Legal Ethics: 2022 Golden Notes Faculty of Civil Law University of Santo Tomas Manila

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FACULTY OF CIVIL LAW (1734)
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LEGAL ETHICS
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2022 GOLDEN NOTES

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FACULTY OF CIVIL LAW

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UNIVERSITY OF SANTO TOMAS

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MANILA
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The UST GOLDEN NOTES is the annual student-edited bar review material of
the University of Santo Tomas, Faculty of Civil Law. Communications
regarding the Notes should be addressed to the Academics Committee of the
Team: Bar-Ops.
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Address: Academics Committee
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UST Bar Operations
Faculty of Civil Law
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University of Santo Tomas
España, Manila 1008
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Tel. No: (02) 8731-4027
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Academics Committee
Faculty of Civil Law
University of Santo Tomas
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España, Manila 1008
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All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal
University of Santo Tomas, the Catholic University of the Philippines.
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2022 Edition.
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No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes,
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form, for distribution or sale, without a written permission.

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Released in the Philippines, 2022.

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Faculty of Civil Law (1734)
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ACADEMIC YEAR 2021-2022
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CIVIL LAW STUDENT COUNCIL
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NATHAN RAPHAEL D.L. AGUSTIN PRESIDENT
STEPHEN FLOYD A. GOPEZ VICE PRESIDENT INTERNAL
NICOLO B. BONGOLAN VICE PRESIDENT EXTERNAL
PATRICIA INGRID M. SEE SECRETARY
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JULIENNE CELINE G. OGAYON TREASURER
IVAN ARNIE C. QUIAMCO PUBLIC RELATIONS OFFICER
KAREN DARYL L. BRITO CHIEF-OF-STAFF
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UST BAR-OPS
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SARAH ANGELA D. EVA CHAIRPERSON

JUSTINE RENEE GERVACIO VICE-CHAIRPERSON
MA. ANDREA D. CABATU SECRETARY
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JAN YSABEL U. DE LEON HEAD, PUBLIC RELATIONS OFFICER

PAULINNE STEPHANY G. SANTIAGO HEAD, FINANCE COMMITTEE
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KAREN DARYL L. BRITO HEAD, HOTEL ACCOMMODATIONS COMMITTEE

RALPH DOMINIC V. MARTINEZ HEAD, LOGISTICS COMMITTEE
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JEDIDIAH R. PADUA SENIOR MEMBER

SABINA MARIA H. MABUTAS SENIOR MEMBER
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JOSEPHINE GRACE W. ANG SENIOR MEMBER

REBECCA JOY M. MALITAO SENIOR MEMBER
JOHN FREDERICK A. NOJARA SENIOR MEMBER
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ATTY. AL CONRAD B. ESPALDON

ADVISER
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ACADEMICS COMMITTEE 2022
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FRANCINE BLAISE M. LOJA SECRETARY GENERAL
JOANNA NICOLE A. PAZ SECRETARY GENERAL
MARC GABRIEL A. ABELLA EXECUTIVE COMMITTEE for LEGAL ETHICS
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KIARA LOUISE T. BALIWAG EXECUTIVE COMMITTEE for CRIMINAL LAW
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EXECUTIVE COMMITTEE for LABOR LAW AND
DANIELLE B. BARANDA
SOCIAL LEGISLATION
MA. CARMINA A. DIETA EXECUTIVE COMMITTEE for CIVIL LAW
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DAINIELE RENEE R. FAJILAGUTAN EXECUTIVE COMMITTEE for REMEDIAL LAW
GEORJHIA CZARINAH Q. MALALUAN EXECUTIVE COMMITTEE for COMMERCIAL LAW
MARIA CRISANTA M. PALOMA EXECUTIVE COMMITTEE for POLITICAL LAW
MIKAELA CECILLE S. SILVERIO EXECUTIVE COMMITTEE for TAXATION LAW
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JERICHO SIMON H. DU COVER DESIGN ARTIST
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LEGAL ETHICS COMMITTEE 2022

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MICHAEL GINO D. AZURIN

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LEGAL ETHICS SUBJECT HEAD
MEMBERS
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MARY GENELLE S. CLEOFAS

JHEA VERONICA V. MENDOZA
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PRECIOUS JOY D. PACIONELA

JHADE C. QUIAMCO
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ASTRID A. SOLIS
DANA BERNICE D.J. VELARDE
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ATTY. ABRAHAM D. GENUINO, II

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ADVISER
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UNIVERSITY OF SANTO TOMAS
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ACADEMIC OFFICIALS
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ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABAÑO, O.P.
DEAN REGENT
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ATTY. ARTHUR B. CAPILI

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FACULTY SECRETARY
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ATTY. ELGIN MICHAEL C. PEREZ

LEGAL COUNSEL
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UST CHIEF JUSTICE ROBERTO CONCEPCION LEGAL AID CLINIC

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JUDGE PHILIP A. AGUINALDO

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SWDB COORDINATOR
LENY G. GADIANA, R.G.C.

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GUIDANCE COUNSELOR
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OUR DEEPEST APPRECIATION TO OUR
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MENTORS AND INSPIRATION
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Justice Amy C. Lazaro-Javier
Justice Myra G. Fernandez
Justice Georgina D. Hidalgo ZA
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Judge Philip A. Aguinaldo
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Judge Eduardo B. Bellosillo

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Judge Noli C. Diaz

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Judge Oscar B. Pimentel

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Dean Jose I. Dela Rama, Jr.

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Atty. Arnold E. Cacho

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Atty. Joseph Ferdinand M. Dechavez

Atty. Elgin Michael C. Perez
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Atty. Abraham D. Genuino, II

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For being our guideposts in understanding the intricate sphere of Legal Ethics.
– Academics Committee 2022
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DISCLAIMER
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THE RISK OF USE OF THIS BAR
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REVIEW MATERIAL SHALL BE

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BORNE BY THE USER

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Table of Contents
I. THE CODE OF PROFESSIONAL RESPONSIBILITY ........................................................................................................1
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A. TO SOCIETY (CANONS 1 to 6) ........................................................................................................................................ 3
RESPECT FOR LAW AND LEGAL PROCESSES ............................................................................................................................. 3
EFFICIENT AND CONVENIENT LEGAL SERVICES ................................................................................................................. 15
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TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION ON LEGAL SERVICES ................................ 20
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PARTICIPATION IN THE IMPROVEMENT AND REFORMS IN THE LEGAL SYSTEM .............................................. 23
PARTICIPATION IN THE LEGAL EDUCATION PROGRAM .................................................................................................. 24
LAWYERS IN THE GOVERNMENT AND DISCHARGE OF OFFICIAL TASKS ................................................................ 25
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B. TO THE LEGAL PROFESSION (CANONS 7 TO 9) .................................................................................................... 28
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INTEGRATED BAR OF THE PHILIPPINES (IBP) ..................................................................................................................... 28
MEMBERSHIP AND DUES ................................................................................................................................................................. 31
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UPHOLDING THE DIGNITY AND INTEGRITY OF THE PROFESSION ............................................................................. 33
COURTESY, FAIRNESS, AND CANDOR TOWARDS PROFESSIONAL COLLEAGUES ................................................. 36
NO ASSISTANCE IN UNAUTHORIZED PRACTICE OF LAW ................................................................................................ 41
C. TO THE COURTS (CANONS 10-13) ............................................................................................................................ 44
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CANDOR, FAIRNESS & GOOD FAITH TO THE COURTS........................................................................................................ 44
RESPECT FOR COURTS AND JUDICIAL OFFICERS ................................................................................................................. 47
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ASSISTANCE IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE ..................................................... 53
RELIANCE ON MERITS OF CASE AND AVOIDANCE FROM ANY IMPROPRIETY WHICH TENDS TO
INFLUENCE OR GIVES THE APPEARANCE OF INFLUENCE UPON THE COURTS .................................................... 59
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D. TO THE CLIENTS (CANONS 14-22) ........................................................................................................................... 61

AVAILABILITY OF SERVICE WITHOUT DISCRIMINATION ................................................................................................ 63
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CLIENT’S MONEY AND PROPERTIES .......................................................................................................................................... 80

FIDELITY TO CLIENT’S CAUSE ....................................................................................................................................................... 87
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COMPETENCE AND DILIGENCE..................................................................................................................................................... 88

REPRESENTATION WITH ZEAL..................................................................................................................................................... 94
WITHIN LEGAL BOUNDS .................................................................................................................................................................. 94
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ATTORNEY’S FEES ............................................................................................................................................................................... 99

PRESERVATION OF CLIENT’S CONFIDENCES ...................................................................................................................... 115
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WITHDRAWAL OF SERVICES....................................................................................................................................................... 118

DUTIES OF LAWYERS IN CASE OF DEATH OF PARTIES REPRESENTED ................................................................. 121
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E. THE LAWYER’S OATH ................................................................................................................................................... 122

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DUTIES AND RESPONSIBILITIES OF A LAWYER ................................................................................................................ 122

II. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS (RULE 139; RULE 139-B) ...................... 124
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NATURE AND CHARACTERISTICS OF DISCIPLINARY ACTION AGAINST LAWYERS ......................................... 124

SUI GENERIS ........................................................................................................................................................................................ 126
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PRESCRIPTION OF ACTIONS ........................................................................................................................................................ 127

GROUNDS .............................................................................................................................................................................................. 128
PROCEEDINGS .................................................................................................................................................................................... 131
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PROCEDURE FOR DISBARMENT ................................................................................................................................................ 133

DISCIPLINE OF FILIPINO LAWYERS PRACTICING ABROAD ......................................................................................... 136
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The Code of Professional Responsibility
CHAPTER 3
THE LAWYER AND THE COURTS
I. THE CODE OF PROFESSIONAL
(Canons 10-13)
RESPONSIBILITY
10. Owes candor, fairness and good faith to the
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court
CHAPTER 1
LAWYER AND SOCIETY
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11. Observe and maintain the respect due to the
(Canons 1-6) courts and judicial officers and should insist on
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similar conduct by others
1. Uphold the Constitution and obey the laws of
the land and legal processes 12. Duty to assist in the speedy and efficient
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administration of justice
2. Make legal services available in an efficient and
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convenient manner 13. Rely upon the merits of his/her cause, refrain
from any impropriety which tends to influence
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3. Use true, honest, fair, dignified and objective courts, or give the appearance of influencing the
information in making known legal services courts
4. Participate in the improvement of the legal
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CHAPTER 4
system THE LAWYER AND THE CLIENT
(Canons 14-22)
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5. Keep abreast of legal development and
participate in the continuing legal education 14. Not to refuse services to the needy
program and assist in disseminating
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information regarding the law and 15. Observe candor, fairness and loyalty in all
jurisprudence dealings and transactions with clients
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6. Applicability of the CPR to lawyers in the 16. Hold in trust all the moneys and property of
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government service his/her client that may come to his/her

possession
CHAPTER 2
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THE LAWYER AND THE LEGAL PROFESSION 17. Owes fidelity to client’s cause and be mindful of
(Canons 7-9) the trust and confidence reposed in him/her
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7. At all times uphold the integrity and dignity of 18. Serve client with competence and diligence
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the profession and support the activities of the

IBP 19. Represent client with zeal within the bounds of
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law
8. Conduct oneself with courtesy, fairness and
candor toward his colleagues and avoid
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20. Charge only fair and reasonable fees

harassing tactics against opposing counsel
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21. Preserve the confidence and secrets of the

9. Not to directly or indirectly assist in the client even after the attorney-client relation is
unauthorized practice of law terminated
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22. Withdraw services only for good cause and

upon notice
1 UNIVERSITY OF SANTO TOMAS

Legal Ethics
APPLICABILITY TO JUDGES, JUSTICES AND A: YES. There is an ethical and/or professional

COURT OFFICIALS responsibility problem that results from the
actuation of Atty. Doblar in arguing the reverse
Applicability of the Canons to Judges and positions.
Justices and Other Court Officials (2014 BAR)
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The signatures of Atty. Doblar on the pleadings for
Some administrative cases against judges, justices Eva and for Marla constitute a certificate by him that
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(except Supreme Court Justices who can only be the he has read the pleadings; that to the best of his
subject of impeachment) and court officials who are knowledge, information, and belief, there is good
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lawyers are based on grounds that are likewise ground to support them; and that the pleadings
grounds for the disciplinary action of members of were not interposed for delay (Sec. 3(2) Rule 7, Rules
the Bar for violation of the Lawyer's Oath, the Code of Court). Atty. Doblar could not claim he has
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of Professional Responsibility, and the Canons of complied with the foregoing requirement because
Professional Ethics, or for such other forms of he could not take a stand for Eva that is contrary to
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breaches of conduct that have been traditionally that taken for Marla. His theory for Eva clearly
recognized as grounds for the discipline of lawyers. contradicts his theory for Marla. He has violated his
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professional responsibility mandated under the
Thus, they are required to comment on the Rules of Court.
complaints filed against them and show cause why
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they should not be suspended, disbarred or In counseling on the contradictory positions, Atty.
otherwise disciplinarily sanctioned as a member of Doblar has likewise counseled or abetted activities
the bar. The administrative case shall also be aimed at defiance of the law or at lessening
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considered a disciplinary action against the confidence in the legal system (Rule 1.02, Canon 1,
respondent Justice, judge or court official concerned CPR) because conflicting opinions may result arising
as a member of the Bar. (RE: Automatic Conversion from an interpretation of the same law.
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of Some Administrative Cases Against Justices of the

Court of Appeals and the Sandiganbayan; Judges of Atty. Doblar could not seek refuge under the
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Regular and Special Courts; and Court Officials who umbrella that what he has done was to protect his
are Lawyers as Disciplinary Proceedings against clients. This is so because a lawyer’s duty is not
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Them Both as Such Officials and as Members of the primarily to his client, but to the administration of
Philippine Bar, A.M. No. 02-9-02-SC, 17 Sept. 2002) justice. To that end, his client’s success is wholly
subordinate. His conduct ought to and must always
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Q: Atty. Doblar represents Eva in a contract suit be scrupulously observant of the law and ethics.
against Olga. He is also defending Marla in a
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substantially identical contract suit filed by Any means not honorable, fair, and honest, which is
Emma. On behalf of Eva, Atty. Doblar claims that resorted to by the lawyer, even in the pursuit of his
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the statute of limitations runs from the time of devotion to his client’s cause, is condemnable and
the breach of the contract. In the action against unethical. (Pineda, 1999, citing Maglasang v. People,
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Marla, Atty. Doblar argues the reverse position – G.R. No. 90083, 04 Oct. 1990)
i.e., that the statute of limitation does not run
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until one year after discovery of the breach. Both

cases are assigned to Judge Elrey. Although not
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the sole issue in the two cases, the statute of

limitations issue is critical in both. Is there an
ethical/professional responsibility problem in
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this situation? If a problem exists, what are its

implications or potential consequences? (2013
BAR)
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UNIVERSITY OF SANTO TOMAS 2
2022 GOLDEN NOTES
a deliberate violation of the Code. Is Atty.

A. TO SOCIETY Tansingco guilty of serious misconduct?
(CANONS 1 to 6)
A: YES. Atty. Tansingco is liable for violation of
Canon 1 and of Rule 1.02 of the Code of Professional
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Responsibility (CPR). A lawyer should not render
RESPECT FOR LAW AND LEGAL PROCESSES
any service or give advice to any client, which will
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involve defiance of the laws which he is bound to
CANON 1 uphold and obey. Atty. Tansingco had sworn to
A lawyer shall uphold the Constitution, obey
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uphold the Constitution. Thus, he violated his oath
the laws of the land and promote respect for and the CPR when he prepared and notarized the
law and legal processes.
Occupancy Agreement to evade the law against
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foreign ownership of lands. Atty. Tansingco used his
Two-fold Duty under Canon 1 knowledge of the law to achieve an unlawful end.
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Such an act amounts to malpractice in his office, for
1. Obey the laws and the legal processes; and, which he may be suspended. (Donton v. Atty.
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2. Inspire others to maintain respect and Tansingco, A.C. No. 6057, 27 June 2006)
obedience thereto.
Q: Prosecutor Coronel entered his appearance
NOTE: The portion of Canon 1, which calls for
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on behalf of the State before a Family Court in a
lawyers to “promote respect for law and for legal case for Declaration of Nullity of Marriage, but
processes”, is a call to uphold the Rule of Law. (Funa, he failed to appear in all the subsequent
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2009) proceedings. When required by the Department
of Justice to explain, he argued that the parties
Q: What is the concept of “Rule of Law”? in the case were aptly represented by their
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respective counsels and that his time would be

A: The “supremacy of the law” provides that better employed in more substantial
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decisions should be made by the application of prosecutorial functions, such as investigations,

known legal principles or laws without the inquests and appearances in court hearings. Is
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intervention of discretion in their application. Atty. Coronel’s explanation tenable? (2006 BAR)
(Black’s Law Dictionary)
A: NO. Atty. Coronel’s explanation is not tenable.
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NOTE: A lawyer’s oath to uphold the cause of justice The role of the State’s lawyer in nullification of
is superior to his duty to his client; its primacy is marriage cases is that of protector of the institution
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indisputable. (Cobb-Perez v. Lantin, G.R. No. L-22320, of marriage. (Art. 48, Family Code (FC))
29 July 1968)
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“The task of protecting marriage as an inviolable

Q: Atty. Tansingco was a notary public who social institution requires vigilant and zealous
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prepared and notarized an Occupancy participation and not mere pro forma compliance.”
Agreement at the request of Mr. Stier, the owner (Malcampo-Sin v. Sin, G.R. No. 137590, 26 Mar. 2001)
and long-time resident of a real property located
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in Cubao. Since Mr. Stier is a U.S. Citizen and This role could not be left to the private counsels
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thereby disqualified to own real property in his who have been engaged to protect the private
name, he agreed that the property be interest of the parties.
transferred in the name of Mr. Donton, a
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Filipino. Donton averred that Atty. Tansingco’s Q: Vice Mayor Juan filed a complaint against
act of preparing the Occupancy Agreement, Mayor Urso for alleged violation of the
despite knowledge that Stier is a foreign Government Service Insurance System Act. The
national, constitutes serious misconduct and is Ombudsman issued an Order of Preventive

Legal Ethics
Suspension against Mayor Urso, to last until the held administratively liable for gross ignorance
administrative adjudication is completed but of the law?
not to exceed six (6) months. Upon elevation, the
CA affirmed the Order of Suspension. Despite A: YES. There is gross ignorance of the law when an
the CA’s affirmation of the RTC Order, Mayor error committed by the Judge was “gross or patent,
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Urso filed a Petition for Declatory Relief with deliberate or malicious”. Had Judge Dela Cruz been
Prayer for TRO and/or Writ of Preliminary more circumspect in reviewing the records of the
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Injunction with the RTC. The case was raffled to case, he could have easily noticed the glaring fact
Judge Ching, who then granted the said Writ. that the criminal case raffled to his sala only
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Vice Mayor Juan filed an administrative case pertained to one check, as well as Judge Gomez’
against Judge Ching for gross ignorance of the prior order acquitting Karla of the nine (9) B.P. Blg.
law. Will the case prosper? 22 cases, and promulgated a decision based only on
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that particular check. Such carelessness can only be
A: YES. Pursuant to the basic doctrine of judicial considered as gross ignorance of the law. (Emma G.
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stability or non-interference, no court can interfere Afelor v. Hon. Augustus C. Diaz, A.M. No. MTJ-16-1883,
by injunction with the judgments or orders of 11 July 2017, En Banc, as penned by J. Caguioa)
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another court of concurrent jurisdiction having the
power to grant the relief sought by the injunction. Q: Malecdan filed an Estafa case against Spouses
Baldo before the Lupon of Barangay. Atty. Baldo
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In this case, the RTC had no jurisdiction to interfere appeared as a cousel of the spouses during the
or restrain the execution of the Ombudsman;s hearing before the Punong Barangay, in
decisions in disciplinary cases. At the time Judge violation of Section 9 of P.D. No. 1508
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Ching issued the TRO and proceeded with the Writ (Katarungang Pambarangay Law), which
of Preliminary Injunction against the enforcement prohibits the participation of lawyers in the
of the Order of Suspension by the Ombudsman, the proceedings before the Lupon. Now, Atty. Baldo
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CA had already affirmed that very same Order. This, claims that he was permitted by the parties to
coupled with the deference to the basic precepts of participate; hence, there was no violation. Is
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jurisdiction required of Judges, leads to no other Atty. Baldo’s argument tenable?

conclusion that Judge Ching acted in gross
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ignorance of the law. (Edgar Erice v. Presiding Judge A: NO. The language of P.D. No. 1508 is mandatory
Dionisio C. Sison, A.M. No. RTJ-15-2407, 22 Nov. 2017, in barring lawyers from appearing before the Lupon.
as penned by J. Caguioa) As stated in the case of Ledesma v. Court of Appeals,
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Section 9 of the said law mandates personal

Q: After ten (10) checks issued by Karla were confrontation of the parties without the
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dishonored for having been drawn against intervention of a counsel or representative because
insufficient funds and closed accounts, ten (10) it would generate spontaneity and a favorable
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cases for violation of B.P. Blg. 22 were filed disposition to amicable settlement on the part of the
against her. Nine (9) of these were raffled to disputants.
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MeTC Branch 43 presided by Judge Gomez, while

the last case was raffled to MeTC Branch 37 Any act or omission that is contrary to, or prohibited
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presided by Judge Dela Cruz. Judge Gomez or unauthorized by, or on defiance of, disobedient
acquitted Karla based on the demurrer to to, or disregards the law is unlawful. Therefore,
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evidence which she filed. On the other hand, Atty. Baldo violated Rule 1.01 of the CPR in
Judge Dela Cruz convicted Karla of violation of connection with Section 9 of P.D. No. 1508.
B.P. Blg. 22 not only for the case raffled to his (Celestino Malecdan v. Atty. Baldo, A.C. No. 12121, 27
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sala, but also for the other nine (9) checks which June 2018, as penned by J. Caguioa)
were the subjects of the B.P. Blg. 22 cases raffled
to Branch 43 where Karla was already
previously acquitted. Should Judge Dela Cruz be
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2022 GOLDEN NOTES
RULE 1.01, CANON 1 to be reprehensible to a high degree. It is willful,

A lawyer shall not engage in unlawful, flagrant, or shameless act, which shows a moral
dishonest, immoral and deceitful conduct. indifference to the opinion of respectable
members of the community. (Figueroa v.
Barranco, SBC Case No. 519, 31 July 1997)
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It is well-established that a lawyer’s conduct is “not
confined to the performance of his professional
duties. A lawyer may be disciplined for misconduct 5. Dishonesty. Conduct that includes the
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committed either in his professional or private disposition to lie, cheat, deceive, defraud or
capacity. The test is whether his conduct shows him betray; be unworthy; lacking in integrity,
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to be wanting in moral character, hosnesty, probity, honesty, probity, integrity in principle, fairness
and good demeanor, or whether it reders him and straightforwardness (Jimenez v. Francisco,
unworthu to continue as an officer of the court. A.C. No. 10548, 10 Dec. 2014).
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(Mendoza-Arcega and Dechavez, 2020)
The concealment or distortion of truth in a
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Definitions matter relevant to one’s office or connected
with the performance of his duties. (Japson v.
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1. Deceitful Conduct. An act that has the CSC, G.R. No. 189479, 12 April 2011)
proclivity for fraudulent and deceptive
misrepresentation, artifice or device that is Instances of Gross Immorality and the Resulting
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used upon another who is ignorant of the fact, Consequences
to the prejudice and damage of the party
imposed upon. (Jimenez v. Francisco, A.C. No. 1. A lawyer who abandoned his wife and
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10548, 10 Dec. 2014) cohabited with another woman was
DISBARRED. (Obusan v. Obusan, Jr., A.C. No.
1392, 02 April 1984; Ceniza v. Ceniza, A.C. No.
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2. Unlawful Conduct. Any act or omission that is

contrary to, or prohibited or unauthorized by, 8335, 10 April 2019);
or in defiance of, disobedient to, or disregards
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2. A lawyer who had carnal knowledge with a

the law. “Unlawful” conduct does not
necessarily imply the element of criminality woman through a promise of marriage which he
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did not fulfill was DISBARRED (In re:

although the concept is broad enough to include
Disbarment of Armando Puno, A.C. No. 389, 28
such element. (Jimenez v. Francisco, A.C. No.
Feb. 1967);
10548, 10 Dec. 2014)
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3. A lawyer who is involved in an act of seducing a

NOTE: The presence of evil intent on the part of
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woman who is the niece of a married woman

the lawyer is not essential in order to bring his
with whom the respondent lawyer had an
act or omission within the terms of this Rule.
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adulterous relation, was DISBARRED. (Royong

v. Oblena, A.C. No. 376, 30 April 1963);
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3. Immoral Conduct. Conduct that is willful,

flagrant, or shameless, and which shows a
4. A lawyer who arranged a marriage of his son to
moral indifference to the opinion of the good
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a woman with whom the lawyer had illicit

and respectable members of the community.
relations was DISBARRED. (Mortel v. Aspiras,
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The supreme penalty of disbarment arising

A.M. No. 145, 28 Dec. 1956);
from conduct requires grossly immoral, not
simply immoral, conduct. (Garrido v. Garrido,
5. A lawyer who inveigled a woman into believing
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A.C. No. 6593, 04 Feb. 2010)

that they have been married civilly to satisfy his
carnal desires was DISBARRED. (Terre v. Terre,
4. Grossly Immoral Conduct. It refers to the act
A.M. No. 2349, 03 July 1992);
that is so corrupt and false as to constitute a
criminal act or so unprincipled or disgraceful as

Legal Ethics
6. A lawyer who took advantage of his position as immediately apologizing afterwards via text
chairman of the college of medicine and asked a message (Advincula v. Macabata, A.C. No.
lady student to go with him to Manila where he 7204, 07 Mar. 2007);
had carnal knowledge of her under threat that
if she refused, she would flunk in all her subjects 2. Live-in relationship involving two unmarried
S.
was DISBARRED. (Delos Reyes v. Aznar, A.M. No. persons; or,
1334, 28 Nov. 1989); 3. Failure to pay a loan.
S,
7. A lawyer who committed an act of bigamy was GR: A lawyer may not be disciplined for failure to
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DISQUALIFIED FROM ADMISSION TO THE pay a loan. The proper remedy is the filing of an
BAR. (Royong v. Oblena, A.C. No. 376, 30 April action for collection of a sum of money in regular
1963); courts. (Toledo v. Abalos, A.C. No. 5141, 29 Sept.
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1999)
8. A lawyer who is involved in an act of
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concubinage, coupled with failure to support XPN: A deliberate failure to pay just debts and the
illegitimate children was SUSPENDED issuance of worthless checks. (Lao v. Medel, A.C. No.
PR
INDEFINITELY. (Laguitan v. Tinio, A.M. No. 5916, 01 July 2003)
3049, 04 Dec. 1989);
Q: Judge A has an illicit relationship with B, his
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9. A lawyer who maintains an adulterous Branch Clerk of Court. C, the wife of Judge A,
relationship with a married woman was discovered the illicit affair and consulted a
SUSPENDED INDEFINITELY. (Cordova v. lawyer to vindicate her violated marital rights. If
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Cordova, A.M. No. 3249, 29 Nov. 1989); you were that lawyer, what would you advise C,
and if she agrees and asks you to proceed to take
10. A retired judge who penned a decision seven action, what is the legal procedure that you
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(7) months after he retired, antedating the should follow? (2014 BAR)
decision and forcing his former court staff to
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include it in the expediente of the case will be A: File a case of immorality against Judge A and the
DISBARRED. (Radjaie v. Alovera, A.C. No. 4748, clerk of court for violation of Rule 1.01, CPR;
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04 Aug. 2000); impropriety under Canon 4 of the New Code of

Judicial Conduct (NCJC) against Judge A; and invoke
11. A lawyer who forges a Special Power of the automatic conversion of the administrative case
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Attorney was SUSPENDED FOR 3 YEARS. against Judge A and the clerk of court as members of
(Rural Bank of Silay, Inc. v. Pilla, A.C. No. 3637, 24 the bar under A.M. No. 02-9-02-SC, with the Office of
S,
Jan. 2001); the Court Administrator. Complaints for disbarment

against Judge A and the clerk of court may also be
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12. A lawyer who attempted to engage in an opium filed

deal was SUSPENDED FOR 1 YEAR (Piatt v.
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Abordo, 58 Phil. 350, 01 Sept. 1933); or, NOTE: This is without prejudice to the filing of
criminal and civil cases.
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13. A lawyer who facilitates the travel of a person

to the U.S. using spurious travel documents was Q: In a case for disbarment against Atty. Ivan
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DISBARRED. (Sebastian v. Calis, A.C. No. 5118, Solidum, Jr., the IBP-CBD found that he
09 Sept. 1999) committed the following acts: (1) signing drawn
checks against the account of his son as if they
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Acts NOT constituting gross immorality were from his account; (2) misrepresenting to
Navarro the identity of the lot he mortgaged to
1. Turning the head of his client to kiss her on her; (3) misrepresenting to Presbitero the true
the lips while in a public place and then value of the 263-square-meter lot he mortgaged
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2022 GOLDEN NOTES
to her; (4) conspiring with Yulo to obtain the Canon 1. Atty. Rivera has no specialization in
loans from complainants; (5) agreeing or immigration law. Atty. Rivera’s deception is not only
promising to pay 10% interest on his loans unacceptable, disgraceful, and dishonorable to the
although he knew that it was exorbitant; and (6) legal profession; it reveals a basic moral flaw that
failing to pay his loans because the checks he makes him unfit to practice law. (Agot v. Atty. Rivera,
S.
issued were dishonored as the accounts were A.C. No. 8000, 05 Aug. 2014)
already closed. Is Atty. Solidum guilty of
S,
violating the CPR? Q: Atty. XX rented a house of his cousin, JJ, on a
month-to-month basis. He left for a 6-month
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A: YES. Atty. Solidum violated Rule 1.01 of the CPR. study in Japan without paying his rentals and
Conduct is not confined to the performance of a electric bills while he was away despite JJ's
lawyer’s professional duties. A lawyer may be repeated demands. Upon his return to the
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disciplined for misconduct committed either in his Philippines, Atty. XX still failed to settle his
professional or private capacity. The test is whether rental arrearages and electric bills, drawing JJ to
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his conduct shows him to be wanting in moral file an administrative complaint against Atty.
character, honesty, probity, and good demeanor, or XX. Atty. XX contended that his non-payment of
PR
whether it renders him unworthy to continue as an rentals and bills to his cousin is a personal
officer of the court. matter which has no bearing on his profession
as a lawyer and, therefore, he did not violate the
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Atty. Solidum is guilty of engaging in dishonest and CPR. Is Atty. XX's contention in order? Explain.
deceitful conduct, both in his professional capacity (2010 BAR)
with respect to his client, Presbitero, and in his
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private capacity with respect to complainant A: NO. Having incurred just debts, a lawyer has the
Navarro. Both Presbitero and Navarro allowed Atty. moral duty and legal responsibility to settle them
Solidum to draft the terms of the loan agreements. when they become due. “Verily lawyers must at all
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He drafted the MOAs knowing that the interest rates times faithfully perform their duties to society, to
were exorbitant. Later, using his knowledge of the the bar, to the court and to their clients. As part of
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law, he assailed the validity of the same MOAs he their duties, they must promptly pay their financial
prepared. He issued checks that were drawn from obligations” Their conduct must always reflect the
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his son’s account whose name was similar to his values and norms of the legal professionals
without informing complainants. Further, there is embodied in the CPR. On these considerations, the
nothing in the records that will show that he paid or Court may disbar or suspend lawyers for any
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undertook to pay the loans he obtained from. professional or private misconduct showing them to
(Navarro v. Atty. Solidum, Jr., A.C. No. 9872, 28 Jan. be wanting in moral character, honesty, probity and
S,
2014) good demeanor – or to be unworthy to continue as

officers of the Court. (Cham v. Paita-Moya, A.C.
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Q: Atty. Rivera misrepresented himself as an No.7494, 27 June 2008)

immigration lawyer, which resulted in Agot
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seeking his assistance to facilitate the issuance NOTE: Just debts include unpaid rentals, electric
of her US visa and paying him the amount of bills, claims adjudicated by a court of law, and
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₱350,000.00 as downpayment for his legal claims the existence and justness which are
services. However, Atty. Rivera was not able to admitted by the debtor. (Cham v. Paita-Moya, A.C.
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perform his obligation. Is Atty. Rivera No.7494, 27 June 2008)

administratively liable?
Q: Carmelite has unpaid obligations to NHFMC
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A. YES. As officers of the court, lawyers are bound to which is secured by a mortgage. To process the
maintain not only a high standard of legal redemption of the mortgaged property,
proficiency, but also of morality, honesty, integrity, Carmelita’s children, Verlita and Raymond
and fair dealing, as provided for under Rule 1.01, called Atty. Ramon and expressed their

Legal Ethics
intention to redeem the property by paying the A: YES. The grant of authority by the DILG Secretary
redemption price of ₱350,000. Atty. Ramon cannot be unreasonably construed to have been
informed them that the redemption was under perpetual. Atty. A should have requested for
process, and that the certificate of redemption authority to engage in private practive from the
would be issued in two to three week time. Secretary of the DILG for his second and third terms.
S.
Verlita and Raymond later found out that Atty. Hence, his failure to do so renders him liable for
Ramon had not deposited the redemption price unauthorized practice of profession and a clear
S,
and had not filed the letter of intent for violation of Rule 1.01 of the CPR. (Arthur O. Monares
redeeming the property. Atty. Ramon promised v. Atty. Levi P. MuArthur O. Monares v. Atty. Levi P.
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to return the money but failed to do so. Should Muñoz, A.C. No. 5582, 24 Jan. 2017, as penned by J.
Atty. Ramon be held administratively liable? Caguioa)
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A: YES. Atty. Ramon is guilty of dishonesty and Morality vs. Immoral Conduct
deceit. Atty. Ramon certainly transgressed the
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Lawyer's Oath by receiving money from Verlita and
MORALITY IMMORAL CONDUCT
Raymond after having made them believe that she
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could assist them in ensuring the redemption on As to their Nature
their mother's behalf. She further misled them
Immoral conduct has
about her ability to realize the redemption by falsely Morality, as
been defined as that
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informing them about having started the understood in law, is
conduct which is willful,
redemption process. She took advantage of Verlita a human standard
flagrant, or shameless
and Raymond who had reposed their full trust and based on natural
and which shows a moral
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confidence in her ability to perform the task by moral law which is
indifference to the
virtue of her being a lawyer. As a lawyer, Atty. embodied in man’s
opinion of the good and
Ramon was proscribed from engaging in unlawful, conscience and
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respectable members of
dishonest, immoral or deceitful conduct in her which guides him to
the community. (Arciga v.
dealings with others, especially clients whom she do good and avoid
Maniwang, A.M. No. 1608,
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should serve with competence and diligence. Her evil.

14 Aug. 1981)
duty required her to maintain fealty to them,
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binding her not to neglect the legal matter entrusted

to her. Thus, her neglect in connection therewith Q: In 2003, Atty. Allan Contado and Crisanta
rendered her liable. (Mercullo v. Atty. Ramon, AC. No. Hosoya met. He represented that he was already
G
11078, 19 July 2016) separated-in-fact from his wife and that was
already working out the dissolution of his
S,
Q: Atty. A, while serving as the Provincial Legal marriage. In 2010, Crisanta agreed with Atty.
Officer of Albay, engaged in the private practice Contado’s proposal to live together as husband
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of law during his three (3) terms in said position. and wife. She continued to live with him and
During his first term, he submitted a request to their cohabitation resulted in two children that
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continue his private practice to the Secretary of were born in 2011 and 2013. Eventually, they
the Department of Interior and Local terminated their relationship. Crisanta filed a
disciplinary case against Atty. Contado and
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Government (DILG), which was granted subject

to several conditions. However, during his alleged that she and her children no longer
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second and third terms, he claims that his received support from him and that he failed to
authority to engage in private practice was return her vehicle despite repeated demands.
renewed by the Governor. Is Atty. A liable for Did Atty. Contado’s acts violate the CPR?
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violating the Code of Professional Responsibility

(CPR)? A: YES. It is well-setted that a married person’s
abandonment of his or her spouse to live and
cohabit with another constitutes gross immorality
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2022 GOLDEN NOTES
as it amounts to either adultery or concubinage. In degree of irresponsibility. (Bunagan-Bansig v.

other case law, the Court imposed the penalty of Celera, A.C. No. 5581, 14 Jan. 2014)
disbarment on the erring lawyers for being guilty of
committing grossly immoral conduct in abandoning Q: Maria Victoria Ventura filed an
the legal spouse in order to cohabit with another. administrative complaint against Atty. Danilo
S.
Samson for allegedly raping her when she was
Further, his refusal to return the property (vehicle) merely 13 years old. Atty. Samson admitted that
S,
despite lawful demand is akin to deliberate failure they had a sexual relationship but countered
to pay debt. Jurisprudence is clear that a lawyer’s that such was done with mutual agreement and
ES
failure to pay debts despite repeated demands in consideration of money. Did Atty. Samson’s
constitutes dishonest and deceitful conduct and a act constitute “grossly immoral conduct” that
violation of Rule 1.01 of the CPR. The Court may would warrant his disbarment?
C
impose the penalty of disbarment or suspension
from the practice of law against the erring lawyer A: YES. Atty. Samson’s act of engaging in sex with a
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for failure to pay debts. (Hosoya v. Atty. Contado, A.C. young lass, the daughter of his former employee,
No. 10731, 05 Oct. 2021, Per Curiam) constitutes gross immoral conduct that warrants
PR
sanction. He not only admitted he had sexual
Q: Rose Bansig filed a complaint for disbarment intercourse with complainant but also showed no
against Atty. Celera. Celera was legally married remorse whatsoever when he asserted that he did
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to Bansig’s sister, Rosemarie Bunagan. nothing wrong because she allegedly agreed, and he
However, notwithstanding the marriage with gave her money. Indeed, his act of having carnal
Bunagan, Atty. Celera contracted another knowledge of a woman other than his wife
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marriage with a certain Ma. Cielo Paz Torres manifests his disrespect for the laws on the sanctity
Alba, as evidenced by a certified copy of the of marriage and his marital vow of fidelity.
certificate of marriage. Despite numerous Moreover, he procured the act by enticing a very
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efforts of Rose and the court, Atty. Celera, in his young woman with money, which showed his
defense, repetitively stated that he had no utmost moral depravity and low regard for the
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knowledge of the complaint since he has yet to dignity of the human person and the ethics of his
receive a copy of it. Is the contention of Atty. profession. He has violated the trust and confidence
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Celera tenable? reposed on him by complainant, then a 13-year-old

minor, who for a time was under his care. Whether
A: NO. He exhibited a deplorable lack of that degree the sexual encounter between him and complainant
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of morality required of him as a member of the Bar. was or was not with the latter’s consent is of no
He made a mockery of marriage, a sacred institution moment. Such conduct is a transgression of the
S,
demanding respect and dignity. Likewise, we take standards of morality required of the legal
notice of Atty. Celera’s defiant stance against the profession and should be disciplined accordingly.
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Court as demonstrated by his repetitive disregard of (Ventura v. Samson, A.C. No. 9608, 27 Nov. 2012)
its Resolution. Even assuming that indeed the copies
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of the complaint had not reached him, he cannot, Q: An administrative complaint for disbarment
however, feign ignorance that there is a complaint was filed against Atty. Iris Bonifacio for
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against him that is pending before the Court which allegedly carrying an immoral relationship with
he could have easily obtained a copy had he wanted Carlos, the husband of complainant Leslie Ui.
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to. His acts were deliberate, maneuvering the Atty. Bonifacio contended that her relationship
liberality of the Court in order to delay the was licit because they were married, but when
disposition of the case and to evade the she discovered Carlos’ true civil status, she cut
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consequences of his actions. His cavalier attitude in off all her ties with him. Is Atty. Bonifacio guilty
repeatedly ignoring the orders of the Supreme of committing gross immoral conduct
Court constitutes utter disrespect to the judicial warranting her disbarment?
institution. Respondent’s conduct indicates a high

Legal Ethics
A: NO. Her relationship with Carlos, clothed as it Moral Turpitude

was with what Atty. Bonifacio believed was a valid
marriage, cannot be considered immoral. It refers to “an act of baseness, vileness, or depravity
Immorality connotes conduct that shows in the private duties which a man owes to his fellow
indifference to the moral norms of the community. men or to society in general, contrary to justice,
S.
Moreover, for such conduct to warrant disciplinary honesty, modesty, or good morals.” (Garcia v.
action, the same must be “grossly immoral”, that is Sesbreno, A.C. No. 7973 and A.C. No. 10457, 03 Feb.
S,
it must be so corrupt and false as to constitute a 2015)
criminal act or so unprincipled as to be
ES
reprehensible to a high degree. Atty. Bonifacio’s act NOTE: Moral turpitude is not involved in every
of immediately distancing herself from Carlos upon criminal act and is not shown by every known and
discovering his true civil status belies that alleged intentional violation of statute, but whether any
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moral indifference and proves that she had no conviction involves moral turpitude may be a
intention of flaunting the law and the high moral question of fact and frequently depends on all the
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standard of the legal profession. (Ui v. Atty. surrounding circumstances.
Bonifacio, A.C. No. 3319, 08 June 2000)
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While generally but not always, crimes mala in se
Q: Patricia and Simeon were teen sweethearts. It involve moral turpitude, while crimes mala
was after their child was born that Simeon first prohibita do not, it cannot always be ascertained
ZA
promised he would marry her after he passes whether moral turpitude does or does not exist by
the bar examinations. Their relationship classifying a crime as malum in se or as malum
continued and Simeon allegedly made more prohibitum, since there are crimes which are mala in
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than twenty or thirty promises of marriage. se and yet rarely involve moral turpitude and there
Patricia learned that Simeon married another are crimes which involve moral turpitude and are
woman. Meanwhile, Simeon successfully passed mala prohibita only.
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the 1970 Bar Examinations after four attempts.

Before he could take his oath, Patricia filed a It follows, therefore, that moral turpitude is
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petition to disqualify Simeon to take the somewhat a vague and indefinite term, the meaning
Lawyer’s Oath on the ground of gross of which must be left to the process of judicial
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immoral conduct. Did the act of Simeon in inclusion or exclusion as the cases are reached.
engaging in premarital relations with Patricia (Garcia v. Sesbreno, A.C. No. 7973 and A.C. No. 10457,
and making promises to marry her constitute 03 Feb. 2015)
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grossly immoral conduct?

Examples of Acts involving Moral Turpitude and
S,
A: NO, the Supreme Court ruled that the facts do not the Resulting Consequences
constitute grossly immoral conduct warranting a
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permanent exclusion of Simeon from the legal 1. A lawyer who is convicted of Estafa and/or of
profession. His engaging in premarital sexual violating B.P. Blg. 22 was DISBARRED. (In the
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relations with complainant and promises to marry Matter of Disbarment Proceedings v. Narciso N.
suggests a doubtful moral character on his part but Jaramillo, En Banc A.C. No. 229, 30 April 1957);
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the same does not constitute grossly immoral

conduct. To justify suspension or disbarment the act 2. A lawyer who is convicted of bribery or
EB
complained of must not only be immoral, but attempted bribery was DISBARRED. (In Re:
grossly immoral. A grossly immoral act is one that is Dalmacio De los Angeles, A.C. No. L-350, 07 Aug.
so corrupt and false as to constitute a criminal act or 1959; 7 C.J.S., p. 736; 5 Am. Jur. p. 428);
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so unprincipled or disgraceful as to be
reprehensible to a high degree. (Figueroa v. 3. A lawyer who is convicted of murder was
Barranco, Jr., SBC Case No. 519, 31 July 1997) DISBARRED. (In Re: Disbarment Proceedings
Against Atty. Diosdado Q. Gutierrez, A.C. No. L-
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2022 GOLDEN NOTES
363, 31 July 1962); A: YES. One of the grounds for disbarment under
Sec. 27, Rule 138 of the Rules of Court is conviction
4. A lawyer who, before being admitted to the Bar, of a crime involving moral turpitude. Estafa is a
is convicted of illegal marriage was crime involving moral turpitude.
DISQUALIFIED FROM BEING ADMITTED TO
S.
THE BAR. (Villasanta v. Peralta, 101 Phil.313, 30 Q: If Atty. Simeon is acquitted of the estafa
April 1957); charge, will the disbarment complaint be
S,
dismissed? Explain. (2009 BAR)
5. A lawyer who is convicted of falsification of
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public document was REMOVED FROM HIS A: Not necessarily. If the acquittal is based on the
OFFICE/NAME ERASED FROM ROLL OF ground that no crime was committed, or that Simeon
ATTORNEYS. (De Jesus-Paras v. Vailoces, A.C. is innocent, the administrative case may be
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No. 439,12 April 1961); dismissed.
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6. A lawyer who is convicted of Estafa through But if the acquittal is based merely on reasonable
falsification of public document was doubt, the disbarment proceeding may continue.
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DISBARRED. (Villanueva v. Sta. Ana, CBD Case
No. 251, 11 July 1995); The purpose of a disbarment proceeding is to
determine whether a lawyer deserves to remain a
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7. A lawyer who is convicted of abduction was member of the bar. For such determination, conduct
SUSPENDED FROM OFFICE FOR ONE (1) which merely avoids the penalty of the law is not
YEAR. (In Re Basa, 41 Phil. 275, 07 Dec. 1920); sufficient.
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8. A lawyer who is convicted of concubinage was Q: Lehnert filed an administrative complaint
SUSPENDED FROM OFFICE FOR ONE (1) against Atty. Diño, praying that Atty. Dino be
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YEAR. (In re Isada, 60 Phil. 915, 16 Nov. 1934); permanently disbarred for violating Lawyer’s
oath, as well as the CPR, when he committed two
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9. A lawyer who is convicted of smuggling was (2) violations of B.P. Blg. 22. Lehnert also
DISBARRED. (In re Rovero, A.C. No. 126, 24 Oct. claimed that when a warrant of arrest was
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1952); or, issued against Atty. Dino, officers were unable to

locate him. Thus, considering that Atty. Diño was
10. A lawyer who is convicted of homicide was hiding to evade arrest, Lehnert prayed for his
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DISBARRED. (Garcia v. Sesbreno, A.C. No. 7973 immediate disbarment. Is Atty. Dino guilty for
and A.C. No. 10457, 03 Feb. 2015). violation of the Lawyer’s Oath and the Code of
S,
Responsibility when he issued post-dated

NOTE: Psychological incapacity of a lawyer does not checks, which were subsequently dishonored?
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necessarily make him an unfit member of the Bar, or

vice versa. (Paras v. Paras, G.R. NO. 147824, 02 Aug. A: YES. Lawyers must at all times faithfully perform
LL
2007) their duties to society, to the bar, to the courts and

to their clients. As part of those duties, they must
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Q: Atty. Simeon persuaded Armando, Benigno promptly pay their financial obligations. Their
and Ciriaco to invest in a business venture that conduct must always reflect the values and norms of
EB
later went bankrupt. Armando, Benigno and the legal profession as embodied in the CPR. On
Ciriaco charged Atty. Simeon with estafa. these considerations, the Court may disbar or
Simultaneously, they filed an administrative suspend lawyers for any professional or private
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complaint against the lawyer with the Supreme misconduct showing them to be wanting in moral
Court. If Simeon is convicted of estafa, will he be character, honesty, probity and good demeanor —
disbarred? Explain. (2009 BAR) or to be unworthy to continue as officers of the
Court. The issuance of worthless checks constitutes

Legal Ethics
gross misconduct and violates Canon 1 of the CPR. RULE 1.02, CANON 1
(Lehnert vs. Diño, A.C. No. 12174, 28 Aug. 2018) A lawyer shall not counsel or abet activities
aimed at defiance of the law or at lessening
Q: Atty. De Vera borrowed ₱500,000.00 from confidence in the legal system. (1994, 1998
Teresita with interest of ₱20,000.00 per month Bar)
S.
until fully paid. However, Teresita did not have
the full amount. Atty. De Vera persuaded her to Examples of Activities aimed at Defiance of the
S,
borrow the amount from a common friend, Mary Law or at lessening Confidence in the Legal
Jane, by mortgaging her property located in System
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Lucena City. Atty. De Vera issued a check for
₱500,000.00. Atty. De Vera also issued at least 1. Advising his clients to execute another Deed of
two more checks to cover the interest agreed Sale antedated to evade payment of capital
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upon. Teresita alleges that in June 2006, Atty. De gains taxes (Chua v. Mesina, A.C. No. 4904, 12
Vera obtained another loan from Teresita’s Aug. 2004);
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sister in the amount of ₱100,000.00. Teresita
guaranteed the loan. Atty. De Vera issued 2. Engaging in the following activities:
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another post-dated check for ₱100,000.00 to
Teresita. Teresita claimed that she paid her a) prohibited campaigning;
sister the amount borrowed by Atty. De Vera. b) use of government resources and
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Upon maturity of the checks, Teresita presented solicitation of votes; and
the checks for payment. However, the checks c) campaigning for national positions in the
bounced for being drawn against insufficient IBP (Re: 1989 Elections of IBP, A.M. No. 491,
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funds. Teresita attempted to encash the checks 06 Oct. 1989); or,
for a second time. However, the checks were
dishonored because the account was closed. 3. Repeatedly disobeying orders of SEC to appear
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Teresita demanded payment from Atty. De Vera. in its hearings and repeatedly failing to
However, she failed to settle her obligations, substantiate his excuse for failing to appear.
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prompting Teresita to file complaints against (Batac et. al. v. Cruz, Jr., A.C. No. 5809, 23 Feb.
Atty. De Vera for violation of Batas Pambansa 2004)
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Blg. 22 and Estafa. Should Atty. De Vera be held

administratively liable? Q: Chu retained Atty. Guico as counsel to handle
labor disputes involving his company. In one
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A: YES. Being a lawyer, Atty. De Vera, was well case, Atty. Guico asked Chu to prepare a
aware of the objectives and coverage of Batas substantial amount of money to be given to the
S,
Pambansa Blg. 22. If not, he was nonetheless NLRC Commissioner handling the appeal to
presumed to know them, for the law was penal in ensure a favorable decision. Chu was able to
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character and application. His issuance of the raise ₱300,000. Atty. Guico again advised Chu to
unfunded check involved herein knowingly violated raise another ₱300,000.00 to encourage the
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B.P. Blg. 22, and exhibited his indifference towards NLRC Commissioner to issue the decision. But
the pernicious effect of his illegal act to public Chu could only produce ₱280,000.00. The
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interest and public order. He thereby swept aside NLRC’s decision was adverse to Chu. Was the
his Lawyer’s Oath that enjoined him to support the advice given by Atty. Guico proper?
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Constitution and obey the laws. (Enriquez v. Atty.

Trina De Vera, A.C. No. 8330, 16 Mar. 2015) A: NO. A lawyer should not render any service or
give advice to any client that would involve defiance
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of the laws he was bound to uphold and obey, for he

or she was always bound as an attorney to be law
abiding, and thus to uphold the integrity and dignity
of the legal profession.
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2022 GOLDEN NOTES
Verily, he or she must act and compose himself or RULE 1.03, CANON 1
herself in such a manner that would promote public A lawyer shall not, for any corrupt motive or
confidence in the integrity of the legal profession. interest, encourage any suit or proceeding or
Atty. Guico violated the law against bribery and delay any man’s cause.
corruption. He compounded his violation by using
S.
said illegality as his means of obtaining a huge sum The rule is aimed against the practice of barratry,
from the client that he soon appropriated for his stirring up litigation, and ambulance chasing.
S,
interest. His acts constituted gross dishonesty and
deceit and were a flagrant breach of his ethical Barratry vs. Ambulance Chasing (1993 BAR)
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commitments under the Lawyer’s Oath not to delay
any man for money or malice; and under Rule 1.01 AMBULANCE
BARRATRY
of the CPR. His deviant conduct eroded the faith of CHASING
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the people in him as an individual lawyer as well as As to the Manner of Commision
in the Legal Profession as a whole. In doing so, he
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An offense of An act of chasing
ceased to be a servant of the law. (Chu v. Guico, Jr.,
frequently exciting and victims of accidents to
A.C. No. 10573, 13 Jan. 2015)
PR
stirring up quarrels talk to the said victims
and suits, either at law (or relatives) and to
Q: Atty. Asilo, a lawyer and a notary public,
or otherwise; lawyer’s offer one’s legal
notarized a document already prepared by
act of fomenting suits services for the filing of
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spouses Roger and Luisa when they approached
among individuals and a case against the
him. It is stated in the document that Roger and
offering his legal person(s) who caused
Luisa formally agreed to live separately from
services to one of them. the accident(s). It has
EZ
each other and either one can have a live-in
spawned a number of
partner with full consent of the other. What is
Barratry is not a crime recognized evils such
the liability of Atty. Asilo, if any? (1998 BAR)
-D
under the Philippine as (Fo-Su-Mu-D):

laws. However, it is
A: Atty. Asilo may be held administratively liable for
W
proscribed by the rules 1. Fomenting

violating Rule 1.02 of the CPR which provides that
of legal ethics. litigation with
“a lawyer shall not counsel or abet activities aimed
LO
resulting burdens
at defiance of the law or at lessening confidence in
on the courts and
the legal system.”
the public;
G
2. Subornation of
An agreement between two spouses to live
perjury;
separately from each other and either one could
3. Mulcting innocent
S,
have a live-in partner with full consent of the other,

persons by
is contrary to law and morals. The ratification by a
judgments, upon
O
notary public who is a lawyer of such illegal or

manufactured
immoral contract or document constitutes
LL
causes of action;
malpractice or gross misconduct in office. He should
and,
at least refrain from its consummation. (In Re:
4. Defrauding
O
Santiago, A.C. No. 923, 21 June 1940; Panganiban v.

injured persons
Borromeo, 58 Phil. 367; In Re: Bucana, A.C. No. 1637,
EB
having proper
06 July 1976)
causes of action
but ignorant of
R
legal rights and

court procedures
by means of
contracts which

Legal Ethics
retain exorbitant advice to a friend in need. It is natural for a person

percentages of to give advice to a friend in need.
recovery and
illegal charges for Q: Atty. X advised complainant that to stop the
court costs and ejectment suit against him, Atty. X would file a
S.
expenses and by complaint with the Baguio CFI. Complainant
settlement made gave Atty. X ₱5,863 for fees and miscellaneous
S,
for quick returns fees. However, the complaint was not filed. By
of fees and against way of defenses, the lawyer presented
ES
just rights of the complainant’s affidavit of desistance; claimed
injured persons. that upon perusal of the records of the ejectment
(Hightower v. case, he found that complainant had already
C
Detroit Edison Co. filed a Third-Party complaint, thereby making
247 NW 97, 1993) the proposed suit unnecessary. Is he liable for
IN
misconduct?
Crime of Maintenance
PR
A: YES. The lawyer is liable for misconduct. It is
Maintenance is the intermeddling of an clear from the facts that the lawyer had deceitfully
uninterested party to encourage a lawsuit. It is a defrauded the complainant. By receiving the
ZA
taking in hand, a bearing up or upholding of quarrels amount of ₱5,863.00 from the complainant to
or sides, to the disturbance of the common right. represent him, the lawyer violated Rule 1.01 of
(Funa, 2009) A lawyer owes to society and to the Canon 1 of the CPR. He should have filed the
EZ
court the duty not to stir up litigation. complaint before the CFI of Baguio. He acted in a
deceitful conduct by misrepresenting to file a
Impropriety of Voluntary Giving of Advice complaint in order to affect the ejectment suit. In
-D
addition, the lawyer also encouraged the suit which

It is improper to voluntarily give legal advice when is groundless and unfounded to gain a financial
W
the lawyer, in giving such, is motivated by a desire interest. (Munar v. Flores, A.C. No. 2112, 30 May
to obtain personal benefit, secure personal publicity, 1983)
LO
or cause legal action to be taken merely to harass or

injure another. It is allowed in rare cases where ties RULE 1.04, CANON 1
of blood, relationship or trust make it his duty to do A lawyer shall encourage his clients to avoid,
G
so. (Canon 28, Canon of Professional Ethics (CPE)) end or settle a controversy if it will admit of a
fair settlement.
S,
Q: Atty. Melissa witnessed the car accident that

resulted in injury to Manny, a friend of hers. Lawyers are called upon to resist the whims and
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While visiting him at the hospital, she advised caprices of their clients and to temper the latter’s
him about what action he needed to take propensity to litigate because the Lawyer’s Oath to
LL
regarding the accident. Is Atty. Melissa subject uphold the cause of justice is superior to his duty to
to disciplinary action if she eventually handles his clients. (Visbal v. Buban, A.M. No. MTJ-02-1432,
O
the case for him? (2011 BAR) 03 Sept. 2004)

EB
A: NO. It is unprofessional for a lawyer to volunteer A lawyer should be a mediator for concord and a
advice to bring a lawsuit, except in rare cases where conciliator for compromise rather than an initiator
ties of blood, relationship or trust make it his duty of controversy and a predator of conflict. It is the
R
to do so. (Canon 28, CPE) In the case at hand, since duty of a lawyer in his exalted position as an officer
Atty. Melissa is a friend of the injured person, she of the court not to be an instigator of any
may not be admonished for extending some legal controversy. (Pineda, 2009)
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2022 GOLDEN NOTES
The rule requires that lawyers encourage EFFICIENT AND CONVENIENT LEGAL SERVICES
settlement only when the same is fair. It should be
noted that the duty and the right of the lawyer is
CANON 2
limited to encouraging the client to settle. A lawyer shall make his legal services
Ultimately, however, the final decision to settle a available in an efficient and convenient
S.
claim rests upon the client. A lawyer cannot manner compatible with the independence,
compromise the case of his client without the integrity and effectiveness of the profession.
S,
latter’s consent even if he believes that the
compromise is for the better interest of the client. NOTE: It is the lawyer’s prime duty to see to it that
ES
(Pineda, 2009, citing Philippine Aluminum Wheels Inc. justice is accorded to all without discrimination.
v. FASGI Enterprises Inc., G.R. No. 137378, 12 Oct.
2000) RULE 2.01, CANON 2
C
A lawyer shall not reject, except for valid
Q: Jon de Ysasi III was employed by his father in
IN
reasons, the cause of the defenseless or the
their farm. During the entire period of his oppressed.
illness, his father took care of his medical
PR
expenses and he continued to receive
Definitions
compensation. However, without due notice, his
father ceased to pay his salary. He made oral and
1. Defenseless. It refers to those people who are
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written demands through Atty. Sumbingco,
not in a position to defend themselves due to
asked for an explanation for the withholding,
poverty, weakness, ignorance or other similar
and for the remittance of, his salary. Both
reasons.
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demands were not acted upon. He filed a case in
court. Can the lawyers employed by the parties
2. Oppressed. It refers to those who are the
be admonished for not trying to reconcile the
-D
victims of cruelty, unlawful exaction,

parties before the filing of the suit?
domination or excessive use of authority.
W
A: YES. The conduct of the respective counsel of the

A lawyer so appointed as counsel for an indigent
parties, as revealed by the records, sorely
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prisoner, as the Canons of Professional Ethics

disappoints the Court and invites reproof. Both
demands, should always “exert his best efforts” in
counsels may well be reminded that their ethical
the indigent’s behalf. (People v. Estebia, G.R. No. L-
duty as lawyers to represent their clients with zeal
G
26868, 27 Dec. 1972)

goes beyond merely presenting their clients'
respective causes in court. It is just as much their
NOTE: The inability to pay for legal services is not a
S,
responsibility, if not more importantly, to exert all

valid reason to refuse acceptance of a case. This is
reasonable efforts to smooth over legal conflicts,
because the profession is a branch of the
O
preferably out of court and especially in

administration of justice and not a mere money-
consideration of the direct and immediate
LL
getting trade. (CPR Annotated, PhilJA)

consanguineous ties between their clients.
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Once again, the useful function of a lawyer is not

only to conduct litigation but to avoid it whenever
EB
possible by advising settlement or withholding suit.

