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In re Cunanan (1954)
RA 972, or the Bar Flunkers Act of 1953, was
declared partially unconstitutional as it
THE LEGAL encroached upon the powers granted by the
Constitution to the SC in determining the
PROFESSION admission of bar examinees to the bar by
usurping such power through a legislative act.
NOTES
(Agpalo)
STATE REGULATION OF THE LEGAL
PROFESSION (BY THE SC AND CONGRESS) η Practice of law: legal advice and
instructions to clients to inform them of their
rights and obligations; preparation for clients
Const art. VIII, sec. 5(5). of documents, requiring knowledge of legal
The SC shall have the following powers: principles not possessed by ordinary layman;
(5) Promulgate rules concerning… practice and appearance for clients before public tribunals
procedure in all courts, the admission into the which possess power and authority to
practice of law, the Integrated Bar…. determine rights of life, liberty and property
according to law in order to assist in the
Const art. XII, sec. 14. proper interpretation and enforcement of law
…The practice of all professions in the Phils shall
be limited to Filipino citizens, save in cases
prescribed by law. η Cayetano v Monsod (Padilla dissent):
practice of law’s 4 elements:
1. habituality
In the Matter of the IBP (1973) 2. compensation
The power to integrate the Philippine bar is given 3. application of law, legal
to the SC by the Constitution. RA 6397 is a principles, practice or procedure
mere legislative declaration that the integration 4. attorney-client relationship
of the bar will promote public interest.
BAR EXAMINATION
2. LAW PROPER
Rule 138, Sec. 7. Time for filing
proof of qualifications.—All applicants for
Rule 138, sec. 5. Additional admission shall file with the clerk of the Supreme
Requirements for other applicants.—All Court the evidence required by section 2 of this
applicants for admission…shall, before being rule at least 15 days before the beginning of the
admitted to the examination, satisfactorily show examination. If not embraced within sections 3
that they have regularly studied law for four and 4 of this rule they shall also file within the
years, and successfully complete all prescribed same period the affidavit and certificate required
courses, in a law school or university, officially by section 5, and if embraced within sections 3
approved and recognized by the Sec. of and 4 they shall exhibit a license evidencing the
Education. The affidavit of the candidate, fact of their admission to practice, satisfactory
accompanied by a certificate from the university evidence that the same has not been revoked,
or school of law, shall be filed as evidence of and certificates as to their professional standing.
such facts, and further evidence may be required Applicants shall also file at the same time their
by the court. own affidavits as to their age, residence, and
No applicant shall be admitted to the bar citizenship.
examinations unless he has satisfactorily
completed the following course in a law school or Rule 138, sec. 8. Notice of
university duly recognized by the government: applications.—Notice of applications for
civil law, commercial law, remedial law, criminal admission shall be published by the clerk of the
law, public and private international law, political Supreme Court in newspapers published in
law, labor and social legislation, medical Pilipino, English and Spanish, for at least 10 days
jurisprudence, taxation and legal ethics. before the beginning of the examination.
He was found guilty of bringing notes into the η a lawyer’s name may not be stricken off
examination room in violation of 10 Rule 138 from the roll of attorneys by reason of
RoC and of attempted cheating. As he failed the alienage, non-completion of the prescribed
exam that year he was disqualified from taking course of study or bad moral character in the
the 1975 bar exam. absence of clearly preponderant evidence
that he did not, in fact, possess the
necessary qualifications at the time of his
admission.
GOOD MORAL CHARACTER
No charges involving moral turpitude are filed
NOTES against him/her or pending in court
(Agpalo) η Question of moral turpitude is for SC to
decide. Which is why applicants are required
Good Moral Character to disclose any crime which they have been
η No definition and criteria in law for “good charged. Concealment or withholding from
moral character” the court information about charges and
indictments is a ground for disqualification of
η Moral character is what a person really is applicant or for revocation of license. Even if
(corresponds to objective reality) while good the crime concealed does not involve moral
reputation is the opinion generally turpitude, the act of concealment makes
entertained of him, the estimate in which he him/her unfit to be a lawyer.
is held by the public in the place where he is
known (subjective). η Applicant assumes burden of proof to
establish qualifications in asking admission.
η Not enough that conduct merely enables a But after having presente prima facie
person to escape the penalty of criminal law. evidence, burden to overcome the prima
facie showing shifts to those objecting
η Justice Felix Frankfurter: moral character = his/her admission.
qualities of truth-speaking, a high sense of
honor, full candor, intellectual honesty, and η That the bar examination committee has
the strictest observance of fiduciary passed upon the applicant’s qualification will
responsibility not preclude judicial inquiry on the same
question raised in disbarment.
η Good moral character is the absence of a
proven conduct or act which has been η Lawyer’s name may not be stricken off the
historically and traditionally considered as a roll of attorneys by reason of
manifestation of moral turpitude. The act or (1) alienage,
conduct showing moral turpitude need not (2) non-completion of the prescribed course of
amount to a crime; and even if it does study or
constitute an offense, a conviction upon a (3) bad moral character in the absence of clearly
criminal charge is not necessary to preponderant evidence that he did not possess
demonstrate bad moral character although it necessary qualifications at the time of admission.
may show moral depravity. Burden of proof—complainant.
In re Al Argosino (1997)
DISCLOSURE OF INVOLVEMENT IN Al Argosino passed the 1993 bar examination.
ANY CRIMINAL CASE His oath taking was deferred due to his previous
NOTES
(Agpalo)
WHO ELSE MAY PRACTICE LAW
Necessity of representation by counsel
η In a democratic and civilized country where
the rights of a person are determined in
General Rule: Only Members of the Bar accordance with established rules, the
employment of a person acquainted with
Rule 138, Sec 1. Who may practice those rules becomes a necessity both to the
law.—Any person heretofore duly admitted as a litigants and to the Court. A party litigant
member of the bar, or hereafter admitted as needs the assistance of counsel in all
such in accordance with the provisions of this proceedings, administrative, civil or criminal.
rule, and who is in good and regular standing, is
entitled to practice law. When appearance by counsel not obligatory
1. In a Municipal Trial Court, a
Exception 1: Law Student Practice Rule party may conduct his litigation in person or
with the aid of a friend appointed by him for
Rule 138-A—ANNEXED that purpose or with an aid of an attorney.
Piatt v Abordo (1933) Ratio Decidendi: The Supreme Court will not
Atty. Abordo was duped into buying fake opium. denounce criticism made by anyone against the
He sought the help of police authorities to Court for, if well founded can truly have
recover his money (what an idiot!). constructive effects in the task of the Court, but
As a general rule the SC will not assume it will not countenance any wrongdoing nor allow
jurisdiction over one of its officers when the the erosion of our people’s faith in the judicial
alleged misconduct was performed in his system, let alone, by those who have been
personal capacity. The exception is the atty. privileged by it to practise law in the Philippines.
who will be removed from office for gross
misconduct not connected w/ his professional
duties. In re Terell (1903)
Terrel was found guilty of malpractice or gross
misconduct for assisting in the establishment and
RULE 1.02. acting as counsel for the Centro Bellas Artes
NO COUNSELING TO DEFY LAW Club, an organization intending to evade the
practice of law.
Rule 1.02. A lawyer shall not
counsel or abet activities aimed at defiance of RULE 1.03
the law or at lessening confidence in the legal NO TO ENCOURAGING LAWSUITS OR
profession. PROCEEDINGS
RULE 2.01
Flores v Chua (1999) NOT TO REJECT OR OPPRESS THE
The SC found attorney Chua liable for DEFENSELESS OR OPPRESSED
misconduct (1) for notarizing a document that
had not been signed in his presence then passing Rule 2.01. A lawyer shall not
of the document to the signatory’s widowed wife reject, except for valid reasons, the cause of the
as a legitimate document. (2) Misrepresenting defenseless or the oppressed.
himself as counsel through prematurely
publishing a portion of a questionable decision on Sec 1 Art 1 IBP Handbook. Guidelines
appeal. Governing the establishment and Operation of
Legal Aid Office. Legal aid is not a matter of
charity. It is a means for the correction of social
CANON 2 imbalance that may and often do lead to
PROVIDE EFFICIENT AND CONVENIENT injustice, for which reason it is a public
LEGAL SERVICES responsibility of the Bar. The spirit of public
η This rule stems from one of the obligations Rule 138, sec. 27. A member of
incident to the status and privileges of a the bar may be disbarred or suspended from his
lawyer which is to represent the poor and office as attorney by the SC for any…
the oppressed in the prosecution of their malpractice…. The practice of soliciting cases at
claims or the defense of their rights. The law for the purpose of gain, either personally or
court is empowered to require a lawyer to through paid agents or brokers, constitutes
render legal service (to designate him/her as malpractice.
counsel de oficio for an accused if the latter
is unable to employ counsel de parte). NOTES
(Agpalo)
η The Integrated Bar of the Philippines through
its Committee on Legal Aid has established η This is a prohibition on professional
legal aid offices throughout the country. Its flaunting. Examples of such are lawyers who
objective is to provide on a nationwide basis recommend their employment or the
legal services in favor of the poor segment of employment of a partner, associate, or
society. Their policy is that legal aid is not a member of his legal staff to a non-lawyer
matter of charity. It is a means for the who has not sought his legal advice
correction of social imbalance that may and regarding employment of a lawyer or
often do lead to injustice, which makes it a lawyers who pay a person or organization to
public responsibility of the Bar. recommend or secure their employment of a
client; rewards a person or organization for
having made a recommendation that
RULE 2 resulted in his employment by a client.
NOT TO REFUSE TO GIVE LEGAL ADVISE
RULE 2.04
NO RATES OTHER THAN
η The public prosecutor owes the State, the η However, a prosecutor enjoys the
court, and the accused the duty to lay before presumption that he is learned in the law,
the court the pertinent facts at his disposal that he has high morality, and that he had
with methodical and meticulous attention. performed his duties with impartiality.
