CANON 11 - A LAWYER SHALL OBSERVE

AND MAINTAIN THE RESPECT DUE TO THE

COURTS AND TO 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.
>>>>>>
CANON 11 - A LAWYER SHALL OBSERVE
AND MAINTAIN THE RESPECT DUE TO THE
COURTS AND TO JUDICIAL OFFICERS AND
SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.
***Lawyers first duty Is to the courts he is an
officer of the court.
*Public duty of attorney takes precedence over
his private duties
*should not promote distrust in the
administration of justice
Respect (actions/language) to courts include:
Respect towards: Justices and Judges, other
officers of the court like Clerks of court, Sheriffs
Highest sign of respect to courts lawyers
obedience to court orders and processes.
Freedom of speech and expression is not
absolute; needs to be tempered with the
requirements of public interest; and one of the
fundamental interests is the maintenance of the
integrity & orderly functioning of the
administration of justice -> it then would seem
that a lawyers freedom of expression is more
limited than that of a layman
*Criticism of the court must not spill the wall of
decency
Rule 11.01 - A lawyer shall appear in court
properly attired.

To maintain dignity and respectability of

legal profession

Traditional; men long sleeve barong tagalog,

and coat and tie; women semi-formal; judges
black robe
A lawyer may NOT wear outlandish or colorful
clothing to court. Consequently, the court can
hold a lawyer IN CONTEMPT of court if he does
not appear in proper attire. Any deviation from
the commonly accepted norm of dressing in
court (barong or tie, not both) is enough to
warrant a citing for contempt.
Rule 11.02 - A lawyer shall punctually
appear at court hearings.
Attorneys oath he shall delay no man for
money or malice
*It is the duty of a lawyer to his clients, to courts
and to public to be punctual in attendance; and
to be concise and direct in the trial and
disposition of cases (Canon 2)
*appear on dates of hearing; reset dates
Failure to appear in pre-trial conference -> may
result in the non-suit or dismissal of complaint
for failure to prosecute or in the declaration of
the defendant in default.
*Counsel may even be held in contempt of court
for coming late in the hearing or trial .. or for
failing to appear in trial
Lack of punctuality interferes in the speedy
administration of justice (Both lawyer and judge
are duty-bound)
Judge who is unpunctual -> sets a bad example
to the bar & tends to create dissatisfaction w/
the administration of justice
Rule 11.03 - A lawyer shall abstain from
scandalous, offensive or menacing
language or behavior before the Courts.
*Lawyers language should be dignified. (Rule
8.01); but Rule 11.03 specified the courts
Lawyers argument (written or oral) should be
gracious to both courts and opposing counsel
Raising ones voice -> sign of disrespect
Rule 11.04 - A lawyer shall not attribute to
a Judge motives not supported by the
record or have no materiality to the case.

*Lawyer can demand that the misbehavior of a

judge be placed on record -> this act is not
contemptuous (there are times the judge
misbehaves in a court proceeding)
*While lawyers are prohibited to attribute
motives to a judge not supported by the record,
Lawyers must however be courageous enough to
expose arbitrariness and Injustices of courts and
Judges
Eternal vigilance is the price of democracy and
liberty
Rule 11.05 - A lawyer shall submit
grievances against a Judge to the proper
authorities only.
Rule 139-B (Rules of Court) effective June 1,
1988: coverage (Justices and Judges
excluded) "The IBP Board of Governors
may, motu proprio or upon referral by the
Supreme Court or by a Chapter Board of Officers,
or at the instance of any person, initiate and
prosecute proper charges against erring
attorneys including those in the government
service." (Rule 139-B, Sec 1, Par2)
So, if Judges and Justices:
To SC through OCA (office of Court
Adminsitrator) if case is administrative in
nature
Office of Ombudsman : if complaint is
criminal and not purely administrative in
nature
***But criminal complaints against Judges in
connection with their duties SC, not
Ombudsman
Ex: alleged falsification of Judges certification
submitted to SC
Complaints should not be coursed to the media,
military, President, et w/c are not the proper
forums to investigate judges and magistrates
Grievances against Justices of the SC -> if
complaints are based on impeachable offenses :
must be coursed through the House of
Representatives & Senate in accordance with the
Rules on Impeachment

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
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 a 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.
Rule 12.08 - A lawyer shall avoid testifying in
behalf of his client, except:
(a) on formal matters, such as the mailing,
authentication or custody of an instrument, and
the like; or
(b) on substantial matters, in cases where his
testimony is essential to the ends of justice, in
which event he must, during his testimony,
entrust the trial of the case to another counsel.
>>>>>>
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO
ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
This canon directs lawyers to exert every effort &
to consider it his duty to assist in the Speedy &
efficient administration of justice
Speedy & efficient administration of justice
common aim of the bench and the bar ; also

mandated by the constitution ; is a joint

responsibility of the judges and the lawyers

Rule 12.02 - A lawyer shall not file multiple

actions arising from the same cause.

Other govt officials like the police, prosecutors,

even witnesses have the responsibility to
cooperate and coordinate w/ judicial officers

Duplication or multiplication of suits - to be

avoided; must not file action w/c is the subject of
a similar pending action.