He is often called upon less for dramatic forensic
exploits than for wise counsel in every phase of life.
R
He should be a mediator for concord and a

conciliator for compromise, rather than a virtuoso
of technicality in the conduct of litigation. (De Ysasi
III v. NLRC, G.R. No. 104599, 11 March 1994)

Legal Ethics
AN ACT PROVIDING A MECHANISM FOR FREE lower: Provided, That the actual free legal services
LEGAL ASSISTANCE AND FOR OTHER PURPOSES herein contemplated shall be exclusive of the
(R.A. No. 9999) minimum sixty (60)-hour mandatory legal aid
23 FEB. 2010 services rendered to indigent litigants as required
under the Rule on Mandatory Legal Aid Services for
S.
Purposes/Objectives Practicing Lawyers, under Bar Matter No. 2012,
issued by the Supreme Court. (Sec. 5, R.A. No. 9999)
S,
R.A. No. 9999 is enacted in order to:
Salient Features
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1. encourage lawyers and professional
partnerships to provide free legal assistance; 1. The law will allow indigent litigants to acquire
2. solicit the assistance of lawyers and the services of renowned lawyers and law firms
C
professional partnerships in the private for free.
practice of law in providing quality legal
IN
assistance to indigent litigants through a 2. In exchange for the services rendered by the
system of tax incentives; lawyer or the law firm, they will be given tax
PR
3. provide relief to the Public Attorney’s Office incentives equivalent to the cost of the services
(PAO) and other associations accredited by the rendered to the indigent litigant.
Supreme Court from the numerous cases it
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handles; 3. It will help relieve the Public Attorney’s Office
4. provide indigent litigants the opportunity to (PAO) of its numerous caseloads involving
acquire the services of distinguished law firms indigent litigants who shall be referred to
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and legal practitioners of the country for free; lawyers or law firms in private practice.
and,
5. ensure that the right of every individual to 4. It should entice renowned and distinguished
-D
counsel, as mandated in the Constitution, is firms and lawyers in the practice as their
protected and observed. services shall be compensated commensurately
W
through the tax incentives.

Services Available
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RULE 2.02, CANON 2

Public Attorney's Office (PAO), Department of In such cases, even if the lawyer does not accept
Justice (DOJ), and other legal aid clinics accredited a case, he shall not refuse to render legal
G
by the Supreme Court shall refer pauper litigants to advice to the person concerned if only to the
identified lawyers and professional partnerships. extent necessary to safeguard the latter’s
S,
They shall issue a certification that services were rights.

rendered by the lawyer or the professional
O
partnership under this act. The certification shall Rendering of Legal Advice includes preliminary
include the cost of the actual services given. (Sec. 4, steps that should be taken, at least, until the person
LL
R.A. No. 9999) concerned has obtained the services of a proper

counsel’s representation. Even though no attorney-
O
Incentives to Lawyers giving Free Service client relationship is created between the parties,
the lawyer, by providing interim advice, preserves
EB
A lawyer or professional partnerships rendering the dignity of the profession by inspiring public faith
actual free legal services shall be entitled to an in the profession. (CPR Annotated, PhilJA)
allowable deduction from the gross income, the
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amount that could have been collected for the actual Q: Wanda finally became pregnant in the 10th
free legal services rendered or up to ten percent year of her marriage to Horacio. As her
(10%) of the gross income derived from the actual pregnancy progressed, she started experiencing
performance of the legal profession, whichever is difficulty in breathing and was easily fatigued.
`
2022 GOLDEN NOTES
The doctors diagnosed Wanda with a heart Advertisements

congestion problem due to a valve defect, and
her chances of carrying a baby to a full term are GR: Advertisement by lawyers is not allowed. The
slim. Wanda is scared and contemplates the most worthy and effective advertisement possible is
possibility of abortion. She thus sought legal the establishment of a well-merited reputation for
S.
advice from Diana, a lawyer-friend and fellow professional capacity and fidelity to trust. (Director
church member, who has been informally of Religious Affaits v. Bayot, A.C. No. L-1117, 20 Mar.
S,
advising her on legal matters. What is Diana’s 1944)
best ethical response? (2013 BAR)
ES
REASON: The proscription against advertising of
A: Advise Wanda on the purely legal side of her legal services or solicitation of legal business rests
problem and assure her that abortion is allowed by on the fundamental postulate that the practice of
C
law if the pregnancy endangers the life of the law is a profession. (Ulep v. Legal Aid, Inc., B.M. No.
mother. (Rule 2.01 & 2.02, CPR) 553, 17 June 1993)
IN
Q: The rendition of free legal services is a XPNs: (L-E-P-O-L-A-B-A-N-P-D) (2015 BAR)
PR
lawyer’s: (2014 BAR)
1. Reputable Law lists, in a manner consistent
A: Moral duty is above social obligation and legal with the standards of conduct imposed by the
ZA
mandate. The lawyer voluntarily imposes upon canons, stating brief biographical and
himself higher duties and more noble obligations informative data;
enshrined in the Lawyer's Oath which goes beyond 2. Simple announcement of the Existence of a
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commitment to social obligation and legal lawyer or the law firm posted anywhere where
mandates. it is proper such as the place of business or
residence except courtrooms and government
-D
RULE 2.03, CANON 2 buildings;

A lawyer shall not do or permit to be done any 3. Ordinary, simple Professional Card. It may
W
act designated primarily to solicit legal contain only a statement of name, the name of
business. (1997 Bar) the law firm which is connected with, address,
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telephone number and the special branch of law

Rationale behind the Rule that Legal Profession practiced;
is not considered a Business (2006 BAR) 4. A simple announcement of the Opening of a law
G
firm or of changes in the partnership,

It is not a business because it is a: associates, firm name or office address, being
S,
1. duty of public service, of which the emolument for the convenience of the profession;
is a byproduct, and in which one may attain the 5. Announcement in any Legal publication,
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highest eminence without making much including books, journals, and legal magazines
money; and in telephone directories (Ulep v. Legal
LL
2. relation, as an “officer of the court”, to the Clinic, Inc., B.M. No. 553, 17 June 1993);
administration of justice involving thorough 6. Writing legal Articles;
O
sincerity, integrity and reliability; 7. Engaging in Business and other occupations

3. fiduciary relation to clients of the highest except when such could be deemed improper,
EB
degree; and, be seen as indirect solicitation, or would be the

4. relation to the colleagues in the bar is equivalent of a law practice;
characterized by candor, fairness, and 8. Activity of an association for legal
R
unwillingness to resort to current business representation;

methods of advertising and encroachment on 9. Notice to other local lawyers and publishing in
their practice or dealing directly with their a legal journal of one’s availability to act as an
clients. associate for them;

Legal Ethics
10. Seeking a Public office, which can only be held presented in court. Is Atty. Tabalingcos guilty of
by a lawyer or, in a dignified manner, a position unlawful solicitation?
as a full-time corporate counsel; and,
11. Listing in a phone Directory, but not under a A: YES. He violated Rule 2.03 of the Code, which
designation of a special branch of law. (Atty. prohibits lawyers from soliciting cases for profit. A
S.
Khan Jr. v. Atty. Simbillo, A.C. No. 5299, 19 Aug. lawyer is not prohibited from engaging in business
2003) or other lawful occupation. Impropriety arises,
S,
though, when the business is of such a nature or is
NOTE: For solicitation to be proper, it must be conducted in such a manner as to be inconsistent
ES
compatible with the dignity of the legal profession. with the lawyer’s duties as a member of the bar. This
If made in a modest and decorous manner, it would arises when the business is one that can readily lend
bring no injury to the lawyer or to the bar. (Pineda, itself to the procurement of professional
C
2009) employment for the lawyer; or that can be used as a
cloak for indirect solicitation on the lawyer’s behalf;
IN
Rationale for the Prohibition of Advertisements or is of a nature that, if handled by a lawyer, would
be regarded as the practice of law. It is clear from
PR
1. The profession is primarily for public service. the documentary evidence submitted by
2. It commercializes the profession. complainant that Jesi & Jane Management, Inc.,
3. It involves self-praise and puffing. which purports to be a financial and legal
ZA
4. It damages public confidence. consultant, was indeed a vehicle used by Atty.
5. It may increase lawsuits and result in needless Tabalingcos as a means to procure professional
litigation. employment; specifically, for corporate
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rehabilitation cases. (Villatuya v. Tabalingcos, A.C.
Examples of Indirect Solicitation No. 6622, 10 July 2012)
-D
1. Writing and selling for publication articles of Q: Atty. David agreed to give one-half (½) of his
general nature on legal subjects; and, professional fees to an intermediary or
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2. Writing unsolicited articles on a legal subject. commission agent and he also bound himself not
to deal directly with the clients. Can he be
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NOTE: If engaged in another profession or subject to disciplinary action?

occupation concurrently with the practice of law,
the lawyer shall make clear to his client whether he A: YES. The agreement is void because it constitutes
G
is acting as a lawyer or in another capacity. (Rule malpractice which is the practice of soliciting cases
15.08, CPR) of law for profit, either personally or through paid
S,
agents or brokers. Malpractice ordinarily refers to

Q: Atty. Tabalingcos was charged with any malfeasance or dereliction of duty committed
O
unlawfully soliciting clients and advertising by a lawyer. The meaning of malpractice is in

legal services through various business entities. consonance with the notion that the practice of law
LL
He allegedly set up two financial consultancy is a profession not a business. The lawyer may not
firms, Jesi and Jane Management, Inc. and seek or obtain employment by himself or through
O
Christmel Business Link, Inc., and used them as others, to do so would be unprofessional. (Tan Tek
fronts to advertise his legal services and solicit Beng v. David, A. C. No. 1261, 29 Dec. 1983)
EB
cases. However, he contended that his law firm

had an agreement with Jesi and Jane NOTE: A general professional partnership with a
Management, Inc., whereby the firm would non-lawyer is void. In the formation of partnership
R
handle the legal aspect of the corporate for the practice of law, no person should be
rehabilitation case; and that the latter would admitted or held out as a practitioner or member
attend to the financial aspect of the case such as who is not a member of the legal profession duly
the preparation of the rehabilitation plans to be authorized to practice, and amenable to
`
2022 GOLDEN NOTES
professional discipline. (Canon 33, CPE) RULE 2.04, CANON 2

A lawyer shall not charge rates lower than
Q: Atty. Dulcinea writes a regular column in a those customarily prescribed unless the
newspaper of general circulation and articles on circumstances so warrant. (1997, 2005 BAR)
unforgettable legal stories in a leading magazine.
S.
Her by-line always includes the name of her firm GR: A lawyer shall not charge rates lower than those
where she is a named partner. Would you customarily prescribed.
S,
consider this as improper advertising?
XPN: When clients are relatives, co-lawyers, or are
ES
A: YES. Atty. Dulcinea’s by-line including the firm indigents.
name where she belongs is improper because it is
an indirect way of solicitation or is an advertisement What the rule prohibits is a competition in the
C
of the law firm. matter of charging professional fees to attract
clients in favor of the lawyer who offers lower rates.
IN
Q: A paid advertisement appeared in the July 5, The rule does not prohibit a lawyer from charging a
2000 issue of Philippine Daily Inquirer, which reduced fee or none at all to an indigent. (Comments
PR
reads: "ANNULMENT OF MARRIAGE Specialist of the IBP Committee)
532-4333/521-2667." Similar advertisements
were published in the August 2 and 6, 2000
ZA
issues of the Manila Bulletin and August 5, 2000
issue of The Philippine Star. Does the
appearance of such in a newspaper, amount to
EZ
advertising and solicitation of legal services
prohibited by the CPR and the Rules of Court?
-D
A: YES. It has been repeatedly stressed that the

practice of law is not a business. It is a profession in
W
which duty to public service, not money, is the

primary consideration. Lawyering is not primarily
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meant to be a money-making venture, and law

advocacy is not a capital that necessarily yields
profits. The gaining of a livelihood should be a
G
secondary consideration.
S,
The duty to public service and to the administration

of justice should be the primary consideration of
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lawyers, who must subordinate their personal

interests or what they owe to themselves. (Atty.
LL
Khan Jr. v. Atty. Simbillo, A.C. No. 5299, 19 Aug. 2003)

O
NOTE: The rule against solicitation applies to a

lawyer who offers monetary reward to those who
EB
can serve as witness/es in the case, which he is

handling. (CPR Annotated, PhilJA)
R

Legal Ethics
TRUE, HONEST, FAIR, DIGNIFIED AND violation of Canon 3 of the CPR. The phrase “We also
OBJECTIVE INFORMATION ON LEGAL SERVICES offer financial assistance.” was clearly used to entice
clients who already had representation to change
counsels with a promise of loans to finance their
CANON 3
A lawyer in making known his legal services legal actions. Money was dangled to lure clients
S.
shall use only true, honest, fair, dignified and away from their original lawyers, thereby taking
objective information or statement of facts. advantage of their financial distress and emotional
S,
vulnerability. This crass commercialism degraded
Brazen commercialization of legal services is the integrity of the bar and deserves no place in the
ES
not allowed. legal profession. (Linsangan v. Atty. Tolentino, A.C.
No. 6672, 04 Sept. 2009)
The practice of law is not a trade like the sale of
C
commodities to the general public where "the usual Q: As a new lawyer, Attorney Novato started
with a practice limited to small claims cases,
IN
exaggerations in trade, when the proper party had
the opportunity to know the facts, are not in legal counseling, and notarization of documents.
themselves fraudulent.” (Art. 1340, New Civil Code He put up a solo practice law office and was
PR
(NCC)) assisted by his wife who served as his
secretary/helper. He used a makeshift hut in a
Q: Atty. E has a daily 10-minute radio program vacant lot near the local courts and a local
ZA
billed as a “Court of Common Troubles.” The transport regulatory agency. With this strategic
program is advertised by the radio station as a location, he enjoyed heavy patronage assisting
public service feature for those who seek but walk-in clients in the preparation and filing of
EZ
cannot afford to pay for legal advice. Its pleadings and in the preparation and
sponsors include a food processing company notarization of contracts and documents. He had
and a detergent manufacturing firm which share the foresight of investing in a good heavy -duty
-D
with the radio station the monthly copier machine that reproduces quality
renumeration of Atty. E. Is there any documents, and charges a reasonable fee for this
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impropriety in Atty. E’s role under the above service. He put up a shingle that reads: “Atty.
arrangement? (1997 BAR) Novato, Specialist in Small Claims, Fastest in
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Notarization; the Best and Cheapest in Copier

A: YES. Giving advice on legal matters through the Services.” Is Attorney Novato’s manner of
medium of a newspaper column or radio station or carrying out his professional practice in keeping
G
television broadcast is improper. It would involve with appropriate ethical and professional
indirect advertising and violation of the confidential practice? (2013 BAR)
S,
relation between the lawyer and the client. (Agpalo,

2002; Canon 5, CPR) A: NO. Attorney Novato’s manner of carrying out his
O
professional practice is not in keeping with

appropriate ethical and professional practice. He
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Q: Atty. Nelson recently passed the Bar and

wanted to specialize in marine labor law. He has degraded the law profession which may result
gave out calling cards with his name, address in loss of respect to lawyers as a whole.
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and telephone number in front, and the

following words at the back: “We provide legal The use of a makeshift hut standing alone would
EB
assistance to overseas seamen who are create the impression that the lawyer does not have
repatriated due to accident, illness, injury, or a permanent address which is required to be stated
death. We also offer FINANCIAL ASSISTANCE.” in all pleadings he signs as well as required to be
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Does this constitute ethical misconduct? (2012 shown in documents he notarizes.

BAR)
A: YES. The calling card contains advertisement in

`
2022 GOLDEN NOTES
His shingle shows that he has considered the law a lawyer; and
profession as a business. He should have a separate 4. Representations concerning the quality of
shingle for his copier services business. service, which cannot be measured or verified.
(CPR Annotated, PhilJA)
When he included in his shingle the phrases
S.
“Specialist in Small Claims” and “Fastest in RULE 3.02, CANON 3
Notarization” he has transgressed the rule that a In the choice of a firm name, no false,
S,
lawyer in making known his legal services shall use misleading or assumed name shall be used.
only dignified information or statement of facts. He The continued use of the name of a deceased
ES
has also violated the norm that a lawyer shall not partner is permissible provided that the firm
use or permit the use of any misleading, undignified, indicates in all its communications that said
self-laudatory or unfair statement or claim partner is deceased. (1994, 1996, 2001 BAR)
C
regarding his qualifications or legal services. (Canon
3, CPR) A lawyer is not authorized to use a name other than
IN
the name inscribed in the Roll of Attorneys in his
RULE 3.01, CANON 3 practice of law. (Pangan v. Atty. Ramos, A.M. No. 1053,
PR
A lawyer shall not use or permit the use of any 07 Sept. 1979)
false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement Rationale behind the Rule that the Name of
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or claim regarding his qualifications or legal Deceased Partner may still be used
services. (1997 BAR)
All the partners have, by their joint and several
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Any false, exaggerating or untrue claims about his efforts over a period of years contributed to the
qualification are unethical. goodwill attached to the firm name. In the case of a
firm having widespread connections, this goodwill
-D
Example: When a lawyer represents to a is disturbed by a change in firm name every time a
prospective client that he has never lost a single partner dies, and that reflects a loss in some degree
W
case in his entire career. Certainly, this is impossible of the goodwill to the building up of which the
for the best lawyers in the country have experienced surviving partners have contributed their time, skill
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losing cases. (Antiquiera, 1992) and labor through a period of years. (CPR Annotated,
PhilJA)
Self-laudation is prohibited.
G
NOTE: No name not belonging to any of the partners

Certain self-laudatory information such as election or associates may be used in the firm name for any
S,
to a public office, scholastic honors and purpose.

achievements, and legal authorships may be
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disseminated. What is prohibited is that which Continued use of the name of a deceased partner is
“creates an unjustified expectation about results the permissible provided that the firm indicates in all its
LL
lawyer can achieve.” (Funa, 2009) communications that said partner is deceased. The
use of a cross after the name of the deceased partner
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Examples of Advertisements which are is sufficient indication. It is advisable though that

considered as deceptive the year of the death be also indicated.
EB
1. Misstatements of fact; The use of the firm name of a foreign law firm is
2. Suggestions that the ingenuity or prior record unethical. (Pineda, 2009)
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of a lawyer rather than the justice of the claim

are the principal factors likely to determine the Maintaining a disbarred lawyer’s name in the firm
result; name is different from using a deceased partner’s
3. Inclusion of information irrelevant in selecting name in the firm name. Canon 3, Rule 3.02 allows

Legal Ethics
the use of a deceased partner’s name as long as injunction as threatened by Atty. Gatdula
there is an indication that the partner is deceased. despite the fact that the MTC Branch 37 had
This ensures that the public is not misled. On the issued an Order directing the execution of the
other hand, the retention of a disbarred lawyer’s Decision in a prior civil case. Samonte filed an
name in the firm name may mislead the public into administrative case for misconduct. Did Atty.
S.
believing that the lawyer is still authorized to Gatdula violate the Code of Conduct and Ethical
practice law. The use of a deceased partner’s name Standards for the Public Officials and
S,
in a law firm’s name was allowed upon the Employees?
effectivity of the CPR, with the requirement that “the
ES
firm indicates in all its communications that said A: YES. The card clearly gives the impression that he
partner is deceased.” On the other hand, this court is connected with the said law firm. The
has ruled that the use of the name of a person who inclusion/retention of his name in the professional
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is not authorized to practice law constitutes card constitutes an act of solicitation which violates
contempt of court. (Kimteng v. Young, G.R. No. Section 7(b)(2) of R.A. No. 6713, otherwise known
IN
210554, 05 Aug. 2015) as “Code of Conduct and Ethical Standards for the
Public Officials and Employees” which declares it
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RULE 3.03, CANON 3 unlawful for a public official or employee to, among
Where a partner accepts public office, he shall others: (2) Engage in the private practice of their
withdraw from the firm and his name shall be profession unless authorized by the Constitution or
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dropped from the firm name unless the law law, provided that such practice will not conflict or
allows him to practice law concurrently. tend to conflict with official functions. (Samonte v.
Gatdula, A.M. No. 99-1292, 26 Feb. 1999)
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Name of a partner in law firm should be dropped if
appointed as judge since he is no longer allowed to RULE 3.04, CANON 3
practice law. (Pineda, 2009) A lawyer shall not pay or give anything of value
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to representatives of the mass media in

RATIONALE: To prevent the law firm or partners anticipation of, or in return for, publicity to
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from making use of the name of the public official to attract legal business.
attract business and to avoid suspicion of undue
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influence. RATIONALE: To prevent some lawyers from

gaining an unfair advantage over others through the
Q: Samonte alleges that when she went to use of gimmickry, press pageantry or other artificial
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Branch 220, RTC-QC to inquire about the reason means.

for the issuance of the TRO, Atty. Rolando
S,
Gatdula (Clerk of Court) blamed her lawyer for Q: Fiscal Salva conducted the investigation of a
writing the wrong address in the complaint for case concerning the killing of Monroy, in the
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ejectment. He told her that if she wanted the session hall of the Municipal Court of Pasay City
execution to proceed, she should change her to accommodate the public and members of the
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lawyer and retain the law office of Atty. Gatdula, press. He also told the press that “if you want to
at the same time giving his calling card with the ask questions, I am allowing you to do so and the
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name "Baligod, Gatdula, Tacardon, Dimailig and questions will be reproduced as my own.” Is the
Celera" with office at Rm. 220 Mariwasa Bldg., act of Fiscal Salva unethical?
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717 Aurora Blvd., Cubao, Quezon City, otherwise,

she will not be able to eject the defendant. A: YES. Fiscal Salva should be publicly censured for
the uncalled for, and wide, publicity and
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Samonte told Atty. Gatdula that she could not sensationalism that he had given to, and allowed in
decide because she was only representing her connection with, his investigation, whatever be his
sister. To her consternation, the RTC Branch 220 motive, which is considered and found to be
issued an order granting the preliminary contempt of court. (Cruz v. Salva, G.R. No. L-12871,
`
2022 GOLDEN NOTES
25 July 1959) PARTICIPATION IN THE IMPROVEMENT AND

REFORMS IN THE LEGAL SYSTEM
CANON 4
A lawyer shall participate in the development
S.
of the legal system by initiating or supporting
efforts in law reform and in the improvement
of the administration of justice.
S,
By reason of education and experience, lawyers are
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especially qualified to recognize deficiencies in the
legal system and to initiate corrective measures
therein.
C
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Thus, they should participate in proposing and
supporting legislation and programs to improve the
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system, without regard to the general interests or
desires of clients or former clients. (Ethical
Consideration 8-1, 1978, Model Code of Professional
Responsibility, American Bar Association)
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1. Presenting position papers or resolutions for
the introduction of pertinent bills in Congress;
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or,
2. Petitions with the Supreme Court for the
amendment of the Rules of Court.
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Endorsement by a Lawyer
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A lawyer may, with propriety, endorse a candidate

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and seek endorsement from other lawyers. A lawyer

should not use or attempt to use the power or
prestige of the judicial office to secure such
S,
endorsement.
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On the other hand, the lawyer whose endorsement

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is sought should have the courage and moral

stamina to refuse the request for endorsement if he
believes the candidate lacks the essential
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qualifications for the office or believes the opposing

candidate is better qualified. (ABA Opinion 189
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(1938); Funa, 2009)

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Legal Ethics
PARTICIPATION IN THE LEGAL EDUCATION Three-fold Obligation of a Lawyer under this

PROGRAM Canon
CANON 5 The following are the obligations of a lawyer under

A lawyer shall keep abreast of legal Canon 5:
S.
developments, participate in continuing legal
education programs, support efforts to achieve 1. He/She owes it to himself/herself to continue
S,
high standards in law schools as well as in the improving his knowledge of the laws.
practical training of law students and assist in 2. He/She owes it to his/her profession to take an
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disseminating information regarding the law active interest in the maintenance of high
and jurisprudence. standards of legal education.
3. He/She owes it to the lay public to make the law
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This duty carries with it the obligation to be well- a part of their social consciousness. (Pineda,
informed of the existing laws and to keep abreast 2009)
IN
with legal developments, recent enactment, and
jurisprudence. It is imperative that they be
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conversant with the basic legal principles.
Unless they faithfully comply with such duty, they
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may not be able to discharge competently and
diligently their obligations as members of the Bar.
Worse, they may become susceptible to committing
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mistakes. (Dulalia Jr. v. Cruz, A.C. No. 6854, 25 Apr.
2007, citing Santiago v. Rafanan, A.C. No. 6252, 05 Oct.
2004)
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The latest circular of the Supreme Court provides

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for the mandatory attendance of all lawyers in the

“Mandatory Continuing Legal Education” (MCLE)
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program of the IBP. Law practitioners have to

comply with the thirty-six (36) hours of mandatory
legal education as a pre-condition to the non-
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revocation of license to practice law. (Antiquiera,

1992)
S,
A member who, for whatever reason, is in non-

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compliance at the end of the compliance period shall

pay a non-compliance fee. Any member who fails to
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satisfactorily comply with Section 2 of Rule 12 shall

be listed as a delinquent members by the IBP Board
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of Governors upon the recommendation of the

MCLE Committee, in which case, Rule 139-A of the
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Rules of Court shall apply. (Mendoza-Arcega and

Dechavez, 2020)
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`
2022 GOLDEN NOTES
LAWYERS IN THE GOVERNMENT AND counsel or maintain such actions or proceedings

DISCHARGE OF OFFICIAL TASKS only as appear to him to be just and such defenses
only as he believes to be honestly debatable under
CANON 6 the law. (Sec. 20(c), Rule 138)
These canons shall apply to lawyers in
S.
government service in the discharge of their The Canons of The Code of Professional
official tasks. Responsibility are applicable to government
S,
lawyers in the performance of their official tasks.
Lawyers employed in the government should be (Canon 6, CPR)
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more sensitive in the performance of their
professional obligations as their conduct is subject RULE 6.01, CANON 6
to constant scrutiny of the public. (Vitriolo v. Dasig, The primary duty of a lawyer engaged in public
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A.C. No. 4984, 01 Apr. 2003) prosecution is not to convict but to see to it that
justice is done. The suppression of facts or the
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Canon 6 of the Code of Professional Responsibility concealment of witnesses capable of
laid down the rules to be observed by government establishing the innocence of the accused is
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lawyers in the performance of thei functions. More highly reprehensible and is cause for
specifically, Canon 6 highlights the continuing disciplinary action.
standarc of ethical conduct to be observed by
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government lawyers in the discharge of their official Q: From the viewpoint of legal ethics, why
tasks. In addition to the standard of conduct laid should it be mandatory that the public
down under R.A. No. 6713 for government prosecutor be present at the trial of a criminal
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employees, a lawyer in the government service is case despite the presence of a private
obliged to observe the standard of conduct under prosecutor? (2001 BAR)
the Code of Professional Responsibility.
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A: The public prosecutor must be present at the trial

Since public office is a public trust, the ethical of the criminal case despite the presence of a private
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conduct demanded upon lawyers in the government prosecutor in order to see to it that the interest of
service is more exacting than the standards for the State is well-guarded and protected, should the
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those in private practice. Lawyers in the private prosecutor be found lacking in competence
government service are subject to constant public in prosecuting the case. Moreover, the primary duty
scrutiny under norms of public accountability. They of a public prosecutor is not to convict but to see to
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also bear the heavy burden of having to put aside it that justice is done (Rule 6.01, CPR). A private
their private interest in favor of the interest of the prosecutor would be naturally interested only in the
S,
public; their private activities should not interfere conviction of the accused.
with the discharge of their official functions.
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(Mendoza-Arcega and Dechavez, 2020) Q: When may a private prosecutor appear in

behalf of the State even without the presence or
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Q: Provincial Prosecutor Bonifacio refused to supervision of a public prosecutor?

represent the Municipality of San Vicente in a
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case for collection of taxes. He explained that he A: All criminal actions either commenced by
cannot handle the case with sincerity and complaint or by information shall be prosecuted
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industry because he does not believe in the under the direction and control of a public
position taken by the municipality. Can prosecutor. In case of heavy work schedule of the
Prosecutor Bonifacio be sanctioned public prosecutor or lack of public prosecutors, the
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administratively? (2006 BAR) private prosecutor may be authorized in writing by

the Chief of the Prosecution Office or the Regional
A: NO. A lawyer may refuse a case which he believes State Prosecutor to prosecute the case subject to the
to be unmeritorious, because it is “his duty to approval of the court.

Legal Ethics
Note: Once so authorized to prosecute the criminal RULE 6.03, CANON 6

action, the private prosecutor shall continue to A lawyer shall not, after leaving government
prosecute the case up to end of the trial even in the service, accept engagement or employment in
absence of a public prosecutor, unless the authority connection with any matter in which he had
is revoked or otherwise withdrawn. (Sec. 5, Rule 110, intervened while in said service. (1992, 1993,
S.
Rules of Court, as amended by A.M. No. 02-2-07-SC 2001 BAR)
effective 01 May 2002)
S,
The restriction provided under the rule covers
RULE 6.02, CANON 6 engagement or employment which means that he
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A lawyer in the government service shall not cannot accept any work or employment from
use his public position to promote or advance anyone that will involve or relate to the matter in
his private interests, nor allow the latter to which he intervened as a public official, except on
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interfere with his public duties. behalf of the body or authority which he served
during his public employment. (CPR Annotated,
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Restriction on Lawyers who are also Public PhilJA)
Officials and Employees during their
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Incumbency NOTE: Sec. 7(b) of R.A. No. 6713 prohibits a former
public official or employee for a period of 1 year
They must NOT: (P-E-R-U) after retirement or separation from office to
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practice his or her profession in connection with
1. engage in the Private practice of their any matter before the office he or she used to be
profession unless authorized by the with.
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Constitution or law, provided that such practice
will not conflict or tend to conflict with their Q: Solicitor General Estelito Mendoza filed a
official functions. petition with the CFI praying for the assistance
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2. own, control, manage or accept Employment as and supervision of the court in the GenBank’s
officer, employee, consultant, counsel, broker, liquidation. Mendoza gave advice on the
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agent, trustee or nominee in any private procedure to liquidate the GenBank.

enterprise regulated, supervised or licensed by Subsequently, President Aquino established the
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their office unless expressly allowed by law. PCGG to recover the alleged ill-gotten wealth of
3. Recommend any person to any position in a former President Marcos, his family and cronies.
private enterprise which has a regular or
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pending official transaction with their office. The PCGG filed with the Sandiganbayan a
4. Use or divulge confidential or classified complaint for reversion, reconveyance,
S,
information officially known to them by reason restitution, accounting and damages against
of their office and not available to the public. Tan, et al. and issued several writs of
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sequestration on properties they allegedly

Rule 6.01 vs. Rule 6.02 acquired. Tan, et al. were represented by former
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SolGen Mendoza, who has then resumed his

Unlike Rule 6.01, 6.02 is not limited to public private practice of law. The PCGG filed motions
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prosecutors, or public lawyers engaged principally to disqualify Mendoza as counsel for Tan, et al.,
in criminal prosecution cases. The restriction alleging that then SolGen and counsel to Central
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applies particularly to lawyers in government Bank, “actively intervened” in the liquidation of

service, who are allowed by law to engage in private GenBank, which was subsequently acquired by
law practice, and those who, though prohibited Tan, et al. Is Rule 6.03 of the CPR applicable to
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from engaging in the practice of law, have friends, Mendoza?

former associates and relatives who are in the active
practice of law. (CPR Annotated, PhilJA)
`
2022 GOLDEN NOTES
A: NO. The advice given by Mendoza on the NOTE: “Congruent-interest representation conflict,”
procedure to liquidate the GenBank is not the unlike the “adverse-interest conflict,” is unique to
“matter” contemplated by Rule 6.03 of the CPR. former government lawyers. (PCGG v.
Sandiganbayan, G.R. Nos. 151809-12. 12 Apr. 2005)
ABA Formal Opinion No. 342 is clear in stressing
S.
that the “drafting, enforcing or interpreting
government or agency procedures, regulations or
S,
laws, or briefing abstract principles of law” are acts
which do not fall within the scope of the
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term “matter”.
However, this concern does not cast shadow in the
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case at bar. The act of Mendoza in informing the
Central Bank on the procedure on how to liquidate
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the GenBank is a different from the subject matter
of the civil case about the sequestration of the
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shares of Tan et al. in Allied Bank.
Consequently, the danger that confidential official
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information might be divulged is still nil, if not
inexistent. Their interests coincide instead of
colliding. (PCGG v. Sandiganbayan, G.R. Nos. 151809-
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12, 12 Apr. 2005)
Adverse-Interest Conflict vs. Congruent-Interest

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Conflict
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ADVERSE- CONGRUENT-
INTEREST INTEREST
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CONFLICTS REPRESENTATION
CONFLICTS
As to the Scenarios Applicable
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Exist where the The disqualification

matter in which the does not involve a
S,
former government conflict at all, because it

lawyer represents a prohibits the lawyer
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client in private from representing a

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practice is private practice client

substantially related even if the interests of
to the matter that the the former government
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lawyer dealt with client and the new client

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while employed by are entirely parallel.

the government and
the interests of the
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government and the

interests of the
current and former
are adverse.

Legal Ethics
1999)
B. TO THE LEGAL PROFESSION
(CANONS 7 TO 9) Fundamental Purposes of the IBP
The IBP is established in order to:
S.
1. elevate the standards of the legal profession;
INTEGRATED BAR OF THE PHILIPPINES (IBP) 2. improve the administration of justice; and
S,
3. enable the Bar to discharge its public
CANON 7 responsibility more effectively. (Sec. 2, Rule
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A lawyer shall at all times uphold the integrity 139-A, Rules of Court, as amended)
and dignity of the legal profession and support
the activities of the integrated bar. NOTE: The Philippines is divided into nine (9)
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Regions of the Integrated Bar, with a Chapter
It is an official national body composed of all organized in every province. Each Chapter shall
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persons whose names now appear or may hereafter have its own local government as provided for by
be included in the Roll of Attorneys of the Supreme uniform rules to be prescribed by the Board of
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Court. (Sec. 1, Rule 139-A, Rules of Court, as Governors and approved by the Supreme Court.
amended) (Secs. 3 and 4, Rule 139-A, Rules of Court, as
amended)
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Statutory Basis
Constitutionality of the IBP Integration
R.A. No. 6397, otherwise known as “An Act
EZ
Providing for the Integration of the Philippine Bar, The practice of law is not a vested right but a
and Appropriating Funds Therefor.” The Supreme privilege clothed with public interest. Hence, it is
Court may adopt rules of court to effect the fair and just that the exercise of that privilege be
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Integration of the Philippine Bar under such regulated to assure compliance with the lawyer's
conditions as it shall see fit in order to raise the public responsibilities. Given existing bar
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standards of the legal profession, improve the conditions, the most efficient means of doing so is
administration of justice and enable the bar to by integrating the Bar through a rule of court that
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discharge its public responsibility more effectively. requires all lawyers to pay annual dues to the
(Sec. 1) Integrated Bar. (In the Matter of the Integration of
the Bar of the Philippines, 49 SCRA 22, 09 Jan. 1973)
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NOTE: The Integrated Bar is a state-organized bar,

to which every lawyer must belong, as distinguished Structure of the IBP Board
S,
from bar associations organized by lawyers

themselves, where membership is voluntary. It is a Nine (9) Governors shall be elected by the House of
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national organization of lawyers created on 16 Jan. Delegates from the nine (9) Regions on the
1973 under Rule 139-A of the Rules of Court, and representation basis of one Governor from each
LL
constituted on 04 May 1973 into a body corporate Region. Each Governor shall be chosen from a list of
by P.D. No. 181. nominees submitted by the Delegates from the
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Region, provided that not more than one (1)

Integration of the Bar nominee shall come from any Chapter. The
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President and the Executive Vice President, if

The integration of the Philippine Bar means the chosen by the Governors from outside of
official unification of the entire lawyer population, themselves as provided in Section 7 of this Rule,
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and this requires membership and financial support shall ipso facto become members of the Board. (Sec.
of every attorney as condition sine qua non to the 6, Rule 139-A, Rules of Court, as amended)
practice of law and the retention of his name in the
Roll of Attorneys of the Supreme Court. (Pineda,
`
2022 GOLDEN NOTES
Term of Members of the IBP Board rotation by exclusion shall be adopted since the
elections would be more genuine as the opportunity
The Governors shall hold office for a term of two (2) to serve as Governor at any time is once again open
years from July 1 immediately following their to all chapters, unless, of course, a chapter has
election to June 30 of their second year in office and already served in the new cycle.
S.
until their successors shall have been duly chosen
and qualified. (Sec. 38, Art. VI, IBP By-Laws) While predictability is not altogether avoided, as in
S,
the case where only one chapter remains in the
Principle of Rotation cycle, still, as previously noted by the Court “the
ES
rotation rule should be applied in harmony with,
Under this principle, the governorship of a region and not in derogation of, the sovereign will of the
shall rotate once in as many terms as the number of electorate as expressed through the ballot.” (In the
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chapters there are in the region, to give every Matter of the Brewing Controversies in the Elections
chapter a chance to represent the region in the of the IBP, A.M. No. 09-5-2-SC, 04 Dec. 2012)
IN
Board of Governors. Thus, in a region composed of
5 chapters, each chapter is entitled to the Transferring to another IBP Chapter is not a
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governorship once in every 5 terms, or once every ground for disqualification to run as IBP
ten (10) years, since a term is two (2) years. (Atty. Governor.
Magsino et al. v. Atty. Vinluan, A.M. No. 09-5-2-SC, 14
ZA
Dec. 2010) Transferring to another IBP Chapter is not a ground
for disqualification for the post of IBP Governor as
NOTE: The principle on rotation shall be strictly the same is allowed under Section 19 of the IBP By-
EZ
implemented. All prior elections for governor in the Laws with the qualification only that the transfer be
region shall be reckoned with or considered in made not less than three months immediately
determining who should be the governor to be preceding any chapter election. (Velez v. De Vera, A.C.
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selected from the different chapters to represent No. 6697, 25 July 2006)
the region in the Board of Governors. (Bar Matter No.
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586, 16 May 1991) Board Meetings

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Kinds of Rotation The Board shall meet regularly once every three
months, on such date and at such time and place as
1. Rotation by Pre-ordained Sequence. It is it shall designate. A majority of all the members of
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effected by the observance of the sequence of the Board shall constitute a quorum to do business.
the service of the chapters in the first cycle, Special meetings may be called by the President or
S,
which is predictable. by five members of the Board. (Sec. 6, Rule 139-A,

Rules of Court, as amended)
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2. Rotation by Exclusion. It is effected by the

exclusion of a chapter who had previously IBP Officers
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served until all chapters have taken their turns

to serve. It is not predictable as each chapter The Integrated Bar shall have a/an:
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will have the chance to vie for the right to serve,

but will have no right to a re-election as it is 1. President;
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debarred from serving again until the full cycle 2. Executive Vice President who shall be chosen
is completed. (In the Matter of the Brewing by the Governors immediately after the latter’s
Controversies in the Elections of the Integrated election; either from among themselves or from
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Bar of the Philippines, A.M. No. 09-5-2-SC, 04 Dec. other members of the Integrated Bar, by the
2012) vote of at least five Governors. Each of the
regional members of the Board shall be ex
NOTE: In one case, the Supreme Court held that officio Vice President for the Region which he

Legal Ethics
represents; disability. Unless otherwise provided in these By-

3. Secretary; Laws, all other officers and employees appointed by
4. Treasurer; and, the President with the consent of the Board shall
5. Such other officers and employees as may be hold office at the pleasure of the Board or for such
required by the Board of Governors, to be term as the Board may fix. (Sec. 49, Article VII, IBP
S.
appointed by the President with the consent of By-Laws)
the Board, and to hold office at the pleasure of
S,
the Board or for such term as it may fix. Said Qualifications of a Regional IBP Governor
officers and employees need not be members of
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the Integrated Bar. (Sec. 7, Rule 139-A, Rules of A regional IBP Governor shall be:
Court, as amended) 1. a member in good standing in the IBP;
2. included in the voters list of his/her chapter or
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NOTE: No lawyer holding an elective, judicial, quasi- is not disqualified by the Integration Rule, by
judicial or prosecutory office in the Government or the By-Laws of the Integrated Bar, or by the By-
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any political subdivision or instrumentality thereof Laws of the Chapter to which he belongs;
shall be eligible for election or appointment to any 3. not belong to a chapter from which a regional
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position in the Integrated Bar or any Chapter governor has already been elected, unless the
thereof. election is the start of a new season or cycle;
and,
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A Delegate, Governor, officer or employee of the 4. not be in the government service. (In Re:
Integrated Bar, or an officer or employee of any Petition to disqualify Atty. De Vera, A.C. No. 6052,
Chapter thereof shall be considered ipso facto 11 Dec. 2003)
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resigned from his position as of the moment he files
his certificate of candidacy for any elective public NOTE: Moral fitness is not an explicit qualification
office or accepts appointment to any judicial, quasi- in the IBP by-laws.
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judicial, or prosecutory office in the Government or

any political subdivision or instrumentality thereof. Vacancy occurring in the IBP Presidency
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(Sec. 13, Rule 139-A, Rules of Court, as amended)

1. In the event the President is absent or unable to
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Term of Officers act, his duties shall be performed by the

Executive Vice President.
The President and the Executive Vice President
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shall hold office for a term of two years from July 1 2. In the event of the death, resignation, or
following their election until June 30 of their second removal of the President, the Executive Vice
S,
year in office and until their successors shall have President shall serve as Acting President during
been duly chosen and qualified. the remainder of the term of the office thus
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vacated.
In the event the President is absent or unable to act,
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his functions and duties shall be performed by the 3. In the event of the death, resignation, removal
Executive Vice President, and in the event of the or disability of both the President and the
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death, resignation, or removal of the President, the Executive Vice President, the Board of
Executive Vice President shall serve as Acting Governors shall elect an Acting President to
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President for the unexpired portion of the term. hold office until the next succeeding election or
during the period of disability. (Sec. 49, Article
In the event of the death, resignation, removal or VII, IBP By-Laws)
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disability of both the President and the Executive

Vice President, the Board of Governors shall elect an NOTE: He shall serve only the unexpired term.
Acting President to hold office for the unexpired
portion of the term or during the period of
`
2022 GOLDEN NOTES
Q: Atty. Ubano filed a motion seeking to nullify causing the distribution of such statement to be
the nomination of Atty. Chaguile as replacement done by persons other than those authorized by
of IBP Governor for Northern Luzon, Atty. the officer presiding at the elections;
Habawel, alleging that the IBP’s by-laws clearly 3. campaigning for or against any candidate, while
states that there must be first a vacancy or a holding an elective, judicial, quasi-judicial or
S.
prior resignation before the delegates of the prosecutory office in the Government or any
Region can lawfully elect a successor. On the political subdivision, agency or instrumentality
S,
other hand, the IBP-BOG alleges that it was not thereof;
necessary for a position to be absolutely vacant 4. formation of tickets, single slates, or
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before a successor may be appointed or elected combinations of candidates as well as the
and that it has been the "tradition" of the IBP advertising thereof; and,
that where the unexpired term is only for a very 5. for the purpose of inducing or influencing a
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short period of time, it is usually the BOG which member to withhold his vote, or to vote for or
appoints a replacement or an officer in charge to against a candidate:
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serve the unexpired term. Is the nomination
invalid? a. payment of the dues or other indebtedness
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of any member;
A: NO. It is not only erroneous but also absurd to b. giving of food, drink, entertainment,
insist that a vacancy must actually and literally exist transportation or any article of value, or
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at the precise moment that a successor to an office any similar consideration to any person;
is identified. Where a vacancy is anticipated with c. making a promise or causing an
reasonable certainty—as when a term is ending or expenditure to be made, offered or promise
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the effectivity of a resignation or a retirement is to any person. (Sec. 4, IBP By-Laws; In the
forthcoming—it is but reasonable that those who Matter of the Inquiry into the 1989 Elections
are in a position to designate a replacement act of the Integrated Bar of the Philippines, A.M.
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promptly. New officials are elected before the end of No. 491, 06 Oct. 1989).
an incumbent’s term; replacements are recruited
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(and even trained) ahead of an anticipated MEMBERSHIP AND DUES

resignation or retirement. This is necessary to
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ensure the smooth and effective functioning of an Q: The Integrated Bar of the Philippines adopted
office. Between prompt and lackadaisical action, the a resolution recommending to the Court the
former is preferable. It is immaterial that there is an removal of the name Marcial A. Edillon, a duly
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identified successor-in-waiting so long as there are licensed practicing attorney, from its Roll of
no simultaneous occupants of an office. (Re: Attorneys for stubborn refusal to pay his
S,
Nomination of Atty. Lynda Chauile, A.M. No. 13-04- membership dues to the IBP since its
03-SC, 10 Dec. 2013) constitution, notwithstanding due notice. Is
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Edillon correct in his objection that the Court is

Prohibited Acts and Practices relative to the without power to compel him to become a
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Elections of IBP Officers member of the IBP; hence, making Sec. 1 of Rule
139-A of the Rules of Court unconstitutional as it
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The following acts are prohibited in relation to infringes his constitutional right of freedom to
elections of IBP officers: associate (and not to associate)?
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1. distribution, except on election day, of election A: NO. To compel a lawyer to be a member of the
campaign materials; Integrated Bar is not violative of his constitutional
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2. distribution, on election day, of election freedom to associate. Integration does not make a
campaign materials other than a statement of lawyer a member of any group of which he is not
the bio data of the candidate on not more than already a member. He became a member of the Bar
one page of a legal size sheet of paper; or when he passed the Bar Examinations. What

Legal Ethics
integration does is to provide an official national determine with the approval of the Supreme Court.
organization for the well-defined but unorganized A fixed sum equivalent to ten percent (10%) of the
group of which every lawyer is already a member. collections from each Chapter shall be set aside as a
Welfare Fund for disabled members of the Chapter
Assuming that the questioned provision does in a and the compulsory heirs of deceased members
S.
sense compel a lawyer to be a member of the thereof. (Sec. 9, Rule 139-A, Rules of Court, as
Integrated Bar, such compulsion is justified as an amended)
S,
exercise of the police power of the State. (In the
Matter of IBP Membership Dues Delinquency of Atty. NOTE: Membership dues are not prohibited by the
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Edillon, A.C. No. 1928, 19 Dec. 1980) Constitution. The fee is imposed as a regulatory
measure, designed to raise funds for carrying out
NOTE: A lawyer does not automatically become a the purposes and objectives of the integration. (In
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member of the IBP chapter where he resides or the Matter of IBP Membership dues delinquency of
works after becoming a full-fledged member of the Atty. Marcial Edillon, A.M. No. 1928, 03 Aug. 1978)
IN
Bar. He has the discretion to choose the IBP Chapter
he wants to join. (Garcia v. De Vera, A.C. 6052, 11 Dec. Effect of Non-Payment of Dues
PR
2003)
Default in the payment of annual dues for six (6)
Unless he otherwise registers his preference for a months shall warrant suspension of membership in
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particular Chapter, a lawyer shall be considered a the Integrated Bar, and default in such payment for
member of the Chapter of the province, city, political one (1) year shall be a ground for the removal of the
subdivision or area where his office is or, in the name of the delinquent member from the Roll of
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absence thereof, his residence is located. In no case Attorneys (Sec. 10, Rule 139-A, Rules of Court, as
shall any lawyer be a member of more than one amended) subject to the requirement of due process.
Chapter. (Sec. 4, Rule 139-A, Rules of Court, as (Funa, 2009)
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amended)
Q: Atty. Llamas, for a number of years, has not
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Procedure for Voluntary Termination of indicated the proper PTR and IBP O.R. Nos. and
Membership data in his pleadings. He only indicated “IBP
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Rizal 259060” but he has been using this for at

A member may terminate his membership by filing least three (3) years. Atty. Llamas averred that
a written notice to that effect with the Secretary of he is only engaged in a “limited” practice of law
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the Integrated Bar, who shall immediately bring the and under R.A. No. 7432, as a senior citizen, he is
matter to the attention of the Supreme Court. exempt from payment of income taxes,
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Forthwith he shall cease to be a member and his including the payment of membership dues. Is
name shall be stricken by the Court from the Roll of Atty. Llamas correct?
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Attorneys. (Sec.11, Rule 139-A, Rules of Court, as

amended) A: NO. Rule 139-A requires that every member of
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the Integrated Bar shall pay annual dues and default

NOTE: Re-instatement may be made by the Court in thereof shall warrant the appropriate penalties. It
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accordance with rules and regulations prescribed does not matter whether or not Atty. Llamas is only
by the Board of Governors and approved by the engaged in “limited” practice of law. Moreover, the
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Court. (Sec. 11, Rule 139-A, Rules of Court, as exemption invoked by Atty. Llamas does not include
amended) exemption from payment of membership or
association dues. (Santos Jr. v. Atty. Llamas, A.C. No.
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Membership Dues 4749, 20 Jan. 2000)
Every member of the Integrated Bar shall pay such NOTE: R.A. No. 7432, or “An Act to Maximize the
annual dues as the Board of Governors shall Contribution of Senior Citizens to Nation Building,
`
2022 GOLDEN NOTES
Grants Benefits, and Special Privileges”, providing No Retirement in the IBP

20% discount to Senior Citizens DOES NOT apply to
IBP Dues. (Santos Jr. v. Atty. Llamas, A.C. No. 4749, 20 There is no such thing as retirement in the IBP as
Jan. 2000) understood in labor law. A lawyer, however, may
terminate his bar membership after filing the
S.
Q: Atty. Arevalo sought exemption from required verified notice of termination with the
payment of IBP dues for the alleged unpaid Secretary of the Integrated Bar. (In Re: Atty. Jose
S,
accountability for the years 1977-2005. He Principe, Bar Matter No. 543, 20 Sept. 1990).
alleged that after being admitted to the
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Philippine Bar in 1961, he became part of the UPHOLDING THE DIGNITY AND INTEGRITY OF
Philippine Civil Service then migrated to, and THE PROFESSION
worked in the USA from December 1986 until
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his retirement in 2003. He maintained that he RULE 7.01, CANON 7
cannot be assessed IBP dues for the years that he
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A lawyer shall be answerable for knowingly
was working in the Philippine Civil Service since making a false statement or suppressing a
the Civil Service law prohibits the practice of material fact in connection with his
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one’s profession while in government service, application for admission to the bar.
and neither can he be assessed for the years
when he was working in the USA. Is Atty. Arevalo The concealment of an attorney in his application to
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entitled to exemption from payment of his dues take the bar exams of the fact that he had been
during the time that he was inactive in the charged with or indicted for an alleged crime, is
practice of law? ground for revocation of his license to practice law.
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(In re: Victorino Lanuevo, A.M. No. 1162, 29 Aug.
A: NO. The Integration of the Philippine Bar means 1975)
the official unification of the entire lawyer
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population. This requires membership and financial Honest Mistake as Excuse in making False
support of every attorney as condition sine qua non Statement
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to the practice of law and the retention of his name

in the Roll of Attorneys of the Supreme Court. An honest mistake in making false statement may be
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a valid excuse but the burden of proof lies on the one

Payment of dues is a necessary consequence of who alleges it.
membership in the IBP, wherein no one is exempt.
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This means that the compulsory nature of payment On the other hand, to be liable for suppressing a fact
of dues subsists for as long as one’s membership in or information in the application, the suppression
S,
the IBP remains regardless of the lack of practice of, must be:
or the type of practice, the member is engaged in.
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There is nothing in the law or rules which allow 1. deliberately or knowingly made; and,
exemption from payment of membership dues
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2. the fact or information suppressed must be

(even if the lawyer is staying abroad). He could have material. (CPR Annotated, PhilJA)
informed the Secretary of the Integrated Bar of his
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intention to stay abroad before he left. In such case, Discovery of False Statements or Supression of
his membership in the IBP could have been Material Fact in the Application for Admission to
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terminated and his obligation to pay dues could the Bar

have been discontinued. (Letter of Atty. Arevalo, Jr.
requesting Exemption from Payment of Dues, B.M. No. If such happens before the candidate could take
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1.
1370, 09 May 2005) the bar examinations, then he will be denied
permission to take the examinations.
2. If it happens after the candidate had passed the

Legal Ethics
examinations but before having been taken his Q: Atty. Perenia got married in 2005. Then he
oath, then he will not be allowed to take his met another woman, Helen. They fell in love and
oath as a lawyer. cohabitated. Atty. Perenia would even bring
Helen along to social functions and introduce
3. If it happens after the candidate had taken his her as his second wife. Rule on the conduct of
S.
oath as a lawyer, then his name will be Atty. Perenia.
stricken from the Roll of Attorneys.
S,
A: It violates Rule 7.03 of the CPR. Shamelessly
Effect of Concealment of a Crime which does not flaunting his mistress constitutes an act which
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involve Moral Turpitude embarrasses and discredits the law profession since
it is his duty and obligation to uphold the dignity
Concealment will be taken against him. It is not the and integrity of the profession. The actuation of Atty.
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commission of the crime that makes him morally Perenia is contrary to good morals. While it has
unfit to become a lawyer, but it is the concealment been held in disbarment cases that the mere fact of
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that he committed. When he made concealment he sexual relations between two unmarried adults is
perpetrated perjury. (In re: Victorino Lanuevo, A.M. not sufficient to warrant administrative sanction for
PR
No. 1162, 29 Aug. 1975) such illicit behavior, it is not so with respect to
betrayals of the marital vow of fidelity. Even if not all
RULE 7.02, CANON 7 forms of extra-marital relations are punishable
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A lawyer shall not support the application for under penal law, sexual relations outside marriage
admission to the bar of any person known by is considered disgraceful and immoral as it
him to be unqualified in respect to character, manifests deliberate disregard of the sanctity of
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education, or other relevant attribute. marriage and the marital vows protected by the
Constitution and affirmed by our laws. (Vitug v.
The rationale behind the rule goes beyond the Rongcal, A.C. No. 6313, 07 Sept. 2006)
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personal responsibility to be upright and honest. It

further extends to the lawyer’s responsibility to Q: Atty. Kuripot was one of Town Bank’s valued
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uphold the integrity and dignity of the profession, clients. In recognition of his loyalty to the bank,
by not blindly issuing certifications in support of he was issued a gold credit card with a credit
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applications for admission to the bar of persons limit of ₱250,000.00. After two months, Atty.
known to him or her to have questionable character, Kuripot exceeded his credit limit, and refused to
inadequate education or other relevant attributes pay the monthly charges as they fell due. Aside
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not consistent with any or all of the requirements from a collection suit, Town Bank also filed a
for admission (CPR Annotated, PhilJA). disbarment case against Atty. Kuripot. In his
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comment on the disbarment case, Atty. Kuripot

RULE 7.03, CANON 7 insisted that he did not violate the CPR since his
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A lawyer shall not engage in conduct that obligation to the bank was personal in nature
adversely reflects on his fitness to practice law, and had no relation to his being a lawyer. Is Atty.
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nor shall he, whether in public or private life, Kuripot correct? Explain your answer. (2005
behave in a scandalous manner to the discredit BAR)
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of the legal profession. (2004 BAR)

A: NO. Atty. Kuripot is not correct. Section 7.03 of
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NOTE: A member of the Bar and officer of the court the CPR provides that “a lawyer shall not engage in
is not only required to refrain from adulterous conduct that adversely affects his fitness to practice
relationships, or the keeping of mistresses, but must law, nor shall he, whether in public or private life,
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also so behave himself as to avoid scandalizing the behave in a scandalous manner to the discredit of
public by creating the belief that he is flouting those the legal profession.”
moral standards. (Zaguirre v. Castillo, A.C. No. 4921,
06 Mar. 2003)
`
2022 GOLDEN NOTES
Q: Should Atty. Kuripot be held administratively A: YES. Good character is a continuing qualification
liable for his refusal to settle his credit card bill? for lawyers. The Court has the power to impose
(2005 BAR) disciplinary sanctions to lawyers who commit acts
of misconduct in either a public or private capacity
A: He may NOT be held administratively liable. The if the acts show them unworthy to remain officers of
S.
Supreme Court has held that it does not have the court.
original jurisdiction over complaints for collection
S,
of debts. The creditor’s course of action is civil, not Canon 7, Rule 7.03 of the CPR provides that “A
administrative, in nature and proper reliefs may be lawyer shall not engage in conduct that adversely
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obtained from the regular courts. (Litigio v. Dicon, reflects on his fitness to practice law, nor shall he
A.M. No. MTJ-93-806, 13 July 1995) whether in public or private life, behave in a
scandalous manner to the discredit of the legal
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Q: Atty. Capito was supposed to represent profession.”
Milagros in a claim for support against her
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husband but no legal action was taken. He then By itself, the act of humiliating another in public by
borrowed 4,000 from Milagros. He was also slapping him or her on the face hints of a character
PR
permitted to stay in the house of Milagros for that disregards the human dignity of another. Atty.
two (2) weeks but he prolonged his stay to a Medina’s question to Ricafort confirms such
month and reneged on his promise to pay. Atty. character and his potential to abuse the profession
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Capito continued to borrow money from her and as a tool for bullying, harassment, and
the debt grew to ₱16,000. When Milagros finally discrimination. His act discredits the legal
met him to collect the debt, Atty. Capito, in the profession by perpetuating a stereotype that is
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presence of several others, told her “Eh kung unreflective of the nobility of the profession.
sabihin ko na sugar mommy kita”. Rule on the (Ricafort v. Medina, A.C. No. 5179, 31 May 2016)
conduct of Atty. Capito.
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The defense of in pari delicto is a sufficient

A: Atty. Capito is guilty of gross discourtesy ground for disbarment.
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amounting to conduct unbecoming of a court

employee. By such violation, he failed to live up to In a disbarment proceeding, it is immaterial that the
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his oath of office as member of the Integrated Bar of complainant was also at fault, in pari delicto,
the Philippines and violated Rules 7.03 and 8.01 of because this is not a proceeding to grant relief to the
the CPR. He should not use abusive, offensive, complainant, but one to purge the law profession of
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scandalous, menacing, and improper language. A unworthy members, to protect the public and the
lawyer’s every act or word should be marked by courts. Pari delicto is not always a complete defense.
S,
prudence, restraint, courtesy, and dignity. (In re: (Mortel v. Aspiras, A.M. No. 145, 28 Dec. 1956)
Complaints of Mrs. Milagros Lee & Samantha Lee
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against Atty. Gil Luisito R. Capito, A.M. No. 2008-19-

SC, 18 Aug. 2010)
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Q: Ricafort filed a complaint for disbarment

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against Atty. Medina. Ricafort alleged that his

tricycle sideswiped Atty. Medina’s car along
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Sarvida Street in Surigao City. Atty. Medina then

alighted from his car and confronted Ricafort.
The latter allegedly snapped at him, saying: “Do
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you not know me?" and proceeded to slap him,

and then left. Should Atty. Medina be held
administratively liable?

