may be confronted with the problem of division of
responsibility as to the correctness of the step taken.
Solution: none really. These problems just underscore the
72
need for a defense counsel to be conscientious H: Oca’s transgressions show his seeming stubborn mindset
and diligent in the discharge of his duties to an against the acts required of him by the courts. This intransigent
accused who desires to enter a guilty plea as the attitude not only belies lack of diligence and commitment but
best insurance for a clear conscience evinces absence of respect for the authority of the SC and other
courts involved. In not filing tha appeal memorandum, Oca
 Dalisay v. Mauricio (2005) denied the Endaya the chance of putting up a fair fight in
F: Valeriana Dalisay was impressed with Atty. dispute. He should have left it to the sound judgment of the
Melanio “Batas” Mauricio Jr.’s pro-poor and pro- court to determine whether affidavits support his clients, and
justice advocacy, and engaged his services for a civil not refuse to file altogether.
case where she is the defendant. She handed him all
pertinent documents, and paid him a total of P56K. Notwithstanding his belief that without the supporting
Notwithstanding her payments, Mauricio never documents a pleading would be futile, he should have formally
rendered any legal service regarding the civil case. and promptly manifested his intent not to file the pleadings to
Dalisay then terminated their attorney-client prevent delay. Also, he tried to evade responsibility for his
relationship and demanded the return of the amounts negligence when Endaya confronted him upon receipt of the
and documents. Mauricio refused. The SC required adverse decision. Oca was untruthful and effectively betrayed
Mauricio to refund the P56K and suspended him for 6 the trust placed in him by the client.
months.
Oca’s explanations have undertones of dishonesty, especially in
H: When Mauricio accepted PhP56,000 from being the counsel only for one incident. Though he asked to be
Dalisay, it was understood that he agreed to take up relieved, this could not mean that less was expected of him.
the latter’s case and that an attorney-client Once a lawyer takes the case, he owes it to the client to see the
relationship between them was established. From case to the end. Also, a lawyer continues to be counsel until the
then on, it was expected of him to serve Dalisay with lawyer-client relationship is terminated either by the act of his
competence and attend to her case with fidelity, care client or his own act, with permission of the court. Until such
and devotion. He did not even follow-up the case time, the lawyer is expected to do his best for the interest of his
which remained pending up to the time she client.
terminated his services. There was also no evidence
nor any pleadings submitted to show that Mauricio  Rentoy v. Ibadlit (1998)
filed any case considering that the filing fee had to be F: Atty. Ibadlit was the lawyer of Reontoy. RTC decided
paid simultaneously with the filing of a case. It is clear the case against his client. Atty. Ibadlit alleges that he told
that Mauricio did not take any step to assist Dalisay in Reontoy’s brother to inform her that they had lost the case and
her case, charging P56K is improper. While giving that appeal was futile. Confident that the brother had conveyed
legal advice and opinion on Dalisay’s problems and the message and having failed to receive any advise from
those of her family constitutes legal services, Reontoy, Atty. Ibadlit did not file an appeal. He was later
however, the attorney’s fees must be reasonable. informed that she wanted to appeal thus he filed a notice of
Obviously, P56K is exorbitant. When a lawyer takes a appeal, which was denied for having been filed beyond the
client’s cause, he covenants that he will exercise due reglementary period.
diligence in protecting the client’s rights.
H: A lawyer has no authority to waive his client’s right to
 Endaya v. Oca (2003) appeal and constitutes a negligence and malpractice as
F: The spouses Endaya were sued for unlawful proscribed in 18.03.
detainer. Atty.Wilfredo Oca of the Public Attorney’s
Office was assigned to handle their case. He failed to  Marivelles v. Mallari (1993)
submit affidavits and position papers required by the Atty. Mallari represented Mariveles in a BP 22 case, which he
MTC. Fortunately for the spouses, the case was lost in the RTC of Davao. Despite numerous extension (totaling
dismissed because the MTC held that the plaintiffs in 245 days) granted by the CA, Mallari failed to appeal. Hence
that case were not real-parties-in-interest. On appeal the decision became final. The SC, however, granted Mariveles
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to the RTC, the parties were required to submit appeal, admitting the brief filed by new counsel stating:
memoranda. Oca again failed to submit the “Where the negligence of counsel is so great that the rights of
documents. The RTC reversed the MTC decision and the accused are prejudiced and he is prevented from
the Endayas were ordered to vacate the land and pay presenting his defense, especially where the appellant raises
their debts in arrears. Endaya received the decision issues which place in serious doubt the correctness of the trial
and confronted Oca who denied having received the court’s judgment of conviction, the aforesaid rule [regarding
decision. This later proved to be false. The SC dismissal of appeals] must not be rigidly applied to avoid a
suspended OCS for 2 months. miscarriage of justice.”
73
his lawyer to assert every such remedy or defense. Also, his

 Legarda v. CA (1992) failure to file the brief despite numerous extensions violates
F: Legarda was defendant in a complaint for specific Rule 12.03.
performance. Atty. Coronel, her counsel, failed to file
an answer within the period and Legarda was thus  Blanza v Arcangel (1967)
declared in default. The lower court rendered a F: Due to lack of evidence, the SC dismissed the case against
decision against Legarda. Coronel failed to pose an Atty. Arcangel who after volunteering to help petitioners Blanza
appeal within the period. Thus, the decision became and Pasion claim pension (in connection with the deaths their
final. The SC suspended Atty. Coronel for six months. PC husbands) failed to inform them of the progress of their case
because they had not paid him for photostating expenses he
H: Coronel is guilty of gross negligence for violating had incurred.
Canon 18 and rule 18.03 particularly. By neglecting to
file the answer to the complaint against petitioner, he H: “A lawyer has a dynamic and positive role in the community
set off the events which resulted in the deprivation of than merely complying with the minimal technicalities of the
petitioner’s rights over her house and lot. “It should stature. As a man of law, he is necessarily a leader of the
be remembered that the moment the lawyer takes a community, looked up to as a model citizen. His conduct must,
client’s cause, he covenants that he will exert all perforce, be par excellence, especially so when, as in this case,
effort for its prosecution until its final conclusion. A he volunteers his professional services. Respondent here has
lawyer who fails to exercise due diligence or not lived up to that ideal standard. It was unnecessary to have
abandons his client’s cause makes him unworthy of complainants wait, and hope, for six long years on their pension
the trust reposed on him by the latter.” claims. Upon their refusal to co-operate, respondent should
have forthwith terminated their professional relationship
RULE 18.04 instead of keeping them hanging indefinitely.”
INFORM CLIENT OF STATUS OF CASE
CANON 19
 Rule 18.04. A lawyer shall keep the REPRESENTATION WITH ZEAL
client informed of the status of his case and shall
respond within a reasonable period of time to the  Canon 19. A lawyer shall represent his client
client’s request for information. with zeal within the bounds of law.
 Abay v. Montesino (2003) Rule 19.01. A lawyer shall employ only fair and honest
F: National Institute of Technology, where Abay means to attain the lawful objectives of his client and shall not
is a stockholder, availed of Atty. Montesino’s legal present, participate in presenting or threaten to present
service in an action against the estate of Galo. In CA, unfounded criminal charges to obtain an improper advantage in
Montesino failed to file an appellant’s brief so appeal any case or proceeding.
was dismissed. Abay contended that dismissal was
due to counsel’s failure to pass appellant’s brief. In Rule 19.02 A lawyer who has received information that
defense, Montesino asserted he felt that the case his client has, in the course of the representation, perpetuated
they filed was wrong as the property no longer a fraud upon a person or tribunal, shall promptly call upon the
belonged to the heirs of Galo and that they should client to rectify the same, and failing which he shall terminate
recover said property from another person. the relationship with such client in accordance with the Rules of
H: The failure of respondent to file the brief was a Court.
clear violation of his professional duty to his client.
The Court cited Rule 18.03 and 18.04 of the Code of Rule 19.03. A lawyer shall not allow his client to dictate
Professional Responsibility. Not filing the brief was the procedure in handling the case.
prejudicial because it resulted in the dismissal of the
appeal. Respondent failed to exercise due diligence NOTES
towards the cause of his client. His abandonment of (Agpalo)
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that cause made him unworthy of the trust of the

client. Even if he sincerely thinks it’s for the client’s  To society: he owes the duty not to engage in unlawful,
best interest, he should have not abandoned the dishonest, immoral or deceitful conduct. To the legal
appeal without the client’s consent. He should have profession: he is not to engage in conduct that adversely
just withdrawn his appearance and allowed the NIT to reflects on his fitness to practice law nor to behave in a
hire another lawyer. The client is entitled to the scandalous manner to the discredit of the legal profession.
benefit of any and every remedy and defense that is To the courts: not to do any falsehood, nor consent to the
authorized by the law of the land and he may expect
74
doing of any in court. To the client: to impress  Advocacy, within the bounds of law, permits the attorney
upon him compliance with the laws and to use any arguable construction of the law or rules which
principles of fairness. is favorable to his client; he is not allowed to advance
knowingly a claim or defense that is unwarranted under
 The lawyer’s obligation to represent his client existing law.
with zeal and devotion must always be within the
bounds of the law.  Rule: In espousing his client’s cause, a lawyer should not
state his personal belief as to the soundness or justice of
 While his zeal in the task of advocacy is his case. Reasons: the lawyer’s personal belief has no real
commendable and his persistence in the bearing on the case; if expression of belief were permitted,
discharge of his responsibility is understandable, it would give improper advantage to the older and better
it should not amount to obstinacy nor should it known lawyer whose opinion would carry more weight; If
be carried beyond the limits of sobriety and such were permitted, omission to make such assertion
decorum. might be taken as an admission of the lack or belief in the
soundness of his client’s cause.
RULE 19.01
FAIR AND HONEST Duty to restrain the client from impropriety
 A lawyer should use his best efforts to restrain and to
 Rule 19.01. A lawyer shall employ only prevent his client from doing those things which he himself
fair and honest means to attain the lawful objectives ought not to do, particularly with reference to the conduct
of his client and shall not present, participate in toward the court, judicial officer, witness and suitor.
presenting or threaten to present unfounded criminal
charges to obtain an improper advantage in any case  If the client persists in such wrongdoing, the lawyers
or proceeding. should terminate their relation.
 Rule 138, Sec. 20(d). Duties of attorneys.—It Technical defense

is the duty of an attorney: (d) To employ, for the  In an annulment of marriage or legal separation
purpose of maintaining the causes confided to him, proceeding, the circumstance that the state is vitally
such means only as are consistent with truth and interested in the maintenance of the marriage relation
honor, and never seek to mislead the judge or any does not necessarily render improper the lawyer’s
judicial officer by an artifice or false statement of fact appearance for a party in such proceeding and securing for
or law. him what is due him under the law.
NOTES  What is unethical is the lawyer’s participation (i.e. by

(Agpalo) encouraging the commission of a matrimonial offense, by
fabricating evidence, by suppressing evidence) in any
 Acceptance of a retainer in a civil suit implies that collusion between the parties.
a lawyer honestly believes that his client has a
good cause or defense which is ripe for judicial  Lawyer must also avoid any act which may invite or raise
adjudication. suspicion of collusion.
 It then becomes his duty to insist upon the  Consider this situation: A lawyer possesses confidential
judgment of the court as to the legal merits of his information acquired from his client who is not in collusion
client’s claim or defense. But this duty should be with the other party, the disclosure of which may defeat
carried out using only fair and honest means. the action for annulment which outcome his client does
Thus, he should not offer in evidence any not want. The question is whether he as counsel for the
document which he knows is false; not present plaintiff should reveal the information to the court or
any witnesses whom he knows will perjure; make whether he, as attorney for the respondent, should plead it
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such defense only as he believes to be honestly as a defense? The question involves conflicting goals and
debatable under the law; abstain from all loyalties: To his client, he owes the duty to secure lawfully
offensive personality; advance no fact prejudicial for him what he desires-the annulment-and to keep
to the honor or reputation of a party or witness inviolate the client’s confidence, both of which require him
unless required by the justice of the cause with to keep silent about the damaging information. To the
which he is charged. court, he owes the duty to act with honesty and candor,
which requires that he divulge the information. To society,
he owes the duty to accord fealty to the public policy that
75
considers marriage as a social institution in the client's litigation, or receive anything in discharge of a client's
maintenance of which the public is committed. claim but the full amount in cash.
Agpalo’s answer: He should incline the scale of
his decision in favor of that solution which will NOTES
best serve all his loyalties, by declining the (Agpalo)
professional employment or terminating the
professional relationship. His duty to maintain  A lawyer is not a gun for hire.
undisclosed his client’s confidence, which
outlasts his professional employment, should  Rule 19.03 warns the lawyer not to allow his client to
inhibit him, however, from volunteering such dictate the procedure in handling the case.
information to any interested party.
 A lawyer should seek instruction from his client on any
RULE 19.02 substantial matter concerning the litigation, which requires
RECTIFY CLIENT’S FRAUD decision on the part of the client (i.e. whether to
compromise the case, or to appeal an unfavorable
 Rule 19.02 A lawyer who has received judgment.) In procedural matters, the client must yield to
information that his client has, in the course of the the lawyer.
representation, perpetuated a fraud upon a person or
tribunal, shall promptly call upon the client to rectify  While it is the lawyer’s duty to comply with the client’s
the same, and failing which he shall terminate the lawful request, he should resist and should never follow
relationship with such client in accordance with the any unlawful instruction of his client.
Rules of Court.
 Rule: In matters of law, it is the client who should yield to
NOTES the lawyer and not the other way around. Reasons:
(Agpalo) Lawyer’s duty to the court is foremost. The dignity of the
legal profession may be compromised.
 Canon 19.02 merely requires the lawyer to
terminate his relationship with the client in the  An excuse that a lawyer is only following the client’s
event the latter fails or refuses to rectify the instruction cannot justify a lawyer’s violation of the rules
fraud. and ethics of the legal profession.
 On the other hand, Canon 41 of the Canons of CANON 20

Professional Ethics permits the lawyer to inform ATTORNEY’S FEES
the person injured by the fraudulent acts of his
client or the injured party’s counsel. Canon 41
 Canon 20. A lawyer shall charge only fair and
may collide with the lawyer’s duty to keep the
reasonable fees.
client’s confidence inviolate which may be the
reason for the revision.
Rule 20.01. A lawyer shall be guided by the following
factors in determining his fees:
 Rule: A lawyer may not volunteer the information a. The time spent and the extent of the services rendered or
concerning the client’s commission of fraud to required;
anybody, as it will violate his obligation to b. The novelty and difficulty of the questions involved;
maintain his client’s secrets undisclosed. c. The importance of the subject matter;
d. The skill demanded;
RULE 19.03 e. The probability of losing other employment as a result of
CONTROL PROCEEDINGS acceptance of the professed case;
f. The customary charges for similar services and the
 Rule 19.03. A lawyer shall not allow his
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schedule of fees of the IBP Charter to which he belongs;

client to dictate the procedure in handling the case. g. The amount involved in the controversy and the benefits
resulting to the client from the service;
 Rule 138, sec. 23. Authority of attorneys to h. The contingency or certainty of compensation;
bind clients.—Attorneys have authority to bind their i. The character of the employment, whether occasional or
clients in any case by any agreement in relation established; and
thereto made in writing, and in taking appeals, and in j. The professional standing of the lawyer.
all matters of ordinary judicial procedure. But they
cannot, without special authority, compromise their
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Rule 20.02. A lawyer shall, in cases of referral, wherein any city in the province is the adverse party whose
with the consent of the client, be entitled to a division voters are en-franchised to vote for provincial officials, nor shall
of fees in proportion to the work performed and such member of the Provincial Board or City or Municipal
responsibility assumed. Council appear as counsel for the accused in any criminal case
wherein an officer or employee of said province, city or
Rule 20.03. A lawyer shall not, without the full municipality is accused of an offense committed in relation to
knowledge and consent of the client, accept any fee, the latter's office, nor shall he collect any fee for his
reward, costs, commission, interest, rebate or appearance in any administrative proceedings before
forwarding allowances or other compensation provincial, city or municipal agencies of the province, city or
whatsoever related to his professional employment municipality, as the case may be, of which he is an elected
from any one other than the client. official.
Rule 20.04. A lawyer shall avoid controversies The provisions of this Section shall likewise apply to provincial
with clients concerning his compensation and shall governors and city and municipal mayors.
resort to judicial action only to prevent imposition,
injustice or fraud.
NOTES
(Agpalo)
 Rule 138, sec. 24. Compensation of
attorneys.—An attorney shall be entitled to have and
A. Right to Attorney’s Fees
recover from his client no more than a reasonable
compensation for his services, with a view to the
Generally
importance of the subject matter of the controversy,
 That the practice of law is a profession and not a money-
the extent of the services rendered, and the
making trade does not operate to deny a lawyer the right
professional standing of the attorney. No court shall
to attorney’s fees for his professional services. He has the
be bound by the opinion of attorneys as expert
right to have and recover from his client a fair and
witnesses as to the proper compensation, but may
reasonable compensation for his services, except in cases
disregard such testimony and base its conclusion on
where he has agreed to render service gratuitously or has
its own professional knowledge. A written contract
been appointed counsel de oficio.
for services shall control the amount to be paid
therefor unless found by the court to be
 Compensation of lawyer should be a mere incident of the
unconscionable or unreasonable.
practice of law; the primary purpose should be public
service. Being an officer of the court, what a lawyer may
 Rule 138, sec. 32. Compensation for
collect as his fees is always subject to judicial control.
attorneys de oficio.—Subject to availability of funds as
may be provided by law the court may, in its
discretion, order an attorney employed as counsel de  Lawyers should avoid controversies concerning
oficio to be compensated in such sum as the court compensation so far as shall be compatible with self-
may fix in accordance with section 24 of this rule. respect and with right to receive a reasonable recompense
Whenever such compensation is allowed, it shall not for services. Resort to law suits with clients should only be
be less than P30 in any case, nor more than the done to prevent injustice, imposition or fraud. The
following amounts: impression is that those instituting suits are mercenaries.
1) P50 in light felonies;
2) P100 in less grave felonies; Right to protection for counsel fees
3) P200 in grave felonies other than capital  Because the practice of law is not a business and attorney’s
offenses; vital role in administration of justice there is the need to
4) P500 in capital offenses. secure the lawyer his honorarium lawfully earned as a
means to preserve the decorum and respectability of the
 RA 5185, sec. 6 (An act granting further legal profession.
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autonomous powers to local governments)

Prohibition Against Practice. - A member of the  Duty of court not only to see that a lawyer acts in a proper
Provincial Board or City or Municipal Council shall not and lawful manner but also to see that a lawyer is paid his
appear as counsel before any court in any civil case just fees.
wherein the province, city or municipality, as the case
may be, is the adverse party: Provided, however, That  With his capital consisting only of his brains and skill
no member of the Provincial Board shall so appear acquired at tremendous cost in money, time and energy,
except in behalf of his province in any civil case he is entitled to protection of any judicial tribunal against
77
any attempt on the part of his client to escape  General rule: only the client who engaged the services of
payment of his just compensation. (ironic if, after counsel either personally or through an authorized agent is
putting the best in him to secure justice for his liable for attorney’s fees.
client, he himself would not get his due)
 Exceptions rest on equitable principle that a person who
 GENERALLY: right of lawyer to reasonable accepts the benefits of the legal representation impliedly
compensation for services requires the following: agrees to pay the lawyer’s service for he may not unjustly
1. that attorney-client relationship exists; and enrich himself at the expense of the lawyer.
2. that he rendered services to the client.
Liability of persons benefited by counsel’s services
Written agreement  General rule: a person who had no knowledge of, or
 A written agreement is not necessary to establish objected to, the lawyer’s representation may not be held
a client’s oblig to pay attorney’s fees. As long as liable for attorney’s fees even though such representation
the lawyer is honestly and in good faith trying to redounded to his benefit.. The objection should be raised
serve and represent the interest of his client, an before and not after beneficial services shall have been
absence of express undertaking does not defeat rendered by the lawyer; otherwise, the party who
recovery of fees. benefited may be required to pay counsel fees. For it is
neither just that client who retained lawyer should alone
 Acts of recognition, acquiescence by a client in pay nor is it fair that those who, investing nothing and
his attorney’s conduct may take the place of a assuming no risk, received benefits should not contribute
request to act, provided that the case was such their proportionate share to counsel fees (based on
that the client might reasonably know that he equity).
would be expected to pay the service.
 That a person who employed lawyer as counsel for a party
 Client’s obligation to pay attorney’s fees arises has not been duly authorized to do so does not necessarily
from the inanimate contract of facis ut des (I do exempt latter from liability to pay attorney’s fees. If legal
and you give) which is based on the principle that representation redounded to his benefit, retention or
no one shall unjustly enrich himself at the acceptance of the benefit cures defect of lack of authority
expense of another. on part of agent to retain the lawyer on party’s behalf and
creates oblig to pay lawyer. Exception: employment of
Quantum meruit lawyer to represent government entity by an official who
 When no price is stipulated for lawyer’s service, has no authority in law. since the benefits secured by the
courts will fix amount on quantum meruit basis, legal representation cannot take the place of the law and
or such amount which his service merit. will not create an obligation on the part of the government
entity to pay the private lawyer for his services.
 Requisite for principle: that there is an
acceptance of the benefits by one sought to be Liability of assignee
charged for the services rendered under  Since assignee of all interests pendente lite usually steps
circumstances as reasonably to notify him that into shoes of assignor and acquires all of latter’s rights and
the lawyer performing the task is expecting to be obligations in the action, assignee may be held liable for
paid compensation. counsel fees from out of the proceeds of favorable
judgment. This obligation gives the assignee the right to
 Doctrine of quantum meruit is a device to intervene in fixing amount of fees which may be a proper
prevent undue enrichment based on the charge against the judgment rendered in the action.
equitable postulate that it is unjust for a person
to retain benefit without paying for it. Liability in labor cases
 Lawyer who represented a union and its members and with
 Other times when doctrine applicable: where whom he has a retained for payment of a fixed percentage
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amount stipulated in written agreement is found of amounts recovered from the company is entitled to be
to be unconscionable or where client dismissed paid not only by union members but by non-union
counsel before termination of case or where the members as well who derived benefits from his services.
lawyer withdrew therefrom for valid reasons. But where benefits were given not because of lawyer’s
services but because of company policy, lawyer is not
Who is liable for attorney’s fees entitled to claim attorney’s fees.
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 Attorney’s fees in labor cases may not be more  To hold the estate ultimately liable for attorney’s fees
than what the law provides and they may not be requires that the person to whom the services were
checked off from any amount due the employees rendered was at the time the executor or administrator
without their written consent. and the services were rendered to him in that capacity.
Liability in derivative suits  Where administrator is himself counsel for the heirs, heirs
 Where, in a derivative suit, the professional must pay attorney’s fees.
services of counsel who instituted the action
upon request of a stockholder are beneficial to  The person who retained the lawyer and not the estate is
the corporation, counsel fees may be properly the one liable for AF arising out of a litigation in the
charged against corporate funds. But as any protection of a particular person or between beneficiaries
stockholder may file a derivative suit on behalf of or an executor or administrator and an heir except with
the corporation, any other stockholder may respect to those services which were rendered for the
intervene and oppose the grant of such fees as a benefit of the estate prior to the controversy provoked by
charge against funds of the corporation. the heir.
Liability in receivership proceedings  Attorney’s fees of a lawyer employed by an executor to

 Assets under receivership may be liable for fees secure approval of a will may, if the lawyer is successful, be
of lawyer employed by a receiver to help him in properly charged against estate. But the estate may not be
the discharge of his duties. liable for counsel fees for services rendered to annul a will
at the request of the executor (executor liable). Rationale:
 But attorney’s fees of the counsel for a defendant executor’s duty is to enforce and not invalidate the will
in a receivership proceeding are personal obligs (will – desire, command of owner of the estate as to how
of defendant and may not be paid out of the the inheritance shall be distributed).
funds in the hands of the receiver, unless services
rendered by lawyer have redounded to benefit of  Lawyer who acted as counself for administrator to secure
receivership or of plaintiff who asked for the invalidation of will may have his fees charged against the
appointment of the receiver. estate if its disapproval would mean bigger share in the
inheritance of the administrator as an heir and other heirs
Liability in trusteeship or guardianship proceedings similary situated. Benefit of legal representation to estate:
 Same rule for trusteeship and guardianship difference between what they would receive without a will
proceedings: trustee may be indemnified out of and what they would have received under the will.
the trust estate for his expenses in rendering and
proving his accounts and for the related counsel Who are entitled to or to share in attorney’s fees
fees in the same way that property of the ward  Lawyer engaged by client is one entitled to have and
may lawfully answer for counsel fees of the recover no more than a reasonable compensation for his
lawyer employed by guardian. Both are, services. If more than one lawyer employed, general rule:
however, subject to court approval. lawyers who jointly represent a common client for a give
fee, in the absence of agreement as to division of fees,
Liability in estate proceedings share equally as they are special partners for a special
 Executor or administrator who employs services purpose.
of an attorney may not hold estate directly liable
for his fees. He may, however, if services are  Fees of lawyers separately employed by client will depend
beneficial to the estate, seek reimbursement upon their respective fee arrangements with client. But if
from the estate if he has already paid them or there is no such arrangement, or if they have rendered
include them in his account with due notice to all services at one time or another, each of them will be
parties interested. entitled to no more than what his services actually
performed are reasonably worth.
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 Ultimately, estate will answer for the fees of

lawyer whose services are beneficial to estate,  Right of lawyer to share in the professional fees rests on
and if the assets have been distributed, services performed or on his being, based on an
distributees or heirs will contribute their share to agreement, a partner of another or in a law firm.
the counsel fees as the obligs of the estate follow
the assets wherever they are except in hands of a  Improper for an attorney to receive compensation for
purchaser in good faith. merely recommending another lawyer to his client because
such practice would tend to germinate evils of
79
commercialism and to destroy proper  Misconduct on part of lawyer may affect or negate his right
appreciation of professional responsibility. to recover from client a reasonable compensation for
services already performed. (examples: negligence,
Non-lawyer not entitled to fees carelessness, misrepresentation, unfaithfulness or abuse of
 Non-lawyer cannot recover attorney’s fees even client’s confidence). Basis: good morals and public policy
if there is a law authorizing him to represent a
litigant in court because basis of reasonable  Adverse result of litigation does not in itself deprive a
compensation is the existence of attorney-client lawyer of right to claim a reasonable compensation unless
relationship and the rendition of services. it is due to lawyer’s misconduct or fee stipulated is
contingent upon favorable outcome of action. Honest
Restrictions on some lawyers to charge fees mistake does not defeat right to fees.
 Lawyer who is absolutely disqualified from
engaging in private practice of law by reason of Withdrawal of counsel from the case
his government position may neither practice law  Unceremonious withdrawal from or abandonment of
nor, should he do so illegally, charge attorney’s action which prejudices client negates right to
fees for such services. Exception: fees for services compensation for services rendered. It is a breach of
already performed before lawyer qualified for implied undertaking to prosecute or defend until
public office even though payment is made termination of litigation.
thereafter.
 Lawyer who is forced to resign, with client’s conformity or
 Executor or administrator is prohibited from in accordance with prescribed procedure, because of his
charging the estate under his administration of own fault or misconduct loses right to fees earned.
his professional fees for services rendered by him
as a lawyer. Basis: One acting in a fiduciary  Withdrawal of counsel who has done work faithfully does
capacity must no place himself in such a position not affect his right to fees. If with client’s written consent,
as to make his interests antagonistic with those it is presumed that they mutually agreed to terminate
of his principal. This principle, even in absence of services and to compensate lawyer for services until
an express statutory prohibition, also restricts termination. Laywer should refund part of retainer as has
right to or limits amount of attorney’s fees which not been clearly earned. If without client’s written consent
a lawyer who occupies a fiduciary position may but for a justifiable cause made after due notice to client,
otherwise collect from his principal for his lawyer may recover reasonable worth of his services up to
services as an advocate. date of withdrawal unless fee is contingent and
contingency has not arisen.
Right of counsel de oficio to fees
 Lawyer designated by court to render Representation of adverse interests
professional services, in the absence of law  Simultaneous representation of opposing parties, in the
allowing compensation, cannot charge absence of client’s consent to the dual representation
government nor the indigent litigant for his made after full disclosure of the facts, negates right to fees
professional services. Appointment neither from both.
violates constitutional restriction against taking
of property without just compensation or the due  Lawyer’s acceptance of employment from new client
process of law nor imposes upon the government against a former client in a matter related to former
the oblig to pay him his fees because one of the controversy precludes recovery of fees from the former
obligs of an attorney willingly assumed when he client only if the latter objected to representation. But new
took his oath as lawyer is to render free legal client could not defeat right to fees in the absence of
services whenever required by the court to do so. concealment and prejudice by reason of lawyer’s previous
relationship with adverse party.
 Rules of Court: Court, in its discretion, may grant
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(token) compensation subject to availability of Lawyer’s right unaffected by client’s conduct

funds: P30-P50 in light felonies; P100 in less  Although a client has right to discharge lawyer anytime,
grave felonies; P200 in grave felonies other than dismiss or settle action or even waive the whole of his
capital offenses; P500 in capital offenses. This is interest in favor of adverse party, he cannot, in the
not intended as a source of regular income absence of lawyer’s fault, consent or waiver, deprive the
lawyer of his just fees already earned.
Attorney’s conduct affecting his right to fees
Attorney’s discharge by client
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 Discharge of lawyer by his client without a valid

cause before conclusion of litigation does not With consent of lawyer: reasonable value based on
negate lawyer’s right to recover payment for quantum meruit
services. Whether it will affect right to fees or not
will depend on existence or absence of a valid In bad faith or in fraud of counsel: full amount stipulated in
written contract for professional services and valid contract or, in its absence, reasonable worth of
nature of that contract. services
 No express written agreement as to fees:  Client has no right to compromise or waive so much of
reasonable value of services til date of dismissal. acknowledged claim secured through efforts of lawyer as
would prejudice stipulated fee, whether absolute or
Express agreement as to fees not reduced to contingent, and adverse party has no right to accept such
writing: reasonable value of services til date of compromise or waiver unqualifiedly.
dismissal. Except: where dismissal comes after
successful prosecution or defense: full amount B. Contract for Attorney’s Fees
Forms of Contract for Legal Service
 Contract in writing and fee stipulated is absolute
and reasonable: full amount. 1. Oral
Fee stipulated in valid written contract 2. Written – this is more advantageous for lawyers, hence,
contingent: reasonable value of services most contracts for attorney’s fees are in this form.
rendered. If contingency occurs or client prevents  Advantages of a Written Retainer Contract: there is control
its occurrence by dismissing, settling or waiving of amount of fee; if lawyer’s service is terminated without
his cause: full amount justifiable cause, lawyer is entitled to full amount of fees
 Lawyer should question discharge to entitle him When lawyer cannot recover full amount despite existence of
to recover under the contract, otherwise retainer
quantum meruit basis will be applied. Discharge  Situations wherein Counsel Cannot Recover Full Amount
of lawyer for cause does not necessarily deprive Despite a Written Retainer Contract: when the services
lawyer of right to be paid for his services. He may called for were not performed as when the lawyer
only be deprived if cause for dismissal constitutes withdrew before case is finished, unless withdrawal
in itself a sufficient legal obstacle to recovery. justified; when there is a justified dismissal of the attorney,
the contract will be nullified and payment shall be based
Client’s dismissal of action on quantum meruit; when the stipulated attorney’s fees
 Client may dismiss action even without consent are unconscionable; when stipulated attorney’s fees are in
of lawyer but he cannot deprive lawyer of his excess of what is expressly fixed by law; when lawyer is
attorney’s fees for services rendered, in the guilty of fraud and bad faith toward client in the matter of
absence of a waiver. employment; when the counsel’s services were worthless
In good faith and based on honest belief that because of his negligence; when contract of employment is
client has no valid cause: reasonable worth of illegal, against morals and public policy; serving adverse
services, except: fee is contingent – no recovery interests, unless lawyer proves he acted with consent and
acquiescence of both parties
In bad faith and intended to defraud lawyer of
compensation: full amount stipulated in valid Kinds of Attorney’s Fee Stipulation
written contract or, in its absence, reasonable
value of services based on quantum meruit 1. Absolute
2. Contingent
 Lawyer’s consent to dismissal does not negate 3. Fixed Fee payable per appearance
right to compensation unless such consent 4. Fixed Fee computed by number of hours spent
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amounts to waiver of right. 5. Fixed Fee based on piece work

6. Combinations of other stipulations
Client’s compromise of action
 Lawyer cannot prevent client from settling case Concepts of Attorney’s Fees
due to right to reasonable compensation, in the 1. Ordinary: an attorney’s fee is the reasonable compensation
same way that client cannot, by entering into a paid to a lawyer for the legal services he has rendered to
compromise agreement, deprive lawyer of his client. Basis is employment by client
fees in the absence of waiver on lawyer’s part. 2. Extraordinary: an attorney’s fee is an indemnity for
81
damages ordered by court to be paid by losing services rendered.

party to the prevailing party in litigation; payable
not to lawyer but to the client, unless otherwise  In contrast, amount is considered as unconscionable if it is
agreed upon; also known as attorney’s fee as such that no man in his right senses would offer on one
damages hand and no honest and fair man would accept on the
other.
 Generally, attorney’s fees in concept of damages 1. contract for attorney’s fees invalidated
are not recoverable due to public policy. There 2. recovery of attorney’s fees based on quantum meruit
are however exceptions to the rule.
Contingent Fee Contract
Kinds of Retainer
 A contingent fee contract is an agreement in writing in
1. General Retainer (retaining fee): Fee paid to a
which the fee, usually a fixed percentage of what may be
lawyer to secure his future services as general
recovered in action is made to depend upon the success in
counsel for any ordinary legal problem that may
the effort to enforce or defend a supposed right.
arise in the routinary business of the client and
referred to him for legal action.
 Lawyer gets paid only if he wins the case for the client
unless the client prevents the successful prosecution or
This could be paid monthly or annually,
defense of the action, in which case the lawyer will be
depending on lawyer-client arrangement. This is
entitled to recover on quantum meruit basis or to the full
considered as compensation for lost opportunity.
amount as fixed in a valid written agreement.
2. Special Retainer: Fee which client will pay to his
lawyer for a specific matter (case/service),  A much higher compensation is allowed as contingent fees
possibly in addition to a general retainer. in consideration of the risk that the lawyer will get nothing
if case fails. Contingent fee of 30% of money judgment is
Rationale for Adequate Compensation still considered valid.
 Adequate compensation is necessary in order to  A lawyer usually advances expenses of litigation as more
enable lawyer to serve his client effectively and often than not the client is not in a financial capacity to
to preserve the integrity and independence of pay. This contract is often the only way that a poor litigant
the profession. The legal profession cannot may have his right enforced or protected by a lawyer.
remain a viable force in fulfilling its role in our
society unless lawyers receive adequate  In contrast to a champertous contract, a contingent fee
compensation for his services. A lawyer like all contract is allowed by law. A champertous contract is one
human beings has a right to livelihood. wherein the lawyer during litigation will shoulder all the
expenses and by the end of the case, if a favorable decision
Effects of Nullity of Contract is rendered, the lawyer will get all the rewards, including
monetary and non-monetary claims.
1. preclude a lawyer from recovering fees for such
services (if nullity based on illegality of object
sought to be achieved) Validity of Contingent Fee Contract
2. lawyer entitled to recover what is justly due him  Validity depends on reasonableness of the amount fixed as
for his services based on quantum meruit ( if contingent fee based on circumstances of the case. It is
nullity not based on illegality of object) generally valid and binding unless it is obtained by fraud,
imposition or suppression of facts, or the fee is so clearly
Effects of Unconscionability of Amount excessive as to amount to extortion.
 The Court protects the client by monitoring the

