Introduction To Legal Ethics
uphold its dignity and authority and to defend its integrity, not only because it has conferred
Director of Religious Affairs vs. Bayot
74 Phil 749; March 20, 1944
It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises
his wares. Law is a profession and not a trade.
Ledesma vs. Climaco
G.R. No 12815; June 28,1974
Membership in the bar is a privilege burdened with conditions. The law is indeed a profession
dedicated to the ideal of service and not a mere trade.
Cui vs. Cui
11 SCRA 755; August 31, 1964
Titulo de Abogado means not mere possession of the academic degree of Bachelor of Laws
but membership in the Bar after due admission thereto, qualifying one for the practice of law.
A Bachelors degree alone, conferred by a law school upon completion of certain academic
requirements, does not entitle its holder to exercise the legal profession.
Villegas vs. Legaspi
113 SCRA 39; March 25, 1982
No member of the Batasang Pambansa shall appear as counsel before any court without
appellate jurisdiction. The objective of the prohibition, then and now, is clearly to remove
any possibility of undue influence upon the administration of justice, to eliminate the possible
use of office for personal gain, to ensure impartiality in trials and thus preserve the
independence of the Judiciary.
Enriquez vs. Gimenez
107 Phil 932; April 29, 1960
The provincial fiscal is disqualified to represent in court the municipality if and when original
jurisdiction of the case involving the municipality is vested in the Supreme Court; when the
municipality is a party adverse to the provincial government or to some other municipality in
the same province; and when in the case involving the municipality, he, or his wife, or child,
is pecuniarily involved as heir, legatee, creditor or otherwise.
Unlike a practicing lawyer who has the right to decline employment, a fiscal cannot refuse
the performance of his functions on grounds not provided for by law without violating his oath
of office, where he swore, among others, "that he
will well and faithfully discharge to the best of his ability the duties of the office or position
upon which he is about to enter.
Salcedo vs. Hernandez
61 Phil 724; August 8, 1935
LEGAL ETHICS
As a member of the bar and an officer of the Supreme Court, an attorney is duty bound to
upon him the high privilege, not a right, of being what he now is: a priest of justice, but also
because in so doing he neither creates nor promotes distrust in the administration of justice,
and he prevents anybody from harboring and encouraging discontent, which in many cases,
is the source of disorder, thus undermining the foundation on which rests the bulwark called
judicial power to which those who are aggrieved turn for protection and relief.
It is right and plausible that an attorney, in defending the cause and rights of his client,
should do so with all the fervor and energy of which he is capable, but it is not, and will never
be so for him to exercise said right by resorting to intimidation or proceeding without the
propriety and respect which the dignity of the courts require, by reason respect of the courts
guarantees the stability of their institution.
Alawi vs. Alauya
268 SCRA 628; February 24, 1997
While one who has been admitted to the Sharia bar, and one who has been admitted to the
Philippine bar, may both be considered counselors, in the sense that they give counsel or
advice in a professional capacity, only the latter is an attorney. The title of attorney is
reserved to those who, having obtained the necessary degree in the study of law and
successfully taken the bar examinations, have been admitted to the integrated bar of the
Philippines and remain members thereof in good standing; and it is they only who are
authorized to practice law in this jurisdiction.
Pangan vs. Ramos
93 SCRA 87; September 7, 1979
The attorneys roll or register is the official record containing the names and signatures of
those who are authorized to practice law. A lawyer is not authorized to use a name other than
the one inscribed in the Roll of Attorneys in his practice of law, otherwise, they are guilty of
deception and demonstrate lack of candor in dealing with the courts.
Philippine Lawyers Association vs. Agrava
105 Phil 173; February 16, 1959
Practice of law in the Philippines includes such appearance before the Patent
Office, the representation of applicants, oppositors, and other persons, and the prosecution of
their applications for patent, their oppositions thereto or the enforcement of their rights in
patent cases. Members of the Philippine Bar authorized by the Supreme Court to practice law,
and in good standing, may practice their profession before the Patent Office, for the reason
that much of the business in said office involves the interpretation and determination of the
scope and application of the patent law and other laws involved.
Ui vs. Bonifacio
333 SCRA 38; June 8, 2000
The practice of law is a privilege that can be revoked, subject to the mandate of due process,
once a lawyer violates his oath and the dictates of legal ethics.
1
An applicant must possess good moral character, which is a continuous requirement to the
enjoyment of the privilege of law practice; otherwise, the loss thereof is a ground for the
revocation of such privilege.
Deles vs. Aragona
27 SCRA 633; March 28, 1969
Lawyers should be allowed great latitude of pertinent comment in the furtherance of the
causes they uphold, and for the felicity of their clients they may be pardoned some infelicities
of language.
The object of a disbarment proceeding is not so much to punish the individual attorney
himself, as to safeguard the administration of justice by protecting the court and the public
from the misconduct of officers of the court, and to remove from the profession of law
persons whose disregard for their oath of office have proved them unfit to continue
discharging the trust reposed in them as members of the bar.
Blanza vs. Arcangel
21 SCRA 1; September 5, 1967
A lawyer has a more dynamic and positive role in the community than merely complying with
the minimal technicalities of the statute. As a man of law, he is necessarily a leader of the
community, looked up to as a model citizen; and his conduct must, perforce, be par
excellence, especially so when, as in this case, he volunteers his professional services.
Zoreta vs. Simpliciano
443 SCRA 1; November 18, 2004
Notarization is not an empty, meaningless, routinary actit is invested with substantive
public interest, such that only those who are qualified or authorized may act as notaries
public.
The lawyer s act of notarizing documents without the requisite commission therefor is
reprehensible, constituting as it does not only malpractice but also the crime of falsification
of public documents
A-1 Financial Services, Inc. vs. Valerio
622 SCRA 616; July 2, 2010
The deliberate failure to pay just debts and the issuance of worthless checks constitute gross
misconduct, for which a lawyer may be sanctioned with suspension from the practice of law,
because a lawyer is expected to maintain not only legal proficiency but also a high standard
of morality, honesty, integrity and fair dealing so that the peoples faith and confidence in the
judicial system is ensured.
A lawyers failure to answer the complaint against him and his failure to appear at the
investigation are evidence of his flouting resistance to lawful orders of the court and illustrate
his despiciency for his oath of office in violation of Section 3, Rule 138 of the Rules of Court.
RE: 2003 Bar Examination Matter No. 1222
421 SCRA 703; April 24, 2009
LEGAL ETHICS
In cases of Disbarment, The Court will take into consideration the applicants character and
standing prior to the disbarment, the nature and character of the charge/s for which he was
disbarred, his conduct subsequent to the disbarment and the time that has elapsed in
between the disbarment and the application for reinstatement.
Petitioners act in copying the examination questions from Atty. Balgos computer without the
latters knowledge and consent, and which questions later turned out to be the bar
examinations questions in Mercantile Law in the 2003 Bar Examinations, is not at all
commendable, and should be sanctioned for unduly compromising the integrity of the bar
examinations as well as of the court.
Admission To Practice
In re: Lanuevo
66 SCRA 245; August 29, 1975
It should be stressed that once the bar examiner has submitted the corrected notebooks to
the Bar Confidant, the same cannot be withdrawn for any purpose whatsoever without prior
authority from the Court.
First Lepanto Ceramics, Inc. vs. Court of Appeals
237 SCRA 519; March 10, 1994
The right to appeal from decisions or final orders of the BOI under E.O. 226 remains and
continues to be respected. Circular 1-91 simply transferred the venue of appeals from
decisions of this agency to respondent Court of Appeals and provided a different period of
appeal, i.e., fifteen (15) days from notice.
In re: Cunanan
94 Phil 534; 1954
The distinction between the functions of the legislative and the judicial departments is that it
is the province of the legislature to establish rules that shall regulate and govern in matters
of transactions occurring subsequent to the legislative action, while the judiciary determines
rights and obligations with reference to transactions that are past or conditions that exist at
the time of the exercise of judicial power, and the distinction is a vital one and not subject to
alteration or change either by legislative action or by judicial decree.
The judiciary cannot consent that its province shall be invaded by either of the other
departments of the government.
Kuroda vs. Jalandoni
83 Phil 171
The appointment of the two American attorneys is not violative of our national sovereignty
and tt is only fair and proper that the United States, which has submitted the vindication of
