LEGAL ETHICS

Practice of law means any activity in or out of court which requires the application of the law, legal procedure,
knowledge, training and experience.

The receipt if compensation is not the sole determinant of legal practice. Giving of advice or rendering any kind of
service that involves legal knowledge is also considered as practice of law.

Persons excluded from the practice of law:

1. Government employees and incumbent elective officials
2. Lawyers who by law are not allowed to appear in court
3. Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools
and lawyers of NGOs and People’s Organizations, who by nature of their work are already rendering free legal
aid to indigent or pauper litigants
4. Those who are employees in the private sector but do not appear for and in behalf of parties in courts of law
and quasi-judicial agencies

Attorney of Record An attorney whose name is entered in the records of an action or suit as the
lawyer of a designated party thereto
Attorney Ad Hoc A person appointed by the court to defend an absentee defendant in the suit in
which the appointment was made
Counsel de Oficio An attorney appointed by the court to defend an indigent defendant in a criminal
action
Counsel de Parte A private counsel of a party secured by him, without intervention from the
government
Amicus Curiae An experienced and impartial attorney invited by the court to appear and help
in the disposition of the issues submitted to it. He appears in court not to
represent any particular party but only to assist the court.
Amicus Curiae par excellence An attorney who acts merely as a consultant to guide the court in doubtful
questions or issues pending before it

Assumpsit – “he has undertaken”

It is an action for the recovery of damages by reason of the breach or non-performance of a simple contract, either
express or implied, whether made orally or in writing. It the word used in pleadings by the plaintiff to set forth the
defendant’s undertaking or promise.

Pro Se
A party in a lawsuit who represents himself.

NOTE: When there is prohibition to practice law, it refers to all cases except where such person would appear in court
to defend himself.

The practice of law is not a natural, property or constitutional right. It is a mere privilege. It becomes a property right
if there is a contract for Attorney’s Fees.

The legal profession is not a business. It is not a money-making trade. It is a sacred profession imbued with public
interest whose primary objective is public service, as it is an essential part in the administration of justice and
profession in pursuit of which pecuniary reward is considered merely incidental.

Requirement for the admission to the Bar

1. A citizen of the Philippines
2. At least 21 years old
3. Of good moral character
4. A resident of the Philippines
5. Must produce before the SC satisfactory evidence of good moral character
6. No charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines
7. Must have complied with the academic requirements
8. Must pass the bar examinations
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 9. Take the Lawyer’s Oath
10. Sign the Roll of Attorneys

Requirements for Filipino who graduated from a foreign law school to be admitted to the Bar
Upon submission to the SC of certifications showing:
1. Completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree
2. Recognition or accreditation of the law school by the proper authority
3. Completion of all fourth year subjects in the Bachelor of Laws academic program in a law school duly
recognized by the Philippine Government
4. Present proof of completing a separate degree

Only members of the Philippine Bar, who have obtained the necessary degree in the study of law and successfully passed
the bar exams, been admitted to the IBP and remain members in good standing are authorized to practice law and thus
use the title – “Attorney”.

Good moral character is a continuing requirement. It is not only a condition precedent for the admission to the legal
profession, but it must also remain intact in order to maintain one’s good standing in the practice and exercise of the
privilege.

Practice of law of the Clerk of Court

GR: The practice of law of the clerk of court is not allowed.
XPN: in isolated transactions with the written permission from the head of the Department which must be approved by
the SC and approved leave of absence with justifiable reasons

Appearance of non-lawyers
GR: Only those who are licensed to practice law can appear and handle cases in court.
XPNs:
1. Law student practice
2. In MTC (including law students)
3. Non-lawyers can represent parties in administrative tribunals such as NLRC, DARAB and Cadastral Courts
4. Before any other court, a party may conduct his litigation personally
5. Criminal cases before the MTC in a locality where a duly licensed member of the Bar is not available, the judge
may appoint a non-lawyer who is a resident of the province and of good repute for probity and ability to aid
the accused in his defense
6. Any official or other person appointed or designated to appear for the Government of the Philippines in
accordance with the law

Law Student Practice

1. Those who have successfully completed their third year of the regular four-year prescribed law curriculum
2. Enrolled in a recognized law school’s clinical legal education program approved by the SC
3. Appear without compensation in any civil, criminal or administrative case before any trial court, tribunal,
board, officer
4. Represent indigent clients accepted by the legal aid clinic of the law school
5. Shall be under the direct supervision and control of a member of the IBP duly accredited by the law school
6. Any and all pleadings, motions, briefs, memoranda or other papers must be signed by the supervising attorney
for and on behalf of the legal clinic

NOTE: Failure of an attorney to provide adequate supervision of student practice may be a ground for disciplinary
action.

In inferior courts, a law student may appear in his personal capacity without the supervision of a lawyer.

Party’s Right to Self-Representation

In civil cases, an individual litigant has the right to conduct his litigation personally.
In criminal case – grave and less grave felonies, an accused who is a layman must always appear by counsel and he
cannot conduct his own defense without violating the right to due process. In light offenses, a party litigant can
represent himself.

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With regard to juridical person, it must always appear in court through a duly licensed member of the bar except
before the MTC, where it may be presented by its agent or officer who need not be a lawyer.

Limitations on the appearance of non-lawyers

1. He should confine his work to non-adversary contentions
2. He should not undertake purely legal work, such as examination or cross-examination of witnesses, or the
presentation of evidence
3. His services should not be habitually rendered
4. He should not charge attorney’s fees

Under the Labor Code, non-lawyers may appear before the NLRC or any Labor Arbiter, if:
1. They represent themselves; or
2. They represent their organization or members thereof; or
3. If they are duly accredited members of any legal aid office duly recognized by the Department of Justice, or the
Integrated Bar of the Philippines in cases referred to by the latter.

NOTE: He is not, however, entitled to attorney’s fees for not being a lawyer.

Proceedings before the Small Claims Court

No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court
may, in its discretion, allow another individual who is not an attorney to assist that party upon the latter’s consent.

Proceedings before the Katarungang Pambarangay

During the pre-trial conference under the Rules of Court, lawyers are prohibited from appearing for the parties. Parties
must appear in person only except minors or incompetents who may be assisted by their next of kin who are not
lawyers.

Remedies against practice of law without authority

1. Petition for Injunction;
2. Contempt of court;
3. Criminal complaint for Estafa against a person who falsely represented himself to be an attorney to the damage
of a party;
4. Disqualification and complaints for disbarment; or
5. Administrative complaint against the erring lawyer or government official.

A member of the Bar may be disbarred or suspended from his office as attorney by the Supreme Court for corruptly or
willfully appearing as an attorney for a party to a case without authority to do so. Accordingly, disbarment should not
be decreed where any punishment less severe such as a reprimand, suspension or fine, would accomplish the end
desired.

In any case, an unauthorized appearance of an attorney may be ratified by the client either expressly or impliedly.
Ratification retroacts to the date of the lawyer’s first appearance and validates the action taken by him.

Sanctions for persons who are not lawyers

They shall be punished with contempt of court, severe censure and three (3) months imprisonment because of the
highly fraudulent and improper conduct tending directly to impede, obstruct, degrade, and make a mockery of the
administration of justice.

A person who has been refused admission to the bar by order of the Supreme Court but nonetheless attempts to practice
law is guilty of indirect contempt. A disbarred lawyer still appearing in court is guilty of indirect contempt.

If a lawyer refuses to testify on formal matters, like mailing, authentication or custody of documents, he can be cited for
direct contempt for refusal to be a witness. However, if the matter to be testified is substantial, he cannot be guilty of
contempt or any violation of his duty to the court.

Public officials not allowed to engage in law practice (Absolute Prohibition) [JOPPC2OMS]:
1. Judges and other officials and employees of the Supreme Court
2. Officials and employees of the OSG
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 3. Government Prosecutors
4. President, Vice-President, Members of the Cabinet, their deputies and assistants
5. Members of the Constitutional Commission
6. Civil Service Officers or employees whose duties and responsibilities require that their entire time be at the
disposal of the government
7. Ombudsman and his deputies
8. All governors, city and municipal Mayors
9. Those prohibited by Special laws.

Restrictions on the Practice of Law on Certain individuals (Relative Prohibition)

1. No Senator or member of the House of Representatives may personally “appear” as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial and other administration bodies

NOTE: What is prohibited is to “personally appear” in court and other bodies. The word “appearance” includes
not only arguing a case before any such body but also filing a pleading on behalf of a client as “by simply filing
a formal motion, plea, or answer.”

2. Under the Local Government Code, Sanggunian members may practice their professions provided that if they
are members of the Bar, they shall NOT:

a. Appear as counsel before any court in any civil case wherein a local government unit or any office,
agency, or instrumentality of the government is the adverse party;
b. Appear as counsel in any criminal case wherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office;
c. Collect any fee for their appearance in administrative proceedings involving the local government
unit of which he is an official; or
d. Use property and personnel of the government except when the Sanggunian member concerned is
defending the interest of the government.

3. Under Sec. 1, R.A. 910, as amended, a retired justice or judge receiving pension from the government, cannot act
as counsel:

a. In any civil case in which the Government, or any of its subdivision or agencies is the adverse party;
or
b. In a criminal case wherein an officer or employee of the Government is accused of an offense in
relation to his office; nor
c. Collect any fees for his appearance in any administrative proceedings to maintain an interest
adverse to the government, provincial or municipal, or to any of its legally constituted officers (Sec.
1, R.A. 910).

4. Civil service officers and employees without permit from their respective department heads

5. A former government attorney cannot, after leaving government service, accept engagement or employment in
connection with any matter in which he had intervened while in the said service

No such interdiction is made on Punong Barangay and the members of the Sangguniang Barangay. They are allowed to
practice their profession. However, he should procure prior permission or authorization from the head of his
Department, as required by the Civil Service Regulations.

Section 20, Rule 138. Duties of attorneys. — It is the duty of an attorney:

a. To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws
of the Philippines.
b. To observe and maintain the respect due to the courts of justice and judicial officers;
c. To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only
as he believes to be honestly debatable under the law.
d. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with
truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of
fact or law;

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 e. To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to
accept no compensation in connection with his client's business except from him or with his knowledge and
approval;
f. To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the cause with which he is charged;
g. 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;
h. Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
i. In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion
as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be
deprived of life or liberty, but by due process of law.

THE CODE OF PROFESSIONAL RESPONSIBILITY

CHAPTER I. THE LAWYER AND SOCIETY

CANON 1
A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR
LAW OF AND LEGAL PROCESSES.

The Rule of Law or the Supremacy of Law provides that decisions should be made by the application of known legal
principles and laws without the intervention of the discretion in their application. A lawyer’s oath to uphold the cause
of justice is superior to his duty to his clients; its primacy is indisputable.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Deceitful Conduct An act that has the proclivity for fraudulent and deceptive misrepresentation, artifice or device
that is used upon another who is ignorant of the fact, to the prejudice and damage of the party
imposed upon
Unlawful Conduct It is the transgression of any provision of law, which need not be a penal law. The presence of
evil intent on the part of the lawyer is not essential in order to bring his act or omission within
the terms of this Rule.
Immoral Conduct Conduct which is willful, flagrant, or shameless, and which shows a moral indifference to the
opinion of the good and respectable members of the community. To warrant disciplinary
action, the act must not only be merely immoral but grossly immoral. The one that is so
corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be
reprehensible to a high degree. It is willful, flagrant, or shameless act, which shows a moral
indifference to the opinion of respectable members of the community.
Moral Turpitude An act of baseness, vileness or depravity in the duties which one person owes to another or to
society in general which is contrary to the usually accepted and customary rule of right and
duty which a person should follow; the question as to whether an offense involves moral
turpitude is for the Supreme Court to decide

GR: A lawyer may not be disciplined for failure to pay a loan. The proper remedy is the filing of an action for collection
of a sum of money in regular courts.

