CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

Any act on the part of the lawyer, an officer of the court, which visibly tends to obstruct, pervert, impede and degrade
the administration of justice is contumacious calling for both an exercise of disciplinary action and warranting
application of the contempt power.
Case:
Masinsin vs. Albano (May 31, 1994)
The burden cast on the judiciary would be intolerable if it could not take at face value what is asserted by counsel.
The time that will have to be devoted just to the task of verification of allegations submitted could easily be imagined.
Even with due recognition then that the counsel is expected to display the utmost zeal in defense of a clients cause, it
must never be at the expense of deviation from the truth.
A lawyer is an officer of the court; he is like the court itself, an instrument or agency to advance the ends of justice.
His duty is to uphold the dignity and authority of the courts to which he owes fidelity.
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or
allow the Court to be misled by any artifice.
As an officer of the court, the lawyer must be a minister of the truth.
A lawyer has the obligation not to mislead the court nor allow the court to be misled by an artifice.
The Attorneys Oath mandates lawyers:
1. to do no falsehood
2. nor consent to the doing of the same in court
3. to conduct himself as a lawyer according to the best of his knowledge and discretion with all good fidelity to the
court
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or
the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.
-covers:
1. deliberate misquotation (contents of a paper, language or argument of opposing counsel, text of a decision or
authority)
2. deliberate citation of an inoperative (thru repeal or amendment) provision, citing it as law; if not deliberatenegligence
3. assertion of something as a fact which has not been proven
When a lawyer makes a quotation of a decision in his pleadings, he should quote the same verbatim to avoid
misleading the court.
A mere typographical error in the citation of an authority is not contemptuous. But when the misquotation was
intended, the lawyer is subject to disciplinary action.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of
justice.
A lawyer should always bear in mind that the rules of procedure, like the Rules of Court, are intended to
facilitate the delivery of justice to those to who it is due without unnecessary expense and waste of time for truly
justice delayed is justice denied. Rules of procedure must be used to attain such objective. Any lawyer who uses them
to defeat or frustrate the ends of justice deserves condemnation.
General Rule: Procedural rules are to be observed strictly.
Exception: in the interest of justice, when:
1. procedures are impediment to the objective of attaining justice (Canlas vs. CA, 164 SCRA 160)
2. technicalities should give way to the realities of the situation
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL
OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
The first and primary obligation of the lawyer is towards the court.
The public duties of the lawyer takes precedence over his private duties. Thus, where duties to the courts
conflict with his duties to the client, the latter must yield to the former.
Lawyers must:
1. observe and maintain the respect due to the courts of justice and judicial officers;
2. be respectful not only in their actions but also in their use of language whether in oral arguments or pleadings;
3. exert efforts that others, including their own clients and witnesses, shall deal with the courts and judicial officers
with respect;
4. pursue any complaint within the bounds of law, without in the least promoting distrust in the administration of
justice;
The highest sign of respect to the courts is the lawyers obedience to court orders and processes.
Rule 11.01 - A lawyer shall appear in court properly attired.
To maintain the dignity of the and respectability of the legal profession, lawyers who appear in court must be
properly attired.
Courts have an inherent power to prescribe such rules of procedure or practice as may be necessary for the
proper administration of justice.
As a practical application of this rule, it has been held and recognized that a standard of personal
appearance or attire may be imposed by a court upon persons who appear before it , either as attorneys or parties,
provided that such standard bear some sort of a relationship (necessary, reasonable) to the ability of the court to
properly administer justice.
The traditional attires for male lawyers in the Philippines are:
1

