No.

Legal Basis/ Other Canon

CPR Pages of # Provisions/ Additional Question Answer
Qs Information

Editors Note: Four Fold Duties: Public, Court, Bar, Client

Sec 20, Rule 138, Rules of Court

Duties of attorneys. It is the duty of an attorney:

a. To maintain allegiance to the Republic of the Philippines and to

support the Constitution and obey the laws of the Philippines.
Canon 1
Editors Notes:
b. To observe and maintain the respect due to the courts of justice and
A lawyer shall
judicial officers;
uphold the Four Fold Duties of An Attorney
constitution, (Cantelang vs Medina, L-
c. To counsel or maintain such actions or proceedings only as appear to
obey the laws of 13-15 14 1 50752m July 1979, See p. 437, What are the duties of an attorney?
him to be just, and such defenses only as he believes to be honestly
the land and Mem Aid)
debatable under the law.
promote
respect for law Section 20, Rule 138 Rules of
d. To employ, for the purpose of maintaining the causes confided to
and legal Court (9 Duties)
him, such means only as are consistent with truth and honor, and never
processes.
seek to mislead the judge or any judicial officer by an artifice or false
statement of fact or law;

e. To maintain inviolate the confidence, and at every peril to himself, to

preserve the secrets of his client, and to accept no compensation in
connection with his client's business except from him or with his
knowledge and approval;
 f. 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;

g. Not to encourage either the commencement or the continuance of

an action or proceeding, or delay any man's cause, from any corrupt
motive or interest;

h. Never to reject, for any consideration personal to himself, the cause

of the defenseless or oppressed;

i. In the defense of a person accused of crime, by all fair and honorable

means, regardless of his personal opinion as to the guilt of the accused,
to present every defense that the law permits, to the end that no
person may be deprived of life or liberty, but by due process of law.

Any person who has an obligation to promote justice and effective operation of
the judicial system. This includes judges, the attorneys who appear in court,
bailiffs, clerks, and other personnel. As officers of the court lawyers have an
absolute ethical duty to tell judges the truth, including avoiding dishonesty or
evasion about reasons the attorney or his/her client is not appearing, the
Why is an attorney considered an location of documents and other matters related to conduct of the courts
Canon 1 13-15 14 2
officer of the court?
Pursuant to Canon 1 of the Code of Professional Responsibility, a lawyer shall
uphold the Constitution, obey the laws of the land and promote respect for law
and for legal process. Holding such responsibility, a lawyer becomes an officer
of the court for he has an obligation to promote justice and effective operation
of the judicial system. Section 20, Rule 20 of the Rules of Court reinforces said
duty of lawyers to assist in the administration of justice. Also, by taking the

Being a lawyer and/or a member of
the Bar, an exceptional privilege
worth aspiring for although it
entails a lot of responsibilities and
Canon 1 13-15 14 3 obligations (a) to the Court; (b) to
fellow lawyers; (c) to the clients;
and lastly (d) to the public general.
Briefly discuss these obligations and
responsibilities.
lawyers oath, a lawyer becomes the guardian of truth and the rule of law and
an indispensable instrument in the fair and impartial administration of justice
and that constitutes being an officer of the court.
a. to the Court
A lawyers prime importance is to observe and maintain the respect
due to the courts of justice and judicial officers, his conduct before the
court should be characterize with candor, truthfulness and fairness. He
is required to respect or defend against criticisms the Courts, uphold its
authority and dignity, obey its orders and processes, and assist in the
administration of justice.
b. to fellow lawyer
A lawyer should strive at all times to uphold the honor and maintain
the dignity of the legal profession. He should deal with his fellow
lawyers with candor, fairness, courtesy and truthfulness. He should
also avoid any encroachment in the business of other lawyers.
c. to the clients
As an agent of his client, a lawyer is expected to be vigilant in the
prosecution or defense of his clients rights. An attorney owes his client
an undivided allegiance and fidelity.
d. to the public general
A lawyer should not violate his responsibility to society as an example
for righteousness. He should be ready to render legal aid, foster social
reforms, and guard due process and the Constitution. He must stay
 aware of his special role in the solution of special problems and be
always ready to lend assistance in the study and solution of social
problems.

a) to the Court
A lawyers prime importance is to observe and maintain the respect
due to the courts of justice and judicial officers, his conduct before the
court should be characterize with candor, truthfulness and fairness. He
is required to respect or defend against criticisms the Courts, uphold its
authority and dignity, obey its orders and processes, and assist in the
administration of justice.

b) to fellow lawyer
Discuss briefly the duties of a A lawyer should strive at all times to uphold the honor and maintain
lawyer to: (1) his client; (2) the the dignity of the legal profession. He should deal with his fellow
court; (3) his colleagues in the lawyers with candor, fairness, courtesy and truthfulness. He should also
Canon 1 13-15 14 4 avoid any encroachment in the business of other lawyers.
profession; (4) the community.

c) to the clients
As an agent of his client, a lawyer is expected to be vigilant in the
prosecution or defense of his clients rights. An attorney owes his client
an undivided allegiance and fidelity.

d) to the public general

A lawyer should not violate his responsibility to society as an example
for righteousness. He should be ready to render legal aid, foster social
reforms, and guard due process and the Constitution. He must stay
aware of his special role in the solution of special problems and be
always ready to lend assistance in the study and solution of social
 problems.

a. Legal Ethics denotes that body of principles by which the conduct of

members of the legal profession is controlled. It is that branch of moral science
which treats of the duties which an attorney at law owes to his clients, to the
courts, to the bar and to the public. Good moral character, as one of the
requirements for the admission to the practice of law, may be honed through
the study of Legal Ethics. The study of legal ethics helps an attorney traverse
the complex grounds of attorney-client relationships; the complex grounds of
his relationship with the court; the complex grounds of his relationship with
the Bar; and the complex grounds of his relationship with the general public.

Editors Note: (a) State what Legal Ethics is; its

The study of Legal ethics is important because: First, lawyers are integral to the
importance; and necessity.
working-out of the law and the Rule of Law itself is founded on principles of
Definition by Justice Malcolm p.
justice, fairness and equity. If lawyers do not adhere and promote these ethical
Canon 1 13-15 14 5 433 Mem Aid (b) Explain the nature of the
principles then the law will fall into disrepute and people will resort to
relation between attorney and
alternative means of resolving conflict. The Rule of Law will fail with a rise of
Chapter IV The Lawyer and client, and how said relation is
public discontent; second, lawyers are professionals. This concept conveys the
the Client Canons 14-22 created and governed.
notion that issues of ethical responsibility and duty are an inherent part of the
legal profession. It has been said that a profession's most valuable asset is its
collective reputation and the confidence which that inspires. The legal
profession especially must have the confidence of the community; third,
because lawyers are admitted as officers of the court and therefore have an
obligation to serve the court and the administration of justice; and finally
because lawyers are a privileged class for only lawyers can, for reward, take on
the causes of others and bring them before the courts.

b. The relationship between an attorney and a client is considered as personal,

fiduciary and confidential. As the relationship is characterized as highly
 personal, it is prohibited for a lawyer to delegate in favor of another lawyer his
client without the latters consent. It is also characterized as fiduciary, meaning
it involves mutual trust and confidence of the highest degree. The client is
encouraged to entrust his legal problems to an attorney, which is necessary in
the proper administration of justice. The characteristic of being fiduciary is also
manifested by said relationship where an attorney owes loyalty to his client
not only in the case which he has represented him but also after the
termination of the attorney-client relationship between them.

Legal Ethics denotes that body of principles by which the conduct of members
of the legal profession is controlled. It is that branch of moral science which
treats of the duties which an attorney at law owes to his clients, to the courts,
Define legal ethics. Enumerate its to the bar and to the public.
Canon 1 13-15 14 6
principal sources.
The principal sources of Legal Ethics in the Philippines are the Canons of
Professional Ethics, the Supreme Court decisions, Statistics, the Constitution,
Treaties and Publications.

The lawyers oath is not a mere ceremony or formality for practicing law. Every
lawyer should at all times weigh his actions according to the sworn promises he
Editors Note:
State in substance the lawyers makes when taking the lawyers oath. If all lawyers conducted themselves
Canon 1 13-15 14 7
oath of office. strictly according to the lawyers oath and the Code of Professional
Lawyers Oath p. 438 Mem Aid
Responsibility, the administration of justice will be undoubtedly fairer, faster
and easier for everyone concerned.

Canon 1 13-15 14 8 Canon 1, Rule 1.03 What is your understanding of that A lawyer shall not delay the legal proceedings of his client in order to increase
. part of the lawyers oath which his chances of increasing his earnings from the said case. A lawyer should make
 states, I will delay no man for necessary acts to ensure the closure of his clients cases with the utmost care at
money? the fastest span of time for a lawyer owes such to his clients. The client's life,
liberty or property is at stake in every case, he is entitled to a lawyer who acts
for him as is rightly so.

Atty.X prepared and later

Yes.
acknowledged as a Notary Public, a
document which stipulated among
Canon 1 of the CPR requires a lawyer to uphold the Constitution, obey the laws
others, that the contracting parties,
of the land and promote respect for law of and legal processes. The laws of the
husband and wife, authorize each
land require that a marriage to validly celebrate a man and a woman be free
other to remarry and fully renounce
from any previous valid and subsisting marriage. The act of Atty. "X" of
whatever right of action one may
Canon 1 13-15 14 9 preparing and acknowledging the remarriage of the contracting parties without
take against the party to marrying.
following the rules of the land constitutes his violation of husband oath as a
Atty. X strongly represented to
lawyer and the codes in the CPR.
the parties that they were free to
marry, on the basis of which
Rule 1.02 reinforces said fact, stating that a lawyer shall not counsel or abet
representation the husband
activities aimed at defiance of the law or at lessening confidence in the legal
remarried. Can Atty. X be
system.
disbarred? Reason.

a) Duties to Society
State the four-fold duties of a b) Duties to the Legal Profession
Canon 1 13-15 14 10
lawyer. c) Duties to the Court
d) Duties to the Client

Canon 1 13-15 14 11 What is considered the first and First and foremost, lawyers owe a "fiduciary duty" to their clients. That means
foremost duty of a lawyer? Explain. attorneys must act in accordance with principles of complete loyalty to the
 clients interests. There is a complicated body of law that regulates attorney-
client conflicts of interest, but the basic proposition is that an attorney cannot
take any position in conflict with the client.

1. A lawyer shall at all times uphold the integrity and dignity of the
legal profession, and support the activities of the integrated bar.
(Canon 7, CPR)

2. A lawyer shall conduct himself with courtesy, fairness and candor

towards his professional colleagues, and shall avoid harassing
Under the Code of Professional
tactics against opposing counsel. (Canon 8, CPR)
Responsibility, what is the principal
obligation of a lawyer towards:
3. A lawyer shall participate in the improvement of the legal system
1. The Legal profession and the by initiating or supporting efforts in law reform and in the
Editors Note: Integrated Bar? administration of justice. (Canon 4, CPR)

Canon 1 13-15 14 12 2. His professional colleagues?

CPR, Canon 7, 8, 4, 5, 12 and
15.
3. The development of the legal
system?
4. The administration of justice?
A lawyer shall keep abreast of legal developments, participate in
continuing legal education programs, support efforts to achieve
high standards in law school as well as in the practical training of
law students and assist in disseminating information regarding the
law and jurisprudence. (Canon 5, CPR)

5. His Client? (2004 bar exams)

4. A lawyer shall participate in the improvement of the legal system
by initiating or supporting efforts in law reform and in the
administration of justice. (Canon 4, CPR)

A lawyer shall exert every effort and consider his duty to assist in
the speedy and efficient administration of justice. (Canon 12, CPR)
 5. A lawyer shall observe candor, fairness and loyalty in all his
dealings and transactions with his client. (Canon 15, CPR)

The significance of the oath is that it not only impresses upon the attorney his
responsibilities but it also stamps him as an officer of the court with rights,
powers and duties as important as those of the judges themselves. It is a
State the significance of the source of his obligations and its violation is a ground for his suspension,
lawyers oath. What in effect, does disbarment or other disciplinary action. (Agpalo, Legal Ethics, 1992 ed., p.59)
Agpalo, Legal Ethics, 1992 ed., a lawyer represent to a client when
Canon 1 13-15 14 13 By accepting a retainer, he impliedly represents that (A) he possesses the
p.59 he accepts a professional
employment for his services? (2003 competence required for the practice of his profession; (B) he will exert his best
bar exams) judgment in the prosecution or defense of his clients cause; (C) he will exercise
reasonable and ordinary diligence; and (D) he will take such steps as will
adequately guard his clients interest. In brief, that he will abide by his lawyers
oath that he will conduct himself to the best of his knowledge and discretion
with all good fidelity as well to the courts as to his client.

a. To maintain allegiance to the Republic of the Philippines and to

support the Constitution and obey the laws of the Philippines.
Section 20, Rule 138 of the Rules of
Sec. 20, Rule 138, Rules of Court enumerates nine (9) duties of b. To observe and maintain the respect due to the courts of justice
Canon 1 13-15 14 14
Court attorneys. Give at least three (3) of and judicial officers.
them. (2000 bar exams)
c. To counsel or maintain such actions or proceedings only as appear
to him to be just, and such defenses only as he believes to be
honestly debatable under the law.
 John Doe, former utility man in the
Supreme Court and Deo Cruz were
criminally prosecuted in connection
with the bar examination
irregularities which misled the
Supreme Court into admitting Deo
Rule 1.01 Cruz to the bar. John Doe pleaded
guilty upon being arraigned and was The acquittal of Deo Cruz from the criminal charge is not a bar to the
Editors Note:
A lawyer shall thereafter accordingly sentenced. disbarment proceedings. The standards of the legal profession are not satisfied
not engage in Deo Cruz, on the other hand, by conduct which merely enables one to escape the penalties of criminal law.
Pangan vs. Ramos, 107 SCRA 1
unlawful, 37-42 19 1 entered trial and was thereafter Moreover, this court, in disbarment proceedings is acting in an entirely
dishonest, acquitted, his guilt not having been different capacity from that which courts assume in trying criminal case.
p. 36 Legal and Judicial Ehthics,
immoral or proved beyond reasonable doubt. Administrative cases against lawyers are distinct from and they may proceed
Funa
deceitful Subsequently, disbarment independently of civil and criminal cases.
conduct. proceedings were instituted against
Cruz on the basis of his participation
in the said irregularities.

What is the effect of his acquittal in

the criminal case on the disbarment
proceedings against him? Discuss.
(1976, 1985 bar exams)

Editors Note: a. A lawyer was apprehended with a. Conduct, as used in this Rule, is not limited to conduct exhibited in
Rule 1.01 37-42 19 2 200 cartons of untaxed and connection with the performance of professional duties. An attorney may be
a. Funa, p. 29 smuggled blue seal cigarettes removed not only for malpractice and dishonesty in his profession, but also for
merely to accommodate a friend. gross misconduct not related to his professional duties which show him to be
b. Balinon vs. De Leon, AC No.
104, 1984
Proceedings to disbar him are an unfit and unworthy lawyer.
commenced, and he defends
himself with the plea that his act of
transporting the blue seal b. Although the act imputed to Attorney Z had no relation with his professional
untaxed and smuggled cigarettes duties, it should be remembered that a member of the bar may be removed or
had no relation to the practice of suspended from office as lawyer also for gross misconduct not related to his
law, and that he cannot therefore professional duties which show him to be an unfit and unworthy lawyer.
be disbarred for that reason. Moreover, we can state that Attorney Z was able to prepare the affidavit in
Resolve the issue, giving your question because he is a lawyer, and has rendered professional service to
reasons. himself as a client. He surely employed his knowledge of the law and skill as an
attorney to his advantage. As to Attorney X, it is incumbent upon him at least
b. Attorney X, barely 22 years old, to guard against having anything to do with an illegal or immoral arrangement.
and just beginning his practice of
law, to accommodate Attorney Z, an
old legal practitioner in whose law
office X was accepted as an
associate, and out of respect and
gratitude to his benefactor Z,
ratified in his capacity as notary
public a document personally
prepared by Z, in which the latter
and Y agreed to live together as
husband and wife without the
benefit of marriage, and either or
both of them may marry after one
year should the opportunity arise.
May Attorneys X and Z be disbarred
for their respective acts? (1966 bar
exams)

A, a practicing attorney, was
convicted of falsification of public
documents. He served a part of his
sentence. He was, however,
Rule 1.01 37-42 19 3 subsequently granted absolute
pardon by the President of the
Philippines. May A be thereafter
disbarred? Reasons. (1968 bar
exams)
Atty. John Doe is also manager of
the real estate department of a
company engaged in real estate
brokerage. Atty. John Doe
facilitated the sale of a real property
as being owned by one person,
Rule 1.01 37-42 19 4 knowing that there is another co-
owner. He did this by preparing a
deed of self-adjudication for the
wife of the deceased, alleging sole-
heirship, thus was able to secure
the corresponding certificate of title
to the land in the widows sole
name and subsequently sold and
A lawyer may be disbarred by reason of his conviction of a crime involving
moral turpitude because he is deemed to have become unfit to uphold the
administration of justice and to be no longer possessed of good moral
character. Falsification of public documents is definitely a crime which involves
moral turpitude. However, he was given absolute pardon. A pardon reaches
both the punishment prescribed for the offense and the guilt of the offender;
and when the pardon is full, it releases the punishment and blots out the
existence of guilt, so that in the eye of the law the offender is as innocent as if
he had never committed the offense. It granted before conviction, it prevents
any of the penalties and disabilities, consequent upon conviction, from
attaching; if granted after conviction, it removes the penalties and disabilities,
and restores him to all his civil rights it makes him, as it were, a new man, and
gives him a new credit and capacity.
An attorney may be removed not only for malpractice and dishonesty in his
profession, but also for gross misconduct not related to his professional duties
which show him to be an unfit and unworthy lawyer. There is no distinction as
to whether the transgression is committed in the lawyers professional capacity
or in his private life or in his private transactions. This is because a lawyer may
not divide his personality so as to be an attorney at one time and a mere citizen
at another. The rule is settled that a lawyer may be suspended or disbarred for
ANY misconduct, even if it pertains to his private activities, as long as it shows
him to be wanting in moral character, honesty, probity or good demeanor.
 transferred to a buyer. Atty. John
Doe thus was able to consummate
the sale, and collected his real
estate brokers commission and
attorneys fees. The buyer and now
owner, together with the widow,
was then sued by the father of the
deceased husband, claiming
ownership over one-half of the
subject real estate. These acts then
gave rise to the proceedings for
disbarment against Atty. John Doe.
He however claimed in his defense,
among others, that this transaction
was entered into by him in his
capacity as a real estate broker and
not as a lawyer, wanting to show
that this fault on his part, if any
occurred in his private dealings as a
broker and not as a practicing
lawyer and therefore should not be
a ground for disbarment. How will
you decide this case? Reasons.
(1971 bar exams)

Lawyer A, while a bachelor, While it has been held in disbarment cases that the mere fact of sexual
Rule 1.01 37-42 19 5 cohabited with B, a married woman relations between two unmarried adults is not sufficient to warrant
whose husband is living with administrative sanction for such illicit behavior, it is not so with respect to
another woman. When A married C, betrayals of the marital vow of infidelity. Sexual relations outside marriage is
 B filed a complaint for disbarment
against him for immorality. Will the
complaint prosper? (1971 bar
exams)
What is the significance in the
practice of law of the quotation:
Non quod licet honestum est (Not
Rule 1.01 37-42 19 6
everything that is permitted is
honorable). Explain. (1972 bar
exams)
In what ways have the Supreme
Court and the Integrated Bar of the
Philippines maintained a high moral
Rule 1.01 37-42 19 7 examinations, to take and subscribe an oath. During his practice, an attorney is
standard for the legal profession?
Discuss fully your answer. (1976 bar
exams)
considered disgraceful and immoral as it manifests deliberate disregard of the
sanctity of marriage and the marital vows protected by the Constitution and
affirmed by our laws.
The practice of law is a privilege accorded only to those who measure up to
certain rigid standards or mental and moral fitness. It is not the mere earning
of money for legal service. But, while it is, under present social conditions, a
"means of livelihood" its purpose is rendering service as a means to the due
administration of justice. Honesty in business is one thing - in a profession, it is
a far higher thing. A thing may be lawful, and yet not honorable.
Since the authority and responsibility over the admission, suspension,
disbarment and reinstatement of attorneys and their supervision are vested in
the Supreme Court. It is obvious that over the years the SC has contributed
unremittingly to the maintenance of a high moral standard for the legal
profession. In the process of admitting members to the Bar, the SC requires
applicants to furnish evidence of good moral character, if successful in the
expected to observe and to live up to his oath of office and his violation thereof
may be dealt with administratively in the form of contempt, suspension or
disbarment proceedings. For minor breaches, the SC has resorted to the milder
sanctions of warning or reprimand.
Being a comparatively new body, the Integrated Bar has not yet had much
impact on the ethical mores of the legal profession. Nonetheless, certain
provisions in Rule 139-A give clear signs that it can be a potent agency in the
 maintenance of high ethical standards of the profession. It is, for instance,
charged with the task of preparing a code which will embody canons of
professional responsibility. Again, it is empowered to formulate grievance
procedures whereby errant members of the bar can be disciplined. Once these
are completed, the Integrated Bar will have gone a long way in contributing its
share to the maintenance of high moral standards among the members of the
legal profession.

X is a lawyer and a Notary Public.

On April 5m 1960, Y, an
officemate and friend presented to
him for notarization a duly prepared
and typed deed of sale of his car.
The acknowledgement clause The rule with respect to the culpable acts of notaries public is that a member of
recited that both the vendee and his the bar who performs an act as a notary public of a disgraceful or immoral
witnesses were not present. character may be held to account by the Court, even to the extent of
Subsequently, the alleged vendee, disbarment. But the act of the notary in the instant case in notarizing a deed of
Rule 1.01 37-42 19 8 Ramirez v. Ner, 21 SCRA 207
taking advantage of the notarized sale without the vendee having personally appeared before him merely
deed of sale, stole the car, suggests lack of caution and not culpable malpractice, considering that his
registered it in his name and sold notarial act was influenced by motives of friendship. Instead of disbarment,
the same to a third person. When suspension of the erring lawyer would suit the circumstances. (Ramirez v. Ner,
Y told X that the car was stolen, 21 SCRA 207)
X annotated in the Notarial Book
the remarks, stolen and cancelled.
Can X be disbarred? Reason. (1976
bar exams)

YES. Attorney X can be disbarred for committing a grossly immoral act. In the
Rule 1.01 37-42 19 9 Quingwa v. Puno
Attorney X brought A, single case of Quingwa vs Puno, it was held that Atty. Armando Puno committed a
 and a public school teacher, to the
Paradise Motel and had carnal
knowledge of her on the promise of
marriage. Attorney X however, had
no intention of marrying A. For this
reason, A filed a complaint of for
disbarment against X on the ground
of gross immorality and misconduct.
Attorney X proved at the hearing
that A voluntarily submitted to him
and that the act complained of does
not constitute a ground for
disbarment or suspension under the
rules of court. May he be disbarred?
Discuss?
10. What constitutes malpractice?
Rule 1.01 37-42 19 10
Explain.
What is legal is moral. Comment
Rule 1.01 37-42 19 11
on the correctness or incorrectness
of this proposition.
grossly immoral conduct in having sexual intercourse with Flora Quingwa with
the promise that she will marry her. Atty. Puno was disbarred for violating the
fundamental ethics of the legal profession. Rule 1.01 Canon 1 provides that a
lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.
In the case at bar, it is clear that there is a willful, flagrant, shameless act that
was committed by Atty. X.
His contention that the complained act does not constitute a ground for
disbarment is untenable. Good moral character is a requisite for the practice of
law and it is a continuing requirement.
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach
of contract by an attorney that causes harm to his or her client. In order to rise
to an actionable level of negligence, the injured party must show that the
attorney's acts were not merely the result of poor strategy, but that they were
the result of errors that no reasonable attorney would make.
Moral acts are based on an internal and possibly external sense of what is
inherently Right or Good. Legal acts are simply acts that conform to the law. In
this line, there is correctness that what is legal is moral however, there are acts
that are legalized but to some they are against public morals. With this, there
 are different perceptions with the line. The meaning of this line is relative. For
some, a legal act is a moral act but to others a legal act is not always a moral
act. Ex. Lotto- it is legal but to some it is against public morals

Upon learning from the newspaper

reports that bar candidate Vic
Pugote passed the bar
examinations, Miss Adorable
immediately lodged a complaint
with the Supreme Court , praying
that Vic Pugote be disallowed from
taking the oath as member of the
Philippine Bar because he was The complaint should not be dismissed. Maintaining illicit sexual relations with
maintaining an illicit sexual several women other than his lawfully wedded spouse is a gross immoral act.
Rule 1.01 37-42 19 12 relations with several women other One of the requirements for the admission to the bar is of good moral
than his lawfully wedded spouse. character. This requirement is continuing thus the contention of Pugote is
However, from unexplained untenable.
reasons, he succeeded to take his
oath as a lawyer. Later, when
confronted with Ms. Adorables
complaint formally, Pugote moved
for its dismissal on the ground that
it is already moot and academic.
Should Miss Adorables complaint
be dismissed or not?

Rule 1.01 37-42 19 13 Alleging that Atty. Malibu seduced Atty. Malibus contention is untenable. The act committed by Atty. Malibu is
her when she was only 16 years old, grossly immoral. One of the requirements for the admission to the bar is of

Editors Note:
People vs. Tuanda, AM No.
3360, January 1990
Rule 1.01 37-42 19 14
Barnachea vs. Quicho, A.M. No.
5925, March 2003 (almost
similar facts involving a real
estate broker and issuance of
check)
which resulted in her pregnancy and good moral character. This requirement is continuing thus Atty. Malibus
the birth of a baby girl, Miss contention is untenable. A member of the bar should have moral integrity in
Magayon filed a complaint for his addition to moral probity.
disbarment seven years after the
alleged seduction was committed.
Atty. Malibu contended that,
considering the period of delay, the
complainant filed against him can
no longer entertained much less
prosecuted because the alleged
offense has already prescribed. Is
Atty. Malibus contention tenable or
not?
Atty. Walasunto has been a
member of the Philippine bar for 20
years but has never plied his
profession as a lawyer. His sole
The contentions of Atty. Walasunto are not meritorious. Rule 1.01 Canon 1
means of livelihood is selling and
provides that a lawyer shall not engage in unlawful, dishonest, immoral, or
buying real estate. In one of his
deceitful conduct. Conduct as used in this rule, is not limited to conduct
transactions as a real estate broker,
exhibited in connection with the performance of professional duties. An
he issued a bouncing check. He was
attorney may be removed not only for malpractice and dishonesty in his
criminally prosecuted and
profession, but also for gross misconduct not related to his professional duties
subsequently convicted for violating
which show him to be unfit and unworthy lawyer.
BP 22. In the disbarment
proceedings filed against him, Atty.
Walasunto contended that his
conviction for violation of BP 22 was
not a valid ground for disciplinary
 action against a member of the bar.
He further argued that his act in
issuing the check was done in
relation to his calling as a real estate
broker and not in relation to the
exercise of the profession of a
lawyer. Are the contentions of Atty.
Walasunto meritorious or not?

Atty. N had an extramarital affair

with O, a married woman, as a
result of which they begot a child, P.
Atty. N admitted paternity of the
Rule 1.01 37-42 19 15
child P and undertook to support
him. On the basis of the admission,
is Atty. N subject to disciplinary
action by the Supreme Court?
YES. Atty. N will still be subjected to disciplinary action by the Supreme Court.
The admission of Atty. N is of no moment. Even if not all forms of extra-marital
affairs is punishable under penal law, sexual relations outside the marriage is
considered disgraceful and immoral as it manifests deliberate disregard of the
sanctity of marriage and the marital vows protected by the Constitution and
affirmed by our laws.

A) Atty. Bb is liable for the payment of the loan. Hes attempt to escape from
Editors Note: the liability he incurred from his loan will subject him to disciplinary action. In
such case, the IBP may subject him to disciplinary action for being immoral for
Please see the Guidelines for ignoring the demands made by the secretary of the IBP to demand the
Rule 1.01 37-42 19 16 Imposing Lawyer Sanctions by payment of such loan. As a lawyer, the Code of Professional Responsibility
the IBP-CBD at mandates every lawyer to act with competence and morality. In Rule 1.01 it is
http://www.ibp.ph/d06.html clear A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
for clarifications and additional conduct. Hence, Atty.BB is acting immorally.
information.
B) No, his contention has no merit. The IBP has the power to discipline the
 members of the bar even in their private capacity.

Atty A contention is of no merit. The IBP has its own power to discipline
lawyers to protect the interest of the public. The purpose of lawyer discipline
proceedings is to protect the public and the administration of justice from
Rule 1.01 37-42 19 17 lawyers who have not discharged, will not discharge, or are unlikely to
discharge properly their professional duties to clients, the public, the legal
system, and the legal profession. Hence the IBP has the right to discipline Atty
A.

Editors Note:
X contention is untenable; he can be disbarred despite the pardon given by the
chief Executive. Pardon only affects the criminal liability of the accused but not
Answer provided is in contrast
Rule 1.01 37-42 19 18 the obligation and responsibility of a lawyer as a member of the legal
with No. 3, Rule 1.01. Further
profession. The purpose of the rule is to maintain the credibility and integrity
research for the purpose of
of the legal profession.
clarification is recommended.

The motion cannot be granted. The disbarment proceeding is sui generis.

Rule 1.01 37-42 19 19 Dismissal of a criminal case will not affect the disbarment proceeding against
the unerring lawyer. It is to maintain the credibility and integrity of the legal
profession.

