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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.

Introduction WHAT CONSTITUTES THE PRACTICE OF LAW

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.

The unification of the bar is Constitutional.


η The practice of law is a mere privilege.
Conferred only for merit, earned by hard
(1) It does not impinge upon freedom of
study, learning and good conduct. But in a
association because it does not make the lawyer
sense a right: not lightly or capriciously
part of any group of which he is not already a
restricted
member and simply provides an official
organization for the well-defined but unorganized
and incohesive group of which every lawyer is
already a member.
η Not practice of law: writing law books/
legal articles, teaching
(2) The IBP’s fees are inherent in the power to
regulate the Bar. They are a proper exercise of
police power.
 Ulep v Legal Clinic, Inc (1993)
The Legal Clinic was enjoined from issuing
(3) Freedom of speech is not impaired because
the exaction of fees is a valid exercise of the advertisements representing itself as “practicing
law” as the Clinic was not properly a legal firm.
SC’s regulatory powers.
Practice of law was defined as “any activity, in or
Integration of the bar was found to be called for
at the time (1973) because of the beneficial out of court, which requires the application of
law, legal procedures, knowledge, training and
experience foreign jurisdictions upon such
integration and because of the overwhelming experience.”
national demand of Filipino lawyers made
evident in by official statistics. The advertisements regarding secrete marriages,
divorce, annulment, absence, and visa were

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understood to be representing the legal clinic as service of his livelihood or in consideration of his
tendering legal advise to clients. The Court said service.
could not believe that information was simply
(3) Application of law, legal principles, practice,
provided and that the clinic did not engage in
or procedure-calls for legal knowledge, training
advisory or diagnostic services.
and experience.
(4) Attorney-client relationship- hence, teaching
 Cayetano v. Monsod (1991) law or writing law books are not considered a
F: The SC held that Monsod satisfied the “practice of law”.
qualification of 10 year practice of law demanded
by the position of COMELEC chairperson to which Monsod did not perform any of the tasks which
he had been nominated because practice of law constitute the practice of law HABITUALLY for at
means any activity, in or out of the court, which least 10 years prior to his appointment. Petition
requires the application of law, legal procedure, GRANTED
knowledge, training and experience. Monsod
had worked as an economist, had been the CEO
of a bank and had been a member of the
REQUIREMENTS FOR ADMISSION
ConCom 0f 1986, all activities which constituted
TO THE PRACTICE OF LAW
practice of law.

H: Practice of law means any activity, in or


out of court, which requires the application of IN A NUTSHELL
law, legal procedure, knowledge and training and Requirements
experience. It is to give notice or render any 1. Citizenship
kind of service, which device or service requires 2. Residence
the use in any degree of legal knowledge or skill. 3. 21 years of age
4. good moral character
Monsod after passing the bar, worked in his 5. no charges against him involving moral
father’s firm for 1 year, then worked as an turpitude
operations officer in the World Bank Group, then 6. Legal Education
a chief executive officer with the Meralco Group, a. Pre-Law
then a legal and economic consultant, then a b. Law Proper
National Chairman for NAMFREL, member of the 7. Bar Examination
Davide Commission and a member of the 8. Lawyer’s Oath
Constitutional Commission.
Interpreted in the light of the various definitions
of the term “practice of law”, particularly the  Rule 138, sec. 2. Requirements
modern concept of law practice, and taking into for all applicants for admission to the bar.—Every
consideration the liberal construction intended by applicant for admission as a member of the bar
the framers of the constitution, Atty. Monsod’s must be a citizen of the Philippines, at least
past work experience as a lawyer-economist, twenty-one years of age, of good moral
lawyer-manager, lawyer-entrepreneur of character, and a resident of the Philippines; and
industry, a lawyer-negotiator of contracts, and a must produce before the Supreme Court
lawyer-legislator verily more than satisfy the satisfactory evidence of good moral character,
constitutional requirement. and that no charges against him, involving moral
turpitude, have been filed or are pending in any
court in the Philippines.
Padilla, Dissenting
Practice of law-exercise or pursue an
employment or profession, actively, habitually,
repeatedly or customarily. There must be
continuity or a succession of acts. LEGAL EDUCATION

Commission on Appointments several factors to 1. PRE-LAW


determine “practice of law”:
 Rule 138, sec. 6. Pre-Law.—No
(1) Habituality -customarily or frequently holding
applicant for admission to the bar examination
one’s self out to the public as a lawyer
shall be admitted unless he present a certificate
(2) Compensation- his professional services are that he has satisfied the Sec. of Education that,
available to the public for compensation, as a he began the study of law, he had pursued and
satisfactorily complete in an authorized and

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recognized university or college, requiring for to continue handling cases in his private practice
admission thereto the completion of a four-year of law. Only Filipino citizens may practice law in
high school course, the course of study the Philippine. This requirement is prescribed by
prescribed therein for a bachelor’s degree in arts the Constitution, XII 14, and the RoC, 2 Rule
or sciences with any of the following subjects as 138.
major or field of concentration: political science,
logic, english, spanish, history and economics. Ratio: “Since one of the solemn duties of an
attorney is to maintain allegiance to the RP and
 In re Telesforo Diao (1963) to support the Constitution and obey the laws of
The SC ordered the Clerk to strike Diao’s name the Phils (20(a) Rule 138 RoC), it follows that a
from the roll of attorney’s as he was not qualified Filipino citizen admitted to the Phil Bar must
to take the bar exams due to his false maintain such citizenship to remain qualified for
representations. He started studying law six the practice of law in this country.”
months before obtaining his arts degree.

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.

 Rule 138, sec. 9. Examination;


subjects.—Applicants, not otherwise provided for
CITIZENSHIP in sections 3 and 4 of this rule, shall be
subjected to examinations in the following
 Const. art. XII, sec. 14. The subjects: Civil Law; Labor and Social Legislation;
practice of all professions in the Philippines shall Mercantile Law; Criminal Law; Political Law
be limited to Filipino citizens, save in cases (Constitutional Law, Public Corporations, and
prescribed by law. Public Officers); International Law (Private and
Public); Taxation; Remedial Law (Civil Procedure,
Criminal Procedure, and Evidence); Legal Ethics
 In re Arturo Castillo Reyes (1993) and Practical Exercises (in Pleading and
Petitioner’s name was struck from the roll of Conveyancing).
attorney’s due to the following facts: graduated
from UP College of Law in 1939; passed the bar  Rule 138, sec. 10. Bar
in 1939; inducted to and served in the US Armed examination, by questions and answers, and in
Forces in the Far east during WWII and thus writing.—Persons taking the examination shall
became eligible for citizenship under the 1990 not bring papers, books or notes into the
US Immigration Act; became a naturalized examination rooms. The questions shall be the
citizen of the US in 1993. Likewise, his petition

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same for all examinees and a copy thereof, in and further disciplinary action, including
English or Spanish, shall be given to each permanent disqualification, may be taken in the
examinee. Examinees shall answer the questions discretion of the court.
personally without help from anyone.
Upon verified application made by an examinee  Rule 138, Sec. 14. Passing
stating that his penmanship is so poor that it will average.—In order that a candidate may be
be difficult to read his answers without much loss deemed to have passed his examinations
of time, the Supreme Court may allow such successfully, he must have obtained a general
examinee to use a typewriter in answering the average of 75 % in all subjects, without falling
questions. Only noiseless typewriters shall be below 50 % in any subject. In determining the
allowed to be used. average, the subjects in the examination shall be
given the following relative weights: Civil Law,
The committee of bar examiners shall take such 15 %; Labor and Social Legislation, 10 %;
precautions as are necessary to prevent the Mercantile Law, 15 %; Criminal Law; 10 %;
substitution of papers or commission of other Political and International Law, 15 %; Taxation,
frauds. Examinees shall not place their names on 10 %; Remedial Law, 20 %; Legal Ethics and
the examination papers. No oral examination Practical Exercises, 5 %.
shall be given.
 Rule 138, sec. 15. Report of the
 Rule 138, sec. 11. Annual committee; filing of examination papers.—Not
examination.—Examinations for admission to the later than February 15th after the examination,
bar of the Philippines shall take place annually in or as soon thereafter as may be practicable, the
the City of Manila. They shall be held in four committee shall file its reports on the result of
days to be designated by the chairman of the such examination. The examination papers and
committee on bar examiners. The subjects shall notes of the committee shall be fixed with the
be distributed as follows: clerk and may there be examined by the parties
1st day:Political and International Law (morning) in interest, after the court has approved the
and report.
Labor and Social Legislation
(afternoon);  Rule 138, Sec. 16. Failing
2nd day: Civil Law (morning) and candidates to take review course.—Candidates
Taxation (afternoon); who have failed the bar examinations for three
3rd day: Mercantile Law (morning) and times shall be disqualified from taking another
Criminal Law (afternoon); examination unless they show to the satisfaction
4th day: Remedial Law (morning) and of the court that they have enrolled in and
Legal Ethics and Practical Exercises passed regular fourth year review classes as well
(afternoon). as attended a pre-bar review course in a
recognized law school.
 Rule 138, Sec. 12. Committee of The professors of the individual review subjects
examiners. —Examinations shall be conducted by attended by the candidates under this rule shall
a committee of bar examiners to be appointed by certify under oath that the candidates have
the Supreme Court. This committee shall be regularly attended classes and passed the
composed of a Justice of the Supreme Court, subjects under the same conditions as ordinary
who shall act as chairman, and who shall be students and the ratings obtained by them in the
designated by the court to serve for one year, particular subject.
and eight members of the bar of the Philippines,
who shall hold office for a period of one year.
The names of the members of this committee
shall be published in each volume of the official  In re Adriano Hernandez (1993)
reports. The SC allowed Hernandez to take the 1993 Bar
Exams of the Phil despite having graduated from
 Rule 138, Sec. 13. Disciplinary the Columbia Law School and having passed the
measures.—No candidate shall endeavor to bar exam in the State of New York. He had
influence any member of the committee, and taken review classes in the Ateneo de Manila Law
during examination the candidates shall not School.
communicate with each other nor shall they give
or receive any assistance. The candidate who The SC, however, pointed out that beginning
violates this provision, or any other provision of 1994, graduates of foreign law school would not
this rule, shall be barred from the examination, be allowed to take the bar. An applicant should
and the same to count as a failure against him,

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study law in a local school and follow the
requirements of 5-6 Rule 138, RoC. NOTES
(Agpalo)
η an applicant must show that no charges
 In re Amparo (1975) against him involving moral turpitude, have
Amparo was caught reading piece of paper inside been filed or pending in court in the
the examination room in the course of the 1974 Philippines
bar exam in criminal law. He admitted having in
his possession the paper that carried the table of η the concealment or withholding from the
penalties explaining that the paper fell from his court of the fact that an applicant has been
pocket when he took his handkerchief from his charged with or indicted for an alleged crime
pocket to wipe his perspiration. is a ground for disqualification

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

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conviction for Reckless Imprudence Resulting to habitual; locality where licensed member of
Homicide for the death of a neophyte during bar is not available; person/resident of good
fraternity initiation in which he was one of the repute for probity and ability to aid
initiators. To prove that he was of good moral defendant; NOT IN ANY OTHER COURT
character, he presented 15 certifications of such
and also submitted that he and his co-accused η Supreme Court can validly authorise a
had established in cooperation with the victim’s layman to represent litigant in court
family, a scholarship foundation in honor of the
hazing victim. The SC granted Argosino’s η Question: Can legislature can permit by law
petition. a layman to appear on another’s behalf in
court or administrative tribunals. Yes, in
cadastral courts, NLRC ok; otherwise NO

LAWYER’S OATH η 3 limitations:


1. layman should confine work to non-
I _____ , do solemnly swear that I will maintain adversarial contentions
allegiance to the RP: I will support and defend its 2. not habitually rendered
Constitution and obey the laws as well as the 3. not charge for payment
legal orders of the duly constituted authorities
therein; I will do no falsehood nor consent to its
commission; I will not wittingly or willingly Exception 3: Litigation by Party
promote or sue any groundless, false or unlawful
suit nor give aid nor consent to the same; I will  Rule 138, Sec. 34. By whom litigation
not delay any man’s cause for money or malice conducted.—In the court of a justice of the peace
and will conduct myself as a lawyer according to (now, MTC) a party may conduct his litigation in
the best of my knowledge and discretion with all person, with the aid of an agent or friend
good fidelity as well to the court as to my appointed by him for that purpose, or with the
clients; and I will impose upon myself this aid of an attorney. In any other court, a party
obligation voluntarily, without any mental may conduct his litigation personally or by aid of
reservation or purpose of evasion. So help me an attorney, and his appearance must be either
God. personal or by a duly authorized member of the
bar.

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.

Exception 2: Agent 2. In the RTC and Appellate


Courts, a party in a civil suit may conduct his
NOTES litigation either personally or by attorney
(Agpalo) unless the party is a juridical person.

3. And even if he has chosen to appear by


η Metropolitan/ Municipal Trial Court: one may
counsel, he may at any time dispense with the
be represented by an agent: In such cases,
services of his lawyer and prosecute or defend
no attorney-client relationship exists; not
his case personally.

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(1) The Law and Society;
Waiver to right of counsel in criminal proceedings (2) The Lawyer and the Legal Profession;
(3) The Lawyer and the Courts; and
η The right to counsel of an accused is (4) The Lawyer and the Clients.
absolute or immutable. HOWEVER, his option
to secure the services of counsel de parte is η The Code is binding upon all lawyers and
not absolute. The trial court may restrict his failure to live up to any of its provision is a
option to retain a counsel de parte if a) the ground for disciplinary action.
accused insists on an attorney he cannot
afford b) chosen counsel is not a lawyer or c)
the attorney declines to represent the
accused for a valid reason, in which case the Nature of Office of Attorney
trial court can appoint his counsel de oficio η The title “attorney” is reserved to those who,
to represent him. Sec 1 (c) of Rule 115 having obtained the necessary degree in the
provides that an accused may waive his right study of law, and passed the bar
to counsel but if he cannot protect his rights examinations, have been admitted to the
without the assistance of a counsel, the Integrated Bar of the Philippines and remain
Court should advise him to secure a counsel members thereof of good standing; and it is
de parte or appoint a counsel de officio to they only who are authorized to practice law
represent him. in the Philippines.

η An attorney is more than a mere agent


because
a) he possesses special powers of trust and
confidence reposed in him by his client

b) he is as independent as the judge


CODE OF
c) his powers are entirely different and far
PROFESSIONAL superior to those of an ordinary agent.

RESPONSIBILITY η He is a public officer although he is not an


officer in the constitutional or statutory
meaning of the term. He occupies a quasi-
judicial office because he is in fact an officer
NOTES of the court and thus, is subject to the
(Agpalo) disciplinary authority of the court and to its
orders and directives with respect to his
History of the Development of Ethical relation to the court as well as to his client.
Standards for Lawyers
η 13th and 14th century: Requirement of the Privileges of attorney
lawyer’s oath and the statement of his duties - A lawyer has the privilege and right to
practice law during good behavior before any
η 1917: The Philippine Bar adopted, as its judicial, quasi-judicial or administrative
own, Canons 1 to 32 of the Canons of tribunal.
Professional Ethics of the American Bar
Association. 1946: It again adopted, as its
own, Canons 33 to 47 of the Canons of
- An attorney enjoys the presumption of
regularity in the discharge of his duty. (i.e.
Professional Ethics of the American Bar
He is immune, in the performance of his
Association
obligation to his client, from liability to a
third person insofar as he does not
η 1980: The Integrated Bar of the Philippines
materially depart from his character as a
adopted a proposed Code of Professional
quasi-judicial officer.)
Responsibility which it later submitted to the
Supreme Court for approval
- There are also privileges inherent in his
status as a quasi-judicial officer. (i.e. the law
η June 21, 1988: The Supreme Court
makes his passing the bar examination
promulgated the Code of Professional
equivalent to a first grade or second grade
Responsibility. The Code consists of 22
civil service eligibility.)
Canons and 77 Rules, which are divided into
4 chapters namely:

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operating as a trusted agent of his
Duties of Office client), and personal obligations (an
attorney operating as a self-employed
 Rule 138, sec. 20. Duties of businessman).
attorneys.--It is the duty of an attorney:
a) To maintain allegiance to the Republic of the  The rules and ethics of the legal
Philippines and to support the Constitution profession demand that an attorney
and obey the laws of the Philippines; subordinate his personal and private
b) To observe and maintain the respect due to duties to those, which he owes, to the
the courts of justice and judicial officers; court and to the public. His obligation to
his client, in turn, takes precedence over
c) To counsel or maintain such actions or
his duties to himself.
proceedings only as appear to him to be
just, and such defenses only as he believes
to be honestly debatable under the law;
d) To employ, for the purpose of maintaining
the causes confided to him, such means only
as are consistent with truth and honor, and
never seek to mislead the judge or any
Chapter 1
judicial officer by an artifice or false
statement of fact or law; The Lawyer and Society
e) To maintain inviolate the confidence, and at
every peril to himself, to preserve the
secrets of his client, and to accept no CANON 1
compensation in connection with his client's PROMOTE & RESPECT LAW & LEGAL
business except from him or with his PROCESSES
knowledge and approval;
f) To abstain from all offensive personality and
to advance no fact prejudicial to the honor or In General
reputation of a party or witness, unless
required by the justice of the cause with  Canon 1. A lawyer shall uphold
which he is charged; the constitution, obey the laws of the land and
promote respect for law and legal process.
g) Not to encourage either the commencement Rule 1.01. A lawyer shall not engage in
or the continuance of an action or unlawful, dishonest, immoral or deceitful
proceeding, or delay any man's cause, from conduct.
any corrupt motive or interest; Rule 1.02. A lawyer shall not counsel or
h) Never to reject, for any consideration abet activities aimed at defiance of the law or at
personal to himself, the cause of the lessening confidence in the legal profession.
defenseless or oppressed; Rule 1.03. A lawyer shall not, for any
i) In the defense of a person accused of crime, corrupt motive or interest, encourage any suit or
by all fair and honorable means, regardless delay any man’s cause.
of his personal opinion as to the guilt of the Rule 1.04. A lawyer shall encourage his
accused, to present every defense that the clients to avoid, end or settle a controversy if it
law permits, to the end that no person may will admit of a fair settlement.
be deprived of life or liberty, but by due
process of law.
 Zaldivar v. Gonzales (1988)
F: The SC indefinitely suspended Tanodbayan
Raul Gonzales form the practice of law upon a
Note: finding that he was guilty of contempt of court
 The duties of an attorney may be and of gross misconduct as an officer of the
classified into those, which he owes to court and member of the Bar. Gonzales filed a
the court, to the public, to the bar and motion for reconsideration which made the
to his client. following statements, which were unrelated to
legal issue: that he was twice approached by a
 The duties may also be classified into leading member of SC to “go slow” on the
public (operating as a faithful assistant accused and “not to be too hard;” that he was
of the court in search of a just solution approached and asked to refrain from
to disputes), private (an attorney investigating the COA reports on illegal

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
9
disbursements in the SC; that he was called over
the phone several times by a leading member of  Rule 1.01. A lawyer shall not
SC and was asked to dismiss cases against two engage in unlawful, dishonest, immoral or
members of SC. The Court held that: deceitful conduct.

H: The SC has plenary disciplinary authority over NOTES


attorneys. This authority stems from the Court’s (Agpalo)
constitutional mandate to regulate admission to
the practice of law, which includes authority to Unlawful conduct
regulate the practice of law. It is also an inherent η act or omission which is against the law
power incidental to the proper administration of
justice and essential to an orderly discharge of Dishonest act
judicial functions. Moreover, the SC has power to η act of lying or cheating
punish for contempt anyone connected with a
case at bar to protect it from improper Immoral or deceitful conduct
interference with due administration of justice. η one that involves moral turpitude.
This is not dependent upon the complaint of any
of the parties. Gross immorality
η A grossly immoral act is one that is so
The power to punish for contempt and power to corrupt and false as to constitute a criminal
discipline attorneys are two inherent powers of act or so unprincipled or disgraceful as to be
the Court. With respect to lawyers, the reprehensible to a high degree. (ex.
disciplinary powers of SC is broader in scope Adultery)
than the power to punish for contempt since it
may cover any misconduct other than contempt. η Mere intimacy between a man and a woman,
The power to punish for contempt however may either of whom possesses no legal
apply to both lawyers and non-lawyers. impediment to marry, voluntarily carried on
and devoid of any deceit on the part of the
Although the Court, in deciding Gonzales’ case, lawyer, is neither so corrupt nor unprincipled
may act as offended party, prosecutor and as to warrant imposition of disciplinary
arbiter at the same time, it is exercising its sanction, even if the woman gives birth to a
powers. As held in In Re Almacen, disciplinary child, so long as he admits paternity.
proceedings are sui generis (one of its kind). It is Disowning child or refusing to support it may
neither purely civil nor purely criminal since it is be ground for disciplinary action.
an investigation as to whether the attorney is
still fit to be allowed the privilege as such. Public η Cohabitation per se is not immoral,
interest is its primary objective. depending on surrounding circumstances.

On Gonzales’ principal defense of freedom of η The question as to whether an act is so


speech: Freedom of expression and of speech is unprincipled or so disgraceful as to be
not absolute and needs an occasion to be reprehensible to a high degree presents a
adjusted to and accommodated with the more difficult problem for the answer may,
requirements of equally important public to some extent, depend upon the prejudice,
interests—one of which is the maintenance of the caprice and bias of the court and the general
integrity and orderly functioning of the concept of morality prevailing at the time.
administration of justice. There is no antimony
between free expression and the integrity of the η It is not necessary that there be prior
system of administering justice. Both are conviction for a lawyer’s act to be grossly
indispensable to a free society. However, a immoral; it is enough that the act charged,
lawyer’s right of free expression may have to be in the language of the law, constitute a
more limited than that of a layman. Moreover, as crime.
special prosecutor, he owes duties of fidelity and
respect to RP and SC more than a private η Even if evidence is not sufficient to hold
lawyer. Besides, the nature and manner of lawyer liable for gross immorality, reprimand
Gonzales’ criticism exceeded the bounds of may be proper where evidence shows failure
decency and propriety. to comply with rigorous standards of conduct
appropriately required from the members of
the Bar and officers of the court. As officers
RULE 1.01 of the court, lawyers must not only in fact be
NO UNLAWFUL, DISHONEST, IMMORAL OR of good moral character but must also be
DECEITFUL CONDUCT seen to be of good moral character.

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
10
Court also noted that disbarment is not
tantamount to a deprivation of property without
Conviction of a crime involving moral turpitude due process of law. The purpose of a proceeding
η Moral turpitude means anything which is for disbarment is “to protect the administration
done contrary to justice, honesty, modesty of justice by requiring that those who exercise
or good morals, or to any act of vileness, this important function shall be competent,
baseness or depravity in the private and honorable and reliable.” A proceeding for
social duties that a man owes his fellowmen disbarment is not in any sense a civil action.
or to society, contrary to the accepted rule Disciplinary proceedings involve no private
of right and duty between man and man. interest and afford no redress for private
grievance. They are prosecuted solely for the
η In general, all crimes of which fraud or public welfare and for preserving courts of justice
deceit is an element or those which are from the official ministrations of persons unfit to
inherently contrary to rules of right conduct, practice them. Furthermore, the Court held took
honesty or morality in a civilized community notice of the fact that it took an inordinate length
involve moral turpitude. of time for the respondent to responding to the
Court’s requirement that he submit his Comment
Fraudulent transactions on the original petition to disbar him. He
η Commission of fraud or falsehood show that squandered away 7 years to have his day in
the lawyer is unfit to manage the legal court. These acts constitute a willful
business of others, unworthy of public disobedience of the lawful orders of the Court,
confidence and devoid of high sense of which under Sec. 27 of Rule 138 is in itself a
morality and fair dealing expected and cause sufficient for disbarment.
required of a member of the bar. (ex.
misappropriating money, falsifying power of
attorney to collect money, etc...)  Ui v. Bonifacio (2000)
The SC found that the imprudence of an attorney
(Aguirre) who married a man already previously married
(without initially knowing that he was in fact
Immoral Conduct married but, upon acquiring such knowledge, cut
off all ties with him) did not constitute immoral
η that which is willful, flagrant or shameless
conduct sufficient for her disbarment. The Court
and which shows a moral indifference to the
emphasized that the practise of law is a privilege
opinion of the good and respectable
which can be revoked once a lawyer violates his
members of the community.
oath and that the dictates of legal ethics and the
requisite of good moral character in the
Moral Turpitude
admission to the practise of law must be
η includes any act done contrary to justice,
continuous as a requirement to the enjoyment of
honesty, modesty or good morals
the privilege of the practise of law. Furthermore
lawyers, as keepers of public faith, are burdened
Conduct
with a higher degree of social responsibility and
η as used in this rule is not limited to conduct
thus must handle their personal affairs with
exhibited in connection with the performance
grater caution. The respondent was imprudent
of professional duties.
in the sense that she should have investigated
the fact that the man with whom she had
relations was married. Nevertheless, the fact
 Barrios v. Martinez (2004)
that she distanced herself from him shows that
Violation of BP 22 is a crime involving moral
she displayed no moral indifference. The Ratio
turpitude. Moral turpitude “includes everything
decidendi of the Court is that the requisite of
which is done contrary to justice, honesty,
good moral character in the admission to the
modesty, or good morals”. It involves an act of
practise of law must be continuous as a
baseness, vileness, or depravity in the private
requirement to the enjoyment of the privilege of
duties which a man owed his fellowmen, or to
the practise of law. It is the bounden duty of
society in general, contrary to the accepted and
lawyers to adhere unwaveringly to the highest
customary rule of right and duty between man
standards of morality.
and woman, or conduct contrary to justice,
honesty, modesty, or good morals. The act of a
lawyer in issuing a check without sufficient funds
 Sebastian v Calis (1999)
to cover the same constitutes such willful
Atty. Calis’ was found guilty of gross misconduct
dishonesty and immoral conduct as to undermine
by engaging in unlawful, dishonest, immoral or
the public confidence in law and lawyers. The
deceitful conduct for deceiving Sebastian that he

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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11
could provide her with working travel papers to Despite there being not attorney-client
the US. relationship between Lisazo and Amante, the SC
found Atty. Amante guilty of malpractice and
dishonesty in his profession for failing to return
 Co v Bernardino (1998) Lisazo’s money despite repeated demands.
The SC found Bernardino guilty of violation of
Rule 1.01 of the Code for procuring personal
loans through insinuations of his power as an  Bautista v. Gonzales (1990)
influence peddler in the Bureau of Customs, the The purchase by a lawyer of his client’s property
issuance of a series of bad checks and the taking in litigation constitutes a breach of professional
of undue advantage of his position in the ethics for which a disciplinary action may be
aforementioned government office. brought against him that he expressly violated
the law prohibiting a lawyer from acquiring his
client’s property involved in any litigation in
 Figueroa v. Barranco (1997) which he may take part by virtue of his
Atty. Barranco was not disbarred despite the fact profession (1491 CC)
that he had sexual congress with Patricia By failing to disclose to his client that a land had
Figueroa with whom he begot a child, promised already been sold at a public auction prior to the
that he would marry her after he passed the bar execution of a land development agreement,
but then married another woman. The Court held Gonzales failed to live up to the rigorous
that grossly immoral conduct is one that is so standards of ethics of the law profession which
corrupt and false as to constitute a criminal act place a premium on honesty and condemn
or so unprincipled or disgraceful as to be duplicitous conduct.
reprehensible to a high degree. Mere intimacy
between a man and a woman, both of whom By submitting falsified documents wherein 2
possess no impediment to marry, voluntarily signatories were made to appear as having fixed
carried on and devoid of any deceit on the part their signatures, Gonzales acted in willful
of the respondent, is neither so corrupt nor so disregard of his solemn duty as a lawyer to act
unprincipled as to warrant the imposition of at all times in a manner consistent with the
disciplinary sanction against him, even if as a truth.
result of such relationship a child is born out of
wedlock. The acts were consensual, as proven by
the years of their amicable and intimate  People v Tuanda (1989)
relations. A conviction for violating a special law, BP 22 for
example, is sufficient ground for finding an
attorney guilty of moral turpitude and thus
 Castillo vda Mijares v Villaluz (1997) subject to administrative proceedings.
SC found Justice Villaluz guilty of deceitful and
grossly immoral conduct for marrying Judge
Castillo despite having previously been married  Cordova v Cordova (1989)
and then subsequently marrying a third woman. The reconciliation between the Atty. husband
and his wife who had initiated the administrative
proceedings against him for engaging in an
 Fernandez v Grecia (1993) adulterous and clearly immoral relationship does
Atty. Grecia was guilty of violating Canon 1 by not “wipe away the misconduct and immoral
surreptitiously tearing of two pages of medical behavior.”
records which were evidence in a case he was
handling.
 In re Vailoces (1982)
Plenary pardon does not of itself warrant
 In re Lontok (1992) reinstatement, evidence of reformation must first
Lontok was convicted of bigamy but was issued a be present. Vailoces was guilty of falsification of
pardon by the Governor General. The SC held public documents. The President then granted
that where disbarrment proceedings depend plenary pardon. The plenary pardon does not
solely on a conviction for violation of a statute, itself warrant reinstatement. The SC found
the pardon of the crime for which the attorney however that he had regained the trust of his
had been convicted bars the administrative fellow lawyer and thus was readmitted into the
proceeding. practice of law.

 Lisazo v Amante (1991)  Arciga v. Maniwang (1981)

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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12
The SC found that Atty Maniwang should not be manifest and are impartial against his client.
disbarred despite having engaged in repeated The Court held that Canon 11 of the Code of
acts of cohabitation with Arciga which resulted in Professional Responsibility mandates that a
the birth of their son and then having married lawyer should observe and maintain the respect
another woman despite promises that he would due to the courts and judicial officers, and insist
marry Arciga. on similar conduct by others. Paguia, in liberally
imputing sinister and devious motives and
questioning the impartiality, integrity and
authority of the members of the Supreme Court,
succeeded in seeking to impede, obstruct and
 In re Gutierrez (1962) pervert the dispensation of justice. Rule 13.02
Gonzales was convicted of murder but was then of the Code of Professional Responsibility
granted conditional pardon by the President. prohibits a member of the bar from making
When the pardon is conditional and merely public statements on a case that may tend to
remits the unexecuted portion of the penalty, arouse public opinion for or against any party.
administrative proceedings cannot be With already an earlier admonition, Paguia is
automatically barred. indefinitely suspended for conduct unbecoming
of a lawyer.

 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

NOTES  Rule 1.03. A lawyer shall not, for


(Agpalo) any corrupt motive or interest, encourage any
suit or delay any man’s cause.
η Rule 1.02 requires that the lawyer should
not promote an organization known to be NOTES
violating the law nor assist it in a scheme (Agpalo)
which he knows is dishonest. He should not
allow his services to be engaged by an η To stir up litigation is a crime known as
organization whose member as violating the “maintenance” at common law.
law, to defend them when they get caught.
η Among the unprofessional acts that are
prohibited include: volunteering advice to
 Estrada v. Sandiganbayan (2003) bring lawsuit (except when ties of blood,
The SC indefinitely suspended Atty. Paguia for relationship, or trust make it his/her duty to
making claims that the justices of the Supreme do so); hunting up defects in titles or other
Court have been participating in partisan political causes of action and informing thereof in
activity and have prejudged a case that will order to be employed to bring suit or collect
assail the legality of an act done by President judgment, or to breed litigation by seeking
Arroyo, that Estrada v Arroyo is a patent out claims of personal injuries or those
mockery of justice and due process, that 3 having any other grounds of action in order
justices of Sandiganbayan made their bias to secure them as clients; employing agents

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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13
or runners or agents for like purposes;
paying reward (directly or indirectly) to H: Atty. Florante Madroño should be not be
those who bring or influence in bringing such disbarred but he does merit a suspension of 1
cases to his office; rewarding policemen, year. A lawyer may be disciplined for any
court or prison officials, physicians, hospital conduct, in his professional or private capacity,
attaches or others who may succeed, under that renders him unfit to continue to be an
the guise of giving disinterested friendly officer of the court. Canon 7 of the Code of
advice, in influencing the criminal, the sick Professional Responsibility commands all lawyers
and the injured, the ignorant or others, to to, at all times, uphold the dignity and integrity
seek professional services; searching of the legal professional. Clearly, Atty. Madroño’s
unknown heirs and soliciting their act of filing multiple complaints against the
employment of him; initiating a meeting of Saburnidos reflects on his unfitness to be a
the members of club and inducing them to member of the legal profession. His act evinces
organize and contest legislating under vindictiveness, a decidedly undesirable trait
his/her guidance; purchasing notes to collect whether in a lawyer or another individual. The
them by litigation at a profit; furnishing supreme penalty of disbarment is meted out only
credit reports in expectation of possible in clear cases of misconduct that seriously affect
employment; agreeing with a purchase of the standing and character of the lawyer as an
future interests to invest therein in officer of the court. Suspension is a sufficient
consideration of his services. The purpose of sanction against respondent. It is not primarily
prohibiting these acts is to prevent intended as a punishment but as a means to
ambulance chasing (solicitation of almost protect the public and the legal profession.
any kind of legal business by laymen
employed by an attorney for the purpose or
by the attorney himself). Ambulance chasing RULE 1.04
is prohibited because it stirs up litigation ENCOURAGE CLIENT TO AVOID
with resulting burdens on courts and the CONTROVERSY
public; supports perjury, the defrauding of
innocent persons by judgments, upon  Rule 1.04. A lawyer shall
manufactured causes of actions and the encourage his clients to avoid, end or settle a
defrauding of injured persons having proper controversy if it will admit of a fair settlement.
causes of action but ignorant of legal rights
and court procedure by means of contracts NOTES
which retain exorbitant expenses and by (Agpalo)
settlement made for quick returns of fees
against the rights of the injured persons. η The function of a lawyer is not only to
conduct litigation but to avoid it where
possible, by advising settlement or
 Saburnido v. Madrono (2001) withholding suit. He/she must act as
F: Respondent Madroño was a judge of the mediator for compromise rather than an
Municipal Circuit Trial Court. Prior to the present instigator and conflict. What sometimes
case, Venustiano Saburnido had filed charges of beclouds a lawyer’s judgment as to what is
grave threats and acts unbecoming a member of best for his client is his/her eye on the
the judiciary against Madroño for pointing a attorney’s fees which are often considerably
high-powered firearm at him and for allowing less when the cause is amicably settled. The
other persons to take confiscated smuggled problem of conflict of interests must be
goods deposited in his court. Another case was resolved against self-interest.
filed by the assistant provincial prosecutor
against the judge for reducing bail in a criminal
case without notice to the prosecution. For  Castaneda v Ago (1975)
these charges, Madroño was dismissed from the Atty. Luison was found guilty of instigating
judiciary and his retirement benefits were controversy and being a predator of conflict for
forfeited. In retaliation, the former judge filed 4 maneuvering for 14 years to doggedly resist the
charges against the spouses namely: serious execution of the court’s decision thru manifold
irregularity, falsification, evasion thru negligence tactics from one court to another.
and violation of the Omnibus Code. Spouses
Saburnido filed this administrative complaint for
disbarment against Atty. Madroño. They alleged SPECIAL RULES WITH RESPECT TO
that respondent has been harassing them by NOTARIAL PRACTICE
filing numerous complaints against them as well
as acts of dishonesty.

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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14
 2004 Rules on Notarial Practice—
ANNEXED
 Canon 2. A lawyer shall make his
legal services available in an efficient and
 Spouses Santuyo v. Hidalgo (2005) convenient manner compatible with the
The SC found a notary public negligent in his independence, integrity and effectiveness of the
duty for allowing office secretaries to perform his profession.
notarial functions, i.e., safekeeping of his
notarial dry seal and notarial register. The Court Rule 2.01. A lawyer shall not reject, except
held that “considering that the responsibility for valid reasons, the cause of the defenseless or
attached to a notary public is sensitive, the oppressed.
respondent should have been more discreet and
cautious in the execution of his duties as such Rule 2.02. In such cases, even if the
and should not have wholly entrusted everything lawyer does not accept a case, he shall not
to the secretaries; otherwise he should not have refuse to render legal advice to the person
been commissioned as notary public.” concerned if only to the extent necessary to
 Sicat v. Ariola (2005) safeguard the latter’s rights.
The SC disbarred Atty. Gregorio Ariola from the Rule 2.03. A lawyer shall not do or permit
practice of law for violating Rule 1.01 of Canon 1 to be done any act designed to primarily solicit
by notarizing an SPA purportedly executed by a legal business.
certain Benitez at a time when Benitez was Rule 2.04. A lawyer shall not charge rates
already dead. The Court held that a notary public lower than those customarily prescribed unless
should not authenticate documents unless the the circumstances so warrant.
persons who signed them are the very same
persons who executed them and personally NOTES
appeared before them to attest to the contents (Agpalo)
and truth of what are stated therein. (Zaballero
v. Atty. Montalvan) Notarization is not an η The necessity and the right to legal
empty, meaningless and routinary act. It representation give rise to the correlative
converts a private document into a public duty of lawyers to make efficient legal
instrument, making it admissible in evidence services conveniently available. A wide gap
without the necessity of preliminary proof of its between the need for legal services and its
authenticity and due execution. satisfaction exists for two reasons:
(1) poverty and the inability to pay;
(2) ignorance of the need and where to find a
 Nunga v. Viray (1999) competent and dependable lawyer.
The SC found Victor Nunga’s acts to sufficiently There is also the fear that technicalities of the
constitute grounds for suspension. He acted as a law will cause delay and the fear of lawyers who
public notary in a transaction where a house overcharge
(owned by a bank to which he was stockholder
and legal counsel) was sold without bidding to η Legal services should be available not only to
his son and was then mortgaged. The SC found those caught up in litigation but those who
that he was not licensed as a notary during this need advice to avoid litigation.
entire time.

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

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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15
service should, therefore, underlie all legal aid  Rule 2.02. In such cases, even if
offices. The same should be administered to the lawyer does not accept a case, he shall not
indigent and deserving members of the refuse to render legal advice to the person
community on all cases, matters and situations concerned if only to the extent necessary to
in which legal aid may be necessary to forestall safeguard the latter’s rights.
an injustice.

 Rule 14.03. A lawyer may not NOTES


refuse to accept representation of an indigent (Agpalo)
unless: (a) he is in no position to carry out the
work effectively or competently or (b) he labours η A valid reason to refuse is when the lawyer
under a conflict of interest between him and the is is not in a position to carry out the work
prospective client or between a present client effectively and competently. However he
and the prospective client shall still render legal advice (such as those
pertaining to preliminary steps a person can
take). But he shall refrain from giving legal
 Ledesma v Climaco (1974) advice if the reason for not accepting the
Ledesma, who was appointed Election Registrar case is that there involves a conflict of
of his municipality was not excused from acting interest (between him and a prospective
as counsel in criminal proceedings that had client or between a present client and a
started that same year. Moreover, to avoid the prospective client). In the case mentioned
frustration of the case, especially such as where above, rendering legal advice to the
the defendants are indigent, a lawyer may be prospective client will establish an attorney-
required to act as a counsel de oficio. The fact client relationship between them and this will
that his services were rendered without constitute a violation of the rule prohibiting a
renumeration should not occasion a diminution of lawyer from representing conflicting
his zeal. Most importantly, the Constitution interests.
blessed the accused with the right to be heard by
himself and by counsel. This manifests the RULE 2.03
indispensible role of a lawyer in the defense of NO SOLICITATION
the accused.
 Rule 2.03. A lawyer shall not do or
NOTES permit to be done any act designed to primarily
(Agpalo) solicit legal business.

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

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CUSTOMARILY CHARGED profession primarily for public service;
different from shopkeeper who advertises to
 Rule 2.04. A lawyer shall not have private gain; commercialises the
charge rates lower than those customarily profession, lowers public confidence, lessens
prescribed unless the circumstances so warrant. ability to render high character of service;
involves self-praise and puffing
NOTES (conscientious and ethical are at the mercy
(Agpalo) of braggarts); assertion of fraudulent claims,
corruption, attacks on marital stability; may
η What the rule prohibits is the competition in increase lawsuits and results in needless
the matter of charging professional fees for litigation. Instead, lawyers should employ
the purposed of attracting clients in favor of methods compatible with the traditional
the lawyer who offers lower rates. The rule dignity and in the maintenance of correct
does not prohibit a lawyer from charging a professional standards. Best advertising is a
reduced fee or none at all to an indigent or well-merited reputation for professional
to a person who would have difficulty paying capacity.
the fee usually charged for such services.
η Exceptions to this rule (i.e. “advertising”
which is either expressly allowed or
CANON 3: necessarily implied by restrictions) are the
INFORMATION ON LEGAL SERVICES THAT following: publication in reputable law list
IS TRUE, HONEST, FAIR AND DIGNIFIED with brief biographical and other informative
data which may include name, associates,
address, phone numbers, branches of law
practised, birthday, day admitted to the bar,
 Canon 3. A lawyer in making schools and dates attended, degrees and
known his legal services shall use only true, distinctions, authorships, teaching positions,
honest, fair, dignified and objective information associations, legal fraternities and societies,
or statement of facts. references and regularly represented clients
must be published for that purpose; an
Rule 3.01. A lawyer shall not use or permit ordinary, simple professional card;
the use of any false, fraudulent, misleading, publication of simple announcement of
deceptive, undignified, self-laudatory, or unfair opening of law firm, change of firm;
statement or claim regarding his qualifications or telephone directory (but not under
legal services. designation of special branch of law); if
acting as an associate (specialising in a
Rule 3.02. In the choice of a firm name, no branch of law), may publish a brief and
false, misleading or assumed name shall be dignified announcement to lawyers (law list,
used. The continued use of the name of a law journal); working in a public office
deceased partner is permissible provided that (which can be filled only by a lawyer); full
the firm indicates in all its communications that time position as corporate counsel; if in
said partner is deceased. media, those acts incidental to his practise
(ie, not his own initiative); write articles for
Rule 3.03. Where a partner accepts public publication giving information upon the law
office, he shall withdraw from the firm and his (and not individual rights or advising through
name shall be dropped from the firm name column/ TV broadcast, lest such be
unless the law allows him to practice law considered indirect advertising); if enter into
concurrently. other businesses (which are not inconsistent
with lawyer’s duties) then it is advisable that
Rule 3.04. A lawyer shall not pay or give they be entirely separate and apart such
anything of value to representatives of the mass that a layman could distinguish between the
media in anticipation of, or in return for, publicity two functions.
to attract legal business.

NOTES RULE 3.01.


(Agpalo) NO FALSE OR UNFAIR CLAIM REGARDING
QUALIFICATIONS
η Although advertising is not really malum in
 Rule 3.01. A lawyer shall not use
se here are some reasons why it is
or permit the use of any false, fraudulent,
prohibited: member of honourable
misleading, deceptive, undignified, self-

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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17
laudatory, or unfair statement or claim regarding H: Sec. 27 of the Code of Professional
his qualifications or legal services. Ethics states that the most worthy and effective
advertisement possible, is the establishment of a
 Sec 27 Canon of Professional Ethics. well-merited reputation for professional capacity
Advertising, Direct of Indirect—The most worthy and fidelity to trust. This cannot be forced but
and effective advertisement possible, even for a must be the outcome of character and conduct.
young lawyer, and especially with his brother
Solicitation of business circulars or
lawyers, is the establishment of a well-meritted
advertisement, or by personal communication or
reputation for professional capacity and fidelity
interviews not warranted by personal relations is
to trust. This cannot be force, but must be the
unprofessional.
outcome of character and conduct. The
publication or circulation of ordinary simple Indirect advertisement for business by furnishing
business cards, being a matter of personal taste or inspiring newspaper comments concerning the
or local custom, and some times of convenience manner of their conduct, the magnitude of the
is not per se improper. But solicitation of interests involved, the importance of the lawyer’s
business by circulars or advertisements, or by position, and all other like self-laudation, defy
personal relations is unprofessional. It is equally the tradition and lowers the tone of the high
unprofessional to procure business by indirection calling are intolerable.
through touters of any kind whether allied real
estate firms or trust companies advertising to Canon 28 further provides that it is
secure the drawing of deeds or wills or offering unprofessional for a lawyer to volunteer advice
retainers in exchange for executorships or to bring a lawsuit, except where ties of blood,
trusteeships to be influenced by the lawyer. relationship or trust makes it his duty to do so.
Indirect advertisement for business by furnishing Stirring up strife and litigation is not only
or inspiring newspaper comments concerning the unprofessional but is indictable at common law,
manner of their conduct, the magnitude of the and one of the penalties for this offence was
interests involved, the importance of the lawyer’s disbarment.
position, and all other like self-laudation, defy The law is a profession and not a business. The
the traditions and lower the tone of our high lawyer may not sell or obtain employment
calling and are intolerable. himself or through others for to do so would be
unprofessional. It is destructive of the honour of
a great profession. It lowers the standards of
 Sec 46 Canon of Professional Ethics. that profession. It works against the confidence
Notice of specialized service—Where a lawyer is of the community and it results in needless
engaged in rendering a specialized legal service litigation.
directly and only to other lawyers, a brief,
dignified notice of that fact, couched in language
indicating that it is addressed to lawyers,
inserted in legal periodicals and like publications,  Ulep v Legal Clinic (1993)
when it will afford convenient and beneficial supra at introduction
information to lawyers desiring to obtain such The Code of Professional Responsibility provides
service, is not improper. that a lawyer in making known his legal services
shall use only true, honest, fair, dignified and
NOTE: The explication of the Canon 3.01 refers objective information or statement of facts.
itself back to the rather outdated Canon of Lawyers should not resort to indirect
Professional Ethics. (Prof. Jardeleza): advertisements for professional employment.
The standards of the legal profession condemn
 In re Tagorda (1929) the lawyer’s advertisement of his talent, this rest
on the fundamental postulate that the practice of
F: Tagorda was suspended for soliciting law is a profession. The lawyer degrades himself
business because before Tagorda’s election to and his profession who stoops to and adopts the
the provincial board of Isabela, he used a card practices of mercantilism by advertising his
offering services as an attorney and a notary services or offering them to the public.
public free. The card also stated that he was a
candidate for the provincial board. After his Not all types of advertising or solicitation are
election, he wrote a letter to the barrio prohibited. The exceptions are of two broad
lieutenant informing him that we would continue categories, those, which are expressly allowed,
his practice as lawyer and asking that the and those, which are necessarily implied from
lieutenant transmit this information to the barrio. the restrictions. The first of such exceptions is
the publication in reputable law lists, in a manner
consistent with the standards of conduct

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18
imposed by the canons, or brief biographical and
informative data H: The respondent’s use of the firm name
constitutes a representation that being
associated with Baker and McKenzie they could
 Khan v. Simbillo (2003) “render legal services to the highest quality to
F: Atty. Simbulo was found guilty for multinational business enterprises and others
violating Rule 2.03 and 3.02 of the Code of engaged in foreign trade and investment.” This is
Professional Responsibility and sec. 27 Rule 138, unethical because Baker & McKenzie is not
of the Rules of Court for advertising his services authorized to practice law here.
in a Philippine Daily Inquirer ad which read
“Annulment of Marriage Specialist 532-433/521-
2667.”
 In the Matter of the Petition for
Authority to Continue Use of the Firm Name
H: The solicitation of legal business is not
– Ozaeta, Romulo, de Leon, etc. and Petition
altogether proscribed. However, for solicitation
for Authority to Continue Use of Firm Name
to be proper, it must be compatible with the
– Sycip, Salazar, Feliciano, etc. (1979)
dignity of the legal profession. If it were made in
F: Surviving partners cannot continue to
a modest and decorous manner, it would bring
use the names of the deceased partners. The
no injury to the law and to the bar. The use of
Court held, amongst others, that…
simple signs stating the name or names of the
H: Continued use will run counter to Art.
lawyers, the office, and the residence address
1815 CC which tacitly provides that names in a
and fields of practice, as well as advertisement in
firm name of a partnership must be those of
legal periodicals bearing the same brief data and
living partners and, in case of non-partners,
the use of calling cards are permissible. The
should be living persons who can be subject to
publication in reputable law lists in a manner
liability. The public relations value of the use of
consistent with the standards of conduct
an old firm name can create undue advantage
imposed by the canon, of brief biographical and
and disadvantage in the practice of the
informative data is likewise allowed. But a lawyer
profession.
may not properly publish his brief biographical
and informative data in a daily paper, magazine,
Canon 33 does not consider the act unethical
trade journal or society program (Ulep v. Legal
when such practice is permissible by local
Clinic, Inc.).
custom but it warns that care should be taken to
avoid deception. In the Philippines, no local
custom permits or allows the continued use of a
 Director of religious Affairs v Bayot deceased partner’s name because here, the
(1944) practice is to identify the more active and/or
Bayot was reprimanded for publishing an more senior members or partners of the law
announcement in the Sunday Tribune advertising firm.
his services in getting a marriage license and in
arranging marriages and his free legal The practice is allowed in the U.S. because it is
consultation for the poor. sanctioned by custom. Here, there is no local
custom allowing such. In this case, where a
previous SC decision has laid the rule against the
RULE 3.02 continued use of a deceased partner’s name, no
NO FALSE OR MISLEADING FIRM NAME custom or practice, even if proven, can prevail.
 Rule 3.02. In the choice of a firm The practice of law is intimately and peculiarly
name, no false, misleading or assumed name related to the administration of justice and
shall be used. The continued use of the name of should not be considered like an ordinary
a deceased partner is permissible provided that “money-making trade.” It is the essence of a
the firm indicates in all its communications that profession that it is practiced in a spirit of public
said partner is deceased. service. A trade aims primarily at personal gain;
a profession at the exercise of powers beneficial
to mankind.
 Dacanay v Baker and McKenzie
(1985) The spirit of public service in which the
F: Because Baker and McKenzie is an alien profession of law is and ought to be exercised is
law firm not authorized to practice law in the a prerequisite of sound administration of justice
Philippines, the respondents were enjoined from according to law. The two other elements,
using the name as it constituted a organization and pursuit of a learned art, have
misrepresentation.

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their justification in that they secure and η Local government officials: prohibited
maintain that spirit.
η Sanggunian: may, except
(1) civil case with LGU/ government is the
RULE 3.03 adverse party;
PARTNERS ASSUMING PUBLIC OFFICE (2) criminal case when officer of the LGU is
accused in relation to office;
 Rule 3.03. Where a partner (3) Not collect any fee for appearance in
accepts public office, he shall withdraw from the administrative proceeding;
firm and his name shall be dropped from the firm (4) not use property of government except when
name unless the law allows him to practice law defending government interest
concurrently.
η Civil service officers: with consent from head
 Const, art. VI, sec. 14. [limitation] No of department (written)
Senator or member of the House of
Representative may personally appear before η *isolated case (even if prohibited): counsel
any court of justice or before the Electoral for relative/ close family friend
Tribunal, or quasi-judicial and other
administrative bodies… η totally unauthorized to practice law: includes
disbarred and suspended  estafa!
 Const, art. VII, sec. 13.
[prohibition] The President, Vice- η Legal remedies: injunction, declaratory
President, the members of the cabinet and relief, contempt, disqualification,
assistants shall not, unless otherwise provided in disbarment, estafa, administrative case
this Constitution, hold any other office or
employment during their tenure. They shall not,
during said tenure, directly or indirectly practice  Samonte v. Gatdula (1999)
any profession… The SC found it improper that the name of
Rolando Gatdula, a branch clerk of court,
 Const, Art. IX, Sec. 2. [prohibition] appears on the calling card of a firm. The Code
No member of a Constitutional Commission shall, of Conduct and Ethical Standards for Public
during his tenure, hold any other office or Officials and Employees declares that it is
employment. Neither shall he engage in the unlawful for a public official or employee to,
practice of any profession… among others: “engage in the private practice of
their profession unless authorized by the
NOTES Constitution or law, provided that such practice
(Agpalo) will not conflict or tend to conflict with official
functions.”

η Public office is public trust, expected to


perform with highest degree of RULE 3.04.
responsibility, integrity, loyalty and NO USE OF MEDIA TO ATTRACT BUSINESS
efficiency, exclusive fidelity
 Rule 3.04. A lawyer shall not pay
η Absolutely prohibited: judges, court or give anything of value to representatives of
employees, Solicitor General, prosecution the mass media in anticipation of, or in return
officers, President, Vice-President, cabinet, for, publicity to attract legal business.
deputies and assistants (cabinet), members
of Constitutional Commissions, civil service
officers whose jobs require full time devotion  En Banc Resolution (1991)
to the government Spurred by Art Borjal’s letter to CJ Fernan
regarding the live TV and radio coverage of the
η Legislators: not absolutely prohibited  only hearing of Ppl v Beltran where Pres. Aquino took
prohibited from appearing as counsel before the witness stand and Judge Makasiar’s letter of
court of justice, Electoral Tribunals, quasi- response denying that he had given such
judicial, other administrative bodies  permission to the Presidential Broadcast Staff,
prohibited: appearance in court and other the SC passed the following resolution:
bodies (includes arguing, filing a pleading, “Considering the prejudice it poses to the
including him in firm name) defendant’s right to due process as well as to the
fair and orderly administration of justice, and

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20
considering further that the freedom of the press
and the right of the people to information may  Canon 5. A lawyer shall keep
be served and satisfied by less distracting, abreast of legal developments, participate in
degrading and prejudicial means, live radio and continuing legal education programs, support
television coverage of court proceedings shall not efforts to achieve highest standards in law
be allowed. Video footages for news purposes schools as well as in the practical training of law
shall be restricted and limited to shots of the students and assist in disseminating information
courtroom, the judicial officers, the parties and regarding law and jurisprudence.
their counsel taken prior to the commencement
of official proceedings. No video shots or NOTES
photographs shall be permitted during the trial (Agpalo)
proper.”
η Service in the judiciary and being in the
active practice of law require continuing
study and research on the law from
beginning to end.
η A lawyer incurs a three-fold obligation after
admission to practice: To himself: to
CANON 4: continue improving his knowledge of the
PARTICIPATE IN DEVELOPMENT: law: to his profession: to take an active
SUPPORT LEGAL REFORMS AND interest in the maintenance of of high
ADMINISTRATION OF JUSTICE standards of legal obligation; to the lay
public: to make the law a part of its social
consciousness

 Canon 4. A lawyer shall η Members of the IBP, except those exempt


participate in development of the legal system by under Rule 7 of Bar Matter No. 850
initiating reform and in the improvement of the (Mandatory Continuing Legal Education), are
administration of justice. required every 3 years to complete at least
36 hours of continuing legal education
AGPALO activities, with appropriate penalties for
(notes) failure to do so. (Agpalo)

η While the lawyer’s task in contributing to the


improvement of the legal system is not a  Bar Matter 850—Mandatory
matter of strict duty, it is a duty Continuing Legal Education (MCLE)
nevertheless that flows from the lawyer’s ANNEXED
sense of public responsibility. The
improvement of the legal system cannot,
however, be done by dreaming in a vacuum. CANON 6:
The lawyer must recognize that the law is a CANONS APPLY TO LAWYERS IN
part of vast social network and whether he GOVERNMENT SERVICE
likes it or not, he has to interact with the
rest of society. There is thus the need on the
 Canon 6. These Canons shall apply to
part of the lawyer to transcend the narrow
lawyers in government service in the discharge
limits of technical law. Intricately woven is
of their official duties.
the law with the social fabric that the legal
profession cannot afford to confine itself to
narrowly technical legal questions. A lawyer Rule 6.01. The primary duty of a lawyer in
must broaden out and continue to grow in public prosecution is not to convict but to see
knowledge and competence in order to be that justice is done. The suppression of facts or
able to make the law socially responsive. the concealment of witnesses capable of
(Agpalo) establishing the innocence of the accused is
highly reprehensible and is cause for disciplinary
action.
Rule 6.02. A lawyer in government service
CANON 5:
shall not use his public position to promote or
PARTICIPATE IN LEGAL EDUCATION
advance his private interests, nor allow the latter
PROGRAM
to interfere with his public duties.

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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21
Rule 6.03. A lawyer shall not, after leaving (e) Responsiveness to the public. - Public
government service, accept engagement or officials and employees shall extend
employment in connection with any matter in prompt, courteous, and adequate
which he had interned. service to the public. Unless otherwise
provided by law or when required by the
public interest, public officials and
 RA 6713, (Code of Conduct and employees shall provide information of
Ethical Standards for Public Officials and their policies and procedures in clear and
Employees.)Sec. 4(A) Norms of Conduct of understandable language, ensure
Public Officials and Employees. openness of information, public
(A) Every public consultations and hearings whenever
official and employee shall observe the appropriate, encourage suggestions,
following as standards of personal conduct in simplify and systematize policy, rules
the discharge and execution of official and procedures, avoid red tape and
duties: develop an understanding and
(a) Commitment to public interest. - Public appreciation of the socio-economic
officials and employees shall always conditions prevailing in the country,
uphold the public interest over and especially in the depressed rural and
above personal interest. All government urban areas.
resources and powers of their respective (f) Nationalism and patriotism. - Public
offices must be employed and used officials and employees shall at all times
efficiently, effectively, honestly and be loyal to the Republic and to the
economically, particularly to avoid Filipino people, promote the use of
wastage in public funds and revenues. locally produced goods, resources and
(b) Professionalism. - Public officials and technology and encourage appreciation
employees shall perform and discharge and pride of country and people. They
their duties with the highest degree of shall endeavor to maintain and defend
excellence, professionalism, intelligence Philippine sovereignty against foreign
and skill. They shall enter public service intrusion.
with utmost devotion and dedication to (g) Commitment to democracy. - Public
duty. They shall endeavor to discourage officials and employees shall commit
wrong perceptions of their roles as themselves to the democratic way of life
dispensers or peddlers of undue and values, maintain the principle of
patronage. public accountability, and manifest by
(c) Justness and sincerity. - Public officials deeds the supremacy of civilian
and employees shall remain true to the authority over the military. They shall at
people at all times. They must act with all times uphold the Constitution and put
justness and sincerity and shall not loyalty to country above loyalty to
discriminate against anyone, especially persons or party.
the poor and the underprivileged. They (h) Simple living. - Public officials and
shall at all times respect the rights of employees and their families shall lead
others, and shall refrain from doing acts modest lives appropriate to their
contrary to law, good morals, good positions and income. They shall not
customs, public policy, public order, indulge in extravagant or ostentatious
public safety and public interest. They display of wealth in any form.
shall not dispense or extend undue
favors on account of their office to their
relatives whether by consanguinity or Collantes v. Renomeron (1991)
affinity except with respect to Atty Renomeron was dismissed from office
appointments of such relatives to because, in his capacity as Register of Deeds, he
positions considered strictly confidential refused to register deeds for V & G Better Homes
or as members of their personal staff Subdivision unless the latter should either
whose terms are coterminous with provide him with weekly round trip tickets from
theirs. Tacloban to Manila complete with pocket money
(d) Political neutrality. - Public officials and or sell on his behalf a piece of property in QC.
employees shall provide service to • Misconduct as public official constitutes
everyone without unfair discrimination violation of oath as lawyer. The Code of
and regardless of party affiliation or Professional Responsibility applies to lawyers
preference. in gov’t service in the discharge of their
official tasks (Canon 6) and forbids a lawyer

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
22
from unlawful conduct (1.01). Also note that η offer proof of accused’s guilt illegally
a lawyer shall not delay any man’s cause for acquired; suppress facts nor conceal
any corrupt motive or interest (1.03) witnesses capable of establishing the
innocence of the accused;

η consent to any undue delay in the


RULE 6.01. prosecution; deprive a person of his
PRIMARY DUTY: THAT JUSTICE IS DONE statutory or legal rights; assert his personal
knowledge of a crime (he must withdraw as
a prosecutor and take the witness stand to
 Rule 6.01. The primary duty of a be cross-examined);
lawyer in public prosecution is not to convict but
to see that justice is done. The suppression of η assist in the escape of a prisoner;
facts or the concealment of witnesses capable of
establishing the innocence of the accused is η institute a criminal action to force settlement
highly reprehensible and is cause for disciplinary of a case;
action.
η agree to refrain form prosecuting a person in
consideration of a reward;

NOTES η receive money from dismissing a complaint;


induce an accused to plead guilty;
(Agpalo)
In General η willfully fail to prosecute violations of law or
η A public prosecutor is a quasi-judicial officer lose records thereof; have a secret law
who represents, not an ordinary party to a partner with whom he divides the fees;
controversy, but a sovereignty. This
sovereignty has its obligation to govern η hesitate to recommend to the court the
impartially. Therefore, the interest in a accused’s acquittal if the evidence in his
criminal prosecution is not that it shall win a possession shows that the accused is
case but that justice shall be done. innocent.