crimes against her government and her people to a tribunal of our nation, should be allowed
representation in the trial of those very crimes.
It appearing that Attys. Hussey and Port are aliens and have not been authorized by the
Supreme Court to practice law, they cannot appear as prosecutors in a case pending before
the War Crimes Commission.
2
 Omico Mining And Industrial Corporation vs. Vallejos
63 SCRA 285; 1975
It is based on sound reasons of public policy, for there is no question that the rights, duties,
privileges and functions of the office of an attorney-at- law are so inherently incompatible
with the high official functions, duties, powers, discretions and privileges of a judge of the
Court of First Instance. This inhibitory rule makes it obligatory upon the judicial officers
concerned to give their full time and attention to their judicial duties, prevent them from
extending special favors to their own private interests and assure the public of their
impartiality in the performance of their functions.
People vs. Villanueva
14 SCRA 109; 1965
The appearance as counsel on one occasion is not conclusive as determinative of
engagement in the private practice of law. The word private practice of law implies that one
must have presented himself to be in the active and continued practice of the legal
profession and that his professional services are available to the public for a compensation,
as a source of his livelihood or in consideration of his said services.
Dia-Anonuevo vs. Bercasio
68 SCRA 81; 1975
The rule disqualifying a municipal judge from engaging in the practice of law seeks to avoid
the evil of possible use of the power and influence of his office to affect the outcome of
litigation where he is retained as counsel. The practice of law is not limited to the conduct of
cases in court or participation in court proceedings but also includes preparation of pleadings
or papers in anticipation of litigation, and giving of legal advice to clients or persons needing
the same.
De Guzman vs. Visayan Rapid Transit Co.
68 Phil 469; 1939
The importance, merits and value of professional services of a lawyer are measured not alone
by his work taken separately, but by his work taken as a whole. There are services which,
when taken separately, may not in themselves have any noticeable special merit, but when
considered in connection with the other works and services of the lawyer to which they are
related, acquire an unquestionable value.
Cayetano vs. Monsod
201 SCRA 210; 1991
The practice of law is not limited to the conduct of cases or litigation in court; it embraces the
preparation of pleadings and other papers incident to actions and special proceeding, the
management of such actions and proceedings on behalf of clients before judges and courts,
and in addition, conveying. The contention that Atty. Monsod does not posses the required
qualification of having engaged in the practice of law for at least ten years is incorrect since
Atty. Monsods past work experience as a lawyer-economist, a lawyer-manager, a lawyer-
entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both rich
LEGAL ETHICS
and the poor verily more than satisfy the constitutional requirement for the position of
COMELEC chairman.
In re: Edillon
84 SCRA 554; 1978
To compel a lawyer to be a member of the Integrated Bar is not violative of his constitutional
freedom to associate. Integration does not make a lawyer a member of any group of which he
is not already a member.
Tajan vs. Cusi
57 SCRA 154; 1974
An attorney-at-law is an officer of the court in the administration of justice and as such he is
continually accountable to the Court for the manner in which he exercises the privilege which
has been granted to him. His admission to the practice of law is upon the implied condition
that his continued enjoyment of the right conferred is dependent upon his remaining a fit and
safe person to exercise it.
Alcala vs. Vera
56 SCRA 30; 1974
In failing to inform his clients of the decision in the civil case handled by him, the lawyer
failed to exercise such skill, care, and diligence as men of the legal profession commonly
possess and exercise in such matters of professional employment. The relationship of lawyer-
client being one of confidence, there is ever present the need for the clients being
adequately and fully informed and should not be left in the dark as to the mode and manner
in which his interests are being defended; It is only thus that their faith in counsel may
remain unimpaired.
Catimbuhan vs. Cruz
126 SCRA 190; 1983
Section 34, Rule 138 of the Rules of Court, clearly provides that in the municipal court a party
may conduct his litigation in person with the aid of an agent appointed by him for the
purpose. If a non-lawyer can appear as defense counsel or as friend of the accused in a case
before the municipal trial court, with more reason should he be allowed to appear as private
prosecutor under the supervision and control of the trial fiscal.
Hydro Resources Contractors Corp. vs. Paglilauan
172 SCRA 199; 1989
A lawyer, like any other professional, may very well be an employee of a private corporation
or even of the government. It is not unusual for a big corporation to hire a staff of lawyers as
3
its in-house counsel, pay them regular salaries, rank them in its table of organization, and
otherwise treat them like its other officers and employees.
Ramos vs. Rada
65 SCRA 179; 1975
Rada has violated the civil service rule prohibiting government employees from engaging
directly in a private business, vocation or profession or being connected with any
commercial, credit, agricultural or industrial undertaking without a written permission from
the head of the Department, but, indubitably, his private business connection has not
resulted in any prejudice to the Government service. Thus, his violation of the rulethe lack
of prior permission is a technical one, and he should be meted no more than the minimum
imposable penalty, which is reprimand.
Beltran vs. Abad
132 SCRA 452; 1984
Respondent Abad should know that the circumstances which he has narrated do not
constitute his admission to the Philippine Bar and the right to practice law thereafter. He
should know that two essential requisites for becoming a lawyer still had to be performed,
namely: his lawyers oath to be administered by this Court and his signature in the Roll of
Attorneys.
Bacaro vs. Pinatacan
127 SCRA 218; 1984
One of the indispensable requisites for admission to the Philippine Bar is that the applicant
must be of good moral character. This requirement aims to maintain and uphold the high
moral standards and the dignity of the legal profession, and one of the ways of achieving this
end is to admit to the practice of this noble profession only those persons who are known to
be honest and to possess good moral character.
Diao vs. Martinez
7 SCRA 475; 1963
Passing the bar examination is not the only qualification to become an attorney- at-law,
taking the prescribed legal courses in a regular manner is also essential.
In re: Argosino
270 SCRA 26; 1997
Every lawyer should at ALL TIMES weigh his actions according to the sworn promises he
makes when taking the lawyers oath. If all lawyers conducted themselves strictly according
to the lawyers oath and the Code of Professional Responsibility, the administration of justice
will undoubtedly be faster, fairer and easier for everyone concerned.
Collantes vs. Renomeron
200 SCRA 584; 1981
LEGAL ETHICS
The lawyers oath imposes upon every lawyer the duty to delay no man for money or malice.
The lawyers oath is a source of obligations and its violation is a ground for his suspension,
disbarment or other disciplinary action.
Lawyers Duties To Society
Montecillo vs. Gica
60 SCRA 234; 1974
It is the duty of the lawyer to maintain towards the courts a respectful attitude. As an officer
of the court, it is his duty to uphold the dignity and authority of the court to which he owes
fidelity, according to the oath he has taken.
In re: Guttierrez
5 SCRA 661; 1962
For the admission of a candidate to the bar the Rules of Court not only prescribe a test of
academic preparation but require satisfactory testimonials of good moral character. These
standards are neither dispensed with nor lowered after admission: the lawyer must continue
to adhere to them or else incur the risk of suspension or removal.
Oronce vs. Court of Appeals
298 SCRA 133; 1998
Be that as it may, what is disturbing to the Court is the conduct of her husband, Eduardo
Flaminiano, a lawyer whose actuations as an officer of the court should be beyond reproach.
Under the Code of Professional Responsibility, he is prohibited from counseling or abetting
activities aimed at defiance of the law or at lessening confidence in the legal system.
De Ysasi III vs. NLRC
231 SCRA 173; 1994
Once again, we reiterate that the useful function of a lawyer is not only to conduct litigation
but to avoid it whenever 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. He
should be a mediator for concord and a conciliator for compromise, rather than a virtuoso of
technicality in the conduct of litigation.
Pajares vs. Abad Santos
30 SCRA 748; 1974
As we recently said in another case,3 the cooperation of litigants and their attorneys is
needed so that needless clogging of the court dockets with unmeritorious cases may be
avoided. There must be more faithful adherence to Rule 7, section 5 of the Rules of Court
which provides that "the signature of an attorney constitutes a certificate by him that he has
read the pleading and that to the best of his knowledge, information and belief, there is good
ground to support it; and that it is not interposed for delay" and expressly admonishes that
"for a willful violation of this rule an attorney may be subjected to disciplinary action."
People vs. Rosqueta
55 SCRA 486; 1974
4