XPN: A deliberate failure to pay just debts and the issuance of worthless checks.

Just debts include unpaid rentals, electric bills, claims adjudicated by a court of law, and claims the existence and
justness which are admitted by the debtor

Q: Judge A has an illicit relationship with B, his Branch Clerk of Court. C, the wife of Judge A, discovered the illicit
affair and consulted a lawyer to vindicate her violated marital rights. If you were that lawyer, what would you
advice C, and if she agrees and asks you to proceed to take action, what is the legal procedure that you should
follow? (2014 Bar)

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A: File a case of immorality against Judge A and the clerk of court for violation or Rule 1.01, CPR; impropriety under
Canon 4 of the New Code of Judicial Conduct against Judge A; and invoke the automatic conversion of the administrative
case against Judge A and the clerk of court as members of the bar under A.M. No. 02-9-02-SC, with the Office of the Court
Administrator. Complaint for disbarment against Judge A and the clerk of court may also be filed. This is without
prejudice to the filing of criminal and civil cases.

A lawyer may be disciplined for misconduct committed either in his professional or private capacity. The test is whether
his conduct shows him to be wanting in moral character, honesty, probity, and good demeanor, or whether it renders
him unworthy to continue as an officer of the court.

A lawyer’s act of having carnal knowledge of a woman other than his wife manifests his disrespect for the laws on the
sanctity of marriage and his own marital vow of fidelity. Whether the sexual encounter between him and complainant
was or was not with the latter’s consent is of no moment. Such conduct is a transgression of the standards of morality
required of the legal profession and should be disciplined accordingly.

If a lawyer is acquitted of the charge of a crime involving moral turpitude, will the disbarment complaint be
dismissed?
a. If the acquittal is based on the ground that no crime was committed, or that he is innocent - the administrative
case may be dismissed
b. If the acquittal is based merely on reasonable doubt - the disbarment proceeding may still continue.

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.

Every lawyer should not render any service or give advice to any client that would involve defiance of the very laws that
he was bound to uphold and obey, for he or she was always bound as an attorney to be law abiding, and thus to uphold
the integrity and dignity of the Legal Profession. Verily, he or she must act and comport himself or herself in such a
manner that would promote public confidence in the integrity of the Legal Profession.

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any
man's cause.

Maintenance The intermeddling of an uninterested party to encourage a lawsuit; it is a taking in hand, a

bearing up or upholding of quarrels or sides, to the disturbance of the common right; a
lawyer owes to society and to the court the duty not to stir up litigation
Barratry An offense of frequently exciting and stirring up quarrels and suits, either at law or
otherwise; lawyer’s act of fomenting suits among individuals and offering his legal services
to one of them.
Ambulance Chasing An act of chasing victims of accidents for the purpose of talking to the said victims or relatives
and offering his legal services for the filing of a case against the persons who caused the
accidents.

It is improper to voluntarily give legal advice when the lawyer, in giving such, is motivated by a desire to obtain personal
benefit, secure personal publicity, or cause legal action to be taken merely to harass or injure another. It is
unprofessional for a lawyer to volunteer advice to bring a lawsuit except in rare cases where the ties of blood,
relationship or trust make it his duty to do so.

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair
settlement.

It is the duty of the lawyer to temper his client’s propensity to litigate and resist his client’s whims and caprices for the
lawyer also owes duty to the court. A lawyer should be a mediator for concord and a conciliator for compromise rather
than an initiator of controversy and a predator of conflict.

The rule requires that lawyers encourage settlement only when the same is fair. It should be noted that the duty and
the right of the lawyer is limited to encouraging the client to settle. Ultimately, however, the final decision to settle a
claim rests upon the client.

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The useful function of lawyer is not only the conduct of litigation but to avoid it whenever possible by advising
settlement or withholding suit.

CANON 2
A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.

The prime duty of the lawyer is to see to it that justice is accorded to all without discrimination.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.

A layer appointed as counsel for an indigent prisoner should always exert his best efforts in the indigent’s behalf. The
inability to pay for legal services is not a valid reason to refuse acceptance of the case.

A lawyer or professional partnership rendering free legal services shall be entitled to deduction from the gross income,
provided that the actual free legal services shall be exclusive of the minimum 60-hour mandatory legal aid services
rendered to indigent clients.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to
the person concerned if only to the extent necessary to safeguard the latter's rights.

Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

Advertisements
GR: No advertisement by lawyers is allowed. The most worthy and effective advertisement possible is the establishment
of a well-merited reputation for professional capacity and fidelity to trust.

XPNs:
1. Reputable Law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief
biographical and informative data, are allowed;
2. Advertisements or simple announcement of the Existence of a lawyer or his law firm posted anywhere where
it is proper such as his place of business or residence except courtrooms and government buildings;
3. Ordinary, simple Professional Card. It may contain only a statement of his name, the name of the law firm which
he is connected with, address, telephone number and the special branch of law practiced;
4. A simple announcement of the Opening of a law firm or of changes in the partnership, associates, firm name or
office address, being for the convenience of the profession, is not objectionable;
5. Advertisements or announcement in any Legal publication, including books, journals, and legal magazines and
in telephone directories
6. Writing legal Articles;
7. Engaging in Business and other occupations except when such could be deemed improper, be seen as indirect
solicitation or would be the equivalent of a law practice;
8. Activity of an association for the purpose of legal representation;
9. Notice to other local lawyers and publishing in a legal journal of one’s availability to act as an associate for
them;
10. Seeking a Public office, which can only be held by a lawyer or, in a dignified manner, a position as a full time
corporate counsel; and
11. Listing in a phone Directory, but not under a designation of a special branch of law

If engaged in other profession or occupation concurrently with the practice of law, the lawyer shall make clear to his
client whether he is acting as a lawyer or in another capacity.

The lawyer may not seek or obtain employment by himself or through another, to do so would be unprofessional and
tantamount to malpractice.

A general professional partnership with a non-lawyer is void. In the formation of partnership for the practice of law, no
person should be admitted or held out as a practitioner or member who is not a member of the legal profession duly
authorized to practice, and amenable to professional discipline.

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The rule against solicitation applies to a lawyer who offers monetary reward to those who can serve as witness/es in
the case, which he is handling.

Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances
so warrant.

GR: A lawyer shall not charge rates lower than those customarily prescribed.

XPN: When the clients are relatives, co-lawyers or are indigents

What the rule prohibits is a competition in the matter of charging professional fees for the purpose of attracting clients
in favor of the lawyer who offers lower rates.

CANON 3
A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND
OBJECTIVE INFORMATION OR STATEMENT OF FACTS.

Giving advice on legal matters through the medium of newspaper column or radio station or television broadcast is
improper. It would involve indirect advertising and violation of the confidential relation between the lawyer and the
client.

Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified,
self-laudatory or unfair statement or claim regarding his qualifications or legal services.

Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use
of the name of a deceased partner is permissible provided that the firm indicates in all its communications that
said partner is deceased.

A lawyer is not authorized to use a name other than the name inscribed in the Roll of Attorneys in his practice of law.

The continued use of the name of the deceased partner is permissible provided that the firm indicates in all its
communication that said partner is deceased. The use of a cross after the name of the deceased partner is sufficient
indication. It is advisable though that the year of death be also indicated.

The use of the firm name of a foreign law firm is unethical.

Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law currently.

The inclusion or retention of his name in the professional card constitutes an act of solicitation. It is unlawful for a public
officer or employee to engage in the private practice of his profession unless authorized by the Constitution or by law,
provided that such practice will not conflict or tend to conflict with his official functions.

Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation
of, or in return for, publicity to attract legal business.

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.

CANON 5
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 AND ASSIST IN DISSEMINATING THE LAW AND
JURISPRUDENCE.

CANON 6
THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.

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A lawyer or a prosecutor may refuse a case which he believes to be unmeritorious because it is his duty to counsel 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.

Rule 6.01 - The primary duty of a 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.

The public prosecutor must be present at the trial of the criminal case despite the presence of a private prosecutor in
order to see to it that the interest of the State is well-guarded and protected, should the private prosecutor be found
lacking in competence in prosecuting the case. Moreover, the primary duty of a public prosecutor is not to convict but
to see to it that justice is done. A private prosecutor would be naturally interested only in the conviction of the accused.

Instance where a private prosecutor may appear in behalf of the State even without the presence or supervision
of a public prosecutor
In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private
prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to
prosecute the case subject to the approval of the court. Once so authorized to prosecute the criminal action, the private
prosecutor shall continue to prosecute the case up to end of the trial even in the absence of a public prosecutor, unless
the authority is revoked or otherwise withdrawn.

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 public duties.

Restriction on lawyers who are also public officials and employees during their incumbency
They must NOT:
1. Engage in the Private practice of their profession unless authorized by the Constitution or law, provided that
such practice will not conflict or tend to conflict with their official functions;
2. Own, control, manage or accept Employment as officer, employee, consultant, counsel, broker, agent, trustee
or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed
by law;
3. Recommend any person to any position in a private enterprise which has a regular or pending official
transaction with their office; and
4. Use or divulge confidential or classified information officially known to them by reason of their office and not
available to the public.

Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or employment in
connection with any matter in which he had intervened while in said service.

He cannot accept any work or employment from anyone that will involve or relate to the matter in which he intervened
as a public official, except on behalf of the body or authority which he served during his public employment. Sec. 7(b)
of R.A. 6713 prohibits former public official or employee for a period of 1 year after retirement or separation from
office to practice his profession in connection with any matter before the office he used to be with.

CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION

CANON 7
A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

IBP must be apolitical

No lawyer holding an elective, judicial, quasi-judicial or prosecutory office in the Government or any political
subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar
or any Chapter thereof. A Delegate, Governor, officer or employee of the Integrated Bar, or an officer or employee of any
Chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of
candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial, or prosecutory office in
the Government or any political subdivision or instrumentality thereof.

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To compel a member of the Integrated Bar is not violative of his constitutional freedom to associate. Integration does
not make a lawyer a member of any group of which he is not already a member. He became a member of the Bar when
he passed the Bar Examinations. All that integration actually does is to provide an official national organization for the
well-defined but unorganized group of which every lawyer is already a member.

Assuming that the questioned provision does in a sense compel a lawyer to be a member of the Integrated Bar, such
compulsion is justified as an exercise of the police power of the State.

Membership dues are not prohibited by the Constitution. The fee imposed is a regulatory measure, designed to raise
funds for carrying out the purposes and objectives of the integrated bar.

Every member of the Integrated Bar shall pay annual dues. Default in the payment of annual dues for six months shall
warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall be a ground
for the removal of the name of the delinquent member from the Roll of Attorneys, subject to the requirement of
due process. The 20% discount for Senior Citizens does not apply to the IBP Dues.

The Integration of the Philippine Bar means the official unification of the entire lawyer population. This requires
membership and financial support of every attorney as condition sine qua non to the practice of law and the retention
of his name in the Roll of Attorneys of the Supreme Court.

Payment of dues is a necessary consequence of membership in the IBP, of which no one is exempt. This means that the
compulsory nature of payment of dues subsists for as long as one’s membership in the IBP remains regardless of the
lack of practice of, or the type of practice, the member is engaged in.