Rule 1.02 In Re: Santiago, A.C. No. Atty Asilo, a lawyer and a notary
923, June 21, 1940 public, notarized a document Atty. Asilo violated Rule 1.02 of the CPR - a lawyer shall not counsel or abet
A lawyer shall 44-44 1 1 already prepared by spouses Roger activities aimed at defiance of the law or at lessening confidence in the legal
not counsel or Panganiban v. Borromeo, and Luisa when they approached system. An agreement between two spouses to live separately from each other
abet activities 58 Phil.367 him. It is stated in the document and either one could have a live-in partner with full consent of the other, is
aimed at that Roger and Luisa formally contrary to law and morals. The ratification by a notary public who is a lawyer
defiance of the In Re: Bucana, A.C. No. agreed to live separately from each of such illegal or immoral contract or document constitutes malpractice or
law or at 1637, July 6, 1976 other and neither one can have live- gross misconduct in office. He should at least refrain from its consummation.
lessening in partner with full consent of the
confidence in other. What is the liability of Asilo, (In Re: Santiago, A.C. No.
the legal if any? 923, June 21, 1940; Panganiban v. Borromeo, 58 Phil.367; In Re: Bucana, A.C.
system. No. 1637, July 6, 1976)

1. a. What does the statement, I

Rule 1.03 Editors Note: will delay no man for money, in the a. Delaying a clients cause to gain money.
lawyers oath mean? Discuss briefly. Example: A prosecutor who extorts money from a respondent of a case he is
A lawyer shall b. Montano vs. IBP AC No. investigating is delaying the respondents cause for money. (Reyes vs Gaa, AM
not, for any 4215, May 2001. 1.b. Attorney A withdraws as No 1048)
corrupt motive counsel for his client B in the course
or interest, 46-47 3 1 Canon 14 Duty to Render of the trial of the latters case Editors Note:
encourage any Legal Services to the Needy because B failed to pay him the
suit or stipulated fee of P100 per day of b. No answer was provided by the assigned individual despite diligent effort.
proceeding or Canon 22 Duty to Withdraw actual appearance fee and
delay any mans Services Only for Good Cause attendance in court. Is this delaying Editors note: Yes, this is delaying the man for money and another yes,
cause. and upon Notice the man (client) for money? Is the withdrawal as counsel is unethical (Montano vs. IBP).
withdrawal of A as counsel ethical?
Discuss, giving reasons.

Barratry is the offense of frequently stirring up quarrels and suits, either at law
or otherwise. Ambulance chasing, on the other hand, is a popular name for one
who solicits negligence cases for an attorney. It is a term descriptive of the
Rule 1.03 46-47 3 2 Barratry vs Ambulance Chasing
practice of some attorneys, on hearing of a personal injury which may have
been caused by the negligence or wrongful act of another, of at once seeking
out the injured person with a view to securing authority to bring action on
account of the injury.
 No answer was provided by the assigned individual despite diligent effort.

Editors Note: No. The acts of Attorney X do not fall under the definition of
Rule 1.03 46-47 3 3 barratry as evidenced by his efforts of advising his cousins to extra-judicially
settle the partition. His advice to B to sought judicial redress came merely after
it was proven that they cannot extra-judicially settle the estate of their parents.

Rule 1.04
Lawyers cannot, without special authority, compromise their clients litigation
Editors Note:
or receive anything in discharge of a clients claim, but the full amount in cash.
A lawyer shall
A compromise agreement signed by a lawyer in behalf of a party to the
encourage his Diaz vs. Kapunan, G.R. No.
agreement signed by a lawyer in behalf of a party to the agreement without
clients to avoid, 48-49 3 1 8045049, December 1923
the authorization of said party or client is not void, but merely unenforceable.
end or settle a (Lawyer, though acting in good
An agreement between a lawyer and his client that forbids the client from
controversy if it faith, agreed to a stipulation in
entering a settlement without a lawyers consent is against public policy and
will admit of a consideration of a money).
impermissible.
fair settlement.

No answer was provided by the assigned individual despite diligent effort.

Editors Note: No. The acts of the lawyer does not fall within the ambit of
ambulance chasing for it was not evident that he sought the injured person in
Rule 1.04 48-49 3 2
order to gain employment; it was purely co-incidental that he was on the same
road as he was driving home from his law office. Instead, his act of
volunteering to amicably settle the case to the satisfaction of both parties was
in accordance to Rule. 104

Rule 1.04 48-49 3 3 Editors Note:


Amalgamated Laborers
Association vs. CIR, GR No. L-
23465, March 1968
No answer was provided by the assigned individual despite diligent effort.
Editors Note: Yes. The settlement contemplated in Rule 1.04 is a fair
settlement. In the instant case, such settlement might prejudice his
compensation as a lawyer.

Canon 2

A lawyer shall
make his legal
services
available in an
efficient and
convenient - 0 0
manner
compatible with
the
independence,
integrity and
effective-ness of
the profession.

Rule 2.01

A lawyer shall
- 0 0
not reject,
except for valid
reasons, the
cause of the
defenseless or
the oppressed.

Rule 2.02

In such cases,
even if the
lawyer does not
accept a case,
he shall not
refuse to render
legal advice to - 0 0
the person
concerned if
only to the
extent
necessary to
safeguard the
latters rights.

Rule 2.03
Editors Note: According to Rule 2.03, a lawyer has a duty to shun vulgar solicitation. It is
deemed highly unethical for a lawyer to advertise his talents or skill as a
A lawyer shall Why is law a profession and not a
56-60 15 1 Legal Profession vs. Business, merchant advertises his wares. Law is a profession and not a trade. The lawyer
not do or permit trade?
p. 442, Mem Aid, Agpalo, 2009 himself and his profession who stoops to and adopts the practices of
to be done any
p. 117 mercantilism by advertising his services or offering them to the public.
act designed
primarily to
solicit legal
business.

The profession of law us a noble profession, and the privilege to practice it is

bestowed only upon individuals who are competent intellectually,
academically and morally. Its basic ideal is to render service and to secure
Editors Note:
justice for those who seek its aid. If it has to remain a noble and honorable
Rule 2.03 56-60 15 2 Nature of the profession of law profession and attain its ideal, those enrolled in is ranks should not only master
Nature of Practice of Law,
its tenets and principles but should also, by their lives, accord continuing
Mem Aid, p. 433
fidelity to them. And because they are the vanguards of the law and the legal
systems, lawyers must at all times conduct themselves in their professional and
private dealings with honesty and integrity in a manner beyond reproach.
(PCGG vs. SB, et al.,)

Manuel Akyat, a member of the

Bar, caused to be inserted under the
Yes. It was held in Khan, Jr. vs Simbillo, AC No. 5299 that posting a paid
paid column of the leading
advertisement.
metropolitan dailies, the following:
Khan, Jr. vs Simbilo, AC No. MANUEL AKYAT, LI. B., Ll. M.,
Rule 2.03 56-60 15 3 Editors Note: (Dispositive content) Also, by advertising himself as a self-styled
5299, August 2003 D.C.L. Attorney and Counselor-at-
Annulment Marriage specialist, he wittingly or unwittingly erodes and
law. Specialty: Bribery Case.
undermines not only the stability but also the sanctity of an institution still
Branches in cities of Bacolod, Cebu,
considered sacrosanct despite the contemporary climate of permissiveness in
and Davao. Is this malpractice?
our society.
Explain.

Rule 2.03 56-60 15 4 Cantiller vs. Potenciano Is the practice of law a business?
The practice of law is not a business. (Cantiller v Potenciano) It is a profession
 in which duty to the public service, not money is the primary consideration.
Lawyering is not primarily meant to be a money-making venture, and law
advocacy is not a capital that necessarily yields profit.

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

How would you explain the
advocacy is not a capital that necessarily yields profit. The gaining of a
generally accepted precept that
Rule 2.03 56-60 15 5 livelihood should be a secondary consideration. The duty to the public service
practice of la is a profession and not
and to the administration of justice should be the primary consideration of
a business?
lawyers, who must subordinate their personal interest.

It is a profession in which duty to public service, not money is the primary

Explain the axiom The practice of
consideration. The gaining of the livelihood should be a secondary
Rule 2.03 56-60 15 6 law is a noble profession, not a
consideration. The duty to the public service and to the administration of
business.
justice.

Immediately after a mine explosion,

an attorney in behalf of a law firm
went at once to the scene of the
disaster. In competition with other No. The conduct of the lawyer is improper. The conduct of the lawyer falls
lawyers, he personally solicited the within the view of ambulance chasing, where one seek out a person and
Rule 2.03 56-60 15 7
disaster victims and their kins to put directing them to an attorney in consideration of a percentage of recovery. In
up their claim through his law firm the case, the lawyer solicited the disaster victims with a view to securing
on the basis of contingent fee. Is the authority to bring action on account of the injury.
conduct of the lawyer proper?
Why?

Rule 2.03 56-60 15 8 Editors Note: May a lawyer advertise his

 profession? Explain. In general, it is unethical for a lawyer to advertise his talents or skills as a
Khan, Jr. vs. Simbillo, AC No. merchants advertise his wares. Law is a profession and not a trade. The lawyer
5299, August 2003 degrades himself and his profession who stoops to and adopts the practices of
mercantilism by advertising his services. However, a lawyer may use a
reputable law list and an ordinary simple professional card.

Editors note: Nevertheless, the solicitation of legal business is not altogether

prescribed, However, for solicitation to be proper, it must be compatible with
the dignity of the legal profession (Khan, Jr. vs. Simbillo)

A lawyer has a political ambition to

become a governor of his province.
So he put up a big sign board at his
law office with these inscriptions Yes.
Atty. X, practicing a lawyer and
Rule 2.03 56-60 15 9 notary public. Specializing in No ratio was provided.
criminal law at a nominal fee.
Prepares and notarizes legal papers Editors Note: See dispositive contents of Khan, Jr. vs Simbillo in Rule 2.03, No.
and conveyances free of charge. 3.

Has he committed any infraction of

professional ethics? Explain.

The X Chapter of the Integrated a. No. The Integrated Bar of the Philippines builds programs for the indigent
Bar of the Philippines renders legal people who were abuse and have no means to engage a service of a lawyer. In
Rule 2.03 56-60 15 10 assistance through its members, this situation, if a lawyer gave his service he supports the IBP he brings integrity
free of charge, to any person who is and dignity in his behavior and conduct.
without means to enforce or defend
a right. Any such person may call at b. Yes. If the lawyer himself promote such activities. He advertises his service
 the Chapter Office at (address) at the expense of the IBP.
during office hours for
consultation.

a. If a notice as written above were

to be posted in conspicuous place
for the general public to see, would
such posting constitute solicitation?
Defend your answer.

b. Suppose that in the above notice

the reference to the IBP is deleted.
Instead, the name of a particular
lawyer is what appears. Would it
make a difference in your previous
answer?

The lawyer who advertises his service violated Rule 2.03. In this case, the
lawyer does not only advertise his legal services, but also advertises the
Rule 2.03 56-60 15 11 annulment of marriage. A lawyer is bound to protect the Constitution and the
laws of the land. However, the lawyers promote the destruction of marriage
which the law protects.

A. Ethical. The calling card possesses a simple and dignified advertisement.

Rule 2.03 56-60 15 12
B. Unethical. The photo makes the card unethical.

C. Unethical. Indirect advertising in a newspaper is unethical which lower the

 profession

D. Ethical. In this case, the lawyer has no intention of promoting his services
through the newspaper on the ground the he have no control to his client.

E. Unethical. A lawyer who gave his services free of charge is ethical, however,
as frequent scenario will degrade other lawyers service fees.

In advertising through calling cards, a lawyer may only indicate his name, the
name of a law firm where he belongs, his address, telephone number and
special branch of law practice. In the said case, he did not put his name but his
friends name, which the people were misled.
Editors Note:

Rule 2.03 56-60 15 13 Editors Note: The calling card in the instant case belongs to the businessman
Linsangan vs. Tolentino, AC No.
friend in whose store the lawyers office is also located. While this information
6672, Semptember 2009
is true the details about the lawyer in the businessman friends calling card
should have not been included so as not to appear as an advertisement.
Related jurisprudence: Linsangan vs. Tolentino, AC No. 6672, September 2009
which involves the use of calling card bearing a paralegals name.

No. the advertising made by the lawyer degrades the legal profession. In
advertising a lawyers services, he may only include: his name; addresses;
Khan, Jr. vs. Simbillo, AC No. telephone number; branch of law practice; admission to the bar; and
Rule 2.03 56-60 15 14
5299, August 2003 membership and offices in bar association. In this case, data advertised were
not one of the information enumerated. Also, he promotes annulment of
marriage, in which the law protects such marriage.

Rule 2.03 56-60 15 15

The publication of a simple announcement of the opening of a law firm or of
 changes of in the partnership, associate, firm name or office addresses, being
for the convenience of the profession. In this case, the lawyers made an
excessive advertisement. The publication was made daily.

Rule 2.04
A businessman is looking for a new
retainer. He approached you and NO. Rule 2.04 Canon 2 provides that a lawyer shall not charge rates lower
A lawyer shall
asked for your schedule of fees or than those customarily prescribed unless the circumstances so warrant. In the
not charge rates
charges. He informed you of the case at bar, it is not the circumstance that is contemplated by the rule. The
lower than
professional fees he is presently quality and standard of legal services would suffer if lawyers and law firms
those 60-61 2 1
paying his retainer, which is actually were engaged in cut-throat competition that is by lowering legal fees to attract
customarily
lower than your rates. He said that clients.
prescribed
if your rates are lower, he would
unless the
engage your services. Will you lower
circumstances
your rates in order to get the client?
so warrant.

You are the managing partner of a

law firm. A new foreign airline
company recently granted the rights
by the Civil Aeronautics Board at I would turn down the proposal of the airline companys general manager. Rule
NAIA, is scouting for a law firm 2.04 Canon 2 provides that a lawyer shall not charge rates lower than those
which could handle its cases in the customarily prescribed unless the circumstances so warrant. A lawyer has a
Rule 2.04 60-61 2 2
Philippines and provide legal duty to shun cut-throat rates. The quality and standard of legal services would
services to the company and its suffer if lawyers and law firms were engaged in cut-throat competition that is
personnel. After discussing with you by lowering legal fees to attract clients.
the extent of the legal services your
law firm is prepared to render, the
general manager gives you a letter-
proposal from another firm in which
 its time billings rates and
professional fees for various legal
services are indicated. You are
asked to submit a similar letter-
proposal stating your firms
proposed fees. The airline
companys general manager also
tells you that, if your proposal
would at least be 25% lower than
those proposed by the other firm,
you will get the companys legal
business. How would you react to
the suggestion?

Canon 3

A lawyer in
making known
his legal
services shall
- 0 0
use only true,
hones, fair,
dignified and
objective
information or
statement of
facts
Rule 3.01

A lawyer shall
not use or
permit the use
of any false,
fraudulent,
misleading,
deceptive, - 0 0
undignified,
self-laudatory
or unfair
statement or
claim regarding
his
qualifications or
legal services

Rule 3.02
Yes. A law firm may continue to use the name of a deceased partner, provided
In the choice of that they communicate that said partner is already deceased. According to Rule
a firm name, no 3.02 of the Code of Professional Responsibility, "In the choice of a firm name,
70-70 2 1 May a law firm continue to use the
false, no false, misleading or assumed name shall be used. The continued use of the
name of a deceased partner?
misleading or name of a deceased partner is permissible provided that the firm indicates in
assumed name all its communications that said partner is deceased.
shall be used.
The continued
use of the name
of a deceased
partner is
permissible
provided that
the firm
indicates in all
its
communications
that said
partner is
deceased.

The shingle of a lone law

practitioner Bartolome D Carton
who inherited the law office from
his deceased father, Antonio C.
Rule 3.02 70-70 2 2
Carton, carries these names "Carton
& Carton Law Office." Is that
permissible or objectionable?
Explain.
It is objectionable. A solo practitioner may not practice law under a firm name
which is false or misleading. The name Carton & Carton has an implication that
such law office is practicing as a partnership well in fact it is not. He is only a
solo practitioner. Rule 3.02 provides that "In the choice of a firm name, no
false, misleading or assumed name shall be used."

Rule 3.03 (a) What are the prohibitions in the a. According to Sec. 14, Article VI of the 1987 constitution, members of the
practice of law imposed by the legislative who are lawyers may practice law provided that they may not
Where a partner 74-75 4 1 constitution on lawyers who are "personally appear as counsel before any court of justice or before the
accepts public members of the Congress of the electoral tribunal, or quasi-judicial and other administrative bodies.
office, he shall Philippines?
withdraw from b. Yes, since one of the inhibitions is to appear as counsel before an
the firm and his (b) X was a prominent corporate
name shall be and tax lawyer with many
dropped from corporations as clients on annual
the firm name retainer basis when he was elected
unless the law to the HOR in the last elections.
allows him to Would he be violating any law or
practice law canon of legal ethics by continuing
concurrently. his law practice and appearing for
his clients in court cases particularly
in administrative proceedings?
What inhibitions in the practice of
law are imposed upon lawyers who
Rule 3.03 74-75 4 2
are members of Congress, and
Why?
Atty. Delfo, a partner in the law firm
of Delfo, Hernando, Cabildo &
Domingo, is appointed Deputy
Minister (now Undersecretary) of
Rule 3.03 74-75 4 3 Justice. His name is dropped from
the firm name, but in the firm
stationery, his name continues to be
listed with those of the other
attorneys, with the explanatory
notation that he is "on leave". Is
administrative body, X will be violating Sec 14, Article VI of the 1987
Constitution, and Rule 3.03 of the CPR which states that "Where a partner
accepts public office, he shall withdraw from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law
concurrently."
According to Sec. 14, Article VI of the 1987 Constitution, members of the
legislative who are lawyers may practice law provided that they may not
"personally appear as counsel before any court of justice or before the
electoral tribunal, or quasi-judicial and other administrative bodies. With this
alone, we can derive that practice of law by members of Congress are allowed
provided that they do not appear as counsels in the aforementioned bodies.
Yes there is an impropriety in this case. It is commendable and proper that his
name was dropped from the firm due to his appointment as Deputy Minister.
According to 9-A, Par. 2, of the 1987 Constitution, Ombudsman and his
deputies are prohibited from practicing other occupation.
But the retention made, indicating that he is "on leave" suggests that he is still
practicing but is temporarily restricted of whatever reason and could be
misleading to the public. This is a violation of According to Rule 3.02 of the
Code of Professional Responsibilty, "In the choice of a firm name, no false,
misleading or assumed name shall be used."
 there any impropriety in this?
Additionally it is also in violation of Rule 3.03 "Where a partner accepts public
office, he shall withdraw from the firm and his name shall be dropped from the
firm name unless the law allows him to practice law concurrently."

The answer must be qualified. I believe he can represent his son-in-law. Sec.
90, Par b, Title 3, of RA 7160 (Local Government Code), "Sanggunian members
who are also members of the Bar shall not

A town mayor was indicted for xxx

homicide through reckless
imprudence arising from a vehicular
Rule 3.03 74-75 4 4 accident. May his father-in-law who
is a lawyer and a Sangguiniang
Panlalawigan member represent
him in the Court?
(2) Appear as counsel in any criminal case wherein an officer or employee of
the national or local government is accused of an offense committed in relation
to his office.
In the case at bar, it is silent whether or not the accident happened in relation
to his office. Therefore, presuming that it is not related to the functions of his
office, the father-in-law can represent him. A contrary presumption would
prohibit the father-in-law from representing the son-in-law town mayor.

Rule 3.04

A lawyer shall - 0 0
not pay or give
anything of
value to
representatives
of the mass
media in
anticipation of,
or in return for,
publicity to
attract legal
business.

Canon 4

A lawyer shall
participate in
the
development of
the legal system
by initiating or - 0 0
supporting
efforts in law
reform and in
the
improvement of
the
administration
of justice.
Canon 5

A lawyer shall
keep abreast of
legal
developments,
participate in (a) Atty. Oldie, 80 years old, refuses (a) His contention is not correct, he is not exempt from the IBP dues given that
Editors Note:
continuing legal to pay his IBP dues. He argues that he is only semi-retired. To keep abreast of legal developments, and fulfill the
education he is a senior citizen and semi- duties of a member of the bar, are binding to all lawyers, even extending to
a. In the Matter of IBP senior citizens. "CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
programs, retired from the practice of law.
Membership Dues Delinquency DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS,
support efforts Therefore, he should be exempt
of Atty. Marcial A. Edillion (IBP SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL
to achieve high from paying IBP dues. Is he correct?
81-81 3 1 Administrative Case No. MDD- AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
standards in law
1)
schools as well (b) For the same reasons, he also DISSEMINATING INFORMATION REGARDING THE LAW AND JURISPRUDENCE."
as in the insists that he should be exempt
b. list of Parties and Other
practical from the Mandatory Continuing
Partiles Exempted from the
training of law Legal Education. Should he be
MLCE, p. 444, Mem Aid (b) Again as mention in the previous question, he is not exempt.
students and exempt?
assist in
disseminating
information
regarding the
law and
jurisprudence.

Editors Note:
State the aims and objectives
Canon 5 81-81 3 2 sought to be accomplished by the MCLE helps lawyers to be abreast of the law and the legal developments, and
Bar Matter 850: Mandatory
MCLE. for them to participate in the continuing legal education programs. Lawyers
Legal Education or MCLE

p. 444, Mem Aid
Atty. E has a daily 10-minute radio
program billed as a "Court of
Common Troubles". The program is
advertised by the radio station as
public service feature for those who
seek but cannot afford to pay legal
Canon 5 81-81 3 3 advice. Its sponsors include a food
processing company and a
detergent manufacturing firm which
share with the radio station the
monthly remuneration of Atty E. Is
there any impropriety in Atty E's
role under the arrangement?
Canon 6 Editors Note: D was charged with estafa by C
before the barangay. In the
These canons Penticostes vs. Ibanez AC CBD settlement of the case, D turned
86-86 1 1
shall apply to No. 167 March 1999 (Almost over to the Barangay Captain, a
lawyers in similar facts, involves a lawyer, the amount of 2,000 with
government prosecutor who failed to remit request that the barangay captain
service in the the amount as contribution in turn over the money to C. Several
must be made conscious of their responsibilities. Into their hands are
committed the property, the liberty, and sometimes the lives of their clients.
With this, lawyers must be of a high degree of intelligence and knowledge of
the law. This is pursuant to Canon 5 of the Code of professional responsibility.
Yes there is an impropriety in this case. According to the model Code of the
Professional Responsibility of the American Bar Association, "A lawyer who
writes or speaks for the purpose of educating members of the public to
recognize their legal problems should carefully refrain from giving or appearing
to give a general solution applicable to all apparently similar individual
problems since slight changes in fact situations may require a material variance
in the applicable advice; otherwise, the public may be misled and misadvised.
Talks and writings by lawyers for non-lawyers should caution them not to
attempt to solve individual problems upon the basis of the information
contained therein". This guideline would be applicable for lawyers giving
advice or opinions in newspapers, television and radio talk shows.
Yes, he is in violation of the CANON 6 - THESE CANONS SHALL APPLY TO
LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL
TASKS. It is a well know rule that higher standard of integrity is required from
government lawyers than private practitioners. The Code of Professional
Responsibility does not cease to apply to a lawyer simply because he has joined
the government service.
discharge of arrears to SSS.) months passed without C being
their official advised of the status of her
tasks. complaint. C contacted D who
informed her that D had long before
turned over the money to the
Barangay Captain. C thus filed a
case against the barangay captain.
May the Barangay Captain be
faulted administratively?

Rule 6.01

The primary
duty of a lawyer
engaged in
public
prosecution is According to Rule 6.01 of the Code of Professional Responsibilty. The primary
not to convict duty of a lawyer engaged in public prosecution is not to convict but to see that
Discuss briefly the role and
but to see that justice is done. The suppression of facts or the concealment of witnesses
88-88 2 1 obligation of prosecutor in the
justice is done. capable of establishing the innocence of the accused is highly reprehensible
conduct of cases.
The suppression and is cause for disciplinary action.
of facts or the
concealment of
witnesses
capable of
establishing the
innocence of
the accused is
highly
reprehensible
and is cause for
disciplinary
action.

The primary duty of a lawyer engaged in public prosecution is not to convict

From the viewpoint of legal ethics,
but to see that justice is done. The prosecutor must defend and uphold the
why should it be mandatory that
rights of citizens, including criminal defendants. As in Imbler v. Pachtan (424
the public prosecutor be present at
Rule 6.01 88-88 2 2 U.S. 409 [1976]): The prosecutor is the representative not of an ordinary party
the trial of a criminal case despite
to a controversy, but of a sovereignty (People) whose obligation to govern
the presence of a private
impartially is as compelling as its obligation to govern at all; and whose
prosecutor?
interest, therefore, in a criminal prosecution is not that it shall win a case, but
that justice shall be done. xxx.

Rule 6.02

A lawyer in the
government
service shall not
use his public
- 0 0
position to
promote or
advance his
private
interests, nor
allow the latter
to interfere with
his public
duties.

Rule 6.03

A lawyer shall
not, after
leaving
government
service, accept
engagement or 90-90 0 0
employment in
connection with
any matter in
which he had
intervened
while in said
service.

Canon 7
A lawyer will find his highest honor if he upholds the integrity and dignity of
A lawyer shall at the legal profession. Correspondingly, he advances the honor of his
all times uphold profession and the best interests of his clients when he renders service or gives
97-99 11 1 In what, above all, will a lawyer find advice tending to impress upon the client and his undertaking exact compliance
the integrity
his highest honor? with the strictest principles of moral law. He must also observe and advice his
and dignity of
the legal client to observe the statute law, though until a statute shall have been
profession and construed and interpreted by competent adjudication he is free and is entitled
support the to advise as to its validity and as to what he conscientiously believes to be its
activities of the just meaning and extent. But above all a lawyer will find his highest honor in a
integrated bar. deserved reputation for fidelity to private trust and to public duty, as an honest
man and as a patriotic and loyal citizen.

Editors Note:

But above all a lawyer will find his highest honor in a deserved reputation for
fidelity to private trust and to public duty, as an honest man and as a patriotic
and loyal citizen, Code of Professional Ethics

No lawyer should render any service involving disloyalty to the law or

What is your understanding of that corruption of private trust or deception or betrayal of the public. A lawyers
sentence in the Canons of duty is to preserve his clients confidence. And a lawyer should strive at all
Professional Ethics which reads: times to uphold the honor and to maintain the dignity of the profession and to
But above all a lawyer will find his improve not only the law but the administration of justice.
Canon 7 97-99 11 2 highest honor in a deserved
reputation for fidelity to private
trust and to public duty, as an
honest man and as a patriotic and
loyal citizen?

Integration of the Philippine Bar means the official national unification of the
Editors Note: What is the meaning of Integration entire lawyer population of the Philippines. This requires membership and
Canon 7 97-99 11 3 financial support (in reasonable amount) of every attorney as conditions sine
of the Philippine Bar?
Funa, p. 93 qua non to the practice of law and the retention of his name in the Roll of
Attorneys of the Supreme Court.

Editors Note: What are the objectives and

The purposes of an integrated Bar, in general, are:
Canon 7 97-99 11 4 purposes of the Integration of the
In re Matter of the Integration Philippine Bar?
of the Bar of the Philippines (1) Assist in the administration of justice;
January 1973
(2) Foster and maintain on the part of its members high ideals of
integrity, learning, professional competence, public service and conduct;

(3) Safeguard the professional interests of its members;

(4) Cultivate among its members a spirit of cordiality and brotherhood;

(5) Provide a forum for the discussion of law, jurisprudence, law reform,
pleading, practice and procedure, and the relations of the Bar to the
Bench and to the public, and publish information relating thereto;

(6) Encourage and foster legal education;

(7) Promote a continuing program of legal research in substantive and

adjective law, and make reports and recommendations thereon; and

(8) Enable the Bar to discharge its public responsibility effectively.

Integration of the Bar will, among other things, make it possible for the legal
profession to:

(1) Render more effective assistance in maintaining the Rule of Law;

(2) Protect lawyers and litigants against the abuse of tyrannical judges
and prosecuting officers;

(3) Discharge, fully and properly, its responsibility in the disciplining

and/or removal of incompetent and unworthy judges and prosecuting
officers;

(4) Shield the judiciary, which traditionally cannot defend itself except
within its own forum, from the assaults that politics and self-interest
may level at it, and assist it to maintain its integrity, impartiality and
independence;

(5) Have an effective voice in the selection of judges and prosecuting

officers;

(6) Prevent the unauthorized practice of law, and break up any

monopoly of local practice maintained through influence or position;

(7) Establish welfare funds for families of disabled and deceased

lawyers;

(8) Provide placement services, and establish legal aid offices and set up
lawyer reference services throughout the country so that the poor may
not lack competent legal service;

(9) Distribute educational and informational materials that are difficult

to obtain in many of our provinces;

(10) Devise and maintain a program of continuing legal education for

practising attorneys in order to elevate the standards of the profession
throughout the country;

(11) Enforce rigid ethical standards, and promulgate minimum fees

schedules;
 (12) Create law centers and establish law libraries for legal research;

(13) Conduct campaigns to educate the people on their legal rights and
obligations, on the importance of preventive legal advice, and on the
functions and duties of the Filipino lawyer; and

(14) Generate and maintain pervasive and meaningful country-wide

involvement of the lawyer population in the solution of the multifarious
problems that afflict the nation.

