Chapter VI BAR EXAMINATIONS 1. Nature and extent of bar examinations Bar examinations is required in order to test ones learn: ing and proficiency in law, since these are among the req are ae aes to avid social danger. This i dictated by the demands of public policy. Said examinations are designed to exclude any person whose intelligence, learning, and mental capacity are inadequate to enable him to assume and dis- charge the duties of an attorney. ‘The applicant for bar examinations will have to undergo written examinations in the following subjects: Political Law Labor Law 1 2. 3. Civil Law 4, Taxation Commercial/Mereantile Law 6. Criminal Law 7. Remedial Law 8, Legal Ethics & Practical Exercises ‘The heaviest percentage among these bar subjects is, remedial or procedural law which carries 20%, political law, vil law as well as commercia’mercantile law each carries 7, while labor lav, taxation and criminal has 10% each, Legal Ethies & Practical Exercises has 5%! | Rule 138, Res, Rules of Court 4 AR EXAMINATIONS 5 Applicants who have sufficient qualifications are required to take written examinations held in four days designated by the Chairman, Committee on Bar Examinations. Said exami- nations take place annually in the City of Manila. The sub- jects are distributed as follows: first day, political and interna- tional law (morning), and labor and social legislation (after- noon); second day, civil law (morning), and taxation (after- noon); third day, commercial/mercantile law (morning) and criminal law (afternoon); and fourth day, remedial law (morn- g) and legal ethies and practical exereise (afternoon). ‘The examinee has to obtain an average grade of at least 75% in all subjects, without however failing below 50% in any subject in order for him to pass the bar examinations.* Unlike in other professional examinations, partial passing of the examinations is not allowed in view of the constant develop- ‘ment in laws and jurisprudence. ‘An examinee (candidate) who fails in the bar examina- tions for three times is disqualified from taking another ex: amination, unless he has shown to the satisfaction of the Supreme Court that he has enrolled and passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law school. He must also submit not only a certification under oath by the professors of the individual review subjects attended by him that he has regularly at- tended classes and passed the subjects under the same condi- tions as an ordinary student, but also the rating obtained by him in the particular subject.? 2 The Bar Examination Committee By virtue of its judicial function to admit candidates for admission to the bar, the Supreme Court acts through a Bar Examination Committee. Such committee is composed of a Supreme Court Justice as its chairman, who is designated by the Chief Justice, and eight members of the bar who serve as ‘examiners in the eight subjects with one subject assigned to 1, See. 16, Rule , ev, Rules of Court56 LEGAL PROFESSION each member. ‘The Bar Examination Committee shall serve for one year:* Acting as a liaison between the Supreme Court and the Chairman and the individual members of the commit- tee is the bar confidant whose function is purely ministerial. 8. Duties and functions of the committee Every member of the committee is required to exercise the greatest care and diligence in the performance of his duties. Every act of the committee in connection with the exercise of discretion in the admission of applicants for membership in the bar must always be in accordance with the established rules and subject to the final approval of the Court. ‘The Committee on Bar Examination prepares the ques- tions which are the same for all examinees. It is likewise vested in the office of the committee the correction of the examination papers, give the grades obtained by the exami- nees and submit the corrected papers to the bar confidant. ‘The bar confidant on the other hand tallies the individual grades of the examinee in all subjects, computes the general average and prepares a comparative date showing the per- centage of passing and failing after which he/she shall submit the same to the Bar Examination Committee and to the Court en bane.® Further, the committee is enjoined to take necessary precautions to prevent substitution of papers or the commis- sion of frauds, 4. Conduct of the examinations In the conduct of the bar examinations, the examinee must know that his failure to take any subject will bar him from taking the rest of the examinations. ‘An examinee who has been allowed to take the bar ex- amination is given a Notice of Admission which shalll serve as his pass to the examination compound/room. In entering the examination compound, he is not allowed to bring deadly ce. 12, Rule 198, Rev. Rules of Court, In re Lanuevo, 68 SCRA 245. BAR EXAMINATIONS 7 weapons, cameras, ‘ape recorders, other radio oF stereo equip: ment, communication gadgets or any other clectronie device. Bating and smoking inside the examination area is likewise prohibited. Bringing of papers, books or notes into the examination room is also prohibited. Keeping the examinee’s identity se- cret and thus avoid any influence to bear upon the examiner in the evaluation of his answers is of paramount considera- tion. A name card will be given to him by the proctor or head- wateher which the examinee should accomplish strictly fol- lowing rules, by printing his name, affixing his customary signature, indicating the school where he eame from, and af. fixing his right thumb mark on the space provided therein ‘Thereafter, the examinee shall insert the said name card into an envelop which is attached at the back of the examination notebook, ‘The examinee shall answer the questions in his own hand- writing without help from anyone." Only fountain pens and sign pens in permanent blue, blue-black, or black ink should be used during the examinations. Variations in the color of ink and the style of one’s handwriting should be avoided. While answering the examination, examinees are not allowed to communicate with each other. Upon a verified application made by the ex aminee himself stating that his penmanship is so poor and that it is very difficult to read his answers without much loss of time, the Supreme Co allow said examinee to use a noiseless typewriter in answering the questions. In correcting a mistake, the examinee is directed to sim- ply draw a line across the word or words he wants to change. Any other form of erasures or tearing off of any page of the examination booklet as well as writing the name of the exami- nee or making unnecessary marking or impression may be construed as a means of identifying his booklet. This may be ground for disqualification ‘The examinee shall not influence any member of the Committee on Bar Examinations. To further protect the integ- ‘See. 10, Rule 138, Rev. Rules of Court, 1dLRGAL PROFESSION rity of the examinations and to avoid undue influence or pres: sure, the identity of the examiners are usually not being di- vulge pending the release of the examination results, ‘Any candidate who violates any of the rules concerning the conduct of the examinations will be barred from taking the examination and the same shall be counted as a failure against him. The Court may also, in its diseretion, impose a more severe penalty like permanent disqualification from tak- ing the bar examination depending upon the circumstances of the case. Coverage of the Bar Examinations ‘The following are the usual coverage of the Bar Exami- nations: A. POLITICAL AND PUBLIC INTERNATIONAL LAW a) Constitutional Law b) Political Law ©) Administrative Law (usually excluding the imple- menting rules and regulations) 4) Law on Public Officers ©) Public Corporations including the Local Gov't. Code f) Laws on Suffrage or Blection Laws Public International Law B. LABOR AND SOCIAL LEGISLATION a) Labor Standards b) Labor Relations ©) Social Legislations ©. CIVIL LAW a) Civil Code of the Philippines b) The Family Code of the Philippines BAR BXAMINATIONS ) Property Registration Decree d) Conflict of Laws (Private International Law) TAXATION 4) General Prineiples of Taxation b) National Internal Revenue Code ©) Tariff and Customs Code 4) Republic Act No. U25, Creating the Court of Tax Appeals ©) Provisions of the Local Gov't Code on Taxation MERCANTILE LAW a) Some provisions on Code of Commerce b) Bulk Sales Law ©) Warehouse Receipts Law @) PD. No. 115 on Trust Receipts ©) Negotiable Instruments Law 1) Insurance Code 8) ‘Transportation Laws bh) Corporation Law 1) Chattel Mortgage Law )) Real Estate Mortgage Law k) Law on Intellectual Property 1) Insolveney Law m) Truth in Lending Act CRIMINAL LAW a) The Revised Penal Code (Books I and TI) b) Indeterminate Sentence Law ©) Probation Law 4) Anti-Graft and Corrupt Practices Act|. PROFESSION