LEGAL ETHICS
I. THE LEGAL PROFESSION
A. Supervision and Control
Regulated by the Supreme Court and NOT the
PRC.
Const art. VIII, sec. 5(5).
The SC shall have the following powers:
(5) Promulgate rules concerning practice and
procedure in all courts, the admission into the
practice of law, the Integrated Bar.
Const art. XII, sec. 14.
The practice of all professions in the Phils.
shall be limited to Filipino citizens, save in
cases prescribed by law.
The power to integrate the Philippine bar is
given to the SC by the Constitution. (In the
Matter of the IBP (1973))
RA 972, or the Bar Flunkers Act of 1953, was
declared partially unconstitutional as it
encroached upon the powers granted by the
Constitution to the SC in determining the
admission of bar examinees to the bar by
usurping such power through a legislative act.
(In Re: Cunanan (1954))
B. The Practice of Law
Practice of law means any activity, in or out of
court, which requires the application of law,
legal procedure, knowledge, training and
experience. It is to give notice or render any
kind of service, which device or service requires
the use in any degree of legal knowledge or
skill. (Cayetano v. Monsod, 201 SCRA 210
(1991))1
o Padilla, Dissenting
Practice of law means to exercise or
pursue an employment or profession,
actively, habitually, repeatedly or
customarily. There must be continuity or a
succession of acts.
Several factors enumerated by the
Commission on Appointments to determine
practice of law:
(1) Habituality - customarily or frequently
holding ones self out to the public as a
lawyer
1 the bar -- be at least twenty-one years of
FACTS: Monsod after passing the bar, worked in his fathers
firm for one year, then worked as an operations officer in the
World Bank Group. He also worked with the Meralco Group upon
his return to the Philippines, and then became chief executive
officer of an investment bank, legal and economic consultant of
various companies, National Chairman of NAMFREL, member of
the 1986 Constitutional Commission, and then became a
member of the Davide Commission.
Interpreted in the light of the various definitions of
the term practice of law, particularly the modern concept of
law practice, and taking into consideration the liberal
construction intended by the framers of the Constitution, Atty.
Monsods past work experiences as a lawyer-economist, a
lawyer-manager, lawyer-entrepreneur of industry, a lawyer-
negotiator of contracts, and a lawyer-legislator verily more than
satisfy the constitutional requirement that he has been
engaged in the practice of law for at least 10 years.
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(2) Compensation - his professional
services are available to the public for
compensation, as a service of his livelihood
or in consideration of his said services.
(3) Application of law, legal principles,
practice, or procedure - calls for legal
knowledge, training and experience.
(4) Attorney-client relationship- hence,
teaching law or writing law books are not
considered as practice of law.
II. REQUIREMENTS FOR ADMISSION TO THE
PRACTICE OF LAW
QUICK REFERENCE (In Sequence):
1. Citizenship
2. Residence
3. Age (21 yrs +)
4. Good Moral Character
5. Education
6. Bar Examinations
7. Lawyers Oath
KNOW MORE:
I. Citizenship
The practice of all professions in the Philippines
shall be limited to Filipino citizens, save in
cases prescribed by law. (Const. art. XII, sec.
14.)
Every applicant for admission as a member of
the bar must be a citizen of the Philippines
(Rule 138, sec. 2)
A Filipino citizen admitted to the Phil Bar must
maintain such citizenship to remain qualified
for the practice of law in this country (In Re
Arthur Castillo Reyes, (1993))2
II. Residence
Requirements for all applicants for admission to
the bar -- be a resident of the Philippines
(Rule 138, sec. 2)
III. Age: At least 21yrs old
Requirements for all applicants for admission to
age(Rule 138, sec. 2)
IV. Good Moral Character
Requirements for all applicants for admission to
the bar -- must be of good moral character
and must produce before the Supreme Court
satisfactory evidence of good moral character,
and that no charges against him, involving
2
FACTS: Petitioner graduated from UP College of Law in 1939;
passed the bar in 1939; inducted to and served in the US Armed
Forces in the Far East during WWII and thus became eligible for
citizenship under the 1990 US Immigration Act; became a
naturalized citizen of the US in 1993. His name was struck from
the Roll of Attorneys. Only Filipino citizens may practice law in
the Philippines. This requirement is prescribed by the
Constitution, XII 14, and the ROC, 2 Rule 138.
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moral turpitude, have been filed or are pending
in any court in the Philippines. (Rule 138, sec.
2)
No definition and criteria in law for good moral
character (Agpalo)
Justice Felix Frankfurter: moral character =
qualities of truth-speaking, a high sense of
honor, full candor, intellectual honesty, and the
strictest observance of fiduciary responsibility
Good moral character is the absence of a
proven conduct or act which has been
historically and traditionally considered as a
manifestation of moral turpitude. The act or
conduct showing moral turpitude need not
amount to a crime; and even if it does
constitute an offense, a conviction upon a
criminal charge is not necessary to
demonstrate bad moral character although it
may show moral depravity.
Question of moral turpitude is for SC to decide.
Which is why applicants are required to disclose
any crime which they have been charged.
Concealment or withholding from the court
information about charges and indictments is a
ground for disqualification of applicant or for
revocation of license. Even if the crime
concealed does not involve moral turpitude, the
act of concealment makes him/her unfit to be a
lawyer. (Agpalo)
Applicant assumes burden of proof to establish
qualifications in asking admission. But after
having presented prima facie evidence, burden
to overcome the prima facie showing shifts to
those objecting his/her admission. (Agpalo)
An applicant must show that no charges
against him involving moral turpitude, have
been filed or pending in court in the Philippines.
The concealment or withholding from the court
of the fact that an applicant has been charged
with or indicted for an alleged crime is a ground
for disqualification (Agpalo)
V. Legal Education
A. Pre-Law
Pre-Law.No applicant for admission to the bar
examination shall be admitted unless he
present a certificate that he has satisfied the
Sec. of Education that, he began the study of
law, he had pursued and satisfactorily complete
in an authorized and recognized university or
college, requiring for admission thereto the
completion of a four-year high school course,
the course of study prescribed therein for a
bachelors degree in arts or sciences with any
of the following subjects as major or field of
concentration: political science, logic, English,
Spanish, History and Economics. (Rule 138,
sec. 6.)
A college degree must first be obtained before
studying law. Otherwise, one will not be
qualified to take the bar examinations. (In re
Telesforo Diao (1963))
B. Law Proper
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LEGAL ETHICS
Additional Requirements for other applicants.
All applicants for admissionshall, before being
admitted to the examination, satisfactorily
show that they have regularly studied law for
four years, and successfully complete all
prescribed courses, in a law school or
university, officially approved and recognized
by the Sec. of Education. The affidavit of the
candidate, accompanied by a certificate from
the university or school of law, shall be filed as
evidence of such facts, and further evidence
may be required by the court.
No applicant shall be admitted to the bar
examinations unless he has satisfactorily
completed the following course in a law school
or university duly recognized by the
government: civil law, commercial law,
remedial law, criminal law, public and private
international law, political law, labor and social
legislation, medical jurisprudence, taxation and
legal ethics. (Rule 138, sec. 5)
Graduates of foreign law schools shall not be
allowed to take the bar examinations since they
cannot present the certifications required
under sections 5 and 6 of Rule 138 (Re:
Application of Adriano M. Hernandez,
(1993))
VI. Bar Examinations
Time for filing proof of qualifications.all
applicants for admission shall file with the clerk
of the Supreme Court the evidence required by
section 2 of this rule at least 15 days before
the beginning of the examination. If not
embraced within sections 3 and 4 of this rule
they shall also file within the same period the
affidavit and certificate required by section 5,
and if embraced within sections 3 and 4 they
shall exhibit a license evidencing the fact of
their admission to practice, satisfactory
evidence that the same has not been revoked,
and certificates as to their professional
standing. Applicants shall also file at the same
time their own affidavits as to their age,
residence, and citizenship. (Rule 138, Sec. 7)
Notice of applications.Notice of applications
for admission shall be published by the clerk of
the Supreme Court in newspapers published in
Pilipino, English and Spanish, for at least 10
days before the beginning of the examination.
(Rule 138, sec. 8)
Examination; subjects.Applicants, not
otherwise provided for in sections 3 and 4 of
this rule, shall be subjected to examinations in
the following subjects: Civil Law; Labor and
Social Legislation; Mercantile Law; Criminal
Law; Political Law (Constitutional Law, Public
Corporations, and Public Officers); International
Law (Private and Public); Taxation; Remedial
Law (Civil Procedure, Criminal Procedure, and
Evidence); Legal Ethics and Practical Exercises
(in Pleading and Conveyancing). (Rule 138,
sec. 9)
Bar examination, by questions and answers,
and in writing.Persons taking the examination
shall not bring papers, books or notes into the
examination rooms. The questions shall be the
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same for all examinees and a copy thereof, in
English or Spanish, shall be given to each
examinee. Examinees shall answer the
questions personally without help from anyone.
Upon verified application made by an examinee
stating that his penmanship is so poor that it
will be difficult to read his answers without
much loss of time, the Supreme Court may
allow such examinee to use a typewriter in
answering the questions. Only noiseless
typewriters shall be allowed to be used.
The committee of bar examiners shall take
such precautions as are necessary to prevent
the substitution of papers or commission of
other frauds. Examinees shall not place their
names on the examination papers. No oral
examination shall be given. (Rule 138, sec.
10)
Annual examination.Examinations for
admission to the bar of the Philippines shall
take place annually in the City of Manila. They
shall be held in four days to be designated by
the chairman of the committee on bar
examiners. The subjects shall be distributed as
follows:
1st day: Political and International
Law (morning) and
Labor and Social Legislation (afternoon);
2nd day: Civil Law (morning) and
Taxation (afternoon);
3rd day: Mercantile Law (morning) and
Criminal Law (afternoon);
4th day: Remedial Law (morning) and
Legal Ethics and Practical Exercises
(afternoon). (Rule 138, sec. 11.)
Committee of examiners. Examinations shall
be conducted by a committee of bar examiners
to be appointed by the Supreme Court. This
committee shall be composed of a Justice of
the Supreme Court, who shall act as chairman,
and who shall be designated by the court to
serve for one year, 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 reports. (Rule
138, Sec. 12.)
Disciplinary measures.No candidate shall
endeavor to influence any member of the
committee, and during examination the
candidates shall not communicate with each
other nor shall they give or receive any
assistance. The candidate who violates this
provision, or any other provision of this rule,
shall be barred from the examination, and the
same to count as a failure against him, and
further disciplinary action, including permanent
disqualification, may be taken in the discretion
of the court. (Rule 138, Sec. 13)
Passing average.In order that a candidate
may be deemed to have passed his
examinations successfully, he must have
obtained a general average of 75 % in all
subjects, without falling below 50 % in any
subject. In determining the average, the
subjects in the examination shall be given the
following relative weights: Civil Law, 15 %;
Labor and Social Legislation, 10 %; Mercantile
Law, 15 %; Criminal Law; 10 %; Political and
International Law, 15 %; Taxation, 10 %;
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LEGAL ETHICS
Remedial Law, 20 %; Legal Ethics and Practical
Exercises, 5 %. (Rule 138, Sec. 14)
Report of the committee; filing of examination
papers.Not later than February 15th after the
examination, or as soon thereafter as may be
practicable, the committee shall file its reports
on the result of such examination. The
examination papers and notes of the committee
shall be fixed with the clerk and may there be
examined by the parties in interest, after the
court has approved the report. (Rule 138, sec.
15)
Failing candidates to take review course.
Candidates who have failed the bar
examinations for three times shall be
disqualified from taking another examination
unless they show to the satisfaction of the
court that they have enrolled in and passed
regular fourth year review classes as well as
attended a pre-bar review course in a
recognized law school.
The professors of the individual review subjects
attended by the candidates under this rule shall
certify under oath that the candidates have
regularly attended classes and passed the
subjects under the same conditions as ordinary
students and the ratings obtained by them in
the particular subject. (Rule 138, Sec. 16)
Beginning 1994, graduates of foreign law
schools will not be allowed to take the bar (In
Re: Adriano Hernandez (1993))
VII. Lawyers Oath (MEMORIZE!!!)
I _____ , do solemnly swear that I will
maintain allegiance to the RP:
I will support and defend 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 its
commission;
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 not delay any mans cause for money or
malice and will conduct myself as a lawyer
according to the best of my knowledge and
discretion with all good fidelity as well to the
court as to my clients; and
I will impose upon myself this obligation
voluntarily, without any mental reservation or
purpose of evasion.
So help me God.
The lawyers oath is not a mere ceremony or
formality for practicing law. Every lawyer
should at all times weigh his actions according
to the sworn promises he makes when taking
the lawyers oath. If all lawyers conducted
themselves strictly according to the lawyers
oath and the Code of Professional
responsibility, the administration of justice will
undoubtedly fairer, faster and easier for
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everyone concerned. (In Re: Argosino, 270
SCRA 26)
By taking the lawyers oath, a lawyer becomes
the guardian of truth and the rule of law and an
indispensable instrument in the fair and
impartial administration of justice.
Good moral character includes at least common
honesty. Deception and other fraudulent acts
are not merely unacceptable practices that are
disgraceful and dishonorable, they reveal a
basic moral flaw. (Olbes vs. Deciembre, 457
SCRA 341)
WHO ELSE MAY PRACTICE LAW?
General Rule: Only Members of the Bar
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.
(Rule 138, Sec 1.)
3 EXCEPTIONS TO THE GENERAL RULE:
1. Law Students
Law Student Practice Rule
o Qualifications of students who may appear
in court:
1. Must have completed the 3rd year of a
prescribed regular 4-year curriculum (Rule
138-A, Sec.1);
2. Must be enrolled in a recognized law
schools legal education program approved
by the Supreme Court, without
compensation in any civil, criminal or
administrative case before any trial court,
tribunal, board or officer, to represent
indigent clients accepted by the legal clinic
of the law school (Rule 138-A, Sec.1);
3. Must be under the direct supervision and
control of a member of the IBP duly
accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or
other papers to be filed, must be signed by
the supervising attorney for and in behalf
of the legal clinic. (Rule 138-A, Sec.2)
o Meaning of Direct Supervision and Control:
requires no less than the physical presence
of the supervising lawyer during the
hearing.
A law student appearing before the RTC under
Rule 138-A should at all times be accompanied
by a supervising lawyer. (In Re: Need That
Law Student Practicing Under Rule 138-A
Be Actually Supervised During Trial
(1997))
Appearance in Inferior Courts -- A law student
may appear in his personal capacity without
the supervision of a lawyer in inferior courts.
(refer to Rule 138, section 34)
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LEGAL ETHICS
2. Agent
Notes from Agpalo:
o Metropolitan/ Municipal Trial Court: one
may be represented by an agent: In
such cases, no attorney-client
relationship exists; not habitual;
locality where licensed member of bar
is not available; person/resident of
good repute for probity and ability to
aid defendant; NOT IN ANY OTHER
COURT
o Supreme Court can validly authorise a
layman to represent litigant in court
o Question: Can legislature can permit by
law a layman to appear on anothers
behalf in court or administrative
tribunals. Yes, in cadastral courts,
NLRC ok; otherwise NO
o 3 limitations:
layman should confine work
to non-adversarial
contentions
not habitually rendered
not charge for payment
3. Litigation by Party
By whom litigation conducted.In the
court of a justice of the peace (now, MTC)
a party may conduct his litigation in
person, with the aid of an agent or friend
appointed by him for that purpose, or with
the aid of an attorney. In any other court,
a party may conduct his litigation
personally or by aid of an attorney, and
his appearance must be either personal or
by a duly authorized member of the bar.
(Rule 138, Sec. 34)
Notes from Agpalo:
o In a democratic and civilized country
where the rights of a person are
determined in accordance with
established rules, the employment of a
person acquainted with those rules
becomes a necessity both to the
litigants and to the Court. A party
litigant needs the assistance of counsel
in all proceedings, administrative, civil
or criminal.
o When appearance by counsel not
obligatory:
1. In a Municipal Trial Court, a party
may conduct his litigation in person
or with the aid of a friend appointed
by him for that purpose or with an
aid of an attorney.
2. In the RTC and Appellate Courts, a
party in a civil suit may conduct his
litigation either personally or by
attorney unless the party is a
juridical person.
3. And even if he has chosen to
appear by counsel, he may at any
time dispense with the services of
his lawyer and prosecute or defend
his case personally.
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o The right to counsel of an accused is absolute
or immutable. HOWEVER, his option to secure
the services of counsel de parte is not absolute.
The trial court may restrict his option to retain
a counsel de parte if a) the 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 trial court can appoint his
counsel de oficio to represent him. Sec 1 (c) of
Rule 115 provides that an accused may waive
his right to counsel but if he cannot protect his
rights without the assistance of a counsel, the
Court should advise him to secure a counsel de
parte or appoint a counsel de officio to
represent him.
WHO MAY NOT PRACTICE LAW?
I. Relative Prohibition
1. Senators and members of the
House of Representatives
(prohibition to appear) (Art VI,
Sec. 14, 1987 Constitution)
2. Members of the Sanggunian (RA
No. 7160, Sec. 91)
II. Absolute Prohibition
1. All members of the Judiciary
i. Judges and other officials as
employees of the Supreme
Court (Rule 148, Sec. 35
ROC)
ii. Government prosecutors
(People vs. Villanueva 14
SCRA 109)
2. President, Vice President, members
of the cabinet (Art VIII, Sec. 15,
1987 Constitution)
3. Members of Constitutional
Commissions (Art. IX-A, Sec. 2,
1987 Constitution)
4. Ombudsman and his deputies (Art.
IX, Sec. 8 2nd par, 1987
Constitution)
5. Solicitor General and Assistant
Solicitor General
6. All governors, city and municipal
mayors (RA No. 7160, Sec. 90)
7. Those prohibited by special laws
retired members of the judiciary
(RA 910, Sec. 1, as amended)
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LEGAL ETHICS
II. THE CODE OF PROFESSIONAL
RESPONSIBILITY
Legal Ethics, Defined:
Legal Ethics denotes that body of principles by
which the conduct of members of the legal
profession is controlled.
It is that branch of moral science which treats
of the duties which an attorney at law owes to
his clients, to the courts, to the bar and to the
public. (G.A. Malcolm, Legal and Judicial Ethics
8 (1949))
Nature of Office of Attorney:
The title attorney is reserved to those who,
having obtained the necessary degree in the
study of law, and passed the bar examinations,
have been admitted to the Integrated Bar of the
Philippines and remain members thereof of good
standing; and it is they only who are authorized
to practice law in the Philippines.
Privileges of attorney
o A lawyer has the privilege and right to practice
law during good behavior before any judicial,
quasi-judicial or administrative tribunal.
o An attorney enjoys the presumption of
regularity in the discharge of his duty. (i.e. He
is immune, in the performance of his obligation
to his client, from liability to a third person
insofar as he does not materially depart from
his character as a quasi-judicial officer.)
o There are also privileges inherent in his status
as a quasi-judicial officer. (i.e. the law makes
his passing the bar examination equivalent to a
first grade or second grade civil service
eligibility.)
Duties of Attorneys (Rule 138, sec. 20):
It is the duty of an attorney:
a) To maintain allegiance to the Republic of the
Philippines and to support the Constitution and
obey the laws of the Philippines;
b) To observe and maintain the respect due to the
courts of justice and judicial officers;
c) To counsel or maintain such actions or
proceedings only as appear to him to be just,
and such defenses only as he believes to be
honestly debatable under the law;
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 judicial officer
by an artifice or false statement of fact or law;
e) To maintain inviolate the confidence, and at
every peril to himself, to preserve the secrets
of his client, and to accept no compensation in
connection with his client's business except
from him or with his knowledge and approval;
f) To abstain from all offensive personality and to
advance no fact prejudicial to the honor or
reputation of a party or witness, unless
required by the justice of the cause with which
he is charged;
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 LEGAL ETHICS

g) Not to encourage either the commencement or A. The Lawyer and Society

the continuance of an action or proceeding, or
delay any man's cause, from any corrupt
motive or interest; MEMORY AID FOR CANONS UNDER THIS
h) Never to reject, for any consideration personal SECTION:
to himself, the cause of the defenseless or
oppressed; o Promote and Respect the Law and Legal
i) In the defense of a person accused of crime, by Process (Canon 1)
all fair and honorable means, regardless of his o Provide Efficient and Convenient Legal
personal opinion as to the guilt of the accused, Services (Canon 2)
to present every defense that the law permits, o Information on Legal Services that is
to the end that no person may be deprived of
true, Honest, Fair and Dignified (Canon
life or liberty, but by due process of law.
3)
o Support for Legal Reforms and
FOUR-FOLD DUTIES OF A LAWYER Administration of Justice (Canon 4)
o Participate in Legal Education Program
1) Duties to Society should not violate his (Canon 5)
responsibility to society, exemplar for o Applies to Lawyers in Government Service
righteousness, ready to render legal aid, foster (Canon 6)
social reforms, guardian of due process, aware of
special role in the solution of special problems and
be always ready to lend assistance in the study and
solution of social problems MEMORY AID FOR RULES UNDER CANON 1:
2) Duties to the Legal Profession candor, o No Unlawful, Dishonest, Immoral, Deceitful
fairness, courtesy and truthfulness, avoid Conduct (Rule 1.01)
encroachment in the business of other lawyers, o No Counseling to Defy Law (Rule 1.02)
uphold the honor of the profession o No Encouragement of Lawsuit or Proceedings
3) Duties to the Court respect or defend (Rule 1.03)
against criticisms, uphold authority and dignity, o Encourage Client to Avoid Controversy (Rule
obey order and processes, assist in the 1.04)
administration of justice
4) Duties to the Client entire devotion to
clients interest
CANON 1: QUICK REFERENCE
DUTIES MAY ALSO BE CLASSIFIED INTO:

1. Public (operating as a faithful assistant of the CANON 1: A lawyer shall uphold the
court in search of a just solution to disputes) constitution, obey the laws of the land and
promote respect for law and legal process.
o A counsel de officio is expected to render
effective service and to exert his best Rule 1.01. A lawyer shall not
efforts on behalf of an indigent accused. He engage in unlawful, dishonest, immoral
has a high duty to the poor litigant as to a or deceitful conduct.
paying client. He should have a bigger dose
of social conscience and a little less of self Rule 1.02. A lawyer shall not
interest. (1991, 1993, 1994, 1998, counsel or abet activities aimed at
2001, 2004 BAR EXAMS) defiance of the law or at lessening
confidence in the legal profession.
2. Private (an attorney operating as a trusted
agent of his client) Rule 1.03. A lawyer shall not, for
any corrupt motive or interest,
o A private prosecutor may intervene in the
prosecution of a criminal action when the
encourage any suit or delay any mans
offended party is entitled to indemnity and cause.
has not waived expressly, reserved or
instituted the civil action for damages. In Rule 1.04. A lawyer shall
case of heavy work schedule of the public encourage his clients to avoid, end or
prosecutors, the private prosecutor may be settle a controversy if it will admit of a
authorized in writing by the Chief of the fair settlement.
Prosecution Office or the Regional State
Prosecution to prosecute the case subject
KNOW MORE:
to the approval of the Court. Once so
authorized to prosecute the criminal action,
the private prosecutor shall continue to SPECIAL RULES WITH RESPECT TO
prosecute the case up to the end of the NOTARIAL PRACTICE3
trial even in the absence of a public
The SC found a notary public negligent in his
prosecutor, unless the authority is revoked
or otherwise withdrawn. (Rule 110, Sec. duty for allowing office secretaries to perform
his notarial functions, i.e., safekeeping of his
5, ROC, as amended per A.M. No. 02-2-
07-SC, May 1, 2002) notarial dry seal and notarial register. The

3
2004 Rules on Notarial PracticeANNEXED

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Court held that considering that the
responsibility attached to a notary public is
sensitive, respondent should have been more
discreet and cautious in the execution of his
duties as such and should not have wholly
entrusted everything to the secretaries;
otherwise he should not have been
commissioned as notary public. (Spouses
Santuyo v. Hidalgo, 448 SCRA 282 (2005))
The SC disbarred Atty. Gregorio Ariola from the
practice of law for violating Rule 1.01 of Canon
1 by notarizing an SPA purportedly executed by
a certain Benitez at a time when Benitez was
already dead. The Court held that a notary
public should not authenticate documents
unless the persons who signed them are the
very same persons who executed them and
personally appeared before them to attest to
the contents and truth of what are stated
therein. (Zaballero v. Atty. Montalvan)
Notarization is not an empty, meaningless and
routinary act. It converts a private document
into a public instrument, making it admissible
in evidence without the necessity of preliminary
proof of its authenticity and due execution.
(Sicat v. Ariola, 456 SCRA 93 (2005))
I. Rule 1.01. A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
Unlawful conduct is defined as an act or
omission which is against the law. Dishonesty
involves lying or cheating. (Agpalo)
Immoral or deceitful conduct is that which is
willful, flagrant or shameless and which shows
a moral indifference to the opinion of the good
and respectable members of the community.
(Aguirre)
Moral turpitude includes everything which is
done contrary to justice, honesty, modesty, or
good morals. It involves an act of baseness,
vileness, or depravity in the private duties
which a man owed his fellowmen, or to society
in general, contrary to the accepted and
customary rule of right and duty between man
and woman, or conduct contrary to justice,
honesty, modesty, or good morals. (Barrios v.
Martinez, 442 SCRA 324 (2004))
The SC found that the imprudence of an
attorney who married a man already previously
married (without initially knowing that he was
in fact married but, upon acquiring such
knowledge, cut off all ties with him) did not
constitute immoral conduct sufficient for her
disbarment. Furthermore, lawyers, as keepers
of public faith, are burdened with a higher
degree of social responsibility and thus must
handle their personal affairs with greater
caution. The respondent was imprudent in the
sense that she should have investigated the
fact that the man with whom she had relations
was married. Nevertheless, the fact that she
distanced herself from him shows that she
displayed no moral indifference. The ratio
decidendi of the Court is that the requisite of
good moral character in the admission to the
practice of law must be continuous as a
requirement to the enjoyment of the privilege
100% UP LAW UP BAROPS
LEGAL ETHICS
of the practise of law. It is the bounden duty of
lawyers to adhere unwaveringly to the highest
standards of morality. (Ui v. Bonifacio, 333
SCRA 38, (2000))
Grossly immoral conduct is one that is so
corrupt and false as to constitute a criminal act
or so unprincipled or disgraceful as to be
reprehensible to a high degree. Mere intimacy
between a man and a woman, both of whom
possess no impediment to marry, voluntarily
carried on and devoid of any deceit on the part
of the respondent, is neither so corrupt nor so
unprincipled as to warrant the imposition of
disciplinary sanction against him, even if as a
result of such relationship a child is born out of
wedlock. (Figueroa v. Barranco, 276 SCRA
445 (1997))4
The reconciliation between the lawyer husband
and his wife who had initiated the
administrative proceedings against him for
engaging in an adulterous and clearly immoral
relationship does not wipe away the
misconduct and immoral behavior. (Cordova
v. Cordova, 179 Phil 680 (1989))
Gutierrez was convicted of murder but was
then granted conditional pardon by the
President. When the pardon is conditional and
merely remits the unexecuted portion of the
penalty, administrative proceedings cannot be
automatically barred. (In Re: Gutierrez
(1962))
II. Rule 1.02. A lawyer shall not counsel or
abet activities aimed at defiance of the law or
at lessening confidence in the legal
profession.
Rule 1.02 requires that the lawyer should not
promote an organization known to be violating
the law nor assist it in a scheme which he
knows is dishonest. He should not allow his
services to be engaged by an organization
whose member as violating the law, to defend
them when they get caught. (Agpalo)
The Supreme Court will not denounce criticism
made by anyone against the Court for, if well
founded, can truly have constructive effects in
the task of the Court, but it will not
countenance any wrongdoing nor allow the
erosion of our peoples faith in the judicial
system, let alone, by those who have been
privileged by it to practise law in the
Philippines. (Estrada v. Sandiganbayan, 416
SCRA 465 (2003))5
Terrel was found guilty of malpractice or gross
misconduct for assisting in the establishment
and acting as counsel for the Centro Bellas
4
FACTS: Atty. Barranco was not disbarred despite the fact that
he had sexual congress with Patricia Figueroa with whom he
begot a child, promised that he would marry her after he passed
the bar but then married another woman.
5
FACTS: The SC indefinitely suspended Atty. Paguia for making
claims that the Justices of the Supreme Court have been
participating in partisan political activity and have prejudged a
case that will assail the legality of an act done by President
Arroyo, that Estrada v Arroyo is a patent mockery of justice and
due process, that three Justices of Sandiganbayan made their
bias manifest and are impartial against his client.
2008 Page 7 of 74

Artes Club, an organization intending to evade
the practice of law. (In Re Terrel (1903))
III. Rule 1.03. A lawyer shall not, for any
corrupt motive or interest, encourage any suit
or delay any mans cause.
Notes from Agpalo:
o To stir up litigation is a crime known as
maintenance at common law.
o The purpose of prohibiting these acts is
to prevent ambulance chasing
(solicitation of almost any kind of legal
business by laymen employed by an
attorney for the purpose or by the
attorney himself).
o Ambulance chasing is prohibited
because it stirs up litigation with
resulting burdens on courts and the
public; supports perjury, the defrauding
of innocent persons by judgments,
upon manufactured causes of actions
and the defrauding of injured persons
having proper causes of action but
ignorant of legal rights and court
procedure by means of contracts which
retain exorbitant expenses and by
settlement made for quick returns of
fees against the rights of the injured
persons.
IV. Rule 1.04. A lawyer shall encourage his
clients to avoid, end or settle a controversy if
it will admit of a fair settlement.
The function of a lawyer is not only to conduct
litigation but to avoid it where possible, by
advising settlement or withholding suit. He/she
must act as mediator for compromise rather
than an instigator and conflict. What
sometimes beclouds a lawyers judgment as to
what is best for his client is his/her eye on the
attorneys fees which are often considerably
less when the cause is amicably settled. The
problem of conflict of interests must be
resolved against self-interest. (Agpalo)
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LEGAL ETHICS
CANON 2: QUICK REFERENCE
CANON 2: A lawyer shall make his legal services
available in an efficient and convenient manner
compatible with the independence, integrity and
effectiveness of the profession.
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 does 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 latters
rights.
Rule 2.03. A lawyer shall not do or
permit to be done any act designed to
primarily solicit legal business.
Rule 2.04. A lawyer shall not charge
rates lower than those customarily
prescribed unless the circumstances so
warrant.
MEMORY AID FOR RULES UNDER CANON 2:
o Not to Reject the Defenseless or Oppressed
(Rule 2.01)
o Not to Refuse to Give Legal Advice (Rule
2.02)
o No Solicitation (Rule 2.03)
o No Rates Other than Customarily Charged
(Rule 2.04)
KNOW MORE:
I. Rule 2.01. A lawyer shall not reject, except for
valid reasons, the cause of the defenseless or the
oppressed.
Legal aid is not a matter of charity. It is a
means for the correction of social imbalance
that may and often do lead to injustice, for
which reason it is a public responsibility of the
Bar. The spirit of public service should,
therefore, underlie all legal aid offices. The
same should be administered to indigent and
deserving members of the community on all
cases, matters and situations in which legal aid
may be necessary to forestall an injustice.
(IBP Handbook, Guidelines Governing the
Establishment and Operation of the Legal
Aid Office, Art. 1, Sec. 1)
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 or (b) he labours under a
conflict of interest between him and the
prospective client or between a present client
and the prospective client (Rule 14.03)
Ledesma, who was appointed Election Registrar
of his municipality, was not excused from
acting as counsel in criminal proceedings that
had started that same year. Moreover, to avoid
the frustration of the case, especially such as
where the defendants are indigent, a lawyer
2008 Page 8 of 74

may be required to act as a counsel de oficio.
The fact that his services were rendered
without remuneration should not occasion a
diminution of his zeal. Most importantly, the
Constitution blessed the accused with the right
to be heard by himself and by counsel. This
manifests the indispensable role of a lawyer in
the defense of the accused. (Ledesma
v.Climaco, 57 SCRA 473 (1974))
This rule stems from one of the obligations
incident to the status and privileges of a lawyer
which is to represent the poor and the
oppressed in the prosecution of their claims or
the defense of their rights. The court is
empowered to require a lawyer to render legal
service (to designate him/her as counsel de
oficio for an accused if the latter is unable to
employ counsel de parte).
The Integrated Bar of the Philippines through
its Committee on Legal Aid has established
legal aid offices throughout the country. Its
objective is to provide on a nationwide basis
legal services in favor of the poor segment of
society. Their policy is that legal aid is not a
matter of charity. It is a means for the
correction of social imbalance that may and
often do lead to injustice, which makes it a
public responsibility of the Bar.
II. Rule 2.02. In such cases, even if the lawyer
does 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 latters
rights.
A valid reason to refuse is when the lawyer is
not in a position to carry out the work
effectively and competently. However he shall
still render legal advice (such as those
pertaining to preliminary steps a person can
take). But he shall refrain from giving legal
advice if the reason for not accepting the case
is that there involves a conflict of interest
(between him and a prospective client or
between a present client and a prospective
client). In the case mentioned above,
rendering legal advice to the prospective client
will establish an attorney-client relationship
between them and this will constitute a
violation of the rule prohibiting a lawyer from
representing conflicting interests. (Agpalo)
III. Rule 2.03. A lawyer shall not do or
permit to be done any act designed to primarily
solicit legal business
A member of the bar may be disbarred or
suspended from his office as attorney by the
SC for any malpractice. The practice of
soliciting cases at law for the purpose of gain,
either personally or through paid agents or
brokers, constitutes malpractice. (Rule 138,
Sec. 27)
It is highly unethical for an attorney to
advertise his talents or skill as a merchant
advertises his wares. (In Re Tagorda, 53 Phil
37 (1929))
Exceptions to this rule (Agpalo):
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LEGAL ETHICS
o publication in reputable law list 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, schools and
dates attended, degrees and
distinctions, authorships, teaching
positions, associations, legal fraternities
and societies, references and regularly
represented clients must be published
for that purpose;
o an ordinary, simple professional card;
o publication of simple announcement of
opening of law firm, change of firm;
o telephone directory (but not under
designation of special branch of law);
o if acting as an associate (specialising in
a branch of law), may publish a brief
and dignified announcement to lawyers
(law list, law journal);
o working in a public office (which can be
filled only by a lawyer);
o full time position as corporate counsel;
o if in media, those acts incidental to his
practise (i.e., not his own initiative);
o write articles for publication giving
information upon the law (and not
individual rights or advising through
column/ TV broadcast, lest such be
considered indirect advertising);
o if entering into other businesses (which
are not inconsistent with lawyers
duties) then it is advisable that they be
entirely separate and apart such that a
layman could distinguish between the
two functions.
IV. Rule 2.04. A lawyer shall not charge rates
lower than those customarily prescribed unless the
circumstances so warrant.
What the rule prohibits is the competition in
the matter of charging professional fees for the
purposed of attracting clients in favor of the
lawyer who offers lower rates. The rule does
not prohibit a lawyer from charging a reduced
fee or none at all to an indigent or to a person
who would have difficulty paying the fee
usually charged for such services. (Agpalo)
2008 Page 9 of 74