MALE:
Long-sleeved Barong Tagalog
Coat and Tie
FEMALE
Suit
Long-sleeved Blouse and Skirt/Pants
The court can hold a lawyer in contempt of court if he appears not in the proper attire.
Rule 11.02 - A lawyer shall punctually appear at court hearings.
The Lawyers Oath mandates lawyers to delay no man for money or malice.
It is the duty of the lawyer not only to his client, but also to the courts and the public to be punctual in
attendance and to be concise and direct in the trial and disposition of cases.
Lack of punctuality interferes in the speedy administration of justice.
A lawyer may be held in contempt of court for coming in late in the hearing or trial of the case or for failing to
appear in a trial.
Both the judge and the lawyer are in duty bound to perform their duties with punctuality.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.
A lawyers language should be dignified and in keeping with the dignity of the legal profession.
This duty is closely entwined with his vow in the lawyer's oath "to conduct himself as a lawyer with all good
fidelity to the courts"; his duty under Section 20 (b), Rule 138 of the Rules of Court to observe and maintain the
respect due to the courts of justice and judicial officers"; and his duty under the first canon of the Canons Professional
Ethics "to maintain towards the courts a respectful attitude, not for the sake of the temporary incumbent of the
judicial office, but for the maintenance of its incumbent of the judicial office, but for the maintenance of its supreme
importance."
Relate this rule to Rule 8.01, which states that:
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise
improper.
Rule 8.01 has a general application while Rule 11.03 is specific to the courts.
Rule 11.03 covers:
Scandalous behaviors
Unnecessary display of passion
Provocative or challenging gestures
Shouting at the judges, witnesses or opposing counsel
Slapping, boxing, or challenging anyone in court to a fistfight
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the
case.
What is prohibited: to attribute motives to a judge not supported by the records or which are immaterial to
the case.
Case:
Tiongco vs. Aguilar
What is allowed, even encouraged: expose arbitrariness and injustice of courts and judges, within the bounds
of law.
It does not, however, follow that just because a lawyer is an officer of the court, he cannot criticize the
courts. That is his right as a citizen, and it is even his duty as an officer of the court to avail of such right. Thus, In Re:
Almacen (31 SCRA 562, 579-580 [1970]), this Court explicitly declared:
Hence, as a citizen and as an officer of the court, a lawyer is expected not only to exercise the right, but also
to consider it his duty to avail of such right. No law may abridge this right. Nor is he "professionally answerable for a
scrutiny into the official conduct of the judge, which would not expose him to legal animadversion as a citizen."
"Above all others, the members of the bar have the best opportunity to become conversant with the
character and efficiency of out judges. No class is less likely to abuse the privilege, or no other class has as great an
interest in the preservation of an able and upright bench." (State Board of Examiners in Law vs. Hart, 116 N.W. 212,
216).
To curtail the right of a lawyer to be critical of the foibles of courts and judges is to seal the lips of those in
the best position to give advice and who might consider it their duty to speak disparagingly. "Under such a rule," so far
as the bar is concerned, "the merits of a sitting judge may be rehearsed, but as to his demerits there must be
profound silence. (State vs. Circuit Court (72 N.W. 196)).
But it is a cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of
decency and propriety. A wide chasm exists between fair criticism, on the one hand, and abuse and slander of courts
and the judges thereof, on the other. Intemperate and unfair criticism is a gross violation of the duty of respect to
courts. It is such a misconduct that subjects a lawyer to disciplinary action.
The right to criticize, which is guaranteed by the freedom of speech and of expression in the Bill of Rights of
the Constitution, must be exercised responsibly, for every right carries with it a corresponding obligation. Freedom is
not freedom from responsibility, but freedom with responsibility.
The use of unnecessary language which jeopardizes high esteem in courts, or of offensive and abusive
language; or abrasive and offensive language; or of disrespectful, offensive, manifestly baseless, and malicious
statements in pleadings or in a letter addressed to the judge; or of disparaging, intemperate, and uncalled-for
remarks, creates or promotes distrust in judicial administration or tends necessarily to undermine the confidence of
the people in the integrity of the members of the courts and to degrade the administration of justice by the courts.
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.
A lawyer has the duty to defend a judge from unfounded criticism or groundless personal attack.
However, such duty does not prevent a lawyer from filing administrative complaints against erring judges or
2

from accepting cases of clients who have legitimate grievances against them.
The complaint must be filed with the proper authorities only.
Where to file:
Administrative Cases against Judges and Court Personnel Office of the Court Administrator (SC)
Criminal cases against Judges and Court Personnel SC if he same is in relation to the performance of their duties
Justices of the SC impeachable officers (Congress)