Bouncing Checks Law £) Dangerous Drugs Act (RA. No, 6425, as amended) h) Heinous Crimes (R.A. No. 7659) G. REMEDIAL LAW a) The Rules of Court b) The 1991 Revised Rules on Summary Procedure ©) Local Government Code on Conciliation Procedures d) The Judiciary Reorganization Act, as amended H. LEGAL ETHICS AND PRACTICAL EXERCISES a) Legal Ethies b) Judicial Ethies ©) Code of Professional Responsibility d) Grievance Procedure (Rule 139-B, Rules of Court) ) Legal Forms 6. Oath and Certificate After the examinee successfully hurdled the bar exami- nation, he will have to take an oath before the Supreme Court en bane. This is the first time and possibly his Inst time to appear before such body since not all lawyers may have the chance to appear again and/or argue before the Supreme Court en bane for obvious reason that not all lawyers engage them- selves in active law practice and if they are, not all cases reach the Supreme Court. Usually, the Court, through the Office of the Bar Confidant designates a particular date and place in which to administer a mass oath taking. If a success- fal examinee fails to attend the mass oath taking, his remedy is to file a potition to take his oath. ‘Thereafter, he will have to sign in the roll of attorneys before he can address himself as an attorney. He also has to pay his IBP membership dues and to pay his professional tax ee BAR EXAMINATIONS st before he can legally practice his profession and/or appear in court, In one case, it was held that the title of “attorney” is reserved to those who, having obtained the necessary degree in the study of law and successfully taken the bar examina- tions, have been admitted to the Integrated Bar of the Phil- pines and remain members thereof in good standing, and it they alone who are authorized to practice law in the Phil- ippines.* "Alawi vs. Alauya, 79 SCAD 859, 268 SCRA 628.Chapter VIL LAW STUDENT’S PRACTICE 1. Conditions Under Rule 138-A, a law student who has successfully completed his 3rd year of the regular four-year prescribed law curriculum and is enrolled in a reeognized law school's clinical legal education program approved by the Supreme Court, may appear without compensation in any civil, eriminal, or admis istrative ease before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school Further, the appearance of the law student under the rule shall be under the direct control and supervision of a member of the Integrated Bar of the Philippines duly acered. ited 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. Based on the foregoing, for a law student to avail of the rales in order to practice law, he must first satisfy all the requirements, as follows: 1. He must have successfully completed his 3rd year of the regular four-year curriculum, That is, he must be at Ieast an incoming fourth year of the regular four-year curriculum. So much so that if he is en- rolled in an executive class where the completion of the entire curriculum takes a period of five (5) years, he is not qualified after completing his third year residency; 2 LAW STUDENTS PRACTICE 6 He must be enrolled in the clinical legal education program as approved by the Supreme Court in a recognized school; 3. His appearance must be pro bono or one without compensation: 4, His clients should be indigents who have been ac cepted by the legal clinic of the law school; 5. His appearance must at all and supervised by a sy aceredited by the law es he accompanied 1g attorney who is ‘hool concerned. It has been held that a law student appearing under Rule 138-A before the Regional Trial Court should at all times be accompanied by a supervising lawyer: ‘The phrase “direct supervision and control” requires no less than the physical presence of the supervising lawyer during the hearing. This is in consonance with the threefold rationale behind the Law Student Practice Rule, to wit: 1, ‘To ensure that there will be no miscarriage of jus: tice as a result of incompetence or inexperience of law students, who, not having as yet passed the test of professional competence, are presumably not fully equipped to act on their own; 2. To provide a mechanism by which the accredited law school clinic may be able to protect itself from any potential vicarious liability arising from some culpable action by their law students; and 'e consistency with the fundamental prine person is allowed to practice a partieu- ion without possessing the qualifications, rly a license, as required by law. ple that The Rule clearly states that the appearance of a law student shall be under the direct control and supervision of a member of the Integrated Bar of the Philippines duly acered- ited by the law school. The rule must be strictly construed because public policy demands that legal work should be en- trusted only to those who possess tested qualifications, areet LEGAL, PROFESSION sworn to observe the rules and ethies of the legal profession, and subject to disciplinary control, however, is different if the law student appears, the issues and procedure are relatively simple. In inferior courts, a law student may appear in his personal capacity without the supervising lawyer. Sec~ tion 34, Rule 138 provides that: “In the court of a justice of the peace, 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 's appearance must be either personal or by a duly author- ized member of the bar. Thus, a law student may appear before an inferior court as an agent or friend of a party with- out the supervision of a member of the bar.” 2. Privileged communication ‘The rules safeguarding privileged communication between attorney and client shall apply to similar communications made to or received by the law students, acting for the legal clinic. 3, Standard of conduct and supervision ‘The law student is required to comply with the stand- ards of professional conduct governing members of the bar. Failure of an attorney to provide adequate supervision of stu- dent practice may he ground for disciplinary action. (Circular No. 19, December 19, 1986). Chapter VIII DUTIES AND PRIVILEGES OF A LAWYER Under Sec, 20 of Rule 138, the allowing are the duties of a lawyer 1. To maintain allegiance to the Republie of the Phil- ippines and to support the Constitution and obey the laws of the Philippines; 2. ‘To observe and maintain the respect due to the courts of justice and judicial officers; 3, To counsel and maintain such actions or proceed- ings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; 4. ‘Toemploy, 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; 5. ‘To maintain inviolate the confidence, and at every effort to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's bu ness except from him or with his knowledge and approval; 6. Te abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by justice of the cause with whieh he is charged; 7. Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man’s cause, from any corrupt motive or interest; 56 LEGAL, PROFESSION 8. Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; 9. _In the defense of a person accused of a erime, by all fair and reasonable 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. 1, The Code of Professional Responsibility Chapter 1 ‘THE LAWYER AND THE SOCIETY CANON 1 — a LAWYER SHALL UPHOLD THE CON- STITUTION, OBRY THE LAWS OF THE LAND AND PRO- MOTE RESPECT FOR LAW AND LEGAL PROCESSES. Rule 1.01 — 4 jawyer shall not engage in unlawful, dis- honest, immoral or deceitful conduct. Rule 1.02 — a lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system Rule 1.03 ~ A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause. Rule 1.04 —A lawyer shall encourage his clients to avoid, end or settle the controversy ifit will admit of a fair settlement. CANON 2 — A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVEN- TENT MANNER COMPATIBLE WITH THE INDEPEND- ENCE, INTEGRITY AND EFFECTIVENESS OF THE PRO- FESSION. Rule 2.01 — a lawyer shall not rejeet, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 — In such a case, even if a lawyer does not accept a ease, he shall not refuse to render legal advice to the DUTIES AND PRIVILEGES OF A LAWYER @r person concerned if only to the extent necessary to safeguard the latter's rights, Rule 2.03 — A lawyer shall not do or permit to be done any act designed primarily to solicit legal business, Rules 2.04 — A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant, 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 qualifi cations or legal services, Rule 3.02 — In the choice of a firm name, no false, mis- leading or assumed name shalll be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communication 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 value to representatives of the mass med or in return for, publicity to attract legal busin CANON 4 — A LAWYER SHALL PARTICIPATE IN