CANON 3: QUICK REFERENCE
CANON 3: A lawyer in making known his
legal services shall use only true, honest, fair,
dignified and objective information or
statement of facts.
Rule 3.01. A lawyer shall not use
or permit the use of any false,
fraudulent, misleading, deceptive,
undignified, self-laudatory, or unfair
statement or claim regarding his
qualifications or legal services.
Rule 3.02. In the choice of a firm
name, no false, misleading or
assumed name shall be used. The
continued use of the name of a
deceased partner is permissible
provided that the firm indicates in all
its communications that said partner
is deceased.
Rule 3.03. Where a partner
accepts public office, he shall
withdraw from the firm and his name
shall be dropped from the firm name
unless the law allows him to practice
law concurrently.
Rule 3.04. A lawyer shall not pay
or give anything of value to
representatives of the mass media in
anticipation of, or in return for,
publicity to attract legal business.
MEMORY AID FOR RULES UNDER CANON 3:
o No Fair or Unfair Claim re: Qualifications (Rule
3.01)
o No False or Misleading Firm Name (Rule 3.02)
o Partners Assuming Public Office (Rule 3.03)
o No Use of Media to Attract Legal Business
(Rule 3.04)
KNOW MORE:
I. Rule 3.01. A lawyer shall not use or permit the
use of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory, or unfair statement or
claim regarding his qualifications or legal services.
A lawyer may not properly publish his brief
biographical and informative data in a daily
paper, magazine, trade journal or society
program in order to solicit legal business
(Khan v. Simbillo, 409 SCRA 299 (2003))6
It is highly unethical for an attorney to
advertise his talents or skill as a merchant
advertises his wares. The law is a profession
6
Atty. Simbillo advertised his services in a Philippine Daily
Inquirer ad which read Annulment of Marriage Specialist 532-
433/521-2667. The Court held that the solicitation of legal
business is not altogether proscribed. However, for solicitation
to be proper, it must be compatible with the dignity of the legal
profession. The use of simple signs stating the name or names of
the lawyers, the office, and the residence address and fields of
practice, as well as advertisements in legal periodicals bearing
the same brief data and the use of calling cards are permissible.
The publication in reputable law lists, in a manner consistent
with the standards of conduct imposed by the canon, of brief
biographical and informative data is likewise allowed.
100% UP LAW UP BAROPS
LEGAL ETHICS
and not a business. The lawyer may not sell or
obtain employment himself or through others
for to do so would be unprofessional. It is
destructive of the honor of a great profession.
It lowers the standards of that profession. It
works against the confidence of the community
and it results in needless litigation. (In Re:
Tagorda, 53 Phil 37 (1929))7
Advertising, Direct of IndirectThe most
worthy and effective advertisement possible,
even for a young lawyer, and especially with
his brother lawyers, is the establishment of a
well-merited reputation for professional
capacity and fidelity to trust. This cannot be
force, but must be the outcome of character
and conduct. The publication or circulation of
ordinary simple business cards, being a matter
of personal taste or local custom, and some
times of convenience is not per se improper.
But solicitation of business by circulars or
advertisements, or by personal relations is
unprofessional. It is equally unprofessional to
procure business by indirection through touters
of any kind whether allied real estate firms or
trust companies advertising to secure the
drawing of deeds or wills or offering retainers in
exchange for executorships or trusteeships to
be influenced by the lawyer. Indirect
advertisement for business by furnishing or
inspiring newspaper comments concerning the
manner of their conduct, the magnitude of the
interests involved, the importance of the
lawyers position, and all other like self-
laudation, defy the traditions and lower the
tone of our high calling and are intolerable.
(Sec. 27, Canon of Professional Ethics)
Notice of specialized serviceWhere a lawyer is
engaged in rendering a specialized legal service
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, when it will afford convenient and
beneficial information to lawyers desiring to
obtain such service, is not improper. (Sec. 46,
Canon of Professional Ethics)
The Code of Professional Responsibility
provides that a lawyer in making known his
legal services shall use only true, honest, fair,
dignified and objective information or
statement of facts. Lawyers should not resort
to indirect advertisements for professional
employment.
The standards of the legal profession condemn
the lawyers advertisement of his talent, this
rest on the fundamental postulate that the
practice of law is a profession. The lawyer
degrades himself and his profession who stoops
to and adopts the practices of mercantilism by
advertising his services or offering them to the
public.
7
Tagorda was suspended for soliciting business. Before
Tagordas election to the provincial board of Isabela, he used a
card offering services as an attorney and a notary public free.
The card also stated that he was a candidate for the provincial
board. After his election, he wrote a letter to the barrio
lieutenant informing him that he would continue his practice as
lawyer and asking that the lieutenant transmit this information
to the barrio.
2008 Page 10 of 74

Not all types of advertising or solicitation are
prohibited. The exceptions are of two broad
categories, those, which are expressly allowed,
and those, which are necessarily implied from
the restrictions. The first of such exceptions is
the publication in reputable law lists, in a
manner consistent with the standards of
conduct imposed by the canons, or brief
biographical and informative data. (Ulep v.
Legal Clinic (1993))
II. Rule 3.02. In the choice of a firm name, no
false, misleading or assumed name shall be used.
The continued use of the name of a deceased
partner is permissible provided that the firm
indicates in all its communications that said partner
is deceased.
The respondents use of the firm name
constitutes a representation that being
associated with Baker and McKenzie they could
render legal services to the highest quality to
multinational business enterprises and others
engaged in foreign trade and investment. This
is unethical because Baker & McKenzie is not
authorized to practice law here. (Dacanay v.
Baker and McKenzie, 136 SCRA 349
(1985))
Surviving partners cannot continue to use the
names of the deceased partners. The Court
held, amongst others, that:
Continued use will run counter to Art. 1815 CC
which tacitly provides that names in a firm
name of a partnership must be those of living
partners and, in case of non-partners, should
be living persons who can be subject to
liability. The public relations value of the use of
an old firm name can create undue advantage
and disadvantage in the practice of the
profession. (In the Matter of the Petition for
Authority to Continue Use of the Firm
Name Ozaeta, Romulo, de Leon, etc. and
Petition for Authority to Continue Use of
Firm Name Sycip, Salazar, Feliciano, etc.
(1979)
III. Rule 3.03. Where a partner accepts
public office, he shall withdraw from the firm and
his name shall be dropped from the firm name
unless the law allows him to practice law
concurrently
Limitation: No Senator or member of the House
of Representative may personally appear
before any court of justice or before the
Electoral Tribunal, or quasi-judicial and other
administrative bodies (Const, art. VI, sec.
14)
Prohibition: The President, Vice-President, the
members of the cabinet and assistants shall
not, unless otherwise provided in this
Constitution, hold any other office or
employment during their tenure. They shall
not, during said tenure, directly or indirectly
practice any profession (Const, art. VII,
sec. 13)
Prohibition: No member of a Constitutional
Commission shall, during his tenure, hold any
other office or employment. Neither shall he
100% UP LAW UP BAROPS
LEGAL ETHICS
engage in the practice of any profession
(Const, Art. IX, Sec. 2)
It is unlawful for a public official or employee
to, among others: engage in the private
practice of their profession unless authorized
by the Constitution or law, provided that such
practice will not conflict or tend to conflict with
official functions. (Samonte v. Gatdula, 303
SCRA 756 (1999))8
IV. Rule 3.04. A lawyer shall not pay or give
anything of value to representatives of the mass
media in anticipation of, or in return for, publicity
to attract legal business.
It is bad enough to have such undue publicity
when a criminal case is being investigated by
the authorities, even when it being tried in
court; but when said publicity and
sensationalism is allowed, even encouraged,
when the case is on appeal and is pending
consideration by this Tribunal, the whole thing
becomes inexcusable, even abhorrent, and this
Court, in the interest of justice, is constrained
and called upon to put an end to it and a
deterrent against its repetition by meting an
appropriate disciplinary measure, even a
penalty to the one liable. (Cruz v. Salva, 105
Phil 1151 (1959))
CANON 4: QUICK REFERENCE
Canon 4: A lawyer shall participate in
development of the legal system by initiating
reform and in the improvement of the
administration of justice.
KNOW MORE:
While the lawyers task in contributing to the
improvement of the legal system is not a
matter of strict duty, it is a duty nevertheless
that flows from the lawyers sense of public
responsibility. The improvement of the legal
system cannot, however, be done by dreaming
in a vacuum. The lawyer must recognize that
the law is a part of vast social network and
whether he likes it or not, he has to interact
with the rest of society. There is thus the need
on the part of the lawyer to transcend the
narrow limits of technical law. Intricately woven
is the law with the social fabric that the legal
profession cannot afford to confine itself to
narrowly technical legal questions. A lawyer
must broaden out and continue to grow in
knowledge and competence in order to be able
to make the law socially responsive. (Agpalo)
KNOW MORE:
Bar Matter 850 Mandatory Continuing
Legal Education9
Members of the IBP, except those exempt
under Rule 7 of Bar Matter No. 850 (Mandatory
8
Facts: The name of Rolando Gatdula, a branch clerk of court,
appeared on the calling card of a firm
9
ANNEXED
2008 Page 11 of 74

Continuing Legal Education), are required every
3 years to complete at least 36 hours of
continuing legal education activities, with
appropriate penalties for failure to do so.
(Agpalo)
CANON 5: QUICK REFERENCE
Canon 5: A lawyer shall keep abreast of
legal developments, participate in
continuing legal education programs,
support efforts to achieve highest
standards in law schools as well as in the
practical training of law students and
assist in disseminating information
regarding law and jurisprudence.
MEMORY AID FOR RULES UNDER CANON 6:
o Primary Duty: See Justice Is Done (Rule 6.01)
o Not to Use Public Position for Private Interest
(Rule 6.02)
o Not to Engage in Related Employment (Rule
6.03)
KNOW MORE:
RA 6713, (Code of Conduct and Ethical
Standards for Public Officials and
Employees.)Sec. 4(A)
Norms of Conduct of Public Officials and
Employees.
(A) Every public official and employee shall observe
the following as standards of personal conduct
in the discharge and execution of official
duties:
(a) Commitment to public interest. - Public
officials and employees shall always uphold
the public interest over and above personal
interest. All government resources and
powers of their respective offices must be
employed and used efficiently, effectively,
honestly and economically, particularly to
avoid wastage in public funds and
revenues.
(b) Professionalism. - Public officials and
employees shall perform and discharge
their duties with the highest degree of
excellence, professionalism, intelligence
and skill. They shall enter public service
with utmost devotion and dedication to
duty. They shall endeavor to discourage
wrong perceptions of their roles as
dispensers or peddlers of undue patronage.
(c) Justness and sincerity. - Public officials and
employees shall remain true to the people
at all times. They must act with justness
and sincerity and shall not discriminate
against anyone, especially the poor and the
underprivileged. They shall at all times
respect the rights of others, and shall
refrain from doing acts contrary to law,
good morals, good customs, public policy,
public order, public safety and public
interest. They shall not dispense or extend
undue favors on account of their office to
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LEGAL ETHICS
their relatives whether by consanguinity or
affinity except with respect to
appointments of such relatives to positions
considered strictly confidential or as
members of their personal staff whose
terms are coterminous with theirs.
(d) Political neutrality. - Public officials and
employees shall provide service to
everyone without unfair discrimination and
regardless of party affiliation or preference.
(e) Responsiveness to the public. - Public
officials and employees shall extend
prompt, courteous, and adequate service to
the public. Unless otherwise provided by
law or when required by the public interest,
public officials and employees shall provide
information of their policies and procedures
in clear and understandable language,
ensure openness of information, public
consultations and hearings whenever
appropriate, encourage suggestions,
simplify and systematize policy, rules and
procedures, avoid red tape and develop an
understanding and appreciation of the
socio-economic conditions prevailing in the
country, especially in the depressed rural
and urban areas.
(f) Nationalism and patriotism. - Public officials
and employees shall at all times be loyal to
the Republic and to the Filipino people,
promote the use of locally produced goods,
resources and technology and encourage
appreciation and pride of country and
people. They shall endeavor to maintain
and defend Philippine sovereignty against
foreign intrusion.
(g) Commitment to democracy. - Public
officials and employees shall commit
themselves to the democratic way of life
and values, maintain the principle of public
accountability, and manifest by deeds the
supremacy of civilian authority over the
military. They shall at all times uphold the
Constitution and put loyalty to country
above loyalty to persons or party.
(h) Simple living. - Public officials and
employees and their families shall lead
modest lives appropriate to their positions
and income. They shall not indulge in
extravagant or ostentatious display of
wealth in any form.
2008 Page 12 of 74

CANON 6: QUICK REFERENCE
Canon 6. These Canons shall apply to lawyers in
government service in the discharge of their
official duties.
Rule 6.01. The primary duty of a
lawyer in public prosecution is not to
convict but to see that justice is done.
The suppression of facts or the
concealment of witnesses capable of
establishing the innocence of the
accused is highly reprehensible and is
cause for disciplinary action.
Rule 6.02. A lawyer in government
service shall not use his public position
to promote or advance his private
interests, nor allow the latter to
interfere with his public duties.
Rule 6.03. A lawyer shall not, after
leaving government service, accept
engagement or employment in
connection with any matter in which he
had interned.
I. Rule 6.01. The primary duty of a lawyer in
public prosecution is not to convict but to see that
justice is done. The suppression of facts or the
concealment of witnesses capable of establishing
the innocence of the accused is highly
reprehensible and is cause for disciplinary action.
The benefit of the doubt belongs to the
prosecuting attorney. The prosecuting attorney
is under no compulsion to file a particular
criminal information where he is not convinced
that he has evidence to prop up the averments
thereof, or that the evidence at hand points to
a different conclusion. (People v. Pineda, 20
SCRA 748 (1967))
A public prosecutor is a quasi-judicial officer
who represents, not an ordinary party to a
controversy, but sovereignty. This sovereignty
has its obligation to govern impartially.
Therefore, the interest in a criminal prosecution
is not that it shall win a case but that justice
shall be done. (Agpalo)
II. Rule 6.02. A lawyer in government service
shall not use his public position to promote or
advance his private interests, nor allow the latter to
interfere with his public duties.
While the charges have to be dismissed, still it
would not be inappropriate for respondent to
avoid all appearances of impropriety.
Respondent, in his future actuations as a
member of the bar, should refrain from laying
himself open to such doubts and misgivings as
to his fitness not only for the position occupied
by him but also for membership in the bar. He
is not worthy of membership in an honorable
profession who does not even take care that
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LEGAL ETHICS
his honor remains unsullied. (Misamin v. San
Juan, 72 SCRA 491 (1976))10
A member of the Bar who assumes public office
does not shed his professional obligation. The
CPR was not meant to govern the conduct of
private petitioners alone, but of all lawyers
including those in government service. Lawyers
in government are public servants who owe the
utmost fidelity to the public service. Thus they
have to be mores sensitive in the performance
of their professional obligations. A lawyer in
public service is a keeper of public faith and is
burdened with a high degree of social
responsibility, perhaps higher than her
brethren in private practice. (Vitriolo v.
Dasig, 400 SCRA 172 (2003))11
III. Rule 6.03. A lawyer shall not, after
leaving government service, accept engagement or
employment in connection with any matter in which
he had intervened while in said service.
RA 3019, Sec. 3(d) (Anti-Graft and Corrupt
Practices Act). In addition to acts or omissions
of public officers already penalized by existing
law, the following shall constitute corrupt
practices of any public officer and are hereby
declared to be unlawful: (d) Accepting or
having any member of his family accept
employment in a private enterprise which has
pending official business with him during the
pendency thereof or within one year after its
termination.
RA 6713, Sec. 7(b). In addition to acts and
omissions of public officials and employees not
prescribed in the Constitution and existing
laws, the following shall constitute prohibited
acts and transactions of any public official and
employee and are hereby declared to be
unlawful: (b) Outside employment and other
activities related thereto.Public officials and
employees during their incumbency shall not:
1) Own, control, manage or accept employment
as officer employee, consultant, counsel,
broker, agent, trustee or nominee / in any
private enterprise regulated, supervised or
licensed by their office / unless expressly
allowed by law;
2) Engage in the private practice of their
profession unless authorized by the
Constitution or law, provided that such practice
will not conflict or tend to conflict with their
official functions; or
3) Recommend any person to any position in a
private enterprise which has a regular or
pending official transaction with their office.
10
FACTS: Atty. San Juan, a captain of the MM Police 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 was
dismissed for lack of evidence.
11
FACTS: The SC disbarred Atty. Felina Dasig, the OIC of the
Legal Affairs Service of CHED, for making unlawful demands to
extort money from certain people who had pending applications
in her office for correction of names. Generally speaking, a
lawyer who holds a government office may not be disciplined as
a member of the Bar for misconduct in the discharge of his
duties as government official. However, if said misconduct as a
government official also constitutes a violation of his oath as a
lawyer then he may be disciplined by this Court as a member of
the Bar.
2008 Page 13 of 74

These prohibitions shall continue to apply for a
period of 1 year after resignation, retirement or
separation from public office, / except in case
of subparagraph (2) above, / but the
professional concerned cannot practice his
profession in connection with any matter before
the office he used to be with, / in which case
the one year prohibition shall likewise apply.
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 appear as
counsel in any court in any civil case where in
the govt. or any of its subdivisions or
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
official function, or collect any fee for his
appearance in any administrative proceedings
to maintain an interest adverse to the govt.
In determining whether Atty. Mendoza
committed a breach of Rule 6.03, certain
factual predicates should be established, thus:
(a) in connection with what matter has Atty.
Mendoza accepted an engagement or
employment after leaving the government
service?; (b) in connection with what matter
did he intervene while in government service?;
and (c) what acts did he particularly perform in
intervening in connection with such matter?
The first concern in assessing the applicability
of the Rule is the definition of matter. The
same lawsuit or litigation is the same matter.
The same issue of fact involving the same
parties and the same situation or conduct is the
same matter. By contrast, work as a
government employee in drafting, enforcing or
interpreting government or agency procedures,
regulations, or laws, or in briefing abstract
principles of law, does not disqualify the lawyer
under DR 9-101 (B) from subsequent private
employment involving the same regulations,
procedures, or points of law; the same
matter is not involved because there is
lacking the discrete, identifiable transaction or
conduct involving a particular situation and
specific parties.
Intervention is interference that may affect
the interest of others. Since the word
intervene has two connotations, one affecting
interest of others and one done merely in
influencing others, Rule 6.03 should be read in
the context of the former. To interpret it
otherwise is to enlarge the coverage of Rule
6.03. (PCGG v. Sandiganbayan, 455 SCRA
526 (2005))
B. The Lawyer and the Legal Profession
MEMORY AID FOR CANONS UNDER THIS
SECTION:
1. Uphold Dignity and Integrity in the Profession
(Canon 7)
2. Courtesy, Fairness, Candor Towards
Professional Colleagues (Canon 8)
3. Unauthorized Practice of Law (Canon 9)
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LEGAL ETHICS
CANON 7: QUICK REFERENCE
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.
MEMORY AID FOR RULES UNDER CANON 7:
o No False Statement (Rule 7.01)
o Not to Support Unqualified Bar Applicant (Rule
7.02)
o No Conduct Adversely Affecting the Profession
(Rule 7.03)
KNOW MORE:
The basic postulate of the IBP is that it is non-
political in character and that there shall be
neither lobbying nor campaigning in the choice
of the IBP Officers. The spectacle of lawyers
bribing or being bribed to vote did not uphold
the honor of the profession nor elevate it in the
publics esteem. (In Re: Election of the IBP,
178 SCRA 398 (1989))
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;
foster and maintain on the part of its
members high ideals of integrity, learning,
professional competence, public service and
conduct;
safeguard the professional interests of its
members;
cultivate among its members a spirit of
cordiality and brotherhood;
provide a forum for the discussion of law,
jurisprudence, law reform, pleading,
practice and procedure and the relations of
the bar thereto; encourage and foster legal
education;
promote a continuing program of legal
research in substantive and adjective law,
and make reports and recommendations
thereon. (Agabin)
The act of downloading the test questions from
the bar examiners PC without the latters
2008 Page 14 of 74

knowledge and permission was a criminal act of
larceny. By transmitting and distributing the
stolen questions to his fraternity brothers, he
had given them undue advantage over the
other bar takers. (Re: 2003 Bar
Examinations, 421 SCRA 703 (2004))
Re: Payment of IBP Dues: The integration of
the Phil. Bar means the unification of the entire
lawyer population requiring membership and
financial support of every attorney as condition
sine qua non to the practice of law and the
retention of his name in the Roll of Attorneys of
the SC. Bar integration does not compel the
lawyer to associate.
The only compulsion is the payment of annual
dues which, the SC, in order to foster the
States legitimate interest in elevating the
quality of professional legal services, may
require to be shared by all the subjects and
beneficiaries the lawyers. The fee is a
regulatory measure not barred by the
Constitution. The only limitation is that the
regulation should not impose an
unconstitutional burden. The public interest far
outweighs the slight inconvenience to a
member. The compulsory nature of payment
of dues subsists for as long as ones
membership in the IBP remains, regardless of
the extent of practice of a lawyer. (Letter of
Atty. Cecilio Arevalo, 458 SCRA 209
(2005))
I. 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.
Observance of the duties and responsibilities of
a lawyer begins even as a law student. A
students failure to live up to them may be a
ground for SC to refuse admission to practice
or for disbarment should SC learn later on
about his/her transgressions. (Agpalo)
II. 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.
A lawyer should not readily execute an affidavit
of good moral character in favor of an applicant
who has not live up to the standard set by law.
He should volunteer information or cooperate in
any investigation concerning alleged anomaly
in the bar examination. This is to help guard
the profession from candidates who are unfit or
unqualified. He should expose without fear or
favor before the SC corrupt or dishonest
conduct in the profession and should not
hesitate to accept professional employment
against a lawyer who has wronged his client.
(Agpalo)
III. 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.
In a disbarment proceeding, it is immaterial
that the complainant is aware of his marital
status or that he was not caught in pari delicto
because this is not a proceeding to grant relief
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LEGAL ETHICS
to the complainant but one to purge the law
profession of unworthy members, to protect
the public and the court. Possession of good
moral character is not only a condition
precedent to admission to the legal profession,
but its continued possession is essential to
maintain ones good standing in the profession.
(Zaguirre v. Castillo, 398 SCRA 659
(2003))12
CANON 8: QUICK REFERENCE
Canon 8. A lawyer shall conduct himself
with courtesy, fairness, and candor toward his
professional colleagues, and shall avoid
harassing tactics against opposing counsel.
Rule 8.01. A lawyer shall not, in
professional dealings, use language
which is abusive, offensive or otherwise
improper.
Rule 8.02. A lawyer shall not,
directly or indirectly, encroach upon the
professional employment of another
lawyer; however, it is the right of any
lawyer, without fear or favor, to give
proper advice and assistance to those
seeking relief against unfaithful or
neglectful counsel.
MEMORY AID FOR RULES UNDER CANON 8:
o No Abusive and Improper Language (Rule
8.01)
o Not to Encroach on Professional Employment
(Rule 8.02)
KNOW MORE:
I. Rule 8.01. A lawyer shall not, in professional
dealings, use language which is abusive, offensive
or otherwise improper.
The fact that one of the lawyers conducts
him/herself improperly does not relieve the
other from professional obligation in his
relation with him/her. (Agpalo)
Any undue ill-feeling between clients should not
influence counsels in their conduct and
demeanor toward each other. While lawyers
owe entire devotion to the interest of their
clients, their office does not permit violation of
12
FACTS: Zaguirre and Castillo were officemates at the NBI.
Zaguirre said that Castillo represented himself to be single,
courted her and promised her marriage. Soon they had intimate
relations and Zaguirre became pregnant. During their affair,
Castillo was preparing for the bar exam which he passed. Only
after Castillo was admitted to the Bar did Zaguirre learn that he
was married. She presented an affidavit executed by Castillo,
who by now is a lawyer admitting his relationship with her and
recognizing the baby she was carrying as his. However, when she
gave birth, Castillo refused to recognize the child and to give her
any form of support. Castillo denied all her allegations and said
that what transpired between them was nothing but mutual lust
and desire. He admitted that he executed the affidavit but
explained that he only did so to save Zaguirre from
embarrassment. He sought understanding from the court by
pointing out that men by nature are polygamous. The SC
indefinitely suspended him from the practice of law for gross
immoral conduct.
2008 Page 15 of 74

the laws or any manner of fraud or chicanery.
(Reyes vs. Chiong, Jr., 405 SCRA 212))
II. Rule 8.02. A lawyer shall not, directly or
indirectly, encroach upon the professional
employment of another lawyer; however, it is the
right of any lawyer, without fear or favor, to give
proper advice and assistance to those seeking relief
against unfaithful or neglectful counsel.
A lawyer should not steal the other lawyers
client nor induce the latter to retain him by
promise of better service, good result or
reduced fees for his services. Neither should he
disparage another, make comparisons or
publicize his talent as a means to further his
law practice. (Agpalo)
He may accept employment to handle a matter
previously handled by another lawyer, provided
that the other lawyer has been given notice of
termination of service. Without such notice, he
shall only appear once he has obtained
conformity or has, at the very least, given
sufficient notice of contemplated substitution. A
lawyers appearance in the case without notice
to the first lawyer amounts to an improper
encroachment upon the professional
employment of the original counsel. (Agpalo)
A lawyer should not, in the absence of the
adverse partys counsel, interview the adverse
party and question him as to the 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 without the consent nor
knowledge of the latters counsel. (cf. Canon 9)
(Agpalo)
A clients proffer of assistance of additional
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 before
making an appearance. Should the 1st lawyer
object, he should decline association but if the
1st lawyer is relieved, he may come into the
case. (Agpalo)
When there is conflict of opinions between two
lawyers jointly associated in a case, the client
should decide. The decision should be accepted
unless the nature of the difference makes it
impracticable for the lawyer whose judgment
has been overruled to cooperate effectively. In
this event, it is his/her duty to ask client to
relieve him/her. (Agpalo)
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LEGAL ETHICS
CANON 9: QUICK REFERENCE
Canon 9. A lawyer shall not, directly or
indirectly, assist in the unauthorized practice of
law.
Rule 9.01. A lawyer shall not
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 standing.
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:
1. there is a pre-existing agreement
with a partner or associate that,
upon the latters death, money shall
be paid over a reasonable period of
time to his estate or to persons
specified in the agreement; or
2. Where a lawyer undertakes to
complete unfinished or legal
business of a deceased lawyer; or
3. Where a lawyer or law firm includes
non-lawyer employees in a
retirement plan, even if the plan is
based in whole or in part, on profit-
sharing arrangement.
MEMORY AID FOR RULES UNDER CANON 9:
o Not to Delegate Work (Rule 9.01)
o Not to Divide Legal Fees (Rule 9.02)
KNOW MORE:
Ranas having 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 a full-fledged lawyer. (Aguirre v.
Rana, 403 SCRA 342 (2003))13
Private practice does not pertain to an isolated
court appearance; rather, it contemplates a
succession of acts of the same nature
habitually or customarily holding ones self to
the public as a lawyer. It is evident that the
isolated appearances as pro bono counsel do
not constitute the private practice of the law
profession contemplated by law. Nonetheless,
though his appearances do not amount to
private practice, he still failed to obtain a
written permission from the head of the
Department as required by the Revised Civil
Service Rules (No officer or employee shall
engage directly in any private business,
vocation or profession). (OCA v. Ladanga,
350 SCRA 326 (2001))14
13
FACTS: Edwin Rana passed the 2000 Bar Examinations but was
denied admission after it was found that he appeared as counsel
for a candidate in the May 2001 elections before the Municipal
Board of Election Canvassers of Mandaon, Masbate where he
even filed a pleading representing himself as counsel for and in
behalf of Vice Mayoralty candidate George Bunan. All these he
did before signing the roll of attorneys.
14
FACTS: The SC sternly reprimanded Atty. Ladaga, Branch Clerk
of Court the RTC of Makati, for practicing law without prior
permission when he appeared as pro bono counsel for his cousin.
Atty. Ladaga had actually requested the Court Administrator for
2008 Page 16 of 74

A person not admitted to the bar may not hold
himself out to the public as engaged in the
practice of law, either alone or as associated
with a practicing attorney under a firm name.
(US v. Ney (1907))
The title of attorney is reserved to those who,
having obtained the necessary degree in the
study of law and successfully taken the Bar
Examinations, have been admitted to the IBP
and remain members thereof in good standing,
and it is they only who are authorized to
practice law in this jurisdiction. (Alawi v.
Alauya (1997))15
I. Rule 9.01. A lawyer shall not 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 standing.
Can employ secretaries, investigators,
detectives, researches as long as they are not
involved in the practice of law (e.g., not
writing pleadings, appearing in court, etc.)
(Agpalo)
NOTES FROM PROF: JARDALEZA: May a lawyer
delegate a case to another lawyer within the
same firm? If a client has specified the services
of one particular attorney, then the case may
not be delegated. Otherwise, it may be
delegated.
II. 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 latters
death, money shall be paid over a reasonable
period of time to his estate or to persons
specified in the agreement; or
b. Where a lawyer undertakes to complete
unfinished or legal business of a deceased
lawyer; or
c. Where a lawyer or law firm includes non-lawyer
employees in a retirement plan, even if the
plan is based in whole or in part, on profit-
sharing arrangement.
The first two exceptions to the rule represent
compensation for legal service rendered by the
deceased lawyer during his lifetime, which is
paid to his estate or heirs. The third exception
to the rule does not involve, strictly speaking, a
division of legal fees with non-lawyer
employees. The retirement benefits in the
form of pension represent additional deferred
wages or compensation for past services of the
employees (Agpalo)
authority to appear but nonetheless appeared before
authorization could be given.
15
FACTS: Alauya, a member of the Sharia Bar used the title of
attorney.
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LEGAL ETHICS
C. The Lawyer and the Courts
MEMORY AID FOR CANONS UNDER THIS
SECTION:
1. Observe Candor, Fairness and Good Faith
(Canon 10)
2. Respect Courts and Judicial Officers (Canon
11)
3. Assist in Speedy and Efficient Administration of
Justice (Canon 12)
4. Refrain from Act Giving Appearance of
Influence (Canon 13)
CANON 10: QUICK REFERENCE
Canon 10. A Lawyer owes candor,
fairness and good faith to the Court.
Rule 10.01. A lawyer shall not
do any falsehood, nor consent to the
doing of any in Court, nor shall he
mislead or allow the Court to be
misled by an artifice.
Rule 10.02. A lawyer shall not
knowingly misquote or misrepresent
the contents of a paper, the
language or the argument of
opposing counsel, or the text of a
decision or authority, or knowingly
cite as law a provision already
rendered inoperative by repeal or
amendment, or assert as a fact that
which has not been proved.
Rule 10.03. A lawyer shall
observe the rules of procedure and
shall not misuse them to defeat the
ends of justice.
MEMORY AID FOR RULES UNDER CANON 10:
o Truthfulness Towards the Court (Rule 10.01)
o Not to Misquote or Misrepresent Contents of
Paper (Rule 10.02)
o Observe Rules of procedure (10.03)
KNOW MORE:
As an officer of the court and as part of the
machinery for the administration of justice, a
lawyer is continually accountable to the court
for the manner he discharges his duties and is
always subject to its disciplinary control
(Agpalo)
The oath to which all lawyers have subscribed
in solemn agreement to dedicate themselves to
the pursuit of justice is not a mere ceremony or
formality for practicing law to be forgotten
afterwards; nor is it mere words, drift and
hollow, but a sacred trust that lawyers must
uphold and keep inviolable at all times. (Ting
Dumali v. Torres (2004))
A lawyers oath to uphold the cause of justice is
superior to his duty to his client; its primacy is
indisputable. (Cobb Perez v. Lantin (1968))
BAROPS 2008 Page 17 of 74

I. Rule 10.01. A lawyer shall not do any
falsehood, nor consent to the doing of any in Court,
nor shall he mislead or allow the Court to be misled
by an artifice.
Canon 32 Code of Professional Ethics. The
lawyer's duty in its last analysis.
No client corporate or individual, however,
powerful nor any cause, civil or political,
however important, is entitled to receive nor
should any lawyer render any service or advice
involving disloyalty to the laws whose ministers
we are, or disrespect of the judicial office,
which we are bound to uphold, or corruption of
any person or persons exercising a public office
or private trust, or deception or betrayal of the
public. When rendering any such improper
service or advice, the lawyer invites and merits
stern and just condemnation. Correspondingly,
he advances the honor of his profession and
the best interests of his client when he renders
service or gives advice tending to impress upon
the client and his undertaking exact compliance
with the strictest principles of moral law. He
must also observe and advice his client to
observe the statute law, though until a statute
shall have been construed and interpreted by
competent adjudication he is free and is
entitled to advise as to its validity and as to
what he conscientiously believes to be its just
meaning and extent. But above all a lawyer will
find his highest honor in a deserved reputation
for fidelity to private trust and to public duty,
as an honest man and as a patriotic and loyal
citizen.
A lawyer should not conceal the truth from the
court, nor mislead the court in any manner no
matter how demanding his duties to clients
may be. (Agpalo)
A lawyer must be a disciple of truth. He swore
upon his admission to the bar that he will do
no falsehood nor consent to the doing of any in
court and he shall conduct himself as a
lawyer according to the best of his knowledge
and discretion with all good fidelity as well to
the courts as to his clients. (Young v.
Batuegas, 403 SCRA 123 (2003))16
To warrant disciplinary action against a lawyer,
who prosecutes false charges or complaints, it
must be shown that the charges are false and
the lawyer knows them to be so. (malice or bad
faith) (Agpalo)
If a lawyer, through negligence in the
performance of his duties as counsel for a
party, failed to discover the falsity of the
document which he offered in evidence, he may
still be dealt with administratively
notwithstanding lack of intent on his part to
16
FACTS: The Court suspended lawyers who filed a
Manifestation with Motion for Bail on Dec 13, 2000, alleging
that the accused voluntarily surrendered to a person in
authority. The truth is that the accused only surrendered on Dec
14, 2000, as shown by the Certificate of Detention of the NBI.
Respondents declared that on Dec 13, upon learning that a
warrant of arrest was issued for their client, they filed the
Manifestation with motion for bail with the trial court. Then
they immediately fetched the accused in Cavite and brought him
to the NBI to voluntarily surrender. However, due to heavy
traffic, they arrived at the NBI at 2:00 am the next day; hence,
the certificate of detention indicated the accused surrendered
on Dec. 14
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LEGAL ETHICS
deceive (Agpalo)
Though his explanation appears to be a mere
afterthought there is the assumption of good
faith in favour of respondent. Moreover,
judging from the awkwardly-worded petition
and even his compliance quite indicative of
either carelessness or lack of proficiency in the
handling of the English language, it isnt
unreasonable to assume that his deficiency in
the mode of expression contributed to the
inaccuracy of his statements. Every member of
the bar should realize that candor in the
dealings with the court is the very essence of
honorable membership in the profession.
(Cuaresma v. Daguis (1975))
II. Rule 10.02. A lawyer shall not knowingly
misquote or misrepresent the contents of a paper,
the language or the argument of opposing counsel,
or the text of a decision or authority, or knowingly
cite as law a provision already rendered inoperative
by repeal or amendment, or assert as a fact that
which has not been proved.
In citing the SC decisions and 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
(Agpalo)
The Court believes it is more a result of clerical
ineptitude than deliberate attempt to mislead.
The Companies have the prima facie right to
rely on the quotation as it appears on
respondent judges decision. However, the
Court articulates its firm view that in citing this
Courts decision and 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. Only
from this Tribunals decisions and rulings do all
other courts, as well as lawyers and litigants,
take their bearings. Ever presenting the
danger that if not faithfully and exactly quoted,
the decisions and rulings of this Court may lose
their proper and correct meaning. (Insular
Life Employees Co. v. Insular Life
Association, 37 SCRA 1 (1970))
III. Rule 10.03. A lawyer shall observe the
rules of procedure and shall not misuse them to
defeat the ends of justice.
Rule 138.20(d) Duties of attorneysIt is
the duty of an attorney (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 judicial officer by an artifice or
false statement of fact of law.
Procedural rules are instruments in the speedy
and efficient administration of justice. They
should not be used to derail such ends. They
should not misuse them, as by filing multiple
petitions regarding the same cause of action of
by deliberately misreading the law to seek a
reopening of a case long decided. (Agpalo)
2008 Page 18 of 74

CANON 11: QUICK REFERENCE
Canon 11. A lawyer shall observe and
maintain the respect due to the courts and
judicial officers and should insist on similar
conduct by others.
Rule 11.01. A lawyer shall appear in
court properly attired.
Rule 11.02. A lawyer shall punctually
appear at court hearings.
Rule 11.03. A lawyer shall abstain
from scandalous, offensive or menacing
language or behavior before the courts.
Rule 11.04. A lawyer shall not
attribute to a Judge motives not
supported by the record or have no
materiality to the case.
Rule 11.05. A lawyer shall submit
grievances against a Judge to the proper
authorities only.
MEMORY AID FOR RULES UNDER CANON 11:
o Proper Attire (Rule 11.01)
o Punctuality (Rule 11.02)
o Proper Language and Behavior (Rule 11.03)
o Not to Attribute Motives to Judge (Rule 11.04)
o Grievance Against Judge (Rule 11.05)
KNOW MORE:
Mere criticism or comment on the correctness
or wrongness, soundness or unsoundness of
the decision of the court in a pending case
made in good faith may be tolerated; because
if well founded it may enlighten the court and
contribute to the correction of an error if
committed; but if it is not well taken and
obviously erroneous, it should not influence the
court in reversing or modifying its decision. (In
re: Sotto, 82 Phil 595 (1949))17
Lawyers should bear in mind their basic duty
to observe and maintain the respect due to
the courts of justice and judicial officers and to
insist on similar conduct by others (Canon 11
CPR). This attitude is best shown through
17
FACTS: Atty. Vicente Sotto, then a Senator of the Republic,
wrote his opinion in the Manila Times regarding the SCs
decision, In re Angel Parazo which was then pending
reconsideration. There the SC cited in contempt a reporter for
his refusal to divulge his source of news published in the paper.
Sotto claims that majority of the members of the Supreme
Court are incompetent and narrow-minded. He also said that
the members of the Court have deliberately committed blunders
and injustices during the past years. The SC cited Sotto in
contempt and required him to show cause why he should not be
disbarred.
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scrupulous preference for respectful language,
is to be observed not for the sake of the
temporary incumbent of the judicial office, but
for the maintenance of its supreme importance.
(Guerrero v. Villamor, 179 SCRA 355
(1989))
I. Rule 11.01. A lawyer shall appear in court
properly attired.
Courts have ordered a male attorney to wear a
necktie and have prohibited a female attorney
from wearing a hat. However, the prohibition
of a dress whose hemline was five inches above
the knee was held to be acceptable as such
had become an accepted mode of dress even
in places of worship. (Aguirre)
Respect begins with the lawyers outward
physical appearance in court. Sloppy or
informal attire adversely reflects on the lawyer
and demeans the dignity and solemnity of court
proceedings. (Agpalo)
II. Rule 11.02. A lawyer shall punctually appear
at court hearings.
A lawyer owes the court and his client the duty
to punctually appear at court proceedings.
(Agpalo)
Inexcusable absence from, or repeated
tardiness in, attending a pre-trial or hearing
may subject the lawyer to disciplinary action as
his actions showing disrespect to the court
make him guilty of contemptuous behavior.
(Agpalo)
III. Rule 11.03. A lawyer shall abstain from
scandalous, offensive or menacing language or
behavior before the courts.
Notes from Agpalo:
Lawyers Courtesy
It must never be forgotten that a
lawyer pleads; he does not dictate. He
should be courageous, fair, and
circumspect, not petulant, combative,
or bellicose in his dealings with the
court
While criticism of judicial conduct is not
forbidden and zeal in advocacy is
encouraged, the lawyer must always
act within the limits of propriety and
good taste and with deference for the
judges before whom he pleads his
clients cause
A lawyer should not assail, without
basis, the personal integrity of a judge
and accuse him of misfeasance in an
attempt to hide his own inadequacies
and omissions to escape criticism of his
client
The discharge of the lawyers duty to
his client does not justify or require the
use of defamatory or threatening
words. Neither does the mistake of a
2008 Page 19 of 74
 LEGAL ETHICS

judge in some of his rulings warrant the not spill over the wall of decency and propriety.
use of offensive language (Agpalo)

There is no defense against the use in a The cardinal condition of all such criticism is
pleading by a lawyer of disrespectful, that it shall be bona fide, and shall not spill
threatening, abusive, and abrasive over the wall of decency and propriety.
language. It cannot be justified by the (Agpalo)
constitutional right of free speech for
such right is not absolute and its
exercise must be within the context of V. Rule 11.05. A lawyer shall submit grievances
a functioning and orderly system of against a Judge to the proper authorities only.
dispensing justice
Const art. VIII, sec. 6. The Supreme Court
Where words are abrasive or insulting, shall have administrative supervision over all
evidence that the language employed is courts and the personnel thereof. [the SC is the
justified by the facts is not admissible proper authority
as a defense
The duty to respect does not preclude a lawyer
Judges Courtesy from filing administrative complaints against
The duty to observe and maintain erring judges, or from acting as counsel for
respect is not a one-way duty from a clients who have legitimate grievances against
layer to a judge. A judge should show them. (Agpalo)
no shortness of temper which merely
detracts from the equanimity and The lawyer shall not file an administrative case
judiciousness that should be the until he has exhausted judicial remedies which
constant marks of a dispenser of justice result in a finding that the judge has gravely
erred. (Agpalo)
A judge may utilize his opportunities to
criticize and correct unprofessional Where a criminal complaint against a judge or
conduct of attorneys but he may not do other court employees arises from their
so in an insulting manner administrative duties, the Ombudsman must
defer action on said complaint and refer the
While a lawyer must advocate his client's cause same to the SC for determination whether said
in utmost earnest and with the maximum skill judges or court employees acted within the
he can marshal, he is not at liberty to resort to scope of their administrative duties.
arrogance, intimidation, and innuendo. Otherwise, in the absence of any administrative
(Sangalang v. IAC (1989)) action, the investigation being conducted by
the Ombudsman encroaches into the Courts
Every citizen has the right to comment upon power of administrative supervision over all
and criticize the actuations of public officers. courts and its personnel, in violation of the
The Court also treats with forbearance and doctrine of separation of powers. (Maceda v.
restraint a lawyer who vigorously assails their Vasquez, 221 SCRA 464 (1993))18
actuations, provided it is done in respectful
terms and through legitimate channels. For
courageous and fearless advocates are the
strands that weave durability into the tapestry
of justice. The reason is that an attorney does
not surrender his right as a citizen to criticize
the decisions of the court in fair and respectful
manner, and the independence of the Bar, as
well as the judiciary, has always been
encouraged by the courts. Criticism has been
an important part of the traditional work of a
lawyer. As a citizen and as officer of the court,
a lawyer is expected not only to exercise his
right, but also to consider it his duty to avail of
such right. But the cardinal condition of all such
criticism is that is shall be bona fide and shall
not spill over the walls of decency and
propriety. (In Re: Almacen, 31 SCRA
(1970))

IV. Rule 11.04. A lawyer shall not attribute

to a Judge motives not supported by the record or
have no materiality to the case.