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.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
23
recommendation of such. The SC upheld
η The offended party may not withdraw the Platon’s decision.
civil case already filed so that he/she can
H: (Laurel J.) We cannot overemphasize the
intervene in the criminal case.
necessity of close scrutiny and investigation of
prosecuting officers of all cases handled by
η The offended party’s standing in a criminal
them, but whilst this court is averse to any form
case is only that of a witness once a
of vacillation by such officers in the prosecution
separate civil case is filed.
of public offenses, it is unquestionable that they
may in appropriate cases, in order to do justice
Subject to Control of Public Prosecutor
and avoid injustice, reinvestigate cases in which
η Intervention by a private lawyer is subject to
they have already filed the corresponding
prosecutor’s control.
informations. In the language of Justice
Sutherland of the SC of the US, the prosecuting
η The public prosecutor is required to be
officer “is the representative not of an ordinary
present the proceedings and must at any
party to a controversy, but of a sovereignty
time take over the conduct of the trial from
whose obligation to govern impartially is as
the private prosecutor.
compelling as its obligation to govern at all; and
whose interest, therefore, in a criminal
η The prosecutor’s presence is necessary for
prosecution is not that it shall win a case, but
the validity of evidence to be presented as
that justice shall be done. As such, he is in a
an evidence of the People of the Philippines.
peculiar and very definite sense the servant of
the law, the twofold aim of which is that guilt
η This applies only to court which are provided
shall not escape or innocence suffer. He may
by law with their own prosecutors, and not
prosecute with earnestness and vigor—indeed,
to municipal courts which have no trial
he should do so, But, while he may strike hard
prosecutors.
blows, he is not at liberty to strike foul ones. It
is as much his duty to refrain from improper
η HOWEVER, the Supreme Court has amended methods calculated to produce a wrongful
Sec. 5, Rule 110 of the Rules of Court conviction as it is to use every legitimate means
(effective May 1, 2002): “in case of heavy to bring about a just one.
work schedule or in the even of lack of public
prosecutors, a private prosecutor may be
authorized in writing by the Chief
 People v Pineda (1967)
Prosecution Office or the Regional State
F: Narbasa, Alindo and Borres stood indicted as
Prosecutor to prosecute the case subject to
principals in 5 separate cases for murder and
the approval of the court. The authority may
frustrated murder. 5 separate informations were
be revoked or withdrawn.” A private
filed by the prosecuting attorney from his
prosecutor, being under the direction and
investigation. 2 of the 3 defendants moved for a
control of the public prosecutor may not take
consolidation of the 5 cases into 1 criminal case
a stand different from that of the latter.
because the said cases arose out of the same
incident and motivated by one impulse. Judge
η When a public prosecutor should take over
Pineda granted the petition and ordered the
handling of case. A public prosecutor should
other 4 cases to be dropped. The City Fiscal
not allow the trial in the hands of a private
disagreed with the finding of the judge.
prosecutor to degenerate into a private
prosecution (turns out to be a gratification of
H: The benefit of the doubt belongs to the
private malice or the accomplishment of a
prosecuting attorney. The prosecuting attorney
private gain or advantage)
is under no compulsion to file a particular
criminal information where he is not convinced
that he has evidence to prop up the averments
thereof, or that the evidence at hand points to a
 Suarez v Platon (1940) different conclusion. But we must have to
F: Lt. Orais arrested and incarcerated Atty. recognise that a prosecuting attorney should not
Suarez for uttering seditious words. The be duly compelled to work against his conviction.
following day, he moved for the dismissal of the We should give him the benefit of the doubt.
case against Suarez on the motion of his The prosecuting attorney, being the one charged
superior. Suarez charged Orais with illegal with the prosecution of offences, should
detention. Judge Platon, however, dismissed the determine the information to be filed and cannot
case on the basis of the public prosecutor’s be controlled by the offended party. The impact
of Judge Pineda’s order is that his judgment

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
24
substitutes the prosecutor’s on the matter of • own, control, manage or accept
what crime is to be filed in court. Nevertheless, employment as officer, employee,
a judge may, by a relief in equity, stop a consultant, counsel, broker, agent,
purported enforcement of criminal law trustee or nominee in any private
where enterprise regulated, supervised or
(1) it is needed for the orderly administration of licensed by their office unless expressly
justice, allowed by law;
(2) to prevent the use of the strong arm of the • engage in the private practice of
law in an oppressive and vindictive manner, their profession unless authorized by the
(3) to avoid multiplicity of actions, constitution or law (will not conflict with
(4) to afford adequate protection to his/her official functions);
constitutional rights and • recommend any person to any
(5) because the statute relied upon is position in a private enterprise which
unconstitutional or was held invalid. has a regular or pending official
transaction with their office; and
The present case does not fall under any of these • use or divulge confidential
exceptions, thus the order of the judge must be information officially known to them by
set aside. reason of their office (not available to
the public) to further private interest, to
give undue advantage anyone or to the
prejudice of public interest.
RULE 6.02
NOT TO USE PUBLIC POSITION FOR
PRIVATE INTEREST
 Rule 6.02. A lawyer in government  Misamin v San Juan (1976)
service shall not use his public position to
promote or advance his private interests, nor F: Atty. San Juan, a captain of the MM Police
allow the latter to interfere with his public duties. force and a member of the bar was charged with
coercing an employee, Misamin, to agree to drop
charges filed against his employer Tan Hua for
violation of the Minimum Wage Law. The Case
NOTES
was dismissed for lack of evidence.
(Agpalo)
H: While the charges have to be dismissed, still
it would not be inappropriate for respondent to
η This rule applies to lawyers in government avoid all appearances of impropriety. Certainly,
service, who are allowed by law to engage in the fact that the suspicion could be entertained
private law practice and to those who, that far from living true to the concept of a
though prohibited from engaging in the public officer being a public trust, he did make
practice of law, have friends, former use not so much of whatever legal knowledge he
associates, and relatives who are in the possessed, but the influence that laymen could
active practice of law. assume was inherent in the office held not only
to frustrate the beneficent statutory scheme that
η The lawyer must not use his public office to labor be justly compensated but also to be at the
further his law practice. He should not beck and call of what the complainant called
accept any private legal business in conflict alien interest, is a matter that should not pass
with his official duties and if such a case unnoticed. Respondent, in his future actuations
arises he must terminate his professional as a member of the bar, should refrain from
relationship, explaining to his client that his laying himself open to such doubts and
public duty must prevail. misgivings as to his fitness not only for the
position occupied by him but also for
η If he is prohibited from practicing his membership in the bar. He is not worthy of
profession, he must not do so indirectly by membership in an honorable profession who
being a silent partner in a law firm or by does not even take care that his honor remains
securing legal business for a friend or a unsullied.
former associate in the active practice of
law, and receiving a share in the fees for his
effort.  Vitriolo v. Dasig (1973)
H: The SC disbarred Atty. Felina Dasig, the OIC
η The following principles complement the of the Legal Affairs Service of CHED, for making
code of conduct (Public officials shall NOT): unlawful demands to extort money from certain

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
25
people who had pending applications in her office  RA 3019, Sec. 3(d) (Anti-Graft and
for correction of names; filing 11 baseless, Corrupt Practices Act). In addition to acts or
groundless, and unfounded suits against the omissions of public officers already penalized by
complainants of the case; willfully failing to pay existing law, the following shall constitute
her debts as evidenced by the dishonest checks corrupt practices of any public officer and are
she issued; instigating the commission of a crime hereby declared to be unlawful: (d) Accepting or
where she allegedly encouraged her son, a jail having any member of his family accept
warden, to shoot the Cornacions; sending to employment in a private enterprise which has
Pres. Estrada libelous and unfair reports which pending official business with him during the
were designed to prevent the reappointment of pendency thereof or within one year after its
the 11 CHED directors and with the end view of termination.
securing one for her. Generally speaking, a
lawyer who holds a government office may not  RA 6713, Sec. 7(b). In addition to acts
be disciplined as a member of the Bar for and omissions of public officials and employees
misconduct in the discharge of his duties as not prescribed in the Constitution and existing
government official. However, if said misconduct laws, the following shall constitute prohibited
as a government official also constitutes a acts and transactions of any public official and
violation of his oath as a lawyer then he may be employee and are hereby declared to be
disciplined by this Court as a member of the Bar. unlawful: (b) Outside employment and other
The Attorney’s Oath is the source of obligation activities related thereto.—Public officials and
and duties of every lawyer and any violation employees during their incumbency shall not:
thereof is a ground for disbarment, suspension, 1) Own, control, manage or accept employment
or other disciplinary action. Respondent’s as officer employee, consultant, counsel,
demands for sums of money to facilitate the broker, agent, trustee or nominee / in any
processing of pending applications before her private enterprise regulated, supervised or
office violates such duty and runs afoul of the licensed by their office / unless expressly
oath she took when admitted to the Bar. A allowed by law;
member of the Bar who assumes public office 2) Engage in the private practice of their
does not shed his professional obligation. The profession unless authorized by the
CPR was not meant to govern the conduct of Constitution or law, provided that such
private petitioners alone, but of all lawyers practice will not conflict or tend to conflict
including those in government service. Lawyers with their official functions; or
in government are public servants who owe the 3) Recommend any person to any position in a
utmost fidelity to the public service. Thus they private enterprise which has a regular or
have to be mores sensitive in the performance of pending official transaction with their office.
their professional obligations. Respondent’s
attempts to extort money from persons with These prohibitions shall continue to apply for a
applications or requests pending before her office period of 1 year after resignation, retirement or
are violative of Rule 1.01 which prohibits lawyers separation from public office, / except in case of
from engaging in any unlawful, dishonest or subparagraph (2) above, / but the professional
deceitful acts. These acts also constitute a concerned cannot practice his profession in
breach of rule 6.02 which bars lawyers in connection with any matter before the office he
government service from promoting their private used to be with, / in which case the one year
interests. A lawyer in public service is a keeper prohibition shall likewise apply.
of public faith and is burdened with a high
degree of social responsibility, perhaps higher
than her brethren in private practice.  RA 910 Sec. 1 (condition of
pension). No retiring justice or judge of a court
of record or city or municipal judge during the
time that he is receiving said pension shall
RULE 6.03. appear as counsel in any court in any civil case
NOT TO ACCEPT EMPLOYMENT AFTER where in the govt. or any of its subdivisions or
GOVERNMENT SERVICE instrumentalities is an adverse party, in a
criminal case were an officer or employee of the
govt. is accused of an offense related to his
 Rule 6.03. A lawyer shall not, after official function, or collect any fee for his
leaving government service, accept engagement appearance in any administrative proceedings to
or employment in connection with any matter in maintain an interest adverse to the govt.
which he had interned.

NOTES

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
26
(Agpalo)

η The restriction in Rule 6.02 extends beyond


his/her tenure on certain matters in which Chapter 2
he has intervened as a public official.
The Lawyer and the
η “Any matter” and “he had intervened” in
Rule 6.03 are very broad terms which
include any conceivable subject in which he
Legal Profession
acted in his official capacity.

 PNB v Cedo (1995) CANON 7:


Atty. Cedo was found guilty of violating 6.O3 for UPHOLD THE DIGNITY AND INTEGRITY OF
handling a case involving transactions he had THE PROFESSION
handled for his previous employer, PNB. The
Rule on Conflicting Interests applies.

 Canon 7. A lawyer shall at all


times uphold the integrity and dignity of the
legal profession and support the activities of the
integrated bar.

Rule 7.01. A lawyer shall be answerable for


knowingly making a false statement or
suppressing a material fact in connection with his
application for admission to the bar.

Rule 7.02. A lawyer shall not support the


application for admission to the bar of any
person known by him to be unqualified in respect
to character, education, or other relevant
attribute.

Rule 7.03. A lawyer shall not engage in


conduct that adversely reflects on his fitness to
practice law, nor shall he, whether in public or
private life, behave in a scandalous manner to
the discredit of the legal profession.

NOTES
(Agabin)

η Maintenance by the bar of a high standard of


legal proficiency as well as honesty and fair
dealing is a prerequisite to making the bar
an effective instrument in the proper
administration of justice.

η But the bar can only be as reputable as its


members hence, it is necessary that every
lawyer should strive at all times to uphold
the honor and maintain the dignity of the
legal profession and to improve not only the
law but the administration of justice as well.

η More than just paying IBP Membership dues,


a lawyer should help achieve objectives and
purposes of the IBP, i.e.,
• assist in the administration of
justice;

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
27
• foster and maintain on the part in the legal system.” (Rule 1.02) The unseemly
of its members high ideals of integrity, ardor with which the candidates pursued the
learning, professional competence, presidency of the association detracted from the
public service and conduct; dignity of the legal profession. The spectacle of
• safeguard the professional lawyers bribing or being bribed to vote did not
interests of its members; uphold the honor of the profession nor elevate it
• cultivate among its members a in the public’s esteem.
spirit of cordiality and brotherhood;
• provide a forum for the
discussion of law, jurisprudence, law  Santos v. Llamas (2000)
reform, pleading, practice and procedure F: The SC suspended from nonpayment of
and the relations of the bar thereto; IBP dues and for using the same IBP O.R. Nos.
encourage and foster legal education; and data for 3 years. Sanots justified his
• promote a continuing program nonpayment of IBP dues by claiming that he had
of legal research in substantive and a limited practice of law, being a farmer by
adjective law, and make reports and occupation, and that since 19992, he is exempt
recommendations thereon. from payment of taxes as a senior citizen.

H: In accordance with Sections 9 and 10 of Rule


 In re: 1989 Election of the IBP 139-A ROC, Llamas can engage in the practice of
(1989) law only by paying his dues, and it does not
F: The SC annulled the IBP Elections and matter if his practice is “limited.” While it is true
ordered the holding of special elections and that RA 7432 section 4 grants senior citizens
declared the candidates in the June 3, 1989, as “exemption from payment of individual income
ineligible for any IBP position in the special taxes: provided, that their annual taxable
elections. The Court based its conclusion upon income does not exceed the poverty level as
the following findings: prohibited campaigning determined by NEDA for that year,” the
and solicitation of votes by the candidates; use exemption does not include payment of
of PNP plane in the campaign of Atty. Drilon; membership or association dues.
formation of tickets and single slates; giving free
transportation of out-of-town delegates and
alternates; giving free hotel accommodations,  Re: 2003 Bar Examinations (2004)
food, drinks, entertainment to delegates; F: After a rumored leakage concerning the
campaigning by labor officials for Atty. Drilon mercantile bar exam of 2003, the SC spread out
(her husband is the Labor Secretary); paying the the weight of mercantile law among the
dues of other indebtedness of any member (sec. remaining 7 subjects. An investigation into the
14(e) IBP By-Laws); distribution of materials matter revealed that 75% of the questions on
other than bio-data of not more than one-page mercantile law were prepared by bar examiner
of legal size sheet of paper (Sec. 14(a), IBP By- Atty. Marcial Balgos. 25% were prepared by
laws); causing distribution of such statement to Justice Vitug. Those questions prepared by
be done by persons other than those authorized Justice Vitug were not among the leaked
by the officer presiding at the election (Sec. 14 questions. Bar examiner Atty. Balgos explained
(b), IBP By-Laws); inducing or influencing a that he prepared the test questions for that
member to withhold his vote, or to vote for or subject using his personal computer but that he
against a candidate (Sec. 14 (e), IBP By-Laws). does not know how to use his PC, except to type
on it. His private secretary turns his PC on and
H: The basic postulate of the IBP is that it shuts it down for him. Only two people know the
is non-political in character and that there shall PC’s password—his secretary and the office
be no lobbying nor campaigning in the choice of manager Silvestre Atienza (2nd year student at
the IBP Officers. The fundamental assumption is MLQU). Atty. Balgos thought that he alone could
that the officers would be chosen on the basis of access his PC and was surprised to find that it
professional merit and willingness and ability to was fact interconnected with the other
serve. The candidates and many of the computers in the law office. Atty. Balgos found
participants in the election process not only out that Atienza was responsible for
violated the By-Laws of the IBP but also the interconnecting Atty. Balgo’s PC without the
ethics of the legal profession which imposes on latter’s permission. Atienza is a member of the
all lawyers, as a corollary of their obligation to Beta Sigma Lambda fraternity in MLQU. He said
obey and uphold the constitution and the laws, that he participated in his fraternity’s bar-ops but
the duty to “promote respect for law and legal only in bringing food to the examinees. Another
processes” and to abstain from “activities aimed member of the fraternity and of the law firm,
at defiance of the law or at lessening confidence Atty. Danilo De Guzman, admitted that he

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
28
downloaded the test questions from Atty. Balgo’s ethics or professional responsibility. The
PC and faxed a copy to his fraternity brother. integration of the Phil. Bar means the unification
of the entire lawyer population requiring
H: Atty. de Guzman’s act of downloading the test membership and financial support of every
questions from Atty. Balgo’s PC without the attorney as condition sine qua non to the
latter’s knowledge and permission was a criminal practice of law and the retention of his name in
act of larceny. It was theft of intellectual the Roll of Attorneys of the SC. Bar integration
property. He transgressed the very first canon does not compel the lawyer to associate.
of the Lawyer’s Code of Professional
The only compulsion is the payment of annual
Responsibility which provides that a lawyer shall
dues which, the SC, in order to foster the State’s
obey the laws of the land. By transmitting and
legitimate interest in elevating the quality of
distributing the stolen questions to his fraternity
professional legal services, may require to be
brothers, he had given them undue advantage
shared by all the subjects and beneficiaries – the
over the other examiners. He has violated
lawyers. The fee is a regulatory measure not
canons 1.01 and 7 of the CPR. He is guilty of
barred by the Constitution. The only limitation is
grave misconduct unbecoming a member of the
that the regulation should not impose an
Bar. He had impaired public respect for the
unconstitutional burden. The public interest far
court and damaged the integrity of the bar
outweighs the slight inconvenience to a member.
examinations as the final measure of a law
The compulsory nature of payment of dues
graduate’s academic preparedness to embark in
subsists for as long as one’s membership in the
the practice of law.
IBP remains, regardless of the extent of practice
of a lawyer. There is no exemption. As pointed
All this could have been avoided had Atty. Balgos
out by IBP, Atty. Arevalo could have informed
exercised due diligence in safeguarding the
the Sec. of the Bar of his intention to stay
secrecy of the test questions. He relied too much
abroad, in which case his IBP membership could
on his secretary. He should have typed the test
have been terminated and oblig to pay annual
questions using his typewriter in the privacy of
dues discontinued. Citing In re Atty. Marcial
his own home. Atty. Balgo’s negligence in the
Edillon: The practice of law is not a property
preparation and safe-keeping of his proposed
right but a mere privilege, and as such must bow
test questions was not the proximate cause for
to the inherent regulatory power of the court to
the leakage, it was the root cause.
exact compliance with the lawyer’s public
responsibilities. Membership in the bar is a
The SC recommended that Atty. de Guzman be
privilege burdened with conditions, one of which
disbarred for being morally unfit to continue as a
is the payment of membership dues.
member of the legal profession, grave
dishonesty, lack of integrity and criminal
behavior and found that he should make a
written public apology and pay damages to the 7.01
Supreme Court. Atty Balgos was likewise NO FALSE STATEMENT
reprimanded and required to make a written
apology.  Rule 7.01 A lawyer shall be
answerable for knowingly making a false
 Letter of Atty. Cecilio Arevalo (2005) statement or suppressing a material fact, in
F: The SC turned down Atty Arevalo’s request for connection with his application for admission to
exemption from IBP dues amounting to P12,035 the bar.
for the period 1977-2005 explaining that after
joining the Philippine Bar in 1961, he became NOTES
part of the Civil Service (hence, he could not be (Agpalo)
assessed his IBP dues having been prohibited
from practice of law while in government service) η Observance of the duties and responsibilities
and in 1986, he migrated to the US where he of a lawyer begins even as a law student. A
worked. student’s failure to live up to them may be a
ground for SC to refuse admission to
H: Organized by or under the direction of the practice or for disbarment should SC learn
State, an Integrated Bar is an official national later on about his/her transgressions.
body of which all lawyers are required to be
members—they are, therefore subject to all the
rules prescribed for the governance of the Bar,
including the payment of a reasonable annual fee
for the effective discharge of the purposes of the
Bar, and adherence to a code of professional

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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RULE 7.02 Castillo was preparing for the bar exam which he
NOT TO SUPPORT UNQUALIFIED BAR passed. Only after Castillo was admitted to the
APPLICANT Bar, did Zaguirre learn that he was married. She
presented an affidavit executed by Castillo, who
 Rule 7.02. A lawyer shall not support the by now is a lawyer admitting his relationship
application for admission to the bar of any with her and recognizing the baby she was
person known by him to be unqualified in respect carrying as his. However, when she gave birth,
to character, education, or other relevant Castillo refused to recognize the child and to give
attribute. her any form of support. Castillo denied all her
allegations and said that what transpired
NOTES between them was nothing but mutual lust and
(Agpalo) desire. He admitted that he executed the
affidavit but explained that he only did so to
η A lawyer should not readily execute an save Zaguirre from embarrassment. He offered
affidavit of good moral character in favor of the defense that he was not caught in flagrante
an applicant who has not live up to the delicto and he sought understanding from the
standard set by law. court by pointing out that “men by nature are
polygamous.” The SC indefinitely suspended him
η He should volunteer information or from the practice of law for gross immoral
cooperate in any investigation concerning conduct. (He was not disbarred because Court
alleged anomaly in the bar examination. This took notice of the fact that he severed his ties
is to help guard the profession from with Zaguirre and now lives with his wife and
candidates who are unfit or unqualified. children.)

η He should expose without fear or favor H: Respondent repeatedly engaged in sexual


before the SC corrupt or dishonest conduct congress with a woman not his wife and refuses
in the profession and should not hesitate to to recognize and support a child whom he
accept professional employment against a previously recognized and promised to support.
lawyer who has wronged his client. Clearly therefore, he violated the standards of
morality required of the legal profession and
should be disciplined accordingly. Atty. Castillo’s
RULE 7.03 defenses are not feasible. What is in question in
NO CONDUCT ADVERSELY AFFECTING a case like this is respondent’s fitness to be a
THE PROFESSION member of the legal profession. In a disbarment
proceeding, it is immaterial that the complainant
 Rule 7.03. A lawyer shall not is aware of his marital status or that he was not
engage in conduct that adversely reflects on his caught in pair delicto because this is not a
fitness to practice law nor shall he, whether in proceeding to grant relief to the complainant but
public or private life, behave in a scandalous one to purge the law profession of unworthy
manner to the discredit of the legal profession. members, to protect the public and the court.
Possession of good moral character is not only a
NOTES condition precedent to admission to the legal
(Agpalo) profession, but its continued possession is
essential to maintain one’s good standing in the
η The best way a lawyer can uphold the profession. Complainant’s admission to practice
integrity and dignity of the legal profession is merely creates a rebuttable presumption that he
not to engage in any conduct or do any act has all the qualifications to become a lawyer.
that adversely reflects on his fitness to
practice law, nor to behave, in his public or
private life, in a scandalous manner to the
discredit of the legal profession. (it can be CANON 8
likened to a shield in defense of rights and to COURTESY, FAIRNESS AND CANDOR
ward off wrong) TOWARDS PROFESSIONAL COLLEAGUES

 Zaguirre v. Castillo (2003)


F: Zaguirre and Castillo were officemates at the  Canon 8. A lawyer shall conduct
NBI. Zaguirre said that Castillo represented himself with courtesy, fairness, and candor
himself to be single, courted her and promised toward his professional colleauges, and shall
marriage. Soon they had intimate relations and avoid harassing tactics against opposing counsel.
Zaguirre became pregnant. During their affair,

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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30
procuring without his knowledge compromise
Rule 8.01. A lawyer shall not, in agreements during the civil case involving the
professional dealings, use language which is students and the school. The agreements
abusive, offensive or otherwise improper. required the students to waive all kinds of claims
they might have against AMA and to terminate
Rule 8.02. A lawyer shall not, directly or all civil, criminal and administrative proceedings
indirectly, encroach upon the professional filed against it. The students also wrote letters of
employment of another lawyer; however, it is apology. Atty. Pagulayan admits that only he
the right of any lawyer, without fear or favor, to participated in the formulation and execution of
give proper advice and assistance to those the various Re-Admission Agreements
seeking relief against unfaithful or neglectful complained of. He alleges however that the
counsel. agreements had nothing to do with the civil case
but were purely administrative. The SC
NOTES suspended Atty. Pangulayan from the practice of
(Agpalo) law for 3 months.

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.

 Camacho v. Pangulayan (2000) η The highest reward that can come to a


F: The counsel [our very own Prof. Manuel lawyer is the esteem of his/her brethren. It
Camacho] of expelled AMA students filed this is won in unique conditions and is a tribute
complaint against the lawyers comprising the to exceptional power controlled by
Pagulayan and Associates Law Office for conscience and a sense of public duty—to a

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
31
knightly bearing and valor in the hottest of η A client’s proffer of assistance of additional
encounters. counsel should not be regarded as evidence
of want of confidence but the matter should
be left to the determination of the client. The
2nd lawyer should communicate with the 1st
RULE 8.01 before making an appearance. Should the 1st
NOT TO ENCROACH ON lawyer object, he should decline association
PROFESSIONAL EMPLOYMENT but if the 1st lawyer is relieved, he may come
into the case.
 Rule 8.02. A lawyer shall not,
directly or indirectly, encroach upon the η When there is conflict of opinions between
professional employment of another lawyer; two lawyers jointly associated in a case, the
however, it is the right of any lawyer, without client should decide. The decision should be
fear or favor, to give proper advice and accepted unless the nature of the difference
assistance to those seeking relief against makes it impracticable for the lawyer whose
unfaithful or neglectful counsel. judgment has been overruled to cooperate
effectively. In this event, it is his/her duty to
NOTES ask client to relieve him/her.
Agpalo

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.

η A lawyer should not, in the absence of the


adverse party’s counsel, interview the CANON 9
adverse party and question him as to the UNAUTHORIZED PRACTICE OF LAW
facts of the case even if the adverse party
was willing to do so. Neither should he
sanction the attempt of his client to settle a
litigated matter with the adverse party
 Canon 9. A lawyer shall not,
without the consent or knowledge of the
directly or indirectly, assist in the unauthorized
latter’s counsel. (cf. Canon 9)
practice of law.

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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Rule 9.01. A lawyer shall not delegate to nonetheless appeared before authorisation could
any unqualified person the performance of any be given.
task which by law may only be performed by a
member of the Bar in good standing. H: Private practice does not pertain to an
isolated court appearance; rather, it
Rule 9.02. A lawyer shall not divide or contemplates a succession of acts of the same
stipulate to divide a fee for legal services with nature habitually or customarily holding one’s
persons not licensed to practice law, except: self to the public as a lawyer. It is evident that
1. Where the isolated instances when Misael appeared as
there is a pre-existing agreement with a pro bono counsel of his cousin do not constitute
partner or associate that, upon the latter’s the “private practice” of the law profession
death, money shall be paid over a contemplated by law. Nonetheless, though his
reasonable period of time to his estate or to appearances do not amount to private practice,
persons specified in the agreement; or he still failed to obtain a written permission from
2. Where a the head of the Department as required by the
lawyer undertakes to complete unfinished or Revised Civil Service Rules (No officer or
legal business of a deceased lawyer; or employee shall engage directly in any private
3. Where a business, vocation or profession…).
lawyer or law firm includes non-lawyer
employees in a retirement plan, even if the  Sps. Suarez. v. Salazar (1999)
plan is based in whole or in part, on profit- F: Atty. Filemon Manangan was hired by
sharing arrangement. the petitioners as their counsel. In 1990, the SC
found him to be in reality Andres Culanag who is
not a member of the Philippine Bar. At the
 Aguirre v. Rana (2003) hearing for this motion, Manangan admitted that
F: Edwin Rana passed the 2000 Bar he is not a lawyer entitled to practice law in the
Examinations but was denied admission after it Philippines and that despite the previous decision
was found that he appeared as counsel for a of the Court he continued to misrepresent
candidate in the May 2001 elections before the himself to be an attorney-at-law. The SC
Municipal Board of Election Canvassers of declared him guilty of indirect contempt and
Mandaon, Masbate where he even filed a sentenced him to 3 months imprisonment.
pleading representing himself as “counsel for and
in behalf of Vice Mayoralty candidate George H: [unnecessary]
Bunan.”
 Alawi v Alauya (1997)
H: To engage in the practice of law is to F: Alauya, a member of the Shari’a Bar
perform acts which are usually performed by used the title of “attorney”.
members of the legal profession. Generally, to
practice law is to render any kind of service H: The title of “attorney” is reserved to
which requires theuseof legal knowledge or skill. those who, having obtained the necessary
Rana was engaged in the practice of law when he degree in the study of law and successfully taken
appeared in the proceedings before the MBEC the Bar Examinations, have been admitted to the
and filed various pleadings without license to do IBP and remain members thereof in good
so. Respondent has shown moral unfitness to be standing, and it is they only who are authorized
a member of the Philippine Bar. Rana’s having to practice law in this jurisdiction.
passed the bar and taking the oath does not
make him a lawyer. It is the signing in the Roll
of Attorneys that finally makes one of a full-  In re del Rosario (1928)
fledged lawyer. The fact that Rana passed the F: Del Rosario, who was accepted to the
bar is immaterial. Passing the bar is not the only bar upon a review of the records, was acquitted
qualification to become an attorney-at-law. of falsifying public documents. His co-principal
however was convicted. The SC disbarred Del
Rosario despite his acquittal.
 OCA v. Ladaga (2001)
F: The SC sternly reprimanded Atty. H: Acquittal upon a criminal charge is not a
Ladaga, Branch Clerk of Court the RTC of Makati, bar to proceedings intended to determine if a
for practicing law without prior permission when candidate is worthy to be admitted to the bar.
he appeared as pro bono counsel for his cousin. The standards of the legal profession are not
Atty. Ladaga had actually requested the Court satisfied by conduct which merely enable one to
Administrator for authority to appear but escape the penalties of criminal law.

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33
c. Where a lawyer or
 US v Ney (1907) law firm includes non-lawyer employees in a
F: Bosque was not permitted to practice retirement plan, even if the plan is based in
law as he refused to relinquish his status as a whole or in part, on profit-sharing
Spanish subject. arrangement.
A signature in a pleading containing the name of
one, neither a party nor an attorney, does not
comply with the rules even if the name of a NOTES
licensed attorney is included. A signature by (Agpalo)
agents amounts to a signing by nonqualified
attorneys the office of attorney being originally η the first two exceptions to the rule represent
one of agency. compensation for legal service rendered by
H: A person not admitted to the bar may the deceased lawyer during his lifetime,
not hold himself out to the public as engaged in which is paid to his estate or heirs
the practice of law, either alone or as associated
with a practicing attorney under a firm name.
η the third exception to the rule does not
involve, strictly speaking, a division of legal
fees with non-lawyer employees. The
RULE 9.01
retirement benefits in the form of pension
NOT TO DELEGATE WORK
represent additional deferred wages or
compensation for past services of the
 Rule 9.01. A lawyer shall not
employees
delegate to any unqualified person the
performance of any task which by law may only
be performed by a member of the Bar in good
 Five J Taxi v. NLRC (1994)
standing.
H: Art. 222 of the Labor Code as amended
states that non-lawyers may appear before the
NOTES
NLRC or any labor arbiter only (1) if they
(Agpalo)
represent themselves, or (2) if they represent
their organization or the members thereof.
η Can employ secretaries, investigators,
While it may be true that Guillermo H. Pulia was
detectives, researches as long as they are
the authorized representative of private
not involved in the practice of law (e.g., not
respondents, he was a non-lawyer who did not
“writing” pleadings, appearing in court, etc.)
fall in either of the foregoing categories. Hence,
by clear mandate of the law, he is not entitled to
NOTES
attorney’s fees. Furthermore, the statutory rule
(Jardeleza)
that an attorney shall be entitled to have and
recover from his client a reasonable
η May a lawyer delegate a case to another
compensation for his services necessarily imports
lawyer within the same firm? If a client has
the existence of an attorney-client relationship
specified the services of one particular
as a condition for the recovery of attorney’s fees,
attorney, then the case may not be
and such relationship cannot exist unless the
delegated. Otherwise, it may be delegated.
client’s representative is a lawyer.

RULE 9.02
NOT TO DIVIDE LEGAL FEES

 Rule 9.02. A lawyer shall not


divide or stipulate to divide a fee for legal
services with persons not licensed to practice
law, except:
a. Where there is a pre-
existing agreement with a partner or
associate that, upon the latter’s death,
money shall be paid over a reasonable
period of time to his estate or to persons
specified in the agreement; or
b. Where a lawyer
undertakes to complete unfinished or legal
business of a deceased lawyer; or

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34
observe and maintain the respect due it
and judicial officers; assist in the speedy
and efficient administration of justice; and
Chapter 3 refraining from any impropriety tending to
influence the court in the performance of
The Lawyer and the its judicial function

Court η The first duty of a lawyer is not to his


client but to the administration of justice

η A lawyer is not an umpire but an


advocate. He is under no duty to refrain
CANON 10 from taking every proper argument in
OBSERVE CANDOR, FAIRNESS & GOOD support of any legal point because he is
FAITH not convinced of its inherent soundness

 Canon 10. A Lawyer owes candor,  Ting Dumali v. Torres (2004)


fairness and good faith to the Court. F: The SC disbarred Atty. Torres for
facilitating the conveyance of the property of his
Rule 10.01. A lawyer shall not do any parents in law by way of an extrajudicial
falsehood, nor consent to the doing of any in partition of the properties. The document
Court, nor shall he mislead or allow the Court to falsified the signature of the complainant and
be misled by an artifice. asserted that there were no other compulsory
heirs.
Rule 10.02. A lawyer shall not knowingly
misquote or misrepresent the contents of a H: The oath to which all lawyers have
paper, the language or the argument of opposing subscribed in solemn agreement to dedicate
counsel, or the text of a decision or authority, or themselves to the pursuit of justice is not a mere
knowingly cite as law a provision already ceremony or formality for practicing law to be
rendered inoperative by repeal or amendment, forgotten afterwards; nor is it mere words, drift
or assert as a fact that which has not been and hollow, but a sacred trust that lawyers must
proved. uphold and keep inviolable at all times. Also,
respondent is the brother in law of the
Rule 10.03. A lawyer shall observe the rules complainant. Being married to complainant’s
of procedure and shall not misuse them to defeat sister, he knew of his wife’s siblings. He was also
the ends of justice. consulted with regard to the falsification of
complainant’s signature in the extrajudicial
NOTES settlement. Instead of advising her to secure a
(Agpalo) written special power of attorney and against
committing falsification, he presented such
η A lawyer is first and foremost an officer document to the Registry of Deeds to secure a
of the court. He takes part in one of the new title to the lot in favour of his wife and her
most important functions of the state— sibling.
administration of justice

η As an officer of the court and as part of  Cobb Perez v. Lantin (1968)


the machinery for the administration of F: In a previous decision, the SC was
justice, a lawyer is continually accountable compelled to observe that the petitioners
to the court for the manner he discharges resorted to a series of actions and petitions,
his duties and is always subject to its abetted by their counsel, for the sole purpose of
disciplinary control thwarting the execution of a simple money
judgment which had long become final and
η The power to exclude persons from the executory. The petitioners and their counsel, far
practice of law is but a necessary incident from viewing the courts as sanctuaries for those
of the power to admit persons to said who seek justice, tried to use them to subvert
practice the very ends of justice. Corollarily, the Court
assessed treble costs against the petitioners, to
Lawyer’s duty to court, generally be paid by their counsel. The SC denied this
η A lawyer owes to the court, as its officer, motion for reconsideration by said counsel who
the duty to be candid, faithful and hones; justified their position thus: “If there was a

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35
delay, it was because petitioners’ counsel
happened to be more assertive… a quality of
lawyers which is not to be condemned.”

H: A counsel’s assertiveness in espousing NOTES


with candour and honesty his client’s cause must (Agpalo)
be encouraged and is to be commended; what
we do not and cannot countenance is a lawyer’s η Candor especially towards the court is
insistence despite the patent futility of his client’s essential to the speedy administration of
position, as in the case at bar. It is the duty of a justice.
counsel to advise his client, ordinarily a layman
to the intricacies and vagaries of the law, on the η Courts are entitled to expect only complete
merit or lack of merit of his case. If he finds that honesty from lawyers appearing before
his client’s cause is defenceless, then it is his them. Lawyers have the fundamental duty to
bounden duty to advise the latter to acquiesce satisfy that expectation.
and submit rather than traverse the
incontrovertible. A lawyer must resist the whims η It would be a great detriment to, if not a
and caprices of his client, and temper his client’s failure of, the administration of justice if the
propensity to litigate. A lawyer’s oath to uphold courts could not rely on the submissions and
the cause of justice is superior to his duty to his representations of lawyers in the handling of
client; its primacy is indisputable. their cases.

η A lawyer should not conceal the truth from


Rule 10.01 the court, nor mislead the court in any
Truthfulness Towards the Court manner no matter how demanding his duties
to clients may be.
 Rule 10.01. A lawyer shall not do
any falsehood, nor consent to the doing of any in η Rule 10.01 is also found in the lawyer’s oath.
Court, nor shall he mislead or allow the Court to η A lawyer should volunteer to the court any
be misled by an artifice. development of the case which has rendered
the issue raised moot and academic thus
avoiding the time of the court from being
 Canon 32 Code of Professional wasted.
Ethics. The lawyer's duty in its last analysis.
No client corporate or individual, however, Preferring false charges
powerful nor any cause, civil or political, however η A lawyer, including a private prosecutor,
important, is entitled to receive nor should any may not prefer nor file false charges
lawyer render any service or advice involving against another without being disciplined
disloyalty to the laws whose ministers we are, or for his action
disrespect of the judicial office, which we are
bound to uphold, or corruption of any person or η To warrant disciplinary action against a
persons exercising a public office or private trust, lawyer, who prosecutes false charges or
or deception or betrayal of the public. When complaints, it must be shown that the
rendering any such improper service or advice, charges are false and the lawyer knows
the lawyer invites and merits stern and just them to be so. (malice or bad faith)
condemnation. Correspondingly, he advances the
honour of his profession and the best interests of Introducing false evidence
his client when he renders service or gives η A lawyer who introduces evidence in any
advice tending to impress upon the client and his proceeding that he knows is false violates
undertaking exact compliance with the strictest his duty to do no falsehood nor consent to
principles of moral law. He must also observe the doing of any.
and advice his client to observe the statute law,
though until a statute shall have been construed η If a lawyer, through negligence in the
and interpreted by competent adjudication he is performance of his duties as counsel for a
free and is entitled to advise as to its validity and party, failed to discover the falsity of the
as to what he conscientiously believes to be its document which he offered in evidence,
just meaning and extent. But above all a lawyer he may still be dealt with administratively
will find his highest honour in a deserved notwithstanding lack of intent on his part
reputation for fidelity to private trust and to to deceive
public duty, as an honest man and as a patriotic
and loyal citizen.

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
36
 Young v. Batuegas (2003) execution of a valid judgment. Furthermore,
F: The Court suspended lawyers who filed a respondent committed falsehood when he stated
Manifestation with Motion for Bail on Dec 13, that he had to attend another (nonexistent)
2000, alleging that the accused voluntarily hearing. Such act violates the canons of
surrendered to a person in authority. The truth is professional ethics which obliges an attorney to
that the accused only surrendered on Dec 14, avoid the concealment of the truth from the
2000, as shown by the Certificate of Detention of court. Moreover, Aquino purposely allowed the
NBI. Respondents declared that on Dec 13, upon court to believe that he was still employed with
learning that a warrant of arrest was issued for the CLAO when in fact he had been purged from
their client, they filed the Manifestation with the said office.
motion for bail with the trial court. Then they
immediately fetched the accused in Cavite and
brought him to the NBI to voluntarily surrender.  Cuaresma v. Daquis (1975)
However, due to heavy traffic, they arrived at F: Cuaresma’s lawyer filed a petition for
the NBI at 2:00 am the next day; hence, the certiorari on stating therein that his client had no
certificate of detention indicated the accused knowledge of a previous civil case instituted by
surrendered on Dec. 14 Daquis against him; that he was not given his
day in court; that he was only given 3 days
H: A lawyer must be a disciple of truth. He swore notice of the order for the demolition of his
upon his admission to the bar that he will “do no house. In fact, Cuaresma was aware of said civil
falsehood nor consent to the doing of any in case and that he was given notice of 30 days.
court” and he shall “conduct himself as a lawyer He explained that what he meant was that he
according to the best of his knowledge and had no knowledge of the Civil case from 1968 –
discretion with all good fidelity as well to the 1970 and that he only had knowledge of the case
courts as to his clients.” Respondent lawyers fell after the decision was rendered. He further
short of the duties and responsibilities expected explained that it had been an honest mistake
from them as members of the bar. Anticipating and that there was no deliberate attempt to
that their motion for bail will be denied by the mislead the Court.
court if it found that it had no jurisdiction over H: Though his explanation appears to be a
the person of the accused, they craftily mere afterthought there is the assumption of
concealed the truth by alleging that accused had good faith in favour of respondent. Moreover,
voluntarily surrendered to a person in authority judging from the awkwardly-worded petition and
and was under detention. even his compliance quite indicative of either
carelessness or lack of proficiency in the
handling of the English language, it isn’t
 Afurong v. Aquino (1999) unreasonable to assume that his deficiency in
F: Afurong filed a complaint for ejectment the mode of expression contributed to the
against Victorino Flores for non-payment of inaccuracy of his statements. Every member of
rentals. After the court issued a writ of the bar should realize that candor in the dealings
execution, Flores sought the assistance of the with the court is the very essence of honorable
Citizen’s Legal Assistance Office (CLAO). His case membership in the profession.
was assigned to Aquino, then still an employee
of CLAO. After working on the case, Aquino was
separated from the CLAO on Oct 1, 1975. But
after this date, he still filed an urgent motion for RULE 10.02
postponement, signing his name as counsel for NOT TO MISQUOTE OR MISREPRESENT
Flores and indicating the address of CLAO as his CONTENTS OF PAPER
office address. Respondent failed to attend the
pre-trial on Dec. 12 because he had to attend  Rule 10.02. A lawyer shall not
the hearing of a Habeas Corpus Case. This knowingly misquote or misrepresent the contents
excuse was proven to be false as there were no of a paper, the language or the argument of
such case. The SC suspended Afurong from the opposing counsel, or the text of a decision or
practice of law for six months. authority, or knowingly cite as law a provision
already rendered inoperative by repeal or
H: It is the duty of an attorney to counsel amendment, or assert as a fact that which has
or maintain such actions or proceedings only as not been proved.
appear to him to be just, and such defenses only
as he believes to be honestly debatable under NOTES
the law. Respondent should not have filed a (Agpalo)
petition for certiorari considering that there was
no apparent reason for it than to delay the η In citing the SC decisions and

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[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
37
rulings, it is the bounden duty of courts,
judges and lawyers to reproduce or copy
the same word-for-word and punctuation-
mark-for-punctuation-mark

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

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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38
Court against herein petitioners, finding them
Obeying court orders. guilty and sentencing them to 5 days
η Court orders no matter how erroneous they imprisonment and a fine of P500.00 for
may be, must be respected especially by degrading the respect and dignity of the court
lawyers who are officers of the court. through the use of contemptuous language
before the court. The SC held that the order of
η This is essential to the maintenance of direct contempt was void because
government of laws and not of men. (1) it was issued without charge and hearing,
and
η It will be a trying ordeal for lawyers under (2) it was irregularly issued as an incident in
certain conditions. It may happen that already terminated criminal cases.
counsel possessed greater knowledge of the
law that the judge who presides. However, H: In this case, the statements are not
discipline and self-restraint on the part of contemptuous but merely descriptive of plaintiff’s
the bar under these conditions are necessary cause of action. The Power to punish for
of the orderly administration of justice. contempt should be used sparingly and should
be exercised only for purposes that are
η Lawyers are particularly called upon to obey impersonal, the power being intended as a
court orders and processes. Court orders, safeguard not for the judges as persons but for
however, erroneous they may be, must be the functions they exercise. On the other hand,
respected especially by lawyers who are Lawyers should bear in mind their basic duty “to
themselves officers of the court observe and maintain the respect due to the
courts of justice and judicial officers and to insist
η A lawyer who gives a clearly unsatisfactory on similar conduct by others” (Canon 11 CPR).
explanation as to why he failed to comply This attitude is best shown through scrupulous
with a lawful order or who simply ignores it preference for respectful language, is to be
commits an act within the meaning of the observed not for the sake of the temporary
term “willful disobedience”. incumbent of the judicial office, but for the
maintenance of its supreme importance.
η “willful”—flagrant misconduct such as would
indicate a disposition on the part of a lawyer
so unruly as to affect his qualifications and  In re Vicente Sotto (1949)
standing for the further exercise of his F: Atty. Vicente Sotto, then a Senator of the
profession. Republic, wrote his opinion in the Manila Times
regarding the SC’s decision, In re Angel Parazo
which was then pending reconsideration. There
Defending judges from unjust criticism. the SC cited in contempt a reporter for his
η A lawyer should refrain from subjecting the refusal to divulge his source of news published in
judge to wild and groundless accusation, to the paper. Some parts of Sotto’s statement
discourage other people from so doing and include the following “I regret to say that our
to come to his defense. High Tribunal has not only erroneously
interpreted [the Press Freedom Law] but that it
η A judge lacks the power, outside of his court, is once more putting in evidence the
to defend himself against unfounded incompetency or narrow-mindedness of the
criticism. It is the duty of the lawyer to majority of its members. In the wake of so many
come to his defense for no other person than blunders and injustices deliberately committed
a lawyer who can better appropriately during these last years, I believe that the only
support the judiciary and judicial officers remedy to put an end to so much evil, is to
change the members of the Supreme Court. (He
will introduce a bill in Congress reorganising the
 Guerrero v. Villamor (1989) judicary)… the SC of today constituted a
constant peril to liberty and democracy. It need
F: Consequent to the dismissal of some
to be said loudly, very loudly, so that even the
criminal cases for qualified theft against one
deaf may hear: the Supreme Court of today is a
Gloria Naval by respondent Judge Villamor, the
far cry from the impregnable bulwark of Justice
offended party thru his lawyer and herein co-
of those memorable times of Cayetano Arellano,
petitioner filed before the RTC an action for
Victorino Mapa, Manuel Araullo and other learned
damages against respondent judge for knowingly
jurists who were the honour and glory of the
rendering an unjust judgment in the aforesaid
Philippine Judiciary.” Sotto argues that the SC
criminal cases. Respondent judge issued in
has no power to impose penalties on the citizens
criminal cases an Order of Direct Contempt of
absent legislation. He also claims that he is

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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39
exercising his freedom of speech and that his the right of the citizen, is the maintenance of the
statement was done in utmost good faith. He independence of the judiciary.
claims he has no intention of offending any of
the majority of the honourable members of the
tribunal. The SC cited Sotto in contempt
required him to show cause why he should not RULE 11.01
be disbarred. PROPER ATTIRE

H: Mere criticism or comment on the  Rule 11.01. A lawyer shall appear in


correctness or wrongness, soundness or court properly attired.
unsoundness of the decision of the court in a
pending case made in good faith may be NOTES
tolerated; because if well founded it may (Aguirre)
enlighten the court and contribute to the
correction of an error if committed; but if it is η Courts have ordered a male attorney to wear
not well taken and obviously erroneous, it should a necktie and have prohibited a female
not influence the court in reversing or modifying attorney from wearing a hat. However, the
its decision. But respondent does not merely prohibition of a dress whose hemline was
criticize or comment on the decision of the five inches above the knee was held to be
Parazo case, which was then and still is pending acceptable as such “had become an accepted
reconsideration by this court upon petition of mode of dress even in places of worship.”
Angel Parazo. He not only intends to intimidate
the members of this Court with the presentation (Agpalo)
of a bill in the next Congress reorganizing the SC
and reducing the members of justices from η Barong Tagalog or a coat and tie
eleven to seven who are “incompetent and η Respect begins with the lawyer’s outward
narrow-minded” in order to influence the final physical appearance in court. Sloppy or
decision of said case by this Court, and thus informal attire adversely reflects on the
embarrass or obstruct the administration of lawyer and demeans the dignity and
justice. He also attacks the honesty and integrity solemnity of court proceedings.
of the SC into disrepute and degrading the
administration of justice. His statement
necessarily undermines the confidence of the RULE 11.02
people in the honesty and integrity of the PUNCTUALITY
members of this Court, and consequently to
lower or degrade the administration of justice by  Rule 11.02. A lawyer shall
the SC.. As a member of the bar and an officer punctually appear at court hearings.
of the courts, Sotto is duty bound to uphold the
dignity and authority of this court, to which he NOTES
owes fidelity according to the oath he has taken (Agpalo)
as such attorney, and not to promote distrust in
the administration of justice. Respect to the η A lawyer owes the court and his client
courts guarantees the stability of other the duty to punctually appear at court
institutions, which without such guaranty would proceedings
be resting on a very shaky foundation. It is also
well settled that an attorney as an officer of the η Inexcusable absence from, or
court is under special obligation to be respectful repeated tardiness in, attending a pre-trial
in his conduct and communication to the courts, or hearing may subject the lawyer to
he may be removed from office or stricken from disciplinary action as his actions showing
the roll of attorneys as being guilty of flagrant disrespect to the court make him guilty of
misconduct. Respondent’s assertion that his contemptuous behavior
statement was made in good faith and without
intention of offending any member of the SC
may mitigate but not exempt him from liability RULE 11.03
for contempt of court. It is also true that the PROPER LANGUAGE AND BEHAVIOUR
constitutional guaranty of freedom of speech and
the press must be protected to its fullest extent,  Rule 11.03. A lawyer shall abstain
but license or abuse of liberty of the press and of from scandalous, offensive or menacing
the citizen should not be confused with liberty in language or behavior before the courts.
its true sense. As important as the maintenance
of an unmuzzled press and the free exercise of

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40
NOTES F: Atty. Cezar Sangco, a former judge and
(Agpalo) counsel for petitioners Jose and Lutgarda
Sangalang, was charged for contempt for using
Lawyer’s Courtesy “intemperate and accusatory language” in his
η It must never be forgotten that a lawyer motion for reconsideration. In that motion, he
pleads; he does not dictate. He should be claimed that the Court’s decision “reads more
courageous, fair, and circumspect, not like a Brief for Ayala” and that the Court has “not
petulant, combative, or bellicose in his only put to serious question its own integrity and
dealings with the court competence but also jeopardized its own
campaign against graft and corruption
η While criticism of judicial conduct is not undeniably pervading the judiciary...” He also
forbidden and zeal in advocacy is accused the Court of judicial arrogance. The SC
encouraged, the lawyer must always act suspended him from the practice of law for three
within the limits of propriety and good months.
taste and with deference for the judges
before whom he pleads his client’s cause H: The Court found Atty. Sangco’s statements
disparaging, intemperate and uncalled-for. His
η A lawyer should not assail, without suggestions that the Court might have been
basis, the personal integrity of a judge guilty of graft and corruption in acting on these
and accuse him of misfeasance in an cases are not only unbecoming, but comes, as
attempt to hide his own inadequacies and well, as an open assault upon the Court’s honor
omissions to escape criticism of his client and integrity. He should be aware that because
of his accusations, he has done an enormous
η The discharge of the lawyer’s duty to his disservice to the integrity of the highest tribunal
client does not justify or require the use of and to the stability of the administration of
defamatory or threatening words. Neither justice in general. Atty. Sangco is entitled to his
does the mistake of a judge in some of his opinion but not to a license to insult the Court
rulings warrant the use of offensive with derogatory statements and recourses to
language argumenta ad hominem. In that event, it is the
Court’s duty “to act to preserve the honor and
η There is no defense against the use in a dignity...and to safeguard the morals and ethics
pleading by a lawyer of disrespectful, of the legal profession.” A lawyer’s "first duty is
threatening, abusive, and abrasive not to his client but to the administration of
language. It cannot be justified by the justice; to that end, his client's success is wholly
constitutional right of free speech for such subordinate; and his conduct ought to and must
right is not absolute and its exercise must always be scrupulously observant of law and
be within the context of a functioning and ethics." And while a lawyer must advocate his
orderly system of dispensing justice client's cause in utmost earnest and with the
maximum skill he can marshal, he is not at
η Where words are abrasive or insulting, liberty to resort to arrogance, intimidation, and
evidence that the language employed is innuendo. Certainly, it is the prerogative of an
justified by the facts is not admissible as a unsuccessful party to ask for reconsideration, but
defense as we held in Laureta, litigants should not "'think
that they will win a hearing by the sheer
Judge’s Courtesy multiplication of words'". As we indicated the
η The duty to observe and maintain movants have raised no new arguments to
respect is not a one-way duty from a layer warrant reconsideration and they can not veil
to a judge. A judge should show no that fact with inflammatory language.
shortness of temper which merely detracts
from the equanimity and judiciousness
that should be the constant marks of a  In re Vicente Raul Almacen (1970)
dispenser of justice F: Atty. Vicente Raul Almacen was a
counsel for defendant in civil case Calero vs.
η A judge may utilize his opportunities to Yaptingchay. The trial court rendered judgment
criticize and correct unprofessional against his client. Both the CA and the SC
conduct of attorneys but he may not do so dismissed his appeals. The latter did so via a
in an insulting manner minute resolution. Angered, Atty. Almacen filed a
“Petition to Surrender Lawyer’s Certificate of
Title” (Sept. 25, 1967) in protest against what he
 Sangalang v. IAC (1989) asserts as “a great injustice committed against
his client by this SC.” He indicted the Court as a

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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41
tribunal “peopled by men who are calloused to important part of the traditional work of a
our pleas for justice, who ignore without reasons lawyer. As a citizen and as officer of the court, a
their own applicable decisions and commit lawyer is expected not only to exercise his right,
culpable violations of the Constitution with but also to consider it his duty to avail of such
impunity.” He further said that “justice as right. But the cardinal condition of all such
administered by present members of the criticism is that is shall be bona fide and shall not
Supreme Court is not only blind, but also deaf spill over the walls of decency and propriety.
and dumb.” He vowed to argue before the
people’s court and disclosed the contents of the “Atty. Almacen used his proffered surrender of
petition to the media. This was published in the his lawyer’s certificate as a vehicle for his vicious
Manila Times and the Manila Chronicles. The SC tirade against this Court. He used vicious
decided to withhold action until Almacen actually language and scurrilous innuendos that
surrendered his certificate. But since no word transcend the permissible bounds of legitimate
came from him, the Court reminded him of his criticism, picturing his client as a sacrificial victim
offer. Almacen replied that he has no pending at the altar of hypocrisy, a victim of silent
petition as regards the Calero case. The SC injustices and short-cut justice. He caused the
then required Almacen to show cause “why no publication of his petition and he expressed no
disciplinary action should be taken against him.” regret or apology. They could serve no other
Denying the charges, he asked to give his purpose but to gratify the spite of an irate
reasons in an “open and public hearing.” SC attorney, attract public attention to himself and,
warned him that if he did not give reasons for his more important of all, bring this Court and its
request within 5 days, oral arguments will be members into disrepute and destroy public
deemed waived. Almacen explained that since confidence in them to the detriment of the
the Court is “the complainant, prosecutor and orderly administration of justice. Like any other
Judge,” he preferred to be heard and to answer Government entity in a viable democracy, the
questions in a public hearing. He also asked for Court is not, and should not be, above criticism.
leave to file a written explanation, to which the But a critique of the Court must be intelligent
Court consented. In his written explanation, and discriminating, fitting to its high function as
Almacen offered no apology. SC called the the court of last resort. Valid and healthy
answer “as undignified and cynical as it is criticism is by no means synonymous to obloquy,
unchastened.” Almacen repeated his “jeremiad of and requires detachment and disinterestedness.
lamentations,” this time quoting from the Bible. Any criticism of the Court must possess the
He particularly attacked the minute resolution, quality of judiciousness and must be informed by
assailing the justice system as “...deaf in the perspective and infused by philosophy. It is an
sense that no members of this Court has ever utter misapprehension, if not a total distortion,
heard our cries for charity, generosity, fairness, to say that the members of the Court are the
understanding, sympathy and for justice; dumb complainants, prosecutors and judges all rolled
in the sense that inspite of our beggings, up into one.
supplications, and pleadings to give us reasons
why our appeal has been DENIED, not one word
was spoken or given...”
RULE 11.04
H: Every citizen has the right to comment NOT TO ATTRIBUTE TO JUDGE MOTIVES
upon and criticize the actuations of public
officers. The danger of confusing fury to an  Rule 11.04. A lawyer shall not
attack on one’s integrity, competence and attribute to a Judge motives not supported by
honesty, “with imminent danger to the admin of the record or have no materiality to the case.
justice” is the reason why the courts have been
unwilling to inflict punishment on those who NOTES
assail their actuations. The Court also treats with (Agpalo)
forbearance and restraint a lawyer who
vigorously assails their actuations, provided it is η The rule allows such criticism so long as it is
done in respectful terms and through legitimate supported by the record or it is material to
channels. For courageous and fearless advocates the case. A lawyer’s right to criticize the acts
are the strands that weave durability into the of courts and judges in a proper and
tapestry of justice. The reason is that an respectful way and through legitimate
attorney does not surrender his right as a citizen channels is well recognized.
to criticize the decisions of the court in fair and η What a lawyer can ordinarily say against a
respectful manner, and the independence of the concluded litigation and the manner the
Bar, as well as the judiciary, has always been judge handed down the decision therein may
encouraged by the courts. Criticism has been an not generally be said to a pending action.