SIGMA LEGIS COPY
amount paid to lawyers. Such amount must Construction of Professional Contract

always be reasonable to avoid abuse of clients by  General rule to be followed is that to adopt such a
lawyers. construction as would be more favorable to client even if it
would work prejudice to lawyer.
 Reasonability of fee is determined from the facts
of each case. It is considered as reasonable if it is  A lawyer who prepares a contract of professional services
within the capacity of client to pay, and is directly is presumed to have seized up the entire situation before
commensurate with the value of the legal entering into agreement.
82
condition sine qua non a judgment for money and execution in

 Words inserted by client in his own handwriting pursuance of such judgment secured in the main action by the
are to be taken in his favor, the insertion attorney in favor of his client. A lawyer may enforce his right to
presumed to have been made for his benefit. fees by filing the necessary petition as an incident in the main
action in which his services were rendered when something is
 It is interpreted in accordance with its terms and due his client in the action from which the fee is to be paid. An
in favor of greatest reciprocity of interest. enforceable charging lien, duly recorded, is within the
jurisdiction of the court trying the main case and this
 Research and Services Realty V. CA (1997) jurisdiction subsists until the lien is settled. There is certainly no
F: After termination, Atty. Fonacier filed suit for valid reason why the trial court cannot pass upon a petition to
Urgent Motion to Direct Payment of Attorney’s Fees determine attorney's fees if the rule against multiplicity of suits
&/or Register Attorney’s Charging Lien claiming that is to be activated.
noncollection cases were included in the contingent
fee arrangement specified in his retainer contract  Quirante v. IAC (1989)
wherein there was to be contingent compensation for F: Atty Quirante filed motion for confirmation of
any award arising from any lawsuit handled by him. attorney’s fees in the trial court, presenting alleged agreement
This was acted upon favorably by RTC ordering between him and Casasola about said fee while the main case is
Research and Services Realty (RSR) to pay Fonacier still pending. The case is being heard on appeal. The Court held
P600K as attorney’s fees based on quantum meruit. that Atty. Quirante cannot have a confirmation of attorney’s
RSR appealed and contended that Fonacier has no fees.
justification to claim attorney’s fees as: he was not
entitled to attorney’s fees in retainer contract and he H: Since the main case from which the petitioner's claims
did not exert effort to amicably settle specific case for their fees may arise has not yet become final, the
nor was he even present during negotiation of the determination of the propriety of said fees and the amount
same. The SC held that Fonacier is entitled to claim thereof should be held in abeyance. This procedure gains added
attorney’s fees for noncollection cases but that his validity in the light of the rule that the remedy for recovering
attorney’s fee on a contingent basis is unwarranted. attorney's fees as an incident of the main action may be availed
of only when something is due to the client.
H: The absence of stipulation of additional
attorney’s fees cannot be construed as a bar to the  Tanhueco v. de Dumo (1989)
collection of additional attorney’s fees in non- F: De Dumo is Tanhueco’s counsel for recovery of
collection cases. Nothing therein shows that Atty. indebtedness from different debtors. No document about their
Fonacier agreed to render professional services in lawyer-client relationship but Hilaria offered to give 15% of
such cases gratuitously. The civil case in question is what de Dumo may be able to collect from debtors. Contrary to
not yet resolved and no judgment has yet been this, Lawyer contends that their agreement is to give him 50%
rendered in favor of RSR. If at all Fonacier may be of debt collected. The Court held that the attorney’s fees
entitled to attorney’s fees, it would be on the basis if charged by de Dumo were unacceptable.
quantum meruit as of the expiration of his retainer H: The contingent fee here claimed was, under the facts
contract on 31 March 1993. obtaining in this case, grossly excessive and unconscionable.
Such a fee structure, when considered in conjunction with the
 Metropolitan Bank and Trust Co. v CA circumstances of this case, also shows that an unfair advantage
(1990) was taken of the client and legal fraud and imposition
F: Lawyers filed verified motion to enter in the perpetrated upon her.
records their charging lien. Attorney’s liens were It must be stressed that the mere fact that an agreement had
annotated on the certificate of land titles. been reached between attorney and client fixing the amount of
Consequently, the other party’s petition against sale the attorney's fees, does not insulate such agreement from
of land was granted with prejudice and a new review and modification by the Court where the fees clearly
certificate of title with his name was made wherein appear to be excessive or unreasonable. This Court has power
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attorney’s liens were annotated. The Court held that to guard a client, especially an aged and necessitous client,
the lawyers were not entitled to the enforcement of against such a contract.
charging lien for payment of its attorney's fees and
also held that a separate civil suit is not necessary for Rule 138, § 32 Compensation for attorneys de oficio. Subject to
the enforcement of such lien. availability of funds as may be provided by law the court may,
in its discretion, order an attorney employed as counsel de
H: A charging lien, to be enforceable as security oficio to be compensated in such sum as the court may fix in
for the payment of attorney's fees, requires as a accordance with section 24 of this rule. Whenever such
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compensation is allowed, it shall not be less than (Agpalo)

thirty pesos (P30.00) in any case, nor more than the
following amounts: (1) Fifty pesos (P50.00) in light Amount Fixed in a Valid Contract
felonies; (2) One hundred pesos (P100.00) in less  A valid written contract is conclusive as to amount of
grave felonies; (3) Two hundred pesos (P200.00) in compensation. Unless both parties set aside contract and
grave felonies other than capital offenses; (4) Five submit question of reasonableness of amount of fees for
hundred pesos (P500.00) in capital offenses. court to resolve on quantum meruit basis, neither client
nor lawyer may disregard amount fixed.
 Albano v. Coloma (1967)
F: Coloma was Albano’s counsel during the Rule 20.01 as guide only
Japanese occupation. According to Albano, Coloma  none of the factors is controlling but are guides only. Other
failed to expedite hearing and termination of case. factors:
Coloma denied that she did nothing to expedite the a) actual purchasing power of Philippine peso
hearing and termination of such civil case as the b) omission or fault of lawyer
records would show otherwise. After Albanos won in c) loss of opportunity on part of lawyer for other
the case, Coloma intervened to collect attorney’s fee employment
which is computed at 33.3% of what the Albanos can d) financial capacity of client
recover. The Court held that Coloma may recover
attorney’s fees. Amount based on Quantum Meruit
 Quantum Meruit means as much as a lawyer deserves. Its
H: Counsel, any counsel, if worthy of his hire, is essential requisite is acceptance of the benefits by one
entitled to be fully recompensed for his services. With sought to be charged for services rendered under
his capital consisting solely of his brains and with his circumstances as reasonably to notify him that lawyer
skill, acquired at tremendous cost not only in money expects compensation.
but in the expenditure of time and energy, he is
entitled to the protection of any judicial tribunal Instances when Court will fix Amount of Attorney’s Fees based
against any attempt on the part of a client to escape on Quantum Meruit
payment of his fees. It is indeed ironic if after putting 1. agreement is invalid for some reason other than illegality
forth the best that is in him to secure justice for the of object of performance
party he represents, he himself would not get his due. 2. amount stipulated is unconscionable
Such an eventuality this Court is determined to avoid. 3. no agreement as to fees existed between parties
4. client rejects amount fixed in contract as unconscionable
RULE 20.01 and is found to be so
FEE GUIDE 5. lawyer, without fault, was unable to conclude litigation
 Rule 20.01. A lawyer shall be guided by  Agpalo adds (1) the results secured and (2) whether of not
the following factors in determining his fees: the fee is contingent, it being recognized as a rule that an
a. The time spent and the extent of the services attorney may properly charge a higher fee when it is
rendered or required; contingent that when it is absolute.
b. The novelty and difficulty of the questions
involved;  Even other consideration may be the actual purchasing
c. The importance of the subject matter; power of the Philippine Peso, the omission of fault of the
d. The skill demanded; lawyer in the discharge of his duties, the loss of
e. The probability of losing other employment as a opportunity on the part of a lawyer for other employment
result of acceptance of the professed case; of the financial capacity of the client.
f. The customary charges for similar services and
the schedule of fees of the IBP Charter to which  Loss of Opportunity for other employment may be due to
he belongs; (1) the acceptance of a retainer or (2) that the work may
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g. The amount involved in the controversy and the require tedious details and considerable time.
benefits resulting to the client from the service;
h. The contingency or certainty of compensation; Nature of services
i. The character of the employment, whether  Value of lawyer’s services determined in large measure by
occasional or established; and nature, quality and quantity of services. Competence
j. The professional standing of the lawyer. judged by character of work.
NOTES
84
 Hotly-litigated action requires more work and of work required remains the same even though interest in
higher fee than a simple money claim. controversy exceeds several million pesos.
 Lawyer’s services should be taken as a whole.  In the last analysis, value of interest depends upon extent
of the special and additional services and efforts
 Time employed not in itself an appropriate basis demanded of the case.
for fixing amount but length of employment
which runs for years is significant as the longer Loss of opportunity for other employment
the period of employment the more work it  Loss of opportunity for other employment on part of
entails and the lesser the opportunity lawyer has lawyer should be considered.
for other profitable retainers.
 Two ways: (1) acceptance of retainer from client will
 Time devoted for study and research must also preclude a lawyer from appearing for others in cases likely
be considered. to arise out of the transaction in view of prohibition against
representation of adverse interests; (2) work may require
 That lawyer has been helped by assistants in his tedious details and considerable time that may deprive him
office cannot reduce compensation as he is of opportunity to render legal services in other cases
paying his assistants and is not expected to do
everything personally. (like an army general who Difficulty of issues involved
directs and supervises, and deserves credit for  Novel or difficult issues require greater efforts on part of
victory won) lawyer in terms of preparation, study and research to
convince court as to the soundness of client’s cause.
Skill and standing of attorney
 Skill, experience and standing of lawyer bear a  In fixing lawyer’s fees, court looks at novelty or difficulty of
direct proportion to amount of attorney’s fees. issue and the demands they impose on lawyer’s part.
 Reputation for professional capacity and fidelity Test case

to trust acquired through years of hard labor and  Where there are several identical actions or possible
devotion to duty, evidenced by quality of work disputes and one case is litigated as a test case, value in
and eminent standing in community. controversy of all actions should bear its appropriate
proportion to the amount due as fees to lawyer who
 Argument made in a pleading or brief or orally in prosecuted test case (totality of the amounts in all the
court acquires a different meaning and import actions dependent upon the result of test case).
according to persuasive ability of professional  A test case is usually litigated with energy and diligence
and personal prestige of lawyer. even if the actual amount is insignificant because the
resolution of the other actions which involve large sums of
 Ability, skill and competence cannot be measured money is made to depend on the favorable outcome of the
by lawyer’s income or length of practice. test case.
 Lawyer’s competence and ability must be judged
by character and quality of his work and services  Those who may be benefited by the result of the test case
not only in the field of law but in other fields of may be required to contribute a proportionate share to
public and private endeavors. Court may take fees of lawyer who prosecuted test case.
judicial notice of the prestige of a lawyer as a
distinguished member of the bar. Results secured
 Winning client may be more than willing to pay for
Value of interest involved stipulated amount while losing client may hesitate. In fixing
 The bigger the size or value of interest or waht a lawyer is reasonably entitled to, result of case is
SIGMA LEGIS COPY
property involved the higher the attorney’s fees. given much weight.
Reason: the higher the stakes the more case is
hotly litigated and the greater the efforts the  That a lawyer, in spite of his efforts, failed to secure for his
lawyer exerts. client what he desires, does not, however, deprive him of
the right to recover compensation for his services except
 But: in a million peso litigation, percentage fee when fee agreed upon is contingent. (Practice of law would
contingent upon recovery becomes smaller as cease to be dignified and honorable if all professional fees
amount of recovery gets bigger because amount contingent fees.)
85
Whether fee is contingent experience in the subject matter involved in a particular

 Contingent fee: lawyer entitled to higher case.
compensation than if fee were absolute. Reason:
risks borned by lawyer as to reimbursement of  It is however stressed that it is improper for a lawyer to
expenses advanced receive compensation for merely recommending another
lawyer to his client for if such practice is permitted, it
Capacity of client to pay would tend to germinate evils of commercialism and to
 Financial ability of client to pay may be destroy proper appreciation of professional responsibility.
considered in determining amount of fees, not to
enhance what is reasonable but to ascertain  It is only when, in addition to referral, he performs legal
whether client is able to pay a fair and just service or assumes responsibility in case that he will be
compensation. It may be looked into as an entitled to a fee.
incident in determining importance and gravity of
interests involved.
 Urban Bank, Inc. v. Pena (2001)
 Poor, ignorant client may not be in a position to F: Atty. Pena was issued a letter of authority which gave
appreciate what a reasonable fee is and may him the right to represent Urban Bank in any court action
likely agree, because of his necessities, to connected with eviction. But Pena, before doing so, made clear
anything his counsel proposes. While a wealthy that it is ISC which availed of his service. This letter was later on
client can deal with lawyer at arm’s length. altered. After eviction, Pena filed collection suit versus Urban
Bank. With this, Urban Bank filed case versus Pena, alleging that
Statutory limitation as to fees they were not the one who availed of Pena’s legal services. The
 Legislature, in the exercise of its police power, Court did not agree that Pena should be disbarred on the
may by law precribe the limit of the amount of ground of deceit, malpractice and gross misconduct.
attorney’s fees which a lawyer may charge. A
contract beyond the limit is null and void, and the H: Atty. Pena can hardly be faulted and accused of deceit,
lawyer who collects in excess of the limit may be malpractice and gross misconduct for invoking the aid of the
criminally held liable. court in recovering recompense for legal services which he
claims he undertook for the bank and which the latter does not
 Law should be interpreted strictly and not deny to have benefited from.
extended beyond what it expressly comprehends.
RULE 20.03
RULE 20.02 CLIENT’S CONSENT OF ACCEPTANCE FEE FROM THIRD
CLIENT’S CONSENT OF FEES FOR REFERRAL PERSONS
 Rule 20.02. A lawyer shall, in cases of  Rule 20.03. A lawyer shall not, without the full
referral, with the consent of the client, be entitled to knowledge and consent of the client, accept any fee, reward,
a division of fees in proportion to the work performed costs, commission, interest, rebate or forwarding allowances or
and responsibility assumed. other compensation whatsoever related to his professional
employment from any one other than the client.
Rule 20.02 - A lawyer shall, in case of referral, with the  Rule 138, sec. 20(e) . Duties of attorneys.—It is the
consent of the client, be entitled to a division of fees duty of an attorney: (e) … to accept no compensation in
in proportion to the work performed and connection with his client's business except from him or with
responsibility assumed. his knowledge and approval.
NOTES NOTES
(Agpalo) (Agpalo)
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 Lawyers sometimes use the lawyer-referral  The reason for the rule is to ensure protection of lawyers in
system. It is an aid to selection of qualified collection of fees. Moreover, it is designed to secure the
lawyers. This system helps individuals in locating lawyer’s wholehearted fidelity to the client’s cause and to
lawyers competent to handle their particular prevent that situation in which the receipt by him of a
problem. It enables laymen to have informed rebate or commission from another in connection with the
selection of competent lawyers who have client’s cause may interfere with the full discharge of his
duty to the client. It must be noted that the amount
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received by lawyer from opposite party or third  Lawyer should first administrator or executor to pay.
persons in the service of his client belongs to the
client except when the latter has full knowledge  If administrator or executor refuses, lawyer may: File
and approval of lawyer’s taking. independent civil action against administrator or executor
in his personal capacity. If latter is ordered to pay, he may
RULE 20.04 in turn include the amount paid in his account filed with
AVOID COMPENSATION CONTROVERSY probate court.
WITH CLIENT
File petition with probate court praying that court, after
 Rule 20.04. A lawyer shall avoid due notice to all persons interested, allow his claim and
controversies with clients concerning his direct administrator or executor to pay.
compensation and shall resort to judicial action only
to prevent imposition, injustice or fraud.  If administrator or executor dies before lawyer’s fees could
be paid, he may file claim against (1) estate of deceased
NOTES administrator or executor or (2) a petition for allowance of
(Agpalo) his fees with probate court, but not against substitute or
new administrator.
 Suits to collect fees should be avoided and only
when the circumstances imperatively require  When to enforce right to fees: before estate proceeding is
should a lawyer resort to lawsuit to enforce definitely closed. General rule: probate court loses
payment of fees. This is but a logical jurisdiction to entertain and adjudicate fees after
consequence of the legal profession not primarily proceeding closes.
being for economic compensation. Lawyers Exceptions: (1) when petition for allowance of fees filed
should avoid the appearance of fulfilling duty before closure (2) distribution of assets made without
merely for the compensation. prejudice to claim for attorney’s fees
 Take note of Rule 138, Secs 24, 32 above
 Allowance of counsel fees in estate proceedings rests on
sound discretion of probate court but it may be modified
 Corpus v. CA (2001) by appellate court when fee allowed is inadequate or
F: Atty David and Corpuz were good friends. In excessive.
Corpuz’s civil case, David became his counsel. Prior to
rendering of final judgment, Corpuz gave the lawyer a  Order fixing fees continue to be under control of probate
check which the latter returned. After favorable court until proceeding is closed and may increase or
decision was rendered, Atty David demanded decrease depending on facts and circumstances even
attorney’s fee which Corpuz refused to deliver though fee has been fully or partially paid. But an order of
alleging that David’s services were offered probate court which has been affirmed or modified by
gratuitously. The Court decided that Atty. David appellate court can no longer be changed by probate court.
should be paid attorney’s fee The latter cannot order immediate payment of fees after
perfection of an appeal from order allowing it.
H: An attorney client relationship can be
created by implied agreement, as when the attorney  In case where probate court has lost jurisdiction after final
actually rendered legal services for a person who is a closure of estate proceeding, lawyer may file independent
close friend. The obligation of such a person to pay civil action against administrator in his personal capacity
attorney’s fees is based on the law of contracts’ and against distributees of the assets of the estate.
concept of facio ut des (no one shall unjustly enrich
himself at the expense of others.) Absence of an Court jurisdiction
express contract for attorney’s fees between  Court having jurisdiction to try main action in which lawyer
respondent David and petitioner Corpus is no rendered services also has jurisdiction to pass upon the
SIGMA LEGIS COPY
argument against the payment of attorney’s fees, question of fees even though the total sum thereof is less
considering their close relationship which signifies than the jurisdictional amount cognizable by the court and
mutual trust and confidence between them. continues to have jurisdiction until the proceeds of the
judgment shall have been delivered to the client.
ETCETERA NOTES.
(Agpalo)  If court has no jurisdiction or has lost it, court can have no
power to award and fix attorney’s fees. Lawyer may,
Remedies in estate proceedings
87
however, enforce claim in separate civil action duties, lack of atty-client relationship, payment or
subject to same jurisdictional req as any other unconscionableness of amount claimed.
ordinary civil suit.
Application of client’s funds
 But if client not only fails to object to exercise by  Lawyer who has in his possession funds of the client may
court of jurisdiction to entertain an action for not apply them to pay his fees without client’s consent,
recovery of atty’s fees but also asks for some express or implied.
affirmative reliefs, he may be estopped, on
appeal, to assail the propriety of action taken by  If client refuses to give consent, lawyer should secure court
trial court in fixing and allowing counsel fees order for the allowance of fees with notice to client to give
client opportunity to be heard. After securing award, he
Necessity of hearing may lawfully apply client’s funds in his possession for
 Petition for recovery of atty’s fees has to be payment of his fees as fixed by court.
prosecuted and allegations established.
Execution
 Persons entitled to or must pay atty’s fees have  Final award of atty’s fees may be enforced by execution.
the right to be heard upon question of their Award may be enforced against any property of client,
propriety or amount. including proceeds from judgment secured for client in the
main action.
 Who may have right to intervene and be heard:
lawyer himself, client, client’s assignee of the Attorney’s Fees as Damages
interest in litigation, stockholders in a derivative
suit concerning atty’s fees sought to be charged Two concepts of attorney’s fees compared
against corporate funds, and administrator,  Indemnification: given by court to winning litigant in the
executor, heir and creditor in an estate form of damages. It may be decreed in favor of party, not
proceedings. his lawyer, in any of the instances authorized by law.
 Burden of proof is upon lawyer to establish his  Compensation: atty’s fee paid by client to his counsel.
allegations.
 Liability of losing party for atty’s fees (indemnification)
 Trial court who awards smaller fee than that awarded to winning party not bound by or dependent
sought without allowing lawyer to adduce upon fee arrangement of winning party with his lawyer but
evidence commits a reversible error correctable court may take that fee arrangement into account as an
by certiorari. element of damages.
 Where there is written agreement for atty’s fees,  Fee as item of damages belongs to client, not to his lawyer.
no other piece of evidence is necessary to prove But client and lawyer may agree that whatever may be
amount. Opinions of lawyers as expert witnesses awarded by court as atty’s fees will go directly to lawyer, in
are not binding upon court but may be taken into which case, losing party shall pay directly to lawyer of
account along with professional knowledge and prevailing party.
various factors affecting compensation.
 Similarities: both require, as a prerequisite to grant, the
 Court cannot authorize payment until all parties intervention of or rendition of professional services by
are given opportunity to be heard. In the absence lawyer, both fees subject to judicial control and
of evidence, court is presumed to have granted modification, and rules governing determination of their
award for counsel fees only after it has heard all reasonable amount applicable to both.
parties involved.
Fee as damages not recoverable—general rule
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 Court may not order immediate payment where  General rule: atty’s fees as damanges not recoverable
question as to propriety or amount is pending because it is not the fact of winning that ipso facto justifies
resolution by appellate court. the award but the attendance of any of the special
circumstances and, in case of public litigant, the existence
Defenses of the right to private counsel.
 Usual defenses apply: res judicata, want of
jurisdiction, prescription of action, nullity of  Public policy requires that no penalty be placed on the
contract, negligence in discharge of lawyer’s right to litigate, even if done erroneously. Otherwise, it will
88
put a premium on right to redress grievances and There should be factual, legal or equitable justification
tempt a party and his counsel to swell the fees to which appears on record.
undue proportion and discourage out-of-court 13. When a special law so authorizes
settlement. Purpose: to lessen unnecessary litigation
Fees as damages recoverable—exception to the rule Right to private counsel a precondition

 New Civil Code provides 13 exceptions to the  Two reqs to recover atty’s fees as an item of damages: (1)
rule: case falls under any of the exceptions and (2) he must have
1. When there is agreement employed and, in the case of public litigant, must show his
Court may reduce if fee unreasonable or right to employ a private counsel.
unconscionable.
2. When exemplary damages are awarded Award of attorney’s fees discretionary
Exemplary damages awarded by way of  Exercise of discretion by court on awarding of atty’s fees as
example. damages must be based on facts appearing on the text of
3. When defendant’s action or omission decision. Decision’s body, not just the disposition, must
compelled plaintiff to litigate state reason for award, unless text shows case comes
Act or omission of other party must be in within one of the exceptions.
gross bad faith.
Both plaintiff (in his complaint) or defendant  In the absence of showing that trial court abused
(in his counterclaim) entitled to award. discretion, grant or denial of atty’s fees may not be
4. In criminal cases of malicious prosecution disturbed on appeal. Appellate court may, in the exercise
Show that (1) he was acquitted and (2) of its discretion, award atty’s fees or increase or reduce
person who charged him knowingly made a amount whenever law and circumstances warrant.
false statement of facts or that filing was
prompted by sinister design to vex him. Pleading and practice
5. When action is clearly unfounded  Trial and appellate court will not grant atty’s fees if claim of
Action or proceeding must be so untenable atty’s fees in the concept of damages and the grounds
as to amount to gross and evident bad faith relied upon are not pleaded.
depending on circumstances of case; good
faith a defense.  But with claim for atty’s fees having been set up, appellate
6. When defendant acted in gross and evident court may grant such fees even if party did not appeal from
bad faith lower court’s decision denying such award.
Refusal to pay valid claim must be made in
gross and evident bad faith.  Claim for atty’s fees must not only be alleged, factual basis
7. In actions for support and amount must also be proved. That grant is
Person obliged to give support is also obliged discretionary does not dispense with need for proof even if
to pay attorney’s fees as may be necessary party against whom it is asserted does not deny claim.
to enable person entitled to such support to Exception: when what is sought is in the nature of
enforce his rights. liquidated damages fixed in a valid written agreement.
8. In cases of recovery of wages
Covers household helpers, laborers and  Amount must be proved and specificall prayed for, not just
skilled workers in “such other relief and remedy as the court court may
9. In actions for indemnity under workmen’s deem just and equitable.”
compensation and employee’s liability laws
10. In a separate civil action arising from a crime  Since award of atty’s fees is the exception, not the rule,
Party entitled to recover damages arising trial court should make findings of fact and law to bring
from a crime can only do so in a separate case within the exception and justify the award.
civil action or in a civil suit to enforce
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subsidiary civil liability.

11. When at least double costs are awarded
CANON 21
Usually awarded in frivolous action or
PRESERVE CLIENT’S CONFIDENCE
appeal—one which presents no justiciable
question or is so readily recognizable as
 Canon 21. A lawyer shall preserve the
devoid of merit on its face.
confidence and secrets of his client even after the attorney-
12. When the court deems it just and equitable
client relationship is terminated.
89
Rule 21.01. A lawyer shall not reveal the  Art. 209 Revised Penal Code. Betrayal of trust by an
confidence or secrets of his client except: attorney or solicitor—Revelation of secrets.—In addition to the
a. When authorized by the client after acquainting proper administrative action, the penalty of prision correccional
him of the consequences of the disclosure; in its minimum period, or a fine ranging from 200 to 1,000
b. When required by law; pesos, or both, shall be imposed upon any attorney-at-law or
c. When necessary to collect his fees or to defend solicitor ( procurador judicial) who, by any malicious breach of
himself, his employees or associates or by judicial professional duty or of inexcusable negligence or ignorance,
action. shall prejudice his client, or reveal any of the secrets of the
latter learned by him in his professional capacity.
Rule 21.02. A lawyer shall not, to the
disadvantage of his client, use information acquired in The same penalty shall be imposed upon an attorney-at-law or
the course of employment, nor shall he use the same solicitor (procurador judicial) who, having undertaken the
to his advantage or that of a third person, unless the defense of a client or having received confidential information
client with full knowledge of the circumstances from said client in a case, shall undertake the defense of the
consents thereto. opposing party in the same case, without the consent of his
first client.
Rule 21.03. A lawyer shall not, without the
written consent of his client, give information from NOTES
his files to an outside agency seeking such (Agpalo)
information for auditing, statistical, bookkeeping,
accounting, data processing, or any similar purpose.  Neither attorney nor client nor anyone who stands in a
peculiar relation of confidence with either of them can be
Rule 21.04. A lawyer may disclose the affairs of compelled to disclose any privileged communication.
a client of the firm to partners or associates thereof
unless prohibited by the client.  The lawyer’s duty to maintain inviolate his client’s
confidence is perpetual. It outlasts even the lawyer’s
Rule 21.05. A lawyer shall adopt such measures employment. He may not do anything which will injuriously
as may be required to prevent those whose services affect his former client nor may he at any time disclose or
are utilized by him, from disclosing or using use against him any knowledge or information acquired by
confidences or secrets of the client. virtue of professional relationship.
Rule 21.06. A lawyer shall avoid indiscreet  This duty exists because unless the client knows that his
conversation about a client’s affairs even with attorney cannot be compelled to reveal what is told to him,
members of his family. he will suppress what he thinks to be unfavorable and the
advice which follows will be useless if not misleading.
Rule 21.07. A lawyer shall not reveal that he has
been consulted about a particular case except to  This canon also applies to prospective clients. Formerly, in
avoid possible conflict of interests. order that a communication shall be privileged, the
attorney-client relationship should exist at the time of
 Rule 138, 20(e). Duties of attorneys.—It is communication. But at present, communication made by
the duty of an attorney: (e) To maintain inviolate the prospective client is covered for as long as it is made to the
confidence, and at every peril to himself, to preserve lawyer in his professional capacity.
the secrets of his client, and to accept no
compensation in connection with his client's business  Exists where legal advice is sought in a lawyer’s
except from him or with his knowledge and approval; professional capacity with respect to communications
relating to that purpose. This is called :evidentiary
 Rule 130, sec. 21(b). Privileged communication. privilege.”
—An attorney cannot, without the consent of his
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client, be examined as to any communication made Confidentiality

by the client to him, or his advice given thereon in the  A confidential communication refers to information
course of professional employment; nor can an transmitted by voluntary act of disclosure between
attorney's secretary, stenographer, or clerk be attorney and client in confidence and by means which so
examined, without the consent of the client and his far as the client is aware, discloses the information to no
employer, concerning any fact the knowledge of third person other than one reasonably necessary for the
which has been acquired in such capacity. transmission of the information or the accomplishment of
90
the purpose for which it was given. Covers all  Generally, the attorney-client privilege covers the lawyer,
actions, signs, means of communication client and third persons who by reason of their work have
acquired information about the case being handled. This
 There is a difference between confidences and includes the following: (1) attorney’s secretary,
secrets of clients. While confidences refer to stenographer and clerk; (2) interpreter, messengers, or
information protected by attorney-client agents transmitting communication (3) an accountant,
privilege under the Revised Rules of Court scientist, physician, engineer who has been hired for
(information pertinent to the case being effective consultation.
handled), secrets are those other information
gained in the professional relationship that the  Assignee may claim the privilege
client has requested to be held inviolate or the
disclosure of which would be embarrassing or  Identification of client privilege extends when the ff are not
would likely be detrimental to client (information present:
not exactly pertinent to case). (1) commencement of litigation on behalf of the client,
(2) identification relating to employment of 3rd person,
 The intent of client to make communication (3) employment of attorney with respect to future criminal/
confidential must be apparent. But once fraudulent transaction,
conveyed to lawyer, confidentiality attaches not (4) prosecution of a lawyer for a criminal offense
only to statements but also to other forms of
communication.  This rule does not cover those kept for custodial purposes
only nor contracts relating to attorney’s fees
Requisites for Privilege Communication to Attach
 if person to whom information is given is a  Genato v. Silapan (2003)
lawyer F: Atty. Silapan and Genato had a attorney-client
relationship. Genato filed charges against Silapan due to the
 there is legal relationship existing (may be latter’s failure to pay amortization fees. Silapan alleged in his
disregarded for prospective clients answer that Genato is a businessman in real estate business,
who traded and buys and sells deficiency taxed imported cars,
 legal advice must be sought from the attorney in provides shark loan and engages in other shady deals. He also
his professional capacity alleged that Genato has many pending cases and had
attempted to bribe officials to lift the case. The SC held that
 Some privileged communication may lose Silapan had violated confidentiality of lawyer-client relationship
privileged character (eg client gave it to 3rd relationship.
person). Client must intend the communication
be confidential. Held: “Canon 17 of the Code of Professional Responsibility
provides that a lawyer owes fidelity to the cause of his client
 Question of privilege determined by court. The and shall be mindful of the trust and confidence reposed on
burden of proof: party who asserts privilege him. The rule is that an attorney is not permitted to disclose
communications made to him in his professional character by a
 Applies to attorneys, no attorney-client relation client, unless the latter consents. This obligation to preserve
when person is not a lawyer, unless pretending to the confidences and secrets of a client arises at the inception of
be a lawyer their relationship. The protection given to the client is
perpetual and does not cease with the termination of the
 Not privileged if advice is not within lawyer’s litigation nor is it affected by the party’s ceasing to employ the
professional capacity attorney and retaining another, or by any other change of
relation between them. It even survives the death of the client.
Persons Entitled to claim Privilege
 The privilege is intended primarily to protect “It must be stressed, however, that the privilege against
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client and incidentally in consideration for oath disclosure of confidential communications or information is
and honor of attorney. Hence, the work product limited only to communications which are legitimately and
of the lawyer, including his effort and researches, properly within the scope of a lawful employment of a lawyer.
contained in his files is confidential even after his It does not extend to those made in contemplation of a crime
death. Contents of lawyer’s files may not be or perpetration of a fraud. It is not within the profession of a
disclosed without a client’s consent. lawyer to advise a client as to how he may commit a crime.
Thus, the attorney-client privilege does not attach, there being
no professional employment in the strict sense.
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conduct, but alsol to protect the honest lawyer from unfounded

“Nevertheless, respondent’s explanation that it was suspicion of unprofessional practice. It is founded on principles
necessary for him to make the disclosures in his of public policy, on good taste. The question is not necessarily
pleading fails to satisfy the Court. The disclosures one of the rights of the parties, but as to whether the attorney
were not indispensable to protect his rights, as they has adhered to proper professional standard.
were not pertinent to the foreclosure case. It was
improper for the respondent to use it against the “Wihout impugning Atty. Francisco’s good faith, SC cannot
complainant in the foreclosure case as it was not the allow taking cause of adversary of the party who had sought
subject matter of litigation therein and respondent’s and obtained legal advice from his firm not necessarily to
professional competence and legal advice were not prevent any injustice to the plaintiff but to keep above
being attacked in said case.” reproach the honor and integrity of the courts and of the bar.”
 Hilado v. David (1949) RULE 21.01