THE, DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE, IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE, anything of ticipation of, CANON 6 — A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS.LEGAL PROFESSION AND ASSIST IN DISSEMINATING INFORMATIONS RE- GARDING THE LAW AND JURISPRUDENCE, CANON 6 — THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DIS- CHARGE OF THEIR OFFICIAL TASKS. Rule 6.01 — The primary duty of the lawyer engaged 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 the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his publie duties, after Rule 6.03 — A lawyer shall not ment service, accept engagement or employme: tion with any matter in which he had intervened while in the said service, saving govern- Chapter IT THE LAWYER AND THE LEGAL PROFESSION CANON 7 — A LAWYER SHALL AT ALL ‘TIMES UP- HOLD 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 false statement or suppressing a material fact, in con- nection with his application for admission to the bar. Rule 7.02 — A lawyer shall not support the ap, for admission to the bar of any person known by him to be unqualified in respect to character, education, or other rel- evant attribute. Rule 7.03 — A lawyer shall not engage in any conduct, that adversely reflects on his fitness to practice law, nor shall hhe, whether in public or private life, behave in scandalous manner to the discredit of the legal profession. DUTIES AND PRIVILEGES OF & LAWYER CANON 8 — A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARD HIS, PROFESSIONAL COLLEAGUES, AND SHALL AVOID HAR. ASSING TACTICS AGAINST OPPOSING COUNSEL. Rule 8.01 —A lawyer shall not, in his professional deat- ings, use language which is abusive, offensive or otherwi improper, Rule 8.02 — A lawyer shall not, directly or indivectly 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 oF neglectful counsel 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 unquali fied 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 a person not licensed to practice law, except: fa) Where there is a pre-existing agreement with a part. ner or associate that, upon the latter’s death, money shall be paid over a reasonable period of time to his state or to the persons specified in the agreement; or b) Where a lawyer undertakes to complete unfinished Jegal business of a deceased lawyer; or 6) Where a lawyer or law firm includes non-lawyer em- ployees in a retirement plan, even ifthe plan in whole or in part, on a profit-sharing arrange Chapter I ‘THE LAWYER AND THE COURTS 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 ren- dered 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 proce- dure and shall not misuse them to defeat the ends of justice. CANON 11 — A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD NOT INSIST ON SIMI- LAR CONDUCT BY OTHERS. Rule 11.01 — A lawyer shall appear attired court properly. Rule 11,02 — A lawyer shall punctual hearings. ly appear at court Rule 11.03 — A lawyer shall abst offensive or me in from scandalous, \cing 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 ease. Rule 11.05 — A lawyer shall submit grievances against 1 judge to the proper authorities only. CANON 12 — A LAWYER SHALL EXERT EVERY EF- FORT 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 with the law and the facts of his case, the evidence he will adduce and the order of its preference. He should also be ready with the original docu- ments for comparison with the copies. DUTIES AND PRIVILEGES OF A LAWYER n Rule 12.02 — A lawy arising from the same cause Rule 12.03 — A lawyer shall not, after obtaining exten- sions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an ex- planation for his failure to do so. shall not file multiple actions 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 tatking to his witness during 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 behalt of his client, except: ‘a) on formal matters, such as the mailing, authentica. tion or custody of an instrument, and the like; or b) on substantial matters, in cases where his testi mony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the ease to another counsel CANON 13 — A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IM- PROPRIETY WHICH TENDS 'TO INFLUENCE, OR GIVES HE APPEARANCE OF INFLUENCING THE COURT. Rule 13.01 — A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for, cultivat- ing familiarity with Judges. Rule 13.02 — A lawyer shalll not make publie statements in the media regarding a pending ease tending to arouse public opinion for or against a party. Rule 13.03 —A lawyer shall not brook or invite interfer ence by another branch or ageney of the government in the normal course of judicial proceedings.LEGAL PROFESSION Chapter IV THE LAWYER AND THE CLIENT 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 latter's 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 seri- ous and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for the rendition of free legal aid, Rule 14.03 — A lawyer may not refuse to accept repre- sentation of a client if a) he is not in a position to carry out the work effec- tively or competently; b) he labors under conflict of interest between him and the prospective client or between a present cli- ent and the prospeetive client. Rule 14.04 — A lawyer who accepts the cause of a person ‘unable to pay his professional fees shall observe the same stand- ard of conduct governing his relations with paying clients, 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 inter- est, and if so, shall forthwith inform the prospective client. Rule 15.02 — A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. Rule 15.03 — A lawyer shall not represent conflicting DUTIES AND PRIVILEGES OF A LAWYER. intorests except by written consent of all concerned given after a full disclosure of the facts, Rules 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 probahle results of the client's case, neither overstating nor understat- ing the prospects of the case Rule 15.06 is able to influence body, A lawyer shall not state or imply that he public official, tribunal or legislative 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 pro fession or occupation concurrently with the practice of law shall make clear to his client whether he is ating as a lawyer or in another capacity, CANON 16 — A LAWYER SHALL, HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT. MAY COME INTO HIS POSSESSION. Rule 16,01 property collect 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 prop- erty of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court, A lawyer shall account for all money or ed or received for or from the client. Rule 16.04 — A lawyer shall not borrow money from his client unless the client's interests are fully protected by the4 LEGAL PROFESSION nature of the ease 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 mat- ter he is handling for the client. CANON 17 — A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDEN' IN HIM, CANON 18 — A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE, Rule 18.01 — A lawyer shall not undertake a legal serv- ice which he knows or should know that he is not qualified to render. However, he may render such service if, with the con- sent 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 hout 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 client’s request for information. CANON 19 — A LAWYER SHALL REPRESENT HIS CLIENT WITH ZBAL WITHIN THE BOUNDS OF THE LAW. Rule 19.01 — A lawyer shall employ only fair and ho 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, perpe- trated a fraud upon a person or tribunal, shall promptly eall upon the client to rectify the same, and failing which he has to terminate the relationship with such client in accordance with the Rules of Court Rule 19.03 — A lawyer shall not allow his client to dic- tate the procedure in handling the case. DUTIES AND PRIVILEGES OF A LAWYER = CANO! AND REASONABLE FEES Rule 20.01 — A lawy factors in detern HALL CHARGE ONLY FAIR shall be guided by the following ng his fees a) The time spent and the extent of the services ren dered or required; b) The novelty and difficulty of the questions involved; ©) The importance of the subject matter The skill demanded; ©) ‘The probability of losing other employment as result of acceptance of the preferred case; 1) The customary charges for similar services and the schedule of fees of the IBP Chapter to which he belongs 8) Th mount involved in the controversy and the fits resulting to the client from the service; h) The contingency or certainty of compensation; i) The character: or establishes of the employment, whether occasional and i) The professional standing of the lawyer. Rule 20.02 — A lawyer shall, in cases of referral with the consent of the client, be entisled to a division of fees in pro- portion to the work performed and responsibility assumed, Rule 20.03 — A lawyer shall not, without the full know!