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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42
Once a litigation is concluded the judge who against Maceda, the investigation being
decided it is subject to the same criticism as conducted by the Ombudsman encroaches into
any other public official because then his the Court’s power of administrative supervision
ruling becomes public property and is thrown over all courts and its personnel, in violation of
open to public scrutiny. the doctrine of separation of powers.
η The cardinal condition of all such criticism is
that it shall be bona fide, and shall not spill
over the wall of decency and propriety.

CANON 12
RULE 11.05 ASSIST IN SPEEDY AND EFFICIENT
GRIEVANCES AGAINST JUDGES— ADMINISTRATION OF JUSTICE

 Rule 11.05. A lawyer shall submit


grievances against a Judge to the proper  Canon 12. A lawyer shall exert
authorities only. every effort and consider it his duty to assist in
the speedy and efficient administration of justice.
 Const art. VIII, sec. 6. The Supreme
Court shall have administrative supervision over Rule 12.01. A lawyer shall not appear for
all courts and the personnel thereof. [the SC is trial unless he has adequately prepared himself
the proper authority] on the law and the facts of his case, the evidence
he will adduce and the order of its proferrence.
NOTES He should also be ready with the original
(Agpalo) documents for comparison with the copies.

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

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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43
in which event he must, during his  Rule 12.01. A lawyer shall not
testimony, entrust the trial of the case to appear for trial unless he has adequately
another counsel. prepared himself on the law and the facts of his
case, the evidence he will adduce and the order
 CONST. art III, sec 6. All persons shall of its proferrence. He should also be ready with
have the right to a speedy disposition of their the original documents for comparison with the
cases before all judicial, quasi-judicial, or copies.
administrative bodies.
 Rule 18.02. A lawyer shall not
 Rule 138 Sec 20(g). Duties of handle any legal matter without adequate
attorneys. – It is the duty of an attorney: (g) Not preparation.
to encourage either the commencement or the
continuance of an action or proceeding, or delay NOTES
any man’s cause, from any corrupt motive or (Agpalo)
interest.
η Without adequate preparation, the lawyer
NOTES may not be able to effectively assist the
(Agpalo) court in the efficient administration of
justice. Non-observance of this rule might
Duty to assist in the administration of justice result in:
η The first duty of a lawyer is not to his client 1) The postponement of the pre-
but the administration of justice. As an trial or hearing, which would thus entail
officer of the Court, it is the duty of the delay in the early disposition of the case,
lawyer to advance the Court’s objective of 2) The judge may consider the
having a speedy, efficient, impartial, correct, client non-suited or in default or
and inexpensive adjudication of case and the 3) The judge may consider the
prompt satisfaction of final judgments. case deemed submitted for decision
without client’s evidence, to his
η The duty to assist in the administration of prejudice.
justice may be performed by doing no act
that obstructs, perverts, or impedes the
administration of justice and by faithfully RULE 12.02
complying with all his duties to the court and FORUM SHOPPING
to his client. Examples of the former would
include the duty to inform the court of any  Rule 12.02. A lawyer shall not file
change of his address or of the death of his multiple actions arising from the same cause.
client.
 Rule 7, sec. 5. The plaintiff or principal
η Acts that amount to obstruction of the party shall certify under oath in the complaining
administration of justice may take many or other initiatory pleading asserting a claim for
forms. They include such acts as instructing relief, or in a sworn certification annexed thereto
a complaining witness in a criminal case not and simultaneously filed therewith:
to appear at the scheduled hearing so that a) that he has not theretofore commenced any
the case against his client, the accused, action or filed any claim involving the same
would be dismissed. issues in any court, tribunal or quasi-judicial
η Ordinarily, obstruction of justice constitutes agency and, to the best of his knowledge, no
contempt of court, and citing the such other action or claim is pending
misbehaving lawyer for contempt and therein;
punishing him for such misbehavior may be b) if there is such other pending action or
sufficient to accomplish the end desired. claim, a complete statement of the present
However, the misbehavior may be of such status thereof; and
character as to effect the offender’s c) if he should thereafter learn that the same
qualifications as a lawyer for the practice of or similar action or claim has been filed or is
law. In such case, he may be disciplined as a pending, he shall report that fact within 5
lawyer for such misconduct. days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has
been filed.
RULE 12.01 Failure to comply with the foregoing
ADEQUATE PREPARATION requirements shall not be curable by mere
amendment of the complaint or other initiatory
pleading but shall cause for the dismissal of the

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[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
44
case without prejudice, unless otherwise  Rule 12.04. A lawyer shall not unduly
provided, upon motion after hearing. The delay a case, impede the execution of a
submission of false certification or non- judgment or misuse court processes.
compliance with any of the undertaking therein
shall constitute indirect contempt of court, NOTES
without prejudice to the corresponding (Agpalo)
administrative and criminal actions. If the acts
of the party or his counsel clearly constitute Tempering client’s propensity to litigate
willful and deliberate forum shopping, the same η While a client may withhold
shall be ground for summary dismissal with from his counsel certain facts or give him
prejudice and shall constitute direct contempt, as false information to attain his unlawful
well as a cause for administrative sanctions. ends, a lawyer can easily see through the
client’s action either before or at the early
NOTES stage of the litigation
(Agpalo)

η It is essential to an effective and efficient η If after his appearance a lawyer


administration of justice that once a discovers that his client has no case, he
judgment has become final the winning may not unceremoniously abandon the
party be not, through subterfuge, and action. He should advise his client to
misuse of legal process, deprived of that discontinue the action or to confess
verdict. judgment, and if the client is determined
to pursue it he should ask that he be
η Rule 12.02 stresses the affirmative duty of a relieved from professional responsibility
lawyer to check against useless litigations.
His signature in every pleading constitutes a Lawyer to discourage appellate review
certificate by him that to the best of his η If a lawyer is honestly convinced of the
knowledge there is a good ground to support futility of an appeal in a civil suit he should
it and that it is not to interpose for delay. not hesitate to temper his client’s desire to
The willful violation of this rule may subject seek appellate review of such decision for
him to (1) appropriate disciplinary action or unless, he could show sufficient cause for
(2) render him liable for the costs of reversal, he would only succeed in planting
litigation. false hope in his client’s mind, increasing the
burden on appellate tribunals, prolonging
litigation unnecessarily and exposing his
RULE 12.03 client to useless expenses.
NOT TO DELAY CASE
η Nonetheless a lawyer should not, solely on
 Rule 12.03. A lawyer shall not, after his own judgment, let the decision become
obtaining extensions of time to file pleadings, final by letting the period to appeal lapse,
memoranda or briefs, let the period lapse without informing his client of the adverse
without submitting to the same or offering an decision and of his candid advice in taking
explanation for his failure to do so. appellate review thereof, well within the
period to appeal, so that the client may
NOTES decide whether to pursue appellate review.
(Agpalo)

 Malonso v. Principe (2004)


η Where a lawyer’s motion for
extension of time to file a pleading, F: In expropriation proceedings by the
memorandum or brief has remained NAPOCOR against several lot owners in Bulacan,
unacted by the court, the least that is the president of an organization of the lot owners
expected of him is to file it within the entered into a contract for legal services with
period asked for Atty. Principe. The complainant Malonso, a
member of the same organization, appointed on
the other hand a certain Elfa as his attorney-in-
RULE 12.04 fact on the matter of negotiation with NPC.
COURT PROCESS Eventually, an amicable settlement was had
between NAPOCOR and the lot owners. More
than 2 years after the expropriation cases were
instituted, Atty. Principe filed his motion to

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


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[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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45
separate legal fees and filed his “Notice of Entry desire to rely on every conceivable defense that
of Appearance” claiming that he is the legal could delay if not defeat the satisfaction
counsel of the lot owners. The other lot owners incumbent on one’s client, counsel would
including Malonso wrote a letter to NPC attempt to put the most favorable light on a
informing the latter that they have never course of conduct which certainly cannot be
authorized Sandama’s President to hire the given the stamp of approval. Not that it would
services of Atty. Principe’s law firm to represent clear counsel of any further responsibility. His
them. Atty. Principe filed several motions to conduct leaves much to be desired. The effort to
ensure his claim to the 40% of the selling price evade liability by petitioner by invoking due
of the properties being expropriated. An process guaranty must not be rewarded with
investigation conducted by the IBP success. An effort was made to serve petitioner
recommended Atty. Principe’s suspension from with a copy of the decision; that such effort
the practice of law for two years on the ground failed was attributable to the conduct of its own
that Atty. Principe had violated among others counsel.
Rule 12.04 which says that “a lawyer shall not
unduly delay a case, impede the execution of a It is not enough that petitioner be required to
judgment or misuse Court processes.” In its pay the sum due to Abitria. The unseemly
Resolution, the IBP Board ordained his conduct of petitioner’s counsel calls for words of
suspension from the practice of law for 2 years. reproof. It is one thing to exert to the utmost
The SC however found that formal requisites of one’s ability to protect the interest of one’s
the investigation and resolution had not been client. It is quite another thing to take advantage
complied with and dismissed the case requiring any unforeseen turn of events, if not to create
the IBP to comply with the procedure outlined in one, to delay if not to defeat the recovery of
Rule 139-B in all cases involving disbarment and what is justly due and demandable, especially so
discipline of attorneys. when the obligee is a poverty-stricken man
suffering from a dreaded disease. The ancient
H: [not pertinent] and learned profession of the law stresses the
fairness and honor; that must be ever kept in
mind by everyone who is enrolled in its ranks
 Manila Pest Control v. Workmen’s and who expects to remain a member of a good
Compensation Commission (1968) standing.
F: Abitria, an employee of MPC suffered
from tuberculosis found to have been contracted RULE 12.05 TO 12.07
from his work. He was granted disability benefits PROPER BEHAVIOR TOWARDS WITNESSES
by the Court but Manila Pest Control alleged
infringement of due process as it was not served  Rule 12.05 A lawyer shall refrain
the decision by the court thru its counsel. It from talking to his witness during the break or
claimed that a writ of execution should have not recess in the trial, while the witness is still under
have been ordered since it did not receive a copy examination.
of the decision. The decision was sent to Atty.
Camacho, who was without any connection to Rule 12.06 A lawyer shall not knowingly
the case, and not to its counsel Atty. Corpuz. assist a witness to misrepresent himself or to
The SC upheld the decision of the WCC which impersonate another.
explained that when it delivered the decision to
Atty. Corpuz, he refused to receive the decision Rule 12.07 A lawyer shall not abuse,
alleging that he was no longer handling the case. browbeat or harass a witness nor needlessly
He instead instructed WCC to deliver said inconvenience him.
decision to Atty. Camacho, who according to him
was now handling the case. In view of said  Rule 132, sec. 3. Rights and
instruction, the employee of WCC handed the obligations of a witness. A witness must answer
copy of the decision to the receiving clerk in the questions, although his answer may tend to
Office of Atty. Camacho. The Court imposed establish a claim against him. However, it is the
treble costs against petitioner to be paid by Atty. right of a witness:
Corpuz. 1) To be protected from irrelevant, improper, or
insulting questions, and from harsh or
H: It is sad to note that Atty. Corpuz is now insulting demeanor;
impugning the delivery of the decision to Atty. 2) Not to be detained longer than the interests
Camacho when in fact the delivery of said of justice require;
decision was made per his instruction to the 3) Not to be examined except only as to
employee of WCC. This would not be the first matters pertinent to the issue;
time where out of excess of zeal and out of

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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46
4) Not to give an answer which will tend to held liable administratively or for contempt
subject him to a penalty for an offense of court
unless otherwise provided by law; or
5) Not to give an answer which will tend to RULE 12.08
degrade his reputation, unless it be to the NOT TO TESTIFY IN BEHALF OF A CLIENT
very fact at issue or to a fact from which the
fact in issue would be presumed. But a  Rule 12.08 A lawyer shall avoid
witness must answer to the fact of his testifying in behalf of his client; except:
previous conviction for an offense. a. on formal matters, such as mailing,
authentication or custody of an instrument,
and the like; or
b. on substantial matters, in cases where
his testimony is essential to the ends of
justice, in which event he must, during his
testimony, entrust the trial of the case to
 P.D. No. 1829 Penalizing the another counsel.
obstruction of apprehension and
prosecution of criminal offenders (1981)— NOTES
ANNEXED (Agpalo)

NOTES η The underlying reason for the impropriety of


(Agpalo) a lawyer acting in such dual capacity lies in
the difference between the function of a
η Rule 12.05. The purpose of this rule is to witness and that of an advocate. The
avoid any suspicion that he is coaching the function of a witness is to tell the facts as he
witness what to say during the resumption of recalls then in answer to questions. The
the examination. function of an advocate is that of a partisan.
It is difficult to distinguish between the zeal
η Rule 12.06. A lawyer may interview of an advocate and the fairness and
witnesses in advance of trial or attend to impartiality of a disinterested witness
their needs if they are poor but he should
avoid any such action as may be η The lawyer will find it hard to disassociate
misinterpreted as an attempt to influence his relation to the client as a witness and his
the witness what to say in court. Court will relation to the party as a witness. The dual
not give weight on a testimony of a witness relationship would invite embarrassing
who admits having been instructed. A lawyer criticisms which could be harmful to the
who presents a witness whom he knows will reputation of the profession.
give a false testimony or is an impersonator
may be subjected to disciplinary action.
 PNB v. Uy Teng Piao (1932)
η Rule 12.07. The lawyer has a duty to always F: Pursuant to a judgment of the CFI the
treat adverse witnesses and suitors with mortgaged lands of Uy Teng Piao were sold. PNB
fairness and due consideration. obtained a waiver of the right to redemption. Uy
Teng Piao alleged that the waiver was given with
η Rule 12.07. The client cannot be made the the agreement that the bank would not collect
keeper of the lawyer’s conscience in from him the balance of judgment. One of the
professional matters. He has no right to attorneys for the bank during trial testified that
demand that his counsel abuse the opposite the defendant renounced his right to redeem the
party and the latter’s witnesses or indulge in parcel of land because a friend of the defendant
offensive personalities. Improper speech is was interested in buying it.
not excusable on the ground that it is what
the client would say if speaking in his own H: With respect to the testimony of the
behalf bank’s attorney, we should like to observe that
although the law does not forbid an attorney to
be a witness and at the same time an attorney in
η Rule 12.07. If it is the judge who subjects a cause, the courts prefer that counsel should
the witness to harsh treatment, the lawyer not testify as witness unless it is necessary and
has the right to protest in a respectful and that they should withdraw from the active
dignified manner the action of the judge and management of the case. Canon 19 of the Code
to make the incident of record without being of Legal Ethics provides that “when a lawyer is a
witness for his client, except as to merely formal

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
47
matters. Such as the attestation or custody of an Plunder Law Case Hurled by Atty. Leonard
instrument and the like, he should leave the trial de Vera (2003)
of the case to other counsel. Except when F: Atty. De Vera made some remarks to
essential to the ends of justice, a lawyer should the Philippine Daily Inquirer regarding a pending
avoid testifying in court in behalf of his client.” case involving the constitutionality of the Plunder
Law. In one statement, “he asked the SC to
dispel rumors that it would vote in favor of a
petition filed by Estrada’s lawyers to declare the
plunder law unconstitutional” and that his group
CANON 13 was greatly disturbed by the rumors. In another
statement, he said that a decision in favour of
REFRAIN FROM ACTS the law’s unconstitutionality would trigger mass
GIVING APPEARANCE OF INFLUENCE actions and the people would not just swallow
any SC decision that is basically wrong. Atty. De
Vera admitted to making the statements but that
these were factually accurate and that these are
within his right to freedom of speech. Also, his
 Canon 13. A lawyer shall rely upon second statement is allegedly historically correct
the merits of his cause and refrain from any (Marcos and Erap times) but that both
impropriety which tends to influence, or gives statements are not to degrade the court, to
the appearance of influencing the court. destroy public confidence and to bring it into
disrepute. The SC found that de Vera’s acts
Rule 13.01. A lawyer shall not extend constitute indirect contempt and fined him
extraordinary attention or hospitality to, nor seek P20,000.
opportunity for cultivating familiarity with
Judges. H: Freedom of speech is not absolute, and
must be balanced with the requirements of
Rule 13.02. A lawyer shall not make public equally important public interests, such as the
statements in media regarding a pending case maintenance of the integrity of the courts and
tending to arouse public opinion for or against a orderly functioning of the administration of
party. justice. De Vera is in abuse of his right.
Unwarranted attacks on the dignity of the courts
Rule 13.03. A lawyer shall not brook or cannot be disguised as free speech, for the
invite interference by another branch or agency exercise of said right cannot be used to impair
of the government by another branch or agency the independence and efficiency of courts or
of the government in normal course of judicial public respect thereof and confidence. His
proceedings. statements are not fair criticisms of any decision
of the Court, but are threats made against it to
NOTES force the Court to decide the issue in a particular
(Agpalo) manner, or risk earning the ire of the public. It
tends to promote distrust an undermines public
η Improper acts of a lawyer which give the confidence in the judiciary, by creating the
appearance of influencing the court to decide impression that the Court cannot be trusted to
a case in a particular way lessen the resolve cases impartially, uninfluenced by public
confidence of the public in the impartial clamor and other extraneous influences.
administration of justice and should be
avoided.  Nestle Phils v. Sanchez (1987)
η Courts as impartial administrators of justice F: Two unions with pending cases before the SC
are entitled to disposed of their business in had intermittent pickets in front of the Padre
an orderly manner, free from outside Faura gate of the SC building, obstructing access
interference obstrusive of their functions and to and egress from the Court’s premises. They
tending to embarrass the administration of also constructed provisional shelters, set up a
justice, just as litigants are entitled to have kitchen, littered the area causing it to be
their causes tried fairly by an impartial unhygienic and unsanitised, waved their red
tribunal, uninfluenced by publication, public streamers and placards with slogans, and
clamor, bias, prejudice or sympathies. harangued the court with the use of
loudspeakers. Two justices called the leaders of
the unions and their counsel to inform them that
 In Re: Published Alleged Threats the pickets constitute direct contempt of court,
Against Members of the Court in the and that their petitions could not be heard until

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[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
48
the pickets stop. Atty Espinas, the counsel for 13.02
the unions, apologised and assured that the acts NO PUBLIC STATEMENT TO MEDIA
would not be repeated. The SC dismissed the
contempt charges against Atty. Espinas.  Rule 13.02. A lawyer shall not make
public statements in media regarding a pending
H: Grievances must be ventilated through proper case tending to arouse public opinion for or
channels (appropriate petitions, motions or other against a party.
pleadings) in keeping with the respect due to the
Courts as impartial administrators of justice NOTES
entitled to proceed to the disposition of its (Agpalo)
business in an orderly manner, free from outside
interference obstructive of its functions and
tending to embarrass the administration of
η Purpose: Newspaper publications regarding a
pending or anticipated litigation may
justice. The acts of the respondents are not only
interfere with a fair trial, prejudice the
affront to the dignity of this Court, but equally a
administration of justice, or subject a
violation of the right of the adverse parties and
respondent or a accused to a trial by
the citizenry at large. The individuals cited are
publicity and create a public inference of
not knowledgeable in the intricacies of
guilt against him
substantive and adjective laws, but the duty of
advising them rests primarily on their counsel of
record. For though the rights of free speech and η This is the reason why certain proceedings
of assembly are constitutionally protected, an are considered confidential and their
attempt to pressure or influence courts of justice publication prohibited until their final
is no longer within the ambit of constitutional resolution by the courts, as in administrative
protection. complaints against judges and lawyers

η Public officials charged with duty of


13.01 prosecuting or defending actions in court
NO EXTRAORDINARY ATTENTION may issue statements but such statements
should avoid any statement of fact likely to
 Rule 13.01. A lawyer shall not create an adverse attitude in the public mind
extend extraordinary attention or hospitality to, respecting the alleged actions of the
nor seek opportunity for cultivating familiarity defendants to the pending proceedings.
with Judges.

NOTES η Picketing is a form of public expression by a


(Agpalo) group or organization of sentiments or
opinions on a particular matter. It should not
be held to influence a court to decide a case
η The common practice of some lawyers
in a particular way. The duty and
making judges and prosecutors godfathers of
responsibility of advising the picketers and
their children to enhance their influence and
their leaders that what they are doing is
their law practice should be avoided by
contemptuous rests primarily upon their
judges and lawyers alike
lawyers who, as officers of the court, are
duty-bound to apprise them of proper
η A lawyer should not see a judge in chamber decorum and attitude towards courts of
and talk to him about a case he is handling justice. (Cf. Nestle Phils. v. Sanchez supra at
and pending in the judge’s court Rule 13.01)

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

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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49
any other public official because then, his
ruling becomes public property and is thrown
open to public consumption.  In re Request Radio TV Coverage
(2001)
η A newspaper publication tending to impede, F: The petitioner, in essence, sought to reverse
obstruct, embarrass or influence the courts the 1991 SC resolution denying the live coverage
in administering justice in a pending case of a libel case filed by then President Aquino. In
constitutes criminal contempt, but the rule is this case, petitioners requested the Court to
otherwise after the litigation is ended. allow live media coverage of the anticipated trial
before the Sandiganbayan of criminal charges
Limitations on right to criticize against Pres. Estrada. In the 1991 case, the
η Right of lawyer to comment on or criticize court totally prohibited live radio and TV
the decision of a judge or his acts is not coverage because of the prejudice it poses to the
unlimited. Criticism must be bona fide and defendant’s right to due process and to the fair
must not spill over the walls of decency and and orderly administration of justice. The Court
propriety. also held that the right of the people to
information may be served by less distracting,
η A publication in or outside of court tending to degrading and prejudicial means. The radio and
impede, obstruct, embarrass or influence the TV coverage allowed was limited to shots of the
courts in the administration of justice in a courtroom, the judicial officers, the parties and
pending suit, or to degrade the courts, their counsel taken prior to the commencement
destroy public confidence in them or bring of official proceedings. No video shots or
them in any way to disrepute, whether or photographs were permitted during the trial
not there is a pending litigation, transcends proper. The SC denied the petition.
the limits of fair comment. Such publication
or intemperate and unfair criticism is a gross H: This resolution of this case involves the
violation of the lawyer’s duty to respect the weighing out of the freedom of the press and the
courts. right of the people to information on one hand,
and the fundamental rights of the accused on the
η Press may not publicize proceedings other, along with the constitutional power of the
declared confidential by law or by SC court to control its proceedings in ensuring a fair
resolution until their final adjudication. No and impartial trial. Jurisprudence tells us that
one may publicly comment thereon during the right of the accused must be preferred.
their pendency. (ex. disciplinary actions Television can work profound changes in the
against judges and lawyers) behavior of the people it focuses on. However,
the actual effect of media cannot be quantified.
η Maintainance of an unmuzzled press and the The effect of television may escape the ordinary
free exercise of the rights of the citizens is means of proof, but is not far-fetched.
as important as preservation of
independence of the judiciary. The court also pointed out that a public trial is
not synonymous to a publicized trial. Although
Right and duty of lawyer to criticize courts the court recognizes the constitutionally
η Guarantees of a free speech and a free press protected freedom of the press and the right to
include the right to criticize judicial conduct, public information, within the courthouse, the
hence, this rule is not intended to prevent or overriding consideration is still the paramount
preclude criticism of judicial acts of a judge. right of the accused to due process.

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.

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50
The court said that it is undeniable that these interrogation would work to unjustly prejudice
criminal cases have twice become focal points in the accused.
the conflicting EDSA II and EDSA III. The Televising a court trial would amount to a
magnitude of these events has divided the violation of due process. A carnival atmosphere
nation. The court cannot turn a blind eye on would be created.
another possible extraordinary case of mass
action being allowed to creep into the business of Jurisprudence also states that there is nothing
he courts. that proscribes the press from reporting events
that transpire in the courtroom. But there is a
Finally, it said that unlike other government reasonable likelihood that the prejudicial news
offices, courts do not express the popular will of prior to trial will prevent a fair trial. If publicity
the people. It is tasked to adjudicate on during the proceeding threatens the fairness of
controversies based solely on what is submitted the trial, a new trial shall be ordered.
before them. A trial is not a free trade of ideas.
The competing market of thoughts in not the HOWEVER, THE CASE AT BAR IS DIFFERENT.
known test of truth in a courtroom. The court is The publicity in this case did not focus on the
not unmindful of recent technological advances guilt of the petitioners but rather on the
but to chance with the life or liberty of any responsibility of the government for what was
person in a hasty bid to use and apply them, claimed to be a “massacre” of Muslim trainees.If
even in the presence of safety precautions, is a there was a “trial by newspaper” it was not of
price too high to pay. the petitioner but of the government. There is no
showing that the courts martial failed to protect
the accused from massive publicity. Protection
 Martelino v. Alejandro (1970) would include: controlling the release of
F: A shooting occurred between some information; change the venue or postpone trial
Muslim recruits (then undergoing commando until the deluge of prejudicial publicity has
training) and members of the AFP. Major subsided. Even granting that there is massive
Eduardo Martelino and the officers under him and prejudicial publicity, the petitioners do not
were charged for violation of the Articles of War contend that the respondents have been unduly
as a result of this shootout. The SC denied the influenced but simply that they might be.
petition to disqualify the president of the general
court martial, who acquired jurisdiction over the
case because of the his admission that he read  In re Vicente Raul Almacen (1970)
newspaper stories of the Corregidor incident, supra at Rule 11.03
which some newspapers called the incident “the
Corregidor massacre.” Petitioners contend that
the case has received such an amount of  Cruz v. Salva (1959)
publicity and was being exploited for political F: The SC publicly reprimanded Pasay City Fiscal
purposes in connection with the 1969 Salva for conducting a reinvestigation of the
presidential election. They alleged tat the Monroy murder not in his office, but in the
adverse publicity given in the mass media to the Municipal Court’s session hall, to accommodate
incident, coupled with the fact that it became an the big crowd wanting to witness the proceeding.
issue against the administration, was such as Members of the press were present, and were
would unduly influence the members of the even allowed to ask questions. Salva was willing
court-martial. News items that appeared in the to adopt the questions as the committee’s.
Daily Mirror stated among other things that:
“coffins are being prepared for the Philippine H: Anent the investigation, the court was greatly
president.” An editorial from Manila Times said disappointed and annoyed by the publicity and
that this issue would be brought up in the sensationalism. He committed a grievous error
elections and that it is a heavy load for the and poor judgment for which the court failed to
administration. find any satisfactory explanation. His actuations
went beyond the bounds of prudence, discretion
H: The court cited US jurisprudence regarding and good taste. When such publicity and
the topic of trial by publicity. Irvin vs. Dowd sensationalism is allowed, the whole thing
marks the first time a state conviction was struck becomes inexcusable even abhorrent, and in the
down solely on the ground of prejudicial interest of justice, is constrained to put an end to
publicity. Rideau vs. Louisiana is a case where a it.
change of venue was granted because the fact
that the people in that place had seen and heard
the accused’s televised confession during 13.03
NOT TO INVITE OUTSIDE INTERFERENCE

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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51
imprisonment of 15 days, and to suffer 6 months
 Rule 13.03. A lawyer shall not brook suspension.
or invite interference by another branch or H: The court found his comments scurrilous and
agency of the government by another branch or contumacious. He went beyond the bounds of
agency of the government in normal course of constructive criticism. What he said are not
judicial proceedings. relevant to the cause of his client. They cast
aspersion on the Court’s integrity as a neutral
 Rule 11.05. A lawyer shall submit and final arbiter of all justiciable controversies
grievances against a Judge to the proper before it.
authorities only.
The explanation of Castellano in his negligence in
NOTE the filing of the petition for certiorari did not
(Aguirre) render his negligence excusable. It is clear that
the case was lost not by the alleged injustices
η The basis for the rules is the principle of Castellano irresponsibly ascribed to the members
separation of powers of the court, but his inexcusable negligence and
incompetence.

As an officer of the court, he should have known


better than to smear the honor and integrity of
(Agpalo) the court just to keep the confidence of his
client.
η The reason for Rule 13.03 is that a lawyer
who invites interference by another branch Also, the complaint he filed, the most basic tenet
or agency of government in the normal of the system of government – separation of
couse of judicial proceedings endangers the power - has been lost. He should know that not
independence of the judiciary even the President of the Philippines can pass
judgment on any of the court’s acts.

 Maglasang v. People (1990)


F: Khalyxto Maglasang was convicted in the
court in San Carlos, Negros Occidental. His
counsel, Atty. Castellano, filed for a petition for
Chapter 4
certiorari through registered mail. Due to non-
compliance with the requirements, the court
The Lawyer and the Client
dismissed the petition and a motion for
reconsideration. Atty. Castellano then sent a NOTES
complaint to the Office of the President where he (Regala v. Sandiganbayan)
accused the 5 justices of the 2nd division, with
biases and ignorance of the law or knowingly η The nature of lawyer-client relationship is
rendering unjust judgments. He accused the premised on the Roman Law concepts of
court of sabotaging the Aquino administration for 1. location conduction operarum
being Marcos appointees, and robbing the (contract of lease and services) where
Filipino people genuine justice and democracy. one person lends his services and
He also said that the SC is doing this to protect another hires them without reference to
the judge who was impleaded in the petition and the object of which the services are to
for money reasons. He alleges further that the be performed, wherein lawyers’ services
court is too expensive to be reached by ordinary may be compensated by honorarium
men. The court is also inconsiderate and overly 2. mandato (contract of agency)
strict and meticulous. When asked to show cause
wherein a friend on whom reliance could
why he ought not be held in contempt,
be placed makes a contract in his name,
Castellano said that the complaint was
but gives up all that he gained by the
constructive criticism intended to correct in good
contract to the person who requested
faith the erroneous and very strict practices of
him.
the justices concerned. He also said that the
justices have no jurisdiction over his act and that
η BUT the lawyer-client relationship is more
they should just answer the complaint. The SC
than that of the principal-agent and lessor-
found him guilty of contempt and improper
lessee. The modern day perception is that
conduct and ordered to pay P1,000or

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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52
an attorney is more than a mere agent or η The relationship has to be reconciled with
servant because duties to the court and thus requires fidelity
1. he possesses special power of and loyalty in varying degrees within limits
trust and confidence reposed on him by
his client η Its preservation and protection encourage
2. he is as independent as the clients to entrust their legal problems to an
judge of the court attorney, which is paramount importance in
3. he occupies a “quasi-judicial” administration of justice
office since he is an officer of the Court
and he exercises his judgment in the η In sum, an attorney must exert his best
courses of action to be taken favorable efforts and learning: to protect of client; to
to his client promptly account for any fund/ property
4. In the creation of lawyer-client entrusted by or received for client; not to
relationship, there are rules, ethical purchase/ acquire any property or interest of
conduct and duties that breathe life into client in litigation; to forever keep inviolate
it, among those, the fiduciary duty to his client’s secrets or confidence; not to
client which is of a very delicate, represent an adverse party even after
exacting and confidential character, termination.
requiring a very high degree of fidelity
and good faith that is required by reason Sufficiency of Employment
of necessity and public interest. η A lawyer has no power to act as counsel or
legal representative for a person without
being retained nor may he appear for a party
in a case without being employed unless by
(Agpalo) leave of court

Attorney-client relationship η The essential feature of the relation of


η The relationship is strictly personal and attorney and client is the fact of
highly confidential and fiduciary (something employment. While a written agreement for
in trust for another). Thus, delegation is professional services is the best evidence to
prohibited absent the client’s consent. It show the relation, formality is not an
likewise terminates at death of either the essential element of the employment of a
client or the attorney. lawyer

η Courts have to recognise its creation on the


faith of the client’s word. Likewise, η It is sufficient, to establish the professional
relation, that the advice and assistance of an
attorney is sought and received in any
η A client can terminate it any time with or
matter pertinent to his profession
without the consent of the lawyer. However,
an attorney enjoys no similar right as he is
an officer of the court and he may be η There is an implied contract of professional
permitted to withdraw only with the consent employment where an attorney appears on
of his client or with the approval of the court behalf of a party without the latter
interposing any objection thereto
η There should be a proper sense of vicarious
detachment, less emotional involvement to η In the absence of a written retainer, the
adequately serve interest of client. It is establishment of the attorney-client
therefore advisable not to appear for oneself relationship depends upon the circumstances
or close relatives. of each case

η It demands undivided allegiance, a


η To employ an attorney one has to have legal
conspicuous and high degree of good faith,
capacity to do so. Minors/ incompetents
disinterestedness, candour, fairness, loyalty,
must have a general guardian/ guardian ad
fidelity and absolute integrity in dealings and
litem has to employ an attorney.
transactions. It demands the utter
renunciation of every personal advantage
conflicting in any way
Retainer

η Retainer, defined:
(1) an act of client by which he engages services

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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of an attorney to render legal advice, defend or Rule 14.04. A lawyer who accepts the cause
prosecute his cause in court; of a person unable to pay his professional fees
(2) fee which a client pays to an attorney when shall observe the same standard of conduct
latter is retained (retaining fee) governing his relations with paying clients.

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.

η Special retainer, defined: particular case or


service  R.A. 6033. An act requiring courts to
give preference to criminal cases where the
η Retaining fee, defined: preliminary fee paid party or parties involved are indigents
to insure and secure future services, to (1969)—ANNEXED
remunerate him for being deprived, by being
retained by one party. It prevents undue  R.A. 6034. An act providing
hardship resulting from the rigid observance transportation and other allowances for
of the rule forbidding him from acting as indigent litigants. (1969)— ANNEXED
counsel for other party
 RA 6035. An act requiring
Employment of a law firm stenographers to give free transcript of
notes to indigent and low income litigants
η The employment of a law firm is equivalent and providing a penalty for the violation
to the retainer of a member thereof even thereof. (1969)— ANNEXED
though only one of them is consulted
NOTES
(Agpalo)

η A private practitioner, as a general rule, is


not obliged to act as counsel for a person
who may wish to become his client. He has
CANON 14 the right to decline employment.
SERVICE TO THE NEEDY
η Canon 14 provide the exceptions to the
general rule and emphasize the lawyer’s
public responsibility of rendering legal
services to the needy and the oppressed who
 Canon 14. A lawyer shall not are unable to pay attorney’s fees. In such
refuse his services to the needy. cases, refusal is the exception rather than
the rule.
Rule 14.01. A lawyer shall not decline to
represent a person solely on account of the RULE 14.01
latter’s race, sex, creed or status of life, or AVAILABILITY OF SERVICES
because of his own opinion regarding the guilt of REGARDLESS OF STATUS
said person.
 Rule 14.01. A lawyer shall not
Rule 14.02. A lawyer shall not decline, decline to represent a person solely on account
except for serious and sufficient cause, an of the latter’s race, sex, creed or status of life, or
appointment as counsel de oficio or as amici because of his own opinion regarding the guilt of
curiae, or a request from the Integrated Bar of said person.
the Philippines or any of its chapters for rendition
of free legal aid.  Rule 138, sec. 20 (h-i). Duties of
attorneys.—It is the duty of an attorney: (h)
Rule 14.03. A lawyer may refuse to accept Never to reject, for any consideration personal to
representation of an indigent client if: himself, the cause of the defenseless or
a. he is not in a position to carry out the oppressed. (i) In the defense of a person
work effectively or competently; accused of crime, by all fair and honorable
b. he labors under a conflict of interests means, regardless of his personal opinion as to
between him and the prospective client or the guilt of the accused, to present every
between a present client and the prospective defense that the law permits, to the end that no
client.

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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54
person may be deprived of life or liberty, but by compromise or, to tell his client to confess
due process of law. judgment

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.

 Rule 138 sec. 20 (h), Duties of


η Rule 14.01 makes it his duty not
attorneys. – It is the duty of an attorney: (h)
to decline to represent the accused
Never to reject, for any consideration personal to
regardless of his opinion as to his guilt.
himself, the cause of the defenseless or
oppressed;
η In criminal cases: easy to take accused
because of presumption of innocence and  Rule 138, sec. 31 Attorney’s for
proof beyond reasonable doubt. destitute litigants.—A court may assign an
attorney to render professional aid free of charge
In Civil Actions to any party in a case, if upon investigation it
η In a civil action, the rules and appears that the party is destitute and unable to
ethics of the legal profession enjoin a employ an attorney, and that the services of
lawyer from taking a bad case, and he counsel are necessary to secure the ends of
certainly knows whether a civil suit is justice and to protect the rights of the party. It
good, bad, or honestly debatable under shall be the duty of the attorney so assigned to
the law. render the required service, unless he is excused
therefrom by the court for sufficient cause
shown.
η The attorney’s signature in
every pleading constitutes a certification
by him that there is good cause to support  Rule 116, sec. 6. Duty of court to
it and that it is not interposed for delay, inform accused of his right to counsel.—Before
and a willful violation of such rule may arraignment, the court shall inform the accused
subject the lawyer to disciplinary action. of his right to counsel and ask him if he desires
to have one. Unless the accused is allowed to
η It is the lawyer’s duty to counsel defend himself in person or has employed
or maintain such actions or proceedings counsel of his choice, the court must assign a
only as appear to him to be just, and such counsel de oficio to defend him.
defenses only as he believes to be
honestly debatable under law. He is not  Rule 116, sec. 7. Appointment of
to encourage the commencement or the counsel de oficio—The court shall appoint a
continuance of an action or delay any counsel de oficio to defend a client, considering
man’s cause, for any corrupt motive or [1] the gravity of the offense, [2] the difficulty of
interest. He must decline to conduct a the questions that may arise, [3] and the
civil cause or to make a defense when experience and ability of the appointee. The
convinced that it is intended merely to counsel must be [1] a member of the bar in good
harass or injure the opposite party or to standing [2] or, in localities without lawyers, any
work oppression or wrong. If he were to person of good repute for probity and ability
take a bad civil case for a plaintiff, it will
only be to advise him not to file the action  Rule 116, sec. 7. Time for counsel de
or to settle it with the claimant. If he oficio to prepare for arraignment. — Whenever a
were to accept the defense of a bad civil counsel de oficio is appointed by the court to
case against a defendant, it will either be defend the accused at the arraignment, he shall
to exert his best effort toward a be given a reasonable time to consult with the

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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55
accused as to his plea before proceeding with the η A lawyer should not however be
arraignment. frequently designated counsel de oficio.
The burden of an attorney’s regular
 Rule 124 (Case on Appeal in the practice and the possibility that the
CA), sec. 2. Appointment of counsel de oficio compensation for counsel de oficio will be
for the accused.—If it appears from the record of considered as a regular source of income.
the case transmitted that [1] the accused is
confined in prison, [2] is without counsel de Assignment from the IBP
parte on appeal, or [3] has signed the notice of η The IBP has established legal
appeal himself, aid offices throughout the country
the clerk of court of the CA shall designate a
counsel de oficio.
An appellant who is not confined in prison may, η Legal aid is not a matter of
upon request, be assigned a counsel de oficio charity. It is a means for the correction of
within the 10 days from receipt of the notice to social imbalance that may and often do
file brief and he establishes his right thereto by lead to injustice, for which reason it is a
affidavit. public responsibility of the bar

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)

η Counsel de Oficio, defined: a counsel, η Amicus curiae, defined: A friend of the


appointed or assigned by the court, from court;” a “bystander” (usually a counsellor)
among such members of the bar in good who interposes or volunteers information
standing who by reason of their experience upon some matter of law in regard to which
and ability, may adequately defend the the judge is doubtful or mistaken.
accused.
η A lawyer should not decline an appointment
η One of the obligations incident to the status by the court as amicus curiae except for a
and privilege of a lawyer to practice law is to valid cause
represent the poor and the oppressed in the
prosecution of their claims or the defense of
their rights  P.D. 543. Authorizing the designation of
municipal judges and lawyers in any branch of
Assignment as counsel de oficio the government service to act as counsel de
oficio for the accused who are indigent in places
η If a person who is under the
where there are no available practicing lawyers.
investigation for the commission of an
(1974)—ANNEXED
offense cannot afford the services of a
counsel, he must be provided with one;
but not if the client wants or expresses
RULE 14.03
the desire to have counsel de parte..
VALID GROUND FOR REFUSAL

η Every lawyer should welcome  Rule 14.03. A lawyer may refuse to


his appointment as counsel de oficio as an accept representation of an indigent client if:
opportunity to render public service, show a. he is not in a position to carry out the
that the practice of law is a profession, work effectively or competently;
and demonstrate that the discharge of his b. he labors under a conflict of interests
duties does not depend upon payment. between him and the prospective client or
between a present client and the prospective
client.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
56
with the practice of law shall make clear to his
client whether he is acting as a lawyer or in
RULE 14.04 another capacity.
SAME STANDARD OF CONDUCT FOR
PAYING AND NON-PAYING CLIENTS
CANON 15.
OBSERVE CANDOR, FAIRNESS AND
 Rule 14.04. A lawyer who accepts
LOYALTY
the cause of a person unable to pay his
professional fees shall observe the same
 Canon 15. A lawyer shall observe
standard of conduct governing his relations with
candor, fairness and loyalty in all his dealings
paying clients.
and transactions with his clients.

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.

Rule 15.05. A lawyer when advising his


client shall give a candid and honest opinion on  Art. 209 Revised Penal Code.
the merits and probable results of the client’s Betrayal of trust by an atorney. or solicitor.
case, neither overstating nor understanding the —Revelation of Secrets.—…The same penalty
prospects of the case. shall be imposed upon any attorney or
solicitor (procurador judicial) who, having
Rule 15.06. A lawyer shall not state or imply undertaken the defense of a client or having
that he is able to influence any public official, received confidential information from said
tribunal or legislative body. client in a case, shall undertake the defense
of the opposing party in the same case,
Rule 15.07. A lawyer shall impress upon his without the consent of his first client. [the
client compliance with the laws and the principles first part of this provision appears at Rule
of fairness. 15.02]

Rule 15.08. A lawyer who is engaged in NOTES


another profession or occupation concurrently (Agpalo)

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


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[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
57
1. when, on
η It is the duty of a lawyer to behalf of one client, it is the attorney’s
disclose and explain to the prospective duty to contest for that which his duty to
client all circumstances of his relations to another client requires him to oppose or
the parties and any interest in or any when the possibility of such situation will
connection with the controversy, which in develop;
his honest judgment might influence the
client in the selection of counsel.
2. whether the
acceptance of the new relation will
prevent a lawyer from the full discharge
η The disclosure is more for the of his duty of undivided fidelity and
protection of the lawyer than that of the loyalty to his client or will invite
client, so that the client may not lose suspicion of unfaithfulness in the
confidence in him, which may even affect performance thereof; and
his fee. If the lawyer does not disclose 3. whether a
anything, a client may assume the lawyer
lawyer will be called upon in his new
has no interest which will interfere with
relation to use against his first client any
his devotion to the cause confided to him
knowledge acquired in the previous
or betray his judgment.
employment.

Duty to decline employment


η The proscription against representation of
η It is his duty to decline conflicting interests finds application where
employment in any matter which may the conflicting interests arise with respect to
involve representing conflicting interests the same general matter and is applicable
• He should not accept however slight such adverse interest may
employment from another on a matter be. It applies although the attorney’s
adversely affecting any interest of his intentions and motives were honest and he
former client with respect to which acted in good faith.
confidence has been reposed.
• He should not accept η Rule against representing conflicting
employment as an advocate in any interests applies even if the conflict pertains
matter in which he had intervened while to the lawyer’s private activity or in the
in the government service. performance in a non-professional capacity,
• He should not accept and his presentation as a lawyer regarding
employment the nature of which might the same subject matter.
easily be used as a means of advertising
his professional services or his skill. (ex.
Effect of termination of attorney-client relation
advice column)
η Termination of relation of attorney and client
provides no justification for a lawyer to
η Although there is no statutory restriction
represent an interest adverse to or in conflict
for a lawyer to be an advocate and a
with that of the former client. Neither may
witness for a client in a case, the canons
he do anything injurious to his former client
of the profession forbid him from acting in
nor use against former client any knowledge
that double capacity as he will find it
or information gained.
difficult to disassociate his relation to the
client as a lawyer and as witness.
η Reason: client’s confidence, once reposed,
cannot be divested by the expiration of
η A lawyer generally should not refuse
professional employment.
services to the needy. However, he may
refuse if he is not in a position to carry it
out effectively or competently or he labors
under a conflict of interest between him
and the prospective client or between his
Acquisition of confidential information immaterial
present client and the prospective client.
η The relationship prohibits the lawyer from
accepting professional employment from
client’s adversary either in the same case or
Test of Conflict of Interest
in a different but related action applies
η Here are some tests employed
irrespective of whether or not the lawyer has
to determine the existence of conflicting
acquired confidential information from his
interests.
former client.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
58
in another case another person against his
η Reason: if rule is made to depend on former client under the pretext that the case
acquisition of confidential info, it will require is distinct from, and independent of, the
investigation into the case and will only lead former case.
to the revelation of matters in advance to
client’s prejudice. It will also violate η It is improper for a lawyer to appear as
attorney-client relationship. counsel for one party against the adverse
party who is his client in another totally
Foundation of, and reason for, the rule unrelated action. The attorney in that
η Founded on principles of public policy and situation will not be able to pursue, with
good taste. It springs from attorney’s duty to vigor and zeal, the client’s claim against the
represent client with undivided fidelity and to other and to properly represent the latter in
maintain inviolate the client’s confidence. the unrelated action; or, if he can do so, he
cannot avoid being suspected by the
η Reason: the attorney-client relationship is defeated client of disloyalty of partiality in
one of trust and confidence. A lawyer knows favor of the successful client.
everything about the case, hence, he must
not be given opportunity to take advantage New client against former client
of that knowledge, otherwise the profession η A lawyer cannot represent a
will suffer. new client against a former client only when
the subject matter of the present controvery
η Rule is designed not only to prevent is related, directly of indirectly, to the
dishonest practitioner from fraudulent subject matter of the previous litigation in
conduct but also to preclude the honest which he appeared for the former client. He
practitioner from putting himself in a may properly act as counsel for a new client,
position where he may be required to choose with full disclosure to the latter, against a
between conflicting duties, and to protect former client in a matter wholly unrelated to
him from unfounded suspicion of that of the previous employment, there
professional misconduct. being no conflict of interests.

η An attorney should not only keep inviolate


his client’s confidence but should likewise
η Reason: what a lawyer owes to
former client is to maintain inviolate the
avoid the appearance of treachery and
client’s confidence or to refrain from doing
double-dealing.
anything which will injuriously affect him in
any matter which he previously represented
Opposing clients in same or related suits him; in this case, duty does not arise
η An attorney who appears for opposing clients
in the same or related actions puts himself in η Where subject matter of present
that awkward position where he will have to suit between the lawyer’s new client and his
contend on behalf of one client that which he former client is in some way connected,
will have to oppose on behalf of the other prohibition applies even if no confidential
client. He cannot give disinterested advice to information was acquired.
both clients but will instead be called on to
use confidential information against one
client in favor of the other in view of the Conflicting duties
identicalness or relatedness of the subject. η A lawyer may not, as an
employee of a corporation whose duty is
η Even though the opposing clients, after full to attend to its legal affairs, join a labor
disclosure of the fact, consent to the union of employees in that corporation
attorney’s dual representation, the lawyer because the exercise of the union’s rights
should, when his clients cannot see their is incompatible with his duty as a lawyer
way clear to settling the controversy for his corporate client
amicably, retire from the case.

Opposing clients in unrelated actions η A lawyer may not, as counsel


η A lawyer owes loyalty to his client not only in for a client, attack the validity of the
the case in which he has represented him instrument prepared by him
but also after the relation of attorney and
client has terminated because it is not good Attorney’s interest vs. Client’s interest
practice to permit him afterwards to defend

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
59
η An attorney should not put himself in a and/or former clients who have
position where self-interest tempts him to do conflicting interests.
less than his best for his client. (e.g., it is • Advantage: a mutual
improper to have financial stakes in subject lawyer, impartial and with honest
matter of suit brought on behalf of his client) motivations, may be better situated
to work out an acceptable
Rule applicable to law firm settlement since he has confidence
η Where a lawyer is disqualified or forbidden of both parties
from appearing as counsel in a case because • A lawyer may represent
of conflict of interests, the law firm of which new client against former client only
he is a member as well as any member, after full disclosure and written
associate or assistant is similarly diqualified consent. Former client’s written
or prohibited from so acting. consent constitutes a release from
obligation to keep inviolate the
η This rule is a corollary of the rule that the client’s confidences or to desist from
employment of one member of a law firm is injuriously affecting him in any
considered as an employment of the law firm matter which he previously
and that the employment of a law firm is represented.
equivalent to a retainer of the members • Where circumstances
thereof. show parties require independent
counsel, or where lawyer may be
suspected of disloyalty, he should
Limitations to general rule immediately withdraw from the
η The prohibition against representing case.
conflicting interests does not apply:
• General rule that a
1. lawyer may be allowed to represent
where no conflict of interests exists (e.g.
conflicting interests, where parties
a lawyer may represent new client consent, applies only where one is a
against former client where both actions
former client and the other is a new
are unrelated and where lawyer will not one, not where both are current
be called to oppose what he had
clients.
espoused on behalf of former client not
• Lawyer may not
use confidential info against former
represent conflicting interests, even
client.)
with consent, where the conflict is
2.
between the attorney’s interest and
where the clients knowingly consent to
that of a client (self-interest should
dual representation in writing
yield to client’s interest) or between
• Lawyer may represent a private client’s interest and that of
conflicting interests before it reaches the gov’t or any of its
the court but only after full instrumentalities (public policy and
disclosure of the facts and express public interest forbid dual
written consent of all parties. representation).
• Where representation 3.
where no true attorney-client
by a lawyer is for both opposing
relationship is attendant
parties, their written consent may
enable the lawyer to represent them • Absence of true
before but not after their attorney-client relationship either
controversy has reached the court. with the attorney or with the law
After the controversy has reached firm of which he is a member makes
the court, the lawyer cannot, even the prohibition inapplicable.
with the parties’ written consent, • Exception: attorney’s
represent both of them without secretary, stenographer or clerk
being held administratively liable as who, in such capacity, has acquired
an officer of the court. confidential information from
attorney’s client, may not accept
• Disclosure should employment or, after admission to
include thorough explanation of the bar, represent an interest
nature and extent of conflict and adverse to that of atty’s client.
possible adverse effects of dual
representation. This should include
disclosure of the lawyer’s present

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
60
Effects of representation of conflicting SHJAI filed a disbarment case against Atty.
interests Romanillos for representing conflicting interests.
η Representation of conflicting interests In 1999 the SC recommended the dismissal of
subjects the lawyer to disciplinary action. the complaint with admonition that respondent
The reason is that the representation of should observe extra care and diligence in the
conflicting interests not only constitutes practice of his profession. Notwithstanding the
malpractice but also a violation of the admonition, Atty. Romanillos continued
confidence which results from the attorney- representing Lydia Durano-Rodriguez before the
client relationship, of the oath of a lawyer (in CA and SC. Thus, a second disbarment case was
that he did not serve his client’s interest filed against him for violation of the March 1999
well) and of his duty to both the client and Resolution and for his alleged deceitful conduct
the court. in using the title “Judge” although he was not
honorably discharged from the judiciary being
found guilty of grave and serious misconduct in a
η If
previous case Zarate vs. Judge Romanillos. Atty.
representation of conflicting interests is
Romanillos had used the title “Judge” in his office
unknown and works prejudice against new
letterhead, correspondences, and on billboards
client, judgment against the latter may be
which were erected in several areas within the
set aside. Basis: a lawyer disqualified from
Subdivision. The SC disbarred him.
appearing on account of inconsistency of
duties is presumed to have improperly and
H: It is inconsequential that petitioner
prejudicially advised and represented the
never questioned the propriety of respondent’s
party from beginning to end of litigation.
continued representation of Rodriguez. The lack
Two questions to be asked:
of opposition does not mean tacit consent. As
(1) Did the attorney discharge or have
long as the lawyer represents inconsistent
opportunity to discharge conflicting interests?
interests of two or more opposing clients, he is
(2) Did the new client suffer prejudice? If yes to
guilty of violating his oath. Rule 15.03 mandates
both, adverse judgment against new client may
that a lawyer shall not represent conflicting
be justified.
interests except by written consent of all
concerned parties after a full disclosure. Also,
η Attorney’s right
respondent’s continued use of the title “Judge”
to be paid for his services to former client
violated Rules 1.01 and 3.01 prohibiting lawyer
may be affected by representation of
from engaging in deceitful conduct and from
conflicting interests, only if 2 matters are
using any misleading statement or claim
related and the former client objected to
regarding qualifications or legal services. He
such representation. But new client may not
resigned from being a judge during the pendency
defeat attorney’s right to fees in the absence
of a case where he was eventually found guilty of
of concealment and prejudice by reason of
illegal solicitation and receipt of P10,000 from a
attorney’s previous professional relationship
party litigant and would have been dismissed
with opposing party.
from the service had he not resigned. The title
“Judge” should be reserved only to judges,
incumbent and retired, and not to those who
 San Jose Homeowners v. Romanillo
were dishonorably discharged from the service.
(2005)
This is not respondent’s first infraction as an
F: In 1985 Atty. Romanillos represented San
officer of the court and a member of the legal
Jose Homeowners Association, Inc. (SHJAI)
profession. He was stripped of his retirement
before the Human Settlements Regulation
benefits and other privileges in Zarate case and
Commission in a case against Durano and Corp.,
he got off lightly with just an admonition in the
Inc. (DCI) for violation of the Subdivision and
1999 resolution. He manifested undue disrespect
Condominium Buyer’s Protection Act. While still
to our mandate and exhibited propensity to
the counsel for SHJAI, Atty. Romanillos
violate the laws. His disbarment is consequently
represented the spouses Montealegre in
warranted.
requesting for SJHAI’s conformity to construct a
building on Lot. No. 224 to be purchased from
Durano. When the request was denied,
 Hornilla v. Salunat (2003)
respondent applied for clearance before the
F: Members of the Philippine Public School
HLURB in behalf of the Montealegre. SJHAI
Teachers Association (PPSTA) filed an
terminated Atty. Romanillo’s services as counsel.
intracorporate case against members of the
Atty. Romanillo’s went further and acted as
Board of Directors before the SEC and filed a
counsel for Lydia Durano-Rodriguez who
complaint before the Ombudsman for unlawful
substituted for DCI in aforementioned civil case.
spending and the undervalued sale of real

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[Ces_Sicangco/Rowena_Romero.tax_law]
61
property of PPSTA. Atty. Salunat, the retained in the Philippines, worked for the interest of the
counsel of PPSTA, represented the members of casino.
the Board of Directors in these cases.
H: The absence of a written contract will not
Complainants contend that Atty. Salunat was
preclude the finding that there was a professional
guilty of conflict of interest because he was
relationship which merits attorney’s fees for
engaged by the PPSTA, of which complainants
professional fees rendered. Documentary
were members, and was being paid out of its
formalism is not an essential element in the
corporate funds. The SC admonished Atty.
employment of an attorney; the contract may be
Salunat.
express or implied.
H: There is conflict of interest when a
As to Mutuc being employed by the casino, the
lawyer represents inconsistent interest of two or
court said that though an attorney is generally
more opposing parties. The test is whether or
prohibited from representing parties with
not in behalf of one client, it is the lawyer’s duty
contending positions, at a certain stage of the
to fight for an issue or claim, but it is his duty to
controversy, a lawyer may represent conflicting
oppose it for the other client. Also, if the
interests with the consent of the parties. A
acceptance of the new retainer will require the
common representation may work to the
attorney to perform an act which will injuriously
advantage of the parties since a mutual lawyer
affect his first client in any matter in which he
with honest motivations and impartially
represents him and also whether he will be called
cognizant of the parties’ disparate positions, may
upon in his new relation to use against his first
well be better situated to work out an acceptable
client any knowledge acquired through their
settlement of their differences, being free of
connection. Another test is whether the
partisan inclinations and acting with the
acceptance of a new relation will prevent an
cooperation and confidence of the parties
attorney from the full discharge of his duty of
Because the petitioner was not unaware of these
undivided fidelity and loyalty to his client or
contending interests, he actually consented to
invite suspicion of unfaithfulness or double-
them and cannot now decry the dual
dealing in the performance thereof. In this case,
representation that he postulates.
the court is convinced that a lawyer engaged as
counsel for a corporation cannot represent
members of the same corporation’s board of
RULE 15.02
directors in a derivative suit brought against
PRIVILEGED COMMUNICATION
them. To do so with be tantamount to
representing conflicting interests. Though
Salunat claims he only filed a pleading for  Rule 15.02. A lawyer shall be bound by
dismissal, but in the filing of the pleading, he the rule on privileged communication in respect
necessarily entered his appearance. Again, there of matters disclosed to him by a prospective
is conflict of interests, considering the complaint client.
in the Ombudsman, albeit in the name of the
individual members of the PPSTA, was brought in  Art. 209 Revised Penal Code.
behalf of and to protect the interests of the Betrayal of trust by an atorney. or solicitor.
corporation. —Revelation of Secrets.—In addition to the
proper administrative action, …shall be
imposed upon an attorney-at-law or solicitor
 Dee v. CA (1989) (procurador judicial) who, by any malicious
F: Donald Dee and his father went to the breach of professional duty or of inexcusable
residence of Atty. Amelito Mutucto seek Mutuc’s negligence or ignorance, shall prejudice his
advice regarding the alleged indebtedness of client, or reveal any of the secrets of the
Dee’s brother Dewey to Ceasar’s Palace Casino in latter learned by him in his professional
Las Vegas. Mutuc pursued the matter and capacity.
eventually freed Dewey from the claim of the
casino. Mutuc then sent the Dees several NOTES
demand letters for the P50k balance for his (Aguirre)
attorney’s fees and consequently filed a suit for
collection of attorney’s fees and refund of η Exceptions to privilege
transportation fare. The Dees denied the 1. When a lawyer is accused by
existence of any professional relationship of the client and he needs to reveal
attorney and client, claim that the initial visit was information to defend himself
an informal one and that the services were not 2. When the client discloses the
specifically contracted. They also claimed that intention to commit a crime or unlawful
Mutuc, as the representative of Caesar’s Palace act.