Legal Ethics
COURTESY, FAIRNESS, AND CANDOR TOWARDS fellow lawyer. The Court has constantly reminded
PROFESSIONAL COLLEAGUES lawyers to use dignified language in their pleadings
despite the adversarial nature of our legal system.
CANON 8 (Barandon v. Ferrer, Sr., A.C. No. 5768, 26 Mar. 2010)
A lawyer shall conduct himself with courtesy,
S.
fairness and candor towards his professional Q: Atty. Y, in his motion for reconsideration of
colleagues, and shall avoid harassing tactics the Decision rendered by the NLRC, alleged that
S,
against opposing counsel. there was connivance of the NLRC
Commissioners with Atty. X for monetary
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The lawyer’s arguments, whether written or oral, considerations in arriving at the questioned
should be gracious to both the court and opposing decision. He insulted the Commissioner for their
counsel and be of such words as may be properly ineptness in appreciating the fact as borne by
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addressed by one gentleman to another. (National the evidence presented. Atty. X files an
Security Co. v. Jarvis, 278 U.S. 610) administrative complaint against Atty. Y for
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using abusive language. Atty. Y posits that as a
A lawyer’s language should be forceful but dignified, lawyer for the down-trodden laborers, he is
PR
emphatic but respectful as befitting an advocate and entitled to express his righteous anger against
in keeping with the dignity of the legal profession. the Commissioners for having cheated them;
The use of unnecessary language is proscribed if we that his allegations in the motion for
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are to promote high esteem in the courts and trust reconsideration are absolutely privileged; and
in judicial administration. (Lacurom v. Jacoba, A.C. that proscription against the use of abusive
No. 5921, 10 Mar. 2006) language does not cover pleadings filed with the
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NLRC, as it is not a court, nor are any of its
Q: Atty. Ferrer filed a reply with opposition to Commissioners Justices or Judges. Is Atty. Y
motion to dismiss that contained abusive, administratively liable under the CPR? Explain.
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offensive, and improper language which (2010 BAR)

insinuated that Atty. Barandon presented a
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falsified document in court. He also filed a A: YES. Atty. Y has violated Canons 8 and 11 of the
fabricated charge against Atty. Barandon in CPR; hence, is administratively liable. A lawyer shall
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another case for alleged falsification of public not, in his professional dealings, use language which
document. Furthermore, at the courtroom is abusive, offensive or otherwise improper. The
of MTC Daet before the start of hearing, argument that the NLRC is not a court, is unavailing.
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Atty. Ferrer, evidently drunk, threatened The lawyer remains a member of the Bar, an “oath-
Atty. Barandon saying, "Laban kung laban, bound servant of the law, whose first duty is not to
S,
patayan kung patayan, kasama ang lahat ng his client but to the administration of justice and
pamilya. Wala na palang magaling na abogado whose conduct ought to be and must be
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sa Camarines Norte, ang abogado na rito ay mga scrupulously observant of the law and ethics.”
taga-Camarines Sur, umuwi na kayo sa
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Camarines Sur, hindi kayo taga-rito." Is he guilty Moreover, the argument that labor practitioners are
of violation of the CPR? entitled to some latitude of righteous anger is
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unavailing. It does not deter the Court from

A: YES. Canon 8 of the CPR commands all lawyers to exercising its supervisory authority over lawyers
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conduct themselves with courtesy, fairness, and who misbehave or fail to live up to that standard
candor towards their fellow lawyers and avoid expected of them as members of the Bar. (Johnny Ng
harassing tactics against opposing counsel. v. Atty. Alar, A.C. No. 7252, 22 Nov. 2006)
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Atty. Ferrer’s actions do not measure up to this

Canon. Moreover, Atty. Ferrer could have aired his
charge of falsification in a proper forum and without
using offensive and abusive language against a
`
2022 GOLDEN NOTES
Instances of Lack of Candor and disbarring lawyers “without due process.”

(Zaldivar v. Gonzales, G.R. Nos. 79690-707, 01
The following instances indicate lack of candor or Feb. 1989);
dishonesty: 5. calls an adverse counsel as “bobo” or using
the word “ay que bobo” in reference to the
S.
1. misquoting the contents of paper, testimony of manner of offering evidence (Castillo v. Padilla
a witness, the language or the argument of Jr., A.M. No. 2339, 24 Feb. 1984);
S,
opposing counsel, or the language of the 6. calling an adverse counsel as “polpol” (Noble III
decision or a textbook; v. Atty. Ailes, A.C. No. 10628, 01 July 2015); and,
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7. any other analogous cases.
2. with knowledge of its invalidity, to cite as
authority a decision that has been overruled or NOTE: Although the Canon that the Rule
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a statute that has been repealed, or in the implements pertains to a lawyer’s dealings with his
argument to assert as a fact that which has not fellow lawyers, the Rule is generally worded to
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been proved, or in those jurisdictions where the apply to anyone in the wider context of a
side has the opening and closing arguments to lawyer’s professional dealings, including his or her
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mislead his opponent by concealing or clients and witnesses. (CPR Annotated, PhilJA)
withholding positions in his opening argument
upon which his side then intends to rely; Criticisms
3. offering evidence which he knows the court

should reject; or, ZA Mere criticism or comment on the correctness or
wrongness, soundness or unsoundness of the
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decision of the court in a pending case made in good
4. introducing into an argument, addressed to the faith may be tolerated; but to hurl the false charge
court, remarks or statements intended to that the Supreme Court has been committing
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influence the bystanders. (Pineda, 2009) deliberately so many blunders and injustices would
tend necessarily to undermine the confidence of the
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RULE 8.01, CANON 8 people in the honesty and integrity of its members,
A lawyer shall not, in his professional dealings, and consequently to lower or degrade the
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use language which is abusive, offensive or administration of justice, and it constitutes

otherwise improper. contempt. (Bildner v. Ilusorio, G.R. No. 157384, 05
June 2009)
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Instances of Disrespectful Language

Criticism vs. Insult
S,
The following acts are deemed to be disrespectful

language: CRITICISM INSULT
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As to Extent And Limits

1. categorizes the Supreme Court decision as false,
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Confined to the Pass beyond that line and

erroneous and illegal (Surigao Mineral
facts and is based charge that judicial conduct
Reservation Board v. Cloribel, G.R. No. L-27072,
on the decisions of was influenced by
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09 Jan. 1970);
the court. improper, corrupt, or
2. describes a judge’s attitude as “unjust, hostile,
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selfish motives, or that

vindictive and dangerous.” (Cornejo v. Judge Tan,
such conduct was affected
G.R. No. L-2217, 23 Mar. 1950);
by political prejudice or
3. states that “justice is not only blind, but also
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interest, the tendency is to

deaf and dumb.” (In Re: Almacen, G.R. No. L-
create distrust and destroy
27654, 18 Feb. 1970);
the confidence of the
4. attributes to the Supreme Court acts of
people in their courts.
dismissing judges “without rhyme and reason”

Legal Ethics
As to the Effects professional colleagues, and shall avoid harassing

tactics against opposing counsel." As a member of
A criticism after a An insult hurled to the
the Bar, he shall not, in his professional dealings, use
case has been court, even after a case is
language which is abusive, offensive or otherwise
disposed of can no decided, can under no
improper. He shall also abstain from scandalous,
S.
longer influence circumstance be justified.
offensive or menacing language before the courts.
the court, and on (Bildner v. Ilusorio, G.R. No.
Thus, Tiongco is warned accordingly. (Tiongco
that ground, it 157384, 05 June 2009)
S,
Yared v. Ilarde, G.R. No. 114732, 01 Aug. 2000)
does not constitute
contempt. (Bildner
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NOTE: Lack of want of intention is no excuse for the
v. Ilusorio, G.R. No.
disrespectful language employed. Counsel cannot
157384, 05 June
escape responsibility by claiming that his words did
2009)
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not mean what any reader must have understood
them as meaning. (Rheem of the Philippines v. Ferrer,
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Q: A complaint was filed against Atty. Zaide for
G.R. No. L-22979, 26 Jan. 1967)
use of intemperate, offensive and abusive
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language. Atty. Zaide referred to the
Q: In 2009, Atty. Guevarra wrote a series of posts
complainant as a “notorious extortionist” and to
on his Facebook account, referring to Belo as a
his opposing counsel as someone suffering from
quack doctor, that she bribes lawyers in the
"serious mental incompetence" in one of his
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Department of Justice, and that plastic surgery
pleadings. Did the act of Atty. Zaide violate the
procedures were done by doctors without
CPR?
license and training, alleging such practice
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nearly killed his client Norcio. Guevarra also
A: YES. More specifically, he violated Canon 8.01 of
threatened Belo that she will be convicted for
the CPR. The act shows Atty. Zaide's lack of restraint
criminal negligence and estafa for Norcio’s
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in the use and choice of his words -a conduct

operation. Belo asserted that the said posts,
unbecoming of an officer of the court. While a
written in vulgar and obscene language, were
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lawyer is entitled to present his case with vigor and

designed to inspire public hatred, destroy her
courage, such enthusiasm does not justify the use of
reputation, close Belo Medical Group, Inc.
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offensive and abusive language. Language abounds

(BMGI) and all its clinics, and extort the amount
with countless possibilities for one to be emphatic
of ₱200 Million from her, evidenced by his
but respectful, convincing but not derogatory, and
demand letter. Atty. Guevarra, however, claimed
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illuminating but not offensive. (Gimeno v. Zaide, A.C.

that the complaint was filed in violation of his
No. 10303, 22 Apr. 2015)
constitutionally-guaranteed right to privacy and
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that he wrote the posts in the exercise of his

Q: In the pleadings and motions filed by Atty.
freedom of speech. Should Atty. Guevarra be
Tiongco, he described Atty. Deguma as a love
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sanctioned for his acts?

crazed Apache, a horned spinster, man-hungry
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virago and female bull of an Amazon who would

A: YES. A punctilious scrutiny of the Facebook
stop at nothing to injure defendant if only to
remarks complained of disclosed that they were
please and attract her client. Tiongco claims that
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ostensibly made with malice tending to insult and

Atty. Deguma, as a lawyer in the PAO, is using the
tarnish the reputation of complainant and BMGI. By
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PAO as a marriage bureau for her benefit. Is the

posting the subject remarks on Facebook directed at
language employed by Tiongco improper and
complainant and BMGI, respondent disregarded the
unethical?
fact that, as a lawyer, he is bound to observe proper
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decorum at all times, be it in his public or private life.

A: YES. Atty. Tiongco has achieved a remarkable feat
He overlooked the fact that he must behave in a
of character assassination, in violation of Canon 8 of
manner befitting an officer of the court, that is,
the CPR, to wit, “a lawyer shall conduct himself with
respectful, firm, and decent. Moreover, the
courtesy, fairness, and candor toward his
`
2022 GOLDEN NOTES
constitutional right of freedom of expression may RULE 8.02, CANON 8

not be availed of to broadcast lies or half-truths, A lawyer shall not, directly or indirectly,
insult others, destroy their name or reputation or encroach upon the professional employment of
bring them into disrepute. (Belo-Henares v. Atty. another lawyer; however, it is the right of any
Guevarra, A.C. No. 11394, 01 Dec. 2016) lawyer, without fear or favor, to give proper
S.
advice and assistance to those seeking relief
Q: Atty. A filed a Motion for Inhibition against against unfaithful or neglectful counsel (1995,
S,
Judge B for the alleged abusive language of the 1997, 2001, 2005, 2006 BAR)
latter against the former inside the courtroom
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and for corruption. In his Motion, Atty. A A person without a retained lawyer is a legitimate
included the words, “I never encouraged a Judge prospective client for any lawyer whom he
who appears to be as corrupt as you are.” and approaches for legal services. But, as soon as he had
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“…you are a disgrace to the Judicial system.” retained one and had not dismissed the retained
Furthermore, a news article detailing the events counsel, efforts on the part of another lawyer to take
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that precipitated the bribery charge against him as client constitutes an act of encroaching upon
Judge B was published with the participation of the employment of another lawyer.
PR
Atty. A. Did Atty. A violate the Code of
Professional Responsibility and his oath to the A lawyer should not in any way communicate upon
Bar? the subject of controversy with a party represented
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by counsel, much less should he undertake to
A: YES. It is a sworn duty of a lawyer to maintain negotiate or compromise the matter with him but
towards the Court a respectful attitude, “not for the should deal with his counsel.
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sake of the temporary incumbent of the judicial
office, but for the maintenance of its supreme Any act which is aimed to ease out a previous lawyer
importance.” It is therefore incumbent upon Atty. A with the intention to grab the case is highly
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to observe and maintain respect towards the unethical and should be avoided. (Antiquiera, 1992)
judicial office. However, in this case, he was the first
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to cast doubt on the impartiality and independence Exceptions

of the Court.
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1. A lawyer may properly interview any witness

Additionally, a lawyer is obliged to abstain from or prospective witness for the opposing side in
scandalous, offensive or menacing language before any civil or criminal action without the consent
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the courts. Even granting that the bribery charges of opposing counsel or party (Canon 39 of
were true, a lawyer is obliged to abstain mentioning Canons of Professional Ethics); and,
S,
derogatory words to anyone. Lastly, Atty. A had no

reason to divulge his grievances before the public. 2. Any person who seeks relief against an
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His action was highly irresponsible and is contrary unfaithful or neglectful lawyer may approach
to his duty to submit grievances against judges to another lawyer for proper advice and
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the proper authorities only. (Judge Gregorio D. assistance. (Rule 8.02, Canon 8, Code of
Pantanosas, Jr. v. Atty. Elly L. Pamatong, A.C. No. 7330, Professional Responsibility)
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14 June 2016, as penned by J. Caguioa)

Q: Myrna, in a case for custody of children
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against her husband, sought advice from Atty.

Mendoza whom she met at a party. She informed
Atty. Mendoza that her lawyer, Atty. Khan, has
R
been charging her exorbitant appearance fees

when all he does is move for postponements
which have unduly delayed the proceedings;
and that recently, she learned that Atty. Khan

Legal Ethics
approached her husband asking for a huge compromise the matter with him but should deal
amount in exchange for the withdrawal of her only with his counsel.”
Motion for Issuance of Hold Departure Order so
that he and his children can leave for abroad. Is Q: Atty. Manuel is counsel for the defendant in a
it ethical for Atty. Mendoza to advise Myrna to civil case pending before the RTC. After
S.
terminate the services of Atty. Khan and hire receiving the plaintiff's Pre-Trial Brief
him instead for a reasonable attorney’s fees? containing the list of witnesses, Atty. Manuel
S,
(2006 BAR) interviewed some of the witnesses for the
plaintiff without the consent of plaintiff's
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A: NO. Such advice would be unethical. A lawyer counsel. Did Atty. Manuel violate any ethical
shall conduct himself with courtesy, fairness and standard for lawyers? Explain. (2009 BAR)
candor towards his professional colleagues (Canon
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8, CPR). Specifically, he should not directly or A: NO. Canon 39 of the Canons of Professional Ethics
indirectly encroach upon the professional provides that “a lawyer may interview any witness
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employment of another lawyer. (Canon 8, CPR) or prospective witness from the opposing side in
any civil or criminal action without the consent of
PR
Q: What should Atty. Mendoza do about the opposing counsel or party.” This is because a
information relayed to him by Myrna that Atty. witness is supposed to be a neutral person whose
Khan approached her husband with an indecent role is to tell the truth when called upon to testify.
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proposal? (2006 BAR)
Q: Will your answer be the same if it was the
A: He can advise her to terminate the services of plaintiff who was interviewed by Atty. Manuel
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Atty. Khan and/or file an administrative case without the consent of plaintiff's counsel?
against Atty. Khan. It is the right of any lawyer, Explain. (2009 BAR)
without fear or favor, to give proper advice and
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assistance to those seeking relief against unfaithful A: NO. Canon 9 of the Canons of Professional Ethics
or neglectful counsel. (Rule 8.02, CPR) provides that “a lawyer should not in any way
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communicate upon a subject of controversy with a

Q: You are the counsel of K in his action for party represented by counsel, much less should he
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specific performance against DEV, Inc., a undertake to negotiate or compromise the matter
subdivision developer which is represented by with him, but should deal only with his counsel.” If
Atty. L. Your client believes that the president of he communicates with the adverse party directly, he
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DEV Inc., would be willing to consider an will be encroaching into the employment of the
amicable settlement and your client urges you adverse party's lawyer.
S,
to discuss the matter with DEV Inc., without the

presence of Atty. L whom he considers to be an
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impediment to an early compromise. Would it

be alright for you to negotiate the terms of the
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compromise as so suggested above by your

client? (1997 BAR)
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A: NO. Rule 8.02, Canon 8 of the CPR provides that

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“a lawyer shall not, directly or indirectly, encroach

upon the professional employment of another
lawyer.” Canon 9 of the Code of Professional Ethics
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is more particular in stating that “A lawyer should

not in any way communicate upon the subject of the
controversy with a party represented by counsel,
much less should he undertake to negotiate or
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2022 GOLDEN NOTES
NO ASSISTANCE IN UNAUTHORIZED PRACTICE clerks of the MTCs, to administer oaths on matter

OF LAW involving official business. As Clerk of Court of
MCTC, Tupas has the authority to administer oath of
CANON 9 affidavits of parties and witnesses which are to be
A lawyer shall not, directly or indirectly, assist filed in court. (Sanchez v. Tupas, A.M. OCA IPI No. 03-
S.
in the unauthorized practice of law. 1687-P, 01 Mar. 2004)
Unauthorized Practice of Law
S,
Q: The Supreme Court suspended indefinitely
Atty. Fernandez from the practice of law for
Unauthorized practice of law is committed when a
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gross immorality. He asked the MCTC Judge of
person, not a lawyer, performs acts which are his town if he can be appointed counsel de officio
exclusive to members of the bar. (Pineda, 2009) for Tony, a childhood friend who is accused of
REASON: To protect the public, the court, the client,
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theft. The judge refused because Atty.
and the bar from the incompetence or dishonesty of Fernandez’s name appears in the Supreme
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those unlicensed to practice law and not subject to Court’s list of suspended lawyers. Atty.
the disciplinary control of the court. (Cambaliza v. Fernandez then inquired if he can appear as a
PR
Cristal-Tenorio, A.C. No. 6290, 14 July 2004) friend for Tony to defend him. Xxx Supposing
Tony is a defendant in a civil case for a collection
There is no violation of this canon if a lawyer of sum of money before the same court, can Atty.
employs a paralegal graduate to assist him in the
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Fernandez appear for him to conduct his
practice of law since the job of a paralegal is limited litigation? (2006 BAR)
to drafting of documents, case management, etc.
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(Antiquiera, 1992) A: NO. Even if Tony is a defendant in a civil case,
Atty. Fernandez cannot be allowed to appear for
Q: Will a lawyer violate the CPR if he forms a him to conduct his litigation; otherwise, the judge
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partnership with professionals of other will be violating Canon 9 of the CPR which provides
disciplines like doctors, engineers, architects or that a “lawyer shall not, directly or indirectly, assist
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accountants? (2014 BAR) in the unauthorized practice of law.”

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A: YES. The CPR prohibits unauthorized practice of RULE 9.01, CANON 9

law so that lawyers cannot directly or indirectly A lawyer shall not delegate to any unqualified
assist said practice or delegate its practice to one person the performance of any task which by
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who is not qualified to do so. In partnership, the act law may only be performed by a member of the
of a partner is the act of the partnership; hence, a bar in good standing.
S,
non-lawyer cannot perform an act that has a legal

effect and in the name of the partnership.
The qualifications to be a lawyer are personal and
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the Bar is an exclusive group of professionals who

Q: Sanchez alleged that the complaint against
possess the requisite qualifications and for whom
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him and the supporting affidavits were

defined functions are reserved. To delegate the
subscribed and sworn to before Tupas, the Clerk
functions would violate the rationale behind
of Court, who is not a member of the IBP and
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reserving defined functions exclusively for those

therefore engaged in unauthorized practice of
who are admitted to the bar. (Ulep v. The Legal Clinic,
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law. Is Tupas as Clerk of Court authorized to

Inc., B.M. No. 553, 17 June 1993)
administer oath?
Although the authority of a lawyer to represent a
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A: YES. The term “clerk of courts” in Sec. 41 of the

client cannot be delegated to an unqualified person,
Administrative Code as amended is used as a
it does not follow however that the retained lawyer
general term. The intention of the law is to authorize
is automatically authorized to make such delegation
all clerks of court regardless of whether they are
to a qualified person because a client-lawyer

Legal Ethics
relationship is personal. (CPR Annotated, PhilJA) RULE 9.02, CANON 9

A lawyer shall not divide or stipulate to divide
Q: Lorenzo is a lawyer but was suspended from a fee for legal services with persons not
the practice of law due to some unethical acts. licensed to practice law.
He worked for a law firm owned by one of his
S.
friends. Since he has so many cases to handle, The interest promoted by the prohibition is that the
Atty. Berenguer assigned a case to Lorenzo, independence of the professional judgment of a
S,
believing he can handle an easy case. Did Atty. lawyer, which the client is paying for, could be at
Berenguer violate any rule? risk if a non-lawyer has direct rights to share in the
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legal fees resulting from the exercise of such
A: YES. He delegated the handling of a case to a professional judgment. (CPR Annotated, PhilJA)
person suspended from the practice of law. Under
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Rule 9.01 of CPR, a lawyer shall not delegate to any Exceptions to Rule 9.02
unqualified person the performance of any task
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which by law may only be performed by a member 1. Where there is a pre-existing agreement with a
of the bar in good standing. Therefore, Lorenzo shall partner or associate that, upon the latter’s
PR
not be allowed to handle a case. death, money shall be paid over a reasonable
period of time to his estate to persons specified
Q: Atty. Monica Santos-Cruz registered the firm in the agreement (Rule 9.02, second par., Canon
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name "Santos-Cruz Law Office" with the DTI as a 9, CPR);
single proprietorship. In her stationery, she
printed the names of her husband and a friend NOTE: This exception is in the nature of a
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who are both non-lawyers as her senior bequest. It is still, in substance, payment to the
partners in light of their investments in the firm. deceased lawyer. His estate and/or assignee
She allowed her husband to give out calling could not claim entitlement to the money in
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cards bearing his name as senior partner of the their own right but only by representation. (CPR
firm and to appear in courts to move for Annotated, PhilJA)
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postponements, Did Atty. Santos-Cruz violate

the CPR? (2010 BAR) 2. Where a lawyer undertakes to complete
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unfinished legal business of a deceased lawyer

A: YES. She violated Rule 9.01, Canon 9 of the CPR. (Rule 9.02, third par., Canon 9, CPR); or,
By allowing her husband to appear in courts to
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move for the postponements of the cases of the firm, NOTE: The estate or the heir cannot be made a
she delegated her duty to appear, which a member member of the partnership with the surviving
S,
of the bar can only perform, to an unqualified partners. The legal fees in this case, no longer
person. represent past compensation. The one who
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gets paid is also a lawyer.

The lawyer’s duty to prevent, or at the very least not
LL
to assist in, the unauthorized practice of law is 3. Where a lawyer or law firm includes a non-
founded on public interest and policy. Public policy lawyer employee in a retirement plan, even if
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requires that the practice of law be limited to those the plan is based in whole or in part, on a profit-
individuals found duly qualified in education and sharing agreement. (Rule 9.02, fourth par.,
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character. Canon 9, CPR)
The permissive right conferred on the lawyer is an NOTE: This is not a division of legal fees but a
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individual and limited privilege subject to pension representing deferred wages for the
withdrawal if he fails to maintain proper standards employees’ past services. This exception is an
of moral and professional conduct. (Cambaliza v. implicit recognition of the incontestable fact
Cristal-Tenorio, A.C. No. 6290, 14 July 2004) that lawyers need to, and in fact, depend on
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2022 GOLDEN NOTES
non-lawyers for the administrative support

functions necessary to allow lawyers to
discharge their legal functions more efficiently.
(CPR Annotated, PhilJA)
S.
Q: Atty. A and B entered into an agreement to
form a law office wherein B would solicit clients
S,
and they would divide among themselves the
attorney’s fees. Pursuant to this, B filed a
ES
complaint of disbarment against Atty. A for
unprofessional and immoral conduct. Will the
complaint prosper?
C
A: YES. Rule 9.02 of the Code of Professional
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Responsibility prohibits not only the actual division
of attorney’s fees by a lawyer with a non-lawyer but
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also the mere stipulation of such an agreement. The
mere execution of the agreement is in itself a
violation of Rule 9.02 of the CPR. (Marilyn Pabalan v.
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Atty. Eliseo Magno C. Salva, A.C. No. 9298, 29 July
2019, as penned by J. Caguioa)
EZ
Q: You had just taken your oath as a lawyer. The
secretary to the president of a big university
offered to get you as the official notary public of
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the school. She explained that a lot of students

lose their identification cards and are required
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to secure an affidavit of loss before they can be

issued a new one. She claimed that this would be
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lucrative for you, as more than 30 students lose

their identification cards every month. However,
the secretary wants you to give her one-half of
G
your earning therefrom. Will you agree to the

arrangement? Explain. (2005 BAR)
S,
A: NO. I will not agree. Rule 9.02 of the CPR provides

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that “a lawyer shall not divide or stipulate to divide

a fee for legal service with persons not licensed to
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practice law”. The secretary is not licensed to

practice law. He is not entitled to a share of the fees
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for notarizing affidavits, which is a legal service.

EB
R

Legal Ethics
his right to custody of the children on the basis

C. TO THE COURTS of the alleged CA Resolution. His wife, however,
(CANONS 10-13) obtained a certification from the CA stating that
no such resolution had been issued. May Atty.
Florido be held administratively liable for his
S.
reliance on and attempt to enforce a spurious
CANDOR, FAIRNESS & GOOD FAITH TO THE
Resolution of the CA?
COURTS
S,
A: YES. Atty. Florido’s actions erode the public
CANON 10
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perception of the legal profession. Candor and
A lawyer owes candor, fairness and good faith
to the court. fairness are demanded of every lawyer. The burden
cast on the judiciary would be intolerable if it could
C
The burden cast on the judiciary would be not take at face value what is asserted by counsel.
intolerable if it could not take at face value what is The time that will have to be devoted just to the task
IN
asserted by counsel. (Muñoz v. People, G.R. No. L- of verification of allegations submitted could easily
33672, 28 Sept. 1973) be imagined. (Hueysuwan-Florido v. Atty. Florido, A.C.
PR
No. 5624, 20 Jan. 2004)
As officers of the court, lawyers have the primary
obligation towards the administration of justice. To RULE 10.01, CANON 10
ZA
mislead the court is contumacious and clearly a A lawyer shall not do any falsehood, nor
ground for disciplinary action. (Antiquiera, 1992) consent to the doing of any in court; nor shall
he mislead, or allow the court to be misled by
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Requirements of Candor any artifice.
1. A lawyer shall not suppress material and vital A lawyer must be a disciple of truth. He should bear
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facts which bear on the merit or lack of merit of in mind that as an officer of the court his high
a complaint or petition. vocation is to correctly inform the court upon the
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law and the facts of the case and to aid it in doing

2. A lawyer shall volunteer to the court any justice and arriving at a correct conclusion. The
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development of the case which has rendered courts on the other hand are entitled to expect only
the issue raised moot and academic. complete honesty from lawyers appearing and
pleading before them. While a lawyer has the
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3. Disclosure to the court of any decision adverse solemn duty to defend his client’s cause, his conduct
to his position of which opposing counsel is must never be at the expense of truth. (Young v.
S,
apparently ignorant and which court should Batuegas, A.C. No. 5379, 09 May 2003)
consider in deciding a case.
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NOTE: A lawyer owes fidelity to the cause of his

4. He shall not represent himself as a lawyer for a client but not at the expense of truth and the
LL
client, appear in court and present pleadings in administration of justice. (Garcia v. Francisco, A.C.
the latter’s behalf only to claim later that he was No. 3923, 30 Mar. 1993)
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not authorized to do so.

Presenting false evidence is not justifiable. It is a
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Q: Atty. Florido demanded from his wife that the clear violation of Rule 10.01, Canon 10 of the CPR.
custody of their children be surrendered to him. Aside from violations of the CPR, the lawyer is also
He showed her a photocopy of an alleged guilty of a crime under Art. 184, Revised Penal Code,
R
Resolution issued by the CA supposedly granting which states:

his motion for temporary child custody. His wife
refused. Atty. Florido filed a verified petition for “Any person who shall knowingly offer in
the issuance of a writ of habeas corpus asserting evidence a false witness or testimony in any
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2022 GOLDEN NOTES
judicial or official proceeding, shall be punished suits (Retuya v. Gorduiz, A.C. No. 1388, 28 Mar.
as guilty of false testimony and shall suffer the 1980); and,
respective penalties provided in this section.”
10. A lawyer making untruthful and false
Examples of Falsehood statements before the court. (Molina v. Magat,
S.
A.C. No. 1900, 13 June 2012)
1. Lawyers falsely stating in a deed of sale that
S,
property is free from all liens and Q: Dr. Maligaya, a doctor and retired colonel of
encumbrances when it is not (Sevilla v. Zoleta, the Air Force, filed an action for damages against
ES
A.C. No. 31, 28 Mar. 1955); several military officers for whom Atty.
Doronilla stood as a counsel. During the hearing,
2. Lawyers making it appear that a person, long Atty. Doronilla alleged that he and Dr. Maligaya
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dead, executed a deed of sale in his favor had an agreement that if the opposing party
(Monterey v. Arayata, Per. Rec. Nos 3527, 3408, withdraws the case against him, Dr. Maligaya
IN
23 Aug. 1935); will also withdraw all the cases. However, Dr.
Maligaya swore that he never entered into any
PR
3. A lawyer encashing a check payable to a such agreement. Atty. Doronilla then admitted
deceased cousin by signing the latter’s name that there was no such agreement. He pointed
on the check (In re: Samaniego, A.C. No. 74, 20 out that his main concern was to settle the case
ZA
Nov. 1959); amicably. Dr. Maligaya filed a case against Atty.
Doronilla charging him with unethical conduct
4. A lawyer falsifying a power of attorney and for having uttered falsehood in court. Is Atty.
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using it in collecting the money due to the Doronilla guilty as charged?
principal and appropriating the money for his
own benefit (In re: Rusiana, A.C. No. 270, 29 A: YES. Atty. Doronilla violated Rule 10.01, Canon
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Mar. 1974); 10 of the CPR. Not only that, he also violated the
lawyer’s oath to do no falsehood, nor consent to the
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5. A lawyer alleging in one pleading that his doing of any in court. His act infringed on every
clients were merely lessees of the property lawyer’s duty to “never seek to mislead the judge or
LO
involved, and in a later pleading claiming that any officer by an artifice or false statement of fact or
the same clients were the owners of the same law.” (Maligaya v. Doronilla, A.C. No. 6198, 15 Sept.
property (Chavez v. Viola, A.C. No. 2152, 19 Apr. 2006)
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1991);
Q: De Jesus alleged that Atty. Sanchez-Malit
S,
6. A lawyer uttering falsehoods in a Motion to drafted and notarized a Real Estate Mortgage of
Dismiss (Martin v. Moreno, A.C. No. 1432, 21 a public market stall that falsely named the
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May 1984); former as its absolute and registered owner

despite the latter being the consultant of the
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7. A lawyer denying having received the notice to local government unit, and was therefore aware
file brief which is belied by the return card that the market stall was government-owned.
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(Ragasajo v. IAC, G.R. No. L-69129, 31 Aug. Prior thereto, Atty. Sanchez-Malit also notarized
1987); two contracts that caused De Jesus legal and
EB
financial problems. One contract was a lease

8. A lawyer presenting documents in court which agreement that was notarized without the
he knows to be falsified (Berenguer v. signature of the lessees. The other contract was
R
Carranza, A.C. No. 716, 30 Jan. 1969; Umaguing a sale agreement which Atty. Sanchez-Malit also
v. Atty. De Vera, A.C. No. 10451, 04 Feb. 2015); drafted and notarized, but did not advise De
Jesus that the property was still covered by the
9. A lawyer filing false charges or groundless period within which it could not be alienated.

Legal Ethics
Did Atty. Sanchez-Malit violate Rule 10.01 of the 13 Apr. 2007)

CPR?
Instances when lawyers can be disciplined
A: YES. In this case, respondent fully knew that based on the pleadings they filed
complainant was not the owner of the mortgaged
S.
market stall. That complainant comprehended the 1. They file an unsigned pleading in violation of
provisions of the real estate mortgage contract does the rules.
S,
not make respondent any less guilty. If at all, it only 2. They allege scandalous matters therein; or
heightens the latter’s liability for tolerating a 3. They fail to promptly report to the court a
ES
wrongful act. A notary public should not notarize a change of his address. (Sec. 3, Rule 7, Rules of
document unless the persons who signed it are the Court, as amended)
same ones who executed it and who personally
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appeared before the said notary public to attest to NOTE: A lawyer should not abuse his right of
the contents and truth of what are stated therein. recourse to the courts for the purpose of arguing a
IN
cause that had been repeatedly rebuffed. Neither
Thus, in acknowledging that the parties personally should he use his knowledge of law as an instrument
PR
came and appeared before her, respondent also to harass a party nor to misuse judicial processes, as
violated Rule 10.01 of the CPR and her oath as a the same constitutes serious transgression of the
lawyer that she shall do no falsehood. (De Jesus v. CPR. For while he owes fidelity to the cause of his
ZA
Sanchez-Malit, A.C. No. 6470, 08 July 2014) client, it should not be at the expense of truth and
the administration of justice. (Garcia v. Francisco,
RULE 10.02, CANON 10 A.C. No. 3923, 30 Mar. 1993)
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A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the RULE 10.04, CANON 10
language or the argument of opposing A lawyer shall, when filing a pleading, furnish
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counsel, or the text of a decision or authority, the opposing party with a copy thereof,
or knowingly cite as law a provision already together with all the documents annexed
W
rendered inoperative by repeal or thereto. Unless a motion is ex parte, he should

amendment, or assert as a fact that which has set it for hearing, with sufficient notice to the
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not been proved. other party.
If not faithfully and exactly quoted, the decisions

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and rulings of the court may lose their proper and

correct meaning, to the detriment of other courts,
S,
lawyers, and the public who may thereby be misled.

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RULE 10.03, CANON 10

A lawyer shall observe the rules of procedure
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and shall not misuse them to defeat the ends

of justice.
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Filing multiple actions constitutes an abuse of the

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Court’s processes. Those who filed multiple or

repetitive actions subject themselves to disciplinary
action for incompetence or willful violation of their
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duties as attorneys to act with all good fidelity to the

courts, and to maintain only such actions that
appear to be just and consistent with truth and
honor. (Olivares etc. v. Atty. Villalon Jr., A.C. No. 6323,
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2022 GOLDEN NOTES
RESPECT FOR COURTS AND JUDICIAL OFFICERS petition is called for under the Code of Judicial
Conduct which prohibits justices or judges from
CANON 11 participating in any partisan political activity.
A lawyer shall observe and maintain the According to him, the justices violated the said
respect due to the courts and to judicial officers rule by attending the 'EDSA 2 Rally' and by
S.
and should insist on similar conduct by others. authorizing the assumption of Vice- President
Macapagal-Arroyo to the Presidency. The
Disrespect towards the court would necessarily
S,
subsequent decision of the Court in Estrada v.
undermine the confidence of the people in the
Arroyo (G.R. Nos. 146710-15, 02 Mar. 2001 and
honesty and integrity of the members of the court,
ES
G.R. Nos. 146710-15, 03 Apr. 2001) is a patent
and consequently, to lower or degrade the
mockery of justice and due process. He went on
administration of justice by the court. (In re Sotto, 82
to state that the act of the public officer, if lawful,
Phil. 595, 21 Jan. 1949)
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is the act of the public office. But the act of the
public officer, if unlawful, is not the act of the
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All lawyers are expected to recognize the authority
public office. Consequently, the act of the
of the Supreme Court and obey its lawful processes
justices, if lawful, is the act of the Supreme Court.
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and orders. Despite errors which one may impute
But the act of the justices, if unlawful, is not the
on the orders of the Court, these must be respected,
act of the Supreme Court.
especially by the bar or the lawyers who are
themselves officers of the courts. (Yap-Paras v. Atty.
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Further, he asserted that the decision in Estrada
Paras, A.C. No. 4947, 07 June 2007)
v. Arroyo being patently unlawful in view of the
Code of Judicial Conduct, is not the act of the
NOTE: The fact that a person is a lawyer does not
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Supreme Court but is merely the wrong of those
deprive him of the right, as enjoyed by every citizen,
individual Justices who falsely spoke and acted
to comment on and criticize the actuations of a
in the name of the Supreme Court. Are Atty.
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judge but it is the cardinal condition of all criticisms

Paguia’s comments within the bounds of
that it shall be bona fide, and shall not spill over the
“fair and well-founded criticisms” regarding
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walls of decency and propriety. (Zaldivar v. Gonzales,

decisions of the Supreme Court?
G.R. Nos. 79690-707, 01 Feb. 1989)
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A: NO. Criticism or comment made in good faith on

What a lawyer can ordinarily say against a
the correctness or wrongness, soundness or
concluded litigation and the manner the judge
unsoundness, of a decision of the Court would be
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handed the decision therein may not generally be

welcome for, if well-founded, and such reaction can
said to a pending action. The court, in a pending
enlighten the court and contribute to the correction
litigation, must be shielded from embarrassment
S,
of an error if committed. (In re: Sotto, 82 Phil. 595)

and influence in performing the important duty of
deciding it (In re Almacen, G.R. No. L-27654, 18 Feb.
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Attorney Paguia has not limited his discussions to

1970).
the merits of his client's case within the judicial
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forum; indeed, he has repeated his assault on the

On the other hand, once litigation is concluded, the
Court in both broadcast and print media.
judge who decided on it is subject to the same
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criticism as any other public official because then

The Supreme Court does not claim infallibility; it
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his ruling becomes public property and is thrown

will not denounce criticism made by anyone against
open to public consumption. (Strebel v. Figueras, G.R.
the Court for, if well-founded, can truly have
No. L-4722, 29 Dec. 1954; In re Almacen, G.R. No. L-
constructive effects in the task of the Court, but it
R
27654, 18 Feb. 1970)

will not countenance any wrongdoing nor allow the
erosion of our people’s faith in the judicial system,
Q: Atty. Paguia asserts that the inhibition of the
let alone, by those who have been privileged by it to
members of the Supreme Court from hearing the
practice law in the Philippines.

Legal Ethics
Canon 11 of the CPR mandates that the lawyer 13 and Rules 1.02 and 11.05 of the CPR. (Re: Letter
should observe and maintain the respect due to the of the UP Law Faculty entitled “Restoring Integrity: A
courts and judicial officers and, indeed, should insist Statement by the Faculty of the University of the
on similar conduct by others. In liberally imputing Philippines College of Law on the Allegations of
sinister and devious motives and questioning the Plagiarism and Misrepresentation in the Supreme
S.
impartiality, integrity, and authority of the Court”, A.M. No. 10-10-4-SC, 19 Oct. 2010)
members of the Court, Atty. Paguia has only
S,
succeeded in seeking to impede, obstruct and Q: The Court En Banc issued a Resolution
pervert the dispensation of justice. (Estrada v. directing respondent Atty. De Vera to explain
ES
Sandiganbayan, G.R. Nos. 159486-88, 25 Nov. 2003) why he should not be cited for indirect contempt
of court for uttering allegedly contemptuous
Q: Members of the faculty of UP College of Law statements in relation to the then pending case
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published a statement on the allegations of involving the constitutionality of the Plunder
plagiarism and misrepresentation relative to Law. Atty. De Vera admitted the report in the
IN
the Court’s decision in Vinuya v. Executive November 6, 2002 issue of the Philippine Daily
Secretary. The authors directly accused the Inquirer where he “suggested that the Court
PR
Court of perpetrating extraordinary injustice by must take steps to dispel once and for all these
dismissing the petition of the comfort women in ugly rumors and reports” that “the Court would
said case. The insult to the members of the Court vote in favor of or against the validity of the
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was aggravated by imputations of deliberately Plunder Law to protect the credibility of the
delaying the resolution of the case, its dismissal Court”. Is the statement of Atty. De Vera
on the basis of “polluted sources,” the Court’s disrespectful to the courts?
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alleged indifference to the cause of petitioners
and the supposed alarming lack of concern of A: YES. Indeed, freedom of speech includes the right
the members of the Court for even the most to know and discuss judicial proceedings, but such
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basic values of decency and respect. Was the right does not cover statements aimed at
criticism proper? undermining the Court’s integrity and authority,
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and interfering with the administration of justice.

A: NO. While most agree that the right to criticize Freedom of speech is not absolute, and must
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the judiciary is critical to maintaining a free and occasionally be balanced with the requirements of
democratic society, there is also a general equally important public interests, such as the
consensus that the healthy criticism only goes so far. maintenance of the integrity of the courts and
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Many types of criticism leveled at the judiciary cross orderly functioning of the administration of justice.
the line to become harmful and irresponsible
S,
attacks. These potentially devastating attacks and Thus, the making of contemptuous statements
unjust criticism can threaten the independence of directed against the Court is not an exercise of free
O
the judiciary. The court must “insist on being speech; rather, it is an abuse of such right.
permitted to proceed to the disposition of its Unwarranted attacks on the dignity of the courts
LL
business in an orderly manner, free from outside cannot be disguised as free speech, for the exercise
interference obstructive of its functions and tending of said right cannot be used to impair the
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to embarrass the administration of justice.” independence and efficiency of courts or public

respect therefore and confidence therein. (In re:
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This runs contrary to their obligation as law Published Alleged Threats by Atty. Leonard de Vera,
professors and officers of the Court to be the first to A.M. No. 01-12-03-SC, 29 July 2002)
uphold the dignity and authority of this Court, to
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which they owe fidelity according to the oath they Q: Jimmy and his siblings filed a case for
have taken as attorneys, and not to promote distrust disciplinary action against Atty. Cefra for
in the administration of justice. Their actions notarizing a falsified Deed of Absolute Sale over
likewise constitute violations of Canons 10, 11, and a parcel of land, where their signatures were
`
2022 GOLDEN NOTES
forged. As early as September 19, 2001, the contemptuous for defying the September 3,
Supreme Court already required Atty. Cefra to 2008 Decision of the Supreme Court?
comment on the Complaint lodged against him,
but he did not comply until he was arrested by A: NO. The crucial in contempt proceedings is the
the NBI. The disobedience to this court’s intent of the alleged contemnor to disobey or defy
S.
directive issued in 2001 was not explained even the court. In contempt, the intent goes to the
as he eventually filed his Comment on January gravamen of the offense. Thus, the good faith, or lack
S,
15, 2008, more than seven years after this of it, of the alleged contemnor is considered. To
court’s order. Is Atty. Cefra guilty of violating the constitute contempt, the act must be done willfully
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CPR in ignoring the court’s order directing him and for an illegitimate or improper purpose. Here,
to comment on the complaint against him? respondent justified his cognizance of the Petition
for Inclusion/Exclusion based on the Department's
C
A: YES. The act of disobeying a court order exclusive prerogative in the identification, selection,
constitutes violation of Canon 11 of the CPR, which and subsequent re-evaluation of agrarian reform
IN
requires a lawyer to “observe and maintain the beneficiaries. (POPARMUCO v. Inson, G.R. No. 189162,
respect due to the courts.” 30 Jan. 2019)
PR
Under Rule 138, Section 27, paragraph 1 of the Q: Atty. Mortel, handling the case for his client
Rules of Court, "wilful disobedience of any lawful Angelita De Jesus, moved out of his office and
ZA
order of a superior court" constitutes a ground for requested to use the address of his friend’s law
disbarment or suspension from the practice of law. firm, MFV Jose Law Office, as his address on
He contumaciously delayed compliance with this record. Consequently, all notices and court
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court’s order to file a Comment. Clearly, his orders received by MFV on behalf of Atty. Mortel
disobedience was willful and inexcusable. Atty. was communicated to the latter by the law firm's
Cefra should be penalized for this infraction. messenger. Among the Resolutions received by
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(Anudon v. Cefra, A.C. No. 5482, 10 Feb. 2015) MFV are the CA directives for Atty. Mortel to
submit his client's conformity to the Motion to
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Q: A portion of the landholding owned by Polo Withdraw Appeal and to show cause why it
Coconut Plantation, Inc. was placed under the should not suspend him from legal practice for
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coverage of the CARP. Polo Coconut's title was reapeatedly ignoring its issued Resolutions.
canceled in favor of the Republic of the Despite having ignored 11 CA Resolutions, Atty.
Philippines and a collective Certificate of Land Mortel did not show cause for him not to be
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Ownership Award (CLOA) was issued and suspended. Is respondent Atty. Mortel guilty for
registered in favor of the POPARMUCO members disobedience or defiance of lawful court orders,
S,
whom the DAR identified as agrarian reform amounting to gross misconduct and
beneficiaries. The Supreme Court ruled with insubordination or disrespect?
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finality on the qualification of the members of

POPARMUCO as beneficiaries in Polo Coconut’s A: YES. Atty. Mortel disrespected the lawful orders
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landholding. Subsequently, alleged regular of the court by ignoring twelve (12) Court of
farmworkers of Polo Coconut filed a Petition for Appeals Resolutions.
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Inclusion and Exclusion. They also filed a

Petition for Immediate Issuance of a Cease-and- Here, Atty. Mortel failed to justify the long delay of
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Desist Order and/or Injunction. Acting on the at least three (3) years in complying with the CA
Petition, respondent Regional Director Inson Resolutions and show cause order. His acts clearly
issued a Cease-and-Desist Order and directed constitute gross misconduct and insubordination or
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the inclusion of the farmworkers as qualified disrespect of court. It also shows a glaring lack of the
beneficiaries. Is the respondent’s cognizance of competence and diligence required of every lawyer.
the Petition for Inclusion/Exclusion

Legal Ethics
For his gross misconduct, insubordination, and coat and tie. Female lawyers appear in semi-formal
disrespect of the Court of Appeals directives, and for attires. Judges also appear in the same attire in
his negligence of his client’s case, respondent must addition to black robes. (Pineda, 2009)
be suspended from the practice of law for one (1)
year, with a stern warning that a repetition of the Q: Atty. Jesus Falcis appeared in a preliminary
S.
same or similar act shall be dealt with more severely. conference before the Supreme Court wearing a
(In Re: Resolution dated 14 Aug. 2013 of the Court of casual jacket, cropped jeans, and loafers without
S,
Appeals in CA-G.R. CV No. 94656 v. Atty. Gideon D.V. socks. Did Atty. Falcis commit any ethical
Mortel, A.C. No. 10117, 25 July 2016) impropriety?
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Q: Atty. A sent a letter to Judge B wherein he A: YES. Atty. Falcis is reminded of the requirement
allegedly threatened to file an administrative under Canon 11 of the CPR for lawyers to “observe
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and a criminal complaint for “knowingly and maintain the respect due to the Courts and to
rendering an unjust judgment” over a writ of judicial officers and to insist on similar conduct by
IN
possession/writ of demolition which the latter others.” This duty encompasses appearances before
issued. In the letter, Atty. A likewise stated that courts in proper attire. This Court does not insist on
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Judge B was “stubbornly puruing” the sartorial pomposity. It does not prescribe
demolition operations “because of his desire to immutable minutiae for physical appearance. Still,
please and satisfy and gratify” the mayor of his Professional courtesy demands that persons,
ZA
LGU. Is Atty. A guilty of improper misconduct? especially lawyers, having business before courts,
act with discretion and manifest this discretion in
A: YES. Rule 11.04 of Canon 11 states that a lawyer their choice of apparel. (Falcis III v. Civil Registrar
EZ
shall not attribute to a Judge motives not supported General, G.R. No. 217910, 03 July 2018)
by the record or have no materiality in the case.
While lawyers have the right, both as officer of the RULE 11.02, CANON 11
-D
court and as citizens, to criticize in properly A lawyer shall punctually appear at court
respectful terms and through legitimate channels hearings.
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the acts of courts and judges, such criticisms, no

matter how truthful, shall not spill over the walls of Punctuality is demanded by the respect which a
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decency and propriety. (Presiding Judge Aida lawyer owes to the court, the opposing counsel and
Estrella Macapagal v. Atty. Walter T. Young, A.C. No. to all the parties to the case. (Funa, 2009)
9298, 29 July 2019, as penned by J. Caguioa)
G

RULE 11.01, CANON 11 A lawyer shall abstain from scandalous,
S,
A lawyer shall appear in court properly offensive, or menacing language or behavior

attired. before the Courts.
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As an officer of the court and in order to maintain Q: After the parties had filed their respective
LL
the dignity and respectability of the legal profession, briefs with the CA and before the latter's
a lawyer who appears in court must be properly resolution submitting the case for decision was
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attired. Consequently, the court can hold a lawyer in released, respondent lawyers including Atty.
contempt of court if he does not appear in proper Depasucat filed a pleading "Manifestation of
EB
attire. Any deviation from the commonly accepted Usurpation of Authority of the Hon. Court of
norm of dressing in court (barong or tie, not both) is Appeals from a Self-Confessed Briber of Judges",
enough to warrant a citing for contempt. (Agpalo, which stated that plaintiff-appellant Uy had, in
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2009) fact, confessed to bribing two judges.