The rule allows such criticism so long as it is

supported by the record or it is material to the
case. A lawyers right to criticize the acts of
courts and judges in a proper and respectful
way and through legitimate channels is well
recognized. The cardinal condition of all such
criticism is that it shall be bona fide, and shall
18
This prayer for preliminary mandatory injunction is with regard
to whether the office of the ombudsman could entertain a
criminal complaint for the alleged falsification by Judge Maceda
of his certificate of service submitted to the SC, and assuming
that it can, whether a referral should be made first to the SC.

100% UP LAW UP BAROPS 2008 Page 20 of 74


CANON 12: QUICK REFERENCE
Canon 12. A lawyer shall exert every effort
and consider it his duty to assist in the speedy
and efficient administration of justice.
Rule 12.01. A lawyer shall not appear
for trial unless he has adequately
prepared himself on the law and the facts
of his case, the evidence he will adduce
and the order of its proferrence. He
should also be ready with the original
documents for comparison with the
copies.
Rule 12.02. A lawyer shall not file
multiple actions arising from the same
cause.
Rule 12.03. A lawyer shall not, after
obtaining extensions of time to file
pleadings, memoranda or briefs, let the
period lapse without submitting to the
same or offering an explanation for his
failure to do so.
Rule 12.04. A lawyer shall not unduly
delay a case, impede the execution of a
judgment or misuse court processes.
Rule 12.05 A lawyer shall refrain
from talking to his witness during the
break or recess in the trial, while the
witness is still under examination.
Rule 12.06
A lawyer shall not
knowingly assist a witness to
misrepresent himself or to impersonate
another.
MEMORY AID FOR RULES UNDER CANON 12:
o Adequate Preparation (Rule 12.01)
o Forum Shopping (Rule 12.02)
o Not to Delay Case (Rule 12.03)
o Court Process (Rule 12.04)
o Proper Behavior (Rule 12.05-12.07)
o Not to Testify on Behalf of Client (Rule 12.08)
KNOW MORE:
CONST. art III, sec 6. All persons shall have
the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies.
Rule 138 Sec 20(g). Duties of attorneys. It is
the duty of an attorney: (g) Not to encourage
either the commencement or the continuance
of an action or proceeding, or delay any mans
cause, from any corrupt motive or interest.
Notes from Agpalo:
o The first duty of a lawyer is not to his client
but the administration of justice. As an
officer of the Court, it is the duty of the
lawyer to advance the Courts objective of
having a speedy, efficient, impartial,
correct, and inexpensive adjudication of
100% UP LAW UP BAROPS
LEGAL ETHICS
case and the prompt satisfaction of final
judgments.
o The duty to assist in the administration of
justice may be performed by doing no act
that obstructs, perverts, or impedes the
administration of justice and by faithfully
complying with all his duties to the court
and to his client. Examples of the former
would include the duty to inform the court
of any change of his address or of the
death of his client.
o Acts that amount to obstruction of the
administration of justice may take many
forms. They include such acts as instructing
a complaining witness in a criminal case
not to appear at the scheduled hearing so
that the case against his client, the
accused, would be dismissed
o Ordinarily, obstruction of justice constitutes
contempt of court, and citing the
misbehaving lawyer for contempt and
punishing him for such misbehavior may be
sufficient to accomplish the end desired.
However, the misbehavior may be of such
character as to effect the offenders
qualifications as a lawyer for the practice of
law. In such case, he may be disciplined as
a lawyer for such misconduct.
I. Rule 12.01. A lawyer shall not appear for trial
unless he has adequately prepared himself on the
law and the facts of his case, the evidence he will
adduce
A lawyer shall not handle any legal matter
without adequate preparation. (Rule 18.02)
Without adequate preparation, the lawyer may
not be able to effectively assist the court in the
efficient administration of justice. Non-
observance of this rule might result in:
1) The postponement of the pre-trial or
hearing, which would thus entail delay in
the early disposition of the case,
2) The judge may consider the client non-
suited or in default or
3) The judge may consider the case deemed
submitted for decision without clients
evidence, to his prejudice. (Agpalo)
II. Rule 12.02. A lawyer shall not file multiple
actions arising from the same cause
The plaintiff or principal party shall certify
under oath in the complaining or other
initiatory pleading asserting a claim for relief,
or in a sworn certification annexed thereto and
simultaneously filed therewith:
a) that he has not theretofore commenced
any action or filed any claim involving
the same issues in any court, tribunal
or quasi-judicial agency and, to the
best of his knowledge, no such other
action or claim is pending therein;
b) if there is such other pending action or
claim, a complete statement of the
present status thereof; and
c) if he should thereafter learn that the
same or similar action or claim has
been filed or is pending, he shall report
2008 Page 21 of 74

that fact within 5 days therefrom to the
court wherein his aforesaid complaint
or initiatory pleading has been filed.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other
initiatory pleading but shall cause for the
dismissal of the case without prejudice,
unless otherwise provided, upon motion
after hearing. The submission of false
certification or non-compliance with any of
the undertaking therein shall constitute
indirect contempt of court, without
prejudice to the corresponding
administrative and criminal actions. If the
acts of the party or his counsel clearly
constitute willful and deliberate forum
shopping, the same shall be ground for
summary dismissal with prejudice and shall
constitute direct contempt, as well as a
cause for administrative sanctions. (ROC,
Rule 7, Sec. 5)
Rule 12.02 stresses the affirmative duty of a
lawyer to check against useless litigations. His
signature in every pleading constitutes a
certificate by him that to the best of his
knowledge there is a good ground to support it
and that it is not to interpose for delay. The
willful violation of this rule may subject him to
(1) appropriate disciplinary action or (2) render
him liable for the costs of litigation. (Agpalo)
Forum shopping is prohibited by Supreme
Court Circular No. 28-91 --ANNEXED, which
is now integrated in the Rules of Civil
Procedure.
III. Rule 12.03. A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda or
briefs, let the period lapse without submitting to
the same or offering an explanation for his failure
to do so.
Where a lawyers motion for extension of time
to file a pleading, memorandum or brief has
remained unacted by the court, the least that is
expected of him is to file it within the period
asked for (Agpalo)
IV. Rule 12.04. A lawyer shall not unduly delay a
case, impede the execution of a judgment or
misuse court processes.
Notes from Agpalo
o While a client may withhold from his
counsel certain facts or give him false
information to attain his unlawful ends, a
lawyer can easily see through the clients
action either before or at the early stage of
the litigation
o If after his appearance a lawyer discovers
that his client has no case, he may not
unceremoniously abandon the action. He
should advise his client to discontinue the
action or to confess judgment, and if the
client is determined to pursue it he should
ask that he be relieved from professional
responsibility
100% UP LAW UP BAROPS
LEGAL ETHICS
o If a lawyer is honestly convinced of the
futility of an appeal in a civil suit he should
not hesitate to temper his clients desire to
seek appellate review of such decision for
unless, he could show sufficient cause for
reversal, he would only succeed in planting
false hope in his clients mind, increasing
the burden on appellate tribunals,
prolonging litigation unnecessarily and
exposing his client to useless expenses.
o Nonetheless a lawyer should not, solely on
his own judgment, let the decision become
final by letting the period to appeal lapse,
without informing his client of the adverse
decision and of his candid advice in taking
appellate review thereof, well within the
period to appeal, so that the client may
decide whether to pursue appellate review.
In expropriation proceedings by the NAPOCOR
against several lot owners in Bulacan, the
president of an organization of the lot owners
entered into a contract for legal services with
Atty. Principe. The complainant Malonso, a
member of the same organization, appointed
on the other hand a certain Elfa as his
attorney-in-fact on the matter of negotiation
with NPC. Eventually, an amicable settlement
was had between NAPOCOR and the lot
owners. More than two years after the
expropriation cases were instituted, Atty.
Principe filed his motion to separate legal fees
and filed his Notice of Entry of Appearance
claiming that he is the legal counsel of the lot
owners. The other lot owners including Malonso
wrote a letter to NPC informing the latter that
they have never authorized Sandamas
President to hire the services of Atty. Principes
law firm to represent them. Atty. Principe filed
several motions to ensure his claim to the 40%
of the selling price of the properties being
expropriated. An investigation conducted by
the IBP recommended Atty. Principes
suspension from the practice of law for two
years on the ground that Atty. Principe had
violated among others Rule 12.04 which says
that a lawyer shall not unduly delay a case,
impede the execution of a judgment or misuse
Court processes. In its Resolution, the IBP
Board ordained his suspension from the
practice of law for 2 years. The SC however
found that formal requisites of the investigation
and resolution had not been complied with and
dismissed the case requiring the IBP to comply
with the procedure outlined in Rule 139-B in all
cases involving disbarment and discipline of
attorneys. (Malonzo v. Prinsipe, 447 SCRA 1
(2004))
V VII.
Rule 12.05 A lawyer shall refrain from talking
to his witness during the break or recess in the
trial, while the witness is still under examination.
Rule 12.06 A lawyer shall not knowingly assist
a witness to misrepresent himself or to
impersonate another.
Rule 12.07 A lawyer shall not abuse, browbeat
or harass a witness nor needlessly inconvenience
him.
2008 Page 22 of 74

Rule 132, sec. 3. Rights and obligations of a
witness. A witness must answer questions,
although his answer may tend to establish a
claim against him. However, it is the right of a
witness:
o To be protected from irrelevant, improper,
or insulting questions, and from harsh or
insulting demeanor;
o Not to be detained longer than the interests
of justice require;
o Not to be examined except only as to
matters pertinent to the issue;
o Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law; or
o Not to give an answer which will tend to
degrade his reputation, unless it be to the
very fact at issue or to a fact from which
the fact in issue would be presumed. But a
witness must answer to the fact of his
previous conviction for an offense.
P.D. No. 1829 Penalizing the obstruction
of apprehension and prosecution of
criminal offenders (1981)ANNEXED
Notes from Agpalo:
Rule 12.05. The purpose of this rule is to
avoid any suspicion that he is coaching the
witness what to say during the resumption
of the examination
Rule 12.06. A lawyer may interview
witnesses in advance of trial or attend to
their needs if they are poor but he should
avoid any such action as may be
misinterpreted as an attempt to influence
the witness what to say in court. Court will
not give weight on a testimony of a witness
who admits having been instructed. A
lawyer who presents a witness whom he
knows will give a false testimony or is an
impersonator may be subjected to
disciplinary action.
Rule 12.07. The lawyer has a duty to
always treat adverse witnesses and suitors
with fairness and due consideration
Rule 12.07. The client cannot be made the
keeper of the lawyers conscience in
professional matters. He has no right to
demand that his counsel abuse the
opposite party and the latters witnesses or
indulge in offensive personalities. Improper
speech is not excusable on the ground that
it is what the client would say if speaking in
his own behalf
Rule 12.07. If it is the judge who subjects
the witness to harsh treatment, the lawyer
has the right to protest in a respectful and
dignified manner the action of the judge
and to make the incident of record without
being held liable administratively or for
contempt of court
VIII. RULE 12.08 A LAWYER SHALL AVOID
TESTIFYING IN BEHALF OF HIS
CLIENT; EXCEPT:
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
100% UP LAW UP BAROPS
LEGAL ETHICS
which event he must, during his testimony,
entrust the trial of the case to another counsel.
The underlying reason for the impropriety of a
lawyer acting in such dual capacity lies in the
difference between the function of a witness
and that of an advocate. The function of a
witness is to tell the facts as he recalls then in
answer to questions. The function of an
advocate is that of a partisan. It is difficult to
distinguish between the zeal of an advocate
and the fairness and impartiality of a
disinterested witness (Agpalo)
Although the law does not forbid an attorney to
be a witness and at the same time an attorney
in a cause, the courts prefer that counsel
should not testify as witness unless it is
necessary and that they should withdraw from
the active management of the case. Canon 19
of the Code of Legal Ethics provides that when
a lawyer is a witness for his client, except as to
merely formal matters. Such as the attestation
or custody of an instrument and the like, he
should leave the trial of the case to other
counsel. Except when essential to the ends of
justice, a lawyer should avoid testifying in court
in behalf of his client. (PNB v. Uy Teng Piao,
57 PHIL 337 (1932))
CANON 13: QUICK REFERENCE
Canon 13. A lawyer shall rely upon the
merits of his cause and refrain from any
impropriety which tends to influence, or gives
the appearance of influencing the court.
Rule 13.01. A lawyer shall not
extend extraordinary attention or
hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
Rule 13.02. A lawyer shall not make
public statements in media regarding a
pending case tending to arouse public
opinion for or against a party.
Rule 13.03. A lawyer shall not
brook or invite interference by another
branch or agency of the government by
another branch or agency of the
government in normal course of
judicial proceedings.
MEMORY AID FOR RULES UNDER CANON 13:
o No Extraordinary Attention (Rule 13.01)
o No Public Statements to Media (Rule 13.02)
o Not to Invite Outside Interference (Rule
13.03)
KNOW MORE:
Grievances must be ventilated through proper
channels (appropriate petitions, motions or
other pleadings) in keeping with the respect
due to the Courts as impartial administrators of
justice entitled to proceed to the disposition of
its business in an orderly manner, free from
outside interference obstructive of its functions
and tending to embarrass the administration of
2008 Page 23 of 74

justice. For though the rights of free speech
and of assembly are constitutionally protected,
an attempt to pressure or influence courts of
justice is no longer within the ambit of
constitutional protection. (Nestle Phil. v.
Sanchez, 154 SCRA 542 (1987))19
Freedom of speech is not absolute, and must
be balanced with the requirements of equally
important public interests, such as the
maintenance of the integrity of the courts and
orderly functioning of the administration of
justice. Unwarranted attacks on the dignity of
the courts cannot be disguised as free speech,
for the exercise of said right cannot be used to
impair the independence and efficiency of
courts or public respect and confidence thereof.
His statements are not fair criticisms of any
decision of the Court, but are threats made
against it to force the Court to decide the issue
in a particular manner, or risk earning the ire of
the public. It tends to promote distrust an
undermines public confidence in the judiciary,
by creating the impression that the Court
cannot be trusted to resolve cases impartially,
uninfluenced by public clamor and other
extraneous influences. (In Re: De Vera, 385
SCRA 285 (2003))20
I. Rule 13.01. A lawyer shall not extend
extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
Notes from Agpalo
o The common practice of some lawyers
making judges and prosecutors godfathers
of their children to enhance their influence
and their law practice should be avoided by
judges and lawyers alike
o A lawyer should not see a judge in chamber
and talk to him about a case he is handling
and pending in the judges court
o A lawyer should not communicate to the
judge the merits of a pending case
II. Rule 13.02. A lawyer shall not make public
statements in media regarding a pending case
tending to arouse public opinion for or against a
party.
Notes from Agpalo:
19
FACTS: Two unions with pending cases before the SC had
intermittent pickets in front of the Padre Faura gate of the SC
building, obstructing access to and egress from the Courts
premises. They also constructed provisional shelters, set up a
kitchen, littered the area causing it to be unhygienic and
unsanitized, waved their red streamers and placards with
slogans, and harangued the court with the use of loudspeakers.
Two justices called the leaders of the unions and their counsel
to inform them that the pickets constitute direct contempt of
court, and that their petitions could not be heard until the
pickets stop. Arty Espinas, the counsel for the unions,
apologized and assured that the acts would not be repeated.
The SC dismissed the contempt charges against Atty. Espinas.
20
FACTS: Atty. De Vera made some remarks to the Philippine
Daily Inquirer regarding a pending 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 Estradas lawyers to declare the plunder law
unconstitutional and that his group was greatly disturbed by
the rumors. In another statement, he said that a decision in
favor of the laws unconstitutionality would trigger mass 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.
100% UP LAW UP BAROPS
LEGAL ETHICS
o Purpose: Newspaper publications regarding
a pending or anticipated litigation may
interfere with a fair trial, prejudice the
administration of justice, or subject a
respondent or a accused to a trial by
publicity and create a public inference of
guilt against him
o The court, in a pending litigation, must be
shielded from embarrassment or influence in
its all important duty of deciding the case.
Thus, what a lawyer can ordinarily say against
a concluded litigation and the manner the
judge handed down the decision may not
generally be said to a pending action.
o Once a litigation is concluded, the judge who
decided it is subject to the same criticism as
any other public official because then, his
ruling becomes public property and is thrown
open to public consumption.
o A newspaper publication tending to impede,
obstruct, embarrass or influence the courts in
administering justice in a pending case
constitutes criminal contempt, but the rule is
otherwise after the litigation is ended.
Televising a court trial would amount to a violation
of due process. A carnival atmosphere would be
created.
Jurisprudence also states that there is nothing
that proscribes the press from reporting events
that transpire in the courtroom. But there is a
reasonable likelihood that the prejudicial news
prior to trial will prevent a fair trial. If publicity
during the proceeding threatens the fairness of
the trial, a new trial shall be ordered.
HOWEVER, THE CASE AT BAR IS DIFFERENT. The
publicity in this case did not focus on the guilt of
the petitioners but rather on the responsibility of
the government for what was claimed to be a
massacre of Muslim trainees. If there was a
trial by newspaper it was not of the petitioner
but of the government. There is no showing that
the courts martial failed to protect the accused
from massive publicity. Protection would include:
controlling the release of information; change the
venue or postpone trial until the deluge of
prejudicial publicity has subsided. Even granting
that there is massive and prejudicial publicity, the
petitioners do not contend that the respondents
have been unduly influenced but simply that they
might be. (Martelino v. Alejandro (1989))
III. Rule 13.03. A lawyer shall not brook or
invite interference by another branch or agency of
the government by another branch or agency of
the government in normal course of judicial
proceedings
Rule 11.05. A lawyer shall submit
grievances against a Judge to the proper
authorities only.
The basis for this rule is the principle of
separation of powers (Aguirre)
2008 Page 24 of 74

D. The Lawyer and the Client
MEMORY AID FOR CANONS UNDER THIS
SECTION:
1. Service to the Needy (Canon 14)
2. Observe Candor, Fairness, Loyalty (Canon 15)
3. Hold in Trust Clients Moneys and Properties
(Canon 16)
4. Trust and Confidence (Canon 17)
5. Competence and Diligence (Canon 18)
6. Representation with Zeal (Canon 19)
7. Attorneys Fees (Canon 20)
8. Preserve Clients Confidence (Canon 21)
9. Withdrawal of Services for Good Cause (Canon
22)
KNOW MORE:
The nature of lawyer-client relationship is
premised on the Roman Law concepts of
1. location conduction operarum (contract of
lease and services) where one person lends
his services and another hires them without
reference to the object of which the
services are to be performed, wherein
lawyers services may be compensated by
honorarium
2. mandato (contract of agency) wherein a
friend on whom reliance could be placed
makes a contract in his name, but gives up
all that he gained by the contract to the
person who requested him. (Regala v.
Sandiganbayan)
Notes from Agpalo:
o The relationship is strictly personal and
highly confidential and fiduciary (something
in trust for another). Thus, delegation is
prohibited absent the clients consent. It
likewise terminates at death of either the
client or the attorney.
o A client can terminate it any time with or
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 permitted to withdraw only with the
consent of his client or with the approval of
the court. The essential feature of the
relation of attorney and client is the fact of
employment. While a written agreement for
professional services is the best evidence to
show the relation, formality is not an
essential element of the employment of a
lawyer
o It is sufficient, to establish the professional
relation, that the advice and assistance of
an attorney is sought and received in any
matter pertinent to his profession
o There is an implied contract of professional
employment where an attorney appears on
behalf of a party without the latter
interposing any objection thereto
o To employ an attorney one has to have
legal capacity to do so. Minors/
incompetents must have a general
guardian/ guardian ad litem has to employ
an attorney.
o 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
100% UP LAW UP BAROPS
LEGAL ETHICS
unless by leave of court
Retainer, defined:
(1) an act of client by which he engages
services of an attorney to render legal advice,
defend or prosecute his cause in court;
(2) fee which a client pays to an attorney when
latter is retained (retaining fee)
o General retainer, defined: secure
beforehand services of attorney for any
legal problem that may afterward arise
o Special retainer, defined: particular case or
service
o Retaining fee, defined: preliminary fee paid
to insure and secure future services, to
remunerate him for being deprived, by
being retained by one party. It prevents
undue hardship resulting from the rigid
observance of the rule forbidding him from
acting as counsel for other party (Agpalo)
Employment of a law firm:
The employment of a law firm is
equivalent to the retainer of a member
thereof even though only one of them
is consulted
CANON 14: QUICK REFERENCE
Canon 14. A lawyer shall not refuse his
services to the needy.
Rule 14.01. A lawyer shall not
decline to represent a person solely on
account of the latters race, sex, creed
or status of life, or because of his own
opinion regarding the guilt of said
person.
Rule 14.02. A lawyer shall not
decline, except for serious and sufficient
cause, an appointment as counsel de
oficio or as amici curiae, or a request
from the Integrated Bar of the
Philippines or any of its chapters for
rendition of free legal aid.
Rule 14.03. A lawyer may refuse to accept
representation of an indigent client if:
a. he is not in a position to carry out the
work effectively or competently;
b. he labors under a conflict of interests
between him and the prospective client or
between a present client and the
prospective client.
Rule 14.04. A lawyer who accepts the cause
of a person unable to pay his professional
fees shall observe the same standard of
conduct governing his relations with paying
clients.
MEMORY AID FOR RULES UNDER CANON 14:
o Availability of Services Regardless of Status
(Rule 14.01)
o Providing Counsel de Oficio (Rule 14.02)
2008 Page 25 of 74

o Valid Ground for Refusal (Rule 14.03)
o Same Standard of Conduct for All Clients (Rule
14.04)
KNOW MORE:
General rule: A private practitioner is not obliged
to act as counsel for a person who may wish to
become his client. He has the right to decline
employment.
Exceptions: Canon 14 provide the exceptions to
the general rule and emphasize the lawyers
public responsibility of rendering legal services to
the needy and the oppressed who are unable to
pay attorneys fees. In such cases, refusal is the
exception rather than the rule.
R.A. 6033. An act requiring courts to give
preference to criminal cases where the
party or parties involved are indigents
(1969)ANNEXED
R.A. 6034. An act providing transportation
and other allowances for indigent
litigants. (1969) ANNEXED
RA 6035. An act requiring stenographers
to give free transcript of notes to indigent
and low income litigants and providing a
penalty for the violation thereof. (1969)
ANNEXED
I. Rule 14.01. A lawyer shall not decline to
represent a person solely on account of the latters
race, sex, creed or status of life, or because of his
own opinion regarding the guilt of said person.
Rule 138, sec. 20 (h-i). Duties of attorneys.It
is the duty of an attorney: (h) Never to reject,
for any consideration personal to himself, the
cause of the defenseless or oppressed. (i) In
the defense of a person accused of crime, by all
fair and honorable means, regardless of his
personal opinion as to the guilt of the accused,
to present every defense that the law permits,
to the end that no person may be deprived of
life or liberty, but by due process of law
Rule 14.01 makes it his duty not to decline to
represent the accused regardless of his opinion
as to his guilt. Note that in criminal cases, it
is easy to take accused because of presumption
of innocence and proof beyond reasonable
doubt.
It is the lawyers duty to counsel or maintain
such actions or proceedings only as appear to
him to be just, and such defenses only as he
believes to be honestly debatable under law.
He is not to encourage the commencement or
the continuance of an action or delay any
mans cause, for any corrupt motive or
interest. He must decline to conduct a civil
case or to make a defense when convinced
that it is intended merely to harass or injure
the opposite party or to work oppression or
wrong. If he were to take a bad civil case for a
plaintiff, it will only be to advise him not to file
the action or to settle it with the claimant. If
he were to accept the defense of a bad civil
case against a defendant, it will either be to
exert his best effort toward a compromise or,
to tell his client to confess judgment. In
criminal cases: easy to take accused because
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LEGAL ETHICS
of presumption of innocence and proof beyond
reasonable doubt. (Agpalo)
Rule 2.01. A lawyer shall not reject, except for
valid reasons, the cause of the defenseless or
the oppressed.
II. Rule 14.02. A lawyer shall not decline,
except for serious and sufficient cause, an
appointment as counsel de oficio or as amici curiae,
or a request from the Integrated Bar of the
Philippines or any of its chapters for rendition of
free legal aid.
Rule 138 sec. 20 (h), Duties of attorneys. It
is the duty of an attorney: (h) Never to reject,
for any consideration personal to himself, the
cause of the defenseless or oppressed;
Rule 138, sec. 31 Attorneys for destitute
litigants.A court may assign an attorney to
render professional aid free of charge to any
party in a case, if upon investigation it appears
that the party is destitute and unable to employ
an attorney, and that the services of counsel
are necessary to secure the ends of justice and
to protect the rights of the party. It shall be
the duty of the attorney so assigned to render
the required service, unless he is excused
therefrom by the court for sufficient cause
shown.
Rule 116, sec. 6. Duty of court to inform
accused of his right to counsel.Before
arraignment, the court shall inform the accused
of his right to counsel and ask him if he desires
to have one. Unless the accused is allowed to
defend himself in person or has employed
counsel of his choice, the court must assign a
counsel de oficio to defend him.
Rule 116, sec. 7. Appointment of counsel de
oficioThe court shall appoint a counsel de
oficio to defend a client, considering [1] the
gravity of the offense, [2] the difficulty of the
questions that may arise, [3] and the
experience and ability of the appointee. The
counsel must be [1] a member of the bar in
good standing [2] or, in localities without
lawyers, any person of good repute for probity
and ability
Rule 116, sec. 8. Time for counsel de oficio to
prepare for arraignment. Whenever a
counsel de oficio is appointed by the court to
defend the accused at the arraignment, he
shall be given a reasonable time to consult with
the accused as to his plea before proceeding
with the arraignment.
Rule 124 (Case on Appeal in the CA), sec. 2.
Appointment of counsel de oficio for the
accused.If it appears from the record of the
case transmitted that [1] the accused is
confined in prison, [2] is without counsel de
parte on appeal, or [3] has signed the notice
of appeal himself, the clerk of court of the CA
shall designate a counsel de oficio.
An appellant who is not confined in prison may,
upon request, be assigned a counsel de oficio
within the 10 days from receipt of the notice to
file brief and he establishes his right thereto by
affidavit
2008 Page 26 of 74

P.D. 543. Authorizing the designation of
municipal judges and lawyers in any
branch of the government service to act as
counsel de oficio for the accused who are
indigent in places where there are no
available practicing lawyers. (1974)
ANNEXED
Counsel de Oficio, defined: a counsel,
appointed or assigned by the court, from
among such members of the bar in good
standing who by reason of their experience and
ability, may adequately defend the accused.
(Agpalo)
Rule 138, sec. 36. Amicus curiae.
Experienced and impartial attorneys may be
invited by the Court to appear as amici curiae
to help in the disposition of issues submitted to
it.
Amicus curiae, defined: A friend of the court;
a bystander (usually a counselor) who
interposes or volunteers information upon
some matter of law in regard to which the
judge is doubtful or mistaken. (Agpalo)
III. Rule 14.03. A lawyer may refuse to accept
representation of an indigent client if:
a. he is not in a position to carry out the work
effectively or competently;
b. he labors under a conflict of interests
between him and the prospective client or
between a present client and the prospective
client.
IV. Rule 14.04. A lawyer who accepts the
cause of a person unable to pay his professional
fees shall observe the same standard of conduct
governing his relations with paying clients.
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LEGAL ETHICS
CANON 15: QUICK REFERENCE
Canon 15. A lawyer shall observe candor,
fairness and loyalty in all his dealings and
transactions with his clients.
Rule 15.01. A lawyer, in conferring
with a prospective client, shall ascertain
as soon as practicable whether the
matter would involve a conflict with
another client or his own interest, and if
so, shall forthwith inform the
prospective client.
Rule 15.02. A lawyer shall be bound
by the rule on privileged communication
in respect of matters disclosed to him by
a prospective client.
Rule 15.03. A lawyer shall not
represent conflicting interests except by
written consent of all concerned given
after a full disclosure of the facts.
Rule 15.04. A lawyer may, with the
written consent of all concerned, act as
mediator, conciliator or arbitrator in
settling disputes.
Rule 15.05. A lawyer when advising
his client shall give a candid and honest
opinion on the merits and probable
results of the clients case, neither
overstating nor understanding the
prospects of the case.
Rule 15.06. A lawyer shall not state
or imply that he is able to influence any
public official, tribunal or legislative
body.
Rule 15.07. A lawyer shall impress
upon his client compliance with the laws
and the principles of fairness.
Rule 15.08. A lawyer who is engaged
in another profession or occupation
concurrently with the practice of law
shall make clear to his client whether he
is acting as a lawyer or in another
capacity.
MEMORY AID FOR RULES UNDER CANON 15:
o Conflict of Interest (Rule 15.01 and 15.03)
o Privileged Communication (Rule 15.02)
o Mediator, Conciliator or Arbiter (Rule 15.04)
o Candid, Honest Advice (Rule 15.05)
o Not to Claim Influence (Rule 15.06)
o Impress Compliance with Laws (Rule 15.07)
o Dual Profession (Rule 15.08)
KNOW MORE:
This canon is based on the character of the
attorney-client relationship which is strictly
personal and highly confidential and
2008 Page 27 of 74

fiduciary. Only in such a relationship can a
person be encouraged to repose confidence in
an attorney. The canon therefore is required by
necessity and public interest and is based on
the hypothesis that abstinence from seeking
legal advice in a good cause is an evil which is
fatal to the administration of justice. (Agpalo)
I II.
Rule 15.01. A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable whether the matter would involve a
conflict with another client or his own interest, and
if so, shall forthwith inform the prospective client.
Rule 15.03. A lawyer shall not represent
conflicting interests except by written consent of all
concerned given after a full disclosure of the facts.
Art. 209 Revised Penal Code. Betrayal of trust
by an attorney. or solicitor.Revelation of
Secrets.In addition to the proper
administrative action, shall be imposed upon
an attorney-at-law or solicitor (procurador
judicial) who, by any malicious breach of
professional duty or of inexcusable negligence
or ignorance, shall prejudice his client, or
reveal any of the secrets of the latter learned
by him in his professional capacity
Tests of Conflict of Interest:
1. when, on behalf of one client, it is the
attorneys duty to contest for that which his
duty to another client requires him to
oppose or when the possibility of such
situation will develop;
2. whether the acceptance of the new relation
will prevent a lawyer from the full
discharge of his duty of undivided fidelity
and loyalty to his client or will invite
suspicion of unfaithfulness in the
performance thereof; and
3. whether a lawyer will be called upon in his
new relation to use against his first client
any knowledge acquired in the previous
employment.
The proscription against representation of
conflicting interests finds application where the
conflicting interests arise with respect to the
same general matter and is applicable however
slight such adverse interest may be. It applies
although the attorneys intentions and motives
were honest and he acted in good faith.
Rule against representing conflicting interests
applies even if the conflict pertains to the
lawyers private activity or in the performance
in a non-professional capacity, and his
presentation as a lawyer regarding the same
subject matter.
Effect of termination of attorney-client relation
o Termination of relation of attorney and
client provides no justification for a lawyer
to represent an interest adverse to or in
conflict with that of the former client.
Neither may he do anything injurious to his
former client nor use against former client
any knowledge or information gained.
o Reason: clients confidence, once reposed,
cannot be divested by the expiration of
professional employment
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LEGAL ETHICS
Opposing clients in same or related suits
An attorney who appears for opposing
clients in the same or related actions puts
himself in that awkward position where he
will have to contend on behalf of one client
that which he will have to oppose on behalf
of the other client. He cannot give
disinterested advice to both clients but will
instead be called on to use confidential
information against one client in favor of
the other in view of the identicalness or
relatedness of the subject.
Even though the opposing clients, after full
disclosure of the fact, consent to the
attorneys dual representation, the lawyer
should, when his clients cannot see their
way clear to settling the controversy
amicably, retire from the case.
Opposing clients in unrelated actions
o A lawyer owes loyalty to his client not only
in the case in which he has represented
him but also after the relation of attorney
and client has terminated because it is not
good practice to permit him afterwards to
defend in another case another person
against his former client under the pretext
that the case is distinct from, and
independent of, the former case.
o It is improper for a lawyer to appear as
counsel for one party against the adverse
party who is his client in another totally
unrelated action. The attorney in that
situation will not be able to pursue, with
vigor and zeal, the clients claim against
the other and to properly represent the
latter in the unrelated action; or, if he can
do so, he cannot avoid being suspected by
the defeated client of disloyalty of partiality
in favor of the successful client
New client against former client
o A lawyer cannot represent a new client
against a former client only when the
subject matter of the present controversy
is related, directly of indirectly, to the
subject matter of the previous litigation in
which he appeared for the former client. He
may properly act as counsel for a new
client, with full disclosure to the latter,
against a former client in a matter wholly
unrelated to that of the previous
employment, there being no conflict of
interests.
o Reason: what a lawyer owes to former
client is to maintain inviolate the clients
confidence or to refrain from doing
anything which will injuriously affect him in
any matter which he previously
represented him; in this case, duty does
not arise
o Where subject matter of present suit
between the lawyers new client and his
former client is in some way connected,
prohibition applies even if no confidential
information was acquired
Conflicting duties
o A lawyer may not, as an employee of a
corporation whose duty is to attend to its
legal affairs, join a labor union of
employees in that corporation because the
exercise of the unions rights is
2008 Page 28 of 74

incompatible with his duty as a lawyer for
his corporate client
o A lawyer may not, as counsel for a client,
attack the validity of the instrument
prepared by him
Attorneys interest vs. Clients interest
o An attorney should not put himself in a
position where self-interest tempts him to
do less than his best for his client. (e.g., it
is improper to have financial stakes in
subject matter of suit brought on behalf of
his client)
Rule applicable to law firm
o Where a lawyer is disqualified or forbidden
from appearing as counsel in a case
because of conflict of interests, the law firm
of which he is a member as well as any
member, associate or assistant is similarly
disqualified or prohibited from so acting.
o This rule is a corollary of the rule that the
employment of one member of a law firm is
considered as an employment of the law
firm and that the employment of a law firm
is equivalent to a retainer of the members
thereof.
Notes from Agpalo:
o The canon therefore is required by
necessity and public interest and is based
on the hypothesis that abstinence from
seeking legal advice in a good cause is an
evil which is fatal to the administration of
justice.
o The disclosure is more for the protection of
the lawyer than that of the client, so that
the client may not lose confidence in him,
which may even affect his fee. If the lawyer
does not disclose anything, a client may
assume the lawyer has no interest which
will interfere with his devotion to the cause
confided to him or betray his judgment.
For attorney-client privilege to apply, however,
the period to be considered is the date when
the privileged communication was 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 the future.
(if past, privilege applies; if future, does not
apply) In order that a communication between
a lawyer and his client be privileged, it must be
for a lawful purpose or in the furtherance of a
lawful end. (People v. Sandiganbayan, 275
SCRA 505 (1996))
The general rule is that a lawyer may not
invoke the privilege and refuse to divulge the
name or identity of his client. The reasons for
this are that:
o The Court has a right to know that the
client whose privileged information is
sought to be protected is flesh and blood.
o The privilege begins to exist only after the
attorney-client relationship has been
established. The privilege does not attach
until there is a client.
o The privilege pertains to the subject matter
of the relationship.
o Due process considerations require that the
opposing party should know his adversary.
(Metaphor: He cannot be obliged to grope
in the dark against unknown forces.)
100% UP LAW UP BAROPS
LEGAL ETHICS
The general rule is however qualified by some
exceptions. Client identity is privileged
o Where a strong probability exists that
revealing the clients name would implicate
the client in the very activity for which he
sought the lawyers advice.
o Where disclosure would open the client to
civil liability.
o Where the governments lawyers have no
case against an attorneys client unless by
revealing the clients name, the said name
would furnish the only link that would form
the chain of testimony necessary to convict
an individual of a crime.
Information relating to the identity of the
client may fall within the ambit of the
privilege when the clients name itself has
an independent significance, such that
disclosure would then reveal client
confidences. (Regala v. Sandiganbayan,
262 SCRA 122 (1996))
Limitations to general rule
The prohibition against representing
conflicting interests does not apply:
1. where no conflict of interests exists (e.g. a
lawyer may represent new client against
former client where both actions are
unrelated and where lawyer will not be
called to oppose what he had espoused on
behalf of former client not use confidential
info against former client.)
2. where the clients knowingly consent to dual
representation in writing
Lawyer may represent conflicting
interests before it reaches the court but
only after full disclosure of the facts
and express written consent of all
parties.
Where representation by a lawyer is for
both opposing parties, their written
consent may enable the lawyer to
represent them before but not after
their controversy has reached the
court. After the controversy has
reached the court, the lawyer cannot,
even with the parties written consent,
represent both of them without being
held administratively liable as an officer
of the court.
Disclosure should include thorough
explanation of nature and extent of
conflict and possible adverse effects of
dual representation. This should
include disclosure of the lawyers
present and/or former clients who have
conflicting interests.
Advantage: a mutual lawyer, impartial
and with honest motivations, may be
better situated to work out an
acceptable settlement since he has
confidence of both parties
A lawyer may represent new client
against former client only after full
disclosure and written consent. Former
clients written consent constitutes a
release from obligation to keep
inviolate the clients confidences or to
desist from injuriously affecting him in
any matter which he previously
represented.
2008 Page 29 of 74