He should clarify contradictions and fill up
gaps in his evidence so that there would be Role of a private prosecutor:
no doubt in the court’s mind. η The general rule is that an offended party
has the right to intervene in the prosecution
η Prosecutors should avoid giving the of a crime except in the following instances
impression that their office is being used for (Section 16 of Rule 110 of the Rules of Court
political ends or for other purposes that in connection with Section 5):
contravene the objective of serving justice 1. When from the nature of the crime and
impartially regardless of who the litigants the law defining and punishing it no civil
are. The image of impartiality is achieved by liability arises his favor;
strict adherence to the established 2. When he has waived his right to civil
procedures. indemnity or has expressly reserved his
right to institute a civil action or he has
η A prosecutor should prosecute with already instituted such action.
earnestness and vigor but must keep in mind
that the primary objective is not to win but η The role of the private prosecutor is to
to serve justice: Guilt shall not escape nor represent the offended party with respect to
innocence suffer. the civil action for the recovery of civil
liability arising from the offense.
The public prosecutor should not…
η use improper methods calculated to produce η His/her duty does not include demanding
a wrongful conviction (to use legitimate punishment. If the case is dismissed, the
means to bring about just ones); private prosecutor may not file a motion for
reconsideration. Such a duty belongs solely
to the public prosecutor.
NOTES
NOTES
(Agabin)
η Observance of honorable, candid and H: The IBP found that Atty. Pagulayan was
courteous dealings with other lawyers and aware that when the letters of apology and Re-
fidelity to known and recognized customs Admission Agreements were formalized, the
and practices of the bar that make the complainant was already the counsel for the
practice of law a profession are among the students in the civil case but that he still
obligations of a lawyer. proceeded to negotiate with the students and
their parents without at the very least
η Candor, fairness and truthfulness should communicating the matter to their lawyer. His
characterize the conduct of a lawyer with failure is an inexcusable violation of the canons
other lawyers. of professional ethics and an utter disregard of a
duty owing to a colleague. His defense that the
η A lawyer’s duty is to restrain client from agreements were purely administrative does not
improprieties and to terminate relation with hold because the manifestation stated that the
him/her should the latter persist. students shall drop all civil, criminal and
administrative proceedings against AMA.
η A lawyer should not avoid performance of an
agreement fairly made because it is not
reduced to writing. He should not take RULE 8.01
advantage of the excusable unpreparedness NO ABUSIVE AND IMPROPER LANGUAGE
or absence of counsel during the trial of a
case. Nor should he make use, to his or to Rule 8.01. A lawyer shall not, in
his client’s benefit, the secrets of the professional dealings, use language which is
adverse party acquired thru design or abusive, offensive or otherwise improper.
inadvertence.
NOTES
η A lawyer who thinks a case is weak may not Agpalo
criticize the lawyer who accepts it, much less
should he attribute to him/her evil motive for η “Do as adversaries do in law: strive mightily
taking up the client’s cause. Such action is but eat and drink as friends” should
not only immaterial but betrays lack of characterize the relationship between
understanding of atty’s duties to client. opposing counsel in a case. Whatever ill-
feelings between clients should not influence
η Although respect and confidence is due to counsel in their conduct and demeanor
every colleague, it is not improper for a toward each other.
lawyer to honor the just claim of a layman
against another lawyer because such act is a η The fact that one of the lawyers conducts
mere honest effort to serve the interest of him/herself improperly does not relieve the
his/her client. other from professional obligation in his
relation with him/her.
η A lawyer should not steal the other lawyer’s Laput v. Remotigue (1962)
client nor induce the latter to retain him by F: The SC dismissed the charges of Atty.
promise of better service, good result or Laput that the respondents nursed the desire of
reduced fees for his services. Neither should his former client to replace him.
he disparage another, make comparisons or
publicize his talent as a means to further his H: The solicitor general found that before
law practice. respondents filed their appearance, the client
had already filed with the court a pleading
η He may accept employment to handle a discharging the complainant. The fact that
matter previously handled by another complainant was not able to get a copy was not
lawyer, provided that the other lawyer has the fault of respondents. Also, it was found that
been given notice of termination of service. Mrs. Barrera dismissed complainant as lawyer
Without such notice, he shall only appear because she no longer trusted him because she
once he has obtained conformity or has, at found out that some checks were sent to the
the very least, given sufficient notice of complainant instead of her and that several
contemplated substitution. A lawyer’s withdrawals were made by complainant in her
appearance in the case without notice to the account without her permission.
first lawyer amounts to an improper
encroachment upon the professional There is no irregularity in the appearance of
employment of the original counsel. respondents as counsel. Complainants’
withdrawal and his filing of a motion for the
η The purpose is for the original lawyer to payment of his attorney’s fees estop him from
assert his/her right but the latter cannot now complaining that the appearance of
insist that the new lawyer refuse respondent Patlinghug is unprofessional. As for
employment in the matter merely because the respondents, they only entered their
he claims the termination of his services is a appearance after Mrs. Barrera had dispensed of
breach of contract. To do so would be to the complainant’s services and after the
deny litigant of the right to be represented petitioner had voluntarily withdrawn.
at all times of his counsel of choice.
RULE 9.02
NOT TO DIVIDE LEGAL FEES
CANON 11
Insular Life Assurance Employees
RESPECT COURTS AND
Assoc.-NATU v. Insular Life Assurance
JUDICIAL OFFICERS
(1970)
F: The SC denied the petition to cite the
presiding judge of the CIR in contempt for
misquoting a decision of the SC.
Canon 11. A lawyer shall observe
H: The Court believes it is more a result of and maintain the respect due to the courts and
clerical ineptitude than deliberate attempt to judicial officers and should insist on similar
mislead. The Companies have the prima facie conduct by others.
right to rely on the quotation as it appears on
respondent judge’s decision. However, the Court Rule 11.01. A lawyer shall appear in court
articulates it’s firm view that in citing this Court’s properly attired.
decision and rulings, it is the bounden duty of
courts, judges and lawyers to reproduce or copy Rule 11.02. A lawyer shall punctually appear
the same word-for-word and punctuation mark- at court hearings.
for-punctuation mark. Only from this Tribunal’s
decisions and rulings do all other courts, as well Rule 11.03. A lawyer shall abstain from
as lawyers and litigants, take their bearings. scandalous, offensive or menacing language or
Ever presenting the danger that if not faithfully behavior before the courts.
and exactly quoted, the decisions and rulings of
this Court may lose their proper and correct Rule 11.04. A lawyer shall not attribute to a
meaning. Judge motives not supported by the record or
have no materiality to the case.
RULE 10.03
OBSERVE RULES OF PROCEDURE Rule 11.05. A lawyer shall submit grievances
against a Judge to the proper authorities only.
Rule 10.03. A lawyer shall observe
the rules of procedure and shall not misuse them
to defeat the ends of justice. NOTES
(Agpalo)
Rule 138.20(d) Duties of
Respect due to the courts.
attorney’s—It is the duty of an attorney (d) to
η A lawyer should conduct himself toward
employ, for the purpose of maintaining the
judges with that courtesy all have a right to
causes confided to him, such means only as are
expect and with the propriety which the
consistent with truth and honor, and never seek
dignity of the courts requires.
to mislead the judge or any judicial officer by an
artifice or false statement of fact of law.
η This is not for the sake of the temporary
incumbent of the judicial office but for the
NOTES
maintenance of its supreme importance.
(Agpalo)
Respect of courts helps build high esteem
and regard toward them which is essential to
η Procedural rules are instruments in the
the proper administration of justice. It also
speedy ad efficient administration of justice.
guarantees the stability of their institution.
They should not be used to derail such ends.
η This duty also devolves upon students who
η They should not misuse them, as by filing
will choose to enter the legal profession.
multiple petitions regarding the same cause
They have as much the same duty as a
of action of by deliberately misreading the
member of the bar to observe and maintain
law to seek a reopening of a case long
the respect due the courts, and their failure
decided.
to discharge such duty may prevent them
from being inducted into the office of
attorney
CANON 12
RULE 11.05 ASSIST IN SPEEDY AND EFFICIENT
GRIEVANCES AGAINST JUDGES— ADMINISTRATION OF JUSTICE
η The duty to respect does not preclude a Rule 12.02. A lawyer shall not file multiple
lawyer from filing administrative complaints actions arising from the same cause.
against erring judges, or from acting as
counsel for clients who have legitimate Rule 12.03. A lawyer shall not, after
grievances against them. obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse
η The lawyer shall not file an administrative without submitting to the same or offering an
case until he has exhausted judicial explanation for his failure to do so.
remedies which result in a finding that the
judge has gravely erred. Rule 12.04. A lawyer shall not unduly delay
a case, impede the execution of a judgment or
misuse court processes.
Maceda v. Vasquez (1993)
F: This prayer for preliminary mandatory Rule 12.05 A lawyer shall refrain from
injunction is with regard to whether the office of talking to his witness during the break or recess
the ombudsman could entertain a criminal in the trial, while the witness is still under
complaint for the alleged falsification by Judge examination.
Maceda of his certificate of service submitted to
the SC, and assuming that it can, whether a Rule 12.06 A lawyer shall not knowingly
referral should be made first to the SC. assist a witness to misrepresent himself or to
impersonate another.
H: A judge who falsifies his certificate of
service is administratively liable to the SC for Rule 12.07 A lawyer shall not abuse,
serious misconduct and inefficiency (Sec. 1, Rule browbeat or harass a witness nor needlessly
140, Rules of Court) and criminally liable to the inconvenience him.