Respondents were not able to substantiate their
The traditional attires for male lawyers in the statement that Uy was involved in two bribing
Philippines are the long-sleeve Barong Tagalog or incidents to be branded as “briber of judges”.
`
2022 GOLDEN NOTES
Consequently, Uy filed a verified complaint of justice. (The Officers and Members of the
against respondent lawyers for gross Integrated Bar of the Philippines, Baguio-Benguet
misconduct. Should the respondent lawyers be Chapter v. Pamintuan, A.M. No. RTJ-02-1691, 19 Nov.
disciplined for having authored and filed the 2004)
“Manifestation of Usurpation of Authority of the
S.
Hon. Court of Appeals from a Self-Confessed Q: An administrative case for disbarment was
Briber of Judges”? filed against MDS, a Lady Senator, for uttering
S,
offensive remarks in her privilege speech
A: YES. The lawyers went overboard by stating in delivered in the Senate floor. She was quoted
ES
the Manifestation that confessed to bribing judges, as saying that she wanted “to spit on the face of
which statement they failed to substantiate. It belied Chief Justice and his cohorts in the Supreme
their good intention and exceeded the bounds of Court,” and calling the Court a “Supreme Court of
C
propriety, hence, not arguably protected; it is the idiots.” She alleged that it was considered as
surfacing of a feeling of contempt towards a litigant; part of her parliamentary immunity as such was
IN
it offends the court before which it is made. done during the session. Is she correct?
PR
A lawyer shall abstain from scandalous, offensive or A: YES. Her statements, being part of her privilege
menacing language or behavior before the courts. It speech as a member of Congress, were covered by
must be remembered that the language vehicle does the constitutional provision on parliamentary
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not run short of expressions which are emphatic but immunity. Her privilege speech is not actionable
respectful, convincing but not derogatory, criminally or in a disciplinary proceeding under the
illuminating but not offensive. It has been said that Rules of Court.
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a lawyer's language should be dignified in keeping
with the dignity of the legal profession. However, as a member of the Bar, the Court wishes
to express its deep concern about the language
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It is the duty of Atty. Depasucat et al. as members of Senator MDS used in her speech and its effect on the
the Bar to abstain from all offensive personality and administration of justice. To the Court, the lady
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to advance no fact prejudicial to the honor or senator has undoubtedly crossed the limits of
reputation of a party or witness, unless required by decency and good professional conduct.
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the justice of the cause with which he is charged. (Uy

v. Depasucat, A.C. No. 5332, 29 July 2003) No lawyer who has taken an oath to maintain the
respect due to the courts should be allowed to erode
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NOTE: The language of a lawyer, both oral and the people’s faith in the judiciary. In this case, the
written, must be respectful and restrained in lady senator clearly violated Canon 8, Rule 8.01 and
S,
keeping with the dignity of the legal profession and Canon 11 of the CPR. (Pobre v. Senator Santiago, A.C.
with his behavioral attitude toward his brethren in No. 7399, 25 Aug. 2009)
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the profession. The use of abusive language by

counsel against the opposing counsel constitutes at RULE 11.04, CANON 11
LL
the same time disrespect to the dignity of the court A lawyer shall not attribute to a judge motives
justice. Moreover, the use of impassioned language not supported by the record or have no
O
in pleadings, more often than not, creates more heat materiality to the case.
than light. (Buenaseda v. Flavier, G.R. No. 106719, 21
EB
Sept. 1993) Every citizen has the right to comment upon and
criticize the actuations of public officers. This right
The duty to observe and maintain respect is not a is not dismissed by the fact that the criticism is
R
one-way duty from a lawyer to a judge. A judge aimed at a judicial authority, or that it is articulated
should also be courteous to counsel, especially by a lawyer. (In Re: Almacen, G.R. No. L-27654, 18 Feb.
those who are young and inexperienced and to all 1970)
those appearing or concerned in the administration

Legal Ethics
Such right is especially recognized where the of his letter?

criticism concerns a concluded litigation, because
the Court’s actuations are thrown open to public A: YES. Atty. Roxas’ letter contains defamatory
consumption. Courts thus treat with forbearance statements that impaired public confidence in the
and restraint a lawyer who vigorously assails their integrity of the Judiciary. The making of
S.
actuations for courageous and fearless advocates contemptuous statements directed against the
are the strands that weave durability into the court is not an exercise of free speech; rather, it is an
S,
tapestry of justice. (Id) abuse of such right. A letter furnished to all the
members of the Supreme Court, even if a copy was
ES
Post litigation utterances or publications made by not disseminated to the media, does not enjoy the
lawyers, critical of the courts and their judicial mantle of right to privacy. Letters addressed to the
actuations, whether amounting to a crime or not, individual justices in connection with the
C
which transcend the permissible bounds of fair performance of their judicial functions become part
comment and legitimate criticism and thereby tend of the judicial record and are matter of concern for
IN
to bring them into dispute or to subvert public the entire court.
confidence in their integrity and in the orderly
PR
administration of justice, constitute grave Atty. Roxas is guilty of indirect contempt of court for
professional misconduct which may be visited with an improper conduct tending, directly and
disbarment or other lesser appropriate disciplinary indirectly, to impede, obstruct or degrade the
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sanctions by the Supreme Court in the exercise of administration of justice; and with his
the prerogatives inherent in it as the duly contemptuous and defamatory statements, Atty.
constituted guardian of the morals and ethics of the Roxas likewise violated Canon 11 of the CPR
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legal fraternity. (Id) particularly Rules 11.03 and 11.04. (Roxas v.
Zuzuarregui, et al., G.R. No. 152072, 12 July 2007)
Q: Atty. Romeo Roxas was charged with indirect
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contempt. In a letter addressed to Associate Q: When is public comment and criticism of a

Justice Chico-Nazario, he wrote that Justice court decision permissible and when would it be
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Nazario decided the cases in favor of improper? (1997 BAR)

Zuzuarregui, ordering Attys. Roxas and Pastor
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to pay the former on considerations other than A: A lawyer, like every citizen, enjoys the right to
the pure merits of the case and called the comment on and criticize the decision of a court. As
Supreme Court a “dispenser of injustice." He an officer of the court, a lawyer is expected not only
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ended his letter by mocking her when he said to exercise that right but also to consider it his duty
“sleep well if you still can” and that “her earthly to expose the shortcomings and indiscretions of
S,
life will be judged by the Supreme Dispenser of courts and judges. But such right is subject to the
Justice where only the merits of your Honor’s limitations that it shall be bona fide. It is proper to
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life will be relevant and material and where criticize the courts and judges, but it is improper to
technicalities can shield no one from his subject them to abuse and slander, degrade them or
LL
or her wrongdoings." destroy public confidence in them. Moreover, a

lawyer shall not attribute to a judge motives not
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In the written explanation of Atty. Roxas, he supported by the record or have no materiality in
extended apologies to Justice Nazario. He said he the case. (Rule 11.04, CPR)
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was merely exercising his rights to express a

legitimate grievance or articulate fair criticisms NOTE: A lawyer should be reminded of his primary
of the court’s ruling. Moreover, according to him, duty to assist the court in the administration of
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instead of resorting to public criticisms, he justice. The relations between counsel and judge
chose to ventilate his criticisms in a discreet and should be based on mutual respect and on a deep
private manner by writing a personal letter. appreciation by one of the duties of the other. It is
Should Atty. Roxas be punished for the contents upon their cordial relationship and mutual
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2022 GOLDEN NOTES
cooperation that the hope of our people for speedy ASSISTANCE IN THE SPEEDY AND EFFICIENT
and efficient justice rests. (Abiera v. Maceda, A.C. No. ADMINISTRATION OF JUSTICE
RTJ-91-660, 30 June 1994)
CANON 12
If the court official or employee or a lawyer is to be A lawyer shall exert every effort and consider it
S.
disciplined, the evidence against him should be his duty to assist in the speedy and efficient
substantial, competent and derived from direct administration of justice
S,
knowledge, not on mere allegations, conjectures,
suppositions or on the basis of hearsay. (Cervantes v. A lawyer is bound by his oath to serve his client with
ES
Atty. Sabio, A.C. No. 7828, 11 Aug. 2008) utmost zeal and dedication and shall conduct
himself according to the best of his knowledge and
RULE 11.05, CANON 11 discretion. (Antiquiera, 1992)
C
A lawyer shall submit grievances against a
Judge to the proper authorities only. The filing of another action concerning the same
IN
subject matter, in violation of the doctrine of res
Proper Venue or Forum for the filing of the judicata, runs contrary to this Canon. (Lim v.
PR
following cases Montano, A.C. No. 5653, 27 Feb. 2006)
NATURE OF THE WHERE TO FILE Q: Jardin engaged the services of Atty. Villar Jr.
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CASE to represent him in a collection case. Despite
If administrative in It shall be filed with the several extensions of time given by the trial
nature Office of the Court court, Atty. Villar Jr. failed to file his formal offer
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Administrator of the of exhibits and did not explain his inaction. The
Supreme Court. case was dismissed, and this prompted Jardin to
file a complaint for disbarment against Atty.
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If criminal and not It shall be filed with the

Villar, Jr. Was Atty. Villar, Jr. remiss in his duties
purely administrative Office of the
as counsel when he failed to file his formal offer
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Ombudsman, also with

of exhibits?
the Office of the City
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Prosecutor (OCP).
A: YES. The record clearly shows that Atty. Villar Jr.
has been languid in the performance of his duties as
If it involves a Justice It must be coursed
counsel for the complainant. He was given by the
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of the Supreme Court through the House of

trial court several extensions of time.
based on impeachable Representative and the
offenses Senate in accordance
S,
Evidently, Atty. Villar Jr. has fallen short of the

with the rules on
competence and diligence required of every
impeachment.
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member of the Bar. He committed a serious

Source: (CPR Annotated, PhilJA)
transgression when he failed to exert his utmost
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learning and ability and to give entire devotion to

NOTE: An administrative complaint is not an
his client's cause. His client had relied on him to file
appropriate remedy where judicial recourse is still
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the formal offer of exhibits among other things. But

available, such as a motion for reconsideration, an
he failed him. Resulting as it did in the dismissal of
appeal, or a petition for certiorari, unless the
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the case, his failure constitutes inexcusable fault.

assailed order or decision is tainted with fraud,
(Jardin v. Atty. Villar, Jr., A.C. No. 5474, 28 Aug. 2003)
malice, or dishonesty. (Santiago III v. Justice
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Enriquez, Jr., A.M. No. CA-09-47-J, 13 Feb. 2009)

Q: Judgment was rendered against Eternal
Gardens ordering it to reconvey the cemetery to
the rightful owners. Despite the final decision of
the Supreme Court, Eternal Gardens was able to

Legal Ethics
prevent the execution for 17 years, rendering NOTE: An "original" of a document is the document
the judgment ineffectual. itself or any counterpart intended to have the same
effect by a person executing or issuing it. An
They filed several petitions and motions for "original" of a photograph includes the negative or
reconsideration with the trial court and the CA any print therefrom. If data is stored in a computer
S.
despite the fact that it would never prosper as or similar device, any printout or other output
the trial court’s decision had long become final readable by sight or other means, shown to reflect
S,
before the said petitions were filed. Did the the data accurately, is an "original." (Rule 130,
lawyers violate Canon 12 of the CPR? Section 4(a), Rules of Court, as amended)
ES
A: YES. While lawyers owe their entire devotion to RULE 12.02, CANON 12
the interest of the client and zeal in the defense of A lawyer shall not file multiple actions arising
C
their client’s right, they are also officers of the court, from the same cause. (1991, 1997, 1998,
bound to exert every effort to assist in the speedy 2002 BAR)
IN
and efficient administration of justice. They should
not misuse the rules of procedure to defeat the ends Forum Shopping
PR
of justice or unduly delay a case, impede the
execution of a judgment or misuse court processes. The mere filing of several cases based on the same
incident does not necessarily constitute forum
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The facts and the law should advise them that a case shopping. The question is whether the several
such as this should not be permitted to be filed to actions filed involve the same transactions,
merely clutter the already congested judicial essential facts and circumstances. If they involve
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dockets. They do not advance the cause of law or essentially different facts, circumstances and causes
their clients by commencing litigations that for of action, there is no forum shopping. (Paredes v.
sheer lack of merit do not deserve the attention of Sandiganbayan, G.R. No. 108251, 31 Jan. 1996)
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the courts. (Eternal Gardens Memorial Park

Corporation v. CA, G.R. No. 123698, 05 Aug. 1998) The essence of forum shopping is the filing of
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multiple suits involving the same parties for the

RULE 12.01, CANON 12 same cause of action, either simultaneously or
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A lawyer shall not appear for trial unless he successively, to obtain a favorable judgment.
has adequately prepared himself on the law (Foronda v. Atty. Guerrero, A.C. No. 5469, 10 Aug.
and the facts of his case, the evidence he will 2004)
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adduce and the order of its profference. He

should also be ready with the original NOTE: If same evidence supports both actions,
S,
documents for comparison with the copies. there is also forum shopping.
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A newly hired counsel who appears in a case in the It is an act of malpractice for it trifles with the courts,
midstream is presumed and obliged to acquaint abuses their processes, degrades the administration
LL
himself with all the antecedent processes and of justice and adds to the already congested court
proceedings that have transpired in the record prior dockets. What is critical is the vexation brought
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to his takeover. (Villasis v. CA, G.R. Nos. L- 36874-76, upon the courts and the litigants by a party who asks
30 Sept. 1974) different courts to rule on the same or related
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causes and grant the same or substantially the same

A lawyer who is presenting documentary exhibits relief, which creates the possibility of conflicting
must also be ready with the originals thereof for decisions being rendered by different forums upon
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purposes of comparison with copies thereof to the same issues, regardless of whether the court, in
avoid objections which ordinarily delay the which one of the suits was brought, has no
proceedings. (Rule 130, Section 3, Rules of Court, as jurisdiction over the action. (Top Rate Construction
amended) and General Services v. Paxton Devt. Corp., G.R. No.
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2022 GOLDEN NOTES
151081, 11 Sept. 2003) Compliance with the certification against forum

shopping is separate from the avoidance of
Prevention against Forum Shopping forum shopping itself
The Supreme Court, in several Circulars it had The requirement to file a certificate of non-forum
S.
issued, required the attachment to all initiatory shopping is mandatory. Failure to comply cannot be
pleadings a sworn certification, that: excused by the fact that plaintiff is not guilty of
S,
forum shopping. (Melo v. CA, G.R. No. 123686, 16 Nov.
1. The initiating party has not therefore 1999; Ong v. CA, G.R. No. 144581, July 5, 2002;
ES
commenced any action or filed any claim Crisostomo v. Atty. Nazareno, A.C. No. 6677, 10 June
involving the same issues in any court, tribunal 2014)
or quasi-judicial agency and, to the best of his
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knowledge, no such other action or claim is False Certification against Forum Shopping vs.
pending therein. Forum Shopping
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2. If there is such other pending action or claim, a FALSE
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complete statement of the present status CERTIFICATION FORUM SHOPPING
thereof. AGAINST FORUM PROPER
SHOPPING
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3. If he should thereafter learn that the same or As to the Effects
similar action or claim has been filed or is
Failure to comply Commission thereof
pending, he shall report that fact within his
warrants: warrants:
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aforesaid complaint or initiatory pleading has
been filed. (Sec. 5, Rule 7, Rules of Court, as
1. Criminal action 1. Summary dismissal
amended)
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for a false without prejudice

certification of
Possible Consequences
XPN: When there is
W
non-forum
shopping; a willful or
The following are the possible consequeces of a
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2. Indirect deliberate forum-

forum shopping:
contempt; shopping (Sec. 5,
3. Disciplinary Rule 7, Rules of
1. There may be a summary dismissal without
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proceedings for Court, as amended);

prejudice unless there is a willful or deliberate
the lawyer
forum-shopping, pursuant to Sec. 5, Rule 7 of the
concerned. (Sec. 2. Direct contempt of
S,
Rules of Court.
5, Rule 7, Rules of court on the party
Court, as and his lawyer in
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2. A penalty for direct contempt of court may be

amended) case of willful and
imposed on the party and his lawyer in cases of
LL
deliberate forum-
willful and deliberate forum-shopping,
shopping (Sec. 5,
pursuant to Sec. 5, Rule 7 of the Rules of Court.
Rule 7, Rules of
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Court, as amended);
3. A criminal action for a false certification of non-
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forum shopping and indirect contempt may be

3. Disciplinary
instituted.
proceedings for the
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lawyer concerned.
4. A disciplinary proceedings for the lawyer
(Sec. 5, Rule 7, Rules
concerned, pursuant to Sec. 5, Rule 7 of the Rules
of Court, as
of Court, may be held.
amended)

Legal Ethics
Q: BPI and LSDC had a Joint Venture Agreement. lawyer is subject to discipline. (CPR Annotated,
LSDC misrepresented to have ownership over PhilJA)
the lots sold and failed to deliver the title to the
buyers. BPI filed a complaint against the LSDC The same rule applies more forcefully to motion for
for termination of contract, recovery of continuance. Postponement is not a matter of right
S.
property and damages, with prayer for the but of sound judicial discretion. (Edrial v. Quilat-
issuance of a TRO and a writ of preliminary Quilat, G.R. No. 133625, 06 Sept. 2000)
S,
mandatory injunction before the RTC. With
Atty. Deloria as counsel, LSDC filed an answer RULE 12.04, CANON 12
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with counterclaim and a prayer for the A lawyer shall not unduly delay a case, impede
issuance of a writ of preliminary mandatory the execution of a judgment or misuse court
injunction to direct BPI to execute the deeds of processes
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absolute sale and release the titles to the lot
buyers. However, LSDC's application for a writ It is understandable for a party to make full use of
IN
of preliminary mandatory injunction was every conceivable legal defense the law allows.
denied. Representing Corazon Flores, a lot However, in case of attempts to evade liability to
PR
buyer, Atty. Deloria filed a complaint for which a party should respond, it must be kept in
execution of deeds of absolute sale and mind that procedural rules are intended to aid
delivery of title against BPI before the HLURB. justice, not as means for its frustration. (Santiago v.
ZA
Should Atty. Deloria be administratively De Los Santos, G.R. No. L-20241, 22 Nov. 1974)
liable?
Once a judgment becomes final and executory, the
EZ
A: YES. Atty. Deloria violated Rule 12.02, Canon 12 prevailing party should not be denied the fruits of
of the CPR on forum shopping when he lodged a his victory by some subterfuge devised by the losing
complaint before the HLURB praying for BPI to party. Unjustified delay in the enforcement of a
-D
execute deeds of absolute sale and deliver the judgment sets at naught the role of the courts in
titles over the subdivided lots, which was the same disposing justiciable controversies with finality.
W
subject matter in the preliminary mandatory (Aguilar v. Manila Banking Corporation, G.R. No.
injunction earlier denied by the RTC while the 157911, 19 Sept. 2006)
LO
main civil case was still pending (Buena Vista

Properties v. Atty. Deloria, A.C. No. 12160, 14 Aug. Lawyers should not resort to nor abet the resort of
2018). their clients to a series of actions and petitions to
G
thwart the execution of a judgment that has long

RULE 12.03, CANON 12 become final and executor. (Cobb-Perez v. Lantin,
S,
A lawyer shall not, after obtaining extensions G.R. No. L-22320, 22 May 1968)
of time to file pleadings, memoranda or briefs,
O
let the period lapse without submitting the Note: The writs of amparo and habeas data are
same or offering an explanation for his failure extraordinary remedies which cannot be used as
LL
to do so. (2003 BAR) tools to stall the execution of a final and executory
decision in a property dispute. (Castillo v. Cruz, G.R.
O
The court censures the practice of counsels who No. 182165, 25 Nov. 2009)
secure repeated extensions of time to file their
EB
pleadings and thereafter simply let the period lapse

without submitting the pleading or even an
explanation or manifestation of their failure to do so.
R
(Achacoso v. CA, G.R. No. L-35867, 28 June 1973)
Asking for extension of time must be in good faith.

Otherwise, it is an obstruction of justice and the
`
2022 GOLDEN NOTES
RULE 12.05, CANON 12 testify as a witness unless it is necessary and that

A lawyer shall refrain from talking to his they should withdraw from the active management
witness during a break or recess in the trial, of the case. (PNB v. Uy Teng Piao, G.R. No. L- 35252,
while the witness is still under examination. 21 Oct. 1932)
S.
The rule is designed to uphold and maintain fair GR: A lawyer is not disqualified from being a
play with the other party and to avoid any suspicion witness. (Santiago v. Rafanan, A.C. No. 6252, 05 Oct.
S,
that he is coaching the witness what to say during 2004)
the resumption of the examination. (Agpalo, 2009)
ES
XPN: In certain cases pertaining to privileged
Guidelines in interviewing witnesses (2001, communication arising from an attorney-client
2005 BAR) relationship. (Santiago v. Rafanan, A.C. No. 6252, 05
C
Oct. 2004)
1. A lawyer may interview a witness in advance of
IN
the trial to guide him in the management of the RULE 12.06, CANON 12
litigation. A lawyer shall not knowingly assist a witness
PR
2. A lawyer may also interview a “prospective to misrepresent himself or to impersonate
witness” for the opposing side in any civil and another.
criminal action without the consent of opposing
ZA
counsel or party. Sanctions to a Lawyer who instructs a Witness to
3. A lawyer must properly obtain statements from perpetuate Misrepresentation
witnesses whose names were furnished by the
EZ
opposing counsel or interview the employees of Art. 184 of the Revised Penal Code (RPC) provides
the opposing party even though they are under that “the lawyer who presented a witness knowing
subpoena to appear as witnesses for the him to be a false witness is criminally liable for
-D
opposite side. Offering False Testimony in Evidence.”

4. If after trial resulting in defendant’s conviction,
W
his counsel has been advised that a prosecution NOTE: The lawyer who is guilty of the above is both
witness has committed perjury, it is not only criminally and administratively liable.
LO
proper but it is the lawyer’s duty to endeavor

honorable means to obtain such witness’ Criminal Liability of a Witness who commits
reaction, even without advising the public Misrepresentation
G
prosecutor of his purpose and even though the

case is pending appeal. The witness who commits the misrepresentation is
S,
5. An adverse party, though he may be used as a criminally liable for “False Testimony” either under
witness, is not however a witness within the Arts. 181, 182 or 183, Revised Penal Code,
O
meaning of the rule permitting a lawyer to depending upon the nature of the case.
interview the witness of the opposing counsel.
LL

Q: May an attorney talk to his witnesses before A lawyer shall not abuse, browbeat or harass
O
and during the trial? (2014 BAR) a witness nor needlessly inconvenience him.
EB
A: An attorney can talk with his witnesses before the Q: Nolito Boras was convicted of statutory rape.
trial, but it is unethical to do so if the client is already The victim, a minor, testified with the manner of
on the witness stand during the trial. (Agpalo, 2009) examination being excessive. The lawyer of
R
Boras was asking questions like,

NOTE: Although the law does not forbid an attorney “Did you have any opportunity at the time you
to be a witness and at the same time an attorney in were raped to hold the penis of Nolito Boras?”, “At
a case, the courts prefer that counsel should not the time, when you were raped by Nolito Boras, is

Legal Ethics
his penis hard or soft?”, and “Did you see your 2. When such would Adversely affect any lawful
uncle Cerilo after the accused stop pushing and interest of the client with respect to which
pulling his penis to your vagina or while he was confidence has been reposed on him;
still in the process of pushing and pulling his 3. Having accepted a Retainer, he cannot be a
penis to your vagina?” Did the lawyer of Nolito witness against his client;
S.
Boras violate Rule 12.07? 4. He cannot serve Conflicting interests; and,
5. When he is to violate the Confidence of his
S,
A: YES. It must be stressed that in dealing with rape client.
cases of children, especially those below twelve (12)
ES
years of age, due care must be observed by the trial Matters to which a lawyer CAN testify on:
court in handling the victim. By subjecting her into
explaining whether she was forced or intimidated is 1. On Formal matters, such as the mailing,
C
excessive. authentication or custody of instrument and the
like; and
IN
It is because proof of force and intimidation is 2. On substantial matters in cases where his
unnecessary in statutory rape. Considering that Testimony is essential to the ends of justice, in
PR
there is a medical report substantiating the which event he must, during his testimony,
allegations made by the victim, the manner of entrust the trial of the case to another counsel.
examination of the victim must be tempered.
ZA
Especially in this case since the child is only six
years old who remains uncorrupted. (People v.
Boras, G.R. No. 127495, 22 Dec. 2000)
EZ
A lawyer shall avoid testifying in behalf of his
-D
client, except:
W
a. on formal matters, such as the

mailing, authentication or custody of
LO
an instrument, and the like; or
b. on substantial matters, in cases where

G
his testimony is essential to the ends

of justice, in which event he must,
S,
during his testimony, entrust the trial

of the case to another counsel.
O
The function of a witness is to state the facts as he

LL
recalls them in answer to questions. The function of

an advocate is that of a partisan. It is difficult to
O
distinguish between the zeal of an advocate and the

fairness and impartiality of a disinterested witness.
EB
(Santiago v. Rafanan, A.C. No. 6252, 05 Oct. 2004)
Matters to which a Lawyer CANNOT testify on (T-

R
A-R-C-C)
1. When, as an attorney, he is to Testify on the

theory of the case;
`
2022 GOLDEN NOTES
RELIANCE ON MERITS OF CASE AND to the case pending in the court of said judge.
AVOIDANCE FROM ANY IMPROPRIETY WHICH (Austria v. Masaquel, G.R. No. 22536, 31 Aug. 1967)
TENDS TO INFLUENCE OR GIVES THE
APPEARANCE OF INFLUENCE UPON THE It is highly improper for a judge to meet privately
COURTS with an accused who has a pending case before him
S.
without the presence of the other party. (Gallo v.
CANON 13 Cordero, A.M. No. MTJ-95-1035, 21 June 1995)
A lawyer shall rely upon the merits of his cause
S,
and refrain from any impropriety which tends Q: Atty. J requested Judge K to be a principal
to influence, or gives the appearance of
ES
sponsor for the wedding of his son. Atty. J met
influencing the court.
Judge K a month before during the IBP-
sponsored reception to welcome Judge K into
It is unethical for a lawyer to give an appearance as
C
the community, and having learned that Judge K
if he is capable of influencing judges and court
takes his breakfast at a coffee shop near his
IN
personnel. Giving of gifts to the judges are
(Judge K's) boarding house, Atty. J made it a
discouraged as it tends to give an appearance of
point to be at the coffee shop at about the time
PR
influencing the conduct of judicial function or
that Judge K takes his breakfast. Comment on
breeding familiarity with judges. (Antiquiera, 1992)
Atty. J's acts. Do they violate the CPR? (2000
BAR)
It is reprehensible for a lawyer to wrongfully use the
ZA
name of the law office for the purpose of “giving
A: YES. His actions violate Canon 13 of the CPR
more weight and credit to the pleading.” Motions
which provides that a lawyer shall rely upon the
and pleadings filed in courts are acted upon in
EZ
merits of his cause and refrain from any impropriety
accordance with their merits or lack of it, and not on
which tends to influence, or gives the appearance of
the reputation of the law firm or the lawyer filing
influencing the court.
-D
the same. (Rodica v. Atty. Lazaro, et al. A.C. No. 9259,

23 Aug. 2012)
Rule 13.01 of the same Code provides that a lawyer
W
shall not extend extraordinary attention or

hospitality to, nor seek opportunity for cultivating
A lawyer shall not extend extraordinary
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familiarity with judges.

attention or hospitality to, nor seek
opportunity for cultivating familiarity with
Atty. J obviously sought opportunity for cultivating
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judges.
familiarity with Judge K by being at the coffee shop
where the latter takes his breakfast, and is
The rule is designed to protect the good name and
S,
extending extraordinary attention to the judge by

reputation of the judge and the lawyer. (Pineda,
inviting him to be a principal sponsor at the
2009) Lawyers should not seek for opportunity to
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wedding of his son.

cultivate familiarity with judges. A lawyer who
LL
resorts to such practices of seeking familiarity with

judges dishonors his profession and a judge who
A lawyer shall not make public statements in
consents to them is unworthy of his high office.
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the media regarding a pending case tending to

arouse public opinion for or against a party.
EB
A lawyer should not communicate or argue

privately with the judge as to the merits of a pending
Prejudicial Publicity
case. He should be rebuked and denounced for any
R
device or attempt to gain from a judge special

There must be an allegation and proof that the
personal consideration or favor. (Canon 3, CPE)
judges have been unduly influenced, not simply that
they might be, by barrage of publicity. (CPR
It is improper for a litigant or counsel to see a judge
Annotated, PhilJA)
in chambers and talk to him about a matter related

Legal Ethics
NOTE: The restriction does not prohibit issuances criticizing the judge’s decision, provided that such
of statements by public officials charged with the comment or criticism shall be bona fide and not spill
duty of prosecuting or defending actions in court. over the bounds of decency and propriety.
(Lejano v. People, G.R. No. 176389, 14 Dec. 2010)
S.
In a concluded litigation, a lawyer enjoys a wider A lawyer shall not brook or invite interference
latitude of commenting on or criticizing the decision by another branch or agency of the
S,
of a judge of his actuation. Thus, it has been held that government in the normal course of judicial
a newspaper publication tending to impede, proceedings.
ES
obstruct, embarrass or influence the courts in
administering justice in a pending case constitutes When a case is already within the jurisdiction of a
criminal contempt, but the rule is otherwise after court, the lawyer should not cause or seek the
C
the litigation is ended. (In re: Lozano, 54 Phil. 801, interference of another agency of the Government in
24 July 1930) the normal course of judicial proceedings. (Pineda,
IN
2009)
Q: Dumbledore, a noted professor of commercial
PR
law, wrote an article on the subject of letters of The reason for this rule is that such action will be
credit, which was published in the IBP Journal. contrary to the principle of separation of powers.
Assume that he devoted a significant portion of
ZA
the article to a commentary on how the Supreme All lawyers must uphold, respect and support the
Court should decide a pending case involving independence of the judiciary. This independence
the application of the law on letters of credit. from interference is made to apply against all
EZ
May he be sanctioned by the Supreme Court? branches and agencies of the government. (Funa,
Explain. (2008 BAR) 2009)
-D
A: YES. Professor Dumbledore may be sanctioned NOTE: In the case of De Bumanlag v. Bumanlag, the
by the Supreme Court. Rule 13.02 of the CPR Supreme Court reprimanded Atty. Bumanlag for
W
provides that “a lawyer shall not make public gross ignorance of law and of the Constitution in
statements in the media regarding a pending case having asked the President to set aside by decree
LO
tending to arouse public opinion for or against a the Court’s decision which suspended him for two
party.” The Court in a pending litigation must be years from the practice of law.
shielded from embarrassment or influence in its
G
duty of deciding the case.

S,
Q: Assume Dumbledore did not include any

commentary on the case. Assume further after
O
the Supreme Court decision on the case had

attained finality, he wrote another IBP Journal
LL
article, dissecting the decision and explaining

why the Supreme Court erred in all its
O
conclusions. May he be sanctioned by the

Supreme Court? Explain. (2008 BAR)
EB
A: He may not be sanctioned by the Supreme Court.

Once a case is concluded, the judge who decided it is
R
subject to the same criticism as any other public

official because his decision becomes public
property and is thrown open to public consumption.
The lawyer enjoys a wide latitude in commenting or
`
2022 GOLDEN NOTES
The absence of a written contract will not

D. TO THE CLIENTS preclude finding of an attorney-client
(CANONS 14-22) relationship.
The absence of a written contract will not preclude
S.
a finding that there is a professional relationship.
Characteristics of an Attorney-Client
Documentary formalism is not an essential element
Relationship
S,
in the employment of an attorney; the contract may
be express or implied. (Toledo v. Callos, A.M. No. RTJ-
1. It is strictly personal. It means that the
ES
05-1900, 28 Jan. 2005)
delegation of work without the client’s consent
is prohibited.
It is sufficient to establish the professional relation,
C
that the advice and assistance of an attorney is
2. It is highly confidential. All communications
sought and received in any matter pertinent to his
IN
made in the course of lawyer’s professional
profession. An acceptance of the relation is implied
employment is confidential in nature.
on the part of the attorney from his acting on behalf
PR
of his client in pursuance of a request from the latter.
3. It fiduciary in nature. It means that (a) the
(Hirach Bros. and Co. v. R. E. Kennington Co., 88 A. L.
lawyer holds in trust all moneys and properties
R., 1. cited in Hilado v. David, G.R. No. L-961, 21 Sept.
of his client that may come into his possession;
ZA
1949)
(b) when a lawyer enforces a charging lien
against his client, the relationship is
Commencement of an Attorney-Client
terminated; and, (c) an attorney cannot
EZ
Relationship
represent adverse interest unless the parties
consent to the representation after full
Case law instructs that a lawyer-client relationship
-D
disclosure of facts.
commences when a lawyer signifies his agreement
to handle a client's case and accepts money
Q: Lawyer A and client B were good friends while
W
representing legal fees from the latter. (Egger v.

maintaining an attorney-client relationship
Duran, A.C. No. 11323, 14 Sept. 2016; Samonte v. Atty.
imbued with trust and confidence, so much so
LO
Jumamil, A.C. No. 11668, 17 July 2017)

that A borrowed money from B. However, A was
remiss in his duties as a lawyer without
NOTE: If a person, in respect to his business affairs
G
informing the court and his client on the cause.

or any troubles of any kind, consults with his
B confronted A and demanded payment of the
attorney in his professional capacity with the view
loaned money. The lawyer failed to pay the same.
S,
to obtaining professional advice or assistance and

Did A violate the Code of Professional
the attorney voluntarily permits or acquiesce in
Responsibility?
O
such consultation, as when he listens to his client’s

preliminary statement of his case or gives advice
LL
A: YES. The relationship between a lawyer and his

thereon, then the professional employment is
client is one imbued with trust and confidence
regarded as established just as effective as when he
which may be prone to abuse. The rule against
O
draws his client’s pleading or advocates his client’s

borrowing of money by a lawyer from his client is
cause in court. (Dee v. CA, G.R. No. 77439, 24 Aug.
EB
intended to prevent the lawyer from taking

1989)
adavantage of his influence over his client.
Formation of the Lawyer-Client Relationship

R
The rule presumes that the client is disadvantaged

by the lawyer’s ability to use all the legal
The lawyer-client relationship is formed through
maneuverings to renege his obligation. (Frederick
the following: (Im-Or-Ex)
Dalumay v. Atty. Ferdinand M. Agustin, A.C. No. 12836,
17 Mar. 2021)

Legal Ethics
1. Oral. It is when the counsel is employed Atty. Gonzales the circumstances surrounding
without a written agreement, but the conditions the lost title and discussing the fees and costs,
and amount of attorney’s fees are agreed upon. Atty. Gonzales prepared, finalized, and
submitted to Uy a petition to be filed with the
2. Express. It is when the terms and conditions RTC of Tayug, Pangasinan. However, when the
S.
including the amount of fees are explicitly petition was about to be filed, Atty. Gonzales
stated in a written document, which may be a went to Uy’s office and demanded a certain
S,
private or public document. Written contract of amount from him other than what they had
attorney’s fees is the law between the lawyer previously agreed upon. Uy found out later that
ES
and the client. instead of filing the petition for the issuance of a
new certificate of title, Atty. Gonzales filed a
3. Implied. It is when there is no agreement, letter- complaint against him with the Office of
C
whether oral or written, but the client allowed the Provincial Prosecutor for “falsification of
the lawyer to render legal services not intended public documents.” The letter-complaint
IN
to be gratuitous without objection and client is contained facts and circumstances pertaining to
benefited by reason thereof. the transfer certificate of title that was the
PR
subject matter of the petition which Atty.
Rules Protecting the Attorney-Client Gonzales was supposed to have filed. Should
Relationship (B-A-P-P-A) Atty. Gonzales be suspended for violating the
ZA
lawyer-client relationship when he filed a
1. Best effort must be exerted by the attorney to complaint for “falsification of public documents”
protect his client’s interest. against his client using facts connected with the
EZ
2. The attorney must promptly Account for any latter’s petition?
fund or property entrusted by or received for
his client. A: NO. Evidently, the facts alleged in the complaint
-D
3. An attorney cannot Purchase his client’s for “estafa through falsification of public documents”
property or interest in litigation. filed by Atty. Gonzales against Uy were obtained by
W
4. The Privacy of communications shall be upheld. Atty. Gonzales due to his personal dealings with Uy.
5. An attorney cannot represent a party whose Whatever facts alleged by Atty. Gonzales against Uy
LO
interest is Adverse to that of his client even were not obtained by Atty. Gonzales in his
after the termination of the relation. professional capacity but as a redemptioner of a
property originally owned by his deceased son and
G
Three (3) Principal Types of Professional therefore, when Atty. Gonzales filed the complaint
Activity of a Lawyer (L-A-P) for estafa against Uy, which necessarily involved
S,
alleging facts that would constitute estafa, Atty.

1. Legal advice and instructions to clients to Gonzales was not, in any way, violating Canon 21.
O
inform them of their rights and obligations;

2. Appearance for clients before public tribunals Clearly, there was no attorney-client relationship
LL
which possess power and authority to between Atty. Gonzales and Uy. The preparation
determine rights of life, liberty, and property and the proposed filing of the petition was only
O
according to law, in order to assist in proper incidental to their personal transaction. (Uy v. Atty.
interpretation and enforcement of law; and, Gonzales, A.C. No. 5280, 30 Mar. 2004)
EB
3. Preparation for clients of documents requiring

knowledge of legal principles not possessed by Q: Atty. Marie consulted Atty. Hernandez
ordinary layman. (CPR Annotated, PhilJA) whether she can successfully prosecute her case
R
for declaration of nullity of marriage that she

Q: Uy engaged the services of Atty. Gonzales to intends to file against her husband. Atty.
prepare and file a petition for the issuance of a Hernandez advised her in writing that the case
new certificate of title. After confiding with the will not prosper for the reasons stated therein.
`
2022 GOLDEN NOTES
Is Atty. Hernandez's subsequent acquiescence to AVAILABILITY OF SERVICE WITHOUT

be Noel's counsel ethical? (2006 BAR) DISCRIMINATION
A: NO. Atty. Hernandez's acquiescence to be Noel's CANON 14

counsel will not be ethical. It will constitute a A lawyer shall not refuse his services to the
S.
conflict of interests. When Atty. Marie consulted needy.
Atty. Hernandez' for advice on whether she can
The poor and indigent should not be further
S,
successfully prosecute her case for declaration of
nullity of her marriage to Noel, and he advised her disadvantaged by lack of access to the Philippine
legal system.
ES
that it will not prosper, a lawyer-client relationship
was created between them, although his advice was
unfavorable to her. Lawyer’s Right to decline Employment
C
From that moment, Atty. Hernandez is barred from GR: A lawyer is not obliged to act as legal counsel for
IN
accepting employment from the adverse party any person who may wish to become his client. He
concerning the same matter about which she had has the right to decline employment. (Navarro v.
PR
consulted him. (Hilado v. David, 84 Phil. 569, 1949) Meneses III, A.C. No. 313, 30 Jan. 1998)
Q: In the course of a drinking spree with Atty. XPNs:
ZA
Holgado, who has always been his counsel in
business deals, Simon bragged about his recent 1. A lawyer shall not refuse his services to the
sexual adventures with socialites known for needy. (Canon 14)
EZ
their expensive tastes. When Atty. Holgado 2. He shall not decline to represent a person solely
asked Simon how he manages to finance his on account of the latter’s race, sex, creed or
escapades, the latter answered that he has been status in life or because of his own opinion
-D
using the bank deposits of rich clients of Banco regarding the guilt of said person. (Rule 14.01)
Filipino where he works as manager. Is Simon's 3. He shall not decline, except for serious and
W
revelation to Atty. Holgado covered by the efficient cause like:

attorney-client privilege? (2006 BAR) a. If he is not in a position to carryout
LO
effectively or competently; and

A: NO. Simon's revelation to Atty. Holgado is not b. If he labors under a conflict of interest
covered by the lawyer-client privilege. In the first between him and the prospective client.
G
place, it was not made on account of a lawyer-client (Rule 14.03)

relationship, that is, it was not made for the purpose
S,
of seeking legal advice. In the second place, it was Legal Aid Cases
not made in confidence. (Mercado v. Vitriolo, A.C. No.
O
5108, 26 May 2005). Legal aid cases are those actions, disputes and
controversies that are criminal, civil and
LL
In the third place, the attorney-client privilege does administrative in nature in whatever stage, wherein
not cover information concerning a crime or fraud an indigent and pauper litigants need legal
representation. (Sec. 4(c), B.M. No. 2012)
O
being committed or proposed to be committed.

EB
Rationale for establishing Legal Aid Services
Legal aid is not a matter of charity. It is a means for

R
the correction of social imbalances that may and

often do lead to injustice, for which reason it is a
public responsibility of the Bar. The spirit of public
service should, therefore, underlie all legal aid

Legal Ethics
offices. The same should be so administered as to 4. A lawyer must decline to conduct a civil cause
give maximum possible assistance to the indigent or to make a defense when convinced that it is
and deserving members of the community in all intended merely to harass or injure the
cases, matters and situations in which legal aid may opposite party or to work oppression or wrong.
be necessary to forestall an injustice. (Public Service,
S.
Sec. 1, Art. 1, IBP Guidelines on Legal Aid) Q: Is there an instance when a lawyer may accept
losing case? (1996, 2001, 2002, 2005 BAR)
S,
Q: Are there instances where a lawyer has the
duty to decline employment? (1993 BAR) a. In criminal case?
ES
b. In civil case?
A: A lawyer should decline no matter how attractive
the fee offered may be if its acceptance will involve: A:
C
(R-A-C-C-A-A) a. A lawyer may accept a “losing” criminal case
since an accused is presumed to be innocent
IN
1. A violation of any of the Rules of the legal until his guilt is proven beyond reasonable
profession; doubt. Furthermore, CPR provides that a lawyer
PR
2. Advocacy in any manner in which he had shall not decline to represent a person because
intervened while in the government service; of his opinion regarding the guilt of said person.
3. Nullification of a Contract which he prepared; Otherwise, innocent persons might be denied
ZA
4. Employment with a Collection agency which proper defense. (Rule 14.01, CPR)
solicits business to collect claims;
5. Employment, the nature of which might easily b. A lawyer may also accept a losing civil case,
EZ
be used as a means of Advertising his provided that, in so doing, he must not engage
professional services of his skill; or in dilatory tactics and must advise his client
6. Any matter in which he knows or has reason to about the prospects and advantage of settling
-D
believe that he or his partner will be an the case through a compromise to the extent of
essential witness for the prospective client. representing indigents, defenseless and the
W
oppressed.
Reasons why a Lawyer may not accept a “Losing
LO
Case” SERVICES REGARDLESS OF PERSON’S STATUS
1. The attorney’s signature in every pleading RULE 14.01, CANON 14

G
constitutes a certificate by him that there is A lawyer shall not decline to represent a
good cause to support it and that it is not person solely on account of the latter’s race,
S,
interposed for delay, and willful violation of sex, creed or status of life, or because of his
such rule shall subject him to disciplinary own opinion regarding the guilt of said person.
O
action. (See also Sec. 7, Rule 7, Rules of Court, as

amended) Q: Atty. DD’s services were engaged by Mr. BB as
LL
defense counsel in a lawsuit. In the course of the

2. It is the attorney’s duty to “counsel or maintain proceedings, Atty. DD discovered that Mr. BB
O
such actions or proceedings only as appears to was an agnostic and a homosexual. By reason
him to be just and only such defenses as he thereof, Atty. DD filed a motion to withdraw as
EB
believes to be honestly debatable under the counsel without Mr. BB’s express consent. Is Atty.
law.” DD’s motion legally tenable? Reason briefly
(2004 BAR)
R
3. A lawyer is not to encourage either the

commencement or the continuance of an action A: NO. Atty. DD’s motion is not legally tenable as he
or proceeding, or delay any man’s cause, for any has no valid cause to terminate his services. His
corrupt motive or interest. client, Mr. BB, being an agnostic and homosexual,
`
2022 GOLDEN NOTES
should not be deprived of his counsel’s the province and of good repute for probity and
representation solely for that reason. ability, in localities without lawyers. (Sec. 7, Rule 116,
Rules of Court)
Q: A is accused of robbery in a complaint filed by
B. A sought free legal assistance from the Public Considerations in appointing a Counsel de
S.
Attorney’s Office (PAO) and Atty. C was assigned Officio
to handle his case. After reviewing the facts as
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stated in the complaint and as narrated by A, The following matters should be considered in the
Atty. C is convinced that A is guilty. May Atty. C appointment of a counsel de officio:
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refuse to handle the defense of A and ask to be 1. gravity of offense
relieved? Explain fully. (2014 BAR) 2. difficulty of questions that may arise; and,
3. experience and ability of appointee
C
A: NO. Rule 14.01 of the CPR provides that a lawyer
shall not decline to represent a person solely on Q: A criminal complaint was filed against
IN
account of his own opinion regarding the guilt of the Bermas for rape. The Prosecutor issued a
said person. It is not the duty of the lawyer to certification that the accused has waived his
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determine whether the accused is guilty or not, but right to preliminary investigation. On
the judge’s. Besides, in a criminal case, the accused arraignment, the accused was brought before
is presumed innocent, and he is entitled to an the trial court without counsel. The Court
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acquittal unless his guilt is proven beyond assigned a different counsel de officio to the case
reasonable doubt. The role of the lawyer is to see to for four times. Each counsel failed to appear
it that his constitutional right to due process is before the court. Despite the said events, the
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observed. lower court convicted the accused of death
penalty for the violation of the crime of rape.
SERVICES AS COUNSEL DE OFFICIO The defense counsel claimed that the accused
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was deprived of due process. Is he correct?

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A lawyer shall not decline, except for serious A: YES. The right to counsel must be more than just
and sufficient cause, an appointment as the presence of a lawyer in the courtroom or the
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counsel de officio or as amicus curiae, or a mere propounding of standard questions and

request from the Integrated Bar of the objections. The right to counsel means that the
Philippines or any of its chapters for rendition accused is amply accorded legal assistance
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of free legal aid. extended by a counsel who commits himself to the

cause for the defense and acts accordingly. The right
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A court may assign an attorney to render assumes an active involvement by the lawyer in the
professional aid free of charge to any party in case, proceedings, particularly at the trial of the case, his
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if upon investigation it appears that the party is bearing constantly in mind of the basic rights of the
destitute and unable to employ an attorney and that accused, his being well-versed on the case, and his
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the services of counsel are necessary to secure the knowing the fundamental procedures, essential
ends of justice and to protect the rights of the party. laws and existing jurisprudence.
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It shall be the duty of the attorney so assigned to

render the required service, unless he is excused It is never enough that accused be simply informed
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therefrom by the court for sufficient cause shown. of his right to counsel; he should also be asked
(Sec. 31, Rule 138, Rules of Court, as amended) whether he wants to avail himself of one and should
be told that he can hire a counsel of his own choice
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Counsel de Officio if he so desires or that one can be provided to him at

his request.
A counsel de officio must be (a) a member of the bar
in good standing; and, (b) any person, resident of A counsel de officio must take the case not as a

Legal Ethics
burden but as an opportunity to assist in the proper NOTE: A lawyer may refuse to handle cases due to
dispensation of justice. No lawyer is to be excused these valid reasons. However, Rule 2.02 requires
from this responsibility except only for the most him to give advice on preliminary steps if he is asked
compelling and cogent reasons. until the client secures the services of counsel. He
shall refrain from giving this preliminary advice if
S.
Obviously, in the instant case, the aforenamed there is conflict of interest between a present client
defense lawyers did not protect, much less uphold, and a prospective one for extending such legal advice
S,
the fundamental rights of the accused. Instead, they will create and establish an attorney-client
haphazardly performed their function as counsel de relationship between them and may involve a
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officio to the detriment and prejudice of the accused violation of the rule prohibiting a lawyer from
Sevilleno, however guilty he might have been found representing conflicting interest.
to be after trial. (People v. Bermas, G.R. No. 120420,
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21 Apr. 1999) Q: Judge Climaco issued an order denying Atty.
Ledesma’s motion to withdraw as counsel de
IN
VALID GROUNDS FOR REFUSAL TO SERVE officio. One of the grounds for such a motion was
his allegation that with his appointment as
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RULE 14.03, CANON 14 Election Registrar by the COMELEC, he was not
A lawyer may not refuse to accept in a position to devote full time to the defense of
representation of an indigent client unless: the two accused. The denial by the Judge of such
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plea, notwithstanding the conformity of the
a. He is in no position to carry out the defendants, was due to “its principal effect of
work effectively or competently; delaying the case." Is the denial of Judge Climaco
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correct?
b. He labors under a conflict of interest
between him and the prospective A: YES. The reluctance of Ledesma to comply with
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client or between a present client and his responsibilities as counsel de officio is not an
a prospective client. adequate ground for the motion of withdrawal.
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Membership in the bar is a privilege burdened with

Grounds of Refusal of Appointment to be a a condition. For some lawyers especially the
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Counsel de Oficio neophytes in the profession being appointed as a

lawyer is an irksome chore.
A lawyer may refuse to accept the appointment of
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being a counsel de officio on the following grounds: Law is a profession dedicated to the ideal of service
and not a mere trade. Thus, is made manifest the
S,
1. There are too many de officio cases assigned to indispensable role of a member of the Bar in the
the lawyer. (People v. Daeng, G.R. No. L-34091, defense of an accused.
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30 Jan. 1973).
Such a consideration could have sufficed for
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2. There exists a conflict of interest. (Rule 14.03,

CPR) Ledesma not being allowed to withdraw as counsel
3. The lawyer is not in a position to carry out the de officio. For he did betray by his moves his lack of
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work effectively or competently. (supra) enthusiasm for the task entrusted to him, to put
4. The lawyer is prohibited from practicing law by matters mildly. He did point though to his
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reason of his public office which prohibits responsibility as an election registrar. Assuming his
appearances in court. good faith, no such excuse could be availed. There is
5. The lawyer is preoccupied with too many cases not likely at present, and in the immediate future, an
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which will spell prejudice to the new clients. exorbitant demand on his time. (Ledesma v. Climaco,
6. The lawyer provides health-related reasons. G.R. No. L-23815, 28 June 1974)
7. There is an extensive travel abroad.
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2022 GOLDEN NOTES
Q: May a lawyer decline a request for free legal granted or that they will be granted the length of
aid to an indigent accused made by a chapter of time they prayed for.
the IBP? Explain. (2002 BAR)
Further, regardless of the agreement Atty. Dajoyag,
A: NO. Rule 14.02 of the CPR provides that “a lawyer Jr. had with Ramos with respect to the payment of
S.
shall not decline, except for serious and sufficient his fees, Atty. Dajoyag, Jr. owed it to Ramos to do his
cause, an appointment as counsel de officio or as utmost to ensure that every remedy allowed by law
S,
amicus curiae or a request from the IBP or any of its is availed of.
chapter for rendition of free legal aid.” He may,
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decline such appointment only for “serious and Rule 14.04 of the CPR enjoins every lawyer to
sufficient cause.” devote his full attention, diligence, skills, and
competence to every case that he accepts. Pressure
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Q: Will your answer be different if the legal aid and large volume of legal work do not excuse Atty.
is requested in a civil case? (2002 BAR) Dajoyag, Jr. for filing the petition for certiorari out of
IN
time. (Ramos v. Dajoyag, Jr., A.C. No. 5174, 28 Feb.
A: The answer will not be exactly the same, because 2002)
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in a civil case, the lawyer can also decline if he
believes the action or defense to be unmeritorious. NOTE: The fact that his services are rendered
He is ethically bound to maintain only actions and without remuneration should not occasion a
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proceedings which appear to him to be just and only diminution in his zeal. (Ledesma v. Climaco, G.R. No.
such defenses which he believes to be honestly L-23815, 28 June 1974)
debatable under the law.
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A lawyer who accepts the cause of a person
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unable to pay his professional fees shall

observe the same standard of conduct
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governing his relations with paying clients.

(2008 BAR)
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Q: Atty. Mariano Dajoyag, Jr. is Ernesto Ramos’

counsel. He failed to perfect their appeal before
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the Supreme Court. He filed the petition for

certiorari within the 20-day period of extension
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that he sought in his 2nd motion for extension.

He learned that the period of extension granted
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in his 1st motion for extension was inextendible

only after the expiration of the two (2) periods
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of extension that he prayed for.