F: Prior to Atty Francisco’s rendering of legal WHEN REVELATIONS OF CONFIDENCE AND SECRETS ALLOWED
service to Assad, Hilado consulted the same lawyer
and even presented him with documents about case  Rule 21.01. A lawyer shall not reveal the
against Assad. confidence or secrets of his client except:
a. When authorized by the client after acquainting him of the
Hilado and her counsel want Francisco disqualified as consequences of the disclosure;
counsel for Assad. The SC found that an attorney- b. When required by law;
client relationship existed between Hilado and c. When necessary to collect his fees or to defend himself, his
Francisco and that the latter had violated the employees or associates or by judicial action.
confidence of client.
NOTES
H: To constitute professional employment it is (Agpalo)
not essential that the client should have employed
the attorney professionally on any previous occasion.  A lawyer becomes familiar with all the facts connected
If a person, in respect to his business affairs or with his client’s case. Such knowledge must be considered
troubles of any kind, consults with his attorney in his sacred and must be guarded with care to ensure the
professional capacity with the view to obtaining confidence of the client is not abused. Only when client
professional advice or assistance, and the attorney consents will a lawyer be allowed to make use of said
voluntarily permits or acquiesces in such consultation, information. Use of said information, whether privileged or
then the professional employment must be regarded not, is prohibited if it is to the:
as established. Information so received is sacred to a) disadvantage of the client;
the employment to which it pertains, and to permit to b) lawyer’s advantage;
be used in the interest of another, or, worse still, in c) advantage of third persons.
the interest of the adverse party, is to strike at the
element of confidence which lies at the basis of, and  A lawyer may not disclose any information concerning the
affords the essential security in, the relation of client’s case, which he acquired from the client in
attorney and client. confidence, other than what may be necessary to
prosecute or defend his client’s cause.
“Communications between atty. and client are, in a
great number of litigations, a complicated affair,  In fact, loyalty to the court may not override this privilege
consisting of entangled relevant and irrelevant, secret as said loyalty involves steadfast maintenance of principles
and well known facts. In the complexity of what is which the courts themselves have evolved for the effective
said in the course of the dealings between an atty. administration of justice; one of these principles is that of
and a client, inquiry of the nature suggested would preservation of client’s confidence communicated to
lead to the revelation, in advance of the trial, of other lawyer in his professional capacity. Breach of this fidelity is
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matters that might only further prejudice the sufficient to warrant disciplinary sanction against the
complainant's cause. Litigants would then be wary in lawyer.
going to an atty. Abstinence from seeking legal advice
in a good cause is by hypothesis an evil which is fatal  If a lawyer manages to acquire info regarding the opposing
to the administration of justice. party’s cause, he must withdraw
“Rationale behind this prohibition: not only to  If obtained by 3rd person  counsel must not call (question
prevent the dishonest practitioner from fraudulent of impropriety)
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 Rule 21.02. A lawyer shall not, to the

 Client may not make communications to disadvantage of his client, use information acquired in the
opposing counsel to silence him (such course of employment, nor shall he use the same to his
communication is not privileged) advantage or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.
 If corporate client, secret of 1 corporate officer
may be disclosed to directors but not to others RULE 21.03
PROHIBITION TO GIVING OF INFORMATION TO OUTSIDE
 Involves a balancing of loyalties (eg client AGENCY
committed perjury, should lawyer disclose?)
 Rule 21.03. A lawyer shall not, without the
Exceptions to the General Rule written consent of his client, give information from his files to
 There are however instances when lawyer may an outside agency seeking such information for auditing,
disclose client’s secrets. These exceptions to the statistical, bookkeeping, accounting, data processing, or any
general rule are found in Rule 21.01. similar purpose.
 A lawyer may disclose commission of NOTES

contemplated crimes or perpetuation of fraud (Agpalo)
considering that professional relationship should
only be for lawful purposes. A person who is  The reason for the rule is that the work and product of a
committing a crime or is about to commit a crime lawyer, such as his effort, research, and thought, and the
can have no privileged witness. For the records of his client, contained in his files are privileged
application of the privilege to attach, the period matters.
to be considered is the date when the privileged  Neither the lawyer nor, after his death, his heir, or legal
communication was made by the client to the representative may properly disclose the contents of such
attorney in relation to either a crime committed file cabinet without client’s consent
in the past or with respect to a crime intended to
be committed in the future. RULE 21.04 AND 21.05
PROTECTION FROM DISCLOSURE
 A waiver of the privilege must be made in
entirety. A client may waive protection of  Rule 21.04. A lawyer may disclose the affairs of a
privilege through lawyer except where the client of the firm to partners or associates thereof unless
controversy involves the attorney’s relation with prohibited by the client.
his client. In such case, only the client may waive
privilege.  Rule 21.05. A lawyer shall adopt such measures
as may be required to prevent those whose services are utilized
 However, in case client files complaint against his by him, from disclosing or using confidences or secrets of the
lawyer or unreasonably refuses to pay his fees, client.
client waives privilege in favor of lawyer who may
disclose so much of client’s confidences as may NOTES
be necessary to protect himself or to collect fees. (Agpalo)
It must be noted that a client may not be
permitted to take advantage of the attorney-  Professional employment of a law firm is equivalent to
client relation to defeat the just claim of his retainer of the members thereof even though only one
lawyer. partner is consulted. When one partner tells another about
the details of the case, it is not considered as disclosure to
 Consent given by client to lawyer’s secretary third persons because members of a law firm are
(staff/employees) will not give him/her the right considered as one entity.
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to reveal confidences. Lawyer’s consent is

necessary.  The client’s secrets which clerical aids of lawyers learn of in
the performance of their services are covered by privileged
RULE 21.02 communication. It is the duty of lawyer to ensure that this
WHEN USE OF INFORMATION RECEIVED IN COURSE is being followed. The prohibition against a lawyer from
OF EMPLOYMENT IS ALLOWED divulging the confidences and secrets of his clients will
become futile exercise if his clerical aids are given liberty to
do what is prohibited of the lawyer. (EX. Signing of
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confidentiality contract) disclosed to him by a prospective client. This rule, of

course, is subject to exception of representation of
RULE 21.06 conflicting interests.
PROHIBITION OF INDISCREET COVERSATION
CANON 22
 Rule 21.06. A lawyer shall avoid WITHDRAWAL OF SERVICES
indiscreet conversation about a client’s affairs even FOR GOOD CAUSE
with members of his family.
 Canon 22. A lawyer may withdraw his services
NOTES only for good cause and upon notice appropriate in the
(Agpalo) circumstances.
Rule 22.01. A lawyer may withdraw his services in any of
 A lawyer must not only preserve the confidences the following case:
and secrets of his clients in his law office but also a) When the client pursues an illegal or immoral course of
outside including his home. He should avoid conduct in connection with the matter he is handling;
committing calculated indiscretion, that is, b) When the client insists that the lawyer pursue conduct
accidental revelation of secrets obtained in his violative of these canons and rules;
professional employment. Reckless or imprudent c) When his inability to work with co-counsel will not
disclosure of the affairs of his clients may promote the best interest of the client;
jeopardize them. Not every member of the d) When the mental or physical condition of the lawyer
lawyer’s family has the proper orientation and renders it difficult for him to carry out the employment
training for keeping client’s confidences and effectively;
secrets. e) When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;
RULE 21.07 f) When the lawyer is elected or appointed to public office;
NOT TO REVEAL THAT LAWYER WAS CONSULTED and
g) Other similar cases.
 Rule 21.07. A lawyer shall not reveal
that he has been consulted about a particular case Rule 22.02. A lawyer who withdraws or is discharged
except to avoid possible conflict of interests. shall, subject to a retainer lien, immediately turn over all papers
and property to which the client is entitled, and shall cooperate
 Rule 15.01. A lawyer, in conferring with with his successor in the orderly transfer of the matter,
a prospective client, shall ascertain as soon as including all information necessary for the proper handling of
practicable whether the matter would involve a the matter.
conflict with another client or his own interest, and if
so, shall forthwith inform the prospective client. NOTES
(Agpalo)
 Rule 14.03. A lawyer may refuse to
accept representation of an indigent client if: Causes of Termination of Attorney-Client Relation
a) he is not in a position to carry out the work 1. Withdrawal of the lawyer under Rule 22.01
effectively or competently; 2. Death of the lawyer
b) he labors under a conflict of interests between 3. Death of cient
him and the prospective client or between a 4. Discharge or dismissal of the lawyer by the client
present client and the prospective client. 5. Appointment or election of a lawyer to a government
position which prohibits private practice of law
NOTES 6. Full termination of the case
(Agpalo) 7. Disbarment or suspension of the lawyer from the practice
of law
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 This rule clarifies that privilege communication 8. Intervening incapacity or incompetence of the client during
applies even to prospective clients. Moreover, pendency of case
the prohibition applies even if the prospective 9. Declaration of presumptive death of lawyer
client did not thereafter actually engage the 10. Conviction of a crime and imprisonment of lawyer
lawyer. By the consultation, the lawyer already
learned of the secrets of prospective client. It is Note: Except for items 2 and 6, the lawyer has duty to notify
not fair if he will not be bound by the rule on the court in case of termination of attorney-client relationship.
privileged communication in respect of matters
94
Death or Incapacity of the Client  Lawyer may, in the discretion of court, intervene in the
 Upon the death of the client, the attorney-client case to protect his right to fees.
relation terminates as the relationship is
personal. This relation also concludes upon  Right to discharge counsel not allowed if intended to
incapacity of a client during pendency of the extend time to file pleading or to indefinitely avoid trial.
litigation, the reason being that the client loses
legal capacity to contract.  If client has transferred whole of his interests in the
litigation pendente lite and case is continued by him
 The death of the administrator or executor of without the transferee being substituted in his place, he
estate does not terminate the relation as the true may not, without consent of transferee, dismiss his
client in such a situation is the estate and not the attorney.
estate’s legal representative.
 If lawyer acquired from client interest in the subject matter
 Lawyer should inform court promptly about of litigation before he became involved, he can in his own
death, incapacity or incompetency of client and right and independently of the client’s right intervene as
to give name and residence of his executor, party litigant to protect his interests. If attorney acquired
administrator, guardian or other legal rep. such interest from client during pendency of litigation,
transaction is not only null and void (contrary to law) but
 “party” refers to natural and not juridical may subject lawyer to disciplinary action for acquiring that
persons. Ex. death of a partner does not interest.
terminate atty-client relationship but legal
dissolution of corporate client or its insolvency Necessity of notice of discharge
and the appointment of a receiver may bring  No need for formal notice of discharge as between client
about that result and attorney as any act indicating an unmistakable purpose
to terminate relation is sufficient.
Death of Attorney
 A contract for legal services being personal, it  Not implied revocation of authority: if another attorney
terminates upon death of the lawyer. However, if appears without stating that services of prior counsel has
the lawyer is a member of a law firm, which firm been dispensed with by client or in pleading by new
appears as counsel for the client, the death of the counsel, client condemned conduct of original counsel
attending lawyer will not terminate the relation.
The firm will continue to appear as counsel for  Notice necessary and a copy must be served as to court
client unless there has been agreement that and adverse party.
services were to be rendered only by the said
attorney.  If client has not filed notice of discharge, lawyer should file
notice of withdrawal with client’s conformity or application
Who may Terminate Attorney-Client Relation to retire from case.
1. Client
Client has absolute right to discharge his attorney Effect of discharge of attorney
with or without just cause or even against lawyer’s  Discharge of attorney must be made known to the court
consent. Existence or non-existence of a just cause and adverse party through a formal notice. This is
is important only in determining right of an unnecessary between the lawyer and client, himself. But
attorney to compensation for services rendered. insofar as the court and other party are concerned, the
Discharge of an attorney or his substitution by severance of the relation of attorney and client is not
another without justifiable cause will not operate effective until a notice of discharge by the client or a
to extinguish the lawyer’s right to full payment of manifestation clearly indicating that purpose is filed with
compensation as agreed upon in writing. the court and a copy thereof served upon the adverse
2. Attorney
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party.
3. Court
4. Circumstances beyond control of parties  Before discharge is recorded in the court, the lawyer’s
power is limited to (1) making that fact known to court and
Limitations on client’s right to adverse party, and to (2) preserving and protecting
 Lawyer has right to full payment of compensation client’s interest until final discharge or new counsel enters
agreed in writing if dismissal or substitution is appearance. He cannot pretend to continue representing
without justifiable cause. client.
95
 If attorney reappears to file pleading, it is

presumed that he has been reemployed.  Laput v. Remotigue (1962)
F: supra at Rule 8.01
 Exception: to prevent failure or miscarriage of
justice H: The solicitor general found that before respondents
filed their appearance, the client had already filed with the
Acceptance of incompatible office court a pleading discharging the complainant. The fact that
 Lawyer who accepts public office ceases, by complainant was not able to get a copy was not the fault of
operation of law, to engage in private practice respondents. Also, it was found that Mrs. Barrera dismissed
and becomes disqualified from continuing to complainant as lawyer because she no longer trusted him
represent a client in those cases which the law because she found out that some checks were sent to the
prohibits him from doing so or requires his entire complainant instead of her and that several withdrawals were
time to be at the disposal of the government. His made by complainant in her account without her permission.
qualification to public office terminates attorney-
client relationship. There is no irregularity in the appearance of respondents as
counsel. Complainants’ withdrawal and his filing of a motion for
 Court however does not take judicial notice. the payment of his attorney’s fees estop him from now
Without a withdrawal or manifestation, court complaining that the appearance of respondent Patlinghug is
may regard him as counsel of record upon whom unprofessional. As for the respondents, they only entered their
written notice may be served which will bind the appearance after Mrs. Barrera had dispensed of the
client. complainant’s services and after the petitioner had voluntarily
withdrawn.
 Obando v. Figueras (2000)
F: Eduardo’s counsel, Atty. Yuseco filed a RULE 22.01
Motion to Dismiss against Obando’s petition to nullify GOOD CAUSES FOR
sale of a land. This motion was granted. Obando now WITHDRAWAL OF SERVICES
alleges that trial court should not have acted on the
motion filed by Atty. Yuseco because he no longer
represented Eduardo, et al. The Court held that the  Rule 22.01. A lawyer may withdraw his services
trial court could act on the motion filed by Atty. in any of the following case:
Yuseco. a) When the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling;
H: Representation continues until the court b) When the client insists that the lawyer pursue conduct
dispenses with the services of counsel in accordance violative of these canons and rules;
with Section 26, Rule 138 of the Rules of Court. c) When his inability to work with co-counsel will not
Counsel may be validly substituted only if the promote the best interest of the client;
following requisites are complied with: (1) New d) When the mental or physical condition of the lawyer
counsel files a written application for substitution; (2) renders it difficult for him to carry out the employment
The client’s written consent is obtained; (3) The effectively;
written consent of the lawyer to be substituted is e) When the client deliberately fails to pay the fees for the
secured, if it can still be; if the written consent can no services or fails to comply with the retainer agreement;
longer be obtained, the application for substitution f) When the lawyer is elected or appointed to public office;
must carry proof that notice of the motion has been and
served on the attorney to be substituted in the g) Other similar cases.
manner required by the Rules.
Court is convinced that Eduardo did not dismiss Atty. NOTES
Yuseco. In fact, Eduardo manifested that he had been (Agpalo)
tricked by Petitioner Obando into signing the
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aforesaid Compromise Agreement. In any case, at the  Lawyer cannot just withdraw from case since he has
discretion of the court, an attorney who has already impliedly stipulated that he will prosecute case to
been dismissed by the client is allowed to intervene in conclusion and he owes the duty to assist in administering
a case in order to protect the client’s rights. In the justice as an officer of the court.
present case, had there been any irregularity, it
should have been raised by Eduardo, not by Obando.  Lawyer may retire from action with written consent of
Eduardo had no reason to complain, the Motion to client filed in court and a copy served to adverse party.
Dismiss was not prejudicial but beneficial to him. Such withdrawal does not require approval of court to take
96
effect especially if new counsel has entered 1) client discharges attorney with or without cause: no
appearance. If there’s no new counsel yet, court consent or notice to lawyer needed, nor court approval
may require lawyer’s withdrawal be held in 2) attorney may initiate move by withdrawing his appearance
abeyance until appearance of new counsel. with written consent of client or with leave of court on
some justifiable ground
 Lawyer may retire from case without client’s 3) substitution of counsel in the form of application for that
consent if court, on notice to the client and the purpose: constitutes an appearance of the substituting
attorney and on hearing, determines that he counsel and is a polite way of effecting change; compliance
ought to be allowed to retire on good cause. with formalities is necessary since it involves ethical
considerations
 The grounds for withdrawal without client’s
consent are enumerated in Rule 22.01. Requirements for substitution
1) written application for substitution
Grounds for withdrawal without client’s consent 2) written consent of client
 Other similar instances include: conflict of 3) written consent of attorney to be substituted
interests; when lawyer finds it impracticable or * in case written consent of attorney cannot be secured, proof
difficult to perform duties due to client’s actions; of service of notice of application upon attorney to be
ethical proscription against lawyer acting as substituted.
witness and advocate at the same time. ** in case of death of original attorney, additional requirement
of verified proof of death necessary
 Lawyer should not presume petition for
withdrawal will be granted. He must still appear  usually initiated by substituting counsel hence the need to
on date of hearing since attorney-client obtain conformity of original lawyer or at least notice to
relationship does not terminate formally until original lawyer of substitution
there is a withdraw of record.
 consent of original lawyer or notice requirement is
 In criminal case, counsel for accused should not designed to afford the lawyer the opportunity to protect
ask to be relieved on mere trivial ground. Nor his right to attorney’s fees. If he gives consent, it is
may he retire from action because accused has presumed he has settled that question. If not, he can ask in
confessed to him his guilt. Lawyer’s right and same action that his chance to have his right to attorney’s
duty to extend the best legal assistance to an fees be preserved and protected.
accused demand that he continue representing
him irrespective of his personal opinion as to his Effects of Defective Substitution
client’s guilt.  A defective substitution is one which lacks any of the
requisites for a valid substitution.
Procedure for withdrawal
 If without written consent from client, lawyer  It does not effect a change of counsel; nor constitute an
should file petition for withdrawal in court and he appearance of new lawyer, both of whom shall be deemed
must serve copy of his petition upon his client counsel of record; pleadings filed by the new lawyer
and the adverse party at least 3 days before date deemed effective.
set for hearing. He should also give time to client
to secure services from another lawyer in the Employment of additional counsel
case from which he is withdrawing.  Client has right to as many lawyers as he can afford.
Client’s proffer of assistance of additional counsel should
 Ordinarily, court will not relieve lawyer without not be regarded as evidence of want of confidence.
notice to client, except under peculiar
circumstances.  Professional courtesy requires that a lawyer retained as
collaborating counsel should at least communicate with
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 Any notice served upon lawyer is notice to and is counsel of record before entering his appearance and
binding upon client. should decline association if objectionable to original
counsel.
Change or Substitution of Counsel
 But if first lawyer is relieved by client, another lawyer may
Change of counsel come into the case.
 Montano v. IBP (2001)

97
F: Atty. Dealca and Montano agreed that 50% including all information necessary for the proper handling of
attorney’s fees shall be paid upon case acceptance the matter.
and the other half upon its termination. Despite
agreement, Atty. Dealca asked for payment of  Rule 16.03. A lawyer shall deliver the funds and
balance during the course of case. Upon failure to property to his client when due or upon demand. However, he
give balance of P3,500, Dealca withdrew appearance shall have a lien over the funds and may apply so much thereof
as counsel. The Court found that Dealca had not as may be necessary to satisfy his lawful fees and
withdrawn for good cause. disbursements, giving notice promptly thereafter to his client.
He shall also have a lien to the same extent on all judgments
H: A lawyer shall withdraw his services only for and executions he has secured for his client as provided for in
good cause and upon notice appropriate in the the Rules of Court.
circumstances; a lawyer shall avoid controversies with
clients concerning his compensation and shall resort NOTES
to judicial action only to prevent imposition, injustice (Agpalo)
or fraud. Atty. Dealca’s withdrawal was unjustified as
complaint did not deliberately fail to pay him the Duties of a Discharged Lawyer or One who Withdraws
attorney’s fees. In fact, complainant exerted honest 1. Immediately turn over all papers and property to which the
efforts to fulfill his obligation. Respondent’s client is entitled and cooperate with successor in the orderly
contemptuous conduct does not speak well of a transfer of the matter, including all information necessary
member of the bar considering that the amount for the proper handling of the matter.
owing to him was only P3,500.00. 2. cooperate with the succeeding lawyer in orderly transfer of
case
 Domingo v. Aquino (1971)
F: Atty. Unson, the estate’s counsel, denied Lawyer’s withdrawal or discharge shall be without prejudice to
having received notice and copy of CFI judgment his attorney’s lien
rendering a favorable decision to Aquino’s money  Purpose of Rule 22.02 (lawyer entitled to retaining lien)
claim. The estate’s new administrator wants to file and Rule 16.03 (lawyer entitled to retaining and charging
motion for reconsideration and prays that copy of CFI lien) is to insure payment of lawyer’s professional fees and
decision be given to her counsel and not to Atty. the reimbursement of his lawful disbursements in keeping
Unson, former special administrator’s counsel. The with his dignity as an officer of the court.
court held that Atty. Unson was the estate’s counsel
and that notice of judgment had been duly served. Kinds of Liens
1. Retaining Lien (general lien)
H: Party in the subject case was the intestate 2. Charging Lien (special lien)
estate of the deceased Luis C. Domingo, Sr. and that
Atty. Unson represented the estate as counsel in the Retaining Lien Charging Lien
said case. The fact that Luis Domingo Jr was Nature
administrator when legal services of Unson was Passive lien. It cannot be Active lien. It can be
availed of does not make Unson the counsel for Luis actively enforced. It is a enforced by execution.
Domingo Jr. Thus, notwithstanding Luis’ removal as general lien. It is a special lien.
administrator, Atty. Unson continued to represent the Basis
estate as counsel in the appellate court. He continued Lawful possession of Securing of a favorable
to be authorized to represent the estate as its funds, papers, money judgment for
counsel, until the new administrator should terminate documents, property client
his services which she never did. The court was never belonging to client
informed of change in counsel or party-administrator. Coverage
Covers only funds, Covers all judgments for
RULE 22.02 papers, documents, and the payment of money
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DUTIES OF A LAWYER WHO WITHDRAWS property in the lawful and executions issued in
possession of the pursuance of such
 Rule 22.02. A lawyer who withdraws or attorney by reason of his judgment
is discharged shall, subject to a retainer lien, professional
immediately turn over all papers and property to employment
which the client is entitled, and shall cooperate with Effectivity
his successor in the orderly transfer of the matter, As soon as the lawyer As soon as the claim for
gets possession of the attorney’s fees had
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funds, papers, been entered into the Presence of all requirements makes counsel’s right to retain
documents, property records of the case funds and muniments of title of the client in his possession until
Notice payment of his fees incontestable. Attorney cannot be
Client need not be Client and adverse party compelled to surrender them without proof of payment or, in
notified to make it need to notified to appropriate cases, without requiring that client put up an
effective make it effective adequate security for their satisfaction.
Applicability
May be exercised before Generally, it is Property to which lien attaches
judgment or execution, exercisable only when  All property, papers, books, documents or securities of the
or irregardless thereof the attorney had client that lawfully come to the lawyer professionally or in
already secured a the course of his professional employment, not necessarily
favorable judgment for in connection with a particular case but any case or matter
his client handled for the client
* Sourced from Pineda’s Annotations.
 Client’s money which comes into his possession by way of a
Retaining Lien writ of execution ordered by the court or funds collected
by the attorney for his client in the course of his
 A retaining lien is the right of an attorney to employment, whether or not upon a judgment or award.
retain the funds, documents and papers of his
client which have lawfully come into his  Element constitutive of retaining lien: that funds,
possession until his lawful fees and documents and papers of client come into lawyer’s
disbursements have been paid and to apply such possession in his professional capacity (as a lawyer)
funds to the satisfaction thereof.
 Does not attach to: funds, documents and papers which
 It is a general lien for the balance of the account come into lawyer’s possession in some other capacity;
due to the attorney from client for services funds, documents and papers of client’s principal; subject
rendered in all matters he may have handled for matter of the action which court adjudged in favor of
the client, regardless of outcome. client’s adversary; documents introduced as exhibits in
court
 It is dependent upon and takes effect from time
of lawful possession and does not require notice When lien attaches
thereof upon client and the adverse party to be  Retaining lien attaches from the moment the attorney
effective. lawfully obtains and retains possession of the funds,
documents and papers of the client and does not depend
 Passive right and cannot be actively enforced; on notice being entered in the record of the case and copy
amounts to a mere right to retain funds, served on adverse party.
documents and papers as against the client until
the attorney is fully paid his fees. However,  That client transfers property evidenced or covered by the
lawyer may apply so much of client’s funds in his document or title in the lawful possession of the client’s
possession to satisfy his lawful fees and attorney does not defeat the retaining lien. Lawyer’s
disbursements, giving notice promptly thereafter position is similar to that of creditor who holds lien over
to his client. the property and the client-debtor must discharge the lien
before he can dispose of the property to third persons.
 Reason and essence of lien: inconvenience or
disadvantage caused to the client because of  Retaining lien not affected by existence of dispute as to the
exercise of such lien may induce client to pay the amount of attorney’s fees.
lawyer his fees and disbursements.
Bond for return of documents
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Requisites for validity (of retaining lien)  General rule: attorney retaining lien unconstestable once it
1. attorney-client relationship has lawfully attached to funds, documents and papers of
2. lawful possession by lawyer of the client’s funds, the client, hence, court may not compel lawyer to
documents and papers in his professional surrender such without prior proof of satisfaction of fees
capacity
3. unsatisfied claim for attorney’s fees or  Exception: court may require surrender of such funds,
disbursements documents and papers but only after client posts adequate
bond or security to guarantee payment of lawyer’s fees.
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Otherwise: grave abuse of discretion or authority gives lawyer same right and power as client over such
because it is court’s duty to protect, not destroy, judgment and is based on equity.
attorney’s lien
 It does not depend upon possession of judgment recovered
Extinguishment of retaining lien nor is it of a nature which attaches to the property in
 Retaining lien expires when possession lawfully litigation. It is at most a personal claim enforceable by a
ends, as when the lawyer voluntarily parts with writ of execution.
funds, documents or papers of client or offers
them in evidence in court.  It is limited only to money judgments and presupposes that
attorney secured favorable money judgment for his client.
 If such were improperly or illegally taken from
custody of attorney, his lien is not lost unless by  [drama] It is a device invented by law for the protection of
his act or omission he waives his right. attorneys against the knaveries of their clients by disabling
Mandamus will lie to restore possession. them from receiving the fruits of recoveries without paying
for the valuable services by which the recoveries were
Satisfaction of lien obtained.
 If client does not dispute claim and amount for
atty’s fees: lawyer need not file action to enforce Requisites for validity of charging lien
retaining lien; he may lawfully apply client’s 1. attorney-client relationship
funds in satisfaction of his claim for atty’s fees; 2. attorney has rendered services
he only needs to send client accounting and 3. money judgment favorable to the client has been secured
remitting the balance, if any, to the client. in the action
4. attorney has a claim for attorney’s fees or advances
 If client questions right and amount to atty’s fees: 5. statement of his claim has been duly recorded in the case
lawyer should file necessary action or motion to with notice thereof served upon the client and adverse
fix the amount of fees and can apply client’s fund party
to pay his fees only after final adjudication of  Lawyer asserting claim need not be the one that concluded
such action. Otherwise, he may be liable for the action; it is enough that he has rendered some services
misappropriation of funds. at any stage of the proceeding.
Charging Lien  That the amount of attorney lien is unliquidated does not
militate against its establishment as it is not necessary to
 A charging lien is a right which the attorney has the existence of the lien that the amount due the lawyer
upon all judgments for the payment of money be fixed.
and executions issued in pursuance thereof,
secured in favor of his client. Covers only services Recordal and notice of charging lien
rendered by attorney in the action in which the  Attorney’s charging lien takes effect from and after the
judgment was obtained and takes effect only time the attorney has caused a notice of his lien to be duly
after a statement of claim has been entered upon entered in the records of the case. For the recordal to be
record of the particular action with written notice valid, it should be made while the court still has jurisdiction
to his client and adverse party. over case and before full satisfaction of judgment. Recordal
may be entered before judgment is made but it could only
 A charging lien is a special lien in a particular case be enforced after a judgment is rendered. Lawyer may
and presupposes favorable judgment secured for record his claim before rendition of judgment (to establish
the client in that particular case. Gives attorney his right to lien), as opposed to enforcement which takes
who secured or contributed some effort to place only after a judgment is secured in favor of client.
secure favorable judgment same right and power
as his client over such judgments and executions  A copy of the statement of claim is served upon client to
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to enforce lien and secure payment of fees and give him the opportunity to object to the lien or to the
disbursements. amount of attorney’s fees claimed by lawyer. In case of
dispute, the court shall hear the parties and determine the
Nature and essence of charging lien lawyer’s right to the charging lien and the amount. A copy
 A charging lien is an abstract but potential right is also served to the adverse party so that the charging lien
made active and operative by recording a shall bind him.
statement of claim in the case and serving notice
thereof upon the client and the adverse party. It
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 Notice of lien on all parties interested confers before the atty’s lien comes into being has preference over
upon the court jurisdiction to determine lien. the lawyer.
 Purpose of notice to adverse party: to bind  Lien survives death of client and need not be enforced in
adverse party/judgment debtor since the latter is the settlement of the client’s estate.
a stranger to the contract for professional fees
between judgment creditor and his lawyer.
Adverse party who should be notified of the Extinguishment of charging lien
claim for atty’s fees is one whose interest is  Charging lien extinguished when client loses action.
adverse to the claim presented or the judgment Remedy: file separate civil action
debtor against whom the client secures a
favorable judgment. Adverse party cannot raise  Client cannot defeat attorney’s right to charging lien by
lack of or defective notice to client as a defense; dismissing case, terminating services of counsel, waiving
neither can he contest the validity of the lien. his cause or interest in favor of adverse party,
compromising his action, or assigning the subject matter
To what charging lien attaches thereof, except: (1) when lawyer waives his right by acts or
 Charging lien attaches to the judgment for the omissions, and (2) when termination or dismissal is upon
payment of money and the executions issued in instance of adverse party.
pursuance of such judgment (i.e. money
judgments). Assignment of charging lien
 General rule: attorney’s charging lien may be assigned or
 The lien does not comprise sums of money which transferred without preference being extinguished.
according to the same judgment, must be applied Exception: when assignment carries breach of attorney’s
to satisfy a legitimate debt of the client. A lawyer duties to preserve client’s confidence inviolate. Assignee
cannot have preference over and better right steps into shoes of lawyer and enjoys all rights of the latter
than the judgment creditor (his client) in the in the charging lien.
payment of professional fees.
Satisfaction of judgment
 The lien does not extend to property of client in  Satisfaction judgment in favor of client does not by itself
the hands of an officer of court. extinguish the attorney’s charging lien. If satisfaction was
made in disregard of attorney’s right when notice had been
Effects of charging lien previously given to judgment debtor, the court may, upon
 Similar to collateral security or a lien on real or motion of the attorney, vacate such satisfaction and
personal property, the charging lien gives the enforce the lien by issuing a writ of execution for the full
lawyer the right to collect, in payment of his amount against judgment debtor.
professional fees and disbursements, a certain
amount from out of the judgment or award  Satisfaction of judgment will extinguish charging lien when
rendered in favor of client. He has same right and lawyer waives right thereto either by active conduct or by
power as his client to enforce his lien and secure passive omission.
payment.
Enforcement
 Charging lien follows proceeds of the judgment  Lawyer may have his charging lien established, declared
obtained for the client in the case wherever they and enforced by the court which has jurisdiction of the
may be and whoever received them. Exception: case by filing proper motion before judgment for client is
purchaser in good faith. satisfied.
 Judgment debtor who, in disregard of charging  Attorney need not be a party to the action but in a proper
lien, satisfies judgment debt without reserving case, he may be permitted to intervene. In such a case, it is
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funds to pay attorney’s fees may be liable for full proper for lawyer to file petition in his own name against
value of the lien. both plaintiff and defendant setting the particulars of his
claim and lien. Notice of charging lien or petition filed for
 A lawyer’s duly recorded charging lien enjoys its registration in the record of the case that confers
preference of credit over that of a creditor who jurisdiction upon court.
subsequently recorded it. Conversely, a third
party who obtains a jugment against atty’s client  Without a valid written contract fixing the amount of
professional fees, lawyer must both allege and prove that
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the amount claimed is unpaid and that it is others, nor convey or permit others to convey the impression
reasonable and just with notice served upon that they are in a special position to influence the judge.
client and adverse party/judgment debtor.
Sec. 5. Judges shall not only be free from inappropriate
 When client contests attorney’s right to receive connections with, and influence by, the executive and
compensation or the amount thereof, court must legislative branches of government, but must also appear to be
first resolve that question in full dress trial before free therefrom to a reasonable observer.
it should order registration of charging lien. At all
events, exact amount of attorney’s fees should Sec. 6. Judges shall be independent in relation to society in
be determined before enforcing lien. general and in relation to the particular parties to a dispute
which he or she has to adjudicate.
 Client who fails to contest will be bound by
attorney’s claim even though it may appear Sec. 7 Judges shall encourage and uphold safeguards for the
unjust. discharge of judicial duties in order to maintain and enhance
the institutional and operational independence of the judiciary.
 Charging lien may be enforced, upon proper
motion, by execution against (1) client who Sec. 8. Judges shall exhibit and promote high standards of
receives proceeds of judgment without paying his judicial conduct in order to reinforce public confidence in the
lawyer, and (2) judgment debtor who, for judiciary which is fundamental to the maintenance of judicial
disregarding charging lien properly served on independence.
him, becomes liable to the extent of lawyer’s
claim. RE: SEC 1.
EXERCISE JUDICIAL FUNCTION INDEPENDENTLY
NEW CODE OF JUDICIAL CONDUCT  People v. Veneracion (1995)