Assignment:
Canons 12-13
People vs. Jardin (124 SCRA 167)
Carlet vs. CA(275 SCRA 110)
Garcia vs. Francisco (March 30, 1993)
Washington Distillers Inc. vs. CA (260 SCRA 821)
Benguet Electric Coop vs. Atty. Ernesto B. Flores (AC No. 4058, March 12, 1998)
Rule 132, Sec 3, RRC, Rights and Obligations of a Witness
THE LAWYER AND THE COURTS
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE.
The Canons direct lawyers to exert every effort and to consider it his duty to assist in the speedy and
efficient administration of justice.
Rule 138, Section 20 provides:
g. not to encourage either the commencement or the continuance of an action or proceedings, or delay any
mans cause, from any corrupt motive or interest.
Article III, Section 16 of the 1987 Philippine Constitution:
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial or
administrative bodies.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of
his case, the evidence he will adduce and the order of its proferrence. He should also be ready with the original
documents for comparison with the copies.
Lawyers are mandated to always be ready when he goes to trial.
Covers:
Mastery of the facts of the case
Mastery of the law and the jurisprudence applicable to the case
Collation of every piece of evidence essential to establish the case
Capability of presenting and offering the evidence in an orderly and smooth manner
Inadequate preparation obstruct the administration of justice.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Lawyers shall not file an action which is the subject of a similar pending action.
What is forum shopping?
A lawyer is guilty of forum shopping when as a result of an adverse opinion in one, forum, a party seeks a
favorable opinion in another (Washington Distillers Inc. vs. CA, 260 SCRA 821) by asking different courts to rule on the
same or related causes or grant the same or substantially the same reliefs (Benguet Electric Coop vs. Atty. Ernesto B.
Flores, AC No. 4058, March 12, 1998)
Elements:
two or more cases are pending
involving the same parties, causes of action and reliefs prayed for
Forum shopping is condemnable and the punishment threfor is the dismissal of all actions pending in the
different courts without prejudice to the taking of appropriate actions against the counsel or party concerned.
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period
lapse without submitting the same or offering an explanation for his failure to do so.
General rule: file pleadings on time
Exception: extension of time must be in good faith
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes.
This Rule covers three (3) prohibitions:
To not unduly delay a case;
To not impede the execution of a judgment;
To not misuse Court processes.
Lawyers should utilize the rules of procedure to attain the ends of justice and not to frustrate them.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is
still under examination.
Both the lawyer and the witness have a common duty to uphold the truth.
The rationale of this prohibition is to uphold and maintain fair play with the other party and to prevent the
examining lawyer from being tempted to coach his own witness to suit his purposes.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.
3

This Rule covers:

assisting in the misrepresentation of a witness
inducing a witness in the misrepresentation
impersonating a witness
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
Rule 132, Section 3 of the RRC provides:
Rights and obligations of a witness. A witness must answer questions, although his answer may tend to establish a
claim against him. However, it is the right of a witness:
(1)To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;
(2)Not to be detained longer than the interests of justice require;
(3)Not to be examined except only as to matters pertinent to the issue;
(4)Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law;
or
(5)Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at issue or to a fact
from which the fact in issue would be presumed. But a witness must answer to the fact of his previous final conviction
for an offense.
Rule 138, Section 20 (f) provides:
To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the cause with which he is charged
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
(a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or
(b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must,
during his testimony, entrust the trial of the case to another counsel.
Obligations:
Lawyer: zeal of a partisan
Witness: fairness and impartiality
A lawyer cannot be both as they are in conflict with each other.
General rule: a lawyer cannot be a witness to the same case (self- examination)
Exceptions:
1. formal matters
2. substantial matters, testimony is necessary: entrust examination to another lawyer, with consent of the client
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH
TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.
In handling their cases, lawyers must be guided by the principles of justice, which is rendering or giving one
what is due him.
Lawyers must rely on the merits of their cases and should avoid using influence and connections to win his
cases.
This Rule covers the following prohibition:
refraining from any impropriety which tends to influence the courts;
2. giving the appearance of influencing the court
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating
familiarity with Judges.
The reason behind this prohibition is the protection of the good name of the judge and the lawyer.
This Rule prohibits lawyers from:
1. extraordinary attention or hospitality (lighting his cigarette to spending for his birthday party)
2. opportunity to cultivate familiarity with judges (ninongs, kumpare, etc)
3. discussing cases privately should be avoided
Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse
public opinion for or against a party.
What is contemptuous is the character of the act done and its direct tendency to prevent and obstruct the
discharge of official duty.
In order to warrant the finding of prejudicial publicity, there must be an allegation and proof that the
judges have been unduly influenced, not simply that they might be, by the barrage of publicity.
Martelino vs. Alejandro 32 SCRA 106

Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the
government in the normal course of judicial proceedings.
What is prohibited is the invitation of interference of another government agency in the course of
judicial proceedings.
The basis of this Rule is the principle of separation of powers.
4