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Sansaet as sate witness. The SC reversed the
(Agpalo) decision of the Sandiganbayan
H: The Attorney-client relationship cannot apply
η Matters disclosed by a prospective client to a in this case as the facts and the actuations of
lawyer are protected by the rule on both respondents constitute an exception to the
privileged communication even if the rule. Undoubtedly, there was a confidential
prospective client does not thereafter retain communication made by Paredes to Sansaet,
the lawyer or the latter declines the regardless of the mode. Acts and words of the
employment. parties during the period when the documents
were being falsified were necessarily confidential
η Reason: to make prospective client free to since Paredes would not have invited Sansaet to
discuss whatever he wishes with the lawyer his house and allowed him to witness the same
without fear that what he tells the lawyer except under conditions of secrecy and
will not be divulged nor used against him, confidence. For attorney-client privilege to
and for the lawyer to be equally free to apply, however, the period to be considered is
obtain information from the prospective the date when the privileged communication was
client. made by the client to the attorney in relation to
either a crime committed in the past or with
respect to a crime intended to be committed in
 People v. Sandiganbayan (1997) the future. (if past, privilege applies; if future,
F: In 1985, the Director of Lands sought does not apply) In the present case, testimony
cancellation of a patent and certificate of title sought to be elicited from Sansaet are
procured by Paredes, Provincial Attorney of communications made to him by physical acts
Agusan del Sur, then Governor and and/or accompanying words of Paredes at the
Congressman, through free patent. The patent time he and Honrada, either with active or
and certificate were cancelled as the trial court passive participation of Sansaet, were about to
found it was obtained thru fraudulent means. falsify, or in the process of falsifying, the
The Tanodbayan investigated Paredes for documents which were later filed by Sansaet in
allegedly using former position as Provincial the Tanodbayan. Crime of falsification had not
Attorney to influence and induce Bureau of Lands yet been committed, hence, they are not covered
officials to favorably act on his application. A by the privilege. It could also not have been
criminal case was filed before Sandiganbayan. covered by the privilege because Sansaet was
Sansaet was Paredes’s counsel. Sansaet filed a himself a conspirator in the commission of the
MR on the ground that filing of case would crime of falsification. In order that a
constitute double jeopardy since a perjury case communication between a lawyer and his client
had been ordered dismissed by the court upon be privileged, it must be for a lawful purpose or
recommendation of DOJ. He attached copy of (1) in the furtherance of a lawful end. On the
dismissal order (2) certificate of arraignment and contrary, Sansaet, as lawyer, may be bound to
(3) recommendation of DOJ. (these would later disclose the info at once in the interest of justice.
turn out to have been falsified with the help of
Honrada, clerk of court then acting
stenographer of a MCTC in Agusan del Sur). The  Regala v. Sandiganbayan (1996)
case was dismissed however on the ground of F: In 1987, the Republic through the PCGG
prescription. In 1990, a taxpayer who filed instituted a complaint before the Sandiganbayan
perjury and graft charges against Paredes, wrote against Eduardo M. Conjuangco, as one of the
to the Ombudsman seeking investigation of principal defendants, for the recovery of alleged
respondents for allegedly falsifying notice of ill-gotten wealth. Among the defendants named
arraignment and transcripts of stenographic in the case are herein petitioners, who all were
notes which were attached to the MR. As it then partners of the ACCRA Law Firm. In 1991,
turned out, perjury case did not reach the PCGG filed a Motion to exclude private
arraigment pending review in the DOJ, hence, respondent Raul Roco from the complaint as
fiscal could not have received notice of party-defendant. PCGG based its exclusion of
arraignment. The Ombudsman approved filing of Roco on his undertaking that he testify that the
charges against all Paredes, Sansaet and partners assisted in the organization and
Honrada. It refused to consider Sansaet as state acquisition of the corporations involved in
witness since he could not have been unwittingly sequestration proceedings and that the partners
induced to commit the crime and claimed further acted as nominees-stockholders of said
that his testimony would be covered by the corporations. The petitioners subsequently filed a
attorney-client privilege. Sandiganbayan sided counter-motion that PCGG similarly exclude
with Ombudsman and denied discharge of them as parties-defendants of the case as
accorded Roco. The PCGG set the following

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63
conditions precedent for the exclusion of to grope in the dark against unknown
petitioners: (1) disclosure of the identity of its forces.)
clients; (2) submission of documents
substantiating the lawyer-client relationship; (3) The general rule is however qualified by some
submission of the deeds of assignments exceptions. Client identity is privileged
petitioners executed in favor of its clients 1. Where a strong probability exists that
covering their respective shareholdings. The revealing the client’s name would implicate
Sandiganbayan denied the exclusion of the client in the very activity for which he
petitioners for their refusal to comply with the sought the lawyer’s advice.
conditions required by PCGG. The SC reversed 2. Where disclosure would open the client
the Sandiganbayan. to civil liability.
3. Where the government’s lawyers have
H: In our jurisdiction, this privilege no case against an attorney’s client unless
(confidentiality in lawyer-client relationship) by revealing the client’s name, the said
takes off from the following authorities name would furnish the only link that would
(1) Section 383 of the Code of Civil Procedure form the chain of testimony necessary to
enacted by Philippine Commission; convict an individual of a crime.
(2) Sec 24 Rules of Court
(3) Sec 138 of the Rules of Court; Information relating to the identity of the client
(4) Canon 17 of the Code of Professional may fall within the ambit of the privilege when
Responsibility; and the client’s name itself has an independent
(5) Canon 15 of the Canons of Professional significance, such that disclosure would then
Ethics reveal client confidences.

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

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64
against him. Reason: The policy serves filing the case or advise him to
legitimate public interests. compromise or submit rather than
traverse the incontrovertible

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

 Rule 15.05. A lawyer when advising his


RULE 15.07
client shall give a candid and honest opinion on
IMPRESS COMPLIANCE WITH LAWS AND
the merits and probable results of the client’s
THE PRINCIPLE OF FAIRNESS
case, neither overstating nor understanding the
prospects of the case.
 Rule 15.07. A lawyer shall impress
upon his client compliance with the laws and the
NOTES
principles of fairness.
(Agpalo)

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 If a lawyer finds that his client’s η While a lawyer is not expected


contemplated civil suit is totally devoid of to know all the laws he is expected to take
merit, or that the pending action against such reasonable precaution in the
him is wholly defenseless, which is his discharge of his duty to his client .
function and duty to find out, he should so
inform his client and dissuade him from Duty to resist client’s improper request

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65
η A lawyer appears in court not only as an F: Atty. Carlos Valdes was the lawyer and
advocate of his client but also as an officer accountant of the Nakpils. In 1965, Jose Nakpil
of the court trusted and authorized by the wanted to buy a summer residence in Baguio
state to assist the court in determining what City but because of lack of funds, he agreed that
is right between the parties before it. Valdes would keep the property in trust until the
Nakpils could buy it back. Valdes took out two
η A lawyer should comply with the client’s loans to purchase the property. In 1973, Jose
lawful requests. But he should resist and Nakpil died. The ownership of the Baguio
should never follow any unlawful property became an issue in the intestate
instructions. In matters of law, it is the proceedings as Valdes excluded it from the
client who should yield to the lawyer and not inventory of Jose’s estate. In 1978, Valdes
the other way around. transferred his title to the property to his
company. The estate filed an action for
reconveyance and the adminstratix filed an
η The State is vitally interested in seeking that
administrative case to disbar Valdes for (1)
justice is done and goes to great expense
maliciously appropriating the property in trust to
and provides the machinery for that part of
his family corporation (2) including in the claims
its governmental function. To permit lawyers
against the estate the amounts of the two loans
to resort to unscrupulous practices for the
which he claimed were Jose’s loans “probably for
protection of the supposed rights of their
the purchase of a house and lot in Moran St.,
clients is to defeat the administration of
Baguio City and (3) for conflict of interest, since
justice, one of the purposes of the state.
his auditing firm prepared the list of claims of
creditors who were also represented by his law
η A lawyer must also observe and advice his
firm. The SC suspended Valdes from the practice
client to observe the statute law, thought
of law for one year
until a statute shall have been construed and
interpreted by competent jurisdiction, he is
H: A lawyer is not barred from dealing with his
free and is entitled to advice as to its validity
client but the business transaction must be
and as to what he conscientiously believes to
characterized with utmost honesty and good
be its just meaning and extent.
faith. Business transactions between an attorney
and his client are disfavored and discouraged by
η A lawyer should use his best efforts to
policy of law because by virtue of a lawyer’s
restrain and to prevent his client from doing
office, he is an easy position to take advantage
those things which he himself ought not to
of the credulity and ignorance of his client. Thus,
do, particularly with reference to the conduct
there is no presumption of innocence or
toward the court, judicial officer, witness,
improbability of wrongdoing in favor of lawyers.
etc.
Factual findings show that Valdes initially
acknowledged and respected the trust nature of
RULE 15.08
the Moran property. He violated the trust
DUAL PROFESSION
agreement when he claimed absolute ownership
over the property and refused to sell the
 Rule 15.08. A lawyer who is engaged in property to Imelda after Jose’s death. Even
another profession or occupation concurrently granting that Imelda failed to pay after the 5-
with the practice of law shall make clear to his year period, it did not mean Valdes automatically
client whether he is acting as a lawyer or in owned the property since the proper action
another capacity. would be to proceed against the estate of Jose.
Valdes’ act of excluding the Moran property from
NOTES the estate evinces his lack of fidelity to the cause
(Agpalo) of the client. If he truly believed property
belonged to him, he should have at least
η Exercise of dual profession is not prohibited informed Imelda of his claim. Valdes’ misuse of
but a lawyer must make it clear when he is his legal expertise to deprive his client of the
acting as a lawyer and when he is otherwise, Moran property is clearly unethical.
especially in occupations related to the
practice of law. Reason: certain ethical Valdes could not claim oversight in charging the
considerations may be operative in one two loans against the estate since it was made in
profession and not in the other. his name. He wanted to “have his cake and eat it
too” and subordinated the interest of his client to
his own. He violated Canon 17 of CPR (which
 Nakpil v. Valdes (1998) provides that a lawyer owes fidelity to his clients

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66
and enjoins him to be mindful of the trust and Valdes’ claim that he could not be charged as his
confidence reposed on him). “misconduct” pertains to his accounting practice
is of no merit. Complainant is not charging
Valdes is guilty of representing conflict of respondent with breach of ethics for being the
interests. The proscription against representation common accountant of the estate of the two
of conflicting interests finds application where creditors but for allowing his accounting firm to
the conflicting interests arise with respect to the represent 2 creditors of the estate and, at the
same general matter and is applicable however same time, allowing his law firm to represent the
slight such adverse interest may be. It applies estate in the proceedings where these claims
although the attorney’s intentions and motives were presented. It is a breach of professional
were honest and he acted in good faith. ethics and undesirable because it placed
Representation of conflicting interests may be respondent’s and his law firm’s loyalty under a
allowed where the parties give an informed cloud of doubt. Even if misconduct pertains to
consent to the representation after full disclosure his accounting practice, he may still be
of facts. The lawyer must explain to his clients disciplined by the Court because a lawyer may
the nature and extent of the conflict and the be suspended or disbarred for ANY misconduct,
possible adverse effects must be thoroughly even if it pertains to his private activities, as long
understood by his clients. In this case, there is as it shows in him to be wanting in moral
clearly a conflict between the interest of the character, honesty, probity or good demeanor.
estate which stands as the debtor, and that of Possession of good moral character is not only a
the two claimants who are creditors of the prerequisite to the admission to the bar but also
estate. The fact that Valdes did not personally a continuing requirement to the practice of law.
file the case and appear in court is beside the Public confidence in law and lawyers may be
point. Respondent acted as counsel and eroded by the irrresponsible and improper
accountant of the complainant after the death of conduct of a member of the bar. Members of the
Jose. His claim of resignation from the law firm is Bar are expected to always live up to the
not supported by any documentary proof and standards embodied in the CPR as the
even with his resignation from the accounting relationship bet. the attorney and his client is
firm in 1972 and 1974, he returned on July 1, highly fiduciary in nature and demands utmost
1976. When Valdes transferred the Moran fidelity and good faith.
property to his corp. on Feb. 13, 1978, the
intestate proceedings was still pending in court.
CANON 16
That Imelda did not object to Valdes’ law firm HOLD IN TRUST CLIENT’S
acting as legal counsel of the estate and his MONEY AND PROPERTIES
accounting firm as auditor of both the estate and
the claimants cannot be taken against her as
there is no showing that Valdes or his law firm
explained the legal situation and its
 Canon 16. A Lawyer shall hold in
consequences to the complainant. Her silence
trust all money’s and properties of his client that
does not amount to acquiescence based on an
may come into his possession.
informed consent.
Rule 16.01. A lawyer shall account for all
The relationship of claimants to the late Nakpil
money or property collected or received for or
does not negate the conflict of interest. When a
from the client.
creditor files a claim against an estate, his
interest is per se adverse to the estate.
Rule 16.02. A lawyer shall keep the funds of
each client separate and apart from his own and
Valdes undoubtedly placed his law firm in a
those of others kept by him.
position where his loyalty to his client could be
doubted. In the estate proceedings, the duty of
Rule 16.03. A lawyer shall deliver the funds
his law firm was to contest the claims of these
and property to his client when due or upon
two creditors but which claims were prepared by
demand. However, he shall have a lien over the
his accounting firm. Even if the claims were valid
funds and may apply so much thereof as may be
and did not prejudice the estate, the set-up is
necessary to satisfy his lawful fees and
still undesirable. The test to determine whethere
disbursements, giving notice promptly thereafter
there is conflict of interest in the representation
to his client. He shall also have a lien to the
is the probability, not the certainty of conflict. It
same extent on all judgments and executions he
was his duty to inhibit either of his firms to avoid
has secured for his client as provided for in the
probability of conflict.
Rules of Court.

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67
which he and his attorney may stand
Rule 16.04. A lawyer shall not borrow unequal. In fact, law requires that courts be
money from his client unless the client’s interests vigilant in protecting clients “in all
are fully protected by the nature of the case or contractual, property or other relations,
by independent advice. Neither shall a lawyer when one of the parties is at a disadvantage
lend money to a client except when, in the on account of his moral dependence,
interest of justice, he has to advance necessary ignorance, indigence, mental weakness,
expenses in a legal matter he is handling for the tender age or other handicaps.”
client.
η Business transactions between lawyers and
clients must be characterized by utmost
 Art. 1491(5) Civil Code. The following honesty and good faith of a much higher
persons cannot acquire by purchase, even at standard than that in ordinary business
a public auction, wither in person or through dealings. Although a lawyer is not barred, as
the mediation of another: (5) Justices, a rule, from dealing with his client, this kind
judges, prosecuting attorneys, clerks of of business transactions are disfavored and
superior and inferior courts, and other discouraged by policy of law—because a
officers and employees connected with the lawyer is in a position to take advantage of
administration of justice, the property and the credulity and ignorance of his client.
rights in litigation or levied upon an Thus, no presumption of innocence or
execution before the court within whose improbability of wrongdoing is considered in
jurisdiction or territory they exercise their his favor.
respective functions; this prohibition includes
the act of acquiring by assignment and shall η Even when transaction between lawyer and
apply to lawyers, with respect to the client is not prohibited by law, burden of
property and tights which may be the object proof rests upon attorney to show fairness of
of any litigation in which they may take part the transaction.
by virtue of their profession.
Purchase of client’s property in litigation
NOTES η Law and canons of the legal profession
(Agpalo) prohibit a lawyer from purchasing, even at a
public or judicial auction, either in person or
Effects of fiduciary relations, generally through the mediation of another, any
η Position of attorney enables him to put in his property or interest involved in any litigation
power, and opens him to the temptation to in which he may take part by virtue of his
avail himself, not only of the necessity of his profession.
client but of his good nature, liberality and
credulity to obtain undue advantages, η Purpose: to curtail any undue influence of
bargains and gratuities. the lawyer upon his client on account of his
fiduciary and confidential relation with him.
η Fiduciary and strictly confidential relations
requiring utmost good faith, loyalty, fidelity η Prohibition is absolute and permanent, and
and disinterestedness on the part of an rests on considerations of public policy and
attorney is designed to removed all such interest. No need to show fraud and no
temptation. excuse will be heard. Law does not trust
human nature to resist temptation likely to
η Principles of expediency and justice demand arise.
that a lawyer should not take advantage of
his position to the prejudice of his client; on Application of Rule
the contrary, it is the client who should η When all the following four elements are
benefit. present there is a violation of law and
ethically improper conduct:
η A fiduciary relationship exists as a matter of 1. there must be attorney-client
law between attorney and client, which relationship
requires all dealings growing out of such 2. the property or interest of the client
relationship to be subject to the closest must be in litigation
judicial scrutiny. 3. the attorney takes part as counsel in the
case
Dealings with client closely scrutinized 4. the attorney himself or through another
η Court will protect client from any undue purchases such property or interest
disadvantage resulting from any situation in during the pendency of the litigation

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68
η immaterial that deed of sale is Purchase of choses in action
executed at the instance of the client or at η Spirit of the rule against the acquisition of a
the behest of the lawyer because the latter client’s property in litigation and the
occupies a vantage position to dictate his injunction against stirring up of strife should
terms be applied in determining whether the
purchase of a chose in action by an attorney
η prohibition covers any scheme is improper.
which has the effect of circumventing the
law (ex: deed of sale as attorney’s fees, η Purpose: prevent lawyer from the temptation
purchase by firm or wife, etc...) to litigate in his own account as a business
proposition.
η where the value of the property
in litigation transferred by a client in favor of η It is improper for lawyer to accumulate
his attorney in payment of the latter’s fees is distinct causes of action in himself by
worth much more than the his services, the assignment from hundreds of small
transfer contravenes the law. claimants and sue in his name for the benefit
of the clients directly interested because (1)
while there is no litigation yet, litigation is its
purpose, and (2) attorney places himself in
When rule inapplicable the category of a voluntary litigant for a
η The absence of one element renders profit.
prohibition inapplicable (e.g. an attorney
may bid on behalf of his client at the auction η It is improper for lawyer in his professional
sale of the client’s property in litigation since capacity to buy judgment notes or other
it is not for his own benefit) choses in action for much less than their face
value with intent to collect them at a large
η contingent fee contract: allowed since it profit for himself.
neither gives nor purports to give to the
attorney an absolute right, personal or real, η It is improper for a lawyer to enter into an
in the subject matter during the pendency of arrangement with one who purchases future
the litigation; the measure of compensation interests in estates where he becomes part
provided is a mere basis for the computation owner and shares in the profit in
of fees and the payment made from the consideration of his work in securing the
proceeds of the litigation is effected only interest.
after its successful termination. A distinction
must be made between purchasing an η An attorney may, however, properly acquire
interest in the litigation to enable a lawyer to choses in action not in his professional
litigate on his own account or to abuse the capacity but as a legitimate investment. The
client’s confidence (prohibited) and fact that a person happens to be a lawyer
accepting compensation contingent upon the does not deprive him of the privilege to
result of the litigation (allowed). Note, engage in business activities as enjoyed by
however, that a contingent fee contract any other person, but his being a lawyer in
which is unreasonable ceases to be a the practice of law enjoins him from doing
measure of due compensation for services any such act as may bring dishonor to the
rendered. profession or violate any of its ethical rules
concerning advertising or solicitation of
Effects of Prohibited Purchase business.
η A prohibited purchase is null and void ab
initio; public interest and public policy
dictate that its nullity is definite and RULE 16.01
permanent and cannot be cured by ACCOUNT FOR ALL MONEY AND PROPERTY
ratification. The lawyer will be deemed to
hold the property in trust for the client.  Rule 16.01. A lawyer shall account
for all money or property collected or received
η The client is therefore entitled to recover for or from the client.
property and interest from his attorney with
the fruits. The client should, however, NOTES
return the purchase price and the legal (Agpalo)
interests.

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[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
69
η A lawyer holds money or property, which he prosecutor therein. [They] may be initiated by
received from or for his client, in trust and the Court motu propio. Public interest is [their]
should promptly make an accounting primary objective, and the real question for
thereof. determination is whether or not the attorney is
still a fit person to be allowed the privileges as
η If money or property entrusted was not used such...” In disbarment proceedings, burden of
for its purpose, it should be returned proof rests on complainant, and for the Court to
immediately to the client. Failure to return exercise its disciplinary powers, the case against
would raise presumption that he the respondent must be established by clear,
misappropriated the money/property. convincing and satisfactory proof (clear
preponderant evidence).
η Money received by a lawyer from a person
who is not his client is also held by him in In determining the penalty imposed, SC
trust and he is under obligation to account considered the penalties in different
for it. circumstances in previous cases and concluded
that Atty. Barcelona deserves to be disbarred for
η The question is not whether the rights of the collecting P64,000 for the immediate release of
clients have been prejudiced but whether the the detainee through his alleged connection with
lawyer has adhered to the ethical standards a Justice of the SC. It appears that Atty.
of the bar. Barcelona had previously been charged and
found guilty of conduct unbecoming a lawyer in
η The circumstance that a lawyer has a lien for Gil T. Aquino v. Atty. Wenceslao C. Barcelona.
his attorney’s fees over the client’s money in He misrepresented himself to complainant when
his possession does not relieve him from the he offered to secure restructuring complainant’s
obligation to make a prompt accounting and loan in PNB, claiming he knew someone there.
his failure to do so constitutes professional He was suspended for 6 months and ordered to
misconduct return whatever remained of complainant’s
P60,000. Respondent has demonstrated a
penchant for misrepresenting to clients that he
 Berbano v. Barcelona (2003) has the proper connection to secure relief they
F: The Berbano family gave Atty. Barcelona up to seek, and thereafter, ask for money which will
P64,000 in cash and checks to secure the release allegedly be given to such connections. The
of Daen, their attorney-in-fact. Atty. Barcelona same is true in this case. Not only that, he had
made it appear that he had connections with SC the audacity to tell complainant that the Justices
justices. The SC ordered his disbarment. of the Supreme Court do not accept checks. In
so doing, he placed the Court in dishonor and
H: Respondent is guilty of culpable public contempt.
violations of Canons 1, 7, 11, 16 and Rule 16.01.
The Code exacts from lawyers not only a firm As an officer of the Court, it is his sworn and
respect for law, legal processes and the courts moral duty to help build and not destroy
but also mandates the utmost degree of fidelity unnecessarily that high esteem and regard
and good faith in dealing with their clients and towards the courts so essential to the proper
the moneys entrusted to them pursuant to their administration of justice. Judiciary has been
fiduciary relationship. besieged enough with accusations of corruption
and malpractice. For a member of the legal
OBITER: profession to further stoke the embers of
The object of disbarment is not so much to mistrust on the judicial system with such
punish the individual attorney himself, as to irresponsible representations is reprehensible
safeguard the administration of justice by and cannot be tolerated. Respondent made a
protecting the court and the public from the mockery of the Judiciary and further eroded
misconduct of officers of the court, and to public confidence in courts and lawyers when he
remove from the profession of law persons ignored the proceedings in the Aquino and in the
whose disregard for their oath of office have present case. Moreso when he misrepresented to
proved them unfit to continue discharging the client that he has connections with a Member of
trust reposed in them as members of the bar. In the Court to accommodate his client and that
re Almacen: “Disciplinary proceedings against Justices of the Court accept money. Indubitably,
lawyers are sui generis. Neither purely civil nor he does not deserve to remain a member of the
purely criminal, they do not involve a trial of an Bar any minute longer. The Supreme Court, as
action or a suit, but are rather investigations by guardian of the legal profession, has ultimate
the Court into the conduct of one of its disciplinary power over attorneys.
officers...there is neither a plaintiff nor a

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[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
70
services of Atty. Jose Go, who advised her to
 Daroy v. Legaspi (1975) give him titles to 3 lots in Zamboanga City and
F: The SC disbarred Atty. Legaspi who, without execute deeds of sale in his favor without any
his client’s knowledge, received from the deputy monetary or valuable consideration supposedly
provincial sheriff P4,000 as their share in the so that Atty. Go can sell the lots and pay
intestate proceeding of their maternal Nazaria’s debts. When mortgages over three
grandparents. He misled his clients by informing other lots fell due, Atty. Go redeemed the lots
them that they could withdraw the money but and convinced Nazaria to execute deeds of sale
later admitted that he had withdrawn the money in his favor. In 1974, Nazaria found out Atty. Go
and spent it. The SC disbarred Atty. Legaspi. did not sell the lots but that he become the
H: A lawyer, under his oath, pledges owner, depriving her of real properties worth
himself not to delay any man for money or millions. In 1975, Nazaria filed disbarment letter-
malice and is bound to conduct himself with all complaint. The SC disbarred Go.
good fidelity to his clients. He is obligated to
report promptly the money of his clients that has H: Atty. Go’s acts in acquiring the lots
come into his possession (otherwise a violation entrusted to him are acts constituting gross
of Sec. 25, Rule 138 of ROC). He should not misconduct, a grievous wrong, a forbidden act, a
commingle it without his client’s consent. He dereliction in duty, willful in character and
should maintain a reputation for honesty and implies a wrongful intent and not mere error in
fidelity to private trust. The fact that a lawyer judgment, thereby violating Canon 16. Such
has a lien for fees on money in his hands would conduct degrades not only himself but also the
not relieve him from the duty of promptly name and honor of the legal profession.
accounting for the funds received. He also violated Canon 17 when he abused the
trust and confidence of Nazaria when he did not
A member of the bar who converts the money of sell the lots as agreed but sold it to himself. He
his client to his own benefit through false should have given a detailed report. Complainant
pretenses is guilty of deceit, malpractice and could have earned more if lots were sold to other
gross misconduct in his office of lawyer (plus buyers. Records show she did not receive any
manufactured defenses, lack of candor and amount from respondent.
failure to appear in the investigation causing
case to drag for 5 years). The attorney, who OBITER:
violates his oath, betrays the confidence reposed Respondent’s deceitful, dishonest, unlawful and
in him by a client and practices deceit cannot be grossly immoral acts have made him unfit to
permitted to continue as a law practitioner. Not remain in the legal profession. Lawyers are to
alone has he degraded himself but as an uphold the integrity and dignity of the legal
unfaithful lawyer he has besmirched the fair profession and are to refrain from any act or
name of an honorable profession. omission which might lessen the trust and
confidence reposed by the public in the fidelity,
honesty, and integrity of the legal profession.
RULE 16.02 Respondent blemished not only his reputation as
KEEP CLIENT’S FUND SEPARATE member of the Bar but also the legal profession.
Membership in the bar is a privilege. It is the
 Rule 16.02. A lawyer shall keep the duty of the Court, which made a lawyer one of
funds of each client separate and apart from his its officers and gave him the privilege of
own and those of others kept by him. ministering within its Bar, to withdraw the
privilege if it appears that he is no longer worthy
NOTES of trust and confidence of his clients and the
(Agpalo) public.

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

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
71
law; its continued possession is also essential for η If client agrees with lawyer as to the amount
remaining in the legal profession. of attorney’s fees and as to the application of
the client’s fund to pay his lawful fees and
Sec. 27(3) , Rule 138 of the Revised Rules of disbursement, a lawyer may deduct what is
Court mandates that a lawyer may be disbarred due him and remit the balance to his client.
or suspended by SC for gross misconduct in If no such agreement or consent or if there
office. is dispute or disagreement as to the fees, he
should return everything to client without
Penalty recommended by IBP too light prejudice to his filing a case to recover his
considering the depravity of respondent’s unsatisfied fees.
offense. A lawyer who takes advantage of his
client’s financial plight to acquire the latter’s η This rule grants the lawyer a lien over the
properties for his own benefit is destructive of client’s funds in his possession as well as on
the confidence of the public in the fidelity, all judgments and executions he has secured
honesty, and integrity of the legal profession. for his client, to satisfy his lawful fees and
disbursements.
RULE 16.03
DELIVERY OF FUNDS; LAWYER’S LIEN
 Busiños v. Ricafort (1997)
 Rule 16.03. A lawyer shall deliver F: Atty. Ricafort, as counsel of Busiños in a
the funds and property to his client when due or case Busiños won, received from the Clerk of
upon demand. However, he shall have a lien Court of RTC Ligao, Albay, P25K and from OAS
over the funds and may apply so much thereof Standard High School P5K. Busiños waited for
as may be necessary to satisfy his lawful fees the amounts to deposited in her account. Atty.
and disbursements, giving notice promptly Ricafort later informed her that he had spent the
thereafter to his client. He shall also have a lien money but he promised to pay her. Only after an
to the same extent on all judgments and estafa case was filed did Atty. Ricafort pay P60K
executions he has secured for his client as as settlement. Busiños dropped estafa case but
provided for in the Rules of Court. not the disbarment case. The SC

 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,

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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72
nothing should be done by any member of the
legal fraternity which might tend to lessen in any The principle of quantum meruit applies if a
degree the confidence of the public in the lawyer is employed without a price agreed upon
fidelity, honesty and integrity of the profession. for his services in which case he would be
entitled to receive what he merits for his
Respondent chose to forget that by swearing the services, as much as he has earned. In this
lawyer’s oath, he became a guardian of truth and case, however, the principle is inapplicable
the rule of law, and an insdispensable instrument because there was an express contact and a
in the fair and impartial administration of justice stipulated mode of compensation.
—a vital function of democracy.
Any departure from the path which a lawyer H: [re: Atty. Robinol] Atty. Montemayor had in
must follow as demanded by virtues of his no way encroached upon the professional
profession shall not be tolerated especially where employment of a colleague. Of the 32 plaintiffs,
respondent deliberately defied lawful orders of 21 expressed their resolve to change their
the Court, transgressing Canon 11 which lawyers. It is sufficient to make the consensus
requires a lawyer to observe and maintain binding. Atty. Robinol is estopped from
respect due to the courts. questioning his discharge. In his memorandum
and in the proceedings, he stated that he had no
objection to Atty. Montemayor’s appearance as a
 Quilban v. Robinol (1989) counsel. He was informed in writing by plaintiffs
F: Pursuant to a court order in their favor, of the termination of his services followed by
thirty-two squatter families turned over a total of another letter of the same tenor. Clients are free
P75K to their counsel Atty. Robinol to purchase to change their counsel in a pending case at any
the land which they were occupying. Atty. time and thereafter employ another lawyer who
Robinol had entered into an agreement with the may then enter his appearance. The plaintiff’s
families that he would receive a portion of the act was within their prerogative in deciding to
land equivalent to that of one of the families. On change their lawyer for loss of trust and
the pretense that he wanted his portion confidence.
converted to cash, he witheld payment of the
P75K to the owner of the property. The families
changed counsel to Atty. Montemayor and filed RULE 16.04
an administrative case against Atty. Robinol to NO BORROWING OR LENDING
investigate his refusal to return money. The SC
disbarred Atty. Robinol and found that Atty.  Rule 16.04. A lawyer shall not
Montemayor did not encroach upon the the borrow money from his client unless the client’s
former’s attorney-client relationship with the interests are fully protected by the nature of the
families. case or by independent advice. Neither shall a
lawyer lend money to a client except when, in
H: [re: Atty. Robinol] Atty. Robinol has no the interest of justice, he has to advance
right to unilaterally appropriate his client’s necessary expenses in a legal matter he is
money not only because he is bound by written handling for the client.
agreement (the written agreement says that
portions of the land would be given to him not its NOTES
monetary equivalent) but also because it was (Aguirre)
highly unjust for him to do so. Clients were
mere squatters who could barely raised their η Stated positively, the first part of the above
respective quota of 2,500 per family with which rule allows the lawyer to borrow form his
to pay for the land only to be deprived of the client if the client’s interests are fully
same by one who, after having seen the color of protected by the nature of the case or by
money, heartlessly took advantage of them. His independent advise, while the second part
claim that since he was unjustly dismissed by his allows a lawyer to lend money to his client
clients he had the legal right to retain the money only when he has to advance necessary
in his possession has no basis because of the expenses in a legal matter he is handling for
following reasons: (1) There was a justifiable the client as this will serve the interest of
ground for his discharge. His clients had lost justice.
confidence in him for he had engaged in dilatory
tactics to the detriment of their interests, which
he was duty-bound to protect. (2) Even if there
were no valid ground, he is bereft of any legal
right to retain his client’s funds intended for a
specific purpose-the purchase of land.

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73
η Chapertous Contract—where the lawyer
assumes all expenses of litigation and  Barnachea v. Quicho (2003)
reimbursement is contingent on outcome of F: Atty. Quiocho had not been in the
case is PROHIBITED! Chapertous contracts practice of law for some time but decided to
are like wagers—the lawyer gets paid and revive his legal practice with some associates.
reimbursed if he wins the case and loses The complainant engaged the legal services of
even what he had spent on the case if he repsondent to cause the transfer under her name
loses. of title over property previously owned by her
sister. Complainant issued the total amount of
P41,280 for the expenses for the transfer and
η Champerty—a bargain by a stranger (the
payment for respondent’s legal services. Atty.
lawyer) with a party to a suit (the client) by
Quiocho encashed the checks. After two months,
which such third person undertakes to carry
respondent was unable to secure title over the
on the litigation at his own expense and risk,
property in favor of complainant. She then
in consideration of receiving, if successful, a
demanded the refund of the amount and the
part of the proceeds or subject sought to be
documents she handed. Respondent failed to
recovered.
comply. Complainant Baranachea filed a
complaint for breach of lawyer-client relations.
η v Maintenance—consists in maintaining,
The SC suspended Atty. Quiocho from the
supporting or promoting the litigation of
practice of law for one year.
another; Chaperty is a bargain to divide the
proceeds of litigation between the owner of
H: A lawyer is obliged to hold in trust money or
the liquidated claim (the client) and a party
property of his client that may come into his
supporting or enforcing the litigation (the
possession. He is to keep the funds of his client
lawyer)
separate and apart from his own and those of
others kept by him. If money entrusted to a
η v Contingent Fee Contract—in this, the lawyer for a specific purpose is not used, it must
lawyer gets reimbursed for any advances be returned immediately. Failure to return raises
made for the client in the course of the the presumption that he misappropriated it.
representation, whether he wins the suit or
not; only the amount of attorney’s fees is The relation of attorney and client is highly
contingent upon winning. fiduciary in nature and is of a very delicate,
exacting and confidential character. A lawyer is
(Agpalo) duty-bound to observe candor, fairness and
loyalty in all his dealings and transactions with
η That a lawyer should not borrow his clients. The profession, therefore, demands
from his client is intended to prevent the of an attorney an absolute abdication of every
lawyer form taking advantage of his personal advantage conflicting in any way,
influence over the client. While the lawyer directly or indirectly, with the interest of his
may borrow where the client’s interests are client.
fully protected by the nature of the case he
is handling for the client, or by independent
advice from another lawyer, he should not  Rubias v. Batiller (1973)
abuse the client’s confidence by delaying F: Atty. Rubias, a lawyer, filed a suit to recover
payment. the ownership and possession of a parcel of lot
which he bought from his father-in-law, against
η That a lawyer may not lend its present occupant Batiller. Batiller argued that
money to client, except when, in the interest the contract of sale between Atty. Rubias and his
of justice, he has to advance necessary father-in-law was void because it was made
expenses in a legal matter he is handling, is when plaintiff was counsel of his father-in-law in
intended to assure the lawyer’s independent a land registration case involving the property in
professional judgment, for if a lawyer dispute (pursuant to art. 1409 & 1491 of the
acquires a financial interest in the outcome Civil Code). SC held that the sale was void.
of the case, the free exercise of his
judgment may be adversely affected. He H: “Assuming arguendo that his client could sell
might be after his own recovery more than the same, the sale would still be void and could
that of his client, violating his duty of produce no legal effect because Article 1491 of
undivided fidelity to client and making our Civil Code prohibits lawyers, amongst others,
lawyering a money-making venture and not by reason of the relation or trust or their peculiar
a profession. control over the property, from acquiring such
property in their trust or control either directly or

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74
indirectly and even at a public or judicial η Fear, judicial disfavor, or public unpopularity
function. The nullity of such prohibited contracts should not restrain a lawyer from the full
with regard to judicial officers and lawyers is discharge of his duty.
definite and permanent and cannot be cured by
ratification. In this regard, the permanent η The finest hours of the legal profession were
disqualification grounded on public policy differs those where a lawyer stood by his client
from the first three cases under art. 1491 even in the face and risk of danger to this
(guardians, agents, and administrators), whose person or fortune. And his client can take
transactions it has been opined may be “ratified” comfort in the thought that his lawyer will
by means and in the form of a “new contract,” in not abandon him when his services are
which case its validity may be determined only needed most.
by the circumstances at the time of the
execution of a new contract.
 In re: Suspension from the Practice
of Law (2004)
F: Atty. Maquera was suspended from the
CANON 17 practice of law in Guam where he had also been
TRUST AND CONFIDENCE admitted as attorney. This suspension was due
to findings of misconduct, as he acquired his
client’s property as payment for his legal
services and as a consequence obtained an
unreasonable high attorney’s fee. IBP suspended
 Canon 17. A lawyer owes fidelity
Maquera but not for the same reason as that
to the cause of his client and he shall be mindful
held in his Guam case. Rather, IBP rendered to
of the trust and confidence reposed in him. [no
suspend him due to his failure to pay member’s
implementing rules]
dues. The SC held that Maquera’s acts in Guam
violate standards of ethical behavior for lawyers
and thus constitute grounds for his suspension in
the Philippines. However, because he had not
been given an opportunity to be heard on the
matter in the Philippines he could not be
NOTES
penalized therefore. The Court, asked that he
(Agpalo)
show cause why he should not be penalized and
suspended him, instead, for one year for his
η No lawyer is obliged to act either as adviser
non-payment of IBP dues.
or advocate for every person who may wish
to become his client. He has the right to
H: The Superior Court of Guam found that
decline employment (subject to Canon 14 of
Maquera’s acquisition of his client’s right of
the CPR).
redemption as payment for legal fees, his
subsequent exercise of said right, and his act of
η Once he agrees to take up the client’s cause,
selling the redeemed property for huge profits
however, the lawyer owes fidelity to such
were tainted with deceit and bad faith when it
cause and he must always be mindful of the
concluded that Maquera charged client an
trust and confidence reposed in him; entire
exorbitant fee for his legal services.
devotion to the interest of the client; warm
zeal and maintenance and defense of his Maquera’s acts are valid grounds for his
client’s right; the exertion of his utmost suspension from the practice of law in the
learning and ability to the end that nothing Philippines. Such acts are violative of a lawyer’s
be taken or withheld from his client, save by sworn duty to act with fidelity toward his clients.
the rules of law, legally applied. However, Maquera’s suspension in Guam does
not automatically result in his suspension or
η The client is entitled to the benefit of any disbarment in the Philippines. This only
and every remedy and defense that is constitutes prima facie evidence of Maquera’s
authorized by law and he may expect his unethical acts as a lawyer. Due process
lawyer to assert every remedy or defense demands that he be given the opportunity to
authorized by law in support of his client’s defend himself and to present testimonial and
cause, regardless of his lawyer’s personal documentary evidence on the matter.
views.

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 Ngayan v. Tugade (1991) answer the complaint and his failure to appear
F: Complainants procured the services of for investigation re evidence of his flouting
Atty. Tugado in a case concerning the resistance to lawful orders of the court and
unauthorized entry of Soriano and Leonido into illustrate his despiciency for his oath of office.
their dwelling. Atty. Tugade drafted an affidavit
which omitted the fact that Leonido was one of
the persons who barged into their dwelling. Mrs.
Ngayan signed the affidavit without reading it  Vda de Alisbo v. Jalandoon Sr. (1991)
because Atty. Tugade rushed. Atty. Tugade was F: In an action to recover share in estate of
later discharged by complainants after they a deceased relative, Alisbo availed of Atty.
noticed the omission. After the discharge, Jalandoon’s services. Jalandoon had acted as
complainants found out that the name of Leonido counsel for the Sps. Sales who had secured a
was not even included in the charge. The judgment in their favor against Alisbo.
omission was remedied by their new counsel and Jalandoon filed a first complaint on behalf of
a case was subsequently filed in court. Later, Alisbo which was found to be defective as the
Soriano and Leonido filed a motion for lone petitioner, Alisbo was insane and without
reinvestigation and attached thereto the first legal capacity to sue. Jalandoon’s amended
affidavit of Mrs. Ngayan. The motion was filed by complaint which was filed in the name of Alisbo
Atty. Gaminda, a former classmate of Atty. and other petitioners was dismissed for having
Tugade. Complainants also discovered that Atty. been filed beyond the reglementary period for
Tugade was the lawyer of the Leonido’s brother. revival of judgment.
When the motion for reinvestigation was set for
hearing before the city fiscal, Atty. Tugade H: As a dutiful lawyer, he should have declined
himself executed and submitted an affidavit in the employment offered by Alisbo on the ground
favor of the adverse parties. He also sent a of conflict of interest. Had he done that soon
personal letter to the fiscal denouncing enough, then Alisbo’s would have had enough
complainants and stating that he is filing criminal time to hire another lawyer and they would not
and civil cases against them. The SC suspended have lost their case through prescription of the
Atty. Tugade from the practice of law for one action. He thus violated Paragraph 1 and 2, No.
year. 6 of the Canons of Professional Ethics which
provides that “It is a duty of a lawyer at the time
H: Respondent’s act of furnishing the of the retainer to disclose to the client a) all the
adverse parties with a copy of their discarded circumstances of his relations to the parties, b)
affidavit, thus enabling them to use it as and any interest in or connection with the
evidence against the complainants constitutes controversy, which might influence the client in
betrayal of trust and confidence of his former the selection of the counsel. It is unprofessional
clients in violation of par. (e), Section 20, Rule to represent conflicting interests, except by
138, Rules of Court. We tend to believe express consent of all concerned given after a
complainants’ claim that Atty. Tugade was partial full disclosure of the facts. Within the meaning of
to the adverse parties as he even tried to this canon, a lawyer represents conflicting
dissuade complainants from filing charges interests when, in behalf of one client, it is his
against Leonido, which could be explained by the duty to contend for that which duty to another
fact that respondent is the former classmate of client requires him to oppose.”
the adverse party’s counsel and that respondent
is the lawyer of the brother of Leonido in an Atty. Jalandoon used his position as Alisbo’s
insurance company. Respondent’s act of counsel precisely to favor his other client Carlito
executing an affidavit as exhibit for the adverse Sales, by delaying Alisbo’s action to revive the
parties advancing facts which are prejudicial to judgment n his favor and thereby deprive him of
the case of his former clients such as the fact the fruits of his judgment which Atty. Jalandoon,
that the crime charged in complainant’s affidavit as Sales’ counsel, had vigorously opposed.
had prescribed and that he was asked to prepare Thus, although he prepared the complaint for
an affidavit to make the offense more grave so revival of judgment, he delayed its filing until
as to prevent the offense from prescribing Sept 12, 1970. He postponed filing the action by
demonstrates clearly an act of offensive asking the Court to instead resolve pending
personality against complainants in violation of incidents in said civil case. The original complaint
paragraph (f) of Section 20, Rule 138, Rules of which he filed in the names of Ramon Alisbo and
Court. Likewise, respondent’s act of joining the his brothers was only partially defective because
adverse parties in celebrating their victory over of Ramon’s incompetence. By dropping the other
the dismissal of the case against them plaintiffs, he made it wholly defective and
constitutes a degrading act on the part of the ineffectual to stop the running of the prescriptive
lawyer. Additionally, respondent’s failure to period. After filing the complaint, he sat on the

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76
case. While he allegedly found out about Alisbo’s which orders them to vacate their apartment.
insanity on July 17, 1971 only, he amended the Atty. Potenciano assured them that he could
complaint to implead Alisbo’s legal guardian as secure for them a restraining order as the judge
plaintiff on Dec 8, 1971 only, or almost five was his katsukaran (close friend). Contrary to
months later. By that time, the prescriptive this, the judge asked respondent to withdraw his
period had run out. Atty. Jalandoon betrayed his appearance as counsel because of their
client Ramon Alisbo’s trust and did not champion friendship. Respondent solicited various sums
his cause with that whole-hearted fidelity, care, from the petitioners which, allegedly, were to be
and devotion that a lawyer is obligated to give to used in the litigation. But four days prior to the
every case that he accepts from a client. hearing, Potenciano withdrew his appearance as
counsel. Unable to avail of another lawyer’s
There is more than simple negligence. There is a services and to secure a restraining order, the
hint of duplicity and lack of candor in his dealings petitioners were forced to vacate the property.
with his client, which call for the exercise of the The SC indefinitely suspended Potenciano from
Court’s disciplinary power. the practice of law.

H: The failure to exercise due diligence or the


abandonment of a client's cause makes such
 Ppl v. Ingco (1971)
lawyer unworthy of the trust which the client had
F: Respondent Alfredo Barrios, counsel of reposed on him. Assuming that respondent had
Gaudencio Ingco, filed fifteen days late a motion no previous knowledge that he would be asked
for the extension of the time for submitting the to withdraw, the record is quite clear that 4 days
brief for appellant Ingco, who had been prior to the hearing of the preliminary injunction,
sentenced to death for the crime of rape with respondent already filed a motion therein
homicide. He explained that he was busy with withdrawing as complainant's counsel interposing
another case pending in the CA and that he was as reason therefore his frequent attacks of pain
misled into assuming that he had taken the due to hemorrhoids. Despite this void,
necessary steps to file a motion for extension of respondent failed to find a replacement. He did
time for the submission of his brief by receipt of not even ask complainant to hire another lawyer
the resolution from the CA granting him such in his stead. His actuation is definitely
extension. inconsistent with his duty to protect with utmost
dedication the interest of his client and of the
H: Considering that the accused was fidelity, trust and confidence which he owes his
fighting for his life, the least that could be client. More so in this case, whereby reason of
expected of a counsel de oficio is awareness of his gross negligence complainant thereby
the period within which he was required to file suffered by losing all her cases.
appellant’s brief. The mere fact that according
to him his practice was extensive requiring his Ratio why much is demanded of a lawyer: “Public
appearance in courts in Mla and other provinces interest requires that an attorney exert his best
should not have lessened that degree of care efforts and ability in the prosecution or defense
necessary for the fulfillment of his responsibility. of his client’s cause. A lawyer who performs that
What is worse is that by sheer inattention, he duty with diligence and candor not only protects
would confuse the proceedings in a matter the interest of his client; he also serves the ends
pending in the CA with this present case. Such of justice, does honor to the bar and helps
grave neglect of duty is deserving of sever maintain the respect of the community to the
condemnation. It is clearly unworthy of legal profession. This is so because the
membership in the Bar which requires dedication entrusted privilege to practice law carries with it
and zeal in the defense of his client’s rights, a the correlative duties not only to the client but
duty even more exacting when one is counsel de also to the court, to the bar and to the public.
oficio. On such an occasion, the honor and That circumstance explains the public concern for
respect to which the legal profession is entitled the maintenance of an untarnished standard of
demand the strictest accountability of one called conduct by every attorney towards his client.”
upon to defend an impoverished litigant. He who [the case cites Agpalo and, in his textbook,
fails in his obligation then has manifested a Agpalo points out the fact that the case cited
diminished capacity to be enrolled in its ranks. him]
SEVERLY REPRIMANDED

 Cantiller v. Potenciano (1968)


CANON 18
F: Petitioners availed of Atty. Potenciano’s
COMPETENCE AND DILIGENCE
services for their petition to annul a judgment

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77
or a lawyer’s duty to his client or from a
blind and overzealous performance.

 Canon 18. A lawyer shall serve his


client with competence and diligence. RULE 18.01
CLIENT CONSENT WITH COLLABORATING
Rule 18.01. A lawyer shall not undertake a COUNSEL
legal service which he knows or should know that
he is not qualified to render. However he may  Rule 18.01. A lawyer shall not
render such service if, with the consent of his undertake a legal service which he knows or
client, he can obtain as collaborating counsel a should know that he is not qualified to render.
lawyer who is competent on the matter. However he may render such service if, with the
consent of his client, he can obtain as
Rule 18.02. A lawyer shall not handle any collaborating counsel a lawyer who is competent
legal matter without adequate preparation. on the matter.

Rule 18.03. A lawyer shall not neglect a NOTES


legal matter entrusted to him, and his negligence (Aguirre)
in connection therewith shall render him liable.
η However well meaning he may be, a lawyer
Rule 18.04. A lawyer shall keep the client cannot ask another lawyer to collaborate
informed of the status of his case and shall with him in a particular case without the
respond within a reasonable period of time to the consent of the client. The fiduciary nature of
client’s request for information. attorney-client relationship prohibits this.

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

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78
the case in an uneven light. Careless η A lawyer may properly obtain statements
preparation may cast doubt upon lawyer’s from witnesses whose names were furnished
intellectual honesty and capacity. by the opposing counsel or interview the
employees of the opposing party even
η Thorough study and preparation will not though they are under subpoena to appear
ensure winning the litigation, however as witnesses for the opposite side.
lawyer shall have deep satisfaction of having
lost a case but won the esteem and respect η An adverse party may be used as witness.
of his client and the approbation of the court But not within the meaning of the rule
in the manner he espoused his client’s cause permitting a lawyer to interview the witness
with skill, diligence, ability and candor. of the opposing party even without the
consent of the opposing counsel. REASON:
Preparation of Pleadings lawyer is forbidden from communicating
upon the subject of controversy with the
η Pleadings show the extent of study and
opposite party, except with the latter’s
preparation, articulate ideas, mirror the
counsel.
personality of the lawyer, and reflect his
conduct and attitude. Thus, lawyers must
η It is the lawyer’s duty to obtain witness’s
exercise utmost care in the preparation of
retraction if he committed perjury
pleadings.
η How a lawyer should prepare his pleading:
RULE 18.03
thoroughly discuss the issued raised; refrain
NOT TO NEGLECT LEGAL MATTERS
from using abrasive and offensive language;
not suppress or distort material and vital
 Rule 18.03. A lawyer shall not
facts, nor omit relevant documents which
neglect a legal matter entrusted to him, and his
bear on the merit or lack of merit of his
negligence in connection therewith shall render
petition
him liable.
η The following may not excuse a lawyer from
complying with preparation of pleadings:
η A lawyer who accepts a legal matter from his
time pressure; inexperience of counsel;
client is understood that he will take all
assertiveness in espousing his client’s cause
procedural steps necessary to prosecute the
or even good faith and honest intention.
client’s claim or to defend the client’s rights
in the action
η Note that a complaint for damages: should
allege and state the specific amounts
claimed in the body of complaint and the
Ordinary diligence required
prayer
η The standard of diligence required of a
lawyer is that of a good father of a family.
Interviewing witnesses
He is not bound to exercise extraordinary
η A lawyer may interview a witness in advance diligence
of trial to guide him in the management of
the litigation η There is want of required diligence when a
lawyer fails without sufficient justification to
η Witness however must be warned when bring an action immediately, to answer a
asked on cross-examination as to whether complaint within the reglementary period, to
counsel has conferred with him, a cheap notify his client of the date of the date of
subterfuge employed by some lawyers to hearing, to attend the scheduled pre-trial
entrap a witness in to falsehood, to be conference, to inform the client of an
truthful and frank to admitting it. adverse judgment within the reglementary
period to appeal, to take steps to have the
η He should avoid any suggestion calculated to adverse decision reconsidered or appealed,
induce witness to suppress or deviate from to ascertain the correct date of receipt of
the truth decision, to acquaint himself with what has
happened to the litigation, to pay docket fee
η Lawyer may also interview a “prospective on appeal, to claim judicial notice sent to
witness for the opposing side in any civil or him by mail or to file the appellant’s brief
criminal action without the consent of the
opposing counsel or party. η If lawyer cannot appear at the scheduled
hearing, he should either request another
lawyer to appear for him and see to it that

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79
he does so or ask for its postponement
(without assuming that postponement will be η The following will not prevent service of
granted) registered mail from being effective after 5
days of notice by postmaster: lawyer could
η A lawyer who enters in midstream has duty not afford to hire a regular clerk to claim
to inquire status of the case mail; that his clerk failed to call his
attention to it; the demands of his work
η A lawyer should see to it that his client required him to be in different places;
attend the pre-trial conference. If client changed his address without notice to the
cannot appear, he should secure a written court
authority to compromise action and submit
the case to arbitration Notice of change of address
η A lawyer must make of record his correct
η A lawyer should not assume that motion for address in the case in which he appears for a
extension will be granted. He should always suit or and to inform the court in writing of
inquire with the clerk of court. his change of address. Otherwise he will not
be entitled to be served with judicial notice if
η If a lawyer failed to present motion for address not on record.
extension of time to file a pleading, motion,
brief or memorandum, and within the η The effect of failure to notify the court of a
reglementary period, he should file the same change in address is that a notice served at
accompanied with a motion for leave to the attorney’s original address is binding
admit it, stating therein the reasons for the upon the client who will suffer the
delay. consequences.

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

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80
Standard of duty required of defense counsel to plead guilty, irrespective of their guilt or
η A defense lawyer is required to render innocence
effective legal assistance to the accused,
irrespective of his personal opinion as to the η guilt plea system puts the most reputable
guilt of his client (In a criminal case. lawyer into a trying situation. It would be to
Remember that he can decline in a civil suit the client’s advantage in view of the
if suit is intended to harass or injure evidence of guilt and in view of the
another) prosecution’s offer or willingess to charge
him with a lesser offense if the accused will
η He should present by all fair and honorable enter a plea of guilty.
means, every defense and mitigating
circumstance that the law permits to the end η The dilemma: if he were to advise his client
that his client may not be deprived of life, to enter a plea, he may be less than true to
liberty or property but by due process of law his duty of extending the best legal
legally applied. assistance. If he were to counsel him to
plead guilty, he may be confronted with the
problem of division of responsibility as to the
η In defense, a lawyer should not put on a correctness of the step taken. Solution: none
witness stand whom he knows will give a really. These problems just underscore the
false testimony. He should also not attribute need for a defense counsel to be
to another person the crime with which his conscientious and diligent in the discharge of
client is charged unless it can be inferred his duties to an accused who desires to enter
that another may have committed it. a guilty plea as the best insurance for a clear
η A lawyer may not cause the transfer, conscience
through misrepresentation of a case pending
in one sala to another without the consent of
the judge, and for the purpose of obtaining a  Dalisay v. Mauricio (2005)
more satisfactory remedy. He cannot F: Valeriana Dalisay was impressed with
likewise employ improper or dishonorable Atty. Melanio “Batas” Mauricio Jr.’s pro-poor and
means to secure acquittal of an accused pro-justice advocacy, and engaged his services
known to him to be guilty, nor abandon him for a civil case where she is the defendant. She
or withdraw from the case even if he is handed him all pertinent documents, and paid
convinced of his client’s guilt. him a total of P56K. Notwithstanding her
payments, Mauricio never rendered any legal
What is required of counsel de oficio service regarding the civil case. Dalisay then
η Expected to render effective service and to terminated their attorney-client relationship and
exert his best efforts on behalf of an indigent demanded the return of the amounts and
accused. documents. Mauricio refused. The SC required
Mauricio to refund the P56K and suspended him
η He ought not to be excused from his for 6 months.
responsibility for any trivial reason.
H: When Mauricio accepted PhP56,000 from
Duty of defense counsel when accused intends to Dalisay, it was understood that he agreed to take
plead guilty up the latter’s case and that an attorney-client
η When a client desires to enter a guilty plea, relationship between them was established.
his counsel must fully acquaint himself with From then on, it was expected of him to serve
the records and surrounding circumstances Dalisay with competence and attend to her case
of the case; confer with the accused and with fidelity, care and devotion. He did not even
obtain from him his account of what had follow-up the case which remained pending up to
happened; advise him of his constitutional the time she terminated his services. There was
rights; thoroughly explain to him the import also no evidence nor any pleadings submitted to
of a guilty plea and the inevitable conviction show that Mauricio filed any case considering
that will follow; see to it that prescribed that the filing fee had to be paid simultaneously
procedure is strictly followed and disclosed in with the filing of a case. It is clear that Mauricio
the court records. did not take any step to assist Dalisay in her
case, charging P56K is improper. While giving
η professional writrunners and pleaders: legal advice and opinion on Dalisay’s problems
lawyers who handle large volume of cases and those of her family constitutes legal
for less than spectacular fees by advising, services, however, the attorney’s fees must be
influencing, cajoling or even coercing clients reasonable. Obviously, P56K is exorbitant. When
a lawyer takes a client’s cause, he covenants

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that he will exercise due diligence in protecting inform her that they had lost the case and that
the client’s rights. appeal was futile. Confident that the brother had
conveyed the message and having failed to
receive any advise from Reontoy, Atty. Ibadlit
 Endaya v. Oca (2003) did not file an appeal. He was later informed
F: The spouses Endaya were sued for that she wanted to appeal thus he filed a notice
unlawful detainer. Atty.Wilfredo Oca of the Public of appeal, which was denied for having been filed
Attorney’s Office was assigned to handle their beyond the reglementary period.
case. He failed to submit affidavits and position
papers required by the MTC. Fortunately for the H: A lawyer has no authority to waive his
spouses, the case was dismissed because the client’s right to appeal and constitutes a
MTC held that the plaintiffs in that case were not negligence and malpractice as proscribed in
real-parties-in-interest. On appeal to the RTC, 18.03.
the parties were required to submit memoranda.
Oca again failed to submit the documents. The
RTC reversed the MTC decision and the Endayas  Marivelles v. Mallari (1993)
were ordered to vacate the land and pay their Atty. Mallari represented Mariveles in a BP 22
debts in arrears. Endaya received the decision case, which he lost in the RTC of Davao. Despite
and confronted Oca who denied having received numerous extension (totaling 245 days) granted
the decision. This later proved to be false. The by the CA, Mallari failed to appeal. Hence the
SC suspended OCS for 2 months. decision became final. The SC, however, granted
H: Oca’s transgressions show his seeming Mariveles appeal, admitting the brief filed by new
stubborn mindset against the acts required of counsel stating: “Where the negligence of
him by the courts. This intransigent attitude not counsel is so great that the rights of the accused
only belies lack of diligence and commitment but are prejudiced and he is prevented from
evinces absence of respect for the authority of presenting his defense, especially where the
the SC and other courts involved. In not filing appellant raises issues which place in serious
tha appeal memorandum, Oca denied the doubt the correctness of the trial court’s
Endaya the chance of putting up a fair fight in judgment of conviction, the aforesaid rule
dispute. He should have left it to the sound [regarding dismissal of appeals] must not be
judgment of the court to determine whether rigidly applied to avoid a miscarriage of justice.”
affidavits support his clients, and not refuse to
file altogether.

Notwithstanding his belief that without the  Legarda v. CA (1992)


supporting documents a pleading would be futile, F: Legarda was defendant in a complaint for
he should have formally and promptly specific performance. Atty. Coronel, her counsel,
manifested his intent not to file the pleadings to failed to file an answer within the period and
prevent delay. Also, he tried to evade Legarda was thus declared in default. The lower
responsibility for his negligence when Endaya court rendered a decision against Legarda.
confronted him upon receipt of the adverse Coronel failed to pose an appeal within the
decision. Oca was untruthful and effectively period. Thus, the decision became final. The SC
betrayed the trust placed in him by the client. suspended Atty. Coronel for six months.