State under the Revised Penal Code for his
felonious conduct. The Ombudsman could Rule 12.08 A lawyer shall avoid testifying in
therefore entertain the criminal complaint. behalf of his client; except:
However, where a criminal complaint against a a. on
judge or other court employees arises from their formal matters, such as mailing,
administrative duties, the Ombudsman must authentication or custody of an instrument,
defer action on said complaint and refer the and the like; or
same to the SC for determination whether said b. on
judges or court employees acted within the substantial matters, in cases where his
scope of their administrative duties. Otherwise, testimony is essential to the ends of justice,
in the absence of any administrative action taken
η A lawyer should not communicate to the Criticism of pending and concluded litigation
judge the merits of a pending case η The court, in a pending litigation, must be
shielded from embarrassment or influence in
its all important duty of deciding the case.
η However, it is not incumbent on a lawyer to
Thus, what a lawyer can ordinarily say
refuse professional employment in a case
against a concluded litigation and the
because it may be heard by a judge who is
manner the judge handed down the decision
his relative, compadre or former colleague in
may not generally be said to a pending
office. The responsibility is on the judge not
action.
to sit in a case unless he is both free from
bias and from the appearance thereof
η Once a litigation is concluded, the judge who
decided it is subject to the same criticism as
η Whether the law is wisely or badly enforced In Estes v. Texas, it was held that the likely
is a fit subject for comment. prejudices of a live coverage of a trial are: (1)
When the judge allows the trial to be televised,
η If people cannot criticize a judge the same the case automatically assumes an important
as any other public official, public opinion status in the community such that everybody
will be effectively muzzled. becomes interested. (2) The quality of the
testimony in criminal trials will often be
η Courts are not sacrosanct. They should impaired. (3) There are additional responsibilities
expect critical evaluation of their that the presence of television places upon the
performance. For like the executive and the judge. (4) The presence of television may prove
legislative branches, the judiciary is rooted to be a form of mental—sometimes physical—
in the soil of democratic society and harassment on the part of the defendant. (much
nourished by the periodic appraisal of like being in a police line-up)
citizens whom it should serve.
η Retainer, defined:
(1) an act of client by which he engages services
η General retainer, defined: secure beforehand Rule 2.01. A lawyer shall not
services of attorney for any legal problem reject, except for valid reasons, the cause of the
that may afterward arise defenseless or the oppressed.
NOTES
(Jardeleza) RULE 14.02
PROVIDING COUNSEL DE OFICIO
η Rule 14.01 applies only to criminal cases.
1. Counsel de Oficio
(Agpalo)
Rule 14.02. A lawyer shall not
η Regardless of his personal decline, except for serious and sufficient cause,
feelings, a lawyer should not decline an appointment as counsel de oficio or as amici
representation because a client or a cause curiae, or a request from the Integrated Bar of
is unpopular or community reaction is the Philippines or any of its chapters for rendition
adverse of free legal aid.
NOTES
(Aguirre)
2. Amicus Curiae
η Rule 138, sec. 31 is the general rule for all
indiegent litigants as it speaks of the Rule 138, sec. 36. —Amicus curiae.—
attorney for destitute litigants. Rule 116 Experience and impartial attorney’s may be
sec. 6 & 7 and Rule 124, sec. 2 refer to the invited by the Court to appear as amici
“accused” in a criminal case and counsel de curiae to help in the disposition of issues
oficio is used only for the “accused” in a submitted to it.
criminal proceeding.
NOTES
(Agpalo) (Agpalo)
NOTES
(Agpalo)
CANON 15
OBSERVE CANDOR, FAIRNESS AND
η This canon is based on the character of the
LOYALTY
attorney-client relationship which is strictly
personal and highly confidential and
fiduciary. Only in such a relationship can a
person be encouraged to repose confidence
Canon 15. A lawyer shall observe in an attorney.
candor, fairness and loyalty in all his dealings
and transactions with his clients. η The canon therefore is required by necessity
and public interest and is based on the
Rule 15.01. A lawyer, in conferring with a hypothesis that abstinence from seeking
prospective client, shall ascertain as soon as legal advice in a good cause is an evil which
practicable whether the matter would involve a is fatal to the administration of justice.
conflict with another client or his own interest,
and if so, shall forthwith inform the prospective
client. RULE 15.01 AND 15.03
CONFLICT OF INTEREST
Rule 15.02. A lawyer shall be bound by the
rule on privileged communication in respect of Rule 15.01. A lawyer, in conferring with
matters disclosed to him by a prospective client. a prospective client, shall ascertain as soon as
practicable whether the matter would involve a
Rule 15.03. A lawyer shall not represent conflict with another client or his own interest,
conflicting interests except by written consent of and if so, shall forthwith inform the prospective
all concerned given after a full disclosure of the client.
facts.
Rule 15.03. A lawyer shall not
Rule 15.04. A lawyer may, with the written represent conflicting interests except by written
consent of all concerned, act as mediator, consent of all concerned given after a full
conciliator or arbitrator in settling disputes. disclosure of the facts.
The public interests served by the policy that The instant case falls under the first and third
favors confidentiality are the following: exceptions. Under the first exception, the
1. In the constitutional sphere, the disclosure of the client’s name would lead to
privilege gives flesh to the right to counsel establish said client’s connection with the very
and the right against self-incrimination. If no fact in issue of the case, which is privileged
such privilege is accorded, an accused might information, because the privilege protects the
be compelled to either opt to stay away from subject matter or the substance (without which
the judicial system or to lose the right to there is no attorney-client relationship). Pets
counsel. have a legitimate fear that identifying their
2. Encouraging full disclosure to a lawyer clients would implicate them in the very activity
by one seeking legal services opens the door for which legal advice had been sought, i.e. the
to a whole spectrum of legal options which alleged accumulation of ill-gotten wealth in the
would otherwise be circumscribed by limited aforementioned corporations. Under the third
information engendered by fear of exception, the revelation of the client’s name
disclosure. would obviously provide the necessary link for
the prosecution to build its case, where none
Necessarily, in order to attain effective otherwise exists. It is the link that would
representation, the lawyer must invoke the inevitably form the chain of testimony necessary
privilege not as a matter of option but as a to convict the client of a crime.
matter of duty and professional responsibility.
The general rule is that a lawyer may not invoke An important distinction be made between these
the privilege and refuse to divulge the name or two cases: First case: A client takes on the
identity of his client. The reasons for this are services of an attorney for illicit purposes
that: seeking advice about how to go around the law
1. The Court has a right to know that for the purpose of committing illegal activities.
the client whose privileged information is Second case: A client thinks he might have
sought to be protected is flesh and blood. previously committed something illegal and
2. The privilege begins to exist only consults his attorney about it. The first case
after the attorney-client relationship has does not fall within the privilege. Reason: It is
been established. The privilege does not not within the professional character of a lawyer
attach until there is a client. to give advice on the commission of a crime. The
3. The privilege pertains to the subject second falls within the exception because
matter of the relationship. whether or not the act for which the client
4. Due process considerations require sought advice turns out to be illegal, his name
that the opposing party should know his cannot be used or disclosed if the disclosure
adversary. (Metaphor: He cannot be obliged leads to evidence not yet in the hands of the
prosecution, which might lead to possible action
RULE 15.04
MEDIATOR, CONCILIATOR OR ARBITRATOR RULE 15.06
NOT TO CLAIM INFLUENCE
Rule 15.04. A lawyer may, with the
written consent of all concerned, act as Rule 15.06. A lawyer shall not state or
mediator, conciliator or arbitrator in settling imply that he is able to influence any public
disputes. official, tribunal or legislative body.
NOTES NOTES
(Agpalo) (Agpalo)
η An attorney’s knowledge of the law and his η This rule protects against
reputation for fidelity may make it easy for influence peddling.
the disputants to settle their differences
amicably. However, he shall not act as
counsel for any of them.
η Some prospective clients secure
the services of a particular lawyer or law
firm precisely because he can exert a lot
of influence on a judge and some lawyers
RULE 15.05
exact big fees for such influence
CANDID, HONEST ADVICE
η A lawyer is bound to give candid and honest Art. 19 Civil Code. Every person must,
opinion on the merit or lack of merit of in the exercise of his rights and in the
client’s case, neither overstating nor performance of his duties, act with justice,
understating the prospect of the case. He give everyone his due and observe honesty
should also give an honest opinion as to the and good faith.
probable results of the case, with the end in
view of promoting respect for the law and NOTES
the legal processes. (Agpalo)
η As officers of the court, counsel are under η A lawyer is required to represent his client
obligation to advice their clients against within the bounds of the law. The CPR
making untenable and inconsistent claims. enjoins him to employ only fair and honest
means to attain the lawful objectives of his
η A lawyer who guarantees the successful client and warns him not to allow his client
outcome of a litigation is under a heavy to dictate procedure in handling the case. He
pressure to employ any means to win the may use arguable construction of the law or
case at all costs or under a cloud of rules which are favorable to his client. But he
suspicion of having betrayed a client when is not allowed to knowingly advance a claim
the case is lost. In either case, he puts or defense that is unwarranted under
himself in a trying situation. existing law.
η A lawyer should keeps funds of each client Public interest requires that an attorney should
separate and apart from his own. He should exert his best efforts and ability to protect the
not use client’s money for personal purposes interests of his clients. A lawyer who performs
without client’s consent. He should report that duty with diligence and candor not only
promptly the money of his client in his protects his client’s cause; he also serves the
possession. ends of justice and does honor to the bar and
helps maintain the respect of the community to
the legal profession.