F: Judge Veneracion finding the defendants Henry
CANON 1 Lagarto and Ernesto Cordero guilty beyond reasonable doubt of
INDEPENDENCE the crime of Rape with Homicide and sentenced both accused
with the "penalty of reclusion perpetua with all the accessories
 Canon 1. Judicial independence is a provided for by law." Disagreeing with the sentence imposed,
pre-requisite to the rule of law and a fundamental the City Prosecutor of Manila filed a Motion for
guarantee of a fair trial. A judge shall therefore Reconsideration, praying that the Decision be "modified in that
uphold and exemplify judicial independence in both the penalty of death be imposed" against respondents Lagarto
its individual and institutional aspects. and Cordero, in place of the original penalty (reclusion
perpetua). The SC found that the respondent judge acted with
Sec. 1. Judges shall exercise the judicial function grave abuse of discretion and in excess of jurisdiction when he
independently on the basis of their assessment of the failed and/or refused to impose the mandatory penalty of
facts and in accordance with a conscientious death under R.A. 7659, after finding the accused guilty of the
understanding of the law, free of any extraneous crime of Rape with Homicide.
influence, inducement, pressure, threat or
interference, direct or indirect, from any quarter or H: Obedience to the rule of law forms the bedrock of our
for any reason. system of justice. If judges, under the guise of religious or
political beliefs were allowed to roam unrestricted beyond
Sec. 2. In performing judicial duties, Judges shall be boundaries within which they are required by law to exercise
independent from judicial colleagues in respect of the duties of their office, then law becomes meaningless. A
decisions which the judge is obliged to make government of laws, not of men excludes the exercise of broad
independently. discretionary powers by those acting under its authority. In the
case at bench, respondent judge, after weighing the evidence
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Sec. 3. Judges shall refrain from influencing in any of the prosecution and the defendant at trial found the accused
manner the outcome of litigation or dispute pending guilty beyond reasonable doubt of the crime of Rape with
before another court or administrative agency. Homicide. Since the law in force at the time of the commission
of the crime for which respondent judge found the accused
Sec. 4. Judges shall not allow family, social, or other guilty was Republic Act No. 7659, he was bound by its
relationships to influence judicial conduct or provisions. The law plainly and unequivocably provides that
judgment. The prestige of judicial office shall not be "[w]hen by reason or on the occasion of rape, a homicide is
used or lent to advance the private interests of committed, the penalty shall be death." We are aware of the
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trial judge's misgivings in imposing the death due to Cosico’s retirement, the annotation of lis pendens was
sentence because of his religious convictions. While eventually cancelled by Judge de Guzman. Upon investigation,
this Court sympathizes with his predicament, it is its Cosico said that while he was hearing the case, Judge de
bounden duty to emphasize that a court of law is no Guzman approached him and asked him to grant motion to lift
place for a protracted debate on the morality or notice of lis pendens. When motion was denied, Judge de
propriety of the sentence, where the law itself Guzman was said to have come back to Cosico’s office asking
provides for the sentence of death as a penalty in him (Cosico) to reconsider order of denial. The Court found
specific and well-defined instances. that Judge de Guzman tried to influence the outcome of the
case.
 Tahil v. Eisma (1975)
F: Respondent Municipal Judge Carlito A. Eisma H: YES. Judge de Guzman approached Judge Cosico at
is charged by complainant Hadjirul Tahil with least twice asking him to cancel the notice of lis pendens,
dishonesty in not reporting regularly to his office, thereby, trying to influence the course of the litigation in the
contrary to the recitals of his daily time record. case in violation of Code of Judicial Conduct. Being the
According to the findings of the investigating judge: dispensers of justice, judges should not act in a way that would
the filing of this complaint is motivated by hatred, suspicion in order to preserve faith in the administration of
anger and revenge on the part of the complainant. justice. Act of interference by Judge de Guzman with the
Complainant’s anger stems from the disapproval of subject case pending in the sala of Judge Cosico clearly
the bail bond he brought for his nephew. But this tarnishes the integrity and independence of the judiciary and
disapproval is warranted due to the non-appearance subverts the people’s faith in the judicial process.
of bondsmen. His anger is because he expected the
judge to approve the bail bond simply because they  Contreras v. Solis (1996)
are friends. It appears however that respondent F: One Rufino Mamangon was charged for the murder of
admitted having granted bail to an accused upon the complainant's brother. The RTC dismissed the case for lack of
request of a congressman, despite his belief that the jurisdiction. The accused Mamangon however was not released
evidence of guilt against the accused was strong. The and so a petition for habeas corpus was filed. Respondent
SC found that the respondent’s act of granting bail presided over the petition. He initially dismissed it and a motion
upon the request of a congressman was for reconsideration was filed. Later, respondent ordered the
reprehensible. The SC thus admonished him. release of the accused upon posting of a P25000 cash bond. He
subsequently canceled the bond and ordered the re-arrest of
H: The discretion of the court to grant bail must the accused after the public prosecutor filed a motion for
be based upon the Court’s determination as to WON reconsideration. Thereupon, the complainant filed this
the evidence of guilt is strong. This discretion may administrative complaint. According to the assigned
only be exercised after the evidence is submitted at investigating officer, after the accused filed his motion for
the summary hearing conducted pursuant to Sec 7 of reconsideration on the denied petition, complainant had a
Rule 114 of the Rules. Respondent’s admission that meeting with respondent inside the latter's office at around 7
he granted bail to an accused upon the request of a am (at this hour, court employees are not yet in for work).
congressman, despite his belief that the evidence of Respondent informed complainant of the motion for
guilt against the accused was strong is indeed reconsideration filed by the accused and his willingness to pay
reprehensible. But it is not clear WON a summary P25000 as bail bond. It appeared to complainant that what the
hearing was conducted by respondent Judge for the respondent was actually saying was that if the former was
purpose of bail and, on the basis of the evidence willing to pay the same amount, the accused would not be
submitted, granted bail to the accused. Moreover, released. Respondent insists that the purpose of such meeting
respondent was not specifically charged and was to inform the complainant of the motion for
investigated in this regard, and in the absence of any reconsideration so he could participate. He did not ask any
specific finding that respondent gravely abused his money from the complainant and the latter admits that he did
discretion in granting bail to the accused, this court not give any. The amount that the respondent mentioned was
has no basis to impose a fine upon respondent. what the complainant was going to spend for a lawyer. The
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investigating officer however was not convinced. Respondent

RE: SEC 3. could have informed complainant about the habeas corpus
REFRAIN FROM INFLUENCING OUTCOME OF proceedings at an earlier stage by simply furnishing him a copy
LITIGATION OR PROCEEDING of the first order. Why did he wait at the last working hour on a
Friday to schedule a meeting on 7 am Monday? The acts of the
 OCA v. deGuzman (1997) respondent, according to the investigating officer lends to
F: Judge Cosico denied a party’s motion to suspicions of dishonesty. She recommends that respondent be
cancel notice of lis pendens. When case was re-raffled advised to avoid such occasions. As to the order issued by the
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judge to release the accused upon bail and the decide cases within the prescribed period; (2) unreasonable
subsequent cancellation of the bail and re-arrest, the delay in the disposition of cases which have been prejudicial to
investigating officer found that the respondent litigants; (3) manifest partiality in favor of a litigant and (4)
committed errors. The SC agreed with the findings of fraternizing with lawyers who have pending cases in his sala.
the investigating officer. Mayor Padilla complains that these cases have been pending
since, 1991, some have not even been tried and because of
H: As to the alleged extortion: The respondent's delays in the disposition of these cases and the perceived
seemingly benign conduct of meeting with the partiality of respondent Judge for Atty. Schneider, the people's
complainant to advise him of a pending case is confidence in the judiciary is being eroded. Respondent Judge
puzzling since the records do not show any reason denies that he is fraternizing with lawyers with pending cases in
that would justify respondent's special his sala, explaining that in the case of Atty. Schneider, he is the
interest/concern over the complainant. A reasonable only lawyer in the Municipality and it is but natural for
person would deduce that respondent's mention of respondent Judge to be friendly with him but maintains that
the potency of the accused's motion for their friendship has never been a hindrance to the proper
reconsideration and the amount that the complainant disposition of the cases in his sala as his impartially is known
would spend for an attorney means that the not only in the Municipality of Jose Panganiban, but also in the
respondent is actually suggesting that complainant province of Camarines Norte. The SC held that the respondent
should just give the money to respondent for a judge was guilty of serious irregularities and grave misconduct
favorable decision. A proposal to pay the judge need in the performance of his official duties for manifest partiality in
not only be stated expressly. This can also be implied. favor of a litigant and fraternizing with lawyers who have
Respondent's pretended innocence of the message pending cases in his sala.
perceived by complainant is unconvincing considering
the fact that he has been in the practice of law for H: Respondent Judge does not deny his close friendship
years. As a judicial officer he should avoid the and association with Atty. Augusto Schneider. Constant
slightest hint of anomaly and corruption. He should company with a lawyer tends to breed intimacy and
conduct himself in a manner to avoid any suspicion of camaraderie to the point that favors in the future may be asked
irregularity. Whatever may have been respondent's from respondent judge which he may find hard to resist. The
motive in meeting with the complainant, such action actuation of respondent Judge of eating and drinking in public
certainly gave rise to questions of honesty. places with a lawyer who has pending cases in his sala may well
arouse suspicion in the public mind, thus tending to erode the
With regard to the erroneous orders, it appears that trust of the litigants in the impartiality of the judge. This
the legal basis used by the judge were incorrectly eventuality may undermine the people's faith in the
applied. A bond was not necessary since the accused, administration of justice. It is of no moment that Atty. Augusto
after the dismissal of the criminal case, was supposed Schneider is the only lawyer in the locality. A judge should
to have been set free. However, an erroneous behave at all times as to inspire public confidence in the
decision cannot be the sole basis for disciplining a integrity and impartiality of the judiciary. The prestige of
judge. It must be clearly shown that such judgment judicial office shall not be used or lent to advance the private
was unjust as being contrary to law and the judge interests of others, nor convey or permit others to convey the
rendered it with conscious and deliberate intent to do impression that they are in a special position to influence the
injustice. The respondent cannot be held liable for an judge. We find this case an occasion to remind members of the
erroneous order. Issuing it was an official act and is Judiciary to so conduct themselves as to be beyond reproach
presumed to have been done in good faith. The court and suspicion, and be free from any appearance of impropriety
is unable to find a clear and definite connection in their personal behavior not only in the discharge of their
between the attempt at extortion and the subsequent official duties but also in their everyday life. Public confidence
issuance of the erroneous orders. It would be unjust in the Judiciary is eroded by irresponsible or improper conduct
to presume wrong intentions on the part of the of judges. A judge must avoid all impropriety and the
respondent. appearance thereof. Being the subject of constant public
scrutiny, a judge should freely and willingly accept restrictions
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RE: SEC 4. on conduct that might be viewed as burdensome by the

REFRAIN FROM BEING INFLUENCED BY ordinary citizen.
FAMILY, SOCIAL OR OTHER RELATIONSHIPS
RE: SEC. 5
 Padilla v. Zantua (1994) INDEPENDENCE FROM
F: Mayor Padilla charged Judge Zantua, with EXECUTIVE AND LEGISLATIVE
serious irregularities and grave misconduct in the
performance of his official duties for: (1) failure to  In re Cunan (1954)
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RA 972 (the bar flunkers act) has for its object to The pretended classification is arbitrary. It is undoubtedly a
admit to the Bar, those candidates who suffered from class legislation.
insufficiency of reading materials and inadequate
preparation. By its declared objective, the law is RE: SEC 8
contrary to public interest because it qualifies 1,094 PROMOTE PUBLIC CONFIDENCE
law graduates who confessedly had inadequate
preparation for the practice of the profession, as was  Macalintal v. Teh (1997)
exactly found by this Tribunal in the aforesaid F: Atty. Macalintal related to the Court in a letter the
examinations. An adequate legal preparation is one of actuations of Judge Teh, relative to Election Case No. R-95-001.
the vital requisites for the practice of law that should Judge Teh issued a resolution adverse to the client of
be developed constantly and maintained firmly. To complainant. He questioned the resolution via certiorari with
the legal profession is entrusted the protection of the COMELEC. While case was pending in the COMELEC, Teh
property, life, honor and civil liberties. It is obvious, actively participated in the proceedings by filing his comment
therefore, that the ultimate power to grant license for on the petition, as well as an urgent manifestation.
the practice of law belongs exclusively to this Court, Complainant filed a motion for inhibition but instead, Teh hired
and the law passed by Congress on the matter is of his own lawyer and filed answer before the court with prayer.
permissive character, or as other authorities say, The SC found that Judge Teh’s actuations eroded public
merely to fix the minimum conditions for the license. confidence in the administration of justice.
Laws are unconstitutional on the following grounds:
first, because they are not within the legislative H: Evidently, the active participation of the respondent
powers of Congress to enact, or Congress has judge, being merely a nominal or formal party in the certiorari
exceeded its powers; second, because they create or proceedings is not called for. “xxx Under Sec 5 of Rule 65 of the
establish arbitrary methods or forms that infringe ROC, a judge whose order is challenged in an appellate court
constitutional principles; and third, because their does not have to file any answer or take active part in the
purposes or effects violate the Constitution or its proceeding unless expressly directed by order of this court. It is
basic principles. As has already been seen, the the duty of respondent to appeal and defend, both in his/her
contested law suffers from these fatal defects. behalf and in behalf of the Court or judge whose order or
Summarizing, we are of the opinion and hereby decision is at issue. xxx” Respondent’s folly did not stop there.
declare that RA. 972 is unconstitutional and When complainant filed for respondent’s inhibition, he hired
therefore, void, and without any force nor effect for his own lawyer. Respondent judge should be reminded that
the following reasons, to wit: decisions of courts need not only be just but must be perceived
1. Because its declared purpose is to admit 810 to be just and completely free from suspicion or doubt both in
candidates who failed in the bar examinations of its fairness and integrity.
1946-1952, and who, it admits, are certainly
inadequately prepared to practice law, as was CANON 2
exactly found by this Court in the aforesaid years. INTEGRITY
2. Because it is, in effect, a judgment revoking the  Canon 1. Integrity is essential not only to the proper
resolution of this Court on the petitions of these discharge of the judicial office but also to the personal
810 candidates, without having examined their demeanor of judges.
respective examination papers, and although it is
admitted that this Tribunal may reconsider said Sec. 1. Judges shall ensure that not only is their conduct above
resolution at any time for justifiable reasons, only reproach, but that it is perceived to be so in the view of a
this Court and no other may revise and alter reasonable observer.
them. In attempting to do it directly RA 972
violated the Constitution. Sec. 2. The behavior and conduct of judges must reaffirm the
people's faith in the integrity of the judiciary. Justice must not
3. By the disputed law, Congress has exceeded its merely be done but must also be seen to be done.
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legislative power to repeal, alter and supplement

the rules on admission to the Bar. Sec. 3. Judges should take or initiate appropriate disciplinary
measures against lawyers or court personnel for unprofessional
4. The reason advanced for the pretended conduct of which the judge may have become aware.
classification of candidates, which the law makes,
is contrary to facts which are of general RE: SEC. 1.
knowledge and does not justify the admission to CONDUCT ABOVE REPROACH
the Bar of law students inadequately prepared.
105
 Alfonso v. Juanson (1993) complainant that the latter should come to court prepared.
F: Dr. Alfonso filed this complaint for Respondent also told complainant that he should not bring his
immorality and violation of the Code of Judicial Ethics passion to the court and if complainant does not respect the
against Judge Juanson. Alfonso alleges that Juanson judge, he should respect the court. Complainant continued
has been maintaining an illicit affair with Alfonso’s insisting in a loud voice that the evidence be marked exhibit F.
wife, Sol. The SC, however, did not dismiss Judge The respondent banged his gavel, left the rostrum and went to
Juanson. his chamber. Complainant's version states that the respondent
unceremoniously removed his coat and challenged complainant
H: There is no doubt in the Court’s mind that to step out and they will settle the matter. Respondent's
there is a very special relationship between Sol and version states that when the respondent left the rostrum all he
Modesto. Though it started as relations before Sol’s said was five minute recess. One of complainant's own witness,
marriage, it developed into an extra-marital affair. It which the investigating officer found to be the most impartial,
must, however, be stressed that Juanson is not said that respondent did not remove his coat and that all the
charged with immorality or misconduct committed witness heard from him was, step out. Respondent, after
before he was appointed to the judiciary. As to the coming out of his chamber, holding his revolver inside its
post-appointment period, the court finds the holster with his right hand, looked at the courtroom where the
evidence for Norbert insufficient to prove that lawyers were. The gun was not really pointed at anyone but he
Juanson and Sol continued their extra-marital affair. did look at the people inside the courtroom. Respondent had a
Since Norbert’s narration was only treated as permit for carrying a licensed gun because of death threats he
narration and not put into evidence, they are had received from the NPA. The complainant now charges
considered as proof that Sol made statements, but respondent with grave misconduct and oppression. The SC
not proof that the facts revealed are true. As such, dismissed the Judge from the service but also required the
the acts of sexual intercourse admitted by Sol cannot complainant to show why disciplinary proceedings should not
be deemed proven. There is no direct and competent be taken against him.
evidence against Juanson that he had illicit sex with
Sol. The imputation of illicit sexual acts upon the H: The relations between judge and counsel should be based on
incumbent judge must be proven by substantial mutual respect and a deep appreciation by one of the duties of
evidence, which is the quantum of proof required in the other. Both are expected to maintain the high esteem for
administrative cases. the courts. Counsel should observe respect due to the court, to
opposing counsel and to judicial officers.
Also, it may be that Juanson has undergone moral
reformation after his appointment, or his In our culture, raising one's voice is a sign of disrespect,
appointment could have completely transformed him improper to one whose investiture into the legal profession
upon the solemn realisation that a public office is a places upon his shoulders no burden more basic, more exacting
public trust. Nevertheless, considering their prior and more imperative than that of respectful behavior. towards
relationship, Juanson and Sol’s meetings could the courts. Complainant, as an active law practitioner and
reasonably incite suspicion of either its continuance leader of several law organizations in the community should
or revival and the concomitant intimacies expressive provide an example of proper decorum to his brothers in the
of such relationship. Juanson became indiscreet, he profession. He should have observed humility and accepted
encumbered to the sweet memories of the past and mistakes graciously.
he was unable to disappoint Sol when she asked for
his legal advice. Such indiscretions indubitably cast Respondent judge was also at fault for his shortness of temper
upon his conduct as appearance of impropriety. and impatience, contrary to the duties and restriction imposed
upon him by reason of his office. He failed to observe the
 Romero v. Valle (1987) proper decorum expected of judicial officers. Judicial officers
F: All this started over an argument on whether are given contempt powers so that they can remind counsels of
to label an evidence as exhibit F or exhibit G. The facts their duties in court without being arbitrary, unreasonable or
are stated by the investigating officer assigned. unjust. Respondent should have cited the complainant in
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Complainant was one of the two lawyers in a civil contempt of court instead of throwing tantrums by banging his
case tried by the respondent judge. During a hearing, gavel loudly and unceremoniously walking out of the
complainant asked that an evidence be marked courtroom. Although respondent had a valid explanation for
exhibit F. Respondent interrupted and said that there carrying a gun, his act of carrying it in plain view of the lawyers
was already an exhibit F so the evidence should be (including the complainant) and considering what just
marked exhibit G. Complainant in a loud voice happened, cannot be taken as an innocent gesture. It was
insisted that his proposed marking was correct. This calculated to instill fear and intimidate the complainant.
irritated the respondent and he admonished the Respondent's behavior constitutes grave misconduct. A judge's
106
conduct should be free from the appearance of Sec. 2. Judges shall ensure that his or her conduct, both in
impropriety not only in his official duties but in his and out of court, maintains and enhances the confidence of the
everyday life. One who lives by the precept that might public, the legal profession and litigants in the impartiality of
is right: is unworthy to be a judicial officer. the judge and of the judiciary.
Sec. 3. Judges shall, so far as is reasonable, so conduct
RE: SEC. 2 themselves as to minimize the occasions on which it will be
REAFFIRM PEOPLE’S FAITH necessary for them to be disqualified from hearing or deciding
cases.
 Castillo v. Calanog (1991)
F: In a sworn letter complaint, Castillo alleged Sec. 4. Judges shall not knowingly, while a proceeding is
that Judge Calanog and her have an affair and that before, or could come before, them make any comment that
she was convinced by the judge to be his mistress due might reasonably be expected to affect the outcome of such
to promises of giving her a condominium to live in proceeding or impair the manifest fairness of the process. Nor
and financial support for her daughters. Castillo shall judges make any comment in public or otherwise that
further alleged that when she conceived their son, might affect the fair trial of any person or issue.
the judge suddenly left her and failed to provide
financial support despite several pleadings. After Sec. 5. Judges shall disqualify themselves from participating in
Judge denied allegations, Castillo also sent formal any proceedings in which they are unable to decide the matter
“affidavit of Desistance” denying her initial impartially or in which it may appear to a reasonable observer
allegations. that they are unable to decide the matter impartially. Such
proceedings include, but are not limited to, instances where
H: Calanog established an intimate, albeit (a) The judge has actual bias or prejudice concerning a party or
immoral, relationship with Castillo although Calanog personal knowledge of disputed evidentiary facts
is a married man. Calanog behaved in a manner not concerning the proceedings;
becoming of his robes and as a model of rectitude, (b) The judge previously served as a lawyer or was a material
betrayed the people’s high expectations, and witness in the matter in controversy;
diminished the esteem in which they hold the (c) The judge, or a member of his or her family, has an
judiciary in general. The circumstances show a lack of economic interest in the outcome of the matter in
circumspection and delicadeza on the part of Calanog controversy;
by failing to avoid situations that make him suspect to (d) The judge served as executor, administrator, guardian,
committing immorality and worse, having that trustee or lawyer in the case or matter in controversy, or a
suspicion confirmed. former associate of the judge served as counsel during
their association, or the judge or lawyer was a material
A judge must be free of a whiff of impropriety not witness therein;
only with respect to his performance of his judicial (e) The judge's ruling in a lower court is the subject of review;
duties, but also to his behavior outside his sala and as (f) The judge is related by consanguinity or affinity to a party
a private individual. There is no dichotomy of litigant within the sixth civil degree or to counsel within the
morality: a public official is also judged by his private fourth civil degree; or
morals. (g) The judge knows that his or her spouse or child has a
Calanog also committed a grave injustice when he financial interest, as heir, legatee, creditor, fiduciary, or
took advantage of Castillo’s state of material otherwise, in the subject matter in controversy or in a
deprivation and helplessness when he persuaded her party to the proceeding, or any other interest that could be
to be his mistress. He used the brute force of his substantially affected by the outcome of the proceedings;
position of power and authority.
Sec. 6. A judge disqualified as stated above may, instead of
CANON 3 withdrawing from the proceeding, disclose on the records the
IMPARTIALITY basis of disqualification. If, based on such disclosure, the parties
and lawyers independently of the judge's participation, all
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 Canon 1. Impartiality is essential to agree in writing that the reason for the inhibition is immaterial
the proper discharge of the judicial office. It applies or unsubstantial, the judge may then participate in the
not only to the decision itself but also to the process proceeding. The agreement, signed by all parties and lawyers,
by which the decision is made. shall be incorporated in the record of the proceedings.
Sec. 1. Judges shall perform their judicial duties RE: SEC. 2

without favor, bias or prejudice. PROMTE CONFIDENCE AND IIMPARTIALITY
107
 Talens-Dabon v. Arceo (1996) behaved in a manner unbecoming of a judge and as model of

F: Talens-Dabon, Clerk of Court of the RTC of moral uprightness. He has betrayed the people's high
San Fernando Pampanga, charged Judge Hermin E. expectations and diminished the esteem in which they hold the
Arceo, the Executive Judge thereat with gross judiciary in general. We need not repeat the narration of lewd
misconduct and immorality. Respondent Judge had a and lustful acts committed by respondent judge in order to
reputation in the office as being "bastos" and conclude that he is indeed unworthy to remain in office. The
"maniakis". There were instances were the judge audacity under which the same were committed and the
talked in a loud voice and shouted and used offensive seeming impunity with which they were perpetrated shock our
words such as “walang isip” and “tanga”; told green sense of morality. All roads lead us to the conclusion that
jokes; made bodily contact ("chancing") with her and respondent judge has failed to behave in a manner that will
certain female employees; kissed complainant on the promote confidence in the judiciary. His actuations, if
cheeks; respondent summoned the stenographer to condoned, would damage the integrity of the judiciary,
his chamber and she found him clad only in briefs. fomenting distrust in the system. Hence, his acts deserve no
Judge gave the complainant a poem, locked her in his less than the severest form of disciplinary sanction of dismissal
chambers and tried to take advantage of her. The SC from the service. The actuations of respondent are aggravated
found the respondent judge guilty of gross by the fact that complainant is one of his subordinates over
misconduct whom he exercises control and supervision, he being the
executive judge. He took advantage of his position and power
H: The integrity of the Judiciary rests not only in order to carry out his lustful and lascivious desires. Instead
upon the fact that it is able to administer justice but of he being in loco parentis over his subordinate employees,
also upon the perception and confidence of the respondent was the one who preyed on them, taking
community that the people who run the system have advantage of his superior position.
done justice. Hence, in order to create such
confidence, the people who run the judiciary, RE: SEC. 5
particularly judges and justices, must not only be DISQUALIFICATIONS
proficient in both the substantive and procedural
aspects of the law, but more importantly, they must  Masadao v. Elizaga (1987)
possess the highest integrity, probity, and F: On May 4, 1987, Judge Masadao rendered a decision
unquestionable moral uprightness, both in their finding the accused, Jaime Tadeo, guilty of estafa. Justice JBL
public and private lives. Only then can the people be Reyes entered his appearance for the accused. Judge Masadao
reassured that the wheels of justice in this country issued an order inhibiting himself from further sitting in the
run with fairness and equity, thus creating confidence case on the ground that retired Justice Reyes has been among
in the judicial system. With the avowed objective of those who had recommended him to the bench. A raffle was
promoting confidence in the Judiciary, we have the conducted and the case was assigned to Judge Elizaga Judge
following provisions of the Code of Judicial Conduct: Elizaga returned the records with a letter stating his refusal to
Rule 2.01: A judge should so behave at all times as to act and assailing the re-raffling of the case as uncalled for and
promote public confidence in the integrity and impractical.
impartiality of the judiciary.
H: It is clear from the reading of the law that intimacy or
The Court has adhered and set forth the exacting friendship between a judge and an attorney of record of one of
standards of morality and decency which every the parties to a suit is no ground for disqualification. To allow it
member of the judiciary must observe. A magistrate would unnecessarily burden other trial judges to whom the
is judged not only by his official acts but also by his cases would be transferred.
private morals, to the extent that such private morals
are externalized. He should not only possess In fact, this is one rare opportunity for Masadao to show that
proficiency in law but should likewise possess moral JBL Reyes did not err in recommending him for his competence
integrity for the people look up to him as a virtuous and known probity;that he has conducted himself with the cold
and upright man. Being the subject of constant public impartiality of an impartial judge; that no one can sway his
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scrutiny, a judge should freely and willingly accept judgment whoever he may be
restrictions on conduct that might be viewed as
burdensome by the ordinary citizen. A judge should However, men of the Bench are not without imperfections. A
personify integrity and exemplify honest public judge experiences the “tug and pull of purely personal
service. The personal behavior of a judge, both in the preferences and prejudices which he shares with the rest of his
performance of his official duties and in private life fellow mortals”. Especially for Filipinos whose sense of
should be above suspicion. Respondent has failed to gratitude in one trait which invariably reigns supreme over any
measure up to these exacting standards. He has and all considerations in matters upon which such tender
108
sentiment may somehow inexorably impinge. The Sec. 2. As a subject of constant public scrutiny, judges must
circumstances before judge Masadao are not ordinary accept personal restrictions that might be viewed as
ones. Thus, this is one certain circumstance where a burdensome by the ordinary citizen and should do so freely and
case could well be heard by another judge and where willingly. In particular, judges shall conduct themselves in a way
a voluntary inhibition may prove to be the better that is consistent with the dignity of the judicial office.
course of action. Judge Masadao’s actuations are
within par 2 sec 1 rule 137. 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
 Lorenzo v. Marquez (1988) suspicion or appearance of favoritism or partiality.
F: Lorenzo, with an indorsement by the NBI,
executed a sworn statement against Judge Marquez Sec. 4. Judges shall not participate in the determination of a
charged him with violation of Sec Rule 137 ROC in case in which any member of their family represents a litigant
deciding KBP v. Balid. Marquez was a member of the or is associated in any manner with the case.
board of directors of the plaintiff in said case and
served as counsel. When Marquez took over the case, Sec. 5. Judges shall not allow the use of their residence by a
he set the case for hearing and rendered a decision member of the legal profession to receive clients of the latter
favourable to the plaintiff. He proceeded to decide on or of other members of the legal profession.
the case since there was no objection from the
parties. Sec. 6. Judges, like any other citizen, are entitled to freedom
The SC found that indeed, Judge Marquez was not of expression, belief, association and assembly, but in
impartial and should have been disqualified in the exercising such rights, they shall always conduct themselves in
case such a manner as to preserve the dignity of the judicial office
and the impartiality and independence of the judiciary.
H: The judgment in this case was rendered in
favor of the plaintiff and against the defendant. Sec. 7. Judges shall inform themselves about their personal
Clearly, according to Sec. 1 Rule 137 of the ROC, no fiduciary financial interests and shall make reasonable efforts to
judge or official shall sit is any case in which he, or his be informed about the financial interests of members of their
wife, or child is pecuniarily interested as heir, legatee, family.
creditor or otherwise, or in which he is related to
either party within the sixth degree of consanguinity Sec. 8. Judges shall not use or lend the prestige of the judicial
or affinity, or to counsel within the fourth degree office to advance their private interests, or those of a member
computed according to the rules of civil law, or in of their family or of anyone else, nor shall they convey or
which he has been executor, administrator, guardian, permit others to convey the impression that anyone is in a
trustee or counsel…” From the foregoing provision, a special position improperly to influence them in the
judge cannot sit in any case in which he was a counsel performance of judicial duties.
without the written consent of all parties. The rule is
explicit that he must secure the written consent of all Sec. 9. Confidential information acquired by judges in their
parties, not a mere verbal consent much less a tacit judicial capacity shall not be used or disclosed by for any other
acquiescence. The written consent must be signed by purpose related to their judicial duties.
them and entered upon the record. The failure of the
respondent to observe these elementary rules of Sec. 10. Subject to the proper performance of judicial duties,
conduct betrays his unusual personal interest in the judges may
case which prevailed over and above his sworn duty (a) Write, lecture, teach and participate in activities
to administer the law impartially. concerning the law, the legal system, the administration of
justice or related matters;
CANON 4 (b) Appear at a public hearing before an official body
PROPRIETY concerned with matters relating to the law, the legal
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system, the administration of justice or related matters;