Where circumstances show parties
require independent counsel, or where
lawyer may be suspected of disloyalty,
he should immediately withdraw from
the case.
General rule that a lawyer may be
allowed to represent conflicting
interests, where parties consent,
applies only where one is a former
client and the other is a new one, not
where both are current clients.
Lawyer may not represent conflicting
interests, even with consent, where the
conflict is between the attorneys
interest and that of a client (self-
interest should yield to clients interest)
or between a private clients interest
and that of the govt or any of its
instrumentalities (public policy and
public interest forbid dual
representation).
3. where no true attorney-client relationship is
attendant
Absence of true attorney-client
relationship either with the attorney or
with the law firm of which he is a
member makes the prohibition
inapplicable.
Exception: attorneys secretary,
stenographer or clerk who, in such
capacity, has acquired confidential
information from attorneys client, may
not accept employment or, after
admission to the bar, represent an
interest adverse to that of attys client.
Effects of representation of conflicting interests
o Representation of conflicting interests
subjects the lawyer to disciplinary action.
The reason is that the representation of
conflicting interests not only constitutes
malpractice but also a violation of the
confidence which results from the attorney-
client relationship, of the oath of a lawyer
(in that he did not serve his clients interest
well) and of his duty to both the client and
the court.
o If representation of conflicting interests is
unknown and works prejudice against new
client, judgment against the latter may be
set aside. Basis: a lawyer disqualified from
appearing on account of inconsistency of
duties is presumed to have improperly and
prejudicially advised and represented the
party from beginning to end of litigation.
Two questions to be asked:
(1) Did the attorney discharge or have
opportunity to discharge conflicting
interests?
(2) Did the new client suffer prejudice? If
yes to both, adverse judgment against new
client may be justified.
o Attorneys right to be paid for his services
to former client may be affected by
representation of conflicting interests, only
if 2 matters are related and the former
client objected to such representation. But
new client may not defeat attorneys right
to fees in the absence of concealment and
prejudice by reason of attorneys previous
professional relationship with opposing
party.
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LEGAL ETHICS
There is conflict of interest when a lawyer
represents inconsistent interest of two or more
opposing parties. The test is whether or not in
behalf of one client, it is the lawyers duty to
fight for an issue or claim, but it is his duty to
oppose it for the other client. Also, if the
acceptance of the new retainer will require the
attorney to perform an act which will injuriously
affect his first client in any matter in which he
represents him and also whether he will be
called upon in his new relation to use against
his first client any knowledge acquired through
their connection. Another test is whether the
acceptance of a new relation will prevent an
attorney from the full discharge of his duty of
undivided fidelity and loyalty to his client or
invite suspicion of unfaithfulness or double-
dealing in the performance thereof. (Hornilla
v. Salunat (2003))
III. Rule 15.02. A lawyer shall be bound by the
rule on privileged communication in respect of
matters disclosed to him by a prospective client.
Art. 209 Revised Penal Code. Betrayal of
trust by an attorney. or solicitor.Revelation of
Secrets.In addition to the proper
administrative action, shall be imposed upon
an attorney-at-law or solicitor (procurador
judicial) who, by any malicious breach of
professional duty or of inexcusable negligence
or ignorance, shall prejudice his client, or
reveal any of the secrets of the latter learned
by him in his professional capacity.
Exceptions to privilege (Aguirre):
1. When a lawyer is accused by the client and
he needs to reveal information to defend
himself
2. When the client discloses the intention to
commit a crime or unlawful act. (Future
crime)
For attorney-client privilege to apply, however,
the period to be considered is the date when
the privileged communication was 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 the future.
(if past, privilege applies; if future, does not
apply) In the present case, testimony sought
to be elicited from Sansaet are communications
made to him by physical acts and/or
accompanying words of Paredes at the time he
and Honrada, either with active or passive
participation of Sansaet, were about to falsify,
or in the process of falsifying, the documents
which were later filed by Sansaet in the
Tanodbayan. Crime of falsification had not yet
been committed, hence, they are not covered
by the privilege. It could also not have been
covered by the privilege because Sansaet was
himself a conspirator in the commission of the
crime of falsification. In order that a
communication between a lawyer and his client
be privileged, it must be for a lawful purpose or
in the furtherance of a lawful end. On the
contrary, Sansaet, as lawyer, may be bound to
disclose the info at once in the interest of
justice. (People v. Sandiganbayan (1997))
2008 Page 30 of 74

IV. Rule 15.04. A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
An attorneys knowledge of the law and his
reputation for fidelity may make it easy for the
disputants to settle their differences amicably.
However, he shall not act as counsel for any of
them. (Agpalo)
V. Rule 15.05. A lawyer when advising his client
shall give a candid and honest opinion on the
merits and probable results of the clients case,
neither overstating nor understanding the
prospects of the case.
A lawyer is bound to give candid and honest
opinion on the merit or lack of merit of clients
case, neither overstating nor understating the
prospect of the case. He should also give an
honest opinion as to the probable results of the
case, with the end in view of promoting respect
for the law and the legal processes. (Agpalo)
VI. Rule 15.06. A lawyer shall not state or imply
that he is able to influence any public official,
tribunal or legislative body.
This rule protects against influence peddling.
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 exact big fees for such
influence (Agpalo)
VII. Rule 15.07. A lawyer shall impress upon his
client compliance with the laws and the principles
of fairness.
Art. 19 Civil Code. Every person must, in the
exercise of his rights and in the performance of
his duties, act with justice, give everyone his
due and observe honesty and good faith.
Notes from Agpalo:
o A lawyer is required to represent his client
within the bounds of the law. The CPR
enjoins him to employ only fair and honest
means to attain the lawful objectives of his
client and warns him not to allow his client
to dictate procedure in handling the case.
He may use arguable construction of the
law or rules which are favorable to his
client. But he is not allowed to knowingly
advance a claim or defense that is
unwarranted under existing law.
o A lawyer should comply with the clients
lawful requests. But he should resist and
should never follow any unlawful
instructions. In matters of law, it is the
client who should yield to the lawyer and
not the other way around.
o A lawyer must also observe and advice his
client to observe the statute law, thought
until a statute shall have been construed
and interpreted by competent jurisdiction,
he is free and is entitled to advice as to its
validity and as to what he conscientiously
believes to be its just meaning and extent
VIII. Rule 15.08. A lawyer who is engaged in
another profession or occupation
concurrently with the practice of law shall
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LEGAL ETHICS
make clear to his client whether he is
acting as a lawyer or in another capacity.
Exercise of dual profession is not prohibited but
a lawyer must make it clear when he is acting
as a lawyer and when he is otherwise,
especially in occupations related to the practice
of law. Reason: certain ethical considerations
may be operative in one profession and not in
the other. (Agpalo)
A lawyer is not barred from dealing with his
client but the business transaction must be
characterized with utmost honesty and good
faith. Business transactions between an
attorney and his client are disfavored and
discouraged by policy of law because by virtue
of a lawyers office, he is an easy position to
take advantage of the credulity and ignorance
of his client. Thus, there is no presumption of
innocence or improbability of wrongdoing in
favor of lawyers. MOREOVER, the proscription
against representation of conflicting interests
finds application where the conflicting interests
arise with respect to the same general matter
and is applicable however slight such adverse
interest may be. It applies although the
attorneys intentions and motives were honest
and he acted in good faith. Representation of
conflicting interests may be allowed where the
parties give an informed consent to the
representation after full disclosure of facts. The
lawyer must explain to his clients the nature
and extent of the conflict and the possible
adverse effects must be thoroughly understood
by his clients. The test to determine whether
there is conflict of interest in the representation
is the probability, not the certainty of conflict.
(Nakpil v. Valdez, 286 SCRA 758 (1998))21
21
FACTS: Atty. Carlos Valdes was the lawyer and accountant of
the Nakpils. In 1965, Jose Nakpil wanted to buy a summer
residence in Baguio City but because of lack of funds, he agreed
that Valdes would keep the property in trust until the Nakpils
could buy it back. Valdes took out two loans to purchase the
property. In 1973, Jose Nakpil died. The ownership of the
Baguio property became an issue in the intestate proceedings as
Valdes excluded it from the inventory of Joses estate. In 1978,
Valdes transferred his title to the property to his company. The
estate filed an action for reconveyance and the adminstratix
filed an administrative case to disbar Valdes for (1) maliciously
appropriating the property in trust to his family corporation (2)
including in the claims against the estate the amounts of the two
loans which he claimed were Joses loans probably for the
purchase of a house and lot in Moran St., Baguio City and (3) for
conflict of interest, since his auditing firm prepared the list of
claims of creditors who were also represented by his law firm.
The SC suspended Valdes from the practice of law for one year
2008 Page 31 of 74

CANON 16: QUICK REFERENCE
Canon 16. A Lawyer shall hold in trust all
moneys and properties of his client that may
come into his possession.
Rule 16.01. A lawyer shall account
for all money or property collected or
received for or from the client.
Rule 16.02. A lawyer shall keep the
funds of each client separate and apart
from his own and those of others kept
by him.
Rule 16.03. A lawyer shall deliver
the funds and property to his client
when due or upon demand. However,
he shall have a lien over the funds and
may apply so much thereof as may be
necessary to satisfy his lawful fees and
disbursements, giving notice promptly
thereafter to his client. He shall also
have a lien to the same extent on all
judgments and executions he has
secured for his client as provided for in
the Rules of Court.
Rule 16.04. A lawyer shall not borrow
money from his client unless the clients
interests are fully protected by the nature of
the case or by independent advice. Neither
shall a lawyer lend money to a client except
when, in the interest of justice, he has to
advance necessary expenses in a legal matter
he is handling for the client.
MEMORY AID FOR RULES UNDER CANON 16:
o Account (Rule 16.01)
o Keep Clients Fund Separate (Rule 16.02)
o Lawyers Lien (Rule 16.03)
o No Borrowing, Lending (Rule 16.04)
KNOW MORE:
Art. 1491(5) Civil Code. The following persons
cannot acquire by purchase, even at a public
auction, wither in person or through the
mediation of another: (5) Justices, judges,
prosecuting attorneys, clerks of superior and
inferior courts, and other officers and
employees connected with the administration of
justice, the property and rights in litigation or
levied upon an execution before the court
within whose jurisdiction or territory they
exercise their respective functions; this
prohibition includes the act of acquiring by
assignment and shall apply to lawyers, with
respect to the property and tights which may
be the object of any litigation in which they
may take part by virtue of their profession.
Elements of Art. 1491 (Aguirre)
o Property or interest is in litigation
o Attorney takes part as counsel in the case
involving said property
o Purchase, acquisition by attorney, by
himself or through another of the property
in litigation, during the pendency of the
case.
100% UP LAW UP BAROPS
LEGAL ETHICS
(purchase includes mortgage of property in
litigation to lawyer. In this case, acquisition is
merely postponed until foreclosure but the
effect is the same)
Application of the Rule
When all the following four elements are present
there is a violation of law and ethically improper
conduct:
1. there must be attorney-client relationship
2. the property or interest of the client must
be in litigation
3. the attorney takes part as counsel in the
case
4. the attorney himself or through another
purchases such property or interest during
the pendency of the litigation
When the rule inapplicable
The absence of one element renders prohibition
inapplicable (e.g. an attorney may bid on behalf of
his client at the auction sale of the clients property
in litigation since it is not for his own benefit)
contingent fee contract: allowed since it
neither gives nor purports to give to the
attorney an absolute right, personal or real, in
the subject matter during the pendency of the
litigation; the measure of compensation
provided is a mere basis for the computation of
fees and the payment made from the proceeds
of the litigation is effected only after its
successful termination. A distinction must be
made between purchasing an interest in the
litigation to enable a lawyer to litigate on his
own account or to abuse the clients confidence
(prohibited) and accepting compensation
contingent upon the result of the litigation
(allowed). Note, however, that a contingent
fee contract which is unreasonable ceases to be
a measure of due compensation for services
rendered.
Effects of Prohibited Purchase
o A prohibited purchase is null and void ab
initio; public interest and public policy
dictate that its nullity is definite and
permanent and cannot be cured by
ratification. The lawyer will be deemed to
hold the property in trust for the client.
o The client is therefore entitled to recover
property and interest from his attorney
with the fruits. The client should, however,
return the purchase price and the legal
interests.
I. Rule 16.01. A lawyer shall account for all
money or property collected or received for or from
the client.
Notes from Agpalo:
o A lawyer holds money or property, which he
received from or for his client, in trust and
should promptly make an accounting thereof.
o If money or property entrusted was not used
for its purpose, it should be returned
immediately to the client. Failure to return
would raise presumption that he
misappropriated the money/property
o Money received by a lawyer from a person
who is not his client is also held by him in
2008 Page 32 of 74

trust and he is under obligation to account for
it.
o The circumstance that a lawyer has a lien for
his attorneys fees over the clients money in
his possession does not relieve him from the
obligation to make a prompt accounting and
his failure to do so constitutes professional
misconduct
In the present case, respondent collected
money from the complainant and the nephew
of the detained person in the total amount of
P64,000 for the immediate release of the
detainee through his alleged connection with a
Justice of the Supreme Court. Not only that,
respondent even had the audacity to tell
complainant that the Justices of the Supreme
Court do not accept checks.
As with other cases against him, respondent
has demonstrated a penchant for
misrepresenting to clients that he has the
proper connections to secure the relief they
seek, and thereafter, ask for money, which will
allegedly be given to such connections. In so
doing, respondent placed the Court in dishonor
and public contempt. He deserves to be
disbarred from the practice of law. (Berbano
v. Barcelona, 410 SCRA 258 (2003))
A lawyer, under his oath, pledges himself not
to delay any man for money or malice and is
bound to conduct himself with all good fidelity
to his clients. He is obligated to report promptly
the money of his clients that has come into his
possession (otherwise a violation of Sec. 25,
Rule 138 of ROC). He should not commingle it
without his clients consent. He should maintain
a reputation for honesty and fidelity to private
trust. The fact that a lawyer has a lien for fees
on money in his hands would not relieve him
from the duty of promptly accounting for the
funds received. (Daroy v. Legaspi (1975))22
II. Rule 16.02. A lawyer shall keep the
funds of each client separate and apart from his
own and those of others kept by him.
A lawyer should keep funds of each client
separate and apart from his own. He should not
use clients money for personal purposes
without clients consent. He should report
promptly the money of his client in his
possession. (Agpalo)
III. Rule 16.03. A lawyer shall deliver the
funds and property to his client when due or upon
demand. However, he shall have a lien over the
funds and may apply so much thereof as may be
necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to
his client. He shall also have a lien to the same
extent on all judgments and executions he has
secured for his client as provided for in the Rules of
Court.
22
FACTS: The SC disbarred Atty. Legaspi who, without his
clients knowledge, received from the deputy provincial sheriff
P4, 000 as their share in the intestate proceeding of their
maternal grandparents. He misled his clients by informing them
that they could withdraw the money but later admitted that he
had withdrawn the money and spent it. The SC disbarred Atty.
Legaspi.
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LEGAL ETHICS
Rule 138, sec. 37. Attorneys liens.An
attorney shall have a lien upon the funds,
documents and papers of his client which have
lawfully come into his possession and may
retain the same until his lawful fees and
disbursements have been paid, and may apply
such funds to the satisfaction thereof. He shall
also have a lien to the same extent upon all
judgments for the payment of money, and
executions issued in pursuance of such
judgments, which he has secured in a litigation
of his client, from and after the time when he
shall have caused a statement of his claim of
such lien to be entered upon the record of the
court rendering such judgment, or issuing such
execution, and shall have caused written notice
thereof to be delivered to his client and power
over such judgments and executions as his
client would have to enforce his lien and secure
the payment of his just fees and
disbursements.
If client agrees with lawyer as to the amount of
attorneys fees and as to the application of the
clients fund to pay his lawful fees and
disbursement, a lawyer may deduct what is due
him and remit the balance to his client. If no
such agreement or consent or if there is
dispute or disagreement as to the fees, he
should return everything to client without
prejudice to his filing a case to recover his
unsatisfied fees. (Agpalo)
This rule grants the lawyer a lien over the
clients funds in his possession as well as on all
judgments and executions he has secured for
his client, to satisfy his lawful fees and
disbursements. (Agpalo)
Money collected by a lawyer in pursuance of a
judgment in favor of his clients is held in trust
and must be immediately turned over to them.
(Businos v. Ricafort, 283 SCRA 40
(1997))23
After a decision favorable to Atty. Robinols
clients and he had received the latter's funds,
suddenly, he had a change of mind and decided
to convert the payment of his fees from a
portion of land equivalent to that of each of the
plaintiffs to P 50,000, which he alleges to be
the monetary value of that area. Certainly,
Atty. Robinol had no right to unilaterally
appropriate his clients' money not only because
he is bound by a written agreement but also
because, under the circumstances, it was
highly unjust for him to have done so. His
clients were mere squatters who could barely
eke out an existence
Atty. Robinol has no basis to claim that since
he was unjustly dismissed by his clients he had
the legal right to retain the money in his
possession. Firstly, there was justifiable ground
23
FACTS: Atty. Ricafort, as counsel of Busios in a case Busios
won, received from the Clerk of Court of RTC Ligao, Albay, P25,
000 and from OAS Standard High School P5, 000. Busios waited
for the amounts to be deposited in her account. Atty. Ricafort
later informed her that he had spent the money but he
promised to pay her. Only after an estafa case was filed did
Atty. Ricafort pay P60,000 as settlement. Busios dropped the
estafa case but not the disbarment case.
2008 Page 33 of 74

for his discharge as counsel- his clients had lost
confidence in him. Secondly, even if there were
no valid ground, he is bereft of any legal right
to retain his clients' funds intended for a
specific purpose the purchase of land. He
stands obliged to return the money
immediately to their rightful owners.
The principle of quantum meruit applies if
a lawyer is employed without a price
agreed upon for his services in which case
he would be entitled to receive what he
merits for his services, as much as he has
earned. In this case, however, there was an
express contract and a stipulated mode of
compensation. The implied assumption on
quantum meruit therefore, is inapplicable.
(Quilban v. Robinol, 171 SCRA 768
(1989))
IV. Rule 16.04. A lawyer shall not borrow
money from his client unless the clients interests
are fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend
money to a client except when, in the interest of
justice, he has to advance necessary expenses in a
legal matter he is handling for the client.
Champertya bargain by a stranger (the
lawyer) with a party to a suit (the client) by
which such third person undertakes to carry on
the litigation at his own expense and risk, in
consideration of receiving, if successful, a part
of the proceeds or subject sought to be
recovered.
Champertous Contractwhere the lawyer
assumes all expenses of litigation and
reimbursement is contingent on outcome of
case is PROHIBITED! Champertous contracts
are like wagersthe lawyer gets paid and
reimbursed if he wins the case and loses even
what he had spent on the case if he loses.
Contingent Fee Contractin this, the lawyer
gets reimbursed for any advances made for the
client in the course of the representation,
whether he wins the suit or not; only the
amount of attorneys fees is contingent upon
winning.
The relation of attorney and client is highly
fiduciary in nature and is of a very delicate,
exacting and confidential character. A lawyer is
duty-bound to observe candor, fairness and
loyalty in all his dealings and transactions with
his clients. The profession, therefore, demands
of an attorney an absolute abdication of every
personal advantage conflicting in any way,
directly or indirectly, with the interest of his
client. (Barnachea v. Quicho, 399 SCRA 1
(2003))
CANON 17: QUICK REFERENCE
Canon 17. A lawyer owes fidelity to
the cause of his client and he shall be
mindful of the trust and confidence
reposed in him. [no implementing rules]
100% UP LAW UP BAROPS
LEGAL ETHICS
KNOW MORE:
When a lawyer takes a clients cause, he
thereby covenants that he will exert all effort
for its prosecution until its final conclusion. The
failure to exercise due diligence or the
abandonment of a client's cause makes such
lawyer unworthy of the trust which the client
had reposed on him.
A lawyer has a duty to protect with utmost
dedication the interest of his client and of the
fidelity, trust and confidence which he owes his
client. More so where by reason of his gross
negligence his client thereby suffered by losing
all her cases.
Lawyers should be fair, honest, respectable,
above suspicion and beyond reproach in
dealing with their clients. The profession is not
synonymous with an ordinary business
proposition. It is a matter of public interest.
(Cantiller v. Potenciano, 180 SCRA 246
(1968))
It is the duty of a lawyer at the time of retainer
to disclose to the client all the circumstances of
his relations to the parties, and any interest in
or connection with the controversy, which
might influence the client in the selection of
counsel.
It is unprofessional to represent conflicting
interests, except by express consent of all
concerned given after a full disclosure of the
facts. Within the meaning of this canon, a
lawyer represents conflicting interests when, in
behalf of one client, it is his duty to contend for
that which duty to another client requires him
to oppose.
A lawyer should champion his cause with that
wholehearted fidelity, care and devotion that
he is obligated to give to every case that he
accepts from a client. (Alisbo v. Jalandoon,
199 SCRA 321 (1991))
Rule 138, Sec. 20 (e): To maintain inviolate the
confidence, and at every peril to himself, to
preserve the secrets of his client, and to accept
no compensation in connection with his client's
business except from him or with his
knowledge and approval.
Rule 138, Sec. 20 (f): To abstain from all
offensive personality and to advance no fact
prejudicial to the honor or reputation of a party
or witnesses, unless required by the justice of
the cause with which he is charged.
Furnishing the adverse parties with evidence
against the client constitutes betrayal of trust
and confidence of his former clients in violation
of Rule 138, Sec. 20 (e). (Ngayan v. Tugade,
193 SCRA 779 (1991))
A lawyer has a sworn duty to act with fidelity
toward his clients. Canon 17, Code of
Professional Responsibility states that [a]
lawyer owes fidelity to the cause of his client
and shall be mindful the trust and confidence
reposed in him; and Rule 1.01 which prohibits
lawyers from engaging in unlawful, dishonest,
immoral or deceitful conduct. The requirement
of good moral character is not only a condition
precedent to admission to the Philippine Bar
but is also a continuing requirement to
maintain ones goods standing in the legal
profession. (In Re: Suspension from the
Practice of law (435 SCRA 417 (2004))
2008 Page 34 of 74

The present case focuses on a critical aspect of
the lawyer-client relationship: the duty of
loyalty. The fidelity lawyers owe their clients is
traditionally characterized as undivided. This
means that lawyers must represent their clients
and serve their needs without interference or
impairment from any conflicting interest.
Rule 15.03 of the Code of Professional
Responsibility, deals with conflicts in the
interests of an attorneys actual clients among
themselves, of existing and prospective clients,
and of the attorney and his clients. It states
that a lawyer shall not represent conflicting
interests except by written consent of all
concerned given after a full disclosure of the
facts.
The relation of attorney and client begins from
the time an attorney is retained. An attorney
has no power to act as counsel or legal
representative for a person without being
retained. To establish the professional relation,
it is sufficient that the advice and assistance of
an attorney are sought and received in any
manner pertinent to his profession.
Inapplicable to the case, is Canon 15 of the
same Code which encompasses the
aforementioned rule. In general terms, Canon
15 requires lawyers to observe loyalty in all
dealings and transactions with their clients.
Unquestionably, an attorney giving legal advice
to a party with an interest conflicting with that
of his client resulting in detriment to the latter
may be held guilty of disloyalty. However, far
be it that every utterance of an attorney which
may have afforded an individual some relief
adverse to the formers client may be labeled
as a culpable act of disloyalty. As in every
case, the acts alleged to be culpable must be
assessed in light of the surrounding
circumstances.
We are not unaware of the custom of
practitioners in a law firm of assigning cases
and even entire client accounts to associates or
other partners with limited supervision, if at all.
However, let it not be said that law firm
practitioners are given a free hand to assign
cases to seasoned attorneys and thereafter
conveniently forget about the case. To do so
would be a disservice to the profession, the
integrity and advancement of which this Court
must jealously protect.
Law practitioners are acutely aware of the
responsibilities that are naturally taken on by
partners and supervisory lawyers over the
lawyers and non-lawyers of the law office.
Lawyers are administratively liable for the
conduct of their employees in failing to timely
file pleadings.
We now hold further that partners and
practitioners who hold supervisory capacities
are legally responsible to exert ordinary
diligence in apprising themselves of the
comings and goings of the cases handled by
the persons over which they are exercising
supervisory authority and in exerting necessary
efforts to foreclose the occurrence of violations
of the Code of Professional Responsibility by
persons under their charge. Nonetheless, the
liability of the supervising lawyer in this regard
is by no means equivalent to that of the
recalcitrant lawyer. The actual degree of
control and supervision exercised by said
supervising lawyer varies, inter alia, according
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LEGAL ETHICS
to office practice, or the length of experience
and competence of the lawyer supervised.
Such factors can be taken into account in
ascertaining the proper penalty. Certainly, a
lawyer charged with the supervision of a
fledgling attorney prone to rookie mistakes
should bear greater responsibility for the
culpable acts of the underling than one satisfied
enough with the work and professional ethic of
the associate so as to leave the latter mostly to
his/her own devises. (Solatan v. Inocentes,
466 SCRA 1 (2005))
CANON 18: QUICK REFERENCE
Canon 18. A lawyer shall serve his client
with competence and diligence.
Rule 18.01. A lawyer shall not
undertake a legal service which he
knows or should know that he is not
qualified to render. However he may
render such service if, with the consent
of his client, he can obtain as
collaborating counsel a lawyer who is
competent on the matter.
Rule 18.02. A lawyer shall not
handle any legal matter without
adequate preparation.
Rule 18.03. A lawyer shall not
neglect a legal matter entrusted to
him, and his negligence in connection
therewith shall render him liable.
Rule 18.04. A lawyer shall keep the
client informed of the status of his case
and shall respond within a reasonable
period of time to the clients request
for information.
MEMORY AID FOR RULES UNDER CANON 18:
o Client Consent with Collaborating Counsel
(Rule 18.01)
o Adequate Preparation (Rule 18.02)
o Not to neglect Legal Matters (Rule 18.03)
o Inform Client of Case Statue (Rule 18.04)
KNOW MORE:
Competence sufficiency of lawyers
qualifications to deal with the matter in
question and includes knowledge and skill and
the ability to use them effectively in the
interest of the client
Diligence is the attention and care required
of a person in a given situation and is the
opposite of negligence. It is axiomatic in the
practice of law that the price of success is
eternal diligence to the cause of the client.
(Edquibal v. Ferrer, 450 SCRA 406)
Lawyer impliedly represents that: he possesses
requisite degree of learning, skill, ability which
is necessary to the practice of his profession
and which other similarly situated possess; he
will exert his best judgment in the prosecution
2008 Page 35 of 74

or defense of the litigation entrusted to him; he
will exercise reasonable and ordinary care and
diligence in the use of his skill and in the
application of his knowledge to his clients
cause; he will take such steps as will
adequately safeguards his clients interest. A
client may reasonably expect that counsel will
make good his representations. (Agpalo)
I. Rule 18.01. A lawyer shall not undertake a legal
service which he knows or should know that he is
not qualified to render. However he may render
such service if, with the consent of his client, he
can obtain as collaborating counsel a lawyer who is
competent on the matter.
However well meaning he may be, a lawyer
cannot ask another lawyer to collaborate with
him in a particular case without the consent of
the client. The fiduciary nature of attorney-
client relationship prohibits this. (Aguirre)
Some cases involve specialized fields of law
and require special training. A lawyer should
not accept an undertaking in specific area of
law which he knows or should know he is not
qualified to enter. (Agpalo)
II. Rule 18.02.A lawyer shall not handle any legal
matter without adequate preparation.
Lawyer should safeguard his clients rights and
interests by thorough study and preparation;
mastering applicable law and facts involved in a
case, regardless of the nature of the
assignment; and keeping constantly abreast of
the latest jurisprudence and developments in
all branches of the law (Agpalo)
III. Rule 18.03. A lawyer shall not neglect a
legal matter entrusted to him, and his negligence in
connection therewith shall render him liable.
The standard of diligence required of a lawyer
is that of a good father of a family. He is not
bound to exercise extraordinary diligence
There is want of required diligence when a
lawyer fails without sufficient justification to
bring an action immediately, to answer a
complaint within the reglementary period, to
notify his client of the date of the date of
hearing, to attend the scheduled pre-trial
conference, to inform the client of an adverse
judgment within the reglementary period to
appeal, to take steps to have the adverse
decision reconsidered or appealed, to ascertain
the correct date of receipt of decision, to
acquaint himself with what has happened to
the litigation, to pay docket fee on appeal, to
claim judicial notice sent to him by mail or to
file the appellants brief
It should be remembered that the moment the
lawyer takes a clients cause, he covenants that
he will exert all effort for its prosecution until
its final conclusion. A lawyer who fails to
exercise due diligence or abandons his clients
cause makes him unworthy of the trust reposed
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LEGAL ETHICS
on him by the latter. (Legarda v. CA, 209
SCRA 722 (1992))24
IV. Rule 18.04. A lawyer shall keep the
client informed of the status of his case and shall
respond within a reasonable period of time to the
clients request for information.
It was unnecessary to have complainants wait,
and hope, for six long years on their pension
claims. Upon their refusal to co-operate,
respondent should have forthwith terminated
their professional relationship instead of
keeping them hanging indefinitely. (Blanza v.
Arcangel (1967))
CANON 19: QUICK REFERENCE
Canon 19. A lawyer shall represent his
client with zeal within the bounds of law.
Rule 19.01. A lawyer shall employ
only fair and honest means to attain
the lawful objectives of his client and
shall not present, participate in
presenting or threaten to present
unfounded criminal charges to obtain
an improper advantage in any case
or proceeding.
Rule 19.02 A lawyer who has
received information that his client
has, in the course of the
representation, perpetuated a fraud
upon a person or tribunal, shall
promptly call upon the client to
rectify the same, and failing which he
shall terminate the relationship with
such client in accordance with the
Rules of Court.
Rule 19.03. A lawyer shall not
allow his client to dictate the
procedure in handling the case.
MEMORY AID FOR RULES UNDER CANON 19:
o Fair and Honest (Rule 19.01)
o Rectify Clients Fraud (Rule 19.02)
o Control Proceedings (Rule 19.03)
KNOW MORE:
I. Rule 19.01. A lawyer shall employ only fair and
honest means to attain the lawful objectives of his
client and shall not present, participate in
presenting or threaten to present unfounded
criminal charges to obtain an improper advantage
in any case or proceeding.
Rule 138, Sec. 20(d). Duties of attorneys.It
is the duty of an attorney: (d) To employ, for
the purpose of maintaining the causes confided
24
FACTS: Legarda was defendant in a complaint for specific
performance. Atty. Coronel, her counsel, failed to file an
answer within the period and Legarda was thus declared in
default. The lower court rendered a decision against Legarda.
Coronel failed to pose an appeal within the period. Thus, the
decision became final. The SC suspended Atty. Coronel for six
months.
2008 Page 36 of 74
 LEGAL ETHICS

to him, such means only as are consistent with
truth and honor, and never seek to mislead the
judge or any judicial officer by an artifice or
false statement of fact or law.
Rule: In espousing his clients cause, a lawyer
should not state his personal belief as to the
soundness or justice of his case. Reasons: the
lawyers personal belief has no real bearing on
the case; if expression of belief were permitted,
it would give improper advantage to the older
and better known lawyer whose opinion would
carry more weight; If such were permitted,
omission to make such assertion might be
taken as an admission of the lack or belief in
the soundness of his clients cause. (Agpalo)
II. Rule 19.02 A lawyer who has received
information that his client has, in the course of the
representation, perpetuated a fraud upon a person
or tribunal, shall promptly call upon the client to
rectify the same, and failing which he shall
terminate the relationship with such client in
accordance with the Rules of Court.
Mistakes or Negligence of Lawyer Binding
Upon Client (1998, 200, 2002 BAR EXAMS)
General Rule: Client is bound by attorneys
conduct, negligence and mistake in handling case
or in management of litigation and in procedural
technique, and he cannot be heard to complain that
result might have been different had his lawyer
proceeded differently.
Exceptions:
1) Where adherence thereto results in outright
deprivation of clients liberty or property or
where interest of justice so requires.
2) Where error by counsel is purely technical
which does not affect substantially clients
cause.
3) Ignorance, incompetence or inexperience of
lawyer is so great and error so serious that
client, who has good cause is prejudiced
and denied a day in court.
4) Gross negligence of lawyer.
5) Lack of acquaintance with technical part of
procedure.

Canon 19.02 merely requires the lawyer to

terminate his relationship with the client in the
event the latter fails or refuses to rectify the
fraud. (Agpalo)

On the other hand, Canon 41 of the Canons of

Professional Ethics permits the lawyer to inform
the person injured by the fraudulent acts of his
client or the injured partys counsel. Canon 41
may collide with the lawyers duty to keep the
clients confidence inviolate which may be the
reason for the revision.

Rule: A lawyer may not volunteer the

information concerning the clients commission
of fraud to anybody, as it will violate his
obligation to maintain his clients secrets
undisclosed.

III. Rule 19.03. A lawyer shall not allow his

client to dictate the procedure in handling the case.

Rule 138, sec. 23. Authority of attorneys to

bind clients.Attorneys have authority to bind
their clients in 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 cannot, without special
authority, compromise their client's litigation,
or receive anything in discharge of a client's
claim but the full amount in cash.

A lawyer should seek instruction from his client

on any substantial matter concerning the
litigation, which requires decision on the part of
the client (i.e. whether to compromise the
case, or to appeal an unfavorable judgment.)
In procedural matters, the client must yield to
the lawyer. (Agpalo)

o Rule: In matters of law, it is the client who

should yield to the lawyer and not the other
way around. Reasons: Lawyers duty to the
court is foremost. The dignity of the legal
profession may be compromised.