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
PROFESSION.
A lawyer as trustee of clients moneys and properties.
Relate this to Article 1491, Civil Code, which provides that lawyers, with respect to the property and rights which may
be the object of any litigation in which they may take part by virtue of their profession, cannot acquire or purchase the
same, even at a public auction, either in person or thru the mediation of another.
Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client.
Lawyers re bound to promptly account for money received by them on behalf of their clients and failure to do
so constitutes professional misconduct.
The fact that a lawyer has a lien for fees on money in his hands collected for his clients does not relieve him
from the duty of promptly accounting for the funds received. However, delivery of funds is subject to the lawyers
lien.
Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by
him.
RULE 16.01 AND 16.02
-accountability of lawyers
-fiduciary and confidential relationship
-commingling is strictly prohibited
-unlawful retention of clients funds
Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. However,
he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all
judgments and executions he has secured for his client as provided for in the Rules of Court.
A lawyer who obtained possession of the funds and properties belonging to his client in the course of his
professional employment shall deliver the same to his client when they become due or upon demand.
The lawyers failure to deliver upon demand gives rise to the presumption that he has misappropriated the
funds for his own use to the prejudice of the client and in violation of the trust reposed in him.
A lawyer shall however have a lien over the clients funds and may apply so much thereof to satisfy his lawful
fees and disbursements but must give prompt notice to his client for the latters advisement.
Attorneys lien
Retaining lien a lien upon the funds, documents, and papers of a lawyers client that have lawfully come into his
possession to insure payment of his professional fees and reimbursement of his lawful disbursements in keeping with
his dignity as an officer of the court.
Charging lien a lien upon all judgments for the payment of money and executions issued in pursuance of such
judgments rendered in the case wherein his services have been retained by the client.
Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest are fully protected by the
nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest
of justice, he has to advance necessary expenses in a legal matter he is handling for the client.
Stated positively, the first part of the rule allows the lawyer to borrow from his client if the clients interests
are fully protected by the nature of the case or by independent advice, while the second part allows a lawyer to lend
money to his client only when he has to advance necessary expenses in a legal matter he is handling for the client as
this will serve the interest of justice.
Champertuous Contracts
- is one where the lawyer stipulates with his client that in the prosecution of the case, the lawyer will bear all the
expenses for the recovery of things or property being claimed by the client, and the latter agrees to pay the former a
portion of the thing or property recovered as compensation
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
CONFIDENCE REPOSED IN HIM.
When the lawyer takes a clients cause, he thereby covenants that he will exert all effort for its prosecution
or defense until its final conclusion. The failure to exercise due diligence or the abandonment of a clients cause
makes such lawyer unworthy of the trust which the client had reposed on him.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.
Relate this to Rule 131, Section 3 (d) and (m) of the RRC, where it is presumed that a person which includes a
counsel takes ordinary care of his concerns and that his official duty as an officer of the court is regularly performed.
However, this presumption may be rebutted by clear and strong evidence.
Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to
render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a
lawyer who is competent on the matter.
When a lawyer accept a case, there is a relative implications that he possesses the requisite degree of
academic learning, skill and ability in the practice of his profession; that he will exert his best judgment, exercise
reasonable and ordinary care and diligence in the pursuit of the case
general rule: not to undertake legal services which he knows or should know h is not qualified or competent to handle
-exception: if the client consents, collaborating counsel may be engaged who is more competent on the matter
Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.
The concept of adequate preparation includes sufficient knowledge of the law and jurisprudence, ability in
trial technique and high proficiency in the preparation of pleadings. It also means efficient handling of cases and the
requisite appropriate attention to each cases.
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith
shall render him liable.
ordinary diligence is required
-liable for negligence
5