It has been a commendable practice of some members of the bar under such circumstances,
to be designated as counsel de oficio. They manifest fidelity to the concept that law is a
profession and not a mere trade with those engaged in it being motivated solely by the desire
to make money.
De Roy vs. Court of Appeals
157 SCRA 757; 1989
It is the bounden duty of counsel as lawyer in active law practice to keep abreast of decisions
of the Supreme Court particularly where issues have been clarified, consistently reiterated,
and published in the advance reports of Supreme Court decisions (G. R. s) and in such
publications as the Supreme Court Reports Annotated (SCRA) and law journals.
Far Eastern Shipping Co. vs. Court of Appeals
297 SCRA 30l 1998
More specifically, a lawyer is obliged to observe the rules of procedure and not to misuse
them to defeat the ends of justice. It behooves a lawyer, therefore, to exert every effort and
consider it his duty to assist in the speedy and efficient administration of justice
Jose vs. Court of Appeals
70 SCRA 257; 1976
That a prosecuting officer, as the representative of a sovereignty whose obligation and
interest in a criminal prosecution is not that it shall win a case but that justice shall be done,
has the solemn responsibility to assure the public that while guilt shall not escape, innocence
shall not suffer.
People vs. Pineda
20 SCRA 748; 1967
A prosecuting attorney, by the nature of his office, is under no compulsion to file a particular
criminal information where he is not convinced that he has evidence to prop up the
averments thereof, or that the evidence at hand points to a different conclusion.
People vs. Madera
57 SCRA 349; 1974
This is good a time as any to emphasize upon those in charge of the prosecution of criminal
cases that the prosecutor's finest hour is not when he wins a case with the conviction of the
accused. His finest hour is still when, overcoming the advocate's natural obsession for
victory, he stands up before the Court and pleads not for the conviction of the accused but
for his acquittal.
Tan vs. Gallardo
LEGAL ETHICS
73 SCRA 306; 1976
Therefore, although the private prosecutors may be permitted to intervene, they are not in
control of the case, and their interests are subordinate to those of the People of the
Philippines represented by the fiscal.
People vs. Sendaydiego
81 SCRA 120; 1978
Private prosecutors may appear in criminal cases under the direction and control of the
fiscal and that the provincial fiscal shall represent the province in any court.
Misamin vs. San Juan
72 SCRA 491; 1976
Respondent, in his future actuations as a member of the bar, should refrain from laying
himself open to such doubts and misgivings as to his fitness not only for the position
occupied by him but also for membership in the bar. He is not worthy of membership in an
honorable profession who does not even take care that his honor remains unsullied.
PCGG vs. Sandiganbayan and Mendoza
G.R. No 151809-12; April 12, 2005
Matter as any discrete, isolatable act as well as identifiable transaction or conduct involving a
particular situation and specific party, and not merely an act of drafting, enforcing or
interpreting government or agency procedures, regulations or laws, or briefing abstract
principles of law.
Lawyers Duties to The Legal Profession Rivera vs. Angeles
339 SCRA 149; 2000
The Supreme Court stresses the importance of integrity and good moral character as part of
a lawyer's equipment in the practice of his profession. Thus, acts of deceit and malpractice
inexorably diminishes the respect of the litigants for the profession.
Ducut, Jr. vs. Villalon, Jr.
337 SCRA 622; 2000
Public confidence in law and lawyers may be eroded by the irresponsible and improper
conduct of a member of the Bar.
A lawyer may be disciplined or suspended for any misconduct, whether in his professional or
private capacity, which shows him to be wanting in moral character, in honesty, in probity
and good demeanor.
Tan vs. Sabandal
126 SCRA 60; 1993
5
A successful Bar examinee, without having signed in the Roll of Attorneys and had taken the Tan Tek Beng vs. David
Lawyer's Oath, is also subject to the Codes of Professional Ethics. A successful Bar examinee, 126 SCRA 389; 1983
not yet being admitted in the Bar, who holds himself out as a lawyer by appearing in courts,
is engaged in the unauthorized practice of law. The practice of soliciting cases at law for the purpose of gain, either personally or through
In re: Parazo agents or brokers is tantamount to malpractice. It should be kept in mind that lawyers,
82 Phil 230; 1948 subject to the exceptions given by the law, are prohibited from sharing his legal fees to those
who are not in the legal profession.
As the conduct of Bar Examinations and the Legal Profession is imbued with General Interest
and National Importance, it is but just that the immunity of newspapermen be disregarded as Director of Religious Affairs vs. Bayot
to protecting its sources from investigation as to any anomaly that may be alleged in the 74 Phil 579; 1944
conduct of the Bar Examinations.
It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises
Pangan vs. Ramos his wares. Law is a profession not a trade.
107 SCRA 1; 1981