 Canon 4. Propriety and the (c) Engage in other activities if such activities do not detract
appearance of propriety are essential to the from the dignity of the judicial office or otherwise interfere
performance of all the activities of a. judge. with the performance of judicial duties.
Sec. 1. Judges shall avoid impropriety and the Sec. 11. Judges shall not practice law whilst the holder of
appearance of impropriety in all of their activities. judicial office.
109
Sec. 12. Judges may form or join associations of took possession, by destroying the lock to the door, of the
judges or participate in other organizations bodega then being used and occupied by complainant. After
representing the interests of judges. celebrating his party, respondent Judge closed the place using a
new padlock and effectively evicting complainant from the
Sec. 13. Judges and members of their families shall premises. (b) respondent judge ordered Policronio Agao to fire
neither ask for, nor accept, any gift, bequest, loan or his shotgun, hitting William Lao in the process. (c) although the
favor in relation to anything done or to be done or shotgun used in the shooting incident was a licensed firearm,
omitted to be done by him or her in connection with respondent had no authority, however, to bring that gun
the performance of judicial duties. outside residence. (d) Instead of acceding to the request of
Superintendent Doria to forthwith go with him to the police
Sec. 14. Judges shall not knowingly permit court staff headquarters to shed light on the shooting incident,
or others subject to their influence, direction or respondent judge sped away from them. (e) finally, when police
authority, to ask for, or accept, any gift, bequest, loan officers caught up with respondent judge and his wife, he was
or favor in relation to anything done or to be done or found to be in possession of an unlicensed .45 caliber handgun.
omitted to be done in connection with their duties or As the court held in Saburnido vs. Madrono, “it was highly
functions. improper for a judge to have wielded a high-powered firearm in
public and besieged the house of a perceived defamer of
Sec. 15. Subject to law and to any legal requirements character and honor in warlike fashion and berated the object
of public disclosure, judges may receive a token gift, of his ire, with his firearm aimed at the victim…”
award or benefit as appropriate to the occasion on
which it is made provided that such gift, award or  Arban v. Borja (1989)
benefit might not reasonably be perceived as F: Ponciano A. Arban, the then District Engineer for
intended to influence the judge in the performance of Camarines Sur, Ministry of Public Works and Highways, filed an
judicial duties or otherwise give rise to an appearance administrative case for grave misconduct against Judge Melecio
of partiality. B. Borja, on that ground that in the presence of people taking
their lunch and others, the said respondent, without any
RE: SEC. 1 justification whatever, hit with the pistol he was carrying the
AVOIDANCE OF IMPROPRIETY herein petitioner on the left side of his head, sending him
sprawling to the floor and rendering him momentarily
 Lao v. Abelita (1998) unconscious. The SC found that the respondent Judge
F: Two administrative cases were filed against commited an act of serious misconduct, one which degrades
respondent Judge. The first complaint accused the integrity of the judicial office and serves as a demoralizing
respondent judge of abuse of authority, grave example to the public.
misconduct, oppression and harassment. The second
complaint charged him with serious misconduct and H: The complainant's avowal that his 'personal interests'
conduct unbecoming of a judge. In the first case, the have been 'already satisfied,' is not all there is to this case.
complainant alleged that respondent judge forcibly There is the matter of the public interest involved in the case.
entered and gained entrance without his knowledge The respondent is not just an ordinary citizen, but a highly
in his office, residence and bodega, and that he visible member of the judicial branch of the Government,
removed the padlock to the residence-bodega and particularly, an incumbent judge of the RTC stationed in Naga
replaced it, depriving complainant of access, City. The complainant is, himself, an official of the government
possession and use of residence and bodega. In the — an engineer of the Ministry of Public Works and Highways.
second case, during the pendency of the first case, The fact that the incident was accorded with widest possible
respondent ordered some people to (a) enter the publicity in both regional and national newspaper attests to the
nursery compound, one of the properties subject very sensitive position occupied by the respondent. There is,
matter in the first case, build a shanty to take thus, not only the complainant's private interests involved, but
possession of property; (b) cut off electric power of also the public interest involved in the act of an official whom
the water pump to deprive water supply and (c) position carries with it great responsibility and which position
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respondent ordered his man, Agao, to shoot, with a demanded the highest norm of conduct from the incumbent
shotgun, the workers of the complainant who were both in his public and private capacities, whether in court or
about to install water pipes in the nursery resulting in out of it. There is no doubt in the mind of the Court from the
the injury of his nephew, William Lao. records of this case, inspite of the cover-ups and the sudden
loss of interest of the complainant to vigorously pursue his
H: Respondent judged failed to measure up to complaint, that the physical injuries inflicted on Mr. Arban were
what could well be expected of him as an officer of caused by a pistol-whipping.
the judiciary. It was shown that (a) Respondent Judge
110
Whatever the motive may have been, the violent cannot be preserved. Moral integrity is more than a virtue; it is
action of the respondent in a public place constitutes a necessity in the Judiciary.
serious misconduct and the resultant outrage of the
community in Naga City is a blow to the image of the RE: SEC. 8
entire judiciary. Judge Borja violated the established INFLUENCE ON JUDICIAL CONDUCT
norm for judicial behavior that "a judge's official  Aquino v. Luntok (1990)
conduct should be free from appearance of F: Petitioners, of the Provincial Auditor’s office of
impropriety, and his personal behavior not only upon Camarines Sur, conducted an audit of the Municipal Treasurer
the bench and in the performance of judicial duties, of Libmanan, Camarines Sur and found a cash shortage.
but also in his everyday life, should be beyond Pursuant to BP 337, they seized the treasurer’s cash, books,
reproach (Sec. 3, Cannon of Judicial Ethics) papers and accounts. He was also suspended from office. The
Treasurer filed a petition with the trial court, presided over by
This Court ruled in De la Paz v. Inutan (64 SCRA 540), respondent judge, for prohibition with injunction and with a
that: “The judge is the visible representation of the prayer for a restraining order and damages. Judge Luntok
law and, more importantly, of justice. From him, the issued a TRO, extended its effectivity twice, and finally granted
people draw their win and awareness to obey the an application for a writ of preliminary injunction. Petitioners
law. They see in him an intermediary of justice argue that the writ is void for being in reality a fourth
between two conflicting interests, specially in the restraining order issued beyond the 20-day effectivity of the
station of municipal judges, like respondent Judge, preceeding TRO. The SC upheld the writ of preliminary
who have that close and direct contact with the injunction but reprimanded the Judge.
people before anybody else in the judiciary. Thus, for
the judge to return that regard, he must be the first H: Except for delay in the resolution of the application for
to abide by the law and weave an example for the and the subsequent issuance of the writ, the other requisites
others to follow. He should be studiously careful to provided by the rules for the grant thereof have been observed,
avoid even the slightest infraction of the law.” hence, grant of writ must be upheld. Present state of law which
allows court to do by indirection what should not be done
RE: SEC. 6 directly should be remedied by amendment of the rule if intent
FREEDOM OF EXPRESSION is to nullify a writ of preliminary injunction belatedly issued.
Dubious orders of judge and other circumstances show that he
 Vistan v. Nicolas (1991) violated Rule 3.01 of Canon 3 of the Code of Judicial Conduct,
F: Vistan filed administrative cases against which calls for a judge to be faithful to the law and maintain
Judge Nicolas for gross ignorance of the law and grave professional competence, and Rule 3.05 which admonishes all
abuse of discretion (Judge acquitted accused in a judges to dispose of the court's business promptly and decide
criminal case despite not having ruled yet on cases within the required periods.
accused’s written offer of evidence), for maintaining
an illicit relationship and for having violated election RE: SEC. 9
laws when he sent out letters showing intent to run CONFIDENTIAL INFORMATION
for Congress prior to date given by COMELEC. The SC
dismissed Vistan from office.  Umale v. Villaluz (1973)
F: Leon Umale filed a robbery case against 16 accused
H: Judge Nicolas also violated Rule 5.10, Canon before the Circuit Criminal Court in Pasig, Rizal presided by
5, of the Code of Judicial Conduct which states: “...to Judge Onofre Villaluz. Judge Villaluz had issued several orders
avoid suspicion of political partisanship, a judge shall regarding the case from Jan. 19 to April 12, 1971 when, on April
not...participate in other partisan political activities.” 15, 1971, he voluntarily inhibited himself without any party
Judge took advantage of his position to boost his moving for it. His reason: before filing of the case, he already
candidacy, demeaned stature of his office and must had personal knowledge of it. Judge Villaluz then directed
be pronounced guilty of gross misconduct. immediate forwarding of records of case to Exec Judge of CFI
Pasig, Rizal for proper disposition. Petitioner Umale opposed
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A Judge’s official conduct should be free from inhibition but his motions for reconsideration, for deferment of
impropriety or any appearance thereof. His personal raffling of case, and for return of case to Circuit Criminal Court
behavior in the performance of official duty, as well were denied. He filed case before SC.
as everyday life, should be beyond reproach. High
ethical principles and a sense of propriety should be The SC held that Judge Villaluz could voluntarily inhibit himself
maintained, without which the faith of the people in without any motion by the parties.
the judiciary so indispensable in an orderly society H: Personal knowledge of the case pending before him is
not one of the causes for the disqualification of a judge under
111
the first paragraph of Sec. 1 of Rule 137 of the support such accusation. The SC found that the respondent
Revised Rules of Court (took effect Jan. 1, 1964). But Judge is guilty of illegal practice of law.
paragraph 2 of said section authorizes the judge, “in
the exercise of his sound discretion, to disqualify H: The Court has reminded judges of the lower courts
himself from sitting in a case, for just or valid reason that a judge whose order is challenged in an appellate court
other than those mentioned” in par. 1. Before 1964, need not file any answer, or take an active part in the
a judge could not just voluntarily inhibit himself from proceedings unless expressly directed by order of the Court. In
a case. But in cases decided in 1961 and 1962, a judge the case at bar, it is undisputed that respondent judge filed a
was allowed to inhibit for fear that an opinion comment on behalf of the respondent Raymundo E. Catral in
expressed by him in a letter as counsel might the case on review with the CA. Respondent judge signed the
influence his decision and for being related to a pleading herself and submitted it to the court notwithstanding
counsel within 4th civil degree. In 1967, a judge was that it was her decision that was the subject of the petition in
allowed to voluntarily disqualify himself on grounds the said court. A judge must maintain a detached attitude from
other than those mentioned in par. 1 of cited section. the case and shall not waste his time by taking an active part in
Pimentel v. Salanga: Judge should make a careful self- a proceeding that relates to official actuations in a case. He is
examination whether to disqualify himself or not in a merely a nominal party and has no personal interest or
case before him. He should exercise his discretion in a personality therein. Further, respondent judge, in signing and
way that people’s faith in the courts of justice is not filing a comment with the court on behalf of one of the parties,
impaired. A salutary norm is that he reflect on the engaged in the private practice of law. The practice of law is not
probability that a losing party might nurture at the limited to the conduct of cases in court or participation in court
back of his mind the thought that the judge had proceedings but includes preparation of pleadings or papers in
unmeritoriously titled the scales of justice against anticipation of litigation. Under Section 35, Rule 138 of the
him. Judge should be commended for heeding SC Revised Rules of Court, and Rule 5.07 of the Code of Judicial
ruling in Geotina v. Gonzales: A judge, sitting on a Conduct, judges are prohibited from engaging in the private
case must at all times be fully free, disinterested, practice of law. This is based on public policy because the
impartial and independent. Elementary due process rights, duties, privileges and functions of the office of an
requires a hearing before an impartial and attorney-at-law are inherently incompatible with the high
disinterested tribunal. A judge has both the duties of official functions, duties, powers, discretion and privileges of a
rendering a just decision and of doing it in a manner judge.
completely free from suspicion as to his fairness and
as to his integrity. Mater, Jr. v. Hon. Onofre Villaluz: RE: SEC. 13
Outside of pecuniary interest, relationship or previous GIFTS, REQUESTS, LOANS
participation in the matter that calls for adjudication,
there may be other causes that could conceivably  Ompoc v. Torre (1989)
erode trait of objectivity, thus calling for inhibition. If F: A sworn letter of complaint was filed by Atty. Ompoc
such causes appear and prove difficult to resist, it is against Judge Torres. According to Atty. Ompoc, Judge Torres
better for judge to disqualify himself. That way, his invited him and his client to the judge’s house while their case
reputation for probity and objectivity is preserved; was being tried in Judge Torres’s sala. The judge gave them a
even more important, ideal of an administration of guide of what evidence to present to be able to win the case. In
justice is lived up to. exchange, Judge Torres asked Atty. Ompoc’s client to install an
air-con unit in the latter’s lite-ace. The Investigating judge
RE: SEC. 11 found the complainant’s stories valid and true. The SC
PRACTICE OF PROFESSION dismissed him from the service.
 Tuzon v. Cloribel (2001) R: Receiving money from a party litigant is the kind of
F: Victor G. Tuzon filed with the CA a petition gross and flaunting misconduct on the part of the judge, who is
for certiorari assailing the order of Judge Loreto charged with the responsibility of administering the law and
Cloribel-Purugganan, which denied Tuzon’s motion to rendering justice. Members of the judiciary should display not
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allow cross-examination of his witness and directed only the highest integrity but must, at all times, conduct
that the case be submitted for resolution. themselves in such manner as to be beyond reproach and
Respondent judge went further and filed the suspicion.
comment for the Raymundo Catral and herself, and
affixed her name and signature on the comment. CANON 5
Tuzon also averred that respondent judge antedated EQUALITY
her decision in the Civil decision and alleged that
complainant failed to present any evidence to
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 Canon 5. Ensuring equality of written consent of all parties in interest, signed by them and
treatment to all before the courts is essential to the entered upon the record. Black’s Law Dictionary defines to “sit”
due performance of the judicial office. in a case means “to hold court; to do any act of judicial nature.
To hold a session, as of a court, grand jury, legislative body, etc.
Sec. 1. Judges shall be aware of, and understand, The prohibition is not limited to cases in which a judge hears
diversity in society and differences arising from the evidence but includes as well cases where he acts by
various sources, including but not limited to race, resolving motions, issuing orders and the like as Judge Rojas has
color, sex, religion, national origin, caste, disability, done in the criminal case.F or almost one and a half years, he
age, marital status, sexual orientation, social and issued various orders resetting the dates of the hearing and of
economic status and other like causes. the reception of additional evidence for the prosecution and for
the defense. Undoubtedly, these acts, he sat and acted on the
Sec. 2. Judges shall not, in the performance of case. The failure of Judge Rojas to observe these elementary
judicial duties, by words or conduct, manifest bias or rules of judicial conduct betrays his interest in the case which
prejudice towards any person or group on irrelevant he allowed to prevail over his sworn duty to administer the law
grounds. impartially without any fear or favor.
Sec. 3. Judges shall carry out judicial duties with RE: SEC. 5
appropriate consideration for all persons, such as the ATTITUDE – PARTIES APPEARING IN COURT
parties, witnesses, lawyers, court staff and judicial
colleagues, without differentiation on any irrelevant  In re Aguas (1901)
ground, immaterial to the proper performance of F: While on witness stand, Atty Aguas’ witness was
such duties. allegedly seized by the Judge after the witness failed to heed
the Judge’s warning he should look at Judge instead of at Atty.
Sec. 4. Judges shall not knowingly permit court staff Aguas while testifying. In view of this, Aguas allegedly protested
or others subject to his or her influence, direction or “with a voice and body trembling.” The Judge held him Atty.
control to differentiate between persons concerned, Aguas in contempt. The SC found that the Judge had acted
in a matter before the judge, on any irrelevant improperly towards Aguas’ witness.
ground.
H: The action of the judge in seizing the witness, Alberto
Sec. 5. Judges shall require lawyers in proceedings Angel, by the shoulder and turning him about was unwarranted
before the court to refrain from manifesting, by and an interference with that freedom from unlawful personal
words or conduct, bias or prejudice based on violence to which every witness is entitled while giving
irrelevant grounds, except such as are legally relevant testimony in a court of justice. Against such conduct the
to an issue in proceedings and may be the subject of appellant had the right to protest and to demand that the
legitimate advocacy. incident be made a matter of record. That he did so was not
contempt, providing protest and demand were respectfully
RE: SEC. 2 made and with due regard for the dignity of the court.
BIAS OR PREJUDICE
CANON 6
 In re Judge Rojas (1998) COMPETENCE AND DILIGENCE
F: This case refers to the inhibition which
Respondent Judge Rojas of the RTC issued, in Crim  Canon. 6. Competence and diligence are
Case entitled People vs. Tauro. Initially, the case was prerequisites to the due performance of judicial office.
tried in the RTC, with Judge Rojas as public
prosecutor. While the case was pending, Rojas was Sec. 1. The judicial duties of a judge take precedence over all
appointed judge. The original counsel for the accused other activities.
did not interpose any objection, so Judge Rojas tried
the case. On April 13, 1998, he decided to inhibit Sec. 2. Judges shall devote their professional activity to
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himself. In his explanation, he said that to avoid legal judicial duties, which include not only the performance of
implications, he has to voluntarily inhibit himself. The judicial functions and responsibilities in court and the making of
Court found that it was impropert for Judge Rojas to decisions, but also other tasks relevant to the judicial office or
have heard the criminal case at all. the court's operations.
H: No. Rule 137 § 1 of the Rules of Court Sec. 3. Judges shall take reasonable steps to maintain and
expressly states that no judge shall sit in any case enhance their knowledge, skills and personal qualities
which he has been counsel (for a party) without the necessary for the proper performance of judicial duties, taking
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advantage for this purpose of the training and other and awareness to obey the law ..." How can the respondent
facilities which should be made available, under judge expect others to respect the law when he himself cannot
judicial control, to judges. obey orders as simple as the show cause resolution? Moreover,
it is not enough that the complaining litigant was eventually
Sec. 4. Judges shall keep themselves informed appeased by the turn of circumstances. What is more
about relevant developments of international law, important is whether or not in the course of the judicial
including international conventions and other process, judicial norms have been maintained. It is with this end
instruments establishing human rights norms. in view that we stress diligence and efficiency attendant to the
discharge of a judge's function in the present Code of Judicial
Sec. 5. Judges shall perform all judicial duties, Conduct. Canon 3, Rule 3.08, of the said Code provides that: A
including the delivery of reserved decisions, judge should diligently discharge administrative responsibilities,
efficiently, fairly and with reasonable promptness. maintain professional competence in court management and
facilitate the performance of the administrative functions of
Sec. 6. Judges shall maintain order and decorum in other judges and court personnel. In the instant case,
all proceedings before the court and be patient, respondent judge even impeded the speedy disposition of
dignified and courteous in relation to litigants, cases by his successor on account of missing records of cases.
witnesses, lawyers and others with whom the judge This fact reflects an inefficient and disorderly system in the
deals in an official capacity. Judges shall require recording of cases assigned to his sala. Proper and efficient
similar conduct of legal representatives, court staff court management is as much the judge's responsibility for the
and others subject to their influence, direction or Court personnel are not the guardians of a Judge's
control. responsibilities. With respect to the inventoried 4 criminal
cases without prisoners and four 4 civil cases missing, we find
Sec. 7. Judges shall not engage in conduct no justification for the failure to present them to the Deputy
incompatible with the diligent discharge of judicial Court Administrator when required and their absence from the
duties. place where court records are stored. A judge is expected to
ensure that the records of cases assigned to his sala are intact.
RE: SEC. 2 There is no justification for missing records save fortuitous
ADMINISTRATIVE DUTIES events. The loss of not one but eight records is indicative of
gross misconduct and inexcusable negligence unbecoming of a
 Longboan v. Polig (1990) judge. For true professionalism in the bench to exist, judges
F: A letter-complaint was addressed to the whose acts demoralize the ethical standards of a judicial office
Court Administrator charging Judge Polig with gross and whose acts demonstrate unfitness and unworthiness of the
negligence of duty or abuse of authority for his failure prestige and prerequisites attached to said office must be
to apprise complainant of the status of Civil Case No. weeded out. Lastly, the report on the physical inventory of the
641 despite the former's registered letters requesting records of the cases in RTC, Branch 14, Lagawe, Ifugao, which
the status. Meanwhile, Longbuan had sent five was respondent judge's last assignment before his suspension
registered letters inquiring about the status of Civil revealed that a total of 35 cases submitted for decision have
Case No. 641. Due to respondent Judge's failure to remained unresolved beyond the 90-day reglementary period.
make any reply as requested, the Office of the Court We have consistently held that failure to decide a case within
Administrator sent respondent judge three tracers in the required period is not excusable and constitutes gross
relation to the records of Civil Case No. 641. Still, the inefficiency.
respondent judge made no reply. The SC found the
respondent judge guilty of gross negligence of duty RE: SEC. 3
and dismissed him from the service. MAINTAIN PROFESSIONAL COMPETENCE
H: Respondent judge's continued silence as to  In re Judge Baltazar Dizon (1989)

the status of Civil Case No. 641 despite repeated F: This is a motion for reconsideration filed by
written queries from one of the parties, his failure to respondent Judge Dizon praying that the resolution, finding him
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reply to the tracers of the Office of the Court guilty of rendering an erroneous decision, be reconsidered.
Administrator, and his willful disobedience and Dizon ruled that the state must first prove criminal intent to
disregard to our show-cause resolutions constituted find the accused, Lo Chi Fai, guilty of a violation of a Central
grave and serious misconduct affecting his fitness and Bank Circular. He also ordered the return of the seized foreign
the worthiness of the honor and integrity attached to currency from the accused. This Court pointed out that in
his office. Once again, we hold with great emphasis offenses punished by special laws, proof of malice or deliberate
that: ...The Judge is the visible representation of the intent is not necessary. Respondent manifestly disregarded and
law of justice. From him, the people draw their will failed to apply this plain and fundamental basic principle.
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Respondent admits that his decision is erroneous but study of the law and court decisions. The records fail to show
pleads that his mistaken judgment proceeded from malice, ill-will or even bias on part of the respondent judge. A
good faith and not from deliberate desire to pervert judicial officer cannot be called to account in a civil action for
his position. The fact that the penalty prescribed by acts done by him in the exercise of his judicial function,
the circular was taken from the RPC led him to believe however erroneous.
that malice was an essential element Respondent also
stated that the overloaded dockets of Metro Manila RE: SEC. 5
trial judges caused unceasing strain. PROMPT DECISION MAKING
H: In a court resolution, the SC stated that no  Aquino v. Lontok (1990)

judge can be held to account for an erroneous supra at Canon 3, Sec. 8
decision rendered by him in good faith. However, his
act remains unjustified. While the court does not
require perfection and infallibility, it reasonably ANNEXED CODES OF
ETHICS
expects a faithful and intelligent discharge of duty by
those who are selected to fill the positions of CODE OF PROFESSIONAL
administrators of justice. Respondent judge has RESPONSIBILITY
sincerely evinced a humble repentance and prays for (June 21, 1988)
a reconsideration of the resolution. Thus, we feel that
he has been sufficiently punished for his CHAPTER I
THE LAWYER AND SOCIETY
administrative infraction.
CANON 1
 Abad v. Bleza (1986)
F: The administrative case arose out of a case A lawyer shall uphold the constitution, obey the laws of the land and promote
respect for law and legal processes.
that Bleza decided, where complainant Col. Gregorio
Abad and a certain Potenciano Ponce were Rule 1.01. A lawyer shall not engage in unlawful, dishonest, immoral or
petitioners and defendants in a criminal case. Based deceitful conduct
on testimonies and evidence, Judge Bleza acquitted
Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of the
Ponce for attempted homicide, and charged Sabater law or at lessening confidence in the legal system.
guilty of Frustrated Homicide. According to the
investigation of the IAC, they found that Bleza has not Rule 1.03. A lawyer shall not, for any corrupt motive or interest, encourage any
committed any wrongdoing to evoke disciplinary suit or proceeding or delay any man’s cause.
action. The acquittal was based on insufficiency of Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a
evidence. The SC held that Judge Bleza was not controversy if it will admit of a fair settlement.
incompetent in deciding the cases before him.
CANON 2
H: Judge Bleza appreciated as mitigating A lawyer shall make his legal services available in an efficient and convenient
circumstance the lack of intent to kill in favor of manner compatible with the independence, integrity and effectiveness of the
Sabater is palpably out of place. Presumably, what profession.
respondent had in mid was to consider the mitigating
Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the
circumstance of lack of intention to commit so grave a defenseless or the oppressed.
wrong as that committed under Art. 13 of the
RPC…this is different from lack of intent to kill. As a Rule 2.02. In such cases, even if the lawyer doe not accept a case, he shall not
matter of public policy, in the absence of fraud, refuse to render legal advice to the person concerned if only to the extent
necessary to safeguard the latter’s rights.
dishonesty, or corruption, the acts of a judge in his
judicial capacity are not subject to disciplinary action, Rule 2.03. A lawyer shall not do or permit to be done any act designed primarily
even though such acts are erroneous. Yet it is highly to solicit legal business.
imperative that they should be controverted with
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Rule 2.04. A lawyer shall not charge rates lower than those customarily
basic legal principles. They are called upon to exhibit prescribed unless the circumstances so warrant.
more than just a cursory acquaintance with statutes
and to keep themselves abreast of the latest laws, CANON 3
rulings, jurisprudence affecting their jurisdiction. Even
A lawyer in making known his legal services shall use only true, honest, fair,
in the remaining years of his stay in the judiciary, he dignifies and objective information or statement of facts.
should keep abreast with the changes in the law and
with the latest decisions and precedents. Although a
judge is nearing retirement, he should not relax in his
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Rule 3.01. A lawyer shall not use or permit the use of any false, or private life, behave in a scandalous manner to the discredit of the legal
fraudulent, misleading, deceptive, undignified, self-laudatory or profession.
unfair statement of claim regarding his qualifications of legal
services. CANON 8
A lawyer shall conduct himself with courtesy, fairness and candor toward his
Rule 3.02. In the choice of a firm name, no false, misleading or professional colleagues, and shall avoid harassing tactics against opposing
assumed name shall be used. The continued use of the name of a counsel.
deceased partner is permissible provided that the firm indicates in
all its communications that said partner is deceased. Rule 8.01. A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper.
Rule 3.03. Where a partner accepts public office, he shall withdraw
from the firm and his name shall be dropped from the firm name Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the
unless the law allows him to practice law concurrently. professional employment of another lawyer; however, it is the right of any
lawyer, without fear or favor, to give proper advise and assistance to those
Rule 3.04. A lawyer shall not pay or give anything of value to seeking relief against unfaithful or neglectful counsel.
representatives of the mass media in anticipation of, or in return
for, publicity to attract legal business. CANON 9
CANON 4 A lawyer shall not, directly or indirectly, assist in the unauthorized practice of
law.
A lawyer shall participate in the development of the legal system by
initiating or supporting efforts in law reform and in the Rule 9.01. A lawyer shall not delegate to any unqualified person the
improvement of the administration of justice. performance of any task which by law may only be performed by a member of
the bar in good standing.
CANON 5
Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services
A lawyer shall keep abreast of legal developments, participate in with persons not licensed to practice law, except:
continuing legal education programs, support efforts to achieve a) Where there is a pre-existing agreement with a partner or associate that,
high standards in law schools as well as in the practical training of upon the latter’s death, money shall be paid over a reasonable period of
law students and assist in disseminating information regarding the time to his estate or to the persons specified in the agreement; or
law and jurisprudence. b) Where a lawyer undertakes to complete unfinished legal business of a
CANON 6 deceased lawyer; or
c) Where a lawyer or law firm includes non-lawyer employees in a
These canons shall apply to lawyers in government service in the retirement plan, even if the plan is based in whole or in part, on a profit-
discharge of their official tasks. sharing agreement.
Rule 6.01. The primary duty of a lawyer engaged in public
CANON 10
prosecution is not to convict but to see that justice is done. The
suppression of facts or the concealment of witnesses capable of
A lawyer owes candor, fairness and good faith to the court
establishing the innocence of the accused is highly reprehensible
and is cause of disciplinary action.
Rule 10.01. A lawyer shall not do any falsehood, nor consent to the doing of any
Rule 6.02. A lawyer in the government service shall not use his in court; nor shall he mislead, or allow the Court to be mislead by any artifice.
public position to promote or advance his private interests, nor
allow the latter to interfere with his public duties. Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents
of a paper, the language or the argument of opposing counsel, of the text of a
Rule 6.03. A lawyer shall not, after leaving government service, decision or authority, or knowingly cite as law a provision already rendered
accept engagement or employment in connection with any matter inoperative by repeal or amendment, or assert as a fact that which has not
in which he had intervened in said service. been proved.
CHAPTER II Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse
THE LAWYER AND THE LEGAL PROFESSION them to defeat the ends of justice.
CANON 7 CANON 11
A lawyer shall at all times uphold the integrity and dignity of the A lawyer shall observe and maintain the respect due to the courts and to
legal profession and support the activities of the integrated bar. judicial officers and should insist on similar conduce by others.
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Rule 7.01. A lawyer shall be answerable for knowingly making a Rule 11.01. A lawyer shall appear in court property attired.
false statement or suppressing a material fact, in connection with
his application for admission to the bar. Rule 11.02. A lawyer shall punctually appear at court hearings.
Rule 7.02. A lawyer shall not support the application for admission Rule 11.03. A lawyer shall abstain from scandalous offensive or menacing
to the bar of any person known by him to be unqualified in respect language or behavior before the Courts.
to character, education, or other relevant attribute.
Rule 11.04. A lawyer shall not attribute to a Judge motives not supported by the
Rule 7.03. A lawyer shall not engage in conduct that adversely record or have no materiality to the case.
reflects on his fitness to practice law nor shall he, whether in public
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Rule 11.05. A lawyer shall submit grievances against a Judge to the Rule 14.01. A lawyer shall not decline to represent a person solely on account
proper authorities only. of the latter’s race, sex, creed or status of life, or because of his own opinion
regarding the guilt of said person
CANON 12
Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause,
A lawyer shall exert every effort and consider it his duty to assist in an appointment as counsel de oficio or as amicus curiae, or a request from the
the speedy and efficient administration of justice. IBP 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