-lawyer shall accept only so many cases he can handle

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable
time to the client's request for information.
A lawyer has the obligation to:
-regular status reports of cases
-attend promptly to clients request for information
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not
present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage
in any case or proceeding.
Relate this to Rule 138, Section 20 (d), RRC which provides that a lawyer has the duty to employ, for the
purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and
never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.
Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation, perpetrated
a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall
terminate the relationship with such client in accordance with the Rules of Court.
Take note of the phrase in the course of the representation in the rule.
Relate this to Rule 138, Section 26 of the RRC, which provides that an attorney may retire at any time from
any action or special proceeding, by the written consent of his client filed in court.
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.
A lawyer controls the procedure, not the client (only procedure, as subject matter it is the client alone who
can make the binding admission).
-Belandres vs. Lopez Sugar Mill (97 Phil 100)
THE LAWYER AND THE CLIENT
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
Relate this with Rule 138, Section 24 of the RRC, which reads:
An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for
his services, with a view to the importance of the subject matter of the controversy, the extent of the services
rendered, and the professional standing of the attorney.
Kinds of attorneys fees:
Ordinary concept the reasonable compensation paid to a lawyer by his client for the legal services he has rendered
to the latter. The basis of this compensation is the fact of his employment by and his agreement with the client.
Extraordinary concept an indemnity for damages ordered by the court to be paid by the losing party in a litigation.
The basis of this is any of the cases provided by law, and is payable not to the lawyer but to the client, unless they
have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof.
Adequate compensation is necessary in order to enable the lawyer to serve his client effectively and to
preserve the integrity and independence of the profession.
Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of the proffered case;
(f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
(j) The professional standing of the lawyer.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEYCLIENT RELATION IS TERMINATED.
The nature of lawyer-client relationship is premised on the fiduciary nature of the relationship.
Read this together with Rule 130 Sec. 21 of the RRC, which provides that:
An attorney, cannot without the consent of his client, be examined as to any communication made by the
client to him, or his advice given thereon in the course of professional employment; nor can an attorneys secretary,
stenographer, or clerk be examined, without the consent of the client, and his employer, concerning any fact the
knowledge of which has been acquired in such capacity.
Read also Rule 138 Section 20 (e), RRC:
It is one of the express duties of the lawyer to maintain inviolate the confidences and at every peril to
himself, to preserve the secrets of his client.
Confidence refers to information protected by the attorney-client privilege.
Secret refers to other information gained in the professional relationship that the client has requested to be
held inviolate or the disclosure of which would be embarrassing or will likely be detrimental to the client.
Not all communications relayed to the lawyer by the client are confidential as mere establishment of a clientlawyer relationship does not give rise to presumption of confidentiality.
There must be an intention that the communication relayed by the client to the lawyer be treated as
confidential. The very essence of the veil of secrecy is that the communication is not intended for the information of
third persons. For if it were, and it was relayed to third persons, the communication is not considered privileged.
The reason of the lawyer-client privilege is to encourage and inspire clients to tell all about the facts of their
cases.
6