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A complaint for negligence and malpractice was

filed against him, to which he pleaded good faith
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and excusable neglect of duty. Is Atty. Dajoyag Jr.

guilty of neglect of duty?
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A: YES. Motions for extension are not granted as a

matter of right but in the sound discretion of the
court, and lawyers should never presume that their
motions for extension or postponement will be

Legal Ethics
CANDOR, FAIRNESS, AND LOYALTY TO CLIENTS control and is a task that a lawyer undertakes. The
preparation and the filing of the answer is a matter
CANON 15 of procedure that fell fully within the exclusive
A lawyer shall observe candor, fairness and control and responsibility of the lawyer. It was
loyalty in all his dealings and transactions incumbent upon him to execute all acts and
S.
with his clients procedures necessary and incidental to the
advancement of his client’s cause of action.
A lawyer owes absolute fidelity to the cause of his
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client. He owes his client full devotion to his interest,
Records further disclose that he omitted to update
warm zeal in the maintenance and defense of his
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himself of the progress of his client’s case with the
rights.
trial court, and neither did he resort to available
legal remedies that might have protected his client’s
It demands of an attorney an undivided allegiance, a
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interest. Although a lawyer has complete discretion
conspicuous and high degree of good faith,
on what legal strategy to employ in a case entrusted
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disinterestedness, candor, fairness, loyalty, fidelity
to him, he must present every remedy or defense
and absolute integrity in all his dealings and
within the authority of law to support his client’s
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transactions with his clients and an utter
interest. When a lawyer agrees to take up a client’s
renunciation of every personal advantage
cause, he covenants that he will exercise due
conflicting in any way, directly or indirectly, with
diligence in protecting the latter’s rights.
the interest of his client. (Oparel Sr. v. Abaria, A.C. No.
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959, 30 July 1971)
Evidently, the acts of the Atty. Sempio plainly
demonstrated his lack of candor, fairness, and
If they find that their client’s cause is defenseless,
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loyalty to his client as embodied in Canon 15 of the
then it is their bounden duty to advise the latter to
Code. A lawyer who performs his duty with
acquiesce and submit rather than to traverse the
diligence and candor not only protects the interest
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incontrovertible. (Rollon v. Atty. Naraval, A.C. No.

of his client; he also serves the ends of justice, does
6424, 04 Mar. 2005)
honor to the bar, and maintains the respect of the
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community to the legal profession. (Baens v. Sempio,

Q: Baens engaged the services of Atty. Sempio to
A.C. No. 10378, 09 June 2014)
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file a case for Declaration of Nullity of Marriage

against his wife. Despite receipt of ₱250,000 for
Confidentiality Rule
legal expenses, Atty. Sempio failed to file the
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petition, and it was Baens’ wife who filed the

It means the relation between lawyer and client or
same. Atty. Sempio filed an Answer only after
guardian and ward, or between spouses, with
the 15-day period stated in the Summons. Atty.
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regard to the trust that is placed in the one by the

Sempio also failed to make an objection on the
other. (Black’s Law Dictionary 7th Edition 1990,
petition on the ground of improper venue as
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2004)
neither Baens nor his wife were and are
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residents of Dasmariñas, Cavite. He never

A lawyer shall preserve the confidences and secrets
bothered to check the status of the case and thus
of his client even after the attorney-client relation is
failed to discover and attend all the hearings set
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terminated. (Canon 21, CPR)

for the case.
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It is one of the duties of a lawyer, as provided for in

As a result, the civil case was decided without
the Rules of Court, to maintain inviolate the
Baens being able to present his evidence. Did
confidence, and at every peril to himself, to preserve
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Atty. Sempio violate the CPR?

the secrets of his client. (Sec. 20(e), Rule 138, Rules
of Court, as amended)
A: YES. In the first place, securing a copy of such
notices, orders and case records was within his
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2022 GOLDEN NOTES
PRIVILEGED COMMUNICATIONS Requisites of Privileged Communication
A privileged communication is one that refers to For the privileged communication to be

information transmitted by voluntary act of appreciated, the following requisites must be
disclosure between attorney and client in present:
S.
confidence and by means of which, in so far as the
client is aware, discloses the information to no third 1. There is attorney-client relationship or a kind of
S,
person other than one reasonably necessary for the consultancy requirement with a prospective
transmission of the information or the client.
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accomplishment of the purpose for which it was 2. The communication was made by the client to
given. (Mercado v. Vitriolo, A.C. No. 5108, 26 May the lawyer in the course of the lawyer’s
2005) professional employment.
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3. The communication must be intended to be
RULE 15.02, CANON 15 confidential.
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A lawyer shall be bound by the rule on
privilege communication in respect of matters NOTE: The party who avers that the communication
PR
disclosed to him by a prospective client. (2008 is privileged has the burden of proof to establish the
BAR) existence of the privilege unless from the face of the
document itself, it clearly appears that it is
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Two-fold Purpose of the Rule privileged. The mere allegation that the matter is
privileged is not sufficient. (Lapeña Jr., 2009; People
The purpose of this Rule is: v. Sleeper, G.R. No. 22783, 03 Dec. 1924)
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1. to encourage a client to make a full disclosure of
the facts of the case to his counsel without fear, Client Identity
and,
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2. to allow the lawyer freedom to obtain full Client identity is privileged where a strong
information from his client. (Pineda, 2009) probability exists that revealing the client’s name
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would implicate that client in the very activity for

Disclosure of a Prospective Client which he sought the lawyer’s advice. (Regala v.
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Sandiganbayan, G.R. No. 105938, 20 Sept. 1996)

The foregoing disqualification rule applies to
prospective clients of a lawyer. Matters disclosed by Characteristics of Privileged Communication
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a prospective client to a lawyer are protected by the

rule on privileged communication even if the 1. Attorney-client privilege where legal advice is
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prospective client does not thereafter retain the professionally sought from an attorney.
lawyer or the latter declines the employment. It 2. The client must intend the above
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covers crimes and offenses already committed by communication to be confidential.

the client. (Mercado v. Vitriolo, A.C. No. 5108, 26 May 3. Attorney-client privilege embraces all forms of
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2005) communication and action.

4. As a general rule, attorney-client privilege also
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REASON: To make the prospective client free to extends to the attorney’s secretary,
discuss whatever he wishes with the lawyer without stenographer, clerk or agent with reference to
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fear that what he tells the lawyer will be divulged or any fact acquired in such capacity.
used against him, and for the lawyer to be equally 5. The above duty is perpetual and
free to obtain information from the prospective communication is absolutely privileged from
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client. (Mercado v. Vitriolo, A.C. No. 5108, 26 May disclosure.

2005) 6. Persons entitled to claim privileges

Legal Ethics
Coverage of the Attorney-Client Privilege 6. when the law requires disclosure; and,
7. when disclosure is made to protect the lawyer’s
The attorney-client privilege covers the following: rights.
1. Lawyer or persons reasonably believed to be NOTE: Even if the communication is unprivileged,
S.
licensed to practice law; the rule of ethics prohibits lawyers from voluntarily
2. Client; and revealing or using to his benefit or to that of a third
S,
3. Third persons who by reason of their work have person, to the disadvantage of the client, the said
acquired information about the case being communication unless the client consents thereto.
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handled such as: (Sec. 3, Rule 138-A, Rules of Court, as amended)
a. Attorney’s secretary, stenographer, and
clerk; Q: Atty. Vitriolo represented Rose Mercado in an
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b. Interpreter, messengers and agents annulment case filed by her husband.
transmitting communication, or others Thereafter, a criminal action against her was
IN
assisting the attorney; and filed by the former for falsification of public
c. An accountant, scientist, physician, document. According to Atty. Vitriolo, she
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engineer who has been hired for effective indicated in the Certificates of Live Birth of her
consultation. (Sec. 24(b), Rule 130, Rules of children that she is married to a certain
Court, in relation to the Amendments to Ferdinand Fernandez, and that their marriage
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Rules of Evidence, A.M. 19-08-15-SC) was solemnized on April 11, 1979, when in truth,
she is legally married to Ruben Mercado and
Duration of Privileged ommunication their marriage took place on April 11, 1978.
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Mercado claims that the criminal complaint
The privilege continues to exist even after the disclosed confidential facts and information
termination of the attorney-client relationship. relating to the civil case for annulment handled
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(Mercado v. Vitriolo, A.C. No. 5108, 26 May 2005) by Vitriolo as her counsel. Did Atty. Julito
Vitriolo violate the rule on privileged
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NOTE: The privilege character of the communication between attorney and client?
communication ceases only when waived by the
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client himself or after his death, by his heir or legal A: NO. The evidence on record fails to substantiate
representative. (Lapeña Jr., 2009) Mercado’s allegations. She did not specify the
alleged communication in confidence disclosed by
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Instances when Communication is not Atty. Vitriolo. All of Mercado’s claims were couched
Privileged in general terms and lacked specificity. Without any
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testimony from Mercado as to the specific

A communication made by a client to a lawyer is not confidential information allegedly divulged by Atty.
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privileged in the following instances: Vitriolo without her consent, it is difficult, if not
impossible to determine if there was any violation
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1. after pleading has been filed because such of the rule on privileged communication. It is not
becomes part of public records; enough to merely assert the attorney-client
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2. when communication was intended by the privilege. The burden of proving that the privilege
client to be sent to a third person through his applies is placed upon the party asserting the
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counsel; privilege. (Mercado v. Vitrilio, A.C. No. 5108, 26 May

3. when the communication sought by client is 2005)
intended to aid future crime or perpetration of
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fraud; Q: Atty. Serafin Roto is the Corporate Secretary

4. when communication between attorney and of a construction corporation that has secured a
client is heard by a third party; multi-million infrastructure project from the
5. when there is consent or waiver of the client; government. In the course of his duties as
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2022 GOLDEN NOTES
corporate secretary, he learned from the would come from the chain of testimony
company president that the corporation had necessary to convict him. (Regala v.
resorted to bribery to secure the project and had Sandiganbayan, G.R. No. 105938, 20 Sept. 1996)
falsified records to cut implementing costs after
the award of the project. The government filed a Reasons why a Lawyer may not invoke
S.
civil action to annul the infrastructure contract Privileged Communication to refuse revealing a
and has subpoenaed Atty. Roto to testify against Client’s Identity
S,
the company president and the corporation
regarding the bribery. Atty. Roto moved to 1. Due process considerations require that the
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quash the subpoena, asserting that lawyer- opposing party should know their adversary;
client privilege prevents him from testifying 2. the privilege pertains to the subject matter of
against the president and the corporation. the relationship;
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Resolve the motion to quash. (2013 BAR) 3. the privilege begins to exist only after attorney-
client relationship has been established hence,
IN
A: The motion to quash should be granted. While it it does not attach until there is a client; and,
is true that being a corporate secretary does not 4. the court has a right to know that the client
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necessarily constitute a lawyer-client relation, Atty. whose privileged information is sought to be
Roto may nevertheless be considered in the practice protected is flesh and blood. (Regala v.
of law if part of his duties as a corporate secretary is Sandiganbayan, G.R. No. 105938, 20 Sept. 1996)
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to give legal advice to or prepare legal documents
for the corporation. Thus, it is his duty as an CONFLICT OF INTEREST
attorney “to maintain inviolate the confidence, and
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at every peril to himself, to preserve the secrets of RULE 15.01, CANON 15
his client. (Rule 138, Sec. 20(e), Rules of Court, as A lawyer, in conferring with a prospective
amended) client, shall ascertain as soon as practicable
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whether the matter would involve a conflict

Privileged Communication Rule, as to the client’s with another client or his own interest, and if
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identity so, shall forthwith inform the prospective

client.
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GR: A lawyer may not invoke privileged

communication to refuse revealing a client’s RULE 15.02, CANON 15
identity. (Regala v. Sandiganbayan, G.R. No. 105938, A lawyer shall be bound by the rule on
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20 Sept. 1996) privileged communication in respect of

matters disclosed to him by a prospective
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XPNs: client.
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A lawyer, however, may invoke privileged Purpose of “Conflict Search”

communication even if such would reveal his
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client’s identity under the following circumstances: By conducting a conflict search, the lawyer will be
able to determine, in the first instance, if he is barred
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1. when there is a strong possibility that revealing from accepting the representation through conflicts
the client’s name would implicate the client in with his present clients or the lawyer’s own interest.
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the activity for which he sought the lawyer’s (CPR Annotated, PhilJA)
advice;
2. when disclosure would open the client to civil
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liability; or,
3. when the government’s lawyers have no case
against an attorney’s client and revealing the
client’s name would furnish the only link that

Legal Ethics
Three (3) Tests to determine Existence of connection.

Conflict of Interest
2. Sequential or successive representation. It
1. Conflicting Duties. When, on behalf of one usually involves representation by a law firm of
client, it is the attorney’s duty to contest for that a present client who may have an interest
S.
which his duty to another client requires him to adverse to a prior or former client of the firm.
oppose or when possibility of such situation (CPR Annotated, PhilJA)
S,
will develop.
NOTE: What is material in determining whether
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2. Invitation of Suspicion. Whether the there is a conflict of interest in the representation is
acceptance of the new relation will prevent a probability, not certainty of conflict.
lawyer from the full discharge of his duty of
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undivided fidelity and loyalty to his client or (See discussion on disqualification or limitation of
will invite suspicion of unfaithfulness or public officials in practicing law, congruent-interest
IN
double-dealing in the performance thereof. representation conflict and adverse-interest conflict
– pages 26-27)
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3. Use of Prior Knowledge. Whether a lawyer
will be called upon in his new relation to use There is no conflict of interest in a situation where a
against the first client any knowledge acquired lawyer represents his present client against his
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in the previous employment. former client, so long as no confidential information
acquired during the previous employment was used
Types of Conflict of Interest against the former client by the lawyer. The
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prohibition does not cover a situation where the
1. Concurrent or multiple representations. It subject matter of the present engagement is totally
generally occurs when a lawyer represents unrelated to the previous engagement of the
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clients whose objectives are adverse to each attorney. Moreover, a mere allegation of the
other, no matter how slight or remote such professional misconduct would not suffice to
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adverse interest may be. establish the charge, because accusation is not
synonymous with guilt. (Seares, Jr. v. Atty. Gonzales-
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The tests for concurrent or multiple Alzate, A.C. No. 9058, 14 Nov. 2012)
representations are:
Illustration (Existence of Conflict of Interest):
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a. whether a lawyer is duty-bound to fight for

an issue or claim in behalf of one client and, 1. A v. B
S,
at the same time, to oppose that claim for A and B are present clients.
the other client;
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b. whether the acceptance of a new relation 2. C v. D; E v. D

would prevent the full discharge of the C is the present client and D is not a present
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lawyer’s duty of undivided fidelity or client in the same case but is a present client in
loyalty to the client; another case.
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c. whether the acceptance of new relation

would invite suspicion of unfaithfulness or 3. F v. G; H v. G
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double-dealing in the performance of the F is the present client and G was a former client
lawyer’s duty of undivided fidelity and and the cases are related.
loyalty; and,
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d. whether, in the acceptance of a new 4. I v. J; K v. J

relation, the lawyer would be called upon to I is the present client and J was a former client
use against a client confidential in a case that is unrelated.
information acquired through their
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2022 GOLDEN NOTES
5. L, M, N v. O, P, Q counsel-of-record of the adverse party. He does not

L, M, N are present clients but L and M joins O, have to publicly hold himself as the counsel of the
P, Q. (People v. Davis) adverse party, nor make his efforts to advance the
adverse party's conflicting interests of record—
Other Instances of Conflict of Interest although these circumstances are the most obvious
S.
and satisfactory proof of the charge. It is enough that
1. A corporate lawyer cannot join a labor union of the counsel of one party had a hand in the
S,
employees in that corporation. preparation of the pleading of the other party,
2. A lawyer of an insurance corporation who claiming adverse and conflicting interests with that
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investigated an accident cannot represent the of his original client. To require that he also be
complainant/injured person. counsel-of-record of the adverse party would
3. As a receiver of a corporation, he cannot punish only the most obvious form of deceit and
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represent the creditor. reward, with impunity, the highest form of
4. As a representative of the obligor, he cannot disloyalty. (Artueza v. Atty. Maderazo, A.C. No. 4354,
IN
represent the obligee. 22 Apr. 22, 2002)
5. As a lawyer representing a party in a
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compromise agreement, he cannot, Q: BPI and LSDC had a Joint Venture Agreement.
subsequently, be a lawyer representing another LSDC misrepresented itself to have ownership
client who seeks to nullify the agreement. over the lots sold and failed to deliver the title to
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6. A lawyer of a lawfirm cannot represent an the buyers. Atty. Deloria represented Menguito,
opposing party of a former client of another the President of LSDC, in a criminal case for
lawyer of the same lawfirm. (Anglo v. Atty. estafa filed by Spouses Corazon and Roberto
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Valencia et. al, A.C. No. 10567, 25 Feb. 2015,) Flores. Correspondingly, he filed a complaint for
delivery of title against BPI on behalf of Corazon
Law firms must organize and implement a Flores before the HLURB. Should Atty. Deloria be
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system to keep track of all cases assigned to its administratively liable?

handling lawyers.
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A: YES. Atty. Deloria violated Rules 15.01 and 15.03

It ensures that every engagement it accepts stands of Canon 15 when he simultaneously represented
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clear of any potential conflict of interest. As an Menguito and Corazon despite their conflicting
organization of individual lawyers which, engaged interests, considering that Corazon's estafa case
collectively, assigns legal work to a corresponding against Menguito was premised on the latter's and
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handling lawyer, it behooves the law firm to value LSDC's alleged misrepresentation of ownership
coordination in deference to the conflict-of-interest over the lots sold and LSDC's eventual failure to
S,
rule. deliver the title.

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Lack of coordination would render its clients’ Thus, Atty. Deloria's simultaneous representation of
secrets vulnerable to undue and even adverse Menguito and Corazon sans their written consent
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exposure, eroding in the balance the lawyer-client after a full disclosure of the facts, violated the rules
relationship’s primordial ideal of unimpaired trust on conflict of interest. (Buena Vista Properties v.
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and confidence. (Anglo v. Atty. Valencia et. al, A.C. No. Atty. Deloria, A.C. No. 12160, 14 Aug. 2018)
10567, 25 Feb. 2015)
EB
Q: Mr. X engaged the services of Atty. Y regarding

Being a counsel-of-record of the other party is his brother’s indebtedness to Caesar’s Palace, a
not a requisite to be guilty of representing casino in Las Vegas. His services were
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conflicting interests. reportedly contracted for ₱100,000. It appeared

that the debt was incurred by Ramon Sy, with Mr.
To be guilty of representing conflicting interests, a X's brother merely signing for the chits. Atty. Y
counsel-of-record of one party need not also be was able to free Mr. X's brother from his

Legal Ethics
indebtedness. Having thus settled the account of Q: Six months ago, Atty. Z was consulted by A,
Mr. X's brother, Atty. Y sent several demand about a four-door apartment in Manila left by
letters to Mr. X demanding the balance of her deceased parents. A complained that her
₱50,000.00 as attorney's fees. Mr. X refused to two siblings, B and C, who were occupying two
pay and claimed, that at the time Atty. Y was units of the apartment, were collecting the
S.
rendering his services to Mr. X, he was actually rentals from the other two units and refuses to
working "in the interest" and "to the advantage" give her any part thereof. Atty. Z advised A to
S,
of Caesar's Palace of which he was an agent and first seek the intervention of her relatives and
a consultant. This being the case, Atty. Y is not told her that if this failed, he would take legal
ES
justified in claiming that he rendered legal action as A asked him to do. B asks Atty. Z to
services to Mr. X in view of the conflicting defend him in a suit brought by A against him (B)
interests involved. Did Atty. Y violate the and C through another counsel. Should Atty. Z
C
conflict-of-interest rule? accept the case? (2002 BAR)
IN
A: NO. Generally, an attorney is prohibited from A: NO. When A consulted him about her complaint
representing parties with contending positions. against B and C, a lawyer-client relationship was
PR
However, at a certain stage of the controversy created between A and Atty. Z. Atty. Z cannot
before it reaches the court, a lawyer may represent subsequently represent B against A in a matter he
conflicting interests with the consent of the parties. was priorly consulted about. This constitutes
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A common representation may work to the conflict of interest. It does not matter if Atty. Z is not
advantage of said parties since a mutual lawyer, handling the case for A.
with honest motivations and impartially cognizant
EZ
of the parties' disparate positions, may be better Q: Should Atty. Z tell B that A consulted him
situated to work out an acceptable settlement of earlier about the same case? Why? (2002 BAR)
their differences, being free of partisan inclinations
-D
and acting with the cooperation and confidence of A: YES. Rule 21.07 of the CPR provides that "a
said parties. lawyer shall not reveal that he has been consulted
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about a particular case except to avoid possible

A lawyer is entitled to have and receive the just and conflict of interest.” In this case, owing to the
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reasonable compensation for services rendered at conflict of interest that might arise, Atty. Z has to
the special instance and request of his client and as inform B that he had been consulted by A regarding
long as he is honestly and in good faith trying to the very same issue that B was offering to retain his
G
serve and represent the interests of his client, the services for. Atty. Z should not accept to represent B
latter is bound to pay his just fees. (Dee v. Court of in the said case.
S,
Appeals, G.R. No. 77439, 24 Aug. 1989)

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Rule when the Lawyer of the Corporation and A lawyer shall not represent conflicting
the Board of Directors of such Corporation is the interests except by written consent of all
LL
same concerned given after a full disclosure of the

facts.
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The interest of the corporate client is paramount

and should not be influenced by any interest of the GR: An attorney cannot represent diverse interests.
EB
individual corporate officials. A lawyer engaged as It is highly improper to represent both sides of an
counsel for a corporation cannot represent issue. The proscription against representation of
members of the same corporation's Board of conflicting interest finds application where the
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Directors in a derivative suit brought against them. conflicting interest arise with respect to the same
To do so would be tantamount to representing general matter and is applicable however slight
conflicting interests which is prohibited by the CPR. such adverse interest may be. It applies although the
(Hornilla v. Atty. Salunat, A.C. No. 5804, 01 July 2003) attorney’s intention and motives were honest, and
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2022 GOLDEN NOTES
he acted in good faith. Effects of representing Adverse Interests

(Di-Ju-F-AC)
XPN: Representation of conflicting interest may be
allowed where the parties consent to the Representing adverse interests would produce the
representation after full disclosure of facts. (Nakpil following effects:
S.
v. Valdez, A.C. No. 2040, 04 Mar. 1998; Orola v. Atty.
Ramos, A.C. No. 9860; 11 Sept. 2013) 1. Disqualification as counsel of new client on
S,
petition of former client;
NOTE: A lawyer may at a certain stage of the 2. where such is unknown to, and becomes
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controversy and before it reaches the court prejudicial to the interests of the new client, a
represent conflicting interests with the express Judgment against such may, on that ground, be
written consent of all parties concerned given after set aside;
C
disclosure of the facts (Rule 15.03, CPR; Canon 6, 3. the attorney’s right to Fees may be defeated if
CPR). The disclosure should include an explanation found to be related to such conflict and such
IN
of the effects of the dual representation, such as the was objected to by the former client, or if there
possible revelation or use of confidential was a concealment and prejudice by reason of
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information. (Nakpil v. Valdez, A.C. No. 2040, 04 Mar., the attorney’s previous professional
1998; Orola v. Atty. Ramos, A.C. No. 9860; 11 Sept. relationship with the opposite party; and,
2013) 4. a lawyer can be held Administratively liable
ZA
through disciplinary action and may be held
An attorney owes loyalty to his client not only in Criminally liable for betrayal of trust.
cases in which he has represented him but also even
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after the attorney-client relationship has been Q: Huey Company and Dewey Corporation are
terminated. (Sumangil v. Romana, G.R. No. 25, 25 Oct. both retainer clients of Atty. Anama. He is the
1949) corporate secretary of Huey Company.
-D
Subsequently, he represents Dewey Corporation

The termination of attorney-client relationship in three pending litigation cases. Dewey
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provides no justification for a lawyer to represent Corporation wants to file a civil case against
an interest adverse to or in conflict with that of the Huey Company and has requested Atty. Anama
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former client. The client's confidence once reposed to handle the case. What are the options
should not be divested by mere expiration of available to Atty. Anama? Explain your answer.
professional employment. (Anglo v. Atty. Valencia et.
G
al, A.C. No. 10567, 25 Feb. 2015) A: The options available to Atty. Anama are:
S,
Instances when Lawyers cannot represent 1. to decline the case because to do so will
Conflicting Interest even if the Consent of both constitute representing conflicting
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Clients were secured interests. It is unethical for a lawyer to

represent a client in a case against another
LL
Lawyers cannot represent conflicting interest client in the same case; or,
despite securing the consent of both clients in cases
O
where the conflict is: 2. to accept to file the case against Huey
Company, after full disclosure to both
EB
1. between the attorney’s interest and that of a retained clients and upon their express and
client; or, written consent. The written consent may
2. between a private client’s interests and that of free him from the charge of representing
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the government or any of its instrumentalities. conflicting interests because written

consent amounts to a release by the clients
of the lawyer’s obligation not to represent
conflicting interests.

Legal Ethics
Q: If you were Atty. Anama, which option would former client on behalf of a new one. (Santos
you take? Explain. Ventura Hocorma Foundation, Inc. v. Atty. Funk. A.C.
No. 9094, 15 Aug. 2012)
A: If I were Atty. Anama, I will choose the first option
and inhibit myself in accepting the case as both Q: R is a retained counsel of ABC Bank-Ermita
S.
entities are my clients. The conflict of interest Branch. One day, his Balikbayan compadre B,
between the contending clients may reach such a consulted him about his unclaimed deposits
S,
point that, notwithstanding their consent to the with the said branch of ABC Bank, which the
common representation, the lawyer may be bank had refused to give to him claiming that the
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suspected of disloyalty by one of the clients. His account had become dormant. R agreed to file a
continuing to act in a double capacity strikes deeply case against the bank with the Regional Trial
in the foundation of the attorney-client relationship. Court (RTC) of Manila. B lost the case, but upon
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the advice of R, he no longer appealed the
Q: Hocorma Foundation filed a complaint for decision. B later discovered that R was the
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disbarment against Atty. Funk who used to work retained counsel of ABC Bank-Ermita Branch.
as corporate secretary, counsel, chief executive Does B have any remedy? Discuss the legal and
PR
officer, and trustee of the foundation. He also ethical implications of the problem. (2014 BAR)
served as its counsel in several criminal and civil
cases. Complainant alleged that Atty. Funk filed A: Atty. R clearly violated the rule against
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an action for quieting of title and damages representing conflicting interests (Rule 15.03, CPR).
against Hocorma on behalf of Mabalacat B may file an action to set aside the judgment on the
Institute using information he acquired while theory that if a lawyer is disqualified from
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working with the foundation. As a defense, Atty. appearing as counsel for a party on account of
Funk contended that he was hired by Don Santos conflict of interests, he is presumed to have
to serve as director and legal counsel. He improperly and prejudicially advised and
-D
emphasized that, in all these, the attorney-client represented the party in the conduct of the litigation
relationship was always between Santos and from beginning to end. He may also file an action for
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him. He was more of Santos’ personal lawyer damages against Atty. R, aside from an
than that as lawyer of Hocorma Foundation. Did administrative complaint due to his misconduct.
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Atty. Funk betray the trust and confidence of a

former client? Q: Mabini Colleges, Inc. (complainant), had a
Board of Trustees which was divided into two
G
A: YES. An attorney owes his client undivided opposing factions (Adeva Group and Lukban
allegiance. An attorney may not, without being Group). The Adeva Group issued an
S,
guilty of professional misconduct, act as counsel for unnumbered Board Resolution which
a person whose interest conflicts with that of his authorized its members to apply for a loan with
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present or former client. the Rural Bank of Paracale (RBP) in favor of the
complainant. The Lukban Group opposed this.
LL
This rule is so absolute that good faith and honest However, Atty. Pajarillo (respondent), acting as
intention on the erring lawyer’s part does not make complainant’s corporate secretary, sent a letter
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it inoperative. The primordial reason for this is that to RBP to assure them of complainant's financial
a lawyer acquires knowledge of his former client’s capacity to pay the loan. RBP eventually granted
EB
doings, whether documented or not, that he would the loan application which was secured by a Real
ordinarily not have acquired were it not for the trust Estate Mortgage over the properties of the
and confidence that his client placed on him in the complainant.
R
light of their relationship. It would simply be

impossible for the lawyer to identify and erase such Three (3) years after, RBP moved to foreclose
entrusted knowledge with faultless precision or the Real Estate Mortgage. Complainant filed a
lock the same into an iron box when suing the complaint for Annulment of Mortgage with a
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2022 GOLDEN NOTES
Prayer for Preliminary Injunction against RBP. the same case. His previous appearances for and in
Respondent entered his appearance as counsel behalf of the Heirs of Antonio would constitute
for RBP. Is Atty. Pajarillo guilty of representing representing conflicting interest even if was only a
conflicting interests when he entered his friendly accommodation.
appearance as counsel for RBP?
S.
His contention cannot be given any credence since
A: YES. Indeed, respondent represented conflicting the rule holds that even if the inconsistency is
S,
interests in violation of Canon 15, Rule 15.03 of the remote or merely probable or even if the lawyer has
CPR which provides that “a lawyer shall not acted in good faith and with no intention to
ES
represent conflicting interests except by written represent conflicting interests, he shall be held
consent of all concerned given after a full disclosure liable. Neither can his asseveration that his
of the facts.” engagement by Emilio was more of a mediator than
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a litigator and for the purpose of forging a
Clearly, complainant was respondent's former settlement among the family members render the
IN
client. However, respondent now appears as rule inoperative.
counsel of RBP in a case filed by his former client
PR
against the latter. This makes respondent guilty of In fact, Rule 15.04, Canon 15 of the Code similarly
representing conflicting interests since respondent requires the lawyer to obtain the written consent of
failed to show any written consent of all concerned all concerned before he may act as mediator,
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(particularly the complainant) given after a full conciliator or arbitrator in settling disputes. Atty.
disclosure of the facts representing conflicting Ramos was remiss in his duty to make a full
interests. (Mabini Colleges, Inc. v. Atty. Pajarillo, A.C. disclosure of his impending engagement as Emilio’s
EZ
No. 10687, 22 July 2015) counsel to all the Heirs of Antonio and equally
secure their express written consent before
RULE 15.04, CANON 15 consummating the same. Besides, it must be pointed
-D
A lawyer may, with the written consent of all out that a lawyer who acts as such in settling a
concerned, act as mediator, conciliator or dispute cannot represent any of the parties to it.
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arbitrator in setting the disputes. (Orola v. Atty. Ramos, A.C. No. 9860; 11 Sept. 2013)
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Q: Atty. Ramos was a collaborating counsel for CANDID AND HONEST ADVICE TO CLIENTS
Heirs of Antonio Orola in seeking the removal of
Emilio as administrator. Subsequently, he RULE 15.05, CANON 15
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entered his appearance as collaborating counsel A lawyer when advising his client, shall give a
for Emilio to seek his reinstatement as candid and honest opinion on the merits and
S,
administrator. In this case, he was able to secure probable results of the client’s case, neither
consent of some of the Heirs of Antonio. overstating nor understating the prospects of
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the case.
However, the other Heirs of Antonio filed a
LL
disbarment complaint against him. Atty. Ramos Q: Consorcia Rollon engaged the services of Atty.
contended that he had no knowledge of the fact Naraval in a case for collection of sum of money
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that the late Antonio had other heirs and filed against her. After going over the documents
asserted that no information was disclosed to she brought with her, Atty. Naraval agreed to be
EB
him by Maricar, one of the heirs. He clarified that her lawyer and she was required to pay
his representation for Emilio in the subject case ₱8,000.00 for the filing and as a partial service
was more of a mediator, rather than a litigator. fee. Atty. Naraval did not inform her that the said
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WIs the contention of Atty. Ramos valid? civil suit has been decided against her and which
judgment has long become final and executory.
A: NO. There is an absolute prohibition from
representation with respect to opposing parties in Atty. Naraval was not able to act on the case.

Legal Ethics
Because of this, Rollon wanted to withdraw the Q: In a case for inhibition filed against Judge
amount she has paid and to retrieve the Paas, it was found that her husband, Atty.
documents pertaining to said case. Renerio Paas, was using his wife's office as his
Unfortunately, despite several follow-ups, Atty. office address in his law practice. Judge Paas
Naraval always said that he cannot return the admitted that Atty. Paas did use her office as his
S.
documents because they were in their house, return address for notices and orders in two
and that he could not give her back the criminal cases, lodged at the Pasay City RTC, but
S,
₱8,000.00 because he has no money. Did Atty. only to ensure and facilitate delivery of those
Naraval fail to fulfill his undertakings? notices. According to him, upon the termination
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of the two abovementioned criminal cases, all
A: YES. Despite his full knowledge of the finality of notices were thereafter sent to his office address
judgment on the case, based on the documents in Escolta. Was Atty. Paas’ act of using his wife’s
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furnished to him, Atty. Naraval withheld such vital office as his office address unprofessional and
information and did not properly apprise Rollon. He dishonorable?
IN
should have given her a candid and honest opinion
on the merits and the status of the case, but he A: YES. By allowing Atty. Paas to use the address of
PR
withheld such vital information. He did not inform her court in pleadings before other courts, Judge
her about the finality of the adverse judgment. Paas had indeed allowed her husband to ride on her
Instead, he demanded an amout of prestige for the purpose of advancing his private
ZA
₱8,000.00 as “filing and service fee” and thereby interest.
gave her hope that her case would be acted upon.
Atty. Paas is guilty of simple misconduct for using a
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Rule 15.05 of the CPR requires that lawyers give fraudulent, misleading, and deceptive address that
their candid and best opinion to their clients on the had no purpose other than to try to impress either
merit or lack of merit of the case, neither overstating the court in which his cases are lodged, or his client,
-D
nor understating their evaluation thereof. Knowing that he has close ties to a member of the judiciary,
whether a case would have some prospect of thereby violating the CPR. The need for relying on
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success is not only a function, but also an obligation the merits of a lawyer's case, instead of banking on
on the part of lawyers. If they find that their client's his relationship with a member of the bench which
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cause is defenseless, then it is their bounden duty to tends to influence or gives the appearance of
advise the latter to acquiesce and submit, rather influencing the court, cannot be overemphasized. It
than to traverse the incontrovertible. (Rollon v. is unprofessional and dishonorable, to say the least,
G
Naraval, A.C. No. 6424, 04 Mar. 2005) to misuse a public office to enhance a lawyer's
prestige. Public confidence in law and lawyers may
S,
RULE 15.06, CANON 15 be eroded by such reprehensible and improper

A lawyer shall not state or imply that he is able conduct. (Paas v. Almarvez, A.M. No. P-03-1690, 04
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to influence any public official, tribunal or Apr. 2003)

legislative body.
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Influence-Peddling A lawyer shall impress upon his client
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compliance with the laws and the principles of

It is improper for a lawyer to show in any way that fairness.
EB
he has connections and can influence any tribunal

or public official, judges, prosecutors, congressmen Q: Maria Cielo Suzuki entered into contracts of
and others, especially so if the purpose is to enhance sale and real estate mortgage with several
R
his legal standing and to entrench the confidence of persons. The sale and mortgage transactions
the client that his case or cases are assured of were facilitated by Atty. Erwin Tiamson, counsel
victory. (Agpalo, 2009) of the sellers. Suzuki paid ₱80,000 as her share
in the expenses for registration. He retained in
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2022 GOLDEN NOTES
his possession the subject deeds of absolute sale “a lawyer shall not counsel or abet activities aimed
and mortgage and the owner's copy of the title. at defiance of the law or at lessening confidence in
However, he never registered the said the legal system.” Rule 15.07, on the other hand,
documents and did not cause the transfer of the states that “a lawyer shall impress upon his client
title over the subject property in the name of compliance with the laws and the principles of
S.
Suzuki. Atty. Tiamson said that he did not fairness.”
register the deed of sale to protect the interest
S,
of his client and if the same has been registered, Atty. Mendoza’s improper advice only lessens the
he cannot give him the owner's duplicate copy confidence of the public in our legal system. Judges
ES
until purchase price for the subject property has must be free to judge, without pressure or influence
been fully paid and the real estate mortgage from external forces or factors according to the
cancelled. Is Atty. Tiamson justified in not merits of a case. Atty. Mendoza’s careless remark is
C
registering the transaction? uncalled for. (Areola v. Atty. Mendoza, A.C. No. 10135,
15 Jan. 2014)
IN
A: NO. Rule 15.07 obliges lawyers to impress upon
their client’s compliance with the laws and the CONCURRENT PRACTICE OF ANOTHER
PR
principle of fairness. To permit lawyers to resort to PROFESSION
unscrupulous practices for the protection of the
supposed rights of their clients is to defeat one of RULE 15.08, CANON 15
ZA
the purposes of the State, the administration of A lawyer who is engaged in another profession
justice. While lawyers owe their entire devotion to or occupation concurrently with the practice
the interest of their clients and zeal in the defense of of law shall make clear to his client whether he
EZ
their client's right, they should not forget that they is acting as a lawyer or in another capacity.
are, first and foremost, officers of the court, bound
to exert every effort to assist in the speedy and This rule is intended to avoid confusion; it is for the
-D
efficient administration of justice. The client's benefit of both the client and the lawyer. (Funa,
interest is amply protected by the real estate 2009)
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mortgage executed by complainant. Thus, Atty.

Tiamson failed to live up to this expectation. (Suzuki The lawyer should inform the client when he is
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v. Tiamson, A.C. No. 6542, 30 Sept. 2005) acting as a lawyer and when he is not, as certain
ethical considerations governing the client-lawyer
Q: Areola alleged that during Prisoners’ Week, relationship may be operative in one case and not in
G
Atty. Mendoza visited the Antipolo City Jail and the other. (IBP Committee Report)
called all detainees with pending cases before
S,
the RTC where she was assigned, to attend her A party’s engagement of his counsel in another
speech/lecture. Areola claimed that Atty. capacity concurrent with the practice of law is not
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Mendoza stated the following during her prohibited, so long as the roles being assumed by
speech: “Kayong mga detenidong mga babae na such counsel is made clear to the client. (New
LL
no bail ang kaso sa drugs, iyak-iyakan lang ninyo Sampaguita Builder Construction, Inc. v. Philippine
si Judge Martin at palalayain na kayo. Malambot National Bank, G.R. No. 148753, 30 July 2004)
O
ang puso noon.” Did Atty. Mendoza commit any

unethical act?
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A: YES. Atty. Mendoza made it appear that the judge

is easily moved if a party resorts to dramatic antics
R
such as begging and crying in order for their cases

to be dismissed. Atty. Mendoza made irresponsible
advices to her clients in violation of Rules 1.02 and
15.07 of the CPR. It is the mandate of Rule 1.02 that

Legal Ethics
CLIENT’S MONEY AND PROPERTIES Guzman?
CANON 16 A: YES. He is guilty of gross misconduct. Where a

A lawyer shall hold in trust all moneys and client gives money to his lawyer for a specific
properties of his client that may come into his purpose, such as to file an action or appeal an
S.
possession. adverse judgment, the lawyer should, upon failure
to take such step and spend the money for it,
Money collected by the lawyer on a judgment
S,
immediately return the money to his client. His
favorable to his client constitutes trust funds and
unjustified withholding of Luis’ money is a gross
should be immediately paid over to the client.
ES
violation of the general morality and professional
(Palencia v. Linsangan, A.C. No. 10557, 10 July 2018)
ethics. (De Guzman v. Atty. Emmanuel Basa, A.C. No.
While Sec. 37, Rule 138 of the Rules of Court grants
5554, 29 June 2004)
the lawyer a lien upon the funds, documents and
C
papers of his client, which have lawfully come into
Q: Complainants engaged the services of
IN
his possession, such that he may retain the same
respondent to facilitate the transfer of title in
until his lawful fees and disbursements have been
the name of Isabel Azcarraga Marcaida, to
PR
paid, and apply such funds to the satisfaction
complainants. Complainants then gave
thereof, the lawyer still has the responsibility to
respondent a check for ₱68,250.00 for the
promptly account to his client for such moneys
payment of transfer taxes. They also gave
received. Failure to do so constitutes professional
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respondent a check for ₱13,800.00 for
misconduct. (Tanhueco v. De Dumo, A.M. No. 1437, 25
respondent’s professional fee. Respondent
Apr. 1989)
failed to produce the title despite complainants’
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repeated follow-ups. Several letters were sent
The lawyer’s failure to turn over such funds,
by respondent explaining the delay in the
moneys, or properties to the client despite the
transfer of title. However, respondent still failed
-D
latter’s demands would give rise to the presumption

to produce the title. Is the respondent guilty of
that the lawyer had converted the money for his
violating Canon 16 of the CPR for failing to hold
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personal use and benefit. This failure also renders

in trust the money of his clients?
the lawyer vulnerable to judicial contempt under
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Sec. 25, Rule 138 of the Rules of Court. (CPR

A: YES. It has been said that the practice of law is a
Annotated, PhilJA)
privilege bestowed on lawyers who meet the high
standards of legal proficiency and morality. Any
G
Q: An adverse judgment was rendered in a civil

conduct that shows a violation of the norms and
case against Luis de Guzman. His counsel was
values of the legal profession exposes the lawyer to
Atty. Emmanuel Basa and he wanted to
S,
administrative liability. Respondent’s assertion of a

challenge the decision through a Petition for
valid lawyer’s lien is also untenable. Respondent did
Certiorari before the Court of Appeals. It was
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not satisfy all the elements of a valid retaining lien.

agreed that Luis will pay ₱15,000 for said legal
He did not present evidence as to an unsatisfied
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service. Atty. Basa collected a down payment of

claim for attorney’s fees. The enumeration of cases
₱5,000. However, he did not seasonably file with
he worked on for complainants remains
the CA the required appellant’s brief resulting in
O
unsubstantiated. When there is no unsatisfied claim

the dismissal of the appeal. Despite several
for attorney’s fees, lawyers cannot validly retain
EB
extensions to file the appellant’s brief, Atty. Basa

their client’s funds or properties. Furthermore,
failed to do so. Instead, he filed two more
assuming that respondent had proven all the
motions for extension. When he filed the
requisites for a valid retaining lien, he cannot
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appellant’s brief, it was beyond the last

appropriate for himself his client’s funds without
extension granted by the appellate court. Was
the proper accounting and notice to the client. The
Atty. Emmanuel Basa negligent in the
rule is that when there is “a disagreement, or when
performance of his professional duty to Luis de
the client disputes the amount claimed by the
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2022 GOLDEN NOTES
lawyer, the lawyer should not arbitrarily apply the instances where the property is still the subject of
funds in his possession to the payment of his fees.” the litigation. The prohibition does not apply to
(Sps. San Pedro v. Atty. Mendoza, A.C. No. 5440, 10 instances, such as in the problem, where the
Dec. 2014) conveyance takes place after the judgment because
the property can no longer be said to be the “subject
S.
Prohibition of a Lawyer acquiring client’s of litigation.” (Director of Lands v. Ababa, G.R. No. L-
property 26096, 27 Feb. 1979)
S,
Pursuant to Canon 16 of the CPR. FIDUCIARY RELATIONSHIP
ES
Furthermore, Article 1491 of the Civil Code states RULE 16.01, CANON 16
that: A lawyer shall account for all money or
C
property collected or received for or from the
The following persons cannot acquire client.
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or purchase, even at public or judicial
auction, either in person or through the A lawyer must be careful in handling money
PR
mediation of another: entrusted to him in his professional capacity,
xxx because of the high degree of fidelity and good faith
expected on his part. (Medina v. Bautista, A.C. No.
ZA
(5) lawyers, with respect to the property 190, 26 Sept. 1964)
and rights which may be the object of any
litigation in which they take part by virtue Lawyer’s inexcusable act of withholding the
EZ
of their profession.” property of client and imposing unwarranted fees in
exchange for release of documents deserve the
NOTE: This prohibition is entirely independent of imposition of disciplinary action. (Miranda v. Carpio,
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fraud and such need not be alleged or proven. Art. A.C. No. 6281, 26 Sept. 2011)
1491 (5) of the NCC applies only if the sale or
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assignment of the property takes place during the Q: Sorongon, Jr. engaged the legal services of
pendency of the litigation involving the client’s Atty. Gargantos, Sr. Under their agreement,
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property. (Ramos v. Ngaseo, A.C. No. 6210, 09 Dec. Sorongo was to pay the latter ₱200,000.00,
2004) covering all fees until the resolution of the cases.
They further argued that if there would be court
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Q: In an action to prevent the condominium hearings outside of Quezon City, the

developer from building beyond ten (10) floors, complainant would provide the respondent’s
S,
Judge Cerdo rendered judgment in favor of the plane tickets, meals, and hotel accommodation,
defendant developer. The judgment became but, should the hearing be at the Sandiganbayan,
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final after the plaintiffs failed to appeal on time. they would just meet in the court. They
Judge Cerdo and Atty. Cocodrilo, counsel for the eventually had scheduled hearings at
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developer, thereafter separately purchased a Sandiganbayan.

condominium unit each from the developer. Did
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Judge Cerdo and Atty. Cocodrilo commit any act Despite their prior agreement, Atty. Gargantos,
of impropriety or violate any law for which they Sr. demanded pocket money from Sorongon
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should be held liable or sanctioned? (2013 BAR) otherwise, he would resign. Failing to deliver
the said pocket money, Atty. Gargantos, Sr.
A: NO. The prohibition imposed by the Civil Code, abandoned Sorongon right before the scheduled
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Art. 1491(3), prohibiting judges and attorneys, and hearing. Further, he failed to return the
that contained in the Canons of Professional Ethics, documents relative to Sorongon’s case despite
Canon 10, with regard to purchase of any interest in repeated demands. Now, Atty. Gargantos, Sr.
the subject matter of litigation both refer only to alleges that should he be found guilty, he is

Legal Ethics
already of old-age, being 82 years old; hence, his NOTE: The principle that “an attorney derives no
penalty should be mitigated. Will his contention undue advantage that may operate to the prejudice
prosper? or cause an occasion for loss of a client” refers to
fiduciary duty. The relationship between the lawyer
A: YES. Atty. Gargantos, Sr. failed to return, despite and the client is one of mutual trust and confidence
S.
demand, the documents relative to the case after he of the highest degree. (Maturan v. Gonzales, A.C. No.
withdrew as his counsel. This is in violation of Rule 2597, 12 Mar. 1998)
S,
16.01, Canon 16 of the CPR. Moreover, despite his
legal services having been allegedly paid in the Q: Gabriel engaged the services of Atty. Reyes in
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amount of ₱200,000, which was agreed to cover all handling his case. Atty. Reyes required the
fees until the resolution of the case, he abandoned payment of an acceptance fee of ₱10,000,
his client when the latter did not give him “pocket appearance fee of ₱2,500 per hearing, and 15%
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money” he had demanded. of whatever amount collected from the case as
success fee. After paying the acceptance fee,
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Nevertheless, the Court in several cases, in Gabriel requested for updates regarding the
determining or tempering the penalty to be case from Atty. Reyes but was advised that he
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imposed, has considered mitigating factors, such as would first file a Notice of Entry of Appearance.
Atty. Gargantos’ advanced age, health, humanitarian Upon discovering that Atty. Reyes had not filed
and equitable considerations, as well as whether the such in relation to his case, he again asked for
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act complained of was his first infraction. In this updates from him but did not receive any
case, in view of the advanced age of Atty. Gargantos, response to his calls and text messages. Gabriel
and the fact that this is his first offense, he is then wrote another letter to Atty. Reyes
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suspended from the practice of law for six (6) demanding him to return the acceptance fee and
months. (Pelagio Sorongan, Jr. v. Atty. Ramon all the documents he sent pertaining to his case.
Gargantos, Sr., A.C. No. 11326, 27 June 2018, J. Because of Atty. Reyes’ continued failure to
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Caguioa) update Gabriel about the case and failure to

render any service, Gabriel filed a complaint
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Q: X sought assistance to the President of the IBP before the Commission on Bar Discipline of the
to enable him to talk to Atty. U who had allegedly Integrated Bar of the Philippines (CBD-IBP),
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been avoiding him for more than a year. Atty. U praying that Atty. Reyes be disciplined and
failed to turn–over to his client the amount given disbarred from the practice of law. Did Atty.
to him by X as settlement for a civil case. Is Atty. Reyes violate the Code of Professional
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U guilty for violating Canon 16 of the CPR? Responsibility?

S,
A: YES. The CPR mandates every lawyer to hold in A: YES. Atty. Reyes’ refusal to return Gabriel’s
trust all money and properties of his client that may money upon demand and his failure to respond to
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come into his possession. A lawyer’s failure to Gabriel’s calls, text messages, and letters asking for
return upon demand the funds or property held by a status update on the case filed before the DOJ
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him on behalf of his client gives rise to the reveal Atty. Reyes’ failure to live up to his duties as
presumption that he has appropriated the same for a lawyer in consonance with the structures of his
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his own use to the prejudice of and in violation of Oath and the Code of Professional Responsibility
the trust reposed in him by his client. The relation (CPR).
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between attorney and client is highly fiduciary in

nature. Being such, it requires utmost good faith, The acts committed by Atty. Reyes fall squarely
loyalty, fidelity and disinterestedness on the part of within the prohibition of Rule 16.01 of Canon 16 of
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the attorney. Its fiduciary nature is intended for the the CPR. Under this rule, a lawyer is required to
protection of the client. (Espiritu v. Atty. Ulep, A.C. No. account for all money or property collected or
5808, 04 May 2005) received for or from his client. After receiving the
amount of ₱10,000 as acceptance fee, Atty. Reyes
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2022 GOLDEN NOTES
failed to render any legal service in relation to the Criminal Liability of Lawyers
case. Despite Gabriel’s repeated follow-ups, Atty.
Reyes unjustifiably failed to update his client of the A lawyer may be held criminally liable if he commits
status of the case and to return to him the any of the following:
documents the latter gave him in connection with
S.
the case pending before the DOJ. (Martin J. Sioson v. 1. He causes prejudice to the client thru malicious
Atty. Dionisio B. Apoya, Jr., A.C. No. 12044, 23 July breach of professional duty or through
S,
2018, J. Caguioa) inexcusable negligence or ignorance.
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Instances when Civil Liability of Lawyers arises 2. He reveals his client’s secrets learned in his
professional capacity through malicious breach
The civil liability of lawyers arises when: of professional duty or inexcusable negligence
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or ignorance.
1. the client is prejudiced by lawyer's negligence
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or misconduct; 3. A lawyer who has undertaken the defense of a
2. there is breach of fiduciary obligation; client or has received confidential information
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3. there is civil liability to third persons; from said client in a case may be criminally
4. there are libelous words in pleadings; liable for undertaking defense of opposing
5. there is a violation of communication privilege; party in same cause without consent of first
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and, client. (Art. 209, RPC)
6. there is liability for costs of suit (Treble Costs),
where a lawyer is made liable for insisting on 4. A lawyer who shall knowingly introduce in
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client's patently unmeritorious case or evidence in any judicial proceeding or to the
interposing appeal merely to delay litigation. damage of another or who, with intent to cause
such damage, shall use any false document may
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Remedy of the Client be held criminally liable therefore. (Art. 172,

RPC)
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Recover property from lawyer, together with its

fruits, subject to client’s returning to his lawyer the 5. A lawyer who appropriates his client’s funds
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purchase price thereof and the legal interests may be held liable for estafa.
thereon. (Sotto v. Samson, G.R. No. 16917, 31 July
1962) NOTE: When a lawyer collects or receives money
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from his client for a particular purpose, he should

Exemption from Liability promptly account to the client how the money was
S,
spent. His failure either to render an accounting or

A lawyer is exempted from liability for slander, libel to return the money (if the intended purpose of the
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or for words otherwise defamatory, published in the money does not materialize) constitutes a blatant
course of judicial proceedings, provided the disregard of Rule 16.01 of the CPR. (Belleza v.
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statements are connected with, relevant, pertinent, Malaca, A.C. No. 7815, 23 July 2009)
and material to the cause in hand or subject of
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inquiry. (Tolentino v. Baylosis, G.R. No. L-15742, 31 Costs of Suit

Jan. 1961)
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GR: The losing client, and not the lawyer, is liable for
NOTE: Under the Test of Relevancy, the matter to costs of suit in favor of prevailing party, the lawyer
which the privilege does not extend must be not being a party-litigant. (Agpalo, 2009)
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palpably wanting in relation to the subject of

controversy, that no reasonable man can doubt its XPN: Where the lawyer insisted on a client’s
relevancy or propriety. (Uy v. Depasucat, A.C. No. patently unmeritorious case or interposed an
5332, 29 July 2003) appeal to delay litigation or thwart prompt

Legal Ethics
satisfaction of prevailing party’s just and valid claim, Additionally, Atty. B frequently borrowed
the court may adjudge lawyer to pay treble costs of money from A. Atty. B issued postdated checks
suit. (Agpalo, 2009) as security for the borrowed money. However,
these were subsequently dishonored. Is Atty. A
CO-MINGLING OF FUNDS liable for violating the Code of Professional
S.
Responsibility?
S,
A lawyer shall keep the funds of each client A: YES. Respondent violated Canon 16 when she
separate and apart from his own and those of obtained loans from a client. In this instant case,
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others kept by him. there is no dispute that the respondent obtained
several loans from the complainant after they
Failure of the lawyer to account all the funds and established a lawyer-client relationship, and before
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property of his client which may come into his they terminated the same. (Aurora Aguilar-
possession would amount to misappropriation Dyquiangco v. Atty. Diana Lynn M. Arellano, A.C. No.
IN
which may subject him to disbarment on the ground 10541, 12 July 2016, J. Caguioa)
of grave misconduct or a criminal prosecution for
PR
estafa under Art. 315(1b) of the RPC. RULE 16.03, CANON 16
A lawyer shall deliver the funds and property
Q: BPI filed two complaints for replevin and of his client when due or upon demand.
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damages against Esphar Medical Center Inc. and However, he shall have a lien over the funds
its President Cesar Espiritu. Espiritu engaged and may apply so much thereof as may be
the services of Atty. Juan Cabredo IV. While these necessary to satisfy his lawful fees and
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cases were pending, the latter advised Esphar to disbursements, giving notice promptly
remit money and update payments to the bank thereafter to his client. He shall also have a lien
through the trial court. Accordingly, Esphar's to the same extent on all judgments and
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representative delivered a total of ₱51,161.00 to executions he has secured for his client as
Atty. Cabredo's office. However, the provided for in the Rules of Court.
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management of Esphar found out that he did not

deliver the said money to the court or to the Counsel cannot unilaterally retain as a lawyer’s
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bank. Did Atty. Caredo commit a breach of trust? lien the property of his client.
A: YES. His act amounted to deceit in violation of his A counsel has no right to retain or appropriate
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oath. The relationship between a lawyer and a client unilaterally as lawyer’s lien any amount belonging
is highly fiduciary; it requires a high degree of to his client which may come into his possession.
S,
fidelity and good faith. Hence, in dealing with trust (Cabigao v. Rodrigo, 57 Phil. 20)
property, a lawyer should be very scrupulous.
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Money or other trust property of the client coming NOTE: While this rule provides that the lawyer has
into the possession of the lawyer should be reported the right to retain the funds of his client as may be
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by the latter and account any circumstances, and necessary to satisfy his lawful fees and
should not be commingled with his own or be used disbursements known as attorney’s lien and his lien
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by him. (Espiritu v. Cabredo IV, A.C. No. 5831, 13 Jan. to the same extent on all judgments and executions
2003) he has secured for his client called charging lien, he
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is still duty bound to render an accounting of his

Q: A engaged the services of Atty. B for a case of client’s funds and property which may come into his
collection of sum of money. A advanced the filing possession in the course of his professional
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fees and part of the attorney’s fees. However, employment In the application of attorney’s lien, a
Atty. B failed to file the case. Upon discovery of A, lawyer shall give notice to his client otherwise, the
she demanded the return of the advanced fees same might be construed as misappropriation
from Atty. B, but the latter refused to do so. which may subject him to disciplinary action.
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2022 GOLDEN NOTES
(Antiquiera, 2007) intending to honor his word to secure the U.S.

tourist visas that he promised to get for them
Q: Fernandez engaged the services of Atty. constitutes a breach of his professional
Cabrera II to handle the cases of her associates responsibility. Rule 16.03 of the CPR provides that a
in Baguio City. After taking hold of the records of lawyer shall deliver the funds and property of his
S.
the cases that Fernandez entrusted to him and client when due or upon demand. By mismanaging
after getting initially paid for the services he the fund of his client and failure to return the money
S,
would render, Atty. Cabrera II suddenly intended for securing U.S. visas, Atty. Estebal failed
disappeared and could no longer be located in to observe honesty and good faith in his dealings
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his given address or in the addresses that with them. (Campos, Jr., Atty. Estebal, A.C. No. 10443,
Fernandez gathered. Did Atty. Cabrera II violate 08 Aug. 2016)
the CPR when he accepted the records and
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money of the complainant and thereafter failed Q: Soliman engaged the services of Atty. Amboy
to render his services? in connection with a partition case. No case was
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filed as the other co-owners were amenable to
A: YES. Acceptance of money from a client the partition. Instead, Atty. Amboy just
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establishes an attorney-client relationship and gives facilitated the issuance of the titles to the said
rise to the duty of fidelity to the client's cause. The property. Atty. Amboy then told Soliman that
Canons of Professional Responsibility require that someone from the Register of Deeds can help
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once an attorney agrees to handle a case, he should expedite the issuance of the titles for a fee of
undertake the task with zeal, care, and utmost ₱50,000.00. The said amount was deposited by
devotion. Soliman to Atty. Amboy’s bank account as
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payment for the latter’s contact. However, Atty.
Atty. Cabrera’s action projects his appalling Amboy failed to deliver the respective
indifference to his client's cause and a brazen certificates of title. Soliman claimed that Atty.
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disregard of his duties as a lawyer. Not only did he Amboy thereafter refused to release the
fail to render service of any kind, he also absconded pertinent documents she gave to her for the
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with the records of the cases with which he was processing of the titles to the property as well as
entrusted. Then to top it all, he kept the money to give back the ₱50,000.00 that was already
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complainant paid to him. Such conduct is paid to her. Did Atty. Amboy violate the CPR?
unbecoming of a member of the bar, for a lawyer's
professional and personal conduct must at all times A: YES, Atty. Amboy violated the CPR. Upon inquiry,
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be kept beyond reproach and above suspicion. the supposed contact denied having received any
(Fernandez v. Atty. Cabrera II, A.C. No. 5623, 11 Dec. amount from Atty. Amboy. In not returning the
S,
2003) money to Soliman after a demand therefor was

made following her failure to procure the issuance
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Q: Campos engaged the services of Atty. Estebal of the certificates of title, Atty. Amboy violated
in securing tourist visas to the United States. Canon 16, particularly Rule 16.03 thereof, which
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Campos paid a total of ₱345,000; however, Atty. requires that a lawyer shall deliver the funds and
Estebal failed to apply or secure for him the U.S. property of his client upon demand. A lawyer’s
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tourist visa that he promised. Thus, he failure to return upon demand the funds held by him
demanded for the return of his money. For on behalf of his client gives rise to the presumption
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failure to return his money, Campos instituted that he has appropriated the same for his own use
an administrative case against Atty. Estebal. Will in violation of the trust reposed in him by his client.
the case prosper? (Soliman v. Amboy, A.C. No. 10568, 13 Jan. 2015)
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A: YES it will prosper. There is hardly any doubt that

Atty. Estebal’s act of receiving such substantial sum
of money from complainants without in the least

Legal Ethics
RULE 16.04, CANON 16 backed out from the sale and filed a case against
A lawyer shall not borrow money from his Frias for the return of the purchase price. Frias
client unless the client's interest are fully claimed that her failure to return the money was
protected by the nature of the case or by because of Atty. Lozada’s refusal to give back
independent advice. Neither shall a lawyer the ₱1,000,000.00 she took as commission. A
S.
lend money to a client except, when in the case was filed by Frias against Atty. Lozada but
interest of justice, he has to advance necessary despite the favorable decision, Atty. Lozada
S,
expenses in a legal matter he is handling for refused to return the money.
the client.
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Atty. Lozada claimed that since she did not have
A lawyer who takes advantage of his client’s enough money, Frias requested her to sell or
financial plight to acquire the latter’s properties for mortgage the property and offered her a loan,
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his own benefit is destructive of the confidence of commission and attorney’s fees on the basis of
the public in the fidelity, honesty and integrity of the the selling price. Did Atty. Lozada commit a
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legal profession. (Hernandez, Jr. v. Go A.C. No. 1526, violation of the CPR in asking for a loan from her
31 Jan. 2005) client?
PR
Prohibition from BORROWING Money from A: YES. Her act of borrowing money from a client
Client was a violation of Canon 16.04 of the CPR.
GR: A lawyer is not allowed to borrow money from

his client. ZA
A lawyer’s act of asking a client for a loan, similar to
what respondent did in this case, is unethical. It
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comes within those acts considered as abuse of
XPN: The client’s interests are fully protected by the client’s confidence. The canon presumes that the
nature of the case or by independent advice. client is disadvantaged by the lawyer’s ability to use
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all the legal maneuverings to renege on her

Prohibition of LENDING Money to Client obligation. (Frias v. Lozada, A.C. NO. 6656, 13 Dec.
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2005)
GR: A lawyer is not allowed to lend money to his
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client. NOTE: The principle behind Rule 16.04 is to prevent

the lawyer from taking advantage of his influence
XPN: When in the interest of justice, he has to over the client or to avoid acquiring a financial
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advance necessary expenses in a legal matter he is interest in the outcome of the case. (Agpalo, 2009;
handling for the client. (Rule 16.04, CPR) Junio v. Grupo, A.C. No. 5020, 18 Dec. 2001)
S,
NOTE: The prohibition of lending money to client is Return of Money in an Administrative Case
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intended to assure the lawyer’s independent

professional judgment, for if the lawyer acquires a 1. If the money is received in a transaction separate
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financial interest in the outcome of the case, the free and distinct from, and not intrinsically linked to his
exercise of his judgment may be adversely affected. professional engagement, the Court cannot order the
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(Linsangan v. Tolentino, A.C. No. 6672, 04 Sept. 2009) return of the money. The clients must institute a
separate civil action to recover it.
EB
Q: Atty. Lozada was the retained counsel and

legal adviser of Frias. Atty. Lozada persuaded E.g. Money from a loan
Frias to sell her house, the former acting as
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broker since she was in need of money. The 2. If the money is received in a transaction
prospective buyer paid ₱3,000,000.00 where intrinsically linked to his professional engagement,
Atty. Lozada took ₱1,000,000.00 as her the Court can order the return of the money.
commission without Frias’ consent. The buyer
`
2022 GOLDEN NOTES
E.g. Filing fees, acceptance fees, attorney’s FIDELITY TO CLIENT’S CAUSE

fees
CANON 17
A lawyer owes fidelity to the cause of his client
and he shall be mindful of the trust and
S.
confidence reposed in him.
Q: Matias Lagramada residing with his uncle,
S,
Apolonio Lagramada, was invited by the latter to
accompany him to the police station, supposedly
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to pick up a refrigerator they were to repair.
Upon their arrival there, Matias was
immediately taken in and locked behind bars.
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Two sets of information were filed against him
IN
only 10 months after the first day of his
incarceration. With the assistance of counsel,
PR
Matias pleaded not guilty when arraigned,
without raising the invalidity of the arrest. Was
the case properly handled?
ZA
A: NO. Lawyers owe fidelity to the cause of their
clients and must be mindful of the trust and
confidence reposed in them. Matias’ counsel, in the
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spirit of safeguarding his client’s rights, should have
taken the necessary steps to correct the situation.
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However, he allowed his client to enter a plea during

the latter’s arraignment without raising the
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invalidity of arrest. Thus, the former effectively

waived his client’s right to question its validity.
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Defense counsels are expected to spare no effort to

save the accused from unrighteous incarcerations.
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Matias’ counsel should have not only perfunctorily

represented his client during the pendency of the
case, but should have kept in mind his duty to
S,
render effective legal assistance and true service by

protecting the latter’s rights at all times. (People v.
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Lagramada, G.R. Nos. 146357 & 148170, 29 Aug.