There is no such thing as retirement in the IBP as understood in labor law. A lawyer, however, may terminate his bar
membership after filing the required verified notice of termination with the Secretary of the Integrated Bar.

Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact
in connection with his application for admission to the bar.

The concealment of an attorney in his application to take the bar exams of the fact that he has been charged with or
indicted for an alleged crime is a ground for revocation of his license to practice law. Even of the concealment of the
crime does not involve moral turpitude, such concealment shall be taken against him. It is the fact of concealment itself
that makes him morally unfit to become a lawyer.

To be liable for suppressing a fact or information in the application, the suppression must be:
1. Deliberately or knowingly made; and
2. The fact or information suppressed must be material.

Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him to
be unqualified in respect to character, education, or other relevant attribute.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall
he whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.

While it has been held in disbarment cases that the mere fact of sexual relations between two unmarried adults is not
sufficient to warrant administrative sanction for such illicit behavior; it is not so with respect to betrayal of the marital
vow of fidelity.

CANON 8
A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.

The lawyer’s arguments, whether written or oral, should be gracious to both the court and opposing counsel and be of
such words as may be properly addressed by one gentleman to another.

A lawyer’s language should be forceful but dignified, convincing but not derogatory, illuminating but not offensive,
emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession.

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Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise
improper.

Their every act or word should be marked by prudence, restraint, courtesy and dignity.

Lack of want of intention is no excuse for the disrespectful language employed. Counsel cannot escape responsibility by
claiming that his words did not mean what any reader must have understood them as meaning.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another
lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.

GR: A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel
much less should he undertake to negotiate or compromise the matter with him, but should deal with his counsel.

XPNs:
1. A lawyer may properly interview any witness or prospective witness or prospective witness for the opposing
side in any civil or criminal action without the consent of opposing counsel or party; and
2. Any person who seeks relief against an unfaithful or neglectful lawyer may approach another lawyer for proper
advice and assistance. Any advice or assistance extended after proper verification is not encroaching upon the
business of another lawyer for such act is justified under the circumstances.

CANON 9
A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.

Unauthorized practice of law is committed when a person, not a lawyer, performs acts which are exclusive to members
of the bar.
There is no violation of this canon if a lawyer employs a paralegal graduate to assist him in the practice of law since the
job of a paralegal is limited to drafting of documents, case management, etc.

Q: Will a lawyer violate the Code of Professional Responsibility if he forms a partnership with professionals of
other disciplines like doctors, engineers, architects or accountants? (2014 Bar)

A: YES, the Code of Professional Responsibility prohibits unauthorized practice of law so that lawyers cannot directly
or indirectly assist said practice, or delegate its practice to one who is not qualified to do so. In partnership, the act of a
partner is the act of the partnership; hence, a non-lawyer cannot perform an act that has a legal effect and in the name
of the partnership.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law may
only be performed by a member of the bar in good standing.

It follows thereof that a retained lawyer is not automatically authorized to make such delegation to a qualified person
because the client-lawyer relationship is personal.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to
practice law, except:
a. Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money
shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or
b. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
c. Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is
based in whole or in part, on a profit sharing agreement.

CHAPTER III. THE LAWYER AND THE COURTS

CANON 10
A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

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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 any artifice.

A lawyer must be a disciple of truth. He should bear in mind that as an officer of the court his high vocation is to correctly
inform the court upon the law and the facts of the case and to aid it in doing justice and arriving at a correct conclusion.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or
the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision
already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of
justice.

Filing multiple actions constitutes an abuse of the Court’s processes. Those who filed multiple or repetitive actions
subject themselves to disciplinary action for incompetence or willful violation of their duties as attorneys to act with all
good fidelity to the courts, and to maintain only such actions that appear to be just and consistent with truth and honor.

Instances when lawyers can be disciplined based on the pleadings they filed
When a counsel deliberately:
1. Files an unsigned pleading in violation of the rules;
2. Alleges scandalous matters therein;
3. Fails to promptly report to the court a change of his address

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.

All lawyers are expected to recognize the authority of the Supreme Court and obey its lawful processes and orders.
Despite errors which one may impute on the orders of the Court, these must be respected, especially by the bar or the
lawyers who are themselves officers of the courts.

In case of conflict between his duty to the court and his duty to the society and his client, it is his duty to the court that
should take precedence.

The court, in a pending litigation, must be shielded from embarrassment and influence in performing the important duty
of deciding it. On the other hand, once litigation is concluded, the judge who decided on it is subject to the same criticism
as any other public official because then his ruling becomes public property and is thrown open to public consumption.

Rule 11.01 - A lawyer shall appear in court properly attired.

The court can hold a lawyer in contempt of court if he does not appear in proper attire.

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.

The language of a lawyer, both oral and written, must be respectful and restrained in keeping with the dignity of the
legal profession and with his behavioral attitude toward his brethren in the profession. The use of abusive language by
counsel against the opposing counsel constitutes at the same time disrespect to the dignity of the court justice.

A judge should also be courteous to counsel, especially those who are young and inexperienced and to all those
appearing or concerned in the administration of justice.

Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality
to the case.

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Every citizen has the right to comment upon and criticize the actuations of public officer. Such right is especially
recognized where the criticism concerns a concluded litigation because the Court’s actuations are thrown open to public
consumption.

Post litigation utterances or publications made by lawyers, criticals of the courts and their judicial actuations, whether
amounting to a crime or not, which transcend the permissible bounds of fair comment and legitimate criticism
constitute grave professional misconduct which may be visited with disbarment or other less appropriate disciplinary
sanctions by the SC.

It is proper to criticize the courts and judges, but it is improper to subject them to abuse and slander, degrade them or
destroy public confidence in them. Moreover, a lawyer shall not attribute to a judge motives not supported by the record
or have no materiality in the case.

A lawyer’s letter which contains defamatory statements that impaired public confidence in the integrity of the Judiciary
which is directed against the court is not an exercise of free speech; rather, it is an abuse of such right.

A letter furnished to all the members of the SC, even if a copy was not disseminated to the media, does not enjoy the
mantle of right to privacy. Letters addressed to the individual justices in connection with the performance of their
judicial functions become part of the judicial record and are matter of concern for the entire court. The lawyer who sent
such letter may be held liable for indirect contempt for improper conduct tending, directly or indirectly, to impede,
obstruct or degrade the administration of justice.

Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.

NATURE OF THE CASE WHERE TO FILE

Administrative With the Office of the Court Administrator of the SC
Criminal With the Office of the Ombudsman
If it involves Justice of the SC based With the House of Representative and the Senate, in accordance with the
in impeachable offenses Rules on Impeachment

An administrative complaint is not an appropriate remedy where judicial recourse is still available, such as a motion for
reconsideration or a petition for certiorari, unless the assailed order or decision is tainted with fraud, malice or
dishonesty.

CANON 12
A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE.

The filing of another action concerning the same subject matter, in violation of the doctrine of res judicata, runs contrary
to this Canon.

While lawyers owe their entire devotion to the interest of the client and zeal in the defense of their client’s right, they
are also officers of the court, bound to exert every effort to assist in the speedy and efficient administration of justice.
They should not misuse the rules of procedure to defeat the ends of justice or unduly delay a case, impede the execution
of a judgment or misuse court processes.

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 profference. 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.

Asking for extension must be in good faith. Otherwise, it is an obstruction of justice and the lawyer is subject to
discipline. The same rule applies more forcefully to motion for continuance. Postponement is not a matter of right but
of sound judicial discretion.

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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.

A lawyer may talk to his witness before the trial but it is unethical to do so if the client is already on the witness stand
during the trial.

A lawyer may interview a prospective witness for the opposing side in any civil or criminal action without the consent
of opposing counsel or party. However, an adverse party, though he may be used as a witness, is not a witness within
the meaning of the rule permitting a lawyer to interview the witness of the opposing counsel.

Although the law does not forbid an attorney to be a witness and at the same time an attorney in a case, the courts prefer
that counsel should not testify as a witness unless it is necessary and that they should withdraw from the active
management of the case.

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.

Matters to which a lawyer CANNOT testify on

1. When, as an attorney, he is to Testify on the theory of the case;
2. When such would Adversely affect any lawful interest of the client with respect to which confidence has been
reposed on him;
3. Having accepted a Retainer, he cannot be a witness against his client;
4. He cannot serve Conflicting interests; and
5. When he is to violate the Confidence of his client

Matters to which a lawyer CAN testify on

1. On Formal matters, such as the mailing, authentication or custody of instrument and the like;
2. Acting as an Expert on his fee;
3. 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;
4. Acting as an Arbitrator; and
5. Deposition.

CANON 13
A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH
TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.

It is unethical for a lawyer to give an appearance as if he is capable of influencing judges and court personnel. Giving of
gifts to the judges are discouraged as it tend to give an appearance of influencing the conduct of judicial function or
breeding familiarity with judges.

It is reprehensible for a lawyer to wrongfully use the name of the law office for the purpose of “giving more weight and
credit to the pleading.” Motions and pleadings filed in courts are acted upon in accordance with their merits or lack of
it, and not on the reputation of the law firm or the lawyer filing the same.

Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.

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It is improper for a litigant or counsel to see a judge in chambers and talk to him about a matter related to the case
pending in the court of said judge.

Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse
public opinion for or against a party.

Prejudicial Publicity
There must be an allegation and proof that the judges have been unduly influenced, not simply that they might be, by
barrage of publicity.

The restriction does not prohibit issuances of statements by public officials charged with the duty of prosecuting or
defending actions in court.

Once a case is concluded, the judge who decided it is subject to the same criticism as any other public official because
his decision becomes public property and is thrown open to public consumption. The lawyer enjoys a wide latitude in
commenting or criticizing the judge’s decision, provided that such comment or criticism shall be bona fide and not spill
over the bounds of decency and propriety.

Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the government in
the normal course of judicial proceedings.

All lawyers must uphold, respect and support the independence of the judiciary. This independence from interference
is made to apply against all branches and agencies of the government.

CHAPTER IV. THE LAWYER AND THE CLIENT

Characteristics of attorney-client relationship

1. Strictly personal – Prohibits the delegation of work without the client’s consent

2. Highly confidential
a. Communication made in the course of lawyers professional employment; and
b. Communication intended to be confidential.

3. Fiduciary
a. Hold in trust all moneys and properties of his client that may come into his possession;
b. When a lawyer enforces a charging lien against his client, the relationship is terminated; and
c. An attorney cannot represent adverse interest unless the parties consent to the representation after
full disclosure of facts.

The absence of written contract will not preclude a finding that there is a professional relationship. The contract may
be express or implied.

It is sufficient to establish the professional relation, that the advice and assistance of an attorney is sought and received
in any matter pertinent to his profession. An acceptance of the relation is implied on the part of the attorney from his
acting on behalf of his client in pursuance of a request from the latter.

The attorney-client privileged does not cover information concerning a crime or fraud being committed or proposed to
be committed.

CANON 14
A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Lawyer’s right to decline employment

GR: A lawyer is not obliged to act as legal counsel for any person who may wish to become his client. He has the right
to decline employment.

XPNs:
1. A lawyer shall not refuse his services to the needy

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 2. He shall not decline to represent a person solely on account of the latter’s race, sex, creed or status in life or
because of his own opinion regarding the guilt of said person

XPNs to the XPN:

For serious and efficient cause like:
a. If he is not in a position to carryout effectively or competently; and
b. If he labors under a conflict of interest between him and the prospective client

Lawyer’s duty to decline employment

1. A violation of any of the Rules of the legal profession;
2. Advocacy in any manner in which he had intervened while in the government service;
3. Nullification of a Contract which he prepared;
4. Employment with a Collection agency which solicits business to collect claims;
5. Employment, the nature of which might easily be used as a means of Advertising his professional services of
his skill; or
6. Any matter in which he knows or has reason to believe that he or his partner will be an essential witness for
the prospective client.