Being acquitted from a criminal charge will not necessarily result in the dismissal of the
immorality charge against a lawyer; also, the persistent use of another name not appearing
in the Roll of Attorneys suggests lack of candor and respect for the Court.

Ulep vs. Legal Clinic, Inc.

Nardo vs. Linsangan
58 SCRA 85; 1974
Mutual bickering and unjustifiable recriminations, between brother attorneys detract from the
dignity of the legal profession and will not receive any sympathy from this court.
223 SCRA 378; 1993
Practice of law means any activity, in or out of court, which requires the application of law,
legal procedures, knowledge, training and experience. The practice of giving out legal
information constitutes practice of law, and therefore, may not be done by mere "paralegals"
but of lawyers.

Laput vs. Remotigue Lawyers Duties To Courts

6 SCRA 45; 1962 City Sheriff, Iligan City vs. Fortunado
288 SCRA 190; 1998
The appearance of the second lawyer is not unprofessional, unethical or improper; the first
lawyers voluntary withdrawal as counsel and his filing of a motion for the payment of his A lawyer is, first and foremost, an officer of the court. His duties to the court are more
fees amounted to an acquiescence to the appearance of the second lawyer. significant than those which he owes to his client. His first duty is not to his client but to the
administration of justice; to that end, his client's success is wholly subordinate; and his
Camacho vs. Pangulayan conduct ought to and must always be scrupulously observant of the law and ethics of the
328 SCRA 631; 2000 profession.