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2002)
Q: Complainants engaged the services of Atty.

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Guaren for the titling of a residential lot they

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acquired in Bonbon, Nueva Caseres. They

alleged that Atty. Guaren took all the pertinent
documents relative to the titling of their lot; that
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they always reminded Atty. Guaren about the

case and each time he would say that the titling
was in progress; that they became bothered by
the slow progress of the case so they demanded

Legal Ethics
the return of the money they paid. Despite the COMPETENCE AND DILIGENCE
acceptance of ₱7,000, Atty. Guaren failed to
perform his obligation and allowing 5 years to CANON 18
elapse without any progress in the titling of A lawyer shall serve his client with competence
complainants’ lot. Did Atty. Guaren violate the and diligence.
S.
CPR?
Diligence is the attention and care required of a
S,
A: YES. The Supreme Court reiterated that the person in a given situation and is the opposite of
profession in which duty to public service, not negligence. It is axiomatic in the practice of law that
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money, is the primary consideration. Lawyering is the price of success is eternal diligence to the cause
not primarily meant to be a money-making venture, of the client. (Edquibal v. Ferrer, A.C. No. 5687, 03 Feb.
and law advocacy is not a capital that necessarily 2005)
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yields profits. The gaining of a livelihood should be
a secondary consideration. Degree of Diligence required in the Profession
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The duty to public service and to the administration The legal profession demands of a lawyer that
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of justice should be the primary consideration of degree of vigilance and attention of a good father of
lawyers, who must subordinate their personal a family (Lapeña Jr., 2009) or ordinary pater familias
interests or what they owe to themselves. Atty. (Pineda, 2009). He is not required to exercise
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Guaren breached his duty to serve his client with extraordinary diligence. (Edquibal v. Ferrer, Jr., A.C.
competence and diligence when he neglected a legal No. 5687, 03 Feb. 2005)
matter entrusted to him. Thus, Atty. Guaren violated
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Canons 17 and 18 of the CPR and was suspended Q: Atty. A failed to submit a position paper as
from the practice of law for six months. (Brunet v. required by the RTC for his client B, prompting
Guaren, A.C. No. 10164, 10 Mar. 2014) the latter to file an administrative complaint for
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disbarment. Atty. A alleged that he did not

proceed to prepare and file the said position
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paper on account of the continued refusal of B to

pay her accumulated legal fees. Is the argument
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of Atty. A tenable?
A: NO. Canon 18 clearly mandates that a lawyer is

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duty-bound to competently and diligently serve his

client once the former takes up the latter’s cause.
S,
The lawyer owes fidelity to such cause and must

always be mindful of the trust and confidence
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reposed upon him. Hence, his neglect of a legal

matter entrusted to him amounts to inexcusable
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negligence for which he must be administratively

liable. (Carlos V. Lopez v. Atty. Milagros Isabel A.
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Cristobal, A.C. No. 12146, 10 Oct. 2018, J. Caguioa)

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Q: In a criminal case for rape with homicide, the

accused pleaded guilty. However, the three PAO
lawyers assigned as counsel de oficio did not
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advise their client of the consequences of

pleading guilty; one PAO lawyer left the
courtroom during trial and thus was not able to
cross-examine the prosecution witnesses. The
`
2022 GOLDEN NOTES
other postponed the presentation of evidence parties and for which his services was engaged, was
for the defense, and when he appeared, he said no other than an action for annulment of the
he would rely solely on the plea of guilty, complainant's marriage with her husband with the
believing that it would lower the penalty to intention of marrying her British fiancée. They did
reclusion perpetua. Should the three PAO not contemplate legal separation at all, for legal
S.
lawyers be disciplined? separation would still render her incapacitated to
re-marry. That the respondent was insisting in his
S,
A: YES. All three (3) of them manifest disinterest on answer that he had prepared a petition for legal
the plight of their client. They lacked vigor and separation, and that she had to pay more as
ES
dedication to their work. Canon 18 of the CPR attorney's fees if she desired to have the action for
requires every lawyer to serve his client with annulment was, therefore, beyond comprehension
utmost dedication, competence and diligence. He other than to serve as a hallow afterthought to
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must not neglect a legal matter entrusted to him, justify his claim for services rendered. Aguilos failed
and his negligence in this regard renders him to live up to the standards imposed on him as an
IN
administratively liable. Obviously, in the instant attorney. He thus transgressed Canon 18, and Rules
case, the defense lawyers did not protect, much less 18.01, 18.02 and 18.03 of the CPR (Sanchez v.
PR
uphold, the fundamental rights of the accused. Aguilos, A.C. No. 10543, 16 Mar. 2016).
Instead, they haphazardly performed their function
as counsel de officio to the detriment and prejudice Q: Ferrer was accused of raping his 11-year-old
ZA
of the accused Sevilleno, however guilty he might stepdaughter. Ferrer’s counsel of record was
have been found to be after trial. (People v. Sevilleno, PAO's Atty. Macabanding. During the pre-trial,
G.R. No. 129058, 29 Mar. 1999) both of them failed to appear. Ferrer was
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considered by the court as having jumped bail.
Q: Sanchez charged Atty. Aguilos with Trial in absentia followed where Ferrer was
misconduct for the latter’s refusal to return the assisted by another PAO lawyer, Atty. Alonto.
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amount she had paid for his professional Atty. Macabanding did not appear in all the
services. She avers that Atty. Aguilos demanded subsequent hearings of the case. He did not
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the full payment of his fee before working on the inform the court of his whereabouts. Ferrer was
case; that the lawyer contemplated to file a found guilty beyond reasonable doubt of the
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petition for legal separation instead of petition crime charged and imposed upon him the death
for annulment, of which the latter is the main penalty. Did Atty. Macabanding live up to the
consideration for his professional employment demands expected from a counsel de officio?
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yet Atty. Aguilos further asked for a higher

acceptance fee for the latter. Sanchez A: NO. Canon 18 of the CPR requires every lawyer to
S,
subsequently withdrew the case and demanded serve his client with utmost dedication, competence
the refund of the amounts paid less the amounts and diligence. He must not neglect a legal matter
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corresponded to the services he already entrusted to him. For all intents, purposes and
performed but Atty. Aguilos refused. Is Atty. appearances, Atty. Macabanding abandoned his
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Aguilos liable for misconduct? client, an accused who stands to face the death
penalty. Ferrer was not properly and effectively
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A: YES. Aguilos was liable for misconduct and he accorded the right to counsel.
should be ordered to return the entire amount
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received from the client. As the foregoing findings While he faced the daunting task of defending an
reveal, he did not know the distinction between the accused that had jumped bail, this unfortunate
grounds for legal separation and for annulment of development is not a justification to excuse him
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marriage. Such knowledge would have been basic from giving his heart and soul to the latter's defense.
and expected of him as a lawyer accepting a The exercise of their duties as counsel de oficio
professional engagement for either causes of action. meant rendering full meaning and reality to the
The case unquestionably contemplated by the constitutional precepts protecting the rights of the

Legal Ethics
accused. (People v. Ferrer, G.R. No. 148821, 18 July should be in a position to render efficient and
2003) effective legal assistance. (Agpalo, 2009)
Instances of Lawyer’s Lack of Diligence and their He is therefore directed not to take legal services
Resulting Consequences which he knows or should know he is not qualified
S.
or competent to render except if his client consents,
1. Lawyer failed to file his client’s position the lawyer can take as collaborating counsel
S,
paper which caused the client to be in another lawyer who is competent on the matter.
default in an ejectment case. The (Agpalo, 2009)
ES
complainant’s appeal was also denied since
the lawyer failed to file an appeal Q: When is professional incompetence a ground
memorandum. The lawyer was for disbarment under the Rules of Court?
C
DISBARRED. (Enriquez v. Atty. Lavadia, A.C. Explain. (2010 BAR)
No. 5686, 16 June 2015)
IN
A: Professional incompetence of a lawyer may be a
2. Lawyer failed to file his client’s position special ground for disbarment if his incompetence
PR
paper and he did not inform the is so total, gross and serious that he cannot be
complainant that his case was dismissed by entrusted with the duty to protect the rights of his
the court. The lawyer was suspended from clients. “A lawyer shall not undertake a legal service
ZA
practice of law for three years. (Olvida v. where he knows or should know that he is not
Atty. Gonzales, A.C. No. 5732, 16 June 2015) qualified to render” (Rule 18.01, CPR). If he does so,
it would constitue malpractice or gross misconduct
EZ
3. Lawyer failed to file a motion for in office which are grounds for suspension or
reconsideration on behalf of his client and disbarment under Sec. 27, Rule 138 of the Rules of
further neglected to regularly update his Court.
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clients on the status of the case. The lawyer

was SUSPENDED for two years. (Ramiscal v. NOTE: The handling lawyer cannot just take
W
Atty. Orro, A.C. No. 10945, 23 Feb. 2016) another counsel without the consent of the client.
The new lawyer on the other hand cannot just enter
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COLLABORATING COUNSEL his appearance as collaborating counsel without the

conformity of the first counsel.
A collaborating counsel is one who is subsequently
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engaged to assist a lawyer already handling a ADEQUATE PREPARATION

particular case for a client. (Pineda, 2009)
S,

RULE 18.01, CANON 18 A lawyer shall not handle any legal matter
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A lawyer shall not undertake a legal service without adequate preparation.

which he knows or should know that he is not
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qualified to render. However, he may render A lawyer should prepare his pleadings with great
such service if, with the consent of his client, he care and circumspection. He should refrain from
O
can obtain as collaborating counsel a lawyer using abrasive and offensive language, for it merely
who is competent on the matter. weakens rather than strengthens the force of legal
EB
reasoning and detracts from its persuasiveness.

The lawyer’s acceptance, whether for a fee or not, is
an implied representation that he possesses the In preparing a complaint for damages, counsel for
R
requisite degree of academic learning, skill and plaintiff should allege and state the specific amounts
ability to handle the case. claimed not only in the body of the complaint but
also in the prayer, so that the proper docket fees can
A lawyer who accepts professional employment be assessed and paid. (Fernandez v. Atty. Novero, Jr.,
`
2022 GOLDEN NOTES
A.C. No. 5394, 02 Dec. 2002) 1. He fails to appeal to CA despite instructions

by the client to do so constitutes inexcusable
The counsel must constantly keep in mind that his negligence on the part of the counsel. (Abiero
actions or omissions, even malfeasance and v. Juanino, A.C. No. 5302, 18 Feb. 2005)
nonfeasance would be binding to his client. Verily, a
S.
lawyer owes to the client the exercise of utmost 2. Even if a lawyer was "honestly and sincerely"
prudence and responsibility in representation. protecting the interests of his client, the
S,
(Fernandez v. Atty. Novero Jr., A.C. No. 5394, 02 Dec. former still had no right to waive the appeal
2002) without the latter's knowledge and consent.
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(Abay v. Atty. Montesino, A.C. No. 5718, 04 Dec.
NEGLIGENCE 2003)
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RULE 18.03, CANON 18 Q: Are the mistakes or negligence of a lawyer
A lawyer shall not neglect a legal matter binding upon the client? (1998, 2000, 2002 BAR)
IN
entrusted to him and his negligence in
connection therewith shall render him liable. GR: Client is bound by attorney’s conduct,
PR
(1998, 2002 BAR) negligence and mistake in handling a case or in the
management of litigation and in procedural
A lawyer is enjoined not to neglect a legal matter technique, and he cannot complain that the result
ZA
entrusted to him, and his negligence in connection might have been different had his lawyer proceeded
therewith shall render him liable. It is the duty of the differently.
lawyer to serve his client with competence and
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diligence and he should exert his best efforts to XPNs: (L-I-P-I-G)
protect within the bounds of the law, the interest of
his client. (Vda. De Enriquez v. San Jose, A.C. No. 3569, 1. Lack of acquaintance with technical aspect of
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23 Feb. 2007) procedure;

2. When adherence thereto results in
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Diligence Required outright deprivation of a client’s liberty or

property or where Interest of justice so
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Prone to err like any other human being, he is not requires;

answerable for every error or mistake, and will be 3. Where error by counsel is Purely technical
protected as long as he acts honestly and in good which does not substantially affect client’s
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faith to the best of skill and knowledge. An attorney cause;

is not expected to know all the laws. He is not liable 4. Ignorance, incompetence, or inexperience of
S,
for disbarment for an honest mistake or error. He is lawyer is so great and error so serious that the
not an insurer of the result in a case where he is client, who has a good cause, is prejudiced and
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engaged in as counsel. Only ordinary care and denied a day in court; and,
diligence are required of him. (Pineda, 2009) 5. Gross negligence of lawyer.
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NOTE: What amounts to carelessness or negligence NOTE: If by reason of the lawyer’s negligence,
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in a lawyer’s discharge of his duty to client is actual loss has been caused to his client, the latter
incapable of exact formulation. It will depend upon has a cause of action against him for damages.
EB
the circumstances of the case. However, for the lawyer to be held liable, his failure
to exercise reasonable care, skill and diligence must
Instances of Negligence by Attorneys be the proximate cause of the loss.
R
A lawyer is deemed to be negligent under the Q: Atty. Macalalad was introduced to Atty.
following circumstances: Solidon by a mutual acquaintance. Solidon
asked Atty. Macalalad to handle the judicial

Legal Ethics
titling of a parcel of land located in Samar and that a previous motion had been filed but “due to the
owned by Atty. Solidon’s relatives. For a health condition of the undersigned counsel…he
consideration of ₱80,000.00, Atty. Macalalad was not able to finish said Appellant’s Brief within
accepted the task to be completed within a the fifteen-day period earlier requested by him.” It
period of eight months. Atty. Macalalad received is clear that Atty. Jimenez was indeed in charge of
S.
₱50,000.00 as initial payment; the remaining the case. A lawyer representing a client bears the
balance of ₱30,000.00 was to be paid when Atty. responsibility of protecting the client’s interest with
S,
Solidon received the certificate of title to the utmost diligence. (Figueras v. Jimenez, A.C. No. 9116,
property. Atty. Macalalad has not filed any 12 Mar. 2014)
ES
petition for registration over the property
sought to be titled up to the present time. Is he DUTY TO APPRISE CLIENT
guilty of violating the CPR?
C
A: YES. He is guilty of violating Rule 18.03, Canon 18 A lawyer shall keep the client informed of the
IN
of the CPR. The mere failure of the lawyer to status of his case and shall respond within a
perform the obligations due to the client is reasonable time to the client’s request for
PR
considered per se a violation. A lawyer so engaged to information.
represent a client bears the responsibility of
protecting the latter’s interest with utmost A lawyer should notify his client of the adverse
ZA
diligence. Accordingly, competence, not only in the decision while within the period to appeal to enable
knowledge of law, but also in the management of the the client to decide whether to seek an appellate
cases by giving these cases appropriate attention and review. He should communicate with him
EZ
due preparation, is expected from a lawyer. Atty. concerning the withdrawal of appeal with all its
Macalalad failed to act as he committed when he adverse consequences. The client is entitled to the
failed to file the required petition. (Solidon v. fullest disclosure of the mode or manner by which
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Macalalad, A.C. No. 8158, 24 Feb. 2010) his interest is defended or why certain steps are
taken or omitted.
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Q: Spouses Santander filed a civil suit for

damages against Congressional Village As an essential part of their highly fiduciary
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Homeowner’s Association and Ely Mabanag. relationship, the client is entitled to the periodic and
Atty. Jimenez was the counsel of record and full updates from the lawyer on the developments of
handling lawyer for the association. The RTC the case. (Ramiscal v. Orro, A.C. No. 10945, 23 Feb.
G
rendered a decision in favor of the Sps. 2016)

Santander. The CA dismissed the appeal on the
S,
ground that the original period to file the Q: Spouses Garcia engaged the services of Atty.
appellant’s brief had expired 95 days before the Rolando Bala to appeal to the CA the adverse
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first motion for extension of time to file said decision of the Department of Agrarian
brief was filed. Some members of the association Relations Adjudication Board (DARAB). Instead,
LL
filed a Complaint for Disbarment against Atty. he erroneously filed a Notice of Appeal. During
Jimenez. In his defense, Atty. Jimenez alleged one instance when the spouses had called on
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that the members have no personality to file the him to ask for a copy of the supposed appeal,
disbarment complaint as they were not his Atty. Bala uttered unsavory words against them.
EB
clients. Is Atty. Jimenez liable for violating Rule Because of his error, the prescribed period for
18.03 and Canon 18 of the CPR? filing the petition lapsed, to the prejudice of his
clients. Did Atty. Bala violate any ethical rules?
R
A: YES, Atty. Jimenez is liable. His failure to file the

appellant’s brief within the period provided by law A: YES. Rule 18.04 states that a “lawyer shall keep
violates Canon 18 of the CPR. Atty. Jimenez had filed the client informed of the status of his case and shall
with the CA an Urgent Motion for Extension stating respond within a reasonable time to the client's
`
2022 GOLDEN NOTES
request for information.” well to the courts as to my clients.” If he should

violate the vow, he contravenes the CPR,
Accordingly, the spouses had the right to be updated particularly its Canon 17, and Rules 18.03 and 18.04
on the developments and status of the case for of Canon 18. As an essential part of their highly
which they had engaged the services of Atty. Bala. fiduciary relationship, the client is entitled to the
S.
But he apparently denied them that right. Having periodic and full updates from the lawyer on the
become aware of the wrong remedy he had developments of the case. Updating the clients could
S,
erroneously taken, he purposely evaded his clients, have prevented their substantial prejudice by
refused to update them on the appeal, and misled enabling them to engage another competent lawyer
ES
them as to his whereabouts. Moreover, he uttered to handle their case. As it happened, his neglect in
invectives at them when they visited him for an that respect lost for them whatever legal remedies
update on the case. (Spouses Garcia v. Bala, A.C. No. were then available. His various omissions
C
5039, 25 Nov. 2005) manifested his utter lack of professionalism
towards them. (Ramiscal v. Orro, A.C. No. 10945, 23
IN
Q: Sps. Ramiscals engaged the legal services of Feb. 2016)
Atty. Edgar S. Orro to handle a case in which they
PR
were the defendants seeking the declaration of NOTE: The lawyer is obliged to respond within a
the nullity of title to a parcel of land. Upon reasonable time to a client's request for information.
receiving the ₱10,000.00 acceptance fee from A client is entitled to the fullest disclosure of the
ZA
them, Orro handled the trial of the case until mode or manner by which that client's interest is
RTC decided it in their favor. When the case defended or why certain steps are taken or omitted.
reached CA, Orro requested from the spouses an
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additional amount of ₱30,000.00 for the A lawyer who repeatedly fails to answer the
preparation and submission of their appellees’ inquiries or communications of a client violates the
brief. rules of professional courtesy and neglects the
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client's interests. (Villariasa-Reisenbeck v.

Later on, the CA reversed the decision of the Abarrientos, A.C. No. 6238, 04 Nov. 2004)
W
RTC. Orro did not inform the Ramiscals of the

adverse decision of the CA which they only Doctrine of Imputed Knowledge
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learned about from their neighbors. They

endeavored to communicate with Orro but their The knowledge acquired by an attorney during the
efforts were initially in vain. When they finally time that he is acting within the scope of his
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reached him, he asked an additional ₱7,000.00 authority is imputed to the client. It is based on the
from them as his fee in filing a motion for assumption that an attorney, who has notice of
S,
reconsideration in their behalf, albeit telling matter affecting his client, has communicated the
them that such motion would already be same to his principal in the course of professional
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belated. They later discovered that he did not dealings. (Agpalo, 2009)
file the motion for reconsideration; hence, the
LL
decision attained finality, eventually resulting NOTE: The doctrine applies regardless of whether
in the loss of their property. Did Atty. Orro or not the lawyer actually communicated to the
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competently and diligently discharge his duties client what he learned in his professional capacity,
as a lawyer? the attorney and his client being one judicial person.
EB
(Agpalo, 2009)
A: NO. Every lawyer, upon becoming a member of
the Philippine Bar, solemnly takes the Lawyer’s Notice to counsel is notice to client, but not vice
R
Oath, by which he vows, among others, that: “I will versa if the latter appeared by attorney.
delay no man for money or malice, and will conduct
myself as a lawyer according to the best of my GR: The law requires that service of any notice upon
knowledge and discretion, with all good fidelity as a party who has appeared by attorney shall be made

Legal Ethics
upon his attorney. Notice sent to a party who has REPRESENTATION WITH ZEAL
appeared by counsel is not notice in law (Chainani v. WITHIN LEGAL BOUNDS
Tnacinco, G.R. No. L-4782, 29 Feb. 1952), it being
immaterial that the client actually received the CANON 19
notice or volunteered to get a copy thereof. A lawyer shall represent his client with zeal
S.
within the bounds of the law.
XPNs:
S,
When a lawyer accepts a case, whether for a fee
1. Strict application might foster dangerous or not, his acceptance is an implied
ES
collusion to the detriment of justice; representation that he will: (C-A-S-E)
2. Service of notice upon party instead of upon his
attorney is ordered by the court; 1. exercise reasonable and ordinary Care and
C
3. Notice of pre-trial is required to be served upon diligence in the pursuit or defense of the case;
parties and their respective lawyers; and 2. possess the requisite degree of Academic
IN
4. In appeal from the lower court to the RTC, upon learning, skill and ability in the practice of his
docketing of appeal. profession;
PR
3. take steps as will adequately Safeguard his
client’s interests; and
4. Exert his best judgment in the prosecution or
ZA
defense of the litigation entrusted to him. (Islas
v. Platon, G.R. No. L-23183, 29 Dec. 1924)
EZ
Authority to Appear in Court is Presumed
GR: A lawyer is presumed to be properly authorized

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to represent any cause in which he appears.

W
XPN: On motion of either party and on reasonable

grounds, the presiding judge may require an
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attorney to prove the authority under which he

appears. (Sec. 21, Rule 138, Rules of Court, as
amended)
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Voluntary Appearance of Lawyer without

S,
Authority
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An attorney may not appear for a person until he is

in fact employed by, or retained for such person. An
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attorney willfully appearing in court for a person

without being employed, unless by leave of court,
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may be punished for contempt as an officer of the

court, who has misbehaved in his official
EB
transactions. (Sec. 21, Rule 138)
Effects of Unauthorized Appearance

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1. The party represented is not bound by

attorney’s appearance in the case neither by the
judgment rendered therein;
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2022 GOLDEN NOTES
2. Court does not acquire jurisdiction over the Extent of Lawyer’s Authority in Litigation
person of the party represented;
3. The adverse party who has been forced to A lawyer has authority to bind the client in all
litigate as a defendant by the unauthorized matters of ordinary judicial procedure. The cause of
action on the part of the attorney for the action, the claim or demand sued upon and the
S.
plaintiff may, on that ground, move for the subject matter of the litigation are within the
dismissal of the complaint; and exclusive control of the client. A client may waive,
S,
4. If unauthorized appearance is willful, attorney surrender, dismiss, or compromise any of his rights
may be cited for contempt as an officer of the involved in litigation in favor of the other party even
ES
court who has misbehaved in his official without or against the consent of his attorney.
transactions, and he may be disciplined for (Agpalo, 2009; Bejarasco v. People, G.R. No. 159781,
professional misconduct. 02 Feb. 2011)
C
Ratification of Unauthorized Appearance Q: May a lawyer be held liable for damages by his
IN
clients for the lawyer’s failure to file the
1. Express. It refers to the categorized assertion necessary pleadings to prosecute the client’s
PR
by client that he has authorized a lawyer or that case and as a result of which the client suffered
he confirms his authorization to represent him damages? (2014 BAR)
in the case.
ZA
A: YES, a lawyer may be held liable for damages by
2. Implied. It is where a party, with knowledge of his client for failure to represent his client with zeal
fact that a lawyer has been representing him in (Canon 19, CPR) and for not serving his client with
EZ
a case, accepts benefits of representation or competence and diligence. (Canon 18, CPR)
fails to promptly repudiate the assumed
authority. USE OF FAIR AND HONEST MEANS
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Forms of Implied Ratification RULE 19.01, CANON 19

W
A lawyer shall employ only fair and honest

Implied ratification may take various forms, such as means to attain the lawful objectives of his
LO
by silence or acquiescence, or by acceptance and client and shall not present, participate in
retention of benefits flowing therefrom. (Chong v. presenting or threaten to present, participate
Court of Appeals, G.R. No. 148280, 10 July 2007) in presenting or threaten to present
G
unfounded criminal charges to obtain an

Requisites of Implied Ratification by Silence improper advantage in any case or
S,
proceeding. (1997 BAR)

1. The party represented by the attorney is of age
O
or competent or if he suffers from any disability, Rule 19.01 of the CPR obligates a lawyer, in
he has a duly appointed guardian or legal defending his client, to employ only such means as
LL
representative. are consistent with truth and honor. He should not

2. The party or his guardian, as the case may be, is prosecute patently frivolous and meritless appeals
O
aware of the attorney’s representation. or institute clearly groundless actions. The act of a
3. He fails to promptly repudiate assumed lawyer in preventing the execution of the judgment
EB
authority. against his clients shows that he actually committed

what the above rule expressly prohibits. (Que v.
NOTE: Ratification retroacts to the date of the Revilla, A.C. No. 7054, 04 Dec. 2009)
R
lawyer’s first appearance and validates the action

taken by him. (Land Bank of the Philippines v. Under this rule, a lawyer should not file or threaten
Pamintuan Development Co., G.R. No. 167886, 25 Oct. to file any unfounded or baseless criminal case or
2005) cases against the adversaries of his client designed

Legal Ethics
to secure a leverage to compel the adversaries to what would you do in light of your client's
yield or withdraw their own cases against the disclosure that he perjured himself when he
lawyer’s client. (Malvar v. Feir, A.C. No. 11871, 05 testified? (2013 BAR)
Mar. 2018)
A: I shall promptly call upon Carlos Negar, my client,
S.
CLIENT’S FRAUD to rectify his perjured testimony by recanting the
same before the court. Should he refuse or fail to do
S,
RULE 19.02, CANON 19 so I shall then terminate my relationship with him
A lawyer who has received information that his (Canon, 19, Rule 19.02) stating that with his having
ES
client has, in the course of the representation, committed perjury he persuaded an illegal conduct
perpetrated a fraud upon a person or tribunal, in connection with the case. (Ibid., Canon 22, Rule
shall promptly call upon the client to rectify the 22.01)
C
same, and failing which he shall terminate the
relationship with such client in accordance Q: In a prosecution for a murder against a
IN
with the Rules of Court. ranking army officer, the latter engaged the
services of RS, a well-known trial lawyer, to
PR
The lawyer’s duty to his client does not mean whom the officer in one of their conferences
freedom to set up false or fraudulent claims disclosed a plan to eliminate or salvage—i.e., kill
especially with respect to provisions of law or or otherwise cause to disappear—the only
ZA
administrative rules and that while lawyers are witness, a fellow military officer, through a
bound to exert utmost legal skill in prosecuting their contrived traffic or highway vehicular accident.
client’s cause or defending it, their duty, first and
EZ
foremost, is to the administration of justice. (CPR a. What are the legal and moral obligations of
Annotated, PhilJA) Atty. RS to his client and to the authorities,
under the given circumstances?
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NOTE: It is an unethical tactic for a lawyer to offer

monetary rewards to anyone who could give him b. Should the planned accident take place, and
W
information against a party so that he could have the witness to the prosecution be killed, as a
leverage against all actions involving such party. result, is Atty. RS under any obligation to
LO
(CPR Annotated, PhilJA) disclose to the authorities the plan that his
client had mentioned to him, as above
Q: Atty. Bravo represents Carlos Negar (an mentioned?
G
insurance agent for Dormir Insurance Co.) in a

suit filed by insurance claimant Andy Limot who A:
S,
also sued Dormir Insurance. Limot testified a. Atty. RS has the obligation to disclose such facts
during the trial that he had mailed the notice of to authorities. The announced intention of a
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the loss to the insurance agent, but admitted client to commit a crime is not included within
that he lost the registry receipt so that he did not the confidences which his attorney is bound to
LL
have any documentary evidence of the fact of respect. The attorney cannot reveal to anybody
mailing and of its timeliness. Dormir Insurance the facts stated by the client as regards the case
O
denied liability contending that the timely proceedings. However, this is not an absolute
notice had not been given either to the company rule. The privilege is limited or has reference
EB
or its agent. only to communications which are within the

ambit of lawful employment and does not
A few days after Negar testified, he admitted to extend to those transmitted in contemplation of
R
Atty. Bravo that he had lied when he denied future crimes or fraud.
receipt of Limot's notice; he did receive the
notice by mail but immediately shredded it to b. YES. Atty. RS has the obligation to disclose such
defeat Limot's claim. If you were Atty. Bravo, information to the authorities. As provided for
`
2022 GOLDEN NOTES
by Rule 19.02 of Canon 19, a lawyer shall not Authority of counsel to compromise
allow his client to perpetrate fraud. He shall
promptly advise the client to rectify the same, GR: The attorney has no authority to
and if the client refuses to heed the lawyer's compromise his client’s case because the client,
advice for rectification, the lawyer must even if represented by counsel, retains exclusive
S.
withdraw from the case. (People v. control over the subject matter of the litigation. The
Sandiganbayan, G.R. Nos. 115439-41, 16 July client can, of course, authorize his lawyer to
S,
1997) compromise his case, and the settlement made by
the lawyer will bind his client.
ES
Q: If the lawyer is counsel de parte for the
accused and he learns later after accepting the XPNs:
case and while trial is ongoing that his client was
C
indeed the perpetrator of the crime, may the 1. When the lawyer is confronted with an
lawyer withdraw his appearance from the case? emergency where prompt and urgent action is
IN
Why or Why not? (2014 BAR) necessary to protect the interest of his client
and there is no opportunity for consultation
PR
A: He may withdraw his appearance but in with the latter.
accordance with procedure in Section 26, Rule 138 2. Settlement of monetary obligation to client is
of the Rules of Court. Moreover, Rule 19.02 of the full payment in cash.
ZA
CPR provides that “a lawyer who has received
information that his client has, in the course of the NOTE: The Rules of Court requires lawyers to
representation, perpetuated a fraud upon a person secure special authority from their clients when
EZ
or tribunal, shall promptly call upon the client to entering into a compromise agreement that
rectify the same, and failing which, he shall dispenses with litigation (Luna v. Galarrita, A.C.
terminate the relationship with such client in No.10662, 07 July 2015)
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accordance with the Rules of Court.”

Duty of the Lawyer in gathering Information
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PROCEDURE IN HANDLING THE CASE regarding the Case

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RULE 19.03, CANON 19 The lawyer cannot entirely depend on the

A lawyer shall not allow his client to dictate the information his client gave or the time his client
procedure in handling the case. wished to give. The lawyer should take more control
G
over handling the case. Where the client is based

Who has control over the case? overseas, the lawyer should with more reason, have
S,
moved to secure all the legal means available to him

1. As to matters of procedure, it is the client who either to continue representing his client effectively
O
yields to the lawyer and not the lawyer yielding or to make the necessary manifestation in court,
to the client. (Lapeña Jr., 2009) with the client’s conformity, that he was
LL
withdrawing as counsel of record. (CPR Annotated,

NOTE: The basis of this rule is that the lawyer PhilJA)
O
is better trained and skilled in law.

Appearance
EB
2. As to subject matter, the client is in control.

It is the coming into court as a party either as a
NOTE: Cause of action, claim or demand, and plaintiff or as a defendant and asking relief
R
subject of litigation are within client’s control. therefrom. (Agpalo, 2009)

Proceedings to enforce the remedy are within
the exclusive control of the attorney.

Legal Ethics
Kinds of Appearance aspects of the case. Certainly, whether or not to

appeal an adverse decision is a substantive mater
1. General Appearance. It is as such when a party which is exclusively for the client to decide. Having
comes to court either as plaintiff or defendant filed an appeal against the decision of his client, the
and seeks general reliefs from the court for lawyer should be held liable for its negative result.
S.
satisfaction of his claims or counterclaims
respectively. (Agpalo, 2009)
S,
2. Special Appearance Here, in this case, a
ES
defendant appears in court solely for the
purpose of objecting to the jurisdiction of the
court over his person. (Agpalo, 2009)
C
Entry of Appearance vs. Appearance of Counsel
IN
Entry of appearance is the written manifestation
PR
submitted by the counsel of record to inform the
court that he will act as the counsel of a party made
before the date of the hearing; whereas,
ZA
appearance of counsel is the verbal manifestation
of the counsel in order for the court to recognize his
presence during the hearing of the case. (Sec. 21,
EZ
Rule 138, Rules of Court)
Q: Pedro was accused of the crime of murder

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before the RTC and was found guilty of homicide.

His counsel, Atty. Nestor, told him that he will
W
file an appeal before the Court of Appeals (CA)

because he believes that the claim of self-
LO
defense of Pedro will be given merit by the

appellate court and that he will be acquitted.
Pedro explains that he is amenable to the
G
penalty imposed upon him. Notwithstanding the

opposition of the accused, Atty. Nestor went on
S,
with the appeal. The CA decided that the

conviction should be for murder in view of the
O
qualifying circumstance. A petition with the

High Court proved futile. Pedro hires you to file
LL
a disbarment suit against Atty. Nestor. What

cannon or rule of the CPR will you use as ground
O
for the suit? Explain. (2016 BAR)

EB
A: I will base my action on Canon 19, particularly

Rule 19.03 of the CPR which provides that “a lawyer
shall not allow the client to dictate the procedure in
R
handling the case.” The other side of the coin of this

rule is that the substantive aspects of the case are
within the sole authority of the client to decide. The
lawyer’s authority is limited only to the procedural
`
2022 GOLDEN NOTES
ATTORNEY’S FEES employment as a result of acceptance

of the proffered case;
CANON 20
A lawyer shall charge only fair and reasonable f. The customary charges for similar
fees. services and the schedule of fees of the
S.
IBP chapter to which he belongs;
GR: Only lawyers are entitled to attorney’s fees. The
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same cannot be shared with a non-lawyer. It is g. The amount involved in the
unethical. controversy and the benefits resulting
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to the client from the service;
XPNs: A lawyer may divide a fee for legal services
with another under the following instances: (C-P-R) h. The contingency or certainty of
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compensation;
1. A lawyer undertakes to Complete the
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unfinished legal business of a deceased lawyer; i. The character of the employment,
2. There is a Pre-existing agreement with a whether occasional or established;
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partner or associate that, upon the latter’s and
death, money shall be paid over a reasonable
period of time to his estate or to persons j. The professional standing of the
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specified in the agreement; lawyer.
3. A lawyer or law firm includes non-lawyer
employees in Retirement plan, even if the plan NOTE: Generally, the amount of attorney’s fees due
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is based, in whole or in part, on a profit-sharing is that stipulated in the retainer agreement which is
agreement. (Rule 9.02, CPR) conclusive as to the amount of lawyer’s
compensation (Funa, 2009) unless the stipulated
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NOTE: Entitlement to lawyer’s fees is presumed. amount in the written contract is found by the court
(Funa, 2009) to be unconscionable or unreasonable. (Sec. 24, Rule
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138, Rules of Court, as amended)

Unless otherwise expressly stipulated, rendition of
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professional services by a lawyer is for a fee or In the absence thereof, the amount of attorney’s fees
compensation and is not gratuitous. (Research and is fixed on the basis of quantum meruit. (Sesbreno v.
Services Realty, Inc. v. CA, G.R. No. 124074, 27 Jan. Court of Appeals, G.R. No. 117438, 08 June 1995; Funa,
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1997) 2009)
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RULE 20.01, CANON 20 Kinds of Payment

A lawyer shall be guided by the following
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factors in determining his fees: 1. Fixed or Absolute Fee. It refers to that which
remains payable regardless of the result of the
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a. The time spent and the extent of the case.

service rendered or required; a. A fixed fee payable per appearance
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b. A fixed fee computed upon the number of

b. The novelty and difficulty of the hours spent
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questions involved; c. A fixed fee based on piece work

d. Combination of any of the above
c. The importance of the subject matter;
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2. Contingent Fee. It refers to that which is

d. The skill demanded; conditioned on the securing of a favorable
judgment and recovery of money or property
e. The probability of losing other and the amount of which may be on a

Legal Ethics
percentage basis. other services. (Mambulao Lumber Co. v. Philippine

National Bank, G.R. No. L-22973, 30 Jan. 1968)
Requisites for the Accrual of Attorney’s Fees
No court shall be bound by the opinion of attorneys
For the accrual of attorney’s fees to take place, the as expert witnesses as to the proper compensation,
S.
following requisites must be present: and may disregard such testimony and base its
conclusion on its professional knowledge. A written
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1. the existence of the attorney-client contract for services shall control the amount to be
relationship; and, paid therefor, unless found by the court to be
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2. the rendition by the lawyer of services to unconscionable or unreasonable. (Sec. 24, Rule 138,
the client. Rules of Court, as amended)
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NOTE: A pauper, while exempted from payment of Factors to consider in determining the amount
legal fees is not exempted from payment of of attorney’s fees in the absence of any fee
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attorney’s fees. (Cristobal v. Employees’ arrangement (T-I-N-S)
Compensation Commission, G.R. No. L-49280, 26 Feb.
PR
1981) 1. Time spent and the services rendered or
required. A lawyer is justified in fixing higher
Factors in determining the Attorney’s Fees fees when the case is so complicated and
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(1994, 2015 BAR) requires more time and effort in fixing it.
In determining what is fair and reasonable, a lawyer 2. Importance of subject matter. The more
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shall be guided by the following factors: (S-T-I-P-S- important the subject matter or the bigger the
N-A-C-C-C) value of the interest of the property in litigation,
the higher is the attorney’s fees.
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1. Skill demanded;
2. Time spent and the extent of the services 3. Novelty and difficulty of questions involved.
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rendered or required; When the questions in a case are novel and

3. Importance of the subject matter; difficult, greater effort, deeper study and
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4. Probability of losing other employment as a research are bound to burn the lawyer’s time
result of acceptance of the proffered case; and stamina considering that there are no local
5. Professional Standing of the lawyer; precedents to rely upon.
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6. Novelty and difficulty of the questions involved;

7. Amount involved in the controversy and the 4. Skill demanded of a lawyer. The totality of the
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benefits resulting to the client from the lawyer’s experience provides him skill and
services; competence admired in lawyers.
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8. Customary Charges for similar services and the

schedule of fees of the IBP chapter to which he Different Types of Fee Arrangements
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belongs;
9. Contingency or certainty of compensation; and 1. Retainer’s fee where the lawyer is paid for
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10. Character of the employment, whether services for an agreed amount for the case.
occasional or established. (Rule 20.01)
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a. General – the fee paid to a lawyer to

NOTE: Imposition of interest in the payment of secure his future services as general
attorney’s fees is not justified. (Funa, 2009) counsel for any ordinary legal problem
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that may arise in the routinary

Contracts for attorney’s services in this jurisdiction business of the client and referred to
stands upon an entirely different footing from other him for legal action.
contract for the payment of compensation for any
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2022 GOLDEN NOTES
b. Special – a fee for a specific case Q: Spouses de Guzman engaged the legal
handled or special service rendered by services of Atty. Rosario, Jr. as defense counsel
the lawyer for a client. If for every case in a complaint filed against them. As
there is a separate and independent represented by Atty. Rosario, Spouses de
contract for attorney's fees, each fee is Guzman won their case at all levels, from RTC to
S.
considered a special retainer. (Traders the Supreme Court. Atty. Rosario filed a Motion
Royal Bank Employees Union- to Determine Attorney's Fees. He alleged that he
S,
Independent v. NLRC and Cruz, G.R. No. had a verbal agreement with the Spouses and
120592, 14 Mar. 1997) that he would get 25% of the market value of the
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subject land if the complaint filed against them
2. The lawyer agrees to be paid per court would be dismissed. Despite the fact that he had
appearance. successfully represented them, the spouses
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refused his written demand for payment of the
3. Contingent fee where the lawyer is paid for his contracted attorney’s fees. Is Atty. Rosario
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services depending on the success of the case. entitled to recover his attorney’s fees?
This applies usually in civil suits for money or
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property where the lawyer’s fee is taken from A: YES. In the case at bench, the attorney’s fees
the award granted by the court. being claimed by the petitioner refers to the
compensation for professional services rendered,
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4. Attorney de officio. The attorney is appointed by and not as indemnity for damages. The award of
the court to defend the indigent litigant in a ₱10,000.00 made in its extraordinary concept as
criminal case. The client is not bound to pay the indemnity for damages, forms part of the judgment
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attorney for his services although he may be recoverable against the losing party and is to be
paid a nominal fee taken from a public fund paid directly to Spouses de Guzman and not to Atty.
appropriated for the purpose. Rosario. Thus, to grant petitioner’s motion to
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determine attorney’s fees would not result in a

5. Legal aid. The attorney renders legal services double award of attorney’s fees. The amount of
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for those who could not afford to engage the attorney’s fees must be based in quantum meruit.
services of paid counsel.
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Atty. Rosario served as defense counsel for Spouses

6. Quantum meruit basis. If there is no specific de Guzman for almost seventeen (17) years. Given
contract between the lawyer and the client, the the considerable amount of the time spent, the
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lawyer is paid on quantum meruit basis, that is, diligent effort exerted by Rosario, and the quality of
what the lawyer deserves for his services. work shown by him in ensuring the successful
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defense of his clients, he clearly deserves to be

NOTE: When the claim for entitlement to attorney's awarded reasonable attorney’s fees for services
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fees is contingent, but no written agreement has rendered. Justice and equity dictate that petitioner
been executed bearing the supposed contingent be paid his professional fee based on quantum
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fees, the only way to determine the same is to apply meruit. (Rosario v. de Guzman, G.R. No. 191247, 10
the principle of quantum meruit. The recovery of July 2013)
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attorney's fees on the basis of quantum meruit is a

device that prevents an unscrupulous client from Q: Concept Placement retained the services of
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running away with the fruits of the legal services of Atty. Funk. Under their retainer contract, Atty.
counsel without paying for it and it also avoids Funk is to render various legal services except
unjust enrichment on the part of the attorney litigation, quasi-judicial and administrative
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himself. (National Power Corporation v. Heirs of proceedings and similar actions for which there
Sangkay, G.R. No. 165828, 24 Aug. 2011) will be separate billings. Thereafter, Atty. Funk
represented Concept Placement in the case filed
against it for illegal dismissal. While the labor

Legal Ethics
case was still pending, Concept Placement attorney's fees. That Zuellig Pharma had to file an
terminated the services of Atty. Funk. interpleader case to consign its rental payments did
Nevertheless, Atty. Funk continued handling the not mean that Lui Enterprises was in bad faith in
case. Atty. Funk then advised Concept Placement insisting that rental payments be paid to it. (Lui
of the POEA’s favorable decision and requested Enterprises, Inc. v. Zuellig Pharma Corporation, G.R.
S.
the payment of his attorney’s fees. Concept No. 193494, 12 Mar. 2014)
Placement refused. Is Atty. Funk entitled to
S,
attorney’s fees for assisting Concept Placement Retainer
as counsel in the labor case even if the services
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of Atty. Funk were already terminated? 1. This is the act of the client by which he employs
a lawyer to manage for him a cause to which he
A: YES. The expiration of the retainer contract is a party, or otherwise to advise him as counsel.
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between the parties during the pendency of the
labor case does not extinguish the respondent’s 2. It also refers to a fee which the client pays his
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right for attorney’s fees. The Court found that while attorney whom he retains. (Pineda, 2009)
the petitioner and the respondent did not execute a
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written agreement on the fees in the labor case Retaining Fee
aside from the Retainer Agreement, the petitioner
did categorically and unequivocally admit in its A retaining fee is a preliminary fee given to an
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Compulsory Counterclaim that it has engaged the attorney or counsel to insure and secure his future
services of the respondent as its counsel for a fee of services, and induce him to act for the client. (Pineda,
₱60,000.00 etc. (Concept Placement Resources Inc. v. 2009)
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Atty. Funk, G.R. No. 137680, 06 Feb. 2004)
Kinds of Retainer Agreements on Attorney’s
Q: Lui Enterprises, Inc. and Zuellig Pharma Fees
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Corporation entered into a 10-year contract of

lease over a parcel of land. Claiming to be the 1. General Retainer (or Retaining fee). It is the
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new owner of the leased property, the fee paid to a lawyer to secure his future services
Philippine Bank of Communications asked as general counsel for any ordinary legal
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Zuellig Pharma to pay rent directly to it. Due to problem that may arise in the ordinary business
the conflicting claims of Lui Enterprises and the of the client and referred to him for legal action.
Philippine Bank of Communications over the The client pays fixed retainer fees, which could
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rental payments, Zuellig Pharma filed a be monthly or otherwise. The fees are paid
complaint for interpleader with RTC. whether or not there are cases referred to the
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lawyer.
On the award of attorney’s fees, the Court of
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Appeals sustained the trial court in its award 2. Special retainer. It is a fee for a specific or
since Zuellig Pharma was constrained to file the particular case or service rendered by the
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action for interpleader with consignation in lawyer for a client. (Pineda, 2009)
order to protect its interests. Is Zuellig Pharma
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entitled to attorney’s fees? Q: Atty. M is a partner in the law firm OMP &
Associates. C, a former classmate of Atty. M
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A: NO. The award of attorney’s fees is the exception engaged the legal services of Atty. M to handle
rather than the rule. It is not awarded to the his appeal to the Court of Appeals (CA) from an
prevailing party “as a matter of course.” In this case, adverse decision of the Regional Trial Court
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the Court of Appeals awarded attorney's fees as (RTC) in his annulment case. After the notice to
“Zuellig Pharma was compelled to litigate with third file brief was issued by the CA, Atty. M met an
persons or to incur expenses to protect its accident which incapacitated him from further
interests.” This is not a compelling reason to award engaging law practice. May Atty. P, his partner in
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2022 GOLDEN NOTES
the law firm, file the required appeal brief for C? unconscionable or unreasonable by the court;
Explain your answer. (2014 BAR) 3. The contract for attorney’s fees is void due to
purely formal matters or defects of execution;
A: It depends on whether or not C knew Atty. M to 4. The counsel, for justifiable cause, was not able
be a partner of the OMP & Associates law firm when to finish the case to its conclusion;
S.
he hired him. 5. Lawyer and client disregard the contract for
attorney’s fees; and
S,
Generally, the retainer of a member of a law firm is 6. The client dismissed his counsel before the
equivalent to the retainer of the firm itself. Thus, if termination of the case.
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the said member dealt with dies or is incapacitated
to render service, then the law firm is bound to Q: A client refuses to pay Atty. A his contracted
provide a substitute. Hence, Atty. P may file the attorney's fees on the ground that counsel did
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required brief for C. not wish to intervene in the process of effecting
a fair settlement of the case. Decide. (2001 BAR)
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On the other hand, if Atty. M was retained alone,
without the knowledge that he belonged to a law A: Rule 1.04 of the CPR provides that "a lawyer shall
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firm, P may not file the required brief without the encourage his clients to avoid, end or settle a
consent of the latter. There is no statement in the controversy if it will admit of a fair settlement". If a
problem that C knew M to be a member of the law lawyer should refuse to intervene in a settlement
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firm OMP & Associates at the time that C engaged his proceeding, his entitlement to his attorney's fees
services. may be affected. However, if he has already
rendered some valuable services to the client, he
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Q: Atty. Francisco’s retainer agreement with must be paid his attorney's fees on the basis of
RXU said that his attorney's fees in its case quantum meruit, even if it is assumed that he is
against CRP “shall be 15% of the amounts dismissed.
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collected.” Atty. Francisco asked the trial court

to issue a temporary restraining order against Instances when Counsel cannot recover the Full
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CRP but this was denied, prompting him to file a Amount despite Written Contract for
petition for certiorari with the Court of Appeals Attorneys’ Fees (2006 BAR)
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to question the order of denial. At this point,

RXU terminated Atty. Francisco’s services. When 1. When the services called for were not
the parties later settled their dispute amicably, performed as when the lawyer withdrew before
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CRP paid RXU ₱100 million. Because of this, Atty. the case was finished, he will be allowed only
Francisco came around and claimed a 15% reasonable fees;
S,
share in the amount. What should be his 2. When there is a justified dismissal of the
attorney’s fees? (2011 BAR) attorney, the contract will be nullified and
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payment will be on the basis of quantum meruit

A: A reasonable amount that the court shall fix upon only. A contrary stipulation will be invalid;
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proof of quantum meruit which means “as much as 3. When the stipulated attorney’s fees are
he deserves.” unconscionable, when it is disproportionate as
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compared to the value of services rendered and

Instances when the Measure of Quantum Meruit is revolting to human conscience;
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may be resorted to (2007, 2015 BAR) 4. When the stipulated attorney’s fees are in
excess of what is expressly provided by law;
1. There is no express contract for payment of 5. When the lawyer is guilty of fraud or bad faith
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attorney’s fees agreed upon between the lawyer toward his client in the matter of his
and the client; employment;
2. Although there is a formal contract for 6. When the counsel’s services are worthless
attorney’s fees, the stipulated fees are found because of his negligence;

Legal Ethics
7. When the contract is contrary to law, morals or Q: Rose engaged the services of Atty. Jack as
public policy; and counsel for five cases. In the Retainer
8. Serving adverse interest unless the lawyer Agreement, Rose agreed to pay Atty. Jack the
proves that it was with the consent of both amount of ₱200,000.00 as Acceptance Fee for
parties. the five cases plus an additional ₱1,500.00
S.
Appearance Fee per hearing and if damages are
Rationale behind the Rule that the Court may recovered, she would pay Atty. Jack 10% as
S,
reduce Unconscionable Attorney’s Fees success fee.
ES
1. A lawyer is primarily an officer of the court; Rose issued two checks amounting to
hence, attorney’s fees should be subject to ₱51,716.54 in favor of Atty. Jack. However,
judicial control. despite receipt of said amounts, he failed to file
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a case in one of the five cases referred to him;
2. Sound public policy demands that courts one case was dismissed due to untimely appeal;
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disregard stipulations for attorney’s fees when and another case was dismissed but he failed to
they appear to be a source of speculative profit inform Rose about it before she left for abroad.
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at the expense of the debtor or mortgagor.
(Borcena v. IAC, et. al., G.R. No. 70099, 07 Jan. Dissatisfied with the outcome of her cases she
1987) demanded from Atty. Jack the return of all the
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records she had entrusted to him however he
NOTE: A trial judge may not order the reduction of returned only two of the five cases. She filed a
the attorney’s fees on the ground that the attorney complaint charging him with violation of Canon
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is “below average standard of a lawyer.” The 16 and 16.03 of the CPR.
opinion of the judge as to the capacity of a lawyer is
not a basis of the right to a lawyer’s fees. (Fernandez Was there a violation of the said Canon by the
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v. Hon. Bello, G.R. No. L-14277, 30 Apr. 1960) respondent?