Hernandez v. Go (2005)
F: In 1961, Nazaria Hernandez’s husband Good moral character is not only a condition
left her and her son Luciano. Creditors of her precedent to the admission to the practice of
husband went after her so she hired legal
Rule 138, sec. 37. Attorney’s liens.— H: Atty. Ricafort breached Sec. 25 of Rule
An attorney shall have a lien upon the funds, 138 of Rules of Court, Rule 1.01 of Canon 1 and
documents and papers of his client which Rules 16.01, 16.02 and 16.03 of Canon 16 of the
have lawfully come into his possession and CPR. There is no doubt he is guilty of having
may retain the same until his lawful fees and used the money of his clients without their
disbursements have been paid, and may consent. His use of their money is made more
apply such funds to the satisfaction thereof. manifest by his letters to complainant, all
He shall also have a lien to the same extent promising the latter to make good his promise to
upon all judgements for the payment of pay the money he withdrew from the Clerk of
money, and executions issued in pursuance Court and OAS. Money collected by a lawyer in
of such judgements, which he has secured in pursuance of a judgment in favor of his clients is
a litigation of his client, from and after the held in trust and must be immediately turned
time when he shall have caused a statement over to them.
of his claim of such lien to be entered upon
the record of the court rendering such OBITER:
judgement, or issuing such execution, and Respondent’s transgressions manifested
shall have caused written notice thereof to dishonesty and amounted to grave misconduct
be delivered to his client and power over and grossly unethical behavior which caused
such judgements and executions as his client dishonor, not merely to respondent, but to the
would have to enforce his lien and secure noble profession to which he belongs. A lawyer
the payment of his just fees and shall at all times uphold the integrity and dignity
disbursements. of the legal profession. The trust and confidence
necessarily reposed by clients require in the
NOTES attorney a high standard and appreciation of his
(Agpalo) duty to his clients, his profession, the courts and
the public. The bar should maintain a high
η Failure of an attorney to return client’s standard of legal proficiency as well as of
money upon demand gives rise to honesty and fair dealing. Generally speaking, a
presumption that he has misappropriated it lawyer can do honor to the legal profession by
for his own use. faithfully performing his duties to society, to the
bar, to the courts and to his clients. To this end,
NOTES (Agpalo)
(Agpalo)
η Some cases involve specialised fields of law
Duty to serve with competence and diligence and require special training. A lawyer should
not accept an undertaking in specific area of
η Lawyer impliedly represents that: he
law which he knows or should know he is not
possesses requisite degree of learning, skill,
qualified to enter.
ability which is necessary to the practice of
his profession and which other similarly
η He may render such service if his client
situated possess; he will exert his best
consents, he can obtain a collaborating
judgment in the prosecution or defense of
counsel who is competent on the matter.
the litigation entrusted to him; he will
exercise reasonable and ordinary care and
diligence in the use of his skill and in the
RULE 18.02
application of his knowledge to his client’s
ADEQUATE PREPARATION
cause; he will take such steps as will
adequately safeguards his client’s interest. A
client may reasonably expect that counsel Rule 18.02. A lawyer shall not
will make good his representations. handle any legal matter without adequate
preparation.
Duty to safeguard client’s interest
η This commences from his retainer until his NOTES
effective release from the case or the final (Agpalo)
disposition of the whole subject matter of
the litigation. η Lawyer should safeguard his client’s rights
and interests by thorough study and
preparation; mastering applicable law and
η Even if the lawyer is counsel de oficio this
facts involved in a case, regardless of the
does not diminish or alter the degree of
nature of the assignment; and keeping
professional responsibility.
constantly abreast of the latest
jurisprudence and developments in all
η Failure of the client to pay does not warrant
branches of the law
abandonment.
η inadequate preparation spawns adverse
η Ethical delinquency or impropriety arises
effects that go far beyond the personal
invariably either from a lack of appreciation
interest of the client. Inadequate preparation
for instance may mislead the court to look at
η A lawyer who cannot continue representation η Note that if a client dies, the lawyer should
should ask his client to be allowed to inform court within 30 days, and request for
withdraw so that another counsel may be the substitution of the decedent in the event
retained. When client refuses, or nowhere to that the claim survives death
be found, which will render performance of
lawyer’s duties difficult or impossible, he Requiring clerk or court to do his duty
should ask that he be discharged or apply or η If the clerk of court is negligent, he shall call
to the court to be released. the attention of the court to that fact or to
file the necessary motion to set the case for
η Pressure and large volume of legal work pre-trial or trial so that the administration of
provide no excuse for the inability to justice will not suffer any delay
exercise due diligence
η While clerk of court may not do his duty, it
What to do in case of conflict in trial dates does not discharge lawyer from the
η He should lose no time in asking for responsibility of seeing that the record on
postponement of the case or cases set later, appeal and the evidence are elevated to the
as he should not give undue preference as appellate court
against the other EXCEPT in favor of that
case wherein the court has served warning, η He may not sit idly by and wait until the
in view of the previous repeated clerk of court does his duty.
postponements of trial
Duty to keep client fully informed
η The most ethical thing to do: inform the η A lawyer must advise his client promptly
prospective client of all the facts so that the whenever he has any information to give
latter may retain another lawyer. If client which it is important that the client receive.
still retains that lawyer, after full disclosure, These include: withdrawal of appeal and all
he assumes the risk and cannot complain of adverse consequences; mode or manner by
the consequences if postponement is denied which interest is defended of why certain
and finds himself without an attorney to steps are taken or omitted; when client
represent him at the trial should be present at the hearing of his case
Adoption of system to insure receipt of mails η The client should also not sit idly by. He is
η A lawyer should maintain a system that will bound to contact his counsel from time to
insure his prompt receipt of notices and time in order that he may be informed of the
communications sent to him by registered progress of his case.
mail at his address of record
RULE 19.01
FAIR AND HONEST Duty to restrain the client from impropriety
η A lawyer should use his best efforts to
Rule 19.01. A lawyer shall employ restrain and to prevent his client from doing
only fair and honest means to attain the lawful those things which he himself ought not to
objectives of his client and shall not present, do, particularly with reference to the conduct
participate in presenting or threaten to present toward the court, judicial officer, witness and
unfounded criminal charges to obtain an suitor.
improper advantage in any case or proceeding.
η If the client persists in such wrongdoing, the
Rule 138, Sec. 20(d). Duties of lawyers should terminate their relation.
attorneys.—It is the duty of an attorney: (d) To
employ, for the purpose of maintaining the
causes confided to him, such means only as are Technical defense
consistent with truth and honor, and never seek η In an annulment of marriage or legal
to mislead the judge or any judicial officer by an separation proceeding, the circumstance that
artifice or false statement of fact or law. the state is vitally interested in the
maintenance of the marriage relation does
NOTES not necessarily render improper the lawyer’s
(Agpalo) appearance for a party in such proceeding
and securing for him what is due him under
η Acceptance of a retainer in a civil suit implies the law.
that a lawyer honestly believes that his client
has a good cause or defense which is ripe for η What is unethical is the lawyer’s participation
judicial adjudication. (i.e. by encouraging the commission of a
matrimonial offense, by fabricating evidence,
η It then becomes his duty to insist upon the by suppressing evidence) in any collusion
judgment of the court as to the legal merits between the parties.
of his client’s claim or defense. But this duty
should be carried out using only fair and η Lawyer must also avoid any act which may
honest means. Thus, he should not offer in invite or raise suspicion of collusion.
evidence any document which he knows is
false; not present any witnesses whom he η Consider this situation: A lawyer possesses
knows will perjure; make such defense only confidential information acquired from his
as he believes to be honestly debatable client who is not in collusion with the other
under the law; abstain from all offensive party, the disclosure of which may defeat
personality; advance no fact prejudicial to the action for annulment which outcome his
the honor or reputation of a party or witness client does not want. The question is
unless required by the justice of the cause whether he as counsel for the plaintiff should
with which he is charged. reveal the information to the court or
whether he, as attorney for the respondent,
η Advocacy, within the bounds of law, permits should plead it as a defense? The question
the attorney to use any arguable involves conflicting goals and loyalties: To
construction of the law or rules which is his client, he owes the duty to secure
favorable to his client; he is not allowed to lawfully for him what he desires-the
advance knowingly a claim or defense that is annulment-and to keep inviolate the client’s
unwarranted under existing law. confidence, both of which require him to
keep silent about the damaging information.
η Rule: In espousing his client’s cause, a To the court, he owes the duty to act with
lawyer should not state his personal belief as honesty and candor, which requires that he
to the soundness or justice of his case. divulge the information. To society, he owes
Reasons: the lawyer’s personal belief has no the duty to accord fealty to the public policy
real bearing on the case; if expression of that considers marriage as a social
belief were permitted, it would give improper institution in the maintenance of which the
advantage to the older and better known public is committed. Agpalo’s answer: He
lawyer whose opinion would carry more should incline the scale of his decision in
weight; If such were permitted, omission to favor of that solution which will best serve all
Lawyer’s right unaffected by client’s conduct η Lawyer’s consent to dismissal does not
η Although a client has right to discharge negate right to compensation unless such
lawyer anytime, dismiss or settle action or consent amounts to waiver of right.
even waive the whole of his interest in favor
of adverse party, he cannot, in the absence Client’s compromise of action
of lawyer’s fault, consent or waiver, deprive η Lawyer cannot prevent client from settling
the lawyer of his just fees already earned. case due to right to reasonable
compensation, in the same way that client
Attorney’s discharge by client cannot, by entering into a compromise
η Discharge of lawyer by his client without a agreement, deprive lawyer of his fees in the
valid cause before conclusion of litigation absence of waiver on lawyer’s part.
does not negate lawyer’s right to recover
payment for services. Whether it will affect With consent of lawyer: reasonable value
right to fees or not will depend on existence based on quantum meruit
or absence of a valid written contract for
professional services and nature of that In bad faith or in fraud of counsel: full
contract. amount stipulated in valid contract or, in its
absence, reasonable worth of services
1. Oral
η Generally, attorney’s fees in concept of
damages are not recoverable due to public
2. Written – this is more advantageous for policy. There are however exceptions to the
lawyers, hence, most contracts for attorney’s rule.
fees are in this form.
η Advantages of a Written Retainer Contract: Kinds of Retainer
there is control of amount of fee; if lawyer’s
service is terminated without justifiable 1. General Retainer (retaining fee): Fee
cause, lawyer is entitled to full amount of paid to a lawyer to secure his future services
fees as general counsel for any ordinary legal
problem that may arise in the routinary
When lawyer cannot recover full amount despite business of the client and referred to him for
existence of retainer legal action.