- edge and consent of the client, accept any fee, reward, costs, commission, interest, rebate, or forwarding allowanee or other compensation whatsoever related to his professional employ- ment from anyone other than the client. Rule 20.04 — A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judi- cial action only to prevent imposition of injustice or fraud, CANON 21 — A LAWYER SHALL PRESERVE THE, CONFIDENCES AND SECRETS OF HIS CLIENT EVEN aMe AFTER THE ATTORNE) NATED. CLIENT RELATION IS TERMI Rule 21.01 — A lawyer shail not reveal the confidences or secrets of his client except: a) when authorized by the client after acquainting hit of the consequences of the disclosure; b) when required by law; ©) when necessary to collect his fees or to defend hin self, his employees or associates or by judicial aetion. Rule 21.02 — A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employ: ‘ment, nor shall he use the same to his own 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 con- sent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, book- keeping, accounting, data processing, or any similar purpose. Rule 21.04 — A lawyer may disclose the affairs of a cli- ent of the firm to partners or associates thereof unless prohib- ited by the client. Rules 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 conversa- tion about a client's affairs even with members of his family. Rule 21.07 — A lawyer shall not reveal that he has been consulted about » particular case except to avoid possible conflict of interest, CANON 22 — A LAWYER MAY WITHDRAW HIS SERV- ICES ONLY FOR GOOD CAUSE AND UPON NOTICE AP- PROPRIATE IN THE CIRCUMSTANCES, Rule 22.01 — A lawyer may withdraw his service in any of the following cases: DUTIES AND PRIVI ES OF A LAWYER a) When the client pursues an illegal or immoral course of conduet in connection with the matter he is han- dling, b) When the client insists that the lawyer pursue con- duct violative of these canons and rules ©) When his inability to work with co-counsel will not promote the best interest of the client; 4) When the mental or physical condition of the law- yer renders it difficult for him to carry out the ‘employment effectively: ) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; 1) When the lawyer is elected or appointed to a public office; and h) Other similar cases. Rule 22.02 — A lawyer who withdraws or is discharged shall, subject to a retaining 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. 2. Four-fold Duties of a Lawyer ‘The duties of a lawyer may be classified into four (4) categories, namely’ a) His duties towards the courts; b) His duties towards the society; ©) His duties towards his colleagues in the profession; and ) His duties to his client. Membership in the bar entails various obligations. The lawyer's role in the administration of justice demands obliga- tions which are not usually expected from an ordinary lay-78 LEGAL PROF man. He has strong influence in the community; many people consider him worthy of imitation and as such he should not only preach the law but must likewise set the example by observing and upholding the same. Once a person is given the privilege or franchise to prac- tice law, he ipso facto becomes an administrator of justice, oath bound servant of society whose first duty is not to his client but towards the administration of justice He has the duty to his brothers and sisters to utilize peaceful and legal means in seeking justice and refrain from doing intentional wrong to their opponents. He should strive to maintain public confidence in the administration of justice and in the integrity of the judiciary. He should discourage individuals, particularly those in public office from disregard- ing the supremacy of the law and respect for the rights of citizens. The first and foremost duty of a lawyer is to advocate for the proper administration of justice as the society has del- egated to the legal profession the administration of law and the dispensing of justice. Hence, lawyers are expected to be at the forefront in the observance and maintenance of the rule of law and the preservation of its democratic institution and ties. For this reason, his duty includes perpetual alle- giance to the Republic of the Philippines, uphold its constitu- tion and obey the Inws of the land While the duty to uphold the constitution and obey the laws of the land is an obligation imposed upon every citizen, a lawyer assumes far more responsibilities than that of an ordinary citizen. As a scholar of the law, he should set an example for the common good. He should not engage in un- lawful, dishonest, immoral or deceitful conduct otherwise, he makes himself unfit to remain a member of the bar. It is the duty of the lawyer to maintain towards the courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. As an officer of the court, his duty to the latter is more paramount than his duties to his client. As Previously pointed out, his primary duty is not to his client DUTIES AND PRIVILEGES OF A LAWYER but to the administration of justice. Henee, his client’s success is wholly subordinate. For this reason, in case of a conflict between his duties to the courts and that to his client, the conflict shall be resolved in favor of the former Asa lawyer's duty of prime importance is to observe and maintain the respect due to the courts of justice and judicial officers, his conduct before the court should be characterize with candor, truthfulness and fairness, He should come to court properly attired, and should avoid insulting and dis- respectful words in his dealings with the court. Neither shall he misquote a decision of the court under pain of contempt. It is also his solemn duty to defend the court from unjust eriti- cism. He has the right however to criticize the wrong actions of the court, but in doing this, he must see to it that his words though forceful are dignified. He should also observe the proper procedure and/or remedy in expressing his complaint against the court, In one case," it was held that a publication that tends to impede, embarrass or obstruct the court and constitutes a clear and present danger to the administration of justice is not protected by the guarantee of press freedom and is pun. ishable by contempt, it is not necessary to show that the publication actually obstructs the administration of justice, it is enough that it tends to do so. In People vs. Alarcon,? it was held that newspaper publications tending to impede, obstruct, embarrass or influence the courts in administering justice in 8 pending suit or proceeding constitutes criminal contempt which is suimmurily punishable by the courts. In In re Tulfo,’ Vulfo's “Sangkatutak na Bobo" column (on the SC decision in Valmonte vs. De Villa) was held contu- macious. Freedom of the press is subordinate to the authority, integrity and independence of the judiciary and the proper administration of justice. While there is no law to-restrain or punish the freest expression of disapprobation of what is done “in re Jurado, 12 July 1990. 269 Phil 265, 517 April 1990,in or by the courts, free expression must not be used as a vehicle to satisfy one’s irrational obsession to demean, ridi- cule, degrade and even destroy the courts and their members, In In re Laureta,' a lawyer was held in contempt and suspended from the practice of law for writing individual let ters to the members of the SC division who decided a case against his client arrogantly questioning their decision and threatening an exposé ifthe same was not reconsidered in his favor. In Zaldivar vs. Sandiganbayan,® a member of the Bar who imputed charges of improper influence, corruption and other misdeeds to members of the Supreme Court, was sus pended from the practice of law, as “neither the right of free speech nor the right to engage in political activities can be so construed or extended as to permit any such liberties to a member of the Bar.” Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against ‘unjust criticism and clamor, Whenever there is proper ground for serious complaint of a judicial officer, it is the right and duty of the lawyer to submit his grievance to the proper au- thorities. As an officer of the court, the lawyer has the duty to uphold its dignity and authority. Respeet to the courts guar- antes the stability of our democratic institutions which with- out such respect would be resting on a very shaky founda- tion.