Rule 12.01. A lawyer shall not appear for trial unless he has unless:
adequately prepared himself on the law and the facts of his case, a) he is in no position to carry out the work effectively or competently
the evidence he well adduce and the order of its profference. He b) he labours under a conflict of interest between him and the prospective
should also be ready with the original documents for comparison client or between a present client and the prospective client
with the copies.
Rule 14.04. A lawyer who accepts the cause of a person unable to pay his
Rule 12.02. A lawyer shall not file multiple actions arising from the professional fees shall observe the same standard of conduct governing his
same cause. relations with paying clients.
Rule 12.03. A lawyer shall not, after obtaining extensions of time to CANON 15
file pleadings, memoranda or briefs, let the period lapse without
submitting the same or offering an explanation for his failure to do A lawyer shall observe candor, fairness and loyalty in all his dealings and
so. transactions with his clients.
Rule 12.04. A lawyer shall not unduly delay a case, impede the
execution of a judgement or misuse Court processes. 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
Rule 12.05. A lawyer shall refrain from talking to this witness during client or his own interest, and if so, shall forthwith inform the prospective
a break or recess in the trial, while the witness is still under client.
examination.
Rule 15.02. A lawyer shall be bound by the rule on privilege communication in
Rule 12.06. A lawyer shall not knowingly assist a witness to respect of matters disclosed to him by a prospective client.
misrepresent himself or to impersonate another.
Rule 15.03. A lawyer shall not represent conflicting interests except by written
Rule 12.07. A lawyer shall not abuse, browbeat or harass a witness consent of all concerned given after a full disclosure of the facts.
nor needlessly inconvenience him.
Rule 15.04. A lawyer may, with the written consent of all concerned, act as a
Rule 12.08. A lawyer shall avoid testifying in behalf of his client, mediator, conciliator or arbitrator in settling disputes.
except:
a) on formal matters, such as the mailing, authentication or Rule 15.05. A lawyer, when advising his client shall give a candid and honest
custody of an instrument, and the like; or opinion on the merits and probable results of the client’s case, neither
b) on substantial matters, in cases where his testimony is overstating nor understating the prospects of the case.
essential to the ends of justice, in which event he must,
during his testimony, entrust the trial of the case to another Rule 15.06. A lawyer shall not state or imply that he is able to influence any
counsel. public official, tribunal or legislative body.
CANON 13 Rule 15.07. A lawyer shall impress upon his client compliance with the laws and
the principles of fairness.
A lawyer shall rely upon the merits of his cause and refrain from
any impropriety which tends to influence, or gives the appearance Rule 15.08. A lawyer who is engaged in another profession or occupation
of influencing the court. concurrently with the practice of law shall make clear to his client whether he is
acting as a lawyer or in another capacity.
Rule 13.01. A lawyer shall not extend extraordinary attention or CANON 16
hospitality to, nor seek opportunity for, cultivating familiarity with
Judges. A lawyer shall hold in trust all moneys and properties of his client that may
come to his possession.
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 16.01. A lawyer shall account for all money or property collected or
received for or from the client.
Rule 13.03. A lawyer shall not brook or invite interference by
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another branch or agency of the government in the normal course Rule 16.02. A lawyer shall keep the funds of each client separate and apart from
of judicial proceedings. his own and those of others kept by him.
CHAPTER IV Rule 16.03. A lawyer shall deliver the funds and property of his client when due
THE LAWYER AND THE CLIENT 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
CANON 14 disbursements, giving notice promptly thereafter to his client. He shall also
have a lien to the same extent on all judgements and executions he has secured
A lawyer shall not refuse his services to the needy. for his client as provided in the RoC.
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Rule 16.04. A lawyer shall not borrow money from his client unless i) The character of the employment, whether occasional or established; and
the client’s interests are fully protected by the nature of the case or j) The professional standing of the lawyer.
by independent advice. Neither shall a lawyer lend money to a
client except, when in the interest of justice, he has to advance Rule 20.02. A lawyer shall, in case of referral, with the consent of the client, be
necessary expenses in a legal matter he is handling for the client. entitled to a division of fees in proportion to the work performed and
responsibility assumed.
CANON 17
Rule 20.03. A lawyer shall not, without the full knowledge and consent of the
A lawyer owes fidelity to the cause of his client and he shall be client, accept any fee, reward, costs, commission, interest, rebate or forwarding
mindful of the trust and confidence reposed in him. allowance or other compensation whatsoever related to his professional
employment from anyone other than the client.
CANON 18
Rule 20.04. A lawyer shall avoid controversies with clients concerning his
A lawyer shall serve his client with competence and diligence. compensation and shall resort to judicial action only to prevent imposition,
injustice or fraud.
Rule 18.01. A lawyer shall not undertake a legal service which he
knows or should know that he is not qualified to render. However, CANON 21
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 A lawyer shall preserve the confidence and secrets of his client even after the
matter. attorney-client relation is terminated.
Rule 18.02. A lawyer shall not handle any legal matter without Rule 21.01. A lawyer shall not reveal the confidences or secrets of his client
adequate preparation. except;
a) When authorized by the client after acquainting him of the consequences
Rule 18.03. A lawyer shall not neglect a legal matter entrusted to of the disclosure;
him, and his negligence in connection therewith shall render him b) When required by law;
liable. c) When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action.
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 Rule 21.02. A lawyer shall not, to the disadvantage of his client, use information
request for 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
CANON 19 circumstances consents thereto.
A lawyer shall keep represent his client with zeal within the bounds Rule 21.03. A lawyer shall not, without the written consent of his client, give
of the law. information from his files to an outside agency seeking such information for
auditing, statistical, bookkeeping, accounting, data processing, or any similar
Rule 19.01. A lawyer shall employ only fair and honest means to purpose.
attain the lawful objectives of his client and shall not present,
participate in presenting or threaten to present unfounded criminal Rule 21.04. A lawyer may disclose the affairs of a client of the firm to partners
charges to obtain an improper advantage in any case or or associates thereof unless prohibited by the client.
proceeding.
Rule 21.05. A lawyer shall adopt such measures as may be required to prevent
Rule 19.02. A lawyer who has received information that his client those whose services are utilized by him, from disclosing or using confidences
has, in the course of the representation, perpetrated a fraud upon or secrets of the clients.
a person or tribunal, shall promptly call upon the client to rectify
the same, and failing which he shall terminate the relationship with Rule 21.06. A lawyer shall avoid indiscreet conversation about a client's affairs
such client in accordance with the Rules of Court. even with members of his family.
Rule 19.03. A lawyer shall not allow his client to dictate the Rule 21.07. A lawyer shall not reveal that he has been consulted about a
procedure in handling the case. particular case except to avoid possible conflict of interest.
CANON 20 CANON 22
A lawyer shall charge only fair and reasonable fees. A lawyer shall withdraw his services only for a good cause and upon notice
appropriate in the circumstances.
Rule 20.01. A lawyer shall be guided by the following factors in
determining his fees. Rule 22.01. A lawyer may withdraw his services in any of the following case:
a) The time spent and the extent of the service rendered or a) When the client pursues an illegal or immoral course of conduct in
required; connection with the matter he is handling;
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b) The novelty and difficulty of the questions involved; b) When the client insists that the lawyer pursue conduct violative of these
c) The importance of the subject matter; canons and rules;
d) The skill demanded; c) When his inability to work with co-counsel will not promote the best
e) The probability of losing other employment as a result of interest of the client;
acceptance of the proffered case; d) When the mental or physical condition of the lawyer renders it difficult for
f) The customary charges for similar services and the schedule him to carry out the employment effectively;
of fees of the IBP chapter to which he belongs; e) When the client deliberately fails to pay the fees for the services or fails to
g) The amount involved in the controversy and the benefits comply with the retainer agreement;
resulting to the client from the service; f) When the lawyer is elected or appointed to public office; and
h) The contingency or certainty of compensation; g) Other similar cases.
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office shall not be used or lent to advance the private interests of others, nor
Rule 22.02. A lawyer who withdraws or is discharged shall, subject convey or permit others to convey the impression that they are in a special
to a retainer lien, immediately turn over all papers and property to position to influence the judge.
which the client is entitled, and shall cooperative with his successor
in the orderly transfer of the matter, including all information Sec. 5. Judges shall not only be free from inappropriate connections with, and
necessary for the proper handling of the matter. influence by, the executive and legislative branches of government, but must
also appear to be free therefrom to a reasonable observer. .
A.M. No. 03-05-01-SC Sec. 6. Judges shall be independent in relation to society in general and in
ADOPTING THE NEW CODE OF relation to the particular parties to a dispute which he or she has to adjudicate.
JUDICIAL CONDUCT FOR THE PHIL. JUDICIARY
(June 1, 2004) Sec. 7. Judges shall encourage and uphold safeguards for the discharge of
judicial duties in order to maintain and enhance the institutional and
WHEREAS, at the Round Table Meeting of Chief Justices held at the operational independence of the judiciary.
Peace Palace, The Hague, on 25-26 November 2002, at which the
Philippine Supreme Court was represented by the Chief Justice and Sec. 8. Judges shall exhibit and promote high standards of judicial conduct in
Associate Justice Reynato S. Puno, the Bangalore Draft of the Code order to reinforce public confidence in the judiciary which is fundamental to the
of Judicial Conduct adopted by the Judicial Group on Strengthening maintenance of judicial independence.
Judicial Integrity was deliberated upon and approved after
incorporating therein several amendments; CANON 2
INTEGRITY
WHEREAS, the Bangalore Draft, as amended, is intended to be the
Universal Declaration of Judicial Standards applicable in all Integrity is essential not only to the proper discharge of the judicial office but
judiciaries; also to the personal demeanor of judges.
WHEREAS, the Bangalore Draft is founded upon a universal Sec. 1. Judges shall ensure that not only is their conduct above reproach, but
recognition that a competent, independent and impartial judiciary that it is perceived to be so in the view of a reasonable observer.
is essential if the courts are to fulfill their role in upholding
constitutionalism and the rule of law; that public confidence in the Sec. 2. The behavior and conduct of judges must reaffirm the people's faith in
judicial system and in the moral authority and integrity of the the integrity of the judiciary. Justice must not merely be done but must also be
judiciary is of utmost importance in a modern democratic society; seen to be done.
and that it is essential that judges, individually and collectively,
respect and honor judicial office as a public trust and strive to Sec. 3. Judges should take or initiate appropriate disciplinary measures against
enhance and maintain confidence in the judicial system; lawyers or court personnel for unprofessional conduct of which the judge may
have become aware.
WHEREAS, the adoption of the universal declaration of standards
for ethical conduct of judges embodied in the Bangalore Draft as CANON 3
revised at the Round Table Conference of Chief Justices at The IMPARTIALITY
Hague is imperative not only to update and correlate the Code of
Judicial Conduct and the Canons of Judicial Ethics adopted for the Impartiality is essential to the proper discharge of the judicial office. It applies
Philippines, but also to stress the Philippines' solidarity with the not only to the decision itself but also to the process by which the decision is
universal clamor for a universal code of judicial ethics. made.
Now, THEREFORE, the Court hereby adopts this New Code of Sec. 1. Judges shall perform their judicial duties without favor, bias or prejudice.
Judicial Conduct for the Philippine Judiciary:
Sec. 2. Judges shall ensure that his or her conduct, both in and out of court,
CANON 1 maintains and enhances the confidence of the public, the legal profession and
INDEPENDENCE litigants in the impartiality of the judge and of the judiciary.
Judicial independence is a pre-requisite to the rule of law and a Sec. 3. Judges shall, so far as is reasonable, so conduct themselves as to
fundamental guarantee of a fair trial. A judge shall therefore minimize the occasions on which it will be necessary for them to be disqualified
uphold and exemplify judicial independence in both its individual from hearing or deciding cases.
and institutional aspects.
Sec. 4. Judges shall not knowingly, while a proceeding is before, or could come
Sec. 1. Judges shall exercise the judicial function independently on before, them make any comment that might reasonably be expected to affect
the basis of their assessment of the facts and in accordance with a the outcome of such proceeding or impair the manifest fairness of the process.
conscientious understanding of the law, free of any extraneous Nor shall judges make any comment in public or otherwise that might affect the
influence, inducement, pressure, threat or interference, direct or fair trial of any person or issue.
indirect, from any quarter or for any reason.
Sec. 5. Judges shall disqualify themselves from participating in any proceedings
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Sec. 2. In performing judicial duties, Judges shall be independent in which they are unable to decide the matter impartially or in which it may
from judicial colleagues in respect of decisions which the judge is appear to a reasonable observer that they are unable to decide the matter
obliged to make independently. impartially. Such proceedings include, but are not limited to, instances where
(h) The judge has actual bias or prejudice concerning a party or personal
Sec. 3. Judges shall refrain from influencing in any manner the knowledge of disputed evidentiary facts concerning the proceedings;
outcome of litigation or dispute pending before another court or (i) The judge previously served as a lawyer or was a material witness in
administrative agency. the matter in controversy;
(j) The judge, or a member of his or her family, has an economic
Sec. 4. Judges shall not allow family, social, or other relationships to interest in the outcome of the matter in controversy;
influence judicial conduct or judgment. The prestige of judicial
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(k) The judge served as executor, administrator, guardian, Sec. 9. Confidential information acquired by judges in their judicial capacity shall
trustee or lawyer in the case or matter in controversy, or a former not be used or disclosed by for any other purpose related to their judicial
associate of the judge served as counsel during their association, or duties.
the judge or lawyer was a material witness therein;
(l) The judge's ruling in a lower court is the subject of Sec. 10. Subject to the proper performance of judicial duties, judges may
review; (d) Write, lecture, teach and participate in activities concerning the law, the
(m) The judge is related by consanguinity or affinity to a legal system, the administration of justice or related matters;
party litigant within the sixth civil degree or to counsel within the (e) Appear at a public hearing before an official body concerned with matters
fourth civil degree; or relating to the law, the legal system, the administration of justice or related
(n) The judge knows that his or her spouse or child has a matters;
financial interest, as heir, legatee, creditor, fiduciary, or otherwise, (f) Engage in other activities if such activities do not detract from the dignity
in the subject matter in controversy or in a party to the proceeding, of the judicial office or otherwise interfere with the performance of judicial
or any other interest that could be substantially affected by the duties.
outcome of the proceedings;
Sec. 11. Judges shall not practice law whilst the holder of judicial office.
Sec. 6. A judge disqualified as stated above may, instead of
withdrawing from the proceeding, disclose on the records the basis Sec. 12. Judges may form or join associations of judges or participate in other
of disqualification. If, based on such disclosure, the parties and organizations representing the interests of judges.
lawyers independently of the judge's participation, all agree in
writing that the reason for the inhibition is immaterial or Sec. 13. Judges and members of their families shall neither ask for, nor accept,
unsubstantial, the judge may then participate in the proceeding. any gift, bequest, loan or favor in relation to anything done or to be done or
The agreement, signed by all parties and lawyers, shall be omitted to be done by him or her in connection with the performance of
incorporated in the record of the proceedings. judicial duties.
CANON 4 Sec. 14. Judges shall not knowingly permit court staff or others subject to their
PROPRIETY 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
Propriety and the appearance of propriety are essential to the connection with their duties or functions.
performance of all the activities of a. judge.
Sec. 15. Subject to law and to any legal requirements of public disclosure, judges
Sec. 1. Judges shall avoid impropriety and the appearance of may receive a token gift, award or benefit as appropriate to the occasion on
impropriety in all of their activities. which it is made provided that such gift, award or benefit might not reasonably
be perceived as intended to influence the judge in the performance of judicial
Sec. 2. As a subject of constant public scrutiny, judges must accept duties or otherwise give rise to an appearance of partiality.
personal restrictions that might be viewed as burdensome by the
ordinary citizen and should do so freely and willingly. In particular, CANON 5
judges shall conduct themselves in a way that is consistent with the EQUALITY
dignity of the judicial office.
Ensuring equality of treatment to all before the courts is essential to the due
Sec. 3. Judges shall, in their personal relations with individual performance of the judicial office.
members of the legal profession who practice regularly in their
court, avoid situations which might reasonably give rise to the Sec. 1. Judges shall be aware of, and understand, diversity in society and
suspicion or appearance of favoritism or partiality. differences arising from various sources, including but not limited to race, color,
sex, religion, national origin, caste, disability, age, marital status, sexual
Sec. 4. Judges shall not participate in the determination of a case in orientation, social and economic status and other like causes.
which any member of their family represents a litigant or is
associated in any manner with the case. 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
Sec. 5. Judges shall not allow the use of their residence by a grounds.
member of the legal profession to receive clients of the latter or of
other members of the legal profession. Sec. 3. Judges shall carry out judicial duties with appropriate consideration for
all persons, such as the parties, witnesses, lawyers, court staff and judicial
Sec. 6. Judges, like any other citizen, are entitled to freedom of colleagues, without differentiation on any irrelevant ground, immaterial to the
expression, belief, association and assembly, but in exercising such proper performance of such duties.
rights, they shall always conduct themselves in such a manner as to
preserve the dignity of the judicial office and the impartiality and Sec. 4. Judges shall not knowingly permit court staff or others subject to his or
independence of the judiciary. her influence, direction or control to differentiate between persons concerned,
in a matter before the judge, on any irrelevant ground.
Sec. 7. Judges shall inform themselves about their personal
fiduciary financial interests and shall make reasonable efforts to be Sec. 5. Judges shall require lawyers in proceedings before the court to refrain
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informed about the financial interests of members of their family. 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
Sec. 8. Judges shall not use or lend the prestige of the judicial office be the subject of legitimate advocacy.
to advance their private interests, or those of a member of their
family or of anyone else, nor shall they convey or permit others to CANON 6
convey the impression that anyone is in a special position COMPETENCE AND DILIGENCE
improperly to influence them in the performance of judicial duties.
Competence and diligence are prerequisites to the due performance of judicial
office.
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Sec. 1. The judicial duties of a judge take precedence over all other
activities.
Sec. 2. Judges shall devote their professional activity to judicial [As amended by SC Resolutions dated May 20, 1968 and February 13, 1992.]
duties, which include not only the performance of judicial functions
and responsibilities in court and the making of decisions, but also Sec 1. Who may practice law.—Any person heretofore duly admitted as a
other tasks relevant to the judicial office or the court's operations. member of the bar, or hereafter admitted as such in accordance with the
provisions of this rule, and who is in good and regular standing, is entitled to
Sec. 3. Judges shall take reasonable steps to maintain and enhance practice law.
their knowledge, skills and personal qualities necessary for the
proper performance of judicial duties, taking advantage for this Sec. 2. Requirements for all applicants for admission to the bar.—Every
purpose of the training and other facilities which should be made applicant for admission as a member of the bar must be a citizen of the
available, under judicial control, to judges. Philippines, at least twenty-one years of age, of good moral character, and a
resident of the Philippines; and must produce before the Supreme Court
Sec. 4. Judges shall keep themselves informed about relevant satisfactory evidence of good moral character, and that no charges against him,
developments of international law, including international involving moral turpitude, have been filed or are pending in any court in the
conventions and other instruments establishing human rights Philippines.
norms.
Sec. 3. Requirements for lawyers who are citizens of the United States of
Sec. 5. Judges shall perform all judicial duties, including the delivery America.—Citizens of the USA who, before July 4, 1946, were duly licensed
of reserved decisions, efficiently, fairly and with reasonable members of the Philippine Bar, in active practice in the courts of the Philippines
promptness. and in good and regular standing as such may, upon satisfactory proof of those
facts before the Supreme Court, be allowed to continue such practice after
Sec. 6. Judges shall maintain order and decorum in all proceedings taking the following oath of office: "I, _________________________, having
before the court and be patient, dignified and courteous in relation been permitted to continue in the practice of law in the Philippines, do solemnly
to litigants, witnesses, lawyers and others with whom the judge swear that I recognize the supreme authority of the Republic of the Philippines; I
deals in an official capacity. Judges shall require similar conduct of will support its Constitution and obey the laws as well as the legal orders of the
legal representatives, court staff and others subject to their duly constituted authorities therein; I will do no falsehood, nor consent to the
influence, direction or control. doing of any in court; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, nor give aid nor consent to the same; I will
Sec. 7. Judges shall not engage in conduct incompatible with the delay no man for money or malice, and will conduct myself as a lawyer
diligent discharge of judicial duties. according to the best of my knowledge and discretion with all good fidelity as
well to the courts as to my clients; and I impose upon myself this voluntary
DEFINITIONS obligation without any mental reservation or purpose of evasion. So help me
God."
In this Code, unless the context otherwise permits or requires, the
following meanings shall be attributed to the words used: Sec. 4. Requirements for applicants from other jurisdictions.—Applicants for
admission who, being Filipino citizens, are enrolled attorneys in good standing
"Court staff" includes the personal staff of the judge including law in the Supreme Court of the United States or in any circuit court of appeals or
clerks. district court therein, or in the highest court of any State or Territory of the
United States, and who can show by satisfactory certificates that they have
"Judge" means any person exercising judicial power, however practiced at least five years in any of said courts, that such practice began
designated. before July 4, 1946, and that they have never been suspended or disbarred,
may, in the discretion of the Court, be admitted without examination.
"Judge's family" includes a judge's spouse, son, daughter, son-in-
law, daughter-in-law, and any other relative by consanguinity or Sec. 5. Additional requirements for other applicants.—All applicants for
affinity within the sixth civil degree, or person who is a companion admission other than those referred to in the two preceding sections shall,
or employee of the judge and who lives in the judge's household. before being admitted to the examination, satisfactorily show that they have
regularly studied law for four years, and successfully completed all prescribed
This Code, which shall hereafter be referred to as the New Code of courses, in a law school or university, officially approved and recognized by the
Judicial Conduct for the Philippine Judiciary, supersedes the Canons Secretary of Education. The affidavit of the candidate, accompanied by a
of Judicial Ethics and the Code of Judicial Conduct heretofore certificate from the university or school of law, shall be filed as evidence of such
applied in the Philippines to the extent that the provisions or facts, and further evidence may be required by the court.
concepts therein are embodied in this Code: Provided, however, No applicant shall be admitted to the bar examinations unless he has
that in case of deficiency or absence of specific provisions in this satisfactorily completed the following courses in a law school or university duly
New Code, the Canons of Judicial Ethics and the Code of Judicial recognized by the government: civil law, commercial law, remedial law, criminal
Conduct shall be applicable in a suppletory character. law, public and private international law, political law, labor and social
legislation, medical jurisprudence, taxation and legal ethics.
This New Code of Judicial Conduct for the Philippine Judiciary shall
take effect on the first day of June 2004, following its publication Sec. 6. Pre-Law.—No applicant for admission to the bar examination shall be
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not later than 15 May 2004 in two newspapers of large circulation admitted unless he presents a certificate that he has satisfied the Secretary of
in the Philippines to ensure its widest publicity. Education that, before he began the study of law, he had pursued and
satisfactorily completed in an authorized and recognized university or college,
Promulgated this 27th day of April 2004. requiring for admission thereto the completion of a four-year high school
course, the course of study prescribed therein for a bachelor's degree in arts or
ANNEXED RULES OF COURT sciences with any of the following subjects as major or field of concentration:
political science, logic, english, spanish, history and economics.
RULE 138 Sec. 7. Time for filing proof of qualifications.—All applicants for admission shall
ATTORNEYS AND ADMISSION TO BAR file with the clerk of the Supreme Court the evidence required by section 2 of
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this rule at least 15 days before the beginning of the examination. If
not embraced within sections 3 and 4 of this rule they shall also file Sec. 14. Passing average.—In order that a candidate may be deemed to have
within the same period the affidavit and certificate required by passed his examinations successfully, he must have obtained a general average
section 5, and if embraced within sections 3 and 4 they shall exhibit of 75 % in all subjects, without falling below 50 % in any subject. In determining
a license evidencing the fact of their admission to practice, the average, the subjects in the examination shall be given the following
satisfactory evidence that the same has not been revoked, and relative weights: Civil Law, 15 %; Labor and Social Legislation, 10 %; Mercantile
certificates as to their professional standing. Applicants shall also Law, 15 %; Criminal Law; 10 %; Political and International Law, 15 %; Taxation,
file at the same time their own affidavits as to their age, residence, 10 %; Remedial Law, 20 %; Legal Ethics and Practical Exercises, 5 %.
and citizenship.
Sec. 15. Report of the committee; filing of examination papers.—Not later than
Sec. 8. Notice of applications.—Notice of applications for admission February 15th after the examination, or as soon thereafter as may be
shall be published by the clerk of the Supreme Court in newspapers practicable, the committee shall file its reports on the result of such
published in Pilipino, English and Spanish, for at least 10 days examination. The examination papers and notes of the committee shall be fixed
before the beginning of the examination. with the clerk and may there be examined by the parties in interest, after the
court has approved the report.
Sec. 9. Examination; subjects.—Applicants, not otherwise provided
for in sections 3 and 4 of this rule, shall be subjected to Sec. 16. Failing candidates to take review course.—Candidates who have failed
examinations in the following subjects: Civil Law; Labor and Social the bar examinations for three times shall be disqualified from taking another
Legislation; Mercantile Law; Criminal Law; Political Law examination unless they show to the satisfaction of the court that they have
(Constitutional Law, Public Corporations, and Public Officers); enrolled in and passed regular fourth year review classes as well as attended a
International Law (Private and Public); Taxation; Remedial Law pre-bar review course in a recognized law school.
(Civil Procedure, Criminal Procedure, and Evidence); Legal Ethics The professors of the individual review subjects attended by the candidates
and Practical Exercises (in Pleading and Conveyancing). under this rule shall certify under oath that the candidates have regularly
attended classes and passed the subjects under the same conditions as
Sec. 10. Bar examination, by questions and answers, and in ordinary students and the ratings obtained by them in the particular subject.
writing.—Persons taking the examination shall not bring papers,
books or notes into the examination rooms. The questions shall be Sec. 17. Admission and oath of successful applicants.—An applicant who has
the same for all examinees and a copy thereof, in English or passed the required examination, or has been otherwise found to be entitled to
Spanish, shall be given to each examinee. Examinees shall answer admission to the bar, shall take and subscribe before the Supreme Court the
the questions personally without help from anyone. corresponding oath of office.
Upon verified application made by an examinee stating that his
penmanship is so poor that it will be difficult to read his answers Sec. 18. Certificate.—The SC shall thereupon admit the applicant as a member
without much loss of time, the Supreme Court may allow such of the bar for all the courts of the Philippines, and shall direct an order to be
examinee to use a typewriter in answering the questions. Only entered to that effect upon its records, and that a certificate of such record be
noiseless typewriters shall be allowed to be used. given to him by the clerk of court, which certificate shall be his authority to
The committee of bar examiners shall take such precautions as are practice.
necessary to prevent the substitution of papers or commission of
other frauds. Examinees shall not place their names on the Sec. 19. Attorneys' roll. - The clerk of the SC shall keep a roll of all attorneys
examination papers. No oral examination shall be given. admitted to practice, which roll shall be signed by the person admitted when he
receives his certificate.
Sec. 11. Annual examination.—Examinations for admission to the Sec. 20. Duties of attorneys.--It is the duty of an attorney:
bar of the Philippines shall take place annually in the City of Manila. j) To maintain allegiance to the Republic of the Philippines and to support
They shall be held in four days to be designated by the chairman of the Constitution and obey the laws of the Philippines;
the committee on bar examiners. The subjects shall be distributed k) To observe and maintain the respect due to the courts of justice and
as follows: judicial officers;
1st day: Political and International Law (morning) and Labor l) To counsel or maintain such actions or proceedings only as appear to him
and Social Legislation (afternoon); to be just, and such defenses only as he believes to be honestly debatable
2nd day: Civil Law (morning) and Taxation (afternoon); under the law;
3rd day: Mercantile Law (morning) and Criminal Law m) To employ, for the purpose of maintaining the causes confided to him,
(afternoon); such means only as are consistent with truth and honor, and never seek
4th day: Remedial Law (morning) and Legal Ethics and to mislead the judge or any judicial officer by an artifice or false statement
Practical Exercises (afternoon). of fact or law;
n) To maintain inviolate the confidence, and at every peril to himself, to
Sec. 12. Committee of examiners.—Examinations shall be preserve the secrets of his client, and to accept no compensation in
conducted by a committee of bar examiners to be appointed by the connection with his client's business except from him or with his
Supreme Court. This committee shall be composed of a Justice of knowledge and approval;
the Supreme Court, who shall act as chairman, and who shall be o) To abstain from all offensive personality and to advance no fact
designated by the court to serve for one year, and eight members prejudicial to the honor or reputation of a party or witness, unless
of the bar of the Philippines, who shall hold office for a period of required by the justice of the cause with which he is charged;
one year. The names of the members of this committee shall be p) Not to encourage either the commencement or the continuance of an
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published in each volume of the official reports. action or proceeding, or delay any man's cause, from any corrupt motive
or interest;
Sec. 13. Disciplinary measures.—No candidate shall endeavor to q) Never to reject, for any consideration personal to himself, the cause of
influence any member of the committee, and during examination the defenseless or oppressed;
the candidates shall not communicate with each other nor shall r) In the defense of a person accused of crime, by all fair and honorable
they give or receive any assistance. The candidate who violates this means, regardless of his personal opinion as to the guilt of the accused, to
provision, or any other provision of this rule, shall be barred from present every defense that the law permits, to the end that no person
the examination, and the same to count as a failure against him, may be deprived of life or liberty, but by due process of law.
and further disciplinary action, including permanent
disqualification, may be taken in the discretion of the court.
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Sec. 21. Authority of attorney to appear.—An attorney is presumed any deceit, malpractice, or other gross misconduct in such office, grossly
to be properly authorized to represent any cause in which he immoral conduct, or by reason of his conviction of a crime involving moral
appears, and no written power of attorney is required to authorize turpitude, or for any violation of the oath which he is required to take before
him to appear in court for his client, but the presiding judge may, admission to practice, or for a wilfull disobedience of any lawful order of a
on motion of either party and on reasonable grounds therefor superior court, or for corruptly or wilfully appearing as an attorney for a party
being shown, require any attorney who assumes the right to to a case without authority so to do. The practice of soliciting cases at law for
appear in a case to produce or prove the authority under which he the purpose of gain, either personally or through paid agents or brokers,
appears, and to disclose, whenever pertinent to any issue, the constitutes malpractice.
name of the person who employed him, and may thereupon make
such order as justice requires. An attorney wilfully appearing in Sec. 28. Suspension of attorney by the Court of Appeals or a Court of First
court for a person without being employed, unless by leave of the Instance.—The Court of Appeals or a Court of First Instance may suspend an
court, may be punished for contempt as an officer of the court who attorney from practice for any of the causes named in the last preceding
has misbehaved in his official transactions. section, and after such suspension such attorney shall not practice his
profession until further action of the Supreme Court in the premises.
Sec. 22. Attorney who appears in lower court presumed to
represent client on appeal.—An attorney who appears de parte in a Sec. 29. Upon suspension by Court of Appeals or Court of First Instance, further
case before a lower court shall be presumed to continue proceedings in Supreme Court.—Upon such suspension, the Court of Appeals or
representing his client on appeal, unless he files a formal petition the Court of First Instance shall forthwith transmit to the Supreme Court a
withdrawing his appearance in the appellate court. certified copy of the order or suspension and a full statement of the facts upon
which the same was based. Upon the receipt of such certified copy and
Sec. 23. Authority of attorneys to bind clients.—Attorneys have statement, the Supreme Court shall make full investigation of the facts involved
authority to bind their clients in any case by any agreement in and make such order revoking or extending the suspension, or removing the
relation thereto made in writing, and in taking appeals, and in all attorney from his office as such, as the facts warrant.
matters of ordinary judicial procedure. But they cannot, without
special authority, compromise their client's litigation, or receive Sec. 30. Attorney to be heard before removal or suspension.—No attorney shall
anything in discharge of a client's claim but the full amount in cash. be removed or suspended from the practice of his profession, until he has had
full opportunity upon reasonable notice to answer the charges against him, to
Sec. 24. Compensation of attorneys; agreement as to fees.—An produce witnesses in his own behalf, and to be heard by himself or counsel. But
attorney shall be entitled to have and recover from his client no if upon reasonable notice he fails to appear and answer the accusation, the
more than a reasonable compensation for his services, with a view court may proceed to determine the matter ex parte.
to the importance of the subject matter of the controversy, the
extent of the services rendered, and the professional standing of Sec. 31. Attorneys for destitute litigants.—A court may assign an attorney to
the attorney. No court shall be bound by the opinion of attorneys render professional aid free of charge to any party in a case, if upon
as expert witnesses as to the proper compensation, but may investigation it appears that the party is destitute and unable to employ an
disregard such testimony and base its conclusion on its own attorney, and that the services of counsel are necessary to secure the ends of
professional knowledge. A written contract for services shall justice and to protect the rights of the party. It shall be the duty of the attorney
control the amount to be paid therefor unless found by the court to so assigned to render the required service, unless he is excused therefrom by
be unconscionable or unreasonable. the court for sufficient cause shown.
Sec. 25. Unlawful retention of client's funds; contempt.—When an Sec. 32. Compensation for attorneys de oficio.—Subject to availability of funds
attorney unjustly retains in his hands money of his client after it has as may be provided by law the court may, in its discretion, order an attorney
been demanded, he may be punished for contempt as an officer of employed as counsel de oficio to be compensated in such sum as the court may
the Court who has misbehaved in his official transactions; but fix in accordance with section 24 of this rule. Whenever such compensation is
proceedings under this section shall not be a bar to a criminal allowed, it shall not be less than thirty pesos (P30.00) in any case, nor more
prosecution. than the following amounts: (1) Fifty pesos (P50.00) in light felonies; (2) One
hundred pesos (P100.00) in less grave felonies; (3) Two hundred pesos
Sec. 26. Change of attorneys.—An attorney may retire at any time (P200.00) in grave felonies other than capital offenses; (4) Five hundred pesos
from any action or special proceeding, by the written consent of his (P500.00) in capital offenses.
client filed in court. He may also retire at any time from an action
or special proceeding, without the consent of his client, should the Sec. 33. Standing in court of persons authorized to appear for Government.—
court, on notice to the client and attorney, and on hearing, Any official or other person appointed or designated in accordance with law to
determine that he ought to be allowed to retire. In case of appear for the Government of the Philippines shall have all the rights of a duly
substitution, the name of the attorney newly employed shall be authorized member of the bar to appear in any case in which said government
entered on the docket of the court in place of the former one, and has an interest direct or indirect.
written notice of the change shall be given to the adverse party.
A client may at any time dismiss his attorney or substitute another Sec. 34. By whom litigation conducted.—In the court of a justice of the peace a
in his place, but if the contract between client and attorney has party may conduct his litigation in person, with the aid of an agent or friend
been reduced to writing and the dismissal of the attorney was appointed by him for that purpose, or with the aid of an attorney. In any other
without justifiable cause, he shall be entitled to recover from the court, a party may conduct his litigation personally or by aid of an attorney, and
client the full compensation stipulated in the contract. However, his appearance must be either personal or by a duly authorized member of the
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the attorney may, in the discretion of the court, intervene in the bar.
case to protect his rights. For the payment of his compensation the
attorney shall have a lien upon all judgments for the payment of Sec. 35. Certain attorneys not to practice.—No judge or other official or
money, and executions issued in pursuance of such judgment, employee of the superior courts or of the Office of the Solicitor General, shall
rendered in the case wherein his services had been retained by the engage in private practice as a member of the bar or give professional advice to
client. clients.
Sec. 27. Attorneys removed or suspended by Supreme Court on Sec. 36. Amicus curiae.—The court may, in special cases, and upon proper
what grounds.—A member of the bar may be removed or application, permit the appearance, as amici curiae, of those lawyers who in its
suspended from his office as attorney by the Supreme Court for opinion can help in the disposition of the matter before it; or it may, on its own
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initiative, invite prominent attorneys to appear as amici curiae in Tax Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals
such special cases. and lower courts, even if lawyers are jointly charged with them, shall be filed
with the Supreme Court;
Sec. 37. Attorneys' liens.—An attorney shall have a lien upon the Provided, further, that charges filed against Justices and Judges before the IBP,
funds, documents and papers of his client which have lawfully including those filed prior to their appointment in the Judiciary, shall
come into his possession and may retain the same until his lawful immediately be forwarded to the Supreme Court for disposition and
fees and disbursements have been paid, and may apply such funds adjudication.
to the satisfaction thereof. He shall also have a lien to the same Six (6) copies of the verified complaint shall be filed with the Secretary of the
extent upon all judgments for the payment of money, and IBP or the Secretary of any of its chapters who shall forthwith transmit the
executions issued in pursuance of such judgments, which he has same to the IBP Board of Governors for assignment to an investigator.
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 B. GROUNDS
entered upon the records of the court rendering such judgment, or
issuing such execution, and shall have caused written notice See Rule 138 Sec. 27 supra
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 C. PROCEEDINGS IN THE IBP
executions as his client would have to enforce his lien and secure
the payment of his just fees and disbursements. 1. Assignment to Investigator
Sec. 2. National Grievance Investigator. - The Board of Governors shall appoint