Even communication made by a prospective client is covered by the privilege. The confidential
communication must be made to the lawyer or in his professional capacity.
Communication includes written, oral, actions or signs, or other means of communications, both direct and
indirect thru messenger, interpreter, or other modes of transmission.
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
(a) When authorized by the client after acquainting him of the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.
General rule: preservation of confidences and secrets of his client even after the attorney-client relation is
terminated.
Exceptions: Rule 21.01; additional: when pleadings containing the said communications are filed, intended to
be sent to third parties through counsel when the same has reached the third party
REQUISITES OF PRIVILEGED COMMUNICATIONS:
existence of atty-client relationship (includes consultancy relationship with a prospective client)
the communication was made by the client to the lawyer in the course of the lawyers professional employment
the communication must be intended to be confidential
-Regala vs. Sandiganbayan, 262 SCRA 125
- Uychico vs. Union Life, 29 Phil 163
Instances when communication is not privileged:
1. when communication is made to a person who is not a lawyer
2. when communication is made to lawyer for some other purpose (custody, business or personal services)
3. commission of future crimes or frauds (past or already committed frauds are privileged)
Who may invoke the privilege?
1. the client
2. the lawyer
3. the lawyers secretary, stenographer, clerk who acquired confidential communication in such capacity
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of
employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.
A lawyer who acquired information from a client in the course of his legal employment, is prohibited from
making use of such information, whether it is privileged or not, to:
Disadvantage of the client
To the lawyers own advantage
To the advantage of a third person
Exception: If the client with full knowledge of the circumstances consents to the use thereof .
Exception to the Exception: In matters of unprivileged information, the lawyer may be judicially compelled to make a
disclosure even if the client objects.
Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an outside
agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar
purpose.
A lawyer shall not give information from his files to an outside agency seeking information for auditing,
statistical, bookkeeping, accounting, data processing or any similar purpose.
Exception: When the client gives his written consent.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited
by the client.
If a client engaged a law firm as counsel, and a lawyer of the firm is assigned to the case, the lawyer may
disclose the affairs of the client to the partners or associates, unless the client has prohibited the lawyer from doing
so.
Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by
him, from disclosing or using confidences or secrets of the clients.
The prohibition against a lawyer from divulging the confidences and secrets of his clients will become a futile
exercise, if his secretary or staff are given the liberty to do what is prohibited of the lawyer.
The lawyer must adopt measures as will prevent those working under him from making disclosures or using
said confidences and secrets.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family.
A lawyer must not only preserve the confidences and secrets of his clients in his law office but also outside
including his home. It is the better practice for lawyers to be always careful and reserved about the secrets of their
clients which they must keep inviolate.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible
conflict of interest.
If a lawyer was consulted about a particular case, and irrespective of whether or not he was thereafter hired
as counsel, should not reveal to others the matter subject of consultation. To do so will be tantamount to revelation of
the confidences and secrets of a client.
The exception is when the lawyer will be placed in a situation of representing conflicting interests if he does
not disclose the consultation to the next person consulting him on the same matter. Otherwise if he remains silent, he
may be violating the rule against representing conflicting interests.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN
THE CIRCUMSTANCES.
The right of an attorney to withdraw or terminate the relation other than for sufficient cause is considerably
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restricted. Among the fundamental rules of ethics is the principle that an attorney who undertakes to conduct an
action impliedly stipulates to carry it to its conclusion.
The lawyer is not at liberty to abandon it without reasonable cause. A lawyers right to withdraw from a case
before its final adjudication arises only from the clients written consent or from a good cause.
Orcino vs Gaspar, AC No. 3773, September 24, 1997
Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is
handling;
(b) When the client insists that the lawyer pursue conduct violative of these canons and rules;
(c) When his inability to work with co-counsel will not promote the best interest of the client;
(d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;
(e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer
agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.
The attorney client relationship is terminated by any of the following causes:
Withdrawal of the lawyer under 22.1
Death of the lawyer, unless it was the law firm which was hired as counsel
Death of the client as the relationship is personal
Discharge or dismissal of the lawyer by the client, for the right to dismiss a counsel is the prerogative of the client,
subject to certain limitations
Appointment or election of a lawyer to a government position which prohibits private practice of law
Full termination of the case or cases
Disbarment or suspension of the lawyer from the practice of law
Intervening incapacity or incompetency of the client during the pendency of the case
Declaration of the presumptive death of the lawyer
Conviction of a crime and imprisonment of the lawyer for quite sometime.
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers
and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the
matter, including all information necessary for the proper handling of the matter.
Attorneys lien
Retaining lien a lien upon the funds, documents, and papers of a lawyers client that have lawfully come into his
possession to insure payment of his professional fees and reimbursement of his lawful disbursements in keeping with
his dignity as an officer of the court.
Charging lien a lien upon all judgments for the payment of money and executions issued in pursuance of such
judgments rendered in the case wherein his services have been retained by the client.
DISCIPLINE OF LAWYERS
Disciplinary proceedings against lawyers are sui generis, neither purely civil nor purely criminal.
Disbarment and Discipline of Lawyers
Grounds:
Deceit;
Malpractice;
Other gross misconduct in office;
Grossly immoral conduct;
Conviction of a crime involving moral turpitude;
Violation of the lawyers oath;
Willful disobedience of any lawful order of a superior court; and
Corruptly or willfully appearing as an attorney for a party to a case without authority to do so.
Institution of disbarment proceedings
1. By the Supreme Court motu proprio;
2. By the Board of Governors of the Integrated Bar of the Philippines:
a. motu proprio;
b. upon referral by the Supreme Court;
c. upon referral by a Chapter Board of Officers; or
d. at the instance of any person upon a verified complaint.
The right to institute a disbarment proceeding is not confined to clients not is it necessary that the person
complaining suffered injury fro the alleged wrongdoing. Disbarment proceedings are matters of public interest and
the only basis for judgment is the proof or failure of proof of charges.
Any person aggrieved by the misconduct of a lawyer may file the corresponding administrative case with the
proper forum. Or, any person even if not aggrieved but who knows of the lawyers misconduct, unlawful or unethical
act may initiate the proceedings. A disbarment case involves no private interests.
Disciplinary authority (penalties that may be imposed):
The Supreme Court may impose the penalties of: (1) warning; (2) admonition; (3) fine; (4) suspension; (5) disbarment;
and (6) contempt, but may not impose imprisonment.
The Court of Appeals and the Regional Trial Court may impose the penalties of (1) warning; (2) admonition; (3) fine; (4)
suspension; and (5) contempt, but may not impose disbarment or imprisonment.
The Sandiganbayan and the Court of Tax Appeals could impose the penalties of (1) warning; (2) admonition; and (3)
fine, but not suspension, disbarment or imprisonment.
The MCTs and MCTCs could impose the penalty of (1) warning; (2) admonition; (3) fine; and (4) imprisonment, but not
suspension and disbarment.
CASES:
1. Po Cham vs. Pizarro A.C. 5499 August 16, 2005
2. Leticia Adrimisin Vs. Atty. Rolando S. Javier. A.C. No. 2591 September 8, 2006
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3. Sambajon Vs. Atty. Suing. A.C. No. 7062 September 26, 2006
The legal remedies to suppress the unauthorized practice of law include petitions for injunction, declaratory
relief, contempt of court, or disqualification and complaints for disbarment. A criminal complaint for estafa may also
be filed against a person who falsely represented to be an attorney to the damage of a party. Any of these
proceedings may be instituted by an aggrieved or interested party or by a bar association.
The New Code of Judicial Conduct for the Philippine Judiciary
Bangalore Draft a draft of the Code of Judicial Conduct intended to be the Universal Declaration of Judicial
Standards applicable in all judiciaries and adopted by the Judicial Group on Strengthening Judicial Integrity on
November 25-26, 2002.
Judicial competence
- demands that the judges should be proficient in both substantive and procedural aspects of the law. They have to
exhibit more than just cursory acquaintance with statutes and procedural rules and be conversant as well with basic
legal principles and well-settled authoritative doctrines.
Judicial identity does not terminate at the end of the day when he takes off his judicial robes. The personal
behavior of a judge, both in the performance of official duties and in private life, should be above suspicion.
General principles on judicial ethics
More than all the other functionaries of government, judges are expected to act at all times with rectitude and to live
an honorable life.
The demand of uprightness upon a judge pertains not only to his public conduct and behavior but also upon his
private acts and deeds.
It is imperative that a judge should not only be independent, honest, fair, diligent and competent but must be
perceived by the public to be so.
The test to determine whether an act or behavior of a judge is ethical or not is: would a fair minded, informed and
reasonable person apprehend an unethical conduct in a particular act or behavior of a judge?
Canon
Canon
Canon
Canon
Canon
Canon