* In this ease, a senator was punished for contempt for having attacked a decision of the Supreme Cou Js he called incompetent and narrow-minded, wouneing that he would file a bill for its reorganiz ‘The lawyer should maintain toward the courts a respect- ful altitude.” The same canon makes it peculiarly incumbent upon lawyers to support the courts against unjust criticisms and clamor. The attorney's oath solemnly binds him to a eon- “448 SCRA 382 6170 SCRA 1 In re Sotto, 82 Phil. 95. "Rule 138, Sec. 20, Rules of Court, DUTIES AND PRIVILEGES OF A LAWYER st duct that should be with all good fidelity to the courts. ‘The duty of an attorney to the courts ean only be maintained by rendering no service involving any disrespect to the judicial office which he is bound to uphold. ‘The gene | rule is that every citizen, and so every member of the Bar, has the right to comment upon the rulings of a judicial officer in an action which has been finally deter- mined. When a case is finished, judges are subject to criticism as other people. In criticizing the court, however, the lawyer must use respectful language. A lawyer may not attack a eourt’s decision in words calculated to jetisson the time-honored apho- rism that courts are temples of right. Lawyers must come up with various methods, perhaps more effective, in calling the court’s attention to the issues involved. The language vehicle does not run short of expression, emphatic but re- spectful, convincing but not derogatory, illuminating but not offensive.” Notwithstanding his right to evitieize the courts, a lawyer is still bound, as an officer of the Court to give due respect: to judges in or out of court. An attorney is under special obliga- tion to be considerate and respectful in his conduct and commu: nication to a judge. He is an officer of the Court, and itis there- fore his duty to uphold its honor and dignity. Certain privileges attach to him by reason of such official position. He may in the trial of cases use language concerning witnesses, and parties, and all matters and things in issue which elsewhere and under the circumstances would be libelous, Like membership in any other organization, itis impera- tive for every lawyer to strive at all times to uphold the honor and maintain the dignity of the legal profession. He shall participate in the development of the legal system by i ing or supporting the improvement of the administra justice. Membership in the bar vests a lawyer certain obliga- tions towards his brethren in the profession as well as to the organization to which he belongs (IBP). It includes observance "Surigao vs, Cloribel, 31 SCRA 1 Rheem vs. Ferrer, 20 SCRA 44182 LEGAL, PROFESSION of honorable, candid and courteous dealings with fellow law: yers as well as the established customs and practices of the profession and performance of the duties to the integrated har. The Code of Professional Responsibility provides among others that a lawyer shail not, directly or indirectly encroach upon the professional employment of another lawyer. A law- yer should not steal the other lawyer's client nor induce the latter to retain him by a promise of better service, good result or reduced fees for his services, However, as servant of the law, he has the duty to give proper advice and assistance to those seeking relief against unfaithful and neglectful counsel. ‘This is not to say, however, that a lawyer may not substitute another Iawyer in handling the ease of a client, but he may only do so upon proper notice to the counsel concerned and only after the latter had tendered his withdrawal to the case, as a rule, It is the right of the lawyer to undertake the defense of a person accused of a crime, regardless of his personal opinion as to the guilt of the accused; otherwise, innocent persons, vietims only of suspicious circumstances, might be denied proper defense. Having undertaken such defense, the lawyer is bound by all fair and honorable means, to present every defense that the law of the land permits, to the end that no person may be deprived of life or liberty, but by due process of law. Just like other public officers, the lawyer assumes office with the attendant duties and privileges, and one such duty is the rendering of free services to poor litigants, upon show- ing that the party is destitute and unable to employ an attor- ney. ‘The duty of a lawyer towards his client is invested with public interest in view of the nature of the relationship which is strictly personal and highly confidential. It involves mutual trust and confidence of the highest degree.!” The interest of the public requires that the personal, confidential and fiduci- ary relation between attorney and client be preserved and Claudio va, Subido, 40 § DUTIES AND PRIVILEGES OF A LAWYER protected. In this regard, the client will be encouraged to entrust his legal problems to an attorney, which is necessary in the proper administration of justice. Moreover, the personal character of the relation prohibits its delegation in favor of nother lawyer without the consent. of the client. Worthy of note is the fact that the interest of the legal profession as well as the safety of the client demands a strict recognition and enforcement of the rules protective of the relation of attorney and client. The trust and confidence which a elient must nec- rily repose in an attorney can only be attained by the attorney's faithful adherence to them. The relationship between an attorney and client is con- sidered as personal, fiduciary and confidential. By virtue thereof, a lawyer owes fidelity to the eause of his client and he shall be mindful of the trust and confidence reposed in him, A lawyer in the discharge of his professional duties is, in 4 restricted sense, an agent of his client. He is expected to be Vigilant in the prosecution or defense of his client's rights, As the relationship is characterized as highly fiduciary, it has been held in a long line of eases that an attorney owes lovalty to his client not only in the ease in which he has represented him but also after the termination of the attorney-client rela- tionship between them and it is not a good practice to permit him afterwards to defend in another ease other persons ayainst his former client under the pretext that the ease is distinet from, and independent of the former case, An attorney owes to his client an undivided allegiance and after he has been retained by and received the confidence of his client, he can- not, without the free and intelligent consent of his client, given after full knowledge of all the facts and circumstances, act both for his client and for one whose interest is adverse to or conflicting with that of his client in the same general matter ‘The rule is designed not only to prevent the dishonest prac. titioner from fraudulent conduct but also to preclude the hon- est practitioner from putting himself in a position where he may be required to choose between conflicting duties. It is likewise a duty of an attorney to disclose to the client all thecircumstances of his relations to the parties, and any interest in or connections with the controversy, which might influence the client in the selection of counsel." ‘The exacting responsibilities of an attorney to his client should, however, be reconciled with his duties to the court of which he is an officer, to the bar of which he is a member and to the public of which he is also a part. Thus, it has been held many times that where his duties to his clients conflict with those which he owes to the court or to the public as a whole, the former must yield to the latter A lawyer therefore has a more dynamic and positive role in the community than merely complying with the minimal technicalities of the statute. As a man of law, he is necessarily a leader of the community, looked up to as a model citizen. His conduct must perforce be par excellence especially so when he volunteers his p ices." sssional s 3. Privileges of an attorney In general, an attorney enjoys the following privileges 1. He has both the right and privilege to practice law during good behavior before any judicial, quasi-judicial or administrative tribunal; 2. He enjoys the presumption of regularity in the charge of his fur 3. He enjoys immunity from liability to third (rd) person, in the performance of his obligation to his client, in sofar as he does not materially depart from his character as ‘a quasi-judicial officer; 4, His statements, if relevant, pertinent or material to the subject of judicial inquiry are absolutely privileged; NGode of Professional Responsibility, *Banza vs, Areangel, 21 SCRA 2, 5. He has the right to protest, in a respectful manner any unwarranted treatment of a witness or any unjustified delay in the administration of justice; and 6. Passing the bar is equivalent to a first grade civil service eligibility for any position in the classified service in the government the duties of which require knowledge of lav, or a second grade civil service eligibility for any other gover posi Some Decided Cases on Legal Ethies SEBASTIAN vs. CALIS No. 5118, 9 September 1999 112 SCAD 1, 314 SCRA 1 A Faets: Atty. Dorotheo