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 LEGAL ETHICS

CANON 20: QUICK REFERENCE matter of the controversy, the extent of the
services rendered, and the professional
Canon 20. A lawyer shall charge only fair standing of the attorney. No court shall be
and reasonable fees. bound by the opinion of attorneys as expert
witnesses as to the proper compensation, but
Rule 20.01. A lawyer shall be guided may disregard such testimony and base its
by the following factors in determining his conclusion on its own professional knowledge.
fees: A written contract for services shall control the
a. The time spent and the extent of the amount to be paid therefore unless found by
services rendered or required; the court to be unconscionable or
b. The novelty and difficulty of the unreasonable.
questions involved;
c. The importance of the subject Rule 138, sec. 32. Compensation for
matter; attorneys de oficio.Subject to availability of
d. The skill demanded; funds as may be provided by law the court
e. The probability of losing other may, in its discretion, order an attorney
employment as a result of employed as counsel de oficio to be
acceptance of the professed case; compensated in such sum as the court may fix
f. The customary charges for similar in accordance with section 24 of this rule.
services and the schedule of fees of Whenever such compensation is allowed, it
the IBP Charter to which he shall not be less than P30 in any case, nor
belongs; more than the following amounts:
g. The amount involved in the o P50 in light felonies;
controversy and the benefits o P100 in less grave felonies;
resulting to the client from the o P200 in grave felonies other than capital
service; offenses;
h. The contingency or certainty of o P500 in capital offenses.
compensation;
i. The character of the employment, RA 5185, sec. 6 (An act granting further
whether occasional or established; autonomous powers to local governments)
and Prohibition Against Practice. - A member of the
j. The professional standing of the Provincial Board or City or Municipal Council
lawyer. shall not appear as counsel before any court in
any civil case wherein the province, city or
Rule 20.02. A lawyer shall, in cases of municipality, as the case may be, is the
referral, with the consent of the client, be adverse party: Provided, however, That no
entitled to a division of fees in proportion member of the Provincial Board shall so appear
to the work performed and responsibility except in behalf of his province in any civil case
assumed. wherein any city in the province is the adverse
party whose voters are en-franchised to vote
Rule 20.03. A lawyer shall not, for provincial officials, nor shall such member
without the full knowledge and consent of of the Provincial Board or City or Municipal
the client, accept any fee, reward, costs, Council appear as counsel for the accused in
commission, interest, rebate or any criminal case wherein an officer or
forwarding allowances or other employee of said province, city or municipality
compensation whatsoever related to his is accused of an offense committed in relation
professional employment from any one to the latter's office, nor shall he collect any fee
other than the client. for his appearance in any administrative
proceedings before provincial, city or municipal
Rule 20.04. A lawyer shall avoid agencies of the province, city or municipality,
controversies with clients concerning his as the case may be, of which he is an elected
compensation and shall resort to judicial official.
action only to prevent imposition,
injustice or fraud. The provisions of this Section shall likewise
apply to provincial governors and city and
municipal mayors.
Notes from Agpalo: Right to Attorneys
MEMORY AID FOR RULES UNDER CANON 20: Fees
o Fee Guide (Rule 20.01) o That the practice of law is a profession and
o Clients Consent of Fees for Referral (Rule not a money-making trade does not
20.02) operate to deny a lawyer the right to
o Clients Consent of Acceptance fee (Rule attorneys fees for his professional services.
20.03) He has the right to have and recover from
o Avoid Compensation Controversy with Client his client a fair and reasonable
(Rule 20.04) compensation for his services, except in
cases where he has agreed to render
service gratuitously or has been appointed
KNOW MORE: counsel de oficio.

Rule 138, sec. 24. Compensation of o Lawyers should avoid controversies

attorneys.An attorney shall be entitled to concerning compensation so far as shall be
have and recover from his client no more than compatible with self-respect and with right
a reasonable compensation for his services, to receive a reasonable recompense for
with a view to the importance of the subject services. Resort to law suits with clients

100% UP LAW UP BAROPS 2008 Page 38 of 74


should only be done to prevent injustice,
imposition or fraud. The impression is that
those instituting suits are mercenaries.
o GENERALLY: right of lawyer to reasonable
compensation for services requires the
following:
1. that attorney-client relationship exists;
and
2. that he rendered services to the client.
o A written agreement is not necessary to
establish a clients obligation to pay
attorneys fees. As long as the lawyer is
honestly and in good faith trying to serve
and represent the interest of his client, an
absence of express undertaking does not
defeat recovery of fees.
o Clients obligation to pay attorneys fees
arises from the inanimate contract of facis
ut des (I do and you give) which is based
on the principle that no one shall unjustly
enrich himself at the expense of another.
o General rule: a person who had no
knowledge of, or objected to, the lawyers
representation may not be held liable for
attorneys fees even though such
representation redounded to his benefit..
The objection should be raised before and
not after beneficial services shall have been
rendered by the lawyer; otherwise, the
party who benefited may be required to
pay counsel fees. For it is neither just that
client who retained lawyer should alone pay
nor is it fair that those who, investing
nothing and assuming no risk, received
benefits should not contribute their
proportionate share to counsel fees (based
on equity).
o Non-lawyer cannot recover attorneys fees
even if there is a law authorizing him to
represent a litigant in court because basis
of reasonable compensation is the
existence of attorney-client relationship and
the rendition of services.
o Lawyer who is absolutely disqualified from
engaging in private practice of law by
reason of his government position may
neither practice law nor, should he do so
illegally, charge attorneys fees for such
services. Exception: fees for services
already performed before lawyer qualified
for public office even though payment is
made thereafter.
o Lawyer designated by court to render
professional services, in the absence of law
allowing compensation, cannot charge
government nor the indigent litigant for his
professional services. Appointment neither
violates constitutional restriction against
taking of property without just
compensation or the due process of law nor
imposes upon the government the oblig to
pay him his fees because one of the obligs
of an attorney willingly assumed when he
took his oath as lawyer is to render free
legal services whenever required by the
court to do so.
100% UP LAW UP BAROPS
LEGAL ETHICS
Rules of Court: Court, in its discretion,
may grant (token) compensation
subject to availability of funds: P30-P50
in light felonies; P100 in less grave
felonies; P200 in grave felonies other
than capital offenses; P500 in capital
offenses. This is not intended as a
source of regular income
o Misconduct on part of lawyer may affect or
negate his right to recover from client a
reasonable compensation for services
already performed. (examples: negligence,
carelessness, misrepresentation,
unfaithfulness or abuse of clients
confidence). Basis: good morals and public
policy
o Although a client has right to discharge
lawyer anytime, dismiss or settle action or
even waive the whole of his interest in
favor of adverse party, he cannot, in the
absence of lawyers fault, consent or
waiver, deprive the lawyer of his just fees
already earned.
Quantum meruit
When no price is stipulated for lawyers
service, courts will fix amount on quantum
meruit basis, or such amount which his
service merits.
Requisite for principle: that there is an
acceptance of the benefits by one sought to
be charged for the services rendered under
circumstances as reasonably to notify him
that the lawyer performing the task is
expecting to be paid compensation.
Doctrine of quantum meruit is a device to
prevent undue enrichment based on the
equitable postulate that it is unjust for a
person to retain benefit without paying for
it.
Other times when doctrine applicable:
where amount stipulated in written
agreement is found to be unconscionable or
where client dismissed counsel before
termination of case or where the lawyer
withdrew therefrom for valid reasons.
A charging lien, to be enforceable as security
for the payment of attorney's fees, requires as
a condition sine qua non a judgment for money
and execution in pursuance of such judgment
secured in the main action by the attorney in
favor of his client. A lawyer may enforce his
right to fees by filing the necessary petition as
an incident in the main action in which his
services were rendered when something is due
his client in the action from which the fee is to
be paid. An enforceable charging lien, duly
recorded, is within the jurisdiction of the court
trying the main case and this jurisdiction
subsists until the lien is settled. (Metrobank v.
CA, 181 SCRA 367 (1981))25
25
FACTS: Lawyers filed verified motion to enter in the records
their charging lien. Attorneys liens were annotated on the
certificate of land titles. Consequently, the other partys
petition against sale of land was granted with prejudice and a
new certificate of title with his name was made wherein
attorneys liens were annotated. The Court held that the
lawyers were not entitled to the enforcement of charging lien
for payment of its attorney's fees and also held that a separate
civil suit is not necessary for the enforcement of such lien.
2008 Page 39 of 74

Since the main case from which the petitioner's
claims for their fees may arise has not yet
become final, the determination of the
propriety of said fees and the amount thereof
should be held in abeyance. This procedure
gains added validity in the light of the rule that
the remedy for recovering attorney's fees as an
incident of the main action may be availed of
only when something is due to the client.
(Quirante v. IAC, 169 SCRA 769 (1989))26
The mere fact that an agreement had been
reached between attorney and client fixing the
amount of the attorney's fees, does not
insulate such agreement from review and
modification by the Court where the fees
clearly appear to be excessive or unreasonable.
(Tanhueco v. De Dumo, 172 SCRA 760
(1989))
The Counsel if worthy of his hire, is entitled to
be fully recompensed for his services. With his
capital consisting solely of his brains and his
skill, acquired at tremendous cost not only in
money but in the expenditure of 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 fees.
(Albano v. Coloma, 21 SCRA 411 (1967))27
I. Rule 20.01. A lawyer shall be guided by the
following factors in determining his fees:
a. The time spent and the extent of the services
rendered or required;
b. The novelty and difficulty of the questions
involved;
c. The importance of the subject matter;
d. The skill demanded;
e. The probability of losing other employment as a
result of acceptance of the professed case;
f. The customary charges for similar services and
the schedule of fees of the IBP Charter to which
he belongs;
g. The amount involved in the controversy and
the benefits resulting to the client from the
service;
h. The contingency or certainty of compensation;
i. The character of the employment, whether
occasional or established; and
j. The professional standing of the lawyer.
A valid written contract is conclusive as to
amount of compensation. Unless both parties
set aside contract and submit question of
reasonableness of amount of fees for court to
resolve on quantum meruit basis, neither client
nor lawyer may disregard amount fixed
(Agpalo)
None of the factors is controlling but are guides
only. Other factors (Agpalo):
a) actual purchasing power of Philippine peso
b) omission or fault of lawyer
26
FACTS: Atty Quirante filed a motion for confirmation of
attorneys fees in the trial court, presenting alleged agreement
between him and Casasola about said fee while the main case is
still pending. The case is being heard on appeal. The Court held
that Atty. Quirante cannot have a confirmation of attorneys
fees.
27
100% UP LAW UP BAROPS
LEGAL ETHICS
c) loss of opportunity on part of lawyer for
other employment
d) financial capacity of client
Amount based on Quantum Meruit: Quantum
Meruit means as much as a lawyer deserves.
Its essential requisite is acceptance of the
benefits by one sought to be charged for
services rendered under circumstances as
reasonably to notify him that lawyer expects
compensation. (Agpalo)
Instances when Court will fix Amount of
Attorneys Fees based on Quantum Meruit:
1. agreement is invalid for some reason other
than illegality of object of performance
2. amount stipulated is unconscionable
3. no agreement as to fees existed between
parties
4. client rejects amount fixed in contract as
unconscionable and is found to be so
5. lawyer, without fault, was unable to conclude
litigation
Agpalo adds (1) the results secured and (2)
whether of not the fee is contingent, it being
recognized as a rule that an attorney may
properly charge a higher fee when it is
contingent that when it is absolute. Even other
consideration may be the actual purchasing
power of the Philippine Peso, the omission of
fault of the lawyer in 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.
II. Rule 20.02 - A lawyer shall, in case of referral,
with the consent of the client, be entitled to a
division of fees in proportion to the work performed
and responsibility assumed.
Lawyers sometimes use the lawyer-referral
system. It is an aid to selection of qualified
lawyers. This system helps individuals in
locating lawyers competent to handle their
particular problem. It enables laymen to have
informed selection of competent lawyers who
have experience in the subject matter involved
in a particular case. It is however stressed that
it is improper for a lawyer to receive
compensation for merely recommending
another lawyer to his client for if such practice
is permitted, it would tend to germinate evils of
commercialism and to destroy proper
appreciation of professional responsibility. It is
only when, in addition to referral, he performs
legal service or assumes responsibility in case
that he will be entitled to a fee. (Agpalo)
Rule 138, Sec. 27 of the Revised Rules of
Court. Said provision enumerates the grounds
for the suspension and disbarment of lawyers,
namely:
Sec. 27. Attorneys removed or suspended by
Supreme Court, on what grounds, - A member
of the bar may be removed or suspended from
his office as attorney by the Supreme Court for
any deceit, malpractice or other gross
misconduct in such office, grossly immoral
conduct or by reason of his conviction of a
crime involving moral turpitude, or for any
violation of the oath of which he is required to
take before admission to practice, or for willful
2008 Page 40 of 74

disobedience of any lawful order of a superior
court or for corruptly or wilfully appearing as an
attorney for a party to a case without any
authority to do so. The practice of soliciting
cases at law for the purpose of gain, either
personally or through paid agents or brokers,
constitutes malpractice. (Urban Bank v. Pena
(2001))
III. Rule 20.03. A lawyer shall not, without
the full knowledge and consent of the client, accept
any fee, reward, costs, commission, interest,
rebate or forwarding allowances or other
compensation whatsoever related to his
professional employment from any one other than
the client.
Rule 138, sec. 20(e). Duties of attorneys.It
is the duty of an attorney: (e) to accept no
compensation in connection with his client's
business except from him or with his
knowledge and approval.
Reason: to ensure protection of lawyers in
collection of fees. Moreover, it is designed to
secure the lawyers wholehearted fidelity to the
clients cause and to prevent that situation in
which the receipt by him of a rebate or
commission from another in connection with
the clients cause may interfere with the full
discharge of his duty to the client. The amount
received by lawyer from opposite party or third
persons in the service of his client belongs to
the client except when the latter has full
knowledge and approval of lawyers taking
(Agpalo)
IV. Rule 20.04. A lawyer shall avoid
controversies with clients concerning his
compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud.
Suits to collect fees should be avoided and only
when the circumstances imperatively require
should a lawyer resort to lawsuit to enforce
payment of fees. This is but a logical
consequence of the legal profession not
primarily being for economic compensation.
(Agpalo)
An attorney-client relationship can be created
by implied agreement, as when the attorney
actually rendered legal services for a person
who is a close friend. The obligation of such a
person to pay attorneys fees is based on the
law of contracts concept of facio ut des (no
one shall unjustly enrich himself at the expense
of others.) (Corpuz v. CA, 98 SCRA 424
(1980))28
28
FACTS: Atty David and Corpuz were good friends. In Corpuzs
civil case, David became his counsel. Prior to rendering of final
judgment, Corpuz gave the lawyer a check which the latter
returned. After favorable decision was rendered, Atty. David
demanded attorneys fee which Corpuz refused to deliver
alleging that Davids services were offered gratuitously. The
Court decided that Atty. David should be paid attorneys fees.
100% UP LAW UP
LEGAL ETHICS
CANON 21: QUICK REFERENCE
Canon 21. A lawyer shall preserve the confidence
and secrets of his client even after the attorney-client
relationship is terminated.
Rule 21.01. A lawyer shall not reveal the
confidence or secrets of his client except:
o When authorized by the client after
acquainting him of the consequences of
the disclosure;
o When required by law;
o When necessary to collect his fees or to
defend himself, his employees or
associates or by judicial action.
Rule 21.02. A lawyer shall not, to the
disadvantage of his client, use information
acquired in the course of employment, nor
shall he use the same to his advantage or that
of a third person, unless the client with full
knowledge of the circumstances consents
thereto.
Rule 21.03. A lawyer shall not, without
the written consent of his client, give
information from his files to an outside agency
seeking such information for auditing,
statistical, bookkeeping, accounting, data
processing, or any similar purpose.
Rule 21.04. A lawyer may disclose the
affairs of a client of the firm to partners or
associates thereof unless prohibited by the
client.
Rule 21.05. A lawyer shall adopt such
measures as may be required to prevent those
whose services are utilized by him, from
disclosing or using confidences or secrets of
the client.
Rule 21.06. A lawyer shall avoid
indiscreet conversation about a clients affairs
even with members of his family.
MEMORY AID FOR RULES UNDER CANON 21:
o Revelations of Confidence and Secrets Allowed
(Rule 21.01)
o Use of Information Received in Course of
Employment Allowed (Rule 21.02)
o Prohibition to Giving of Information Outside
Agency (Rule 21.03)
o Protection from Disclosure (Rule 21.04
21.05)
o Prohibition of Indiscreet Conversation (Rule
21.06)
o Not to Reveal that Lawyer was Consulted (Rule
21.07)
KNOW MORE:
Rule 138, 20(e). Duties of attorneys.It is
the duty of an attorney: (e) To maintain
inviolate the confidence, and at every peril to
himself, to preserve the secrets of his client,
and to accept no compensation in connection
with his client's business except from him or
with his knowledge and approval;
Rule 130, sec. 21(b). Privileged
communication. An attorney cannot, without
the consent of his client, be examined as to any
communication made by the client to him, or
his advice given thereon in the course of
professional employment; nor can an attorney's
BAROPS 2008 Page 41 of 74

secretary, stenographer, or clerk be examined,
without the consent of the client and his
employer, concerning any fact the knowledge
of which has been acquired in such capacity.
A confidential communication refers to
information transmitted by voluntary act of
disclosure between attorney and client in
confidence and by means which so far as the
client is aware, discloses the information to no
third person other than one reasonably
necessary for the transmission of the
information or the accomplishment of the
purpose for which it was given. Covers all
actions, signs, means of communication
There is a difference between confidences and
secrets of clients. While confidences refer to
information protected by attorney-client
privilege under the Revised Rules of Court
(information pertinent to the case being
handled), secrets are those other information
gained in the professional relationship that the
client has requested to be held inviolate or the
disclosure of which would be embarrassing or
would likely be detrimental to client
(information not exactly pertinent to case).
To constitute professional employment it is not
essential that the client should have employed
the attorney professionally on any previous
occasion. If a person, in respect to his business
affairs or troubles of any kind, consults with his
attorney in his professional capacity with the
view to obtaining professional advice or
assistance, and the attorney voluntarily permits
or acquiesces in such consultation, then the
professional employment must be regarded as
established. Information so received is sacred
to the employment to which it pertains, and to
permit to be used in the interest of another, or,
worse still, in the interest of the adverse party,
is to strike at the element of confidence which
lies at the basis of, and affords the essential
security in, the relation of attorney and client.
Rationale behind this prohibition: not only to
prevent the dishonest practitioner from
fraudulent conduct, but also to protect the
honest lawyer from unfounded suspicion of
unprofessional practice. It is founded on
principles of public policy, on good taste. The
question is not necessarily one of the rights of
the parties, but as to whether the attorney has
adhered to proper professional standard.
(Hilado v. David, 83 Phil 569 (1949))
I. Rule 21.01. A lawyer shall not reveal the
confidence or secrets of his client except:
a. When authorized by the client after acquainting
him of the consequences of the disclosure;
b. When required by law;
c. When necessary to collect his fees or to defend
himself, his employees or associates or by
judicial action.
Exceptions to the General Rule (Agpalo):
o In cases of contemplated crimes or
perpetuation of fraud (reason: lawyer-client
relationship should only be for lawful
purposes)
o in case client files complaint against his
lawyer or unreasonably refuses to pay his
100% UP LAW UP BAROPS
LEGAL ETHICS
fees: lawyer may disclose so much of
clients confidences as may be necessary to
protect himself or to collect fees
II. Rule 21.02. A lawyer shall not, to the
disadvantage of his client, use information acquired
in the course of employment, nor shall he use the
same to his advantage or that of a third person,
unless the client with full knowledge of the
circumstances consents thereto.
III. Rule 21.03. A lawyer shall not, without
the written consent of his client, give information
from his files to an outside agency seeking such
information for auditing, statistical, bookkeeping,
accounting, data processing, or any similar
purpose.
The reason for the rule is that the work and
product of a lawyer, such as his effort,
research, and thought, and the records of his
client, contained in his files are privileged
matters. (Agpalo)
IV-V.
Rule 21.04. A lawyer may disclose the affairs of
a client of the firm to partners or associates thereof
unless prohibited by the client.
Rule 21.05. A lawyer shall adopt such measures
as may be required to prevent those whose
services are utilized by him, from disclosing or
using confidences or secrets of the client.
Professional employment of a law firm is
equivalent to retainer of the members thereof
even though only one partner is consulted.
When one partner tells another about the
details of the case, it is not considered as
disclosure to third persons because members of
a law firm are considered as one entity.
(Agpalo)
VI. Rule 21.06. A lawyer shall avoid
indiscreet conversation about a clients affairs even
with members of his family.
A lawyer must not only preserve the
confidences and secrets of his clients in his law
office but also outside including his home. He
should avoid committing calculated
indiscretion, that is, accidental revelation of
secrets obtained in his professional
employment. Reckless or imprudent disclosure
of the affairs of his clients may jeopardize
them. Not every member of the lawyers family
has the proper orientation and training for
keeping clients confidences and secrets.
(Agpalo)
VII. Rule 21.07. A lawyer shall not reveal
that he has been consulted about a particular case
except to avoid possible conflict of interests.
This rule clarifies that privilege communication
applies even to prospective clients. Moreover,
the prohibition applies even if the prospective
client did not thereafter actually engage the
lawyer. (Agpalo)
CF: Rule 14.03. A lawyer may refuse to
accept representation of an indigent client if:
2008 Page 42 of 74

a) he is not in a position to carry out the
work effectively or competently;
b) he labors under a conflict of interests
between him and the prospective client
or between a present client and the
prospective client.
CF: Rule 15.01. A lawyer, in conferring with
a prospective client, shall ascertain as soon as
practicable whether the matter would involve a
conflict with another client or his own interest,
and if so, shall forthwith inform the prospective
client.
This rule clarifies that privilege communication
applies even to prospective clients. Moreover,
the prohibition applies even if the prospective
client did not thereafter actually engage the
lawyer. By 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
privileged communication in respect of matters
disclosed to him by a prospective client. This
rule, of course, is subject to exception of
representation of conflicting interests (Agpalo)
CANON 22: QUICK REFERENCE
Canon 22. A lawyer may withdraw his
services only for good cause and upon notice
appropriate in the circumstances.
Rule 22.01. A lawyer may withdraw
his services in any of the following case:
a) When the client pursues an illegal or
immoral course of conduct in
connection with the matter he is
handling;
b) When the client insists that the lawyer
pursue conduct violative of these
canons and rules;
c) When his inability to work with co-
counsel will not promote the best
interest of the client;
d) When the mental or physical condition
of the lawyer renders it difficult for him
to carry out the employment
effectively;
e) When the client deliberately fails to pay
the fees for the services or fails to
comply with the retainer agreement;
f) When the lawyer is elected or appointed
to public office; and
g) Other similar cases.
Rule 22.02. A lawyer who withdraws
or is discharged shall, subject to a retainer
lien, immediately turn over all papers and
property to which the client is entitled, and
shall cooperate with his successor in the
orderly transfer of the matter, including all
information necessary for the proper
handling of the matter.
MEMORY AID FOR RULES UNDER CANON 22:
o Good Causes for Withdrawal of Services
(Rule 22.01)
o Duties of Lawyer who Withdraws (Rule
22.02)
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LEGAL ETHICS
KNOW MORE:
Causes of Termination of Attorney-Client
Relation (Agpalo)
o Withdrawal of the lawyer under Rule 22.01
o Death of the lawyer
o Death of client
o Discharge or dismissal of the lawyer by the
client
o Appointment or election of a lawyer to a
government position which prohibits private
practice of law
o Full termination of the case
o Disbarment or suspension of the lawyer
from the practice of law
o Intervening incapacity or incompetence of
the client during pendency of case
o Declaration of presumptive death of lawyer
o Conviction of a crime and imprisonment of
lawyer
Note: Except for items 2 and 6, the lawyer has
duty to notify the court in case of termination
of attorney-client relationship.
A contract for legal services being personal, it
terminates upon death of the lawyer. However,
if the lawyer is a member of a law firm, which
firm appears as counsel for the client, the
death of the attending lawyer will not terminate
the relation. The firm will continue to appear as
counsel for client unless there has been
agreement that services were to be rendered
only by the said attorney.
Who may Terminate Attorney-Client Relation
1. Client
Client has absolute right to discharge his
attorney with or without just cause or even
against lawyers consent. Existence or non-
existence of a just cause is important only
in determining right of an attorney to
compensation for services rendered.
Discharge of an attorney or his substitution
by another without justifiable cause will not
operate to extinguish the lawyers right to
full payment of compensation as agreed
upon in writing.
2. Attorney
3. Court
4. Circumstances beyond control of parties
Discharge of attorney must be made known to
the court and adverse party through a formal
notice. This is unnecessary between the lawyer
and client, himself. But insofar as the court and
other party are concerned, the severance of the
relation of attorney and client is not effective
until a notice of discharge by the client or a
manifestation clearly indicating that purpose is
filed with the court and a copy thereof served
upon the adverse party.
Before discharge is recorded in the court, the
lawyers power is limited to (1) making that
fact known to court and to adverse party, and
to (2) preserving and protecting clients
interest until final discharge or new counsel
enters appearance. He cannot pretend to
continue representing client.
Representation continues until the court
dispenses with the services of counsel in
accordance with Section 26, Rule 138 of the
Rules of Court. Counsel may be validly
2008 Page 43 of 74

substituted only if the following requisites are
complied with: (1) New counsel files a written
application for substitution; (2) The clients
written consent is obtained; (3) The written
consent of the lawyer to be substituted is
secured, if it can still be; if the written consent
can no longer be obtained, the application for
substitution must carry proof that notice of the
motion has been served on the attorney to be
substituted in the manner required by the
Rules. (Obando v. Figueras (2000))
I. Rule 22.01. A lawyer may withdraw his services
in any of the following case:
a) When the client pursues an illegal or immoral
course of conduct in connection with the matter
he is handling;
b) When the client insists that the lawyer pursue
conduct violative of these canons and rules;
c) When his inability to work with co-counsel will
not promote the best interest of the client;
d) When the mental or physical condition of the
lawyer renders it difficult for him to carry out
the employment effectively;
e) When the client deliberately fails to pay the
fees for the services or fails to comply with the
retainer agreement;
f) When the lawyer is elected or appointed to
public office; and
g) Other similar cases.
A lawyer shall withdraw his services only for
good cause and upon notice appropriate in the
circumstances; a lawyer shall avoid
controversies with clients concerning his
compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud.
(Montano v. IBP, 358 SCRA 1 (2001))29
Procedure for Withdrawal: If without written
consent from client, lawyer should file petition
for withdrawal in court and he must serve copy
of his petition upon his client and the adverse
party at least 3 days before date set for
hearing. He should also give time to client to
secure services from another lawyer in the case
from which he is withdrawing.
Change or Substitution of Counsel
Change of counsel
1) client discharges attorney with or without
cause: no consent or notice to lawyer needed,
nor court approval
2) attorney may initiate move by withdrawing his
appearance with written consent of client or
with leave of court on some justifiable ground
3) substitution of counsel in the form of
application for that purpose: constitutes an
appearance of the substituting counsel and is a
polite way of effecting change; compliance with
formalities is necessary since it involves ethical
considerations
Requirements for substitution
1) written application for substitution
2) written consent of client
3) written consent of attorney to be substituted
29
FACTS: Atty. Dealca and Montano agreed that 50% attorneys
fees shall be paid upon case acceptance and the other half upon
its termination. Despite agreement, Atty. Dealca asked for
payment of balance during the course of case. Upon failure to
give balance of P3, 500, Dealca withdrew appearance as counsel.
The Court found that Dealca had not withdrawn for good cause.
100% UP LAW UP BAROPS
LEGAL ETHICS
* in case written consent of attorney cannot be
secured, proof of service of notice of application
upon attorney to be substituted.
** in case of death of original attorney, additional
requirement of verified proof of death necessary
usually initiated by substituting counsel hence
the need to obtain conformity of original lawyer
or at least notice to original lawyer of
substitution
consent of original lawyer or notice
requirement is designed to afford the lawyer
the opportunity to protect his right to
attorneys fees. If he gives consent, it is
presumed he has settled that question. If not,
he can ask in same action that his chance to
have his right to attorneys fees be preserved
and protected.
Effects of Defective Substitution
A defective substitution is one which lacks any
of the requisites for a valid substitution.
It does not effect a change of counsel; nor
constitute an appearance of new lawyer, both
of whom shall be deemed counsel of record;
pleadings filed by the new lawyer deemed
effective.
Employment of additional counsel
Client has right to as many lawyers as he can
afford. Clients proffer of assistance of
additional counsel should not be regarded as
evidence of want of confidence.
Professional courtesy requires that a lawyer
retained as collaborating counsel should at
least communicate with counsel of record
before entering his appearance and should
decline association if objectionable to original
counsel.
But if first lawyer is relieved by client, another
lawyer may come into the case.
II. Rule 22.02.A lawyer who withdraws or is
discharged shall, subject to a retainer lien,
immediately turn over all papers and property to
which the client is entitled, and shall cooperate
with his successor in the orderly transfer of the
matter, including all information necessary for the
proper handling of the matter.
A lawyer shall deliver the funds and property to
his client when due or upon demand. However,
he shall have a lien over the funds and may
apply so much thereof as may be necessary to
satisfy his lawful fees and disbursements,
giving notice promptly thereafter to his client.
He shall also have a lien to the same extent on
all judgments and executions he has secured
for his client as provided for in the Rules of
Court. (Rule 16.03)
Lawyers withdrawal or discharge shall be
without prejudice to his attorneys lien:
o Purpose of Rule 22.02 (lawyer entitled
to retaining lien) and Rule 16.03
(lawyer entitled to retaining and
charging lien): to insure payment of
lawyers professional fees and the
reimbursement of his lawful
2008 Page 44 of 74
 LEGAL ETHICS

disbursements in keeping with his It cannot be can be

dignity as an officer of the court. actively enforced by
(Agpalo) enforced. It is execution. It
a general lien. is a special
Kinds of Liens lien.
1. Retaining Lien (general lien) Basis Lawful Securing of a
o the right of an attorney to retain the possession of favorable
funds, documents and papers of his funds, money
client which have lawfully come into papers, judgment for
his possession until his lawful fees and documents, client
disbursements have been paid and to property
apply such funds to the satisfaction belonging to
thereof. client
o Reason and essence of lien: Coverage Covers only Covers all
inconvenience or disadvantage caused funds, judgments for
to the client because of exercise of papers, the payment
such lien may induce client to pay the documents, of money and
lawyer his fees and disbursements. and property executions
o It is a general lien for the balance of in the lawful issued in
the account due to the attorney from possession of pursuance of
client for services rendered in all the attorney such
matters he may have handled for the by reason of judgment
client, regardless of outcome. his
o It is dependent upon and takes effect professional
from time of lawful possession and employment
does not require notice thereof upon Effectivity As soon as As soon as
client and the adverse party to be the lawyer the claim for
effective. gets attorneys
o Passive right and cannot be actively possession of fees had been
enforced; amounts to a mere right to the funds, entered into
retain funds, documents and papers papers, the records of
as against the client until the attorney documents, the case
is fully paid his fees. However, lawyer property
may apply so much of clients funds in Notice Client need Client and
his possession to satisfy his lawful not be adverse party
fees and disbursements, giving notice notified to need to
promptly thereafter to his client. make it notified to
effective make it
* Requisites for validity (of retaining lien) effective
1. attorney-client relationship Applicability May be Generally, it
2. lawful possession by lawyer of the exercised is exercisable
clients funds, documents and papers in before only when the
his professional capacity judgment or attorney had
3. unsatisfied claim for attorneys fees or execution, or already
disbursements regardless secured a
thereof favorable
2. Charging Lien (special lien) judgment for
o A charging lien is a right which the his client
attorney has upon all judgments for the
payment of money and executions
issued in pursuance thereof, secured in
favor of his client. Covers only services
rendered by attorney in the action in ADDITIONAL INFORMATION
which the judgment was obtained and
takes effect only after a statement of I. LIABILITIES OF LAWYERS
claim has been entered upon record of
the particular action with written notice CIVIL LIABILITY
to his client and adverse party. 1) Client is prejudiced by lawyers negligence
and misconduct.
* Requisites for validity of charging lien 2) Breach of fiduciary obligation
1. attorney-client relationship 3) Civil liability to third persons
2. attorney has rendered services 4) Libelous words in pleadings; violation of
3. money judgment favorable to the client has communication privilege
been secured in the action 5) Liability for costs of suit (treble costs)
4. attorney has a claim for attorneys fees or when lawyer is made liable for insisting on
advances clients patently unmeritorious case or
5. statement of his claim has been duly interposing appeal merely to delay litigation
recorded in the case with notice thereof
served upon the client and adverse party CRIMINAL LIABILITY
1) Prejudicing client through malicious breach
of professional duty
*From Pinedas Annotations 2) Revealing client secrets
Retaining Charging 3) Representing adverse interests
Nature Passive lien. Active lien. It 4) Introducing false evidence

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5) Misappropriating clients funds (Estafa)
II. CONTEMPT OF COURT (1998 BAR EXAM)
A. Nature
o It is exercised on preservative and not on
vindictive principles and on corrective rather
than the retaliatory idea of punishment. It is
criminal in nature.
o The power to punish for contempt is inherent in
all courts. It is essential in the observance of
order in judicial proceedings and to
enforcement of judgment, orders and writs.
B. Kinds of Contempt
1) Direct Contempt
- Consists of misbehavior in the presence of or near
a court or judge as to interrupt or obstruct the
proceedings before the court or the administration
of justice.
2) Indirect or Constructive Contempt
- One committed away from the court involving
disobedience of or resistance to a lawful writ,
process, order, judgment or command of the court,
tending to belittle, degrade, obstruct, interrupt or
embarrass the court.
a) Civil contempt failure to do
something ordered by the court which is for
the benefit of the party.
b) Criminal contempt consists of
any conduct directed against the authority
or dignity of the court.
C. Acts of a Lawyer Constituting Contempt
1) Misbehavior as officer of court
2) Disobedience or resistance to court order
3) Abuse or interference with judicial
proceedings
4) Obstruction in administration of justice
5) Misleading courts
6) Making false allegations, criticisms, insults,
veiled threats against the courts
7) Aiding in unauthorized practice of law
(suspended or disbarred)
8) Unlawful retention of clients funds
9) Advise client to commit contemptuous acts
III. DISCIPLINE OF LAWYERS
A. Power to Discipline Errant Lawyers
1) The Supreme Court has the full authority
and power to
-WARN
-ADMONISH
-REPRIMAND
-SUSPEND and
-DISBAR a lawyer
(Rule 138, Sec. 27, ROC)
2) The Court of Appeals and the Regional Trial
Courts are also empowered to
-WARN
-ADMONISH
-REPRIMAND and
-SUSPEND an attorney who appears before
them from the practice of law for any of the
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LEGAL ETHICS
causes mentioned in Rule 138, Sec. 27.
(Rule 139-B, Sec. 16, ROC)
*NOTE: But they cannot disbar a lawyer.
B. Forms of Disciplinary Measures
1) WARNING an act or fact of putting one
on his guard against an impending danger, evil
consequences or penalties.
2) ADMONITION a gentle or friendly
reproof, mild rebuke, warning or reminder,
counseling, on a fault, error or oversight; an
expression of authoritative advice.
3) REPRIMAND a public and formal censure
or severe reproof, administered to a person in
fault by his superior officer or a body to which
he belongs.
4) SUSPENSION a temporary withholding of
a lawyers right to practice his profession as a
lawyer for a certain period or for an indefinite
period of time.
a. Definite
b. Indefinite qualified disbarment; lawyer
determines for himself for how long or how
short his suspension shall last by proving to
court that he is once again fit to resume
practice of law.
5) CENSURE Official reprimand
6) DISBARMENT It is the act of the
Philippine Supreme Court in withdrawing from
an attorney the right to practice law. The name
of the lawyer is stricken out from the roll of
attorneys.
KNOW MORE:
SUSPENSION AND DISBARMENT (1990, 1992,
1993, 1994, 1999, 2000, 2001, 2002, 2003,
2004, 2005 BAR EXAMS)
Nature of Proceedings:
1. Neither a civil action nor a criminal
proceeding;
2. SUI GENERIS, it is a class of its own
since it is neither civil nor criminal
(2002 BAR EXAMS)
3. Confidential in nature
4. Defense of double jeopardy is not
available
5. Can be initiated by the SC, motu
proprio, or by the IBP. It can be
initiated without a complaint.
6. Can proceed regardless of interest of
the complainants
7. Imprescriptible
8. It is itself due process of law
Disciplinary proceedings against lawyers are sui
generis: neither purely civil nor purely criminal.
It is notand does not involvea trial of an
action or a suit, but is rather an investigation
by the Court in the conduct of its officers. Not
being intended to inflict punishment, it is no
sense a criminal prosecution. Accordingly, there
is neither a plaintiff nor a prosecutor.xxxxx
Public interest is its primary objective, and the
real question for determination is whether or
not the attorney is still a fit person to be
2008 Page 46 of 74

allowed the privileges as such. (In Re:
Almacen)
Grounds for Disbarment:
1. Deceit
2. Malpractice, or other gross misconduct
in office any malfeasance or
dereliction of duty committed by a
lawyer
3. Grossly immoral conduct
4. Conviction of a crime involving moral
turpitude (e.g. estafa, bribery, murder,
bigamy, seduction, abduction,
concubinage, smuggling, falsification of
public document, violation of BP 22)
5. Violation of oath of office
6. Willful disobedience of any lawful order
of a superior court
7. Corruptly or willfully appearing as an
attorney for a party to case without an
authority to do so.
Objectives of Suspension and
Disbarment:
1. To compel the attorney to deal fairly and
honestly with his clients;
2. To remove from the profession a person
whose misconduct has proved him unfit to
be entrusted with the duties and
responsibilities belonging to the office of an
attorney;
3. To punish the lawyer;
4. To set an example or warning for the other
members of the bar;
5. To safeguard the administration of justice
from dishonest and incompetent lawyers;
6. To protect the public;
The statutory enumeration of the grounds for
disbarment or suspension is not to be taken as
a limitation on the general power of courts to
suspend or disbar a lawyer. The inherent power
of the court over its officers cannot be
restricted. (Quingwa vs. Puno, Admin. Case
No. 398, Feb. 28, 1967)
Disbarment should not be decreed where any
punishment less severe such as reprimand,
suspension or fine would accomplish the end
desired. (Amaya vs. Tecson, 450 SCRA 510)
In disbarment proceedings, the burden of proof
is upon the complainant and this court will
exercise its disciplinary power only if the
complainant establishes his case by clear,
convincing and satisfactory evidence. (Aquino
vs. Mangaoang, 425 SCRA 572)
Officers Authorized to Investigate
Disbarment Cases:
1. Supreme Court
2. IBP through its Commission on Bar
Discipline or authorized investigators
3. Office of the Solicitor General
Grievance Procedure: Disbarment,
Suspension and Discipline of Attorneys
(Rule 139-B):
A. Proceedings for the disbarment,
suspension and discipline of attorneys may
be taken:
100% UP LAW UP BAROPS
LEGAL ETHICS
1. by the Supreme Court motu proprio
or,
2. by the IBP upon the verified complaint
of any person.
B. The IBP Board of Governors may initiate
and prosecute proper charges against
erring attorneys including those in the
govt:
1. motu proprio or
2. upon referral by the SC or
3. by a Chapter Board of Officers or at
the instance of any person.
C. The complaint must be:
1. verified;
2. state clearly and concisely the facts
complained of;
3. supported by affidavits of persons
having personal knowledge of the
facts therein alleged, or by such
documents as may substantiate it;
4. six copies shall be filed with the
Secretary of the IBP or any of the
Chapters.
D. Investigation by the National Grievance
Investigators.
E. Submission of the investigative report to
the IBP Board of Governors.
F. Board of Governors decides within 30
days.
G. Investigation by the Solicitor General.
H. SC renders final decision on
disbarment/suspension/dismissal.
C. Modifying Circumstances
Extent of disciplinary action depends on attendance
of mitigating or aggravating circumstance.
Mitigating Circumstances
1. Good Faith in the acquisition of a
property of the client subject of the
litigation (In Re: Ruste, 70 Phil
243)
2. Inexperience of a lawyer (Munoz vs.
People, 53 SCRA 190)
3. Age (Lantos vs. Gan, 196 SCRA 16)
4. Apology (Munoz vs. People, 53
SCRA 190)
5. Lack of Intention to slight or offend
the court (Rheem of the Phil., Inc.
vs. Ferrer, 20 SCRA 441)
Aggravating Circumstances
1. Abuse of authority or of attorney-
client relationship
2. sexual intercourse with a relative
3. charge of gross immorality
4. Previous dismissal as member of the
bar
EFFECT OF EXECUTIVE PARDON
(1994, 1998 BAR EXAMS)
If during the pendency of the disbarment
proceeding the respondent was granted
executive pardon, the dismissal of the case
on that sole basis will depend on whether
the executive pardon is absolute or
2008 Page 47 of 74
 LEGAL ETHICS

conditional. If the pardon is absolute, the Condition for Reinstatement:

disbarment case will be dismissed. A lawyer who has been suspended or
However, if the executive pardon is disbarred may be reinstated when the SC is
conditional, the disbarment case will not be convinced that he has already possessed the
dismissed on the basis thereof. requisites of probity and integrity necessary
Absolute pardon by the President may wipe to guarantee his worth to practice his
out conviction as well as offense itself and possession.
the grant thereof in favor of a lawyer is a
bar to a proceeding for disbarment against Effects of Reinstatement:
him based solely on commission of such 1. Recognition of moral rehabilitation and
offense. mental fitness to practice law;
The reason is that the respondent lawyer, 2. Lawyer shall be subject to same law,
after the absolute pardon, is as guiltless rules and regulations as those
and innocent as if he never committed the applicable to any other lawyer;
offense at all. 3. Lawyer must comply with the
If absolute pardon is given to lawyer after conditions imposed on his readmission.
being disbarred for conviction of a crime, it
does not automatically entitle him to
reinstatement to the bar. It must be shown
by evidence aside from absolute pardon
that he is now a person of good moral
character and fit and proper person to
practice law. In case of a conditional
pardon, there will be a remission of
unexpired period of sentence.