η Situations wherein Counsel Cannot Recover
Full Amount Despite a Written Retainer This could be paid monthly or annually,
Contract: when the services called for were depending on lawyer-client arrangement.
not performed as when the lawyer withdrew This is considered as compensation for lost
before case is finished, unless withdrawal opportunity.
justified; when there is a justified dismissal
of the attorney, the contract will be nullified 2. Special Retainer: Fee which client will
and payment shall be based on quantum pay to his lawyer for a specific matter
meruit; when the stipulated attorney’s fees (case/service), possibly in addition to a
are unconscionable; when stipulated general retainer.
attorney’s fees are in excess of what is
expressly fixed by law; when lawyer is guilty
of fraud and bad faith toward client in the Rationale for Adequate Compensation
matter of employment; when the counsel’s
services were worthless because of his
η Adequate compensation
is necessary in order to enable lawyer to
negligence; when contract of employment is
serve his client effectively and to preserve
illegal, against morals and public policy;
the integrity and independence of the
serving adverse interests, unless lawyer
profession. The legal profession cannot
proves he acted with consent and
remain a viable force in fulfilling its role in
acquiescence of both parties
our society unless lawyers receive adequate
compensation for his services. A lawyer like
Kinds of Attorney’s Fee Stipulation all human beings has a right to livelihood.
1. Absolute
Effects of Nullity of Contract
2. Contingent
3. Fixed Fee payable per appearance 1. preclude a lawyer from recovering fees for
4. Fixed Fee computed by number of hours such services (if nullity based on illegality of
object sought to be achieved)
spent
5. Fixed Fee based on piece work
2. lawyer entitled to recover what is justly due
him for his services based on quantum
η Time employed not in itself an appropriate η In the last analysis, value of interest
basis for fixing amount but length of depends upon extent of the special and
employment which runs for years is additional services and efforts demanded of
significant as the longer the period of the case.
employment the more work it entails and the
lesser the opportunity lawyer has for other Loss of opportunity for other employment
profitable retainers. η Loss of opportunity for other employment on
part of lawyer should be considered.
η Time devoted for study and research must
also be considered. η Two ways: (1) acceptance of retainer from
client will preclude a lawyer from appearing
η That lawyer has been helped by assistants in for others in cases likely to arise out of the
his office cannot reduce compensation as he transaction in view of prohibition against
is paying his assistants and is not expected representation of adverse interests; (2) work
to do everything personally. (like an army may require tedious details and considerable
general who directs and supervises, and time that may deprive him of opportunity to
deserves credit for victory won) render legal services in other cases
RULE 20.02
CLIENT’S CONSENT OF FEES FOR REFERRAL RULE 20.03
Confidentiality
Art. 209 Revised Penal Code. η A confidential communication refers to
Betrayal of trust by an attorney or solicitor— information transmitted by voluntary act of
Revelation of secrets.—In addition to the proper disclosure between attorney and client in
administrative action, the penalty of prision confidence and by means which so far as the
correccional in its minimum period, or a fine client is aware, discloses the information to
ranging from 200 to 1,000 pesos, or both, shall no third person other than one reasonably
be imposed upon any attorney-at-law or solicitor necessary for the transmission of the
( procurador judicial) who, by any malicious information or the accomplishment of the
breach of professional duty or of inexcusable purpose for which it was given. Covers all
negligence or ignorance, shall prejudice his actions, signs, means of communication
client, or reveal any of the secrets of the latter
learned by him in his professional capacity. η There is a difference between confidences
and secrets of clients. While confidences
The same penalty shall be imposed upon an refer to information protected by attorney-
attorney-at-law or solicitor (procurador judicial) client privilege under the Revised Rules of
who, having undertaken the defense of a client Court (information pertinent to the case
or having received confidential information from being handled), secrets are those other
said client in a case, shall undertake the defense information gained in the professional
of the opposing party in the same case, without relationship that the client has requested to
the consent of his first client. be held inviolate or the disclosure of which
would be embarrassing or would likely be
NOTES detrimental to client (information not exactly
(Agpalo) pertinent to case).
η Neither attorney nor client nor anyone who η The intent of client to make communication
stands in a peculiar relation of confidence confidential must be apparent. But once
with either of them can be compelled to conveyed to lawyer, confidentiality attaches
disclose any privileged communication. not only to statements but also to other
forms of communication.
η The lawyer’s duty to maintain inviolate his
client’s confidence is perpetual. It outlasts Requisites for Privilege Communication to Attach
even the lawyer’s employment. He may not η if person to whom information is given is a
do anything which will injuriously affect his lawyer
former client nor may he at any time
disclose or use against him any knowledge η there is legal relationship existing (may be
or information acquired by virtue of disregarded for prospective clients
professional relationship.
η legal advice must be sought from the
η This duty exists because unless the client attorney in his professional capacity
knows that his attorney cannot be compelled
to reveal what is told to him, he will η Some privileged communication may lose
suppress what he thinks to be unfavorable privileged character (eg client gave it to 3rd
and the advice which follows will be useless person). Client must intend the
if not misleading. communication be confidential.
η Generally, the attorney-client privilege “It must be stressed, however, that the privilege
covers the lawyer, client and third persons against disclosure of confidential communications
who by reason of their work have acquired or information is limited only to communications
information about the case being handled. which are legitimately and properly within the
This includes the following: (1) attorney’s scope of a lawful employment of a lawyer. It
secretary, stenographer and clerk; (2) does not extend to those made in contemplation
interpreter, messengers, or agents of a crime or perpetration of a fraud. It is not
transmitting communication (3) an within the profession of a lawyer to advise a
accountant, scientist, physician, engineer client as to how he may commit a crime. Thus,
who has been hired for effective the attorney-client privilege does not attach,
consultation. there being no professional employment in the
strict sense.
η Assignee may claim the privilege
“Nevertheless, respondent’s explanation that it
η Identification of client privilege extends was necessary for him to make the disclosures in
when the ff are not present: his pleading fails to satisfy the Court. The
(1) commencement of litigation on behalf of the disclosures were not indispensable to protect his
client, rights, as they were not pertinent to the
(2) identification relating to employment of 3rd foreclosure case. It was improper for the
person, respondent to use it against the complainant in
(3) employment of attorney with respect to the foreclosure case as it was not the subject
future criminal/ fraudulent transaction, matter of litigation therein and respondent’s
(4) prosecution of a lawyer for a criminal offense professional competence and legal advice were
not being attacked in said case.”
η This rule does not cover those kept for
custodial purposes only nor contracts
relating to attorney’s fees Hilado v. David (1949)
F: Prior to Atty Francisco’s rendering of
legal service to Assad, Hilado consulted the same
Genato v. Silapan (2003) lawyer and even presented him with documents
F: Atty. Silapan and Genato had a about case against Assad.
attorney-client relationship. Genato filed charges
against Silapan due to the latter’s failure to pay Hilado and her counsel want Francisco
amortization fees. Silapan alleged in his answer disqualified as counsel for Assad. The SC found
that Genato is a businessman in real estate that an attorney-client relationship existed
business, who traded and buys and sells between Hilado and Francisco and that the latter
deficiency taxed imported cars, provides shark had violated the confidence of client.
loan and engages in other shady deals. He also
alleged that Genato has many pending cases and H: To constitute professional employment it
had attempted to bribe officials to lift the case. is not essential that the client should have
η If client has not filed notice of discharge, H: Representation continues until the court
lawyer should file notice of withdrawal with dispenses with the services of counsel in
client’s conformity or application to retire accordance with Section 26, Rule 138 of the
from case. Rules of Court. Counsel may be validly
substituted only if the following requisites are
Effect of discharge of attorney complied with: (1) New counsel files a written
η Discharge of attorney must be made known application for substitution; (2) The client’s
to the court and adverse party through a written consent is obtained; (3) The written
formal notice. This is unnecessary between consent of the lawyer to be substituted is
the lawyer and client, himself. But insofar as secured, if it can still be; if the written consent
the court and other party are concerned, the can no longer be obtained, the application for
severance of the relation of attorney and substitution must carry proof that notice of the
client is not effective until a notice of motion has been served on the attorney to be
discharge by the client or a manifestation substituted in the manner required by the Rules.
clearly indicating that purpose is filed with Court is convinced that Eduardo did not dismiss
the court and a copy thereof served upon Atty. Yuseco. In fact, Eduardo manifested that
the adverse party. he had been tricked by Petitioner Obando into
signing the aforesaid Compromise Agreement.
In any case, at the discretion of the court, an
η Before discharge is recorded in the court, the
attorney who has already been dismissed by the
lawyer’s power is limited to (1) making that
client is allowed to intervene in a case in order to
fact known to court and to adverse party,
protect the client’s rights. In the present case,
and to (2) preserving and protecting client’s
had there been any irregularity, it should have
interest until final discharge or new counsel
been raised by Eduardo, not by Obando.
enters appearance. He cannot pretend to
Eduardo had no reason to complain, the Motion
continue representing client.
to Dismiss was not prejudicial but beneficial to
him.
η If attorney reappears to file pleading, it is
presumed that he has been reemployed.
Laput v. Remotigue (1962)
F: supra at Rule 8.01
η Exception: to prevent failure or miscarriage
of justice
H: The solicitor general found that before
respondents filed their appearance, the client
Acceptance of incompatible office
had already filed with the court a pleading
η Lawyer who accepts public office ceases, by
discharging the complainant. The fact that
operation of law, to engage in private
complainant was not able to get a copy was not
practice and becomes disqualified from
the fault of respondents. Also, it was found that
continuing to represent a client in those
Mrs. Barrera dismissed complainant as lawyer
cases which the law prohibits him from doing
because she no longer trusted him because she
so or requires his entire time to be at the
found out that some checks were sent to the
disposal of the government. His qualification
complainant instead of her and that several
to public office terminates attorney-client
withdrawals were made by complainant in her
relationship.
account without her permission.