Integrated Bar is a State-organized Bar, to which every lawyer must belong as

distinguished from bar associations organized by individual lawyers
Editors Note: themselves where membership is voluntary. Lawyers are free to join or
Distinguish Integrated Bar from establish other voluntary lawyers organization. Pursuant to Section 16 of the
Canon 7 97-99 11 5
Bar Association By-laws of the IBP all voluntary bar associations now existing or which may
Funa, p. 97
hereafter be formed may co-exist with the Integrated Bar but shall not operate
at cross-purposes therewith nor against any policy, act, resolution or decision
thereof.

State in your own words the
purposes of the Integrated Bar of
Canon 7 97-99 11 6 the Philippines and the relevance of
the Integrated Bar itself to the
community of lawyers in this
country.
Complete unification is not possible unless it is decreed by an entity with the
power to do so. The Integrated Bar of the Philippines comes into being not
only to ascertain the advisability of the integration of the bar but also to serve
as an instrument by the Supreme Court to unite lawyers, since they were
coming many in number and tends to be disassociated and fragmented. They
are bereft of the force of unity needed to propel the Bar to loftier heights than

(a) What is the Integrated Bar of
the Philippines?
(b) What are the three (3)
fundamental purposes of the
Integrated Bar?
Editors Note:
(c) Who are the members of the
In the Matter of IBP Integrated Bar?
Membrship Dues Delinquency
Canon 7 97-99 11 7
of Atty. Marcial Edillon AC No. (d) What will happen to a member
1928m December 1980 of the Integrated Bar if he fails to
pay his annual dues as such
Funa, p. 96 member?
(e) May a member of the Integrated
Bar voluntarily terminate his
membership? What is the effect
upon such member if his
membership is terminated?
the voluntary Bar associations which had remained mostly social aggrupation
(a) An Integrated Bar is a State-organized Bar, to which every lawyer must
belong. Organized by or under the direction of the State, an integrated Bar is
an official national body of which all lawyers are required to be members.
They are, therefore, subject to all the rules prescribed for the governance of
the Bar, including the requirement of payment of a reasonable annual fee for
the effective discharge of the purposes of the Bar, and adherence to a code of
professional ethics or professional responsibility breach of which constitutes
sufficient reason for investigation by the Bar and, upon proper cause appearing
a recommendation for discipline or disbarment of the offending members.
(b) The three fundamental purpose of the Integrated Bar shall be:
1. to elevate the standards of the legal profession;
2. improve the administration of justice;
3. and enable the Bar to discharge its public responsibility more
effectively.
(c) All lawyers are required to be members of the Integrated Bar.
(d) Pursuant to Section 10 of Rule 139-A of the Rules of Court, default in the
payment of annual due for six months shall warrant suspension of membership
in the Integrated Bar, and default in such payment for one year shall be a
ground for the removal of the name of the delinquent member from the Roll of
Attorneys. This is, however, understood to be subject to due process meaning
a notice and an opportunity to explain.
 (e) Yes. Pursuant to Section 11 of Rule 139-A of the Rules of Court, a member
ay terminate his membership by filing a written notice to that effect with the
Secretary of the Integrated Bar, who shall immediately bring the matter to the
attention of the Supreme Court. Forthwith he shall cease to be a member and
his name shall be stricken off by the Court from the Roll of Attorneys.
Reinstatement may be made by the Court in accordance with the rules and
regulations prescribed by the Board of Governors and approved by the Court.

(a) General Objectives of the IBP:

1. To elevate the standards of the legal profession

(a) Give the general objectives of 2. To improve the administration of justice

the Integrated Bar of the 3. To enable the Bar to discharge its public responsibility more
Philippines. effectively.

(b) What safeguards have been (b) The Integrated Bar shall be strictly non-political, and every activity tending
Editors Note:
adopted to insure and maintain the to impair this basic feature is strictly prohibited and shall be penalized
Canon 7 97-99 11 8
non-political character of the accordingly. No lawyer holding an elective, judicial, quasi-judicial, or
Funa, p. 95-97
Integrated Bar of the Philippines? prosecutor office in the Government or any political subdivision or
instrumentality thereof shall be eligible for election or appointment to any
(c) What is the objective of legal aid position in the Integrated Bar or any Chapter thereof. A Delegate, Governor,
offices established and operated by Officer or employee of the Integrated Bar, or an officer or employee of any
the IBP Chapters? Chapter thereof shall be considered ipso facto resigned from his position as of
the moment he files his certificate of candidacy for any elective public office or
accepts appointment to any judicial, quasi-judicial, or prosecutor office in the
Government or any political subdivision or instrumentality thereof.

(c) Legal Aid is not a matter of charity. It is a means for the correction of social

(a) What is the Integrated Bar of the
Philippines?
(b) Trace briefly the origin and
history of the Integration of the Bar
in the Philippines until its formal
organization as a corporate body
Canon 7 97-99 11 9 under a Presidential Decree.
(c) How can a member of the
Integrated Bar voluntarily withdraw
his membership therefrom?
(d) What are the conditions for
allowing the existence of the other
Bar Associations?
imbalances that may and often do lead to injustice, for which reason it is a
public responsibility of the Bar. The spirit of public service should, therefore,
underlie all legal aid offices. The same should be so administered as to give
maximum possible assistance to indigent and deserving members of the
community in all cases, matters and situations in which legal aid may be
necessary to forestall an injustice. To attain these objective legal aid offices
should be as close as possible to those who are in need thereof-the masses.
Hence, every Chapter of the Integrated Bar must establish and operate an
adequate legal aid office.
(a) An Integrated Bar is a State-organized Bar, to which every lawyer must
belong. Organized by or under the direction of the State, an integrated Bar is
an official national body of which all lawyers are required to be members.
They are, therefore, subject to all the rules prescribed for the governance of
the Bar, including the requirement of payment of a reasonable annual fee for
the effective discharge of the purposes of the Bar, and adherence to a code of
professional ethics or professional responsibility breach of which constitutes
sufficient reason for investigation by the Bar and, upon proper cause appearing
a recommendation for discipline or disbarment of the offending members.
(b) The Integrated Bar of the Philippines (IBP) is the official organization of all
Philippine lawyers whose names appear in the Roll of Attorneys of the
Supreme Court. The IBP came into being when the Supreme Court created on
October 5, 1970 the Commission on Bar Integration which was tasked not only
to ascertain the advisability on integration of the Bar, but even more, to serve
as a common vehicle of the Court and the Bar in fashioning a blueprint for
integration and putting same into actual operation. Republic Act No. 6397,
which took effect on September 17, 1971, confirmed the power of the Supreme
Court to adopt Rules of Court to effect the integration of the Philippine

The general objectives of the
Integrated Bar of the Philippines
are: 1) to elevate the standards of
the legal profession; 2) to improve
Canon 7 97-99 11 10
the administration of justice; and 3)
to enable the Bar to discharger its
public responsibility more
effectively.
a) What is your perception of the
Bar. Then on January 9, 1973, the Supreme Court, by a per curiam resolution,
pursuant to its constitutional mandate, ordained the integration of the Bar in
accordance with its Rule 139-A, effective January 16, 1973. Within the next
succeeding months, the IBP was organized. On February 17, 1973, local
chapters all over the country were finally formed and elections for chapter
officers were held. Then on March 17, 1973, the first batch of representatives
to the IBP House of Delegates composed of 104 delegates representing the IBP
Chapters nationwide convened in Manila and elected its first set of IBP
Governors.
(c) A member may terminate his membership by a filing a written notice to that
effect with the Secretary of the Integrated Bar, who shall immediately bring the
matter to the attention of the Supreme Court.
(d) Voluntary Bar Associations. - All voluntary Bar associations now existing or
which may hereafter be formed may co-exist with the Integrated Bar but shall
not operate at cross-purposes therewith nor against any policy, act, resolution
or decision thereof.
(a) I believe that the public responsibility of the Bar is to be an instrumentality
of justice and the Rule of Law. Among the purposes of the IBP in relation to its
public responsibility are to:
(1) assist in the administration of justice;
(2) foster and maintain on the part of its members high ideals of
integrity, learning professional competence, public service and conduct;
(3) and provide a forum for the discussion of law, jurisprudence, law
reform, pleading, practice and procedure, and the relations of the Bar to
 public responsibility to the Bar? the Bench and to the public, and publish information relating thereto.
Ultimately, the IBP, as founded and formed by the State, had the
b) Why is the Bar charged with responsibility to their community. This emanates from the public service
responsibility to the community? which all lawyers are obliged to do.

(b) The Bar is charged with responsibility to the community because first and
foremost, it was organized under the authority of the State. Furthermore, the
Bar is composed of individual, responsible lawyers who each have the
responsibility to every Filipinos who would seek their help. Thus, the Bar was
organized for the benefit not only of the lawyers but also the Filipinos and the
State.

A presidential aspirant was the

guest of honor at a testimonial
dinner for the officers and new Pursuant to Section 13 of Rule 139-A of the Rules of Court, the Integrated Bar
members of a provincial chapter of shall be strictly non-political, and every activity tending to impair this basic
the IBP. In his speech, the
feature is strictly prohibited and shall be penalized. The act of the chapter
presidential aspirant announced officers of expressly declaring their unqualified support to the candidate is in
that the IBP would play a major role violation of the provisions of the rule. Such act would give the appearance that
in his administration.
Canon 7 97-99 11 11 the whole chapter, including its members, are partisans. As organized by the
State, the IBP should be imbued with cold political neutrality so as not to
The officers of the chapter, after the influence other people in their own personal choices. They should be
speech, declared their unqualified
supporting the public and not just a candidate.
support for the presidentiables
candidacy and enjoined all
members to do likewise. Comment
on this announcement of support of
the IBP chapter.
Rule 7.01

A lawyer shall
be answerable
for knowingly
making a false
statement or - 0 0
suppressing a
material fact in
connection with
his application
for admission to
the bar.

Rule 7.02

A lawyer shall
not support the
application for
admission to
the bar of any - 0 0
person known
by him to be
unqualified in
respect to
character,
education, or
other relevant
attribute.

Atty. Kuripot was one of Town

Banks valued clients. In recognition
of his loyalty to the Bank, he was
issued a gold credit card with a
(a) No. Rule 7.03 provides that a lawyer shall not engage in conduct that
credit limit of P250,000. After two
Rule 7.03 adversely reflects on his fitness to practice law, nor shall he, whether in public
months, Atty. Kuripot exceeded his
or private life, behave in a scandalous manner to the discredit of the legal
credit limit, and refused to pay the
A lawyer shall profession. In the case at bar, Atty. Kuripots act of refusing to pay monthly
monthly charges as they fell due.
not engage in charges could be considered as scandalous to the discredit of the legal
Aside from a collection suit, Town
conduct that profession. As a lawyer, he ought to know his responsibilities with the bank
Bank also filed a disbarment case
adversely and the consequences arising from not following such. Furthermore, even
against Atty. Kuripot.
reflects on his though such was done in his public capacity, its consequences would still
fitness to In his comment on the disbarment redound to the impairment of the Bar since the title of a lawyer would always
104-
practice law, 1 1 case, Atty. Kuripot insisted that he be attached to his name.
104
nor shall he, did not violate the Code of
whether in Professional Responsibility, since his
public or private (b) Yes. He should be held administratively liable. Since he is a member of the
obligation to the bank was personal
life, behave in a bar, he should always follow and observe the Code of Professional
in nature and had no relation to his
scandalous Responsibility. Non-compliance of which, even in private capacity, would result
being a lawyer.
manner to the to administrative liability.
discredit of the a) Is Atty. Kuripot correct?
legal profession. Explain your answer.
Editors Note: Answer may also be bolstered by incorporating Rule 1.01.
b) Explain whether Atty.
Kuripot should be held
administratively liable
for his refusal to settle
his credit card bill.
Canon 8

A lawyer shall
conduct himself
with courtesy,
fairness and Discuss briefly the proper conduct As a rule, a lawyer must give respect to a fellow lawyer in the same way that he
candor toward and attitude that a lawyer shall expects to be respected by others. Thus, they must act honorably, fairly, and
108- adopt in his relationship with candidly towards each other and otherwise conduct themselves without
his professional 6 1
109 reproach at all times. The duty to be courteous, fair and candid towards a
colleagues, and opposing counsel.
shall avoid fellow lawyer is founded upon the basic human nature of respect.
harassing tactics
against
opposing
counsel.

No. According to Canon 9 of the Canons of Professional Ethics provides that a

Is it ethical for a lawyer to lawyer should not in any way communicate upon the subject of controversy
108- Canon 9, Canon of Professional communicate or negotiate upon the with a party represented by counsel, much less should he undertake to
Canon 8 6 2 subject of a controversy with a negotiate or compromise matter with him, but should deal only with his
109 Ethics
party? counsel. It is incumbent upon the lawyer most particularly to avoid everything
that may tend to mislead a party not represented by counsel, and he should
not undertake to advise him as to the law.

108- Canon 7, Code of Professional Atty. A the original counsel of

Canon 8 6 3 A) Canon 7 of the Canons of Professional Ethics provides that: A clients prefer
109 Ethics record in a pending case for murder:
of assistance of additional counsel should not be regarded as evidence of want
A) His client suggests that he of confidence, but the matter should be left to the determination of the client.
 wants to get the services of
additional counsel, Atty. B,
to assist him. How should A
regard this offer?
B) Should Atty. B be
afterwards informed by the
prospective client that Atty.
A objects to associate him in
the case, what course of
action should Atty. B take?
In the course of a judicial
proceeding, a conflict of opinions as
to a particularly legal course of
action to be taken arose between
AB and CD, two lawyers hired by Mr.
XX, a party-litigate, to act jointly as
his counsel.
108- Canon 7, Code of Professional
Canon 8 6 4 How should such problem be
109 Ethics
resolved, and whose opinion should
prevail? What can AB, the lawyer
whose opinion was not informed,
do when she honestly believes that
the opinion of CD, the other
counsel, is not as legally and
factually well-grounded as her
opinion is? Explain briefly.
A lawyer should decline association of a colleague if it is objectionable to the
original counsel, but if the lawyer first retained is relieved, another may come
into the case.
In the case at bar, Atty. A should regard the offer not as loss of confidence by
the client upon him. It is the clients initiative and determination to get services
of additional counsel.
B) If it appears that Atty. A objects to associate him in the case with Atty. B, the
latter should decline to accept the offer as additional counsel. This is to prevent
further conflict between the lawyers, to the detriment of the clients cause.
Canon 7 of the Canons of Professional Ethics provides that: When lawyers
jointly associated in a cause cannot agree as to any matter vital to the interest
of the client, the conflict opinion should frankly be stated to him for his final
determination. His decision should be accepted unless the nature of the
difference makes it impracticable for the lawyer whose judgment has been
overruled to cooperate effectively. In this event it is his duty to ask the client to
relieve him.
In the case at bar, the conflict of opinion should be submitted to the proper
determination of the client. His opinion on said conflict should prevail and
must be accepted and respected by both counsel.
If Atty. AB honestly believes that the opinion of Atty. CD is not legally and
factually well-grounded as her opinion, in such a way that the difference of
their opinion makes it impracticable for Atty. AB to cooperate with Atty. CD, it
is his duty to ask the client to relieve him.
 According to Canon 9 of the Canons of Professional Ethics provides that a
lawyer should not in any way communicate upon the subject of controversy
with a party represented by counsel, much less should he undertake to
negotiate or compromise matter with him, but should deal only with his
counsel. It is incumbent upon the lawyer most particularly to avoid everything
Atty. As client filed a case against that may tend to mislead a party not represented by counsel, and he should
Canon 9, Canon of Professional Atty. Bs client for pirating the book not undertake to advise him as to the law.
Ehthics of As client. As client is a friend of
108- Atty. B should have not communicate the subject matter of the controversy
Canon 8 6 5 B. A filed a disbarment complaint
109 directly with As client. Canon 8, which provides that a lawyer should conduct
Camacho vs. Pangulayan et. al. against B for convincing As client to himself with courtesy, fairness and candor toward his professional colleagues,
AC No. 4807, March 2000 settle that case. Decide. advances the rule that B should have given the proper respect due to Atty. A as
the counsel of the opposing party.

Furthermore, in Camacho v. Pangulayan et al. (A. C. No. 4807, March 22, 2000),
the Supreme Court suspended respondent for three months for directly
negotiating with the opposing party for the settlement of the case without
communicating with the legal counsel of said opposing party on the matter of
such settle is a disregard of a duty owning to a colleague.

You are the counsel of K in his
action for specific performance
against DEV Inc., a subdivision
108- Canon 9, Canon of Professional
Canon 8 6 6 developer which is represented by
109 Ethics
Atty. L. Your client believes that the
president of DEV would be willing to
consider an amicable settlement
and your client urges you to discuss
No. According to Canon 9 of the Canons of Professional Ethics provides that a
lawyer should not in any way communicate upon the subject of controversy
with a party represented by counsel, much less should he undertake to
negotiate or compromise matter with him, but should deal only with his
counsel. It is incumbent upon the lawyer most particularly to avoid everything
that may tend to mislead a party not represented by counsel, and he should
not undertake to advise him as to the law.
 the matter with DEV without the
presence of Atty. L whom he
considered to be an impediment to
an early compromise. Would it be
all right for you to negotiate the
terms of the compromise as so
suggested above by your client.
Such act would be detrimental to me, as an attorney who is bound to observe
the rules because such would make me guilty for violating Canon 8, CPR.
Although, I have also the duty to uphold the cause of my client, my opinion
should be respected in matters pertaining to the law especially if it would
involve my standing and status as a lawyer.

Rule 8.01

A lawyer shall
not, in his
professional
dealings, use
language which
- 0 0
is abusive,
offensive or
otherwise
improper.

Rule 8.02
Myrna, petitioner in a case for (a) No. If a client should decide to replace his present counsel with a new
A lawyer shall 114- custody of children against her lawyer because of the latters neglect or unsatisfactory services, the new
3 1
not, directly or 115 husband, sought advice from Atty. lawyer must give only an objective assessment of the clients options and must
indirectly, Mendoza whom she met at a party. not denigrate the other lawyers professional standing in order to obtain for
encroach upon She informed Atty. Fernandez that himself the clients account. Such act of Atty. Mendoza would be a direct
the professional her lawyer, Atty. Khan, has been encroachment upon the professional employment of Atty. Khan in violation of
employment of charging exorbitant appearance fees Rule 8.02 of the Code of Professional Responsibility.
another lawyer; when all he does was move for
however, it is postponements which have unduly
the right of any delay the proceedings; and that (b) Atty. Mendoza must give only an objective assessment of the clients
lawyer, without recently, she learned that Khan options and must not denigrate the other lawyers professional standing in
fear or favor, to approached her husband asking for order to obtain for himself the clients account. His act of giving advice to the
give proper a huge amount in exchange for the client would be justified because as provided for under Rule 8.02, it is the
advice and withdrawal of her motion for right of any lawyer, without fear or favour, to give advice and assistance to
assistance to issuance of Hold Departure Order so those seeking relief against unfaithful or neglectful counsel.
those seeking that he and his children can leave
relief against for abroad.
unfaithful or
neglectful a. Is it ethical for Atty. Mendoza to
counsel. advise Myrna to terminate the
services of Atty. Khan and hire him
instead for a reasonable attorneys
fees?

b. What should Atty. Mendoza do

about the information relayed to
him by Myrna that Atty. Khan
approached her husband with an
indecent proposal?

Atty, A objects to the collaboration

of Atty. B as proposed by Client C in There is no unprofessional encroachment where it was the client who
114-
Rule 8.02 3 2 a pending case. How would A, B, contracted the second lawyer after the client had lost confidence in the first
115
and C handle the situation? lawyer. The entry of appearance of a second lawyer on behalf of a litigant does
not create the presumption that the authority of the first lawyer has been
 withdrawn.

Canon 7 of the Canons of Professional Ethics provides that: A lawyer should

decline association of a colleague if it is objectionable to the original counsel,
but if the lawyer first retained is relieved, another may come into the case.

As a general rule, no, part of the professional courtesy to a fellow lawyer is the
May a lawyer give proper advice
114- respect for the lawyer-client relationship existing between another lawyer and
Rule 8.02 3 3 and assistance to a client of another
115 his client. However, it is the right of any lawyer, without fear or favor, to give
lawyer?
proper advice and assistance to those seeking relief against unfaithful or
neglectful counsel.

Canon 9

A lawyer shall
Is there a distinction between A practicing lawyer is a lawyer engaged in any activity, in or out of court,
not, directly or
121- practicing lawyer and trial which requires the application of law, legal procedure, knowledge, training and
indirectly, assist 9 1
123 lawyer? experience. A trial lawyer is a lawyer who specializes in defending clients
in the
before a court of law.
unauthorized
practice of law.

The Supreme Court suspended No, because defending Tony before the court constitutes practice of law.
121-
Canon 9 9 2 Sec 3, Rule 71, Rules of Court indefinitely Atty. Fernandez from Although Atty. Fernandez was duly admitted to the bar, he may not appear as
123
the practice of law for gross counsel or practice law by virtue of the suspension rendered upon him.
immorality. He asked the Municipal Furthermore, Section 3, Rule 71 of the Rules of Court provides that a person
 Circuit Trial Court Judge of his town may be punished for indirect contempt for Assuming to be an attorney or an
if he can be appointed counsel de officer of a court, and acting as such without authority.
oficio for Tony, a childhood friend
who is accused of theft. The judge Editors Note: It is not certain whether the answer given applies for both
refused because Atty. Fernandezs question.
name appears in the Supreme
Courts List of Suspended Lawyers.
Atty. Fernandez then inquired if he
can appear as a friend for Tony to
defend him.

If you were the judge, will you

authorize him to appear in your
court as a friend for Tony?

Supposing Tony is a defendant in a

civil case for collection of sum of
money before the same court, can
Atty. Fernandez appear for him to
conduct his litigation?

The term practice of law is Habituality. The term practice of law implies customarily or habitually
Editors Note:
incapable of exact definition. holding oneself out to the public as a lawyer such as one sends a circular
Whether a particular activity comes announcing the establishment of a law office for the general practice of law, or
121- Criteria for the practice of Law,
Canon 9 9 3 within the meaning of the term, when one takes an oath of office as a lawyer before a notary public, and files a
123 p. 433, Mem Aid
depends upon the circumstances of manifestation with the Supreme Court informing it of his intention to practice
the case. There are, however, law in all courts of the country. Practice is more than an isolated appearance for
Cayetano vs. Monsod, GR No.
general principles and doctrines laid it consists in frequent or customary action, a succession of acts of the same
100113, September 1991
down by the Supreme Court kind. In other words, it is a habitual exercise.
 explaining the meaning and scope
of what constitute the practice of
law.
Briefly discuss said general
principles and doctrines.
Who may practice law in the
121- Philippines?
Canon 9 9 4 Sec. 1, Rule 138, Rules of Court
123
Compensation. Practice of law implies that one must have presented himself to
be in the active practice and that his professional services are available to the
public for compensation, as a source of his livelihood or in consideration of his
services. Hence, charging for services such as preparation of documents
involving the use of legal knowledge and skill is within the term practice of
law
Application of law, legal principle, practice, or procedure, which calls for legal
knowledge, training and experience, is within the term practice of law.
Attorney-client relationship. Engaging in the practice of law presupposes the
existence of lawyer-client relationship. Hence, where a lawyer undertakes an
activity which requires knowledge of law but involves no attorney-client
relationship, such as teaching law or writing law books or articles, he cannot be
said to be engaged in the practice of his profession as a lawyer.
Under Section 1, Rules 138 of the Rules of Court, any person who has been duly
licensed as a member of the bar and who is in good and regular standing is
entitled to practice law.
Before being admitted to the bar, an applicant must satisfy the requirements
consisting of the following:
1. He/she must be a citizen of the Philippines;
2. At least 21 years of age;
3. Of good moral character;
 4. A resident of the Philippines; and
5. Must produce before the Supreme Court satisfactory evidence
of his good moral character and no charges against him,
involving moral turpitude, have been filed or are pending in any
court of the Philippines.

Editors Note: p. 434, Mem Aid enumerates 10 requirements as enunciated in

the case of People vs. Tuanda, AC No. 3360, January 1990

A leading Japanese lawyer in Tokyo

was asked to collaborate with the
local attorney by the Mitsubishi
Company in Manila to help in the
prosecution of a case against
another foreign company based in No, because filing a brief on behalf of a client constitutes practice of law. The
the Philippines. May the Japanese Japanese lawyer is not authorized to practice law within the Philippine
121- lawyer file a brief and appendix of Jurisdiction. Furthermore, collaborating or associating with a person not
Canon 9 9 5
123 authorities to be appended to that authorized to practice law is sanctionable. A lawyer should not knowingly
to be submitted by the local collaborate on cases with a person not authorized to practice law.
attorney of record prosecuting the
case in the Court of First Instance
(now Regional Trial Court) of
Manila? Reason out your answer.

No, under Canon 47, no lawyer shall permit hos professional service, or his
121-
Canon 9 9 6 Abad and De los Reyes, both name to be used in aid of, or to make possible, the unauthorized practice of law
123
lawyers, and Salazar, a certified by any lay agency, personal or corporate.
 public accountant, in order to
enhance their respective practice,
desire to pool their resources
together and establish a partnership
for the combined purposes of law
and accounting practice under the
firm name of Abad, De los Reyes,
Salazar & Associates. Is the
proposed partnership allowed?

May a lawyer be allowed to retire Yes, contempt charges are bestowed upon any person or organization to have
121- from the practice of law while disobeyed or been disrespectful of the court's authority. It does affect the
Canon 9 9 7
123 facing contempt charges before the retirement of a lawyer, whom can effect the same on his own volition.
court? Reason.

Atty. Yabang was suspended as a

member of the Bar for period of one
(1) year. During the period of
Yes, because practice of law includes all activities, in or out of court, which
suspension, he was permitted by his
requires the application of law, legal procedure, knowledge, training and
law firm to continue working in
121- experience. By drafting and preparing pleadings and other legal documents,
Canon 9 9 8 their office, drafting and preparing
123 Atty. Yabang was, in fact, practicing his learned profession, even if it is not in a
pleadings and other legal
personal capacity with respect to the client.
documents, but was not allowed to
come into direct contact with the
firms clients. Atty. Yabang was
subsequently sued for illegal
practice of law.
 Would the case prosper? Explain.

Raul Catapang, a law graduate and

vice-president for labor relations of
XYZ Labor Union, entered his
appearance as representative of a
member of the union before the
Labor Arbiter in a case for illegal I would allow Raul Catapang to appear as representative of XYZ Labor Union.
121- dismissal, unpaid wages and Under the Labor Code, a union representative may appear for his organization
Canon 9 9 9 or any of its members before the National Labor Relations Commission, labor
123 overtime pay. Counsel for the
Company objected to Rauls arbiter or arbitrator.
appearance and moved for his
disqualification on the ground that
he is not a lawyer. If you were the
Labor Arbiter, how would you
resolve the motion? Why?

Rule 9.01
According to Rule 138-A of Rules of Court also known as The Law Student
A lawyer shall Practice Rule, only a law student who has successfully completed his 3rd year of
not delegate to the regular four-year prescribed law curriculum and is enrolled in a recognized
any unqualified Enumerate the instances when a law schools clinical legal education program approved by the Supreme Court,
person the 130- Rule 138-A, Rules of Court: The law student may appear in court as may appear without compensation in any civil, criminal or administrative case
4 1
performance of 131 Law Student Practice Rule counsel for a litigant. before any trial court, tribunal, board or officer, to represent indigent clients
any task which accepted by the legal clinic of the law school. The appearance of the law
by law may only student authorized by this rule, shall be under the direct supervision and
be performed control of a member of the Integrated bar of the Philippines duly accredited by
by a member of the law school. Any and all pleadings, motions, briefs, memoranda or other
the Bar in good papers to be filed, must be signed by the supervising attorney for and in behalf
standing. of the legal clinic.

A law student may appear before an inferior court as an agent or friend of a

party, where the issues and procedure are relatively simple. For cases of in
propria persona or self-representation, the law allows persons who are not
lawyers by profession to litigate their own case in court to do everything in
130- the proceedings from commencement to the termination of the litigation. In all
Rule 9.01 4 2 these proceedings, he remains a party litigant, not a temporary counsel or
131
lawyer.

The complaint may be dismissed on the ground that A is still a minor in

instituting the case, without being represented by his parents or a legal
guardian.

Raul Catapang may represent his labor union. Under Sec.3 of PD No. 1691, he
130- Editors Note: Same as Q9, may appear before the NLRC or any labor arbiter only if 1) he represents
Rule 9.01 4 3
131 Canon 9, p. 123 himself or 2) if he represents his organization or the members thereof.
However, he may not collect attorneys fees since he is not a lawyer.

Under modern application, A may continue representing himself as his case

falls under small claims (for amounts not more than P100,000.00), provided it is
130- presented under a court designated as Small Claims Court. He may continue
Rule 9.01 4 4
131 representing himself until the end of litigation. However, if it involves regular
jurisdiction under the MTC, RTC, etc., he will need the supervision/assistance of
counsel for the intricacies of the law.

132-
1 1
Rule 9.02 132 No. The law is clear in mandating that a lawyer shall not divide his fees for legal
 services with a non-lawyer. Only lawyers are entitled to fees in connection with
A lawyer shall their legal services, even as a notary public.
not divide or
stipulate to
divide a fee for
legal services
with persons
not licensed to
practice law,
except:

a) Where there
is a pre-existing
agreement with
a partner or
associate that,
upon the
latters death,
money shall be
paid over a
reasonable
period of time
to his estate or
to persons
specified in the
agreement; or

b) Where a
lawyer
undertakes to
complete
unfinished legal
business of a
deceased
lawyer; or

c) Where a
lawyer or law
firm includes
non-lawyer
employees in a
retirement plan,
even if the plan
is based in
whole or in
part, on a
profitable
sharing
arrangement.