1.
2.
3.
4.
5.
6.

Independence
Integrity
Impartiality
Propriety
Equality
Competence and diligence.

CANON 1
Judicial independence
Judicial independence is the capacity of the courts to perform their constitutional function free from actual or
apparent interference, and to the extent that it is constitutionally possible, free from actual or apparent dependence
upon any person or institution, including in particular, the executive arm of government.
Two aspects of judicial independence
1. Institutional aspect The capacity of the judiciary to function effectively and independently of the executive and
legislative departments of government.
2. Individual aspect The capacity of a judge to perform his judicial task without any interference from anybody or any
office and to render a decision based upon the established facts and the applicable law.
Safeguards of judicial independence
Institutional safeguards
1. The Supreme Court
cannot be abolished nor its membership be changed by mere legislation;
may not be deprived of its minimum original and appellate jurisdiction as prescribed in the Constitution;
has administrative supervision over all inferior courts and their personnel;
exclusive power to discipline judges of lower courts;
may formulate rules of court;
only it can order the temporary assignment of judges to places other than their regular stations;
can appoint all officials and employees of the judiciary;
may not be burdened with an increase by law of its appellate jurisdiction without its advice and concurrence.
2. Members of the Supreme Court can be removed only by impeachment.
3. All justices and judges of all levels of court have security of tenure which cannot be undermined by a law
reorganizing the judiciary.
4. Justices and judges shall not be designated to any agency performing quasi-judicial or administrative functions.
5. The salaries of justices and judges may not be reduced during their continuance in office.
6. The judiciary shall enjoy fiscal autonomy.
Individual safeguards
1. Security of tenure;
2. Security of adequacy of remuneration;
3. Immunity from civil and criminal liabilities for their judicial acts; and
4. Firm but reasonable mechanism for disciplining erring judges.
Most important aspects of judicial independence
1. Selection
The selection process of judges and justices must be rigid and based upon merit of the highest quality.
2. Tenure
The tenure of judges should be secured and for a comparatively longer period than other public officials.
3. Removal
The grounds for removal of judges must be clearly defined and limited only to serious misconduct affecting
their fitness to occupy a judicial position. The process of removal should be fair and with full observance of the rule on
due process.
The traditional sources of threat, pressure or influence against or over judges which may impair their
independence:
1. Influence from relatives, friends, associates or colleagues;
2. Pressure from political patrons and other benefactors;
3. Threats with legal undertones, such as threats to
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a. file administrative, civil or criminal suit against him;