A lawyer who fails to communicate with the counsel of the other party of his intent to
negotiate with them is an inexcusable violation of the canons of professional ethics, whether
by design or oversight.
Robinson vs. Villafuerte
18 Phil 121; 1911
There are no legal provisions authorizing a private person to intervene at the hearing of a
suit, even though he be a clerk for the attorneys of one of the litigants, if he does not possess
the qualifications of a practicing attorney, and is not one of the parties interested in the
litigation; his intervention was improperly allowed, even though an attorney acting in place of
original counsel was present at the hearing.
LEGAL ETHICS
Occena vs. Marquez
60 SCRA 38; 1974
The conduct of the lawyer before the court and with other lawyers should be characterized by
candor and fairness. It is neither candid nor fair for a lawyer to knowingly make false
allegations in a judicial pleading or to misquote the contents of a document, the testimony of
a witness, the argument of opposing counsel or the contents of a decision.
Chavez vs. Viola
196 SCRA 10; 1991
A lawyer owes honesty and candor to the courts. Courts are entitled to expect only complete
candor and honesty from the lawyers appearing and pleading before them.
6
 Chan Kian vs. Angsin
53 SCRA 295; 1972
The Court notes with regret that had the counsels, as officers of the courts, but faithfully
complied with their duty to deal with the courts in truth and candor, and promptly manifested
to the appellate court the above developments, all which have made the principal issue at
bar moot and academic, this case would then have been disposed of and need not have been
certified to this Court, and the time needed by it to devote to the prompt disposition of
meritorious cases need not have been thus dissipated.
Casals vs. Cusi
52 SCRA 58; 1973
A lawyer must do his best to honor his oath, as there would be a great detriment to, if not a
failure of the administration of justice if courts could not rely on the submissions and
representations made by lawyers in the conduct of a case.
COMELEC vs. Noynay
292 SCRA 254; 1992
Rule 10.02 of Canon 10 of the Code of Professional Responsibility mandates that a lawyer
shall not knowingly misquote or misrepresent the text of a decision or authority.
Montecillo vs. Gica
60 SCRA 234; 1974
As an officer of the court, it is his sworn and moral duty to help build and not destroy
unnecessarily the high esteem and regard towards the court so essential to the proper
administration of justice. It is manifest that del Mar has scant respect for the two highest
Courts of the land when on the flimsy ground of alleged error in deciding a case, he
proceeded to challenge the integrity of both Courts by claiming that they knowingly rendered
unjust judgment.
Surigao Mineral Reservation Board vs. Cloribel
31 SCRA 1; 1970
A lawyer is an officer of the courts; 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, not to promote distrust in the administration of justice.
De Gracia vs. Warden of Makati
69 SCRA 4; 1976
There was a lapse in judicial propriety by counsel Salvador N. Beltran who did not even take
the trouble of appearing in Court on the very day his own petition was reset for hearing, a
lapse explicable, it may be assumed, by his comparative inexperience and paucity of practice
before this Tribunal. it suffices to call his attention to such failing by way of guidance for his
future actuations as a member of the bar.
LEGAL ETHICS
Buenaseda vs. Flavier
226 SCRA 645; 1993
The language of a lawyer, both oral or written, must be respectful and restrained in keeping
with the dignity of the legal profession and with his behavioral attitude toward his brethren in
the profession. Besides, the use of impassioned language in pleadings, more often than not,
creates more heat than light.
Santos vs. Cruz
100 SCRA 538; 1980
The Judge was found guilty of conduct unbecoming a judge by uttering intemperate language
during the trial of the case and was imposed a penalty of fine.
People vs. Taneo
284 SCRA 251; 1998
Counsel should be reminded of his duty to observe and maintain respect due the courts of
justice and judicial officers. Arguments, written or oral, should be gracious to both the court
and opposing counsel and be of such words as may be properly addressed by one gentleman
to another.
Urbina vs. Maceren
57 SCRA 403; 1974
A lawyer owes fidelity to the courts as well as to his clients and that the filing on behalf of
disgruntled litigants of unfounded or frivolous charges against inferior court judges and the
use of offensive and intemperate language as a means of harassing
Castaneda vs. Ago
65 SCRA 505; 1975
A counsel's assertiveness in espousing with candor and honesty his client's cause must be
encouraged and is to be commended; what we do not and cannot countenance is a lawyer's
insistence despite the patent futility of his client's position, as in the case at bar.
Austria vs. Masaquel
20 SCRA 1247; 1967
The power to punish for contempt of court should be exercised on the preservative and not
on the vindictive principle. Only occasionally should the court invoke its inherent power in
order to retain that respect without which the administration of justice must falter or fail. The
power to punish for contempt, being drastic and extraordinary in its nature, should not be
resorted to unless necessary in the interest of justice.
Martelino vs. Alejandro
32 SCRA 106; 1970
7
Judges must be unduly influenced by publicity. In order to warrant a finding of prejudicial
publicity, there must be allegation and proof that the judges have been unduly influenced,
not simply that they might be, by the barrage of publicity.
Nature And Creation Of Attorney-Client Relationship Regala vs. Sandiganbayan
G.R. No. 105938; September 20, 1996
An attorney is more than a mere agent or servant because he possesses special powers of
trust and confidence reposed on him by his client. Thus, in the creation of lawyer-client
relationship, there are rules, ethical conduct and duties that breathe life into it, among those,
the fiduciary duty to his client which is of a very delicate, exacting and confidential character,
requiring a very high degree of fidelity and good faith, that is required by reason of necessity
and public interest based on the hypothesis that abstinence from seeking legal advice in a
good cause is an evil which is fatal to the administration of justice.
Daroy vs. Legaspi
65 SCAR 304; 65 SCRA 304; 1975
Money collected by a lawyer in pursuance of a judgment in favor of his clients is held in trust
and must be immediately turned over to them. Section 25, Rule 138 of the Rules of Court
provides that when an attorney unjustly retains in his hands money of his client after it has
been demanded, he may be punished for contempt as an officer of the court who has
misbehaved in his official transactions and he is liable to a criminal prosecution.
Hilado vs. David
84 Phil 569; 1949
To constitute professional employment it is not essential that the client should have
employed the attorney professionally on any previous occasion. It is not necessary that any
retainer should have been paid, promised, or charged for; neither is it material that the
attorney consulted did not afterward undertake the case about which the consultation was
had. If a person, in respect to his business affairs or troubles of any kind, consults with his
attorney in his professional capacity with the view to obtaining professional advice or
assistance, and the attorney voluntarily permits or acquiesces in such consultation, then the
professional employment must be regarded as established.
Stone vs. Bank of Commerce
174 US 412; 1899
An attorney, in his capacity merely as such, has no power to make any agreement for his
client before a suit has been commenced, or before he has been retained to commence one.
Before the commencement of a suit, or the giving of authority to commence one, there is
nothing upon which the authority of an attorney to act for his client can be based.
Guerrero vs. Hernando
68 SCRA 76; 1975
The respondent is guilty of misconduct as a notary in making it appear in the jurat of a