Canon 10 While there may be merit to the contention that it is the NLRC which has
jurisdiction, nevertheless, the counsel for the union leaders must advise his
A lawyer owes 137- clients to obey the RTC injunction. Instruction of disobedience thereof will be
2 1
candor, fairness 138 an open violation to Canon 10. The counsel may assail the injunction in a
and good faith proper appeal, to the proper court. Ignorance of the court order is not a
to the court. solution to the case.
 There was clear negligence on the part of Attorney A. He should not have relied
on the capacity of his secretary to remind him of the notice. He should have
verified for himself. Failure to receive court orders is not an excuse where there
is apparent negligence on the part of the lawyer.
137-
Canon 10 2 2 Editors Note: The case of Gemina vs. Atty. Madamba, AC No. 6689, August
138
2011 cites the case of Father Aquino vs. Atty. Pascua, AC No. 5095, 28
November 2007 where the SC held that the lawyer cannot escape liability by
putting the blame on his secretary. The lawyer himself, not merely, his
secretary should be held accountable for these misdeeds.

Rule 10.01

A lawyer shall
not do any
falsehood, nor
consent to the
- 0 0
doing of any in
Court; nor shall
he mislead, or
allow the Court
to be misled by
any artifice.

147- Editors Notes:

2 1
Rule 10.02 148 Under Rule 10.02, Court decisions and rulings should be quoted word-for-word.
 Florido vs. Florido, AC No. The appellants lawyer gravely erred in substituting his own theory and words
A lawyer shall 5624, 20 January 2004 on the alleged decision on the case, making it appear that the Court of Appeals
not knowingly (Somehow similar as it involves stated such words in its decision, when in fact it did not. This act also tends to
misquote or a spurious CA resolution). mislead the courts and lead to a perversion of justice. The lawyer should be
misrepresent punished for contempt of court or even suspension for his acts.
the contents of
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.

147-
Rule 10.02 2 2 Yes. Atty. A had the duty to give accurate citations and quotations of Court
148
decisions. It can be said that he knowingly alleged an argument of a party to
 case as part of the SC decision, making it part of the ratio decidendi. The lawyer
had made a false assertion and misrepresented the decision of the SC to suit
his legal affairs .

Rule 10.03

A lawyer shall
observe the
rules of
procedure and - 0 0
shall not misuse
them to defeat
the ends of
justice.

Canon 11

A lawyer shall
observe and Atty. Dizons case is based on his own allegations. The fact that he identified
maintain the Atty. Padilla as the alleged drafter of the decision does not mean that the
respect due to attack does not affect the Court of Appeals as a judicial institution. An attack
168- Editors note:
the courts and 9 1 on the validity of a decision, regardless of who drafted its entirety, is an
170 Funa, No. 23, p. 162
to judicial unethical attack on the wisdom of the Court from where it came from.
officers and
Editors Note: Canon 11 speaks of respect to judicial officers. Thus, lawyers
should insist on
must also extend respect to the clerk of court.
similar conduct
by others.
 The judge properly punished complainant for direct contempt. Direct
168- contempt, under Rule 71 of the Rules of Court, includes disrespect toward the
Canon 11 9 2 Rule 71, Rules of Court court and offensive personalities toward others. The words of complainant
170
were a direct attack to the person and honor of the judge as an officer of the
court.

No. The fact that the litigation had been fully terminated does not give rise to
the right of Atty. A to direct derogatory words toward the Supreme Court. This
is an open attack to the Judiciary and can properly be apprehended as
168-
Canon 11 9 3 contempt of court. No member of the bar has the authority to criticize the acts
170
of the highest court of the land by hurling insults and innuendos in full view of
the public. Atty. A was apparently moved by his failure to obtain relief for the
petitions which the Supreme Court had denied.

Direct contempt is one committed in the presence of or near, the judge as to

obstruct him in the administration of justice. Indirect contempt or constructive
contempt is committed beyond the presence of the court but has the effect or
obstructing the administration of justice.
Editors Note:
Distinguish direct contempt from In direct contempt, the offender can be punished summarily without hearing as
168-
Canon 11 9 4 Sections 1 -12, indirect contempt. (1977 bar exams) the court is offended right there and then. In indirect contempt, the
170
Rule 71, Rules of Court, respondent has the right to be heard before being held in contempt of court.

Funa, No. 22, p. 162 Editors Note: In indirect or constructive contempt, the contemnor may be
punished only after charge in writing has been filed, and an opportunity given
to the accused to be hard by himself or counsel, whereas in case of direct
contempt, the respondent may be summarily adjudged in contempt. The
judgment in cases of indirect contempt is appealable whereas in cases of direct

While the presiding Judge was still
in his chambers studying the cases
of the days calendar, a heated facts is similar to the case of Bengzon vs. Tan, L-1043, May 23, 1958 where the
discussion ensued between the two
lawyers in court waiting for the
168- Bengzon vs. Tan, L-1043, May
Canon 11 9 5 session to start. Their commotion
170 23, 1958
was so disturbing that it incurred
the ire of the presiding judge who
came out of this chamber and held
them for contempt. Are the lawyers
liable for contempt? Why? (1977
bar exams)
The presiding judge declared a 30-
minute recess, left the court room
and repaired to his chambers to
preside over a pre-trial conference.
168- While the pre-trial conference was
Canon 11 9 6
170 in progress, the opposing lawyers in
another case engaged each other in
a fist fight in the courtroom. The
judge who was attracted by the
commotion came out of his
chambers and held the lawyers
contempt only judgment of contempt by MTCs, MCTCs and MeTCs are
appealable (Wicker vs. Arcangel, GR No. 112869, January 1996)
The lawyers may not summarily be held in contempt. This hypothetical set of
Supreme Court ruled that since the act of the lawyer was committed when the
court was not in session, it cannot be said that the lawyers intended to
contempt the administration of justice or offended the dignity of the court. The
act may constitute an indirect or constructive contempt since the judge was
disturbed while in the performance of a judicial function. A charge in writing
must be filed against the lawyers and they should be given opportunity to be
heard.
In Bengzon vs. Tan, L-12043, May 23, 1958, it was ruled that the commotion
which resulted in the fight between the two lawyers disturbed the Judge in his
chamber during a recess, when the court session was adjourned. Said act
cannot be considered as direct contempt.
Direct contempt is the act of misbehavior committed in the presence of or so
near a Judge while in session or the person of the Judge even if not in session in
connection with the performance of the administration of justice. Where the
act is committed at a time when the court is not in session and the Judge had
already retired to his room, and there was not showing that he was then
performing an official duty, it cannot be said that the contemnors acted with
the intent to interrupt the administration of justice or offend the dignity of the
 guilty of direct contempt, imposed
upon each of them imprisonment of
five (5) days and a fine of P100.00. Is
the act of the judge summarily
holding the lawyers in direct
contempt proper? (Reason) (1978
bar exams)
Atty. A was found guilty of indirect
contempt by the Regional Trial
Court and summarily suspended
Editors Note:
168- indefinitely from the practice of
Canon 11 9 7
170 law. Atty. A appealed the Supreme
Funa, No. 26, p. 164 -168
Court. Is his appeal meritorious?
Reasons. (2000 bar exams)
Court. The most that can be said against him is that he committed an act of
misconduct which can be considered as a constructive contempt. But in order
that he may be held liable therefore, it is necessary that a charge in writing be
first filed against him and in that event, he should be given an opportunity to
be heard personally or by counsel.
The facts in question, however, are slightly different from the case of Bengzon
vs. Ran. In this question, the open court session was only suspended as the
Judge was conducting a pre-trial in his chamber. In such case, the lawyers may
be held in direct contempt, as it disturbed the Judge in the performance of his
judicial duties. It is assumed of course that the lawyers knew that a pre-trial
proceeding was going on, otherwise, the ruling in Bengzon vs. Tan should be
followed.
No answer was provided by the assigned individual.
Editors Note: Yes. According to Sec. 7, Rule 71 of the Rules of Court, if the
respondent is adjudged guilty of indirect contempt committed against a
Regional Trial court or a court of equivalent or higher rank, he may be punished
by A FINE NOT EXCEEDING THIRTY THOUSAND PESOS OR IMPRISONMENT NOT
EXCEEDING SIX MONTHS, OR BOTH. If he is adjudged guilty of contempt
committed against a lower court, he may be punished by a fine not exceeding
five thousand pesos or imprisonment not exceeding one month, or both. If the
contempt consists in the violation of writ of injunction, he may also be ordered
to make complete restitution to the party injured by such violation of the
property involved or such amount as may be proved.
It is clear that punishments provided for by law do not include a n indefinite
suspension from the practice of law. Hence, the appeal with respect to the
 penalty meted is meritorious.

When Atty. Aldrin received copy of

the decision of the Court of Appeals,
he filed a motion for
reconsideration using intemperate
and disrespectful language with a
subtle threat that knowingly
rendering an unjust judgment is
punishable under the Revised Penal
No. A practicing lawyer and officer of the court facing contempt proceedings
Code.
cannot be allowed to voluntarily retire from the practice of law which would
168- Montecillo vs. Gica, 60 SCRA The Court of Appeals ordered him voluntarily retire from the practice of law which would not negate the inherent
Canon 11 9 8
170 234 to explain why he should not be power of the court to punish him for contempt. (Montecillo v. Gica, 60 SCRA
cited in contempt of court. Instead 234)
of complying, he submitted to the
Court of Appeals his Petition to
Retire from the practice of Law
which he immediately filed with the
Supreme Court after receiving the
citation for contempt. May he be
allowed to retire from the practice
of law? (1998 bar exams)

For his failure to appear for trial

168- The judge is not correct. A lawyer who fails to appear for trial is only liable for
Canon 11 9 9 People vs. Torio, 118 SCRA 14 despite notice, Atty. Umali was
170 indirect contempt, which cannot be punished summarily. (People v. Torio, 118
summarily pronounced guilty of
SCRA 14)
direct contempt and was fined
 P10,000.00 by the judge. Is the
judge correct? (1998 bar exams)

Rule 11.01

A lawyer shall - 0 0
appear in court
properly attired.

Rule 11.02

A lawyer shall
- 0 0
punctually
appear at court
hearings.

Rule 11.03

A lawyer shall
abstain from
scandalous,
- 0 0
offensive or
menacing
language or
behavior before
the Courts.
Rule 11.04

A lawyer shall
not attribute to
a Judge motives - 0 0
not supported
by the record or
have no
materiality to
the case.

Rule 11.05

A lawyer shall
not attribute to
a Judge motives
- 0 0
not supported
by the record or
have no
materiality to
the case.

Canon 12
- 0 0

A lawyer shall
exert every
effort and
consider it his
duty to assist in
the speedy and
efficient
administration
of justice.

Rule 12.01

A lawyer shall
not appear for
trial unless he
has adequately
prepared
himself on the
law and the
facts of his case, - 0 0
the evidence he
will adduce and
the order of its
preferences. He
should also be
ready with the
original
documents for
comparison
with the copies.
 On June 28, 2001, RJ filed with the
Supreme Court a petition for
prohibition, with a prayer for a a. RJ is guilty of forum shopping. Forum shopping is the practice of filing
temporary restraining multiple actions from the same cause (Rule 12.02, CPR). It is clear that RJs
order/preliminary injunction, to petition for prohibition was still pending in the Supreme Court when he filed
forestall his removal as chairman the same petition in the Regional Trial Court. He should have waited first for
and general manager of a the resolution of his motion to withdraw before filing the second petition
government agency. He believed he because he cannot assume that the motion will be granted.
had fixed term until January 31,
2004, but there were indications
Rule 12.02 b. Instance of forum-shopping:
that the new President would
replace him. As he had i. When, as a result of an adverse opinion in one forum, a party seeks a
A lawyer shall apprehended, an administrative
191- favorable opinion (other than by appeal or certiorari) in another;
not file multiple 3 1
192 order was issued by the Chief
actions arising Executive on July 2, 2001 recalling ii. When he institutes two or more actions or proceedings grounded on
from the same RJs appointment. Shortly, the same cause, on the gamble that one or the other court would make
cause. thereafter, PT was appointed to the a favorable disposition;
position in question.
iii. Filing a second suit in court without jurisdiction;
On July 3, 2001, RJ filed a motion to
iv. Filing an action in court while the same cause of action is still pending
withdraw his petition. On the same
in an administrative proceeding;
day, without waiting for the
resolution of his motion, he filed v. When counsel omits to disclose the pendency of an appeal, in filing a
another petition with the Regional certiorari case.
Trial Court seeking to prevent his
removal as chairman and general
manager of the government agency.
 On July 8, 2001, his motion to
withdraw the first petition was
granted by the Supreme Court
without prejudice to his liability, if
any, for contempt for engaging in
forum-shopping.

a. Is he guilty of forum shopping?

Explain.

b. Give three instance of forum

shopping (2002 bar exams)

Forum shopping is the improper practice of filing several actions or petitions in

the same or different tribunals arising from the same cause and seeking
substantially identical reliefs in the hope of winning in one of them.
What us your understanding of
The possible consequences of forum shopping are:
191- forum shopping? What are the
Rule 12.02 3 2 possible consequences? (1998 bar a. Summary dismissal of the multiple petition or complaint
192
exams)
b. Penalty for direct contempt of court on the party and his lawyer.

c. Criminal action for a false certification of non-forum shopping.

d. Disciplinary proceeding for the lawyer concerned.

191- J sustained serious physical injuries No. There is no forum shopping in the simultaneous filing of a criminal case and
Rule 12.02 3 3
192 Article 33, New Civil Code due to a motor vehicle collision a civil case in this instance. Article 33 of the Civil Code allows the filing by an
between the car she was driving injured party of a civil action for damages entirely separate and distinct from
 and a public utility bus, requiring the criminal action in cases of defamation, fraud and physical injuries. There is
her confinement for 30 days at the also non-forum shopping involved in filing an administrative complaint against
Makati Medical Center. After her the bus operator with the LTFRB. It is for a different cause of action, the
release from the hospital, she file a cancellation or suspension of the operators franchise.
criminal complaint against the bus
driver for serious physical injuries
through reckless imprudence before
the Makati Prosecutors Office. She
also filed a civil complaint before
the Paranaque Regional Trial Court
against the bus operator and driver
for compensatory, moral,
exemplary and other damages.
Aside from the two complaints, she
additionally filed an administrative
complaint against the bus operator
with the LTFRB for cancellation or
suspension of the operators
franchise. Would you say that she
and her lawyer were guilty of forum
shopping? (1997 bar exams)

Rule 12.03

A lawyer shall
- 0 0
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.

A lawyer is defending a widow in an

ejectment suit. Judgment against a. The facts of the question is similar to the ruling in Castaneda v. Ago, 65 SCRA
the widow has become final. To 505 where the respondents with the assistance of counsel, maneuvered for
Rule 12.04 delay execution in order to gain fourteen years to doggedly resist execution of judgment thru a series of
time for the widow to find a petitions from one court to another. The Supreme Court condemned the
A lawyer shall rentable place within her limited attitude of the respondents and their counsel. According to the court citing
not unduly financial means, the lawyer filed a Perez v. Lantin, 23 SCRA 637, far from viewing courts as sanctuaries for those
Castaneda vs. Ago, 65 SCRA series of petition in Court.
delay a case, 201- who seek justice, have tried to use them to subvert the very ends of justice.
1 1 505 citing Perez vs. Lantin, 23
impede the 201 The lawyer can be held in contempt for violation of his sworn duty to uphold
SCRA 637 a. Explain why the lawyer may be
execution of a the case of justice which is superior to the duty of his client.
held accountable for his conduct as
judgement or
being i) in contempt of court; and ii) b. The major problem in the administration of justice is the clogging of court
misuse Court
in violation of ethical duty. dockets and in terminable delays in the disposition of cases would be
processes.
obstructed.
b. What major current problem in
the administration of justice is
bound to be aggravated by conduct
such as that lawyer in this case?
 Explain. (1980 bar exams)

Rule 12.05

A lawyer shall
refrain from
talking to his
witness during a
- 0 0
break or recess
in the trial,
while the
witness is still
under
examination.

Rule 12.06

A lawyer shall
not knowingly
assist a witness - 0 0
to misrepresent
himself or to
impersonate
another.

Rule 12.07 - 0 0
A lawyer shall
not abuse,
browbeat or
harass a witness
nor needlessly
inconvenience
him.

Rule 12.08
No. The underlying reason for the impropriety of a lawyer acting dual capacity
A lawyer shall lies in the difference between the respective functions of a witness and an
avoid testifying advocate. The function of a witness is to tell the facts as he recalls them in
in behalf of his answer to questions. The function of an advocated is that of a partisan, It is
client, except: difficult distinguish between the zeal of an advocate and the fairness and
impartiality of a disinterested witness. The lawyer will find it hard to
a) on formal disassociate his relation to his client as an attorney and his relation to the party
matters, such as as a witness. Even if he can actually do so, the dual relationship would invite
the mailing, Is it proper for a lawyer to give
embarrassing criticism.
Editors Notes: testimony of his client in a case in
authentication 209-
4 1 which he is appearing as counsel? Editors Note: The basis for the professional rule regarding appearance as both
or custody of an 209
Funa, No. 2, p. 208 Discuss briefly. (1968 bar exams) advocate and witness is twofold. First, it is designed to protect the integrity of
instrument, and
the like, or the advocates professional role by preserving the distinction between
advocacy, which is based on reason and subject to objective evaluation, and
b) on testimony, which is based on the witnesss moral qualities and is evaluated in
substantial terms of individual credibility. Second, it is corollary to the rule that an
matters, in advocate may not inject personal belief as to cause into argument to the judge.
cases where his In other words, it eliminates the opportunity to mix arguments and facts.
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.

A car driven by Carlos, with his
lawyer friend, Atty. Lazaro, as
passenger, collided with another
vehicle at a street intersection. Sued
by the owner of the other vehicle,
Carlos asked Atty. Lazaro to be his
counsel in the case and, at the same
time, a witness for him to testify on
the degree of care with which he
209- (Carlos) was driving when the
Rule 12.08 4 2
209 collision took place. Atty, in reply,
informed Carlos that professional
ethics would not allow him to
assume the dual role of trial counsel
and witness in the case.
a. If I were Atty. Lazaro, I will explain Carlos that as a lawyer, I have a duty not
to be a witness and counsel at the same time in accordance with Rule 12.08
of the Code of Professional Responsibility which states that:
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.
A witnesss function is to state facts objectively. When a lawyer represents
himself as a counsel and a witness, there may be a tendency of conflicting
interest thus making him a less effective witness. Also, the public may be
inclined to believe that a lawyers testimony is altered to serve the clients
interest.

a. If Carlos had asked, b. Yes, if no other witness could be found, it would be proper for Atty. Lazaro
why not?, how would to accede to the request to be a witness. Rule 12.08 provides the exemption
you have explained it if that a lawyer can testify for his client on substantial matters, in cases where his
 you were Atty. Lazaro? testimony is essential to the ends of justice. However, if Atty. Lazaro testifies
for Carlos, he should entrust the case to another counsel in further accordance
b. Assuming no other to Rule 12.08 of the Code of Professional Responsibility.
witness could be found,
would it have been
proper for Atty. Lazaro
to accede to the
request? (1980 bar
exams)

(Multiple choice) On which of the

following is a lawyer prescribed
from testifying as a witness in a case
he is handling for a client.

a. On the mailing of documents

c. The lawyer is not proscribed from testifying on the following as a witness in
b. On the authentication or custody
209- a case he is handling for a client.
Rule 12.08 4 3 of any instrument
209
c. On the theory of the case

d. On the substantial matters in

cases where his testimony is
essential to the ends of justice
(2005 bar exams)

The underlying reason for the impropriety of a lawyer acting in such dual
209- As a rule, why should an attorney
Rule 12.08 4 4 capacity lies in the difference between the function of a witness and that of an
209 not testify as a witness for his
advocated. The function of a witness is to tell the facts as he recalls them in
 client? (2001 bar question) answer to questions. The function of an advocate is that of a partisan. It is
difficult to distinguish between the zeal of an advocate and the fairness and
impartiality of a disinterested witness. The lawyer will find it hard to
disassociate his relation to his client as an attorney and his relation to the part
as a witness.

The basis for the professional rule regarding appearance as both advocate and
witness is twofold. First, it is designed to protect the integrity of the advocates
professional role by preserving the distinction between advocacy, which is
based on reason, and subject to objective evaluation, and testimony, which is
based on the witnesss moral qualities and is evaluated in terms of individual
credibility. Second, it is corollary to the rule that an advocate may not inject
personal belief as to the cause into argument to the judge. In other words, it
eliminates the opportunity to mix argument and fact.

Canon 13

A lawyer shall
rely upon the No, a lawyer has a duty not to influence judges. While the judge is mandated to
merits of his May a lawyer talk privately to a avoid impropriety or the appearance of partiality, the lawyer is also mandated
cause and 210- Judge regarding the merits of a case to maintain the impartiality of the judge. Hence, any inappropriate ex parte
3 1 pending before the said Judge? communication with the judge is disallowed. Also, a lawyer should not
refrain from any 211
impropriety Explain briefly. communicate or argue privately with the judge as to the merits of a pending
which tends to cause in accordance to Canon 3 of the Code of Professional Ethics.
influence, or
gives the
appearance of
influencing the
court.

Attorney A is the legal counsel of

Ang Manggagawa, a labor union
whose case is pending before the
CA. In order to press for the early
resolution of their case, the union
officers decided to stage a NO. Canon 13 provides that a lawyer shall rely upon the merits of his cause
demonstration in front of the CA, and refrain from any impropriety which tends to influence, or gives the
which Atty. A, when consulted, appearance of influencing the court. The act of Atty. A is violative of Canon 13.
210- approved of, saying that it was their His contention that the demonstration will help in the speedy disposition of the
Canon 13 3 2 case is untenable. The lawyer under this Canon has the duty to not influence
211 constitutional right to peaceably
assemble and the petition the the judges.
government for redress and
grievances and for the speedy
disposition of their cases before all
judicial, quasi-judicial or
administrative bodies. Is it
appropriate for Atty. A to give
advice to the union officers?

Atty. A is offered professional
engagement to appear before Judge
210- B who is As relative, compadre and
Canon 13 3 3
211 former office colleague. Is A
ethically compelled to refuse the
engagement? Why?
Yes, A is ethically compelled to refuse the engagement. In relation to Canon 13,
CPR which provides the duty of a lawyer not to influence or give the
appearance of influencing the Court, Canon 3 of the Code of Professional Ethics
also states that marked attention and unusual hospitality on the part of the
lawyer to the judge, uncalled for by the personal relations of the parties,
subject both the judge and the lawyer to misconstructions of motives and
should be avoided.
 Atty. J requested Judge K to be a
Rule 13.01 principal sponsor at the wedding of
his son. Atty. J met Judge K a month Atty. Js acts can be considered a violation of the Code of Professional
A lawyer shall before during the IBP-sponsored Responsibility. Rule 13.01 provides the duty of lawyers of non-fraternization
not extend reception to welcome Judge K into with judges. It states that, a lawyer shall not extend extraordinary
extraordinary the community, and having learned attention or hospitality to, nor seek opportunity for cultivating familiarity with
attention or 212- that Judge K takes his breakfast at a Judges. While a lawyer is duty bound to give respect and reasonable
1 1
hospitality to, 212 coffee shop near his (Judge Ks) deference to judges, it must not be excessive or extraordinary. With more
nor seek boarding house. Atty. J made it a reason, a lawyers treatment of judges must not be with the end in the view
opportunity for point to be at the coffee shop at of cultivating closeness which can be converted later on to seek favors from
cultivating about the time that Judge K takes the judge.
familiarity with his breakfast. Comment on Atty. Js
Judges. acts. Do they violate the Code of
Professional Responsibility?

Rule 13.02 Dumbledore, a noted professor of a. Rule 13.02 of the Code of Professional Responsibility provides that a lawyer
Editors Notes: commercial law, wrote an article on shall not make public statements in the media regarding a pending case
A lawyer shall the subject of letters of credit which tending to arouse public opinion for or against a party.
not make public was published in the IBP Journal.
Romero et. al. vs. Senator In accordance to this is the sub-judice rule which is a part of the law relating to
statements in
220- Jinggoy Estrada and Senate a. Assume he devoted a significant contempt of court. This rule governs what public statements, whether orally or
the media 3 1
220 Committee on Labor, portion of the article to a in published writings, can be made about matters pendingin legal proceedings
regarding a
Employment and Human commentary on how the Supreme before the courts. The basis for the sub-judice rule is that the courts must be
pending case
Resource Development, GR No. Court should decide a pending case allowed to deal with the legal issues that are before it free from undue
tending to
174105, 2 April 2009 involving the application of the law interference and influences. A breach of the sub-judice rule can include
arouse public
opinion for or on letters of credit. May he be statements urging the court to reach a particular result in a matter, comments
against a party. sanctioned by the Supreme Court? on the strength or weakness of a partys case or particular issue, or comments
 Explain.
b. Assume Dumbledore did not
include any commentary on the
case. Assume further after the
Supreme Court decision on the case
had attained finality, he wrote
another IBP Journal article,
dissecting the decision and
explaining why the Supreme Court
erred in all its conclusions. May he
be sanctioned by the Supreme
Court? Explain.
220-
Rule 13.02 3 2 As a defense counsel for the
220
accused in a sensational case for
on witnesses or evidence in a case.
Editors Note: The sub judice rule restricts comments and disclosures pertaining
to judicial proceedings to avoid prejudging the issue, influencing the court, or
obstructing the administration of justice. A violation of the sub judice rule may
render one liable for indirect contempt under Sec. 3(d), Rule 71 of the Rules of
Court.[11] The rationale for the rule adverted to is set out in Nestle Philippines
v. Sanchez:
[I]t is a traditional conviction of civilized society everywhere that
courts and juries, in the decision of issues of fact and law should be
immune from every extraneous influence; that facts should be decided
upon evidence produced in court; and that the determination of such
facts should be uninfluenced by bias, prejudice or sympathies.
(Romero et. al., vs Senator Estrada, GR No. 174105, April 2009 citing Nestle
Philippines vs. Sanchez, G.R. Nos. L-75209 & L-78791, September 30, 1987)
b. No, Dumbledore cannot be sanctioned by the Supreme Court. The right to
criticize is recognized in concluded litigations because then the courts
actuations are thrown open to public consumption and discussion. As a citizen
and officer of the court, every lawyer is expected not only to exercise the right
but also to consider it his duty to expose the shortcomings and indiscretions of
courts and judges.
As a defense counsel, I will wait for the litigation to end before I comment on
the apparent bias of the judge against my client. Central to the sub-judice rule
is that the freedom of speech should not take precedence over the proper
 abduction which the media is administration of justice.
covering, you are fully convinced
from the judge actuations that he is
biased against your client. You are
asked by the reporters to comment
on the proceedings and the judges
conduct. How should you react on
the matter?

It has been ruled that newspaper publications tending to impede, obstruct,

embarrass, or influence the courts in administering justice in a pending suit or
When is the time public comments proceedings constitute criminal contempt which is summarily punishable by
220- and criticisms of a court decision the courts. The rule is otherwise after the cause is ended.
Rule 13.02 3 3
220 permissible, and when would it be
improper?
Editors Note: In re Lozano and Quevedo, 54 Phil., 801; In re Abistado, 57 Phil.,
668

Rule 13.03

A lawyer shall
not brook or
invite
- 0 0
interference by
another branch
or agency of the
government in
the normal
course of
judicial
proceedings.

Canon 14

A lawyer shall
- 0 0
not refuse his
services to the
needy.