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ACCEPTANCE FEES A: NONE. From the records of the case, it was found
that four of the cases referred by Rose were filed but
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An acceptance fee is generally non-refundable, but were dismissed or terminated for causes not
such rule presupposes that the lawyer has rendered attributable to Atty. Jack; and that there was no
legal service to his client. In the absence of such probable cause to maintain the suit. No fault or
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service, the lawyer has no basis for retaining negligence can be attributed to Atty. Jack. Rose still
complainant's payment. (Martin v. Atty. Dela Cruz, owes payment of acceptance fee because she only
S,
A.C. No. 9832, 04 Sept. 2017) paid ₱51, 716.54.

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Q: B hired Atty. Z to file a replevin case against C An acceptance fee is not a contingent fee, but is an
for an agreed acceptance fee of ₱30,000.00 absolute fee arrangement which entitles a lawyer to
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which was evidenced by a written contract. After get paid for his efforts regardless of the outcome of
the complaint was filed by Atty. Z, B terminated the litigation. Dissatisfaction from the outcome of
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his services and hired a new lawyer for the same the cases would not render void the retainer
amount of attorney’s fees. How much attorney’s agreement for Atty. Jack appears to have
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fees is Atty. Z entitled to? (2014 BAR) represented the interest of Rose. (Yu v. Bondal, A.C.
No. 5534, 17 Jan. 2005)
A: Atty. Z is entitled to the entire amount of the
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attorney’s fees agreed upon because his services NOTE: The expiration of the retainer contract
were terminated by the client without just cause. between the parties during the pendency of the
(Sec. 26, Rule 138, Rules of Court, as amended) labor case does not extinguish the respondent’s
right to attorney’s fees. (Uy v. Gonzales, A.C. No. 5280,
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2022 GOLDEN NOTES
30 Mar. 2004) Limitation of the Stipulation regarding

Contingent Fee Contract
CONTINGENCY FEE ARRANGEMENTS
It must be reasonable based on the circumstance of
Contingency Fee Contract the case. Contingent fee contracts are under the
S.
supervision and close scrutiny of the court in order
One which stipulates that the lawyer will be paid for that clients may be protected from unjust charges.
S,
his legal services only if the suit or litigation ends Its validity depends on the measure of
favorably to the client. (Taganas v. NLRC, G.R. No. reasonableness of the stipulated fees under the
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118746, 07 Sept. 1995) circumstances of the case. Stipulated attorney’s fees
must not be unconscionable wherein the amount is
It is like a contract subject to a suspensive condition by far so disproportionate compared to the value of
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wherein the obligation to pay the counsel is based the services rendered as to amount to fraud
upon the outcome of the case. (Pineda, 2009) perpetrated to the client. (Sesbreno v. CA, G.R. No.
IN
117438, 08 June 1995)
A contingent fee arrangement is valid in this
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jurisdiction and is generally recognized as valid and Q: The stipulation between the lawyer and
binding but must be in an express contract. The counsel is as follows, “the attorney’s fees of the
amount of contingent fee agreed upon by the parties Atty. X will be ½ of whatever the client might
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is subject to the stipulation that counsel will be paid recover from his share in the property subject of
for his legal services only if the suit or litigation the litigation.” Is the stipulation valid?
prospers. A much higher compensation is allowed
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as contingent fee in consideration of the risk that the A: YES. The stipulation made is one of a contingent
lawyer may get nothing if the suit fails. (Rayos v. Atty. fee which is allowed by the CPE and the CPR. It does
Hernandez, G.R. No. 169079, 12 Feb. 2007) not violate the prohibition of acquisition of property
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subject of the litigation by the lawyer provided for

NOTE: If a lawyer employed on contingent basis in the Civil Code since the prohibition applies only
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dies or becomes disabled before the final to a sale or assignment to the lawyer by his client
adjudication or settlement of the case has been during the pendency of the litigation. The transfer
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obtained, he or his estate will be allowed to recover actually takes effect after the finality of the
the reasonable value of the services rendered. The judgment and not during the pendency of the case.
recovery will be allowed only after the successful As such it is valid stipulation between the lawyer
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termination of the litigation in the client’s favor and client.

(Morton v. Forsee, Ann. Cas. 1914 D. 197; Lapeña Jr.,
S,
2009; Pineda, 2009) Acceptance of an initial fee before or during the

progress of the litigation does not detract from
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Rationale for Contingent Fee Contracts the contingent nature of the fees.
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Contracts of this nature (contingent fee contract) The acceptance of an initial fee before or during the
are permitted because they redound to the benefit progress of the litigation does not detract from the
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of the poor client and the lawyer especially in cases contingent nature of the fees, as long as the bulk
where the client has meritorious cause of action, but thereof is made dependent upon the successful
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no means with which to pay for the legal services outcome of the action. (Francisco v. Matias, G.R. No.
unless he can, with the sanction of law, make a L-16349, 31 Jan. 1964)
contract for a contingent fee to be paid out of the
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proceeds of the litigation. (Rayos v. Atty. Hernandez, Q: Chester asked Laarni to handle his claim to a
G.R. No. 169079, 12 Feb. 2007) sizeable parcel of land in Quezon City against a
well-known property developer on a contingent
fee basis. Laarni asked for 15% of the land that

Legal Ethics
may be recovered or 15% of whatever monetary Q: Evangelina Masmud’s husband, the late
settlement that may be received from the Alexander, filed a complaint against his
property developer as her only fee contingent employer for non-payment of permanent
upon securing a favorable final judgment or disability benefits, medical expenses, sickness
compromise settlement. Chester signed the allowance, moral and exemplary damages, and
S.
contingent fee agreement. attorney’s fees. He engaged the services of Atty.
Go, as his counsel and agreed to pay attorney’s
S,
Assuming that the property developer settled fees on a contingent basis, as follows: 20% of
the case after the case was decided by the total monetary claims as settled or paid and an
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Regional Trial Court in favor of Chester for ₱1 additional 10% in case of appeal. The Labor
Billion. Chester refused to pay Laarni ₱150 Arbiter granted the monetary claims of
Million on the ground that it is excessive. Is the Alexander.
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refusal justified? Explain. (2008 BAR)
Eventually, after several appeals, the decision
IN
A: The refusal of Chester to pay is unjustified. A being favorable to Evangelina (substituted her
contingent fee is impliedly sanctioned by Rule deceased husband), the decision became final
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20.01(f) of the CPR. A much higher compensation is and executory. Upon motion of Atty. Go, the
allowed as contingent fees in consideration of the surety company delivered to the NLRC Cashier,
risk that the lawyer will get nothing if the suit fails. the check amounting to ₱3,454,079.20.
ZA
In several cases, the Court has indicated that a
contingent fee of 30% of the money or property that Thereafter, Atty. Go moved for the release of the
may be recovered is reasonable. Moreover, although said amount to Evangelina. Out of the said
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the developer settled the case, it was after the case amount, Evangelina paid Atty. Go the sum of
was decided by the RTC in favor of Chester, which ₱680,000.00. Dissatisfied, Atty. Go filed a motion
shows that Atty. Laarni has already rendered to record and enforce the attorney’s lien alleging
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service to the client. that Evangelina reneged on their contingent fee

agreement. Evangelina manifested that Atty.
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Q: Assuming that there was no settlement and Go’s claim for attorney’s fees of 40% of the total
the case eventually reached the Supreme Court monetary award was null and void based on
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which promulgated a decision in favor of Article 111 of the Labor Code. Is her contention
Chester. correct?
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(This time) Chester refused to convey to Laarni A: NO. Art. 111 of the Labor Code provides that in
15% of the litigated land as stipulated on the cases of unlawful withholding of wages, the culpable
S,
ground that the agreement violates Article 1491 party may be assessed attorney's fees equivalent to
of the Civil Code, which prohibits lawyers from ten percent of the amount of the wages recovered.
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acquiring by purchase properties and rights,

which are the object of litigation in which they Contrary to Evangelina’s proposition, the
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take part by reason of their profession. Is the aforementioned provision deals with the
refusal justified? Explain. (2008 BAR) extraordinary concept of attorney’s fees. It
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regulates the amount recoverable as attorney's fees

A: Chester’s refusal is not justified. A contingent fee in the nature of damages sustained by and awarded
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arrangement is not covered by Art. 1491 of the Civil to the prevailing party. It may not be used as the
Code, because the transfer or assignment of the standard in fixing the amount payable to the lawyer
property in litigation takes effect only upon finality by his client for the legal services he rendered.
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of a favorable judgment. (Director of Lands v. Ababa,

G.R. No. L-26096, 27 Feb. 1979; Macariola v. Asuncion, In this regard, Sec. 24, Rule 138 of the Rules of Court
A.C. No. 133-J, 31 May 1982) should be observed in determining Atty. Go’s
compensation. The said Rule provides:
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2022 GOLDEN NOTES
Sec. 24. Compensation of attorneys; Contingent vs. Champertous Contract

agreement as to fees. An attorney shall be
entitled to have and recover from his client CONTINGENT CHAMPERTOUS
no more than a reasonable compensation CONTRACT CONTRACT
for his services, with a view to the As to the Manner of Payment
S.
importance of the subject matter of the
controversy, the extent of the services Payable in kind – a
Payable in cash –
portion of the thing or
S,
rendered, and the professional standing of dependent on the
the attorney. No court shall be bound by property recovered as
success of the litigation
compensation
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the opinion of attorneys as expert
witnesses as to the proper compensation As to the Extent of Undertaking
but may disregard such testimony and base
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its conclusion on its own professional Lawyers do not Lawyers undertake to
knowledge. A written contract for services undertake to pay all pay all expenses of
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shall control the amount to be paid expenses of litigation litigation
therefor unless found by the court to be As to Validity
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unconscionable or unreasonable.
Valid Void
The retainer contract between Atty. Go and
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Evangelina provides for a contingent fee. The Q: Complainants engaged the legal services of
contract shall control in the determination of the Atty. Bañez, Jr. in connection with the recovery
amount to be paid, unless found by the court to be of their properties from Fevidal. Complainants
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unconscionable or unreasonable. The criteria found signed a contract of legal services, where it was
in the CPR are also to be considered in assessing the agreed that they would not pay acceptance and
proper amount of compensation that a lawyer appearance fees to Atty. Bañez, Jr., but that the
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should receive. (Canon 20, Rule 20.01, CPR; docket fees would instead be shared by the
Evangelina Masmud v. NLRC, et. al., G.R. No. 183385, parties. Under the contract, complainants would
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13 Feb. 2009) pay respondent 50% of whatever would be

recovered of the properties. Did Atty. Bañez, Jr
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Champertous Contract violate any canon of the CPR?
It is one where the lawyer stipulates with his client A: YES. He violated Canon 16.04 of the CPR, which
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in the prosecution of the case that he will bear all the states that lawyers shall not lend money to a client,
expenses for the recovery of things or property except when in the interest of justice, they have to
S,
being claimed by the client, and the latter agrees to advance necessary expenses in a legal matter they
pay the former a portion of the thing or property are handling for the client. He violated such canon
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recovered as compensation. (Baltazar et al. v. Bañez, because the contract for legal services he has
A.C. No. 9091, 11 Dec. 2013)
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executed with complainants is in the nature of a

champertous contract –an agreement whereby an
A champertous contract is considered VOID. attorney undertakes to pay the expenses of the
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proceedings to enforce the client’s rights in

It is void due to public policy, because it would make exchange for some bargain to have a part of the
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him acquire a stake in the outcome of the litigation thing in dispute. (Baltazar et. al. v. Atty. Bañez,
which might lead him to place his own interest Jr., A.C. No. 9091, 11 Dec. 2013)
above that of the client. (Bautista v. Gonzales, A.M.
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No. 1625, 12 Feb. 1990) Q: The contract of attorney's fees entered into by
Atty. Quintos and his client, Susan, stipulates
that if a judgment is rendered in favor of the
latter, Atty. Quintos gets 60% of the property

Legal Ethics
recovered as contingent fee. In turn, he will and damages with writ of preliminary
assume payment of all expenses of the litigation. injunction.
May Atty. Quintos and Susan increase the
amount of the contingent fee to 80%? (2006 The said case reached the Supreme Court which
BAR) ruled that both the agreement and Ordinance No.
S.
121, as amended, were declared null and void.
A: NO. Atty. Quintos and Susan cannot agree to The service of Atty. Roxas of RGR & Associates,
S,
increase the amount of the contingent fee to 80% the counsel of RREC was terminated by the latter
because the agreement is champertous. Even if after filing a complaint and motion for inhibition
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there is no champertous provision present, the against three justices and sheriff who nullified
contingent fee of 80% of the property recovered the Writ of Execution and Sheriff De Jesus'
could still be considered as unconscionable, because Notice alleging misconduct without RREC’S
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it is so disproportionate as to indicate that an unjust authority.
advantage had been taken of the client, and is
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revolting to human conscience. Contracts for Despite his termination as counsel, Atty. Roxas
attorney's fees are always subject to control by the continues to insist that he is RREC's legal
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courts. counsel. He subsequently filed a Pro Hac Vice
Petition in his personal capacity and without
Q: A inherited a parcel of land situated in RREC's authority, Atty. Roxas asserts that RGR &
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Batasan Hills which is occupied by informal Associates is RREC's rightful counsel. And that
settlers. He wanted to eject the occupants, but he the termination of RGR & Associates' legal
has no financial means to pursue the ejectment services was made in bad faith. RREC's
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case. He contracted the services of Atty. B, who engagement with his firm was made allegedly on
agreed to defray all the expenses of the suit on a contingent or a 'no cure, no pay' basis.
the condition that he will be paid one-half of the
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property to be recovered as his compensation. Atty. Roxas claims that he was RREC's lawyer for
What is this kind of attorney’s fees? Can Atty. B more than 20 years. He shouldered its litigation
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enforce this contract against A? What are the expenses "at all levels of the judiciary" Thus,
respective remedies relative to the collection of Atty. Roxas alleges that RGR & Associates'
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attorney’s fees, if any, of A and Atty. B against engagement with RREC, being one coupled with
each other? (2014 BAR) interest, was irrevocable. Is he correct?
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A: This is a champertous contract and not a A: NO. Even assuming Atty. Roxas pursued RREC’s
contingent contract. In the problem, Atty. B defrays case at his firm’s expense and on a contingent basis,
S,
all the expenses for litigation and gets 50% of the the court cannot allow such an agreement. An
property to be recovered as his compensation. This agreement of this nature is champertous and void
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has the characteristics of a champertous contract. for being against public policy.
Hence, void for being contrary to public policy. The
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legal profession exists to serve the ends of justice In Nocom v. Camerino, A champertous contract is
and is not to be conducted as a business enterprise. defined as a contract between a stranger and a party
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Since the contract is void, Atty. B cannot enforce it to a lawsuit, whereby the stranger pursues the
against A but A has a cause of action against Atty. B party’s claim in consideration of receiving part or
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for unethical conduct. any of the proceeds recovered under the judgment;
a bargain by a stranger with a party to a suit, by
Q: RREC entered into an agreement with Pasay which such third person undertakes to carry on the
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City for the reclamation of the foreshore lands litigation at his own cost and risk, in consideration
along Manila Bay. Subsequently, the Republic of of receiving, if successful, a part of the proceeds or
the Philippines sued for recovery of possession subject sought to be recovered.
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2022 GOLDEN NOTES
As officers of the court, lawyers should not exploit Attorney’s Charging Lien
nor take advantage of their client’s weaknesses.
Rule 16.04 of the CPR prohibits a lawyer from A charging lien is the right of a lawyer to the same
lending money to a client except, when in the extent upon all judgments for the payment of money,
interest of justice, he or she has to advance and executions issued in pursuance of such
S.
necessary expenses in a legal matter he or she is judgments which he has secured in a litigation of his
handling for the client. The case of Bautista v. client, from and after the time when he shall have
S,
Gonzales has settled that although a lawyer may, in caused a statement of his claim of such lien to be
good faith, advance the expenses of litigation, the entered upon the records of the court rendering
ES
same should be subject to reimbursement. Thus, such judgment, or issuing such execution, and shall
absent a reimbursement agreement, the have caused written notice thereof to be delivered
champertous contract is void. Lawyers who obtain to his client and to the adverse party; and he shall
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an interest in the subject matter of litigation create have the same right and power over such judgments
a conflict-of-interest situation with their clients and and executions as his client would have to enforce
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thereby directly violate the fiduciary duties they his lien and secure the payment of his fees and
owe their clients. (Roxas vs. Republic Real Estate disbursements. (Sec. 37, Rule 138)
PR
Corporation, G.R. No. 2082015, 01 June 2016)
NOTE: The provision permits the registration of an
ATTORNEY’S LIENS attorney's lien, although the lawyer concerned does
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not finish the case successfully in favor of his client,
Attorney’s Retaining Lien because an attorney who quits or is dismissed
before the conclusion of his assigned task is as much
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A retaining lien is the right of an attorney to retain entitled to the protection of the rule. Otherwise, a
the funds, documents and papers of his client which client may easily frustrate its purpose. (Palanca v.
have lawfully come into his possession and may Pecson, G.R. Nos. L-6334 and L-6346, 25 Feb. 1954)
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retain the same until his lawful fees and

disbursements have been paid and may apply such Elements for Exercise of Charging Lien
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funds to the satisfaction thereof. (Vda. De Caiña, et (A-S-Mo-CA-R)

al. v. Victoriano et al., G.R. No. L-12905, 26 Feb. 1959)
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1. Attorney-client relationship;
NOTE: A lawyer is not entitled to unilaterally 2. Legal Services was rendered;
appropriate his client’s money for himself by the 3. Favorable Money judgment secured by the
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mere fact alone that the client owes him attorney’s counsel for his client;
fees. (Rayos v. Hernandez, G.R. No. 169079, 12 Feb. 4. The attorney has a Claim for Attorney’s fees or
S,
2007) advances; and

5. A statement of the claim has been duly
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Elements for the exercise of retaining lien Recorded in the case with notice thereof served
(A-L-U) upon the client and the adverse party.
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1. Attorney-client relationship; NOTE: A charging lien, to be enforceable as a

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2. Lawful possession by the lawyer of the client’s security for the payment of attorney’s fees, requires
funds, documents and papers in his as a condition sine qua non a judgment for money
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professional capacity; and and execution in pursuance of such judgment

3. Unsatisfied claim for attorney’s fees or secured in the main action by the attorney in favor
disbursements. (Miranda v. Atty. Carpio, A.C. No. of his client. (Rolloza et al. v. Eastern
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6281, 26 Sept. 2011; Ampil v. Judge Agrava, G.R. Telecommunications Phils., Inc. G.R. No. 104600, 02
No. L-27394, 31 July 1970) July 1999; MEBTC v. CA, G.R. No. 86100-03, 23
January 1990)

Legal Ethics
Retaining Lien vs. Charging Lien As to Applicability
1. Retaining Lien. It refers to the right of the Generally, exercised

attorney to retain the funds, documents, and May be exercised
only when the attorney
papers of his client which have lawfully come before judgment or
S.
had already secured a
into his possession until his lawful fees and execution or
favorable judgment for
disbursements have been paid and to apply regardless thereof.
his client.
S,
such funds to the satisfaction thereof.
As to Extinguishment
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2. Charging Lien. It is the right which the attorney
has upon all judgments for the payment of When client loses
When possession
money, and executions issued in pursuance of action as lien may only
lawfully ends as when
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said judgments, which he has secured in be enforced against
lawyer voluntarily
litigation of his client. judgment awarded in
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parts with funds,
favor of client,
documents, and papers
NOTE: Under this rule, this lien, whether retaining proceeds
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of client or offers them
or charging, takes legal effect only from and after, thereof/executed
as evidence.
but not before, notice of said lien has been entered thereon.
in the record and served on the adverse party. (Vda.
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De Caiña, et al. v. Victoriano et al., G.R. No. L-12905, Q: Upon being replaced by Justice C, Atty. B, the
26 Feb 1959) former counsel of the parents of the victims of
the OZONE Disco tragedy, was directed to
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RETAINING LIEN CHARGING LIEN forward all the documents in his possession to
As to Nature Justice C. Atty. B refused, demanding full
compensation pursuant to their written
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Being a passive lien, it It is an active lien contract. Sensing that a favorable judgment was
cannot be actively which can be enforced forthcoming, Atty. B filed a motion in court
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enforced. It is a general by execution. It is a relative to his attorney’s fees, furnishing his

lien. special lien. former clients with copies thereof. Is Atty. B
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legally and ethically correct in refusing to turn

As to Basis
over the documents and in filing the motion?
Lawful possession of Explain. (1996 BAR)
Securing of a favorable
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papers, documents,
money judgment for
property belonging to A: YES. He is entitled to a retaining lien which gives
client.
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the client. him the right to retain the funds, documents and
As to Coverage papers of his client which have lawfully come to his
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possession until his lawful fees and disbursement

Papers, documents,
All judgments for the have been paid. (Sec. 37, Rule 138; Rule 16.03, CPR)
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and properties in the

payment of money and
lawful possession of
execution issued in He is also legally and ethically correct in filing a
the attorney by reason
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pursuance of such motion in court relative to his fees. He is entitled to

of his professional
judgment. a charging lien upon all judgments for the paying of
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employment.
money, and executions issued in pursuance of such
As to Effect judgments, which he has secured in a litigation of his
client, from and after the time when the records of
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As soon as the attorney As soon as the claim for

the court rendering such judgment or issuing such
gets possession of attorney’s fees
execution.
papers, documents, or had been entered into
property. the records of the case.
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2022 GOLDEN NOTES
Q: M engaged the services of Atty. D to prosecute CPE). A contingent fee agreement does not violate
his annulment of marriage case in the Regional Article 1491 of the Civil Code, because the transfer
Trial Court. After a long-drawn trial, Atty. D was or assignment of the property in litigation takes
able to secure a favorable judgment from the effect only after the finality of a favorable judgement
court. Unfortunately, M has failed to pay in full (Director of Lands v. Ababa, et al., G.R. No. L-26096,
S.
the stipulated attorney’s fees of Atty. D. How can 27 Feb. 1979). This property ceases to be property
Atty. D collect his fees from M? Discuss fully. in litigation.
S,
(2014 BAR)
FEES AND CONTROVERSIES WITH CLIENTS
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A: D can exercise the remedy of retaining lien over
the documents and other pieces of evidence which RULE 20.02, CANON 20
have lawfully come to his possession, under Sec. 37, A lawyer shall, in cases of referral, with the
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Rule 138 of the Revised Rules of Court. The payment consent of the client, be entitled to a division of
of attorney's fee is based on the services rendered fees in proportion to the work performed and
IN
and not dependent on the success or failure of the responsibility assumed.
case.
PR
NOTE: This is not in the nature of a broker’s
Q: For services to be rendered by Atty. Hamilton commission.
as counsel for Gener in a civil case involving the
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recovery of the ownership and possession of a Lawyer-Referral System
parcel of land with an area of 5,000 square
meters, the two of them agreed on a success fee Under this system, if another counsel is referred to
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for Atty. Hamilton of ₱50,000.00 plus 500 the client, and the latter agrees to take him as
square meters of the land. TC rendered collaborating counsel, and there is no express
judgment in favor of Gener, which became final agreement on the payment of attorney’s fees, the
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and executory. After receiving ₱50,000.00, Atty. said counsel will receive attorney’s fees in
Hamilton demanded the transfer to him of the proportion to the work performed and
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promised 500 square meters of the land. responsibility assumed. The lawyers and the client
may agree upon the proportion but in case of
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Instead of complying, Gener brought an disagreement, the court may fix the proportional
administrative complaint charging Atty. division of fees. (Lapeña Jr., 2009)
Hamilton with violation of the Code of
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Professional Responsibility and Art. 1491(5) of This rule makes it improper for a lawyer to receive
the Civil Code for demanding the delivery of a compensation for merely recommending another
S,
portion of the land subject of the litigation. Is lawyer to his client, otherwise, it would tend to
Atty. Hamilton liable under the Code of germinate commercialism and destroy proper
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Professional Responsibility and the Civil Code? appreciation of professional responsibility. The
(2017 BAR) referral of a client by a lawyer to another lawyer
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does not entitle the former to a commission nor to a

A: Atty. Hamilton is not liable under the Code of portion of the attorney's fees. It is only when, in
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Professional Responsibility and Civil Code. The addition to referral, he performs legal service or
agreement between Atty. Hamilton and his client, assumes responsibility, thus, he will be entitled to a
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Gener, is a contingent fee contract because it is fee. (Agpalo, 2009)

based on the success of the litigation. The fee is a
success fee of P50,000.00 plus 500 sq. m. of the land
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involved in the case that he was handling. This is a

contingent fee contract which is recognize as one of
the criteria for determining the amount of the
attorney’s fees (Rule 20.01, Canon 20, CPR; Canon 13,

Legal Ethics
RULE 20.03, CANON 20 and even against his protest as what happened in
A lawyer shall not, without the full knowledge the present case.
and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or In labor cases such as this one, where the company
forwarding allowance or other compensation grants the same salary increase to non-union
S.
whatsoever related to his professional supervisory employees similar to the rank-and-file
employment from anyone other than the employees who were the clients of the lawyer, it is
S,
client. (1997, 2003 BAR) not because of the special efforts of the latter’s
lawyer that the non-union supervisory employees
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It is intended to secure the fidelity of the lawyer to benefited but because of the company’s policy of
his client’s cause and to prevent a situation in which non-discrimination.
the receipt by him of a rebate or commission from
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another with the client’s business may interfere The lawyer is not entitled to claim attorney’s fees
with the full discharge of his duty to his client. from the supervisors for the benefits they received.
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(Report of the IBP Committee) (Orosco v. Hernaez, G.R. No. L-541&9, 02 Dec. 1901)
PR
There should be no room for suspicion on the part RULE 20.04, CANON 20
of the client that his lawyer is receiving a fee, reward, A lawyer shall avoid controversies with clients
commission, or compensation from third parties concerning his compensation and shall resort
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with hostile interests. (Agpalo, 2009) to judicial action only to prevent imposition,
injustice or fraud. (1998 BAR)
GR: Fees shall be received from the client only.
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GR: A lawyer should avoid the filing of any case
XPN: A lawyer may receive compensation from a against a client for the enforcement of attorney’s
person other than his client when the latter has full fees.
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knowledge and approval thereof. (Sec. 20(e), Rule

138, Rules of Court, as amended) NOTE: The legal profession is not a money-making
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trade but a form of public service. Lawyers should

Q: Atty. X, lawyer of a labor union of rank-and- avoid giving the impression that they are
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file employees succeeded in the negotiation of a mercenaries (Perez v. Scottish Union and National
collective bargaining agreement for the rank- Insurance Co., C.A. No. 8977, 22 Mar. 1946). It might
and-file employees by virtue of which salary even turn out to be unproductive for him for
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increase was received by the rank-and-file potential clients are likely to avoid a lawyer with a
employees. At the same time the employer reputation of suing his/her clients.
S,
granted salary increase to supervisory

employees who were not members of the union. XPNs:
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Atty. X now seeks to collect from the non-

supervisory employees’ attorney’s fees for this 1. To prevent imposition
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increase in salaries. Is he entitled to such fees? 2. To prevent injustice

3. To prevent fraud. (Rule 20.04, CPR)
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A: NO. Atty. X is not entitled to collect attorney’s fees

from the non-union supervisory employees. A NOTE: A client may enter into a compromise
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lawyer who rendered services to a party, who did agreement without the intervention of the lawyer,
not employ him nor authorize his employment, but the terms of the agreement should not deprive
cannot recover compensation even if his services the counsel of his compensation for the professional
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have redounded to the benefit of such party. services he had rendered. If so, the compromise
Otherwise, anyone might impose obligations upon shall be subjected to said fees. If the client and the
another without the latter’s knowledge or consent, adverse party who assented to the compromise are
found to have intentionally deprived the lawyer of
`
2022 GOLDEN NOTES
his fees, the terms of the compromise, insofar as 6. Judgment debtor has fully paid all of the
they prejudice the lawyer, will be set aside, making judgment proceeds to the judgment creditor
both parties accountable to pay the lawyer’s fees. and the lawyer has not taken any legal step to
But in all cases, it is the client who is bound to pay have his fees paid directly to him from the
his lawyer for his legal representation. (Atty. Gubat judgment proceeds; and
S.
v. NPC, G.R. No. 167415, 26 Feb. 2010) 7. Failure to exercise charging Lien.
S,
How Lawyers claim Attorney's Fees Effects of the Nullity of Contract on the Right to
Attorney’s Fees
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1. In the same action in which the services of a
lawyer had been rendered. Here, the remedy for If the nullification is due to:
recovering attorney’s fees as an incident of the
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main action may be availed of only when 1. Illegality of its object. The lawyer is precluded
something is due to the client. Attorney’s fees from recovering.
IN
cannot be determined until after the main 2. Formal defect (or because the court has
litigation has been decided and the subject of found the amount to be unconscionable).
PR
the recovery is at the disposition of the court. The lawyer may recover for any services
The issue over attorney’s fees only arises when rendered based on quantum meruit.
something has been recovered from which the
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fee is to be paid. Kinds of Lawyer (according to services rendered
and the compensation they are entitled to)
2. In a separate action.
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1. Counsel de parte. He is entitled to the
Note: While a claim for attorney’s fees may be filed reasonable attorney’s fees agreed upon, or in
before the judgment is rendered, the determination the absence thereof, on quantum meruit basis.
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as to the propriety of the fees or as to the amount

thereof will have to be held in abeyance until the 2. Counsel de officio. He may not demand from
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main case from which the lawyer’s claim for the accused attorney’s fees even if he wins the
attorney’s fees may arise has become final. case. He may, however, collect from the
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Otherwise, the determination to be made by the government funds, if available based on the
courts will be premature. Of course, a petition for amount fixed by the court.
attorney’s fees may be filed before the judgment in
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favor of the client is satisfied or the proceeds thereof 3. Amicus Curiae – He is not entitled to attorney’s
delivered to the client. (Rosario, Jr. v. De Guzman et. fees.
S,
al., G.R. No. 191247, 10 July 2013)

CONCEPTS OF ATTORNEY’S FEES
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Instances when an Independent Civil Action to

recover Attorney’s Fees is necessary 1. Ordinary Attorney's Fee. The reasonable
LL
compensation paid to a lawyer by his client for

1. Main action is dismissed or nothing is awarded; the legal services he has rendered to the latter.
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2. Court has decided that it has no jurisdiction (Ortiz v. San Miguel Corporation, G.R. No.
over the action or has already lost it; 151983-84, 31 July 2008)
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3. Person liable for attorney’s fees is not a party to

the main action; NOTE: The basis for this compensation is the
4. Court reserved to the lawyer the right to file a fact of his employment by and his agreement
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separate civil suit for recovery of attorney’s with the client.

fees;
5. Services for which the lawyer seeks payment 2. Extraordinary Attorney's Fee. An indemnity
are not connected with the subject litigation; for damages ordered by the court to be paid by

Legal Ethics
the losing party in litigation. (Ortiz v. San Miguel vision of which is justice. It is the lawyer’s
Corporation, G.R. No. 151983-84, 31 July 2008) despicable behavior in the case at bar which gives
lawyering a bad name in the minds of some people.
NOTE: The basis for this is any of the cases The vernacular has a word for it: nagsasamantala.
provided for by law where such award can be
S.
made, such as those authorized in Article 2208 The practice of law is a decent profession and not a
of the Civil Code, and is payable to the client, not money-making trade. Compensation should be but
S,
to the lawyer unless they have agreed that the a mere incident. (Pineda v. de Jesus, G.R. No. 155224,
award shall pertain to the lawyer as additional 23 Aug. 2006)
ES
compensation or as part thereof.
Extra-Ordinary Concept of Attorney’s Fees
Ordinary Concept of Attorney’s Fees
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GR: Attorney’s fees as damages are not recoverable.
Q: Aurora Pineda filed an action for declaration An adverse decision does not ipso facto justify their
IN
of nullity of marriage against Vinson Pineda, award in favor of the winning party. (Garcia v.
who was represented by Attys. Clodualdo de Gonzales, G.R. No. L-48184, 12 Mar. 1990)
PR
Jesus, Carlos Ambrosio and Emmanuel Mariano.
The marriage was subsequently declared null XPNs: Attorney’s fees as damages may be awarded
and void. in the following circumstances:
Throughout the proceedings, counsels and their

relatives and friends availed of free products
1.
2. ZA
When there is an agreement;
When exemplary damages are awarded;
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and treatments from Vinson’s dermatology 3. When defendant’s action or omission
clinic. This notwithstanding, they billed him compelled plaintiff to litigate;
additional legal fees amounting to ₱16.5 million 4. In criminal cases of malicious prosecution:
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which he, however, refused to pay. a. Plaintiff was acquitted; and

b. The person who charged him knowingly
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Instead, he issued them several checks totaling made the false statement of facts or that the
₱1.12 million as full payments as settlement. filing was prompted by sinister design to
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Still not satisfied, the three lawyers filed in the vex him;
same court a motion for payment of lawyers' 5. When the action is clearly unfounded;
fees for ₱50 million, which is equivalent to 10% 6. When defendant acted in gross and evident bad
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of the value of the properties awarded to Pineda faith;

in the case. Is their claim justified? 7. In actions for support;
S,
8. In cases of recovery of wages;

A: NO. Clearly, what they were demanding was 9. In actions for indemnity under workmen’s
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additional payment for legal services rendered in compensation and employee’s liability laws;
the same case. Demanding ₱50 million on top of the 10. In a separate civil action arising from a crime;
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generous sums and perks already given to them was 11. When at least double costs are awarded (costs
an act of unconscionable greed. They could not of suit does not include attorney’s fees);
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charge Pineda a fee based on percentage, absent an 12. When the court deems it just and equitable; or,
express agreement to that effect. The payments to 13. When a special law so authorizes. (Art. 2208,
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them in cash, checks, free products and services NCC)

from Pineda’s business more than sufficed for the
work they did. The full payment for settlement Rationale why that the Court shall state the
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should have discharged Vinson's obligation to them. Reason for the Award of Attorney’s Fees in in its
Decision
As lawyers, they should be reminded that they are
members of an honorable profession, the primary It is necessary for the court to make findings of facts
`
2022 GOLDEN NOTES
and law that would bring the case within the PRESERVATION OF CLIENT’S CONFIDENCES
exception and justify the award of attorney’s fees
since the grant is an exception, rather than the CANON 21
general rule. (Agustin v. CA, G.R. No. 84751, 06 June A lawyer shall preserve the confidence and
1990) secrets of his client even after the attorney-
S.
client relation is terminated.
NOTE: Attorney’s fees must be specifically prayed
S,
for and proven and justified in the decision itself The protection given to the client is perpetual and
(Trans-Asia Shipping Lines, Inc. v. CA, G.R. No. 118126, does not cease with the termination of the litigation
ES
04 Mar. 1996). nor is affected by the party ceasing to employ the
attorney and employ another or any other change of
relation between them. It even survives the death of
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the client (Bun Siong Yao v. Aurelio, A.C. No. 7023, 30
Mar. 2006).
IN
PROHIBITED DISCLOSURES AND USE
PR
A lawyer shall not reveal the confidences or
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secrets of his client except:
a. When authorized by the client after

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acquainting him of the consequences
of the disclosure;
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b. When required by law;

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c. When necessary to collect his fees or to

defend himself, his employees or
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associates or by judicial action.
GR: A lawyer shall not reveal the confidences and

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secrets of his client.

S,
NOTE: An attorney or person reasonably believed

by the client to be licensed to engage in the practice
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of law cannot, without the consent of the client, be

examined as to any communication made by the
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client to him or her, or his or her advice given

thereon in the course of, or with a view to,
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professional employment, nor can an attorney’s

secretary, stenographer, or clerk, or other persons
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assisting the attorney be examined, without the

consent of the client and his or her employer,
concerning any fact the knowledge of which has
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been acquired in such capacity. (Sec. 24(b), Rule 130,

Rules of Court, as amended)

Legal Ethics
XPNs: RULE 21.05, CANON 21

A lawyer shall adopt such measures as may be
1. When authorized by his client after acquainting required to prevent those whose services are
him of the consequences of the disclosure; utilized by him, from disclosing or using
confidences or secrets of the client.
S.
NOTE: The only instance where the waiver of
the client alone is insufficient is when the RULE 21.06, CANON 21
S,
person to be examined regarding any privileged A lawyer shall avoid indiscreet conversation
communication is the attorney’s secretary, about a client’s affairs even with members of
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stenographer or clerk or other persons his family.
assisting the attorney, in respect to which, the
consent of the attorney is likewise necessary. RULE 21.07, CANON 21
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A lawyer shall not reveal that he has been
2. When required by law; or, consulted about a particular case except to
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3. When necessary to collect his fees or to defend avoid possible conflict of interest.
himself, his employees by judicial action.
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Q: Bun Siong Yao is a majority stockholder of
NOTE: Payment of retainer fee is not essential Solar Farms & Livelihood Corporation and Solar
before an attorney can be required to safeguard a Textile Finishing Corporation. Atty. Leonardo
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prospective client’s secret acquired by the attorney Aurelio is also a stockholder and the retained
during the consultation with the prospective client, counsel of both the corporation and Bun Siong
even if the attorney did not accept the employment. Yao. The latter purchased several parcels of land
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(Pineda, 2009) using his personal funds which were registered
in the name of the corporations upon the advice
Instances when a Lawyer may testify as a of Atty. Aurelio.
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Witness in a Case which he is handling for a

Client After a disagreement between Atty. Aurelio and
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Bun Siong Yao’s wife, the former demanded the

1. On formal matters, such as the mailing, return of his investment in the corporations.
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authentication or custody of an instrument and When Yao refused to pay, he filed 8 charges for
the like; estafa and falsification of commercial
2. Acting as an expert on his fee; documents against Yao, his wife and the other
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3. Acting as an arbitrator; officers of the corporation. Yao alleged that the

4. Depositions; and series of suits is a form of harassment and
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5. On substantial matters in cases where his constitutes an abuse of the confidential

testimony is essential to the ends of justice, in information which Atty. Aurelio obtained by
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which event he must, during his testimony, virtue of his employment as counsel. Did Atty.
entrust the trial of the case to another counsel. Aurelio abuse the confidential information he
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obtained by virtue of his employment as

RULE 21.02, CANON 21 counsel?
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A lawyer shall not, to the disadvantage of his

client, use information acquired in the course A: YES. The long-established rule is that an attorney
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of employment, nor shall he use the same to his is not permitted to disclose communications made
own advantage or that of a third person, to him in his professional character by a client,
unless the client with full knowledge of the unless the latter consents. Atty. Aurelio took
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circumstances consents thereto. advantage of his being a lawyer in order to get back
at Yao. In doing so, he has inevitably utilized
information he has obtained from his dealings with
Yao and Yao's companies for his own end.
`
2022 GOLDEN NOTES
Lawyers cannot be allowed to exploit their NOTE: Confidential information can be obtained
profession to exact vengeance or to use it as a tool even against government agencies and
for instigating hostility against any person instrumentalities. (Funa, 2009)
especially against a client or former client. (Bun
Siong Yao v. Aurelio, A.C. No. 7023, 30 Mar. 2006) DISCLOSURE, WHEN ALLOWED
S.
Acts punished under Art. 209 of the Revised RULE 21.04, CANON 21
S,
Penal Code (Betrayal of Trust by Attorney) A lawyer may disclose the affairs of a client of
the firm to partners or associates thereof
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1. By causing damage to his client, either: unless prohibited by the client.
a. by any malicious breach of
professional duty; or Professional employment of a law firm is equivalent
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b. by inexcusable negligence or to retainer of members thereof. In a law firm,
ignorance; partners or associates usually consult one another
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involving their cases and some work as a team.
2. By revealing any of the secrets of his clients Consequently, it cannot be avoided that some
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learned by him in his professional capacity; or, information about the case received from the client
may be disclosed to the partners or associates.
3. By having undertaken the defense of a client or (Agpalo, 2009)
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having received confidential information from
said client in a case, shall undertake the defense Q: In need of legal services, Niko secured an
of the opposing party in the same case, without appointment to meet with Atty. Henry of HENRY
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the consent of his first client. & MEYER LAW OFFICES. During the meeting,
Niko divulged highly private information to Atty.
RULE 21.03, CANON 21 Henry, believing that the lawyer would keep the
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A lawyer shall not, without the written consent confidentiality of the information.
of his client, give information from his files to Subsequently, Niko was shocked when he
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an outside agency seeking such information learned that Atty. Henry had shared the
for auditing, statistical, bookkeeping, confidential information with his law partner,
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accounting, data processing, or any other Atty. Meyer, and their common friend, private
similar purposes. practitioner Atty. Canonigo. When confronted,
Atty. Henry replied that Niko never signed any
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Q: Certain government officers, armed with a confidentiality agreement, and that he shared
search warrant duly issued, seized among other the information with the two lawyers to secure
S,
things, a filing cabinet belonging to Atty. X. In affirmance of his legal opinion on

seeking the return of the cabinet, Atty. X claimed Niko’s problem. Did Atty. Henry violate any rule
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that the cabinet contained documents and of ethics? Explain fully. (2008 BAR)
articles belonging to his clients but the
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government refused to return the cabinet. Atty. A: YES. Atty. Henry violated Canon 21 of the CPR by
X petitioned the court which issued the warrant, sharing information obtained from his client Niko
praying that the agents be prohibited from
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with Atty. Canonigo. Canon 20 provides that “a

opening the cabinet. Should Atty. X’s petition be lawyer shall preserve the confidences or secrets of
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given due course? his client even after the attorney-client relationship
is terminated.”
A: YES. The lower court cannot order the opening of
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said cabinet. To do so is in violation of his rights as The fact that Atty. Canonigo is a friend from whom
an attorney. It would be tantamount to compelling he intended to secure legal opinion on
him to disclose his client’s secrets. (Lapeña Jr., 2009) Niko’s problem, does not justify such disclosure. He
cannot obtain a collaborating counsel without the

Legal Ethics
consent of the client. (Rule 18.01, CPR) WITHDRAWAL OF SERVICES
On the other hand, Atty. Henry did not violate Canon CANON 22
21 in sharing information with his partner Atty. A lawyer shall withdraw his services only for
Meyer. Rule 21.04 of the CPR specifically provides good cause and upon notice appropriate in the
S.
that “a lawyer may disclose the affairs of a client of circumstances.
the firm to partners or associates thereof
S,
unless prohibited by the client.” Right to Withdraw
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Atty. Henry was not prohibited from disclosing the GR: A lawyer lacks the unqualified right to
affairs of Niko with the members of his law firm. The withdraw once he has taken a case. By his
employment of a member of a firm is generally acceptance, he has impliedly stipulated that he will
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considered as employment of the firm itself. (Hilado prosecute the case to its conclusion. This is
v. David, G.R. No. L-961, 21 Sept. 1949) especially true when such withdrawal will work
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injustice to a client or frustrate the ends of justice.
Q: Atty. X was hired by Mr. D to draft the demand (Agpalo, 2009)
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letters and complaint-affidavit charging Mr. A of
estafa. However, Atty. X later on represented Mr. XPNs: The right of a lawyer to retire from the case
A in the similar case. Consequently, Atty. X was before its final adjudication arises only from:
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charged with violating the CPR for representing
conflicting interests. Atty. Y contends that his 1. the client’s written consent; or,
lawyer-client relationship with Mr. D ended 2. by permission of the court after due notice and
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when he and his group entered into the hearing.
compromise settlement. Is his contention
correct? Instances when a Lawyer may withdraw his
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Services without the Consent of his Client (Rule

A: NO. Atty. X’s contention is not correct. The 22.01, Canon 22) (I-V-I-M-F-E-C-O)
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lawyer-client relationship did not terminate as of

the date of the compromise agreement. He still 1. When the client pursues an Illegal or immoral
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needed to oversee the implementation of the course of conduct in connection with the matter
settlement and to proceed with the criminal cases he is handling;
until they were dismissed or otherwise concluded 2. When the client insists that the lawyer pursue
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by the trial court. conduct in Violation of these canons and rules;

3. When his Inability to work with co-counsel will
S,
It is also relevant to indicate that the execution of a not promote the best interest of the client;
compromise settlement in the criminal cases did 4. When the Mental or physical condition of the
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not ipso facto cause the termination of the cases not lawyer renders it difficult for him to carry out
only because the approval of the compromise by the the employment effectively;
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trial court was still required, but also because the 5. When the client deliberately Fails to pay the
compromise would have applied only to the civil fees for the services or fails to comply with the
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aspect, and excluded the criminal aspect pursuant retainer agreement;

to Article 2034 of the Civil Code. (Samson v. Era, A.C. 6. When the lawyer is Elected or appointed to a
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No. 6664, 16 July 2013) public office;

7. Other similar cases (Rule 22.01, CPR); and,
8. When there is Conflict of interest.
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`
2022 GOLDEN NOTES
Hot Potato Rule Q: Can a client discharge the services of his

lawyer without a cause? (1994, 1997, 1998 BAR)
GR: A lawyer may not unreasonably withdraw from
representing a client. A: YES. A client has the right to discharge his
attorney at any time with or without a cause or even
S.
XPN: Withdrawal may be allowed if there is a against his consent.
conflict of interests arising from circumstances
S,
beyond the control of the lawyer or the law firm. 1. If with just cause, the lawyer is not necessarily
(Black’s Law Dictionary, 9th edition) deprived of his right to be paid for his services.
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He may only be deprived of such right if the
NOTE: In numbers 1 to 5 mentioned above, the cause for his dismissal constitutes in itself a
lawyer must file a written motion with an express sufficient legal obstacle for recovery.
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consent of his client and the court shall determine
whether he ought to be allowed to retire. 2. If without just cause
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He may also retire at any time from an action or a. No express written agreement as to fees –
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special proceeding without the consent of his client, reasonable value of his services up to the
should the court, on notice to the client and date of his dismissal (quantum meruit).
attorney, and on hearing, determine that he ought to b. There is written agreement and the fee
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be allowed to retire. (Sec. 26, Rule 138, Rules of Court, stipulated is absolute and reasonable – full
as amended) payment of compensation.
c. The fee stipulated is contingent.
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Procedure to follow when Withdrawal is d. If dismissed before the conclusion of the
without Client’s Consent action – reasonable value of his services
(quantum meruit)
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1. File a petition for withdrawal in court. e. If contingency occurs or client prevents its
2. Serve a copy of this petition upon his client and occurrence – full amount.
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the adverse party at least 3 days before the date

set for hearing. NOTE: A lawyer should question his discharge.
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Otherwise he will only be allowed to recover on

NOTE: He should present his petition well in quantum meruit basis.
advance of the trial of the action to enable the client
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to secure the services of another lawyer. Limitations on Client’s Right to discharge the
Services of his Lawyer
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However, if no new counsel has entered his

appearance, the court may, in order to prevent a 1. When made with justifiable cause, it shall
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denial of a party’s right to the assistance of counsel negate the attorney’s right to full payment of
require that the lawyer’s withdrawal be held in compensation;
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abeyance until another lawyer shall have appeared 2. The attorney may, in the discretion of the court,
for the party. (Agpalo, 2009) intervene in the case to protect his right to fees;
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and,
A lawyer should not presume that the court will 3. A client may not be permitted to abuse his right
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grant his petition for withdrawal. Until his to discharge his counsel as an excuse to secure
withdrawal shall have been proved, the lawyer repeated extensions of time to file a pleading or
remains counsel of record who is expected by his to indefinitely avoid a trial.
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client and by the court to do what the interests of his

client require. (Pineda, 2009) Conditions for Substitution of Counsel
The counsel may be substituted subject to the

Legal Ethics
following conditions: expose him to criminal and civil liability and violate
his duty of candor, fairness and good faith to the
1. There must be a written application. court.
2. There must be a written consent of the client.
3. There must be a written consent of the attorney Q: Was the motion for relief as counsel made by
S.
to be substituted, or in the absence thereof, the defense lawyer in full accord with the
proof of service of notice of said motion to the procedural requirements for a lawyer’s
S,
attorney to be substituted in the manner withdrawal from a court case? Explain briefly.
prescribed by the rules. (2004 BAR)
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Note: Standing alone, heavy workload is not A: NO. His actuation is not in accord with the
sufficient reason for the withdrawal of a counsel. procedural requirements for the lawyer’s
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When a lawyer accepts to handle a case, whether for withdrawal from a court case. Whether or not a
a fee or gratis et amore, he undertakes to give his lawyer has a valid cause to withdraw from a case, he
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utmost attention, skill and competence to it cannot just do so and leave the client in the cold
regardless of its significance. Failure to fulfill his unprotected. He must serve a copy of his petition
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duties will subject him to grave administrative upon the client and the adverse party. He should,
liability as a member of the Bar. (Ceniza v. Atty. moreover, present his petition well in advance of
Rubia, A.C. No. 6166, 02 Oct. 2009) the trial of the action to enable the client to secure
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the services of another lawyer.
Q: On the eve of the initial hearing for the
reception of evidence for the defense, the NOTE: In one case, respondent lawyer admitted
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defendant and his counsel had a conference that he deliberately failed to timely file a formal
where the client directed the lawyer to present offer of exhibits because he believes that the
as principal defense witnesses 2 persons whose exhibits were fabricated and was hoping that the
-D
testimonies were personally known to the same would be refused admission by the RTC. If
lawyer to have been perjured. The lawyer respondent truly believes that the exhibits to be
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informed his client that he refused to go along presented in evidence by his clients were fabricated,
with the unwarranted course of action proposed then he has the option to withdraw from the case.
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by the defendant. But the client insisted on the Canon 22 allows a lawyer to withdraw his services
directive, or else he would not pay the agreed for good cause such as when the client pursues an
attorney’s fees. When the case was called for illegal or immoral course of conduct with the matter
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hearing the next morning the lawyer forthwith he is handling or when the client insists that the
moved in open court that he be relieved as lawyer pursue conduct violative of these canons and
S,
counsel for the defendant. Both the defendant rules. (Warriner v. Atty. Dublin, A.C. No. 5239, 18 Nov.
and the plaintiff’s counsel objected to the 2013)
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motion.
Q: Atty. X filed a notice of withdrawal of
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Under the given facts, is the defense lawyer appearance as counsel for the accused Y after
legally justified in seeking withdrawal from the the prosecution rested its case. The reason for
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case? Why or why not? Reason briefly. (2004 the withdrawal of Atty. X was the failure of
BAR) accused Y to affix his conformity to the demand
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of Atty. X for increase in attorney's fees. Is the

A: YES. He is justified. Under Rule 22.01 of the CPR, ground for withdrawal justified? Explain. (2000
a lawyer may withdraw his services “if the client BAR)
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insists that the lawyer pursue conduct violative of

these canons and rules”. The insistence of the client A: The ground for the withdrawal is not justified.
that the lawyer present witnesses whom he Rule 22.01(e) of the CPR provides that a lawyer may
personally knows to have been perjured, will withdraw his services when the client deliberately
`
2022 GOLDEN NOTES
fails to pay the fees for his services or fails to comply GR: The attorney loses his or her standing in
with the retainer agreement. In this case, the client court to represent the deceased client or the
has not failed to pay the lawyer's fees or to comply latter’s estate.
with the retainer agreement. He has only refused to
agree with the lawyer's demand for an increase in XPN: He is retained by the administrator,
S.
his fees. It is his right to refuse as that is part of his executor or legal representative of the deceased
freedom of contract. client.
S,
RULE 22.02, CANON 22 b. In case of incapacity or incompetency of client
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A lawyer who withdraws or is discharged shall, – the relation of attorney and client also terminates
subject to a retaining lien, immediately turn upon the incapacity or incompetency of a client
over all papers and property to which the client during the pendency of the litigation.
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is entitled, and shall cooperate with his
successor in the orderly transfer of the matter, GR: The client loses the legal capacity to
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including all information necessary for the contract the subject matter of the action.
proper handling of the matter.
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XPN: The guardian of the incapacitated or
Duties of a Discharged Lawyer or One who incompetent client may authorize the lawyer to
Withdraws continue representing the client.
1. Immediately turn-over all papers and property

to which the client is entitled; and ZA
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2. To cooperate with his successor in the orderly
transfer of the case.
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DUTIES OF LAWYERS IN CASE OF DEATH OF

PARTIES REPRESENTED
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Whenever a party to a pending case dies, or

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becomes incapacitated or incompetent, it shall be

the duty of his attorney to inform the court
promptly of such death, incapacity or incompetency,
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and to give the name and residence of his executor,

administrator, guardian or other legal
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representative. (Sec. 16, Rule 3, Rules of Court, as

amended)
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That duty is imposed upon the attorney because he

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is in a better position than the counsel for the

adverse party to ascertain who is the legal
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representative of the deceased, incapacitated or

incompetent client.
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a. In case of death of parties represented – as the

relation of attorney and client is personal and one of
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agency, it terminates upon the death of the client.