tenancy contract that the affiant exhibited to him a residence certificate when in fact he did
not do so. Such misrepresentation is unquestionably censurable and justifies disciplinary
LEGAL ETHICS
action against the respondent as a member of the bar and as a notary public, violating the
mandate in his attorneys oath to obey the laws and to do no falsehood.
Uy vs. Gonzales
A.C. No. 5280; March 30, 2004
As a rule, an attorney-client relationship is said to exist when a lawyer voluntarily permits or
acquiesces with the consultation of a person, who in respect to a business or trouble of any
kind, consults a lawyer with a view of obtaining professional advice or assistance. It is not
essential that the client should have employed the attorney on any previous occasion or that
any retainer should have been paid, promised or charged for, neither is it material that the
attorney consulted did not afterward undertake the case about which the consultation was
had, for as long as the advice and assistance of the attorney is sought and received, in
matters pertinent to his profession.
Rilloraza, et. Al vs. Eastern Telecommunications Phil, Inc.
309 SCRA 566; 1999
When a client employs the services of a law firm, he does not employ the services of the
lawyer who is assigned to personally handle the case, but rather, he employs the entire law
firm.
A lawyer has the right to be paid for the legal services he has extended to his client, which
compensation must be reasonable. A lawyer would be entitled to receive what he merits for
his services. Otherwise stated, the amount must be determined on a quantum meruit basis.
Government vs. Wagner
54 Phil 132; 1929
A person who is made an attorney-in-fact, with the same power and authority to deal with the
property which the principals might or could have had if personally present, may adopt the
usual legal means to accomplish the object, including acceptance of service and engaging of
counsel to preserve the ownership and possession of the principal's property.
Orbit Transportation vs. WCC
58 SCRA 78; 1974
Members of the bar owe fidelity to the courts as well as to their clients and they must show
faithful adherence to the provisions of Rule 7, section 5 that the signature of an attorney
constitutes a certificate by him that he has read the pleading and that to the best of his
knowledge, information and belief, there is good ground to support it; and that it is not
interposed for delay with the admonition therein that for a willful violation of this rule an
attorney may be subjected to disciplinary action.
Ledesma vs. Climaco
57 SCRA 473; 1974
Lawyers have an indispensable role as a member of the Bar in the defense of an accused.
Such a consideration could have sufficed for petitioner not being allowed to withdraw as
counsel de oficio, for he did betray by his moves his lack of enthusiasm for the task entrusted
8
to him; and his appointment as Election Registrar is not a sufficient excuse for said
withdrawal.
People vs. Daeng
49 SCRA 221; 1973
All courts are cautioned against the frequent appointment of the same attorney as counsel de
oficio for two basic reasons: first, it is unfair to the attorney concerned, considering the
burden of his regular practice, that he should be saddled with too many de oficio cases; and,
second, the compensation provided for by section 32 of Rule 138 of the Rules of Court (a
fixed fee of P500 in capital offenses) might be considered by some lawyers as a regular
source of income, something which the Rule does not envision.
Gonzales vs. Chavez
205 SCRA 816; 1992
The Court clarified that even when "confronted with a situation where one government office
takes an adverse position against another government agency, the Solicitor General should
not refrain from performing his duty as the lawyer of the government. It is incumbent upon
him to present to the court what he considers would legally uphold the best interest of the
government although it may run counter to a client's position.
Oparel vs. Abaria
40 SCRA 128; 1971
Where the client happens to be poor and unlettered, seeking to enforce what he considers his
just demands against an employer, it is even more imperative that matters be explained to
him with all precision and clarity. More than that, no effort should be spared for him to get
fully what he is entitled to under the law. The same zeal should characterize a lawyers efforts
as when he is defending the rights of property.
Lawyers Duties In Handling Clients Case Santiago vs. Fojas
248 SCRA 68; 1995
Pressure and large volume of legal work provide no excuse for the respondent's inability to
exercise due diligence in the performance of his duty to file an answer. Every case a lawyer
accepts deserves his full attention, diligence, skill, and competence, regardless of its
importance and whether he accepts it for a fee or for free.
Cantiller vs. Potenciano
180 SCRA 246; 1989
Lawyers should be fair, honest, respectable, above suspicion and beyond reproach in dealing
with their clients. The profession is not synonymous with an ordinary business proposition
since it is a matter of public interest.
Millare vs. Montero
246 SCRA 1; 1995
Advocacy, within the bounds of the law, permits the attorney to use any arguable
construction of the law or rules which is favorable to his client.
LEGAL ETHICS
It is unethical for a lawyer to abuse or wrongfully use the judicial process, like the filing of
dilatory motions, repetitious litigation and frivolous appeals for the sole purpose of frustrating
and delaying the execution of a judgment.
Choa vs. Chiongson
253 SCRA 371; 1996
As a Member of the Philippine Bar he (the counsel) is bound: (1) by his oath, not to, wittingly
or willingly, promote or sue any groundless, false, or unlawful suit nor give aid nor consent to
the same; (2) by Section 20(c), Rule 138 of the Rules of Court, to counsel or maintain such
action or proceedings only as appear to him to be just; and (3) to uphold the Code of
Professional Responsibility. It was incumbent upon him to give a candid and honest opinion
on the merits and probable results of the complainants case with the end in view of
promoting respect for the law and legal processes.
Cosmos Foundry Shop Workers Union vs. Lo Bu
63 SCRA 313; 1975
The conduct of denying the facts alleged in a petition is far from commendable. A lawyer
should not act like an errand boy at the beck and call of his client, ready and eager to do his
every bidding; failure to keep this in mind puts into serious question his good standing in the
bar.
Gamalinda vs. Alcantara
206 SCRA 468; 1992
A lawyer owes fidelity to the cause of his client and must be mindful of the trust and
confidence reposed in him. 13He shall serve his client with competence and diligence, 14 and
his duty of entire devotion to his client's cause not only requires, but entitles him to employ
every honorable means to secure for the client what is justly due him or to present every
defense provided by law to enable the latter's cause to succeed.
J. P. Juan & Sons, Inc. vs. Lianga Industries, Inc.
28 SCRA 807; 1969
The Rules further require in Rule 7 section 5 that "every pleading of a party represented by
an attorney shall be signed by at least one attorney of record in his individual name" and that
"the signature of an attorney constitutes a certificate by him that he has read the pleading
and that to the best of his knowledge, information and belief, there is good ground to support
it; and that it is not interposed for delay" with the express admonition that "for a willful
violation of this rule, an attorney may be subjected to disciplinary action."
Azor vs. Beltran
63 SCRA 210; 1975
Mere assumptions cannot be the basis of any finding against any member of the bar who, as
an officer of the court, is presumed to act with utmost decorum and good faith in all his
9
dealings. This presumption in favor of the lawyer cannot be overcome by mere assumption or as to enable the latter to go to court to ask for the postponement of the trial, or to look for
imputation without any evidence in support of the same. another lawyer to represent them in court.