η Court however does not take judicial notice.
There is no irregularity in the appearance of
Without a withdrawal or manifestation, court
respondents as counsel. Complainants’
may regard him as counsel of record upon
withdrawal and his filing of a motion for the
whom written notice may be served which
payment of his attorney’s fees estop him from
will bind the client.
now complaining that the appearance of
respondent Patlinghug is unprofessional. As for
the respondents, they only entered their
Obando v. Figueras (2000)
appearance after Mrs. Barrera had dispensed of
F: Eduardo’s counsel, Atty. Yuseco filed a
the complainant’s services and after the
Motion to Dismiss against Obando’s petition to
petitioner had voluntarily withdrawn.
Rule 22.01. A lawyer may withdraw η Lawyer should not presume petition for
his services in any of the following case: withdrawal will be granted. He must still
a) When the client pursues an illegal or appear on date of hearing since attorney-
immoral course of conduct in connection client relationship does not terminate
with the matter he is handling; formally until there is a withdraw of record.
b) When the client insists that the lawyer η In criminal case, counsel for accused should
pursue conduct violative of these canons and not ask to be relieved on mere trivial
rules; ground. Nor may he retire from action
c) When his inability to work with co-counsel because accused has confessed to him his
will not promote the best interest of the guilt. Lawyer’s right and duty to extend the
client; best legal assistance to an accused demand
d) When the mental or physical condition of the that he continue representing him
lawyer renders it difficult for him to carry out irrespective of his personal opinion as to his
the employment effectively; client’s guilt.
e) When the client deliberately fails to pay the Procedure for withdrawal
fees for the services or fails to comply with η If without written consent from client, lawyer
the retainer agreement; should file petition for withdrawal in court
f) When the lawyer is elected or appointed to and he must serve copy of his petition upon
public office; and his client and the adverse party at least 3
g) Other similar cases. days before date set for hearing. He should
also give time to client to secure services
NOTES from another lawyer in the case from which
(Agpalo) he is withdrawing.
η Lawyer cannot just withdraw from case since η Ordinarily, court will not relieve lawyer
he has impliedly stipulated that he will without notice to client, except under
prosecute case to conclusion and he owes peculiar circumstances.
the duty to assist in administering justice as
an officer of the court. η Any notice served upon lawyer is notice to
and is binding upon client.
η Lawyer may retire from action with written
consent of client filed in court and a copy Change or Substitution of Counsel
served to adverse party. Such withdrawal
does not require approval of court to take Change of counsel
effect especially if new counsel has entered 1) client discharges attorney with or without
appearance. If there’s no new counsel yet, cause: no consent or notice to lawyer
court may require lawyer’s withdrawal be needed, nor court approval
held in abeyance until appearance of new 2) attorney may initiate move by withdrawing
counsel. his appearance with written consent of client
or with leave of court on some justifiable
η Lawyer may retire from case without client’s ground
consent if court, on notice to the client and 3) substitution of counsel in the form of
the attorney and on hearing, determines application for that purpose: constitutes an
that he ought to be allowed to retire on good appearance of the substituting counsel and is
cause. a polite way of effecting change; compliance
with formalities is necessary since it involves
ethical considerations
η The grounds for withdrawal without client’s
consent are enumerated in Rule 22.01.
Requirements for substitution
1) written application for substitution
Grounds for withdrawal without client’s consent
2) written consent of client
3) written consent of attorney to be substituted
Satisfaction of judgment
η Satisfaction judgment in favor of client does
not by itself extinguish the attorney’s
charging lien. If satisfaction was made in
disregard of attorney’s right when notice had
been previously given to judgment debtor,
the court may, upon motion of the attorney,
NEW CODE OF
vacate such satisfaction and enforce the lien
by issuing a writ of execution for the full
JUDICIAL CONDUCT
amount against judgment debtor.
Enforcement
Sec. 6. A judge disqualified as stated above The Court has adhered and set forth the exacting
may, instead of withdrawing from the standards of morality and decency which every
proceeding, disclose on the records the basis of member of the judiciary must observe. A
disqualification. If, based on such disclosure, the magistrate is judged not only by his official acts
parties and lawyers independently of the judge's but also by his private morals, to the extent that
participation, all agree in writing that the reason such private morals are externalized. He should
for the inhibition is immaterial or unsubstantial, not only possess proficiency in law but should
the judge may then participate in the likewise possess moral integrity for the people
proceeding. The agreement, signed by all parties look up to him as a virtuous and upright man.
and lawyers, shall be incorporated in the record Being the subject of constant public scrutiny, a
of the proceedings. judge should freely and willingly accept
restrictions on conduct that might be viewed as
Sec. 4. Judges shall not participate in the Sec. 13. Judges and members of their
determination of a case in which any member of families shall neither ask for, nor accept, any
their family represents a litigant or is associated gift, bequest, loan or favor in relation to
in any manner with the case. anything done or to be done or omitted to be
done by him or her in connection with the
Sec. 5. Judges shall not allow the use of their performance of judicial duties.
residence by a member of the legal profession to
receive clients of the latter or of other members Sec. 14. Judges shall not knowingly
of the legal profession. permit court staff or others subject to their
influence, direction or authority, to ask for, or
Sec. 6. Judges, like any other citizen, are accept, any gift, bequest, loan or favor in
entitled to freedom of expression, belief, relation to anything done or to be done or
association and assembly, but in exercising such omitted to be done in connection with their
rights, they shall always conduct themselves in duties or functions.
such a manner as to preserve the dignity of the
judicial office and the impartiality and Sec. 15. Subject to law and to any legal
independence of the judiciary. requirements of public disclosure, judges may
receive a token gift, award or benefit as
Sec. 7. Judges shall inform themselves about appropriate to the occasion on which it is made
their personal fiduciary financial interests and provided that such gift, award or benefit might
shall make reasonable efforts to be informed not reasonably be perceived as intended to
influence the judge in the performance of judicial
Aquino v. Luntok (1990) The SC held that Judge Villaluz could voluntarily
F: Petitioners, of the Provincial Auditor’s inhibit himself without any motion by the parties.
office of Camarines Sur, conducted an audit of H: Personal knowledge of the case pending
the Municipal Treasurer of Libmanan, Camarines before him is not one of the causes for the
CANON 3
CODE OF PROFESSIONAL
RESPONSIBILITY A lawyer in making known his legal services shall
(June 21, 1988) use only true, honest, fair, dignifies and
objective information or statement of facts.
Rule 7.02. A lawyer shall not support the A lawyer owes candor, fairness and good faith to
application for admission to the bar of any the court
person known by him to be unqualified in respect
to character, education, or other relevant Rule 10.01. A lawyer shall not do any falsehood,
attribute. nor consent to the doing of any in court; nor
shall he mislead, or allow the Court to be
mislead by any artifice.
A lawyer shall observe and maintain the respect Rule 12.08. A lawyer shall avoid testifying in
due to the courts and to judicial officers and behalf of his client, except:
should insist on similar conduce by others. a) on formal matters, such as the mailing,
authentication or custody of an instrument,
and the like; or
Rule 11.01. A lawyer shall appear in court
b) on substantial matters, in cases where his
property attired.
testimony is essential to the ends of justice,
in which event he must, during his
Rule 11.02. A lawyer shall punctually appear at
testimony, entrust the trial of the case to
court hearings.
another counsel.
Rule 11.03. A lawyer shall abstain from
CANON 13
scandalous offensive or menacing language or
behavior before the Courts.
A lawyer shall rely upon the merits of his cause
and refrain from any impropriety which tends to
Rule 11.04. A lawyer shall not attribute to a
influence, or gives the appearance of influencing
Judge motives not supported by the record or
the court.
have no materiality to the case.
Rule 11.05. A lawyer shall submit grievances Rule 13.01. A lawyer shall not extend
against a Judge to the proper authorities only. extraordinary attention or hospitality to, nor seek
opportunity for, cultivating familiarity with
CANON 12 Judges.
A lawyer shall exert every effort and consider it Rule 13.02. A lawyer shall not make public
his duty to assist in the speedy and efficient statements in the media regarding a pending
administration of justice. case tending to arouse public opinion for or
against a party.
Rule 12.01. A lawyer shall not appear for trial
Rule 13.03. A lawyer shall not brook or invite
unless he has adequately prepared himself on
interference by another branch or agency of the
the law and the facts of his case, the evidence he
government in the normal course of judicial
well adduce and the order of its profference. He
proceedings.
should also be ready with the original documents
for comparison with the copies.
CHAPTER IV
THE LAWYER AND THE CLIENT
Rule 12.02. A lawyer shall not file multiple
actions arising from the same cause.
CANON 14
Rule 12.03. A lawyer shall not, after obtaining
A lawyer shall not refuse his services to the
extensions of time to file pleadings, memoranda
needy.
or briefs, let the period lapse without submitting
the same or offering an explanation for his
Rule 14.01. A lawyer shall not decline to
failure to do so.
represent a person solely on account of the
latter’s race, sex, creed or status of life, or
Rule 15.02. A lawyer shall be bound by the rule Rule 16.04. A lawyer shall not borrow money
on privilege communication in respect of matters from his client unless the client’s interests are
disclosed to him by a prospective client. fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend
Rule 15.03. A lawyer shall not represent money to a client except, when in the interest of
conflicting interests except by written consent of justice, he has to advance necessary expenses in
all concerned given after a full disclosure of the a legal matter he is handling for the client.
facts.
CANON 17
Rule 15.04. A lawyer may, with the written
consent of all concerned, act as a mediator, A lawyer owes fidelity to the cause of his client
conciliator or arbitrator in settling disputes. and he shall be mindful of the trust and
confidence reposed in him.
Rule 15.05. A lawyer, when advising his client
shall give a candid and honest opinion on the CANON 18
merits and probable results of the client’s case,
neither overstating nor understating the A lawyer shall serve his client with competence
prospects of the case. and diligence.