Due to faulty brakes, the car driven

Rule 14.01 As a member of the legal profession, I have a duty not to be prejudiced in
by A rammed into a calesa, resulting
accepting clients. As provided by rule 14.01 of the Code of Professional
in the death of B who was inside the
A lawyer shall Responsibility, a lawyer shall not decline to represent a person because of his
calesa and the complete destruction
not decline to own opinion regarding the guilt of a person. If I cannot acquit A, the least I can
of the calesa. A surrendered to the
represent a do is mitigate his offense and lower the penalty to be imposed upon him in the
police after the incident. Two cases
person solely on Editors Note: criminal case. As for the civil case, if I find the claim reasonable, then I have to
were filed against A:
account of the 223- tell A the same.
8 1
latters race, 225 Right to Decline Employment, a. criminal case for homicide
sex, creed or p. 455, Mem Aid through reckless imprudence; and
status of life, or Editors Note: Rule 15.05 - A lawyer when advising his client, shall give a candid
because of his b. a civil case to recover the and honest opinion on the merits and probable results of the clients case,
own opinion amounts of PhP 12,000.00 for the neither overstating nor understating the prospects of the case.
regarding the death of B and PhP 1,000.00
Ethical Consideration in Taking a Bad Case:
guilt of said representing the value of the calesa.
person. 1. In Criminal Case: A lawyer may accept a losing criminal case because accused
A seeks your professional services.
After going over the records and the
available evidence, you are
convinced that he is guilty as
charged in the criminal case
although you also you also found
that he is entitled to the mitigating
circumstances of voluntary
surrender. Likewise, you are
convinced that the amount sought
is very reasonable and A has no
defense to resist the action. Would
you agree to handle for A both a.
the criminal case, and b. the civil
case?
is presumed innocent until proven guilty and enjoys the right to counsel.
2. In Civil Case: The rules and ethics of the profession enjoin a lawyer from
taking a bad case.
Reasons:
a. The attorneys signature in every pleading constitutes a certificate by him
that there is good cause to support it and that it is good cause to support it and
that it is not interposed for delay and willful violation of such rule shall subject
him to disciplinary action.
b. It is the attorneys duty to counsel or maintain such actions or proceedings
only as appear to him to be just and only such defenses as he believes to be
honestly debatable under the law.
c. A lawyer is not encourage either the commencement of the continuance of
an action or proceeding, or delay any mans cause, for any corrupt motive or
interest.
d. A lawyer must decline to conduct a civil cause or to make a defense when
convinced that it is intended merely to harass or injure the opposite party or to
work oppression of wrong.
Exceptions:
1) However, a lawyer may accept a losing civil case provided that, in so doing,
he must not engage in dilatory tactics and must advise his client about the
prospects and advantages of settling the case through compromise.
2) If he were to take a bad civil case of the plaintiff, it will only be to advise him
not to file the action or to settle it with the client. If he were to accept defense
of a bad civil case against a defendant, it will either be to exert his best effort

Defense counsel is defending an
accused who he knows to be guilty
of the crime charged.
223- How does such knowledge operate
Rule 14.01 8 2 ethically to restrict the scope of the
225
defenses that the defense counsel
may invoke in behalf of the
accused?
Rule 15.05, Rule 21.01, Rule Christine was appointed counsel de
223- 21.02, Canon 21, CPR oficio for Zuma, who was accused of
Rule 14.01 8 3
225 raping his own daughter. Zuma
Brown v. Board of County pleaded not guilty but thereafter
Commissioners, 451 P.2d 708 privately admitted to Christine that
toward a compromise or tell his client to confess judgment.
Mem Aid, p. 455
The lawyer, according to Rule 14.01, shall not decline to represent a person
because of his own opinion regarding the guilt of said person. But by accepting
the case, he must comply with Rule 15.05 and 15.07 of the Code of Professional
Responsibility. The lawyer of the defendant shall give a candid and honest
opinion on the merits and probable results of the clients case, neither
overstating nor understating the prospects on the case (Rule 15.05) and that
any defense he would make shall still be in compliance with the laws and the
principles of fairness (15.07).
In this case, such knowledge operate ethically to restrict the scope of the
defences that the defense counsel may invoke in befall of the accused such that
the defense counsel should still present all remedies that are available to his
client; these remedies, however, should still be within the bounds of law and
not contrary to public policy and good customs keeping in mind that it is the
duty of an attorney to counsel or maintain such defenses only as he believes to
be honestly debatable under the law.
Editors Notes: Canon 19 - A lawyer shall represent his client with zeal within
the bounds of the law.
(a) She shall give candid and honest opinion on the merits and probable results
of the clients case, neither overstating nor understating the prospects on the
case (Rule 15.05). She should also present every defense that the law permits,
and in doing so, provide a glimpse of hope that the courts may render a
decision favourable to her client, or at the very least, present all legal remedies
 [Nev. 1969] he did commit the crime charged. to the end that no person may be deprived of life liberty, but by due process of
law.
a. In light of Zumas admission, what
should Christine do? Explain. (b) No, Christine cannot disclose the admission of Zuma to the court. This is
based on Canon 21, Rule 21.01 and Rule 21.02 of the Code of Professional
b. Can Christine disclose the Responsibility. Canon 21 provides that a lawyer shall preserve the confidences
admission of Zuma to the court? or secrets of his clients; she would only be justified to do so under the
Why or why not? circumstances enumerated in Rule 21.01 to which the case at bar does not fall
into. Moreover, Rule 21.02 states that a lawyer shall not, to the disadvantage
c. Can Christine withdraw as counsel of his clients, use information acquired in the course of employment...unless
of Zuma should he insist in going to the client with full knowledge of the circumstances consents thereto.
trial? Explain.
(c) No, she cannot withdraw as counsel of Zuma since admission of guilt by the
defendant does not fall within the purview of Rule 22.01 which enumerates the
instances when a lawyer may withdraw his services. Also, she can only
withdraw or decline appointment as counsel de oficio for causes which are
serious and sufficient. Sufficient cause is where a lawyer cannot handle the
matter competently, or if a conflict of interest would ensure (Brown v. Board of
County Commissioners, 451 P.2d 708 [Nev. 1969]).

Yes. There is no law prohibiting a lawyer from defending an accused who

confessed his guilt to him or whose guilt the evidence in the lawyers
Would a lawyer be justified in
Editors Note: possession establishes conclusively. In fact, Rule 14.01 of the Code of
representing an accused who
223- Professional Responsibility provides that a lawyer shall not decline to
Rule 14.01 8 4 confessed his guilt to him or whose
225 Right to Decline Employment, represent a person solely on account of the latters race, sex, creed or status of
guilt the evidence in the lawyers
Mem Aid, p. 455 life, or because of his own opinion regarding the guilt of said person.
possession establishes conclusively?
Explain your answer.
Editors Note: As a general rule, a lawyer is not obliged to act as legal counsel
for any person who may wish to become his client. He has the right to decline
 employment. However, he shall not decline to represent a person solely on
account of the latters race, sex, creed, or status of life or because of his own
opinion regarding the guilt of said [eperson.

A person accused of a criminal

Yes. Rule 14.01 of the Code of Professional Responsibility provides that a
offense has asked you to handle his
lawyer shall not decline to represent a person solely on account of the latters
defense. After going over his
race, sex, creed or status of life, or because of his own opinion regarding the
223- version of the incident together
Rule 14.01 8 5 guilt of said person. If the opinion of the lawyer is to be the sole basis of
225 with the available evidence, you
whether or not he should accept the case, then, according to the
strongly believe that he is guilty as
aforementioned rule, he should not decline his services to the person seeking
charged. Should you agree to
it.
defend him?

No, Atty. DDs motion is not legally tenable. Rule 14.01 of the Code of
Atty. DDs services were engaged by
Professional Responsibility states that a lawyer shall not decline to represent
Mr. BB as defense counsel in a
a person solely on account of the latters race, sex, creed or status of life, and,
lawsuit. In the course of the
in addition to this, Canon 22 of the same Code states that a lawyer shall
proceedings, Atty. DD discovered
withdraw his services only for good cause and upon notice appropriate in the
that Mr. BB was agnostic and a
223- circumstances.
Rule 14.01 8 6 Rule 22.01, Canon 22, CPR homosexual. By reason thereof,
225 Atty. DD filed a motion to withdraw If the sole basis of Atty. DDs withdrawal was the fact that Mr. BB was agnostic
as counsel without Mr. BBs express and a homosexual, then, according to Rule 14.01, he would not be justified in
consent. withdrawing as counsel. Furthermore, his reason for withdrawing does not fall
within those circumstances where a lawyer may withdraw his services in a
Is Atty. DDs motion legally tenable?
case, as enumerated in Rule 22.01 of the CPR.
Reason briefly.

Rule 14.01 223- 8 7 Rule 15.05, Rule 18.01, CPR What is a lawyers duty if he finds
 225 that he cannot honestly put up a
valid or meritorious defense but his
client insists that he litigate?
Explain.
A lawyer shall not, according to Rule 14.01, decline to represent a person
because of his own opinion regarding the guilt of his client; but he shall
candidly and honestly give an opinion on the merits and probable results of the
case without overstatements or understatements as regards to the prospects
of the case (Rule 15.05). If, however, the lawyer believes that he cannot put up
a valid or meritorious defense not because of any circumstance regarding the
client but because of his own competence or qualification, or the lack of each,
according to Rule 18.01, he can obtain as collaborating counsel a lawyer who is
competent on the matter.

M was criminally charged with

violation of a special law. He tried
to engage the services of Atty. N. No, it would not be ethical for Atty. N to decline. A lawyers personal opinion
223- Atty. N believed, however, that M is regarding the guilt of a person cannot be the sole basis for a lawyer to refuse
Rule 14.01 8 8
225 guilty on account of which he his services to one seeking it (Rule 14.01).
declined. Would it be ethical for
Atty. N to decline? Explain.

Rule 14.02 No, he shall not be excused. Rule 14.02 states that only for serious and
(Brown v. Board of County M was appointed by the Court of sufficient causes shall a lawyer decline appointment as counsel de oficio.
A lawyer shall Commissioners, 451 P.2d 708 Appeals as counsel de oficio in a Sufficient cause is where a lawyer cannot handle the matter competently, or if
not decline, 230- [Nev. 1969]) homicide case. After reading the a conflict of interest would ensure (Brown v. Board of County Commissioners,
10 1 record, M became convinced that 451 P.2d 708 [Nev. 1969]). That being said, as appointed counsel de officio, he
except for 232
serious and (In Re: Robles Lahesa, 4 Phil. both the findings of fact and the is expected to perform his duties while observing the same standard of conduct
sufficient cause, 298) conclusions of law in the appealed governing his relations with paying clients. Moreover, a counsel de oficio may
an appointment judgment are correct. Can he be be held liable for negligence in the same way and degree as a lawyer who gets
as counsel de excused from writing a brief for the paid (In Re: Robles Lahesa, 4 Phil. 298).
oficio or as appellant? Reasons.
amicus curiae,
or a request
from the
Integrated Bar
of the
Philippines or
any of its
chapters for
rendition of free
legal aid.

A court of justice may assign an attorney to render professional aid to a

destitute appellant in a criminal case who is unable to employ one.
Correspondingly, a duty is imposed on the lawyer so assigned to render the
required service. A lawyer so appointed should always exert his best efforts in
Editors Notes:
the indigents behalf. (In re Adriano, G.R. No. L-26868, February 27, 1969)

Sec. 36, Rule 138, Rules of When may a court of justice permit A court may assign an attorney to render professional aid free of charge to any
230- Court the appearance of a lawyer as
Rule 14.02 10 2 party in a case, if upon investigation it appears that the party is destitute and
232 amicus curiae? unable to employ an attorney, and that the services of counsel are necessary to
Blacks Law Dictionary
secure the ends of justice and to protect the rights of the party. It shall be the
duty of the attorney so assigned to render the required service, unless he is
Funa, No. 8, p. 229
excused therefrom by the court for sufficient cause shown (Sec. 31, Rule 138 of
the Rules of Court).

The Court must also assign a counsel de oficio to defend an accused except
when the latter is allowed to defend himself in person or has employed
 another counsel of his choice (Sec. 6, Rule 116, Rules of Court).

Editors Note: Section 36, Rule 138, Rules of Court. Amicus curiae- Experienced
and impartial attorneys may be invited by the Court to appear as amici curiae
to help in the disposition of issues submitted to it.

Blacks Law Dictionary citing Fed. R. App. P. 29 A person with strong interest
in or views on the subject matter of an action may petition the court for
permission to file a brief ostensibly on behalf of a party but actually to suggest
a rational consistent with its own views. Such amicus curiae briefs are
commonly filed in appeals concerning matters of a broad public interest. Such
may be filed by private respondents or government.

An attorney de oficio, who was

cited to explain why no disciplinary
action should be taken against him A counsel de oficio may be held liable for negligence in the same way and
for failure to file an appellants degree as a lawyer who gets paid. The court should exact from its officers and
230- (In Re: Robles Lahesa, 4 Phil. brief, the sentence imposed being subordinates the most scrupulous performance of their official duties,
Rule 14.02 10 3 that of death, alleged that his duty especially when negligence in the performance of those duties necessarily
232 298)
to prepare and submit such brief results in delays in the prosecution of criminal cases and the detention
ceased when the accused escaped, of accused persons pending appeal. (In Re: Robles Lahesa, 4 Phil. 298).
the legal consequences being the
dismissal of the appeal. How would
you rule on his defense? Why?

No answer was provided by the assigned individual.

Editors Notes:
230- a. What is a counsel de oficio? Editors Note:
Rule 14.02 10 4
232
Agpalo, Legal and Judicial b. What is counsel de parte? a. A counsel de oficio is an attorney appointed by the court to defend an
ethics, p.3 indigent defendant in a criminal action or to represent a destitute party in a

Funa, No. 2, p. 226
Sec. 7, Rule 115, Revised Rules
on Criminal Procedure
Sec. 1, Rule 123, Revised Rules
on Criminal Procedue
c. May a practicing lawyer refuse an
appointment by court as counsel de
oficio? Explain briefly.
d. May a municipal judge appoint a
practicing lawyer as counsel de
oficio of a person accused before
the municipal court? Explain briefly.
case. The term connotes littler or no other choice than the acceptance by the
indigent party of whoever is appointed as his counsel and unless excued
therefrom by the court, the discharge by the designated attorney of the duty to
faithfully and conscientiously render effective legal assistance in favor of such
party. (Agpalo, Legal and Judicial ethics, p.3)
A counsel de oficio is a court appointed lawyer (Funa, No. 7, p. 228)
b. Counsel de parte is the lawyer of the partys own choice.
c. Yes, while it is a lawyers duty to render pro bono public service when so
appointed, the lawyer may decline such appointment for serious and sufficient
cause. It is believed that it is a sufficient cause where the lawyer cannot
handle the matter competently, or if a conflict of interest would ensure. It has
been held that financial hardship or undue financial burden would be a proper
cause to decline appointment. Hence, a lawyer may decline an appointment
where he is to incur out-of-pocket expense for investigation costs, fees for
witnesses, unable to continue his private practice (Brown vs Board of County
Commissioners, 451 P.2d 708, [Nev. 1969])
d. Yes. The Revised Rules on Criminal Procedure particularly, Rule 116
Arraignment and Plea, Section 7. Appointment of counsel de oficio provides, to
wit:
The court, considering the gravity of the offense and the difficulty of the
questions that may arise, shall appoint as counsel de oficio only such
members of the bar in good standing who, by reason of their experience
and ability, can competently defend the accused. But in localities where
such members of the bar are not available, the court may appoint any
person, resident of the province and of good repute for probity and
ability, to defend the accused.

Her Majesty the Queen vs.
Criminal Lawyers Association
of Ontario, et al., Supreme
Court of Canad, Case No. 34317
230-
Rule 14.02 10 5 c. Can lawyers who appear in court
232 Case Summary
http://www.scc-csc.gc.ca/
case-dossier/cms-sgd/
sum-som-eng.aspx?cas=34317
SCC Decision
a. What is an amicus curiae?
interest in or views on the subject matter of an action may petition the court
b. When can lawyers appear in
court as amici curiae?
as amici curaie claim compensation
for their services? Explain.
While Rule 123 Procedure in the Municipal Trial Courts, Section 1.Uniform
Procedure provides, to wit:
The procedure to be observed in the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts shall be the
same as in the Regional Trial Courts, except where a particular provision
applies only to either of said courts and in criminal cases governed by
the Revised Rule on Summary Procedure. (1a)
It is clear that procedures including the assignment of counsel de officio as
observed in Regional Trial Courts shall be the same in the MTCs, MunTCs and
MCTCs. Furthermore, the use of the word court in Sec. 7, Rule 116 was
couched in the general sense. Ubi lex non distinguish nec nos distinguire
debemos. It is an established rule in Statutory Construction that where the law
does not distinguish, neither do we distinguish. Hence, a municipal judge may
appoint a practicing lawyer as counsel de oficio of a person accused before the
municipal court.
a. Amicus curiae means, literally, friend of the court. A person with strong
for permission to file a brief, ostensibly on behalf of a party but actually to
suggest a rationale consistent with its own views. Such amicus curiae briefs are
commonly filed in appeals concerning matters of a broad public interest. Such
may be filed by public persons or the government.
Editors Note: Latin for friend of the court. Frequently, a person or group of
person who is not a party to a lawsuit, but has a strong interest in the matter,
will petition the court for permission to submit brief in the action with the
intent of influencing the courts decision. (Cornell University Law School)
http://scc.lexum.org/
decisia-scc-csc/scc-csc/
scc-l-csc-/en/item/11101/ An amicus curia is an experienced and impartial attorney invited by the court to
index.do?r=AAAAAQBFaGVy appear and help in the dispositions of the issues submitted to it. It implies
IG1hamVzdHkgdGhlIHF1ZW friend intervention of counsel to call the attention of the court to some matters
VuIGV0IGFsIHYgY3JpbWluY of law or facts which might otherwise escape its notice and in regard towhich it
WwgbGF3eWVycyBhC3NvY2
might be wrong. Amicus curiae appears in court not to represent any particular
lhdGlvbiBvZiBvbnRhcml
vAAAAAAAAAQ party but only to assist the court (UST Faculty of Civil Law).

b. A lawyer may appear as amici curae when:

1. He lawyer has strong interest in or views on the subject matter of an

action may petition the court for permission to file a brief, ostensibly on
behalf of a party but actually to suggest a rationale consistent with its
own views. Such amicus curiae briefs are commonly filed in appeals
concerning matters of a broad public interest.

2. Court appoints the lawyer as amici curia to help in the disposition of

issues submitted to it (Sec. 36, Rule 138, Rules of Court).

c. No definite answer was obtained in our jurisdiction despite diligent search of

the Editor

However, in the case of Her Majesty the Queen vs. Criminal Lawyers
Association of Ontario, et al., the Supreme Court of Canada granted without
costs the leave to appeal form the judgement of the Court of Appeal which held
that the power to set rates of compensation and order monitoring is incidental
to the courts power to appoint amicus curiae. Further, Court of Appeal held
that the appointment in in issue and the rates set were appropriate in the
circumstances.
 Primo, Segundo and Tercero are co-
accused in an information charging
them with the crime of homicide.
They are respectively represented
by Attys. Juan Uno, Jose Dos and a. If the chosen counsel deliberately makes himself scarce, the court is not
Pablo Tres. During the pre-trial precluded from appointing a de oficio counsel whom it considers competent
conference, Attys. Uno and Dos and independent to enable the trial to proceed until the counsel of choice
manifested to the court that their enters his appearance. Otherwise, the pace of a criminal prosecution will be
clients are invoking alibi as their entirely dictated by the accused to the detriment of the eventual resolution of
defense. Atty. Tres made it known the case.
that accused Tercero denies
involvement and would testify that No. There is no impediment to Atty. Dos acting as counsel de oficio for the
Primo and Segundo actually accused Primo because the latter, and Atty. Dos' own client shares the same
230-
Rule 14.02 10 6 perpetrated the commission of the defense of Alibi.
232
offense charged in the information.
b. Yes. Atty. Tres, may validly refuse his designation as counsel de oficio of
accused Primo on the grounds of conflict of interest. Atty. Tres' client Tercero is
In one hearing during the
pleading an entirely different defense from Primo, in that he denies all
presentation of the prosecution's
involvement with the alleged crime and would testify that Primo and Secundo
evidence in chief, Atty. Uno failed to
perpetrated the commission of the offense. Clearly, Tercero's claims are in
appear in court. When queried by
conflict with those of Primo, as such, Tres may validly refuse on the grounds of
the judge if accused Primo is willing
conflict of interest.
to proceed with the hearing despite
his counsel's absence, Primo gave
his consent provided Attys. Dos and
Tres would be designated as his
joint counsel de oficio for that
particular hearing. Thereupon, the
court directed Attys. Dos and Tres
 to act as counsel de oficio of
accused Primo only for purposes of
the scheduled hearing.

Atty. Dos accepted his designation,

but Atty. Tres refused.

a. Is there any impediment to Atty.

Dos acting as counsel de oficio for
accused Primo?

b. May Atty. Tres legally refuse his

designation as counsel de oficio of
accused Primo? Reason.

7a. May a lawyer decline a request
for free legal aid to an indigent
accused made by a chapter of the
Integrated Bar of the Philippines?
230-
Rule 14.02 10 7 Explain.
232
7b. Will your answer be different if
the legal aid is requested in a civil
case?
a. Yes. While it is a lawyer's duty to render pro bono publico service when so
appointed, the lawyer may decline such appointment for "serious and
sufficient cause". It is believed that it is a sufficient cause where the lawyer
cannot handle the matter competently, or if a conflict of interest would arise. It
has been held that financial hardship or undue financial burden would be a
proper cause to decline an appointment. Hence, a lawyer may decline an
appointment where he is to incur out-of-pocket expenses for investigation
costs, fees, for witnesses, or when his is unable to continue his private practice
(Brown v. Board of County Commissioners, 451 P.2d 708 [Nev. 1969]).
b. No, the answer remains the same even if the case were Civil rather than
criminal. Lawyers may still decline appointments on the grounds enumerated
above.
 When may refusal of counsel to act
as counsel de oficio be justified on
Lawyers may validly refuse appointment as counsel de oficio on the grounds of
230- grounds aside from reasons of
Rule 14.03 10 8 conflict of interest, or financial hardship (Brown v. Board of County
232 health, extensive travel abroad, or
Commissioners, 451 P.2d 708 [Nev. 1969]).
similar reasons of urgency? Support
your answer.

X was indicted for murder. As he
had no counsel on arraignment, the
trial court appointed Atty. A as his
counsel de oficio. When Atty. A
asked X what his stand was, X said
he was guilty. X thereupon pleaded
guilty. Trial was thereafter
conducted. When the turn of the
230-
Rule 14.02 10 9 Funa, No. 3, p. 226 defense to present evidence came,
232
Atty. A manifested that he was not
presenting any and that he was
submitting the case for decision,
praying that X's plea be considered
mitigating. Did Atty. A's assistance
or conduct approximate the
competence and diligence which the
CPR expected of him? Explain.
No. Atty. A did not conduct the competence and diligence required of him by
the CPR in defending his client. Instead of simply asking what his client's stand
is, and declining to present any evidence and relying on his client's plea of
guilty, Atty. A. should have thoroughly asked his client to explain the entirety
of the facts in order to ascertain whether or not there exists any other factors
that may serve to mitigate, or perhaps even lessen X's liability from murder,
down to homicide. By not doing so, Atty. A failed in his duty to competently
and diligently seek every legal avenue to prevent a miscarriage of justice.
Editors Notes:
A counsel de oficio may be held liable for negligence in the same way and
degree as a lawyer who gets paid (In re: Robles Lahesa, 4 Phil 298). He must not
only perform perunctorty representation (People v. Estebia, L-26868, February
1969, 27 SCRA 106)

Rule 14.02 230- 10 10 Funa, No. 7 pp. 228-229

 232 When Dennis was arraigned in a
case for homicide, he was asked by
the judge if he had a lawyer which
he answered in the negative. The
Court then appointed Atty. Go as his
counsel de oficio despite his
insistence on the appointment of
Atty. Salvador Laurel, the former
Vice-President, as his counsel. After
conviction, he appealed claiming
that he was denied his
constitutional right to counsel. Is
Dennis correct?
No, Dennis is not correct. It is true that Dennis has a right to have a counsel de
oficio appointed to him, but such right does not contemplate the right to
choose the particular lawyer to represent him. Even in cases involving counsel
de parte, the court is obliged to balance the privilege to retain a counsel of
choice against the state's and the offended party's equally important right to
speedy and adequate justice. Thus, the court may restrict the accused's option
to retain a counsel de parte if the accused insists on an attorney he cannot
afford, or the chosen counsel is not a member of the bar, or the attorney
declines with valid reason.

Rule 14.03
Rendering legal aid to those unable to pay for legal services is a matter of
A lawyer may public duty rather than charity because it is a lawyer's duty to assist in the
not refuse to proper administration of justice. Because indigents are often uneducated and
accept are not well-versed with their legal rights and are therefore especially
representation Why is legal aid to those unable to susceptible to become victims of injustice when left on their own without legal
of an indigent 233- pay for legal services a matter of assistance.
3 1 public duty and not a matter of
client unless: 233
charity? Editors Note: The indigents represents one of the marginalized sectors of
a) he is in no
society. Within the limits of the lawyers capacity, able lawyers must extend to
position to carry
these marginalized members of society. Moreover, legal aid as a public duty is
out the work
also covered by the social justice policy of our Constitution which the lawyers
effectively or
vow to uphold.
competently;
b) he labors
under a conflict
of interest
between him
and the
prospective
client or
between a
present client
and the
prospective
client.

The rationale for the mandated establishment and operation of legal aid offices
State the rationale for the in all chapters of the IBP is to help ensure that legal aid is available to all
233- mandated establishment and indigents located within a reasonable proximity of an IBP chapter. If not every
Rule 14.03 2 2 operation of legal aid offices in all
233 IBP chapter has an operational legal aid office, then those indigents who live in
chapters of the IBP. the area covered by that IBP chapter would be prejudiced as no adequate legal
aid would be available to them.

Rule 14.04
You are the counsel for plaintiff in a 1.a. Although Rule 14.04 states that a lawyer who accepts the cause of a person
A lawyer who civil case and have been appearing unable to pay his professional fees shall observe the same standard of conduct
accepts the at the trial of the case for a number governing his relations with paying clients, Rule 22.01 provides that a lawyer
cause of a of weeks. Your client has not been may withdraw his services if the client deliberately fails to pay the fees, or fails
236-
person unable 1 1 Rule 22.01 paying you despite repeated to comply with the retainer agreement. In this case, the client is not an
236
to pay his promises. He is not indigent. indigent, which means that it is reasonable to assume that he has the means to
professional comply with his obligation to pay me as his lawyer. Absent any facts which
fees shall 1a. May you be justified in deferring provide proof of a valid reason for non-payment, it is well within the rights of
observe the the prosecution of your client's case the lawyer to withdraw services upon deliberate non-payment of fees.
same standard on the ground that you did not
of conduct undertake to handle the case for
governing his free?
relations with
paying clients. 1b. How may you ethically go about
it if you no longer desire to continue
as counsel?
1c. Under what circumstances may
you be compelled to continue as
counsel, even assuming there are
other lawyers available?
1.b. Again, because there is no evidence showing that the client is UNABLE to
pay the Attorney's fees, then we may validly apply Rule 22.01 which states that
a lawyer may validly withdraw upon his client's refusal or deliberate failure to
pay the fees.
Editors Note: Although the lawyer no longer desires to continue as counsel, he
may not do so simply in his own volition. The lawyer must still comply with
Canon 10 and Rule 10.03. Proper motions and procedures must still be
followed. He must inform the court through a motion to withdraw of his
intention and, with the courts approval, he may do so. Otherwise, he remains
as counsel until the attorney-client relationship is formally terminated.

1c. If my client is unable to pay the fees, and there is a valid reason for him
being unable to do so, then according to Rule 14.04, I would be compelled to
continue treating him, and serving him with the same manner and conduct that
I afford to my paying clients. This is true even if there are other lawyers
available to take the case.

Editors Note: The lawyer may be compelled to continue as counsel despite the
fact that the client unjustly refuses to render Attorneys fee when the court
orders him to do so, when the transition concerning pertinent and important
details of the case to the next counsel requires the previous counsels
involvement and other similar situations.

Canon 15 C engages the services of attorney D Yes. Atty. D violated the Code of Professional Responsibility, specifically, Canon
238-
4 1 concerning various mortgage 15. D convinced his client to sell to him her property without monetary
239
A lawyer shall contracts entered into by her consideration on the basis that he would sell the same in order for C to be able
observe candor, husband from whom she is to pay off her creditors. D, in paying off C's creditors and keeping the property
fairness and separated, fearful that her real for himself, has taken advantage of the fears of C and used the same for his
loyalty in all his estate properties will be foreclosed own benefit. Property being a more precious commodity than capital in most
dealings and and of impending suits for sums of cases, D kept the property given him by C instead of using it for its intended
transactions money against her. Atty D advised C purpose. D violated Canon 15 which states that a lawyer shall observe candor,
with his clients. to give him her land titles covering fairness and loyalty in all his dealings and transactions with his client. By taking
her lots so he could sell them to advantage of C's concerns and using the same to his benefit, D betrayed the
enable her to pay her creditors. He trust of his client and failed to show candor and fairness.
then persuaded her to execute
deeds of sale in his favour without
any monetary or valuable
consideration, to which C agreed on
condition that he would sell the lots
and from the proceeds pay her
creditors. Later on, C came to know
that Atty. D did not sell her lots but
instead paid her creditors with his
own funds and had her and titles
registered in his name.

Did Atty. D violate the Code of

Professional Responsibility? Explain.

a. No. A person without a lawyer is a legitimate prospective client for any

a. In anticipation of a close friends
lawyer whom he approaches for legal services as soon as he had retained
approval, even gratefulness, a
238- counsel, efforts on the part of another lawyer to take him as client constitutes
Canon 15 4 2 lawyer enters his appearance in a
239 an act encroaching upon the employment of another lawyer. A lawyer may
case as counsel for such friend,
properly accept employment to handle a matter which has been previously
without the latters previous
handled by another lawyer, provided that the lawyer has been given notice by
consent. Is the act of the lawyer
the client that his services have been terminated. Representing a friend as legal
 ethical? Reasons for your answer.
b. What do you understand by an
integrated bar? Would an
integrated bar in the Philippines
improve the ethical standards of the
law profession?
X, practicing lawyer, appeared in
court in behalf of a party litigant.
His appearance was without
238-
Canon 15 4 3 authority from the party whom he
239
entered his appearance. Did he
commit any crime? (1968 Bar
Exams)
counsel in any proceedings against a party incurs conflict of interest. The
personal relationship between a lawyer and a friend may affect the attorney-
client relationship and may also affect the professional standard of a lawyer. A
lawyer is prohibited from allowing an intermediary to intervene in the
performance of his obligation.
b. Integrated bar is the official national unification of the all lawyer in the
Philippines. The integrated bar is strictly non-political. It allows the legal
profession to render more effective assistance in maintaining to rule a law. The
IBP may improve the standard of the legal profession and also the
administration of justice and enable the bar to discharge its public
responsibility more effectively.
Editors Note: It is submitted that the answer is NO, there being no provision in
the RPC or no known special law that punish a lawyer who appears in court
without authority form the party whom he entered his appearance for.
Although no crime was committed, X, nevertheless, committed an ethical
infraction for he violated Canon 15, CPR.
Yes. Consent from the party whom the lawyer will be representing is required
to prevent future controversy on the authority of the lawyer to act as the legal
counsel of the party. An attorney is presumed to be properly authorized to
represent any cause in which he appears in all stages of the litigation and no
written authority is required authorize him to appear. The presumption is a
strong one. A mere denial by a party that he has authorized an attorney to
appear for him in the absence of any compelling reason, is insufficient to
overcome the presumption especially when denial comes after the rendition of
an adverse judgment.
 An attorney has authority to bind their clients in any case by any agreement as
long as there is consent from the client. Mistake of lawyer binding upon client
is bound by attorneys conduct, negligence and mistake in handling case or in
management of litigation and in procedural technique, and he cannot be heard
to complain that result might have been different had his lawyer proceeded
differently.