RULE 138-A from among IBP members an Investigator or, when special circumstances so
LAW STUDENT PRACTICE RULE warrant, a panel of 3 investigators to investigate the complaint. All Investigators
(Dec. 18, 1986) shall take an oath of office in the form prescribed by the Board of Governors. A
copy of the Investigator's appointment and oath shall be transmitted to the
Sec 1. Conditions for student practice.—A law student who has Supreme Court.
successfully complete his 3rd year of the regular 4 year prescribed An Investigator may be disqualified by reason of relationship within the 4th
law curriculum and is enrolled in a recognized law school’s clinical degree of consanguinity or affinity to any of the parties or their counsel,
legal education program approved by the SC, may appear without pecuniary interest, personal bias, or his having acted as counsel for either party,
compensation in any civil, criminal or administrative case before unless the parties sign and enter upon the record their written consent to his
any trial court, tribunal, board or officer, to represent indigent acting as such Investigator.
clients accepted by the legal clinic of the law school. Where the Investigator does not disqualify himself, a party may appeal to the
IBP Board of Governors, which by majority vote of the members present, there
Sec 2. Appearance.—The appearance of the law student authorized being a quorum, may order his disqualification. Any Investigator may also be
by this rule, shall be under the direct supervision and control of a removed for cause, after due hearing, by the vote of at least 6 members of the
member of the IBP duly accredited by the law school. Any IBP Board Governors. The decision of the Board of Governors in all cases of
pleadings, motions, briefs, memoranda or other papers to be filed, disqualification or removal shall be final.
must be signed by the supervising attorney for and in behalf of the
legal clinic. Sec. 3. Duties of the National Grievance Investigator. - The National Grievance
Investigators shall investigate all complaint against members of the Integrated
Sec 3. Privileged Communication.—The Rules safeguarding Bar referred to them by the IBP Board of Governors.
privileged communications between attorney and client shall apply
to similar communications made to or received by the law student, Sec. 4. Chapter assistance to complainant. - The proper IBP Chapter may assist
acting for the legal clinic. the complainant(s) in the preparation and filing of his complaint(s).
Sec 4. Standards of conduct and supervision.—The law student shall 2. Service on Respondent
comply with the standards of professional conduct governing
members of the Bar. Failure of an attorney to provide adequate Sec. 5. Service or dismissal. - If the complaint appears to be meritorious, the
supervision of student practice may be a ground for disciplinary Investigator shall direct that a copy thereof be served upon the respondent,
action. requiring him to answer the same within 15 days from the date of service.
If the complaint does not merit action, or if the answer shows to the
satisfaction of the Investigator that the complaint is not meritorious, the same
RULE 139-B
may be dismissed by the Board of Governors upon his recommendation. A
DISBARMENT & DISCIPLINE OF ATTORNEYS
copy of the resolution of dismissal shall be furnished the complainant and the
(June 1, 1988)
SC which may review the case motu proprio or upon timely appeal of the
[Outlined]
complainant filed within 15 days from notice of the dismissal of the
complainant.
A. HOW INSTITUTED AND BY WHOM No investigation shall be interrupted or terminated by reason of the (1)
desistance, (2) settlement, (3) compromise, (4) restitution, (5) withdrawal of
Sec 1. How instituted. - Proceedings for disbarment, suspension or the charges, or (6) failure of the complainant to prosecute the same.
discipline of attorneys may be taken by the SC motu proprio, or by
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the IBP upon the verified complaint of any person. The complaint 3. Answer
shall state clearly and concisely the facts complained of and shall be
supported by affidavits of persons having personal knowledge of Sec. 6. Verification and service of answer. - The answer shall be verified. The
the facts therein alleged and/or by such documents as may original and 5 legible copies of the answer shall be filed with the Investigator,
substantiate said facts. with proof of service of a copy thereof on the complainant or his counsel.
The IBP Board of Governors may, motu proprio or upon referral by
the SC or by a Chapter Board of Officers, or at the instance of any 4. Investigation Proper
person, initiate and prosecute proper charges against erring
attorneys including those in the government service;
Provided, however, that all charges against Justices of the Court of
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Sec. 7. Administrative counsel. - The IBP Board of Governors shall decision of the Board upon such review shall be in writing and shall clearly
appoint a suitable member of the Integrated Bar as counsel to and distinctly state the facts and the reasons on which it is based. It shall
assist the complainant or the respondent during the investigation be promulgated within a period not exceeding thirty (30) days from the
in case of need for such assistance. next meeting of the Board following the submittal of the Investigator's
Report
Sec. 8. Investigation. - Upon joinder of issues or upon failure of the b. If the Board, by the vote of a majority of its total membership, determines
respondent to answer, the Investigator shall, with deliberate speed, that the respondent should be suspended from the practice of law or
proceed with the investigation of the case. He shall have the disbarred, it shall issue a resolution setting forth its findings and
power to issue subpoenas and administer oaths. The respondent recommendations which, together with the whole record of the case,
shall be given full opportunity to defend himself, to present shall forthwith be transmitted to the SC for final action.
witnesses on his behalf and be heard by himself and counsel. c. If the respondent is exonerated by the Board or the disciplinary sanction
However, if upon reasonable notice, the respondent fails to appear, imposed by it is less than suspension or disbarment (such as admonition,
the investigation shall proceed ex parte. [warning,] reprimand, or fine) it shall issue a decision exonerating
The Investigator shall terminate the investigation within 3 months respondent or imposing such sanction. The case shall be deemed
from the date of its commencement unless extended for good terminated unless upon petition of the complainant or other interested
cause by the Board of Governors upon prior application. party filed with the Supreme Court within 15 days from notice of the
Willfull failure or refusal to obey a subpoena or any other lawful Board’s resolution, the Supreme Court orders otherwise.
order issued by the Investigator shall be dealt with as for indirect d. Notice of the resolution or decision of the Board shall be given to all
contempt of court. The corresponding charge shall be filed by the parties through their counsel. A copy of the same shall be transmitted to
Investigator before the IBP Board of Governors which shall require the Supreme Court.
the alleged contemptor to show cause within ten (10) days from
notice. The IBP Board of Governors may thereafter conduct D. PROCEEDINGS IN THE SUPREME COURT
hearings, if necessary, in accordance with the procedure set forth
in this Rule for hearings before the Investigator. Such hearing shall, Sec. 13. Supreme Court Investigators. - In proceedings initiated motu proprio by
as far as practicable, be terminated within fifteen (15) days from its the SC in other proceedings when the interest of justice so requires, the SC may
commencement. Thereafter, the IBP Board of Governors shall refer the case for investigation to the Solicitor General or to any officer of the
within like period fifteen (15) days issue a resolution setting forth SC or judge of a lower court, in which case, the investigation shall proceed in
its findings and recommendations, which `shall forthwith be the same manner provided in Sections 6 to 11 hereof, save that the review
transmitted to the Supreme Court for final action and if warranted, report of the investigation shall be conducted directly by the Supreme Court.
the imposition of penalty.
Sec. 14. Report of the Solicitor General or other Court designated investigator. -
Sec. 9. Depositions. - Depositions may be taken in accordance with Based upon the evidence adduced at the investigation, the Solicitor General or
the Rules of Court with leave of the investigator(s). other Investigator designated by the SC shall submit to the SC a resolution
Within the Philippines, depositions may be taken before any containing his findings of fact and recommendations together the record and all
member of the Board of Governors, the President of any Chapter, the evidence presented in the investigation for the final action of the SC.
or any officer authorized by law to administer oaths.
Depositions may be taken outside the Philippines before a E. EFFECTS
diplomatic or consular representative of the Philippine Government
or before any person agreed upon by the parties or designated by Sec. 15. Suspension of attorneys by Supreme Court. - After receipt of
the Board of Governors. respondent's answer or lapse of the period therefor, the Supreme Court, motu
Any suitable members of the Integrated Bar in the place where a proprio, or at the instance of the IBP Board of Governors upon the
deposition shall be taken may be designated by the Investigator to recommendation of the Investigator, may suspend an attorney from the
assist the complainant or the respondent in taking a deposition. practice of his profession for any of the causes specified in Rule 138, Section 27,
during the pendency of the investigation until such suspension is lifted by the
5. Report Supreme Court.
Sec. 10. Report of Investigator. - Not later than 30 days from the Sec. 16. Suspension of attorney by the Court of Appeals or Regional Trial Court. -
termination of the investigation, the Investigator shall submit a The Court of Appeals or Regional Trial Court may suspend an attorney from
report containing his findings of fact and recommendations to the practice for any of the causes named in Rule 138, Section 27, until further
IBP Board of Governors, together with the stenographic notes and action of the Supreme Court in the case.
the transcripts thereof and all the evidence presented during the
investigation. The submission of the report need not await the Sec. 17. Upon suspension by Court of Appeals or Regional Trial Court, further
transcription of the stenographic notes, it being sufficient that the proceedings in Supreme Court. - Upon such suspension, the Court of Appeals or
report reproduce substantially from the Investigator's personal a Regional Trial Court shall forthwith transmit to the Supreme Court a certified
notes any relevant and pertinent testimonies. copy of the order of suspension and a full statement of the facts upon which
the same was based. Upon receipt of such certified copy and statement, the
Sec. 11. Defects. - No defect in a complaint, notice, answer, or in Supreme Court shall make a full investigation of the case and may revoke,
the proceeding or the Investigator's Report shall be considered as shorten or extend the suspension, or disbar the attorney as the facts may
substantial unless the Board of Governors, upon considering the warrant.
whole record, finds that such defect has resulted or may result in a
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miscarriage of justice, in which event the Board shall take such Sec. 18. Confidentiality. - Proceedings against attorneys shall be private and
remedial action as the circumstance may warrant, including confidential. However, the final order of the Supreme Court shall be published
invalidation of the entire proceedings. like its decisions in other cases.
6 Decision or Review Sec. 19. Expenses. - All reasonable and necessary expenses incurred in relation
to disciplinary and disbarment proceedings are lawful charges forthwith the
Sec. 12. View and decision by the Board of Governors.— parties may be taxed as costs.
a. Every case heard by an investigator shall be reviewed by the
IBP Board of Governors upon the record and evidence EFFECTIVITY
transmitted to it by the Investigator with his report. The
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Sec. 20. Effectivity and Transitory Provision. - This Rule shall take 3. Gross misconduct constituting violations of the Code of Judicial Conduct
effect on June 1, 1988 and shall supersede the present Rule 139 4. Knowingly rendering an unjust judgement or order as determined by a
entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS". All cases competent court in an appropriate proceeding;
pending investigation by the Office of the Solicitor General shall be 5. Conviction of a crime involving moral turpitude;
transferred to the Integrated Bar of the Philippines Board of 6. Willful failure to pay a just debt;
Governors for investigation and disposition as provided in this Rule 7. Borrowing money or property from lawyers and litigants in a case pending
except those cases where the investigation has been substantially before the court;
completed. 8. Immorality;
9. Gross ignorance of the law or procedure;
RULE 140 10. Partisan political activities; and
CHARGES AGAINST JUDGES OF FIRST INSTANCE 11. Alcoholism and / or vicious habits.
(as amended by A.M. No. 01-8-10 SC)
(Oct. 1. 2001) Sec. 9. Less Serious Charges—Less serious charges include:
1. Undue delay in rendering a decision or order, or in transmitting the
Sec. 1. How Instituted.—Proceedings for the discipline of Judges of records of a case;
regular and special courts and Justices of the CA and the 2. Frequent and unjustified absences without leave or habitual tardiness;
Sandiganbayan may be instituted (1) motu propio by the SC or (2) 3. Unauthorized practice of law;
upon a verified complaint, supported by affidavits of persons who 4. Violations of SC rules, directives and circulars;
have personal knowledge of the facts alleged therein or by 5. Receiving additional or double compensation, unless specifically
documents which may substantiate said allegations or (3) upon an authorized by law;
anonymous complaint, supported by public records of indubitable 6. Untruthful statements in the certificate of service; and
integrity. 7. Simple misconduct.
The complaint shall be in writing and shall state clearly and
concisely the acts and omissions constituting violations of Sec. 10 Light Charges—Light charges include:
standards of conduct prescribed for Judges by law, the RoC, or the 1. Vulgar and unbecoming conduct;
Code of Judicial Conduct. 2. Gambling in public;
3. Fraternizing with lawyers and litigants with pending case / cases in his
Sec. 2. Action on complaint.—If the complaint is sufficient in form court; and
and substance, a copy thereof shall be served upon the respondent 4. Undue delay in the submission of monthly reports.
and he shall be required to comment within 10 days from the date
of service. Otherwise, the same shall be dismissed. Sec. 11 Sanctions—
A. If the respondent is guilty of a serious charge, any of the following
Sec. 3. By whom complaint investigated.—Upon the filing of sanctions may be imposed:
respondent’s comment, or upon the expiration of the time for filing 1. Dismissal from the service, forfeiture of all or part of the benefits as
the same and unless other pleading or documents are required, the the Court may determine, and disqualifications from reinstatement
Court shall (1) refer the matter to the Office of the Court or appointment to any public office, including government-owned or
Administrator for evaluation, report and recommendation or (2) controlled corporations. Provided, however, that the forfeiture of
assign the case for investigation, report and recommendation to a benefits shall in no case include accrued leave credits;
retired member of the SC, if the respondent is a Justice of the CA 2. Suspension form office without salary and other benefits for more
and the Sandiganbayan, or (3) to a Justice of the CA if the than 3 but not exceeding 6 months, or
respondent is a Judge of a RTC or of a special court of equivalent 3. A fine of more than P20,000 but not exceeding P40,000
rank, or (4) to a Judge of the RTC if the respondent is a Judge of an B. If the respondent is guilty of a less serious charge, any of the following
inferior court. sanctions shall be imposed.
1. Suspension form office without salary and other benefits for not less
Sec. 4. Hearing. The investigating Justice or Judge shall set a day than 1 month not more than 3 months; or
for the hearing and send notice thereof to both parties. At such 2. A fine of more than P10,000 but not exceeding P20,000
hearing, the parties may present oral and documentary evidence. C. If the respondent is guilty of a light charge, any of the following sanctions
If after due notice, the respondent fails to appear, the investigation shall be imposed.
shall proceed ex parte. 1. A fine of not less than P1,000 but not exceeding 10,000 and / or
Investigating Justice of Judge shall terminate the investigation 2. Censure;
within 90 days from the date of its commencement or within an 3. Reprimand;
extension as the SC may grant. 4. Admonition with warning.
Sec. 5. Report. Within 30 days from the termination of the Sec. 12. Confidentiality of Proceedings.—Proceedings against Judges of regular
investigation, the investigating Justice or Judge shall submit to the and special courts and Justices of the CA and the Sandiganbayan shall be
SC a report containing the findings of fact and recommendation. private and confidential, but a copy of the decision or resolution of the Court
The report shall be accompanied by the record containing the shall be attached to the record of the respondent in the Office of the Court
evidence and the pleadings filed by the parties. The report shall be Administrator.
confidential and shall be for the exclusive se for the Court.
These amendments to Rule 140 shall take effect on Oct. 1, 2001 following their
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Sec. 6. Action—The Court shall take such notice on the report as publication in 2 newspapers of general circulation on or before Sept. 15, 2001.
the facts and the law may warrant.
Sec. 7. Classification of Charges. Administrative charges are ANNEXED ETC. SUPREME COURT ISSUANCES
classified as serious, less serious or light.
A.M. No. 02-9-02
Sec. 8. Serious Charges. Serious charges include:
1. Bribery, direct of indirect; A.M. No. 02-9-02 Re: Automatic conversion of some administrative cases
2. Dishonesty and violations of the Anti-Graft and Corrupt against Justices of the CA and the Sandiganbyan; Judges of Regular and Special
Practices Law (RA 3019);
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Courts; and court officials who are lawyers as disciplinary b. is personally known to the notary public or identified by the notary public
proceedings against them both as such officials and as Members of through competent evidence of identity as defined by these Rules; and
the Philippine Bar. c. avows under penalty of law to the whole truth of the contents of the
instrument or document.
Some administrative cases against Justices of the CA and the
Sandiganbayan; judges of regular and special courts; and court Sec. 3. Commission. - "Commission" refers to the grant of authority to perform
officials who are lawyers are based on grounds which are likewise notarial acts and to the written evidence of the authority.
grounds for the disciplinary action of members of the Bar for
violation of the Lawyer’s Oath, the Code of Professional Sec. 4. Copy Certification. - "Copy Certification" refers to a notarial act in which
Responsibility, and the Canons of Professional Ethics, or for such a notary public:
other forms or breaches of conduct that have been traditionally a. is presented with an instrument or document that is neither a vital record,
recognized as grounds for discipline of lawyers. a public record, nor publicly recordable;
In any of the foregoing instances, the administrative case shall also b. copies or supervises the copying of the instrument or document;
be considered a disciplinary action against the respondent Justice, c. compares the instrument or document with the copy; and
judge or court official concerned as a member of the Bar. The d. determines that the copy is accurate and complete.
respondent may forthwith be required to comment on the
complaint and show cause why he should not also be suspended, Sec. 5. Notarial Register. - "Notarial Register" refers to a permanently bound
disbarred or otherwise disciplinarily sanctioned as a member of the book with numbered pages containing a chronological record of notarial acts
Bar. Judgement in both respects may be incorporated in one performed by a notary public.
decision or resolution.
This resolution shall supplement Rule 140 of the RoC and shall take Sec. 6. Jurat. - "Jurat" refers to an act in which an individual on a single
effect on the first day of Oct. 2002. It shall apply to administrative occasion:
cases already filed where the respondents have not yt been a. appears in person before the notary public and presents an instrument or
required to comment on the complaints. document;
This resolution shall be published in a newspaper of general b. is personally known to the notary public or identified by the notary public
circulation in the Philippines. through competent evidence of identity as defined by these Rules;
c. signs the instrument or document in the presence of the notary; and
d. takes an oath or affirmation before the notary public as to such
2004 RULES ON NOTARIAL PRACTICE instrument or document.
(Aug. 1, 2004)
Sec. 7. Notarial Act and Notarization. - "Notarial Act" and "Notarization" refer
RULE I to any act that a notary public is empowered to perform under these Rules.
IMPLEMENTATION
Sec. 8. Notarial Certificate. - "Notarial Certificate" refers to the part of, or
Sec. 1. Title. - These Rules shall be known as the 2004 Rules on attachment to, a notarized instrument or document that is completed by the
Notarial Practice. notary public, bears the notary's signature and seal, and states the facts
attested to by the notary public in a particular notarization as provided for by
Sec. 2. Purposes. - These Rules shall be applied and construed to these Rules.
advance the following purposes:
a. to promote, serve, and protect public interest; Sec. 9. Notary Public and Notaty. - "Notary Public" and "Notary" refer to any
b. to simplify, clarify, and modernize the rules governing person commissioned to perform official acts under these Rules.
notaries public; and
c. to foster ethical conduct among notaries public. Sec. 10. Principal. - "Principal" refers to a person appearing before the notary
public whose act is the subject of notarization.
Sec. 3. Interpretation. - Unless the context of these Rules otherwise
indicates, words in the singular include the plural, and words in the Sec. 11. Regular Place of Work or Business. - The term "regular place of work or
plural include the singular. business" refers to a stationary office in the city or province wherein the notary
public renders legal and notarial services.
RULE II
DEFINITIONS Sec. 12. Competent Evidence of Identity. - The phrase "competent evidence of
identity" refers to the identification of an individual based on:
Sec. 1. Acknowledgment. - "Acknowledgment" refers to an act in a. at least one current identification document issued by an official agency
which an individual on a single occasion: bearing the photograph and signature of the individual; or
a. appears in person before the notary public and presents an b. the oath or affirmation of one credible witness not privy to the
integrally complete instrument or document; instrument, document or transaction who is personally known to the
b. is attested to be personally known to the notary public or notary public and who personally knows the individual, or of two credible
identified by the notary public through competent evidence witnesses neither of whom is privy to the instrument, document or
of identity as defined by these Rules; and transaction who each personally knows the individual and shows to the
c. represents to the notary public that the signature on the notary public documentary identification.
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instrument or document was voluntarily affixed by him for

the purposes stated in the instrument or document, declares Sec. 13. Official Seal or Seal. - "Official seal" or "Seal" refers to a device for
that he has executed the instrument or document as his free affixing a mark, image or impression on all papers officially signed by the notary
and voluntary act and deed, and, if he acts in a particular public conforming the requisites prescribed by these Rules.
representative capacity, that he has the authority to sign in
that capacity. Sec. 14. Signature Witnessing. -The term "signature witnessing" refers to a
notarial act in which an individual on a single occasion:
Sec. 2. Affirmation or Oath. - The term "Affirmation" or "Oath" a. appears in person before the notary public and presents an instrument or
refers to an act in which an individual on a single occasion: document;
a. appears in person before the notary public; b. is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and
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c. signs the instrument or document in the presence of the c) the petitioner establishes to the satisfaction of the Executive Judge that
notary public. he has read and fully understood these Rules.
The Executive Judge shall forthwith issue a commission and a Certificate of
Sec. 15. Court. - "Court" refers to the Supreme Court of the Authorization to Purchase a Notarial Seal in favor of the petitioner.
Philippines.
Sec. 5. Notice of Summary Hearing. –
Sec. 16. Petitioner. - "Petitioner" refers to a person who applies for a) The notice of summary hearing shall be published in a newspaper of
a notarial commission. general circulation in the city or province where the hearing shall be
conducted and posted in a conspicuous place in the offices of the
Sec. 17. Office of the Court Administrator. - "Office of the Court Executive Judge and of the Clerk of Court. The cost of the publication shall
Administrator" refers to the Office of the Court Administrator of be borne by the petitioner. The notice may include more than one
the Supreme Court. petitioner.
b) The notice shall be substantially in the following form;
Sec. 18. Executive Judge. - "Executive Judge" refers to the Executive NOTICE OF HEARING
Judge of the Regional Trial Court of a city or province who issues a Notice is hereby given that a summary hearing on the petition for notarial
notarial commission. commission of (name of petitioner) shall be held on (date) at (place) at (time).
Any person who has any cause or reason to object to the grant of the petition
Sec. 19. Vendor - "Vendor" under these Rules refers to a seller of a may file a verified written opposition thereto, received by the undersigned
notarial seal and shall include a wholesaler or retailer. before the date of the summary hearing.
______________
Sec. 20. Manufacturer. - "Manufacturer" under these Rules refers Executive Judge
to one who produces a notarial seal and shall include an engraver
and seal maker. Sec. 6. Opposition to Petition. - Any person who has any cause or reason to
object to the grant of the petition may file a verified written opposition thereto.
RULE III The opposition must be received by the Executive Judge before the date of the
COMMISSIONING OF NOTARY PUBLIC summary hearing.
Sec. 1. Qualifications. - A notarial commission may be issued by an Sec. 7. Form of Notarial Commission. - The commissioning of a notary public
Executive Judge to any qualified person who submits a petition in shall be in a formal order signed by the Executive Judge substantially in the
accordance with these Rules. following form:
To be eligible for commissioning as notary public, the petitioner:
1. must be a citizen of the Philippines; REPUBLIC OF THE PHILIPPINES
2. must be over twenty-one (21) years of age; REGIONAL TRIAL COURT OF ______________
3. must be a resident in the Philippines for at least one (1) year This is to certify that (name of notary public) of (regular place of work or
and maintains a regular place of work or business in the city business) in (city or province) was on this (date) day of (month) two thousand
or province where the commission is to be issued; and (year) commissioned by the undersigned as a notary public, within and for
4. must be a member of the Philippine Bar in good standing with the said jurisdiction, for a term ending the thirty-first day of December (year)
clearances from the Office of the Bar Confidant of the _______________
Supreme Court and the Integrated Bar of the Philippines; and Executive Judge
5. must not have been convicted in the first instance of any
crime involving moral turpitude. Sec. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial
Seal. - The Certificate of Authorization to Purchase a Notarial Seal shall be valid
Sec. 2. Form of the Petition and Supporting Documents. - Every for a period of three (3) months from date of issue, unless extended by the
petition for a notarial commission shall be in writing, verified, and Executive Judge.
shall include the following: A mark, image or impression of the seal that may be purchased by the notary
a) a statement containing the petitioner's personal public pursuant to the Certificate shall be presented to the Executive Judge for
qualifications, including the petitioner's date of birth, approval prior to use.
residence, telephone number, professional tax receipt, roll of
attorney's number and IBP membership number; , Sec. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. -The
b) certification of good moral character of the petitioner by at Certificate of Authorization to Purchase a Notarial Seal shall substantially be in
least two (2) executive officers of the local chapter of the the following form:
Integrated Bar of the Philippines where he is applying for REPUBLIC OF THE PHILIPPINES
commission; REGIONAL TRIAL COURT OF_____________
c) proof of payment for the filing of the petition as required by CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL
these Rules; and This is to authorize (name of notary public) of (city or province) who was
d) three (3) passport-size color photographs with light commissioned by the undersigned as a notary public, within and for the said
background taken within thirty (30) days of the application. jurisdiction, for a term ending, the thirty-first of December (year) to purchase a
The photograph should not be retouched. The petitioner shall notarial seal.
sign his name at the bottom part of the photographs. Issued this (day) of (month) (year).
_______________
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Sec. 3. Application Fee. - Every petitioner for a notarial commission Executive Judge
shall pay the application fee as prescribed in the Rules of Court.
Sec. 10. Official Seal of Notary Public. - Every person commissioned as notary
Sec. 4. Summary Hearing on the Petition. - The Executive Judge public shall have only one official seal of office in accordance with these Rules.
shall conduct a summary hearing on the petition and shall grant the
same if: Sec. 11. Jurisdiction and Term. - A person commissioned as notary public may
a) the petition is sufficient in form and substance; perform notarial acts in any place within the territorial jurisdiction of the
b) the petitioner proves the allegations contained in the commissioning court for a period of two (2) years commencing the first day of
petition; and January of the year in which the commissioning is made, unless earlier revoked
or the notary public has resigned under these Rules and the Rules of Court.
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Sec. 2. Prohibitions. –
Sec. 12. Register of Notaries Public. - The Executive Judge shall keep a) A notary public shall not perform a notarial act outside his regular place of
and maintain a Register of Notaries Public in his jurisdiction which work or business; provided, however, that on certain exceptional
shall contain, among others, the dates of issuance or revocation or occasions or situations, a notarial act may be performed at the request of
suspension of notarial commissions, and the resignation or death of the parties in the following sites located within his territorial jurisdiction:
notaries public. The Executive Judge shall furnish the Office of the (1) public offices, convention halls, and similar places where oaths of
Court Administrator information and data recorded in the register office may be administered;
of notaries public. The Office of the Court Administrator shall keep (2) public function areas in hotels and similar places for the signing of
a permanent, complete and updated database of such records. instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an
Sec. 13. Renewal of Commission. - A notary public may file a written instrument or document is confined for treatment; and
application with the Executive Judge for the renewal of his (4) any place where a party to an instrument or document requiring
commission within forty-five (45) days before the expiration notarization is under detention.
thereof. A mark, image or impression of the seal of the notary b) A person shall not perform a notarial act if the person involved as
public shall be attached to the application. signatory to the instrument or document -
Failure to file said application will result in the deletion of the name (1) is not in the notary's presence personally at the time of the
of the notary public in the register of notaries public. notarization; and
The notary public thus removed from the Register of Notaries (2) is not personally known to the notary public or otherwise identified
Public may only be reinstated therein after he is issued a new by the notary public through competent evidence of identity as
commission in accordance with these Rules. defined by these Rules.
Sec. 14. Action on Application for Renewal of Commission. - The Sec. 3. Disqualifications. - A notary public is disqualified from performing a
Executive Judge shall, upon payment of the application fee notarial act if he:
mentioned in Section 3 above of this Rule, act on an application for (a) is a party to the instrument or document that is to be notarized;
the renewal of a commission within thirty (30) days from receipt (b) will receive, as a direct or indirect result, any commission, fee, advantage,
thereof. If the application is denied, the Executive Judge shall state right, title, interest, cash, property, or other consideration, except as
the reasons therefor. provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by
RULE IV affinity or consanguinity of the principal within the fourth civil degree.
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
Sec. 4. Refusal to Notarize. - A notary public shall not perform any notarial act
Sec. 1. Powers. – described in these Rules for any person requesting such an act even if he
a) A notary public is empowered to perform the following tenders the appropriate fee specified by these Rules if:
notarial acts: (a) the notary knows or has good reason to believe that the notarial act or
1) acknowledgments; transaction is unlawful or immoral;
2) oaths and affirmations; (b) the signatory shows a demeanor which engenders in the mind of the
3) jurats; notary public reasonable doubt as to the former's knowledge of the
4) signature witnessings; consequences of the transaction requiring a notarial act; and
5) copy certifications; and (c) in the notary's judgment, the signatory is not acting of his or her own free
6) any other act authorized by these Rules. will.
b) A notary public is authorized to certify the affixing of a
signature by thumb or other mark on an instrument or Sec. 5. False or Incomplete Certificate. - A notary public shall not:
document presented for notarization if: (a) execute a certificate containing information known or believed by the
1) the thumb or other mark is affixed in the presence of notary to be false.
the notary public and of two (2) disinterested and (b) affix an official signature or seal on a notarial certificate that is
unaffected witnesses to the instrument or document; incomplete.
2) both witnesses sign their own names in addition to the
thumb or other mark; Sec. 6. Improper Instruments or Documents. - A notary public shall not notarize:
3) the notary public writes below the thumb or other mark: (a) a blank or incomplete instrument or document; or
"Thumb or Other Mark affixed by (name of signatory by (b) an instrument or document without appropriate notarial certification.
mark) in the presence of (names and addresses of
witnesses) and undersigned notary public"; and RULE V
4) the notary public notarizes the signature by thumb or FEES OF NOTARY PUBLIC
other mark through an acknowledgment, jurat, or
signature witnessing. Sec. 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary
c) A notary public is authorized to sign on behalf of a person public may charge the maximum fee as prescribed by the Supreme Court unless
who is physically unable to sign or make a mark on an he waives the fee in whole or in part.
instrument or document if:
1) the notary public is directed by the person unable to Sec. 2. Travel Fees and Expenses. - A notary public may charge travel fees and
sign or make a mark to sign on his behalf; expenses separate and apart from the notarial fees prescribed in the preceding
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2) the signature of the notary public is affixed in the section when traveling to perform a notarial act if the notary public and the
presence of two disinterested and unaffected witnesses person requesting the notarial act agree prior to the travel.
to the instrument or document;
3) both witnesses sign their own names ; Sec. 3. Prohibited Fees. - No fee or compensation of any kind, except those
4) the notary public writes below his signature: "Signature expressly prescribed and allowed herein, shall be collected or received for any
affixed by notary in presence of (names and addresses notarial service.
of person and two \2] witnesses)"; and
5) the notary public notarizes his signature by Sec. 4. Payment or Refund of Fees. - A notary public shall not require payment
acknowledgment or jurat. of any fees specified herein prior to the performance of a notarial act unless
otherwise agreed upon.
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Any travel fees and expenses paid to a notary public prior to the on the instrument or document the page/s of his register on which the
performance of a notarial act are not subject to refund if the notary same is recorded. No blank line shall be left between entries.
public had already traveled but failed to complete in whole or in (f) In case of a protest of any draft, bill of exchange or promissory note, the
part the notarial act for reasons beyond his control and without notary public shall make a full and true record of all proceedings in
negligence on his part. relation thereto and shall note therein whether the demand for the sum
of money was made, by whom, when, and where; whether he presented
Sec. 5. Notice of Fees. - A notary public who charges a fee for such draft, bill or note; whether notices were given, to whom and in what
notarial services shall issue a receipt registered with the Bureau of manner; where the same was made, when and to whom and where
Internal Revenue and keep a journal of notarial fees. He shall enter directed; and of every other fact touching the same.
in the journal all fees charged for services rendered. (g) At the end of each week, the notary public shall certify in his notarial
A notary public shall post in a conspicuous place in his office a register the number of instruments or documents executed, sworn to,
complete schedule of chargeable notarial fees. acknowledged, or protested before him; or if none, this certificate shall
show this fact.
RULE VI (h) A certified copy of each month's entries and a duplicate original copy of
NOTARIAL REGISTER any instrument acknowledged before the notary public shall, within the
first ten (10) days of the month following, be forwarded to the Clerk of
Sec. 1. Form of Notarial Register. – Court and shall be under the responsibility of such officer. If there is no
(a) A notary public shall keep, maintain, protect and provide for entry to certify for the month, the notary shall forward a statement to this
lawful inspection as provided in these Rules, a chronological effect in lieu of certified copies herein required.
official notarial register of notarial acts consisting of a
permanently bound book with numbered pages. Sec. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's
The register shall be kept in books to be furnished by the notarial register shall be signed or a thumb or other mark affixed by each:
Solicitor General to any notary public upon request and upon (a) principal;
payment of the cost thereof. The register shall be duly paged, (b) credible witness swearing or affirming to the identity of a principal; and
and on the first page, the Solicitor General shall certify the (c) witness to a signature by thumb or other mark, or to a signing by the
number of pages of which the book consists. notary public on behalf of a person physically unable to sign.
For purposes of this provision, a Memorandum of Agreement
or Understanding may be entered into by the Office of the Sec. 4. Inspection, Copying and Disposal. –
Solicitor General and the Office of the Court Administrator. (a) In the notary's presence, any person may inspect an entry in the notarial
(b) A notary/ public shall keep only one active notarial register at register, during regular business hours, provided;
any given time. (1) the person's identity is personally known to the notary public or
proven through competent evidence of identity as defined in these
Sec. 2. Entries in the Notarial Register. – Rules;
(a) For every notarial act, the notary shall record in the notarial (2) the person affixes a signature and thumb or other mark or other
register at the time of notarization the following: recognized identifier, in the notarial .register in a separate, dated
(1) the entry number and page number; entry;
(2) the date and time of day of the notarial act; (3) the person specifies the month, year, type of instrument or
(3) the type of notarial act; document, and name of the principal in the notarial act or acts
(4) the title or description of the instrument, document or sought; and
proceeding; (4) the person is shown only the entry or entries specified by him.
(5) the name and address of each principal; (b) The notarial register may be examined by a law enforcement officer in the
(6) the competent evidence of identity as defined by these course of an official investigation or by virtue of a court order.
Rules if the signatory is not personally known to the (c) If the notary public has a reasonable ground to believe that a person has a
notary; criminal intent or wrongful motive in requesting information from the
(7) the name and address of each credible witness swearing notarial register, the notary shall deny access to any entry or entries
to or affirming the person's identity; therein.
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if Sec. 5. Loss, Destruction or Damage of Notarial Register. –
not in the notary's regular place of work or business; (a) In case the notarial register is stolen, lost, destroyed, damaged, or
and otherwise rendered unusable or illegible as a record of notarial acts, the
(10) any other circumstance the notary public may deem of notary public shall, within ten (10) days after informing the appropriate
significance or relevance. law enforcement agency in the case of theft or vandalism, notify the
(b) A notary public shall record in the notarial register the Executive Judge by any means providing a proper receipt or
reasons and circumstances for not completing a notarial act. acknowledgment, including registered mail and also provide a copy or
(c) A notary public shall record in the notarial register the number of any pertinent police report.
circumstances of any request to inspect or copy an entry in (b) Upon revocation or expiration of a notarial commission, or death of the
the notarial register, including the requester's name, address, notary public, the notarial register and notarial records shall immediately
signature, thumbmark or other recognized identifier, and be delivered to the office of the Executive Judge.
evidence of identity. The reasons for refusal to allow
inspection or copying of a journal entry shall also be recorded. Sec. 6. Issuance of Certified True Copies. - The notary public shall supply a
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(d) When the instrument or document is a contract, the notary certified true copy of the notarial record, or any part thereof, to any person
public shall keep an original copy thereof as part of his applying for such copy upon payment of the legal fees.
records and enter in said records a brief description of the
substance thereof and shall give to each entry a consecutive RULE VII
number, beginning with number one in each calendar year. SIGNATURE AND SEAL OF NOTARY PUBLIC
He shall also retain a duplicate original copy for the Clerk of
Court. Sec. 1. Official Signature. - In notarizing a paper instrument or document, a
(e) The notary public shall give to each instrument or document notary public shall:
executed, sworn to, or acknowledged before him a number (a) sign by hand on the notarial certificate only the name indicated and as
corresponding to the one in his register, and shall also state appearing on the notary's commission;
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(b) not sign using a facsimile stamp or printing device; and (c) The authorization shall be in effect for a period of four (4) years from the
(c) affix his official signature only at the time the notarial act is date of its issuance and may be renewed by the Executive Judge for a
performed. similar period upon payment of the authorization fee mentioned in the
preceding paragraph.
Sec. 2. Official Seal. – (d) A vendor or manufacturer shall not sell a seal to a buyer except upon
(a) Every person commissioned as notary public shall have a seal submission of a certified copy of the commission and the Certificate of
of office, to be procured at his own expense, which shall not Authorization to Purchase a Notarial Seal issued by the Executive Judge. A
be possessed or owned by any other person. It shall be of notary public obtaining a new seal as a result of change of name shall
metal, circular in shape, two inches in diameter, and shall present to the vendor or manufacturer a certified copy of the
have the name of the city or province and the word Confirmation of the Change of Name issued by the Executive Judge.
"Philippines" and his own name on the margin and the roll of (e) Only one seal may be sold by a vendor or manufacturer for each
attorney's number on the face thereof, with the words Certificate of Authorization to Purchase a Notarial Seal,
"notary public" across the center. A mark, image or (f) After the sale, the vendor or manufacturer shall affix a mark, image or
impression of such seal shall be made directly on the paper or impression of the seal to the Certificate of Authorization to Purchase a
parchment on which the writing appears. Notarial Seal and submit the completed Certificate to the Executive Judge.
(b) The official seal shall be affixed only at the time the notarial Copies of the Certificate of Authorization to Purchase a Notarial Seal and
act is performed and shall be clearly impressed by the notary the buyer's commission shall be kept in the files of the vendor or
public on every page of the instrument or document manufacturer for four (4) years after the sale.
notarized. (g) A notary public obtaining a new seal as a result of change of name shall
(c) When not in use, the official seal shall be kept safe and secure present to the vendor a certified copy of the order confirming the change
and shall be accessible only to the notary public or the person of name issued by the Executive Judge.
duly authorized by him.
(d) Within five (5) days after the official seal of a notary public is RULE VIII
stolen, lost, damaged or other otherwise rendered NOTARIAL CERTIFICATES
unserviceable in affixing a legible image, the notary public,
after informing the appropriate law enforcement agency, Sec. 1. Form of Notarial Certificate. - The notarial form used for any notarial
shall notify the Executive Judge in writing, providing proper instrument or document shall conform to all the requisites prescribed herein,
receipt or acknowledgment, including registered mail, and in the Rules of Court and all other provisions of issuances by the Supreme Court
the event of a crime committed, provide a copy or entry and in applicable laws.
number of the appropriate police record. Upon receipt of
such notice, if found in order by the Executive Judge, the Sec. 2. Contents of the Concluding Part of the Notarial Certificate. - The notarial
latter shall order the notary public to cause notice of such loss certificate shall include the following:
or damage to be published, once a week for three (3) (a) the name of the notary public as exactly indicated in the commission;
consecutive weeks, in a newspaper of general circulation in (b) the serial number of the commission of the notary public;
the city or province where the notary public is commissioned. (c) the words "Notary Public" and the province or city where the notary
Thereafter, the Executive Judge shall issue to the notary public is commissioned, the expiration date of the commission, the office
public a new Certificate of Authorization to Purchase a address of the notary public; and
Notarial Seal. (d) the roll of attorney's number, the professional tax receipt number and the
(e) Within five (5) days after the death or resignation of the place and date of issuance thereof, and the IBP membership number.
notary public, or the revocation or expiration of a notarial
commission, the official seal shall be surrendered to the RULE IX
Executive Judge and shall be destroyed or defaced in public CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
during office hours. In the event that the missing, lost or
damaged seal is later found or surrendered, it shall be Sec. 1. Certificate of Authority for a Notarial Act. - A certificate of authority
delivered by the notary public to the Executive Judge to be evidencing the authenticity of the official seal and signature of a notary public
disposed of in accordance with this section. Failure to effect shall be issued by the Executive Judge upon request in substantially the
such surrender shall constitute contempt of court. In the following form:
event of death of the notary public, the person in possession CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
of the official seal shall have the duty to surrender it to the I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary
Executive Judge. public), the person named in the seal and signature on the attached document,
is a Notary Public in and for the (City/Municipality/Province) of the Republic of
Sec. 3. Seal Image. - The notary public shall affix a single, clear, the Philippines and authorized to act as such at the time of the document's
legible, permanent, and photographically reproducible mark, image notarization.
or impression of the official seal beside his signature on the notarial IN WITNESS WHEREOF, I have affixed below my signature and seal of this office
certificate of a paper instrument or document. this (date) day of (month) (year).
_________________
Sec. 4. Obtaining and Providing Seal. – (official signature)
(a) A vendor or manufacturer of notarial seals may not sell said (seal of Executive Judge)
product without a written authorization from the Executive
Judge. RULE X
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(b) Upon written application and after payment of the CHANGES OF STATUS OF NOTARY PUBLIC
application fee, the Executive Judge may issue an
authorization to sell to a vendor or manufacturer of notarial Sec. 1. Change of Name and Address.
seals after verification and investigation of the latter's Within ten (10) days after the change of name of the notary public by court
qualifications. The Executive Judge shall charge an order or by marriage, or after ceasing to maintain the regular place of work or
authorization fee in the amount of Php 4,000 for the vendor business, the notary public shall submit a signed and dated notice of such fact
and Php 8,000 for the manufacturer. If a manufacturer is also to the Executive Judge.
a vendor, he shall only pay the manufacturer's authorization The notary public shall not notarize until:
fee. (a) he receives from the Executive Judge a confirmation of the new name of
the notary public and/or change of regular place of work or business; and
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(b) a new seal bearing the new name has been obtained. (d) The Executive Judge may motu proprio initiate administrative
The foregoing notwithstanding, until the aforementioned steps proceedings against a notary public, subject to the procedures
have been completed, the notary public may continue to use the prescribed in paragraph (c) above and impose the appropriate
former name or regular place of work or business in performing administrative sanctions on the grounds mentioned in the preceding
notarial acts for three (3) months from the date of the change, paragraphs (a) and (b).
which may be extended once for valid and just cause by the
Executive Judge for another period not exceeding three (3) months. Sec. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge
shall at all times exercise supervision over notaries public and shall closely
Sec. 2. Resignation. - A notary public may resign his commission by monitor their activities.
personally submitting a written, dated and signed formal notice to
the Executive Judge together with his notarial seal, notarial register Sec. 3. Publication of Revocations and Administrative Sanctions. - The Executive
and records. Effective from the date indicated in the notice, he Judge shall immediately order the Clerk of Court to post in a conspicuous place
shall immediately cease to perform notarial acts. In the event of his in the offices of the Executive Judge and of the Clerk of Court the names of
incapacity to personally appear, the submission of the notice may notaries public who have been administratively sanctioned or whose notarial
be performed by his duly authorized representative. commissions have been revoked.
Sec. 3. Publication of Resignation. - The Executive Judge shall Sec. 4. Death of Notary Public. - If a notary public dies before fulfilling the
immediately order the Clerk of Court to post in a conspicuous place obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive
in the offices of the Executive Judge and of the Clerk of Court the Judge, upon being notified of such death, shall forthwith cause compliance with
names of notaries public who have resigned their notarial the provisions of these sections.
commissions and the effective dates of their resignation.
RULE XII
RULE XI SPECIAL PROVISIONS
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
Sec. 1. Punishable Acts. - The Executive Judge shall cause the prosecution of any
Sec. 1. Revocation and Administrative Sanctions. – person who:
(a) The Executive Judge shall revoke a notarial commission for (a) knowingly acts or otherwise impersonates a notary public;
any ground on which an application for a commission may be (b) knowingly obtains, conceals, defaces, or destroys the seal, notarial
denied. register, or official records of a notary public; and
(b) In addition, the Executive Judge may revoke the commission (c) knowingly solicits, coerces, or in any way influences a notary public to
of, or impose appropriate administrative sanctions upon, any commit official misconduct.
notary public who:
(1) fails to keep a notarial register; Sec. 2. Reports to the Supreme Court. - The Executive Judge concerned shall
(2) fails to make the proper entry or entries in his notarial submit semestral reports to the Supreme Court on discipline and prosecution of
register concerning his notarial acts; notaries public.
(3) fails to send the copy of the entries to the Executive
Judge within the first ten (10) days of the month RULE XIII
following; REPEALING AND EFFECTIVITY PROVISIONS
(4) fails to affix to acknowledgments the date of expiration
of his commission; Sec. 1. Repeal. - All rules and parts of rules, including issuances of the Supreme
(5) fails to submit his notarial register, when filled, to the Court inconsistent herewith, are hereby repealed or accordingly modified.
Executive Judge;
(6) fails to make his report, within a reasonable time, to the Sec. 2. Effective Date. - These Rules shall take effect on the first day of August
Executive Judge concerning the performance of his 2004, and shall be published in a newspaper of general circulation in the
duties, as may be required by the judge; Philippines which provides sufficiently wide circulation.
(7) fails to require the presence of a principal at the time of
the notarial act; Promulgated this 6th day of July, 2004.
(8) fails to identify a principal on the basis of personal
knowledge or competent evidence; B.M. No. 850 August 22, 2000
(9) executes a false or incomplete certificate under Section MANDATORY CONTINUING LEGAL EDUCATION (MCLE)
5, Rule IV; ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR
(10) knowingly performs or fails to perform any other act MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES
prohibited or mandated by these Rules; and
(11) commits any other dereliction or act which in the EN BANC
judgment of the Executive Judge constitutes good cause RESOLUTION
for revocation of commission or imposition of
administrative sanction. Considering the Rules on Mandatory Continuing Legal Education (MCLE) for
(c) Upon verified complaint by an interested, affected or members of the Integrated Bar of the Philippines (IBP), recommended by the
aggrieved person, the notary public shall be required to file a IBP, endorsed by the Philippine Judicial Academy, and reviewed and passed
verified answer to the complaint.
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upon by the Supreme Court Committee on Legal Education, the Court hereby
If the answer of the notary public is not satisfactory, the resolves to adopt, as it hereby adopts, the following rules for proper
Executive Judge shall conduct a summary hearing. If the implementation:
allegations of the complaint are not proven, the complaint
shall be dismissed. If the charges are duly established, the RULE 1
Executive Judge shall impose the appropriate administrative PURPOSE
sanctions. In either case, the aggrieved party may appeal the
decision to the Supreme Court for review. Pending the Sec. 1. Purpose of the MCLE. Continuing legal education is required of members
appeal, an order imposing disciplinary sanctions shall be of the Integrated Bar of the Philippines (IBP) to ensure that throughout their
immediately executory, unless otherwise ordered by the career, they keep abreast with law and jurisprudence, maintain the ethics of
Supreme Court. the profession and enhance the standards of the practice of law.
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remaining in the compliance period. Fractions of hours shall be rounded
RULE 2 up to the next whole number.
MANDATORY CONTINUING LEGAL EDUCATION
RULE 4
Sec. 1. Constitution of the MCLE Committee. Within two (2) months COMPUTATION OF CREDIT UNITS
from the approval of these Rules by the Supreme Court En Banc,
the MCLE Committee shall be constituted in accordance with these Sec. 1. Guidelines The following are the guidelines for computation of credit
Rules. units (CU):
PROGRAMS; CREDIT UNITS; SUPPORTING DOCUMENTS
Sec. 2. Requirements of completion of MCLE. Members of the IBP 1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-HOUSE
not exempt under Rule 7 shall complete, every three (3) years, at EDUCATION PROGRAMS, WORKSHOPS, DIALOGUES, ROUND TABLE
least thirty-six (36) hours of continuing legal education activities DISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND OTHER
approved by the MCLE Committee. Of the 36 hours: RELATED RULES
(a) At least six (6) hours shall be devoted to legal ethics. PARTICIPANT 1 CU PER HOUR CERTIFICATE OF ATTENDANCE WITH
(b) At least (4) hours shall be devoted to trial and pretrial skills. NUMBER OF HOURS
(c) At least five (5) hours shall be devoted to alternative dispute 1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE OR
resolution. SPONSOR'S CERTIFICATION
(d) At least nine (9) hours shall be devoted to updates on RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S
substantive and procedural laws, and jurisprudence. SPEAKER CERTIFICATION
(e) At least four (4) hours shall be devoted to legal writing and ASSIGNED 2 CU PER HOUR CERTIFICATION FROM SPONSORING
oral advocacy. PENALIST/ ORGANIZATION REACTOR/COMMENTATOR
(f) At least two (2) hours shall be devoted to international law MODERATOR/ 2 CU PER HOUR CERTIFICATION FROM SPONSORING
and international conventions. COORDINATOR/ ORGANIZATION FACILITATOR
(g) The remaining six (6) hours shall be devoted to such subjects 2. AUTHORSHIP, EDITING AND REVIEW
as may be prescribed by the MCLE Committee. RESEARCH/ 5-10 CREDIT UNITS DULY CERTIFIED/PUBLISHED
INNOVATIVE TECHNICAL REPORT/PAPER PROGRAM/CREATIVE
RULE 3 PROJECT
COMPLIANCE PERIOD BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE AUTHOR 12-16 CU
17-20 CU
Sec. 1. Initial compliance period. The initial compliance period shall 2 AUTHORS 10-12 CU 13-16 CU
begin not later than three (3) months from the constitution of the 3 OR MORE 5-6 CU 7-11 CU
MCLE Committee. Except for the initial compliance period for BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK WITH PROOF
members admitted or readmitted after the establishment of the AUTHORSHIP AS EDITOR CATEGORY
program, all compliance periods shall be for thirty-six (36) months LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE SINGLE AUTHOR 6
and shall begin the day after the end of the previous compliance CU 8 CU
period. 2 AUTHORS 4 CU 6 CU
3 OR MORE 2 CU 4 CU
Sec. 2. Compliance Group 1. Members in the National Capital LEGAL 3-6 CU PER ISSUE PUBLISHED NEWSLETTER/JOURNAL
Region (NCR) or Metro Manila shall be permanently assigned to NEWSLETTER/LAW JOURNAL EDITOR
Compliance Group 1. 3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF LAW DEAN CHAIR/BAR
1 CU PER LECTURE OR BAR REVIEW DIRECTOR REVIEW/ HOUR
Sec. 3. Compliance Group 2. Members in Luzon outside NCR shall LECTURE/LAW TEACHING
be permanently assigned to Compliance Group 2.
Sec. 2. Limitation on certain credit units. In numbers 2 and 3 of the guidelines in
Sec. 4. Compliance Group 3. Members in Visayas and Mindanao the preceding Section, the total maximum credit units shall not exceed twenty
shall be permanently assigned to Compliance Group 3. (20) hours per three (3) years.
Sec. 5. Compliance period for members admitted or readmitted RULE 5