Calis promised Marilou Sebastian that, for a fee of P150,000.00 he shall secure for her all necessary documents required for her trip to the US.A Atty. Calis then gave Marilou eopies of Supplemental to USS. Non-Immigrant Vise application and a set of ques- tions to be asked during the interview. She was likewise made by Atty, Calis to assume the name of Lizzette Ferrer When Marilou realized that she would be using spurious: travel documents, she demanded the return of her money. but Atty. Celis assured her that he was in that line of business and nothing would go wrong. Anyway, he told her, she shall be refunded in full if something goes wrong, ‘Thus, assured Marilou with two others left for the U.S.A. When they arrived at Singapore, they were all arrested for carrying spurious travel documents, detained at a prison and eventually deported to the Philippines, Upon her return to the Philippines, respondent Atty. Calis took Marilou’s passport and promised to secure new travel documents. Marilou, however, opted not to pursue the travel and demanded the return of the P150,000.00, Respondent made himself searce and subsequently trans- ferred residence to an unknown address,Issue: Whethe canons of the profession ware or not respondent’s act is violative of the Ling his disbarment Held: Respondent was removed from the Roll of Attorneys, for unethical, unscrupulous and unconscionable conduct toward the complainant for the following reasons: 1. He is guilty of violating Rule 1,01 of Canon 1 of the Code of Professional Responsibility because he de- ceived the complainant for material gain Deception and other fraudulent acts by a lawyer are disgraceful and dishonorable. They reveal moral flaws in a lawyer. They are unacceptable. ‘The relationship of a laviyer should be character- ized by the highest degree of good faith, fairness and candor. This is the essence of the lawyer's oath. The lawyer's oath is not a mere fietile of words, drift and hallow, but a sacred trust that lawyers must uphold and keep inviolable. The nature of the office of an attorney requires that he must be a person of good moral charac ter. The requisite is not only a condition precedent to the admission to the practice of law, its con is also essential for remaining in the pr: ied possession tice of law. 2. ‘The practice of law is not a right but a privilege bestowed by the State on those who show that they pos sess and continue to possess the qualifieations required by law for the conferment of such privilege. Membership in the Bar isa privilege burdened with conditions. A lawyer has the privilege to practice law only during, good behavior, He ean be deprived of his license for mis- conduct ascertained and declared by judgment of the court after giving him the opportunity to be heard. ‘The Court noted the adamant refusal of the respond- ent to comply with the orders of the IBP and his total disregard of the summons issued by the IBP as constitu tive of contemptuous acts reflective of unprofessional con- duct. DUTIES AND PRIVILEGES OF A LAWYER a PENTICOSTES vs. IBANEZ Adm. Case CBD No. 167, 9 March 1999 104 SCAD 236, 304 SCRA 281 Facts Sometime in 1989, Encarnacion Pascual was sued for non-remittance of SSS premiums which complaint ‘was assigned to Prosecutor Ibarier. for preliminary inves- tigation. In the course of the investigation, Encarnacion gave the amount of P1,804.00 to respondent. as payment, of her SSS contribution in arrears. Respondent did not pay the SSS, hence on Nov. 16, 1990, a complaint was filed against the respondent for professional misconduct in allegedly misappropriating the amount. On 23 No- vember 1990, the respondent paid SSS the amount of 1,804.00 on behaif of Encarnacion. Issue: Whether or not respondent is guilty of miseonduet, and have violated Canon 16 of the Code of Professional Responsibility, Held: It is glaringly clear that respondent's non-remit- tance for over one year of the funds coming from Encarnacion is gross violation of Rule 1.01 of the Code of Professional Responsibility. ‘The belated payment. does not excuse his misconduct. Neither would his defense that the acts complained of were not done by him in his capacity as a practicing lawyer but on account of ‘his office as a prosecutor exculpate him from responsibility. While Encarnacion may not strictly be considered a ent of respondent, the rules relating to a lawyer's han- dling of funds of a client is applicable Respondent's, failure to immediately remit the amount. gives rise to the presumption of misappropria- tion. That is in gross violation of general morality as well as professional ethics, it impairs public confidence in the legal profession and deserves punishment.en LEGAL PROFE: The Supreme Court has repeatedly admonished lawyers that a high sense of morality, honesty and fair dealing is expected and required of every member of the Bar. ‘Want of moral integrity is to be more severely con- demned in a lawyer who holds a responsible public of- fice, ‘The respondent was reprimanded with stern warn- ing. AFURONG vs. AQUINO A.C. No. 1571, 28 September 1999 112 SCAD 838, 315 SCRA 77 Facts: Afurong filed a complaint for ejectment against Victorino Flores which was decided in her favor, and the corresponding writ of execution was served on Victorino, Vietorino sought the assistance of the Citizens Legal As. sistance Office (CLAO) and the case was assigned to Atty. ‘Aquino, who was then connected with the said office. Aquino filed a Petition for Relief from Judgment which was dismissed. He likewise filed a Petition for Certiorari and Prohibition. He filed an Urgent Motion for Postponement relative to the pre-trail conference of the above petition signing his name as counsel for Victorino and indicating the address of the CLAO as his business address, although he was no longer connected with the said office. He promised the motion on his al- leged appearance in a special proceedings case. It turned out that the special proceedings ease has already been terminated before the pre-trial date for which the post- Ponement, was sought, Held: Respondent should not have filed the petition for certiorari considering that it has no apparent purpose other than to delay the execution of a valid judgment. He DUTIES AND PRIVILEGES OF A LAWYER #0 has violated his duty under the Rules of Court, to coun: sel and 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, Furthermore, his having stated false allegations his motion for postponement that he had to attend the hearing of a special proceedings on the same day set for pre-trial as well as is purposely allowing the court to believe that he was still conneeted with the CLAO are employment of means which are not consistent with truth and honor and in fact seeks to mislead the judge. Respondent has violated his duty 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. A lawyer has an oath to do no falschood and owes candor, fairness, and good faith to the court. For his failure to observe such ethical standards, respondent w: found guilty of malpractice and suspended from the prac- tice of law for six months. TOLEDO vs. ABALOS A.C. No. 5141, 29 September 1999 113 SCAD 195, 315 SCRA 419 Faets: Atty. Abalos obtained a loan from ‘Toledo in the amount of P20,000.00 plus interest at 5% per month, ‘After failure of Atty. Abalos to pay despite repeated de- mands, Toledo sought the assistance of the IBP which referred the matter to the Commission on Bar Dist (CBD). ‘The CBD issued an order directing Atty. Abalos to answer but she did not do so. The investigating commis- sioner issued an order setting the case for hearing but despite notice, the respondent failed to appear. She like- wise received an order considering the case submittedLEGAL PROBESSION for resolution but again despite receipt of the order, re spondent again did not do anything about it Issue: Should respondent be subjected to discipline despite the fact that obtaining her loan was her conduct in a non-professional capacity? Held: Respondent may not be disciplined either by the IBP or the court for failing to pay her obligation. ‘The general rule is that a lawyer may not be suspended or disbarred, and the court may not ordinarily assume ju- risdiction to discipline him, for miseonduct in his non- professional or private capacity. The respondent with her legal knowledge and ex- pertise, may have known all along that the CBD has no jurisdiction over a complaint for collection of a sum of money which she borrowed in her private capacity. As the complaint lodged against the respondent did not pertain to an act that she committed in the exercise of her profession, the IBP need not assume jurisdiction to discipline respondent Be that as it may, by virtue of a lawyer's member: ship in the IBP, a lawyer thus submits himself to the disciplinary authority of the organization. Even if