238- Sofio vs. Valenzuela, GR No. To what extent can a lawyer bind Editors Note: Although the petitioners former counsel was blameworthy for
Canon 15 4 4
239 157810, February 2012 his client? (1979 Bar Exams) the track their case had taken, there is no question that any act performed by
the counsel within the scope of his general or implied authority is still regarded
as an act of the client. In view of this, even the negligence of the former counsel
should bind them as his clients. To hold otherwise would result to the untenable
situation in which every defeated party, in order to salvage his cause, would
simply claim neglect or mistake on the part of his counsel as a ground for
reversing judgment. (Sofio vs Valenzuela, GR No. 157810, February 2012)

Rule15.01

A lawyer, in
conferring with
a prospective - 0 0
client, shall
ascertain as
soon as
practicable
whether the
matter would
involve a
conflict with
another client
or his own
interest, and if
so, shall
forthwith
inform the
prospective
client.

Rule 15.02

A lawyer shall
be bound by the
rule on privilege
communication - 0 0
in respect of
matters
disclosed to him
by a prospective
client.

Rule 15.03 In 1998, Acaramba, a Bianca & Sophia Law Office may only represent Temavous in the acquisition of
246-
14 1 telecommunications company, Super- 6 since the other transaction involving a previous client of many years
250
A lawyer shall signed a retainer agreement with may compromise the interest of both parties. Clients confidence once reposed
not represent Bianca & Sophia Law Office for the cannot be divested by the expiration of the professional employment. An
conflicting latters legal services for a fee of attorney is forbidden to do either of two things after severing his relationship
interests except P2,000 a month. From 1991-2001, with a former client. He may not do anything which will affect his former client
by written the only services actually performed nor me he use against his former client information acquired through their
consent of all by B&S for Acaramba was the previous transaction as attorney and client.
concerned given review of lease of agreement and
after a full representation of Arcamba as
disclosure of the complainant in a bouncing checks
facts. case. Acaramba stopped paying
retainer fee in 2002 and terminated
its retainer agreement with B&S in
2005. In 2007, Temavous another
telecommunications company
requested B&S to act as its counsel
in the following transactions: (a)
acquisition of Arcamba; (b) the
acquisition of Super 6, a company
engaged in the power business. In
which transaction, if any, can Bianca
and Sophia Law Office represent
Temavous? (2008 Bar Exams)

Atty. Marie consulted Atty.
Hernandez whether she can
successfully prosecute her case for
246-
Rule 15.03 14 2 declaration of nullity of marriage
250
she intends to file against her
husband. Atty. Hernandez advised
her in writing that the case will not
prosper for the reasons stated
No. In this case, there is already an attorney-client relationship between Atty.
Marie and Atty. Hernandez in the course of consultation requirement. Atty.
Hernandez is forbidden from representing a subsequent client against a former
client because the subject matter of the present case is related directly to the
subject matter of the consultation happened between Atty. Marie and Atty.
Hernandez. More so, it is the duty of a lawyer even though it is only a privilege
communication to protect the interest of its client the privilege continues to
exist even after the termination of the attorney-client relationship unless
 therein. Atty. Marie, however waived by the client himself.
decided to file the case and engaged
the services of another lawyer, Atty.
Pe. Her husband, Noel, having
learned the opinion of Atty.
Hernandez, hired him as a lawyer.

Is Atty. Hernandezs acquiescence to

be Noels counsel ethical?

The rationale of the rule is that the clients confidence once reposed cannot be
divested by the expiration of the professional employment. An attorney owes
The existence of an attorney-client
loyalty to his client in the case in which he has represented him. Termination of
relationship precludes the lawyer
relation provides no justification for a lawyer to represent an interest adverse
from accepting professional
to or in conflict with that of the former client.
employment from the clients
Editors Note:
adversary, either in the same case
Editors Note: The relation of attorney and client is founded on principles of
246- or in a different but related action,
Rule 15.03 14 3 Hilado vs. David, 85 Phil 569 public police, on good taste. The question is not necessarily one of the rights of
250 and the prohibition lies irrespective
the parties, but as to whether the attorney has adhered to proper professional
of whether or not a lawyer acquired
Funa, No. 6, p. 242 standard. With these thoughts in mind, it behooves attorneys, like Ceasars
professional information from his
wife, not only to keep violate the clients confidence, but also to avoid the
client. Discuss the foundation of and
appearance of treachery and double dealing. Only thus can litigants be
the philosophy behind the aforesaid
encouraged to entrust their secrets to their attorneys which is of paramount
rule.
importance in the administration of justice (Hilado vs. David, 85 Phil 569).

Lawyer A rendered professional NO. As long as A has the authority of client B to appear in the said case. A
246-
Rule 15.03 14 4 services for B in a case until final lawyer has authority to bind the client in all matters of ordinary judicial
250
judgment . Later on B prosecuted procedure and substantive matters only with the clients express or implied
other cases against different consent. Furthermore even A is no longer part of the defendants of B in
 persons. In the new cases, B did
not retain A who was not even
consulted. The defendants and
subject matter of the case are
different from the case previously
handled by A. The defendant in
one of the new cases of B
retained A who filed his
appearance in the said case. Did A
violate legal ethics by appearing for
one of the defendants in the new
cases of B?
246-
Rule 15.03 14 5 X, practicing lawyer, was
250
approached by Y for legal advice. He
other cases it is the duty of A to safeguard his clients interest commences
from his retainer until his effective release. During that period, he is expected
to take such reasonable steps and such ordinary care as his clients interest
may require.
Editors Note:
Another test of inconsistency of interests is whether the acceptance of a new
relation would prevent the discharge of the lawyers duty of undivided fidelity
and loyalty to the client or invite suspicion of unfaithfulness or double dealing
in the performance of that duty. Still another test is whether the lawyer would
be called upon in the new relation to use against a former client any
confidential information required through their connection or previous
employment. (Quiambao vs. Bamba, AC No. 6708, 25 August 2005)
It should be reminded that the Quiambao case contain a slightly different
factual setting for the lawyer represented conflicting interest when the latter
filed a case against the petitioner WHILE he was at that time representing her
in another case.
Illustration: Existence of conflict of interest
I vs. J; K vs. J
Is the present client and was a former client in a case that is unrelated (UST
Faculty of Civil Law)
Yes. According to Rule 15.03 A lawyer shall not represent conflicting interests
except with written consent of all concerned given after a full disclosure of
took down the facts if the case as
narrated by Y, who, however, did
not divulge the name of the other
party in the case, promising to do so
later. Upon her request, a written
opinion was prepared by X in her
possible cause of action, and this
opinion was sent to her together
with Xs bill for rendering the
opinion. Y did not pay the bill
without stating any reason. Shortly,
thereafter, X was asked by his uncle
(his fathers brother) to appear for
him in a court case and upon
reading the complaint, X discovered
that his uncle was the other party
in the case on which Y had earlier
consulted him.
X entered his appearance in court
for his uncle, and the counsel for Y
promptly moved to disqualify him
on the ground that, on the very
subject matter of the action, X had
been engaged as counsel for Y.
If you were the judge, would you
disqualify X from appearing for his
uncle? Discuss your answer briefly.
(1969 Bar Exams)
facts. In applying the said rules to the case at bar, it is to be considered that A
and X already have a client-lawyer relationship due to the fact that he prepared
a written opinion for the former. It is enough that the counsel of one party had
a hand in the preparation of the pleadings of the other party, claiming adverse
and conflicting interest with that of his original client (Artezuela vs Maderazo)
Editors Note: Creation of Relation: Forms of Employment as Counsel to a Client
xxx
xxx
3. Implied when there is no agreement whether oral or written but the client
allowed the lawyer to render legal services not intended to be gratuitous
without the objection, and the client is benefited by reason thereof.
Creation of Relation: Forms of Employment as Counsel to Client, Mem Aid,
p.454
The facts fall within the ambit of an implied attorney-client relationship.
Therefore, it is bound by the rule on privilege communication. It is of no
moment that Y did not pay the bill without stating any reason. The lawyer may
seek proper remedies for that. However, it would not change the fact that a
professional relationship had already been created. Also, since an attorney-
client relationship already existed between X and Y, conflict of interest would
arise if X would not inhibit himself as counsel of his uncle. But he may not be
disciplined for appearing for his uncle prior to the disqualification given the
presumption the he acted in good faith and he was totally unaware of the
realities concerning the case. Granting that Y is not yet a client, Rule 15.02, on
the other hand, may also be applicable. It states that a lawyer shall be bound

Atty. Japzon, a former partner of
XXX law firm, is representing
Editors Note: Kapuso Corporation in a civil case
against Kapamilya Corporation
246- Quiambao vs. Bamba, AC No. whose legal counsel is XXX law firm.
Rule 15.03 14 6 also a partner in law firm C, agrees to represent E who was sued by A in a
250 6708, August 2005 Atty. Japzon claims that she never
handled the case of Kapamilya
Funa, No. 8, p. 243 Corporation when she was still with
XXX law firm. Is there a conflict of
interest? Explain. (2005 Bar Exams)
by the rule on privilege communication in respect of matters disclosed to him
by a PROSPECTIVE client.
No answer was provided by the assigned individual.
Editors Note: Yes there is conflict of interest despite Atty. Japzons contention
that she never handled the case of Kapamilya Corporation when she was still
with XXX law firm because what is material in determining whether there is
conflict of interest in the representation is probability, not certainty (Quiambao
vs. Bamba, AC No. 6708, August 2005). In the case at bar, the probability of
conflict of interest is obvious.
(Funa, No. 8, p. 243)
There is conflict of interest where client A is represented by lawyer B who is
a partner in law firm C in a civil case and subsequently lawyer D, who is
different criminal case. There is conflict in interest notwithstanding that lawyer
B signed the pleadings on behalf of law firm C wile D signed the
pleadings in the criminal case in his personal capacity, without mention of their
law firm (Gonzlaes vs. Cabucana, AC No. 6836, January 2006)
As explained in Hilado vs. David, 84 Phil 569:
[W]e cannot sanction his taking up of the cause of the adversary of the
party who had sought and obtained legal advice from his firm; this, not
necessarily to present any injustice to plaintiff but to keep above
reproach the honor and integrity of the courts and of the bar. Without
condemning the respondents conduct as dishonest, corrupt, fraudulent,
we do believe that upon the admitted facts it is highly expedient. It had
 the tendency to bring the profession, of which he is distinguished
member, into public disrepute and suspicion and undermine the
integrity of justice.

The relations of partners in law firm are such that neither the firm nor any
member or associate thereof, may accept any professional employment which
any member of the firm cannot properly accept (ABA Opinion 72 and 49).

You are the counsel for the estate of

a deceased person. Your wife is a
practising Certified Public
I will not give my wife any advice regarding the matter, the conduct of
Accountant. She was asked by her
providing an advice to my wife will create a conflict of interest. The obligation
client to prepare and submit an
246- to represent the client with undivided fidelity and not to divulge his secrets or
Rule 15.03 14 7 itemized claim against the estate
250 confidence forbids also subsequent acceptance of employment from matters
you are representing. She asks for
adversely affecting any interest of the client with respect to which confidence
your advice on the legal propriety of
has been reposed.
her clients claim. What advice
would you give her? Explain. (2003
Bar Exams)

Six months ago, Atty. Z was
consulted by A about a four-door
apartment in Manila left by her
246-
Rule 15.03 14 8 deceased parents. A complained
250
that her two siblings, B and C, who
were occupying two units of the
apartment were collecting the
rentals form the other two units of
No answer was provided by the assigned individual.
Editors Note:
A. Atty. Z has the duty to decline employment for he labors under conflict of
interest pursuant to Rule 15.03 of the CPR. A prior attorney-client interest
existed between A and Atty. Z when the former consulted the latter disclosing
facts essential to the case. Such disclosure is protected by the rule on privilege
 the apartment, and refusing to give
to her any part thereof. Atty. Z
advised A to seek the intervention
of her relatives and told her that, if
this failed, he would take legal
action as A asked him to do so.
Today, September 22, 2002, B asks
Atty. Z to defend him in a suit
brought by A against him (B) and C
through another counsel.
A. Should Atty. Z accept the case
Why?
B. Should Atty. Z tell B that A
consulted him earlier about the
same case? Why?
Atty. As former client B is a situation where the opposing parties are presents clients in the same action
deceased. A new Client C purposes
to engage the legal services of Atty.
246- A against the heirs of deceased
Rule 15.03 14 9
250 Client B. Has Atty. A absolute right
to accept the engagement since
Client B is no longer his client?
Decide [2001 bar exams]
communication. The mere probability and not only the certainty of conflict of
interest is enough. This extends even after the termination of the attorney-
client relationship.
B. Yes he must tell B that A consulted him earlier. It is strongly emphasized,
though, that what he may tell B should only be limited to the mere happening
of event and should not include any information protected by the rule of
privilege communication. He must tell B of the event because this will serve as
his ground to decline the employment. Also, this may pave the way for the
exception where a written consent of all concerned will be given after a full
disclosure of the fact. All of these are pursuant to Rule 15.03
Yes. The proscription against representation of conflicting interests applies to
or in an unrelated action It is enough that the opposing parties in one case,
one of whom would lose the suit, are present clients and the nature or
conditions of the lawyers respective retainers with each of them would affect
the performance of the duty of undivided fidelity to both clients. (Quiambao
vs. Bamba, AC No. 6708, August 25, 2005)
Editors Note: It is submitted that the answer is NO. The Quiambao case is only
one of the many types of conflict of interests which are as follows:
 1. Concurrent or multiple representation generally occurs when a lawyer
represents clients whose objectives are adverse to each other, no matter how
slight or emote such adverse interest may be. This is where the Quaimbao case
falls.

2. Sequential or successive representation involves representation by a law

firm of a present client who may have an interest adverse to a prior or former
client of the firm. This is where the facts of the problem fall.

(UST Faculty of Civil Law)

Yes. Consent by both parties does not suffice. Rule 15.03 of the CPR provides
In a contentious transaction of sale
that a lawyer shall not represent conflicting interests except by written
and purchase involving real
consent of all concerned given after full disclosure of the facts. Thus, in this
property between X (seller) and Y
case, even if both parties (X and Y) have knowledge and consent that Atty. Z
(purchaser), whose interests were
acted for both of them, the latter is still considered to have committed
246- diametrically opposed to each
Rule 15.03 14 10 malpractice, in violation of Rule 15.03.
250 other, Atty. Z with the knowledge
and consent of X and Y, acted as the
Editors Note: The answer must be qualified. Rule 15.03 provides that the
attorney for both parties. Did Atty.
consent must be written. The facts of the case were silent as to the form of
Z commit malpractice? Explain.
consent. If the consent was written, then Atty. Z did not commit malpractice.
[2000 bar exams]
However, if it is not, then Atty. Z violated Rule 15.03 of the CPR.

Atty. Juan Cruz, a practicing lawyer, Atty. Cruz should have not accepted to represent Maria del Rio because the
246- was employed by Pilipinas Bank as case involves his employer-client Pilipinas Bank, thus, constitutes a conflict of
Rule 15.03 14 11
250 its bank attorney and notary public interest. Atty. Cruz clearly violated Rule 15.03 of the CPR which prohibits a
in three of its branches in Manila. lawyer from representing conflicting interests except by written consent of all
While thus employed, Maria del Rio, concerned given after full disclosure of the facts. Therefore, there is a valid
 who was unaware of Atty. Cruzs legal basis to discipline him, which is his infraction of Rule 15.03 of the CPR.
employment in the bank, engaged
Atty. Cruzs services as a lawyer in a
case that was filed by Pilipinas Bank
for collection of sum of money
involving one of its branches in
Quezon City which Atty. Cruz
accepted. The Quezon City Regional
Trial Court, after due proceeding
and hearing, rendered judgment in
favor of Pilipinas Bank and against
Maria del Rio who wanted to appeal
the adverse judgment. But upon
advice of Atty. Cruz, the adverse
judgment was not appealed.
Thereafter, Maria del Rio learned
Atty. Cruz was employed by
Pilipinas Bank as one of its
attorneys. She now consults with
you and asks you to make legal
steps against Atty. Cruz for his
apparent misconduct.

What do you think of what Atty.

Cruz did? Is there a valid and legal
basis to discipline him? [1999 bar
exams]

246-
Rule 15.03 14 12
250 Explain your understanding of The rule on conflict of interests prohibits a lawyer from representing new
 Conflict of Interest under the
Code of Professional Responsibility.
[1997 bar exams]
Mrs. F, a young matron, was
referred to you for legal advice by
your good friend in connection with
the matrons jewelry business. She
related to you the facts regarding a
sale on consignment of pieces of
jewelry to someone she did not
name or identify. Since she was
246- Creation of Relation, p. 454, referred to you by a close friend,
Rule 15.03 14 13
250 Mem Aid. you did not bill her for the
consultation. Neither did she offer
to compensate you. Six months
later, Mrs. G, the wife of general
manager of a client company of
your law firm, asked you to defend
her in a criminal case for estafa filed
by Mrs. F. Would you agree to
handle the case? [1997 bar exams]
clients whose interests oppose those of a former client (Editors Note: or a
current client) in any manner, whether or not they are parties in the same
action or in totally unrelated cases. It includes representing opposing clients in
two different cases, although these cases may be unrelated to each other. Rule
15.03 of the Canons of Professional Responsibility prohibits a lawyer from
representing conflicting interests unless there is a written consent of all
concerned given after full disclosure if the facts.
Editors Note: See Mem Aid, p. 458 for Test of Conflicting Interests
No. Rule 15.03 of the CPR is clear. The Rule provides that a lawyer shall not
represent conflicting interests except by written consent of all concerned given
after full disclosure of the facts. In this case, since I represented Mrs. F in a
previous case, I am not now allowed to represent another client in a criminal
case for estafa against Mrs. F. Such situation constitutes representing
conflicting interests which is exactly what Rule 15.03 proscribes. This Rule
applies whether or not the cases are unrelated to each other.
Editors Note: Please see No. 5. It has almost the same set of facts. However,
the slight difference in this case is that the lawyer has intended the service to
be gratuitous, the question of whether or not an attorney-client relationship
existed between the lawyer and Mrs. F arises. In all the forms of employment
as counsel to a client the matter of fee is indispensable but such is absent in the
case at bar.
It must be remembered that an attorney-client relationship is a requisite in
order to establish the application of the pertinent provisions of the CPR. It is,
therefore, submitted, that no attorney-client relationship existed between Mrs.
F and the lawyer, and, as such, no conflict of interest may arise in the technical
 sense. See. Creation of Relation, p. 454, Mem Aid.

You are the lawyer of Mr. H, the

plaintiff, in a civil case for rescission
of contract. The prospects for an
amicable settlement look bright.
Impressed by your ability, Mr. I,
No, because it constitutes conflict of interests which is prohibited by Rule 15.03
the defendant, would like very
of the CPR which provides that a lawyer shall not represent conflicting
246- much to retain you as his defense
Rule 15.03 14 14 interests except by written consent of all concerned given after full disclosure
250 counsel in a criminal case for
of the facts. The lawyers representation of opposing clients in different cases,
homicide through reckless
though unrelated, constitutes conflict of interest or, at least, invites suspicion
imprudence. Mr. I wants you to
of double-dealing (Quiambao vs. Bamba, AC No. 6708, August 25, 2005).
forthwith enter your appearance,
the arraignment already having
been scheduled. Would you accept
the offer? [1997 bar exams]

Rule 15.04

A lawyer may,
with the written
consent of all
- 0 0
concerned, act
as mediator,
conciliator or
arbitrator in
settling
disputes.
 No answer was provided by the assigned individual.
Rule 15.05
Editors Note: Canon 8, CPE provides:
A lawyer when
advising his A lawyer should endeavor to obtain full knowledge of his clients cause before
client, shall give advising thereon, and he is bound to give a candid opinion of the merits and
a candid and What steps should first be done by probable result of pending or contemplated litigation. The miscarriages to
honest opinion the attorney before he can endorse which justice is subject, by reason of surprises and disappointments in evidence
253- and witnesses, through mistakes and errors of courts, even though only
on the merits 1 1 or object to his clients intention to
253 occasional, admonish lawyers to beware of bold and confident assurances to
and probable plead guilty? State your reason.
results of the [2001 bar exams] clients, especially where the employment may depend upon such assurance.
clients case, Whenever the controversy will admit a fair judgment, the client should be
neither advised to avoid or to end the litigation.
overstating nor
understating
the prospects of
the case.

Rule 15.06

A lawyer shall
not state or
imply that he is - 0 0
able to
influence any
public official,
tribunal or
legislative body.
Rule 15.07

A lawyer shall
impress upon
his client - 0 0
compliance with
the laws and
principles of
fairness.

Rule 15.08

A lawyer who is
engaged in
another
profession or
occupation
concurrently
with the - 0 0
practice of law
shall make clear
to his client
whether he is
acting as a
lawyer or in
another
capacity.
Canon 16
Editors Note: FROM THIS POINT ONWARDS, DUE TO TIME CONSTRAINTS
BROUGHTABOUT BY SEVERAL FACTORS INCLUDING THE INABILITY OF SOME OF
A lawyer shall
US TO RENDER ANSWERS, I SHALL NO LONGER BE QUOTING THE EXACT
hold in trust all
256- Liabilities of a Lawyer, p. 473- Under what circumstances may a ANSWERS. INSTEAD, I WILL JUST BE REFERRING YOU TO THE MATERIALS FROM
moneys and 1 1
256 474, Mem Aid lawyer be civilly liable to his client? WHICH YOU MAY GET IT. MY APOLOGIES BUT OUR TOP PRIORITY IS TO FINISH
properties of his
THE WHOLE COVERAGE.
client that may
come into his
Liabilities of a Lawyer, p. 473-474, Mem Aid
possession.

A client delivered to his lawyer, the

Rule 16.01
sum of P1,000 for the payment of No. Rule 16.01 of the Code of Professional Responsibility provides that a
the formers taxes. Instead of lawyer shall account for all money or property collected or received for or from
A lawyer shall
paying said taxes as directed, the the client. Such money or property collected need not be for litigation
account for all
259- lawyer retained the amount for purposes, thus, this Rule applies even if the money received from the client is
money or 2 1
260 unpaid services rendered to the for payment to government dues or for other purposes. In this case, the client
property
client in previous case. Was it lawful entrusted the amount of P1,000 to his lawyer for payment of taxes, therefore,
collected or
for the lawyer to retain his clients the lawyer should have utilized the amount for the purposes intended by the
received for or
money? Reason out your answer. client. The lawyer may be held liable and subject to disciplinary actions.
from the client.
[1967, 1976 bar exams]

Navarro vs. Meneses III, CBD Lawyer A collected P50,000.00 for a. He may be disbarred. In the case of Navarro vs. Meneses III, CBD AC No. 313,
259- AC No. 313, January 30, 1998, his client. He turned over to his January 30, 1998, The respondent disbarred the complainant for failure to
Rule 16.01 2 2
260 client only P45,000.00, retaining account the P50,000 received from a client in consideration for an out-of court
Espiritu vs. Cabredo, AC No. P5,000.00 as agreed attorneys fees. settlement. However, in the case of Espiritu vs. Cabredo, AC No. 5831, January
5831 13, 2003, the lawyer who failed to account the money intended as payment to
 a. May he be disbarred for breach of
Dumadag vs. Lumaya, 197 trust in failing to turn over the
SCRA, 303 entire amount to his client?
Reasons.
Bengco vs. Bernardo, AC No.
6368, June 13, 2012 b. Supposed he was acquitted of
estafa filed against him therefor,
can disbarment proceedings
thereafter be validly instituted
against him without placing him in
double jeopardy? Reasons. [1971
bar exams]
Upon his lawyers advice to
amicably settle a case against him,
Rule 16.02
the defendant gave P1,000 in cash
to his lawyer for delivery to the
A lawyer shall
plaintiff. Finding the plaintiff to be
keep the funds
out of the country at the time, the
of each client 260-
1 1 lawyer deposited the P1,000 in his
separate and 261
own account in the bank to await
apart from his
the plaintiffs return. However,
own and those
upon his return, the plaintiff had
of others kept
changed his mind about amicably
by him.
settling the case and did not accept
the P1,000 from the defendants
lawyer.
the plaintiff in a civil case was only suspended for one year. In the case of
Dumadag vs. Lumaya, 197 SCRA, 303, the respondent was suspended
indefinitely for not remitting to his client the amount he had received pursuant
to an execution.
b. No. Acquittal in the criminal case for estafa does not constitute a bar for the
subsequent disbarments of the lawyer. The Supreme Court ruled in a case: It is
likewise settled that disbarment proceeding is separate and distinct from a
criminal action filed against a lawyer despite having involved the same set of
facts. Jurisprudence has it that a finding of guilt in the criminal case will not
necessarily result in a finding of liability in the administrative case. Conversely,
the respondents acquittal does not necessarily exculpate him
administratively. (Bengco vs. Bernardo, AC No. 6368, June 13, 2012)
a. Yes. The lawyer clearly violated Rule 16.03 of the CPR which provides that 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. x x x."
Editors Note: In addition the lawyer also violated Rule 16.02 by not keeping the
funds separate and apart from his own funds.
b. Yes. The Supreme Court ruled in a case that a counsel has no right to retain
or appropriate unilaterally as lawyers lien (Cabigao vs. Rodrigo, 57 Phil. 20) any
amount belonging to the client which may come to his possession. Rule 16.03
clearly states that the lawyer shall give notice promptly to his client regarding
the retention of the amount as applied to his fees. However, in this case, the
lawyer notified the client regarding the application of the amount to his lawful
fees only when he (the lawyer) was demanded by the client to return the
 The defendant upon learning this, amount to him. Thus, the lawyer committed malpractice which may subject
asked his lawyer to return him the him to disciplinary action.
P1,000, which the latter could no
longer do because in the meantime Editors Note: See Remedy of Client, p. 474, Mem Aid
he had already appropriated the
money on his own use. However,
since he was then handling some
other legal matter for the
defendants on which he had not yet
billed him, the lawyer promptly sent
him a bill for P1,500 for services
rendered in this other matter and
stated therein that he had already
set-off the P1,000 entrusted to him
in the first case, thereby leaving
P500 balance until payable him.

a. Under the foregoing

circumstances, has there been any
violation of the rules and canons of
professional ethics?

b. Is there any action or proceedings

that can legally be instituted against
the lawyer in such a case?

Rule 16.03
- 0 0
A lawyer shall
deliver the
funds and
property of his
client when due
or upon
demand.
However, he
shall have a lien
over the funds
and may apply
so much thereof
as may be
necessary to
satisfy his
lawful fees and
disbursements,
giving notice
promptly
thereafter to his
client. He shall
also have a lien
to the same
extent on all
judgments and
executions he
has secured for
his client as
provided for in
the Rules of
Court.
Rule 16.04

A lawyer shall
not borrow
money from his
client unless the
clients interests
are fully
protected by
the nature of
the case or by
independent
advice. Neither - 0 0
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.
 Provincial prosecutor Bonfacio
No, a lawyer is not obliged to act as counsel for every person who may wish to
Canon 17 refused to represent the become his client. He has the right to decline employment.
municipality of San Vicente in a case
A lawyer owes for collection of taxes. He explained
fidelity to the that he cannot handle the case with
282- Editors Note: Yes. Atty. Bonifacio is a provincial prosecutor and not merely a
cause of his 8 1 sincerity and industry because he
284 private practitioner. Upon accepting the said position in the government which
client and he does not believe in the position
shall be mindful taken by the municipality. he now occupies, he owes fidelity to his clients, the PEOPLEt. His refusal is in
of the trust and violation of Canon 17 and Rule 14.01 for which he could be sanctioned
confidence Can Prosecutor Bonfiacio be administratively.
reposed in him sanctioned administratively?

As Counsel for the estate of a
deceased person, B initiated
proceedings for the sale at public
auction of certain properties
belonging to the estate. One
residential lot was purchased by his
282-
Canon 17 8 2 wife, another lot by his son, and the
284 remainder by his sister.
What statutory provision or canon
of legal ethics finds application in
this case? Explain. (1970 bar exams)
The statutory provision that finds application in the case was Article 1491(5) of
the Civil code which states that :
The following persons cannot acquire by purchase, even at a public or
judicial auction, either in person or through the mediation of another:
xxx
(5) Justices, judges, prosecuting attorneys, clerks of superior and
inferior courts, and other officers and employees connected with the
administration of justice, the property and rights in litigation or levied
upon an execution before the court within whose jurisdiction or
territory they exercise their respective functions; this prohibition
includes the act of acquiring by assignment and shall apply to 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;

Also Canon 10 of the Canons of professional ethics which states that;

the lawyer should not purchase any interest in the subject matter of
the litigation which he is conducting

As long as the property was not acquired by the lawyer through assignment, I
think the acquisition of the property by his wife, by his son and his sister is
valid.