Reinstatement
- It is the restoration in disbarment
proceedings to a disbarred lawyer the
privilege to practice law.

Const art. VIII, sec. 5(5).

The power of the Supreme Court to
reinstate is based on its constitutional
prerogative to promulgate rules on the
admission of applicants to the practice of
law.

In order that there is reinstatement, the

following must be taken into consideration:

1. the applicants character and standing prior

to disbarment;
2. the nature or character of the misconduct
for which he is disbarred;
3. his conduct subsequent to disbarment (Cui
vs. Cui, 11 SCRA 755)
4. including his efficient government service
(In Re: Adriatico, 17 Phil 324)
5. the time that has elapsed between
disbarment and the application for
reinstatement and the circumstances that
he has been sufficiently punished and
disciplined (Prudential Bank vs.
Benjamin Grecia, 192 SCRA 381)
6. applicants appreciation of significance of
his dereliction and his assurance that he
now possesses the requisite probity and
integrity;
7. favorable endorsement of the IBP, pleas of
his loved ones (Yap Tan vs. Sabandal,
170 SCRA 207)

The court may require applicant for

reinstatement to enroll in and pass the
required fourth year review classes in a
recognized law school. (Cui vs. Cui, 11
SCRA 755; In Re: Rusiana, 56 SCRA 240

A previously disbarred lawyer who is given

absolute pardon by the President is not
automatically reinstated, he must still file a
petition for reinstatement with the SC.

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NEW CODE OF JUDICIAL CONDUCT
Canon 1 Independence
Canon 2 Integrity
Canon 3 Impartiality
Canon 4 Propriety
Canon 5 Equality
Canon 6 Competence and Diligence
CANON 1: QUICK REFERENCE
Canon 1. 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.
Sec. 1. Judges shall exercise the judicial
function independently on the basis of their
assessment of the facts and in accordance
with a conscientious understanding of the
law, free of any extraneous influence,
inducement, pressure, threat or
interference, direct or indirect, from any
quarter or for any reason.
Sec. 2. In performing judicial duties,
Judges shall be independent from judicial
colleagues in respect of decisions which the
judge is obliged to make independently.
Sec. 3. Judges shall refrain from influencing
in any manner the outcome of litigation or
dispute pending before another court or
administrative agency.
Sec. 4. Judges shall not allow family, social,
or other relationships to influence judicial
conduct or judgment. The prestige of
judicial office shall not be used or lent to
advance the private interests of others, nor
convey or permit others to convey the
impression that they are in a special
position to influence the judge.
Sec. 5. Judges shall not only be free from
inappropriate connections with, and
influence by, the executive and legislative
branches of government, but must also
appear to be free therefrom to a reasonable
observer.
Sec. 6. Judges shall be independent in
relation to society in general and in relation
to the particular parties to a dispute which
he or she has to adjudicate.
Sec. 7 Judges shall encourage and uphold
safeguards for the discharge of judicial
duties in order to maintain and enhance the
institutional and operational independence
of the judiciary.
Sec. 8. Judges shall exhibit and promote
high standards of judicial conduct in order
to reinforce public confidence in the
judiciary which is fundamental to the
maintenance of judicial independence.
100% UP LAW UP BAROPS
LEGAL ETHICS
MEMORY AID FOR SECTIONS UNDER CANON
1:
Independent judicial function (Sec. 1)
Outside pressure (Sec. 2)
Influencing outcome of litigation (Sec. 3)
Influence on judicial conduct (Sec. 4)
Independence from executive and legislative
(Sec. 5)
Independence from society and particular
parties (Sec. 6)
Safeguards for judicial independence (Sec. 7)
Promote Public confidence (Sec. 8)
KNOW MORE:
Re: Sec. 1 Independent judicial function
A judge found defendants guilty beyond
reasonable doubt of the crime of Rape with
Homicide. However, he sentenced the
accused with reclusion perpetua instead of
the death, as unequivocally required by RA
7659. A court of law is no place for a
protracted debate on the morality or
propriety of the sentence, where the law
itself provides for the sentence of death as
a penalty in specific and well-defined
instances. (People v. Veneracion, 249
SCRA 244 (1995))
Re: Sec. 2 Outside Pressure
The discretion of the Court to grant bail
must be based on the Courts
determination as to WON the evidence of
guilt is strong. This discretion may be
exercised only after the evidence has been
submitted at the summary hearing
conducted pursuant to Sec. 7 of Rule 114
of the Rules. Respondents admission that
he granted bail to an accused upon the
request of a Congressman, despite his
belief that the evidence of guilt against said
is strong, is indeed reprehensible. (Tahil
v. Eisma, 64 SCRA 378 (1975))
Re: Sec. 4 Influence on Judicial Conduct
Constant company with a lawyer tends to
breed intimacy and camaraderie to the
point that favors in the future may be
asked from respondent judge which he may
find hard to resist. The actuation of
respondent Judge of eating and drinking in
public places with a lawyer who has
pending cases in his sala may well arouse
suspicion in the public mind, thus tending
to erode the trust of the litigants in the
impartiality of the judge. (Padilla v.
Zantua, 237 SCRA 670 (1994))
Re: Sec. 5 Independence from Executive
and Legislative
RA 972 (the Bar Flunkers Act) aims to
admit to the Bar, those candidates who
suffered from insufficiency of reading
materials and inadequate preparation. By
its declared objective, the law is contrary to
public interest 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. An
adequate legal preparation is one of the
vital requisites for the practice of law that
2008 Page 49 of 74

should be developed constantly and
maintained firmly. To the legal profession is
entrusted the protection of property, life,
honor and civil liberties. It is obvious,
therefore, that the ultimate power to grant
license for the practice of law belongs
exclusively to this Court, and the law
passed by Congress on the matter is of
permissive character, or as other
authorities say, merely to fix the minimum
conditions for the license. Laws are
unconstitutional on the following grounds:
first, because they are not within the
legislative powers of Congress to enact, or
Congress has exceeded its powers; second,
because they create or establish arbitrary
methods or forms that infringe
constitutional principles; and third, because
their purposes or effects violate the
Constitution or its basic principles. As has
already been seen, the contested law
suffers from these fatal defects.
Summarizing, we are of the opinion and
hereby declare that RA. 972 is
unconstitutional and therefore, void, and
without any force or effect for the following
reasons, to wit:
1. Because its declared purpose is to
admit 810 candidates who failed in the
bar examinations of 1946-1952, and
who, it admits, are certainly
inadequately prepared to practice law,
as was exactly found by this Court in
the aforesaid years.
2. Because it is, in effect, a judgment
revoking the resolution of this Court on
the petitions of these 810 candidates,
without having examined their
respective examination papers, and
although it is admitted that this
Tribunal may reconsider said resolution
at any time for justifiable reasons, only
this Court and no other may revise and
alter them. In attempting to do it
directly RA 972 violated the
Constitution.
3. By the disputed law, Congress has
exceeded its legislative power to
repeal, alter and supplement the rules
on admission to the Bar.
4. The reason advanced for the pretended
classification of candidates, which the
law makes, is contrary to facts which
are of general knowledge and does not
justify the admission to the Bar of law
students inadequately prepared. The
pretended classification is arbitrary. It
is undoubtedly a class legislation. (IN
RE: CUNANAN, 94 PHIL 534
(1954))
Re: Sec. 8 Promote Public Confidence
The active participation of a judge, being
merely a nominal or formal party in
certiorari proceedings is not called for. xxx
Under Sec 5 of Rule 65 of the ROC, a judge
whose order is challenged in an appellate
court does not have to file any answer or
take active part in the proceeding unless
expressly directed by order of this court. It
is the duty of respondent to appeal and
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LEGAL ETHICS
defend, both in his/her behalf and in behalf
of the Court or judge whose order or
decision is at issue. xxx Respondents folly
did not stop there. When complainant filed
for respondents inhibition, he hired his own
lawyer. Respondent judge should be
reminded that decisions of courts need not
only be just but must be perceived to be
just and completely free from suspicion or
doubt both in its fairness and integrity.
(Macalintal v. Teh, 280 SCRA 623
(1997)30)
CANON 2: QUICK REFERENCE
Canon 2. Integrity is essential not only to the
proper discharge of the judicial office but also
to the personal demeanor of judges.
Sec. 1. Judges shall ensure that not
only is their conduct above reproach,
but that it is perceived to be so in the
view of a reasonable observer.
Sec. 2. The behavior and conduct of
judges must reaffirm the people's faith
in the integrity of the judiciary. Justice
must not merely be done but must also
be seen to be done.
Sec. 3. Judges should take or initiate
appropriate disciplinary measures
against lawyers or court personnel for
unprofessional conduct of which the
judge may have become aware.
MEMORY AID FOR SECTIONS UNDER CANON
2:
Conduct above reproach (Sec. 1)
Reaffirm peoples faith (Sec. 2)
Disciplinary action (Sec. 3)
KNOW MORE:
Re: Sec. 1 Conduct above reproach
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.
(Alfonso v. Juanson)
Respondent judge was also at fault for his
shortness of temper and impatience,
contrary to the duties and restriction
imposed upon him by reason of his office.
He failed to observe the proper decorum
expected of judicial officers. Judicial officers
are given contempt powers so that they
can remind counsels of their duties in court
30
Facts: Atty. Macalintal related to the Court in a letter the
actuations of Judge Teh, relative to Election Case No. R-95-001.
Judge Teh issued a resolution adverse to the client of
complainant. He questioned the resolution via certiorari with
the COMELEC. While case was pending in the COMELEC, Teh
actively participated in the proceedings by filing his comment
on the petition, as well as an urgent manifestation.
Complainant filed a motion for inhibition but instead, Teh hired
his own lawyer and filed answer before the court with prayer.
The SC found that Judge Tehs actuations eroded public
confidence in the administration of justice.
2008 Page 50 of 74

without being arbitrary, unreasonable or
unjust. Respondent should have cited the
complainant in contempt of court instead of
throwing tantrums by banging his gavel
loudly and unceremoniously walking out of
the courtroom. Although respondent had a
valid explanation for carrying a gun, his act
of carrying it in plain view of the lawyers
(including the complainant) and considering
what just happened, cannot be taken as an
innocent gesture. It was calculated to instill
fear and intimidate the complainant.
Respondent's behavior constitutes grave
misconduct. A judge's conduct should be
free from the appearance of impropriety
not only in his official duties but in his
everyday life. One who lives by the precept
that might is right is unworthy to be a
judicial officer. (Romero v. Valle (1987))
Re: Sec. 2 Reaffirm peoples faith
A judge must be free of a whiff of
impropriety not only with respect to his
performance of his judicial duties, but also
to his behavior outside his sala and as a
private individual. There is no dichotomy of
morality: a public official is also judged by
his private morals. (Castillo v. Calanog
(1991))
CANON 3: QUICK REFERENCE
Canon 3. Impartiality is essential to the
proper discharge of the judicial office. It applies
not only to the decision itself but also to the
process by which the decision is made.
Sec. 1. Judges shall perform their
judicial duties without favor, bias or
prejudice.
Sec. 2. Judges shall ensure that his or
her conduct, both in and out of court,
maintains and enhances the confidence
of the public, the legal profession and
litigants in the impartiality of the judge
and of the judiciary.
Sec. 3. Judges shall, so far as is
reasonable, so conduct themselves as to
minimize the occasions on which it will
be necessary for them to be disqualified
from hearing or deciding cases.
Sec. 4. Judges shall not knowingly,
while a proceeding is before, or could
come before, them make any comment
that might reasonably be expected to
affect the outcome of such proceeding
or impair the manifest fairness of the
process. Nor shall judges make any
comment in public or otherwise that
might affect the fair trial of any person
or issue.
100% UP LAW UP BAROPS
LEGAL ETHICS
Sec. 5. Judges shall disqualify themselves
from participating in any proceedings in
which they are unable to decide the matter
impartially or in which it may appear to a
reasonable observer that they are unable to
decide the matter impartially. Such
proceedings include, but are not limited to,
instances where
(a) The judge has actual bias or prejudice
concerning a party or personal knowledge
of disputed evidentiary facts concerning the
proceedings;
(b) The judge previously served as a lawyer or
was a material witness in the matter in
controversy;
(c) The judge, or a member of his or her
family, has an economic interest in the
outcome of the matter in controversy;
(d) The judge served as executor,
administrator, guardian, trustee or lawyer
in the case or matter in controversy, or a
former associate of the judge served as
counsel during their association, or the
judge or lawyer was a material witness
therein;
(e) The judge's ruling in a lower court is the
subject of review;
(f) The judge is related by consanguinity or
affinity to a party litigant within the sixth
civil degree or to counsel within the fourth
civil degree; or
(g) The judge knows that his or her spouse or
child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in
the subject matter in controversy or in a
party to the proceeding, or any other
interest that could be substantially affected
by the outcome of the proceedings;
Sec. 6. A judge disqualified as stated
above may, instead of withdrawing from
the proceeding, disclose on the records the
basis of disqualification. If, based on such
disclosure, the parties and lawyers
independently of the judge's participation,
all agree in writing that the reason for the
inhibition is immaterial or unsubstantial, the
judge may then participate in the
proceeding. The agreement, signed by all
parties and lawyers, shall be incorporated
in the record of the proceedings.
MEMORY AID FOR SECTIONS UNDER CANON
3:
Judicial duties free from bias (Sec. 1)
Promote confidence, impartiality (Sec. 2)
Minimize instances of disqualification (Sec. 3)
Public comments pending and impending
case (Sec. 4)
Disqualifications (Sec. 5)
Remittal of disqualifications (Sec. 6)
KNOW MORE:
Re: Sec. 2 Promote confidence,
impartiality
The integrity of the Judiciary rests not only
upon the fact that it is able to administer
justice but also upon the perception and
confidence of the community that the
people who run the system have done
2008 Page 51 of 74
 LEGAL ETHICS

justice. Hence, in order to create such Grounds for Disqualification and Inhibition of
confidence, the people who run the Judges Under the Rules of Court
judiciary, particularly judges and justices,
must not only be proficient in both the I. Mandatory or Compulsory Disqualification
substantive and procedural aspects of the (Rule 131, ROC)
law, but more importantly, they must a. when he or his wife or his child is
possess the highest integrity, probity, and pecuniarily interested as heir, legatee,
unquestionable moral uprightness, both in creditor or otherwise;
their public and private lives. Only then can b. when he is related to either party
the people be reassured that the wheels of within the sixth degree of consanguinity
justice in this country run with fairness and or affinity or to counsel within the 4th
equity, thus creating confidence in the civil degree;
judicial system. (Talens-Dabon v. Arceo, c. when he has been an executor,
259 SCRA 354 (1996)) guardian, administrator, trustee or
counsel;
Re: Sec. 5 Disqualifications d. when he has presided in an inferior
It is clear from the reading of the law that court where his ruling or decision is
intimacy or friendship between a judge and subject to review.
an attorney of record of one of the parties
to a suit is no ground for disqualification. II. Voluntary Inhibition (1991, 199, 2005
To allow it would unnecessarily burden BAR EXAMS)
other trial judges to whom the cases would A judge may, in the exercise of his
be transferred. In fact, this is one rare sound discretion disqualify himself, for just
opportunity for Masadao to show that JBL and valid reasons other than those
Reyes did not err in recommending him for mentioned above. (Rule 137, Section 1)
his competence and known probity; that he This leaves the discretion to the
has conducted himself with the cold judge to decide for himself questions as to
impartiality of an impartial judge; that no whether he will desist from sitting in case
one can sway his judgment whoever he for other just and valid reasons with only
may be. his conscience to guide him, unless he
However, men of the Bench are not without cannot discern for himself his inability to
imperfections. A judge experiences the tug meet the test of the cold neutrality required
and pull of purely personal preferences and of him, in which event the appellate court
prejudices which he shares with the rest of will see to it that he disqualifies himself.
his fellow mortals. Especially for Filipinos A decision to disqualify himself is
whose sense of gratitude is one trait which not conclusive and his competency may be
invariably reigns supreme over any and all determined on application for mandamus to
considerations in matters upon which such compel him to act. Judges decision to
tender sentiment may somehow inexorably continue hearing a case in which he is not
impinge. The circumstances before Judge legally prohibited from trying
Masadao are not ordinary ones. Thus, this notwithstanding challenge to his objectivity
is one certain circumstance where a case may not constitute reversible error.
could well be heard by another judge and The filing of an administrative case
where a voluntary inhibition may prove to against a judge does not disqualify him
be the better course of action. Judge from hearing a case. The court has to be
Masadaos actuations are within par 2 sec 1 shown other than the filing of
rule 137. (Masado v. Elizaga, 155 SCRA administrative complaint, act or conduct of
72 (1987)31) judge indicative of arbitrariness or
prejudice before the latter being branded
A judge cannot sit in any case in which he as the stigma of being biased or partial.
was a counsel without the written consent (Lorenzo v. Marquez (1988))
of all parties. The rule is explicit that he
must secure the written consent of all DISQUALIFICATION INHIBITION
parties, not a mere verbal consent much Grounds Specific and exclusive No specific
less a tacit acquiescence. The written grounds BUT
consent must be signed by them and there is a
entered upon the record. (Lorenzo v. broad basis for
Marquez (1988)) such, i.e.,
good, sound
ethical
grounds
Role of Judicial officer has no The matter is
the discretion to sit or try left to the
judicial the case sound
officer discretion of
31
FACTS: On May 4, 1987, Judge Masadao rendered a decision the judge
finding the accused, Jaime Tadeo, guilty of estafa. Justice JBL
Reyes entered his appearance for the accused. Judge Masadao
issued an order inhibiting himself from further sitting in the
case on the ground that retired Justice Reyes has been among
those who had recommended him to the bench. A raffle was
conducted and the case was assigned to Judge Elizaga. Judge
Elizaga returned the records with a letter stating his refusal to
act and assailing the re-raffling of the case as uncalled for and
impractical.

100% UP LAW UP BAROPS 2008 Page 52 of 74


CANON 4: QUICK REFERENCE
Sec. 9. Confidential information acquired
by judges in their judicial capacity shall
not be used or disclosed by for any other
purpose related to their judicial duties.
Sec. 10. Subject to the proper
performance of judicial duties, judges
may
(a) Write, lecture, teach and participate in
activities concerning the law, the legal
system, the administration of justice or
related matters;
(b) Appear at a public hearing before an official
body concerned with matters relating to the
(c) law, the legal system, the administration of
justice or related matters;
(d) Engage in other activities if such activities do
not detract from the dignity of the judicial
office or otherwise interfere with the
performance of judicial duties.
Sec. 11. Judges shall not practice
law whilst the holder of judicial office.
Sec. 12. Judges may form or join
associations of judges or participate in
other organizations representing the
interests of judges.
Sec. 13. Judges and members of
their families shall neither ask for, nor
accept, any gift, bequest, loan or favor in
relation to anything done or to be done
or omitted to be done by him or her in
connection with the performance of
judicial duties.
Sec. 14. Judges shall not
knowingly permit court staff or others
subject to their influence, direction or
authority, to ask for, or accept, any gift,
bequest, loan or favor in relation to
anything done or to be done or omitted
to be done in connection with their duties
or functions.
Sec. 15. Subject to law and to any
legal requirements of public disclosure,
judges may receive a token gift, award or
benefit as appropriate to the occasion on
which it is made provided that such gift,
award or benefit might not reasonably be
perceived as intended to influence the
judge in the performance of judicial
duties or otherwise give rise to an
appearance of partiality.
100% UP LAW UP BAROPS
LEGAL ETHICS
Canon 4. Propriety and the appearance
of propriety are essential to the performance
of all the activities of a. judge.
Sec. 1. Judges shall avoid
impropriety and the appearance of
impropriety in all of their activities.
Sec. 2. As a subject of constant
public scrutiny, judges must accept
personal restrictions that might be
viewed as burdensome by the
ordinary citizen and should do so
freely and willingly. In particular,
judges shall conduct themselves in a
way that is consistent with the
dignity of the judicial office.
Sec. 3. Judges shall, in their personal
relations with individual members of
the legal profession who practice
regularly in their court, avoid
situations which might reasonably
give rise to the suspicion or
appearance of favoritism or partiality.
Sec. 4. Judges shall not participate in
the determination of a case in which
any member of their family
represents a litigant or is associated
in any manner with the case.
Sec. 5. Judges shall not allow the use
of their residence by a member of the
legal profession to receive clients of
the latter or of other members of the
legal profession.
Sec. 6. Judges, like any other citizen,
are entitled to freedom of expression,
belief, association and assembly, but
in exercising such rights, they shall
always conduct themselves in such a
manner as to preserve the dignity of
the judicial office and the impartiality
and independence of the judiciary.
Sec. 7. Judges shall inform
themselves about their personal
fiduciary financial interests and shall
make reasonable efforts to be
informed about the financial interests
of members of their family.
Sec. 8. Judges shall not use or lend
the prestige of the judicial office to
advance their private interests, or
those of a member of their family or
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.
2008 Page 53 of 74

MEMORY AID FOR SECTIONS UNDER CANON
4:
Avoidance of Impropriety (Sec. 1)
Acceptance of Personal Restrictions (Sec.
2)
Avoidance of Controversy (Sec. 3)
Not participate in cases where he may be
impartial (Sec. 4)
Not allow the use of his residence by other
lawyers (Sec. 5)
Freedom of Expression (Sec. 6)
Be informed of his financial interests (Sec.
7)
Influence of Judicial Conduct (Sec. 8)
Confidential Information (Sec. 9)
Engage in other activities (Sec. 10)
Practice of Profession (Sec. 11)
Form associations (Sec. 12)
Gifts, Requests, Loans (Sec. 13)
Gifts, Requests, Loans by staff (Sec. 14)
Permissible tokens and awards (Sec. 15)
KNOW MORE:
Re: Sec. 1 Avoidance of impropriety
Whatever the motive may have been, the
violent action of the respondent in a public
place constitutes serious misconduct and
the resultant outrage of the community
(Arban v. Borja (1989))
It was highly improper for a judge to have
wielded a high-powered firearm in public
and besieged the house of a perceived
defamer of character and honor in warlike
fashion and berated the object of his ire,
with his firearm aimed at the victim
(Saburnido v. Madrono (A.C. No. 4497.
September 26, 2001)
Re: Sec. 9 Confidential information
Personal knowledge of the case pending
before him is not one of the causes for the
disqualification of a judge under the first
paragraph of Sec. 1 of Rule 137 of the
Revised Rules of Court (took effect Jan. 1,
1964). But paragraph 2 of said section
authorizes the judge, in the exercise of his
sound discretion, to disqualify himself from
sitting in a case, for just or valid reason
other than those mentioned in par. 1.
Before 1964, a judge could not just
voluntarily inhibit himself from a case. But
in cases decided in 1961 and 1962, a judge
was allowed to inhibit for fear that an
opinion expressed by him in a letter as
counsel might influence his decision and for
being related to a counsel within the 4th
civil degree. In 1967, a judge was allowed
to voluntarily disqualify himself on grounds
other than those mentioned in par. 1 of
cited section. Pimentel v. Salanga: Judge
should make a careful self-examination
whether to disqualify himself or not in a
case before him. He should exercise his
discretion in a way that peoples faith in the
courts of justice is not impaired. A salutary
norm is that he reflects on the probability
that a losing party might nurture at the
back of his mind the thought that the judge
had unmeritoriously titled the scales of
justice against him. Judge should be
commended for heeding SC ruling in
100% UP LAW UP BAROPS
LEGAL ETHICS
Geotina v. Gonzales: A judge, sitting on a
case must at all times be fully free,
disinterested, impartial and independent.
Elementary due process requires a hearing
before an impartial and disinterested
tribunal. A judge has both the duties of
rendering a just decision and of doing it in
a manner completely free from suspicion as
to his fairness and as to his integrity.
Mater, Jr. v. Hon. Onofre Villaluz: Outside
of pecuniary interest, relationship or
previous participation in the matter that
calls for adjudication, there may be other
causes that could conceivably erode trait of
objectivity, thus 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
probity and objectivity is preserved; even
more important, ideal of an administration
of justice is lived up to. (Umale v. Villaluz
(1973))
Re: Sec. 11 Practice of Profession
The Court has reminded judges of the
lower courts that a judge whose order is
challenged in an appellate court need not
file any answer, or take an active part in
the proceedings unless expressly directed
by order of the Court. A judge must
maintain a detached attitude from the case
and shall not waste his time by taking an
active part in a proceeding that relates to
official actuations in a case. He is merely a
nominal party and has no personal interest
or personality therein. Further, respondent
judge, in signing and filing a comment with
the court on behalf of one of the parties,
engaged in the private practice of law. The
practice of law is not limited to the conduct
of cases in court or participation in court
proceedings but includes preparation of
pleadings or papers in anticipation of
litigation. Under Section 35, Rule 138 of
the Revised Rules of Court, and Rule 5.07
of the Code of Judicial Conduct, judges are
prohibited from engaging in the private
practice of law. This is based on public
policy because the rights, duties, privileges
and functions of the office of an attorney-
at-law are inherently incompatible with the
high official functions, duties, powers,
discretion and privileges of a judge.
(Tuazon v. Cloribel (2001))
Re: Sec. 13 Gifts, requests and loans
Receiving money from a party litigant is the
kind of gross and flaunting misconduct on
the part of the judge, who is charged with
the responsibility of administering the law
and rendering justice. Members of the
judiciary should display not only the
highest integrity but must, at all times,
conduct themselves in such manner as to
be beyond reproach and suspicion.
(Ompoc v. Torre (1989))
2008 Page 54 of 74

CANON 5: QUICK REFERENCE
Canon 5. Ensuring equality of
treatment to all before the courts is essential
to the due performance of the judicial office.
Sec. 1. Judges shall be aware of, and
understand, diversity in society and
differences arising from various
sources, including but not limited to
race, color, sex, religion, national
origin, caste, disability, age, marital
status, sexual orientation, social and
economic status and other like
causes.
Sec. 2. Judges shall not, in the
performance of judicial duties, by
words or conduct, manifest bias or
prejudice towards any person or
group on irrelevant grounds.
Sec. 3. Judges shall carry out judicial
duties with appropriate consideration
for all persons, such as the parties,
witnesses, lawyers, court staff and
judicial colleagues, without
differentiation on any irrelevant
ground, immaterial to the proper
performance of such duties.
Sec. 4. Judges shall not knowingly
permit court staff or others subject to
his or her influence, direction or
control to differentiate between
persons concerned, in a matter
before the judge, on any irrelevant
ground.
Sec. 5. Judges shall require lawyers
in proceedings before the court to
refrain from manifesting, by words or
conduct, bias or prejudice based on
irrelevant grounds, except such as
are legally relevant to an issue in
proceedings and may be the subject
of legitimate advocacy.
MEMORY AID FOR SECTIONS UNDER CANON 5
Understand the diversity in society (Sec. 1)
Not to manifest bias or prejudice (Sec. 2)
Not to differentiate (Sec. 3)
Not to influence staff (Sec. 4)
Attitude to parties appearing in court (Sec.
5)
KNOW MORE:
Re: Sec. 2Bias or Prejudice
Rule 137 1 of the Rules of Court
expressly states that no judge shall sit in
any case which he has been counsel (for a
party) without the written consent of all
parties in interest, signed by them and
entered upon the record. The prohibition is
not limited to cases in which a judge hears
the evidence but includes as well cases
where he acts by resolving motions, issuing
orders and the like. (In Re Judge Rojas
(1998))
100% UP LAW UP BAROPS
LEGAL ETHICS
Re: Sec. 5 Attitude to Parties Appearing in
Court
The action of the judge in seizing the
witness, Alberto Angel, by the shoulder and
turning him about was unwarranted and an
interference with that freedom from
unlawful personal violence to which every
witness is entitled while giving testimony in
a court of justice. Against such conduct the
appellant had the right to protest and to
demand that the incident be made a matter
of record. That he did so was not contempt,
providing protest and demand were
respectfully made and with due regard for
the dignity of the court. (In Re: Aguas
(1901))
CANON 6: QUICK REFERENCE
Canon. 6. Competence and diligence are
prerequisites to the due performance of judicial
office.
Sec. 1. The judicial duties of a judge
take precedence over all other
activities.
Sec. 2. Judges shall devote their
professional activity to judicial duties,
which include not only the performance
of judicial functions and responsibilities
in court and the making of decisions,
but also other tasks relevant to the
judicial office or the court's operations.
Sec. 3. Judges shall take reasonable
steps to maintain and enhance their
knowledge, skills and personal qualities
necessary for the proper performance
of judicial duties, taking advantage for
this purpose of the training and other
facilities which should be made
available, under judicial control, to
judges.
Sec. 4. Judges shall keep themselves
informed about relevant developments
of international law, including
international conventions and other
instruments establishing human rights
norms.
Sec. 5. Judges shall perform all judicial
duties, including the delivery of
reserved decisions, efficiently, fairly and
with reasonable promptness.
Sec. 6. Judges shall maintain order and
decorum in all proceedings before the
court and be patient, dignified and
courteous in relation to litigants,
witnesses, lawyers and others with
whom the judge deals in an official
capacity. Judges shall require similar
conduct of legal representatives, court
staff and others subject to their
influence, direction or control.
Sec. 7. Judges shall not engage in
conduct incompatible with the diligent
discharge of judicial duties.
2008 Page 55 of 74
 LEGAL ETHICS

MEMORY AID FOR SECTIONS UNDER CANON 6

Duties take precedence (Sec. 1)
Perform administrative duties (Sec. 2)
Maintain professional competence (Sec. 3)
Be informed about the law (Sec. 4)
Prompt decision making (Sec. 5)
Maintain order in proceedings (Sec. 6)
Not to engage in conduct contrary to duties
(Sec. 7)

KNOW MORE:

Re: Sec. 2 Administrative duties

In the instant case, respondent judge
impeded the speedy disposition of cases by
his successor on account of missing records
of cases. This fact reflects an inefficient and
disorderly system in the recording of cases
assigned to his sala. Proper and efficient
court management is as much the judge's
responsibility for the Court personnel are
not the guardians of a Judge's
responsibilities. A judge is expected to
ensure that the records of cases assigned
to his sala are intact. There is no
justification for missing records save
fortuitous events. The loss of not one but
eight records is indicative of gross
misconduct and inexcusable negligence
unbecoming of a judge. (Longboan v.
Polig (1990))

Re: Sec. 3 Maintain professional competence

While the court does not require perfection

and infallibility, it reasonably expects a
faithful and intelligent discharge of duty by
those who are selected to fill the positions
of administrators of justice. (In Re Judge
Baltazar Dizon (1989))32

As a matter of public policy, in the absence

of fraud, dishonesty, or corruption, the acts
of a judge in his judicial capacity are not
subject to disciplinary action, even though
such acts are erroneous. Yet it is highly
imperative that they should be
controverted with basic legal principles.
They are called upon to exhibit more than
just a cursory acquaintance with statutes
and to keep themselves abreast of the
latest laws, rulings, jurisprudence affecting
their jurisdiction. Even in the remaining
years of his stay in the judiciary, he should
keep abreast with the changes in the law
and with the latest decisions and
precedents. Although a judge is nearing
retirement, he should not relax in his study
of the law and court decisions. (Abad v.
Bleza (1986))

32
FACTS: This is a motion for reconsideration filed by
respondent Judge Dizon praying that the resolution, finding him
guilty of rendering an erroneous decision, be reconsidered.
Dizon ruled that the state must first prove criminal intent to
find the accused, Lo Chi Fai, guilty of a violation of a Central
Bank Circular. He also ordered the return of the seized foreign
currency from the accused. This Court pointed out that in
offenses punished by special laws, proof of malice or deliberate
intent is not necessary. Respondent manifestly disregarded and
failed to apply this plain and fundamental basic principle.
Respondent admits that his decision is erroneous but pleads that
his mistaken judgment proceeded from good faith and not from
deliberate desire to pervert his position.