Q: Is there an instance when a lawyer may accept losing case? (1996, 2001, 2002, 2005 Bar)
a. In criminal case? A lawyer may accept a “losing” criminal case since an accused is presumed to be innocent
until his guilt is proven beyond reasonable doubt. Furthermore, CPR provides that a lawyer shall not decline to
represent a person because of his opinion regarding the guilt of said person. Otherwise innocent persons might
be denied proper defense. It is not the duty of the lawyer to determine whether the accused is guilty or not. The
role of the lawyer is to see to it that his constitutional right to due process is observed.

b. In civil case? A lawyer may also accept a losing civil case, provided that, in so doing, he must not engage in
dilatory tactics and must advise his client about the prospects and advantage of settling the case through a
compromise to the extent of representing indigents, defenseless and the oppressed.

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 serious 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
rendition of free legal aid.

A court may assign an attorney to render professional aid free of charge to any party in case, if upon investigation it
appears that the party is destitute and unable to employ an attorney and that the services of counsel are necessary to
secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney so assigned to render
the required service, unless he is excused therefrom by the court for sufficient cause shown.

Counsel de oficio
1. Members of the bar in good standing;
2. Any person, resident of the province and of good repute for probity and ability, in localities without lawyers

The right to counsel must be more than just the presence of a lawyer in the courtroom or the mere propounding of
standard questions and objections. The right to counsel means that the accused is amply accorded legal assistance
extended by a counsel who commits himself to the cause for the defense and acts accordingly. The right assumes an
active involvement by the lawyer in the proceedings, particularly at the trial of the case, his bearing constantly in mind
of the basic rights of the accused, his being well-versed on the case, and his knowing the fundamental procedures,
essential laws and existing jurisprudence.

It is never enough that accused be simply informed of his right to counsel; he should also be asked whether he wants to
avail himself of one and should be told that he can hire a counsel of his own choice if he so desires or that one can be
provided to him at his request.

A counsel de officio is expected to act with utmost diligence.

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Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if:
a. he is not in a position to carry out the work effectively or competently;
b. he labors under a conflict of interest between him and the prospective client or between a present
client and the prospective client.

Grounds of refusal of appointment to be a Counsel de Oficio

1. Too many de officio cases assigned to the lawyer
2. Conflict of interest
3. Lawyer is not in a position to carry out the work effectively or competently
4. Lawyer is prohibited from practicing law by reason of his public office which prohibits appearances in court
5. Lawyer is preoccupied with too many cases which will spell prejudice to the new clients
6. Health reasons
7. Extensive travel abroad.

NOTE: A lawyer may refuse to handle cases due to these valid reasons. However, he is required to give advice on
preliminary steps if he is asked until the client secures the services of counsel. He shall refrain from giving this
preliminary advice if there is conflict of interest between a present client and a prospective one for extending such legal
advice will create and establish an attorney-client relationship between them and may involve a violation of the rule
prohibiting a lawyer from representing conflicting interest.

Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the
same standard of conduct governing his relations with paying clients.

CANON 15
A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS
WITH HIS CLIENTS.

A lawyer owes absolute fidelity to the cause of his client. He owes his client full devotion to his interest, warm zeal in
the maintenance and defense of his rights. Knowing whether the case would have some prospect of success is not aonly
a function, but also an obligation on the part of the lawyers. If they find that their client’s cause is defenseless then it is
their bounden duty to advise the latter to acquiesce. It also incumbent upon him to excuse all acts and procedures
necessary and incidental to the advancement of his client’s cause of action.

Confidentiality Rule
A lawyer shall preserve the confidences and secrets of his client even after the attorney-client relationship is terminated.
It is one of the duties of the lawyer to maintain inviolate the confidence and at every peril to himself, to preserve the
secrets if his client.

Privileged Communication
Information transmitted by voluntary act of disclosure between attorney and client in confidence and by means of
which, in so far as the client is aware, discloses the information to no third person other than one reasonable necessary
for the transmission of the information or the accomplishment of the purpose for which it was given. It extends to the
attorney’s secretary, stenographer, clerk or agent with reference to any fact acquired in such capacity. It is a perpetual
duty and the communication is absolutely privileged from disclosure.

Requisites of privileged communication

1. There is attorney-client relationship or a kind of consultancy requirement with a prospective client;
2. The communication was made by the client to the lawyer in the course of the lawyer’s professional
employment; and
3. The communication must be intended to be confidential.

The privilege character of the communication ceases only when waived by the client himself or after his death, by his
heir or legal representative.

The client’s identity is privileged where a strong probability exists that revealing the client’s name would implicate that
client in the very activity for which he sought the lawyer’s advice.

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Even if the communication is unprivileged, the rule of ethics prohibits lawyers from voluntarily revealing or using to
his benefit or to that of a third person, to the disadvantage of the client, the said communication unless the client
consents thereto.

Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether
the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the
prospective client.
-CONFLICT OF INTEREST

What is material in determining whether there is a conflict of interest in the representation is probability, not certainty
of conflict.

There is no conflict of interest in a situation where a lawyer represents his present client against his former client, so
long as no confidential information acquired during the previous employment was used against the former client by the
lawyer. The prohibition does not cover a situation where the subject matter of the present engagement is totally
unrelated to the previous engagement of the attorney.

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.

Disclosure of Prospective Client

Matters disclosed by a prospective client to a lawyer are protected by the rule on privileged communication even if the
prospective client does not thereafter retain the lawyer or the latter declines the employment. It covers crimes and
offenses already committed by the client.

Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned given
after a full disclosure of the facts.

Instances when lawyers cannot represent conflicting interest even if the consent of both clients were secured
Where the conflict is:
1. Between the attorney’s interest and that of a client; or
2. Between a private client’s interests and that of the government or any of its instrumentalities.

An attorney may not, without being guilty of professional misconduct, act as counsel for a person or former client. This
rule is absolute that good faith and honest intention on the erring lawyer’s part does not make it inoperative.

The termination of attorney-client relationship provides no justification for a lawyer to represent an interest adverse
to or in conflict with that of the former client. The client’s confidence once reposed should not be divested by the mere
expiration of professional employment.

Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator
in settling disputes.

Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and
probable results of the client's case, neither overstating nor understating the prospects of the case.

Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public official, tribunal or
legislative body.
-INFLUENCE PEDDLING

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness.

Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently with the practice of law
shall make clear to his client whether he is acting as a lawyer or in another capacity.

CANON 16
A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
PROFESSION.

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Money collected by the lawyer on a judgment favorable to his client constitutes trust funds and should be immediately
paid over to the client. While Section 37, Rule 138 of the Rules of Court grants the lawyer a lien upon the funds,
documents and papers of his client, which have lawfully come into his possession, such that he may retain the same
until his lawful fees and disbursements have been paid, and apply such funds to the satisfaction thereof, the lawyer still
has the responsibility to promptly account to his client for such moneys received. Failure to do so constitutes
professional misconduct. Failure of which, the lawyer shall be vulnerable to judicial contempt.

Where a client gives money to his lawyer for a specific purpose, such as to file an action or appeal an adverse judgment,
the lawyer should, upon failure to take such step and spend the money for it, immediately return the money to his client.
Otherwise, he shall be held guilty for gross misconduct.

Prohibition of a Lawyer acquiring client’s property

The following persons cannot acquire or purchase, even at public or judicial auction, either in person or through the
mediation of another:
(5) lawyers, with respect to the property and rights which may be the object of any litigation in which they take part by
virtue of their profession.”

NOTE: This prohibition is entirely independent of fraud and such need not be alleged or proven. It applies only if the
sale or assignment of the property takes place during the pendency of the litigation involving the client’s
property. It does not apply where the conveyance takes place after the judgment.

Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client.
-FIDUCIARY RELATIONSHIP

An attorney derives no undue advantage that may operate to the prejudice or cause an occasion for loss of a client. The
relationship between the lawyer and the client is one of mutual trust and confidence of the highest degree. Being such,
it requires utmost good faith, loyalty, fidelity and disinterestedness on the part of the attorney.

A lawyer must be scrupulously careful in handling money entrusted to him in his professional capacity, because of the
high degree of fidelity and good faith expected on his part.

Lawyer’s inexcusable act of withholding the property of client and imposing unwarranted fees in exchange for release
of documents deserve the imposition of disciplinary action.

A lawyer’s failure to return upon demand the funds or property held by him on behalf of his client gives rise to the
presumption that he has appropriated the same for his own use to the prejudice of, and in violation of the trust reposed
in him by, his client. He may be held liable for estafa.

Costs of Suit
GR: Losing client and not the lawyer is liable for costs of suit in favor of prevailing party, the lawyer not being a party-
litigant.

XPN: Where the lawyer insisted on client’s patently unmeritorious case or interposed an appeal to delay litigation or
thwart prompt satisfaction of prevailing party’s just and valid claim, the court may adjudge lawyer to pay treble costs
of suit.

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.
-CO-MINGLING OF FUNDS

Money or other trust property of the client coming into the possession of the lawyers should be reported by the latter
and account any circumstances, and should not be commingled with his own or be used by him.

Rule 16.03 - A lawyer shall deliver the funds and property 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.

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While this rule provides that the lawyer has the right to retain the funds of his client as may be necessary to satisfy his
lawful fees and disbursements known as attorney’s lien and his lien to the same extent on all judgments and executions
he has secured for his client called charging lien, he is still duty bound to render an accounting of his client’s funds and
property which may come into his possession in the course of his professional employment In the application of
attorney’s lien, a lawyer shall give notice to his client otherwise, the same might be construed as misappropriation
which may subject him to disciplinary action.

Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the
client’s cause.

Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest are fully protected by
the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in
the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.

A lawyer’s act of asking a client for a loan is very unethical. It comes within those acts considered as abuse of client’s
confidence. The canon presumes that the client is disadvantaged by the lawyer’s ability to use all the legal maneuverings
to renege on her obligation.

CANON 17
A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
CONFIDENCE REPOSED IN HIM.

The duty to public service and to the administration of justice should be the primary consideration of lawyers, who
must subordinate their personal interests or what they owe to themselves.

CANON 18
A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not
qualified to render. However, he may render such service if, with the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent on the matter.

The handling lawyer cannot just take another counsel without the consent of the client. The new lawyer on the other
hand cannot just enter his appearance as collaborating counsel without the conformity of the first counsel.

Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection
therewith shall render him liable.

Q: Are the mistakes or negligence of a lawyer binding upon the client? (1998, 2000, 2002 Bar)

A:
GR: Client is bound by attorney’s conduct, negligence and mistake in handling a case or in the management of litigation
and in procedural technique, and he cannot complain that the result might have been different had his lawyer proceeded
differently.

XPNs:
1. Lack of acquaintance with technical aspect of procedure;
2. When adherence thereto results in outright deprivation of client’s liberty or property or where Interest of
justice so requires;
3. Where error by counsel is purely technical which does not substantially affect client’s cause;
4. Ignorance, incompetence, or inexperience of lawyer is so great and error so serious that client, who has a good
cause, is prejudiced and denied a day in court; and
5. Gross negligence of lawyer.