the IBP had no jurisdiction it was still necessary for the respondent to acknowledge the order of the CBD in def- erence to its authority over her as a member of the IBP, Her wanton disregard of its lawful orders subjects the respondent to disciplinary action Respondent was suspended for the practi for one (1) year, of law Author's Note However, it was held in a long line of cases that an. attorney may be removed not only for malpractice and OUTIES AND PRIVILEGES OF A LAWYER Fa dishonesty in his profession, but also for gress miscon. duct not connected with his professional duties, which, hows him to be unfit for the office and unworthy of the privilege which his license and the law confer upon him, Worthy to note, however, is that failure to pay one’s debt may not involve such a grievous flow on morals as in the case at bar VILLAFLOR ys. SARITA A.C.CBC No. 471, 10 June 1999 107 SCAD 288, 308 SCRA 129 Faets: Respondent lawyer was able to obtain a favorable judgment in the MTC which was Inter affirmed by the RTC, The defendant in that ease appealed to the CA and was able to obtain a Temporary Restraining Order (TRO) addressed to and served upon the presiding judge of the RIC, the sheriff and counsel for both parties, enjoining the evietion and demolition of defendant's family home. Respondent then filed an ex parte motion with the MTC for the implementation and/or enforcement of the writ of demolition previously issued without advising the trial court of the TRO issued by the CA. Toone Was the respondent guilty of unethical conduct? Held: Respondent is guilty of unethical conduct. His disregard of the 'TRO is an immeasurable di service to the judicial system. By such act, he deliber- ately disregarded or ignored his solemn oath to conduct himself as a lawyer according to the best of his knowl- edge and discretion, with all good fidelity to the courts. He neglected his duties to observe and maintain the respect due to the courts of justice and judicial officers,we LEGAL PROFESSION and to act with candor, fairness and good faith to the courts. ‘The fact that the TRO was ambiguous is no reason for the respondent to have resorted to the narrowly tech- nical interpretation and implementation as court orders must be respected not because of the respect and consid- eration that should be extended to the judicial branch of ment, The respect for judicial orders is essen tial if our government is to be a government of laws and not of men. Respondent likewise mislead the trial court judge into issuing the order to implement. the writ of demoli- tion, in effect violating Rule 10.01 of the Code of Profes- sional Responsibility which states “A lawyer shall not do any falsehood nor consent to the doing of any in court.” A lawyer's responsibility to protect and advance the interest of his client docs not warrant a course of action propelled by ill motives and malicious intentions against the other party. For violating the above duties, respondent was sus- pended for two (2) years from the practice of law. CURIMATMAT vs. GOJAR A.C, No. 4411, 10 June 1999 107 SCAD 283, 308 SCRA 340 Facts: ‘Atty. Gojar, the counsel of the former employees of Uniwide Sales, Ine., was charged with lack of fidelity to his clients’ cause on the allegation that: The employees filed a petition for review on certiorari before the Su- preme Court and Atty. Gojar (herein respondent) moved for the dismissal of the petition without their consent; Atty. Gojar appealed from the dismissal of an unfair labor practice beyond the 10-day period to do so; He promised to file a petition before the Supreme Court after an ap- peal in the NLRC for money claims was dismissed, but DUTIES AND PRIVILEGES PA LAWYER. is he did not prepare the petition on the ground of pressure ‘of work; And he deliberately hid from his clients the fact, that a decision had already been rendered in the NLRC In his comment, the respondent attempted to refute the allegations against him and explained his side of the controversy. However, other than his self-serving claims, he did not adduce any evidence. Worse, he chose to ig- nore the hearings before the IBP where he could have shed more light on the controversy. Issue: Whether or not respondent violated the canons of the profession. Held: Respondent has violated Canon 18 of the Code of Professional Responsibility which provides that “a law- yer shall serve his elient with competence and diligence.” A lawyer owes fidelity to the cause of his client and must. be mindful of the trust and confidence reposed on him. Respondent’s shortcomings however, did not war- rant suspension from the practice of law considering that this was his first offense. ‘The Supreme Court added “Litigants are reminded that lawyers are not demi-gods or magicians who can always win their cases for their clients no matter the utter lack of merit of the same or how passionate the litigants may feel about their cause.” SALONGA vs. HILDAWA. A.C. No. 5105, 12 August 1999 110 SCAD 663, 312 SCRA 279 Fact ‘The President of STAVA charged Atty. Hildawa of having withdrawn a deposit in favor of STAVA in theo LEGAL PROFESSION amount of P104,543,80 without authority and of refu to turn over the withdrawn sum of STAVA. He was like- wise charged with appearing as counsel for KBMBPM, ‘an opponent of STAVA. Whether or not respondent is engaging in confliet- ing interest, Held: Respondent is exonerated from having violated his obligation to hold in trust the funds of his client, as it turned out that the following day he turned over the amount he received to STAVA’s Treasurer as the Presi- dent was then on leave, Respondent was however reprimanded for having placed at risk his obligation of preserving the confiden- tiality relation with a previous client. This obligation continues even after the attorney-client relation ceases, He should not have appeared as counsel for a party his client has previously contended with in a case similarly involving the said parties. Respondent violated Canon 21 which states, “A lawyer shall preserve the confidences and secrets of his client even after the attorney-client relation is terminated, AROMIN, ET AL. vs. BONCAVIL A.C. No. 5135, 22 September 1999 112 SCAD 760, 315 SCRA 1 Facts: Atty. Boncavil was charge by herein complainants with violation of the Code of Professional Responsibility relative to two cadastral cases he filed for one of the complainants, Tiburcio, ‘The complainants and the re- spondent live in close proximity with each other. Respondent alleged that the day before the cadas- tral court rendered its decision, he met by chance, Julian, DUTIES AND PRIVILEGES OF A LAWYER % (another complainant) who, after learning that the same has been submitted for resolution, told the respondent, “You are too busy to attend to our case, it would be better if somebody else would take over,” to which according to the respondent he replied, “It is alright with me, it is your privilege.” ‘That he considered himself discharged ‘as counsel in the two cadastral cases and relieved of the obligation of moving for a reconsideration, file a notice of appeal, or to notify the complainants of the decision. Fur- thermore, the delay in the substitution of Tibureio with his heirs (the other complainants), was because neither the heirs nor the administrator of the intestate estate of ‘Tiburcio informed him of the latter's death despite the heir’s knowledge that he was the counsel in the two cadastral cases. Issue: Ws the rules? the withdrawal of eounsel in conformity with Held: A lawyer shall serve his client with competence and diligence. The lawyer owes entire devotion to the inter- est of the client, saved by the rules of law legally applied. This simply means that his client is entitled to the ben- efit of any and every remedy or defense. If much is de manded from an attorney, it is because the entrusted privilege to practice law carries with it the correlative duties not only to the client but also to the court, to the bar and to the public. A lawyer who performs his duty with diligence and candor not only protects the interest, of his client; he also serves the ends of justice, does honor to the bar, helps maintain the respect of the community to the legal profession. Julian who allegedly made the remarks is not the only heir and was not shown that he was speaking for the heirs. If respondent really believed that he was dis- charged as counsel, he should have informed the court and asked that he be discharged. Until his dismissal orwithdrawal is made of record, any judicial notice sent to him was binding upon his clients ever. though as be: tween them the professional relationship may have been. terminated, Four years after the death of the complainants’ father Tiburcio is simply too long a period for him not to have known of his client’s death, especially as it appears that