100% UP LAW UP BAROPS 2008 Page 56 of 74


2004 RULES ON NOTARIAL PRACTICE
(Aug. 1, 2004)
RULE I
IMPLEMENTATION
Sec. 1. Title. - These Rules shall be known as the
2004 Rules on Notarial Practice.
Sec. 2. Purposes. - These Rules shall be applied
and construed to advance the following purposes:
a. to promote, serve, and protect public interest;
b. to simplify, clarify, and modernize the rules
governing notaries public; and
c. to foster ethical conduct among notaries public.
Sec. 3. Interpretation. - Unless the context of these
Rules otherwise indicates, words in the singular
include the plural, and words in the plural include
the singular.
RULE II
DEFINITIONS
Sec. 1. Acknowledgment. - "Acknowledgment"
refers to an act in which an individual on a single
occasion:
a. appears in person before the notary public and
presents an integrally complete instrument or
document;
b. is attested to be personally known to the
notary public or identified by the notary public
through competent evidence of identity as
defined by these Rules; and
c. represents to the notary public that the
signature on the instrument or document was
voluntarily affixed by him for the purposes
stated in the instrument or document, declares
that he has executed the instrument or
document as his free and voluntary act and
deed, and, if he acts in a particular
representative capacity, that he has the
authority to sign in that capacity.
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.
Sec. 3. Commission. - "Commission" refers to the
grant of authority to perform notarial acts and to
the written evidence of the authority.
Sec. 4. Copy Certification. - "Copy Certification"
refers to a notarial act in which a notary public:
a. is presented with an instrument or document
that is neither a vital record, a public record,
nor publicly recordable;
b. copies or supervises the copying of the
instrument or document;
c. compares the instrument or document with the
copy; and
d. determines that the copy is accurate and
complete.
Sec. 5. Notarial Register. - "Notarial Register"
refers to a permanently bound book with numbered
100% UP LAW UP BAROPS
LEGAL ETHICS
pages containing a chronological record of notarial
acts performed by a notary public.
Sec. 6. Jurat. - "Jurat" refers to an act in which an
individual on a single occasion:
a. appears in person before the notary public and
presents an instrument or document;
b. is personally known to the notary public or
identified by the notary public through
competent evidence of identity as defined by
these Rules;
c. signs the instrument or document in the
presence of the notary; and
d. takes an oath or affirmation before the notary
public as to such instrument or document.
Sec. 7. Notarial Act and Notarization. - "Notarial
Act" and "Notarization" refer to any act that a
notary public is empowered to perform under these
Rules.
Sec. 8. Notarial Certificate. - "Notarial Certificate"
refers to the part of, or attachment to, a notarized
instrument or document that is completed by the
notary public, bears the notary's signature and
seal, and states the facts attested to by the notary
public in a particular notarization as provided for by
these Rules.
Sec. 9. Notary Public and Notary. - "Notary Public"
and "Notary" refer to any person commissioned to
perform official acts under these Rules.
Sec. 10. Principal. - "Principal" refers to a person
appearing before the notary public whose act is the
subject of notarization.
Sec. 11. Regular Place of Work or Business. - The
term "regular place of work or business" refers to a
stationary office in the city or province wherein the
notary public renders legal and notarial services.
Sec. 12. Competent Evidence of Identity. - The
phrase "competent evidence of identity" refers to
the identification of an individual based on:
a. at least one current identification document
issued by an official agency bearing the
photograph and signature of the individual,
such as but not limited to, passport, drivers
license, Professional Regulations Commission
ID, National Bureau of Investigation clearance,
police clearance, postal ID, voters ID,
Barangay certification, Government Service and
Insurance System (GSIS) e-card, Social
Security System (SSS) card, Philhealth card,
senior citizen card, Overseas Workers Welfare
Administration (OWWA) ID, OFW ID, seamans
book, alien certificate of registration/immigrant
certificate of registration, government office ID,
certification from the National Council for the
Welfare of Disable Persons (NCWDP),
Department of Social Welfare and Development
(DSWD) certification; or (as amended by A.M.
No. 02-8-13-SC-Re: 2004 Rules on Notarial
Practice)
b. the oath or affirmation of one credible witness
not privy to the instrument, document or
transaction who is personally known to the
notary public and who personally knows the
individual, or of two credible witnesses neither
of whom is privy to the instrument, document
or transaction who each personally knows the
individual and shows to the notary public
documentary identification.
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Sec. 13. Official Seal or Seal. - "Official seal" or
"Seal" refers to a device for affixing a mark, image
or impression on all papers officially signed by the
notary public conforming the requisites prescribed
by these Rules.
Sec. 14. Signature Witnessing. -The term
"signature witnessing" refers to a notarial act in
which an individual on a single occasion:
a. appears in person before the notary public and
presents an instrument or document;
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. signs the instrument or document in the
presence of the notary public.
Sec. 15. Court. - "Court" refers to the Supreme
Court of the Philippines.
Sec. 16. Petitioner. - "Petitioner" refers to a person
who applies for a notarial commission.
Sec. 17. Office of the Court Administrator. - "Office
of the Court Administrator" refers to the Office of
the Court Administrator of the Supreme Court.
Sec. 18. Executive Judge. - "Executive Judge"
refers to the Executive Judge of the Regional Trial
Court of a city or province who issues a notarial
commission.
Sec. 19. Vendor - "Vendor" under these Rules
refers to a seller of a notarial seal and shall include
a wholesaler or retailer.
Sec. 20. Manufacturer. - "Manufacturer" under
these Rules refers to one who produces a notarial
seal and shall include an engraver and seal maker.
RULE III
COMMISSIONING OF NOTARY PUBLIC
Sec. 1. Qualifications. - A notarial commission may
be issued by an Executive Judge to any qualified
person who submits a petition in accordance with
these Rules.
To be eligible for commissioning as notary public,
the petitioner:
1. must be a citizen of the Philippines;
2. must be over twenty-one (21) years of age;
3. must be a resident in the Philippines for at least
one (1) year and maintains a regular place of
work or business in the city or province where
the commission is to be issued;
4. must be a member of the Philippine Bar in good
standing with clearances from the Office of the
Bar Confidant of the Supreme Court and the
Integrated Bar of the Philippines; and
5. must not have been convicted in the first
instance of any crime involving moral
turpitude.
Sec. 2. Form of the Petition and Supporting
Documents. - Every petition for a notarial
commission shall be in writing, verified, and shall
include the following:
a) a statement containing the petitioner's personal
qualifications, including the petitioner's date of
birth, residence, telephone number,
professional tax receipt, roll of attorney's
number and IBP membership number; ,
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b) certification of good moral character of the
petitioner by at least two (2) executive officers
of the local chapter of the Integrated Bar of the
Philippines where he is applying for
commission;
c) proof of payment for the filing of the petition as
required by these Rules; and
d) three (3) passport-size color photographs with
light background taken within thirty (30) days
of the application. The photograph should not
be retouched. The petitioner shall sign his
name at the bottom part of the photographs.
Sec. 3. Application Fee. - Every petitioner for a
notarial commission shall pay the application fee as
prescribed in the Rules of Court.
Sec. 4. Summary Hearing on the Petition. - The
Executive Judge shall conduct a summary hearing
on the petition and shall grant the same if:
a) the petition is sufficient in form and substance;
b) the petitioner proves the allegations contained
in the petition; and
c) the petitioner establishes to the satisfaction of
the Executive Judge that he has read and fully
understood these Rules.
The Executive Judge shall forthwith issue a
commission and a Certificate of Authorization to
Purchase a Notarial Seal in favor of the petitioner.
Sec. 5. Notice of Summary Hearing.
a) The notice of summary hearing shall be
published in a newspaper of general circulation
in the city or province where the hearing shall
be conducted and posted in a conspicuous
place in the offices of the Executive Judge and
of the Clerk of Court. The cost of the
publication shall be borne by the petitioner. The
notice may include more than one petitioner.
b) The notice shall be substantially in the
following form;
NOTICE OF HEARING
Notice is hereby given that a summary hearing on
the petition for notarial commission of (name of
petitioner) shall be held on (date) at (place) at
(time). Any person who has any cause or reason to
object to the grant of the petition may file a
verified written opposition thereto, received by the
undersigned before the date of the summary
hearing.
______________
Executive Judge
Sec. 6. Opposition to Petition. - Any person who
has any cause or reason to object to the grant of
the petition may file a verified written opposition
thereto. The opposition must be received by the
Executive Judge before the date of the summary
hearing.
Sec. 7. Form of Notarial Commission. - The
commissioning of a notary public shall be in a
formal order signed by the Executive Judge
substantially in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ______________
This is to certify that (name of notary public) of
(regular place of work or business) in (city or
province) was on this (date) day of (month) two
thousand and (year) commissioned by the
undersigned as a notary public, within and for the
said jurisdiction, for a term ending the thirty-first
day of December (year)
2008 Page 58 of 74

_______________
Executive Judge
Sec. 8. Period Of Validity of Certificate of
Authorization to Purchase a Notarial Seal. - The
Certificate of Authorization to Purchase a Notarial
Seal shall be valid for a period of three (3) months
from date of issue, unless extended by the
Executive Judge.
A mark, image or impression of the seal that may
be purchased by the notary public pursuant to the
Certificate shall be presented to the Executive
Judge for approval prior to use.
Sec. 9. Form of Certificate of Authorization to
Purchase a Notarial Seal. -The Certificate of
Authorization to Purchase a Notarial Seal shall
substantially be in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF_____________
CERTIFICATE OF AUTHORIZATION TO PURCHASE A
NOTARIAL SEAL
This is to authorize (name of notary public) of (city
or province) who was commissioned by the
undersigned as a notary public, within and for the
said jurisdiction, for a term ending, the thirty-first
of December (year) to purchase a notarial seal.
Issued this (day) of (month) (year).
_______________
Executive Judge
Sec. 10. Official Seal of Notary Public. - Every
person commissioned as notary public shall have
only one official seal of office in accordance with
these Rules.
Sec. 11. Jurisdiction and Term. - A person
commissioned as notary public may perform
notarial acts in any place within the territorial
jurisdiction of the commissioning court for a period
of two (2) years commencing the first day of
January of the year in which the commissioning is
made, unless earlier revoked or the notary public
has resigned under these Rules and the Rules of
Court.
Sec. 12. Register of Notaries Public. - The
Executive Judge shall keep and maintain a Register
of Notaries Public in his jurisdiction which shall
contain, among others, the dates of issuance or
revocation or suspension of notarial commissions,
and the resignation or death of notaries public. The
Executive Judge shall furnish the Office of the Court
Administrator information and data recorded in the
register of notaries public. The Office of the Court
Administrator shall keep a permanent, complete
and updated database of such records.
Sec. 13. Renewal of Commission. - A notary public
may file a written application with the Executive
Judge for the renewal of his commission within
forty-five (45) days before the expiration thereof. A
mark, image or impression of the seal of the notary
public shall be attached to the application.
Failure to file said application will result in the
deletion of the name of the notary public in the
register of notaries public.
The notary public thus removed from the Register
of Notaries Public may only be reinstated therein
after he is issued a new commission in accordance
with these Rules.
Sec. 14. Action on Application for Renewal of
Commission. - The Executive Judge shall, upon
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payment of the application fee mentioned in
Section 3 above of this Rule, act on an application
for the renewal of a commission within thirty (30)
days from receipt thereof. If the application is
denied, the Executive Judge shall state the reasons
therefore.
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
Sec. 1. Powers.
a) A notary public is empowered to perform the
following notarial acts:
1) acknowledgments;
2) oaths and affirmations;
3) jurats;
4) signature witnessings;
5) copy certifications; and
6) any other act authorized by these Rules.
b) A notary public is authorized to certify the
affixing of a signature by thumb or other mark
on an instrument or document presented for
notarization if:
1) the thumb or other mark is affixed in the
presence of the notary public and of two
(2) disinterested and unaffected witnesses
to the instrument or document;
2) both witnesses sign their own names in
addition to the thumb or other mark;
3) the notary public writes below the thumb or
other mark: "Thumb or Other Mark affixed
by (name of signatory by mark) in the
presence of (names and addresses of
witnesses) and undersigned notary public";
and
4) the notary public notarizes the signature by
thumb or other mark through an
acknowledgment, jurat, or signature
witnessing.
c) A notary public is authorized to sign on behalf
of a person who is physically unable to sign or
make a mark on an instrument or document if:
1) the notary public is directed by the person
unable to sign or make a mark to sign on
his behalf;
2) the signature of the notary public is affixed
in the presence of two disinterested and
unaffected witnesses to the instrument or
document;
3) both witnesses sign their own names ;
4) the notary public writes below his
signature: "Signature affixed by notary in
presence of (names and addresses of
person and two \2] witnesses)"; and
5) the notary public notarizes his signature by
acknowledgment or jurat.
Sec. 2. Prohibitions.
a) A notary public shall not perform a notarial act
outside his regular place of work or business;
provided, however, that on certain exceptional
occasions or situations, a notarial act may be
performed at the request of the parties in the
following sites located within his territorial
jurisdiction:
(1) public offices, convention halls, and similar
places where oaths of office may be
administered;
(2) public function areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
(3) hospitals and other medical institutions
where a party to an instrument or
document is confined for treatment; and
2008 Page 59 of 74

(4) any place where a party to an instrument
or document requiring notarization is under
detention.
b) A person shall not perform a notarial act if the
person involved as signatory to the instrument
or document -
(1) is not in the notary's presence personally at
the time of the notarization; and
(2) is not personally known to the notary public
or otherwise identified by the notary public
through competent evidence of identity as
defined by these Rules.
Sec. 3. Disqualifications. - A notary public is
disqualified from performing a notarial act if he:
(a) is a party to the instrument or document that is
to be notarized;
(b) will receive, as a direct or indirect result, any
commission, fee, advantage, right, title,
interest, cash, property, or other consideration,
except as provided by these Rules and by law;
or
(c) is a spouse, common-law partner, ancestor,
descendant, or relative by affinity or
consanguinity of the principal within the fourth
civil degree.
Sec. 4. Refusal to Notarize. - A notary public shall
not perform any notarial act described in these
Rules for any person requesting such an act even if
he tenders the appropriate fee specified by these
Rules if:
(a) the notary knows or has good reason to believe
that the notarial act or transaction is unlawful
or immoral;
(b) the signatory shows a demeanor which
engenders in the mind of the notary public
reasonable doubt as to the former's knowledge
of the consequences of the transaction
requiring a notarial act; and
(c) in the notary's judgment, the signatory is not
acting of his or her own free will.
Sec. 5. False or Incomplete Certificate. - A notary
public shall not:
(a) execute a certificate containing information
known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial
certificate that is incomplete.
Sec. 6. Improper Instruments or Documents. - A
notary public shall not notarize:
(a) a blank or incomplete instrument or document;
or
(b) an instrument or document without appropriate
notarial certification.
RULE V
FEES OF NOTARY PUBLIC
Sec. 1. Imposition and Waiver of Fees. - For
performing a notarial act, a notary public may
charge the maximum fee as prescribed by the
Supreme Court unless he waives the fee in whole
or in part.
Sec. 2. Travel Fees and Expenses. - A notary public
may charge travel fees and expenses separate and
apart from the notarial fees prescribed in the
preceding section when traveling to perform a
notarial act if the notary public and the person
requesting the notarial act agree prior to the travel.
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Sec. 3. Prohibited Fees. - No fee or compensation
of any kind, except those expressly prescribed and
allowed herein, shall be collected or received for
any notarial service.
Sec. 4. Payment or Refund of Fees. - A notary
public shall not require payment of any fees
specified herein prior to the performance of a
notarial act unless otherwise agreed upon.
Any travel fees and expenses paid to a notary
public prior to the performance of a notarial act are
not subject to refund if the notary public had
already traveled but failed to complete in whole or
in part the notarial act for reasons beyond his
control and without negligence on his part.
Sec. 5. Notice of Fees. - A notary public who
charges a fee for notarial services shall issue a
receipt registered with the Bureau of Internal
Revenue and keep a journal of notarial fees. He
shall enter in the journal all fees charged for
services rendered.
A notary public shall post in a conspicuous place in
his office a complete schedule of chargeable
notarial fees.
RULE VI
NOTARIAL REGISTER
Sec. 1. Form of Notarial Register.
(a) A notary public shall keep, maintain, protect
and provide for lawful inspection as provided in
these Rules, a chronological official notarial
register of notarial acts consisting of a
permanently bound book with numbered pages.
The register shall be kept in books to be
furnished by the Solicitor General to any notary
public upon request and upon payment of the
cost thereof. The register shall be duly paged,
and on the first page, the Solicitor General shall
certify the number of pages of which the book
consists.
For purposes of this provision, a Memorandum
of Agreement or Understanding may be entered
into by the Office of the Solicitor General and
the Office of the Court Administrator.
(b) A notary/ public shall keep only one active
notarial register at any given time.
Sec. 2. Entries in the Notarial Register.
(a) For every notarial act, the notary shall record in
the notarial register at the time of notarization
the following:
(1) the entry number and page number;
(2) the date and time of day of the notarial
act;
(3) the type of notarial act;
(4) the title or description of the instrument,
document or proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as
defined by these Rules if the signatory is
not personally known to the notary;
(7) the name and address of each credible
witness swearing to or affirming the
person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was
performed if not in the notary's regular
place of work or business; and
(10) any other circumstance the notary
public may deem of significance or
relevance.
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(b) A notary public shall record in the notarial
register the reasons and circumstances for not
completing a notarial act.
(c) A notary public shall record in the notarial
register the circumstances of any request to
inspect or copy an entry in the notarial register,
including the requester's name, address,
signature, thumb mark or other recognized
identifier, and evidence of identity. The reasons
for refusal to allow inspection or copying of a
journal entry shall also be recorded.
(d) When the instrument or document is a
contract, the notary public shall keep an
original copy thereof as part of his records and
enter in said records a brief description of the
substance thereof and shall give to each entry
a consecutive number, beginning with number
one in each calendar year. He shall also retain
a duplicate original copy for the Clerk of Court.
(e) The notary public shall give to each instrument
or document executed, sworn to, or
acknowledged before him a number
corresponding to the one in his register, and
shall also state on the instrument or document
the page/s of his register on which the same is
recorded. No blank line shall be left between
entries.
(f) In case of a protest of any draft, bill of
exchange or promissory note, the notary public
shall make a full and true record of all
proceedings in relation thereto and shall note
therein whether the demand for the sum of
money was made, by whom, when, and where;
whether he presented such draft, bill or note;
whether notices were given, to whom and in
what manner; where the same was made,
when and to whom and where directed; and of
every other fact touching the same.
(g) At the end of each week, the notary public shall
certify in his notarial register the number of
instruments or documents executed, sworn to,
acknowledged, or protested before him; or if
none, this certificate shall show this fact.
(h) A certified copy of each month's entries and a
duplicate original copy of any instrument
acknowledged before the notary public shall,
within the first ten (10) days of the month
following, be forwarded to the Clerk of Court
and shall be under the responsibility of such
officer. If there is no entry to certify for the
month, the notary shall forward a statement to
this effect in lieu of certified copies herein
required.
Sec. 3. Signatures and Thumbmarks. - At the time
of notarization, the notary's notarial register shall
be signed or a thumb or other mark affixed by
each:
(a) principal;
(b) credible witness swearing or affirming to the
identity of a principal; and
(c) witness to a signature by thumb or other mark,
or to a signing by the notary public on behalf of
a person physically unable to sign.
Sec. 4. Inspection, Copying and Disposal.
(a) In the notary's presence, any person may
inspect an entry in the notarial register, during
regular business hours, provided;
(1) the person's identity is personally known to
the notary public or proven through
competent evidence of identity as defined
in these Rules;
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(2) the person affixes a signature and thumb
or other mark or other recognized
identifier, in the notarial .register in a
separate, dated entry;
(3) the person specifies the month, year, type
of instrument or document, and name of
the principal in the notarial act or acts
sought; and
(4) the person is shown only the entry or
entries specified by him.
(b) The notarial register may be examined by a law
enforcement officer in the course of an official
investigation or by virtue of a court order.
(c) If the notary public has a reasonable ground to
believe that a person has a criminal intent or
wrongful motive in requesting information from
the notarial register, the notary shall deny
access to any entry or entries therein.
Sec. 5. Loss, Destruction or Damage of Notarial
Register.
(a) In case the notarial register is stolen, lost,
destroyed, damaged, or otherwise rendered
unusable or illegible as a record of notarial
acts, the notary public shall, within ten (10)
days after informing the appropriate law
enforcement agency in the case of theft or
vandalism, notify the Executive Judge by any
means providing a proper receipt or
acknowledgment, including registered mail and
also provide a copy or number of any pertinent
police report.
(b) Upon revocation or expiration of a notarial
commission, or death of the notary public, the
notarial register and notarial records shall
immediately be delivered to the office of the
Executive Judge.
Sec. 6. Issuance of Certified True Copies. - The
notary public shall supply a certified true copy of
the notarial record, or any part thereof, to any
person applying for such copy upon payment of the
legal fees.
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
Sec. 1. Official Signature. - In notarizing a paper
instrument or document, a notary public shall:
(a) sign by hand on the notarial certificate only the
name indicated and as appearing on the
notary's commission;
(b) not sign using a facsimile stamp or printing
device; and
(c) affix his official signature only at the time the
notarial act is performed.
Sec. 2. Official Seal.
(a) Every person commissioned as notary public
shall have a seal of office, to be procured at his
own expense, which shall not be possessed or
owned by any other person. It shall be of
metal, circular in shape, two inches in
diameter, and shall have the name of the city
or province and the word "Philippines" and his
own name on the margin and the roll of
attorney's number on the face thereof, with the
words "notary public" across the center. A
mark, image or impression of such seal shall be
made directly on the paper or parchment on
which the writing appears.
(b) The official seal shall be affixed only at the time
the notarial act is performed and shall be
2008 Page 61 of 74

clearly impressed by the notary public on every
page of the instrument or document notarized.
(c) When not in use, the official seal shall be kept
safe and secure and shall be accessible only to
the notary public or the person duly authorized
by him.
(d) Within five (5) days after the official seal of a
notary public is stolen, lost, damaged or other
otherwise rendered unserviceable in affixing a
legible image, the notary public, after informing
the appropriate law enforcement agency, shall
notify the Executive Judge in writing, providing
proper receipt or acknowledgment, including
registered mail, and in the event of a crime
committed, provide a copy or entry number of
the appropriate police record. Upon receipt of
such notice, if found in order by the Executive
Judge, the latter shall order the notary public
to cause notice of such loss or damage to be
published, once a week for three (3)
consecutive weeks, in a newspaper of general
circulation in the city or province where the
notary public is commissioned. Thereafter, the
Executive Judge shall issue to the notary public
a new Certificate of Authorization to Purchase a
Notarial Seal.
(e) Within five (5) days after the death or
resignation of the notary public, or the
revocation or expiration of a notarial
commission, the official seal shall be
surrendered to the Executive Judge and shall
be destroyed or defaced in public during office
hours. In the event that the missing, lost or
damaged seal is later found or surrendered, it
shall be delivered by the notary public to the
Executive Judge to be disposed of in
accordance with this section. Failure to effect
such surrender shall constitute contempt of
court. In the event of death of the notary
public, the person in possession of the official
seal shall have the duty to surrender it to the
Executive Judge.
Sec. 3. Seal Image. - The notary public shall affix a
single, clear, legible, permanent, and
photographically reproducible mark, image or
impression of the official seal beside his signature
on the notarial certificate of a paper instrument or
document.
Sec. 4. Obtaining and Providing Seal.
(a) A vendor or manufacturer of notarial seals may
not sell said product without a written
authorization from the Executive Judge.
(b) Upon written application and after payment of
the application fee, the Executive Judge may
issue an authorization to sell to a vendor or
manufacturer of notarial seals after verification
and investigation of the latter's qualifications.
The Executive Judge shall charge an
authorization fee in the amount of Php 4,000
for the vendor and Php 8,000 for the
manufacturer. If a manufacturer is also a
vendor, he shall only pay the manufacturer's
authorization fee.
(c) The authorization shall be in effect for a period
of four (4) years from the date of its issuance
and may be renewed by the Executive Judge
for a similar period upon payment of the
authorization fee mentioned in the preceding
paragraph.
(d) A vendor or manufacturer shall not sell a seal
to a buyer except upon submission of a
certified copy of the commission and the
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Certificate of Authorization to Purchase a
Notarial Seal issued by the Executive Judge. A
notary public obtaining a new seal as a result of
change of name shall present to the vendor or
manufacturer a certified copy of the
Confirmation of the Change of Name issued by
the Executive Judge.
(e) Only one seal may be sold by a vendor or
manufacturer for each Certificate of
Authorization to Purchase a Notarial Seal,
(f) After the sale, the vendor or manufacturer shall
affix a mark, image or impression of the seal to
the Certificate of Authorization to Purchase a
Notarial Seal and submit the completed
Certificate to the Executive Judge. Copies of
the Certificate of Authorization to Purchase a
Notarial Seal and the buyer's commission shall
be kept in the files of the vendor or
manufacturer for four (4) years after the sale.
(g) A notary public obtaining a new seal as a result
of change of name shall present to the vendor
a certified copy of the order confirming the
change of name issued by the Executive Judge.
RULE VIII
NOTARIAL CERTIFICATES
Sec. 1. Form of Notarial Certificate. - The notarial
form used for any notarial instrument or document
shall conform to all the requisites prescribed
herein, the Rules of Court and all other provisions
of issuances by the Supreme Court and in
applicable laws.
Sec. 2. Contents of the Concluding Part of the
Notarial Certificate. - The notarial certificate shall
include the following:
(a) the name of the notary public as exactly
indicated in the commission;
(b) the serial number of the commission of the
notary public;
(c) the words "Notary Public" and the province or
city where the notary public is commissioned,
the expiration date of the commission, the
office address of the notary public; and
(d) the roll of attorney's number, the professional
tax receipt number and the place and date of
issuance thereof, and the IBP membership
number.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
Sec. 1. Certificate of Authority for a Notarial Act. -
A certificate of authority evidencing the authenticity
of the official seal and signature of a notary public
shall be issued by the Executive Judge upon
request in substantially the following form:
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
I, (name, title, jurisdiction of the Executive Judge),
certify that (name of notary public), the person
named in the seal and signature on the attached
document, is a Notary Public in and for the
(City/Municipality/Province) of the Republic of the
Philippines and authorized to act as such at the
time of the document's notarization.
IN WITNESS WHEREOF, I have affixed below my
signature and seal of this office this (date) day of
(month) (year).
_________________
(official signature)
(seal of Executive Judge)
RULE X
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CHANGES OF STATUS OF NOTARY PUBLIC
Sec. 1. Change of Name and Address.
Within ten (10) days after the change of name of
the notary public by court order or by marriage, or
after ceasing to maintain the regular place of work
or business, the notary public shall submit a signed
and dated notice of such fact to the Executive
Judge.
The notary public shall not notarize until:
(a) he receives from the Executive Judge a
confirmation of the new name of the notary
public and/or change of regular place of work
or business; and
(b) a new seal bearing the new name has been
obtained.
The foregoing notwithstanding, until the
aforementioned steps have been completed, the
notary public may continue to use the former name
or regular place of work or business in performing
notarial acts for three (3) months from the date of
the change, which may be extended once for valid
and just cause by the Executive Judge for another
period not exceeding three (3) months.
Sec. 2. Resignation. - A notary public may resign
his commission by personally submitting a written,
dated and signed formal notice to the Executive
Judge together with his notarial seal, notarial
register and records. Effective from the date
indicated in the notice, he shall immediately cease
to perform notarial acts. In the event of his
incapacity to personally appear, the submission of
the notice may be performed by his duly authorized
representative.
Sec. 3. Publication of Resignation. - The Executive
Judge shall immediately order the Clerk of Court to
post in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the
names of notaries public who have resigned their
notarial commissions and the effective dates of
their resignation.
RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY
SANCTIONS
Sec. 1. Revocation and Administrative Sanctions.
(a) The Executive Judge shall revoke a notarial
commission for any ground on which an
application for a commission may be denied.
(b) In addition, the Executive Judge may revoke
the commission of, or impose appropriate
administrative sanctions upon, any notary
public who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in
his notarial register concerning his notarial
acts;
(3) fails to send the copy of the entries to the
Executive Judge within the first ten (10)
days of the month following;
(4) fails to affix to acknowledgments the date
of expiration of his commission;
(5) fails to submit his notarial register, when
filled, to the Executive Judge;
(6) fails to make his report, within a
reasonable time, to the Executive Judge
concerning the performance of his duties,
as may be required by the judge;
(7) fails to require the presence of a principal
at the time of the notarial act;
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(8) fails to identify a principal on the basis of
personal knowledge or competent
evidence;
(9) executes a false or incomplete certificate
under Section 5, Rule IV;
(10) knowingly performs or fails to
perform any other act prohibited or
mandated by these Rules; and
(11) commits any other dereliction or
act which in the judgment of the Executive
Judge constitutes good cause for revocation
of commission or imposition of
administrative sanction.
(c) Upon verified complaint by an interested,
affected or aggrieved person, the notary public
shall be required to file a verified answer to the
complaint.
If the answer of the notary public is not
satisfactory, the Executive Judge shall conduct
a summary hearing. If the allegations of the
complaint are not proven, the complaint shall
be dismissed. If the charges are duly
established, the Executive Judge shall impose
the appropriate administrative sanctions. In
either case, the aggrieved party may appeal
the decision to the Supreme Court for review.
Pending the appeal, an order imposing
disciplinary sanctions shall be immediately
executory, unless otherwise ordered by the
Supreme Court.
(d) The Executive Judge may motu proprio
initiate administrative proceedings against a
notary public, subject to the procedures
prescribed in paragraph (c) above and
impose the appropriate administrative
sanctions on the grounds mentioned in the
preceding paragraphs (a) and (b).
Sec. 2. Supervision and Monitoring of Notaries
Public. - The Executive Judge shall at all times
exercise supervision over notaries public and shall
closely monitor their activities.
Sec. 3. Publication of Revocations and
Administrative Sanctions. - The Executive Judge
shall immediately order the Clerk of Court to post
in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the
names of notaries public who have been
administratively sanctioned or whose notarial
commissions have been revoked.
Sec. 4. Death of Notary Public. - If a notary public
dies before fulfilling the obligations in Section 4(e),
Rule VI and Section 2(e), Rule VII, the Executive
Judge, upon being notified of such death, shall
forthwith cause compliance with the provisions of
these sections.
RULE XII
SPECIAL PROVISIONS
Sec. 1. Punishable Acts. - The Executive Judge
shall cause the prosecution of any person who:
(a) knowingly acts or otherwise impersonates a
notary public;
(b) knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or official
records of a notary public; and
(c) knowingly solicits, coerces, or in any way
influences a notary public to commit official
misconduct.
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Sec. 2. Reports to the Supreme Court. - The
Executive Judge concerned shall submit semestral
reports to the Supreme Court on discipline and
prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
Sec. 1. Repeal. - All rules and parts of rules,
including issuances of the Supreme Court
inconsistent herewith, are hereby repealed or
accordingly modified.
Sec. 2. Effective Date. - These Rules shall take
effect on the first day of August 2004, and shall be
published in a newspaper of general circulation in
the Philippines which provides sufficiently wide
circulation.
Promulgated this 6th day of July, 2004.
B.M. No. 850 August 22, 2000
MANDATORY CONTINUING LEGAL EDUCATION
(MCLE)
ADOPTING THE RULES ON MANDATORY
CONTINUING LEGAL EDUCATION FOR
MEMBERS OF THE INTEGRATED BAR OF THE
PHILIPPINES
EN BANC
RESOLUTION
Considering the Rules on Mandatory Continuing
Legal Education (MCLE) for members of the
Integrated Bar of the Philippines (IBP),
recommended by the IBP, endorsed by the
Philippine Judicial Academy, and reviewed and
passed upon by the Supreme Court Committee on
Legal Education, the Court hereby resolves to
adopt, as it hereby adopts, the following rules for
proper implementation:
RULE 1
PURPOSE
Sec. 1. Purpose of the MCLE. Continuing legal
education is required of members of the Integrated
Bar of the Philippines (IBP) to ensure that
throughout their career, they keep abreast with law
and jurisprudence, maintain the ethics of the
profession and enhance the standards of the
practice of law.
RULE 2
MANDATORY CONTINUING LEGAL EDUCATION
Sec. 1. Constitution of the MCLE Committee. Within
two (2) months from the approval of these Rules
by the Supreme Court En Banc, the MCLE
Committee shall be constituted in accordance with
these Rules.
Sec. 2. Requirements of completion of MCLE.
Members of the IBP not exempt under Rule 7 shall
complete, every three (3) years, at least thirty-six
(36) hours of continuing legal education activities
approved by the MCLE Committee. Of the 36
hours:
(a) At least six (6) hours shall be devoted to legal
ethics.
(b) At least (4) hours shall be devoted to trial and
pretrial skills.
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(c) At least five (5) hours shall be devoted to
alternative dispute resolution.
(d) At least nine (9) hours shall be devoted to
updates on substantive and procedural laws,
and jurisprudence.
(e) At least four (4) hours shall be devoted to legal
writing and oral advocacy.
(f) At least two (2) hours shall be devoted to
international law and international conventions.
(g) The remaining six (6) hours shall be devoted to
such subjects as may be prescribed by the
MCLE Committee.
RULE 3
COMPLIANCE PERIOD
Sec. 1. Initial compliance period. The initial
compliance period shall begin not later than three
(3) months from the constitution of the MCLE
Committee. Except for the initial compliance period
for members admitted or readmitted after the
establishment of the program, all compliance
periods shall be for thirty-six (36) months and shall
begin the day after the end of the previous
compliance period.
Sec. 2. Compliance Group 1. Members in the
National Capital Region (NCR) or Metro Manila shall
be permanently assigned to Compliance Group 1.
Sec. 3. Compliance Group 2. Members in Luzon
outside NCR shall be permanently assigned to
Compliance Group 2.
Sec. 4. Compliance Group 3. Members in Visayas
and Mindanao shall be permanently assigned to
Compliance Group 3.
Sec. 5. Compliance period for members admitted or
readmitted after establishment of the program.
Members admitted or readmitted to the Bar after
the establishment of the program shall be
permanently assigned to the appropriate
Compliance Group based on their Chapter
membership on the date of admission or
readmission.
The initial compliance period after admission or
readmission shall begin on the first day of the
month of admission or readmission and shall end
on the same day as that of all other members in
the same Compliance Group.
(a) Where four (4) months or less remain of the
initial compliance period after admission or
readmission, the member is not required to
comply with the program requirement for the
initial compliance.
(b) Where more than four (4) months remain of
the initial compliance period after admission or
readmission, the member shall be required to
complete a number of hours of approved
continuing legal education activities equal to
the number of months remaining in the
compliance period in which the member is
admitted or readmitted. Such member shall be
required to complete a number of hours of
education in legal ethics in proportion to the
number of months remaining in the compliance
period. Fractions of hours shall be rounded up
to the next whole number.
RULE 4
COMPUTATION OF CREDIT UNITS
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 LEGAL ETHICS

Sec. 1. Guidelines The following are the guidelines Sec. 3. Claim for non-participatory credit Non-
for computation of credit units (CU): participatory credit may be claimed per compliance
PROGRAMS; CREDIT UNITS; SUPPORTING period for:
DOCUMENTS (a) Preparing, as an author or co-author, written
1. SEMINARS, CONVENTIONS, CONFERENCES, materials published or accepted for publication,
SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS, e.g., in the form of an article, chapter, book, or
WORKSHOPS, DIALOGUES, ROUND TABLE book review which contribute to the legal
DISCUSSIONS BY APPROVED PROVIDERS education of the author member, which were
UNDER RULE 7 AND OTHER RELATED RULES not prepared in the ordinary course of the
PARTICIPANT 1 CU PER HOUR CERTIFICATE member's practice or employment.
OF ATTENDANCE WITH NUMBER OF HOURS (b) Editing a law book, law journal or legal
1.2 LECTURER 5 CU PER HOUR newsletter.
PHOTOCOPY OF PLAQUE OR SPONSOR'S
CERTIFICATION RULE 6
RESOURCE 3 CU PER HOUR PHOTOCOPY COMPUTATION OF CREDIT HOURS
OF PLAQUE OR SPONSOR'S SPEAKER
CERTIFICATION Sec. 1. Computation of credit hours. Credit hours
ASSIGNED 2 CU PER HOUR CERTIFICATION are computed based on actual time spent in an
FROM SPONSORING PENALIST/ activity (actual instruction or speaking time), in
ORGANIZATION REACTOR/COMMENTATOR hours to the nearest one-quarter hour.
MODERATOR/ 2 CU PER HOUR
CERTIFICATION FROM SPONSORING RULE 7
COORDINATOR/ ORGANIZATION EXEMPTIONS
FACILITATOR
2. AUTHORSHIP, EDITING AND REVIEW Sec. 1. Parties exempted from the MCLE. The
RESEARCH/ 5-10 CREDIT UNITS following members of the Bar are exempt from the
DULY CERTIFIED/PUBLISHED INNOVATIVE MCLE requirement:
TECHNICAL REPORT/PAPER (a) The President and the Vice President of the
PROGRAM/CREATIVE PROJECT Philippines, and the Secretaries and
BOOK 50-100 PP 101+ PUBLISHED Undersecretaries of Executives Departments;
BOOK SINGLE AUTHOR 12-16 CU 17-20 CU (b) Senators and Members of the House of
2 AUTHORS 10-12 CU 13-16 CU Representatives;
3 OR MORE 5-6 CU 7-11 CU (c) The Chief Justice and Associate Justices of the
BOOK EDITOR 1/2 OF THE CU OF Supreme Court, incumbent and retired
PUBLISHED BOOK WITH PROOF members of the judiciary, incumbent members
AUTHORSHIP AS EDITOR CATEGORY of the Judicial and Bar Council, incumbent
LEGAL ARTICLE 5-10 PP 11+ members of the Mandatory Continuing Legal
PUBLISHED ARTICLE SINGLE AUTHOR 6 CU Education Committee, incumbent court lawyers
8 CU who have availed of the Philippine Judicial
2 AUTHORS 4 CU 6 CU Academy program of continuing judicial
3 OR MORE 2 CU 4 CU education; (as amended by July 14, 2004
LEGAL 3-6 CU PER ISSUE Resolution of the SC en banc)
PUBLISHED NEWSLETTER/JOURNAL (d) The Chief State Counsel, Chief State Prosecutor
NEWSLETTER/LAW JOURNAL EDITOR and Assistant Secretaries of the Department of
3. PROFESSIONAL 6 CU PER CHAIR Justice;
CERTIFICATION OF LAW DEAN CHAIR/BAR 1 (e) The Solicitor General and the Assistant Solicitor
CU PER LECTURE OR BAR REVIEW DIRECTOR General;
REVIEW/ HOUR LECTURE/LAW TEACHING (f) The Government Corporate Counsel, Deputy
and Assistant Government Corporate Counsel;
Sec. 2. Limitation on certain credit units. In (g) The Chairmen and Members of the
numbers 2 and 3 of the guidelines in the preceding Constitutional Commissions;
Section, the total maximum credit units shall not (h) The Ombudsman, the Overall Deputy
exceed twenty (20) hours per three (3) years. Ombudsman, the Deputy Ombudsmen and the
Special Prosecutor of the Office of the
RULE 5 Ombudsman;
CATEGORIES OF CREDIT (i) Heads of government agencies exercising
quasi-judicial functions;
Sec. 1. Classes of credits The credits are either (j) Incumbent deans, bar reviews and professors
participatory or non-participatory. of law who have teaching experience for at
least 10 years accredited law schools;
Sec. 2. Claim for participatory credit. Participatory (k) The Chancellor, Vice-Chancellor and members
credit may be claimed for: of the Corps of Professors and Professorial
(a) Attending approved education activities like Lectures of the Philippine Judicial Academy;
seminars, conferences, symposia, in-house and
education programs, workshops, dialogues or (l) Governors and Mayors.
round table discussions.
(b) Speaking or lecturing, or acting as assigned Sec. 2. Other parties exempted from the MCLE. The
panelist, reactor, commentator, resource following Members of the Bar are likewise exempt:
speaker, moderator, coordinator or facilitator in (a) Those who are not in law practice, private or
approved education activities. public.
(c) Teaching in a law school or lecturing in a bar (b) Those who have retired from law practice with
review class. the approval of the IBP Board of Governors.