If by reason of the lawyer’s negligence, actual loss has been caused to his client, the latter has a cause of action against
him for damages. However, for the lawyer to be held liable, his failure to exercise reasonable care, skill and diligence
must be proximate cause of the loss.
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Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a
reasonable time to the client's request for information.

The client is entitled to the periodic and full updates from the lawyer on the developments of the case. The lawyer is
obliged to respond within a reasonable time to a client's request for information. A client is entitled to the fullest
disclosure of the mode or manner by which that client's interest is defended or why certain steps are taken or omitted.
A lawyer who repeatedly fails to answer the inquiries or communications of a client violates the rules of professional
courtesy and neglects the client's interests.

Doctrine of imputed knowledge

The knowledge acquired by an attorney during the time that he is acting within the scope of his authority is imputed to
the client. It is based on the assumption that an attorney, who has notice of matter affecting his client, has communicated
the same to his principal in the course of professional dealings.

NOTE: The doctrine applies regardless of whether or not the lawyer actually communicated to the client what he
learned in his professional capacity, the attorney and his client being one judicial person.

Notice to counsel is notice to client, but not vice versa if the latter appeared by attorney
GR: The law requires that service of any notice upon a party who has appeared by attorney shall be made upon his
attorney. Notice sent to a party who has appeared by counsel is not notice in law, it being immaterial that the client
actually received the notice or volunteered to get a copy thereof.

XPNs:
1. Strict application might foster dangerous collusion to the detriment of justice;
2. Service of notice upon party instead of upon his attorney is ordered by the court;
3. Notice of pre-trial is required to be served upon parties and their respective lawyers; and
4. In appeal from the lower court to the RTC, upon docketing of appeal.

CANON 19
A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

An attorney willfully appearing in court for a person without being employed, unless by leave of court, may be punished
for contempt as an officer of the court. The client may ratify, expressly or impliedly, the authority of the lawyer to
represent him.

A lawyer has authority to bind the client in all matters of ordinary judicial procedure. The cause of action, the claim or
demand sued upon and the subject matter of the litigation are within the exclusive control of the client. A client may
waive, surrender, dismiss, or compromise any of his rights involved in litigation in favor of the other party even without
or against the consent of his attorney.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and
shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.

A lawyer should not file or threaten to file any unfounded or baseless criminal case or cases against the adversaries of
his client designed to secure a leverage to compel the adversaries to yield or withdraw their own cases against the
lawyer’s client.

Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing
which he shall terminate the relationship with such client in accordance with the Rules of Court.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.

Who has control over the case

1. As to matters of procedure - it is the client who yields to the lawyer and not the lawyer yielding to the client
NOTE: The basis of this rule is that the lawyer is better trained and skilled in law.
2. As to subject matter - the client is in control

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Authority of counsel to compromise
GR: The attorney has no authority to compromise his client’s case. This is so because the client, even if represented by
counsel, retains exclusive control over the subject matter of the litigation. The client can, of course, authorize his lawyer
to compromise his case, and the settlement made by the lawyer will bind his client.

XPNs:
1. When the lawyer is confronted with an emergency where prompt and urgent action is necessary to protect the
interest of his client and there is no opportunity for consultation with the latter.
2. Settlement of monetary obligation to client is full payment in cash.

CANON 20
A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
-ATTORNEY’S FEES

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
a. the time spent and the extent of the service rendered or required;
b. the novelty and difficulty of the questions involved;
c. The importance of the subject matter;
d. The skill demanded;
e. The probability of losing other employment as a result of acceptance of the proffered case;
f. The customary charges for similar services and the schedule of fees of the IBP chapter to which he
belongs;
g. The amount involved in the controversy and the benefits resulting to the client from the service;
h. The contingency or certainty of compensation;
i. The character of the employment, whether occasional or established; and
j. The professional standing of the lawyer.

Kinds of payment
1. Fixed or absolute fee that which is payable regardless of the result of the case.
a. A fixed fee payable per appearance
b. A fixed fee computed upon the number of hours spent
c. A fixed fee based on piece work
d. Combination of any of the above

2. Contingent fee –a fee that is conditioned on the securing of a favorable judgment and recovery of money or
property and the amount of which may be on a percentage basis.

A pauper, while exempted from payment of legal fees is not exempted from the payment of attorney’s fees.

The imposition of interest in the payment of attorney’s fees is not justified. The written contract of services shall control
the amount to be paid therefor, unless found by the court to be unconscionable or unreasonable.

Retainer
1. This is the act of the client by which he employs a lawyer to manage for him a cause to which he is a party, or
otherwise to advise him as counsel;
2. It also refers to a fee which the client pays his attorney whom he retains.

NOTE: The retainer of a member of a law firm is equivalent to the retainer of the form itself. Thus, if the said member
dealt with dies or is incapacitated to render service, the law firm is bound to provide a substitute. On the other hand,
such rule is not applicable if the lawyer was retained alone, without knowledge that he belonged to a law firm.

Retaining fee
A retaining fee is a preliminary fee given to an attorney or counsel to insure and secure his future services, and induce
him to act for the client.

Kinds of Retainer Agreements on Attorney’s Fees

1. General retainer or retaining fee – It is the fee paid to a lawyer to secure his future services as general counsel
for any ordinary legal problem that may arise in the ordinary business of the client and referred to him for legal

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 action. The client pays fixed retainer fees, which could be monthly or otherwise. The fees are paid whether or
not there are cases referred to the lawyer;
2. Special retainer – It is a fee for a specific or particular case or service rendered by the lawyer for a client.

Instances when the measure of quantum meruit may be resorted to (2007 Bar)
1. There is no express contract for payment of attorney’s fees agreed upon between the lawyer and the client;
2. Although there is a formal contract for attorney’s fees, the stipulated fees are found unconscionable or
unreasonable by the court;
3. The contract for attorney’s fees is void due to purely formal matters or defects of execution;
4. The counsel, for justifiable cause, was not able to finish the case to its conclusion;
5. Lawyer and client disregard the contract for attorney’s fees; and
6. The client dismissed his counsel before the termination of the case.

A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. If a lawyer
should refuse to intervene in a settlement proceeding, his entitlement to his attorney's fees may be affected. However,
if he has already rendered some valuable services to the client, he must be paid his attorney's fees on the basis of
quantum meruit, even if it is assumed that he is dismissed.

A trial judge may not order the reduction of the attorney’s fees on the ground that the attorney is “below average
standard of a lawyer.” The opinion of the judge as to the capacity of a lawyer is not a basis of the right to a lawyer’s fees.

An acceptance fee is not a contingent fee, but is an absolute fee arrangement which entitles a lawyer to get paid for his
efforts regardless of the outcome of the litigation.

Contingency fee contract

One which stipulates that the lawyer will be paid for his legal services only if the suit or litigation ends favorably to the
client.
If a lawyer employed on contingent basis dies or becomes disabled before the final adjudication or settlement of the
case has been obtained, he or his estate will be allowed to recover the reasonable value of the services rendered. The
recovery will be allowed only after the successful termination of the litigation in the client’s favor.

Champertous contract
Is one where the lawyer stipulates with his client in the prosecution of the case that he will bear all the expenses for the
recovery of things or property being claimed by the client, and the latter agrees to pay the former a portion of the thing
or property recovered as compensation. It is void for being against public policy (like gambling).

CONTINGENT CONTRACT CHAMPERTOUS CONTRACT

Payable in cash – dependent on the success of the Payable in kind - a portion of the thing or property
litigation recovered as compensation
Lawyers do not undertake to pay all expenses of Lawyers undertake to pay all expenses of litigation
litigation
Valid Void

Attorney’s retaining lien

A retaining lien is the right of an attorney to retain the funds, documents and papers of his client who have lawfully
come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may
apply such funds to the satisfaction thereof.

Requisites in order for an attorney to be able to exercise his retaining lien

1. Attorney-client relationship;
2. Lawful possession by the lawyer of the client’s funds, documents and papers in his professional capacity; and
3. Unsatisfied claim for attorney’s fees or disbursements.

Attorney’s charging lien

A charging lien is the right of a lawyer to the same extent upon all judgments for the payment of money, and executions
issued in pursuance of such judgments which he has secured in a litigation of his client and he shall have the same right
and power over such judgments and executions as his client would have to enforce his lien and secure the payment of
his fees and disbursements.

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Requisites in order for an attorney to be able to exercise his charging lien
1. Existence of attorney-client relationship;
2. The attorney has rendered services;
3. Favorable money judgment secured by the counsel for his client;
4. The attorney has a claim for attorney’s fees or advances; and
5. A statement of the claim has been duly recorded in the case with notice thereof served upon the client and the
adverse party.

A charging lien, to be enforceable as a security for the payment of attorney’s fees, requires as a condition sine qua non a
judgment for money and execution in pursuance of such judgment secured in the main action by the attorney in favor
of his client.

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in
proportion to the work performed and responsibility assumed.

Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward,
costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his
professional employment from anyone other than the client.

A lawyer who rendered services to a party, who did not employ him nor authorize his employment cannot recover
compensation even if his services have redounded to the benefit of such party.

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice or fraud.

Kinds of lawyer according to services rendered and the compensation they are entitled to
1. Counsel de parte – He is entitled to the reasonable attorney’s fees agreed upon, or in the absence thereof, on
quantum meruit basis.
2. Counsel de officio – The counsel may not demand from the accused attorney’s fees even if he wins the case.
He may, however, collect from the government funds, if available based on the amount fixed by the court.
3. Amicus Curiae – not entitled to attorney’s fees.

Two concepts of attorney’s fees

1. Ordinary attorney's fee – The reasonable compensation paid to a lawyer by his client for the legal services he
has rendered to the latter
NOTE: The basis for this compensation is the fact of his employment by and his agreement with the client.
2. Extraordinary attorney's fee – An indemnity for damages ordered by the court to be paid by the losing party
in litigation in favor of the winning party

Rules on extraordinary concept of attorney’s fees

GR: Attorney’s fees as damages are not recoverable. An adverse decision does not ipso facto justify their award in favor
of the winning party.

XPNs: Attorney’s fees in the concept of damages may be awarded in any of the following circumstances:
1. When there is an agreement;
2. When exemplary damages are awarded;
3. When defendant’s action or omission compelled plaintiff to litigate;
4. In criminal cases of malicious prosecution
a. Plaintiff was acquitted; and
b. The person who charged him knowingly made the false statement of facts or that the filing was
prompted by sinister design to vex him;
5. When the action is clearly unfounded;
6. When defendant acted in gross and evident bad faith;
7. In actions for support;
8. In cases of recovery of wages;
9. In actions for indemnity under workmen’s compensation and employee’s liability laws;
10. In a separate civil action arising from a crime;
11. When at least double costs are awarded (costs of suit does not include attorney’s fees);
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 12. When the court deems it just and equitable; and
13. When a special law so authorizes.

CANON 21
A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED.

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
a. When authorized by the client after acquainting him of the consequences of the disclosure;
The only instance where the waiver of the client alone is insufficient is when the person to be examined with
reference to any privileged communication is the attorney’s secretary, stenographer or clerk, in respect to
which, the consent of the attorney is likewise necessary.
b. When required by law;
c. When necessary to collect his fees or to defend himself, his employees or associates or by judicial
action.

Payment of retainer fee is not essential before an attorney can be required to safeguard a prospective client’s secret
acquired by the attorney during the course of the consultation with the prospective client, even if the attorney did not
accept the employment.

Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of
employment, nor shall he use the same to his 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 consent of his client, give information from his files to an
outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or
any similar purpose.

Confidential information obtains even against government agencies and instrumentalities.

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless
prohibited by the client.