Section 20. Duties of attorneys it is the duty of an attorney :

XXXXX

Discuss briefly the duty of a lawyer (e) to maintain inviolate the confidence, and at every peril to himself, to
282- preserve the secrets of his client, and to accept no compensation in connection
Canon 17 8 3 in the defense of a client accused of
284 with his clients business except from him or with his knowledge and approval.
a crime.
Editors Note: General Rules Protecting Attorney-Client Relationships, p.454,
Mem Aid

You are the lawyer of the guardian
of a minor in a guardianship
282- proceeding. You are able to secure
Canon 17 8 4
284 an order from the court authorizing
the guardian to sell the wards
property in order to use the
proceeds for the support of the
Yes, because according to paragraph 5 of Article 1491 of the Civil Code states
that;
The following persons cannot acquire by purchase, even at a public or
judicial auction, either in person or through the mediation of another:
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior
courts, and other officers and employees connected with the
 minor ward. The guardian
canvassed for the best price offered
for the property. You offered a
higher price than the highest offer
and there the said property was
sold to you. May disbarment
proceedings be successfully
prosecuted against you? Why?
Attorney G filed an ejectment
complain against defendant for
failure to pay the plaintiff six
months rent. K filed an answer as
lawyer for defendants. The day
before pre trial, K met G and stated
282- that his clients could pay and he
Canon 17 8 5
284 would convince them to pay but
that they are simply such a couple
of tight wads and bad debtors that
it is even difficult for him to collect
his attorneys fees for other cases
he handles for them. K then
proposed that he would convince
his clients to pay the arrears in rents
administration of justice, the property and rights in litigation or levied
upon an execution before the court within whose jurisdiction or
territory they exercise their respective functions; this prohibition
includes the act of acquiring by assignment and shall apply to 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;
Also Canon 10 of Canons of Professional ethics provides :
the lawyer should not purchase any interest in the subject matter of
the litigation which he is conducting
However, such prohibition is only applicable during the pendency of the
litigation involving the clients property.
Yes, such agreement of both counsel is in violation of the duty of an attorney
to maintain inviolate confidence and at every peril to himself to preserve the
secrets of his client. According to canon 17 A lawyer owes fidelity to the cause
of his client and shall be mindful of the trust and confidence posed in him in
which in such act he took advantage the confidence vested in him so that he
could enrich himself by having a share of 1000 pesos.
 and to leave the premises, provided
he shares in the benefits of the
collection to the amount of 1,000,
otherwise he would just delay the
disposition of the case. It doesnt
really matter to K whether the
money comes from the plaintiff or
from the attorneys fees of G. if G
accepts the proposition he would
immediately collect for his client
and thereby render quick service. Is
the arrangement ethical for both
lawyers?

A sold to atty. X a portion of his big

parcel of Land. Before said portion
could be segregated, B filed a
complaint against a to recover title
and possession of the Big parcel of
land, including the portion sold to No, because the selling of the portion of the parcel of land was done prior the
282- atty X. the latter appeared in the litigation of the said property. The prohibition only applies if the sale or
Canon 17 8 6
284 proccedings for A who ultimately assignment of the property takes place during the pendency of the litigation
prevailed in the case. Thereafter, involving the clients property.
the portion sold to atty X was
segregated and the corresponding
certificate of title was issued in his
name. Subsequenty, B filed a
complaint for disbarment against
atty x. on the ground that he
 violated article 1491 (5) of Civil code
and canon 10 of the canons of
Professional ethics which prohibit
the acquisition by counsel of any
interest in property subject of
litigation; May the complaint
Against X prosper? Reason?

No, once he accepts the case or the employment, he owes fidelity to such
282- May an attorney refuse to handle a
Canon 17 8 7 cause and must always be mindful of the trust and confidence reposed to him.
284 losing case? Support your answer?
It is in relation with Canon 17.

Nene Approached Atty. Nilo and

asked him if it was alright to buy a
piece of land which Maneng was
selling. What was shown by Maneng Yes, in accordance with canon 1 7 a Lawyer owes fidelity to the cause of his
to Nene was an original certificate client and shall be mindful of the trust and confidence reposed in him. The act
of title with many annotation and of Atty Nilo constitutes dishonesty in which he took advantage of the
282- old patches, to which Nene confidence reposed by Nene towards him. He violated such trust in exchange of
Canon 17 8 8 expressed suspicion However Atty
284 High notarial fee. The Canon 17 decrees the fiduciary relationship between the
Nilo desirous of pushing through lawyer and his client. The fiduciary duty of a counsel and advocate is also what
with the transaction because of the makes the law profession a unique position of trust and confidence which
high notarial fee promised to him, distinguishes it from any calling. With such fraud and dishonesty made by Atty
told Nene that the title was alright Nilo, it is but only proper to discipline him in violation of this canon
and that she should not worry since
he is an attorney and that he knew
Maneng well. He notarized the deed
of sale and Nene paid Maneng
 108,000. It turned out that Maneng
had previously sold the same
property to another person.

For injustice done to Nene, May

Atty Nilo be disciplined?

292-
Canon 18 9 1
295
292-
Canon 18 9 2
295
292-
Canon 18 9 3
295

a.) Atty. Jose Abreu appeared as

defense counsel de parte for
Octavio Sison in a criminal case in
the Court of First Instance (now
Regional Trial Court). The trial judge
292- found Sison guilty, whereupon
Canon 18 9 4 Abreu filed the necessary notice of
295
appeal to the Court of Appeals.
Abreu did not file with the appellate
court a formal petition withdrawing
his appearance. The appeal was
dismissed because Abreu failed to
file the brief. Required to account
for the dismissal of the appeal.
a. According to Sec. 22 of Rule 138 of the Rules of Court: An attorney who
appears de parte in a case before a lower court shall be presumed to continue
representing his client on appeal, unless he files a formal petition withdrawing
his appearance in the appellate court. Since Atty. Abreu did not file with the
appellate court a formal petition withdrawing his appearance, he is still
presumed the Attorney of Octavio Sison. Thus, he is liable for his failure to file
a brief at the appellate court.
Yes. Canon 18 states that: A lawyer shall serve his client with competence and
diligence. Thus, a lawyer is liable for his negligence in handling the case of his
client. The penalties imposed vary according to the degree of negligence, the
reason therefore, and the damage sustained by the client.
 Abreu claimed that his professional
services were retained, and paid for,
only for the trial of the case on the
Court of First Instance (now
Regional Trial Court). Is the reason
given acceptable? Explain briefly.

b.) Is a lawyer liable for damages

suffered by his client who lost a
case because of his (the lawyer's)
negligence and want of care in
handling the case? Explain briefly.

Section 21 of Rule 138 of the Rules of Court states that: An attorney is

presumed to be properly authorized to represent any cause in which he
appears, and no written power of attorney is required to authorize him to
appear in court for his client, but the presiding judge may, on motion of either
Discuss the extent of the authority
party and on reasonable grounds therefor being shown, require any attorney
of the authority of an attorney to
292- who assumes the right to appear in a case to produce or prove the authority
Canon 18 9 5 appear for and bind a party, both in
295 under which he appears, and to disclose, whenever pertinent to any issue, the
the trial and in the appellate court.
name of the person who employed him, and may thereupon make such order
as justice requires. An attorneys willfully appear in court for a person without
being employed, unless by leave of the court, may be punished for contempt as
an officer of the court who has misbehaved in his official transactions.

292- Attorney X is liable for violating Canon 18 and Rule 18.04 of the Code of
Canon 18 9 6
295 A, as plaintiff in a land-grabbing Professional responsibility. The Code provides that a lawyer shall serve his
 case, was represented by Attorney
X. The case was set for hearing
three (3) scheduled hearings,
Attorney X failed to appear despite
previous notices to him. As a result,
the case was dismissed. Attorney X
had already received partial
payment of his fees prior to the
dismissal of the case. May Attorney
X be disbarred and on what ground
or grounds? Discuss.
client with competence and diligence. The Code states that a lawyer shall keep
the client informed of the status of his case and shall respond within a
reasonable time to the clients request for information, respectively. However,
the penalty of disbarment is too severe a penalty to be imposed on Attorney X.
Accordingly, in most cases the, the more appropriate penalty is to suspend the
lawyer from the practice of law and return the payment to his client with
interest (Ferrer v. Tebelin, A.C. No. 6590; Small v. Banares, A.C. no. 7021)

After reading the decision against

his client Jose Kapuspalad, Atty.
Calmante was convinced that it had
a reasonable basis and that he Atty. Calmante is guilty of violating Canon 18 and Rule 18.04 of the Code of
would have difficulty obtaining a Professional responsibility. The Code provides that a lawyer shall serve his
292- reversal. For this reason, Atty. client with competence and diligence. The Code states that a lawyer shall keep
Canon 18 9 7 the client informed of the status of his case and shall respond within a
295 Calmante did not appeal. When Jose
learned about the judgement reasonable time to the clients request for information, respectively.
against him, he blamed Atty.
Calmante for not taking a timely
appeal and filed an administrative
complaint for negligence against the
latter. Decide the case.

292-
Canon 18 9 8
295 State the exception to the rule that The general rule is that the negligence of the counsel binds the client. The
 the negligence of counsel binds the exception is where such negligence amounts to a deprivation of due process for
client. the client or results to serious injustice.

Atty. X was de parte counsel for Y at

the trial of a case for estafa against
Y in the Regional Trial Court where,
after trial, he was found guilty and
sentenced to suffer the penalty that
was imposed. The convicted
accused appealed to the Court of
Appeals. The Clerk of the Court of
Appeals then sent notice to Atty. X
that the record of the case had No. Section 22 of Rule 138 of the Rules of Court provides that: An attorney
already been forwarded to and who appears de parte in a case before a lower court shall be presumed to
continue representing his client on appeal, unless he files a formal petition
292- received in the appellate court for
Canon 18 9 9 counsel to prepare and file the brief withdrawing his appearance in the appellate court. Since Atty. Abreu did not
295
for the appellant. Because of Atty. file with the appellate court a formal petition withdrawing his appearance, he
X's failure to file the brief for the is still presumed the Attorney of Octavio Sison.Thus, he is liable for his failure
accused, the latter's appeal was to file a brief at the appellate court.
dismissed. Complaint for
disbarment was filed by Y against
Atty. X for neglect of duty. Atty. X's
defense is that he ceased to be
counsel for Y after the adverse
decision was rendered by the trial
court.

Is Atty. X's contention tenable?

 What should a lawyer, generally Rule 18. 03 of the Code of Professional Responsibility provides that: A lawyer
obligated by law to accept a shall not undertake a legal service which he knows or should know that he is
296-
Rule 18.01 1 1 retainer, do if he knows or should not qualified to render. However, he may render such service if, with the
296
know that he is not qualified to consent of his client, he can obtain as collaborating counsel a lawyer who is
render the legal service required? competent on the matter.
Explain.

Rule 18.02 - 0 0

Attorney M accepted a civil case for

the recovery of title and possession
of land in behalf of N. Subsequently,
after the Regional Trial Court had Yes. Rule 18.03 of the Code of Professional Responsibility states that: A lawyer
issued a decision adverse to N, the shall not neglect a legal matter entrusted to him, and his negligence in
latter filed an administrative case connection therewith shall render him liable. A member of the legal profession
against Attorney M for disbarment. owes his client entire devotion to his genuine interest, warm zeal in the
299- He alleged that Attorney M caused maintenance and defense of his rights and exertion of his utmost learning and
Rule 18.03 2 1 the adverse ruling against him; that ability. A lawyer cannot entrust entirely with others the duty expected of him.
300
Attorney M did not file an Therefore, Attorney M's contention that the voluminous record turned over
opposition to the Demurrer to were in disarray and he delegated his task to N's friends constitutes negligence
Evidence filed in the case, neither on Attorney M's part.
did he appear at the formal hearing
on the demurrer, leading the trial
court to assume that plaintiff's
counsel (Attorney M) appeared
convinced of the validity demurrer
filed; that Attorney M did not even
file a motion for reconsideration,
causing the order to become final
and executory; and that even prior
to the above events and in view of
Attorney M's apparent loss of
interest in the case, he verbally
requested Attorney M to withdraw,
but Attorney M refused.
Complainant N further alleged that
Attorney M abused his client's trust
and confidence and violated his
oath of office in failing to defend his
client's cause to the very end.

Attorney M replied that N did not

give him his full cooperation; that
the voluminous records turned over
to him were in disarray, and that
appeared for N, he had only half of
the information and background of
the case; that he was assured by N's
friends that they had approach the
judge; that they requested him (M)
to prepare a motion for
reconsideration which he did and
gave to them; however these
friends did not return the copy of
the motion.

Will the administrative case

 prosper? Give reasons for your
answer.

Is the fact alone that a lawyer failed Failure to file an Appellants Brief due to negligence on part of the lawyer
to appeal from a judgement, which makes him guilty of violating the Code. The penalties imposed vary according
299- became final through his fault, to the degree of negligence, the reason therefore, and the damage sustained
Rule 18.03 2 2
300 sufficient ground for a losing party by the client.
to recover damages from the
lawyer?

Canon 19 of the Code of Professional Responsibility provides that: a lawyer

How far may a lawyer go in
shall represent his client with zeal within the bounds of the law. While a lawyer
305- supporting a client's cause? Does he
Canon 19 4 1 is expected to defend his client's cause with zeal, he must not do so in
306 have the right to control all aspects
disregard of the truth and in defiance of the clear purpose of the law. The
of the case? Explain.
lawyer must not be so eager to do the client's every bidding.

Under Canon 19 of the Code of

While a lawyer is expected to defend his client's cause with zeal, he must not
Professional Responsibility, a
do so in disregard of the truth and in defiance of the clear purpose of the law.
lawyer shall represent his client The responsibility to protect and advance the interests of his client does not
305-
Canon 19 4 2 with zeal within the bounds of the warrant a course of action propelled by ill motives and malicious intentions
306
law. How far, in general terms,
against the other party (Choa v. Chiongson, 329 Phil. 270; August 9,1996).
may a lawyer go in advocating,
supporting and defending the cause
of his client in criminal case filed
 against the latter.
A mayor charged with Homicide
engaged your services as his lawyer.
Since there is only one witness to
the incident, the mayor disclosed to
you his plan to kill the lone witness
through a contrived vehicular
accident.
a. What are the moral and
legal obligations to the
305- mayor, and to the
Canon 19 4 3 authorities?
306
b. Should the killing push
through and you are certain
that the mayor is the one
responsible, are you under
obligation to disclose to the
authorities what was
confided to you? Is this not
a privileged communication
between client and
attorney?
305-
Canon 19 4 4 Under the Code of Professional
306
Responsibility, lawyer owes fidelity
a. The moral obligations of a lawyer to his client is the fair and honest service
that he can render, in the present case, the lawyer knows the plan to kill the
lone witness must act in accordance with the proper administration of justice
and not solely for the sake of his client the mayor. The lawyer is duty bound to
uphold and defend the rights of his client, the mayor, within the bounds of the
law. The legal obligation that he needs to uphold is primarily his duty in the
administration of justice, although the lawyer owes fidelity to the cause of his
client, he must also, with greater importance, assist in the proper
administration of justice.
b. The principle of privilege communication is laid down to safeguard the client
from any arbitrary use of the information obtained from the client in the
course of his employment of the lawyers services. In the present case, the
lawyer-client relationship is already secondary since a lawyer has taken an oath
upon his admission to the Bar that he will not willingly or willingly promote or
sue any groundless, false or unlawful suit and that his clients cause is
subordinate to the administration of justice. The complaint that the lawyer will
file against the mayor, and the information that he will divulge to the
authorities does not in any way warrant a course of action against him because
his actions are propelled by good motives and intentions and his zealousness in
upholding the proper administration of justice.
The lawyer is expected to defend his clients cause with zeal, but he must do so
within the bounds of the law, and that the services that he renders should be
fair and honest services, and fueled by lawful objectives.
 to the cause of his client and shall
represent his client with zeal in the
maintenance and defense of his
rights. How far, in general terms,
may a lawyer go in advocating,
supporting and defending his
clients rights and interests?

Rule 19.01 - 0 0
Atty. A discovered his clients fraud The lawyer should give an honest opinion about the possible consequences of
against the adverse party. What such actions with the client, and should take positive steps by suggesting to the
309- steps should he take so that his client the advantages of legally abiding with the procedures of the law and that
Rule 19.02 1 1 client will secure only that which is such acts may lead to undesirable consequences.
309
legally and justly due him?

311-
Rule 19.03 0 0
311

a. Depending on the factors governing the agreement, the agreement

The contract of attorneys fees
may be valid. There are several factors governing the determination of
entered into by Atty. Quintos and
the legal services of an attorney. In the present case, the risk for both
322- his client, Susan, stipulates that if a
Canon 20 9 1 parties are clearly visible since if their cause loses the legal counsel will
324 judgment is rendered in her favor,
bear all the expenses regarding the litigation, and also such stipulation
he gets 60% of the property
were agreed upon by the client.
recovered as contingent fee. In turn,
b. Depending on the agreement of the counsel and his client, such an
he will assume payment of all
agreement may be valid so long as the amount that was agreed upon
 expenses of the litigation.
a. Is the agreement valid?
b. May Atty. Quintos and
Susan increase the amount
of the contingent fee to
80%?
conforms with the guidelines for the determination of the legal fees
that is provided in the Code of Professional Responsibility. It is stated in
Article 2208 of the Civil Code that in all cases, the attorneys fees and
expenses of litigation must be reasonable. Riding on this provision is
the principle of quantum meruit which is a judicial doctrine that allows
a party to recover losses in the absence of an agreement or binding
contract, but such an agreement is bound by the reasonableness of
such demand, or in other words, the person should get as much as he
deserves, no more, no less.

a. The time spent and the extent of the services rendered or required

b. The novelty and difficulty of the questions involved

What are the criteria in determining c. Importance of the subject matter

the reasonable amount that may be d. The skill demanded
322- awarded as attorneys fees? Give at
Canon 20 9 2
324 least seven factors. 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 services

Is a champertous contract valid in

322- this jurisdiction? Why? No. Such contract is prohibited in this jurisdiction because it violates the
Canon 20 9 3
324 fiduciary relationship between the lawyer and his client. Champertous contract
is an agreement between a third person and a party litigant or a lawyer and his
 client wherein the third person with respect to the party litigant or the lawyer
with respect to his client, supports the party litigants or the clients litigation in
exchange for a share of the proceeds emanating from the litigation. Such a
setup would mean that the investors, the third party, makes money in
circumstances involving people who do not have any, making such litigation
financing seem just like another example of predatory lending.

When is a written contract for When the client is ignorant and uneducated, the written agreement may not be
professional services between a persuasive and the valuation of legal services should be made on the basis of
322- lawyer and a client not binding on quantum meruit. When there is a mistake or imperfections on the writing, or its
Canon 20 9 4
324 the client? Explain briefly. failure to express the true intent and agreement of the parties, or when there is
an intrinsic ambiguity in the writing itself.

A contingent fee contract is a contract generally an agreement of payment to

an attorney for legal services that depends, or is contingent, upon there being
some recovery or award in the case. The payment is then a percentage of the
Distinguish a contingent fee amount recovered. While champertous contract is a contract that is borne
322-
Canon 20 9 5 contract from a champertous outside the attorney-client relationship, wherein a third party would finance
324
contract. the litigation and if the case is decided on the favor of the party that he
supports, payments would be made from the awards that the party litigant is
given.

May a lawyer undertake to finance Yes. A lawyer may accept property in payment, however, a fee paid in property
322- the case of his client in Court in instead of money may be subject to special scrutiny because it involves
Canon 20 9 6
324 consideration of a portion of the questions concerning both the value of the services and the lawyers special
property litigated as his knowledge of the value of the property.
compensation? Why?
 A lawyer and his client entered into
a written agreement whereby the
client bound himself to pay his
lawyer, for services rendered, one-
half of the property in litigation
should the client win his case up to Yes. The Contract is valid because the prohibition that is intended by Article
the Supreme Court. The lawyer won 1491 of the Civil Code is the sale or assignment of the property that takes place
the case but the client refused to during the pendency of the litigation involving the clients property. If the
comply with his obligation. property is acquired after the termination of the case, no violation on the same
article is made.
Is the contract for a contingent fee
322- valid considering the provisions of
Canon 20 9 7
324 article 1491 of the Civil Code, which The charging lien is the right which the attorney has upon all judgments for the
prohibits the sale or assignment payment of money, and executions issued in pursuance of said judgments,
between the lawyer and his client of which he has secured in litigation of his client (Section 33, Rule 127, Rules of
the property which is the subject of Court). The only action that a lawyer can do is to make a record of his claim in
litigation? order that it may be considered in the execution of the judgment that may be
rendered (De Caina vs Victoriano, G.R. No. L-12905)
How should the lawyer register in
his interest on the Torrens Title of
the land involved as an attorneys
charging lien under the rules of
court, or as an adverse claim under
the Land Registration Act?

322- A client refuses to pay Atty. A his A lawyer has a right to be paid for the legal services he has extended to his
Canon 20 9 8
324 contracted attorneys fees on the client , which compensation must be reasonable. A lawyer is entitled to receive
ground that counsel did not wish to what he merits for his services and the amount is determined on a quantum
 intervene in the process of effecting
a fair settlement of the case.
Decide.
Atty. As services as a lawyer were
engaged by B to recover from C
certain construction materials and
equipment. Because B did not have
the means of defray the expenses of
litigation he proposed to Atty. A
322- that he (A) shoulders all expenses of
Canon 20 9 9
324 the litigation and he (B) would pay
him (A) a portion of the
construction materials and
equipment to be recovered as
compensation for his professional
services. May Atty. A correctly agree
to such arrangement?
X is the lawyer of Abakada Inc. On
January 16, 1972, the corporation
endorsed a collection case to X for
326-
Rule 20.01 3 1 P20000.00 with the understanding
327
that X is to receive 20% of the
amount collected as attorneys fees.
The case is very simple and the
documentary evidence was
meruit basis, wherein the courts shall fix the a reasonable compensation which
the lawyers may receive for their professional services. (Rilloraza vs Eastern
Telecommunication Phils, GR No 104600)
No. Canon 42 of the Canons of Professional Ethics, which provides for the
extent to which a lawyer may shoulder expenses of litigation, states that, a
lawyer may not properly agree with a client that the lawyer shall pay or beat
the expense or litigation; he may in good faith advance expenses as a matter of
convenience, but subject to reimbursement. In the case at bar, B proposed to
Atty. A to shoulder the litigation expenses and that he would pay him a portion
of the construction materials and equipment to be recovered. Although there is
a proposal that B would pay A a portion of the construction materials and
equipment for his professional fees, such reimbursement is dependent on the
judgment of the case. There is uncertainty as to reimbursement. Therefore, A
may not correctly agree to such agreement.
No, X is not entitled to collect his attorneys fees. The agreement between X
and Abakada Inc is a contingency agreement, and such mode of billing is
allowed. However, in the case at bar, X did not do anything for the case after
the other party had filed their answer. The collection of P20000.00 was due to
a compromise agreement between Abakada Inc and the defendant, and not
because of Xs services to the said collection case. In fact, X did not render his
services at all. Therefore, X is not entitled to collect attorneys fees.
complete.

X filed the complaint on

January 31st and the defendant
filed his answer on February 5th.
On July 5th, Abakada Inc
discovered that nothing had
been done and requested its
lawyer X to expedite the case
by at least filing a motion for
pre-trial. X promised to do so.
On July 15, Abakada Inc upon
request of status report from X,
learned that still nothing had
been done by X.
On October 1st, the defendant went
to the offices of Abakada Inc and
offered to compromise his case by
paying P5000.00 in cash, the
balance of P15000.00 to be paid on
or before October 15th. Abakada Inc
accepted the offer believing that
the offer was good. A compromise
agreement was then signed by the
parties without the knowledge of X
and the defendant finally paid the
balance of P15000.00 on October
15th. The court then dismissed the
case upon motion of plaintiff
corporation filed by its President
 and Manager, X now sought
collection of his 20% attorneys fees
but Abakada Inc refused to pay. X
brought an action for collection of
his fees against Abakada Inc. Is X
entitled to collect? Decide the case
with reasons.

Rule 20.01 of the Code of Professional Responsibility provides the guidelines in

determining lawyers fees. The said rule provides the following factors in
determining lawyers fees:
a. The time spent and the extent of the services rendered or required;
b. The novelty and difficulty of the questions involved;
c. The importance of the subject matter;
State some guidelines in d. The skill demanded;
determining the reasonable e. The probability of losing other employment as a result of
326-
Rule 20.01 3 2 compensation that an attorney may acceptance of the proffered case;
327
receive for professional services f. The customary charges for similar services and the schedule of fees
rendered by him for his client. of the IBP chapter to which he belongs;
g. The amount involved in the controversy and the benefits resulting
to the client from the services;
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.

326-
Rule 20.01 3 3 An action for Forcible Entry filed No. Defendants contentions that attorneys fees may be given as moral
327
before the Municipal Court was damages which was specifically claimed in his counterclaim cannot be
dismissed by it. The Court of First
Instance (now Regional Trial Court),
on appeal, also dismissed the
complaint on the ground that the
issue involved is purely an agrarian
matter but awarded attorneys fees
of not less than P500.00 in favor
of the defendant. Plaintiff moved
for reconsideration on the ground
that attorneys fees in favor of
defendant had no basis in fact and
in law. Defendant, however, insisted
that the award was in order
pointing out that attorneys fees
may be given as moral damages
which was specifically claimed in his
counter claim; that the Complaint
was clearly unfounded; and that his
Answer included a general prayer
for relief. Would you sustain
defendants contentions?
sustained. The rule on awards of attorney's fees is found in Art. 2208 of the
New Civil Code which provides:
Article 2208. In the absence of stipulation, attorney's fees and
expenses of litigation, other than judicial costs, cannot be
recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has compelled the
plaintiff to litigate with third persons or to incur expenses to
protect his interests;
(3) In criminal cases of malicious prosecution against the-
plaintiff;
(4) In case of a clearly unfounded civil action or proceeding
against the plaintiff;
(5) Where the defendant acted in gross and evident bad faith in
refusing to satisfy the plaintiff's valid and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers,
laborers and skilled workers;
(8) In actions for indemnity under workmen's compensation
and employer's liability laws;

A Manila-based lawyer meets a
former classmate now a law
practitioner in Cebu. The former
tells the latter, I have a number of
329- corporate clients in Manila with
Rule 20.02 1 1
329 branches in Cebu. I now find it
taxing to attend to out-of-city work.
Id like to forward to you, of course
with my clients consent their Cebu
cases as these are referred to me.
You will have blanket authority to
(9) In a separate civil action to recover civil liability arising from
a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and
equitable that attorney's fees and expenses of litigation should
be recovered;
In all cases, the attorney's fees and expenses of litigation must
be reasonable.
From the very opening sentence of Art. 2208, it is clearly intended to retain the
award of attorney's fees as the exception in our law, as the general rule
remains that attorney's fees are not recoverable in the absence of a stipulation
thereto, the reason being that it is not sound policy to self a premium on the
right to litigate.
a. The Manila lawyer, who transferred the cases to the Cebu lawyer, and asked
for a 10% share of fees, may not properly ask for the said proportion of fees. A
legal work may be shared between two or more lawyers in certain
circumstances. Rule 20.02 of the CPR states that, a lawyer shall, in cases of
referral, with the consent of the client, be entitled to a division of fees in
proportion to the work performed and responsibility assumed. It means, given
that the client consented to a referral, that if the work required has been
shared between these lawyers, then the fees would have to be shared between
them proportionately. In the present case, the Manila lawyer simply forwarded
the cases to the Cebu lawyer, without any contribution of work or services to
the cases given him. It is therefore improper for the Manila lawyer to seek a
share.
 bill their Cebu branches directly for
the service. Ill be happy with a b. If the two lawyers, however, jointly enter their appearance as counsel in the
share of 10% of the billing. What do Cebu cases but the actual conduct of trial would be left to Cebu lawyer, the
you say? lawyers may divided the fee on the basis of proportion of services they render
a. Comment on the or by agreement between the two lawyers, since they assume responsibility for
propriety of the the representation by jointly appearing as counsels.
proposal.

b. What difference, if at
all, would it make if it
had been proposed,
instead, that the two
lawyers, with clients
consent, would jointly
enter their appearance
as counsel in the Cebu
cases although actual
conduct of trial would
be left to Cebu lawyer?

In securing a bond for a writ of

preliminary injunction issued in
favor of his client, Attorney X was
330- given P10000.00 by the surety
Rule 20.03 2 1
330 company as commission for the
premium on the bond. Is the
acceptance of the P10000.00 by
Attorney X proper? Explain your
answer.
Yes, Atty. X may properly accept the P10000.00. Rule 20.03 of CPR states that
a lawyer shall not, without the full knowledge and consent of the client,
accept any fee, reward, costs, commission, interest, rebate or forwarding
allowance or other compensation whatsoever related to his professional
employment from anyone other than the client. Therefore, such a payment is
allowed provided it is with the full knowledge and consent of the client.
 A real estate company, elated over
the decision in a case regarding a
dispute over a personal matter
between its top sales representative
and his neighbor, gifted Atty. O,
who represented its sales Yes, there was a breach of the Code of Professional Responsibility (CPR) by
representative in the litigation, with Atty. O when he accepted the 240-square-meter lot. Rule 20.03 of CPR states
a 240-square-meter lot in its newly that a lawyer shall not, without the full knowledge and consent of the client,
developed subdivision. The case accept any fee, reward, costs, commission, interest, rebate or forwarding
handled by Atty. O had nothing to allowance or other compensation whatsoever related to his professional
330- employment from anyone other than the client. In the case at bar, Atty. Os
Rule 20.03 2 2 do with the sales representatives
330 client is the sales representative of the real estate company which gifted Atty.
work for the real estate company.
The latters offer of the lot, which O of the lot. The gift was offered by the real estate company without the full
Atty. O accepted, was in knowledge and consent of the sales representative. Such payment is thus not
consideration of its sales allowed. Therefore, there was a violation of Rule 20.03 of the CPR.
representatives being the firms
Number One salesman. Was there a
breach of Code of Professional
Responsibility by Atty. O when he
accepted the 240-square-meter lot?