Oca’s explanations have undertones of H: Coronel is guilty of gross negligence for


dishonesty, especially in being the counsel only violating Canon 18 and rule 18.03 particularly.
for one incident. Though he asked to be relieved, By neglecting to file the answer to the complaint
this could not mean that less was expected of against petitioner, he set off the events which
him. Once a lawyer takes the case, he owes it to resulted in the deprivation of petitioner’s rights
the client to see the case to the end. Also, a over her house and lot. “It should be
lawyer continues to be counsel until the lawyer- remembered that the moment the lawyer takes a
client relationship is terminated either by the act client’s cause, he covenants that he will exert all
of his client or his own act, with permission of effort for its prosecution until its final conclusion.
the court. Until such time, the lawyer is expected A lawyer who fails to exercise due diligence or
to do his best for the interest of his client. abandons his client’s cause makes him unworthy
of the trust reposed on him by the latter.”

 Rentoy v. Ibadlit (1998)


F: Atty. Ibadlit was the lawyer of Reontoy.
RTC decided the case against his client. Atty. RULE 18.04
Ibadlit alleges that he told Reontoy’s brother to INFORM CLIENT OF STATUS OF CASE

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82
not lived up to that ideal standard. It was
unnecessary to have complainants wait, and
 Rule 18.04. A lawyer shall keep the hope, for six long years on their pension claims.
client informed of the status of his case and shall Upon their refusal to co-operate, respondent
respond within a reasonable period of time to the should have forthwith terminated their
client’s request for information. professional relationship instead of keeping them
hanging indefinitely.”

 Abay v. Montesino (2003)


F: National Institute of Technology, where
Abay is a stockholder, availed of Atty. CANON 19
Montesino’s legal service in an action against the REPRESENTATION WITH ZEAL
estate of Galo. In CA, Montesino failed to file an
appellant’s brief so appeal was dismissed. Abay
contended that dismissal was due to counsel’s
failure to pass appellant’s brief. In defense,  Canon 19. A lawyer shall represent
Montesino asserted he felt that the case they his client with zeal within the bounds of law.
filed was wrong as the property no longer
belonged to the heirs of Galo and that they Rule 19.01. A lawyer shall employ only fair
should recover said property from another and honest means to attain the lawful objectives
person. of his client and shall not present, participate in
H: The failure of respondent to file the brief was presenting or threaten to present unfounded
a clear violation of his professional duty to his criminal charges to obtain an improper
client. The Court cited Rule 18.03 and 18.04 of advantage in any case or proceeding.
the Code of Professional Responsibility. Not
filing the brief was prejudicial because it resulted Rule 19.02 A lawyer who has received
in the dismissal of the appeal. Respondent failed information that his client has, in the course of
to exercise due diligence towards the cause of the representation, perpetuated a fraud upon a
his client. His abandonment of that cause made person or tribunal, shall promptly call upon the
him unworthy of the trust of the client. Even if client to rectify the same, and failing which he
he sincerely thinks it’s for the client’s best shall terminate the relationship with such client
interest, he should have not abandoned the in accordance with the Rules of Court.
appeal without the client’s consent. He should
have just withdrawn his appearance and allowed Rule 19.03. A lawyer shall not allow his
the NIT to hire another lawyer. The client is client to dictate the procedure in handling the
entitled to the benefit of any and every remedy case.
and defense that is authorized by the law of the
land and he may expect his lawyer to assert NOTES
every such remedy or defense. Also, his failure (Agpalo)
to file the brief despite numerous extensions
violates Rule 12.03. η To society: he owes the duty not to engage
in unlawful, dishonest, immoral or deceitful
conduct. To the legal profession: he is not
 Blanza v Arcangel (1967) to engage in conduct that adversely reflects
F: Due to lack of evidence, the SC dismissed the on his fitness to practice law nor to behave
case against Atty. Arcangel who after in a scandalous manner to the discredit of
volunteering to help petitioners Blanza and the legal profession. To the courts: not to
Pasion claim pension (in connection with the do any falsehood, nor consent to the doing
deaths their PC husbands) failed to inform them of any in court. To the client: to impress
of the progress of their case because they had upon him compliance with the laws and
not paid him for photostating expenses he had principles of fairness.
incurred.
η The lawyer’s obligation to represent his
H: “A lawyer has a dynamic and positive role in client with zeal and devotion must always be
the community than merely complying with the within the bounds of the law.
minimal technicalities of the stature. As a man
of law, he is necessarily a leader of the η While his zeal in the task of advocacy is
community, looked up to as a model citizen. His commendable and his persistence in the
conduct must, perforce, be par excellence, discharge of his responsibility is
especially so when, as in this case, he volunteers understandable, it should not amount to
his professional services. Respondent here has

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83
obstinacy nor should it be carried beyond the make such assertion might be taken as an
limits of sobriety and decorum. admission of the lack or belief in the
soundness of his client’s cause.

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

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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84
his loyalties, by declining the professional discharge of a client's claim but the full amount
employment or terminating the professional in cash.
relationship. His duty to maintain
undisclosed his client’s confidence, which NOTES
outlasts his professional employment, should (Agpalo)
inhibit him, however, from volunteering such
information to any interested party. η A lawyer is not a gun for hire.

η Rule 19.03 warns the lawyer not


RULE 19.02 to allow his client to dictate the procedure in
RECTIFY CLIENT’S FRAUD handling the case.

 Rule 19.02 A lawyer who has η A lawyer should seek instruction


received information that his client has, in the from his client on any substantial matter
course of the representation, perpetuated a concerning the litigation, which requires
fraud upon a person or tribunal, shall promptly decision on the part of the client (i.e.
call upon the client to rectify the same, and whether to compromise the case, or to
failing which he shall terminate the relationship appeal an unfavorable judgment.) In
with such client in accordance with the Rules of procedural matters, the client must yield to
Court. the lawyer.

NOTES η While it is the lawyer’s duty to


(Agpalo) comply with the client’s lawful request, he
should resist and should never follow any
η Canon 19.02 merely requires the lawyer to unlawful instruction of his client.
terminate his relationship with the client in
the event the latter fails or refuses to rectify η Rule: In matters of law, it is the
the fraud. client who should yield to the lawyer and not
the other way around. Reasons: Lawyer’s
η On the other hand, Canon 41 of the Canons duty to the court is foremost. The dignity of
of Professional Ethics permits the lawyer to the legal profession may be compromised.
inform the person injured by the fraudulent
acts of his client or the injured party’s η An excuse that a lawyer is only
counsel. Canon 41 may collide with the following the client’s instruction cannot
lawyer’s duty to keep the client’s confidence justify a lawyer’s violation of the rules and
inviolate which may be the reason for the ethics of the legal profession.
revision.

η Rule: A lawyer may not volunteer the


information concerning the client’s CANON 20
commission of fraud to anybody, as it will ATTORNEY’S FEES
violate his obligation to maintain his client’s
secrets undisclosed.

 Canon 20. A lawyer shall charge


RULE 19.03 only fair and reasonable fees.
CONTROL PROCEEDINGS
Rule 20.01. A lawyer shall be guided by the
 Rule 19.03. A lawyer shall not allow following factors in determining his fees:
his client to dictate the procedure in handling the a. The time spent and the extent of the
case. services rendered or required;
b. The novelty and difficulty of the questions
 Rule 138, sec. 23. Authority of involved;
attorneys to bind clients.—Attorneys have c. The importance of the subject matter;
authority to bind their clients in any case by any d. The skill demanded;
agreement in relation thereto made in writing, e. The probability of losing other employment
and in taking appeals, and in all matters of as a result of acceptance of the professed
ordinary judicial procedure. But they cannot, case;
without special authority, compromise their
client's litigation, or receive anything in

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85
f. The customary charges for similar services  RA 5185, sec. 6 (An act granting
and the schedule of fees of the IBP Charter further autonomous powers to local
to which he belongs; governments) Prohibition Against Practice. - A
g. The amount involved in the controversy and member of the Provincial Board or City or
the benefits resulting to the client from the Municipal Council shall not appear as counsel
service; before any court in any civil case wherein the
h. The contingency or certainty of province, city or municipality, as the case may
compensation; be, is the adverse party: Provided, however,
i. The character of the employment, whether That no member of the Provincial Board shall so
occasional or established; and appear except in behalf of his province in any
j. The professional standing of the lawyer. civil case wherein any city in the province is the
adverse party whose voters are en-franchised to
Rule 20.02. A lawyer shall, in cases of vote for provincial officials, nor shall such
referral, with the consent of the client, be member of the Provincial Board or City or
entitled to a division of fees in proportion to the Municipal Council appear as counsel for the
work performed and responsibility assumed. accused in any criminal case wherein an officer
or employee of said province, city or municipality
Rule 20.03. A lawyer shall not, without the is accused of an offense committed in relation to
full knowledge and consent of the client, accept the latter's office, nor shall he collect any fee for
any fee, reward, costs, commission, interest, his appearance in any administrative proceedings
rebate or forwarding allowances or other before provincial, city or municipal agencies of
compensation whatsoever related to his the province, city or municipality, as the case
professional employment from any one other may be, of which he is an elected official.
than the client.
The provisions of this Section shall likewise apply
Rule 20.04. A lawyer shall avoid to provincial governors and city and municipal
controversies with clients concerning his mayors.
compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud.
NOTES
(Agpalo)
 Rule 138, sec. 24. Compensation of
attorneys.—An attorney shall be entitled to have
A. Right to Attorney’s Fees
and recover from his client no more than a
reasonable compensation for his services, with a
Generally
view to the importance of the subject matter of
the controversy, the extent of the services η That the practice of law is a profession and
rendered, and the professional standing of the not a money-making trade does not operate
attorney. No court shall be bound by the opinion to deny a lawyer the right to attorney’s fees
of attorneys as expert witnesses as to the proper for his professional services. He has the right
compensation, but may disregard such testimony to have and recover from his client a fair and
and base its conclusion on its own professional reasonable compensation for his services,
knowledge. A written contract for services shall except in cases where he has agreed to
control the amount to be paid therefor unless render service gratuitously or has been
found by the court to be unconscionable or appointed counsel de oficio.
unreasonable.
η Compensation of lawyer should be a mere
 Rule 138, sec. 32. Compensation for incident of the practice of law; the primary
attorneys de oficio.—Subject to availability of purpose should be public service. Being an
funds as may be provided by law the court may, officer of the court, what a lawyer may
in its discretion, order an attorney employed as collect as his fees is always subject to
counsel de oficio to be compensated in such sum judicial control.
as the court may fix in accordance with section
24 of this rule. Whenever such compensation is η Lawyers should avoid controversies
allowed, it shall not be less than P30 in any case, concerning compensation so far as shall be
nor more than the following amounts: compatible with self-respect and with right
1) P50 in light felonies; to receive a reasonable recompense for
2) P100 in less grave felonies; services. Resort to law suits with clients
3) P200 in grave felonies other than capital should only be done to prevent injustice,
offenses; imposition or fraud. The impression is that
4) P500 in capital offenses. those instituting suits are mercenaries.

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86
Right to protection for counsel fees be charged for the services rendered under
η Because the practice of law is not a business circumstances as reasonably to notify him
and attorney’s vital role in administration of that the lawyer performing the task is
justice there is the need to secure the lawyer expecting to be paid compensation.
his honorarium lawfully earned as a means
to preserve the decorum and respectability η Doctrine of quantum meruit is a device
of the legal profession. to prevent undue enrichment based on the
equitable postulate that it is unjust for a
η Duty of court not only to see that a lawyer person to retain benefit without paying for it.
acts in a proper and lawful manner but also
to see that a lawyer is paid his just fees. η Other times when doctrine applicable:
where amount stipulated in written
η With his capital consisting only of his brains agreement is found to be unconscionable or
and skill acquired at tremendous cost in where client dismissed counsel before
money, time and energy, he is entitled to termination of case or where the lawyer
protection of any judicial tribunal against any withdrew therefrom for valid reasons.
attempt on the part of his client to escape
payment of his just compensation. (ironic if, Who is liable for attorney’s fees
after putting the best in him to secure η General rule: only the client who engaged
justice for his client, he himself would not the services of counsel either personally or
get his due) through an authorized agent is liable for
attorney’s fees.
η GENERALLY: right of lawyer to reasonable
compensation for services requires the η Exceptions rest on equitable principle that a
following: person who accepts the benefits of the legal
1. that attorney-client relationship exists; representation impliedly agrees to pay the
and lawyer’s service for he may not unjustly
2. that he rendered services to the client. enrich himself at the expense of the lawyer.

Written agreement Liability of persons benefited by counsel’s


η A written agreement is not services
necessary to establish a client’s oblig to pay η General rule: a person who had no
attorney’s fees. As long as the lawyer is knowledge of, or objected to, the lawyer’s
honestly and in good faith trying to serve representation may not be held liable for
and represent the interest of his client, an attorney’s fees even though such
absence of express undertaking does not representation redounded to his benefit..
defeat recovery of fees. The objection should be raised before and
not after beneficial services shall have been
η Acts of recognition, rendered by the lawyer; otherwise, the party
acquiescence by a client in his attorney’s who benefited may be required to pay
conduct may take the place of a request to counsel fees. For it is neither just that client
act, provided that the case was such that the who retained lawyer should alone pay nor is
client might reasonably know that he would it fair that those who, investing nothing and
be expected to pay the service. assuming no risk, received benefits should
not contribute their proportionate share to
η Client’s obligation to pay counsel fees (based on equity).
attorney’s fees arises from the inanimate
contract of facis ut des (I do and you give) η That a person who employed lawyer as
which is based on the principle that no one counsel for a party has not been duly
shall unjustly enrich himself at the expense authorized to do so does not necessarily
of another. exempt latter from liability to pay attorney’s
fees. If legal representation redounded to his
Quantum meruit benefit, retention or acceptance of the
η When no price is stipulated for benefit cures defect of lack of authority on
lawyer’s service, courts will fix amount on part of agent to retain the lawyer on party’s
quantum meruit basis, or such amount which behalf and creates oblig to pay lawyer.
his service merit. Exception: employment of lawyer to
represent government entity by an official
η Requisite for principle: that there is an who has no authority in law. since the
acceptance of the benefits by one sought to benefits secured by the legal representation
cannot take the place of the law and will not

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87
create an obligation on the part of the Liability in trusteeship or guardianship
government entity to pay the private lawyer proceedings
for his services. η Same rule for trusteeship and
guardianship proceedings: trustee may be
Liability of assignee indemnified out of the trust estate for his
η Since assignee of all interests expenses in rendering and proving his
pendente lite usually steps into shoes of accounts and for the related counsel fees in
assignor and acquires all of latter’s rights the same way that property of the ward may
and obligations in the action, assignee may lawfully answer for counsel fees of the
be held liable for counsel fees from out of lawyer employed by guardian. Both are,
the proceeds of favorable judgment. This however, subject to court approval.
obligation gives the assignee the right to
intervene in fixing amount of fees which may Liability in estate proceedings
be a proper charge against the judgment η Executor or administrator who
rendered in the action. employs services of an attorney may not
hold estate directly liable for his fees. He
Liability in labor cases may, however, if services are beneficial to
η Lawyer who represented a union the estate, seek reimbursement from the
and its members and with whom he has a estate if he has already paid them or include
retained for payment of a fixed percentage them in his account with due notice to all
of amounts recovered from the company is parties interested.
entitled to be paid not only by union
members but by non-union members as well η Ultimately, estate will answer
who derived benefits from his services. But for the fees of lawyer whose services are
where benefits were given not because of beneficial to estate, and if the assets have
lawyer’s services but because of company been distributed, distributees or heirs will
policy, lawyer is not entitled to claim contribute their share to the counsel fees as
attorney’s fees. the obligs of the estate follow the assets
wherever they are except in hands of a
η Attorney’s fees in labor cases purchaser in good faith.
may not be more than what the law provides
and they may not be checked off from any η To hold the estate ultimately
amount due the employees without their liable for attorney’s fees requires that the
written consent. person to whom the services were rendered
was at the time the executor or
Liability in derivative suits administrator and the services were
η Where, in a derivative suit, the professional rendered to him in that capacity.
services of counsel who instituted the action
upon request of a stockholder are beneficial η Where administrator is himself
to the corporation, counsel fees may be counsel for the heirs, heirs must pay
properly charged against corporate funds. attorney’s fees.
But as any stockholder may file a derivative
suit on behalf of the corporation, any other η The person who retained the
stockholder may intervene and oppose the lawyer and not the estate is the one liable
grant of such fees as a charge against funds for AF arising out of a litigation in the
of the corporation. protection of a particular person or between
beneficiaries or an executor or administrator
Liability in receivership proceedings and an heir except with respect to those
η Assets under receivership may be liable for services which were rendered for the benefit
fees of lawyer employed by a receiver to of the estate prior to the controversy
help him in the discharge of his duties. provoked by the heir.

η But attorney’s fees of the counsel for a η Attorney’s fees of a lawyer


defendant in a receivership proceeding are employed by an executor to secure approval
personal obligs of defendant and may not be of a will may, if the lawyer is successful, be
paid out of the funds in the hands of the properly charged against estate. But the
receiver, unless services rendered by lawyer estate may not be liable for counsel fees for
have redounded to benefit of receivership or services rendered to annul a will at the
of plaintiff who asked for the appointment of request of the executor (executor liable).
the receiver. Rationale: executor’s duty is to enforce and
not invalidate the will (will – desire,

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[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
88
command of owner of the estate as to how office even though payment is made
the inheritance shall be distributed). thereafter.

η Lawyer who acted as counself η Executor or administrator is prohibited from


for administrator to secure invalidation of charging the estate under his administration
will may have his fees charged against the of his professional fees for services rendered
estate if its disapproval would mean bigger by him as a lawyer. Basis: One acting in a
share in the inheritance of the administrator fiduciary capacity must no place himself in
as an heir and other heirs similary situated. such a position as to make his interests
Benefit of legal representation to estate: antagonistic with those of his principal. This
difference between what they would receive principle, even in absence of an express
without a will and what they would have statutory prohibition, also restricts right to or
received under the will. limits amount of attorney’s fees which a
lawyer who occupies a fiduciary position may
Who are entitled to or to share in attorney’s fees otherwise collect from his principal for his
η Lawyer engaged by client is one entitled to services as an advocate.
have and recover no more than a reasonable
compensation for his services. If more than Right of counsel de oficio to fees
one lawyer employed, general rule: lawyers η Lawyer designated by court to render
who jointly represent a common client for a professional services, in the absence of law
give fee, in the absence of agreement as to allowing compensation, cannot charge
division of fees, share equally as they are government nor the indigent litigant for his
special partners for a special purpose. professional services. Appointment neither
violates constitutional restriction against
η Fees of lawyers separately employed by taking of property without just compensation
client will depend upon their respective fee or the due process of law nor imposes upon
arrangements with client. But if there is no the government the oblig to pay him his fees
such arrangement, or if they have rendered because one of the obligs of an attorney
services at one time or another, each of willingly assumed when he took his oath as
them will be entitled to no more than what lawyer is to render free legal services
his services actually performed are whenever required by the court to do so.
reasonably worth.
η Rules of Court: Court, in its discretion, may
η Right of lawyer to share in the professional grant (token) compensation subject to
fees rests on services performed or on his availability of funds: P30-P50 in light
being, based on an agreement, a partner of felonies; P100 in less grave felonies; P200 in
another or in a law firm. grave felonies other than capital offenses;
P500 in capital offenses. This is not
η Improper for an attorney to receive intended as a source of regular income
compensation for merely recommending
another lawyer to his client because such
practice would tend to germinate evils of Attorney’s conduct affecting his right to fees
commercialism and to destroy proper η Misconduct on part of lawyer may affect or
appreciation of professional responsibility. negate his right to recover from client a
reasonable compensation for services
Non-lawyer not entitled to fees already performed. (examples: negligence,
η Non-lawyer cannot recover attorney’s fees carelessness, misrepresentation,
even if there is a law authorizing him to unfaithfulness or abuse of client’s
represent a litigant in court because basis of confidence). Basis: good morals and public
reasonable compensation is the existence of policy
attorney-client relationship and the rendition
of services. η Adverse result of litigation does not in itself
deprive a lawyer of right to claim a
Restrictions on some lawyers to charge fees reasonable compensation unless it is due to
η Lawyer who is absolutely disqualified from lawyer’s misconduct or fee stipulated is
engaging in private practice of law by reason contingent upon favorable outcome of
of his government position may neither action. Honest mistake does not defeat right
practice law nor, should he do so illegally, to fees.
charge attorney’s fees for such services.
Exception: fees for services already Withdrawal of counsel from the case
performed before lawyer qualified for public

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
89
η Unceremonious withdrawal from or η No express written agreement as to fees:
abandonment of action which prejudices reasonable value of services til date of
client negates right to compensation for dismissal.
services rendered. It is a breach of implied
undertaking to prosecute or defend until Express agreement as to fees not reduced to
termination of litigation. writing: reasonable value of services til date
of dismissal. Except: where dismissal comes
η Lawyer who is forced to resign, with client’s after successful prosecution or defense: full
conformity or in accordance with prescribed amount
procedure, because of his own fault or
misconduct loses right to fees earned. η Contract in writing and fee stipulated is
absolute and reasonable: full amount.
η Withdrawal of counsel who has done work Fee stipulated in valid written contract
faithfully does not affect his right to fees. If contingent: reasonable value of services
with client’s written consent, it is presumed rendered. If contingency occurs or client
that they mutually agreed to terminate prevents its occurrence by dismissing,
services and to compensate lawyer for settling or waiving his cause: full amount
services until termination. Laywer should
refund part of retainer as has not been η Lawyer should question discharge to entitle
clearly earned. If without client’s written him to recover under the contract, otherwise
consent but for a justifiable cause made quantum meruit basis will be applied.
after due notice to client, lawyer may Discharge of lawyer for cause does not
recover reasonable worth of his services up necessarily deprive lawyer of right to be paid
to date of withdrawal unless fee is for his services. He may only be deprived if
contingent and contingency has not arisen. cause for dismissal constitutes in itself a
sufficient legal obstacle to recovery.
Representation of adverse interests
η Simultaneous representation of opposing Client’s dismissal of action
parties, in the absence of client’s consent to η Client may dismiss action even without
the dual representation made after full consent of lawyer but he cannot deprive
disclosure of the facts, negates right to fees lawyer of his attorney’s fees for services
from both. rendered, in the absence of a waiver.
In good faith and based on honest belief that
η Lawyer’s acceptance of employment from client has no valid cause: reasonable worth
new client against a former client in a matter of services, except: fee is contingent – no
related to former controversy precludes recovery
recovery of fees from the former client only
if the latter objected to representation. But In bad faith and intended to defraud lawyer
new client could not defeat right to fees in of compensation: full amount stipulated in
the absence of concealment and prejudice by valid written contract or, in its absence,
reason of lawyer’s previous relationship with reasonable value of services based on
adverse party. quantum meruit

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

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
90
6. Combinations of other stipulations
η Client has no right to compromise or waive
so much of acknowledged claim secured
through efforts of lawyer as would prejudice Concepts of Attorney’s Fees
stipulated fee, whether absolute or 1. Ordinary: an attorney’s fee is the reasonable
contingent, and adverse party has no right compensation paid to a lawyer for the legal
to accept such compromise or waiver services he has rendered to client. Basis is
unqualifiedly. employment by client
2. Extraordinary: an attorney’s fee is an
indemnity for damages ordered by court to
be paid by losing party to the prevailing
B. Contract for Attorney’s Fees party in litigation; payable not to lawyer but
to the client, unless otherwise agreed upon;
also known as attorney’s fee as damages
Forms of Contract for Legal Service

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

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
91
meruit ( if nullity not based on illegality of
object)
η In contrast to a
champertous contract, a contingent fee
contract is allowed by law. A champertous
Effects of Unconscionability of Amount
contract is one wherein the lawyer during
η The Court protects the litigation will shoulder all the expenses and
client by monitoring the amount paid to by the end of the case, if a favorable
lawyers. Such amount must always be decision is rendered, the lawyer will get all
reasonable to avoid abuse of clients by the rewards, including monetary and non-
lawyers. monetary claims.

η Reasonability of fee is Validity of Contingent Fee Contract


determined from the facts of each case. It is
considered as reasonable if it is within the η Validity depends on
capacity of client to pay, and is directly reasonableness of the amount fixed as
commensurate with the value of the legal contingent fee based on circumstances of
services rendered. the case. It is generally valid and binding
unless it is obtained by fraud, imposition or
suppression of facts, or the fee is so clearly
η In contrast, amount is
excessive as to amount to extortion.
considered as unconscionable if it is such
that no man in his right senses would offer
on one hand and no honest and fair man
Construction of Professional Contract
would accept on the other.
1. contract for attorney’s fees invalidated η General rule to be
followed is that to adopt such a construction
2. recovery of attorney’s fees based on
as would be more favorable to client even if
quantum meruit
it would work prejudice to lawyer.

Contingent Fee Contract η A lawyer who prepares


a contract of professional services is
η A contingent fee presumed to have seized up the entire
contract is an agreement in writing in which situation before entering into agreement.
the fee, usually a fixed percentage of what
may be recovered in action is made to
depend upon the success in the effort to η Words inserted by client
enforce or defend a supposed right. in his own handwriting are to be taken in his
favor, the insertion presumed to have been
made for his benefit.
η Lawyer gets paid only if
he wins the case for the client unless the
client prevents the successful prosecution or η It is interpreted in
defense of the action, in which case the accordance with its terms and in favor of
lawyer will be entitled to recover on greatest reciprocity of interest.
quantum meruit basis or to the full amount
as fixed in a valid written agreement.
 Research and Services Realty V. CA
(1997)
η A much higher F: After termination, Atty. Fonacier filed
compensation is allowed as contingent fees suit for Urgent Motion to Direct Payment of
in consideration of the risk that the lawyer Attorney’s Fees &/or Register Attorney’s
will get nothing if case fails. Contingent fee Charging Lien claiming that noncollection cases
of 30% of money judgment is still were included in the contingent fee arrangement
considered valid. specified in his retainer contract wherein there
was to be contingent compensation for any
η A lawyer usually award arising from any lawsuit handled by him.
advances expenses of litigation as more This was acted upon favorably by RTC ordering
often than not the client is not in a financial Research and Services Realty (RSR) to pay
capacity to pay. This contract is often the Fonacier P600K as attorney’s fees based on
only way that a poor litigant may have his quantum meruit. RSR appealed and contended
right enforced or protected by a lawyer. that Fonacier has no justification to claim

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
92
attorney’s fees as: he was not entitled to F: Atty Quirante filed motion for
attorney’s fees in retainer contract and he did confirmation of attorney’s fees in the trial court,
not exert effort to amicably settle specific case presenting alleged agreement between him and
nor was he even present during negotiation of Casasola about said fee while the main case is
the same. The SC held that Fonacier is entitled still pending. The case is being heard on appeal.
to claim attorney’s fees for noncollection cases The Court held that Atty. Quirante cannot have a
but that his attorney’s fee on a contingent basis confirmation of attorney’s fees.
is unwarranted.
H: Since the main case from which the
H: The absence of stipulation of additional petitioner's claims for their fees may arise has
attorney’s fees cannot be construed as a bar to not yet become final, the determination of the
the collection of additional attorney’s fees in non- propriety of said fees and the amount thereof
collection cases. Nothing therein shows that Atty. should be held in abeyance. This procedure gains
Fonacier agreed to render professional services added validity in the light of the rule that the
in such cases gratuitously. The civil case in remedy for recovering attorney's fees as an
question is not yet resolved and no judgment incident of the main action may be availed of
has yet been rendered in favor of RSR. If at all only when something is due to the client.
Fonacier may be entitled to attorney’s fees, it
would be on the basis if quantum meruit as of
the expiration of his retainer contract on 31  Tanhueco v. de Dumo (1989)
March 1993. F: De Dumo is Tanhueco’s counsel for
recovery of indebtedness from different debtors.
No document about their lawyer-client
 Metropolitan Bank and Trust Co. v relationship but Hilaria offered to give 15% of
CA (1990) what de Dumo may be able to collect from
F: Lawyers filed verified motion to enter in debtors. Contrary to this, Lawyer contends that
the records their charging lien. Attorney’s liens their agreement is to give him 50% of debt
were annotated on the certificate of land titles. collected. The Court held that the attorney’s
Consequently, the other party’s petition against fees charged by de Dumo were unacceptable.
sale of land was granted with prejudice and a H: The contingent fee here claimed was,
new certificate of title with his name was made under the facts obtaining in this case, grossly
wherein attorney’s liens were annotated. The excessive and unconscionable. Such a fee
Court held that the lawyers were not entitled to structure, when considered in conjunction with
the enforcement of charging lien for payment of the circumstances of this case, also shows that
its attorney's fees and also held that a separate an unfair advantage was taken of the client and
civil suit is not necessary for the enforcement of legal fraud and imposition perpetrated upon her.
such lien. It must be stressed that the mere fact that an
agreement had been reached between attorney
H: A charging lien, to be enforceable as and client fixing the amount of the attorney's
security for the payment of attorney's fees, fees, does not insulate such agreement from
requires as a condition sine qua non a judgment review and modification by the Court where the
for money and execution in pursuance of such fees clearly appear to be excessive or
judgment secured in the main action by the unreasonable. This Court has power to guard a
attorney in favor of his client. A lawyer may client, especially an aged and necessitous client,
enforce his right to fees by filing the necessary against such a contract.
petition as an incident in the main action in
which his services were rendered when Rule 138, § 32 Compensation for attorneys de
something is due his client in the action from oficio. Subject to availability of funds as may be
which the fee is to be paid. An enforceable provided by law the court may, in its discretion,
charging lien, duly recorded, is within the order an attorney employed as counsel de oficio
jurisdiction of the court trying the main case and to be compensated in such sum as the court may
this jurisdiction subsists until the lien is settled. fix in accordance with section 24 of this rule.
There is certainly no valid reason why the trial Whenever such compensation is allowed, it shall
court cannot pass upon a petition to determine not be less than thirty pesos (P30.00) in any
attorney's fees if the rule against multiplicity of case, nor more than the following amounts: (1)
suits is to be activated. Fifty pesos (P50.00) in light felonies; (2) One
hundred pesos (P100.00) in less grave felonies;
(3) Two hundred pesos (P200.00) in grave
felonies other than capital offenses; (4) Five
hundred pesos (P500.00) in capital offenses.
 Quirante v. IAC (1989)

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
93
(Agpalo)

 Albano v. Coloma (1967) Amount Fixed in a Valid Contract


F: Coloma was Albano’s counsel during the η A valid written contract is
Japanese occupation. According to Albano, conclusive as to amount of compensation.
Coloma failed to expedite hearing and Unless both parties set aside contract and
termination of case. Coloma denied that she did submit question of reasonableness of
nothing to expedite the hearing and termination amount of fees for court to resolve on
of such civil case as the records would show quantum meruit basis, neither client nor
otherwise. After Albanos won in the case, lawyer may disregard amount fixed.
Coloma intervened to collect attorney’s fee which
is computed at 33.3% of what the Albanos can
Rule 20.01 as guide only
recover. The Court held that Coloma may
η none of the factors is controlling but are
recover attorney’s fees.
guides only. Other factors:
a) actual purchasing power of
H: Counsel, any counsel, if worthy of his
Philippine peso
hire, is entitled to be fully recompensed for his
b) omission or fault of lawyer
services. With his capital consisting solely of his
c) loss of opportunity on part of
brains and with his skill, acquired at tremendous
lawyer for other employment
cost not only in money but in the expenditure of
d) financial capacity of client
time and energy, he is entitled to the protection
of any judicial tribunal against any attempt on
the part of a client to escape payment of his Amount based on Quantum Meruit
fees. It is indeed ironic if after putting forth the η Quantum Meruit means as much
best that is in him to secure justice for the party as a lawyer deserves. Its essential
he represents, he himself would not get his due. requisite is acceptance of the benefits by
Such an eventuality this Court is determined to one sought to be charged for services
avoid. rendered under circumstances as
reasonably to notify him that lawyer
expects compensation.
RULE 20.01
FEE GUIDE Instances when Court will fix Amount of
Attorney’s Fees based on Quantum Meruit

 Rule 20.01. A lawyer shall be


1. agreement is invalid for some reason
other than illegality of object of
guided by the following factors in determining his
performance
fees:
a. The time spent and the extent of the 2. amount stipulated is unconscionable
services rendered or required; 3. no agreement as to fees existed between
b. The novelty and difficulty of the questions parties
involved;
c. The importance of the subject matter;
4. client rejects amount fixed in contract as
unconscionable and is found to be so
d. The skill demanded;
e. The probability of losing other employment 5. lawyer, without fault, was unable to
as a result of acceptance of the professed conclude litigation
case;
f. The customary charges for similar services η Agpalo adds (1) the results secured and
and the schedule of fees of the IBP Charter (2) whether of not the fee is contingent, it
to which he belongs; being recognized as a rule that an
g. The amount involved in the controversy and attorney may properly charge a higher fee
the benefits resulting to the client from the when it is contingent that when it is
service; absolute.
h. The contingency or certainty of
compensation; η Even other consideration may be the
i. The character of the employment, whether actual purchasing power of the Philippine
occasional or established; and Peso, the omission of fault of the lawyer in
j. The professional standing of the lawyer. the discharge of his duties, the loss of
opportunity on the part of a lawyer for
other employment of the financial capacity
of the client.
NOTES

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
94
η Loss of Opportunity for other the prestige of a lawyer as a distinguished
employment may be due to (1) the member of the bar.
acceptance of a retainer or (2) that the
work may require tedious details and
considerable time. Value of interest involved
η The bigger the size or value of interest or
Nature of services property involved the higher the attorney’s
η Value of lawyer’s services determined in fees. Reason: the higher the stakes the
large measure by nature, quality and more case is hotly litigated and the greater
quantity of services. Competence judged by the efforts the lawyer exerts.
character of work.
η But: in a million peso litigation, percentage
η Hotly-litigated action requires more work fee contingent upon recovery becomes
and higher fee than a simple money claim. smaller as amount of recovery gets bigger
because amount of work required remains
η Lawyer’s services should be taken as a the same even though interest in
whole. controversy exceeds several million pesos.

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

Skill and standing of attorney Difficulty of issues involved


η Skill, experience and standing of lawyer bear η Novel or difficult issues require greater
a direct proportion to amount of attorney’s efforts on part of lawyer in terms of
fees. preparation, study and research to convince
court as to the soundness of client’s cause.
η Reputation for professional capacity and
fidelity to trust acquired through years of η In fixing lawyer’s fees, court looks at novelty
hard labor and devotion to duty, evidenced or difficulty of issue and the demands they
by quality of work and eminent standing in impose on lawyer’s part.
community.
Test case
η Argument made in a pleading or brief or η Where there are several identical actions or
orally in court acquires a different meaning possible disputes and one case is litigated as
and import according to persuasive ability of a test case, value in controversy of all
professional and personal prestige of lawyer. actions should bear its appropriate
proportion to the amount due as fees to
η Ability, skill and competence cannot be lawyer who prosecuted test case (totality of
measured by lawyer’s income or length of the amounts in all the actions dependent
practice. upon the result of test case).
η Lawyer’s competence and ability must be η A test case is usually litigated with energy
judged by character and quality of his work and diligence even if the actual amount is
and services not only in the field of law but insignificant because the resolution of the
in other fields of public and private other actions which involve large sums of
endeavors. Court may take judicial notice of money is made to depend on the favorable
outcome of the test case.

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 Rule 20.02. A lawyer shall, in cases
η Those who may be benefited by the result of of referral, with the consent of the client, be
the test case may be required to contribute a entitled to a division of fees in proportion to the
proportionate share to fees of lawyer who work performed and responsibility assumed.
prosecuted test case.

Rule 20.02 - A lawyer shall, in case of referral,


Results secured with the consent of the client, be entitled to a
η Winning client may be more than willing to division of fees in proportion to the work
pay for stipulated amount while losing client performed and responsibility assumed.
may hesitate. In fixing waht a lawyer is
reasonably entitled to, result of case is given NOTES
much weight. (Agpalo)
η That a lawyer, in spite of his efforts, failed to η Lawyers sometimes use the lawyer-referral
secure for his client what he desires, does system. It is an aid to selection of qualified
not, however, deprive him of the right to lawyers. This system helps individuals in
recover compensation for his services except locating lawyers competent to handle their
when fee agreed upon is contingent. particular problem. It enables laymen to
(Practice of law would cease to be dignified have informed selection of competent
and honorable if all professional fees lawyers who have experience in the subject
contingent fees.) matter involved in a particular case.
Whether fee is contingent η It is however stressed that it is improper for
η Contingent fee: lawyer entitled to higher a lawyer to receive compensation for merely
compensation than if fee were absolute. recommending another lawyer to his client
Reason: risks borned by lawyer as to for if such practice is permitted, it would
reimbursement of expenses advanced tend to germinate evils of commercialism
and to destroy proper appreciation of
Capacity of client to pay professional responsibility.
η Financial ability of client to pay may be
considered in determining amount of fees, η It is only when, in addition to referral, he
not to enhance what is reasonable but to performs legal service or assumes
ascertain whether client is able to pay a fair responsibility in case that he will be entitled
and just compensation. It may be looked to a fee.
into as an incident in determining
importance and gravity of interests involved.
 Urban Bank, Inc. v. Pena (2001)
η Poor, ignorant client may not be in a position F: Atty. Pena was issued a letter of
to appreciate what a reasonable fee is and authority which gave him the right to represent
may likely agree, because of his necessities, Urban Bank in any court action connected with
to anything his counsel proposes. While a eviction. But Pena, before doing so, made clear
wealthy client can deal with lawyer at arm’s that it is ISC which availed of his service. This
length. letter was later on altered. After eviction, Pena
filed collection suit versus Urban Bank. With this,
Statutory limitation as to fees Urban Bank filed case versus Pena, alleging that
η Legislature, in the exercise of its police they were not the one who availed of Pena’s
power, may by law precribe the limit of the legal services. The Court did not agree that Pena
amount of attorney’s fees which a lawyer should be disbarred on the ground of deceit,
may charge. A contract beyond the limit is malpractice and gross misconduct.
null and void, and the lawyer who collects in
excess of the limit may be criminally held H: Atty. Pena can hardly be faulted and
liable. accused of deceit, malpractice and gross
misconduct for invoking the aid of the court in
η Law should be interpreted strictly and not recovering recompense for legal services which
extended beyond what it expressly he claims he undertook for the bank and which
comprehends. the latter does not deny to have benefited from.

RULE 20.02
CLIENT’S CONSENT OF FEES FOR REFERRAL RULE 20.03

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96
CLIENT’S CONSENT OF ACCEPTANCE FEE
FROM THIRD PERSONS
 Corpus v. CA (2001)
 Rule 20.03. A lawyer shall not, F: Atty David and Corpuz were good
without the full knowledge and consent of the friends. In Corpuz’s civil case, David became his
client, accept any fee, reward, costs, counsel. Prior to rendering of final judgment,
commission, interest, rebate or forwarding Corpuz gave the lawyer a check which the latter
allowances or other compensation whatsoever returned. After favorable decision was rendered,
related to his professional employment from any Atty David demanded attorney’s fee which
one other than the client. Corpuz refused to deliver alleging that David’s
services were offered gratuitously. The Court
 Rule 138, sec. 20(e) . Duties of decided that Atty. David should be paid
attorneys.—It is the duty of an attorney: (e) … to attorney’s fee
accept no compensation in connection with his
client's business except from him or with his H: An attorney client relationship can be
knowledge and approval. created by implied agreement, as when the
attorney actually rendered legal services for a
NOTES person who is a close friend. The obligation of
(Agpalo) such a person to pay attorney’s fees is based on
the law of contracts’ concept of facio ut des (no
η The reason for the rule is to ensure one shall unjustly enrich himself at the expense
protection of lawyers in collection of fees. of others.) Absence of an express contract for
Moreover, it is designed to secure the attorney’s fees between respondent David and
lawyer’s wholehearted fidelity to the petitioner Corpus is no argument against the
client’s cause and to prevent that situation payment of attorney’s fees, considering their
in which the receipt by him of a rebate or close relationship which signifies mutual trust
commission from another in connection and confidence between them.
with the client’s cause may interfere with
the full discharge of his duty to the client. ETCETERA NOTES.
It must be noted that the amount received (Agpalo)
by lawyer from opposite party or third
persons in the service of his client belongs Remedies in estate proceedings
to the client except when the latter has η Lawyer should first administrator or executor
full knowledge and approval of lawyer’s to pay.
taking.
η If administrator or executor refuses, lawyer
may: File independent civil action against
RULE 20.04
administrator or executor in his personal
AVOID COMPENSATION CONTROVERSY
capacity. If latter is ordered to pay, he may
WITH CLIENT
in turn include the amount paid in his
account filed with probate court.
 Rule 20.04. A lawyer shall avoid
controversies with clients concerning his
File petition with probate court praying that
compensation and shall resort to judicial action
court, after due notice to all persons
only to prevent imposition, injustice or fraud.
interested, allow his claim and direct
administrator or executor to pay.
NOTES
(Agpalo)
η If administrator or executor dies before
lawyer’s fees could be paid, he may file
η Suits to collect fees should be claim against (1) estate of deceased
avoided and only when the circumstances administrator or executor or (2) a petition
imperatively require should a lawyer for allowance of his fees with probate court,
resort to lawsuit to enforce payment of but not against substitute or new
fees. This is but a logical consequence of administrator.
the legal profession not primarily being for
economic compensation. Lawyers should η When to enforce right to fees: before estate
avoid the appearance of fulfilling duty proceeding is definitely closed. General rule:
merely for the compensation. probate court loses jurisdiction to entertain
η Take note of Rule 138, Secs 24, and adjudicate fees after proceeding closes.
32 above

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97
Exceptions: (1) when petition for allowance η Persons entitled to or must pay atty’s fees
of fees filed before closure (2) distribution of have the right to be heard upon question of
assets made without prejudice to claim for their propriety or amount.
attorney’s fees
η Who may have right to intervene and be
η Allowance of counsel fees in estate heard: lawyer himself, client, client’s
proceedings rests on sound discretion of assignee of the interest in litigation,
probate court but it may be modified by stockholders in a derivative suit concerning
appellate court when fee allowed is atty’s fees sought to be charged against
inadequate or excessive. corporate funds, and administrator,
executor, heir and creditor in an estate
η Order fixing fees continue to be under proceedings.
control of probate court until proceeding is
closed and may increase or decrease η Burden of proof is upon lawyer to establish
depending on facts and circumstances even his allegations.
though fee has been fully or partially paid.
But an order of probate court which has η Trial court who awards smaller fee than that
been affirmed or modified by appellate court sought without allowing lawyer to adduce
can no longer be changed by probate court. evidence commits a reversible error
The latter cannot order immediate payment correctable by certiorari.
of fees after perfection of an appeal from
order allowing it. η Where there is written agreement for atty’s
fees, no other piece of evidence is necessary
η In case where probate court has lost to prove amount. Opinions of lawyers as
jurisdiction after final closure of estate expert witnesses are not binding upon court
proceeding, lawyer may file independent civil but may be taken into account along with
action against administrator in his personal professional knowledge and various factors
capacity and against distributees of the affecting compensation.
assets of the estate.
η Court cannot authorize payment until all
Court jurisdiction parties are given opportunity to be heard. In
η Court having jurisdiction to try main action the absence of evidence, court is presumed
in which lawyer rendered services also has to have granted award for counsel fees only
jurisdiction to pass upon the question of fees after it has heard all parties involved.
even though the total sum thereof is less
than the jurisdictional amount cognizable by η Court may not order immediate payment
the court and continues to have jurisdiction where question as to propriety or amount is
until the proceeds of the judgment shall pending resolution by appellate court.
have been delivered to the client.
Defenses
η If court has no jurisdiction or has lost it, η Usual defenses apply: res judicata, want of
court can have no power to award and fix jurisdiction, prescription of action, nullity of
attorney’s fees. Lawyer may, however, contract, negligence in discharge of lawyer’s
enforce claim in separate civil action subject duties, lack of atty-client relationship,
to same jurisdictional req as any other payment or unconscionableness of amount
ordinary civil suit. claimed.
η But if client not only fails to object to Application of client’s funds
exercise by court of jurisdiction to entertain η Lawyer who has in his possession funds of
an action for recovery of atty’s fees but also the client may not apply them to pay his
asks for some affirmative reliefs, he may be fees without client’s consent, express or
estopped, on appeal, to assail the propriety implied.
of action taken by trial court in fixing and
allowing counsel fees η If client refuses to give consent, lawyer
should secure court order for the allowance
Necessity of hearing of fees with notice to client to give client
η Petition for recovery of atty’s fees has to be opportunity to be heard. After securing
prosecuted and allegations established. award, he may lawfully apply client’s funds
in his possession for payment of his fees as
fixed by court.

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98
η New Civil Code provides 13 exceptions to the
Execution rule:
η Final award of atty’s fees may be enforced 1. When there is agreement
by execution. Award may be enforced Court may reduce if fee unreasonable or
against any property of client, including unconscionable.
proceeds from judgment secured for client in 2. When exemplary damages are
the main action. awarded
Exemplary damages awarded by way of
Attorney’s Fees as Damages example.
3. When defendant’s action or
Two concepts of attorney’s fees compared omission compelled plaintiff to litigate
η Indemnification: given by court to winning Act or omission of other party must be
litigant in the form of damages. It may be in gross bad faith.
decreed in favor of party, not his lawyer, in Both plaintiff (in his complaint) or
any of the instances authorized by law. defendant (in his counterclaim) entitled
to award.
η Compensation: atty’s fee paid by client to his 4. In criminal cases of malicious
counsel. prosecution
Show that (1) he was acquitted and (2)
η Liability of losing party for atty’s fees person who charged him knowingly
(indemnification) awarded to winning party made a false statement of facts or that
not bound by or dependent upon fee filing was prompted by sinister design to
arrangement of winning party with his vex him.
lawyer but court may take that fee 5. When action is clearly
arrangement into account as an element of unfounded
damages. Action or proceeding must be so
untenable as to amount to gross and
η Fee as item of damages belongs to client, evident bad faith depending on
not to his lawyer. But client and lawyer may circumstances of case; good faith a
agree that whatever may be awarded by defense.
court as atty’s fees will go directly to lawyer, 6. When defendant acted in gross
in which case, losing party shall pay directly and evident bad faith
to lawyer of prevailing party. Refusal to pay valid claim must be made
in gross and evident bad faith.
η Similarities: both require, as a prerequisite 7. In actions for support
to grant, the intervention of or rendition of Person obliged to give support is also
professional services by lawyer, both fees obliged to pay attorney’s fees as may be
subject to judicial control and modification, necessary to enable person entitled to
and rules governing determination of their such support to enforce his rights.
reasonable amount applicable to both. 8. In cases of recovery of wages
Covers household helpers, laborers and
Fee as damages not recoverable—general rule skilled workers
η General rule: atty’s fees as damanges not 9. In actions for indemnity under
recoverable because it is not the fact of workmen’s compensation and
winning that ipso facto justifies the award employee’s liability laws
but the attendance of any of the special 10. In a separate civil action arising
circumstances and, in case of public litigant, from a crime
the existence of the right to private counsel. Party entitled to recover damages
arising from a crime can only do so in a
η Public policy requires that no penalty be separate civil action or in a civil suit to
placed on the right to litigate, even if done enforce subsidiary civil liability.
erroneously. Otherwise, it will put a premium 11. When at least double costs are
on right to redress grievances and tempt a awarded
party and his counsel to swell the fees to Usually awarded in frivolous action or
undue proportion and discourage out-of- appeal—one which presents no
court settlement. justiciable question or is so readily
recognizable as devoid of merit on its
face.
Fees as damages recoverable—exception to the 12. When the court deems it just
rule and equitable

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99
There should be factual, legal or
equitable justification which appears on
record. CANON 21
13. When a special law so PRESERVE CLIENT’S CONFIDENCE
authorizes
Purpose: to lessen unnecessary litigation
 Canon 21. A lawyer shall preserve
Right to private counsel a precondition the confidence and secrets of his client even
η Two reqs to recover atty’s fees as an item of after the attorney-client relationship is
damages: (1) case falls under any of the terminated.
exceptions and (2) he must have employed Rule 21.01. A lawyer shall not reveal the
and, in the case of public litigant, must show confidence or secrets of his client except:
his right to employ a private counsel. a. When authorized by the client after
acquainting him of the consequences of the
Award of attorney’s fees discretionary disclosure;
η Exercise of discretion by court on awarding b. When required by law;
of atty’s fees as damages must be based on c. When necessary to collect his fees
facts appearing on the text of decision. or to defend himself, his employees or
Decision’s body, not just the disposition, associates or by judicial action.
must state reason for award, unless text
shows case comes within one of the Rule 21.02. A lawyer shall not, to the
exceptions. disadvantage of his client, use information
acquired in the course of employment, nor shall
η In the absence of showing that trial court he use the same to his advantage or that of a
abused discretion, grant or denial of atty’s third person, unless the client with full
fees may not be disturbed on appeal. knowledge of the circumstances consents
Appellate court may, in the exercise of its thereto.
discretion, award atty’s fees or increase or
reduce amount whenever law and Rule 21.03. A lawyer shall not, without the
circumstances warrant. written consent of his client, give information
from his files to an outside agency seeking such
Pleading and practice information for auditing, statistical, bookkeeping,
η Trial and appellate court will not grant atty’s accounting, data processing, or any similar
fees if claim of atty’s fees in the concept of purpose.
damages and the grounds relied upon are
not pleaded. Rule 21.04. A lawyer may disclose the
affairs of a client of the firm to partners or
η But with claim for atty’s fees having been set associates thereof unless prohibited by the
up, appellate court may grant such fees client.
even if party did not appeal from lower
court’s decision denying such award. Rule 21.05. A lawyer shall adopt such
measures as may be required to prevent those
η Claim for atty’s fees must not only be whose services are utilized by him, from
alleged, factual basis and amount must also disclosing or using confidences or secrets of the
be proved. That grant is discretionary does client.
not dispense with need for proof even if
party against whom it is asserted does not Rule 21.06. A lawyer shall avoid indiscreet
deny claim. Exception: when what is sought conversation about a client’s affairs even with
is in the nature of liquidated damages fixed members of his family.
in a valid written agreement.
Rule 21.07. A lawyer shall not reveal that he
η Amount must be proved and specificall has been consulted about a particular case
prayed for, not just in “such other relief and except to avoid possible conflict of interests.
remedy as the court court may deem just
and equitable.”  Rule 138, 20(e). Duties of attorneys.—
It is the duty of an attorney: (e) To maintain
η Since award of atty’s fees is the exception, inviolate the confidence, and at every peril to
not the rule, trial court should make findings himself, to preserve the secrets of his client, and
of fact and law to bring case within the to accept no compensation in connection with his
exception and justify the award.

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100
client's business except from him or with his η This canon also applies to prospective
knowledge and approval; clients. Formerly, in order that a
communication shall be privileged, the
 Rule 130, sec. 21(b). Privileged attorney-client relationship should exist at
communication. —An attorney cannot, without the time of communication. But at present,
the consent of his client, be examined as to any communication made by prospective client is
communication made by the client to him, or his covered for as long as it is made to the
advice given thereon in the course of lawyer in his professional capacity.
professional employment; nor can an attorney's
secretary, stenographer, or clerk be examined, η Exists where legal advice is sought in a
without the consent of the client and his lawyer’s professional capacity with respect to
employer, concerning any fact the knowledge of communications relating to that purpose.
which has been acquired in such capacity. This is called :evidentiary privilege.”

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.

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η Question of privilege determined by court. The SC held that Silapan had violated
The burden of proof: party who asserts confidentiality of lawyer-client relationship
privilege relationship.

η Applies to attorneys, no attorney-client Held: “Canon 17 of the Code of Professional


relation when person is not a lawyer, unless Responsibility provides that a lawyer owes
pretending to be a lawyer fidelity to the cause of his client and shall be
mindful of the trust and confidence reposed on
η Not privileged if advice is not within lawyer’s him. The rule is that an attorney is not permitted
professional capacity to disclose communications made to him in his
professional character by a client, unless the
Persons Entitled to claim Privilege latter consents. This obligation to preserve the
η The privilege is intended primarily to protect confidences and secrets of a client arises at the
client and incidentally in consideration for inception of their relationship. The protection
oath and honor of attorney. Hence, the work given to the client is perpetual and does not
product of the lawyer, including his effort cease with the termination of the litigation nor is
and researches, contained in his files is it affected by the party’s ceasing to employ the
confidential even after his death. Contents of attorney and retaining another, or by any other
lawyer’s files may not be disclosed without a change of relation between them. It even
client’s consent. survives the death of the client.

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

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[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
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102
employed the attorney professionally on any c. When necessary to collect his fees or to
previous occasion. If a person, in respect to his defend himself, his employees or associates
business affairs or troubles of any kind, consults or by judicial action.
with his attorney in his professional capacity with
the view to obtaining professional advice or NOTES
assistance, and the attorney voluntarily permits (Agpalo)
or acquiesces in such consultation, then the
professional employment must be regarded as η A lawyer becomes familiar with all the
established. Information so received is sacred to facts connected with his client’s case. Such
the employment to which it pertains, and to knowledge must be considered sacred and
permit to be used in the interest of another, or, must be guarded with care to ensure the
worse still, in the interest of the adverse party, confidence of the client is not abused. Only
is to strike at the element of confidence which when client consents will a lawyer be allowed
lies at the basis of, and affords the essential to make use of said information. Use of said
security in, the relation of attorney and client. information, whether privileged or not, is
prohibited if it is to the:
“Communications between atty. and client are, in a) disadvantage of the client;
a great number of litigations, a complicated b) lawyer’s advantage;
affair, consisting of entangled relevant and c) advantage of third persons.
irrelevant, secret and well known facts. In the
complexity of what is said in the course of the η A lawyer may not disclose any
dealings between an atty. and a client, inquiry of information concerning the client’s case,
the nature suggested would lead to the which he acquired from the client in
revelation, in advance of the trial, of other confidence, other than what may be
matters that might only further prejudice the necessary to prosecute or defend his
complainant's cause. Litigants would then be client’s cause.
wary in going to an atty. Abstinence from
seeking legal advice in a good cause is by
hypothesis an evil which is fatal to the
η In fact, loyalty to the court may
not override this privilege as said loyalty
administration of justice.
involves steadfast maintenance of
principles which the courts themselves
“Rationale behind this prohibition: not only to
have evolved for the effective
prevent the dishonest practitioner from
administration of justice; one of these
fraudulent conduct, but alsol to protect the
principles is that of preservation of client’s
honest lawyer from unfounded suspicion of
confidence communicated to lawyer in his
unprofessional practice. It is founded on
professional capacity. Breach of this
principles of public policy, on good taste. The
fidelity is sufficient to warrant disciplinary
question is not necessarily one of the rights of
sanction against the lawyer.
the parties, but as to whether the attorney has
adhered to proper professional standard.
η If a lawyer manages to acquire info
“Wihout impugning Atty. Francisco’s good faith, regarding the opposing party’s cause, he
SC cannot allow taking cause of adversary of the must withdraw
party who had sought and obtained legal advice
from his firm not necessarily to prevent any η If obtained by 3rd person 
injustice to the plaintiff but to keep above counsel must not call (question of
reproach the honor and integrity of the courts impropriety)
and of the bar.”
η Client may not make communications to
opposing counsel to silence him (such
RULE 21.01 communication is not privileged)
WHEN REVELATIONS OF CONFIDENCE AND
SECRETS ALLOWED η If corporate client, secret of 1 corporate
officer may be disclosed to directors but
 Rule 21.01. A lawyer shall not not to others
reveal the confidence or secrets of his client
except: η Involves a balancing of loyalties (eg
a. When authorized by the client after client committed perjury, should lawyer
acquainting him of the consequences of the disclose?)
disclosure;
b. When required by law;

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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103
Exceptions to the General Rule
η There are however instances RULE 21.03
when lawyer may disclose client’s secrets. PROHIBITION TO GIVING OF
These exceptions to the general rule are INFORMATION TO OUTSIDE AGENCY
found in Rule 21.01.
 Rule 21.03. A lawyer shall not,
without the written consent of his client, give
η A lawyer may disclose
information from his files to an outside agency
commission of contemplated crimes or
seeking such information for auditing, statistical,
perpetuation of fraud considering that
bookkeeping, accounting, data processing, or
professional relationship should only be
any similar purpose.
for lawful purposes. A person who is
committing a crime or is about to commit
NOTES
a crime can have no privileged witness.
(Agpalo)
For the application of the privilege to
attach, the period to be considered is the
η The reason for the rule is that the work
date when the privileged communication
and product of a lawyer, such as his effort,
was made by the client to the attorney in
research, and thought, and the records of his
relation to either a crime committed in the
client, contained in his files are privileged
past or with respect to a crime intended to
matters.
be committed in the future.
η Neither the lawyer nor, after his death,
his heir, or legal representative may properly
η A waiver of the privilege must disclose the contents of such file cabinet
be made in entirety. A client may waive without client’s consent
protection of privilege through lawyer
except where the controversy involves the
attorney’s relation with his client. In such RULE 21.04 AND 21.05
case, only the client may waive privilege. PROTECTION FROM DISCLOSURE

 Rule 21.04. A lawyer may disclose


η However, in case client files
the affairs of a client of the firm to partners or
complaint against his lawyer or
associates thereof unless prohibited by the
unreasonably refuses to pay his fees,
client.
client waives privilege in favor of lawyer
who may disclose so much of client’s
 Rule 21.05. A lawyer shall adopt
confidences as may be necessary to
such measures as may be required to prevent
protect himself or to collect fees. It must
those whose services are utilized by him, from
be noted that a client may not be
disclosing or using confidences or secrets of the
permitted to take advantage of the
client.
attorney-client relation to defeat the just
claim of his lawyer.
NOTES
(Agpalo)
η Consent given by client to
lawyer’s secretary (staff/employees) will η Professional employment of a law firm is
not give him/her the right to reveal equivalent to retainer of the members
confidences. Lawyer’s consent is thereof even though only one partner is
necessary. consulted. When one partner tells another
about the details of the case, it is not
considered as disclosure to third persons
RULE 21.02 because members of a law firm are
WHEN USE OF INFORMATION RECEIVED IN considered as one entity.
COURSE OF EMPLOYMENT IS ALLOWED
η The client’s secrets which clerical aids of
 Rule 21.02. A lawyer shall not, to lawyers learn of in the performance of their
the disadvantage of his client, use information services are covered by privileged
acquired in the course of employment, nor shall communication. It is the duty of lawyer to
he use the same to his advantage or that of a ensure that this is being followed. The
third person, unless the client with full prohibition against a lawyer from divulging
knowledge of the circumstances consents the confidences and secrets of his clients will
thereto. become futile exercise if his clerical aids are
given liberty to do what is prohibited of the

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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104
lawyer. (EX. Signing of confidentiality thereafter actually engage the lawyer. By
contract) the consultation, the lawyer already learned
of the secrets of prospective client. It is not
fair if he will not be bound by the rule on
RULE 21.06 privileged communication in respect of
PROHIBITION OF INDISCREET matters disclosed to him by a prospective
COVERSATION client. This rule, of course, is subject to
exception of representation of conflicting
 Rule 21.06. A lawyer shall avoid interests.
indiscreet conversation about a client’s affairs
even with members of his family.
CANON 22
NOTES WITHDRAWAL OF SERVICES
(Agpalo) FOR GOOD CAUSE

η A lawyer must not only preserve the


confidences and secrets of his clients in his  Canon 22. A lawyer may withdraw
law office but also outside including his his services only for good cause and upon notice
home. He should avoid committing appropriate in the circumstances.
calculated indiscretion, that is, accidental Rule 22.01. A lawyer may withdraw his
revelation of secrets obtained in his services in any of the following case:
professional employment. Reckless or
imprudent disclosure of the affairs of his
a) When the client pursues an illegal or
clients may jeopardize them. Not every immoral course of conduct in connection
member of the lawyer’s family has the with the matter he is handling;
proper orientation and training for keeping b) When the client insists that the lawyer
client’s confidences and secrets. pursue conduct violative of these canons and
rules;
c) When his inability to work with co-counsel
RULE 21.07 will not promote the best interest of the
NOT TO REVEAL THAT LAWYER WAS client;
CONSULTED
d) When the mental or physical condition of the
 Rule 21.07. A lawyer shall not lawyer renders it difficult for him to carry out
reveal that he has been consulted about a the employment effectively;
particular case except to avoid possible conflict e) When the client deliberately fails to pay the
of interests. fees for the services or fails to comply with
the retainer agreement;
 Rule 15.01. A lawyer, in conferring f) When the lawyer is elected or appointed to
with a prospective client, shall ascertain as soon public office; and
as practicable whether the matter would involve
a conflict with another client or his own interest,
g) Other similar cases.
and if so, shall forthwith inform the prospective
Rule 22.02. A lawyer who withdraws or is
client.
discharged shall, subject to a retainer lien,
immediately turn over all papers and property to
 Rule 14.03. A lawyer may refuse to
which the client is entitled, and shall cooperate
accept representation of an indigent client if:
with his successor in the orderly transfer of the
a) he is not in a position to carry out the
matter, including all information necessary for
work effectively or competently;
the proper handling of the matter.
b) he labors under a conflict of interests
between him and the prospective client
NOTES
or between a present client and the
(Agpalo)
prospective client.
Causes of Termination of Attorney-Client
NOTES
Relation
(Agpalo)
1. Withdrawal of the lawyer under Rule 22.01
η This rule clarifies that privilege 2. Death of the lawyer
communication applies even to prospective 3. Death of cient
clients. Moreover, the prohibition applies
even if the prospective client did not 4. Discharge or dismissal of the lawyer by the

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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105
client
5. Appointment or election of a lawyer to a Who may Terminate Attorney-Client Relation
government position which prohibits private 1. Client
practice of law Client has absolute right to discharge his
6. Full termination of the case attorney with or without just cause or even
7. Disbarment or suspension of the lawyer from against lawyer’s consent. Existence or non-
the practice of law existence of a just cause is important only in
determining right of an attorney to
8. Intervening incapacity or incompetence of
compensation for services rendered.
the client during pendency of case Discharge of an attorney or his substitution
9. Declaration of presumptive death of lawyer by another without justifiable cause will not
10. Conviction of a crime and imprisonment of operate to extinguish the lawyer’s right to full
lawyer payment of compensation as agreed upon in
writing.