Professional employment of a law firm is equivalent to the retainer of the member thereof.

Privileged communication rule with regard to the identity of his client

GR: A lawyer may not invoke privileged communication to refuse revealing a client’s identity.

XPNs:
1. When there is a strong possibility that revealing the client’s name would implicate the client in the very activity
for which he sought the lawyer’s advice;
2. When disclosure would open the client to civil liability; or
3. When the government’s lawyers have no case against an attorney’s client and revealing the client’s name would
furnish the only link that would come from the chain of testimony necessary to convict him.

The lawyer-client relationship did not terminate as of the date of the compromise agreement, for the fact remained that
he still needed to oversee the implementation of the settlement as well as to proceed with the criminal cases until they
were dismissed or otherwise concluded by the trial court. It is also relevant to indicate that the execution of a
compromise settlement in the criminal cases did not ipso facto cause the termination of the cases not only because the
approval of the compromise by the trial court was still required, but also because the compromise would have applied
only to the civil aspect, and excluded the criminal aspect.

Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are
utilized by him, from disclosing or using confidences or secrets of the clients.

Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his
family.

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Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible
conflict of interest.

CANON 22
A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN
THE CIRCUMSTANCES.

Right to withdraw
GR: A lawyer lacks the unqualified right to withdraw once he has taken a case. By his acceptance, he has impliedly
stipulated that he will prosecute the case to its conclusion. This is especially true when such withdrawal will work
injustice to a client or frustrate the ends of justice.

XPNs: The right of a lawyer to retire from the case before its final adjudication, which arises only from:
1. The client’s written consent; or
2. By permission of the court after due notice and hearing.

A client has the right to discharge his attorney any time with or without a cause or even against his consent.

Rule 22.01 - A lawyer may withdraw his services in any of the following case:
a. When the client pursues an illegal or immoral course of conduct in connection with the matter he is
handling;
b. When the client insists that the lawyer pursue conduct violative of these canons and rules;
c. When his inability to work with co-counsel will not promote the best interest of the client;
d. When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;
e. When the client deliberately fails to pay the fees for the services or fails to comply with the retainer
agreement;
f. When the lawyer is elected or appointed to the public office; and
g. Other similar cases.

Procedure to follow when withdrawal is without client’s consent

1. File a petition for withdrawal in court.
2. Serve a copy of this petition upon his client and the adverse party at least 3 days before the date set for hearing.

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over
all papers and property to which the client is entitled, and shall cooperative with his successor in the orderly
transfer of the matter, including all information necessary for the proper handling of the matter.

NEW CODE OF JUDICIAL ETHICS

CANON 1
INDEPENDENCE

Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall
therefore uphold and exemplify judicial independence in both its individual and institutional aspects.

Section 1 - Judges shall exercise the judicial function independently on the basis of their assessment of the facts
and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement,
pressure, threat or interference, direct or indirect, from any quarter or for any reason.

Section 2 - In performing judicial duties, Judges shall be independent from judicial colleagues in respect of
decisions which the judge is obliged to make independently.

Section 3 - Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending
before another court or administrative agency.

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Principle of Subjudice
A judge is prohibited from making public statements in the media regarding a pending case so as not to arouse public
opinion for or against a party.

Any attempt, whether successful or not, to influence the decision-making process of another judge, especially one who
is of lower rank and over whom a judge exercises supervisory authority constitutes serious misconduct.

The interference in the decision-making process of another judge is a breach of contract so serious as to justify dismissal
from service based only on preponderance of evidence.

Section 4 - Judges shall not allow family, social, or other relationships to influence judicial conduct or judgment.
The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or
permit others to convey the impression that they are in a special position to influence the judge.

The term “judge’s family” includes:

1. Judge’s spouse
2. Son/s
3. Daughter/s
4. Son/s-in-law
5. Daughter/s-in-law
6. Other relatives by consanguinity or affinity within the sixth civil degree, or
7. Any person who is a companion or employee of the judge and who lives in the judge’s household.

When the judge is related to one of the parties within the sixth degree of consanguinity or affinity or related to the
counsel within the fourth civil degree of consanguinity and affinity, a judge’s disqualification to sit in a case is
mandatory.

Section 5 - Judges shall not only be free from inappropriate connections with, and influence by, the executive
and legislative branches of government, but must also appear to be free therefrom to a reasonable observer.

An executive judge has no authority to cause the transfer of court employees as the jurisdiction to do so is lodged upon
the SC through the Office of the Court Administrator. A judge shall be free from inappropriate connections with and
influence from the executive and legislative branch.

The receipt of allowances and assistance from a local government unit may affect the judge’s ability to rule
independently in cases involving the said unit.

Section 6 - Judges shall be independent in relation to society in general and in relation to the particular parties
to a dispute which he or she has to adjudicate.

Section 7 - Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to
maintain and enhance the institutional and operational independence of the judiciary.

Section 8 - Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public
confidence in the judiciary which is fundamental to the maintenance of judicial independence.

CANON 2
INTEGRITY

Integrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor of judges.

Section 1 - Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in
the view of a reasonable observer.

A judge’s personal behavior, both in the performance of his duties and his daily life, must be free from any appearance
of impropriety as to be beyond reproach.

Section 2 - The behavior and conduct of judges must reaffirm the people's faith in the integrity of the judiciary.
Justice musty not merely be done but must also be seen to be done.
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A judge has the duty to not only render a just and impartial decision, but also render it in such a manner as to be free
from any suspicion as to its fairness and impartiality, and also as to the judge’s integrity.

A judge writing to resolve a dispute, whether trial or appellate, is exempted from a charge of plagiarism even if ideas,
words or phrases from a law review article, novel thoughts published in a legal periodical or language from a party’s
brief are used without giving attribution. Thus, judges are free to use whatever sources they deem appropriate to
resolve the matter before them, without fear of reprisal.

Section 3 - Judges should take or initiate appropriate disciplinary measures against lawyers or court personnel
for unprofessional conduct of which the judge may have become aware.

A judge may summarily punish any person including lawyers and court personnel, for direct contempt for misbehavior
committed in the presence of or so near a court or a judge as to obstruct or interrupt the proceedings before the same.

He may also punish any person for indirect contempt after appropriate charge and hearing, for acts enumerated under
Section 3, Rule 71 of the Rules of Court.

A judge cannot dismiss court personnel. The power to dismiss a court employee is vested in the Supreme Court.

It is well-settled that if the law involved is basic, ignorance constitutes “lack of integrity”. Violating basic legal principles
and procedure is gross ignorance of the law.

CANON 3
IMPARTIALITY

Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself but also to
the process by which the decision to made.

Principle of cold neutrality of an impartial judge

While a judge should possess proficiency in law in order that he can competently construe and enforce the law, it is
more important that he should act and behave in such a manner that the parties before him should have confidence in
his impartiality.

A judge has both duties to render a just decision and doing it in a manner completely free from suspicion as to his
fairness and to his integrity.

Section 1 - Judges shall perform their judicial duties without favor, bias or prejudice.

It is the duty of all judges not only to be impartial but also to appear impartial.

For a judge to be inhibited, allegations of partiality and pre-judgment must be proven by clear and convincing evidence.
Allegations and perceptions of bias from the mere tenor and language of a judge are insufficient to show pre-judgment.
Moreover, as long as opinions formed in the course of judicial proceedings are based on the evidence presented and the
conduct observed by the judge, such opinion – even if later found to be erroneous on appeal or made with grave abuse
of discretion on certiorari –will not necessarily prove personal bias or prejudice on the part of the judge.

Section 2 - Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances the
confidence of the public, the legal profession and litigants in the impartiality of the judge and of the judiciary.

Section 3 - Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on which it
will be necessary for them to be disqualified from hearing or deciding cases.

Section 4 - Judges shall not knowingly, while a proceeding is before, or could come before them, make any
comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest
fairness of the process. Nor shall judges make any comment in public or otherwise that might affect the fair
trial of any person or issue.

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The motion to inhibit a judge must be denied if file after a member of the court had already rendered his opinion on the
merits of the case.

Judges and justices are not disqualified from participating in a case just because they have written legal articles in the
law involved in the case.

Not all comments are impermissible. Judges may express their open-mindedness regarding a pending issue in cases
where the judge’s comments do not necessarily favor one side over the other.

Section 5 - Judges shall disqualify themselves from participating in any proceedings in which they are unable
to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to
decide the matter impartially. Such proceedings include, but are not limited to, instances where:
1. The judge has actual bias or prejudice concerning a party or personal knowledge of disputed
evidentiary facts concerning the proceedings;
2. The judge previously served as a lawyer or was a material witness in the matter in controversy;
3. The judge, or a member of his or her family, has an economic interest in the outcome of the matter in
controversy;
4. The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in
controversy, or a former associate of the judge served as counsel during their association, or the judge
or lawyer was a material witness therein;
5. The judge's ruling in a lower court is the subject of review;
6. The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to
counsel within the fourth civil degree notwithstanding lack of pecuniary interest in the case; or
7. The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other
interest that could be substantially affected by the outcome of the proceeding.

The Rules of Court prevents judges from trying cases where they acted as counsel without the consent of the parties.
The prohibition does not only cover hearings but all judicial acts – orders, resolutions.

Section 6 - A judge disqualified as stated above may, instead of withdrawing from the proceeding, disclose on
the records the basis of disqualification. If, based on such disclosure, the parties and lawyers independently of
the judge's participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial,
the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be
incorporated in the record of the proceedings.

Grounds for mandatory disqualification

1. When he, or his wife, or child is pecuniarily interested as heir, legatee, creditor, or otherwise;
2. When he is related to either party within the 6th degree of consanguinity or affinity or to counsel within the
4th civil degree;
3. When he has been an executor, guardian, administrator, trustee, or counsel; or
4. When he has presided in an inferior court where his ruling or decision is subject to review, without the written
consent of the parties.

The filing of an administrative case against a judge does not automatically disqualify him from sitting in a case. It must
be shown that there are other acts or conducts by the judge which constitute a ground for his disqualification.

A judge may by mandamus be compelled to act on questions regarding his disqualification from sitting in a case.

Time to file the petition to disqualify a judge

It must be filed before rendition of the judgment, and cannot be raised on appeal. Otherwise, the parties are deemed to
have waived any objection regarding the impartiality of the judge.

A judge should decide a case on the basis of the evidence presented before him and not on extraneous matters. The
judge, however, is not precluded from testifying about his personal knowledge of the case. After disqualifying himself,
he can be presented as a witness in the case before the substitute judge.

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Inhibition
An act when a judge personally prevents himself from taking cognizance of the case. This is made through a written
petition to inhibit which shall state the grounds for the same. The explanation of the judge whether or not to take
cognizance of the case must also be in writing. If the judge inhibits himself from taking cognizance of the case, the same
cannot be appealed.

The judge may not voluntarily inhibit himself by the mere fact that a lawyer recommended him to the bench. Inhibition
is not allowed at every instance that a friend, classmate, associate or patron of a presiding judge appears before him as
counsel for one of the parties to a case. ‘Utang na loob’ per se, should not be a hindrance to the administration of justice.
Nor should recognition of such value in Philippine society prevent the performance of one’s duties as judge. However,
in order to avoid any suspicion of partiality, it is better for the judge to voluntarily inhibit himself.

Mere intervention of the respondent judge during the hearing of preliminary injunction by simply asking the materiality
of a question directed upon the witness and ruling against the petitioners are within the prerogatives and powers of the
judge. The fact that the judge asked questions in the course of the trial does not make him a biased judge.