he and complainants live in close proximity with each other. Respondent was suspended from the practice for six (6) months with warning. BARRIENTOS vs. DAAROL ‘Adm, Case 1512, January 29, 1993 Facts: Complainant Vietoria Barrientos filed a complaint for disbarment against Atty. Daarol on grounds of deceit and grossly immoral conduct. Barrientos is single and was twenty years old when she had the relationship with the respondent who was then forty-one years old, Respondent was known by the Barrientos family for quite some time. Respondent would fetch her at the family’s residenes in the morning and would take her home after each day's activities. After a ‘week of courtship, complainant accepted respondent's love. One evening, they attended a social funetion with her parent's consent. Later, they left the place but instead of going home, they went to the airport at Dipolog City and parked the jeep at the beach where there were no houses around. After convincing the complainant that he would marry her in a month's time, and complainant, believing in good faith that he was still single and is true to his promises, succumb to the sexual advances of respondent ‘and consummated the carnal lust. ‘Their sexual tryst re- peated twice or thrice a week until complainant got preg~ nant. Respondent suggested an abortion but complain- ant would not agree. ‘To avoid scandal, they agreed to | t t DUTIES AND PRIVILEGES OF A LAWYER deliver the child in Manila and that respondent would marry her, In Manila, respondent confessed to the com: plainant that he could not marry her because he is al- ready married to someone else, However, he assured her that he would support her financially and that he would work for his annulment, as he has been estranged to his wife for 16 years. Few weeks after giving birth to their child, complainant exerted much effort to contact him but to no avail. Hence, this administrative complaint. Issue: Whether the respondent resorted to acts of deceit and immoral tendencies to satisfy his sexual desires and whether this would warrant his disbarment. Held: Good moral character is a condition which precedes ‘admission to the bar and is not dispensed with upon the admission thereto. It is a continuing qualification which all lawyers must possess, otherwise, a lawyer may either be suspended or disbarred. ‘The Court believed that respondent resorted to de~ ceit in the satisfaction of his sexual desires at the expense of the complainant, It finds respondent's moral sense as “seeing nothing wrong in their relationship despite mar- riage and having suggested abortion,” as seriously im- paired, Respondent’s acts of deceit and immoral tendencies has demonstrated his moral delinquency. Hence, his re- moval for conduct unbecoming a member of the bar on grounds of deceit and grossly immoral eonduct is in order. BALAOING vs. CALDERON AM, No. RTJ-90-580, 27 April 1993 Faets: Prior to the administrative ease filed against respond- ent Judge Calderon, complainant Atty. Balaoing was se-verely censured in a Resolution of the Court en bane, for having instituted a patently un! unded and frivolous ad. ministrative action against the di ‘erent judges of Olongapo City and Zambales, And that hi commission of the same or similar misconduet will be de. It more severely. Notwithstanding the eens’ re and suspension, Atty Balaoing filed a series of adninistrative complaints against a number of judges n Olongapo City and ‘Zambales, charging them with pave misconduct for their alleged failure and refusal to is. ue corresponding writ of execution prayed for by the con plainant, grave abuse of authority and malicious delay in the administration of Justice, which were all dismiss d for lack of merit Issue: Whether Atty. Balaoing vio! xted Canon II of the Code of Professional Responsibility th at a lawyer shall observe and maintain the respect due to the court and to the judi- cial officer and should insist on. imilar conduct by others. Held: ‘The Court finds that the complainant Balaoing has a penchant for filing administrative charges against Judges in whose sala he has pending eases, whenever the Tatter render de to his clients. While it is true that lawyers owe entire devotion to the interest of the client, warm zeal in the maintenance and defense of hi. rights and the exertion of his utmost learning and ability. No fear of judicial disfavor or public unpopularity should restrain him from the full discharge of his duty. ders adverse Uy him or Balaoing’s wanton disregard of the stern warning not to again file baseless and frivolous complaints which only clog the already full dockets of the Court instead of serve the ends of justice, and his adamant refusal to abide the Code of Professional Responsibility which serves to regulate a lawyer's conduct in this juris ction, have DUTIES AND PRIVILEGES OF A LAWYER 69 shown complainant's unfitness to hold the license to practice law. Balaoing has utterly failed to live up to the duties and responsibilities of a member of the legal pro- fession. His disbarment is in order. FERNANDEZ vs. GRECIA Adm. Case No. 3694, 17 June 1993 Faets: Complainants Drs, Alberto Fernandez, Isabelo Ongtengeo and Achilles Bartolome and the St. Luke's Medical Center, filed a disbarment proceeding against respondent Atty. Grecia for dishonesty and grave mis- conduct in connection with the theft of some pages from a medical chart which was material evidence in a dam- age suit filed by his clients against the complainants. Disbarment is nothing new to the respondent. He was already disbarred for his immoral complicity or unholy alliance with a judge in Quezon City to rip off banks and Chinese business firms which had the misfor- tune to be sued in the latter's court. ‘Three years later, the court, heeding his pleas for compassion and his prom- ise to mend his ways, reinstated him in the profession. Eight months later, he was back before the court facing another charge of dishonesty and unethical practice. Respondent. acts as counsel for Atty. Damaso Aves, et al, case vs. St. Luke's Medical Center's Drs. Fernandez, Ongtengeo and Bartolome, blaming the latter for the demise of Atty. Aves’ wife, who was diagnosed, treated and died in the said hospital. In the court proceedings against St. Luke's Medical Center, the medical records of the wife were submitted by St. Luke's. It is from these records that the respondent tried to cover some medical facts by tearing two important pages from the wife's medical chart, Issue: Did respondent's a canons of the profession? jon constitute a violation of the100 LBGAL PROFESSION Held: ‘The court is convinced that in stealing pages and pass. ing it on to his driver, respondent has violated Rule 1.01, Canon 1 of the Rules of Professional Responsibility as well as Canon 7, which provides that “A lawyer shall at all imes uphold the integrity and dignity of legal profession and support the activities of the Intograted Bar.” By descending to the level of a common thief, re- spondent Grecia has demeaned and disgraced the legal Profession. He has demonstrated his moral unfitness to continue as a member of the honorable fraternity of law- yers. He has forfeited his membership in the Bar. ‘The court finds Atty. Benjamin Grecia guilty of grave misconduct, dishonesty, and grossly unethical behavior as a lawyer. Considering that this is already his second offense against the canons of the profession, the court impose the supreme penalty of disbarment Chapter Ix THE INTEGRATED BAR OF THE PHILIPPINES 1. Concept Integration of the bar means the official unification of all fre, lawyers in the Philippines. This requires membership and financial support (in reasonable amount) of every attorrey aa fonditions sine qua non to the practice of law and to the re. Galion of his name in the Roll of Attorneys of the Supreme Court. The term “Bar” refers to the collectivity of all persone hose names appear in the Roll of Attorneys. An Integrated Bar (or Unified Bar) perforce must include all lawyers Com: Plete unification is not possible unless it is decreed by an tercroith Power to do so — The State. Bar integration, therefore, signifies the setting up by government authority of @ national organization of the legal profession based on the forpinition of the lawyer as an officer of the court. Designed Jeaimbrove the position of the bar as an instrumentality of {aRice and the rule of law, integration fosters cohesion atnong leuyers and ensures, through their own organized action avg FessiciPation, the promotion of the objectives of the legal pro- fession pursuant to the principle of maxinum bac autonomy Cah minimum supervision and regulation by the Supreme Court.! 2. Purpose of Integration ‘The purposes of the Integrated Bar, in genoral are: 1) Assist in the administration of justice; —___ "Un re Integration of the Bar, 49 SCRA 25, or