after establishment of the program. Members admitted or CATEGORIES OF CREDIT
readmitted to the Bar after the establishment of the program shall
be permanently assigned to the appropriate Compliance Group Sec. 1. Classes of credits The credits are either participatory or non-
based on their Chapter membership on the date of admission or participatory.
readmission.
The initial compliance period after admission or readmission shall Sec. 2. Claim for participatory credit. Participatory credit may be claimed for:
begin on the first day of the month of admission or readmission (a) Attending approved education activities like seminars, conferences,
and shall end on the same day as that of all other members in the symposia, in-house education programs, workshops, dialogues or round
same Compliance Group. table discussions.
(a) Where four (4) months or less remain of the initial compliance (b) Speaking or lecturing, or acting as assigned panelist, reactor,
period after admission or readmission, the member is not commentator, resource speaker, moderator, coordinator or facilitator in
required to comply with the program requirement for the approved education activities.
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initial compliance. (c) Teaching in a law school or lecturing in a bar review class.
(b) Where more than four (4) months remain of the initial
compliance period after admission or readmission, the Sec. 3. Claim for non-participatory credit Non-participatory credit may be
member shall be required to complete a number of hours of claimed per compliance period for:
approved continuing legal education activities equal to the (a) Preparing, as an author or co-author, written materials published or
number of months remaining in the compliance period in accepted for publication, e.g., in the form of an article, chapter, book, or
which the member is admitted or readmitted. Such member book review which contribute to the legal education of the author
shall be required to complete a number of hours of education member, which were not prepared in the ordinary course of the
in legal ethics in proportion to the number of months member's practice or employment.
(b) Editing a law book, law journal or legal newsletter.
133
Sec. 1. Approval of MCLE program. Subject to the rules as may be adopted by
RULE 6 the MCLE Committee, continuing legal education program may be granted
COMPUTATION OF CREDIT HOURS approval in either of two (2) ways: (1) the provider of the activity is an
approved provider and certifies that the activity meets the criteria of Section 3
Sec. 1. Computation of credit hours. Credit hours are computed of this Rules; and (2) the provider is specially mandated by law to provide
based on actual time spent in an activity (actual instruction or continuing legal education.
speaking time), in hours to the nearest one-quarter hour.
Sec. 2. Standards for all education activities. All continuing legal education
RULE 7 activities must meet the following standards:
EXEMPTIONS (a) The activity shall have significant current intellectual or practical content.
(b) The activity shall constitute an organized program of learning related to
Sec. 1. Parties exempted from the MCLE. The following members of legal subjects and the legal profession, including cross profession activities
the Bar are exempt from the MCLE requirement: (e.g., accounting-tax or medical-legal) that enhance legal skills or the
(a) The President and the Vice President of the Philippines, and ability to practice law, as well as subjects in legal writing and oral
the Secretaries and Undersecretaries of Executives advocacy.
Departments; (c) The activity shall be conducted by a provider with adequate professional
(b) Senators and Members of the House of Representatives; experience.
(c) The Chief Justice and Associate Justices of the Supreme Court, (d) Where the activity is more than one (1) hour in length, substantive
incumbent and retired members of the judiciary, incumbent written materials must be distributed to all participants. Such materials
members of the Judicial and Bar Council, incumbent members must be distributed at or before the time the activity is offered.
of the Mandatory Continuing Legal Education Committee, (e) In-house education activities must be scheduled at a time and location so
incumbent court lawyers who have availed of the Philippine as to be free from interruption like telephone calls and other distractions.
Judicial Academy program of continuing judicial education;
(as amended by July 14, 2004 Resolution of the SC en banc) RULE 9
(d) The Chief State Counsel, Chief State Prosecutor and Assistant APPROVAL OF PROVIDERS
Secretaries of the Department of Justice;
(e) The Solicitor General and the Assistant Solicitor General; Sec 1. Approval of providers. Approval of providers shall be done by the MCLE
(f) The Government Corporate Counsel, Deputy and Assistant Committee.
Government Corporate Counsel;
(g) The Chairmen and Members of the Constitutional Sec. 2. Requirements for approval of providers. Any persons or group may be
Commissions; approved as a provider for a term of two (2) years, which may be renewed,
(h) The Ombudsman, the Overall Deputy Ombudsman, the upon written application. All providers of continuing legal education activities,
Deputy Ombudsmen and the Special Prosecutor of the Office including in-house providers, are eligible to be approved providers. Application
of the Ombudsman; for approval shall:
(i) Heads of government agencies exercising quasi-judicial (a) Be submitted on a form provided by the IBP;
functions; (b) Contain all information requested on the form;
(j) Incumbent deans, bar reviews and professors of law who (c) Be accompanied by the approval fee;
have teaching experience for at least 10 years accredited law
schools; Sec. 3. Requirements of all providers. All approved providers shall agree to the
(k) The Chancellor, Vice-Chancellor and members of the Corps of following:
Professors and Professorial Lectures of the Philippine Judicial (a) An official record verifying the attendance at the activity shall be
Academy; and maintained by the provider for at least four (4) years after the completion
(l) Governors and Mayors. date. The provider shall include the member on the official record of
attendance only if the member's signature was obtained at the time of
Sec. 2. Other parties exempted from the MCLE. The following attendance at the activity. The official record of attendance shall contain
Members of the Bar are likewise exempt: the member's name and number in the Roll of Attorneys and shall identify
(a) Those who are not in law practice, private or public. the time, date, location, subject matter, and length of the education
(b) Those who have retired from law practice with the approval activity. A copy of such record shall be furnished the IBP.
of the IBP Board of Governors. (b) The provider shall certify that:
(1) This activity has been approved for MCLE by the IBP in the amount
Sec. 3. Good cause for exemption from or modification of of ________ hours of which hours will apply in (legal ethics, etc.), as
requirement. A member may file a verified request setting forth appropriate to the content of the activity;
good cause for exemption (such as physical disability, illness, post (2) The activity conforms to the standards for approved education
graduate study abroad, proven expertise in law, etc.) from activities prescribed by these Rules and such regulations as may be
compliance with or modification of any of the requirements, prescribed by the IBP pertaining to MCLE.
including an extension of time for compliance, in accordance with a (c) The provider shall issue a record or certificate to all participants
procedure to be established by the MCLE Committee. identifying the time, date, location, subject matter and length of the
activity.
Sec. 4. Change of status. The compliance period shall begin on the (d) The provider shall allow in-person observation of all approved continuing
first day of the month in which a member ceases to be exempt legal education activities by members of the IBP Board of Governors, the
SIGMA LEGIS COPY
under Sections 1, 2, or 3 of this Rule and shall end on the same day MCLE Committee, or designees of the Committee and IBP staff for
as that of all other members in the same Compliance Group. purposes of monitoring compliance with these Rules.
(e) The provider shall indicate in promotional materials, the nature of the
Sec. 5. Proof of exemption. Applications for exemption from or activity, the time devoted to each devoted to each topic and identify of
modification of the MCLE requirement shall be under oath and the instructors. The provider shall make available to each participant a
supported by documents. copy of IBP-approved Education Activity Evaluation Form.
(f) The provider shall maintain the completed Education Activity Evaluation
RULE 8 Forms for a period of not less than one (1) year after the activity, copy
STANDARDS FOR APPROVAL OF EDUCATION ACTIVITIES furnished the IBP.
134
(g) Any person or group who conducts an unauthorized activity DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE FOR LISTING
under this program or issues a spurious certificate in violation AS A DELINQUENT MEMBER.
of these Rules shall be subject to appropriate sanctions. The Member may use this period to attain the adequate number of credit hours
for compliance. Credit hours earned during this period may only be counted
Sec. 4. Renewal of provider approval. The approval of a provider toward compliance with the prior compliance period requirement unless hours
may be renewed every two (2) years. It may be denied if the in excess of the requirement are earned, in which case, the excess hours may
provider fails to comply with any of the requirements of these be counted toward meeting the current compliance period requirement.
Rules or fails to provide satisfactory education activities for the
preceding period. RULE 13
CONSEQUENCES OF NON-COMPLIANCE
Sec. 5. Revocation of provider approval. The approval of any
provider referred to in Rule 9 may be revoked by a majority vote of Sec. 1. Non-compliance fee. A member who, for whatever reason, is in non-
the IBP Board of Governors, upon recommendation of the MCLE compliance at the end of the compliance period shall pay a non-compliance fee.
Committee, after notice and hearing and for good cause.
Sec. 2. Listing as delinquent member. Any member who fails to satisfactorily
RULE 10 comply with Section 2 of Rule 12 shall be listed as a delinquent member by the
ACTIVITY AND PROVIDER APPROVAL FEE IBP Board of Governors upon the recommendation of the MCLE Committee, in
which case, Rule 139-A of the Rules of Court shall apply.
Sec. 1. Payment of fees. Application for approval of an education
activity or as a provider requires payment of an appropriate fee. RULE 14
REINSTATEMENT
RULE 11
GENERAL COMPLIANCE PROCEDURES Sec. 1. Process.The involuntary listing as a delinquent member shall be
terminated when the member provides proof of compliance with the MCLE
Sec. 1. Compliance card. Each member shall secure from the MCLE requirement, including payment of non-compliance fee. A member may attain
Committee a Compliance Card before the end of his compliance the necessary credit hours to meet the requirement for the period of non-
period. He shall complete the card by attesting under oath that he compliance during the period the member is on inactive status. These credit
has complied with the education requirement or that he is exempt, hours may not be counted toward meeting the current compliance period
specifying the nature of the exemption. Such Compliance Card requirement. Credit hours attained during the period of non-compliance in
must be returned to the address indicated therein not later than excess of the number needed to satisfy the prior compliance period
the day after the end of the member's compliance period. requirement may be counted toward meeting the current compliance period
requirement.
Sec. 2. Member record keeping requirement. Each member shall
maintain sufficient record of compliance or exemption, copy Sec. 2. Termination of delinquent listing administrative process. The termination
furnished the MCLE Committee. The record required to be of listing as a delinquent member is administrative in nature but it shall be
provided to the members by the provider pursuant to Section 3(c) made with notice and hearing by the MCLE Committee.
of Rule 9 should be sufficient record of attendance at a
participatory activity. A record of non-participatory activity shall RULE 15
also be maintained by the member, as referred to in Section 3 of MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE
Rule 5.
Sec 1. Composition. The MCLE Committee shall be composed of five (5)
RULE 12 members, namely: a retired Justice of the Supreme Court, as Chair, and four (4)
NON-COMPLIANCE PROCEDURES members, respectively, nominated by the IBP, the Philippine Judicial Academy,
a law center designated by the Supreme Court and associations of law schools
Sec. 1. What constitutes non-compliance. The following shall and/or law professors.
constitute non-compliance The members of the Committee shall be of proven probity and integrity. They
(a) Failure to complete the education requirement within the shall be appointed by the Supreme Court for a term of three (3) years and shall
compliance period; receive such compensation as may be determined by the Court.
(b) Failure to provide attestation of compliance or exemption;
(c) Failure to provide satisfactory evidence of compliance Sec. 2. Duty of the Committee.The MCLE Committee shall administer and adopt
(including evidence of exempt status) within the prescribed such implementing rules as may be necessary subject to the approval by the
period; Supreme Court. It shall, in consultation with the IBP Board of Governors,
(d) Failure to satisfy the education requirement and furnish prescribe a schedule of MCLE fees with the approval of the Supreme Court.
evidence of such compliance within sixty (60) days from
receipt of a non-compliance notice; Sec. 3. Staff of the IBP. The IBP shall employ such staff as may be necessary to
(e) Any other act or omission analogous to any of the foregoing perform the record-keeping, auditing, reporting, approval and other necessary
or intended to circumvent or evade compliance with the functions.
MCLE requirements.
Sec. 4. Submission of annual budget. The IBP shall submit to the Supreme Court
Sec. 2. Non-compliance notice and 60-day period to attain an annual budget for a subsidy to establish, operate and maintain the MCLE
SIGMA LEGIS COPY
compliance. A member failing to comply will receive a Non- Program.

Compliance Notice stating the specific deficiency and will be given This resolution shall take effect in October 2000, following its publication in two
sixty (60) days from the date of notification to explain the (2) newspaper of general circulation in the Philippines.
deficiency or otherwise show compliance with the requirements.
Such notice shall contain, among other things, the following Adopted this 22nd day of August, 2000.
language in capital letters:
YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION
FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE ANNEXED
WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 LEGISLATIVE AND
EXECUTIVE ISSUANCES
135
indigent litigant the travel allowance out of any funds in his possession and
R.A. 6033 (1969) proceed without delay to the trial of the case. The provincial, city or municipal
treasurer shall hold any such payments as cash items until reimbursed by the
AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL national government.
CASES WHERE THE PARTY OR PARTIES INVOLVE ARE INDIGENTS.
Sec. 3. All payments of travel allowances made by provincial, city and municipal
treasurer under this Act as of October 31 each year, shall be transmitted to the
Sec. 1. Any provision of existing law to be contrary notwithstanding Commissioner of the Budget not later than November 30 each year for
and with the exception of habeas corpus and election cases and inclusion in the annual General Appropriations Act. The necessary sum is
cases involving detention prisoners, and persons covered by hereby authorized to be appropriated out of the funds in the National Treasury
Republic Act Numbered Four thousand nine hundred eight, all not otherwise appropriated.
courts shall give preference to the hearing and/or disposition of
criminal cases where an indigent is involved either as the offended Sec. 4. This Act shall take effect upon its approval.
party or accused. The trial in these cases shall commence within
three days from date of arraignment and no postponement of the Approved: August 4, 1969
hearings shall be granted except on the ground of illness of the
accused or other similar justifiable grounds. City and provincial
fiscals and courts shall forthwith conduct the preliminary RA 6035 (1969)
investigation of a criminal case involving an indigent within three
days after its filing and shall terminate the same within two weeks.
AN ACT REQUIRING STENOGRAPHERS TO GIVE FREE TRANSCRIPT OF NOTES TO
Sec. 2. As used in this Act, the term "indigent" shall refer to a INDIGENT AND LOW INCOME LITIGANTS AND PROVIDING A PENALTY FOR THE
person who has no visible means of income or whose income is VIOLATION THEREOF.
insufficient for the subsistence of his family, to be determined by
the fiscal or judge, taking into account the members of his family Sec. 1. A stenographer who has attended a hearing before an investigating
dependent upon him for subsistence. fiscal or trial judge or hearing commissioner of any quasi-judicial body or
administrative tribunal and has officially taken notes of the proceeding thereof
Sec. 3. An indigent who is the offended party, respondent or an shall, upon written request of an indigent or low income litigant, his counsel or
accused in a criminal case and who desires to avail of the duly authorized representative in the case concerned, give within a reasonable
preference granted under this Act shall file a sworn statement of period to be determined by the fiscal, judge, commissioner or tribunal hearing
the fact of his being indigent and the said sworn statement shall be the case, a free certified transcript of notes take by him on the case.
sufficient basis for the court or fiscal to give preference to the trial
and disposition of such criminal case. Sec. 2. A litigant who desires to avail himself of the privilege granted under
Section one hereof shall, at the investigation, hearing, or trial, establish his
status as an indigent or low income litigant and the investigating fiscal or judge
Sec. 4. Any wilful or malicious refusal on the part of any fiscal or or commissioner or tribunal hearing the case shall resolve the same in the same
judge to carry out the provisions of this Act shall constitute proceeding.
sufficient ground for disciplinary action which may include For the purpose of this Act, an "indigent or low income litigant" shall include
suspension or removal. anyone who has no visible means of support or whose income does not exceed
P300 per month or whose income even in excess of P300 per month is
insufficient for the subsistence of his family, which fact shall be determined by
Sec. 5. This Act shall take effect upon its approval. the investigating fiscal or trial judge or commissioner or tribunal hearing the
case taking into account the number of the members of his family dependent
Approved: August 4, 1969 upon him for subsistence.
Sec. 3. Any stenographer who, after due hearing in accordance with the
RA 6034 (1969) pertinent provisions of R.A. 2260, as amended, has been found to have violated
the provisions of Section one of this Act or has unreasonable delayed the giving
AN ACT PROVIDING TRANSPORTATION AND OTHER ALLOWANCES of a free certified transcript of notes to an indigent or low income litigant shall
FOR INDIGENT LITIGANTS. be subject to the following disciplinary actions:
b. suspension from office for a period not exceeding thirty (30) days upon
Sec. 1. Any provision of existing law to the contrary finding of guilt for the first time;
notwithstanding, any indigent litigant may, upon motion, ask the c. (b) suspension from office for not less than thirty (30) days and not more
Court for adequate travel allowance to enable him and his indigent than sixty (60) days upon finding of guilt for the second time; and
witnesses to attendant the hearing of a criminal case commenced d. removal from office upon finding of guilt for the third time.
by his complaint or filed against him. The allowance shall cover
actual transportation expenses by the cheapest means from his Sec. 4. This Act shall apply to all indigent or low income litigants who, at the
place of residence to the court and back. When the hearing of the time of its approval, have pending cases in any fiscal office, court, or quasi-
case requires the presence of the indigent litigant and/or his judicial body or administrative tribunal.
SIGMA LEGIS COPY
indigent witnesses in court the whole day or for two or more

consecutive days, allowances may, in the discretion of the Court, Sec. 5. The Department of Justice shall prescribe such rules and regulations as
also cover reasonable expenses for meal and lodging. may be necessary to carry out the purposes of this Act, and the Department
For the purpose of this Act, indigent litigants shall include anyone Head concerned shall provide the necessary supplies and authorize the use of
who has no visible means of income or whose income is insufficient government equipment by the stenographers concerned.
for his family as determined by the Court under Section 2, hereof.
Sec. 6. This Act shall take effect upon its approval.
Sec. 2. If the court determines that the petition for transportation
allowance is meritorious, said court shall immediately issue an Approved: August 4, 1969.
order directing the provincial, city or municipal treasurer to pay the
136
P.D. 543 (1974) to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the
successful apprehension and prosecution of criminal offenders;
AUTHORIZING THE DESIGNATION OF MUNICIPAL JUDGES AND NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by
LAWYERS IN ANY BRANCH OF THE GOVERNMENT SERVICE TO ACT virtue of the powers vested in me by law do hereby decree and order the
AS COUNSEL DE OFICIO FOR THE ACCUSED WHO ARE INDIGENT IN following:
PLACES WHERE THERE ARE NO AVAILABLE PRACTICING ATTORNEYS
Section 1. The penalty of prision correccional in its maximum period, or a fine
WHEREAS, under existing law, Municipal Judges and other lawyers ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person
in the government service are prohibited from practicing law; who knowingly or willfully obstructs, impedes, frustrates or delays the
WHEREAS, there are some places where there are no available legal apprehension of suspects and the investigation and prosecution of criminal
practitioners, as a result of which the trial of cases in court is cases by committing any of the following acts:
delayed to the prejudice particularly of detention prisoners; (a) preventing witnesses from testifying in any criminal proceeding or from
WHEREAS, for the protection of the rights of the accused who reporting the commission of any offense or the identity of any offender/s
cannot afford to hire lawyers from other places and to prevent by means of bribery, misrepresentation, deceit, intimidation, force or
miscarriage of justice, it is necessary that they be provided with threats;
counsel; (b) altering, destroying, suppressing or concealing any paper, record,
document, or object, with intent to impair its verity, authenticity,
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the legibility, availability, or admissibility as evidence in any investigation of or
Philippines, by virtue of the powers in me vested by the official proceedings in, criminal cases, or to be used in the investigation of,
Constitution as commander-in-Chief of the Armed Forces of the or official proceedings in, criminal cases;
Philippines, and pursuant to Proclamation No. 1081, dated (c) harboring or concealing, or facilitating the escape of, any person he
September 21, 1972, and General Order No. 1, dated September knows, or has reasonable ground to believe or suspect, has committed
22, 1972, as amended, do hereby order and decree as follows: any offense under existing penal laws in order to prevent his arrest
prosecution and conviction;
Sec. 1. Designation of Municipal Judges and lawyers in any branch (d) publicly using a fictitious name for the purpose of concealing a crime,
of the government service, as counsel de oficio. In places where evading prosecution or the execution of a judgment, or concealing his
there are no available practicing lawyers, the District Judge or true name and other personal circumstances for the same purpose or
Circuit Criminal Court Judge shall designate a municipal judge or a purposes;
lawyer employed in any branch, subdivision or instrumentality of (e) delaying the prosecution of criminal cases by obstructing the service of
the government within the province, as counsel de oficio for an process or court orders or disturbing proceedings in the fiscal's offices, in
indigent person who is facing a criminal charge before his court, Tanodbayan, or in the courts;
and the services of such counsel de oficio shall be duly (f) making, presenting or using any record, document, paper or object with
compensated by the Government in accordance with Section thirty- knowledge of its falsity and with intent to affect the course or outcome of
two, Rule One Hundred Thirty Eight of the Rules of Court. the investigation of, or official proceedings in, criminal cases;
If the criminal case wherein the services of a counsel de oficio are (g) soliciting, accepting, or agreeing to accept any benefit in consideration of
needed is pending before a City or municipal court, the city or abstaining from, discounting, or impeding the prosecution of a criminal
municipal judge concerned shall immediately recommend to the offender;
nearest District Judge the appointment of a counsel de oficio, and (h) threatening directly or indirectly another with the infliction of any wrong
the District Judge shall forthwith appoint one in accordance with upon his person, honor or property or that of any immediate member or
the preceding paragraph. members of his family in order to prevent such person from appearing in
For purposes of this Decree an indigent person is anyone who has the investigation of, or official proceedings in, criminal cases, or imposing
no visible means of support or whose income does not exceed a condition, whether lawful or unlawful, in order to prevent a person from
P300 per month or whose income even in excess of P300 is appearing in the investigation of or in official proceedings in, criminal
insufficient for the subsistence of his family, which fact shall be cases;
determined by the Judge in whose court the case is pending, taking (i) giving of false or fabricated information to mislead or prevent the law
into account the number of the members of his family dependent enforcement agencies from apprehending the offender or from protecting
upon him for subsistence. the life or property of the victim; or fabricating information from the data
gathered in confidence by investigating authorities for purposes of
Sec. 2. Repealing Clause. All laws and decrees inconsistent with this background information and not for publication and publishing or
Decree are hereby repealed. disseminating the same to mislead the investigator or to the court.
If any of the acts mentioned herein is penalized by any other law with a higher
Section 3. Effectivity. This Decree shall take effect immediately. penalty, the higher penalty shall be imposed.
DONE in the City of Manila, this 21st day of August, in the year of Sec. 2. If any of the foregoing acts is committed by a public official or employee,
Our Lord, nineteen hundred and seventy-four. he shall in addition to the penalties provided thereunder, suffer perpetual
disqualification from holding public office.
Sec. 3. This Decree shall take effect immediately.

P.D. 1829. (1981)
SIGMA LEGIS COPY
Done in the City of Manila, this 16th day of January, in the year of Our Lord,
nineteen hundred and eighty-one.
PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION
OF CRIMINAL OFFENDERS
WHEREAS, crime and violence continue to proliferate despite the

sustained vigorous efforts of the government to effectively contain
them;
WHEREAS, to discourage public indifference or apathy towards the
apprehension and prosecution of criminal offenders, it is necessary
137

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LEGAL

Sigma Legis Fraternity

THE LEGAL PROFESSION WHAT CONSTITUTES THE PRACTICE OF LAW

chairperson to which he had been nominated because practice

H: Practice of law means any activity, in or out 2. Residence

(2) Compensation- his professional services are  In re Telesforo Diao (1963)

IN A NUTSHELL No applicant shall be admitted to the bar examinations unless

 In re Adriano Hernandez (1993) DISCLOSURE OF INVOLVEMENT IN

 That the bar examination committee has passed Exception 2: Agent

Burden of proof—complainant. litigant in court

 In re Al Argosino (1997)  Question: Can legislature can permit by law a layman to

Exception 3: Litigation by Party

immutable. HOWEVER, his option to secure the

 Rule 1.02. A lawyer shall not counsel RULE 1.03

 Rule 1.02 requires that the lawyer should not NOTES

 In re Terell (1903)  Saburnido v. Madrono (2001)

 Rule 1.04. A lawyer shall encourage  Nunga v. Viray (1999)

licensed as a notary during this entire time.

business by indirection through touters of any kind whether

lawyer’s position, and all other like self-laudation, defy the

The practice is allowed in the U.S. because it is

 En Banc Resolution (1991) PROGRAM

just one. relatives who are in the active practice of law.

More than just paying IBP Membership dues, a lawyer

 cultivate among its members a spirit of

The SC recommended that Atty. de Guzman be

not take advantage of the excusable unpreparedness or

offensive or otherwise improper.

by law may only be performed by a member of the Bar in good

CANON 9 H: Private practice does not pertain to an isolated court

same nature habitually or customarily holding one’s self to the

 Sps. Suarez. v. Salazar (1999) RULE 9.01

 US v Ney (1907) NOTES

CANON 10  Ting Dumali v. Torres (2004)

NOTES observe that the petitioners resorted to a series of actions and

on his part to deceive

judgment. Furthermore, respondent committed

punctuation mark. Only from this Tribunal’s decisions

RULE 10.03 Respect due to the courts.

simply ignores it commits an act within the meaning of the

misconduct. Respondent’s assertion that his

Rule 12.07 A lawyer shall not abuse, browbeat RULE 12.01

(Agpalo) for decision without client’s evidence, to his prejudice.

Duty to assist in the administration of justice RULE 12.02

 Rule 12.05 A lawyer shall refrain from talking to

 Rule 13.02. A lawyer shall not make Limitations on right to criticize

NOTES  There should be a proper sense of vicarious detachment,

RULE 14.01 be honestly debatable under law. He is not to encourage

(Agpalo)  Rule 138 sec. 20 (h), Duties of attorneys. – It is the

 Rule 138, sec. 31 is the general rule for all NOTES

Assignment as counsel de oficio  Rule 14.03. A lawyer may refuse to accept

 Every lawyer should welcome his appointment as

same standard of conduct governing his relations with NOTES

 This canon is based on the character of the attorney-client

Rule 15.06. A lawyer shall not state or imply NOTES

lawyer has no interest which will interfere with his

 Where subject matter of present suit between court.

work out an acceptable settlement since