Chester asked Laarni to handle his
claim to a sizeable parcel of land in
Quezon City against a well-known
347-
Rule 20.04 23 1 property developer on a contingent
351
fee basis. Laarni asked for 15% of
the land that may be recovered or
15% of whatever monetary
settlement that may be received
a. Yes, Chesters refusal is justified. Although contingent fees are not per se
prohibited by law, its validity depends upon the reasonableness of the amount
fixed as contingent fee under the circumstances of the case. When it is shown
that the compensation is clearly excessive, the Court must and will protect the
aggrieved party. In the case at bar, the contingent fee of 15% of P1 Billion
amounting to P150 Million is clearly excessive and unconscionable, which
amounts to extortion and an unfair advantage taken of the client. Therefore,
Chester may refuse to pay Laarni P150 Million.
from the property developer as her
only fee contingent upon securing a
b. Yes, Chesters refusal is justified. Article 1491 of the Civil Code prohibits
favorable final judgment or
compromise settlement. Chester lawyers from acquiring by purchase properties and rights which are the object
signed the contingent fee of litigation in which they take part by reason of their profession. Therefore,
agreement. Chester may refuse to convey 15% of the litigated land.

a. Assume the property developer

settled the case after the case was
decided by the Regional Trial Court
in favor of Chester for P1 Billion.
Chester refused to pay Laarni P150
Million on the ground that it is
excessive. Is the refusal justified?
Explain.

b. Assume there was no settlement

and the case eventually reached the
Supreme Court which promulgated
a decision in favor of Chester. This
time Chester refused to convey to
Laarni 15% of the litigated land as
stipulated on the ground that the
agreement violates Article 1491 of
the Civil Code which prohibits
lawyers from acquiring by purchase
properties and rights which are the
object of litigation in which they
take part by reason of their
profession. Is the refusal justified?
 Explain.

Quantum meruit means as much as he deserves and it is an expression that

describes the extent of liability on a contract implied by law. Recovery of
attorneys fees on the basis of quantum meruit is authorized in the following
instances:
1) When there is no express contract for payment of attorneys fees
agreed upon between the lawyer and the client;
347- When is recovery of attorneys fees 2) When although there is a formal contract for attorneys fees, the
Rule 20.04 23 2 fees stipulated are cound unconscionable or unreasonable by the
351 based on quantum meruit allowed?
court;
3) When the contract for attorneys fees is void due to purely formal
defects of execution;
4) When the counsel, for justifiable cause, was not able to finish the
case to its conclusion;
When lawyer and client disregard the contract for attorneys fees.

Assumpsit is Latin for he undertook, or he promised. It is a form of action for

the recovery of damages for the non-performance of a parol contract or a
contract not under seal or of record. It is a remedy for work and labor done and
347- What is assumpsit and when is it services rendered but unpaid. It is therefore a form of action for breach of
Rule 20.04 23 3
351 proper? contract or the failure to live up to an agreement. Thus, where the client has no
intention to pay the legal fees to his lawyer, it is only fair that he be made to do
so on the basis of quantum meruit, but there must first be a demand to pay
made by the lawyer to his client. Assumpsit, therefore, has become a legal
action for attorneys fees. However, assumpsit, which is a common law
 concept, as a form of action is not applicable in our jurisdiction.

The following are instances when a client may validly refuse to pay his lawyer
the full amount of attorneys fees stipulated in their written contract:

Give 4 instances when a client may 1. When the stipulated fees are found unconscionable or
347- validly refuse to pay his lawyer the unreasonable by the court;
Rule 20.04 23 4 2. When the contract for attorneys fees is void due to purely formal
351 full amount of attorneys fees
stipulated in their written contract. matters or defects of execution;
3. When the counsel, for justifiable cause, was not able to finish the
case to its conclusion;
4. When lawyer and client disregard the contract for attorneys fees.

347-
Rule 20.04 23 5
351
347-
Rule 20.04 23 6
351

Retaining fee- is a preliminary fee paid to ensure and secure a lawyers future
services, to remunerate him for being deprived; by being retained, by one
347- Define: Retaining fee; contingent party, of the opportunity of rendering services to the other party and of
Rule 20.04 23 7 receiving pay from him.
351 fee.
2 Kinds of retainer fees:

a.) General fee paid to a lawyer to secure his future services as GENERAL
COUNSEL for any ordinary legal problem that may arise in the routinary

a.) What elements are
generally be considered in fixing
reasonable compensation for
services rendered on the basis of
quantum meruit?
b.) Would the guidelines you
347- have mentioned suffer any change,
Rule 20.04 23 8
351 if the lawyer were engaged by a
labor union in a case before the
NLRC involving unlawful dismissal
and reinstatement , and recovery of
backpay and overtime pay, of the
unions 500 rank-and-file members?
business of the client and referred to him for legal action. Usually a
fixed amount for a monthly period. It is independent and different
from the compensation which the lawyer should receive in payment for
his services.
b.) Special- a fee for a specific case handled or special service rendered by
the lawyer for a client.
Contingent fee- is the arrangement for the payment of attorneys fees whereby
such attorneys fees are due only if the lawyer handles a case successfully.
a. -The elements considered generally are, a.) The importance of the subject
matter in controversy, b.) The extent of the services rendered, c.) The
professional standing of the lawyer.
Note: The determination needs a full blown trial and the amount is fixed by
the court.
b. - Quantum Meruit under special laws
Art. 3 of the Labor Code
Attorneys fees- a.) In cases of unlawful withholding of wages the culpable
party may be assessed attorneys fees equivalent to 10% of the amount of
wages recovered
xxx xxx xxx
Rule 8, Sec. 2, Book 3 of the Omnibus Rules Implementing the Labor Code:
 Sec.11 Attorneys fees in any judicial or administrative proceedings for the
recovery of wages shall not exceed 10% of the amount awarded. The feesmay
be deducted from the total amount due the winning party.

However, these merely regulate the amount recoverable as attorneys fees in

the nature of damages sustained by and awarded to the prevailing party.

Rule 20.4 states that a lawyer shall avoid controversies with clients
concerning his compensation and shall resort to judicial action only to prevent
Would you consider it advisable for imposition, injustice or fraud.
347-
Rule 20.04 23 9 a lawyer to sue his client to recover A dispute with a client over fees is a matter that is entirely avoidable. The duty
351
his fees? of candor mandates that a lawyer must make clear with the client the exact
fees that he expects to collect. For the benefit of the lawyer and the client, it is
imperative that agreements over lawyers fees be reduced into writing and
signed by the parties to avoid disputes.

It is an agreement between a third person and a party litigant or a lawyer and

his client wherein the third person with respect to the party litigant or the
lawyer with respect to his client, supports the party litigants or the clients
litigation in exchange for a share of the proceeds emanating from the litigation,
347- if there are any.
Rule 20.04 23 10 What is a champertous contract?
351 Champerty is prohibited on the ground of public policy, it violates the fiduciary
relationship between the lawyer and his client.

The lawyers contingency fee is the exception to the prohibition on champerty.

 Here are 11 from Article 2208 of the Civil Code:

(1) When exemplary damages are awarded;

(2) When the defendant's act or omission has compelled the plaintiff to
litigate with third persons or to incur expenses to protect his interests;

(3) In criminal cases of malicious prosecution against the- plaintiff;

(4) In case of a clearly unfounded civil action or proceeding against the

plaintiff;

(5) Where the defendant acted in gross and evident bad faith in refusing
to satisfy the plaintiff's valid and demandable claim;
Give at least 5 instances when
347- attorneys fees when the attorneys (6) In actions for legal support;
Rule 20.04 23 11
351 fees may be recovered as an
element of damages. (7) In actions for the recovery of wages of household helpers, laborers
and skilled workers;

(8) In actions for indemnity under workmen's compensation and

employer's liability laws;

(9) In a separate civil action to recover civil liability arising from a crime;

(10) When at least double judicial costs are awarded;

(11) In any other case where the court deems it just and equitable that
attorney's fees and expenses of litigation should be recovered;

In all cases, the attorney's fees and expenses of litigation must be reasonable.

347-
Rule 20.04 23 12
351
 Explain what an attorneys lien is
and how it may be enforced.
IF the court decides that the
counsel of a party to a case may
347-
Rule 20.04 23 13 recover attorneys fees on the basis
351
of quantum meruit, what does
the order of the court mean.
A man approaches you for the
purposes of retaining you as
counsel. He informs you that he is
without sufficient funds to conduct
347-
Rule 20.04 23 14 a litigation to pay for filing fees, etc.
351
But after questioning him you find
that he has a meritorious case, that
he is oppressed by a wealthy man,
and that, if handled correctly, he
may be able to recover a large sum
It is the right of an attorney to hold or retain a clients money or property or to
encumber money payable to the client until the attorneys fees have been
properly determined and paid.
How it may be enforced - The lawyers continuing exercise of his retaining lien
presupposes that the client agrees with the amount of attorneys fees to be
charged. If the client does not agree, the lawyer must not arbitrarily apply the
funds in his possession to the payment of his fees. When the lawyer receives
the funds belonging to his client, he may collect any lien which he has over
them, provide HE GIVES PROMPT NOTICE TO HIS CLIENT.
This basically means that a.) There is no express contract for payment of
attorneys fees agreed between the lawyer and the client; b.) when although
there is a formal contract, the fees stipulated are found unconscionable or
unreasonable by the court; c.) when the contract is void due to purely formal
defects of execution; d) when the counsel, for justifiable cause, was not able to
finish the case to its conclusion; e.) when lawyer and client disregard the
contract for attorneys fees.
The best option would be to enter into a contingent agreement with the
prospective client. A contingent agreement is an arrangement for the payment
of attorneys fees whereby such attorneys fees are due only if the lawyer
handles a case successfully. This creates a situation that is beneficial to both
parties since the client is given a chance to have the wrong committed against
him redressed while the lawyer is justly compensated for his services if ever he
wins the case. Either way, both parties are provided the opportunity to
advance their interests.
 of money by way of damages. If
you decide to accept the case, what
kind of agreement will you enter
into with your client to solve the
problem of expenses and the
payment of attorneys fees?

What factors must be considered by

347- Quantum Meruit. Refer to #8 for the discussion of the factors and elements.
Rule 20.04 23 15 the court in determining attorneys
351
fees in the absence of a written
contract?

A determination of the factors require nothing less than a full-blown trial

If the written contract (for
professional services) cannot thus
347- be enforced, but the lawyer has
Rule 20.04 23 16
351 rendered professional services, who
may fix the amount of the lawyers
compensation? Explain briefly.
where private respondents can adduce evidence to establish the right to lawful
attorneysfees and for petitioner to oppose or refute the same. The TRIAL
COURT has the principal task of fixing the amount of attorneys fees.
When the contract is void due to purely formal defects of execution, the trial
courts may determine the amount of the lawyers compensation for services
rendered. There is a trial where private respondents can adduce evidence to
establish the right to lawful attorneys fees and for petitioner to oppose or
refute the same.

What is meant by compensation It means as much as he deserves. It is an expression that describes the extent
347-
Rule 20.04 23 17 based on quantum meruit? of liability on a contract implied by law. An equitable doctrine, based on the
351
concept that no one who benefits by labor and materials of another should be
unjustly enriched thereby; under those circumstances, the law implies a
 promise to pay a reasonable amount for the labor and materials furnished,
even absent a specific contract therefor.

A lawyer files court litigation against his client when his compensation is based
on quantum meruit. Recovery of attorneys fees on the basis of quantum
meruit is authorized when:

a.) There is no express contract for payment of attorneys fees agreed

upon between the lawyer and the client.

b.) When although there is a formal contract for attorneys fees, the
fees stipulated are found unconscionable for unreasonable by the
court.
Discuss the propriety of a lawyer
347-
Rule 20.04 23 18 filing court litigation against his c.) When the contract for attorneys fees is void due to purely formal
351
client over his fees. defects of execution.

d.) When the counsel, for justifiable cause, was not able to finish the
case to its conclusion.

e.) When lawyer and client disregard the contract for attorneys fees.

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. Court litigation filed by lawyers against
clients prevents an unscrupulous client from running away with the fruits of
the legal services of counsel without paying for it.

347-
Rule 20.04 23 19 Atty. X, after obtaining a favourable No. Under Section 37, Rule 138 of the Rules of Court, An attorney shall have a
351
judgment for the plaintiffs, filed a lien upon the funds, documents and papers of his client which have lawfully
 motion for the annotation of his come into his possession and may retain the same until his lawful fees and
attorneys lien at the back of disbursements have been paid, and may apply such funds to the satisfaction
plaintiffs Transfer Certificate of thereof. XXX.
Title, alleging that notwithstanding
the professional services he had The rule provides that the funds, documents and papers of his client which
rendered, plaintiffs refused and have lawfully come into his possession may be subject to attorneys lien.
failed to pay him his fees which he Assuming there is an attorney-client relationship, the attorney must have
placed at P2,000.00. The court possession of the property of his client in order to establish an attorneys lien.
granted the motion and ordered In the case at bar, the Transfer Certificate of Title is not in the possession of the
plaintiffs to surrender their Transfer lawyer. Therefore, attorneys lien may not be annotated on the Transfer
Certificate of Title so that the Certificate of Title.
annotation requested may be made.
Is the order of the court granting
the motion correct?

a. No. Contingent fees are not per se prohibited by law. Its validity depends, in
Atty. CJ handled the case for
large measure, upon the reasonableness of the amount fixed as contingent fee
plaintiff GE against defendant XY in
under the circumstances of the case. The assignment of one-half of the lot was
an action for damages. Judgment
clearly excessive and unconscionable. Awarding such to the lawyer would
was rendered for plaintiff GE. When
amount to an unfair advantage on the part of the client.
a writ of execution was issued, the
347-
Rule 20.04 23 20 sheriff levied on a 400-squared b. Yes. He violated Canon 20 which provides that a lawyer shall charge only fair
351
meter lot of defendant XY. Pursuant and unreasonable fees. Atty. CJ pursuant to their contingent fee contract asked
to their contingent fee contract, for 50% of the lot which is clearly excessive and unreasonable and creates a
plaintiff GE executed a deed of disadvantage on the part of the client.
assignment in favour of Atty. CJ of
one-half of the lot. Atty. CJ accepted
the assignment.
 A. Is the contract for contingent fee
valid? Explain.

B. Did Atty. CJ commit any violation

of the Code of Professional
Responsibility? Explain

Attorneys lien is the right of a lawyer to hold a client's property or money

until payment has been made for legal aid and advice given. Since an attorney
is entitled to payment for services performed, the attorney has a claim on a
client's property until compensation is duly made.

There are two types of Attorneys lien, charging lien and retaining lien.
347-
Rule 20.04 23 21 Define an attorneys retaining lien. a.) A charging lien is an attorney's right to a portion of the judgment that was
351
won for the client through professional services. It is a specific lien and only
covers a lawyer's claim on money obtained in a particular action.

b.) A retaining lien is more general in its scope. It extends to all of a client's
property that an attorney might come into possession of during the course of a
lawsuit. Until an attorney is compensated for services, he or she has a claim or
interest in such property.

G was appointed administratrix of Yes. Under Section 37, Rule 138 of the Rules of Court, a lawyer may lien upon
347- the estate of her deceased father. the funds, documents and papers of his client which have lawfully come into
Rule 20.04 23 22
351 She engaged the services of Atty. H his possession and may retain the same until his lawful fees and disbursements
as her personal counsel to represent have been paid. In the case at bar, the documents lawfully came into
her in court proceedings. G later possession of Atty. H and is therefore justified in retaining the same until his
 discharged the services of Atty. H. fees are paid.
Invoking his retaining lien, Atty. H
retained documents bearing on the
estate of the decedent which were
entrusted to him by G. Is Atty. Hs
retention of the documents
justified? Explain.

A lawyer files court litigation against his client when his compensation is based
on quantum meruit. Recovery of attorneys fees on the basis of quantum
meruit is authorized when:

a.) There is no express contract for payment of attorneys fees agreed

upon between the lawyer and the client.

b.) When although there is a formal contract for attorneys fees, the
Discuss the propriety of a lawyer fees stipulated are found unconscionable for unreasonable by the
347- court.
Rule 20.04 23 23 filing a suit against his client
351
concerning his fees. c.) When the contract for attorneys fees is void due to purely formal
defects of execution.

d.) When the counsel, for justifiable cause, was not able to finish the
case to its conclusion.

e.) When lawyer and client disregard the contract for attorneys fees.

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. Court litigation filed by lawyers against
 clients prevents an unscrupulous client from running away with the fruits of
the legal services of counsel without paying for it.

Canon 21 - 0 0

In need of legal services, Niko

secured an appointment to meet
eith Atty. Henry of Henry & Meyer
Law Offices. During the meeting,
Nikko divulged highly private
Yes. He violated Rule 21.01 which provides that a lawyer shall not reveal the
information to Atty. Henry, believing
confidences or secrets of his clients. The rule on lawyer-client confidentiality
that the lawyer would keep the
commences when the lawyer-client relationship is established. It is established
confidentiality of the information.
from the very moment a client asks a lawyer for legal advise, it is not essential
Subsequently, Niko was shocked
360- that the client employed the attorney professionally on any previous occasion.
Rule 21.01 5 1 when he learned that Atty. Henry
362 had shared the information with his The fact that Niko did not sign any confidentiality is immaterial since it is the
law partner, Atty. Meyer, and their duty of the lawyer not to reveal his Clients secrets. Neither is the defense that
common friend, private practitioner Atty. Meyer is a partner in the firm valid since Niko did not employ the law firm
Atty. Canonigo. When confronted, but only Atty. Henry.
Atty. Henry replied that Niko never
signed any confidentiality
agreement, and that he shared
information with the two lawyers to
secure affirmance of his legal
opinion on Nikos problem. Did Atty.
Henry violate any rule of ethics?
 Explain fully.

In the course of a drinking spree

with Atty. Holgado who has always
been his counsel in business deals,
Simon bragged about his recent
sexual adventures with socialites No. The conversation between Atty. Holgado and Simon is not covered by the
known for their expensive tastes. privilege since Simon did not consult Atty. Holgado professionally. The
When Atty. Holgado asked Simon privilege against disclosure of confidential communication or information is
360- limited only to communications which are legitimately and properly within the
Rule 21.01 5 2 how he manages to finance his
362 scope of a lawful employment of a lawyer.
escapades, the latter answered that
he has been using bank deposits of
rich clients of Banco Filipino where
he works as manager.

Is Simons revelation to Atty.

Holgado covered by the attorney-
client privilege?

a. Requisites to enable a client to use the right of privilege communication

a) The Rules of Court grants the
right to prevent his lawyer from 1. Attorney-client relationship (or a kind of consultancy relationship
disclosing communications made by with a prospective client)
360- the client to the attorney, or of
Rule 21.01 5 3 2. Communication made by client to lawyer in the course of lawyers
362 attorneys advice given thereon, in
professional employment
the course of professional
employment. What are the 3. Communication is intended to be confidential (see Rule 130, Sec 21
requisites to enable a client to use (b), ROC)
this right?
 b. Requisites for a valid substitution of attorney
(b) What are the requisites to make
a substitution of attorneys valid? 1. Written Application

2. Written Consent of client

3. Writtent consent of attorney to be substituted

4. If the consent of the attorney to be substituted cannot be obtained,

there must be at least a proof of notice that the motion for substitution
has been served upon him, in the manner prescribe by the rules.

What is the scope of the lawyers

360-
Rule 21.01 5 4 duty to preserve his clients
362
confidence?

A, who is charged in Court with

Sec 24 (b) Rule 130 of the ROC provides: An attorney cannot, without the
estafa for misappropriating funds
consent of his client, be examined as to any communication made by the client
entrusted to him by B, consulted
to him, or his advice given thereon in the course of, or with a view to,
Atty. C. about the case with the
professional employment, nor can an attorney's secretary, stenographer, or
intention of engaging his services as
clerk be examined, without the consent of the client and his employer,
360- defnse counsel. Because A could not
Rule 21.01 5 5 concerning any fact the knowledge of which has been acquired in such
362 afford to pay the fee that Att. C.
capacity;
was charging him, A engaged the
services of another counsel, Atty. D. When A consulted Atty. C about the case and Atty. C voluntarily hears the
At the trial of the case for estafa inquiry, an attorney-client relationship has been established, though
against A, the prosecutor announces momentarily, is still covered by the disqualifications on privileged
in open court the witness stand. communication as provided by the rules of court.
Counsel for A, Atty. D, vigorously
 opposed the prosecutors move on
the ground that Atty. C may not be
called as witness for the
prosecution as he might disclose a
would be clients confidence and
secret. Ask by the presiding Judge
what would be the nature of Atty.
Cs testimony, the prosecutor
answer it has something to do how
A obtained from B the funds that he
later received from the former but
failed to account for. Thereupon
Atty A vigorously opposed the
prosecutors motion

If you were the Judge, how would

you rule on the matter?

Rule 21.02 - 0 0

Rule 21.03 - 0 0

Rule 21.04 - 0 0

Rule 21.05 - 0 0

Rule 21.06 - 0 0

Rule 21.07 - 0 0

Canon 22 - 0 0
 "In order that there may be substitution of attorneys in a given case, there
must be (1) written application for substitution; (2) a written consent of the
Explain the procedure to be client, and (3) a written consent of the attorney to be substituted. And in case
followed in the substitution of the the consent of the attorney to be substituted cannot be obtained, there must
372- original attorney of record. [1967, at least be proof that notice of the motion for substitution has been served
Rule 22.01 12 1 upon him in the manner prescribed by our rules." Where the procedure for
374 1971 bar exams]
substitution of attorney is not followed, the attorney who appears to be on
record before the filing of the application for substitution should be regarded
as the attorney entitled to be served with all notices and pleadings and the
client is answerable for the shortcomings of this counsel of record. (Ramos vs.
Potenciano, 118 Phil. 1435).

Rule 22.01 -A lawyer may withdraw his services in any of the following cases:

a) When the client pursues an illegal or immoral course of conduct in

connection with the matter he is handling;
In what instance or instances may
an attorney be allowed to retire
b) When the client insists that the lawyer pursue conduct violative of these
372- from an action or proceedings
Rule 22.01 12 2 canons and rules;
374 without the consent of his client
who has engaged his services [
c) When his inability to work with co-counsel will not promote the best interest
1968, 1979]
of the client;

d) When the mental or physical condition of the lawyer renders it difficult for
him to carry out the employment effectively;
 e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;

f) When the lawyer is elected or appointed to public office; and

g) Other similar cases.

*A lawyer shall withdraw his services only for good cause and upon notice
appropriate in the circumstances; a lawyer shall avoid controversies with
clients concerning his compensation and shall resport to judicial action only to
prevent imposition, injustice or fraud. (Montana v. IBP, 358 SCRA 1)

*Without consent but with proper notice*

*Has to be in writing*

When several lawyers are working When there is conflict of opinions between two lawyers jointly associated in a
together in a case and a conflict of case, the client should decide. The decision should be accepted unless the
opinion arise among them, who is nature of the difference makes it impracticable for the lawyer whos judgement
372-
Rule 22.01 12 3 to decided, whose opinion should has been overruled to cooperate effectively. In this event, it is his/her duty to
374
be followed and what is supposed ask client to relieve him/her (Agpalo)
to be done by the ones whos
opinion does not prevail? [1969]

Should a party desire to change his
attorney of record what procedure
372- should be followed in doing so?
Rule 22.01 12 4
374 May his former counsel collect the
full compensation stipulated in their
contract? Explain. [1970)
Section 26 - Change of Attorneys - An attorney may retire at anytime from an
action or special proceeding, by the written consent of his client filed in
court. He may also retire at anytime from an action or special proceeding,
without the consent of his client, should the court, on notice to the client and
attorney, and on hearing, determine that he ought to be allowed to retire. In
case of substitution, the name of the attorney newly employed shall be
entered on the docket of the court in place of the former one, and the written
notice of the change shall be given to the adverse party xxx.
Unless the procedure prescribed in the above mentioned section is complied
with, the attorney of record is regarded as the counsel who should be served
with copies of the judgments, orders and pleadings and who should be held
responsible for the case.[17] Cortez vs. Court of Appeals, 83 SCRA 31 at p. 35
[1978].17 In cases of substitution of attorneys the following requisites must be
complied with:
1. Written application for substitution;
2. written consent of the client; and
3. a written consent of the attorney to be substituted.
In case the consent of the attorney to be substituted cannot be obtained, there
must at least be proof that notice of the motion for substitution has been
served upon him in the manner prescribed by our rules.
*The right of the client to terminate the relation is absolute, with or without
cause*
 * Where the contract is broken by the client without the fault of the attorney,
the latter may recover on a quantum meruit for the reasonable value of his
services, or he may sue on the contract and recover damages for its breach.*

* If the attorney violates a contract with a client and the latter is damaged,
such client has the same right to sue the attorney as he would have to sue any
other person who had violated a contract made with him. If the client commits
a breach of his contract with the attorney, he is liable in an action for damages
therefore*

Discuss briefly the right of an

attorney to withdraw from a case as
attorney or counsel for a party. In Discuss briefly the right of an attorney to withdraw from a case as attorney or
what instances is such withdrawal counsel for a party. In what instances is such withdrawal warranted or justified
372-
Rule 22.01 12 5 warranted or justified before the before the termination of the case? If he should withdraw what is his duty with
374
termination of the case? If he respond to the retainer that he has already received? [ 1970]
should withdraw what is his duty
with respond to the retainer that he
has already received? [ 1970]

Discuss the right of the client to

372- terminate the service of counsel and
Rule 22.01 12 6
374 the right of the counsel to withdraw
from a case [1977]

372-
Rule 22.01 12 7
374
 An attorney may retire or withdraw
from an action or special proceeding
with or without the consent of his
client. When and how may such
retirement or withdrawal be
effected? [1978]

On the eve of the initial hearing for

the reception of evidence for the a. While rule 22.01 uses the word may, it is mandatory for the lawyer
defense, the defendant and his to withdraw from the engagement if the client demands that the
counsel had a conference where the lawyer engage in conduct that is illegal or violates the rules on ethics. In
client directed the lawyer to present the case at bar, Counsel is being induced by his client to assist perjury.
as principal defense witnesses two
b-
persons whose testimonies were
personally know to the lawyer to Sec. 26, Rule 138 of the Rules of Court states the proper procedure for
have been perjured. The lawyer the withdrawal of a lawyer as counsel in a case. It provides:
372-
Rule 22.01 12 8 informed his client that he refuse to
374 Sec. 26 Change of Attorneys An attorney may retire at anytime from an
go along with the unwarranted
course of action proposed by action or special proceeding, by the written consent of his client filed in court.
He may also retire at anytime from an action or special proceeding, without the
defendant. But the client insisted on
his directive, or else he would not consent of his client, should the court, on notice to the client and attorney, and
pay the agreed attorneys fees. on hearing, determine that he ought to be allowed to retire. In case of
substitution, the name of the attorney newly employed shall be entered on the
When the case was called for docket of the court in place of the former one, and the written notice of the
hearing the next morning, the change shall be given to the adverse
lawyer forthwith moves in open
court that he be relieved as counsel
for the defendant. Both the
 defendant and the plaintiffs
counsel objected to the motion

a. Under the given facts, is the

defense lawyer legally justified in
seeking withdrawal from the case?
Why or why not? Reason briefly

b. Was the motion for relief as

counsel made by the defense lawyer
in full accord with the procedural
requirements for a lawyers
withdrawal from a court case?
Explain briefly

372-
Rule 22.01 12 9
374
372-
Rule 22.01 12 10
374
372-
Rule 22.01 12 11
374
372-
Rule 22.01 12 12
374

A) Yes, the counsel for the defendant vendee is entitled to enforce a charging
376- lien because it is the security for the payment of attorneys fees requires as a
Rule 22.02 3 1
377 condition sine qua non a judgment for money and execution in the pursuance
of such judgment secured in the main action by the attorney in favor of the
client. Hence, he must be entitled to the charging lien.
 B) Yes, he is still entitled despite the dismissal of the case because it is with his
initiative that the other party to the case moved for its dismissal. His excellent
abilities in the pre-trial were the reasons that compel the other party to move
the dismissal of the case.

A charging lien is an attorney's right to a portion of the judgment that was won
for the client through professional services. It is a specific lien and only covers a
376- lawyer's claim on money obtained in a particular action, on the other hand, A
Rule 22.02 3 2
377 retaining lien is more general in its scope. It extends to all of a client's property
that an attorney might come into possession of during the course of a lawsuit.
Until an attorney is compensated for services, he or she has a claim or interest
in such property.

Attorneys lien is the right of a lawyer to hold a client's property or money until
payment has been made for legal aid and advice given. As a general rule, it can
376-
Rule 22.02 3 3 be enforced through a court action to secure the payment of his legal services
377
rendered to his client. The client will be given a written noticed informing them
about the payment of their attorney who handle their case. It is in accordance
with the principle that no one shall unjustly enriched himself at the expense of
the other.