Note: Except for items 2 and 6, the lawyer has


2. Attorney
duty to notify the court in case of termination of 3. Court
attorney-client relationship. 4. Circumstances beyond control of
parties
Death or Incapacity of the Client
η Upon the death of the client, the Limitations on client’s right
attorney-client relation terminates as the η Lawyer has right to full payment of
relationship is personal. This relation also compensation agreed in writing if dismissal
concludes upon incapacity of a client or substitution is without justifiable cause.
during pendency of the litigation, the
reason being that the client loses legal η Lawyer may, in the discretion of court,
capacity to contract. intervene in the case to protect his right to
fees.
η The death of the administrator
or executor of estate does not terminate η Right to discharge counsel not allowed if
the relation as the true client in such a intended to extend time to file pleading or to
situation is the estate and not the estate’s indefinitely avoid trial.
legal representative.
η If client has transferred whole of his
interests in the litigation pendente lite and
η Lawyer should inform court promptly
case is continued by him without the
about death, incapacity or incompetency
transferee being substituted in his place, he
of client and to give name and residence
may not, without consent of transferee,
of his executor, administrator, guardian or
dismiss his attorney.
other legal rep.
η If lawyer acquired from client interest in the
η “party” refers to natural and not juridical
subject matter of litigation before he became
persons. Ex. death of a partner does not
involved, he can in his own right and
terminate atty-client relationship but legal
independently of the client’s right intervene
dissolution of corporate client or its
as party litigant to protect his interests. If
insolvency and the appointment of a
attorney acquired such interest from client
receiver may bring about that result
during pendency of litigation, transaction is
not only null and void (contrary to law) but
Death of Attorney may subject lawyer to disciplinary action for
η A contract for legal services acquiring that interest.
being personal, it terminates upon death
of the lawyer. However, if the lawyer is a Necessity of notice of discharge
member of a law firm, which firm appears η No need for formal notice of discharge as
as counsel for the client, the death of the between client and attorney as any act
attending lawyer will not terminate the indicating an unmistakable purpose to
relation. The firm will continue to appear terminate relation is sufficient.
as counsel for client unless there has been
agreement that services were to be η Not implied revocation of authority: if
rendered only by the said attorney. another attorney appears without stating
that services of prior counsel has been

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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106
dispensed with by client or in pleading by nullify sale of a land. This motion was granted.
new counsel, client condemned conduct of Obando now alleges that trial court should not
original counsel have acted on the motion filed by Atty. Yuseco
because he no longer represented Eduardo, et al.
η Notice necessary and a copy must be served The Court held that the trial court could act on
as to court and adverse party. the motion filed by Atty. Yuseco.

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.

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
107
η Other similar instances include: conflict of
interests; when lawyer finds it impracticable
RULE 22.01 or difficult to perform duties due to client’s
GOOD CAUSES FOR actions; ethical proscription against lawyer
WITHDRAWAL OF SERVICES acting as witness and advocate at the same
time.

 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

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108
* in case written consent of attorney cannot be
secured, proof of service of notice of application H: A lawyer shall withdraw his services only
upon attorney to be substituted. for good cause and upon notice appropriate in
** in case of death of original attorney, the circumstances; a lawyer shall avoid
additional requirement of verified proof of death controversies with clients concerning his
necessary compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud.
η usually initiated by substituting counsel Atty. Dealca’s withdrawal was unjustified as
hence the need to obtain conformity of complaint did not deliberately fail to pay him the
original lawyer or at least notice to original attorney’s fees. In fact, complainant exerted
lawyer of substitution honest efforts to fulfill his obligation.
Respondent’s contemptuous conduct does not
η consent of original lawyer or notice speak well of a member of the bar considering
requirement is designed to afford the lawyer that the amount owing to him was only
the opportunity to protect his right to P3,500.00.
attorney’s fees. If he gives consent, it is
presumed he has settled that question. If
not, he can ask in same action that his  Domingo v. Aquino (1971)
chance to have his right to attorney’s fees be F: Atty. Unson, the estate’s counsel, denied
preserved and protected. having received notice and copy of CFI judgment
rendering a favorable decision to Aquino’s money
Effects of Defective Substitution claim. The estate’s new administrator wants to
file motion for reconsideration and prays that
η A defective substitution is one
copy of CFI decision be given to her counsel and
which lacks any of the requisites for a
not to Atty. Unson, former special
valid substitution.
administrator’s counsel. The court held that
Atty. Unson was the estate’s counsel and that
η It does not effect a change of notice of judgment had been duly served.
counsel; nor constitute an appearance of
new lawyer, both of whom shall be H: Party in the subject case was the
deemed counsel of record; pleadings filed intestate estate of the deceased Luis C.
by the new lawyer deemed effective. Domingo, Sr. and that Atty. Unson represented
the estate as counsel in the said case. The fact
Employment of additional counsel that Luis Domingo Jr was administrator when
η Client has right to as many lawyers as he legal services of Unson was availed of does not
can afford. Client’s proffer of assistance of make Unson the counsel for Luis Domingo Jr.
additional counsel should not be regarded as Thus, notwithstanding Luis’ removal as
evidence of want of confidence. administrator, Atty. Unson continued to
represent the estate as counsel in the appellate
η Professional courtesy requires that a lawyer court. He continued to be authorized to
retained as collaborating counsel should at represent the estate as its counsel, until the new
least communicate with counsel of record administrator should terminate his services
before entering his appearance and should which she never did. The court was never
decline association if objectionable to original informed of change in counsel or party-
counsel. administrator.

η But if first lawyer is relieved by client,


another lawyer may come into the case. RULE 22.02
DUTIES OF A LAWYER WHO WITHDRAWS

 Rule 22.02. A lawyer who withdraws


 Montano v. IBP (2001)
or is discharged shall, subject to a retainer lien,
F: Atty. Dealca and Montano agreed that
immediately turn over all papers and property to
50% attorney’s fees shall be paid upon case
which the client is entitled, and shall cooperate
acceptance and the other half upon its
with his successor in the orderly transfer of the
termination. Despite agreement, Atty. Dealca
matter, including all information necessary for
asked for payment of balance during the course
the proper handling of the matter.
of case. Upon failure to give balance of P3,500,
Dealca withdrew appearance as counsel. The
 Rule 16.03. A lawyer shall deliver
Court found that Dealca had not withdrawn for
the funds and property to his client when due or
good cause.
upon demand. However, he shall have a lien

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[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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109
over the funds and may apply so much thereof gets possession of the for attorney’s fees had
as may be necessary to satisfy his lawful fees funds, papers, been entered into the
and disbursements, giving notice promptly documents, property records of the case
thereafter to his client. He shall also have a lien Notice
to the same extent on all judgments and Client need not be Client and adverse
executions he has secured for his client as notified to make it party need to notified
provided for in the Rules of Court. effective to make it effective
Applicability
NOTES May be exercised Generally, it is
(Agpalo) before judgment or exercisable only when
execution, or the attorney had
Duties of a Discharged Lawyer or One who irregardless thereof already secured a
Withdraws favorable judgment for
1. Immediately turn over all papers and his client
property to which the client is entitled and * Sourced from Pineda’s Annotations.
cooperate with successor in the orderly
transfer of the matter, including all Retaining Lien
information necessary for the proper handling
of the matter. η A retaining lien is the right of an attorney to
2. cooperate with the succeeding lawyer in retain the funds, documents and papers of
orderly transfer of case his client which have lawfully come into his
possession until his lawful fees and
Lawyer’s withdrawal or discharge shall be disbursements have been paid and to apply
without prejudice to his attorney’s lien such funds to the satisfaction thereof.
η Purpose of Rule 22.02 (lawyer entitled to
retaining lien) and Rule 16.03 (lawyer η It is a general lien for the balance of the
entitled to retaining and charging lien) is to account due to the attorney from client for
insure payment of lawyer’s professional fees services rendered in all matters he may have
and the reimbursement of his lawful handled for the client, regardless of
disbursements in keeping with his dignity as outcome.
an officer of the court.
η It is dependent upon and takes effect from
Kinds of Liens time of lawful possession and does not
1. Retaining Lien (general lien) require notice thereof upon client and the
2. Charging Lien (special lien) adverse party to be effective.

η Passive right and cannot be actively


enforced; amounts to a mere right to retain
funds, documents and papers as against the
client until the attorney is fully paid his fees.
However, lawyer may apply so much of
Retaining Lien Charging Lien client’s funds in his possession to satisfy his
Nature lawful fees and disbursements, giving notice
Passive lien. It cannot Active lien. It can be promptly thereafter to his client.
be actively enforced. It enforced by execution.
is a general lien. It is a special lien. η Reason and essence of lien: inconvenience
Basis or disadvantage caused to the client because
Lawful possession of Securing of a favorable of exercise of such lien may induce client to
funds, papers, money judgment for pay the lawyer his fees and disbursements.
documents, property client
belonging to client Requisites for validity (of retaining lien)
Coverage 1. attorney-client relationship
Covers only funds, Covers all judgments 2. lawful possession by lawyer of the client’s
papers, documents, for the payment of funds, documents and papers in his
and property in the money and executions professional capacity
lawful possession of issued in pursuance of 3. unsatisfied claim for attorney’s fees or
the attorney by reason such judgment disbursements
of his professional
employment Presence of all requirements makes counsel’s
Effectivity right to retain funds and muniments of title of
As soon as the lawyer As soon as the claim the client in his possession until payment of his

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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110
fees incontestable. Attorney cannot be compelled
to surrender them without proof of payment or, η Exception: court may require surrender of
in appropriate cases, without requiring that client such funds, documents and papers but only
put up an adequate security for their after client posts adequate bond or security
satisfaction. to guarantee payment of lawyer’s fees.
Otherwise: grave abuse of discretion or
Property to which lien attaches authority because it is court’s duty to
η All property, papers, books, documents or protect, not destroy, attorney’s lien
securities of the client that lawfully come to
the lawyer professionally or in the course of Extinguishment of retaining lien
his professional employment, not necessarily η Retaining lien expires when possession
in connection with a particular case but any lawfully ends, as when the lawyer voluntarily
case or matter handled for the client parts with funds, documents or papers of
client or offers them in evidence in court.
η Client’s money which comes into his
possession by way of a writ of execution η If such were improperly or illegally taken
ordered by the court or funds collected by from custody of attorney, his lien is not lost
the attorney for his client in the course of his unless by his act or omission he waives his
employment, whether or not upon a right. Mandamus will lie to restore
judgment or award. possession.

η Element constitutive of retaining lien: that Satisfaction of lien


funds, documents and papers of client come η If client does not dispute claim and amount
into lawyer’s possession in his professional for atty’s fees: lawyer need not file action to
capacity (as a lawyer) enforce retaining lien; he may lawfully apply
client’s funds in satisfaction of his claim for
η Does not attach to: funds, documents and atty’s fees; he only needs to send client
papers which come into lawyer’s possession accounting and remitting the balance, if any,
in some other capacity; funds, documents to the client.
and papers of client’s principal; subject
matter of the action which court adjudged in η If client questions right and amount to atty’s
favor of client’s adversary; documents fees: lawyer should file necessary action or
introduced as exhibits in court motion to fix the amount of fees and can
apply client’s fund to pay his fees only after
When lien attaches final adjudication of such action. Otherwise,
η Retaining lien attaches from the moment the he may be liable for misappropriation of
attorney lawfully obtains and retains funds.
possession of the funds, documents and
papers of the client and does not depend on
notice being entered in the record of the Charging Lien
case and copy served on adverse party.
η A charging lien is a right which the attorney
η That client transfers property evidenced or has upon all judgments for the payment of
covered by the document or title in the money and executions issued in pursuance
lawful possession of the client’s attorney thereof, secured in favor of his client. Covers
does not defeat the retaining lien. Lawyer’s only services rendered by attorney in the
position is similar to that of creditor who action in which the judgment was obtained
holds lien over the property and the client- and takes effect only after a statement of
debtor must discharge the lien before he can claim has been entered upon record of the
dispose of the property to third persons. particular action with written notice to his
client and adverse party.
η Retaining lien not affected by existence of
dispute as to the amount of attorney’s fees. η A charging lien is a special lien in a particular
case and presupposes favorable judgment
Bond for return of documents secured for the client in that particular case.
η General rule: attorney retaining lien Gives attorney who secured or contributed
unconstestable once it has lawfully attached some effort to secure favorable judgment
to funds, documents and papers of the same right and power as his client over such
client, hence, court may not compel lawyer judgments and executions to enforce lien
to surrender such without prior proof of and secure payment of fees and
satisfaction of fees disbursements.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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111
which takes place only after a judgment is
Nature and essence of charging lien secured in favor of client.
η A charging lien is an abstract but potential
right made active and operative by recording η A copy of the statement of claim is served
a statement of claim in the case and serving upon client to give him the opportunity to
notice thereof upon the client and the object to the lien or to the amount of
adverse party. It gives lawyer same right attorney’s fees claimed by lawyer. In case of
and power as client over such judgment and dispute, the court shall hear the parties and
is based on equity. determine the lawyer’s right to the charging
lien and the amount. A copy is also served to
η It does not depend upon possession of the adverse party so that the charging lien
judgment recovered nor is it of a nature shall bind him.
which attaches to the property in litigation.
It is at most a personal claim enforceable by η Notice of lien on all parties interested
a writ of execution. confers upon the court jurisdiction to
determine lien.
η It is limited only to money judgments and
presupposes that attorney secured favorable η Purpose of notice to adverse party: to bind
money judgment for his client. adverse party/judgment debtor since the
latter is a stranger to the contract for
η [drama] It is a device invented by law for professional fees between judgment creditor
the protection of attorneys against the and his lawyer. Adverse party who should
knaveries of their clients by disabling them be notified of the claim for atty’s fees is one
from receiving the fruits of recoveries whose interest is adverse to the claim
without paying for the valuable services by presented or the judgment debtor against
which the recoveries were obtained. whom the client secures a favorable
judgment. Adverse party cannot raise lack
Requisites for validity of charging lien of or defective notice to client as a defense;
1. attorney-client relationship neither can he contest the validity of the
2. attorney has rendered services lien.
3. money judgment favorable to the client has
been secured in the action To what charging lien attaches
4. attorney has a claim for attorney’s fees or η Charging lien attaches to the judgment for
advances the payment of money and the executions
5. statement of his claim has been duly issued in pursuance of such judgment (i.e.
recorded in the case with notice thereof money judgments).
served upon the client and adverse party
η Lawyer asserting claim need not be the one η The lien does not comprise sums of money
that concluded the action; it is enough that which according to the same judgment, must
he has rendered some services at any stage be applied to satisfy a legitimate debt of the
of the proceeding. client. A lawyer cannot have preference over
and better right than the judgment creditor
η That the amount of attorney lien is (his client) in the payment of professional
unliquidated does not militate against its fees.
establishment as it is not necessary to the
existence of the lien that the amount due the η The lien does not extend to property of client
lawyer be fixed. in the hands of an officer of court.

Recordal and notice of charging lien Effects of charging lien


η Attorney’s charging lien takes effect from η Similar to collateral security or a lien on real
and after the time the attorney has caused a or personal property, the charging lien gives
notice of his lien to be duly entered in the the lawyer the right to collect, in payment of
records of the case. For the recordal to be his professional fees and disbursements, a
valid, it should be made while the court still certain amount from out of the judgment or
has jurisdiction over case and before full award rendered in favor of client. He has
satisfaction of judgment. Recordal may be same right and power as his client to enforce
entered before judgment is made but it his lien and secure payment.
could only be enforced after a judgment is
rendered. Lawyer may record his claim η Charging lien follows proceeds of the
before rendition of judgment (to establish judgment obtained for the client in the case
his right to lien), as opposed to enforcement

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


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112
wherever they may be and whoever received η Lawyer may have his charging lien
them. Exception: purchaser in good faith. established, declared and enforced by the
court which has jurisdiction of the case by
η Judgment debtor who, in disregard of filing proper motion before judgment for
charging lien, satisfies judgment debt client is satisfied.
without reserving funds to pay attorney’s
fees may be liable for full value of the lien. η Attorney need not be a party to the action
but in a proper case, he may be permitted to
η A lawyer’s duly recorded charging lien enjoys intervene. In such a case, it is proper for
preference of credit over that of a creditor lawyer to file petition in his own name
who subsequently recorded it. Conversely, a against both plaintiff and defendant setting
third party who obtains a jugment against the particulars of his claim and lien. Notice of
atty’s client before the atty’s lien comes into charging lien or petition filed for its
being has preference over the lawyer. registration in the record of the case that
confers jurisdiction upon court.
η Lien survives death of client and need not be
enforced in the settlement of the client’s η Without a valid written contract fixing the
estate. amount of professional fees, lawyer must
both allege and prove that the amount
claimed is unpaid and that it is reasonable
Extinguishment of charging lien and just with notice served upon client and
η Charging lien extinguished when client loses adverse party/judgment debtor.
action. Remedy: file separate civil action
η When client contests attorney’s right to
η Client cannot defeat attorney’s right to receive compensation or the amount thereof,
charging lien by dismissing case, terminating court must first resolve that question in full
services of counsel, waiving his cause or dress trial before it should order registration
interest in favor of adverse party, of charging lien. At all events, exact amount
compromising his action, or assigning the of attorney’s fees should be determined
subject matter thereof, except: (1) when before enforcing lien.
lawyer waives his right by acts or omissions,
and (2) when termination or dismissal is η Client who fails to contest will be bound by
upon instance of adverse party. attorney’s claim even though it may appear
unjust.
Assignment of charging lien
η General rule: attorney’s charging lien may η Charging lien may be enforced, upon proper
be assigned or transferred without motion, by execution against (1) client who
preference being extinguished. Exception: receives proceeds of judgment without
when assignment carries breach of paying his lawyer, and (2) judgment debtor
attorney’s duties to preserve client’s who, for disregarding charging lien properly
confidence inviolate. Assignee steps into served on him, becomes liable to the extent
shoes of lawyer and enjoys all rights of the of lawyer’s claim.
latter in the charging lien.

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.

η Satisfaction of judgment will extinguish


charging lien when lawyer waives right
CANON 1
thereto either by active conduct or by
INDEPENDENCE
passive omission.

Enforcement

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113
EXERCISE JUDICIAL FUNCTION
 Canon 1. Judicial independence is INDEPENDENTLY
a pre-requisite to the rule of law and a
fundamental guarantee of a fair trial. A judge
shall therefore uphold and exemplify judicial  People v. Veneracion (1995)
independence in both its individual and F: Judge Veneracion finding the defendants
institutional aspects. Henry Lagarto and Ernesto Cordero guilty
beyond reasonable doubt of the crime of Rape
Sec. 1. Judges shall exercise the judicial with Homicide and sentenced both accused with
function independently on the basis of their the "penalty of reclusion perpetua with all the
assessment of the facts and in accordance with a accessories provided for by law." Disagreeing
conscientious understanding of the law, free of with the sentence imposed, the City Prosecutor
any extraneous influence, inducement, pressure, of Manila filed a Motion for Reconsideration,
threat or interference, direct or indirect, from praying that the Decision be "modified in that the
any quarter or for any reason. penalty of death be imposed" against
respondents Lagarto and Cordero, in place of the
Sec. 2. In performing judicial duties, Judges original penalty (reclusion perpetua). The SC
shall be independent from judicial colleagues in found that the respondent judge acted with
respect of decisions which the judge is obliged to grave abuse of discretion and in excess of
make independently. jurisdiction when he failed and/or refused to
impose the mandatory penalty of death under
Sec. 3. Judges shall refrain from influencing in R.A. 7659, after finding the accused guilty of the
any manner the outcome of litigation or dispute crime of Rape with Homicide.
pending before another court or administrative
agency. H: Obedience to the rule of law forms the
bedrock of our system of justice. If judges,
Sec. 4. Judges shall not allow family, social, or under the guise of religious or political beliefs
other relationships to influence judicial conduct were allowed to roam unrestricted beyond
or judgment. The prestige of judicial office shall boundaries within which they are required by law
not be used or lent to advance the private to exercise the duties of their office, then law
interests of others, nor convey or permit others becomes meaningless. A government of laws,
to convey the impression that they are in a not of men excludes the exercise of broad
special position to influence the judge. discretionary powers by those acting under its
authority. In the case at bench, respondent
Sec. 5. Judges shall not only be free from judge, after weighing the evidence of the
inappropriate connections with, and influence by, prosecution and the defendant at trial found the
the executive and legislative branches of accused guilty beyond reasonable doubt of the
government, but must also appear to be free crime of Rape with Homicide. Since the law in
therefrom to a reasonable observer. force at the time of the commission of the crime
for which respondent judge found the accused
Sec. 6. Judges shall be independent in relation guilty was Republic Act No. 7659, he was bound
to society in general and in relation to the by its provisions. The law plainly and
particular parties to a dispute which he or she unequivocably provides that "[w]hen by reason
has to adjudicate. or on the occasion of rape, a homicide is
committed, the penalty shall be death." We are
Sec. 7 Judges shall encourage and uphold aware of the trial judge's misgivings in imposing
safeguards for the discharge of judicial duties in the death sentence because of his religious
order to maintain and enhance the institutional convictions. While this Court sympathizes with
and operational independence of the judiciary. his predicament, it is its bounden duty to
emphasize that a court of law is no place for a
Sec. 8. Judges shall exhibit and promote high protracted debate on the morality or propriety of
standards of judicial conduct in order to reinforce the sentence, where the law itself provides for
public confidence in the judiciary which is the sentence of death as a penalty in specific and
fundamental to the maintenance of judicial well-defined instances.
independence.

 Tahil v. Eisma (1975)


F: Respondent Municipal Judge Carlito A.
RE: SEC 1. Eisma is charged by complainant Hadjirul Tahil
with dishonesty in not reporting regularly to his

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114
office, contrary to the recitals of his daily time Judge de Guzman tried to influence the outcome
record. According to the findings of the of the case.
investigating judge: the filing of this complaint is
motivated by hatred, anger and revenge on the H: YES. Judge de Guzman approached
part of the complainant. Complainant’s anger Judge Cosico at least twice asking him to cancel
stems from the disapproval of the bail bond he the notice of lis pendens, thereby, trying to
brought for his nephew. But this disapproval is influence the course of the litigation in the case
warranted due to the non-appearance of in violation of Code of Judicial Conduct. Being the
bondsmen. His anger is because he expected the dispensers of justice, judges should not act in a
judge to approve the bail bond simply because way that would suspicion in order to preserve
they are friends. It appears however that faith in the administration of justice. Act of
respondent admitted having granted bail to an interference by Judge de Guzman with the
accused upon the request of a congressman, subject case pending in the sala of Judge Cosico
despite his belief that the evidence of guilt clearly tarnishes the integrity and independence
against the accused was strong. The SC found of the judiciary and subverts the people’s faith in
that the respondent’s act of granting bail upon the judicial process.
the request of a congressman was reprehensible.
The SC thus admonished him.

H: The discretion of the court to grant bail  Contreras v. Solis (1996)


must be based upon the Court’s determination as F: One Rufino Mamangon was charged for
to WON the evidence of guilt is strong. This the murder of complainant's brother. The RTC
discretion may only be exercised after the dismissed the case for lack of jurisdiction. The
evidence is submitted at the summary hearing accused Mamangon however was not released
conducted pursuant to Sec 7 of Rule 114 of the and so a petition for habeas corpus was filed.
Rules. Respondent’s admission that he granted Respondent presided over the petition. He
bail to an accused upon the request of a initially dismissed it and a motion for
congressman, despite his belief that the evidence reconsideration was filed. Later, respondent
of guilt against the accused was strong is indeed ordered the release of the accused upon posting
reprehensible. But it is not clear WON a of a P25000 cash bond. He subsequently
summary hearing was conducted by respondent canceled the bond and ordered the re-arrest of
Judge for the purpose of bail and, on the basis of the accused after the public prosecutor filed a
the evidence submitted, granted bail to the motion for reconsideration. Thereupon, the
accused. Moreover, respondent was not complainant filed this administrative complaint.
specifically charged and investigated in this According to the assigned investigating officer,
regard, and in the absence of any specific finding after the accused filed his motion for
that respondent gravely abused his discretion in reconsideration on the denied petition,
granting bail to the accused, this court has no complainant had a meeting with respondent
basis to impose a fine upon respondent. inside the latter's office at around 7 am (at this
hour, court employees are not yet in for work).
Respondent informed complainant of the motion
for reconsideration filed by the accused and his
RE: SEC 3. willingness to pay P25000 as bail bond. It
REFRAIN FROM INFLUENCING OUTCOME OF appeared to complainant that what the
LITIGATION OR PROCEEDING respondent was actually saying was that if the
former was willing to pay the same amount, the
accused would not be released. Respondent
insists that the purpose of such meeting was to
inform the complainant of the motion for
 OCA v. deGuzman (1997) reconsideration so he could participate. He did
F: Judge Cosico denied a party’s motion to not ask any money from the complainant and the
cancel notice of lis pendens. When case was re- latter admits that he did not give any. The
raffled due to Cosico’s retirement, the annotation amount that the respondent mentioned was what
of lis pendens was eventually cancelled by Judge the complainant was going to spend for a lawyer.
de Guzman. Upon investigation, Cosico said that The investigating officer however was not
while he was hearing the case, Judge de Guzman convinced. Respondent could have informed
approached him and asked him to grant motion complainant about the habeas corpus
to lift notice of lis pendens. When motion was proceedings at an earlier stage by simply
denied, Judge de Guzman was said to have come furnishing him a copy of the first order. Why did
back to Cosico’s office asking him (Cosico) to he wait at the last working hour on a Friday to
reconsider order of denial. The Court found that schedule a meeting on 7 am Monday? The acts of

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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115
the respondent, according to the investigating
officer lends to suspicions of dishonesty. She
recommends that respondent be advised to
avoid such occasions. As to the order issued by  Padilla v. Zantua (1994)
the judge to release the accused upon bail and F: Mayor Padilla charged Judge Zantua,
the subsequent cancellation of the bail and re- with serious irregularities and grave misconduct
arrest, the investigating officer found that the in the performance of his official duties for: (1)
respondent committed errors. The SC agreed failure to decide cases within the prescribed
with the findings of the investigating officer. period; (2) unreasonable delay in the disposition
of cases which have been prejudicial to litigants;
H: As to the alleged extortion: The (3) manifest partiality in favor of a litigant and
respondent's seemingly benign conduct of (4) fraternizing with lawyers who have pending
meeting with the complainant to advise him of a cases in his sala. Mayor Padilla complains that
pending case is puzzling since the records do not these cases have been pending since, 1991,
show any reason that would justify respondent's some have not even been tried and because of
special interest/concern over the complainant. A delays in the disposition of these cases and the
reasonable person would deduce that perceived partiality of respondent Judge for Atty.
respondent's mention of the potency of the Schneider, the people's confidence in the
accused's motion for reconsideration and the judiciary is being eroded. Respondent Judge
amount that the complainant would spend for an denies that he is fraternizing with lawyers with
attorney means that the respondent is actually pending cases in his sala, explaining that in the
suggesting that complainant should just give the case of Atty. Schneider, he is the only lawyer in
money to respondent for a favorable decision. A the Municipality and it is but natural for
proposal to pay the judge need not only be respondent Judge to be friendly with him but
stated expressly. This can also be implied. maintains that their friendship has never been a
Respondent's pretended innocence of the hindrance to the proper disposition of the cases
message perceived by complainant is in his sala as his impartially is known not only in
unconvincing considering the fact that he has the Municipality of Jose Panganiban, but also in
been in the practice of law for years. As a judicial the province of Camarines Norte. The SC held
officer he should avoid the slightest hint of that the respondent judge was guilty of serious
anomaly and corruption. He should conduct irregularities and grave misconduct in the
himself in a manner to avoid any suspicion of performance of his official duties for manifest
irregularity. Whatever may have been partiality in favor of a litigant and fraternizing
respondent's motive in meeting with the with lawyers who have pending cases in his sala.
complainant, such action certainly gave rise to
questions of honesty. H: Respondent Judge does not deny his
close friendship and association with Atty.
With regard to the erroneous orders, it appears Augusto Schneider. Constant company with a
that the legal basis used by the judge were lawyer tends to breed intimacy and camaraderie
incorrectly applied. A bond was not necessary to the point that favors in the future may be
since the accused, after the dismissal of the asked from respondent judge which he may find
criminal case, was supposed to have been set hard to resist. The actuation of respondent Judge
free. However, an erroneous decision cannot be of eating and drinking in public places with a
the sole basis for disciplining a judge. It must be lawyer who has pending cases in his sala may
clearly shown that such judgment was unjust as well arouse suspicion in the public mind, thus
being contrary to law and the judge rendered it tending to erode the trust of the litigants in the
with conscious and deliberate intent to do impartiality of the judge. This eventuality may
injustice. The respondent cannot be held liable undermine the people's faith in the
for an erroneous order. Issuing it was an official administration of justice. It is of no moment that
act and is presumed to have been done in good Atty. Augusto Schneider is the only lawyer in the
faith. The court is unable to find a clear and locality. A judge should behave at all times as to
definite connection between the attempt at inspire public confidence in the integrity and
extortion and the subsequent issuance of the impartiality of the judiciary. The prestige of
erroneous orders. It would be unjust to presume judicial office shall not be used or lent to
wrong intentions on the part of the respondent. advance the private interests of others, nor
convey or permit others to convey the
impression that they are in a special position to
RE: SEC 4. influence the judge. We find this case an
REFRAIN FROM BEING INFLUENCED BY occasion to remind members of the Judiciary to
FAMILY, SOCIAL OR OTHER so conduct themselves as to be beyond reproach
RELATIONSHIPS and suspicion, and be free from any appearance

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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116
of impropriety in their personal behavior not only 2. Because it is, in effect, a judgment revoking
in the discharge of their official duties but also in the resolution of this Court on the petitions
their everyday life. Public confidence in the of these 810 candidates, without having
Judiciary is eroded by irresponsible or improper examined their respective examination
conduct of judges. A judge must avoid all papers, and although it is admitted that this
impropriety and the appearance thereof. Being Tribunal may reconsider said resolution at
the subject of constant public scrutiny, a judge any time for justifiable reasons, only this
should freely and willingly accept restrictions on Court and no other may revise and alter
conduct that might be viewed as burdensome by them. In attempting to do it directly RA 972
the ordinary citizen. violated the Constitution.

3. By the disputed law, Congress has exceeded


its legislative power to repeal, alter and
RE: SEC. 5 supplement the rules on admission to the
INDEPENDENCE FROM Bar.
EXECUTIVE AND LEGISLATIVE
4. The reason advanced for the pretended
classification of candidates, which the law
 In re Cunan (1954) makes, is contrary to facts which are of
RA 972 (the bar flunkers act) has for its object to general knowledge and does not justify the
admit to the Bar, those candidates who suffered admission to the Bar of law students
from insufficiency of reading materials and inadequately prepared. The pretended
inadequate preparation. By its declared classification is arbitrary. It is undoubtedly a
objective, the law is contrary to public interest class legislation.
because it qualifies 1,094 law graduates who
confessedly had inadequate preparation for the
practice of the profession, as was exactly found
by this Tribunal in the aforesaid examinations. RE: SEC 8
An adequate legal preparation is one of the vital PROMOTE PUBLIC CONFIDENCE
requisites for the practice of law that should be
developed constantly and maintained firmly. To
the legal profession is entrusted the protection of  Macalintal v. Teh (1997)
property, life, honor and civil liberties. It is F: Atty. Macalintal related to the Court in a
obvious, therefore, that the ultimate power to letter the actuations of Judge Teh, relative to
grant license for the practice of law belongs Election Case No. R-95-001. Judge Teh issued a
exclusively to this Court, and the law passed by resolution adverse to the client of complainant.
Congress on the matter is of permissive He questioned the resolution via certiorari with
character, or as other authorities say, merely to the COMELEC. While case was pending in the
fix the minimum conditions for the license. Laws COMELEC, Teh actively participated in the
are unconstitutional on the following grounds: proceedings by filing his comment on the
first, because they are not within the legislative petition, as well as an urgent manifestation.
powers of Congress to enact, or Congress has Complainant filed a motion for inhibition but
exceeded its powers; second, because they instead, Teh hired his own lawyer and filed
create or establish arbitrary methods or forms answer before the court with prayer. The SC
that infringe constitutional principles; and third, found that Judge Teh’s actuations eroded public
because their purposes or effects violate the confidence in the administration of justice.
Constitution or its basic principles. As has
already been seen, the contested law suffers H: Evidently, the active participation of the
from these fatal defects. Summarizing, we are of respondent judge, being merely a nominal or
the opinion and hereby declare that RA. 972 is formal party in the certiorari proceedings is not
unconstitutional and therefore, void, and without called for. “xxx Under Sec 5 of Rule 65 of the
any force nor effect for the following reasons, to ROC, a judge whose order is challenged in an
wit: appellate court does not have to file any answer
1. Because its declared purpose is to admit 810 or take active part in the proceeding unless
candidates who failed in the bar expressly directed by order of this court. It is the
examinations of 1946-1952, and who, it duty of respondent to appeal and defend, both in
admits, are certainly inadequately prepared his/her behalf and in behalf of the Court or judge
to practice law, as was exactly found by this whose order or decision is at issue. xxx”
Court in the aforesaid years. Respondent’s folly did not stop there. When
complainant filed for respondent’s inhibition, he
hired his own lawyer. Respondent judge should

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117
be reminded that decisions of courts need not acts of sexual intercourse admitted by Sol cannot
only be just but must be perceived to be just and be deemed proven. There is no direct and
completely free from suspicion or doubt both in competent evidence against Juanson that he had
its fairness and integrity. illicit sex with Sol. The imputation of illicit sexual
acts upon the incumbent judge must be proven
by substantial evidence, which is the quantum of
proof required in administrative cases.

CANON 2 Also, it may be that Juanson has undergone


INTEGRITY moral reformation after his appointment, or his
appointment could have completely transformed
him upon the solemn realisation that a public
office is a public trust. Nevertheless, considering
 Canon 1. Integrity is essential not only their prior relationship, Juanson and Sol’s
to the proper discharge of the judicial office but meetings could reasonably incite suspicion of
also to the personal demeanor of judges. either its continuance or revival and the
concomitant intimacies expressive of such
Sec. 1. Judges shall ensure that not only is their relationship. Juanson became indiscreet, he
conduct above reproach, but that it is perceived encumbered to the sweet memories of the past
to be so in the view of a reasonable observer. and he was unable to disappoint Sol when she
asked for his legal advice. Such indiscretions
Sec. 2. The behavior and conduct of judges indubitably cast upon his conduct as appearance
must reaffirm the people's faith in the integrity of impropriety.
of the judiciary. Justice must not merely be done
but must also be seen to be done.
 Romero v. Valle (1987)
Sec. 3. Judges should take or initiate F: All this started over an argument on
appropriate disciplinary measures against whether to label an evidence as exhibit F or
lawyers or court personnel for unprofessional exhibit G. The facts are stated by the
conduct of which the judge may have become investigating officer assigned. Complainant was
aware. one of the two lawyers in a civil case tried by the
respondent judge. During a hearing, complainant
asked that an evidence be marked exhibit F.
Respondent interrupted and said that there was
RE: SEC. 1. already an exhibit F so the evidence should be
CONDUCT ABOVE REPROACH marked exhibit G. Complainant in a loud voice
insisted that his proposed marking was correct.
This irritated the respondent and he admonished
 Alfonso v. Juanson (1993) the complainant that the latter should come to
F: Dr. Alfonso filed this complaint for court prepared. Respondent also told
immorality and violation of the Code of Judicial complainant that he should not bring his passion
Ethics against Judge Juanson. Alfonso alleges to the court and if complainant does not respect
that Juanson has been maintaining an illicit affair the judge, he should respect the court.
with Alfonso’s wife, Sol. The SC, however, did Complainant continued insisting in a loud voice
not dismiss Judge Juanson. that the evidence be marked exhibit F. The
respondent banged his gavel, left the rostrum
H: There is no doubt in the Court’s mind and went to his chamber. Complainant's version
that there is a very special relationship between states that the respondent unceremoniously
Sol and Modesto. Though it started as relations removed his coat and challenged complainant to
before Sol’s marriage, it developed into an extra- step out and they will settle the matter.
marital affair. It must, however, be stressed that Respondent's version states that when the
Juanson is not charged with immorality or respondent left the rostrum all he said was five
misconduct committed before he was appointed minute recess. One of complainant's own
to the judiciary. As to the post-appointment witness, which the investigating officer found to
period, the court finds the evidence for Norbert be the most impartial, said that respondent did
insufficient to prove that Juanson and Sol not remove his coat and that all the witness
continued their extra-marital affair. Since heard from him was, step out. Respondent, after
Norbert’s narration was only treated as narration coming out of his chamber, holding his revolver
and not put into evidence, they are considered inside its holster with his right hand, looked at
as proof that Sol made statements, but not proof the courtroom where the lawyers were. The gun
that the facts revealed are true. As such, the was not really pointed at anyone but he did look

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118
at the people inside the courtroom. Respondent  Castillo v. Calanog (1991)
had a permit for carrying a licensed gun because F: In a sworn letter complaint, Castillo
of death threats he had received from the NPA. alleged that Judge Calanog and her have an
The complainant now charges respondent with affair and that she was convinced by the judge
grave misconduct and oppression. The SC to be his mistress due to promises of giving her
dismissed the Judge from the service but also a condominium to live in and financial support
required the complainant to show why for her daughters. Castillo further alleged that
disciplinary proceedings should not be taken when she conceived their son, the judge
against him. suddenly left her and failed to provide financial
support despite several pleadings. After Judge
H: The relations between judge and counsel denied allegations, Castillo also sent formal
should be based on mutual respect and a deep “affidavit of Desistance” denying her initial
appreciation by one of the duties of the other. allegations.
Both are expected to maintain the high esteem
for the courts. Counsel should observe respect H: Calanog established an intimate, albeit
due to the court, to opposing counsel and to immoral, relationship with Castillo although
judicial officers. Calanog is a married man. Calanog behaved in a
manner not becoming of his robes and as a
In our culture, raising one's voice is a sign of model of rectitude, betrayed the people’s high
disrespect, improper to one whose investiture expectations, and diminished the esteem in
into the legal profession places upon his which they hold the judiciary in general. The
shoulders no burden more basic, more exacting circumstances show a lack of circumspection and
and more imperative than that of respectful delicadeza on the part of Calanog by failing to
behavior. towards the courts. Complainant, as an avoid situations that make him suspect to
active law practitioner and leader of several law committing immorality and worse, having that
organizations in the community should provide suspicion confirmed.
an example of proper decorum to his brothers in
the profession. He should have observed humility A judge must be free of a whiff of impropriety
and accepted mistakes graciously. not only with respect to his performance of his
judicial duties, but also to his behavior outside
Respondent judge was also at fault for his his sala and as a private individual. There is no
shortness of temper and impatience, contrary to dichotomy of morality: a public official is also
the duties and restriction imposed upon him by judged by his private morals.
reason of his office. He failed to observe the Calanog also committed a grave injustice when
proper decorum expected of judicial officers. he took advantage of Castillo’s state of material
Judicial officers are given contempt powers so deprivation and helplessness when he persuaded
that they can remind counsels of their duties in her to be his mistress. He used the brute force of
court without being arbitrary, unreasonable or his position of power and authority.
unjust. Respondent should have cited the
complainant in contempt of court instead of
throwing tantrums by banging his gavel loudly CANON 3
and unceremoniously walking out of the IMPARTIALITY
courtroom. Although respondent had a valid
explanation for carrying a gun, his act of carrying
it in plain view of the lawyers (including the  Canon 1. Impartiality is essential
complainant) and considering what just to the proper discharge of the judicial office. It
happened, cannot be taken as an innocent applies not only to the decision itself but also to
gesture. It was calculated to instill fear and the process by which the decision is made.
intimidate the complainant. Respondent's
behavior constitutes grave misconduct. A judge's Sec. 1. Judges shall perform their judicial duties
conduct should be free from the appearance of without favor, bias or prejudice.
impropriety not only in his official duties but in
his everyday life. One who lives by the precept Sec. 2. Judges shall ensure that his or her
that might is right: is unworthy to be a judicial conduct, both in and out of court, maintains and
officer. enhances the confidence of the public, the legal
profession and litigants in the impartiality of the
RE: SEC. 2 judge and of the judiciary.
REAFFIRM PEOPLE’S FAITH Sec. 3. Judges shall, so far as is reasonable, so
conduct themselves as to minimize the occasions

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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119
on which it will be necessary for them to be
disqualified from hearing or deciding cases.

Sec. 4. Judges shall not knowingly, while a RE: SEC. 2


proceeding is before, or could come before, them PROMTE CONFIDENCE AND IIMPARTIALITY
make any comment that might reasonably be
expected to affect the outcome of such
proceeding or impair the manifest fairness of the  Talens-Dabon v. Arceo (1996)
process. Nor shall judges make any comment in F: Talens-Dabon, Clerk of Court of the RTC
public or otherwise that might affect the fair trial of San Fernando Pampanga, charged Judge
of any person or issue. Hermin E. Arceo, the Executive Judge thereat
with gross misconduct and immorality.
Sec. 5. Judges shall disqualify themselves from Respondent Judge had a reputation in the office
participating in any proceedings in which they as being "bastos" and "maniakis". There were
are unable to decide the matter impartially or in instances were the judge talked in a loud voice
which it may appear to a reasonable observer and shouted and used offensive words such as
that they are unable to decide the matter “walang isip” and “tanga”; told green jokes;
impartially. Such proceedings include, but are made bodily contact ("chancing") with her and
not limited to, instances where certain female employees; kissed complainant on
(a) The judge has actual bias or prejudice the cheeks; respondent summoned the
concerning a party or personal knowledge of stenographer to his chamber and she found him
disputed evidentiary facts concerning the clad only in briefs. Judge gave the complainant a
proceedings; poem, locked her in his chambers and tried to
(b) The judge previously served as a lawyer take advantage of her. The SC found the
or was a material witness in the matter in respondent judge guilty of gross misconduct
controversy;
(c) The judge, or a member of his or her H: The integrity of the Judiciary rests not
family, has an economic interest in the only upon the fact that it is able to administer
outcome of the matter in controversy; justice but also upon the perception and
(d) The judge served as executor, confidence of the community that the people
administrator, guardian, trustee or lawyer in who run the system have done justice. Hence, in
the case or matter in controversy, or a order to create such confidence, the people who
former associate of the judge served as run the judiciary, particularly judges and
counsel during their association, or the judge justices, must not only be proficient in both the
or lawyer was a material witness therein; substantive and procedural aspects of the law,
(e) The judge's ruling in a lower court is the but more importantly, they must possess the
subject of review; highest integrity, probity, and unquestionable
(f) The judge is related by consanguinity or moral uprightness, both in their public and
affinity to a party litigant within the sixth private lives. Only then can the people be
civil degree or to counsel within the fourth reassured that the wheels of justice in this
civil degree; or country run with fairness and equity, thus
(g) The judge knows that his or her spouse creating confidence in the judicial system. With
or child has a financial interest, as heir, the avowed objective of promoting confidence in
legatee, creditor, fiduciary, or otherwise, in the Judiciary, we have the following provisions of
the subject matter in controversy or in a the Code of Judicial Conduct: Rule 2.01: A judge
party to the proceeding, or any other should so behave at all times as to promote
interest that could be substantially affected public confidence in the integrity and impartiality
by the outcome of the proceedings; of the judiciary.

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

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120
burdensome by the ordinary citizen. A judge would unnecessarily burden other trial judges to
should personify integrity and exemplify honest whom the cases would be transferred.
public service. The personal behavior of a judge,
both in the performance of his official duties and In fact, this is one rare opportunity for Masadao
in private life should be above suspicion. to show that JBL Reyes did not err in
Respondent has failed to measure up to these recommending him for his competence and
exacting standards. He has behaved in a known probity;that he has conducted himself
manner unbecoming of a judge and as model of with the cold impartiality of an impartial judge;
moral uprightness. He has betrayed the people's that no one can sway his judgment whoever he
high expectations and diminished the esteem in may be
which they hold the judiciary in general. We
need not repeat the narration of lewd and lustful However, men of the Bench are not without
acts committed by respondent judge in order to imperfections. A judge experiences the “tug and
conclude that he is indeed unworthy to remain in pull of purely personal preferences and
office. The audacity under which the same were prejudices which he shares with the rest of his
committed and the seeming impunity with which fellow mortals”. Especially for Filipinos whose
they were perpetrated shock our sense of sense of gratitude in one trait which invariably
morality. All roads lead us to the conclusion that reigns supreme over any and all considerations
respondent judge has failed to behave in a in matters upon which such tender sentiment
manner that will promote confidence in the may somehow inexorably impinge. The
judiciary. His actuations, if condoned, would circumstances before judge Masadao are not
damage the integrity of the judiciary, fomenting ordinary ones. Thus, this is one certain
distrust in the system. Hence, his acts deserve circumstance where a case could well be heard
no less than the severest form of disciplinary by another judge and where a voluntary
sanction of dismissal from the service. The inhibition may prove to be the better course of
actuations of respondent are aggravated by the action. Judge Masadao’s actuations are within
fact that complainant is one of his subordinates par 2 sec 1 rule 137.
over whom he exercises control and supervision,
he being the executive judge. He took
advantage of his position and power in order to  Lorenzo v. Marquez (1988)
carry out his lustful and lascivious desires. F: Lorenzo, with an indorsement by the
Instead of he being in loco parentis over his NBI, executed a sworn statement against Judge
subordinate employees, respondent was the one Marquez charged him with violation of Sec Rule
who preyed on them, taking advantage of his 137 ROC in deciding KBP v. Balid. Marquez was a
superior position. member of the board of directors of the plaintiff
in said case and served as counsel. When
Marquez took over the case, he set the case for
RE: SEC. 5 hearing and rendered a decision favourable to
DISQUALIFICATIONS the plaintiff. He proceeded to decide on the case
since there was no objection from the parties.
The SC found that indeed, Judge Marquez was
not impartial and should have been disqualified
 Masadao v. Elizaga (1987) in the case
F: On May 4, 1987, Judge Masadao
rendered a decision finding the accused, Jaime H: The judgment in this case was rendered
Tadeo, guilty of estafa. Justice JBL Reyes in favor of the plaintiff and against the
entered his appearance for the accused. Judge defendant. Clearly, according to Sec. 1 Rule 137
Masadao issued an order inhibiting himself from of the ROC, no judge or official shall sit is any
further sitting in the case on the ground that case in which he, or his wife, or child is
retired Justice Reyes has been among those who pecuniarily interested as heir, legatee, creditor or
had recommended him to the bench. A raffle was otherwise, or in which he is related to either
conducted and the case was assigned to Judge party within the sixth degree of consanguinity or
Elizaga Judge Elizaga returned the records with a affinity, or to counsel within the fourth degree
letter stating his refusal to act and assailing the computed according to the rules of civil law, or in
re-raffling of the case as uncalled for and which he has been executor, administrator,
impractical. guardian, trustee or counsel…” From the
foregoing provision, a judge cannot sit in any
H: It is clear from the reading of the law case in which he was a counsel without the
that intimacy or friendship between a judge and written consent of all parties. The rule is explicit
an attorney of record of one of the parties to a that he must secure the written consent of all
suit is no ground for disqualification. To allow it parties, not a mere verbal consent much less a

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121
tacit acquiescence. The written consent must be about the financial interests of members of their
signed by them and entered upon the record. family.
The failure of the respondent to observe these
elementary rules of conduct betrays his unusual Sec. 8. Judges shall not use or lend the prestige
personal interest in the case which prevailed of the judicial office to advance their private
over and above his sworn duty to administer the interests, or those of a member of their family or
law impartially. of anyone else, nor shall they convey or permit
others to convey the impression that anyone is
in a special position improperly to influence them
in the performance of judicial duties.

CANON 4 Sec. 9. Confidential information acquired by


PROPRIETY judges in their judicial capacity shall not be used
or disclosed by for any other purpose related to
their judicial duties.

 Canon 4. Propriety and the Sec. 10. Subject to the proper


appearance of propriety are essential to the performance of judicial duties, judges may
performance of all the activities of a. judge. (a) Write, lecture, teach and participate in
activities concerning the law, the legal
Sec. 1. Judges shall avoid impropriety and the system, the administration of justice or
appearance of impropriety in all of their related matters;
activities. (b) Appear at a public hearing before an official
body concerned with matters relating to the
Sec. 2. As a subject of constant public scrutiny, law, the legal system, the administration of
judges must accept personal restrictions that justice or related matters;
might be viewed as burdensome by the ordinary (c) Engage in other activities if such activities do
citizen and should do so freely and willingly. In not detract from the dignity of the judicial
particular, judges shall conduct themselves in a office or otherwise interfere with the
way that is consistent with the dignity of the performance of judicial duties.
judicial office.
Sec. 11. Judges shall not practice law
Sec. 3. Judges shall, in their personal relations whilst the holder of judicial office.
with individual members of the legal profession
who practice regularly in their court, avoid Sec. 12. Judges may form or join
situations which might reasonably give rise to associations of judges or participate in other
the suspicion or appearance of favoritism or organizations representing the interests of
partiality. judges.

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

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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122
duties or otherwise give rise to an appearance of warlike fashion and berated the object of his ire,
partiality. with his firearm aimed at the victim…”
 Arban v. Borja (1989)
F: Ponciano A. Arban, the then District
Engineer for Camarines Sur, Ministry of Public
RE: SEC. 1 Works and Highways, filed an administrative
AVOIDANCE OF IMPROPRIETY case for grave misconduct against Judge Melecio
B. Borja, on that ground that in the presence of
 Lao v. Abelita (1998) people taking their lunch and others, the said
F: Two administrative cases were filed respondent, without any justification whatever,
against respondent Judge. The first complaint hit with the pistol he was carrying the herein
accused respondent judge of abuse of authority, petitioner on the left side of his head, sending
grave misconduct, oppression and harassment. him sprawling to the floor and rendering him
The second complaint charged him with serious momentarily unconscious. The SC found that the
misconduct and conduct unbecoming of a judge. respondent Judge commited an act of serious
In the first case, the complainant alleged that misconduct, one which degrades the integrity of
respondent judge forcibly entered and gained the judicial office and serves as a demoralizing
entrance without his knowledge in his office, example to the public.
residence and bodega, and that he removed the
padlock to the residence-bodega and replaced it, H: The complainant's avowal that his
depriving complainant of access, possession and 'personal interests' have been 'already satisfied,'
use of residence and bodega. In the second case, is not all there is to this case. There is the matter
during the pendency of the first case, respondent of the public interest involved in the case. The
ordered some people to (a) enter the nursery respondent is not just an ordinary citizen, but a
compound, one of the properties subject matter highly visible member of the judicial branch of
in the first case, build a shanty to take the Government, particularly, an incumbent
possession of property; (b) cut off electric power judge of the RTC stationed in Naga City. The
of the water pump to deprive water supply and complainant is, himself, an official of the
(c) respondent ordered his man, Agao, to shoot, government — an engineer of the Ministry of
with a shotgun, the workers of the complainant Public Works and Highways. The fact that the
who were about to install water pipes in the incident was accorded with widest possible
nursery resulting in the injury of his nephew, publicity in both regional and national newspaper
William Lao. The S attests to the very sensitive position occupied by
the respondent. There is, thus, not only the
H: Respondent judged failed to measure complainant's private interests involved, but also
up to what could well be expected of him as an the public interest involved in the act of an
officer of the judiciary. It was shown that (a) official whom position carries with it great
Respondent Judge took possession, by responsibility and which position demanded the
destroying the lock to the door, of the bodega highest norm of conduct from the incumbent
then being used and occupied by complainant. both in his public and private capacities, whether
After celebrating his party, respondent Judge in court or out of it. There is no doubt in the
closed the place using a new padlock and mind of the Court from the records of this case,
effectively evicting complainant from the inspite of the cover-ups and the sudden loss of
premises. (b) respondent judge ordered interest of the complainant to vigorously pursue
Policronio Agao to fire his shotgun, hitting his complaint, that the physical injuries inflicted
William Lao in the process. (c) although the on Mr. Arban were caused by a pistol-whipping.
shotgun used in the shooting incident was a
licensed firearm, respondent had no authority, Whatever the motive may have been, the violent
however, to bring that gun outside residence. (d) action of the respondent in a public place
Instead of acceding to the request of constitutes serious misconduct and the resultant
Superintendent Doria to forthwith go with him to outrage of the community in Naga City is a blow
the police headquarters to shed light on the to the image of the entire judiciary. Judge Borja
shooting incident, respondent judge sped away violated the established norm for judicial
from them. (e) finally, when police officers behavior that "a judge's official conduct should
caught up with respondent judge and his wife, he be free from appearance of impropriety, and his
was found to be in possession of an unlicensed . personal behavior not only upon the bench and
45 caliber handgun. As the court held in in the performance of judicial duties, but also in
Saburnido vs. Madrono, “it was highly improper his everyday life, should be beyond reproach
for a judge to have wielded a high-powered (Sec. 3, Cannon of Judicial Ethics)
firearm in public and besieged the house of a
perceived defamer of character and honor in

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123
This Court ruled in De la Paz v. Inutan (64 SCRA Sur and found a cash shortage. Pursuant to BP
540), that: “The judge is the visible 337, they seized the treasurer’s cash, books,
representation of the law and, more importantly, papers and accounts. He was also suspended
of justice. From him, the people draw their win from office. The Treasurer filed a petition with
and awareness to obey the law. They see in him the trial court, presided over by respondent
an intermediary of justice between two judge, for prohibition with injunction and with a
conflicting interests, specially in the station of prayer for a restraining order and damages.
municipal judges, like respondent Judge, who Judge Luntok issued a TRO, extended its
have that close and direct contact with the effectivity twice, and finally granted an
people before anybody else in the judiciary. application for a writ of preliminary injunction.
Thus, for the judge to return that regard, he Petitioners argue that the writ is void for being in
must be the first to abide by the law and weave reality a fourth restraining order issued beyond
an example for the others to follow. He should the 20-day effectivity of the preceeding TRO. The
be studiously careful to avoid even the slightest SC upheld the writ of preliminary injunction but
infraction of the law.” reprimanded the Judge.