Legal Ethics
facilitated by the use of a falsified Special Power

E. THE LAWYER’S OATH of Attorney. Did Atty. Contawi violate his
lawyer's oath?
A: YES. Atty. Contawi disposed of complainant's
S.
I, ___________________, of _____________, do solemnly swear
property without the latter’s knowledge or consent
that I will maintain allegiance to the Republic of the
and partook of the proceeds of the sale for his own
Philippines, I will support the Constitution and obey
S,
benefit. The established acts exhibited his unfitness
the laws as well as the legal orders of the duly
and plain inability to discharge the bounden duties
constituted authorities therein; I will do no falsehood,
ES
of a member of the legal profession. He failed to
nor consent to the doing of any in court; I will not
prove himself worthy of the privilege to practice law
wittingly or willingly promote or sue any groundless,
and to live up to the exacting standards demanded
false or unlawful suit, or give aid nor consent to the
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of the members of the bar. (Brennisen v. Contawi,
same; I will delay no man for money or malice, and
A.C. No. 7481, 24 Apr. 2012)
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will conduct myself as a lawyer according to the best
of my knowledge and discretion, with all good fidelity
Q: Can a lawyer be held administratively liable
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as well to the courts as to my clients; and I impose
for submitting pleadings, evidence, or exhibits,
upon myself these voluntary obligations without any
which do not exist, before the courts?
mental reservation or purpose of evasion. So help me
God.
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A: YES. This conduct is deceitful which impairs the
justice system in the country. A lawyer, who took
Importance of the Lawyer’s Oath
oath before the Supreme Court, must not engage in
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unlawful, dishonest, immoral or deceitful conduct
By taking the lawyer’s oath, an attorney, becomes a
and must not delay court proceedings just to
guardian of truth and the rule of law, and an
prolong the justice deserve by the oppressed.
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indispensable instrument in the fair and impartial

Further, he shall not do any falsehood, nor consent
administration of justice. Lawyers should act and
to the doing of any in Court, nor shall he mislead, or
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comport themselves with honesty and integrity in a

allow the Court to be misled by any artifice and he
manner beyond reproach, in order to promote the
shall not knowingly assert as a fact that which has
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public’s faith in the legal profession. Good moral

not been proved. (Magsaysay Maritime Corporation
character is an essential qualification for the
Princess Cruise Lines, LTD. etc. v. Mazaredo, G.R. No.
privilege to enter into the practice of law. It includes,
201359, 23 Sept. 2015)
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at least, common honesty. Deception and other

fraudulent acts are not merely unacceptable
DUTIES AND RESPONSIBILITIES OF A LAWYER
practices that are disgraceful and dishonorable;
S,
they reveal a basic moral flaw. (Olbes v. Deciembre,

Four-fold Duty of a Lawyer under the Code of
A.C. No. 5365, 27 Apr. 2005)
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Professional Responsibility (1966, 1979, 1985

BAR)
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The lawyer’s oath is not a mere ceremony or

formality for practicing law to be forgotten
1. To the Public/Society. He must not undertake
afterwards nor is it mere words, drift and hollow; it
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any action, which violates his responsibility to

is a sacred trust that every lawyer must uphold and
the society as a whole; he must be an example
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keep inviolable at all times. (Cheng v. Agravante, A.C.

in the community for his uprightness as a
No. 6183, 23 Mar. 2004)
member of the society. The lawyer must be
ready to render legal aid, foster legal reforms,
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Q: An administrative complaint was filed against

be a guardian of due process, and be aware of
Atty. Contawi for having violated his oath as a
his special role in solving special problems and
lawyer causing him damage and prejudice. He
be always ready to lend assistance in the study
had mortgaged and sold the property of his
and solution of social problems. (Canon 1-6,
client without the latter's knowledge or consent,
`
2022 GOLDEN NOTES
CPR) 5. To Employ, for the purpose of maintaining the

causes confided to him, such means only as are
2. To the Bar/Legal Profession. A lawyer consistent with truth and honor, and never seek
observes candor, fairness, courtesy and to mislead the judge;
truthfulness in his conduct towards other 6. To maintain inviolate the Confidence and at
S.
lawyers, avoid encroachment in the business of every peril to himself, to preserve the secrets in
other lawyers and uphold the honor of the connection with his client, and to accept no
S,
profession. (Canon 7-9, CPR) compensation in connection with his client’s
business;
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3. To the Courts. A lawyer must maintain 7. To abstain from all Offensive personality and to
towards the court a respectful attitude, uphold advance no fact prejudicial to the honor and
the court’s authority and dignity, obey court reputation of a party unless required by the
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orders, processes, and assists in the justice of the cause with which he is charged;
administration of justice. (Canon 10-13, CPR) 8. Never to Reject, for any consideration, the cause
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of the defenseless or oppressed; and
4. To the Clients. The lawyer owes entire 9. In the Defense of a person accused of a crime,
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devotion to the interest of his client, in the by all fair and honorable means, regardless of
maintenance of the defense of his rights and his personal opinion as to the guilt of the
exertion of utmost learning ability to the end accused, to present every defense that the law
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that nothing be taken or withheld from his permits to the end that no person may be
client except in accordance with law. He owes a deprived of life, liberty, but by due process of
duty of competent and zealous representation law. (Sec. 20, Rule 138, Rules of Court, as
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to the client, and should preserve his client’s amended)
secrets, preserve his funds and property and
avoid conflicts of interest. (Canon 14-22, CPR) Privileges of a Lawyer (P-S-P-I-S-12)
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NOTE: The first and most important duty of a 1. To Practice law during good behavior before
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lawyer is his duty to the COURT. The lawyer is an any judicial, quasi-judicial, or administrative
officer of the court who sets the judicial machinery agency;
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with the main mission of assisting the court in the 2. First one to Sit in judgment on every case, to set
administration of justice. His public duties take the judicial machinery in motion;
precedence over his private duties. 3. Enjoys the Presumption of regularity in the
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discharge of his duty;

Duties of Lawyers under the Rules of Court 4. He is Immune, in the performance of his
S,
(2006, 2016 BAR): (A-D-A-R-E-C-O-R-D) oobligations to his client, from liability to third
persons, insofar as he does not materially
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1. To maintain Allegiance to the Republic of the depart from his character as a quasi-judicial
Philippines, support the Constitution, and obey officer;
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the laws of the Philippines; 5. His Statements, if relevant, pertinent or

2. Not to encourage either the commencement or material to the subject of judicial inquiry are
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the continuance of an action or proceeding, or absolutely privileged regardless of their

Delay any man’s cause, from any corrupt defamatory tenor and of the presence of malice;
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motive or interest; 6. 1st grade civil service eligibility for any position
3. To counsel or maintain such Actions only as in the classified service in the government the
appear to him to be just, and such defenses only duties of which require knowledge of law; and
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as he believes to be honestly debatable under 7. 2nd grade civil service eligibility for any other
the law; governmental position, which does not
4. To observe and maintain the Respect due to the prescribe proficiency in law as a qualification.
courts of justice and judicial officers;

Suspension, Disbarment, and Discipline of Lawyers
a. Definite;
II. SUSPENSION, DISBARMENT, AND DISCIPLINE b. Indefinite – qualified disbarment;
OF LAWYERS lawyer determines for himself how
(RULE 139; RULE 139-B) long or how short his suspension shall
last by proving to court that he is once
S.
again fit to resume practice of law.
NATURE AND CHARACTERISTICS OF
S,
NOTE: Indefinite suspension is not cruel. It
DISCIPLINARY ACTION AGAINST LAWYERS
puts in his hands the key for the
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restoratiton of his rights and privileges as a
Nature of the Power to Discipline
lawyer. (Dumagdag v. Lumaya, A.C. No.
2614, 29 June 2000)
The power to discipline a lawyer is JUDICIAL in
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nature and can be exercised only by the courts. It
7. Disbarment – is the act of the Supreme Court of
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cannot be defeated by the legislative or executive
withdrawing from an attorney the right to
departments. (Martin, 1961)
practice law. The name of the lawyer is stricken
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off from the Roll of Attorneys;
The power to disbar and to reinstate is an inherently
8. Interim Suspension - is the temporary
judicial function. (Andres v. Cabrera, SBC- 585, 29
suspension of a lawyer from the practice of law
Feb. 1984)
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pending imposition of clinical discipline.
Include: Suspension upon conviction of a
NOTE: The power to disbar must be exercised with
“serious crime”, Suspension when the lawyer’s
great caution, and only in a clear case of misconduct
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continuing conduct is or is likely to watch cause
that seriously affects the standing and character of
of immediate and serious injury to a client or
the lawyer as an officer of the Court and as a
public; or
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member of the bar. Thus, where a lesser penalty,

9. Probation - is a sanction that allows a lawyer to
such as temporary suspension, could accomplish
practice law under specified conditions.
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the end desired, disbarment should never be

decreed. (Ventura v. Samson, A.C. No. 9608, 27 Nov.
Powers of the Court of Appeals and the Regional
2012)
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Trial Courts in Relation to the Discipline of

Lawyers (S-W-A-R-P)
Forms of Disciplinary Measures by the Supreme
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Court (W-A-R-C-S-D-I-P)
They are also empowered to:
1. Warning - an act of putting one on his guard

S,
1. Suspend an attorney from practice for any of

against an impending danger, evil, consequence
the causes named in Sec 27, Rule 138 until
or penalty;
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further action of the Supreme Court in the case

3. Admonition - a gentle or friendly reproof mild
(Sec. 16, Rule 139-B);
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rebuke, warning, reminder or counselling on a

2. Warn;
fault, error or oversight; an expression of
3. Admonish;
authoritative advice;
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4. Reprimand; and
4. Reprimand - a public and formal censure or
5. Probation. (IBP Guidelines)
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severe reproof, administered to a person at fault

by his superior officer or the body to which he
NOTE: The CA and RTC cannot disbar a lawyer.
belongs;
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5. Censure - official reprimand;

Q: Atty. D was required by Judge H of the
6. Suspension - temporary withholding of a
Regional Trial Court (RTC) of Manila to show
lawyer’s right to practice his profession as a
cause why he should not be punished for
lawyer for a certain period or for an indefinite
contempt of court for shouting invectives at the
period.
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2022 GOLDEN NOTES
Legal Ethics
opposing counsel and harassing his witness. Aggravating factors which may be considered in
Assuming that there was sufficient cause or increasing the degree of discipline to be
ground, may Judge H suspend Atty. D from the imposed:
practice of law? If Judge H finds that the
actuations of Atty. D are grossly unethical and 1. Prior disciplinary offenses;
S.
unbecoming of a member of the bar, may Judge 2. Dishonest or selfish motives;
H disbar Atty. D instead? (2014 BAR) 3. A pattern of misconduct;
S,
4. Multiple offenses;
A: Under Section 28, Rule 138 of the Rules of Court, 5. Bad faith obstruction of the disciplinary
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a Regional Trial Court may suspend a lawyer from proceeding by intentionally failing to comply
the practice of law for any of the causes provided in with rules or orders of the disciplinary agency;
Section 27, until further action from the Supreme 6. Submission of false evidence, false statements,
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Court. But it may not disbar him, for only the or other deceptive practices during the
Supreme Court can disbar a lawyer pursuant to its disciplinary process;
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constitutional power to admit persons to the 7. Refusal to acknowledge wrongful nature of
practice of law. conduct;
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8. Vulnerability of victim;
Other Sanctions and Remedies (R-A-R-A-R-O-L) 9. Substantial experience in the practice of law;
10. Indifference to making restitution. (IBP
ZA
1. Restitution; Guidelines 9.22)
2. Assessment of costs;
3. Limitation upon practice; Mitigating factors which may be considered in
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4. Appointment of a receiver; decreasing the degree of discipline to be
5. Requirement that a lawyer take the bar imposed:
examination or professional responsibility
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examination; 1. Good faith in the acquisition of a property of the

6. Requirement that a lawyer attend continuing client subject of litigation (In re: Ruste, A.M. No.
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education courses; and 632, 27 June 1940);

7. Other requirements that the highest court or 2. Inexperience of the lawyer (Munoz v. People,
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disciplinary board deems consistent with the G.R. No. L-33672, 28 Sept. 1973);
purposes of the sanctions. 3. Age (Santos v. Tan, A.C. No. 2697, 19 Apr. 1991);
4. Apology (Munoz v. People, G.R. No. L- 33672, 28
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Factors to be considered in imposing Lawyer’s Sept. 1973);

sanctions 5. Lack of Intention to slight or offend the Court
S,
(Rheem of the Philippines, Inc. v. Ferrer, G.R. No.

1. The duty violated; L-22979, 27 Jan. 1967);
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2. The lawyer’s mental state; 6. Absence of prior disciplinary record;

3. The actual and potential injury caused by the 7. Absence of dishonest or selfish motive;
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lawyer’s misconduct; and 8. Personal or emotional problems;

4. The existence of aggravating and mitigating 9. Timely good faith effort to make restitution or
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factors. (Sec. 3.0, Guidelines for imposing to rectify consequences of misconduct;

Lawyer’s sanctions,) 10. Full and free disclosure to disciplinary board or
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cooperative attitude toward the proceedings;

NOTE: After misconduct has been established, 11. Character or reputation;
aggravating and mitigating circumstances may be 12. Physical or mental disability or impairment;
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considered in deciding what sanction to impose. 13. Delay in disciplinary proceedings;

14. Interim rehabilitation;
15. Imposition of other penalties or sanctions;
16. Remorse;

17. Remoteness of prior offenses. (IBP Guidelines belonging to the office of an attorney;
9.32) 3. Punish the lawyer;
4. Set an example or a warning for the other
Factors which should not be considered as members of the bar;
aggravating or mitigating: 5. Safeguard the administration of justice from
S.
incompetent and dishonest lawyers;
1. Forced or compelled restitution; 6. Protect the public.
S,
2. Agreeing to the client’s demand for certain
improper behavior or result; NOTE: The purpose and the nature of disbarment
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3. Withdrawal of complaint against the lawyer; proceedings make the number of defenses available
4. Resignation prior to completion of disciplinary in civil and criminal actions inapplicable in
proceedings; disciplinary proceedings.
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5. Complainant’s recommendation as to sanction;
6. Failure of injured client to complain. Q: Is the defense of Atty. R in a disbarment
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complaint for immorality filed by his paramour
SUI GENERIS P that P is in pari delicto material or a ground for
PR
exoneration? Explain. (2010 BAR)
Sui generis in nature (2002 BAR)
A: The defense of in pari delicto is immaterial in an
ZA
Administrative cases against lawyers belong to a administrative case which is sui generis. The
class of their own (sui generis). They are distinct administrative case is about the lawyer's conduct,
from and may proceed independently of civil and not the woman's. (Mortel v. Aspiras, A.M. No. 145, 28
EZ
criminal cases. (In re Almacen, G.R. No. L-27654, 18 Dec. 1956)
Feb. 1970; Funa, 2009) They are:
Q: Arabella filed a complaint for disbarment
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1. Neither purely civil nor purely criminal, they against her estranged husband, Atty. P, on the
are investigations by the Court into the conduct ground of immorality and use of illegal drugs.
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of one of its officers. After Arabella presented evidence and rested

2. Not a civil action because there is neither her case before the Investigating Commissioner
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plaintiff nor respondent, and involves no of the IBP Committee on Bar Discipline, she filed
private interest. The complainant is not a party an Affidavit of Desistance and motion to dismiss
and has no interest in the outcome except as all the complaint, she and her husband having
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citizens have in the proper administration of reconciled for the sake of their children. You are
justice. There is no redress for private the Investigating Commissioner of the IBP.
S,
grievance. Bearing in mind that the family is a social

3. Not a criminal prosecution because it is not institution which the State is duty-bound to
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meant as a punishment depriving a lawyer of preserve, what will be your action on Arabella's
source of livelihood but rather to ensure that motion to dismiss the complaint? (2010 BAR)
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those who exercise the function should be

competent, honorable and reliable so that the A: I would still deny the motion to dismiss. The
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public may repose confidence in them. general rule is that “no investigation shall be
interrupted or terminated by reason of the
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Main objectives of disbarment and suspension desistance, settlement, compromise, restitution,

withdrawal of the charges or failure of the
1. Compel the attorney to deal fairly and honestly complainant to prosecute the same unless the
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with clients; Supreme Court motu proprio or upon

2. Remove from the profession a person whose recommendation of the IBP Board of Governors
misconduct has proved him/her unfit to be determines that there is no compelling reason to
entrusted with the duties and responsibilities continue with the proceedings. An administrative
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2022 GOLDEN NOTES
Legal Ethics
investigation of a lawyer is sui generis, neither a civil effect for being ultra vires. (Heirs of Falame v. Atty.
nor criminal proceeding. An affidavit of desistance Baguio, A.C. No. 6876, 07 Mar. 2008)
has no place in it.
NOTE: At most, the delay in the institution of the
Q: Atty. Hyde, a bachelor, practices law in the administrative case would merely mitigate the
S.
Philippines. On long weekends, he dates erring lawyer’s liability. (Heck v. Judge Santos, A.M.
beautiful actresses in Hong Kong. Kristine, a No. RTJ-01-1657, 23 Feb. 2004)
S,
neighbor in the Philippines, filed with the
Supreme Court an administrative complaint Q: Alleging that Atty. Frank had seduced her
ES
against the lawyer because of sex videos when she was only 16 years old, and that she had
uploaded through the internet showing Atty. given birth to a baby girl as a result, Malen filed
Hyde's sordid dalliance with the actresses in a complaint for his disbarment seven years after
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Hong Kong. In his answer, Atty. Hyde (a.) the birth of the child charging that he was a
questions the legal personality and interest of grossly immoral person unworthy and unfit to
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Kristine to institute the complaint and (b.) continue in the Legal Profession. In his comment,
insists that he is a bachelor and the sex videos Atty. Frank argued that the complaint for
PR
relate to his private life which is outside public disbarment should be dismissed because of
scrutiny and have nothing to do with the law prescription. Explain. (2017 BAR)
practice. Rule on the validity of Atty. Hyde's
ZA
defenses. (2009 BAR) A: Atty. Frank’s defense of prescription is not
justified. Disbarment is imprescriptible. In addition,
A: administrative proceedings against a lawyer are sui
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a. The legal personality and interest of Kristine to generis, neither civil nor criminal. The ordinary
initiate the complaint for disbarment is statutes of limitation have no application to
immaterial. A disbarment proceeding is sui disbarment proceedings. (Calo Jr. v. Degamo, A.C. No.
-D
generis, neither civil nor a criminal proceeding. 516, 27 June 1967) The purpose of such proceedings
Its sole purpose is to determine whether or not is not to punish the individual lawyer but to
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a lawyer is still deserving to be a member of the safeguard the administration of justice by

bar. In a real sense, Kristine is not a plaintiff; protecting the court and the public from the
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hence, interest on her part is not required. misconduct of lawyers and to remove from the
profession of law persons whose disregard of their
b. Atty. Hyde's second defense is untenable. His oath of office proves them unfit to continue charging
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duty not to engage in unlawful, dishonest, the trust reposed in them as members of the bar.
immoral and deceitful conduct under Rule 1.01
S,
of the CPR, as well as his duty not to engage in No Double or Multiple Disbrament
scandalous conduct to the discredit of the legal
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profession under Rule 7.03, is applicable to his Q: Atty. Gutierrez asked for a cash loan twice
private as well as to his professional life. from Yuhico, but when he asked for a third time,
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Yuhico refused and demanded payment of his

PRESCRIPTION OF ACTIONS debts. Atty. Gutierrez failed to pay which led to
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the filing of a complaint before the IBP-CBD for

No Prescriptive Period for the filing of an non-payment of just debts. It turned out that
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Administrative Complaint against an Erring Atty. Gutierrez was previously disbarred in the
Lawyer case of Huyssen v. Atty. Gutierrez for gross
misconduct in view of his failure to pay his debts
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Rule VII, Section 1 of the Rules of Procedure of the and his issuance of worthless checks. May Atty.
CBD-IBP, which provides for a prescriptive period Gutierrez be disbarred for the second time?
for the filing of administrative complaints against
lawyers, should be struck as void and of no legal A: NO. The Supreme Court held that while the IBP

recommended to disbar Atty. Gutierrez for the that indicate that at the time the lawyer took his
second time, we do not have double or multiple oath, he did not possess the required
disbarment in our laws or jurisprudence and qualifications for membership in the bar.
neither do we have a law mandating a minimum 5- Consequently, the cancellation of his license is
year requirement for readmission, as cited by the justified.
S.
IBP.
2. AFTER admission to the bar - those which
S,
Thus, while Gutierrez’s infraction calls for the cause loss of moral character on his part or
penalty of disbarment, they cannot disbar him anew. involve violation of his duties to the court, his
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(Yuhico v. Atty. Gutierrez, A.C. No. 8391, 23 Nov. client, to the legal profession and to the public.
2010)
NOTE: Disbarment is merited when the action is not
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GROUNDS the lawyer’s first ethical infraction of the same
nature. (Que v. Revilla, A.C. No. 7054, 04 Dec. 2009)
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Specific Grounds for Suspension or Disbarment
of a Lawyer Malpractice
PR
1. Deceit; It refers to any malfeasance or dereliction of duty
2. Malpractice; committed by a lawyer. (Tan Tek Beng v. David, A.C.
ZA
3. Grossly immoral conduct; No. 1261, 29 Dec. 1983; Lapeña Jr., 2009)
4. Conviction of a crime involving moral
turpitude; Legal Malpractice
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5. Violation of oath of office;
6. Willful disobedience of any lawful order of a It consists of failure of an attorney to use such skill,
superior court; prudence and diligence as a lawyer of ordinary skill
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7. Corrupt or willful appearance as an attorney for and capacity commonly possess and exercise in the
a party to a case without authority to do so (Sec. performance of tasks which they undertake, and
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27, Rule 138, Rules of Court, as amended); when such failure proximately causes damage, it
8. Non-payment of IBP membership dues. (Santos, gives rise to an action in tort. (Tan Tek Beng v. David,
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Jr. v. Atty. Llamas, A.C. No. 4749, 20 Jan. 2000) A.C. No. 1261, 29 Dec. 1983)
The statutory enumeration is not to be taken as a Gross Misconduct

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limitation on the general power of Supreme Court to

suspend or disbar a lawyer. (In Re: Puno, A.C. No. 389, It is any inexcusable, shameful or flagrant unlawful
S,
28 Feb. 1967) HENCE, the grounds enumerated conduct on the part of the person concerned in the
are NOT exclusive. administration of justice which is prejudicial to the
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rights of the parties or to the right determination of

NOTE: Lending money by a justice of Supreme a cause, a conduct that is generally motivated by a
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Court is not a ground for disbarment and helping a premeditated, obstinate or intentional purpose.
person apply for sale application on a lot is not an (Yumol Jr. v. Ferrer, Sr., A.C. No. 6585, 21 Apr. 2005)
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offense and not also a ground for disbarment. (Olazo

v. Justice Tinga (Ret.), A.M. No. 10-5-7-SC, 07 Dec. NOTE: The deliberate failure to pay just debts and
EB
2010) the issuance of worthless checks constitute gross

misconduct. Batas Pambansa Blg. 22 was “designed
Lawyer’s Misconduct committed prior and after to prohibit and altogether eliminate the deleterious
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Admission to the Bar and its Effects and pernicious practice of issuing checks with
insufficient funds, or with no credit, because the
1. PRIOR to admission to the bar - acts of practice is deemed a public nuisance, a crime
misconduct prior to admission include those against public order to be abated." His violation
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2022 GOLDEN NOTES
Legal Ethics
exhibited his indifference towards the pernicious lawyer in his private relation with opposite sex may
effect of his illegal act to public interest and public put his character in doubt. But to justify suspension
order. (Lim v. Atty. Rivera, A.C. No. 12156, 20 June or disbarment, the act must not only be immoral, it
2018) must be grossly immoral. (Abaigar v. Paz, A.M. No.
997, 10 Sept. 1979)
S.
Q: Beth administratively charged her former
lawyer, Atty. Rawet, with gross misconduct and It treads the line of grossness when it is so corrupt
S,
gross ignorance of the law for the latter's as to constitute a criminal act, or so unprincipled as
inadequate legal representation of her in her to be reprehensible to a high degree, or when
ES
suit against her neighbor. Midway during the committed under such scandalous or revolting
investigation, Beth decided to migrate to circumstances as to shock the community’s sense of
Australia. Learning about her plans, Atty. Rawet decency. (Abella v. Atty. Barrios, A.C. No. 7332, 18
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approached her and pleaded for her June 2013)
understanding. He was able to persuade her to
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execute an affidavit of desistance in respect of NOTE: Mere intimacy between a lawyer and a
her administrative complaint. He submitted the woman with no impediment to marry each other,
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affidavit of desistance to the Supreme Court and and who voluntarily cohabited and had two children,
moved to dismiss the charge against him. Will is neither so corrupt to constitute a criminal act nor
the affidavit of desistance warrant the dismissal so unprincipled as to warrant disbarment or
ZA
of the administrative charge? Explain. (2017 disciplinary action against the man as a member of
BAR) the bar. (Arciga v. Maniwang, A.C. No. 1608, 14 Aug.
1981)
EZ
A: NO, the affidavit of desistance would not warrant
the dismissal of the administrative charge. A Moral Turpitude
disbarment proceeding is sui generis, neither a civil
-D
nor criminal action. As such, a desistance by the It is defined as “everything that is done contrary to
complainant is unimportant. The case may proceed justice, honesty, modesty, or good morals; an act of
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regardless of interest or lack of interest of the baseness, vileness, or depravity in the private and
complainant. (Rayos-Omboc v. Rayos, A.C. No. 2884, social duties which a man owes his fellowmen, or to
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28 Jan. 1998) The general rule is that no society in general, contrary to the accepted and
investigation shall be interrupted or terminated by customary rule of right and duty between man and
reason of of the desistance, settlement, compromise, woman, or conduct contrary to justice, honesty
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restitution, withdrawal of the charges or failure of modesty, or good morals. (Soriano v. Dizon, A. C. No.
the complainant to prosecute the same unless the 6792, 25 Jan. 2006)
S,
Supreme Court motu proprio or upon

recommendation of the IBP Board of Governors All crimes of which fraud or deceit is an element or
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determines that there is no compelling reason to those inherently contrary to rules of right conduct,
continue with the proceedings. honesty, or morality in civilized community. (Court
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of Administrator v. San Andres, A.M. No. P-89-345, 31

Grossly Immoral Conduct May 1991)
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Immoral conduct has been defined as that conduct Other Statutory Grounds for Suspension and
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which is wilful, flagrant, or shameless, and which Disbarment of Members of the Bar
shows a moral indifference to the opinion of the
good and respectable members of the community. 1. Acquisition of interest in the subject matter of
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(Arciga v. Maniwang, A.M. No. 1608, 14 Aug. 1981; the litigation, either through purchase or
Abella v. Atty. Barrios, A.C. No. 7332, 18 June 2013) assignment (Art. 1491, NCC);
2. Breach of professional duty, inexcusable
An act of personal immorality on the part of a negligence, or ignorance, or for the revelation of

the client’s secrets (Art. 208, RPC); NOTE: By having himself commissioned as
3. Representing conflicting interests. (Art. 209, notary public, a lawyer assumes duties in a dual
RPC) capacity, the non-performance of which may be
a ground for discipline as a member of the bar.
Any errant behavior on the part of a lawyer, be it in
S.
his public or private activities, which tends to show Q: Jose secured the services of Atty. Lada to
him deficient in moral character, honesty, probity or pursue a case for partition of property. After
S,
good demeanor, is sufficient to warrant his accepting the engagement, Atty. Lada filed the
suspension or disbarment. (Tiong v. Atty. Florendo, corresponding complaint eventually dismissed
ES
A.C. No. 4428, 12 Dec. 2011) by the RTC for lack of cause of action and
insufficiency of evidence. Atty. Lada allegedly
Other Grounds for Discipline asked for the amount of ₱10,000.00 for the
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payment of appeal fees and other costs. Upon
1. Non-professional misconduct payment, notice of appeal was filed but was also
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dismissed for being filed out of time.
GR: A lawyer may not be suspended or
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disbarred for misconduct in his non- Atty. Lada however, did not disclose such fact
professional or private capacity. and, instead, showed to Jose an Order
purportedly issued by the RTC directing the
ZA
XPN: Where such is so gross as to show him to submission of the results of a DNA testing to
be morally unfit for office or unworthy of prove his filiation. When Jose found out that the
privilege, the court may be justified in Order was spurious, he filed a disbarment case
EZ
suspending or removing him from the Roll of against Atty. Lada. Will the case prosper?
Attorneys. (2005 BAR)
A: YES. Atty. Lada already knew of the dismissal of
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2. Promoting to violate or violating penal laws complainant’s partition case before the RTC.
Moreover, Atty. Lada was inexcusably negligent in
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3. Misconduct in discharge of official duties – A filing complainant’s appeal only on September 12,
lawyer who holds a government office may not 2007, or way beyond the reglementary period
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be disciplined as a member of the bar for therefor, thus resulting in its outright dismissal.
misconduct in the discharge of his duties as Clearly, Atty. Lada failed to exercise such skill, care,
government official. and diligence as men of the legal profession
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commonly possess and exercise in such matters of

However, if the misconduct is in violation of the professional employment.
S,
CPR or of his oath as a lawyer or is of such a

character as to affect his qualifications as a Worse, Atty. Lada attempted to conceal the
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lawyer, he may be subject to disciplinary action dismissal of complainant’s appeal by fabricating the
such as disbarment. (Collantes v. Renomeron, Order which purportedly required a DNA testing to
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A.C. No. 3056, 16 Aug. 1991) make it appear that complainant’s appeal had been
given due course, when in truth, the same had long
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NOTE: This rule does not apply to impeachable been denied. In so doing, he engaged in an unlawful,
officials like Supreme Court justices, members dishonest, and deceitful conduct that caused undue
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of constitutional commissions and Ombudsman prejudice and unnecessary expenses on the part of
because they can only be removed by complainant. For gross misconduct, Atty. Lada
impeachment. should be disbarred. (Tan v. Diamante, A.C. No. 7766,
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05 Aug. 2014)
4. Commission of fraud or falsehood; and,
5. Misconduct as notary public
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2022 GOLDEN NOTES
Legal Ethics
PROCEEDINGS whom and for the protection of whose personal and

professional reputation it is vested, as by presenting
Initiation of Disbarment the testimony in a disbarment case or using it as
impeaching evidence in a civil suit. (Villalon v. IAC,
Any interested person or the court motu proprio G.R. No. L-73751, 24 Sept. 1986)
S.
may initiate disciplinary proceedings. There can be
no doubt as to the right of a citizen to bring to the Offices Authorized to investigate Disbarment
S,
attention of the proper authority the acts and doings Proceedings
of public officers, which the citizens feel are
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incompatible with the duties of the office and from 1. Supreme Court (Sec. 13, Rule 139-B, Rules of
which conduct the citizen or the public might or Court, as amended)
does suffer undesirable consequences. (2000 BAR) 2. IBP through its Commission on Bar Discipline
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or authorized investigator (Sec. 2, Rule 139-B,
NOTE: A disbarment proceeding may proceed Rules of Court, as amended)
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regardless of interest or lack of interest of the 3. Office of the Bar Confidant (Sec. 13, Rule 139-B,
complainant. (Rayos-Ombac v. Rayos, A.C. No. 2884, Rules of Court, as amended by B.M. No. 1645)
PR
28 Jan. 1998) However, if the complainant refuses to
testify and the charges cannot then be substantiated, Purposes of Disbarment
the court will have no alternative but to dismiss the
ZA
case. Disbarment is not meant as a punishment to deprive
an attorney of a means of livelihood but rather
Characteristics of Disbarment Proceedings intended to:
EZ
1. Sui Generis 1. To protect the public;
2. The defense of “double jeopardy” cannot be 2. To protect and preserve the legal profession;
-D
availed of in a disbarment proceeding; 3. To compel the lawyer to comply with his duties
3. It can be initiated motu proprio by the Supreme and obligations under the CPR.
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Court or IBP. It can be initiated without a

complaint; Quantum of Proof required
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4. It is imprescriptible;
5. Conducted confidentially; The quantum of proof in administrative cases
6. It can proceed regardless of the interest or the against lawyers is substantial evidence. (Reyes v.
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lack thereof on the part of the complainant; and Nieva, A.C. No. 8560, 06 Sept. 2016)
7. It in itself constitutes due process of law.
S,
8. Whatever has been decided in a disbarment Substantial evidence is that amount of relevant
case cannot be a source of right that may be evidence as a reasonable mind might accept as
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enforced in another action; adequate to support a conclusion, even if other

9. In pari delicto rule not applicable; minds, equally reasonable, might conceivably opine
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10. No prejudicial question in disbarment otherwise. (Atty. Dela Fuente-Torres et. al v.

proceedings; Dalangin, A.C. No. 10758, 05 Dec. 2017; Gubaton v.
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11. Penalty in a disbarment case cannot be in the Atty. Amador, A.C. No. 8962, 09 July 2018)
alternative; and
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12. Monetary claims cannot be granted except REASON: The evidentiary threshold of substantial
restitution and return of monies and properties evidence – as opposed to preponderance of
of the client given in the course of the lawyer- evidence – is more in keeping with the primordial
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client relationship. purpose of and essential considerations attending

this type of cases. Public interest is its primary
NOTE: The confidentiality of the proceedings is a objective, and the real question for determination is
privilege which may be waived by the lawyer in whether or not the attorney is still a fit person to be

allowed the privileges as such. Hence, in the The following evidence sufficiently prove the
exercise of its disciplinary powers, the Court merely existence of an illicit relationship: (1) Gubaton’s
calls upon a member of the Bar to account for his own account; (2) corroborative statements in an
actuations as an officer of the Court with the end in affidavit executed by Navarez, a neutral and
view of preserving the purity of the legal profession disinterested witness; (3) description by Gubaton’s
S.
and the proper and honest administration of justice sister, Nila; and (4) love letters/notes supposedly
by purging the profession of members who by their written by Bernadette to Atty. Amador. (Gubaton v.
S,
misconduct have proved themselves no longer Atty. Amador, A.C. No. 8962, 09 July 2018)
worthy to be entrusted with the duties and
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responsibilities pertaining to the office of an Q: Atty. Sesbreño was found guilty of murder
attorney. In such posture, there can thus be no and was sentenced to suffer the penalty of
occasion to speak of a complainant or a prosecutor. reclusion perpetua by the Cebu City RTC. On
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(Reyes v. Nieva, A.C. No. 8560, 06 Sept. 2016) appeal, however, the Supreme Court
downgraded the crime to homicide. On July 27,
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The burden of proof rests with the complainant, and 2001, Sesbreño was released from confinement
she must establish the case against the respondent following his acceptance of the conditions of his
PR
by clear, convincing and satisfactory proof, parole. The order of commutation provides that
disclosing a case that is free from doubt as to compel his original sentence is commuted to an
the exercise by the Court of its disciplinary power. indeterminate prison term of from 7 years and 6
ZA
Thus, the adage that he who asserts not he who months to 10 years imprisonment and to pay an
denies, must prove. (Atty. Dela Fuente-Torres et. al v. indemnity of ₱50,000.00.
Dalangin, A.C. No. 10758, 05 Dec. 2017)
EZ
Dr. Garcia filed a disbarment case against
Q: Jildo Gubaton filed an administrative case Sesbreño alleging that he is practicing law
against Atty. Amador for gross immorality for despite his previous conviction for homicide
-D
maintaining an illicit relationship with his wife, and continuing to engage in the practice of law
Bernadette. Testimonies of Bernandette's house despite his conviction of a crime involving moral
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helper and Bernadette's clinic secretary were turpitude. Sesbreño argued that the executive
argued to be hearsay. Gubaton submitted clemency granted to him restored his full civil
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several other pieces of evidence. First, and political rights. Decide.

Gubaton’s own account that he actually saw Atty.
Amador and Bernadette together on various A: There was no mention that the executive
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intimate occasions. Second, corroborative clemency was absolute and unconditional and
statements in an affidavit executed by Navarez, restored Sesbreño to his full civil and political
S,
who works in BIR as a messenger and goes rights. The executive clemency merely “commuted
around the city in relation to his work. Third, to an indeterminate prison term of 7 years and 6
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description by Gubaton’s sister, Nila, about how months to 10 years imprisonment”, the penalty
Atty. Amador would often visit Bernadette and imposed on Sesbreño. Commutation is a mere
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spend the night in their residence, while she was reduction of penalty and it only partially
still living with Bernadette and their children extinguished criminal liability. The penalty for
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thereat. Fourth, love letters/notes supposedly Sesbreño’s crime was never wiped out. For the
written by Bernadette to Atty. Amador. Is there unauthorized practice of law, Sesbreño is disbarred.
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substantial evidence to prove that Atty. Amador (Garcia v. Atty. Sesbreño, A.C. No. 7973 and A.C. No.
is guilty of gross immorality. 10457, 03 Feb. 2015)
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A: YES. To satisfy the substantial evidence Q: After passing the Philippine Bar in 1986,
requirement for administrative cases, hearsay Richards practiced law until 1996 when he
evidence should necessarily be supplemented and migrated to Australia where he subsequently
corroborated by other evidence that are not hearsay. became an Australian citizen in 2000. As he kept
`
2022 GOLDEN NOTES
Legal Ethics
himself abreast of the legal developments, and/or by such documents as may substantiate
petitioner learned about The Citizenship said facts.
Retention and Re-Acquisition Act of 2003 (R.A.
No. 9225), pursuant to which he reacquired his By virtue of B.M. No. 1645, the IBP has no power
Philippine citizenship in 2006. He took his oath to dismiss complaint against lawyers. It may
S.
of allegiance as a Filipino citizen at the only recommend the dismissal of such
Philippine embassy in Canberra, Australia. complaints as the power to dismiss complaints
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against lawyers is solely reserved to the
Jaded by the laid-back life in the outback, he Supreme Court.
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returned to the Philippines in December of 2008.
After the holidays, he established his own law DISBARMENT PROCEEDINGS
office and resumed his practice of law. Months BEFORE THE IBP
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later a concerned woman who had secured
copies of Atty. Richard's naturalization papers The IBP shall forward to the Supreme Court for
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with the consular authentication, filed with the appropriate disposition all complaints for
Supreme Court an anonymous complaint disbarment, suspension and discipline filed against
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against him for illegal practice of law. May the incumbent Justices of the Court of Appeals,
Supreme Court act upon the complaint filed by Sandiganbayan, Court of Tax Appeals and judges of
an anonymous person? lower courts, or against lawyers in the government
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service whether or not they are charged singly or
A: YES. The Supreme Court may act upon the jointly with other respondents, and whether or not
complaint filed by an anonymous complainant, such complaint deals with acts unrelated to the
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because the basis of the complaint consists of discharge of their official functions.
documents with consular authentications which can
be verified being public records. There is no need to If the complaint is filed before the IBP, six (6) copies
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identify the complainant when the evidence is of the verified complaint shall be filed with the
documented and verifiable. (In re: Anonymous Secretary of the IBP or the Secretary of any of its
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Complaint versus Judge Echiverri, A.M. No. 697-CFI, chapters who shall forthwith transmit the same to
30 Oct. 1975) Besides, the Supreme Court or the IBP the IBP Board of Governors for assignment to an
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may initiate disbarment proceedings motu proprio. investigator.
PROCEDURE FOR DISBARMENT PROCEDURAL STEPS FOR DISBARMENT IN THE

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IBP
AMENDMENT OF SEC. 1, RULE 139-B OF THE
S,
REVISED RULES OF COURT 1. The Board of Governors shall appoint from

(B.M. NO. 1645, 13 OCTOBER 2015) among the IBP members an investigator or
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when special circumstances so warrant, a panel

Proceedings for disbarment, suspension or of 3 investigators to investigate the complaint;
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discipline of attorneys may be taken by the:

2. If the complaint is meritorious, the respondent
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1. Supreme Court motu proprio; or shall be served with a copy requiring him to
2. Upon the feeling of a verified complaint of any answer within 15 days from service;
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person before the Supreme Court or the

Integrated Bar of the Philippines. 3. The respondent shall file a verified answer
containing the original and five (5) legible
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NOTE: The complaint shall state clearly and copies; after receipt of the answer or lapse of
concisely the facts complained of and shall be the period to do so, the Supreme Court, may,
supported by affidavits of persons having motu proprio or upon recommendation, the IBP
personal knowledge of the facts therein alleged Board of Governors suspend an attorney from

practice, for any of the causes under Rule 138, entertained, an aggrieved party can file said
Sec. 27, during the pendency of the motion with the BOG within fifteen (15) days
investigation; from notice of receipt thereof by said party.
4. After joinder of the issues or failure to answer, 3. In case a decision is rendered by the BOG that
S.
the respondent shall be given full opportunity exonerates the respondent or imposes a
to defend himself. But if the respondent fails to sanction less than suspension or disbarment,
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appear to defend himself in spite of notice, the the aggrieved party can file a motion for
investigator may proceed ex parte. The reconsideration within the 15-day period from
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investigation shall be terminated within 3 notice. If the motion is denied, said party can file
months from commencement unless extended a petition for a review under Rule 45 of the
for good cause by the Board of Governors upon Rules of Court with the Supreme Court within
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prior application; fifteen (15) days from notice of the resolution
resolving the motion. If no motion for
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5. The investigator shall make a report to the reconsideration is filed, the decision shall
Board of Governors within 30 days from become final and executory and a copy of said
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termination of the investigation which report decision shall be furnished to the Supreme
shall contain his findings and recommendations Court.
together with the evidence;
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4. If the imposable penalty is suspension from the
6. The Board of Governors shall have the power to practice of law or disbarment, the BOG shall
review the decision of the investigator. Its issue a resolution setting forth its findings and
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decision shall be promulgated within a period recommendations. The aggrieved party can file
not exceeding 30 days from the next meeting of a motion for reconsideration of said resolution
the Board following the submission of the with the BOG within fifteen (15) days from
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report of the investigator; and notice. The BOG shall first resolve the incident
and shall thereafter elevate the assailed
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7. If the decision is a finding of guilt of the charges, resolution with the entire case records to the
the IBP Board of Governors shall issue a Supreme Court for final action. If the 15-day
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resolution setting forth its findings and period lapses without any motion for
recommendations which shall be transmitted to reconsideration having been filed, then the BOG
the Supreme Court for final action together with shall likewise transmit to this Court the
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the record. resolution with the entire case records for

appropriate action.
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RE: CLARIFICATION ON THE RULES OF

PROCEDURE OF THE COMMISSION NOTE: Lawyers must update their records with the
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ON BAR DISCIPLINE IBP by informing the IBP National Office or their

(B.M. NO. 1755, 17 JUNE 2008) respective chapters of any change in office or
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residential address and other contact details. In case

Propriety of a Motion for Reconsideration such change is not duly updated, service of notice on
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the office or residential address appearing in the

1. A party can no longer file a motion for records of the IBP National Office shall constitute
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reconsideration of any order or resolution of sufficient notice to a lawyer for purposes of

the Investigating Commissioner, such motion administrative proceedings against him. (Keld
being a prohibited pleading. Stemmerik v. Atty. Leonuel Mas, A.C. No. 8010, 16 June
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2009)
2. Regarding the issue of whether a motion for
reconsideration of a decision or resolution of
the Board of Governors (BOG) can be
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2022 GOLDEN NOTES
Legal Ethics
DISBARMENT PROCEEDINGS 29 June 1998)

BEFORE THE SUPREME COURT
Effect of Lawyer’s Death in an Administrative
1. In proceedings initiated by the Supreme Court Proceeding against him
or in other proceeding when the interest of
S.
justice so requires, the Supreme Court may 1. Renders the action moot and academic, but
refer the case for investigation to the Office of 2. The Court may still resolve the case on its
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the Bar Confidant, or to any officer of the merits in order to clear publicly the name of the
Supreme Court or judge of a lower court, in lawyer
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which case the investigation shall proceed in
the same manner provided in sections 6-11 CONFIDENTIALITY OF DISBARMENT
hereof, save that the review off the report of PROCEEDINGS
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investigation shall be conducted directly by the
Supreme Court. Three-fold Purpose of Confidentiality of
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Disbarment Proceedings
The complaint may also be referred to the IBP
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for investigation, report, and recommendation. 1. To enable the court to make its investigation
(Sec. 13, Rule 139-b, Rules of Court, as amended free from extraneous influence or interference;
by B.M. No. 1645) 2. To protect the personal and professional
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reputation of attorneys from baseless charges
Q: Atty. Narag’s wife filed a petition for of disgruntled, vindictive and irresponsible
disbarment because he courted one of his persons or clients by prohibiting publication of
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students, maintained the said student as a such charges pending their final resolution
mistress and had children with her. On the other (Albano v. Coloma, A.C. No. 528, October 11,
hand, Atty. Narag claimed that his wife was a 1967);
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possessive, jealous woman who abused him and 3. To deter the press from publishing charges or
filed the complaint against him out of spite. Atty. proceedings based thereon for even a verbatim
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Narag, however, failed to refute the testimony reproduction of the complaint against an
given against him as his actions were of public attorney in the newspaper may be actionable.
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knowledge. Is Atty. Narag’s disbarment

appropriate? NOTE: The confidentiality of the proceedings is a
privilege which may be waived by the lawyer in
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A: YES. Atty. Narag failed to prove his innocence whom and for the protection of whose personal and
because he failed to refute the testimony given professional reputation it is vested, as by presenting
S,
against him and it was proved that his actions were the testimony in a disbarment case or using it as
of public knowledge and brought disrepute and impeaching evidence in a civil suit. (Villalon v. IAC,
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suffering to his wife and children. Good moral G.R. No. L-73751, 24 Sept. 1986)
character is a continuing qualification required of
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every member of the bar. Q: Atty. Fortun is the counsel for Ampatuan, Jr.,
the principal accused in the murder cases in the
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Thus, when a lawyer fails to meet the exacting Maguindanao Massacare. Atty. Quinsayas, et al.
standard of moral integrity, the Supreme Court may filed a disbarment complaint against Atty.
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withdraw his or her privilege to practice law. When Fortun on the ground that he used and abused
a lawyer is found guilty of gross immoral conduct, the different legal remedies available and
he may be suspended or disbarred. As a lawyer, one allowed under the rules; and muddled the issues
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must not only refrain from adulterous relationships, and diverted the attention away from the main
but must not behave in a way that scandalizes the subject matter of the cases. Atty. Fortun alleged
public by creating a belief that he is flouting those that Atty. Quinsayas, et al. actively disseminated
moral standards. (Narag v. Atty. Narag, A.C. No. 3405, the details to the media of the disbarment

complaint against him in violation of Rule 139-B NOTE: The judgment, resolution or order of the
of the Rules of Court on the confidential nature foreign court or disciplinary agency shall be prima
of disbarment proceedings. Is Atty. Fortun facie evidence of the ground for disbarment or
correct? suspension. (Supreme Court Resolution, 13 Feb. 1992
amending Sec. 27, Rule 138 of the Rules of Court, as
S.
A: NO. As a general rule, disbarment proceedings amended)
are confidential in nature until their final resolution
S,
and the final decision of this Court. In this case, Q: Atty. Forma is a member of the Philippine Bar.
however, the filing of a disbarment complaint He went to New York City, took the New York
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against Atty. Fortun is a matter of public concern State Bar, and passed the same. He then
considering that it arose from the Maguindanao practiced in New York City. One of his American
Massacre case. The interest of the public is not on clients filed a case for disbarment against him
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Atty. Fortun but primarily on his involvement and for pocketing the money which was entrusted to
participation as defense counsel in the him as payment for the filing fee and other
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Maguindanao Massacre case. incidental expenses of his damage suit. Atty.
Forma came back to the Philippines and
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The Maguindanao Massacre is a very high-profile practiced as a lawyer. Will his disbarment in
case. It is understandable that any matter related to New York be used against him for purposes of
the Maguindanao Massacre is considered a matter disbarment proceedings here in the
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of public interest and that the personalities Philippines? (2014 BAR)
involved, including Atty. Fortun, are considered as
public figure. Thus, media has the right to report the A: Atty. Forma may be disbarred in the Philippines
EZ
filing of the disbarment case as legitimate news. It if the ground for his disbarment in New York is also
would have been different if the disbarment case a ground for disbarment in this country. But he is
against petitioner was about a private matter as the still entitled to due process of law, and the foreign
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media would then be bound to respect the court’s judgment against him only constitutes prima
confidentiality provision of disbarment proceedings facie evidence of unethical conduct as a lawyer. He
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under Section 18, Rule 139-B of the Rules of Court. is entitled to be given an opportunity to defend
(Fortun v. Quinsayas, G.R. No. 194578, 13 Feb. 2013) himself in an investigation to be conducted in
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accordance with Rule 139 of the Revised Rules of

DISCIPLINE OF FILIPINO LAWYERS PRACTICING Court. (In re: Suspension from the Practice of Law in
ABROAD the Territory of Guam of Atty. Leon Maquera, B.M.
G
793, 30 July 2004; Velez v. De Vera, A.C. No. 6697, 25

Judgment of Suspension of a Filipino Lawyer in July 2006)
S,
a Foreign Court
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The judgment of suspension against a Filipino

lawyer in a foreign jurisdiction does not
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automatically result in his suspension or

disbarment in the Philippines as the acts giving rise
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to his suspension are not grounds for disbarment

and suspension in this jurisdiction. Judgment of
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suspension against a Filipino lawyer may transmute

into a similar judgment of suspension in the
Philippines only if the basis of the foreign court's
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action includes any of the grounds for disbarment or

suspension in this jurisdiction. (Velez v. De Vera, A.C.
No. 6697, 25 July 2006)
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2022 GOLDEN NOTES
Legal Ethics
PROCEDURE FOR DISBARMENT OR DISCIPLINE OF ATTORNEYS BY THE

SUPREME COURT MOTU PROPRIO
(Rule 139-B, Rules of Court, as amended by B.M. No. 1645)
S.
Supreme Court shall refer the case to an investigator, who may
S,
either be:
1. Office of the Bar Confidant
2. Any officer of the SC, or
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3. Any judge of a lower court
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Notify Respondent
PR
ZA
RESPONDENT’S VERIFIED ANSWER
(Must be filed within 15 days from service)
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INVESTIGATION
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(TERMINATE WITHIN 3 MONTHS)

W
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REPORT TO SUPREME COURT

(to be submitted not later than 30 days from investigation’s
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termination)
S,
REPORT MUST CONTAIN THE INVESTIGATOR’S:

1. Findings of fact
2. Recommendations
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Legal Ethics
PROCEDURE FOR DISBARMENT OR DISCIPLINE OF ATTORNEYS BY THE IBP

(Rule 139-B, Rules of Court, as amended)
IBP Motu Proprio (Committee on Bar VERIFIED COMPLAINT TO THE IBP BY ANY
S.
Discipline through National Grievance PERSON
Investigator)
Complaint must be:
S,
1. In writing;
2. State facts complained of; and
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3. Supported by affidavits / documents
Shall appoint an investigator / panel of 3
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investigators and notify respondent
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IF NOT MERITORIOUS: IF MERITORIOUS, RESPONDENT TO
Recommend the dismissal of the FILE VERIFIED ANSWER
complaint to the Board of (Must be filed within 15 days from
Governors service)
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DISMISSAL BY BOARD OF GOVERNORS – INVESTIGATION (terminate within 3 months)
(should be promulgated within a period 1. Investigator may issue subpoenas and
not exceeding 30 days from the next administer oaths,
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meeting of the board following the 2. Provide respondent with opportunity to be

submittal of the investigator’s report) heard,
3. May proceed with investigation ex parte should
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respondent fail to appear.

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REPORT TO BOARD OF GOVERNORS (Submitted not later than 30 days from termination
S,
of investigation) containing: (a) Findings of facts; and (b)Recommendations

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The Board of Governors shall recommend to the Supreme Court either: (a) the dismissal of the
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complaint; or (b) the imposition of disciplinary action against the respondent.
NOTE: The resolution shall be issued within a period not exceeding thirty (30) days from the
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next meeting of the Board following the submission of the investigator’s report.
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SUPREME COURT FOR

JUDGMENT
`
2022 GOLDEN NOTES
Practical Exercises
EFFECT OF DESISTANCE OR WITHDRAWAL OF EFFECT OF RESIGNATION

COMPLAINT OR NON-APPEARANCE IN
DISBARMENT PROCEEDINGS Q: Judge Contreras was administratively
charged with Gross Misconduct,
The desistance or the withdrawal of the Insubordination and acts inimical to judicial
complainant of the charges against a judge/lawyer service. However, Judge Amor filed a COC for the
S.
does not deprive the court of the authority to 2002 Barangay Elections, which deemed him
proceed to determine the matter. Nor does it automatically resigned from the judiciary. Can
necessarily result in the dismissal of the complaint he still be administratively liable?
S,
except when, as a consequence of the withdrawal or
desistance, no evidence is adduced to prove the A: YES. Judge Amor’s automatic resignation due to
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charges. (Presado v. Judge Genova, A.M. No. RTJ-91- his filing of a COC for the 2002 Barangay Elections
657, 21 June 1993) did not divest the Court of its jurisdiction in
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determining his administrative liability.
The affidavit of withdrawal of the disbarment case Resignation should not be used either as an escape
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executed by a complainant does not, in any way, or an easy way out to evade an administrative
exonerate the respondent-lawyer. A case of liability or administrative sanction. (OCA v. Judge
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suspension or disbarment may proceed regardless Amor, A.M. No. RTJ-08-2140, 07 Oct. 2014)
of interest or lack of interest of the complainant. The
complainant in a disbarment case is not a direct
party to the case, but a witness who brought the
matter to the attention of the Court. (Quiachon v.
Atty. Ramos, A.C. No. 9317, 04 June 2014)
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DOCTRINE OF RES IPSA LOQUITUR
APPLICABLE TO JUDGES AND LAWYERS
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The doctrine of res ipsa loquitur is applicable in

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cases of dismissal of judges or disbarment of

lawyers. (1996, 2003 BAR)
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This principle or doctrine applies to both judges and

lawyers. Judges had been dismissed from the
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service without the need of a formal investigation

because based on the records, the gross misconduct
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or inefficiency of judges clearly appears. (Uy v.

Mercado, A.M. No. R-368-MTJ, 30 Sept. 1987)
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The same principle applies to lawyers. Thus, where

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on the basis of the lawyer’s comment or answer to a

show-cause order of Supreme Court, it appears that
the lawyer has so conducted himself in a manner
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which exhibits his blatant disrespect to the court, or

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his want of good moral character or his violation of

the attorney’s oath, the lawyer may be suspended or
disbarred without need of trial-type proceeding.
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What counts is that the lawyer has been given the

opportunity to air his side. (Prudential Bank v.
Castro, A.M. No. 2756, 05 June 1986)


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S.

2022 GOLDEN NOTES

FACULTY OF CIVIL LAW

UNIVERSITY OF SANTO TOMAS

form, for distribution or sale, without a written permission.

Released in the Philippines, 2022.

SARAH ANGELA D. EVA CHAIRPERSON

JAN YSABEL U. DE LEON HEAD, PUBLIC RELATIONS OFFICER

KAREN DARYL L. BRITO HEAD, HOTEL ACCOMMODATIONS COMMITTEE

JEDIDIAH R. PADUA SENIOR MEMBER

JOSEPHINE GRACE W. ANG SENIOR MEMBER

ATTY. AL CONRAD B. ESPALDON

ACADEMICS COMMITTEE 2022

LEGAL ETHICS COMMITTEE 2022

MICHAEL GINO D. AZURIN

LEGAL ETHICS SUBJECT HEAD

MARY GENELLE S. CLEOFAS

PRECIOUS JOY D. PACIONELA

ATTY. ABRAHAM D. GENUINO, II

ATTY. ARTHUR B. CAPILI

ATTY. ELGIN MICHAEL C. PEREZ

UST CHIEF JUSTICE ROBERTO CONCEPCION LEGAL AID CLINIC

JUDGE PHILIP A. AGUINALDO

LENY G. GADIANA, R.G.C.

Judge Eduardo B. Bellosillo

Judge Noli C. Diaz

Judge Oscar B. Pimentel

Dean Jose I. Dela Rama, Jr.

Atty. Arnold E. Cacho

Atty. Joseph Ferdinand M. Dechavez

Atty. Abraham D. Genuino, II

REVIEW MATERIAL SHALL BE

BORNE BY THE USER

I. THE CODE OF PROFESSIONAL RESPONSIBILITY ........................................................................................................1

D. TO THE CLIENTS (CANONS 14-22) ........................................................................................................................... 61

CLIENT’S MONEY AND PROPERTIES .......................................................................................................................................... 80

COMPETENCE AND DILIGENCE..................................................................................................................................................... 88

ATTORNEY’S FEES ............................................................................................................................................................................... 99

WITHDRAWAL OF SERVICES....................................................................................................................................................... 118

E. THE LAWYER’S OATH ................................................................................................................................................... 122

DUTIES AND RESPONSIBILITIES OF A LAWYER ................................................................................................................ 122

NATURE AND CHARACTERISTICS OF DISCIPLINARY ACTION AGAINST LAWYERS ......................................... 124

PRESCRIPTION OF ACTIONS ........................................................................................................................................................ 127

PROCEDURE FOR DISBARMENT ................................................................................................................................................ 133

10. Owes candor, fairness and good faith to the

4. Participate in the improvement of the legal

government service his/her client that may come to his/her

the profession and support the activities of the

20. Charge only fair and reasonable fees

21. Preserve the confidence and secrets of the

22. Withdraw services only for good cause and

1 UNIVERSITY OF SANTO TOMAS

APPLICABILITY TO JUDGES, JUSTICES AND A: YES. There is an ethical and/or professional

of Some Administrative Cases Against Justices of the

until one year after discovery of the breach. Both

the sole issue in the two cases, the statute of

this situation? If a problem exists, what are its

a deliberate violation of the Code. Is Atty.

respective counsels and that his time would be