Diman vs. Alumbres

Visitacion vs. Manit
27 SCRA 523; 1969
A lawyer has no right to presume that the court would grant his last hour motion to withdraw
as counsel. An attorney seeking to withdraw must make an application to the court for the
relation does not terminate formally until there is a withdrawal of record.
Cuaresma vs. Daquis
63 SCRA 1157; 1975
An attorney must practice utmost care in the preparation of his pleadings to leave the least
doubt as to his intellectual honesty. Every member of the bar should realize that candor in
the dealings with the Courts is of the very essence of honorable membership in the
profession
Vda. De Zubiri vs. Zubiri
18 SCRA 1157; 1966
The simultaneous representation, by a lawyer, of opposing parties in a suit is brazenly
unethical and constitutes malpractice, which is severely condemned. The Canons of Legal
Ethics very explicitly declare, "It is unprofessional to represent conflicting interests."
229 SCRA 459; 1998
A lawyer is not justified in assuming that the extension of time sought will be granted, or that
it will be granted for the length of time suggested by him because it is a familiar doctrine that
no party has a right to an extension of time to comply with an obligation within the period set
therefore by law. Therefore, it is incumbent upon a lawyer to exercise due diligence to inform
himself as soon as possible of the Court's action on his motion, by timely inquiry of the Clerk
of Court, and should he neglect to do so, he runs the risk of time running out on him, for
which he will have nobody but himself to blame.
Saulog vs. Custombuilt Manufacturing Corp.
26 SCRA 1; 1968
Both client and counsel must appear for pre-trial. Failure to appear is a ground for dismissal.
People vs. Casimiro
45 SCRA 554; 1972
The counsel knows that the period for filing the brief was running, thus the Court expects that
the matter will be taken care of him as he was the counsel of record. He should have
informed the Court of the developments set forth in his explanation and as that he be allowed
to withdraw as counsel.