b. expose a judge in media; or
c. be the object of mass demonstration.
4. Threats to life or limb from
a. criminal elements;
b. rebels; and
c. desperate litigants.
CANON 2
Integrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor
of judges.
Judges are ordered to ensure that not only is their conduct above reproach, but that it is perceived to be so in
the view of a reasonable observer.
CANON 3
Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself
but also to the process by which the said decision is made.
Judges shall perform their judicial duties without favor, bias and prejudice.
Sec. 5 requires judges to inhibit themselves in the following situation:
The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts
concerning the proceedings;
The judge previously served as a lawyer or was a material witness in the matter in controversy;
The judge, or a member of his or her family, has an economic interest in the outcome of the matter in controversy;
d. The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in controversy, or
former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness
therein;
e. The judges ruling in a lower court is the subject of review;
f. The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within
the fourth civil degree; or
g. The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary or
otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be
substantially affected by the outcome of the proceedings.
A judge disqualified may instead of withdrawing from the proceeding, disclose on the records the basis of
disqualification. If, based on such disclosure, the parties and lawyers independently of the judges participation, all
agree in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in the
proceedings. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the
proceedings.
CANON 4
Propriety and the appearance of propriety are essential to the performance of all activities of a judge.
As subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as
burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges shall conduct
themselves in a way that is consistent with the dignity of the judicial office.
Judges shall, in their personal relations with individual members of the legal profession who practice regularly
in their court, avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or
partiality.
Confidential information acquired by judges in their judicial capacity shall be used or disclosed by for any
other purpose NOT related to their judicial duties.
Refer:
AM No. 03-05-01-SC
June 6, 2006
CANON 5
Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial
office.
Judges shall be aware of, and understand, diversity in society and differences arising from various sources,
including but not limited to race, color, sex, religion, national origin, caste, disability, age, marital status, sexual
orientation, social and economic status and other like causes.
Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct,
bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in proceedings and may
be the subject of legitimate advocacy.
CANON 6
Competence and diligence are prerequisites to the due performance of judicial office.
The judicial duties of a judge take precedence over all other activities. Judges shall perform all judicial
duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness.
CODE OF CONDUCT FOR COURT PERSONNEL
AM No. 03-06-13-SC
This Code of Conduct for Court Personnel shall apply to all personnel in the judiciary who are not justices or
judges. Court personnel who are no longer employed in the Judiciary but who acquired, while still so employed,
confidential information as defined in the second paragraph of Section 1 of Canon II on Confidentiality are subject to
Section 4 thereof.
CANON I
FIDELITY TO DUTY
Court personnel shall not use their official position to secure unwarranted benefits, privileges or exemptions
for themselves or for others.
CANON II
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CONFIDENTIALITY
Court personnel shall not disclose to any unauthorized person any confidential information acquired by them while
employed in the judiciary, whether such information came from authorized or unauthorized sources.
Confidential information means information not yet made a matter of public record relating to pending cases, as well
as information not yet made public concerning the work of any justice or judge relating to pending cases, including
notes, drafts, research papers, internal discussions, internal memoranda, records of internal deliberations and similar
papers.
The notes, drafts, research papers, internal discussions, internal memoranda, records of internal deliberations and
similar papers that a justice or judge uses in preparing a decision, resolution or order shall remain confidential even
after the decision, resolution or order is made public.
Unless expressly authorized by the designated authority, court personnel shall not disclosed confidential information
given by litigants, witnesses or attorneys to justices, judges or any other person.
Former court personnel shall not disclose confidential information acquired by them during their employment
in the Judiciary when disclosed by current court personnel of the same information would constitute a breach of
confidentiality. Any disclosure in violation of these provisions shall constitute indirect contempt of court.
CANON III
CONFLICT OF INTEREST
A conflict of interest exist when:
1. the court personnels objective ability or independence of judgment in performing official duties is impaired or may
reasonably appear to be impaired; or
2. the court personnel, the personnels immediate family, or the personnels business or other financial interest would
derive financial gain because of the personnels official act.
The term immediate family shall include the following whether related by blood, marriage or adoption: (a)
spouse, (b) children, (c) brother, (d) sister, (e) parent, (f) grandparent, (g) grandchildren, (h) father-in-law, (i) motherin-law, (j) sister-in-law, (k) brother-in-law, (l) son-in-law, (m) daughter-in-law, (n) stepfather, (o) stepmother, (p)
stepson, (q) stepdaughter, (r) stepbrother, (s) stepsister, (f) half-brother, (u) half-sister.
CANON IV
PERFORMANCE OF DUTIES
Court personnel shall at all times perform official duties properly and with diligence. They shall commit themselves
exclusively to the business and responsibilities of their office during working hours.
In performing official duties, court personnel shall not discriminate nor, manifest, by word or conduct, bias or prejudice
based on race, religion, national or ethnic origin, gender or political affiliation.

11