Rule 15.06. A lawyer shall not state or imply that Rule 18.01. A lawyer shall not undertake a legal
he is able to influence any public official, tribunal service which he knows or should know that he
or legislative body. is not qualified to render. However, he may
render such service if, with the consent of his
Rule 18.03. A lawyer shall not neglect a legal Rule 20.02. A lawyer shall, in case of referral,
matter entrusted to him, and his negligence in with the consent of the client, be entitled to a
connection therewith shall render him liable. division of fees in proportion to the work
performed and responsibility assumed.
Rule 18.04. A lawyer shall keep the client
informed of the status of his case and shall Rule 20.03. A lawyer shall not, without the full
respond within a reasonable time to the client's knowledge and consent of the client, accept any
request for information. fee, reward, costs, commission, interest, rebate
or forwarding allowance or other compensation
CANON 19 whatsoever related to his professional
employment from anyone other than the client.
A lawyer shall keep represent his client with zeal
within the bounds of the law. Rule 20.04. A lawyer shall avoid controversies
with clients concerning his compensation and
Rule 19.01. A lawyer shall employ only fair and shall resort to judicial action only to prevent
honest means to attain the lawful objectives of imposition, injustice or fraud.
his client and shall not present, participate in
presenting or threaten to present unfounded CANON 21
criminal charges to obtain an improper
advantage in any case or proceeding. A lawyer shall preserve the confidence and
secrets of his client even after the attorney-
Rule 19.02. A lawyer who has received client relation is terminated.
information that his client has, in the course of
the representation, perpetrated a fraud upon a Rule 21.01. A lawyer shall not reveal the
person or tribunal, shall promptly call upon the confidences or secrets of his client except;
client to rectify the same, and failing which he a) When authorized by the client after
shall terminate the relationship with such client acquainting him of the consequences of the
in accordance with the Rules of Court. disclosure;
b) When required by law;
Rule 19.03. A lawyer shall not allow his client to c) When necessary to collect his fees or to
dictate the procedure in handling the case. defend himself, his employees or associates
or by judicial action.
CANON 20
Rule 21.02. A lawyer shall not, to the
A lawyer shall charge only fair and reasonable disadvantage of his client, use information
fees. acquired in the course of employment, nor shall
he use the same to his own advantage or that of
Rule 20.01. A lawyer shall be guided by the a third person, unless the client with full
following factors in determining his fees. knowledge of the circumstances consents
a) The time spent and the extent of the service thereto.
rendered or required;
b) The novelty and difficulty of the questions Rule 21.03. A lawyer shall not, without the
involved; written consent of his client, give information
c) The importance of the subject matter; from his files to an outside agency seeking such
d) The skill demanded; information for auditing, statistical, bookkeeping,
e) The probability of losing other employment accounting, data processing, or any similar
as a result of acceptance of the proffered purpose.
case;
f) The customary charges for similar services Rule 21.04. A lawyer may disclose the affairs of
and the schedule of fees of the IBP chapter a client of the firm to partners or associates
to which he belongs; thereof unless prohibited by the client.
g) The amount involved in the controversy and
the benefits resulting to the client from the Rule 21.05. A lawyer shall adopt such measures
service; as may be required to prevent those whose
Sec. 5. Judges shall not allow the use of their Sec. 14. Judges shall not knowingly permit court
residence by a member of the legal profession to staff or others subject to their influence,
receive clients of the latter or of other members direction or authority, to ask for, or accept, any
of the legal profession. gift, bequest, loan or favor in relation to
anything done or to be done or omitted to be
Sec. 6. Judges, like any other citizen, are done in connection with their duties or functions.
entitled to freedom of expression, belief,
association and assembly, but in exercising such Sec. 15. Subject to law and to any legal
rights, they shall always conduct themselves in requirements of public disclosure, judges may
Sec. 2. Judges shall not, in the performance of Sec. 6. Judges shall maintain order and decorum
judicial duties, by words or conduct, manifest in all proceedings before the court and be
bias or prejudice towards any person or group on patient, dignified and courteous in relation to
irrelevant grounds. litigants, witnesses, lawyers and others with
whom the judge deals in an official capacity.
Sec. 3. Judges shall carry out judicial duties with Judges shall require similar conduct of legal
appropriate consideration for all persons, such as representatives, court staff and others subject to
the parties, witnesses, lawyers, court staff and their influence, direction or control.
judicial colleagues, without differentiation on any
irrelevant ground, immaterial to the proper Sec. 7. Judges shall not engage in conduct
performance of such duties. incompatible with the diligent discharge of
judicial duties.
Sec. 4. Judges shall not knowingly permit court
staff or others subject to his or her influence, DEFINITIONS
direction or control to differentiate between
persons concerned, in a matter before the judge, In this Code, unless the context otherwise
on any irrelevant ground. permits or requires, the following meanings shall
be attributed to the words used:
Sec. 5. Judges shall require lawyers in
proceedings before the court to refrain from "Court staff" includes the personal staff of the
manifesting, by words or conduct, bias or judge including law clerks.
prejudice based on irrelevant grounds, except
such as are legally relevant to an issue in "Judge" means any person exercising judicial
proceedings and may be the subject of legitimate power, however designated.
advocacy.
"Judge's family" includes a judge's spouse, son,
CANON 6 daughter, son-in-law, daughter-in-law, and any
COMPETENCE AND DILIGENCE other relative by consanguinity or affinity within
the sixth civil degree, or person who is a
Competence and diligence are prerequisites to companion or employee of the judge and who
the due performance of judicial office. lives in the judge's household.
Sec. 1. The judicial duties of a judge take This Code, which shall hereafter be referred to as
precedence over all other activities. the New Code of Judicial Conduct for the
Philippine Judiciary, supersedes the Canons of
Sec. 2. Judges shall devote their professional Judicial Ethics and the Code of Judicial Conduct
activity to judicial duties, which include not only heretofore applied in the Philippines to the
the performance of judicial functions and extent that the provisions or concepts therein
Sec 4. Standards of conduct and supervision.— Sec. 2. National Grievance Investigator. - The
The law student shall comply with the standards Board of Governors shall appoint from among
of professional conduct governing members of IBP members an Investigator or, when special
the Bar. Failure of an attorney to provide circumstances so warrant, a panel of 3
adequate supervision of student practice may be investigators to investigate the complaint. All
a ground for disciplinary action. Investigators shall take an oath of office in the
form prescribed by the Board of Governors. A
copy of the Investigator's appointment and oath
shall be transmitted to the Supreme Court.
An Investigator may be disqualified by reason of
RULE 139-B relationship within the 4th degree of
DISBARMENT & DISCIPLINE OF ATTORNEYS consanguinity or affinity to any of the parties or
Some administrative cases against Justices of Sec. 3. Interpretation. - Unless the context of
the CA and the Sandiganbayan; judges of these Rules otherwise indicates, words in the
regular and special courts; and court officials singular include the plural, and words in the
who are lawyers are based on grounds which are plural include the singular.
likewise grounds for the disciplinary action of
members of the Bar for violation of the Lawyer’s RULE II
Oath, the Code of Professional Responsibility, DEFINITIONS
and the Canons of Professional Ethics, or for
such other forms or breaches of conduct that Sec. 1. Acknowledgment. - "Acknowledgment"
have been traditionally recognized as grounds for refers to an act in which an individual on a single
discipline of lawyers. occasion:
In any of the foregoing instances, the a. appears in person before the notary
administrative case shall also be considered a public and presents an integrally complete
disciplinary action against the respondent instrument or document;
Justice, judge or court official concerned as a b. is attested to be personally known to the
member of the Bar. The respondent may notary public or identified by the notary
forthwith be required to comment on the public through competent evidence of
complaint and show cause why he should not identity as defined by these Rules; and
also be suspended, disbarred or otherwise c. represents to the notary public that the
disciplinarily sanctioned as a member of the Bar. signature on the instrument or document
Judgement in both respects may be incorporated was voluntarily affixed by him for the
in one decision or resolution. purposes stated in the instrument or
This resolution shall supplement Rule 140 of the document, declares that he has executed the
RoC and shall take effect on the first day of Oct. instrument or document as his free and
2002. It shall apply to administrative cases voluntary act and deed, and, if he acts in a
already filed where the respondents have not yt particular representative capacity, that he
been required to comment on the complaints. has the authority to sign in that capacity.
This resolution shall be published in a newspaper
of general circulation in the Philippines. Sec. 2. Affirmation or Oath. - The term
"Affirmation" or "Oath" refers to an act in which
an individual on a single occasion:
a. appears in person before the notary
public;
b. is personally known to the notary public
or identified by the notary public through
competent evidence of identity as defined by
these Rules; and
c. avows under penalty of law to the whole
truth of the contents of the instrument or
document.
2004 RULES ON NOTARIAL PRACTICE
(Aug. 1, 2004)
Sec. 3. Commission. - "Commission" refers to
the grant of authority to perform notarial acts
and to the written evidence of the authority.
RULE I Sec. 4. Copy Certification. - "Copy Certification"
IMPLEMENTATION refers to a notarial act in which a notary public:
a. is presented with an instrument or
Sec. 1. Title. - These Rules shall be known as the document that is neither a vital record, a
2004 Rules on Notarial Practice. public record, nor publicly recordable;
Sec. 6. Jurat. - "Jurat" refers to an act in which Sec. 13. Official Seal or Seal. - "Official seal" or
an individual on a single occasion: "Seal" refers to a device for affixing a mark,
a. appears in person before the notary image or impression on all papers officially
public and presents an instrument or signed by the notary public conforming the
document; requisites prescribed by these Rules.
b. is personally known to the notary public
or identified by the notary public through Sec. 14. Signature Witnessing. -The term
competent evidence of identity as defined by "signature witnessing" refers to a notarial act in
these Rules; which an individual on a single occasion:
c. signs the instrument or document in the a. appears in person before the notary
presence of the notary; and public and presents an instrument or
d. takes an oath or affirmation before the document;
notary public as to such instrument or b. is personally known to the notary public
document. or identified by the notary public through
competent evidence of identity as defined by
Sec. 7. Notarial Act and Notarization. - "Notarial these Rules; and
Act" and "Notarization" refer to any act that a c. signs the instrument or document in the
notary public is empowered to perform under presence of the notary public.
these Rules.