Deluao vs. Casteel People vs. Nadera, Jr.

G.R. No. L-21906; December 4, 1968 324 SCRA 490; 2000

The postponement of hearings does not depend upon agreement of the parties, but upon the
court's discretion.
It was the duty of Atty. Ruiz, or of the other lawyers of record, not excluding the appellant
himself, to appear before Judge Fernandez on the scheduled dates of hearing Parties and
their lawyers have no right to presume that their motions for postponement will be granted.
Only faithful performance by counsel of his duty towards his client can give meaning and
substance to the accused right to due process and to be presumed innocent until proven
otherwise.
The lawyer has the duty to defend his client and protect his rights, n matter how guilty or evil
he perceives him to be.

Heirs of Elias Lorilla vs. Court of Appeals Nueno vs. Santos

330 SCRA 429; 2000 58 Phil 557; 1933

A client is bound by the conduct, negligence and mistakes of his counsel. Thus, failure of a Respondent attorney consented to the doing of falsehood and deceived the Court when he
lawyer to serve notice on the court and the adverse parties regarding his client's death binds had an accused plead guilty to an offense which he did not commit. This constitutes a
the heirs as much as the client himself could be so bound. violation of the lawyers oath that he would do no falsehood nor consent to the doing of any
in court.
Lawyers Fiduciary Obligations
Avelino vs. Palana
39 SCRA 129; 1971
Angeles vs. Uy, Jr.
In case of non-appearance in a scheduled trial, a lawyer has the duty to provide the court of a 330 SCRA 6, 17; 2000
good excuse. Also, he has the duty to inform his client in due time of his non-appearance so

LEGAL ETHICS 10
The attorney-client requires a high degree of fidelity and good faith, designed to remove all
temptation and to prevent everything of that kind from being done for the clients protection.
Nakpil vs. Valdez
186 SCRA 758; 1998
Members of the bar are expected to always live up to the standards embodied in the Code of
Professional Responsibility as the relationship between an attorney and his client is highly
fiduciary in nature and demands utmost fidelity and good faith.
Liwag vs. Neri
107 Phil 852; 1960
A lawyer has committed a breach of professional ethics when he made his believe that the
debtors had already been sued in court, and when he did not return the amount intended for
the filing fee. Considering however, that the lawyer has not yet received anything for his
services and that the complainant has subsequently been paid, disbarment or even
suspension would be too harsh and unkind.
Diaz vs. Kapunan
45 Phil 848; 1932
The provision contained in the last paragraph of Article 1459 of the old Civil Code is made to
include lawyers, with respect to any property or rights involved in any litigation in which they
may take party by virtue of their profession and office. A lawyer does not violate this
provision when has not purchased property at a public or judicial auction and his participation
in the auction was in representation of his client.
Canlas vs. Court of Appeals
164 SCRA 160; 1988
Lawyering is not a moneymaking venture and lawyers are not merchants, a fundamental
standard that has, as a matter of judicial notice, eluded not a few law advocates. A lawyers
efforts partaking of a shakedown of his own client are not becoming of a lawyer and certainly,
do not speak well of his fealty to his oath to "delay no man for money."
Capulong vs. Alino
22 SCRA 491; 1968
A lawyer has the duty to render an account for money received from his client, which he
holds in trust. He does not have the right to use it for any other purpose than those provided
for by his client.
Celaje vs. Soriano
A.C. No. 7418; October 9, 2007
LEGAL ETHICS
The lawyers failure to return money given to him for the filing of a writ of injunction, gives
rise to the presumption that he misappropriated it for his own use to the prejudice of, and in
violation of the trust reposed in him by his client. It is a gross violation of general morality
and of professional ethics and impairs public confidence in the legal profession, which in this
case, deserves punishment of two years suspension from practice.
Penticostes vs. Ibanez
304 SCRA 281; 1999
The failure of a prosecutor to immediately remit to the SSS the amount given by the accused
as unpaid remittances gives rise to the presumption that he has misappropriated it for his
own use, which a gross violation of general morality as well as professional ethics. Though
not a private lawyer, this rule applies to lawyers in government service in the discharge of
their official tasks, pursuant to Canon 6 of the Code of Professional Responsibility.
Daroy vs. Legaspi
65 SCRA 304; 1975
The relation between an attorney and his client is highly fiduciary in nature. Thus, lawyers are
bound to promptly account for money or property received by them on behalf of their clients
and failure to do so constitutes professional misconduct.
Sotto vs. Samson
115 Phil 710; 1962
The statutes prohibiting conveyances of a litigant's property made during the existence of
attorney-and-client relationship (Article 1459, Civil Code) is designed to curtail any undue
influence of the lawyer upon his client on account of their confidential association.
Laig vs. Court of Appeals
82 SCRA 294; 1978
When a lawyer procures any certificate of title or owner's duplicate certificate, and refuses or
neglects, without just cause, to perform his official duty without prejudice to any disciplinary
administrative action that may be taken, he or she may be not only prosecuted but also
disciplined as a member of the Bar.
Go Beltran vs. Fernandez
70 Phil 248; 1940
Violation of Article 1459 of the Civil Code (a lawyer purchasing property subject to litigation)
constitutes a breach of professional conduct, which merits suspended from the practice of
law for a period of six months.
11