Requirements for a judge to continue hearing a case despite the existence of reasons for disqualifications
1. The bona fide disclosure to the parties in litigation; and
2. The express acceptance by all the parties of the cited reason as not material or substantial.

CANON 4
PROPRIETY

Propriety and the appearance of propriety are essential to the performance of all the activities of a judge.

Section 1 - Judges shall avoid impropriety and the appearance of impropriety in all of their activities.

As subject of public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by ordinary
citizens and should do so freely and voluntarily.

Section 2 - As a subject of constant public scrutiny, judges must accept personal restrictions that might be
viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges
conduct themselves in a way that is consistent with the dignity of the judicial office.

Judges are not prohibited from joining or maintaining an account in social networking sites. Like any other citizen, they
are entitled to freedom of expression. However, in the exercise of such freedom, they should always conduct themselves
in a manner that preserves the dignity of the judicial office and the impartiality and independence of the judiciary.

Section 3 - Judges shall, in their personal relations with individual members of the legal profession who practice
regularly in their court, avoid situations which might reasonably give rise to the suspicion or appearance of
favoritism or partiality.

Section 4 - Judges shall not participate in the determination of a case in which any member of their family
represents a litigant or is associated in any manner with the case.

Section 5 - Judges shall not allow the use of their residence by a member of the legal profession to receive clients
of the latter or of other members of the legal profession.

Section 6 - Judges, like any other citizen, are entitled to freedom of expression, belief, association and assembly,
but in exercising such rights, they shall always conduct themselves in such a manner as to preserve the dignity
of the judicial office and the impartiality and independence of the judiciary.

It is reprehensible for a judge to humiliate a lawyer, litigant or witness. Judges are demanded to be always temperate,
patient and courteous both in the conduct and language. He must choose his words, written or spoken, with utmost care
and sufficient control. It does not matter whether inappropriate words or expressions are directed to a particular
person, as they give the impression of a person’s ill manners.

Section 7- Judges shall inform themselves about their personal fiduciary financial interests and shall make
reasonable efforts to be informed about the financial interests of members of their family.
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Section 8 -Judges shall not use or lend the prestige of the judicial office to advance their private interests, or
those of a member of their family or of anyone else, nor shall they convey or permit others to convey the
impression that anyone is in a special position improperly to influence them in the performance of judicial
duties.

Judges shall not use or lend the prestige of the judicial office to advance their private interests for those of a member of
a family.

Ticket Fixing
It is misconduct in which judges impermissibly take advantage of their public position to avoid punishment for traffic
violations.

Section 9 - Confidential information acquired by judges in their judicial capacity shall not be used or disclosed
for any other purpose NOT related to their judicial duties.

Court records do not only refer to the orders, judgments, or verdict of courts but comprise the official collection of all
papers, exhibits, pleadings filed by the parties, all processes issued and returns made thereon, appearances, and word-
for-word testimony which took place during the trial and which are in the possession, custody, or control of the judiciary
or the courts.

Records of cases are necessarily confidential, and to preserve their integrity and confidentiality, access thereto ought
to be limited only to the judge, the parties or their counsel and the appropriate court personnel in charge of the custody
of said records.

Section 10 - Subject to the proper performance of judicial duties, judges may:

1. Write, lecture, teach and participate in activities concerning the law, the legal system, the
administration of justice or related matters;
2. Appear at a public hearing before an official body concerned with matters relating to the law, the legal
system, the administration of justice or related matters;
3. Engage in other activities if such activities do not detract from the dignity of the judicial office or
otherwise interfere with the performance of judicial duties.

This section allows the judge to participate in legal academia and public discourse on legal matters with the proviso
that there shall be no interference in the performance of the judge’s primary functions with respect to his or her
jurisdiction. In dealing with the media, however, the Philippine Judicial Academy suggests that a judge or court should
avoid acrimonious debate with reporters and the public. However, as limitation, it prohibits judges from being
designated to any agency performing quasi-judicial or administrative functions.

A judge may engage in private business without the written consent or permission of the Supreme Court.

Section 11 - Judges shall not practice law whilst the holder of judicial office.

Section 12 - Judges may form or join associations of judges or participate in other organizations representing
the interests of judges.

Section 13 - Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan or
favor in relation to anything done or to be done or omitted to be done by him or her in connection with the
performance of judicial duties.

Section 14 - Judges shall not knowingly permit court staff or others subject to their influence, direction or
authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done or to be done or
omitted to be done in connection with their duties or functions.

It is intended to assure that what the judge cannot do directly, like soliciting gifts, may not be done indirectly through
the use of the employees or staff members.

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Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment,
loan or anything of money value from any person in the course of their official duties or in connection with any operation
being regulated by, or any transaction which may be affected by the functions of their office.

Section 15 - Subject to law and to any legal requirements of public disclosure, judges may receive a token gift,
award or benefit as appropriate to the occasion on which it is made provided that such gift, award or benefit
might not reasonably be perceived as intended to influence the judge in the performance of judicial duties or
otherwise give rise to an appearance of partiality.

Gifts and grants allowed from foreign countries

1. The acceptance and retention by a public official or employee of a gift of nominal value tendered and received
as a souvenir or mark of courtesy;
2. The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or
medical treatment; or
3. The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely
outside the Philippines (such as allowances, transportation, food and lodging) of more than nominal value if
such acceptance is appropriate or consistent with the interest of the Philippines, and permitted by the head
office, branch or agency to which the judge belongs.

CANON 5
EQUALITY

Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial office.

Section 1 - Judges shall be aware of, and understand, diversity in society and differences arising from various
sources, including but not limited to race, color, sex, religion, national origin, caste, disability, age, marital
status, sexual orientation, social and economic status and other like causes.

Section 2 - Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or
prejudice towards any person or group on irrelevant grounds.

Section 3 - Judges shall carry out judicial duties with appropriate consideration for all persons, such as the
parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground,
immaterial to the proper performance of such duties.

Section 4 - Judges shall not knowingly permit court staff or others subject to his or her influence, direction or
control to differentiate between persons concerned, in a matter before the judge on any irrelevant ground.

Section 5 - Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words
or conduct, bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in
proceedings and may be the subject of legitimate advocacy.

CANON 6
COMPETENCE AND DILIGENCE

Competence and diligence are prerequisites to the due performance of judicial office.

As member if the judiciary, judges sought to know the fundamental legal principles; otherwise, they are susceptible to
administrative sanction for gross ignorance of the law.

Section 1 - The judicial duties of a judge take precedence over all other activities.

Duties of a judge under this section

1. A judge must perform his judicial duties with regard to a case where he is not disqualified to do so and, may
not divest himself of such case if he is not so disqualified; and
2. A judge shall not inhibit himself simply to avoid sitting on difficult or controversial cases.

A judge is the visible representation of the law, and more importantly of justice; he or she must, therefore, be the first
to follow the law and weave an example for the others to follow. For a judge to exhibit indifference to a resolution
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requiring him to comment on the accusations in the complaint thoroughly and substantially is gross misconduct, and
may even be considered as outright disrespect for the Court. The office of the judge requires him to obey all the lawful
orders of his superiors. After all, a resolution of the Supreme Court is not a mere request and should be complied with
promptly and completely. Such failure to comply accordingly betrays not only a recalcitrant streak in character, but has
likewise been considered as an utter lack of interest to remain with, if not contempt of the judicial system.

Respondents in administrative complaints should comment on all accusations or allegations against them in the
administrative complaints because it is their duty to preserve the integrity of the judiciary. Failure of which constitutes
no less than clear acts of defiance against the Court’s authority or a deliberate disrespect and indifference to the
authority of the Court.

Section 2 - Judges shall devote their professional activity to judicial duties, which include not only the
performance of judicial functions and responsibilities in court and the making of decisions, but also other tasks
relevant to the judicial office or the court's operations.

Public officials are prohibited from performing or agreeing to perform functions or services outside of their official
functions for the reason that the entire time of the officials and employees of the judiciary shall be devoted to their
official work to ensure the efficient and speedy administration of justice.

A judge is charged with extra care in ensuring that records of the cases and official documents in his custody are intact.
Moreover, judges must adopt a system of record management, and organize their dockets in order to bolster the prompt
and efficient dispatch of business.

A judge should always be a symbol of rectitude and propriety, and should always comport himself in a manner that will
raise no doubt whatsoever about his honesty.

Section 3 - Judges shall take reasonable steps to maintain and enhance their knowledge, skills and personal
qualities necessary for the proper performance of judicial duties, taking advantage for this purpose of the
training and other facilities which should be made available, under judicial control, to judges.

Section 4 - Judges shall keep themselves informed about relevant developments of international law, including
international conventions and other instruments establishing human rights norms.

Norms of international law have become the concern of judges because they form part of legal standards by which their
competence and diligence are to be measured.

Section 5 - Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly
and with reasonable promptness.

A judge’s foremost consideration is the administration of justice. All cases or matters filed before all lower courts shall
be decided or resolved within 90 days from the time the case is submitted for decision. Failure to comply thereof
constitutes a serious violation of the constitutional right of the parties for speedy disposition of cases.

The mandate to promptly dispose of cases or matters also applies to motions or interlocutory matters or incidents
pending before the magistrate. Unreasonable delay of a judge in resolving a pending incident is a violation of the norms
of judicial conduct and constitutes gross inefficiency that warrants the imposition of an administrative sanction.

FLAG LAWYER
A lawyer of NGOs and people’s organizations who by nature of his work already renders free legal aid to indigent and
pauper litigants.

Section 6 - Judges shall maintain order and decorum in all proceedings before the court and be patient, dignified
and courteous in relation to litigants, witnesses, lawyers and others with whom the judge deals in an official
capacity. Judges shall require similar conduct of legal representatives, court staff and others subject to their
influence, direction or control.

Section 7 - Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.

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A judge shall not accept duties that will interfere with his devotion to the expeditious and proper administration of his
official functions.

DISCIPLINE OF THE MEMBERS OF THE JUDICIARY

Power to discipline members of the bench
The Supreme Court shall have the administrative supervision over all courts and the personnel. The Court en banc has
the power to discipline all judges of lower courts including justices of the Court of Appeals.

A judge may be disciplined for acts committed before his appointment to the judiciary.

Administrative complaint is NOT an appropriate remedy where judicial recourse is still available
Disciplinary and criminal actions against a judge, are not complementary or suppletory of, nor a substitute for, judicial
remedies, whether ordinary or extraordinary. Judicial recourse such as a motion for reconsideration, an appeal, a
petition for certiorari, or an administrative complaint is not appropriate, unless the assailed order or decision is tainted
with fraud, malice, or dishonesty.

Institution of proceedings for the discipline of judges

Proceedings for the discipline of judges of regular and special courts and justices of the Court of Appeals and the
Sandiganbayan may be instituted:
1. Motu proprio by the Supreme Court;
2. Upon a verified complaint filed before the Supreme Court supported by:
a. Affidavit of persons who have personal knowledge of the facts alleged therein; or
b. Documents which may substantiate said allegations.
3. Anonymous complaint supported by public records of indubitable integrity filed with the Supreme Court.

Form and content of the complaint

The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of
standards of conduct prescribed for judges by law, the Rules of Court, or the Code of Judicial Conduct.

The retirement of a judge or any judicial officer from service does not preclude the finding of any administrative liability
to which he should still be answerable. Also, the withdrawal or recantation of the complaint does not necessarily result
in the dismissal of the case. The court retains its jurisdiction either to pronounce the respondent officially innocent of
the charges or declare him guilty thereof.