Sec. 15. Court. - "Court" refers to the Supreme
Sec. 8. Notarial Certificate. - "Notarial Court of the Philippines.
Certificate" refers to the part of, or attachment
to, a notarized instrument or document that is Sec. 16. Petitioner. - "Petitioner" refers to a
completed by the notary public, bears the person who applies for a notarial commission.
notary's signature and seal, and states the facts
attested to by the notary public in a particular Sec. 17. Office of the Court Administrator. -
notarization as provided for by these Rules. "Office of the Court Administrator" refers to the
Office of the Court Administrator of the Supreme
Sec. 9. Notary Public and Notaty. - "Notary Court.
Public" and "Notary" refer to any person
commissioned to perform official acts under Sec. 18. Executive Judge. - "Executive Judge"
these Rules. refers to the Executive Judge of the Regional
Trial Court of a city or province who issues a
Sec. 10. Principal. - "Principal" refers to a person notarial commission.
appearing before the notary public whose act is
the subject of notarization. Sec. 19. Vendor - "Vendor" under these Rules
refers to a seller of a notarial seal and shall
Sec. 11. Regular Place of Work or Business. - include a wholesaler or retailer.
The term "regular place of work or business"
refers to a stationary office in the city or Sec. 20. Manufacturer. - "Manufacturer" under
province wherein the notary public renders legal these Rules refers to one who produces a
and notarial services. notarial seal and shall include an engraver and
seal maker.
Sec. 12. Competent Evidence of Identity. - The
phrase "competent evidence of identity" refers to RULE III
the identification of an individual based on: COMMISSIONING OF NOTARY PUBLIC
a. at least one current identification
document issued by an official agency
Sec. 9. Form of Certificate of Authorization to Sec. 14. Action on Application for Renewal of
Purchase a Notarial Seal. -The Certificate of Commission. - The Executive Judge shall, upon
Authorization to Purchase a Notarial Seal shall payment of the application fee mentioned in
substantially be in the following form: Section 3 above of this Rule, act on an
REPUBLIC OF THE PHILIPPINES application for the renewal of a commission
REGIONAL TRIAL COURT OF_____________ within thirty (30) days from receipt thereof. If
CERTIFICATE OF AUTHORIZATION TO PURCHASE the application is denied, the Executive Judge
A NOTARIAL SEAL shall state the reasons therefor.
This is to authorize (name of notary public) of
(city or province) who was commissioned by the RULE IV
undersigned as a notary public, within and for POWERS AND LIMITATIONS OF NOTARIES
the said jurisdiction, for a term ending, the PUBLIC
thirty-first of December (year) to purchase a
notarial seal. Sec. 1. Powers. –
Issued this (day) of (month) (year). a) A notary public is
_______________ empowered to perform the following notarial
Executive Judge acts:
1) acknowledgments;
Sec. 10. Official Seal of Notary Public. - Every 2) oaths and affirmations;
person commissioned as notary public shall have 3) jurats;
only one official seal of office in accordance with 4) signature witnessings;
these Rules. 5) copy certifications; and
6) any other act authorized by
Sec. 11. Jurisdiction and Term. - A person these Rules.
commissioned as notary public may perform b) A notary public is
notarial acts in any place within the territorial authorized to certify the affixing of a
jurisdiction of the commissioning court for a signature by thumb or other mark on an
period of two (2) years commencing the first day instrument or document presented for
of January of the year in which the notarization if:
commissioning is made, unless earlier revoked or 1) the thumb or other mark is
the notary public has resigned under these Rules affixed in the presence of the notary
and the Rules of Court. public and of two (2) disinterested and
unaffected witnesses to the instrument
Sec. 12. Register of Notaries Public. - The or document;
Executive Judge shall keep and maintain a 2) both witnesses sign their own
Register of Notaries Public in his jurisdiction names in addition to the thumb or other
which shall contain, among others, the dates of mark;
issuance or revocation or suspension of notarial 3) the notary public writes below
commissions, and the resignation or death of the thumb or other mark: "Thumb or
notaries public. The Executive Judge shall furnish Other Mark affixed by (name of
the Office of the Court Administrator information signatory by mark) in the presence of
and data recorded in the register of notaries (names and addresses of witnesses) and
public. The Office of the Court Administrator shall undersigned notary public"; and
keep a permanent, complete and updated 4) the notary public notarizes the
database of such records. signature by thumb or other mark
through an acknowledgment, jurat, or
Sec. 13. Renewal of Commission. - A notary signature witnessing.
public may file a written application with the c) A notary public is
Executive Judge for the renewal of his authorized to sign on behalf of a person who
commission within forty-five (45) days before is physically unable to sign or make a mark
the expiration thereof. A mark, image or on an instrument or document if:
impression of the seal of the notary public shall 1) the notary public is directed by
be attached to the application. the person unable to sign or make a
Failure to file said application will result in the mark to sign on his behalf;
deletion of the name of the notary public in the
register of notaries public.
RULE 15
MANDATORY CONTINUING LEGAL EDUCATION
COMMITTEE
LEGISLATIVE AND Sec. 5. This Act shall take effect upon its
EXECUTIVE approval.
Sec. 2. As used in this Act, the term "indigent" Sec. 2. If the court determines that the petition
shall refer to a person who has no visible means for transportation allowance is meritorious, said
of income or whose income is insufficient for the court shall immediately issue an order directing
subsistence of his family, to be determined by the provincial, city or municipal treasurer to pay
the fiscal or judge, taking into account the the indigent litigant the travel allowance out of
members of his family dependent upon him for any funds in his possession and proceed without
subsistence. delay to the trial of the case. The provincial, city
or municipal treasurer shall hold any such
Sec. 3. An indigent who is the offended party, payments as cash items until reimbursed by the
respondent or an accused in a criminal case and national government.
who desires to avail of the preference granted
under this Act shall file a sworn statement of the Sec. 3. All payments of travel allowances made
fact of his being indigent and the said sworn by provincial, city and municipal treasurer under
statement shall be sufficient basis for the court this Act as of October 31 each year, shall be
or fiscal to give preference to the trial and transmitted to the Commissioner of the Budget
disposition of such criminal case. not later than November 30 each year for
inclusion in the annual General Appropriations
Act. The necessary sum is hereby authorized to
Sec. 4. Any wilful or malicious refusal on the part
of any fiscal or judge to carry out the provisions
RA 6035 (1969) Sec. 4. This Act shall apply to all indigent or low
income litigants who, at the time of its approval,
have pending cases in any fiscal office, court, or
quasi-judicial body or administrative tribunal.
AN ACT REQUIRING STENOGRAPHERS TO GIVE
FREE TRANSCRIPT OF NOTES TO INDIGENT AND Sec. 5. The Department of Justice shall prescribe
LOW INCOME LITIGANTS AND PROVIDING A such rules and regulations as may be necessary
PENALTY FOR THE VIOLATION THEREOF. to carry out the purposes of this Act, and the
Department Head concerned shall provide the
Sec. 1. A stenographer who has attended a necessary supplies and authorize the use of
hearing before an investigating fiscal or trial government equipment by the stenographers
judge or hearing commissioner of any quasi- concerned.
judicial body or administrative tribunal and has
officially taken notes of the proceeding thereof Sec. 6. This Act shall take effect upon its
shall, upon written request of an indigent or low approval.
income litigant, his counsel or duly authorized
representative in the case concerned, give within Approved: August 4, 1969.
a reasonable period to be determined by the
fiscal, judge, commissioner or tribunal hearing
the case, a free certified transcript of notes take
by him on the case.
P.D. 543 (1974)
Sec. 2. A litigant who desires to avail himself of
the privilege granted under Section one hereof
shall, at the investigation, hearing, or trial,
establish his status as an indigent or low income
litigant and the investigating fiscal or judge or AUTHORIZING THE DESIGNATION OF
commissioner or tribunal hearing the case shall MUNICIPAL JUDGES AND LAWYERS IN ANY
resolve the same in the same proceeding. BRANCH OF THE GOVERNMENT SERVICE TO ACT
For the purpose of this Act, an "indigent or low AS COUNSEL DE OFICIO FOR THE ACCUSED
income litigant" shall include anyone who has no WHO ARE INDIGENT IN PLACES WHERE THERE
visible means of support or whose income does ARE NO AVAILABLE PRACTICING ATTORNEYS
not exceed P300 per month or whose income
even in excess of P300 per month is insufficient WHEREAS, under existing law, Municipal Judges
for the subsistence of his family, which fact shall and other lawyers in the government service are
be determined by the investigating fiscal or trial prohibited from practicing law;
judge or commissioner or tribunal hearing the WHEREAS, there are some places where there
case taking into account the number of the are no available legal practitioners, as a result of
members of his family dependent upon him for which the trial of cases in court is delayed to the
subsistence. prejudice particularly of detention prisoners;
WHEREAS, for the protection of the rights of the
Sec. 3. Any stenographer who, after due hearing accused who cannot afford to hire lawyers from
in accordance with the pertinent provisions of other places and to prevent miscarriage of
R.A. 2260, as amended, has been found to have justice, it is necessary that they be provided with
violated the provisions of Section one of this Act counsel;
or has unreasonable delayed the giving of a free
certified transcript of notes to an indigent or low NOW, THEREFORE, I, FERDINAND E. MARCOS,
income litigant shall be subject to the following President of the Philippines, by virtue of the
disciplinary actions: powers in me vested by the Constitution as
commander-in-Chief of the Armed Forces of the