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Sec. 3. Good cause for exemption from or
modification of requirement. A member may file a
verified request setting forth good cause for
exemption (such as physical disability, illness, post
graduate study abroad, proven expertise in law,
etc.) from compliance with or modification of any of
the requirements, including an extension of time
for compliance, in accordance with a procedure to
be established by the MCLE Committee.
Sec. 4. Change of status. The compliance period
shall begin on the first day of the month in which a
member ceases to be exempt under Sections 1, 2,
or 3 of this Rule and shall end on the same day as
that of all other members in the same Compliance
Group.
Sec. 5. Proof of exemption. Applications for
exemption from or modification of the MCLE
requirement shall be under oath and supported by
documents.
RULE 8
STANDARDS FOR APPROVAL OF EDUCATION
ACTIVITIES
Sec. 1. Approval of MCLE program. Subject to the
rules as may be adopted by the MCLE Committee,
continuing legal education program may be granted
approval in either of two (2) ways: (1) the provider
of the activity is an approved provider and certifies
that the activity meets the criteria of Section 3 of
this Rules; and (2) the provider is specially
mandated by law to provide continuing legal
education.
Sec. 2. Standards for all education activities. All
continuing legal education activities must meet the
following standards:
(a) The activity shall have significant current
intellectual or practical content.
(b) The activity shall constitute an organized
program of learning related to legal subjects
and the legal profession, including cross
profession activities (e.g., accounting-tax or
medical-legal) that enhance legal skills or the
ability to practice law, as well as subjects in
legal writing and oral advocacy.
(c) The activity shall be conducted by a provider
with adequate professional experience.
(d) Where the activity is more than one (1) hour in
length, substantive written materials must be
distributed to all participants. Such materials
must be distributed at or before the time the
activity is offered.
(e) In-house education activities must be
scheduled at a time and location so as to be
free from interruption like telephone calls and
other distractions.
RULE 9
APPROVAL OF PROVIDERS
Sec 1. Approval of providers. Approval of providers
shall be done by the MCLE Committee.
Sec. 2. Requirements for approval of providers.
Any persons or group may be approved as a
provider for a term of two (2) years, which may be
renewed, upon written application. All providers of
continuing legal education activities, including in-
house providers, are eligible to be approved
providers. Application for approval shall:
(a) Be submitted on a form provided by the IBP;
100% UP LAW UP BAROPS
LEGAL ETHICS
(b) Contain all information requested on the form;
(c) Be accompanied by the approval fee;
Sec. 3. Requirements of all providers. All approved
providers shall agree to the following:
(a) An official record verifying the attendance at
the activity shall be maintained by the provider
for at least four (4) years after the completion
date. The provider shall include the member on
the official record of attendance only if the
member's signature was obtained at the time
of attendance at the activity. The official record
of attendance shall contain the member's name
and number in the Roll of Attorneys and shall
identify the time, date, location, subject
matter, and length of the education activity. A
copy of such record shall be furnished the IBP.
(b) The provider shall certify that:
(1) This activity has been approved for MCLE
by the IBP in the amount of ________
hours of which hours will apply in (legal
ethics, etc.), as appropriate to the content
of the activity;
(2) The activity conforms to the standards for
approved education activities prescribed by
these Rules and such regulations as may be
prescribed by the IBP pertaining to MCLE.
(c) The provider shall issue a record or certificate
to all participants identifying the time, date,
location, subject matter and length of the
activity.
(d) The provider shall allow in-person observation
of all approved continuing legal education
activities by members of the IBP Board of
Governors, the MCLE Committee, or designees
of the Committee and IBP staff for purposes of
monitoring compliance with these Rules.
(e) The provider shall indicate in promotional
materials, the nature of the activity, the time
devoted to each devoted to each topic and
identify of the instructors. The provider shall
make available to each participant a copy of
IBP-approved Education Activity Evaluation
Form.
(f) The provider shall maintain the completed
Education Activity Evaluation Forms for a
period of not less than one (1) year after the
activity, copy furnished the IBP.
(g) Any person or group who conducts an
unauthorized activity under this program or
issues a spurious certificate in violation of these
Rules shall be subject to appropriate sanctions.
Sec. 4. Renewal of provider approval. The approval
of a provider may be renewed every two (2) years.
It may be denied if the provider fails to comply
with any of the requirements of these Rules or fails
to provide satisfactory education activities for the
preceding period.
Sec. 5. Revocation of provider approval. The
approval of any provider referred to in Rule 9 may
be revoked by a majority vote of the IBP Board of
Governors, upon recommendation of the MCLE
Committee, after notice and hearing and for good
cause.
RULE 10
ACTIVITY AND PROVIDER APPROVAL FEE
Sec. 1. Payment of fees. Application for approval of
an education activity or as a provider requires
payment of an appropriate fee.
2008 Page 66 of 74

RULE 11
GENERAL COMPLIANCE PROCEDURES
Sec. 1. Compliance card. Each member shall secure
from the MCLE Committee a Compliance Card
before the end of his compliance period. He shall
complete the card by attesting under oath that he
has complied with the education requirement or
that he is exempt, specifying the nature of the
exemption. Such Compliance Card must be
returned to the address indicated therein not later
than the day after the end of the member's
compliance period.
Sec. 2. Member record keeping requirement. Each
member shall maintain sufficient record of
compliance or exemption, copy furnished the MCLE
Committee. The record required to be provided to
the members by the provider pursuant to Section
3(c) of Rule 9 should be sufficient record of
attendance at a participatory activity. A record of
non-participatory activity shall also be maintained
by the member, as referred to in Section 3 of Rule
5.
RULE 12
NON-COMPLIANCE PROCEDURES
Sec. 1. What constitutes non-compliance. The
following shall constitute non-compliance
(a) Failure to complete the education requirement
within the compliance period;
(b) Failure to provide attestation of compliance or
exemption;
(c) Failure to provide satisfactory evidence of
compliance (including evidence of exempt
status) within the prescribed period;
(d) Failure to satisfy the education requirement
and furnish evidence of such compliance within
sixty (60) days from receipt of a non-
compliance notice;
(e) Any other act or omission analogous to any of
the foregoing or intended to circumvent or
evade compliance with the MCLE requirements.
Sec. 2. Non-compliance notice and 60-day period
to attain compliance. A member failing to comply
will receive a Non-Compliance Notice stating the
specific deficiency and will be given sixty (60) days
from the date of notification to explain the
deficiency or otherwise show compliance with the
requirements. Such notice shall contain, among
other things, the following language in capital
letters:
YOUR FAILURE TO PROVIDE ADEQUATE
JUSTIFICATION FOR NON-COMPLIANCE OR
PROOF OF COMPLIANCE WITH THE MCLE
REQUIREMENT BY (INSERT DATE 60 DAYS
FROM THE DATE OF NOTICE), SHALL BE A
CAUSE FOR LISTING AS A DELINQUENT
MEMBER.
The Member may use this period to attain the
adequate number of credit hours for compliance.
Credit hours earned during this period may only be
counted toward compliance with the prior
compliance period requirement unless hours in
excess of the requirement are earned, in which
case, the excess hours may be counted toward
meeting the current compliance period
requirement.
RULE 13
CONSEQUENCES OF NON-COMPLIANCE
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Sec. 1. Non-compliance fee. A member who, for
whatever reason, is in non-compliance at the end
of the compliance period shall pay a non-
compliance fee.
Sec. 2. Listing as delinquent member. Any member
who fails to satisfactorily comply with Section 2 of
Rule 12 shall be listed as a delinquent member by
the IBP Board of Governors upon the
recommendation of the MCLE Committee, in which
case, Rule 139-A of the Rules of Court shall apply.
RULE 14
REINSTATEMENT
Sec. 1. Process. The involuntary listing as a
delinquent member shall be terminated when the
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 associations
of law schools and/or law professors.
The members of the Committee shall be of proven
probity and integrity. They shall be appointed by
the Supreme Court for a term of three (3) years
and shall receive such compensation as may be
determined by the Court.
Sec. 2. Duty of the Committee. The MCLE
Committee shall administer and adopt such
implementing rules as may be necessary subject to
the approval by the Supreme Court. It shall, in
consultation with the IBP Board of Governors,
prescribe a schedule of MCLE fees with the
approval of the Supreme Court.
Sec. 3. Staff of the IBP. The IBP shall employ such
staff as may be necessary to perform the record-
keeping, auditing, reporting, approval and other
necessary functions.
Sec. 4. Submission of annual budget. The IBP shall
submit to the Supreme Court an annual budget for
a subsidy to establish, operate and maintain the
MCLE Program.
This resolution shall take effect in October 2000,
following its publication in two (2) newspaper of
general circulation in the Philippines.
2008 Page 67 of 74

Adopted this 22nd day of August, 2000.
CIRCULAR NO. 28-91
TO: THE INTEGRATED BAR OF THE
PHILIPPINES, ALL OTHER BAR
ASSOCIATIONS, THE OFFICE OF THE
SOLICITOR GENERAL AND THE DEPARTMENT
OF JUSTICE
SUBJECT: ADDITIONAL REQUISITES FOR
PETITIONS FILED WITH THE SUPREME COURT
AND THE COURT OF APPEALS TO PREVENT
FORUM SHOPPING OR MULTIPLE FILING OF
PETITIONS AND COMPLAINTS
The attention of the Court has been called to the
filing of multiple petitions and complaints involving
the same issues in the Supreme Court, the Court of
Appeals or different Divisions thereof, or any other
tribunal or agency, with the result that said
tribunals or agency have resolve the same issues.
To avoid the foregoing, every petition or complaint
filed with the Supreme Court, the Court of Appeals,
or different Divisions thereof, or any other tribunal
or agency, shall comply with the following
requirements, aside from pertinent provisions of
the Rules of Court and existing circulars:
1. Caption of petition or complaint. the caption of
the petition or complaint must include the docket
number of the case in the lower court of quasi-
judicial agency whose order or judgment is sought
to be reviewed.
2. Certification. the party must certify under oath
that he has not commenced any other action or
proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or different
Divisions thereof, or any other tribunal or agency,
and that to the best of his knowledge, no such
action or proceeding is pending in the Supreme
Court, the Court of Appeals, or different Divisions
thereof, or any other tribunal or agency. If there is
any other action pending, he must state the status
of the same. If he should learn that a similar action
or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or
different Divisions thereof, or any other tribunal or
agency, he should notify the court, tribunal or
agency within five (5) days from such notice.
3. Penalties.
(a) Any violation of this Circular shall
be a cause for the summary dismissal
of the, multiple petition or complaint;
(b) Any willful and deliberate forum
shopping by any party and his lawyer
with the filing of multiple petitioners or
complaints to ensure favorable action
shall constitute direct contempt of
court.
(c) The submission of a false
certification under Par. 2 of the Circular
shall likewise constitute contempt of
Court, without prejudice to the filing of
criminal action against the guilty party.
The lawyer may also be subjected to
disciplinary proceedings.
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4. Effectivity Date- This Circular shall take effect on
January 1, 1992.
September 4, 1991.
(Sgd.) MARCELO B. FERNAN
Chief Justice
P.D. 1829. (1981)
PENALIZING OBSTRUCTION OF APPREHENSION
AND PROSECUTION OF CRIMINAL OFFENDERS
WHEREAS, crime and violence continue to
proliferate despite the sustained vigorous efforts of
the government to effectively contain them;
WHEREAS, to discourage public indifference or
apathy towards the apprehension and prosecution
of criminal offenders, it is necessary to penalize
acts which obstruct or frustrate or tend to obstruct
or frustrate the successful apprehension and
prosecution of criminal offenders;
NOW, THEREFORE, I, FERDINAND, E. MARCOS,
President of the Philippines, by virtue of the powers
vested in me by law do hereby decree and order
the following:
Section 1. The penalty of prision correccional in its
maximum period, or a fine ranging from 1,000 to
6,000 pesos, or both, shall be imposed upon any
person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension of
suspects and the investigation and prosecution of
criminal cases by committing any of the following
acts:
(a) preventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity of
any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or
threats;
(b) altering, destroying, suppressing or concealing
any paper, record, document, or object, with
intent to impair its verity, authenticity,
legibility, availability, or admissibility as
evidence in any investigation of or official
proceedings in, criminal cases, or to be used in
the investigation of, or official proceedings in,
criminal cases;
(c) harboring or concealing, or facilitating the
escape of, any person he knows, or has
reasonable ground to believe or suspect, has
committed any offense under existing penal
laws in order to prevent his arrest prosecution
and conviction;
(d) publicly using a fictitious name for the purpose
of concealing a crime, evading prosecution or
the execution of a judgment, or concealing his
true name and other personal circumstances
for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by
obstructing the service of process or court
orders or disturbing proceedings in the fiscal's
offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record,
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;
2008 Page 68 of 74

(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.
R.A. 6033 (1969)
AN ACT REQUIRING COURTS TO GIVE
PREFERENCE TO CRIMINAL CASES WHERE
THE PARTY OR PARTIES INVOLVE ARE
INDIGENTS.
Sec. 1. Any provision of existing law to be contrary
notwithstanding and with the exception of habeas
corpus and election cases and cases involving
detention prisoners, and persons covered by
Republic Act Numbered Four thousand nine
hundred eight, all courts shall give preference to
the hearing and/or disposition of criminal cases
where an indigent is involved either as the offended
party or accused. The trial in these cases shall
commence within three days from date of
arraignment and no postponement of the hearings
shall be granted except on the ground of illness of
the accused or other similar justifiable grounds.
City and provincial fiscals and courts shall forthwith
conduct the preliminary investigation of a criminal
case involving an indigent within three days after
its filing and shall terminate the same within two
weeks.
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Sec. 2. As used in this Act, the term "indigent"
shall refer to a person who has no visible means of
income or whose income is insufficient for the
subsistence of his family, to be determined by the
fiscal or judge, taking into account the members of
his family dependent upon him for subsistence.
Sec. 3. An indigent who is the offended party,
respondent or an accused in a criminal case and
who desires to avail of the preference granted
under this Act shall file a sworn statement of the
fact of his being indigent and the said sworn
statement shall be sufficient basis for the court or
fiscal to give preference to the trial and disposition
of such criminal case.
Sec. 4. Any willful or malicious refusal on the part
of any fiscal or judge to carry out the provisions of
this Act shall constitute sufficient ground for
disciplinary action which may include suspension or
removal.
Sec. 5. This Act shall take effect upon its approval.
Approved: August 4, 1969
RA 6034 (1969)
AN ACT PROVIDING TRANSPORTATION AND
OTHER ALLOWANCES FOR INDIGENT
LITIGANTS.
Sec. 1. Any provision of existing law to the
contrary notwithstanding, any indigent litigant
may, upon motion, ask the Court for adequate
travel allowance to enable him and his indigent
witnesses to attendant the hearing of a criminal
case commenced by his complaint or filed against
him. The allowance shall cover actual
transportation expenses by the cheapest means
from his place of residence to the court and back.
When the hearing of the case requires the presence
of the indigent litigant and/or his indigent
witnesses in court the whole day or for two or more
consecutive days, allowances may, in the discretion
of the Court, also cover reasonable expenses for
meal and lodging.
For the purpose of this Act, indigent litigants shall
include anyone who has no visible means of income
or whose income is insufficient for his family as
determined by the Court under Section 2, hereof.
Sec. 2. If the court determines that the petition for
transportation allowance is meritorious, said court
shall immediately issue an order directing the
provincial, city or municipal treasurer to pay the
indigent litigant the travel allowance out of any
funds in his possession and proceed without delay
to the trial of the case. The provincial, city or
municipal treasurer shall hold any such payments
as cash items until reimbursed by the national
government.
Sec. 3. All payments of travel allowances made by
provincial, city and municipal treasurer under this
Act as of October 31 each year, shall be
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 LEGAL ETHICS

transmitted to the Commissioner of the Budget not
later than November 30 each year for inclusion in
the annual General Appropriations Act. The
necessary sum is hereby authorized to be
appropriated out of the funds in the National
Treasury not otherwise appropriated.
Sec. 4. This Act shall take effect upon its approval.
Approved: August 4, 1969
have pending cases in any fiscal office, court, or
quasi-judicial body or administrative tribunal.
Sec. 5. The Department of Justice shall prescribe
such rules and regulations as may be necessary to
carry out the purposes of this Act, and the
Department Head concerned shall provide the
necessary supplies and authorize the use of
government equipment by the stenographers
concerned.

Sec. 6. This Act shall take effect upon its approval.

Approved: August 4, 1969.

RA 6035 (1969)

P.D. 543 (1974)

AN ACT REQUIRING STENOGRAPHERS TO
GIVE FREE TRANSCRIPT OF NOTES TO
INDIGENT AND LOW INCOME LITIGANTS AND
PROVIDING A PENALTY FOR THE VIOLATION AUTHORIZING THE DESIGNATION OF
THEREOF. MUNICIPAL JUDGES AND LAWYERS IN ANY
BRANCH OF THE GOVERNMENT SERVICE TO
Sec. 1. A stenographer who has attended a hearing ACT AS COUNSEL DE OFICIO FOR THE
before an investigating fiscal or trial judge or ACCUSED WHO ARE INDIGENT IN PLACES
hearing commissioner of any quasi-judicial body or WHERE THERE ARE NO AVAILABLE
administrative tribunal and has officially taken PRACTICING ATTORNEYS
notes of the proceeding thereof shall, upon written
WHEREAS, under existing law, Municipal Judges
request of an indigent or low income litigant, his
and other lawyers in the government service are
counsel or duly authorized representative in the
prohibited from practicing law;
case concerned, give within a reasonable period to
WHEREAS, there are some places where there are
be determined by the fiscal, judge, commissioner
no available legal practitioners, as a result of which
or tribunal hearing the case, a free certified
the trial of cases in court is delayed to the
transcript of notes take by him on the case.
prejudice particularly of detention prisoners;
WHEREAS, for the protection of the rights of the
Sec. 2. A litigant who desires to avail himself of the
accused who cannot afford to hire lawyers from
privilege granted under Section one hereof shall, at
other places and to prevent miscarriage of justice,
the investigation, hearing, or trial, establish his
it is necessary that they be provided with counsel;
status as an indigent or low income litigant and the
investigating fiscal or judge or commissioner or
NOW, THEREFORE, I, FERDINAND E. MARCOS,
tribunal hearing the case shall resolve the same in
President of the Philippines, by virtue of the powers
the same proceeding.
in me vested by the Constitution as commander-in-
For the purpose of this Act, an "indigent or low
Chief of the Armed Forces of the Philippines, and
income litigant" shall include anyone who has no
pursuant to Proclamation No. 1081, dated
visible means of support or whose income does not
September 21, 1972, and General Order No. 1,
exceed P300 per month or whose income even in
dated September 22, 1972, as amended, do hereby
excess of P300 per month is insufficient for the
order and decree as follows:
subsistence of his family, which fact shall be
determined by the investigating fiscal or trial judge
Sec. 1. Designation of Municipal Judges and
or commissioner or tribunal hearing the case taking
lawyers in any branch of the government service,
into account the number of the members of his
as counsel de oficio. In places where there are no
family dependent upon him for subsistence.
available practicing lawyers, the District Judge or
Circuit Criminal Court Judge shall designate a
Sec. 3. Any stenographer who, after due hearing in
municipal judge or a lawyer employed in any
accordance with the pertinent provisions of R.A.
branch, subdivision or instrumentality of the
2260, as amended, has been found to have
government within the province, as counsel de
violated the provisions of Section one of this Act or
oficio for an indigent person who is facing a
has unreasonable delayed the giving of a free
criminal charge before his court, and the services
certified transcript of notes to an indigent or low
of such counsel de oficio shall be duly compensated
income litigant shall be subject to the following
by the Government in accordance with Section
disciplinary actions:
thirty-two, Rule One Hundred Thirty Eight of the
b. suspension from office for a period not
Rules of Court.
exceeding thirty (30) days upon finding of guilt
If the criminal case wherein the services of a
for the first time;
counsel de oficio are needed is pending before a
c. (b) suspension from office for not less than
City or municipal court, the city or municipal judge
thirty (30) days and not more than sixty (60)
concerned shall immediately recommend to the
days upon finding of guilt for the second time;
nearest District Judge the appointment of a counsel
and
de oficio, and the District Judge shall forthwith
d. removal from office upon finding of guilt for the
appoint one in accordance with the preceding
third time.
paragraph.
For purposes of this Decree an indigent person is
Sec. 4. This Act shall apply to all indigent or low
anyone who has no visible means of support or
income litigants who, at the time of its approval,

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whose income does not exceed P300 per month or
whose income even in excess of P300 is insufficient
for the subsistence of his family, which fact shall be
determined by the Judge in whose court the case is
pending, taking into account the number of the
members of his family dependent upon him for
subsistence.
Sec. 2. Repealing Clause. All laws and decrees
inconsistent with this Decree are hereby repealed.
Section 3. Effectivity. This Decree shall take effect
immediately.
DONE in the City of Manila, this 21st day of August,
in the year of Our Lord, nineteen hundred and
seventy-four.
GLOSSARY OF TERMS
ADMONITION
A form of disciplinary measure which
consists of a gentle or friendly reproof, mild
rebuke, warning or reminder, counseling, on a
fault, error or oversight; an expression of
authoritative advice.
AMBULANCE CHASER
A lawyer who haunts hospitals and visits
the homes of the afflicted, officiously intruding their
presence and persistently offering his service on
the basis of a contingent.
AMBULANCE CHASING
A lawyers act of chasing the victims of an
accident for the purpose of talking to the same
victim or the latters relatives and offering his legal
services for the filing of the case against the person
who caused the accident. (1993 BAR EXAMS)
AMICUS CURIAE
(Plural: Amici Curiae)
An experienced and impartial attorney
invited by the court to appear and help in the
disposition of the issues submitted to it. It implies
friendly intervention of counsel to call the attention
of the court to some matters of law or fact which
might otherwise escape its notice and in regard to
which it might go wrong.
An amicus curiae appears in court not to
represent any particular party but only to assist the
court. (1993, 1996, 1998 BAR EXAMS)
AMICUS CURIAE PAR EXCELLENCE
Bar associations who appear in court as
amici curiae or friends of the court. Acts merely as
a consultant to guide the court in a doubtful
question or issue pending before it.
APPEARANCE
The coming into court as a party either as a
plaintiff or as a defendant and asking relief
therefrom.
a) GENERAL APPEARANCE
When the party comes to court either as a
plaintiff or as a defendant and seeks general
reliefs from the court for satisfaction of his
claims or counterclaims respectively.
b) SPECIAL APPEARANCE
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LEGAL ETHICS
When a defendant appears in court solely
for the purpose of objecting to the
jurisdiction of the court over his person. The
aim is simply the dismissal of the case on the
ground of lack of jurisdiction. If the
defendant seeks other reliefs, the
appearance, even if qualified by the word
special, is equivalent to a general
appearance.
ATTORNEY AD HOC
A person named appointed by the court to
defend an absentee defendant in the suit in which
the appointment is made.
ATTORNEY-AT-LAW
That class of persons who are licensed
officers of the courts empowered to appear,
prosecute and defend, and upon whom peculiar
duties, responsibilities and liabilities are developed
by law as a consequence.
ATTORNEY IN FACT
He is simply an agent whose authority is
strictly limited by the instrument appointing him.
His authority is provided in a special power of
attorney or general power of attorney or letter of
attorney. He is not necessarily a lawyer.
ATTORNEY OF RECORD
The attorney whose name is entered in the
records of an action or suit as the lawyer of a
designated party thereto. (1999 BAR EXAMS)
ATTORNEYS FEES
a) Ordinary: an attorneys fee is the
reasonable compensation paid to a lawyer
for the legal services he has rendered to
client. Basis is employment by client
b) Extraordinary: an attorneys fee is an
indemnity for damages ordered by court to
be paid by losing party to the prevailing
party in litigation; payable not to lawyer
but to the client, unless otherwise agreed
upon; also known as attorneys fee as
damages
BAR AND BENCH
Bar refers to the whole body of attorneys
and counselors collectively, the members of the
legal profession.
Bench denotes the whole body of judges.
BAR ASSOCIATION
An association of members of the legal
profession like the IBP where membership is
integrated or compulsory.
BARRATRY
Offense of frequently inciting and stirring
up quarrels and suits. The lawyers acts of
fomenting suits among individuals and offering
legal services to one of them. (1993 BAR EXAMS)
CENSURE
Official reprimand
CHAMPERTOUS CONTRACT
One where the lawyer agrees to conduct
the litigation on his own account and to pay the
expenses thereof, and to receive as his fee a
portion of the proceeds of the judgment. It is
contrary to public policy and invalid because it
2008 Page 71 of 74

violates the fiduciary relationship between the
lawyer and his client. (Bautista vs. Gonzales, 182
SCRA 151, 1990) (1990, 2000 BAR EXAMS)
CHAMPERTY
A bargain by a stranger (the lawyer) with
a party to a suit (the client) by which such third
person undertakes to carry on the litigation at his
own expense and risk, in consideration of receiving,
if successful, a part of the proceeds or subject
sought to be recovered.
CHARGING LIEN
It is an equitable right to have the fees and
lawful disbursements due a lawyer for his services
in a suit secured to him out of the judgment for the
payment of money and execution issued in
pursuance thereof in the particular suit. (1994
BAR EXAMS)
CLIENT
One who engages the services of a lawyer
for legal advice or for purposes of prosecuting or
defending a suit in his behalf and usually for a fee.
COMPETENCE
Sufficiency of lawyers qualifications to deal
with the matter in question and includes knowledge
and skill and the ability to use them effectively in
the interest of the client.
CONFIDENTIAL COMMUNICATION
Refers to information transmitted by
voluntary act of disclosure between attorney and
client in confidence and by means which so far as
the client is aware, discloses the information to no
third person other than one reasonably necessary
for the transmission of the information or the
accomplishment of the purpose for which it was
given.
CONTINGENT FEE
Fee that is conditioned on the securing of a
favorable judgment and recovery of money or
property and the amount of which may be on a
percentage basis
CONTINGENT FEE CONTRACT
It is an agreement in which the lawyers
fee, usually a fixed percentage of what may be
recovered in the action, is made to depend upon
the success in the effort to enforce or defend the
clients right. It is a valid agreement. It is different
from a champertous contract in that the lawyer
does not undertake to shoulder the expenses of the
litigation. (1990, 2000, 2002 BAR EXAMS)
COUNSEL/ATTORNEY DE OFICIO
An attorney appointed by the court to
defend an indigent defendant in a criminal action.
In a criminal action, if the defendant
appears without an attorney, he must be informed
by the court that it is his right to have an attorney
before being arraigned and must be asked if he
desires the aid of an attorney. If he desires and is
unable to employ an attorney, the court must
assign a counsel de oficio to defend him. He is also
designated as counsel of indigent litigants. The
appointment of a counsel de oficio in that instance
is a matter of right on the part of the defendant.
On appeal in a criminal case, the appellate
court must also appoint a counsel de oficio if, as
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LEGAL ETHICS
shown by the certificate of the clerk of court of the
trial court, a defendant is
(a) confined in prison
(b) without means to employ an attorney
(c) desires to be defended de oficio
COURT
A board or other tribunal which decides a
litigation or contest
DE FACTO JUDGE
An officer who is not fully invested with all
the powers and duties conceded to judges, but
exercising the office of a judge under some color of
right
DE JURE JUDGE
One who is exercising the office of a judge
as a matter of right; an officer of a court who has
been duly and legally appointed
DILIGENCE
It is the attention and care required of a
person in a given situation and is the opposite of
negligence (Edquibal vs. Ferrer, 450 SCRA
406)
DIRECT CONTEMPT
Consists of misbehavior in the presence of
or near a court or judge as to interrupt or obstruct
the proceedings before the court or the
administration of justice.
DISBARMENT
It is the act of the Philippine Supreme
Court in withdrawing from an attorney the right to
practice law. The name of the lawyer is stricken out
from the roll of attorneys.
DISHONEST ACT
It is an act of lying or cheating (Agpalo)
EXECUTIVE JUDGE
Refers to the Executive Judge of the
Regional Trial Court of a city or province who issues
a notarial commission. (2004 Rules on Notarial
Practice)
FIDUCIARY DUTY
The principle that an attorney derives no
undue advantage that may operate to the prejudice
or cause an occasion for loss of a client.
FIXED OR ABSOLUTE FEE
Payable regardless of the result of the case.
FORUM SHOPPING
The act of filing repetitious suits in different
courts. It is committed through the following:
1) Going from one court to another in the
hope of securing a favorable relief in one
court, which another court has denied.
2) Filing repetitious suits or proceedings in
different courts concerning the same
subject matter after one court has decided
the suit with finality.
3) Filing a similar case in a judicial court after
receiving an unfavorable judgment from an
administrative tribunal.
(1991, 1997, 1998, 2002 BAR EXAMS)
GOOD MORAL CHARACTER
It is the absence of a proven conduct or act
which has been historically and traditionally
2008 Page 72 of 74

considered as a manifestation of moral turpitude.
The act or conduct showing moral turpitude need
not amount to a crime; and even if it does
constitute an offense, a conviction upon a criminal
charge is not necessary to demonstrate bad moral
character although it may show moral depravity.
GOOD REPUTATION
It is the opinion generally entertained of a
person, the estimate in which he is held by the
public in the place where he is known (subjective).
GROSS IMMORALITY
A grossly immoral act is one that is so
corrupt and false as to constitute a criminal act or
so unprincipled or disgraceful as to be
reprehensible to a high degree.
HOUSE COUNSEL (or IN-HOUSE COUNSEL)
One who acts as attorney for business
though carried as an employee of that business and
not as an independent lawyer
IMMORAL OR DECEITFUL CONDUCT
That which is willful, flagrant or shameless
and which shows a moral indifference to the
opinion of the good and respectable members of
the community.
INDIRECT OR CONSTRUCTIVE CONTEMPT
One committed away from the court
involving disobedience of or resistance to a lawful
writ, process, order, judgment or command of the
court, tending to belittle, degrade, obstruct,
interrupt or embarrass the court.
c) CIVIL CONTEMPT
Failure to do something ordered by
the court which is for the benefit of the
party.
d) CRIMINAL CONTEMPT
Consists of any conduct directed
against the authority or dignity of the
court.
JUDGE
A public officer who, by virtue of his office,
is clothed with judicial authority
JUDICIAL ETHICS
It is the branch of moral science which
treats of the right and proper conduct to be
observed by all judges and magistrates in trying
and deciding controversies brought to them by
adjudication which conduct must be demonstrative
of impartiality, integrity, competence,
independence, and freedom from improprieties.
LAWYER
The general term for a person trained in
the law and authorized to advice and represent
others in legal matters.
One who:
a) passed the bar exams
b) registered in the roll of attorneys
c) received a certificate of license to practice
law from the Clerk of Court of the
Supreme Court
d) taken an oath.
LEAD COUNSEL
The counsel on either side of a litigated
action who is charged with the principal
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LEGAL ETHICS
management and direction of a partys case as
distinguished from his juniors or subordinates.
LEGAL ETHICS
Legal Ethics denotes that body of principles
by which the conduct of members of the legal
profession is controlled.
It is that branch of moral science which
treats of the duties which an attorney at law owes
to his clients, to the courts, to the bar and to the
public. [G.A. Malcolm, Legal and Judicial
Ethics 8 (1949)].
MAINTENANCE
Consists in maintaining, supporting or
promoting the litigation of another.
MORAL CHARACTER
It is what a person really is (corresponds to
objective reality). It exhibits qualities of truth-
speaking, a high sense of honor, full candor,
intellectual honesty, and the strictest observance of
fiduciary responsibility (Justice Felix Frankfurter)
MORAL TURPITUDE
It means anything which is done contrary
to justice, honesty, modesty or good morals, or to
any act of vileness, baseness or depravity in the
private and social duties that a man owes his
fellowmen or to society, contrary to the accepted
rule of right and duty between man and man.
NOTARY and NOTARY PUBLIC
Refer to any person commissioned to
perform official acts under these Rules. (2004
Rules on Notarial Practice)
OF COUNSEL
An experienced lawyer, usually a retired
member of the judiciary, employed by law firms as
consultants. (supplemented by San Beda Reviewer
2006)
PLEA OF GUILTY
An admission by the accused of his guilt of
a crime as charged in the information and of the
truth of the facts alleged, including the qualifying
and aggravating circumstances.
PRACTICE OF LAW
Any activity, in or out of court, which
requires the application of law, legal procedures,
knowledge, training and experience. (Ulep v
Legal Clinic, Inc (1993)
PRACTICING LAWYER
One engaged in the practice of law who by
license are officers of the court and who are
empowered to appear, prosecute and defend a
clients cause.
PRO SE
An appearance by a lawyer in his own
behalf. (1995 BAR EXAMS)
QUANTUM MERUIT (as much as he deserves)
Its essential requisite is acceptance of the benefits
by one sought to be charged for services rendered
under circumstances as reasonably to notify him
that lawyer expects compensation.
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 LEGAL ETHICS

Doctrine of quantum meruit is a device to TRIAL LAWYER

prevent undue enrichment based on the equitable
postulate that it is unjust for a person to retain
benefit without paying for it.
REINSTATEMENT
It is the restoration in disbarment
proceedings to a disbarred lawyer the privilege to
practice law.
REPRIMAND
A form of disciplinary measure which
consists of a public and formal censure or severe
reproof, administered to a person in fault by his
superior officer or a body to which he belongs.
One who personally handles cases in courts
and administrative agencies of boards which means
engaging in actual trial work, either for the
prosecution or for the defense of cases of clients.
(supplemented by San Beda Reviewer 2006)
WARNING
A form of disciplinary measure which
consists of an act or fact of putting one on his
guard against an impending danger, evil
consequences or penalties.

RES IPSA LOQUITUR (the thing speaks for itself)

This principle or doctrine applies to both
judges and lawyers. Judges had been dismissed
from the service without the need for a formal
investigation because based on the records, the
gross misconduct or inefficiency of the judges
clearly appears. (Uy vs. Mercado, 154 SCRA
567)

RETAINER (embraces two concepts)

(1) an act of client by which he engages services of
an attorney to render legal advice, defend or
prosecute his cause in court;
(2) fee which a client pays to an attorney when
latter is retained (retaining fee)

a) GENERAL RETAINER
Fee paid to a lawyer to secure his future
services as general counsel for any ordinary
legal problem that may arise in the routinary
business of the client and referred to him for
legal action. This could be paid monthly or
annually, depending on lawyer-client
arrangement. This is considered as
compensation for lost opportunity.
b)SPECIAL RETAINER
Fee which client will pay to his lawyer for a
specific matter (case/service), possibly in
addition to a general retainer.

RETAINING FEE (same as retainer)

Preliminary fee paid to insure and secure
future services, to remunerate him for being
deprived, by being retained by one party. It
prevents undue hardship resulting from the rigid
observance of the rule forbidding him from acting
as counsel for other party

RETAINING LIEN
A right merely to retain the funds,
documents, and papers as against the client until
the attorney is fully paid his fees and to apply such
funds to the satisfaction. (1995, 2000 BAR
EXAMS)

SUSPENSION
A form of disciplinary measure which
consists of a temporary withholding of a lawyers
right to practice his profession as a lawyer for a
certain period or for an indefinite period of time.
a) DEFINITE

B) INDEFINITE -qualified disbarment;

lawyer determines for himself for how long or
how short his suspension shall last by proving
to court that he is once again fit to resume
practice of law.

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