H: Except for delay in the resolution of the


RE: SEC. 6 application for and the subsequent issuance of
FREEDOM OF EXPRESSION the writ, the other requisites provided by the
rules for the grant thereof have been observed,
hence, grant of writ must be upheld. Present
 Vistan v. Nicolas (1991) state of law which allows court to do by
F: Vistan filed administrative cases against indirection what should not be done directly
Judge Nicolas for gross ignorance of the law and should be remedied by amendment of the rule if
grave abuse of discretion (Judge acquitted intent is to nullify a writ of preliminary injunction
accused in a criminal case despite not having belatedly issued. Dubious orders of judge and
ruled yet on accused’s written offer of evidence), other circumstances show that he violated Rule
for maintaining an illicit relationship and for 3.01 of Canon 3 of the Code of Judicial Conduct,
having violated election laws when he sent out which calls for a judge to be faithful to the law
letters showing intent to run for Congress prior and maintain professional competence, and Rule
to date given by COMELEC. The SC dismissed 3.05 which admonishes all judges to dispose of
Vistan from office. the court's business promptly and decide cases
within the required periods.
H: Judge Nicolas also violated Rule 5.10,
Canon 5, of the Code of Judicial Conduct which
states: “...to avoid suspicion of political RE: SEC. 9
partisanship, a judge shall not...participate in CONFIDENTIAL INFORMATION
other partisan political activities.” Judge took
advantage of his position to boost his candidacy,
demeaned stature of his office and must be  Umale v. Villaluz (1973)
pronounced guilty of gross misconduct. F: Leon Umale filed a robbery case against
16 accused before the Circuit Criminal Court in
A Judge’s official conduct should be free from Pasig, Rizal presided by Judge Onofre Villaluz.
impropriety or any appearance thereof. His Judge Villaluz had issued several orders
personal behavior in the performance of official regarding the case from Jan. 19 to April 12,
duty, as well as everyday life, should be beyond 1971 when, on April 15, 1971, he voluntarily
reproach. High ethical principles and a sense of inhibited himself without any party moving for it.
propriety should be maintained, without which His reason: before filing of the case, he already
the faith of the people in the judiciary so had personal knowledge of it. Judge Villaluz then
indispensable in an orderly society cannot be directed immediate forwarding of records of case
preserved. Moral integrity is more than a virtue; to Exec Judge of CFI Pasig, Rizal for proper
it is a necessity in the Judiciary. disposition. Petitioner Umale opposed inhibition
but his motions for reconsideration, for
deferment of raffling of case, and for return of
RE: SEC. 8 case to Circuit Criminal Court were denied. He
INFLUENCE ON JUDICIAL CONDUCT filed case before SC.

 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

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
124
disqualification of a judge under the first respondent judge antedated her decision in the
paragraph of Sec. 1 of Rule 137 of the Revised Civil decision and alleged that complainant failed
Rules of Court (took effect Jan. 1, 1964). But to present any evidence to support such
paragraph 2 of said section authorizes the judge, accusation. The SC found that the respondent
“in the exercise of his sound discretion, to Judge is guilty of illegal practice of law.
disqualify himself from sitting in a case, for just
or valid reason other than those mentioned” in H: The Court has reminded judges of the
par. 1. Before 1964, a judge could not just lower courts that a judge whose order is
voluntarily inhibit himself from a case. But in challenged in an appellate court need not file any
cases decided in 1961 and 1962, a judge was answer, or take an active part in the proceedings
allowed to inhibit for fear that an opinion unless expressly directed by order of the Court.
expressed by him in a letter as counsel might In the case at bar, it is undisputed that
influence his decision and for being related to a respondent judge filed a comment on behalf of
counsel within 4th civil degree. In 1967, a judge the respondent Raymundo E. Catral in the case
was allowed to voluntarily disqualify himself on on review with the CA. Respondent judge signed
grounds other than those mentioned in par. 1 of the pleading herself and submitted it to the court
cited section. Pimentel v. Salanga: Judge should notwithstanding that it was her decision that was
make a careful self-examination whether to the subject of the petition in the said court. A
disqualify himself or not in a case before him. He judge must maintain a detached attitude from
should exercise his discretion in a way that the case and shall not waste his time by taking
people’s faith in the courts of justice is not an active part in a proceeding that relates to
impaired. A salutary norm is that he reflect on official actuations in a case. He is merely a
the probability that a losing party might nurture nominal party and has no personal interest or
at the back of his mind the thought that the personality therein. Further, respondent judge,
judge had unmeritoriously titled the scales of in signing and filing a comment with the court on
justice against him. Judge should be commended behalf of one of the parties, engaged in the
for heeding SC ruling in Geotina v. Gonzales: A private practice of law. The practice of law is not
judge, sitting on a case must at all times be fully limited to the conduct of cases in court or
free, disinterested, impartial and independent. participation in court proceedings but includes
Elementary due process requires a hearing preparation of pleadings or papers in anticipation
before an impartial and disinterested tribunal. A of litigation. Under Section 35, Rule 138 of the
judge has both the duties of rendering a just Revised Rules of Court, and Rule 5.07 of the
decision and of doing it in a manner completely Code of Judicial Conduct, judges are prohibited
free from suspicion as to his fairness and as to from engaging in the private practice of law. This
his integrity. Mater, Jr. v. Hon. Onofre Villaluz: is based on public policy because the rights,
Outside of pecuniary interest, relationship or duties, privileges and functions of the office of an
previous participation in the matter that calls for attorney-at-law are inherently incompatible with
adjudication, there may be other causes that the high official functions, duties, powers,
could conceivably erode trait of objectivity, thus discretion and privileges of a judge.
calling for inhibition. If such causes appear and
prove difficult to resist, it is better for judge to
disqualify himself. That way, his reputation for RE: SEC. 13
probity and objectivity is preserved; even more GIFTS, REQUESTS, LOANS
important, ideal of an administration of justice is
lived up to.
 Ompoc v. Torre (1989)
F: A sworn letter of complaint was filed by
RE: SEC. 11 Atty. Ompoc against Judge Torres. According to
PRACTICE OF PROFESSION Atty. Ompoc, Judge Torres invited him and his
client to the judge’s house while their case was
being tried in Judge Torres’s sala. The judge
 Tuzon v. Cloribel (2001) gave them a guide of what evidence to present
F: Victor G. Tuzon filed with the CA a to be able to win the case. In exchange, Judge
petition for certiorari assailing the order of Judge Torres asked Atty. Ompoc’s client to install an
Loreto Cloribel-Purugganan, which denied air-con unit in the latter’s lite-ace. The
Tuzon’s motion to allow cross-examination of his Investigating judge found the complainant’s
witness and directed that the case be submitted stories valid and true. The SC dismissed him
for resolution. Respondent judge went further from the service.
and filed the comment for the Raymundo Catral
and herself, and affixed her name and signature R: Receiving money from a party litigant is
on the comment. Tuzon also averred that the kind of gross and flaunting misconduct on

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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125
the part of the judge, who is charged with the F: This case refers to the inhibition which
responsibility of administering the law and Respondent Judge Rojas of the RTC issued, in
rendering justice. Members of the judiciary Crim Case entitled People vs. Tauro. Initially, the
should display not only the highest integrity but case was tried in the RTC, with Judge Rojas as
must, at all times, conduct themselves in such public prosecutor. While the case was pending,
manner as to be beyond reproach and suspicion. Rojas was appointed judge. The original counsel
for the accused did not interpose any objection,
so Judge Rojas tried the case. On April 13,
1998, he decided to inhibit himself. In his
CANON 5 explanation, he said that to avoid legal
EQUALITY implications, he has to voluntarily inhibit himself.
The Court found that it was impropert for Judge
Rojas to have heard the criminal case at all.

 Canon 5. Ensuring equality of H: No. Rule 137 § 1 of the Rules of Court


treatment to all before the courts is essential to expressly states that no judge shall sit in any
the due performance of the judicial office. case which he has been counsel (for a party)
without the written consent of all parties in
Sec. 1. Judges shall be aware of, and interest, signed by them and entered upon the
understand, diversity in society and differences record. Black’s Law Dictionary defines to “sit” in
arising from various sources, including but not a case means “to hold court; to do any act of
limited to race, color, sex, religion, national judicial nature. To hold a session, as of a court,
origin, caste, disability, age, marital status, grand jury, legislative body, etc. The prohibition
sexual orientation, social and economic status is not limited to cases in which a judge hears the
and other like causes. evidence but includes as well cases where he
acts by resolving motions, issuing orders and the
Sec. 2. Judges shall not, in the performance of like as Judge Rojas has done in the criminal
judicial duties, by words or conduct, manifest case.F or almost one and a half years, he issued
bias or prejudice towards any person or group on various orders resetting the dates of the hearing
irrelevant grounds. and of the reception of additional evidence for
the prosecution and for the defense.
Sec. 3. Judges shall carry out judicial duties Undoubtedly, these acts, he sat and acted on the
with appropriate consideration for all persons, case. The failure of Judge Rojas to observe these
such as the parties, witnesses, lawyers, court elementary rules of judicial conduct betrays his
staff and judicial colleagues, without interest in the case which he allowed to prevail
differentiation on any irrelevant ground, over his sworn duty to administer the law
immaterial to the proper performance of such impartially without any fear or favor.
duties.

Sec. 4. Judges shall not knowingly permit court RE: SEC. 5


staff or others subject to his or her influence, ATTITUDE – PARTIES APPEARING IN COURT
direction or control to differentiate between
persons concerned, in a matter before the judge,  In re Aguas (1901)
on any irrelevant ground. F: While on witness stand, Atty Aguas’
witness was allegedly seized by the Judge after
Sec. 5. Judges shall require lawyers in the witness failed to heed the Judge’s warning he
proceedings before the court to refrain from should look at Judge instead of at Atty. Aguas
manifesting, by words or conduct, bias or while testifying. In view of this, Aguas allegedly
prejudice based on irrelevant grounds, except protested “with a voice and body trembling.” The
such as are legally relevant to an issue in Judge held him Atty. Aguas in contempt. The SC
proceedings and may be the subject of legitimate found that the Judge had acted improperly
advocacy. towards Aguas’ witness.

H: The action of the judge in seizing the


RE: SEC. 2 witness, Alberto Angel, by the shoulder and
BIAS OR PREJUDICE turning him about was unwarranted and an
interference with that freedom from unlawful
personal violence to which every witness is
 In re Judge Rojas (1998) entitled while giving testimony in a court of
justice. Against such conduct the appellant had
the right to protest and to demand that the

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126
incident be made a matter of record. That he did
so was not contempt, providing protest and RE: SEC. 2
demand were respectfully made and with due ADMINISTRATIVE DUTIES
regard for the dignity of the court.
 Longboan v. Polig (1990)
F: A letter-complaint was addressed to the
Court Administrator charging Judge Polig with
gross negligence of duty or abuse of authority
for his failure to apprise complainant of the
CANON 6 status of Civil Case No. 641 despite the former's
COMPETENCE AND DILIGENCE registered letters requesting the status.
Meanwhile, Longbuan had sent five registered
letters inquiring about the status of Civil Case
No. 641. Due to respondent Judge's failure to
 Canon. 6. Competence and make any reply as requested, the Office of the
diligence are prerequisites to the due Court Administrator sent respondent judge three
performance of judicial office. tracers in relation to the records of Civil Case No.
641. Still, the respondent judge made no reply.
Sec. 1. The judicial duties of a judge take The SC found the respondent judge guilty of
precedence over all other activities. gross negligence of duty and dismissed him from
the service.
Sec. 2. Judges shall devote their professional
activity to judicial duties, which include not only H: Respondent judge's continued silence as
the performance of judicial functions and to the status of Civil Case No. 641 despite
responsibilities in court and the making of repeated written queries from one of the parties,
decisions, but also other tasks relevant to the his failure to reply to the tracers of the Office of
judicial office or the court's operations. the Court Administrator, and his willful
disobedience and disregard to our show-cause
Sec. 3. Judges shall take reasonable steps to resolutions constituted grave and serious
maintain and enhance their knowledge, skills and misconduct affecting his fitness and the
personal qualities necessary for the proper worthiness of the honor and integrity attached to
performance of judicial duties, taking advantage his office. Once again, we hold with great
for this purpose of the training and other emphasis that: ...The Judge is the visible
facilities which should be made available, under representation of the law of justice. From him,
judicial control, to judges. the people draw their will and awareness to obey
the law ..." How can the respondent judge
Sec. 4. Judges shall keep themselves informed expect others to respect the law when he himself
about relevant developments of international cannot obey orders as simple as the show cause
law, including international conventions and resolution? Moreover, it is not enough that the
other instruments establishing human rights complaining litigant was eventually appeased by
norms. the turn of circumstances. What is more
important is whether or not in the course of the
Sec. 5. Judges shall perform all judicial duties, judicial process, judicial norms have been
including the delivery of reserved decisions, maintained. It is with this end in view that we
efficiently, fairly and with reasonable stress diligence and efficiency attendant to the
promptness. discharge of a judge's function in the present
Code of Judicial Conduct. Canon 3, Rule 3.08, of
Sec. 6. Judges shall maintain order and the said Code provides that: A judge should
decorum in all proceedings before the court and diligently discharge administrative
be patient, dignified and courteous in relation to responsibilities, maintain professional
litigants, witnesses, lawyers and others with competence in court management and facilitate
whom the judge deals in an official capacity. the performance of the administrative functions
Judges shall require similar conduct of legal of other judges and court personnel. In the
representatives, court staff and others subject to instant case, respondent judge even impeded the
their influence, direction or control. speedy disposition of cases by his successor on
account of missing records of cases. This fact
Sec. 7. Judges shall not engage in conduct reflects an inefficient and disorderly system in
incompatible with the diligent discharge of the recording of cases assigned to his sala.
judicial duties. Proper and efficient court management is as
much the judge's responsibility for the Court

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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127
personnel are not the guardians of a Judge's his act remains unjustified. While the court does
responsibilities. With respect to the inventoried 4 not require perfection and infallibility, it
criminal cases without prisoners and four 4 civil reasonably expects a faithful and intelligent
cases missing, we find no justification for the discharge of duty by those who are selected to
failure to present them to the Deputy Court fill the positions of administrators of justice.
Administrator when required and their absence Respondent judge has sincerely evinced a
from the place where court records are stored. A humble repentance and prays for a
judge is expected to ensure that the records of reconsideration of the resolution. Thus, we feel
cases assigned to his sala are intact. There is no that he has been sufficiently punished for his
justification for missing records save fortuitous administrative infraction.
events. The loss of not one but eight records is
indicative of gross misconduct and inexcusable
negligence unbecoming of a judge. For true  Abad v. Bleza (1986)
professionalism in the bench to exist, judges F: The administrative case arose out of a
whose acts demoralize the ethical standards of a case that Bleza decided, where complainant Col.
judicial office and whose acts demonstrate Gregorio Abad and a certain Potenciano Ponce
unfitness and unworthiness of the prestige and were petitioners and defendants in a criminal
prerequisites attached to said office must be case. Based on testimonies and evidence, Judge
weeded out. Lastly, the report on the physical Bleza acquitted Ponce for attempted homicide,
inventory of the records of the cases in RTC, and charged Sabater guilty of Frustrated
Branch 14, Lagawe, Ifugao, which was Homicide. According to the investigation of the
respondent judge's last assignment before his IAC, they found that Bleza has not committed
suspension revealed that a total of 35 cases any wrongdoing to evoke disciplinary action. The
submitted for decision have remained unresolved acquittal was based on insufficiency of evidence.
beyond the 90-day reglementary period. We The SC held that Judge Bleza was not
have consistently held that failure to decide a incompetent in deciding the cases before him.
case within the required period is not excusable
and constitutes gross inefficiency. H: Judge Bleza appreciated as mitigating
circumstance the lack of intent to kill in favor of
Sabater is palpably out of place. Presumably,
RE: SEC. 3 what respondent had in mid was to consider the
MAINTAIN PROFESSIONAL COMPETENCE mitigating circumstance of lack of intention to
commit so grave a wrong as that committed
under Art. 13 of the RPC…this is different from
 In re Judge Baltazar Dizon (1989) lack of intent to kill. As a matter of public policy,
F: This is a motion for reconsideration filed in the absence of fraud, dishonesty, or
by respondent Judge Dizon praying that the corruption, the acts of a judge in his judicial
resolution, finding him guilty of rendering an capacity are not subject to disciplinary action,
erroneous decision, be reconsidered. Dizon ruled even though such acts are erroneous. Yet it is
that the state must first prove criminal intent to highly imperative that they should be
find the accused, Lo Chi Fai, guilty of a violation controverted with basic legal principles. They are
of a Central Bank Circular. He also ordered the called upon to exhibit more than just a cursory
return of the seized foreign currency from the acquaintance with statutes and to keep
accused. This Court pointed out that in offenses themselves abreast of the latest laws, rulings,
punished by special laws, proof of malice or jurisprudence affecting their jurisdiction. Even in
deliberate intent is not necessary. Respondent the remaining years of his stay in the judiciary,
manifestly disregarded and failed to apply this he should keep abreast with the changes in the
plain and fundamental basic principle. law and with the latest decisions and precedents.
Respondent admits that his decision is erroneous Although a judge is nearing retirement, he
but pleads that his mistaken judgment should not relax in his study of the law and court
proceeded from good faith and not from decisions. The records fail to show malice, ill-will
deliberate desire to pervert his position. The fact or even bias on part of the respondent judge. A
that the penalty prescribed by the circular was judicial officer cannot be called to account in a
taken from the RPC led him to believe that civil action for acts done by him in the exercise
malice was an essential element Respondent also of his judicial function, however erroneous.
stated that the overloaded dockets of Metro
Manila trial judges caused unceasing strain.
RE: SEC. 5
H: In a court resolution, the SC stated that PROMPT DECISION MAKING
no judge can be held to account for an erroneous
decision rendered by him in good faith. However,  Aquino v. Lontok (1990)

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128
supra at Canon 3, Sec. 8 Rule 2.01. A lawyer shall not reject, except for
valid reasons, the cause of the defenseless or
the oppressed.

Rule 2.02. In such cases, even if the lawyer doe


not accept a case, he shall not refuse to render
legal advice to the person concerned if only to
the extent necessary to safeguard the latter’s
rights.

Rule 2.03. A lawyer shall not do or permit to be


ANNEXED CODES OF done any act designed primarily to solicit legal
business.

ETHICS Rule 2.04. A lawyer shall not charge rates lower


than those customarily prescribed unless the
circumstances so warrant.

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 3.01. A lawyer shall not use or permit the


CHAPTER I use of any false, fraudulent, misleading,
THE LAWYER AND SOCIETY deceptive, undignified, self-laudatory or unfair
statement of claim regarding his qualifications of
CANON 1 legal services.

A lawyer shall uphold the constitution, obey the


laws of the land and promote respect for law and Rule 3.02. In the choice of a firm name, no false,
legal processes. misleading or assumed name shall be used. The
continued use of the name of a deceased partner
Rule 1.01. A lawyer shall not engage in unlawful, is permissible provided that the firm indicates in
dishonest, immoral or deceitful conduct all its communications that said partner is
deceased.
Rule 1.02. A lawyer shall not counsel or abet
activities aimed at defiance of the law or at Rule 3.03. Where a partner accepts public office,
lessening confidence in the legal system. he shall withdraw from the firm and his name
shall be dropped from the firm name unless the
Rule 1.03. A lawyer shall not, for any corrupt law allows him to practice law concurrently.
motive or interest, encourage any suit or
proceeding or delay any man’s cause. Rule 3.04. A lawyer shall not pay or give
anything of value to representatives of the mass
Rule 1.04. A lawyer shall encourage his clients to media in anticipation of, or in return for, publicity
avoid, end or settle a controversy if it will admit to attract legal business.
of a fair settlement.
CANON 4
CANON 2
A lawyer shall participate in the development of
A lawyer shall make his legal services available the legal system by initiating or supporting
in an efficient and convenient manner compatible efforts in law reform and in the improvement of
with the independence, integrity and the administration of justice.
effectiveness of the profession.
CANON 5

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A lawyer shall keep abreast of legal Rule 7.03. A lawyer shall not engage in conduct
developments, participate in continuing legal that adversely reflects on his fitness to practice
education programs, support efforts to achieve law nor shall he, whether in public or private life,
high standards in law schools as well as in the behave in a scandalous manner to the discredit
practical training of law students and assist in of the legal profession.
disseminating information regarding the law and
jurisprudence. CANON 8

A lawyer shall conduct himself with courtesy,


fairness and candor toward his professional
colleagues, and shall avoid harassing tactics
CANON 6 against opposing counsel.

Rule 8.01. A lawyer shall not, in his professional


These canons shall apply to lawyers in dealings, use language which is abusive,
government service in the discharge of their offensive or otherwise improper.
official tasks.
Rule 8.02. A lawyer shall not, directly or
indirectly, encroach upon the professional
Rule 6.01. The primary duty of a lawyer engaged employment of another lawyer; however, it is
in public prosecution is not to convict but to see the right of any lawyer, without fear or favor, to
that justice is done. The suppression of facts or give proper advise and assistance to those
the concealment of witnesses capable of seeking relief against unfaithful or neglectful
establishing the innocence of the accused is counsel.
highly reprehensible and is cause of disciplinary
action. CANON 9

A lawyer shall not, directly or indirectly, assist in


Rule 6.02. A lawyer in the government service the unauthorized practice of law.
shall not use his public position to promote or
advance his private interests, nor allow the latter Rule 9.01. A lawyer shall not delegate to any
to interfere with his public duties. unqualified person the performance of any task
which by law may only be performed by a
member of the bar in good standing.
Rule 6.03. A lawyer shall not, after leaving
government service, accept engagement or Rule 9.02. A lawyer shall not divide or stipulate
employment in connection with any matter in to divide a fee for legal services with persons not
which he had intervened in said service. licensed to practice law, except:
a) Where there is a pre-existing agreement
CHAPTER II with a partner or associate that, upon the
THE LAWYER AND THE LEGAL PROFESSION latter’s death, money shall be paid over a
reasonable period of time to his estate or to
CANON 7 the persons specified in the agreement; or
b) Where a lawyer undertakes to complete
A lawyer shall at all times uphold the integrity unfinished legal business of a deceased
and dignity of the legal profession and support lawyer; or
the activities of the integrated bar. c) Where a lawyer or law firm includes non-
lawyer employees in a retirement plan, even
Rule 7.01. A lawyer shall be answerable for if the plan is based in whole or in part, on a
knowingly making a false statement or profit-sharing agreement.
suppressing a material fact, in connection with
his application for admission to the bar. CANON 10

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.

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Rule 12.04. A lawyer shall not unduly delay a
Rule 10.02. A lawyer shall not knowingly case, impede the execution of a judgement or
misquote or misrepresent the contents of a misuse Court processes.
paper, the language or the argument of opposing
counsel, of the text of a decision or authority, or Rule 12.05. A lawyer shall refrain from talking to
knowingly cite as law a provision already this witness during a break or recess in the trial,
rendered inoperative by repeal or amendment, while the witness is still under examination.
or assert as a fact that which has not been
proved. Rule 12.06. A lawyer shall not knowingly assist a
witness to misrepresent himself or to
Rule 10.03. A lawyer shall observe the rules of impersonate another.
procedure and shall not misuse them to defeat
the ends of justice. Rule 12.07. A lawyer shall not abuse, browbeat
or harass a witness nor needlessly inconvenience
CANON 11 him.

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

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because of his own opinion regarding the guilt of Rule 15.07. A lawyer shall impress upon his
said person client compliance with the laws and the principles
of fairness.
Rule 14.02. A lawyer shall not decline, except for
serious and sufficient cause, an appointment as Rule 15.08. A lawyer who is engaged in another
counsel de oficio or as amicus curiae, or a profession or occupation concurrently with the
request from the IBP or any of its chapters for practice of law shall make clear to his client
rendition of free legal aid. whether he is acting as a lawyer or in another
capacity.
Rule 14.03. A lawyer may not refuse to accept
representation of an indigent unless:
a) he is in no position to carry out the work
effectively or competently CANON 16
b) he labours under a conflict of interest
between him and the prospective client or A lawyer shall hold in trust all moneys and
between a present client and the prospective properties of his client that may come to his
client possession.

Rule 14.04. A lawyer who accepts the cause of a


Rule 16.01. A lawyer shall account for all money
person unable to pay his professional fees shall
or property collected or received for or from the
observe the same standard of conduct governing
client.
his relations with paying clients.
Rule 16.02. A lawyer shall keep the funds of
CANON 15
each client separate and apart from his own and
those of others kept by him.
A lawyer shall observe candor, fairness and
loyalty in all his dealings and transactions with
Rule 16.03. A lawyer shall deliver the funds and
his clients.
property of his client when due or upon demand.
However, he shall have a lien over the funds and
Rule 15.01. A lawyer, in conferring with a may apply so much thereof as may be necessary
prospective client, shall ascertain as soon as to satisfy his lawful fees and disbursements,
practicable whether the matter would involve a giving notice promptly thereafter to his client.
conflict with another client or his own interest, He shall also have a lien to the same extent on
and if so, shall forthwith inform the prospective all judgements and executions he has secured
client. for his client as provided in the RoC.

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

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132
client, he can obtain as collaborating counsel a h) The contingency or certainty of
lawyer who is competent on the matter. compensation;
i) The character of the employment, whether
Rule 18.02. A lawyer shall not handle any legal occasional or established; and
matter without adequate preparation. j) The professional standing of the lawyer.

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

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133
services are utilized by him, from disclosing or WHEREAS, at the Round Table Meeting of Chief
using confidences or secrets of the clients. Justices held at the Peace Palace, The Hague, on
25-26 November 2002, at which the Philippine
Rule 21.06. A lawyer shall avoid indiscreet Supreme Court was represented by the Chief
conversation about a client's affairs even with Justice and Associate Justice Reynato S. Puno,
members of his family. the Bangalore Draft of the Code of Judicial
Conduct adopted by the Judicial Group on
Rule 21.07. A lawyer shall not reveal that he Strengthening Judicial Integrity was deliberated
has been consulted about a particular case upon and approved after incorporating therein
except to avoid possible conflict of interest. several amendments;

WHEREAS, the Bangalore Draft, as amended, is


intended to be the Universal Declaration of
Judicial Standards applicable in all judiciaries;
CANON 22
WHEREAS, the Bangalore Draft is founded upon
A lawyer shall withdraw his services only for a a universal recognition that a competent,
good cause and upon notice appropriate in the independent and impartial judiciary is essential if
circumstances. the courts are to fulfill their role in upholding
constitutionalism and the rule of law; that public
Rule 22.01. A lawyer may withdraw his services confidence in the judicial system and in the
in any of the following case: moral authority and integrity of the judiciary is of
a) When the client pursues an illegal or utmost importance in a modern democratic
immoral course of conduct in connection society; and that it is essential that judges,
with the matter he is handling; individually and collectively, respect and honor
b) When the client insists that the lawyer judicial office as a public trust and strive to
pursue conduct violative of these canons and enhance and maintain confidence in the judicial
rules; system;
c) When his inability to work with co-counsel
will not promote the best interest of the WHEREAS, the adoption of the universal
client; declaration of standards for ethical conduct of
d) When the mental or physical condition of the judges embodied in the Bangalore Draft as
lawyer renders it difficult for him to carry out revised at the Round Table Conference of Chief
the employment effectively; Justices at The Hague is imperative not only to
e) When the client deliberately fails to pay the update and correlate the Code of Judicial
fees for the services or fails to comply with Conduct and the Canons of Judicial Ethics
the retainer agreement; adopted for the Philippines, but also to stress the
f) When the lawyer is elected or appointed to Philippines' solidarity with the universal clamor
public office; and for a universal code of judicial ethics.
g) Other similar cases.
Now, THEREFORE, the Court hereby adopts this
Rule 22.02. A lawyer who withdraws or is New Code of Judicial Conduct for the Philippine
discharged shall, subject to a retainer lien, Judiciary:
immediately turn over all papers and property to
which the client is entitled, and shall cooperative CANON 1
with his successor in the orderly transfer of the INDEPENDENCE
matter, including all information necessary for
the proper handling of the matter. Judicial independence is a pre-requisite to the
rule of law and a fundamental guarantee of a fair
trial. A judge shall therefore uphold and
exemplify judicial independence in both its
individual and institutional aspects.
A.M. No. 03-05-01-SC
Sec. 1. Judges shall exercise the judicial function
ADOPTING THE NEW CODE OF
independently on the basis of their assessment
JUDICIAL CONDUCT FOR THE of the facts and in accordance with a
PHIL. JUDICIARY conscientious understanding of the law, free of
(June 1, 2004) any extraneous influence, inducement, pressure,
threat or interference, direct or indirect, from
any quarter or for any reason.

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Sec. 2. In performing judicial duties, Judges shall CANON 3
be independent from judicial colleagues in IMPARTIALITY
respect of decisions which the judge is obliged to
make independently. Impartiality is essential to the proper discharge
of the judicial office. It applies not only to the
Sec. 3. Judges shall refrain from influencing in decision itself but also to the process by which
any manner the outcome of litigation or dispute the decision is made.
pending before another court or administrative
agency. Sec. 1. Judges shall perform their judicial duties
without favor, bias or prejudice.
Sec. 4. Judges shall not allow family, social, or
other relationships to influence judicial conduct Sec. 2. Judges shall ensure that his or her
or judgment. The prestige of judicial office shall conduct, both in and out of court, maintains and
not be used or lent to advance the private enhances the confidence of the public, the legal
interests of others, nor convey or permit others profession and litigants in the impartiality of the
to convey the impression that they are in a judge and of the judiciary.
special position to influence the judge.
Sec. 3. Judges shall, so far as is reasonable, so
Sec. 5. Judges shall not only be free from conduct themselves as to minimize the occasions
inappropriate connections with, and influence by, on which it will be necessary for them to be
the executive and legislative branches of disqualified from hearing or deciding cases.
government, but must also appear to be free
therefrom to a reasonable observer. . Sec. 4. Judges shall not knowingly, while a
proceeding is before, or could come before, them
Sec. 6. Judges shall be independent in relation to make any comment that might reasonably be
society in general and in relation to the particular expected to affect the outcome of such
parties to a dispute which he or she has to proceeding or impair the manifest fairness of the
adjudicate. process. Nor shall judges make any comment in
public or otherwise that might affect the fair trial
Sec. 7. Judges shall encourage and uphold of any person or issue.
safeguards for the discharge of judicial duties in
order to maintain and enhance the institutional Sec. 5. Judges shall disqualify themselves from
and operational independence of the judiciary. participating in any proceedings in which they
are unable to decide the matter impartially or in
Sec. 8. Judges shall exhibit and promote high which it may appear to a reasonable observer
standards of judicial conduct in order to reinforce that they are unable to decide the matter
public confidence in the judiciary which is impartially. Such proceedings include, but are
fundamental to the maintenance of judicial not limited to, instances where
independence. (h) The judge has actual bias or prejudice
concerning a party or personal
CANON 2 knowledge of disputed evidentiary facts
INTEGRITY concerning the proceedings;
(i) The judge previously served as a lawyer
Integrity is essential not only to the proper or was a material witness in the matter
discharge of the judicial office but also to the in controversy;
personal demeanor of judges. (j) The judge, or a member of his or her
family, has an economic interest in the
Sec. 1. Judges shall ensure that not only is their outcome of the matter in controversy;
conduct above reproach, but that it is perceived (k) The judge served as executor,
to be so in the view of a reasonable observer. administrator, guardian, trustee or
lawyer in the case or matter in
Sec. 2. The behavior and conduct of judges must controversy, or a former associate of
reaffirm the people's faith in the integrity of the the judge served as counsel during their
judiciary. Justice must not merely be done but association, or the judge or lawyer was
must also be seen to be done. a material witness therein;
(l) The judge's ruling in a lower court is the
Sec. 3. Judges should take or initiate appropriate subject of review;
disciplinary measures against lawyers or court (m) The judge is related by consanguinity or
personnel for unprofessional conduct of which affinity to a party litigant within the
the judge may have become aware. sixth civil degree or to counsel within
the fourth civil degree; or

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(n) The judge knows that his or her spouse such a manner as to preserve the dignity of the
or child has a financial interest, as heir, judicial office and the impartiality and
legatee, creditor, fiduciary, or independence of the judiciary.
otherwise, in the subject matter in
controversy or in a party to the Sec. 7. Judges shall inform themselves about
proceeding, or any other interest that their personal fiduciary financial interests and
could be substantially affected by the shall make reasonable efforts to be informed
outcome of the proceedings; about the financial interests of members of their
family.
Sec. 6. A judge disqualified as stated above may,
instead of withdrawing from the proceeding, Sec. 8. Judges shall not use or lend the prestige
disclose on the records the basis of of the judicial office to advance their private
disqualification. If, based on such disclosure, the interests, or those of a member of their family or
parties and lawyers independently of the judge's of anyone else, nor shall they convey or permit
participation, all agree in writing that the reason others to convey the impression that anyone is
for the inhibition is immaterial or unsubstantial, in a special position improperly to influence them
the judge may then participate in the in the performance of judicial duties.
proceeding. The agreement, signed by all parties
and lawyers, shall be incorporated in the record Sec. 9. Confidential information acquired by
of the proceedings. judges in their judicial capacity shall not be used
or disclosed by for any other purpose related to
CANON 4 their judicial duties.
PROPRIETY
Sec. 10. Subject to the proper performance of
Propriety and the appearance of propriety are judicial duties, judges may
essential to the performance of all the activities (d) Write, lecture, teach and participate in
of a. judge. activities concerning the law, the legal
system, the administration of justice or
Sec. 1. Judges shall avoid impropriety and the related matters;
appearance of impropriety in all of their (e) Appear at a public hearing before an official
activities. body concerned with matters relating to the
law, the legal system, the administration of
Sec. 2. As a subject of constant public scrutiny, justice or related matters;
judges must accept personal restrictions that (f) Engage in other activities if such activities do
might be viewed as burdensome by the ordinary not detract from the dignity of the judicial
citizen and should do so freely and willingly. In office or otherwise interfere with the
particular, judges shall conduct themselves in a performance of judicial duties.
way that is consistent with the dignity of the
judicial office. Sec. 11. Judges shall not practice law whilst the
holder of judicial office.
Sec. 3. Judges shall, in their personal relations
with individual members of the legal profession Sec. 12. Judges may form or join associations of
who practice regularly in their court, avoid judges or participate in other organizations
situations which might reasonably give rise to representing the interests of judges.
the suspicion or appearance of favoritism or
partiality. Sec. 13. Judges and members of their families
shall neither ask for, nor accept, any gift,
Sec. 4. Judges shall not participate in the bequest, loan or favor in relation to anything
determination of a case in which any member of done or to be done or omitted to be done by him
their family represents a litigant or is associated or her in connection with the performance of
in any manner with the case. judicial duties.

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

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receive a token gift, award or benefit as responsibilities in court and the making of
appropriate to the occasion on which it is made decisions, but also other tasks relevant to the
provided that such gift, award or benefit might judicial office or the court's operations.
not reasonably be perceived as intended to
influence the judge in the performance of judicial Sec. 3. Judges shall take reasonable steps to
duties or otherwise give rise to an appearance of maintain and enhance their knowledge, skills and
partiality. personal qualities necessary for the proper
performance of judicial duties, taking advantage
CANON 5 for this purpose of the training and other
EQUALITY facilities which should be made available, under
judicial control, to judges.
Ensuring equality of treatment to all before the
courts is essential to the due performance of the Sec. 4. Judges shall keep themselves informed
judicial office. about relevant developments of international
law, including international conventions and
Sec. 1. Judges shall be aware of, and other instruments establishing human rights
understand, diversity in society and differences norms.
arising from various sources, including but not
limited to race, color, sex, religion, national Sec. 5. Judges shall perform all judicial duties,
origin, caste, disability, age, marital status, including the delivery of reserved decisions,
sexual orientation, social and economic status efficiently, fairly and with reasonable
and other like causes. promptness.

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

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are embodied in this Code: Provided, however,
that in case of deficiency or absence of specific
provisions in this New Code, the Canons of
Judicial Ethics and the Code of Judicial Conduct ANNEXED RULES OF
shall be applicable in a suppletory character.
COURT
This New Code of Judicial Conduct for the
Philippine Judiciary shall take effect on the first
day of June 2004, following its publication not
later than 15 May 2004 in two newspapers of
large circulation in the Philippines to ensure its RULE 138
widest publicity. ATTORNEYS AND ADMISSION TO BAR

Promulgated this 27th day of April 2004.

[As amended by SC Resolutions dated May 20,


1968 and February 13, 1992.]

Sec 1. Who may practice law.—Any person


heretofore duly admitted as a member of the
bar, or hereafter admitted as such in accordance
with the provisions of this rule, and who is in
good and regular standing, is entitled to practice
law.

Sec. 2. Requirements for all applicants for


admission to the bar.—Every applicant for
admission as a member of the bar must be a
citizen of the Philippines, at least twenty-one
years of age, of good moral character, and a
resident of the Philippines; and must produce
before the Supreme Court satisfactory evidence
of good moral character, and that no charges
against him, involving moral turpitude, have
been filed or are pending in any court in the
Philippines.

Sec. 3. Requirements for lawyers who are


citizens of the United States of America.—
Citizens of the USA who, before July 4, 1946,
were duly licensed members of the Philippine
Bar, in active practice in the courts of the
Philippines and in good and regular standing as
such may, upon satisfactory proof of those facts
before the Supreme Court, be allowed to
continue such practice after taking the following
oath of office: "I,
_________________________, having been
permitted to continue in the practice of law in
the Philippines, do solemnly swear that I
recognize the supreme authority of the Republic
of the Philippines; I will support its Constitution
and obey the laws as well as the legal orders of
the duly constituted authorities therein; I will do
no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or
sue any groundless, false or unlawful suit, nor
give aid nor consent to the same; I will delay no
man for money or malice, and will conduct

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myself as a lawyer according to the best of my section 2 of this rule at least 15 days before the
knowledge and discretion with all good fidelity as beginning of the examination. If not embraced
well to the courts as to my clients; and I impose within sections 3 and 4 of this rule they shall also
upon myself this voluntary obligation without file within the same period the affidavit and
any mental reservation or purpose of evasion. certificate required by section 5, and if embraced
So help me God." within sections 3 and 4 they shall exhibit a
license evidencing the fact of their admission to
Sec. 4. Requirements for applicants from other practice, satisfactory evidence that the same has
jurisdictions.—Applicants for admission who, not been revoked, and certificates as to their
being Filipino citizens, are enrolled attorneys in professional standing. Applicants shall also file at
good standing in the Supreme Court of the the same time their own affidavits as to their
United States or in any circuit court of appeals or age, residence, and citizenship.
district court therein, or in the highest court of
any State or Territory of the United States, and Sec. 8. Notice of applications.—Notice of
who can show by satisfactory certificates that applications for admission shall be published by
they have practiced at least five years in any of the clerk of the Supreme Court in newspapers
said courts, that such practice began before July published in Pilipino, English and Spanish, for at
4, 1946, and that they have never been least 10 days before the beginning of the
suspended or disbarred, may, in the discretion of examination.
the Court, be admitted without examination.
Sec. 9. Examination; subjects.—Applicants, not
Sec. 5. Additional requirements for other otherwise provided for in sections 3 and 4 of this
applicants.—All applicants for admission other rule, shall be subjected to examinations in the
than those referred to in the two preceding following subjects: Civil Law; Labor and Social
sections shall, before being admitted to the Legislation; Mercantile Law; Criminal Law;
examination, satisfactorily show that they have Political Law (Constitutional Law, Public
regularly studied law for four years, and Corporations, and Public Officers); International
successfully completed all prescribed courses, in Law (Private and Public); Taxation; Remedial
a law school or university, officially approved and Law (Civil Procedure, Criminal Procedure, and
recognized by the Secretary of Education. The Evidence); Legal Ethics and Practical Exercises
affidavit of the candidate, accompanied by a (in Pleading and Conveyancing).
certificate from the university or school of law,
shall be filed as evidence of such facts, and Sec. 10. Bar examination, by questions and
further evidence may be required by the court. answers, and in writing.—Persons taking the
No applicant shall be admitted to the bar examination shall not bring papers, books or
examinations unless he has satisfactorily notes into the examination rooms. The questions
completed the following courses in a law school shall be the same for all examinees and a copy
or university duly recognized by the thereof, in English or Spanish, shall be given to
government: civil law, commercial law, remedial each examinee. Examinees shall answer the
law, criminal law, public and private international questions personally without help from anyone.
law, political law, labor and social legislation, Upon verified application made by an examinee
medical jurisprudence, taxation and legal ethics. stating that his penmanship is so poor that it will
be difficult to read his answers without much loss
Sec. 6. Pre-Law.—No applicant for admission to of time, the Supreme Court may allow such
the bar examination shall be admitted unless he examinee to use a typewriter in answering the
presents a certificate that he has satisfied the questions. Only noiseless typewriters shall be
Secretary of Education that, before he began the allowed to be used.
study of law, he had pursued and satisfactorily The committee of bar examiners shall take such
completed in an authorized and recognized precautions as are necessary to prevent the
university or college, requiring for admission substitution of papers or commission of other
thereto the completion of a four-year high school frauds. Examinees shall not place their names on
course, the course of study prescribed therein for the examination papers. No oral examination
a bachelor's degree in arts or sciences with any shall be given.
of the following subjects as major or field of
concentration: political science, logic, english, Sec. 11. Annual examination.—Examinations for
spanish, history and economics. admission to the bar of the Philippines shall take
place annually in the City of Manila. They shall
Sec. 7. Time for filing proof of qualifications.—All be held in four days to be designated by the
applicants for admission shall file with the clerk chairman of the committee on bar examiners.
of the Supreme Court the evidence required by The subjects shall be distributed as follows:

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1st day:Political and International Law (morning) Sec. 16. Failing candidates to take review
and Labor and Social Legislation course.—Candidates who have failed the bar
(afternoon); examinations for three times shall be disqualified
2nd day: Civil Law (morning) and Taxation from taking another examination unless they
(afternoon); show to the satisfaction of the court that they
3rd day: Mercantile Law (morning) and Criminal have enrolled in and passed regular fourth year
Law (afternoon); review classes as well as attended a pre-bar
4th day: Remedial Law (morning) and Legal review course in a recognized law school.
Ethics and Practical Exercises The professors of the individual review subjects
(afternoon). attended by the candidates under this rule shall
certify under oath that the candidates have
Sec. 12. Committee of examiners.—Examinations regularly attended classes and passed the
shall be conducted by a committee of bar subjects under the same conditions as ordinary
examiners to be appointed by the Supreme students and the ratings obtained by them in the
Court. This committee shall be composed of a particular subject.
Justice of the Supreme Court, who shall act as
chairman, and who shall be designated by the Sec. 17. Admission and oath of successful
court to serve for one year, and eight members applicants.—An applicant who has passed the
of the bar of the Philippines, who shall hold office required examination, or has been otherwise
for a period of one year. The names of the found to be entitled to admission to the bar,
members of this committee shall be published in shall take and subscribe before the Supreme
each volume of the official reports. Court the corresponding oath of office.

Sec. 13. Disciplinary measures.—No candidate


shall endeavor to influence any member of the Sec. 18. Certificate.—The SC shall thereupon
committee, and during examination the admit the applicant as a member of the bar for
candidates shall not communicate with each all the courts of the Philippines, and shall direct
other nor shall they give or receive any an order to be entered to that effect upon its
assistance. The candidate who violates this records, and that a certificate of such record be
provision, or any other provision of this rule, given to him by the clerk of court, which
shall be barred from the examination, and the certificate shall be his authority to practice.
same to count as a failure against him, and
further disciplinary action, including permanent Sec. 19. Attorneys' roll. - The clerk of the SC
disqualification, may be taken in the discretion of shall keep a roll of all attorneys admitted to
the court. practice, which roll shall be signed by the person
admitted when he receives his certificate.
Sec. 14. Passing average.—In order that a Sec. 20. Duties of attorneys.--It is the duty of an
candidate may be deemed to have passed his attorney:
examinations successfully, he must have j) To maintain allegiance to the Republic of the
obtained a general average of 75 % in all Philippines and to support the Constitution
subjects, without falling below 50 % in any and obey the laws of the Philippines;
subject. In determining the average, the k) To observe and maintain the respect due to
subjects in the examination shall be given the the courts of justice and judicial officers;
following relative weights: Civil Law, 15 %;
Labor and Social Legislation, 10 %; Mercantile l) To counsel or maintain such actions or
Law, 15 %; Criminal Law; 10 %; Political and proceedings only as appear to him to be
International Law, 15 %; Taxation, 10 %; just, and such defenses only as he believes
Remedial Law, 20 %; Legal Ethics and Practical to be honestly debatable under the law;
Exercises, 5 %. m) To employ, for the purpose of maintaining
the causes confided to him, such means only
Sec. 15. Report of the committee; filing of as are consistent with truth and honor, and
examination papers.—Not later than February never seek to mislead the judge or any
15th after the examination, or as soon thereafter judicial officer by an artifice or false
as may be practicable, the committee shall file statement of fact or law;
its reports on the result of such examination. The n) To maintain inviolate the confidence, and at
examination papers and notes of the committee every peril to himself, to preserve the
shall be fixed with the clerk and may there be secrets of his client, and to accept no
examined by the parties in interest, after the compensation in connection with his client's
court has approved the report. business except from him or with his
knowledge and approval;

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o) To abstain from all offensive personality and and recover from his client no more than a
to advance no fact prejudicial to the honor or reasonable compensation for his services, with a
reputation of a party or witness, unless view to the importance of the subject matter of
required by the justice of the cause with the controversy, the extent of the services
which he is charged; rendered, and the professional standing of the
attorney. No court shall be bound by the opinion
p) Not to encourage either the commencement
of attorneys as expert witnesses as to the proper
or the continuance of an action or compensation, but may disregard such testimony
proceeding, or delay any man's cause, from and base its conclusion on its own professional
any corrupt motive or interest; knowledge. A written contract for services shall
q) Never to reject, for any consideration control the amount to be paid therefor unless
personal to himself, the cause of the found by the court to be unconscionable or
defenseless or oppressed; unreasonable.
r) In the defense of a person accused of crime,
by all fair and honorable means, regardless Sec. 25. Unlawful retention of client's funds;
of his personal opinion as to the guilt of the contempt.—When an attorney unjustly retains in
accused, to present every defense that the his hands money of his client after it has been
law permits, to the end that no person may demanded, he may be punished for contempt as
be deprived of life or liberty, but by due an officer of the Court who has misbehaved in
process of law. his official transactions; but proceedings under
this section shall not be a bar to a criminal
Sec. 21. Authority of attorney to appear.—An prosecution.
attorney is presumed to be properly authorized
to represent any cause in which he appears, and Sec. 26. Change of attorneys.—An attorney may
no written power of attorney is required to retire at any time from any action or special
authorize him to appear in court for his client, proceeding, by the written consent of his client
but the presiding judge may, on motion of either filed in court. He may also retire at any time
party and on reasonable grounds therefor being from an action or special proceeding, without the
shown, require any attorney who assumes the consent of his client, should the court, on notice
right to appear in a case to produce or prove the to the client and attorney, and on hearing,
authority under which he appears, and to determine that he ought to be allowed to retire.
disclose, whenever pertinent to any issue, the In case of substitution, the name of the attorney
name of the person who employed him, and may newly employed shall be entered on the docket
thereupon make such order as justice requires. of the court in place of the former one, and
An attorney wilfully appearing in court for a written notice of the change shall be given to the
person without being employed, unless by leave adverse party.
of the court, may be punished for contempt as A client may at any time dismiss his attorney or
an officer of the court who has misbehaved in his substitute another in his place, but if the
official transactions. contract between client and attorney has been
reduced to writing and the dismissal of the
Sec. 22. Attorney who appears in lower court attorney was without justifiable cause, he shall
presumed to represent client on appeal.—An be entitled to recover from the client the full
attorney who appears de parte in a case before a compensation stipulated in the contract.
lower court shall be presumed to continue However, the attorney may, in the discretion of
representing his client on appeal, unless he files the court, intervene in the case to protect his
a formal petition withdrawing his appearance in rights. For the payment of his compensation the
the appellate court. attorney shall have a lien upon all judgments for
the payment of money, and executions issued in
pursuance of such judgment, rendered in the
Sec. 23. Authority of attorneys to bind clients.— case wherein his services had been retained by
Attorneys have authority to bind their clients in the client.
any case by any agreement in relation thereto
made in writing, and in taking appeals, and in all
matters of ordinary judicial procedure. But they Sec. 27. Attorneys removed or suspended by
cannot, without special authority, compromise Supreme Court on what grounds.—A member of
their client's litigation, or receive anything in the bar may be removed or suspended from his
discharge of a client's claim but the full amount office as attorney by the Supreme Court for any
in cash. deceit, malpractice, or other gross misconduct in
such office, grossly immoral conduct, or by
reason of his conviction of a crime involving
Sec. 24. Compensation of attorneys; agreement moral turpitude, or for any violation of the oath
as to fees.—An attorney shall be entitled to have

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141
which he is required to take before admission to fix in accordance with section 24 of this rule.
practice, or for a wilfull disobedience of any Whenever such compensation is allowed, it shall
lawful order of a superior court, or for corruptly not be less than thirty pesos (P30.00) in any
or wilfully appearing as an attorney for a party to case, nor more than the following amounts: (1)
a case without authority so to do. The practice of Fifty pesos (P50.00) in light felonies; (2) One
soliciting cases at law for the purpose of gain, hundred pesos (P100.00) in less grave felonies;
either personally or through paid agents or (3) Two hundred pesos (P200.00) in grave
brokers, constitutes malpractice. felonies other than capital offenses; (4) Five
hundred pesos (P500.00) in capital offenses.
Sec. 28. Suspension of attorney by the Court of
Appeals or a Court of First Instance.—The Court Sec. 33. Standing in court of persons authorized
of Appeals or a Court of First Instance may to appear for Government.—Any official or other
suspend an attorney from practice for any of the person appointed or designated in accordance
causes named in the last preceding section, and with law to appear for the Government of the
after such suspension such attorney shall not Philippines shall have all the rights of a duly
practice his profession until further action of the authorized member of the bar to appear in any
Supreme Court in the premises. case in which said government has an interest
direct or indirect.
Sec. 29. Upon suspension by Court of Appeals or
Court of First Instance, further proceedings in Sec. 34. By whom litigation conducted.—In the
Supreme Court.—Upon such suspension, the court of a justice of the peace a party may
Court of Appeals or the Court of First Instance conduct his litigation in person, with the aid of an
shall forthwith transmit to the Supreme Court a agent or friend appointed by him for that
certified copy of the order or suspension and a purpose, or with the aid of an attorney. In any
full statement of the facts upon which the same other court, a party may conduct his litigation
was based. Upon the receipt of such certified personally or by aid of an attorney, and his
copy and statement, the Supreme Court shall appearance must be either personal or by a duly
make full investigation of the facts involved and authorized member of the bar.
make such order revoking or extending the
suspension, or removing the attorney from his
office as such, as the facts warrant. Sec. 35. Certain attorneys not to practice.—No
judge or other official or employee of the
superior courts or of the Office of the Solicitor
Sec. 30. Attorney to be heard before removal or General, shall engage in private practice as a
suspension.—No attorney shall be removed or member of the bar or give professional advice to
suspended from the practice of his profession, clients.
until he has had full opportunity upon reasonable
notice to answer the charges against him, to Sec. 36. Amicus curiae.—The court may, in
produce witnesses in his own behalf, and to be special cases, and upon proper application,
heard by himself or counsel. But if upon permit the appearance, as amici curiae, of those
reasonable notice he fails to appear and answer lawyers who in its opinion can help in the
the accusation, the court may proceed to disposition of the matter before it; or it may, on
determine the matter ex parte. its own initiative, invite prominent attorneys to
appear as amici curiae in such special cases.
Sec. 31. Attorneys for destitute litigants.—A
court may assign an attorney to render Sec. 37. Attorneys' liens.—An attorney shall have
professional aid free of charge to any party in a a lien upon the funds, documents and papers of
case, if upon investigation it appears that the his client which have lawfully come into his
party is destitute and unable to employ an possession and may retain the same until his
attorney, and that the services of counsel are lawful fees and disbursements have been paid,
necessary to secure the ends of justice and to and may apply such funds to the satisfaction
protect the rights of the party. It shall be the thereof. He shall also have a lien to the same
duty of the attorney so assigned to render the extent upon all judgments for the payment of
required service, unless he is excused therefrom money, and executions issued in pursuance of
by the court for sufficient cause shown. such judgments, which he has secured in a
litigation of his client, from and after the time
Sec. 32. Compensation for attorneys de oficio.— when he shall have caused a statement of his
Subject to availability of funds as may be claim of such lien to be entered upon the records
provided by law the court may, in its discretion, of the court rendering such judgment, or issuing
order an attorney employed as counsel de oficio such execution, and shall have caused written
to be compensated in such sum as the court may notice thereof to be delivered to his client and to

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the adverse party; and he shall have the same (June 1, 1988)
right and power over such judgments and [Outlined]
executions as his client would have to enforce his
lien and secure the payment of his just fees and
disbursements.