Acts w/c obstructs in administration of justice ->

condemned

Forum-shopping when he does not obtain the

order he needs; refiles in another sala for hopes
another judge will grant it contemptuous
behavior of lawyer

Ex:
-Instructing a witness not to appear in scheduled
hearing, so case against accused would be
dismissed
-Asking client to plead guilty to crime he knows
hs client did not commit
-Advising a detainee client to escape from prison
-Filing multiple petitions for a cause previously
rejected in the false expectation of getting
favorable action
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.
Lawyer must be ready when he goes to trial.
-must have collated every piece of evidence
essential to establish his case & demolish
pretenses of opponents theory
Newly hired counsel - - - obliged to acquaint
himself with all antecedent processes &
proceedings that have transpired in the record
prior to his takeover.
When presenting documentary exhibits, he must
be also ready w/the originals for the purposes of
comparison with copies to avoid objections
w/c delay proceedings
Half of the work of lawyer is done in his office
(spent in study & research)
Attorney should be careful in his preparations of
pleadings- so the least doubt as to his
intellectual honesty cannot be entertained
12.01 and 18.02 similar lawyer shall not handle
legal matters w/o adequate preparation

Includes;
-filing petitions for writs of certiorari, mandamus
and prohibition when there are similar petitions
already filed or pending
Interim or Transitional Rules and Guidelines
implementation of the judiciary reorganization
act of 1981 (BP 129)

"17. Petitions for writs of certiorari, etc. No

petition for certiorari, mandamus, prohibition,
habeas corpus or quo warranto may be filed in
the Intermediate Appellate Court if another
similar position has been filed or is still pending
in the Supreme Court. Nor may such petition be
filed in the Supreme Court if a similar petition
has been filed or is still pending in the
Intermediate Appellate Court, unless it be to
review the action taken by the Intermediate
Appellate Court on the petition filed with it. A
violation of this rule shall constitute contempt of
court and shall be a cause for the summary
dismissal of both petitions, without prejudice to
the taking of appropriate action against the
counsel or party concerned."
*A lawyer must not abuse his right of recourse to
the courts avoid adding to already clogged
dockets of courts it will also cause
inconvenience and expenses to own client who is
obliged to defend self against every move
Dilatory tactics to prolong litigation
unnecessarily flagrant misuse of remedy of
certiorari w/c should only be resorted to in case
of lack of jurisdiction
*Lawyer has the duty to disclose the prior
dismissal of his case by a court of concurrent
jurisdiction
Rule 12.03 - A lawyer shall not, after

obtaining extensions of time to file

pleadings, memoranda or briefs, let the
period lapse without submitting the same
or offering an explanation for his failure to
do so.
-must comply with the period granted
If extended period lapsed should inform the
court by filing a Manifestation w/an explanation
of reason
~Repeated extensions to file pleading then
letting period lapse w/o submitting pleading or
explanation or manifestation for failure to do so

Rule 10.01 - A lawyer shall not do any falsehood,

nor consent to the doing of any in Court (same
as stated in Lawyers oath)
Criminal liability of witness RPC:
Art. 180. False testimony against a defendant.
Art. 181. False testimony favorable to the
defendants.
Art. 182. False testimony in civil cases.
Art. 183. False testimony in other cases and
perjury in solemn affirmation.
Art. 184. Offering false testimony in evidence.
A lawyer who is guilty of the above is liable both:
criminally and administratively

Rule 12.04 - A lawyer shall not unduly delay

a case, impede the execution of a judgment
or misuse Court processes.

Rule 12.07 - A lawyer shall not abuse,

browbeat or harass a witness nor
needlessly inconvenience him.

Rule 1.03 - A lawyer shall not, for any corrupt

motive or interest, encourage any suit or
proceeding or delay any man's cause.

Improper conduct of lawyer towards witness:

-frighten or shout at witness
-terrorize or tear them down arrogantly
-cross-examine with incessant questions beyond
what is fair & necessary
-maligning or abusing w/similar acts

Rule 10.03 - A lawyer shall observe the rules of

procedure and shall not misuse them to defeat
the ends of justice.
*Judge should be quick enough to prevent a
lawyer from resorting to dilatory tactics
Rule 12.05 - A lawyer shall refrain from
talking to his witness during a break or
recess in the trial, while the witness is still
under examination.
Coaching a witness during break/recess
condemned
To prevent lawyer from coaching/teaching
witness to answer in a certain way or to
rectify statements damaging to his cause
at the resumption of the trial
To uphold and maintain fair play w/ the
other party
Rule 10.01 - A lawyer shall not do any falsehood,
nor consent to the doing of any in Court (same
as stated in Lawyers oath)

Rule 12.06 - A lawyer shall not knowingly

assist a witness to misrepresent himself or
to impersonate another.

Rule 132 (RRC) Section 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:
(1) To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting
demeanor;
(2) Not to be detained longer than the interests
of justice require;
(3) Not to be examined except only as to matters
pertinent to the issue;
(4) Not to give an answer which will tend to
subject him to a penalty for an offense unless
otherwise provided by law; or
(5) Not to give an answer which will tend to
degrade his reputation, unless it to be 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 final conviction
for an offense. (3a, 19a)
*Lawyers should treat witness with fairness
Rule 12.08 - A lawyer shall avoid testifying
in behalf of his client, except:

(a) on formal matters, such as the mailing,

authentication or custody of an instrument,
and the like; or
(b) on substantial matters, in cases where
his testimony is essential to the ends of
justice, in which event he must, during his
testimony, entrust the trial of the case to
another counsel.
Rationale of the Rule
The function of a witness is to tell the facts as he
recalls them 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.
Inhibition -> a question of propriety
When testifying in behalf of client -> lawyer
should entrust the conduct of examination to
another counsel