A. HOW INSTITUTED AND BY WHOM

Sec 1. How instituted. - Proceedings for


disbarment, suspension or discipline of attorneys
may be taken by the SC motu proprio, or by the
IBP upon the verified complaint of any person.
The complaint shall state clearly and concisely
the facts complained of and shall be supported
by affidavits of persons having personal
RULE 138-A knowledge of the facts therein alleged and/or by
LAW STUDENT PRACTICE RULE such documents as may substantiate said facts.
(Dec. 18, 1986) The IBP Board of Governors may, motu proprio
or upon referral by the SC or by a Chapter Board
of Officers, or at the instance of any person,
initiate and prosecute proper charges against
Sec 1. Conditions for student practice.—A law erring attorneys including those in the
student who has successfully complete his 3rd government service;
year of the regular 4 year prescribed law Provided, however, that all charges against
curriculum and is enrolled in a recognized law Justices of the Court of Tax Appeals and the
school’s clinical legal education program Sandiganbayan, and Judges of the Court of Tax
approved by the SC, may appear without Appeals and lower courts, even if lawyers are
compensation in any civil, criminal or jointly charged with them, shall be filed with the
administrative case before any trial court, Supreme Court;
tribunal, board or officer, to represent indigent Provided, further, that charges filed against
clients accepted by the legal clinic of the law Justices and Judges before the IBP, including
school. those filed prior to their appointment in the
Judiciary, shall immediately be forwarded to the
Sec 2. Appearance.—The appearance of the law Supreme Court for disposition and adjudication.
student authorized by this rule, shall be under Six (6) copies of the verified complaint shall be
the direct supervision and control of a member filed with the Secretary of the IBP or the
of the IBP duly accredited by the law school. Secretary of any of its chapters who shall
Any pleadings, motions, briefs, memoranda or forthwith transmit the same to the IBP Board of
other papers to be filed, must be signed by the Governors for assignment to an investigator.
supervising attorney for and in behalf of the legal
clinic. B. GROUNDS

Sec 3. Privileged Communication.—The Rules See Rule 138 Sec. 27 supra


safeguarding privileged communications between
attorney and client shall apply to similar C. PROCEEDINGS IN THE IBP
communications made to or received by the law
student, acting for the legal clinic. 1. Assignment to Investigator

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

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their counsel, pecuniary interest, personal bias, 4. Investigation Proper
or his having acted as counsel for either party,
unless the parties sign and enter upon the record Sec. 7. Administrative counsel. - The IBP Board
their written consent to his acting as such of Governors shall appoint a suitable member of
Investigator. the Integrated Bar as counsel to assist the
Where the Investigator does not disqualify complainant or the respondent during the
himself, a party may appeal to the IBP Board of investigation in case of need for such assistance.
Governors, which by majority vote of the
members present, there being a quorum, may Sec. 8. Investigation. - Upon joinder of issues or
order his disqualification. Any Investigator may upon failure of the respondent to answer, the
also be removed for cause, after due hearing, by Investigator shall, with deliberate speed, proceed
the vote of at least 6 members of the IBP Board with the investigation of the case. He shall have
Governors. The decision of the Board of the power to issue subpoenas and administer
Governors in all cases of disqualification or oaths. The respondent shall be given full
removal shall be final. opportunity to defend himself, to present
witnesses on his behalf and be heard by himself
Sec. 3. Duties of the National Grievance and counsel. However, if upon reasonable
Investigator. - The National Grievance notice, the respondent fails to appear, the
Investigators shall investigate all complaint investigation shall proceed ex parte.
against members of the Integrated Bar referred The Investigator shall terminate the investigation
to them by the IBP Board of Governors. within 3 months from the date of its
commencement unless extended for good cause
by the Board of Governors upon prior
Sec. 4. Chapter assistance to complainant. - The application.
proper IBP Chapter may assist the Willfull failure or refusal to obey a subpoena or
complainant(s) in the preparation and filing of any other lawful order issued by the Investigator
his complaint(s). shall be dealt with as for indirect contempt of
court. The corresponding charge shall be filed by
2. Service on Respondent the Investigator before the IBP Board of
Governors which shall require the alleged
Sec. 5. Service or dismissal. - If the complaint contemptor to show cause within ten (10) days
appears to be meritorious, the Investigator shall from notice. The IBP Board of Governors may
direct that a copy thereof be served upon the thereafter conduct hearings, if necessary, in
respondent, requiring him to answer the same accordance with the procedure set forth in this
within 15 days from the date of service. Rule for hearings before the Investigator. Such
If the complaint does not merit action, or if the hearing shall, as far as practicable, be
answer shows to the satisfaction of the terminated within fifteen (15) days from its
Investigator that the complaint is not commencement. Thereafter, the IBP Board of
meritorious, the same may be dismissed by the Governors shall within like period fifteen (15)
Board of Governors upon his recommendation. A days issue a resolution setting forth its findings
copy of the resolution of dismissal shall be and recommendations, which `shall forthwith be
furnished the complainant and the SC which may transmitted to the Supreme Court for final action
review the case motu proprio or upon timely and if warranted, the imposition of penalty.
appeal of the complainant filed within 15 days
from notice of the dismissal of the complainant. Sec. 9. Depositions. - Depositions may be taken
No investigation shall be interrupted or in accordance with the Rules of Court with leave
terminated by reason of the (1) desistance, (2) of the investigator(s).
settlement, (3) compromise, (4) restitution, (5) Within the Philippines, depositions may be taken
withdrawal of the charges, or (6) failure of the before any member of the Board of Governors,
complainant to prosecute the same. the President of any Chapter, or any officer
authorized by law to administer oaths.
3. Answer Depositions may be taken outside the Philippines
before a diplomatic or consular representative of
the Philippine Government or before any person
Sec. 6. Verification and service of answer. - The agreed upon by the parties or designated by the
answer shall be verified. The original and 5 Board of Governors.
legible copies of the answer shall be filed with Any suitable members of the Integrated Bar in
the Investigator, with proof of service of a copy the place where a deposition shall be taken may
thereof on the complainant or his counsel. be designated by the Investigator to assist the

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complainant or the respondent in taking a case shall be deemed terminated unless
deposition. upon petition of the complainant or other
interested party filed with the Supreme
5. Report Court within 15 days from notice of the
Board’s resolution, the Supreme Court
orders otherwise.
Sec. 10. Report of Investigator. - Not later than
30 days from the termination of the
d. Notice of the resolution or decision of the
investigation, the Investigator shall submit a Board shall be given to all parties through
report containing his findings of fact and their counsel. A copy of the same shall be
recommendations to the IBP Board of Governors, transmitted to the Supreme Court.
together with the stenographic notes and the
transcripts thereof and all the evidence D. PROCEEDINGS IN THE SUPREME COURT
presented during the investigation. The
submission of the report need not await the Sec. 13. Supreme Court Investigators. - In
transcription of the stenographic notes, it being proceedings initiated motu proprio by the SC in
sufficient that the report reproduce substantially other proceedings when the interest of justice so
from the Investigator's personal notes any requires, the SC may refer the case for
relevant and pertinent testimonies. investigation to the Solicitor General or to any
officer of the SC or judge of a lower court, in
Sec. 11. Defects. - No defect in a complaint, which case, the investigation shall proceed in the
notice, answer, or in the proceeding or the same manner provided in Sections 6 to 11
Investigator's Report shall be considered as hereof, save that the review report of the
substantial unless the Board of Governors, upon investigation shall be conducted directly by the
considering the whole record, finds that such Supreme Court.
defect has resulted or may result in a
miscarriage of justice, in which event the Board Sec. 14. Report of the Solicitor General or other
shall take such remedial action as the Court designated investigator. - Based upon the
circumstance may warrant, including invalidation evidence adduced at the investigation, the
of the entire proceedings. Solicitor General or other Investigator designated
by the SC shall submit to the SC a resolution
6 Decision or Review containing his findings of fact and
recommendations together the record and all the
Sec. 12. View and decision by the Board of evidence presented in the investigation for the
Governors.— final action of the SC.
a. Every case heard by an investigator shall be
reviewed by the IBP Board of Governors E. EFFECTS
upon the record and evidence transmitted to
it by the Investigator with his report. The Sec. 15. Suspension of attorneys by Supreme
decision of the Board upon such review shall Court. - After receipt of respondent's answer or
be in writing and shall clearly and distinctly lapse of the period therefor, the Supreme Court,
state the facts and the reasons on which it is motu proprio, or at the instance of the IBP Board
based. It shall be promulgated within a of Governors upon the recommendation of the
period not exceeding thirty (30) days from Investigator, may suspend an attorney from the
the next meeting of the Board following the practice of his profession for any of the causes
submittal of the Investigator's Report specified in Rule 138, Section 27, during the
b. If the Board, by the vote of a majority of its pendency of the investigation until such
total membership, determines that the suspension is lifted by the Supreme Court.
respondent should be suspended from the
practice of law or disbarred, it shall issue a Sec. 16. Suspension of attorney by the Court of
resolution setting forth its findings and Appeals or Regional Trial Court. - The Court of
recommendations which, together with the Appeals or Regional Trial Court may suspend an
whole record of the case, shall forthwith be attorney from practice for any of the causes
transmitted to the SC for final action. named in Rule 138, Section 27, until further
c. If the respondent is exonerated by the Board action of the Supreme Court in the case.
or the disciplinary sanction imposed by it is
less than suspension or disbarment (such as Sec. 17. Upon suspension by Court of Appeals or
admonition, [warning,] reprimand, or fine) it Regional Trial Court, further proceedings in
shall issue a decision exonerating Supreme Court. - Upon such suspension, the
respondent or imposing such sanction. The Court of Appeals or a Regional Trial Court shall

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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forthwith transmit to the Supreme Court a The complaint shall be in writing and shall state
certified copy of the order of suspension and a clearly and concisely the acts and omissions
full statement of the facts upon which the same constituting violations of standards of conduct
was based. Upon receipt of such certified copy prescribed for Judges by law, the RoC, or the
and statement, the Supreme Court shall make a Code of Judicial Conduct.
full investigation of the case and may revoke,
shorten or extend the suspension, or disbar the Sec. 2. Action on complaint.—If the complaint is
attorney as the facts may warrant. sufficient in form and substance, a copy thereof
shall be served upon the respondent and he shall
Sec. 18. Confidentiality. - Proceedings against be required to comment within 10 days from the
attorneys shall be private and confidential. date of service. Otherwise, the same shall be
However, the final order of the Supreme Court dismissed.
shall be published like its decisions in other
cases. Sec. 3. By whom complaint investigated.—Upon
the filing of respondent’s comment, or upon the
Sec. 19. Expenses. - All reasonable and expiration of the time for filing the same and
necessary expenses incurred in relation to unless other pleading or documents are required,
disciplinary and disbarment proceedings are the Court shall (1) refer the matter to the Office
lawful charges forthwith the parties may be of the Court Administrator for evaluation, report
taxed as costs. and recommendation or (2) assign the case for
investigation, report and recommendation to a
EFFECTIVITY retired member of the SC, if the respondent is a
Justice of the CA and the Sandiganbayan, or (3)
to a Justice of the CA if the respondent is a
Sec. 20. Effectivity and Transitory Provision. - Judge of a RTC or of a special court of equivalent
This Rule shall take effect on June 1, 1988 and rank, or (4) to a Judge of the RTC if the
shall supersede the present Rule 139 entitled respondent is a Judge of an inferior court.
"DISBARMENT OR SUSPENSION OF
ATTORNEYS". All cases pending investigation by
the Office of the Solicitor General shall be Sec. 4. Hearing. The investigating Justice or
transferred to the Integrated Bar of the Judge shall set a day for the hearing and send
Philippines Board of Governors for investigation notice thereof to both parties. At such hearing,
and disposition as provided in this Rule except the parties may present oral and documentary
those cases where the investigation has been evidence. If after due notice, the respondent
substantially completed. fails to appear, the investigation shall proceed ex
parte.
Investigating Justice of Judge shall terminate the
investigation within 90 days from the date of its
commencement or within an extension as the SC
may grant.
RULE 140
CHARGES AGAINST JUDGES OF FIRST
INSTANCE Sec. 5. Report. Within 30 days from the
(as amended by A.M. No. 01-8-10 SC) termination of the investigation, the investigating
(Oct. 1. 2001) Justice or Judge shall submit to the SC a report
containing the findings of fact and
recommendation. The report shall be
accompanied by the record containing the
evidence and the pleadings filed by the parties.
Sec. 1. How Instituted.—Proceedings for the The report shall be confidential and shall be for
discipline of Judges of regular and special courts the exclusive se for the Court.
and Justices of the CA and the Sandiganbayan
may be instituted (1) motu propio by the SC or Sec. 6. Action—The Court shall take such notice
(2) upon a verified complaint, supported by on the report as the facts and the law may
affidavits of persons who have personal warrant.
knowledge of the facts alleged therein or by
documents which may substantiate said Sec. 7. Classification of Charges. Administrative
allegations or (3) upon an anonymous complaint, charges are classified as serious, less serious or
supported by public records of indubitable light.
integrity.

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Sec. 8. Serious Charges. Serious charges any public office, including government-
include: owned or controlled corporations.
1. Bribery, direct of indirect; Provided, however, that the forfeiture of
benefits shall in no case include accrued
2. Dishonesty and violations of the Anti-Graft
leave credits;
and Corrupt Practices Law (RA 3019);
2. Suspension form office without salary
3. Gross misconduct constituting violations of and other benefits for more than 3 but
the Code of Judicial Conduct not exceeding 6 months, or
4. Knowingly rendering an unjust judgement or 3. A fine of more than P20,000 but not
order as determined by a competent court in exceeding P40,000
an appropriate proceeding;
B. If the respondent is guilty of a less serious
5. Conviction of a crime involving moral
charge, any of the following sanctions shall
turpitude; be imposed.
6. Willful failure to pay a just debt; 1. Suspension form office without salary
7. Borrowing money or property from lawyers and other benefits for not less than 1
and litigants in a case pending before the month not more than 3 months; or
court; 2. A fine of more than P10,000 but not
8. Immorality; exceeding P20,000
9. Gross ignorance of the law or procedure; C. If the respondent is guilty of a light charge,
10. Partisan political activities; and any of the following sanctions shall be
imposed.
11. Alcoholism and / or vicious habits.
1. A fine of not less than P1,000 but not
exceeding 10,000 and / or
Sec. 9. Less Serious Charges—Less serious
charges include:
2. Censure;

1. Undue delay in rendering a decision or order, 3. Reprimand;


or in transmitting the records of a case; 4. Admonition with warning.
2. Frequent and unjustified absences without
leave or habitual tardiness; Sec. 12. Confidentiality of Proceedings.—
3. Unauthorized practice of law; Proceedings against Judges of regular and
special courts and Justices of the CA and the
4. Violations of SC rules, directives and Sandiganbayan shall be private and confidential,
circulars; but a copy of the decision or resolution of the
5. Receiving additional or double compensation, Court shall be attached to the record of the
unless specifically authorized by law; respondent in the Office of the Court
6. Untruthful statements in the certificate of Administrator.
service; and
7. Simple misconduct. These amendments to Rule 140 shall take effect
on Oct. 1, 2001 following their publication in 2
newspapers of general circulation on or before
Sec. 10 Light Charges—Light charges include: Sept. 15, 2001.
1. Vulgar and unbecoming conduct;
2. Gambling in public;
3. Fraternizing with lawyers and litigants with
pending case / cases in his court; and
4. Undue delay in the submission of monthly ANNEXED ETC.
reports.
SUPREME COURT
Sec. 11 Sanctions—
A. If the respondent is guilty of a serious ISSUANCES
charge, any of the following sanctions may
be imposed:
1. Dismissal from the service, forfeiture of
all or part of the benefits as the Court
A.M. No. 02-9-02
may determine, and disqualifications
from reinstatement or appointment to

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Sec. 2. Purposes. - These Rules shall be applied
A.M. No. 02-9-02 Re: Automatic conversion of and construed to advance the following
some administrative cases against Justices of the purposes:
CA and the Sandiganbyan; Judges of Regular a. to promote, serve, and protect public
and Special Courts; and court officials who are interest;
lawyers as disciplinary proceedings against them b. to simplify, clarify, and modernize the
both as such officials and as Members of the rules governing notaries public; and
Philippine Bar. c. to foster ethical conduct among notaries
public.

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;

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b. copies or supervises the copying of the bearing the photograph and signature of the
instrument or document; individual; or
c. compares the instrument or document b. the oath or affirmation of one credible
with the copy; and witness not privy to the instrument,
d. determines that the copy is accurate and document or transaction who is personally
complete. known to the notary public and who
personally knows the individual, or of two
Sec. 5. Notarial Register. - "Notarial Register" credible witnesses neither of whom is privy
refers to a permanently bound book with to the instrument, document or transaction
numbered pages containing a chronological who each personally knows the individual
record of notarial acts performed by a notary and shows to the notary public documentary
public. identification.

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

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Sec. 1. Qualifications. - A notarial commission The Executive Judge shall forthwith issue a
may be issued by an Executive Judge to any commission and a Certificate of Authorization to
qualified person who submits a petition in Purchase a Notarial Seal in favor of the
accordance with these Rules. petitioner.
To be eligible for commissioning as notary public,
the petitioner: Sec. 5. Notice of Summary Hearing. –
1. must be a citizen of the Philippines; a) The notice of
2. must be over twenty-one (21) years of age; summary hearing shall be published in a
3. must be a resident in the Philippines for at newspaper of general circulation in the city
least one (1) year and maintains a regular or province where the hearing shall be
place of work or business in the city or conducted and posted in a conspicuous place
province where the commission is to be in the offices of the Executive Judge and of
issued; the Clerk of Court. The cost of the
4. must be a member of the Philippine Bar in publication shall be borne by the petitioner.
good standing with clearances from the The notice may include more than one
Office of the Bar Confidant of the Supreme petitioner.
Court and the Integrated Bar of the b) The notice
Philippines; and shall be substantially in the following form;
5. must not have been convicted in the first NOTICE OF HEARING
instance of any crime involving moral Notice is hereby given that a summary hearing
turpitude. on the petition for notarial commission of (name
of petitioner) shall be held on (date) at (place) at
Sec. 2. Form of the Petition and Supporting (time). Any person who has any cause or reason
Documents. - Every petition for a notarial to object to the grant of the petition may file a
commission shall be in writing, verified, and shall verified written opposition thereto, received by
include the following: the undersigned before the date of the summary
a) a statement containing the hearing.
petitioner's personal qualifications, including ______________
the petitioner's date of birth, residence, Executive Judge
telephone number, professional tax receipt,
roll of attorney's number and IBP Sec. 6. Opposition to Petition. - Any person who
membership number; , has any cause or reason to object to the grant of
b) certification of good moral the petition may file a verified written opposition
character of the petitioner by at least two thereto. The opposition must be received by the
(2) executive officers of the local chapter of Executive Judge before the date of the summary
the Integrated Bar of the Philippines where hearing.
he is applying for commission;
c) proof of payment for the filing of Sec. 7. Form of Notarial Commission. - The
the petition as required by these Rules; and commissioning of a notary public shall be in a
d) three (3) passport-size color formal order signed by the Executive Judge
photographs with light background taken substantially in the following form:
within thirty (30) days of the application.
The photograph should not be retouched. REPUBLIC OF THE PHILIPPINES
The petitioner shall sign his name at the REGIONAL TRIAL COURT OF ______________
bottom part of the photographs. This is to certify that (name of notary public) of
(regular place of work or business) in (city or
Sec. 3. Application Fee. - Every petitioner for a province) was on this (date) day of (month) two
notarial commission shall pay the application fee thousand and (year) commissioned by the
as prescribed in the Rules of Court. undersigned as a notary public, within and for
the said jurisdiction, for a term ending the thirty-
Sec. 4. Summary Hearing on the Petition. - The first day of December (year)
Executive Judge shall conduct a summary _______________
hearing on the petition and shall grant the same Executive Judge
if:
a) the petition is sufficient in form and Sec. 8. Period Of Validity of Certificate of
substance; Authorization to Purchase a Notarial Seal. - The
b) the petitioner proves the allegations Certificate of Authorization to Purchase a Notarial
contained in the petition; and Seal shall be valid for a period of three (3)
c) the petitioner establishes to the satisfaction months from date of issue, unless extended by
of the Executive Judge that he has read and the Executive Judge.
fully understood these Rules.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
150
A mark, image or impression of the seal that The notary public thus removed from the
may be purchased by the notary public pursuant Register of Notaries Public may only be
to the Certificate shall be presented to the reinstated therein after he is issued a new
Executive Judge for approval prior to use. commission in accordance with these Rules.

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.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
151
2) the signature of the notary consideration, except as provided by these
public is affixed in the presence of two Rules and by law; or
disinterested and unaffected witnesses (c) is a
to the instrument or document; spouse, common-law partner, ancestor,
3) both witnesses sign their own descendant, or relative by affinity or
names ; consanguinity of the principal within the
4) the notary public writes below fourth civil degree.
his signature: "Signature affixed by
notary in presence of (names and Sec. 4. Refusal to Notarize. - A notary public
addresses of person and two \2] shall not perform any notarial act described in
witnesses)"; and these Rules for any person requesting such an
5) the notary public notarizes his act even if he tenders the appropriate fee
signature by acknowledgment or jurat. specified by these Rules if:
(a) the notary
Sec. 2. Prohibitions. – knows or has good reason to believe that the
notarial act or transaction is unlawful or
a) A notary public shall
immoral;
not perform a notarial act outside his regular (b) the
place of work or business; provided, signatory shows a demeanor which
however, that on certain exceptional engenders in the mind of the notary public
occasions or situations, a notarial act may be reasonable doubt as to the former's
performed at the request of the parties in knowledge of the consequences of the
the following sites located within his transaction requiring a notarial act; and
territorial jurisdiction: (c) in the
(1) public offices, notary's judgment, the signatory is not
convention halls, and similar places acting of his or her own free will.
where oaths of office may be
administered; Sec. 5. False or Incomplete Certificate. - A
(2) public function notary public shall not:
areas in hotels and similar places for the (a) execute a certificate
signing of instruments or documents containing information known or believed by
requiring notarization; the notary to be false.
(3) hospitals and (b) affix an official
other medical institutions where a party signature or seal on a notarial certificate that
to an instrument or document is is incomplete.
confined for treatment; and
(4) any place Sec. 6. Improper Instruments or Documents. - A
where a party to an instrument or notary public shall not notarize:
document requiring notarization is under (a) a blank or
detention. incomplete instrument or document; or
b) A person shall not (b) an instrument or
perform a notarial act if the person involved document without appropriate notarial
as signatory to the instrument or document - certification.
(1) is not in the
notary's presence personally at the time RULE V
of the notarization; and FEES OF NOTARY PUBLIC
(2) is not
personally known to the notary public or Sec. 1. Imposition and Waiver of Fees. - For
otherwise identified by the notary public performing a notarial act, a notary public may
through competent evidence of identity charge the maximum fee as prescribed by the
as defined by these Rules. Supreme Court unless he waives the fee in whole
or in part.
Sec. 3. Disqualifications. - A notary public is
disqualified from performing a notarial act if he: Sec. 2. Travel Fees and Expenses. - A notary
(a) is a public may charge travel fees and expenses
party to the instrument or document that is separate and apart from the notarial fees
to be notarized; prescribed in the preceding section when
(b) will traveling to perform a notarial act if the notary
receive, as a direct or indirect result, any public and the person requesting the notarial act
commission, fee, advantage, right, title, agree prior to the travel.
interest, cash, property, or other

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
152
Sec. 3. Prohibited Fees. - No fee or (3) the type of
compensation of any kind, except those notarial act;
expressly prescribed and allowed herein, shall be (4) the title or
collected or received for any notarial service. description of the instrument, document
or proceeding;
Sec. 4. Payment or Refund of Fees. - A notary (5) the name and
public shall not require payment of any fees address of each principal;
specified herein prior to the performance of a (6) the
notarial act unless otherwise agreed upon. competent evidence of identity as
Any travel fees and expenses paid to a notary defined by these Rules if the signatory is
public prior to the performance of a notarial act not personally known to the notary;
are not subject to refund if the notary public had (7) the name and
already traveled but failed to complete in whole address of each credible witness
or in part the notarial act for reasons beyond his swearing to or affirming the person's
control and without negligence on his part. identity;
(8) the fee
Sec. 5. Notice of Fees. - A notary public who charged for the notarial act;
charges a fee for notarial services shall issue a (9) the address
receipt registered with the Bureau of Internal where the notarization was performed if
Revenue and keep a journal of notarial fees. He not in the notary's regular place of work
shall enter in the journal all fees charged for or business; and
services rendered. (10) any other
A notary public shall post in a conspicuous place circumstance the notary public may
in his office a complete schedule of chargeable deem of significance or relevance.
notarial fees. (b) A notary public shall
record in the notarial register the reasons
RULE VI and circumstances for not completing a
NOTARIAL REGISTER notarial act.
(c) A notary public shall
Sec. 1. Form of Notarial Register. – record in the notarial register the
(a) A notary public shall keep, circumstances of any request to inspect or
maintain, protect and provide for lawful copy an entry in the notarial register,
inspection as provided in these Rules, a including the requester's name, address,
chronological official notarial register of signature, thumbmark or other recognized
notarial acts consisting of a permanently identifier, and evidence of identity. The
bound book with numbered pages. reasons for refusal to allow inspection or
The register shall be kept in books to be copying of a journal entry shall also be
furnished by the Solicitor General to any recorded.
notary public upon request and upon (d) When the
payment of the cost thereof. The register instrument or document is a contract, the
shall be duly paged, and on the first page, notary public shall keep an original copy
the Solicitor General shall certify the number thereof as part of his records and enter in
of pages of which the book consists. said records a brief description of the
For purposes of this provision, a substance thereof and shall give to each
Memorandum of Agreement or entry a consecutive number, beginning with
Understanding may be entered into by the number one in each calendar year. He shall
Office of the Solicitor General and the Office also retain a duplicate original copy for the
of the Court Administrator. Clerk of Court.
(b) A notary/ public shall keep only (e) The notary public
one active notarial register at any given shall give to each instrument or document
time. executed, sworn to, or acknowledged before
him a number corresponding to the one in
Sec. 2. Entries in the Notarial Register. – his register, and shall also state on the
(a) For every notarial instrument or document the page/s of his
act, the notary shall record in the notarial register on which the same is recorded. No
register at the time of notarization the blank line shall be left between entries.
following: (f) In case of a protest
(1) the entry of any draft, bill of exchange or promissory
number and page number; note, the notary public shall make a full and
(2) the date and true record of all proceedings in relation
time of day of the notarial act; thereto and shall note therein whether the

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
153
demand for the sum of money was made, by officer in the course of an official
whom, when, and where; whether he investigation or by virtue of a court order.
presented such draft, bill or note; whether (c) If the notary public
notices were given, to whom and in what has a reasonable ground to believe that a
manner; where the same was made, when person has a criminal intent or wrongful
and to whom and where directed; and of motive in requesting information from the
every other fact touching the same. notarial register, the notary shall deny
(g) At the end of each access to any entry or entries therein.
week, the notary public shall certify in his
notarial register the number of instruments Sec. 5. Loss, Destruction or Damage of Notarial
or documents executed, sworn to, Register. –
acknowledged, or protested before him; or if (a) In case the notarial register is stolen,
none, this certificate shall show this fact. lost, destroyed, damaged, or otherwise
(h) A certified copy of rendered unusable or illegible as a record of
each month's entries and a duplicate original notarial acts, the notary public shall, within
copy of any instrument acknowledged before ten (10) days after informing the appropriate
the notary public shall, within the first ten law enforcement agency in the case of theft
(10) days of the month following, be or vandalism, notify the Executive Judge by
forwarded to the Clerk of Court and shall be any means providing a proper receipt or
under the responsibility of such officer. If acknowledgment, including registered mail
there is no entry to certify for the month, and also provide a copy or number of any
the notary shall forward a statement to this pertinent police report.
effect in lieu of certified copies herein (b) Upon revocation or expiration of a
required. notarial commission, or death of the notary
public, the notarial register and notarial
Sec. 3. Signatures and Thumbmarks. - At the records shall immediately be delivered to the
time of notarization, the notary's notarial register office of the Executive Judge.
shall be signed or a thumb or other mark affixed
by each: Sec. 6. Issuance of Certified True Copies. - The
(a) principal; notary public shall supply a certified true copy of
(b) credible witness swearing or affirming to the notarial record, or any part thereof, to any
the identity of a principal; and person applying for such copy upon payment of
(c) witness to a signature by thumb or other the legal fees.
mark, or to a signing by the notary public on
behalf of a person physically unable to sign. RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
Sec. 4. Inspection, Copying and Disposal. –
(a) In the notary's Sec. 1. Official Signature. - In notarizing a paper
presence, any person may inspect an entry instrument or document, a notary public shall:
in the notarial register, during regular (a) sign by hand on the notarial certificate
business hours, provided; only the name indicated and as appearing on
(1) the person's the notary's commission;
identity is personally known to the (b) not sign using a facsimile stamp or
notary public or proven through printing device; and
competent evidence of identity as (c) affix his official signature only at the
defined in these Rules; time the notarial act is performed.
(2) the person
affixes a signature and thumb or other Sec. 2. Official Seal. –
mark or other recognized identifier, in (a) Every person commissioned as notary
the notarial .register in a separate, public shall have a seal of office, to be
dated entry; procured at his own expense, which shall not
(3) the person be possessed or owned by any other person.
specifies the month, year, type of It shall be of metal, circular in shape, two
instrument or document, and name of inches in diameter, and shall have the name
the principal in the notarial act or acts of the city or province and the word
sought; and "Philippines" and his own name on the
(4) the person is margin and the roll of attorney's number on
shown only the entry or entries specified the face thereof, with the words "notary
by him. public" across the center. A mark, image or
(b) The notarial register impression of such seal shall be made
may be examined by a law enforcement

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
154
directly on the paper or parchment on which (b) Upon written application and after
the writing appears. payment of the application fee, the
(b) The official seal shall be affixed only at Executive Judge may issue an authorization
the time the notarial act is performed and to sell to a vendor or manufacturer of
shall be clearly impressed by the notary notarial seals after verification and
public on every page of the instrument or investigation of the latter's qualifications.
document notarized. The Executive Judge shall charge an
(c) When not in use, the official seal shall be authorization fee in the amount of Php 4,000
kept safe and secure and shall be accessible for the vendor and Php 8,000 for the
only to the notary public or the person duly manufacturer. If a manufacturer is also a
authorized by him. vendor, he shall only pay the manufacturer's
(d) Within five (5) days after the official seal authorization fee.
of a notary public is stolen, lost, damaged or (c) The authorization shall be in effect for a
other otherwise rendered unserviceable in period of four (4) years from the date of its
affixing a legible image, the notary public, issuance and may be renewed by the
after informing the appropriate law Executive Judge for a similar period upon
enforcement agency, shall notify the payment of the authorization fee mentioned
Executive Judge in writing, providing proper in the preceding paragraph.
receipt or acknowledgment, including (d) A vendor or manufacturer shall not sell a
registered mail, and in the event of a crime seal to a buyer except upon submission of a
committed, provide a copy or entry number certified copy of the commission and the
of the appropriate police record. Upon Certificate of Authorization to Purchase a
receipt of such notice, if found in order by Notarial Seal issued by the Executive Judge.
the Executive Judge, the latter shall order A notary public obtaining a new seal as a
the notary public to cause notice of such loss result of change of name shall present to the
or damage to be published, once a week for vendor or manufacturer a certified copy of
three (3) consecutive weeks, in a newspaper the Confirmation of the Change of Name
of general circulation in the city or province issued by the Executive Judge.
where the notary public is commissioned. (e) Only one seal may be sold by a vendor
Thereafter, the Executive Judge shall issue or manufacturer for each Certificate of
to the notary public a new Certificate of Authorization to Purchase a Notarial Seal,
Authorization to Purchase a Notarial Seal. (f)After the sale, the vendor or manufacturer
(e) Within five (5) days after the death or shall affix a mark, image or impression of
resignation of the notary public, or the the seal to the Certificate of Authorization to
revocation or expiration of a notarial Purchase a Notarial Seal and submit the
commission, the official seal shall be completed Certificate to the Executive Judge.
surrendered to the Executive Judge and shall Copies of the Certificate of Authorization to
be destroyed or defaced in public during Purchase a Notarial Seal and the buyer's
office hours. In the event that the missing, commission shall be kept in the files of the
lost or damaged seal is later found or vendor or manufacturer for four (4) years
surrendered, it shall be delivered by the after the sale.
notary public to the Executive Judge to be (g) A notary public obtaining a new seal as a
disposed of in accordance with this section. result of change of name shall present to the
Failure to effect such surrender shall vendor a certified copy of the order
constitute contempt of court. In the event of confirming the change of name issued by the
death of the notary public, the person in Executive Judge.
possession of the official seal shall have the
duty to surrender it to the Executive Judge. RULE VIII
NOTARIAL CERTIFICATES
Sec. 3. Seal Image. - The notary public shall
affix a single, clear, legible, permanent, and Sec. 1. Form of Notarial Certificate. - The
photographically reproducible mark, image or notarial form used for any notarial instrument or
impression of the official seal beside his document shall conform to all the requisites
signature on the notarial certificate of a paper prescribed herein, the Rules of Court and all
instrument or document. other provisions of issuances by the Supreme
Court and in applicable laws.
Sec. 4. Obtaining and Providing Seal. –
(a) A vendor or manufacturer of notarial Sec. 2. Contents of the Concluding Part of the
seals may not sell said product without a Notarial Certificate. - The notarial certificate shall
written authorization from the Executive include the following:
Judge.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
155
(a) the name of the notary public as exactly performing notarial acts for three (3) months
indicated in the commission; from the date of the change, which may be
(b) the serial number of the commission of extended once for valid and just cause by the
the notary public; Executive Judge for another period not exceeding
(c) the words "Notary Public" and the three (3) months.
province or city where the notary public is
commissioned, the expiration date of the Sec. 2. Resignation. - A notary public may resign
commission, the office address of the notary his commission by personally submitting a
public; and written, dated and signed formal notice to the
(d) the roll of attorney's number, the Executive Judge together with his notarial seal,
professional tax receipt number and the notarial register and records. Effective from the
place and date of issuance thereof, and the date indicated in the notice, he shall immediately
IBP membership number. cease to perform notarial acts. In the event of
his incapacity to personally appear, the
RULE IX submission of the notice may be performed by
CERTIFICATE OF AUTHORITY OF NOTARIES his duly authorized representative.
PUBLIC
Sec. 3. Publication of Resignation. - The
Sec. 1. Certificate of Authority for a Notarial Act. Executive Judge shall immediately order the
- A certificate of authority evidencing the Clerk of Court to post in a conspicuous place in
authenticity of the official seal and signature of a the offices of the Executive Judge and of the
notary public shall be issued by the Executive Clerk of Court the names of notaries public who
Judge upon request in substantially the following have resigned their notarial commissions and the
form: effective dates of their resignation.
CERTIFICATE OF AUTHORITY FOR A NOTARIAL
ACT RULE XI
I, (name, title, jurisdiction of the Executive REVOCATION OF COMMISSION AND
Judge), certify that (name of notary public), the DISCIPLINARY SANCTIONS
person named in the seal and signature on the
attached document, is a Notary Public in and for Sec. 1. Revocation and Administrative Sanctions.
the (City/Municipality/Province) of the Republic –
of the Philippines and authorized to act as such (a) The Executive Judge shall revoke a
at the time of the document's notarization. notarial commission for any ground on which
IN WITNESS WHEREOF, I have affixed below my an application for a commission may be
signature and seal of this office this (date) day of denied.
(month) (year). (b) In addition, the Executive Judge may
_________________ revoke the commission of, or impose
(official signature) appropriate administrative sanctions upon,
(seal of Executive Judge) any notary public who:
(1) fails to keep a notarial register;
RULE X (2) fails to make the proper entry or
CHANGES OF STATUS OF NOTARY PUBLIC entries in his notarial register concerning
his notarial acts;
Sec. 1. Change of Name and Address. (3) fails to send the copy of the
Within ten (10) days after the change of name of entries to the Executive Judge within the
the notary public by court order or by marriage, first ten (10) days of the month
or after ceasing to maintain the regular place of following;
work or business, the notary public shall submit (4) fails to affix to
a signed and dated notice of such fact to the acknowledgments the date of expiration
Executive Judge. of his commission;
The notary public shall not notarize until: (5) fails to submit his notarial
(a) he receives from the register, when filled, to the Executive
Executive Judge a confirmation of the new Judge;
name of the notary public and/or change of (6) fails to make his report, within a
regular place of work or business; and reasonable time, to the Executive Judge
(b) a new seal bearing concerning the performance of his
the new name has been obtained. duties, as may be required by the judge;
The foregoing notwithstanding, until the (7) fails to require the presence of a
aforementioned steps have been completed, the principal at the time of the notarial act;
notary public may continue to use the former
name or regular place of work or business in

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(8) fails to identify a principal on RULE XII
the basis of personal knowledge or SPECIAL PROVISIONS
competent evidence;
(9) executes a false or incomplete Sec. 1. Punishable Acts. - The Executive Judge
certificate under Section 5, Rule IV; shall cause the prosecution of any person who:
(10) knowingly performs or fails to (a) knowingly acts or otherwise
perform any other act prohibited or impersonates a notary public;
mandated by these Rules; and (b) knowingly obtains, conceals, defaces, or
(11) commits any other dereliction or destroys the seal, notarial register, or official
act which in the judgment of the records of a notary public; and
Executive Judge constitutes good cause (c) knowingly solicits, coerces, or in any
for revocation of commission or way influences a notary public to commit
imposition of administrative sanction. official misconduct.
(c) Upon verified complaint by an
interested, affected or aggrieved person, the Sec. 2. Reports to the Supreme Court. - The
notary public shall be required to file a Executive Judge concerned shall submit
verified answer to the complaint. semestral reports to the Supreme Court on
If the answer of the notary public is not discipline and prosecution of notaries public.
satisfactory, the Executive Judge shall
conduct a summary hearing. If the RULE XIII
allegations of the complaint are not proven, REPEALING AND EFFECTIVITY PROVISIONS
the complaint shall be dismissed. If the
charges are duly established, the Executive Sec. 1. Repeal. - All rules and parts of rules,
Judge shall impose the appropriate including issuances of the Supreme Court
administrative sanctions. In either case, the inconsistent herewith, are hereby repealed or
aggrieved party may appeal the decision to accordingly modified.
the Supreme Court for review. Pending the
appeal, an order imposing disciplinary Sec. 2. Effective Date. - These Rules shall take
sanctions shall be immediately executory, effect on the first day of August 2004, and shall
unless otherwise ordered by the Supreme be published in a newspaper of general
Court. circulation in the Philippines which provides
(d) The Executive Judge may motu proprio sufficiently wide circulation.
initiate administrative proceedings against
a notary public, subject to the procedures Promulgated this 6th day of July, 2004.
prescribed in paragraph (c) above and
impose the appropriate administrative
sanctions on the grounds mentioned in
the preceding paragraphs (a) and (b).
B.M. No. 850 August 22, 2000
Sec. 2. Supervision and Monitoring of Notaries MANDATORY CONTINUING LEGAL
Public. - The Executive Judge shall at all times EDUCATION (MCLE)
exercise supervision over notaries public and ADOPTING THE RULES ON MANDATORY
shall closely monitor their activities. CONTINUING LEGAL EDUCATION FOR
MEMBERS OF THE INTEGRATED BAR OF THE
Sec. 3. Publication of Revocations and PHILIPPINES
Administrative Sanctions. - The Executive Judge
shall immediately order the Clerk of Court to
post in a conspicuous place in the offices of the EN BANC
Executive Judge and of the Clerk of Court the RESOLUTION
names of notaries public who have been
administratively sanctioned or whose notarial Considering the Rules on Mandatory Continuing
commissions have been revoked. Legal Education (MCLE) for members of the
Integrated Bar of the Philippines (IBP),
Sec. 4. Death of Notary Public. - If a notary recommended by the IBP, endorsed by the
public dies before fulfilling the obligations in Philippine Judicial Academy, and reviewed and
Section 4(e), Rule VI and Section 2(e), Rule VII, passed upon by the Supreme Court Committee
the Executive Judge, upon being notified of such on Legal Education, the Court hereby resolves to
death, shall forthwith cause compliance with the adopt, as it hereby adopts, the following rules
provisions of these sections. for proper implementation:

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RULE 1
PURPOSE Sec. 3. Compliance Group 2. Members in Luzon
outside NCR shall be permanently assigned to
Sec. 1. Purpose of the MCLE. Continuing legal Compliance Group 2.
education is required of members of the
Integrated Bar of the Philippines (IBP) to ensure Sec. 4. Compliance Group 3. Members in Visayas
that throughout their career, they keep abreast and Mindanao shall be permanently assigned to
with law and jurisprudence, maintain the ethics Compliance Group 3.
of the profession and enhance the standards of
the practice of law. Sec. 5. Compliance period for members admitted
or readmitted after establishment of the
RULE 2 program. Members admitted or readmitted to the
MANDATORY CONTINUING LEGAL EDUCATION Bar after the establishment of the program shall
be permanently assigned to the appropriate
Sec. 1. Constitution of the MCLE Committee. Compliance Group based on their Chapter
Within two (2) months from the approval of membership on the date of admission or
these Rules by the Supreme Court En Banc, the readmission.
MCLE Committee shall be constituted in The initial compliance period after admission or
accordance with these Rules. readmission shall begin on the first day of the
month of admission or readmission and shall end
Sec. 2. Requirements of completion of MCLE. on the same day as that of all other members in
Members of the IBP not exempt under Rule 7 the same Compliance Group.
shall complete, every three (3) years, at least (a) Where four (4) months or less remain of
thirty-six (36) hours of continuing legal the initial compliance period after admission
education activities approved by the MCLE or readmission, the member is not required
Committee. Of the 36 hours: to comply with the program requirement for
(a) At least six (6) hours shall be devoted to the initial compliance.
legal ethics. (b) Where more than four (4) months
(b) At least (4) hours shall be devoted to remain of the initial compliance period after
trial and pretrial skills. admission or readmission, the member shall
(c) At least five (5) hours shall be devoted be required to complete a number of hours
to alternative dispute resolution. of approved continuing legal education
(d) At least nine (9) hours shall be devoted activities equal to the number of months
to updates on substantive and procedural remaining in the compliance period in which
laws, and jurisprudence. the member is admitted or readmitted. Such
(e) At least four (4) hours shall be devoted member shall be required to complete a
to legal writing and oral advocacy. number of hours of education in legal ethics
(f) At least two (2) hours shall be devoted in proportion to the number of months
to international law and international remaining in the compliance period.
conventions. Fractions of hours shall be rounded up to the
(g) The remaining six (6) hours shall be next whole number.
devoted to such subjects as may be
prescribed by the MCLE Committee. RULE 4
COMPUTATION OF CREDIT UNITS
RULE 3
COMPLIANCE PERIOD Sec. 1. Guidelines The following are the
guidelines for computation of credit units (CU):
Sec. 1. Initial compliance period. The initial PROGRAMS; CREDIT UNITS; SUPPORTING
compliance period shall begin not later than DOCUMENTS
three (3) months from the constitution of the 1. SEMINARS, CONVENTIONS,
MCLE Committee. Except for the initial CONFERENCES, SYMPOSIA, IN-HOUSE
compliance period for members admitted or EDUCATION PROGRAMS, WORKSHOPS,
readmitted after the establishment of the DIALOGUES, ROUND TABLE DISCUSSIONS
program, all compliance periods shall be for BY APPROVED PROVIDERS UNDER RULE 7
thirty-six (36) months and shall begin the day AND OTHER RELATED RULES
after the end of the previous compliance period. 1.1 PARTICIPANT 1 CU PER
HOUR CERTIFICATE OF ATTENDANCE
Sec. 2. Compliance Group 1. Members in the WITH NUMBER OF HOURS
National Capital Region (NCR) or Metro Manila 1.2 1.2 LECTURER 5 CU PER
shall be permanently assigned to Compliance HOUR PHOTOCOPY OF PLAQUE OR
Group 1. SPONSOR'S CERTIFICATION

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1.3 RESOURCE 3 CU PER HOUR (c) Teaching in a law school or lecturing in a
PHOTOCOPY OF PLAQUE OR SPONSOR'S bar review class.
SPEAKER CERTIFICATION
1.4 ASSIGNED 2 CU PER HOUR Sec. 3. Claim for non-participatory credit Non-
CERTIFICATION FROM SPONSORING participatory credit may be claimed per
PENALIST/ ORGANIZATION compliance period for:
REACTOR/COMMENTATOR (a) Preparing, as an author or co-author,
1.5 MODERATOR/ 2 CU PER written materials published or accepted for
HOUR CERTIFICATION FROM publication, e.g., in the form of an article,
SPONSORING COORDINATOR/ chapter, book, or book review which
ORGANIZATION FACILITATOR contribute to the legal education of the
2. AUTHORSHIP, EDITING AND REVIEW author member, which were not prepared in
2.1 RESEARCH/ 5-10 CREDIT the ordinary course of the member's practice
UNITS DULY CERTIFIED/PUBLISHED or employment.
INNOVATIVE TECHNICAL REPORT/PAPER (b) Editing a law book, law journal or legal
PROGRAM/CREATIVE PROJECT newsletter.
2.2 BOOK 50-100 PP 101+
PUBLISHED BOOK SINGLE AUTHOR 12- RULE 6
16 CU 17-20 CU COMPUTATION OF CREDIT HOURS
2 AUTHORS 10-12 CU 13-16 CU
3 OR MORE 5-6 CU 7-11 CU Sec. 1. Computation of credit hours. Credit hours
2.3 BOOK EDITOR 1/2 OF THE are computed based on actual time spent in an
CU OF PUBLISHED BOOK WITH PROOF activity (actual instruction or speaking time), in
AUTHORSHIP AS EDITOR CATEGORY hours to the nearest one-quarter hour.
2.4 LEGAL ARTICLE 5-10 PP
11+ PUBLISHED ARTICLE SINGLE RULE 7
AUTHOR 6 CU 8 CU EXEMPTIONS
2 AUTHORS 4 CU 6 CU
3 OR MORE 2 CU 4 CU Sec. 1. Parties exempted from the MCLE. The
2.5 LEGAL 3-6 CU PER ISSUE following members of the Bar are exempt from
PUBLISHED NEWSLETTER/JOURNAL the MCLE requirement:
NEWSLETTER/LAW JOURNAL EDITOR (a) The President and the Vice President of
3. PROFESSIONAL 6 CU PER CHAIR the Philippines, and the Secretaries and
CERTIFICATION OF LAW DEAN CHAIR/BAR 1 Undersecretaries of Executives Departments;
CU PER LECTURE OR BAR REVIEW (b) Senators and Members of the House of
DIRECTOR REVIEW/ HOUR LECTURE/LAW Representatives;
TEACHING (c) The Chief Justice and Associate Justices
of the Supreme Court, incumbent and retired
Sec. 2. Limitation on certain credit units. In members of the judiciary, incumbent
numbers 2 and 3 of the guidelines in the members of the Judicial and Bar Council,
preceding Section, the total maximum credit incumbent members of the Mandatory
units shall not exceed twenty (20) hours per Continuing Legal Education Committee,
three (3) years. incumbent court lawyers who have availed of
the Philippine Judicial Academy program of
RULE 5 continuing judicial education; (as amended
CATEGORIES OF CREDIT by July 14, 2004 Resolution of the SC en
banc)
Sec. 1. Classes of credits The credits are either (d) The Chief State Counsel, Chief State
participatory or non-participatory. Prosecutor and Assistant Secretaries of the
Department of Justice;
Sec. 2. Claim for participatory credit. (e) The Solicitor General and the Assistant
Participatory credit may be claimed for: Solicitor General;
(a) Attending approved education activities (f) The Government Corporate Counsel,
like seminars, conferences, symposia, in- Deputy and Assistant Government Corporate
house education programs, workshops, Counsel;
dialogues or round table discussions. (g) The Chairmen and Members of the
(b) Speaking or lecturing, or acting as Constitutional Commissions;
assigned panelist, reactor, commentator, (h) The Ombudsman, the Overall Deputy
resource speaker, moderator, coordinator or Ombudsman, the Deputy Ombudsmen and
facilitator in approved education activities. the Special Prosecutor of the Office of the
Ombudsman;

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(i) Heads of government agencies (a) The activity shall have significant current
exercising quasi-judicial functions; intellectual or practical content.
(j) Incumbent deans, bar reviews and (b) The activity shall constitute an organized
professors of law who have teaching program of learning related to legal subjects
experience for at least 10 years accredited and the legal profession, including cross
law schools; profession activities (e.g., accounting-tax or
(k) The Chancellor, Vice-Chancellor and medical-legal) that enhance legal skills or
members of the Corps of Professors and the ability to practice law, as well as subjects
Professorial Lectures of the Philippine Judicial in legal writing and oral advocacy.
Academy; and (c) The activity shall be conducted by a
(l) Governors and Mayors. provider with adequate professional
experience.
Sec. 2. Other parties exempted from the MCLE. (d) Where the activity is more than one (1)
The following Members of the Bar are likewise hour in length, substantive written materials
exempt: must be distributed to all participants. Such
(a) Those who are not in law practice, materials must be distributed at or before
private or public. the time the activity is offered.
(b) Those who have retired from law (e) In-house education activities must be
practice with the approval of the IBP Board scheduled at a time and location so as to be
of Governors. free from interruption like telephone calls
and other distractions.
Sec. 3. Good cause for exemption from or
modification of requirement. A member may file RULE 9
a verified request setting forth good cause for APPROVAL OF PROVIDERS
exemption (such as physical disability, illness,
post graduate study abroad, proven expertise in Sec 1. Approval of providers. Approval of
law, etc.) from compliance with or modification providers shall be done by the MCLE Committee.
of any of the requirements, including an
extension of time for compliance, in accordance Sec. 2. Requirements for approval of providers.
with a procedure to be established by the MCLE Any persons or group may be approved as a
Committee. provider for a term of two (2) years, which may
be renewed, upon written application. All
Sec. 4. Change of status. The compliance period providers of continuing legal education activities,
shall begin on the first day of the month in which including in-house providers, are eligible to be
a member ceases to be exempt under Sections approved providers. Application for approval
1, 2, or 3 of this Rule and shall end on the same shall:
day as that of all other members in the same (a) Be submitted on a form provided by the
Compliance Group. IBP;
(b) Contain all information requested on the
Sec. 5. Proof of exemption. Applications for form;
exemption from or modification of the MCLE (c) Be accompanied by the approval fee;
requirement shall be under oath and supported
by documents. Sec. 3. Requirements of all providers. All
approved providers shall agree to the following:
RULE 8 (a) An official record verifying the
STANDARDS FOR APPROVAL OF EDUCATION attendance at the activity shall be
ACTIVITIES maintained by the provider for at least four
(4) years after the completion date. The
Sec. 1. Approval of MCLE program. Subject to provider shall include the member on the
the rules as may be adopted by the MCLE official record of attendance only if the
Committee, continuing legal education program member's signature was obtained at the
may be granted approval in either of two (2) time of attendance at the activity. The
ways: (1) the provider of the activity is an official record of attendance shall contain the
approved provider and certifies that the activity member's name and number in the Roll of
meets the criteria of Section 3 of this Rules; and Attorneys and shall identify the time, date,
(2) the provider is specially mandated by law to location, subject matter, and length of the
provide continuing legal education. education activity. A copy of such record
shall be furnished the IBP.
Sec. 2. Standards for all education activities. All (b) The provider shall certify that:
continuing legal education activities must meet (1) This activity has been approved
the following standards: for MCLE by the IBP in the amount of

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________ hours of which hours will
apply in (legal ethics, etc.), as Sec. 1. Compliance card. Each member shall
appropriate to the content of the secure from the MCLE Committee a Compliance
activity; Card before the end of his compliance period. He
(2) The activity conforms to the shall complete the card by attesting under oath
standards for approved education that he has complied with the education
activities prescribed by these Rules and requirement or that he is exempt, specifying the
such regulations as may be prescribed nature of the exemption. Such Compliance Card
by the IBP pertaining to MCLE. must be returned to the address indicated
(c) The provider shall issue a record or therein not later than the day after the end of
certificate to all participants identifying the the member's compliance period.
time, date, location, subject matter and
length of the activity. Sec. 2. Member record keeping requirement.
(d) The provider shall allow in-person Each member shall maintain sufficient record of
observation of all approved continuing legal compliance or exemption, copy furnished the
education activities by members of the IBP MCLE Committee. The record required to be
Board of Governors, the MCLE Committee, or provided to the members by the provider
designees of the Committee and IBP staff for pursuant to Section 3(c) of Rule 9 should be
purposes of monitoring compliance with sufficient record of attendance at a participatory
these Rules. activity. A record of non-participatory activity
(e) The provider shall indicate in shall also be maintained by the member, as
promotional materials, the nature of the referred to in Section 3 of Rule 5.
activity, the time devoted to each devoted to
each topic and identify of the instructors. RULE 12
The provider shall make available to each NON-COMPLIANCE PROCEDURES
participant a copy of IBP-approved Education
Activity Evaluation Form. Sec. 1. What constitutes non-compliance. The
(f) The provider shall maintain the following shall constitute non-compliance
completed Education Activity Evaluation (a) Failure to complete the education
Forms for a period of not less than one (1) requirement within the compliance period;
year after the activity, copy furnished the (b) Failure to provide attestation of
IBP. compliance or exemption;
(g) Any person or group who conducts an (c) Failure to provide satisfactory evidence
unauthorized activity under this program or of compliance (including evidence of exempt
issues a spurious certificate in violation of status) within the prescribed period;
these Rules shall be subject to appropriate (d) Failure to satisfy the education
sanctions. requirement and furnish evidence of such
compliance within sixty (60) days from
Sec. 4. Renewal of provider approval. The receipt of a non-compliance notice;
approval of a provider may be renewed every (e) Any other act or omission analogous to
two (2) years. It may be denied if the provider any of the foregoing or intended to
fails to comply with any of the requirements of circumvent or evade compliance with the
these Rules or fails to provide satisfactory MCLE requirements.
education activities for the preceding period.
Sec. 2. Non-compliance notice and 60-day
Sec. 5. Revocation of provider approval. The period to attain compliance. A member failing to
approval of any provider referred to in Rule 9 comply will receive a Non-Compliance Notice
may be revoked by a majority vote of the IBP stating the specific deficiency and will be given
Board of Governors, upon recommendation of sixty (60) days from the date of notification to
the MCLE Committee, after notice and hearing explain the deficiency or otherwise show
and for good cause. compliance with the requirements. Such notice
shall contain, among other things, the following
RULE 10 language in capital letters:
ACTIVITY AND PROVIDER APPROVAL FEE YOUR FAILURE TO PROVIDE ADEQUATE
JUSTIFICATION FOR NON-COMPLIANCE
Sec. 1. Payment of fees. Application for approval OR PROOF OF COMPLIANCE WITH THE
of an education activity or as a provider requires MCLE REQUIREMENT BY (INSERT DATE
payment of an appropriate fee. 60 DAYS FROM THE DATE OF NOTICE),
SHALL BE A CAUSE FOR LISTING AS A
RULE 11 DELINQUENT MEMBER.
GENERAL COMPLIANCE PROCEDURES

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[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
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The Member may use this period to attain the associations of law schools and/or law
adequate number of credit hours for compliance. professors.
Credit hours earned during this period may only The members of the Committee shall be of
be counted toward compliance with the prior proven probity and integrity. They shall be
compliance period requirement unless hours in appointed by the Supreme Court for a term of
excess of the requirement are earned, in which three (3) years and shall receive such
case, the excess hours may be counted toward compensation as may be determined by the
meeting the current compliance period Court.
requirement.
Sec. 2. Duty of the Committee.The MCLE
RULE 13 Committee shall administer and adopt such
CONSEQUENCES OF NON-COMPLIANCE implementing rules as may be necessary subject
to the approval by the Supreme Court. It shall,
Sec. 1. Non-compliance fee. A member who, for in consultation with the IBP Board of Governors,
whatever reason, is in non-compliance at the end prescribe a schedule of MCLE fees with the
of the compliance period shall pay a non- approval of the Supreme Court.
compliance fee.
Sec. 3. Staff of the IBP. The IBP shall employ
Sec. 2. Listing as delinquent member. Any such staff as may be necessary to perform the
member who fails to satisfactorily comply with record-keeping, auditing, reporting, approval and
Section 2 of Rule 12 shall be listed as a other necessary functions.
delinquent member by the IBP Board of
Governors upon the recommendation of the Sec. 4. Submission of annual budget. The IBP
MCLE Committee, in which case, Rule 139-A of shall submit to the Supreme Court an annual
the Rules of Court shall apply. budget for a subsidy to establish, operate and
maintain the MCLE Program.
RULE 14 This resolution shall take effect in October 2000,
REINSTATEMENT following its publication in two (2) newspaper of
general circulation in the Philippines.
Sec. 1. Process.The involuntary listing as a
delinquent member shall be terminated when the Adopted this 22nd day of August, 2000.
member provides proof of compliance with the
MCLE requirement, including payment of non-
compliance fee. A member may attain the
necessary credit hours to meet the requirement
for the period of non-compliance during the
period the member is on inactive status. These
credit hours may not be counted toward meeting
the current compliance period requirement.
Credit hours attained during the period of non-
compliance in excess of the number needed to
satisfy the prior compliance period requirement
may be counted toward meeting the current
compliance period requirement.

Sec. 2. Termination of delinquent listing


administrative process. The termination of listing
as a delinquent member is administrative in
nature but it shall be made with notice and
hearing by the MCLE Committee.

RULE 15
MANDATORY CONTINUING LEGAL EDUCATION
COMMITTEE

Sec 1. Composition. The MCLE Committee shall


be composed of five (5) members, namely: a
retired Justice of the Supreme Court, as Chair,
and four (4) members, respectively, nominated
by the IBP, the Philippine Judicial Academy, a
law center designated by the Supreme Court and

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of this Act shall constitute sufficient ground for
disciplinary action which may include suspension
ANNEXED or removal.

LEGISLATIVE AND Sec. 5. This Act shall take effect upon its
EXECUTIVE approval.

ISSUANCES Approved: August 4, 1969

R.A. 6033 (1969)


RA 6034 (1969)

AN ACT REQUIRING COURTS TO GIVE


PREFERENCE TO CRIMINAL CASES WHERE THE AN ACT PROVIDING TRANSPORTATION AND
PARTY OR PARTIES INVOLVE ARE INDIGENTS. OTHER ALLOWANCES FOR INDIGENT LITIGANTS.

Sec. 1. Any provision of existing law to the


Sec. 1. Any provision of existing law to be contrary notwithstanding, any indigent litigant
contrary notwithstanding and with the exception may, upon motion, ask the Court for adequate
of habeas corpus and election cases and cases travel allowance to enable him and his indigent
involving detention prisoners, and persons witnesses to attendant the hearing of a criminal
covered by Republic Act Numbered Four case commenced by his complaint or filed
thousand nine hundred eight, all courts shall give against him. The allowance shall cover actual
preference to the hearing and/or disposition of transportation expenses by the cheapest means
criminal cases where an indigent is involved from his place of residence to the court and
either as the offended party or accused. The trial back. When the hearing of the case requires the
in these cases shall commence within three days presence of the indigent litigant and/or his
from date of arraignment and no postponement indigent witnesses in court the whole day or for
of the hearings shall be granted except on the two or more consecutive days, allowances may,
ground of illness of the accused or other similar in the discretion of the Court, also cover
justifiable grounds. City and provincial fiscals reasonable expenses for meal and lodging.
and courts shall forthwith conduct the For the purpose of this Act, indigent litigants
preliminary investigation of a criminal case shall include anyone who has no visible means of
involving an indigent within three days after its income or whose income is insufficient for his
filing and shall terminate the same within two family as determined by the Court under Section
weeks. 2, hereof.

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

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
163
be appropriated out of the funds in the National b. suspension from office for a
Treasury not otherwise appropriated. period not exceeding thirty (30) days upon
finding of guilt for the first time;
Sec. 4. This Act shall take effect upon its c. (b) suspension from office for
approval. not less than thirty (30) days and not more
than sixty (60) days upon finding of guilt for
Approved: August 4, 1969 the second time; and
d. removal from office upon finding
of guilt for the third time.

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

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
164
Philippines, and pursuant to Proclamation No. WHEREAS, crime and violence continue to
1081, dated September 21, 1972, and General proliferate despite the sustained vigorous efforts
Order No. 1, dated September 22, 1972, as of the government to effectively contain them;
amended, do hereby order and decree as WHEREAS, to discourage public indifference or
follows: apathy towards the apprehension and
prosecution of criminal offenders, it is necessary
Sec. 1. Designation of Municipal Judges and to penalize acts which obstruct or frustrate or
lawyers in any branch of the government tend to obstruct or frustrate the successful
service, as counsel de oficio. In places where apprehension and prosecution of criminal
there are no available practicing lawyers, the offenders;
District Judge or Circuit Criminal Court Judge
shall designate a municipal judge or a lawyer NOW, THEREFORE, I, FERDINAND, E. MARCOS,
employed in any branch, subdivision or President of the Philippines, by virtue of the
instrumentality of the government within the powers vested in me by law do hereby decree
province, as counsel de oficio for an indigent and order the following:
person who is facing a criminal charge before his
court, and the services of such counsel de oficio Section 1. The penalty of prision correccional in
shall be duly compensated by the Government in its maximum period, or a fine ranging from
accordance with Section thirty-two, Rule One 1,000 to 6,000 pesos, or both, shall be imposed
Hundred Thirty Eight of the Rules of Court. upon any person who knowingly or willfully
If the criminal case wherein the services of a obstructs, impedes, frustrates or delays the
counsel de oficio are needed is pending before a apprehension of suspects and the investigation
City or municipal court, the city or municipal and prosecution of criminal cases by committing
judge concerned shall immediately recommend any of the following acts:
to the nearest District Judge the appointment of (a) preventing witnesses from testifying in
a counsel de oficio, and the District Judge shall any criminal proceeding or from reporting
forthwith appoint one in accordance with the the commission of any offense or the identity
preceding paragraph. of any offender/s by means of bribery,
For purposes of this Decree an indigent person is misrepresentation, deceit, intimidation, force
anyone who has no visible means of support or or threats;
whose income does not exceed P300 per month (b) altering, destroying, suppressing or
or whose income even in excess of P300 is concealing any paper, record, document, or
insufficient for the subsistence of his family, object, with intent to impair its verity,
which fact shall be determined by the Judge in authenticity, legibility, availability, or
whose court the case is pending, taking into admissibility as evidence in any investigation
account the number of the members of his family of or official proceedings in, criminal cases,
dependent upon him for subsistence. or to be used in the investigation of, or
official proceedings in, criminal cases;
Sec. 2. Repealing Clause. All laws and decrees (c) harboring or concealing, or facilitating
inconsistent with this Decree are hereby the escape of, any person he knows, or has
repealed. reasonable ground to believe or suspect, has
committed any offense under existing penal
Section 3. Effectivity. This Decree shall take laws in order to prevent his arrest
effect immediately. prosecution and conviction;
(d) publicly using a fictitious name for the
DONE in the City of Manila, this 21st day of purpose of concealing a crime, evading
August, in the year of Our Lord, nineteen prosecution or the execution of a judgment,
hundred and seventy-four. or concealing his true name and other
personal circumstances for the same
purpose or purposes;
(e) delaying the prosecution of criminal
P.D. 1829. (1981) cases by obstructing the service of process
or court orders or disturbing proceedings in
the fiscal's offices, in Tanodbayan, or in the
courts;
PENALIZING OBSTRUCTION OF APPREHENSION (f) making, presenting or using any record,
AND PROSECUTION OF CRIMINAL OFFENDERS document, paper or object with knowledge
of its falsity and with intent to affect the
course or outcome of the investigation of, or
official proceedings in, criminal cases;

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
165
(g) soliciting, accepting, or agreeing to
accept any benefit in consideration of
abstaining from, discounting, or impeding
the prosecution of a criminal offender;
(h) threatening directly or indirectly another
with the infliction of any wrong upon his
person, honor or property or that of any
immediate member or members of his family
in order to prevent such person from
appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in
order to prevent a person from appearing in
the investigation of or in official proceedings
in, criminal cases;
(i) giving of false or fabricated information
to mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the
victim; or fabricating information from the
data gathered in confidence by investigating
authorities for purposes of background
information and not for publication and
publishing or disseminating the same to
mislead the investigator or to the court.
If any of the acts mentioned herein is penalized
by any other law with a higher penalty, the
higher penalty shall be imposed.

Sec. 2. If any of the foregoing acts is committed


by a public official or employee, he shall in
addition to the penalties provided thereunder,
suffer perpetual disqualification from holding
public office.

Sec. 3. This Decree shall take effect


immediately.

Done in the City of Manila, this 16th day of


January, in the year of Our Lord, nineteen
hundred and eighty-one.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]


[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]

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