The ground for removal of a judicial officer should be established beyond reasonable doubt. Such is the rule where the
charge on which the removal is sought is misconduct in office, willful neglect, corruption or incompetence. The general
rules in regard to admissibility of evidence in criminal trials apply.

Suspension pendent elite does not apply to judges. Grievance procedures under the Rules of Court does not apply to
justices and judges.

Rules on the liability of judges

GR: A judge is not liable administratively, civilly, or criminally, when he acts within his legal powers and jurisdiction,
even though such acts are erroneous so long as he acts in good faith. In such a case, the remedy of aggrieved party is not
to file an administrative complaint against the judge but to elevate the error to a higher court for review and correction.

XPN: Where an error is gross or patent, deliberate and malicious, or is incurred with evident bad faith; or when there
is fraud, dishonesty, or corruption.

Promotion as a judge during the pendency of administrative case committed while still a Clerk of Court cannot be
considered either as a mitigating or an exculpatory circumstance to excuse him from any administrative liability. A
judge is still bound by the same principle enshrined in Section 1, Article XI of the Constitution, which states that a public
office is a public trust, and all public officers and employees must at all times be accountable to the people, serve them
with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

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 SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS
The power to disbar and to reinstate is an inherent judicial function. The CA and the RTC cannot disbar a lawyer. Only
the Supreme Court can disbar a lawyer.

Administrative cases against lawyers belong to a class of their own or sui generis. Being as such, the defense of in pari
delicto is immaterial. The administrative case is about the lawyer’s conduct.

No investigation for the disbarment case shall be interrupted or terminated by reason of the desistance, settlement,
compromise, restitution, withdrawal of the charges or failure of the complainant to prosecute the same unless the
Supreme Court motu proprio or upon recommendation of the IBP Board of Governors determines that there is no
compelling reason to continue with the proceedings. An administrative investigation of a lawyer is sui generis, neither
a civil nor criminal proceeding. An affidavit of desistance has no place in it. The complainant in a disbarment case is not
a direct party to the case, but a witness who brought the matter to the attention of the court.

Disbarment should not be decreed where any punishment less severe such as reprimand, suspension or dine would
accomplish the end desired.

Specific grounds for suspension or disbarment of a lawyer – not exclusive

1. Deceit;
2. Malpractice;
3. Grossly immoral conduct;
4. Conviction of a crime involving moral turpitude;
5. Violation of oath of office;
6. Willful disobedience of any lawful order of a superior court;
7. Corrupt or willful appearance as an attorney for a party to a case without authority to do so;
8. Non-payment of IBP membership dues
9. Acquisition of interest in the subject matter of the litigation, either through purchase or assignment;
10. Breach of professional duty, inexcusable negligence, or ignorance, or for the revelation of the client’s secrets;
11. Representing conflicting interests

Lawyer’s misconduct committed prior and after admission to the bar and its effects
1. PRIOR to admission to the bar - acts of misconduct prior to admission include those that indicate that at the
time the lawyer took his oath, he did not possess the required qualifications for membership in the bar.
Consequently, the cancellation of his license is justified.
2. AFTER admission to the bar - those which cause loss of moral character on his part or involve violation of his
duties to the court, his client, to the legal profession and to the public.

NOTE: Disbarment is merited when the action is not the lawyer’s first ethical infraction of the same nature.

Other grounds for discipline

1. Non-professional misconduct
GR: A lawyer may not be suspended or disbarred for misconduct in his non-professional or private capacity.

XPN: Where such is so gross as to show him to be morally unfit for office or unworthy of privilege, the court
may be justified in suspending or removing him from the Roll of Attorneys.

2. Gross immorality – An act of personal immorality on the part of a lawyer in his private relation with opposite
sex may put his character in doubt.

NOTE: Cohabitation per se is not grossly immoral. It depends on circumstances and is not necessary that there
be prior conviction for an offense before lawyer may be disciplined for gross immorality. If the evidence is not
sufficient to hold a lawyer liable for gross immorality, he may still be reprimanded where evidence shows failure
on his part to comply with rigorous standards of conduct required from lawyers.

3. Conviction of a crime involving moral turpitude

4. Promoting to violate or violating penal laws

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 5. Misconduct in discharge of official duties – A lawyer who holds a government office may not be disciplined as a
member of the bar for misconduct in the discharge of his duties as government official. However, if the
misconduct is in violation of the CPR or of his oath as a lawyer or is of such a character as to affect his
qualifications as a lawyer, he may be subject to disciplinary action such as disbarment.

NOTE: This rule does not apply to impeachable officials like SC justices, members of constitutional commissions
and Ombudsman because they can be removed only by impeachment.

6. Commission of fraud or falsehood; and

7. Misconduct as notary public

NOTE: By applying for having himself commissioned as notary public, a lawyer assumes duties in a dual
capacity, the non-performance of which may be a ground for discipline as a member of the bar.

Characteristics of disbarment proceedings

1. Sui Generis
2. The defense of “double jeopardy” cannot be availed of in a disbarment proceeding;
3. It can be initiated motu proprio by the SC or IBP. It can be initiated without a complaint;
4. It is imprescriptible;
5. Conducted confidentially;
6. It can proceed regardless of the interest or the lack thereof on the part of the complainant; and
7. It in itself constitutes due process of law.
8. Whatever has been decided in a disbarment case cannot be a source of right that may be enforced in another
action;
9. In pari delicto rule not applicable;
10. No prejudicial question in disbarment proceedings;
11. Penalty in a disbarment case cannot be in the alternative; and
12. Monetary claims cannot be granted except restitution and return of monies and properties of the client given
in the course of the lawyer-client relationship.
13. Res ipsa loquitor applies to the judges and lawyers who can be dismissed from service without need of a formal
investigation because based on the records, the gross misconduct or inefficiency of judges clearly appears.
What counts is that the lawyer has been given the opportunity to air his side.

Offices authorized to investigate disbarment proceedings

1. Supreme Court
2. IBP through its Commission on Bar Discipline or authorized investigator
3. Office of the Solicitor General

The Supreme Court may conduct disciplinary proceedings without the intervention of the IBP by referring cases for
investigation to the Solicitor General or to any officer of the SC or judge of the lower court. In such cases, the report or
recommendation of the investigating official shall be reviewed directly by the SC.

As a general rule, disbarment proceedings are confidential in nature until their final resolution and the final decision of
this Court. In this case, however, the filing of a disbarment complaint against Atty. Fortun is a matter of public concern
considering that it arose from the Maguindanao Massacre case. The interest of the public is not on Atty. Fortun but
primarily on his involvement and participation as defense counsel in the Maguindanao Massacre case. It would have
been different if the disbarment case against petitioner was about a private matter as the media would then be bound
to respect the confidentiality provision of disbarment proceedings.

Discipline of Filipino Lawyers practicing abroad

If the Filipino lawyer is disbarred or suspended from the practice of law by a competent court or disciplinary agency in
a foreign jurisdiction where he has been admitted as an attorney, and a ground therefor includes any of the acts
enumerated in Section 27, Rule 138 of the RRC, such disbarment or suspension is a ground for his disbarment or
suspension in the Philippines. This is not automatic. The judgment, resolution or order of the foreign court or
disciplinary agency shall be prima facie evidence of the ground for disbarment or suspension.

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Guidelines to be observed in the lifting of an order suspending a lawyer from the practice of law
1. Upon the expiration of the period of suspension, respondent shall file a Sworn Statement with the Court,
through the Office of the Bar Confidant, stating therein that he or she has desisted from the practice of law and
has not appeared in any court during the period of his or her suspension;
2. Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the Executive Judge of
the courts where respondent has pending cases handled by him or her, and/or where he or she has appeared
as counsel; and
3. The Sworn Statement shall be considered as proof of respondent’s compliance with the order of suspension

A lawyer who has been disbarred may be reinstated. Such reinstatement shall have the effect of wiping out the
restrictions and disabilities resulting from a previous disbarment. Prior to actual reinstatement, the lawyer will be
required to take anew the lawyer’s oath and sign once again the roll of attorneys after paying the requisite fees.

Effect of Executive Pardon granted by the President

1. Absolute or unconditional pardon - the disbarment case will be dismissed.
2. Conditional pardon - the disbarment case will not be dismissed on the basis thereof.

NOTE: To be reinstated, there is still a need for the filing of an appropriate petition with the Supreme Court

An absolute pardon by the President is one that operates to wipe out the conviction as well as the offense itself. The
grant thereof to a lawyer is a bar to a proceeding for disbarment against him, if such proceeding is based solely on the
fact of such conviction. But where the proceeding to disbar is founded on the professional misconduct involved in the
transaction which culminated in his conviction, the effect of the pardon is only to relieve him of the penal consequences
of his act and does not operate as a bar to the disbarment proceeding, inasmuch as the criminal acts may nevertheless
constitute proof that the attorney does not possess good moral character. The ground for the petition for disciplinary
action must not be founded alone on the conviction but must be based on the acts committed by the lawyer which
rendered him morally unfit to be a member of the bar.

Lawyers who have been repatriated

GR: The loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines

XPN: When the Filipino citizenship is lost by reason of naturalization as a citizen of another country but subsequently
reacquired pursuant to RA 9225.

Before a lawyer who reacquires Filipino citizenship pursuant to R.A. 9225 can resume his law practice, he must first
secure from the SC the authority to do so, conditioned on:
1. The updating and payment in full of the annual membership dues in the IBP;
2. The payment of professional tax;
3. The completion of at least 36 credit hours of mandatory continuing legal education; and
4. The retaking of the lawyer’s oath which will not only remind him of his duties and responsibilities as a lawyer
and as an officer of the Court, but also renew his pledge to maintain allegiance to the Republic of the Philippines

MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

It ensures that members if the IBP are kept abreast with the law and jurisprudence throughout their career, maintain
the ethics of the profession and enhance the standards of the practice of law.

Members of the IBP, unless exempted, shall complete every 3 years at least 36 hours of continuing legal education
activities.

A member who fails to comply with the requirements after the 60-day period shall be listed as delinquent member of
the IBP Board of Governors upon recommendation of the Committee on MCLE.

Q: Can a lawyer who lacks the number of units required by the MCLE Board continue to practice the profession?
(2014 Bar)

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A: YES. A lawyer, not being exempted from MCLE, who fails to comply with the required legal education activities shall
receive a Non-Compliance Notice and shall be required to explain the deficiency or otherwise show compliance with
the requirements. A member who fails to satisfactory comply therewith shall be listed as a delinquent member by the
IBP, wherein he shall be included in the inactive status.

He may still practice the profession but his all pleadings submitted to court may be expunged from the records since it
is required that practicing members of the Bar to indicate in all pleadings filed before the courts or quasi-judicial bodies,
the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable.

MANDATORY LEGAL AID SERVICE

It mandates every practicing lawyer, those members of the IBP who appear for and in behalf of parties in courts of law
and quasi-judicial agencies, to render a minimum of 60 hours of free legal aid services to indigent litigants yearly.

The term “practicing lawyers” shall EXCLUDE:

1. Government employees and incumbent elective officials not allowed by law to practice;
2. Lawyers who by law are not allowed to appear in court;
3. Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools
and lawyers of non-governmental organizations (NGOs) and peoples’ organizations (POs) like the Free Legal
Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants;
and
4. Lawyers not covered under subparagraphs 1 to 3 including those who are employed in the private sector but
do not appear for and in behalf of parties in courts of law and quasi-judicial agencies.

A lawyer who fails to comply with the mandatory legal aid service cannot appear in court or any quasi-judicial body as
counsel for a period of 3 months from the receipt of notice from the IBP Board of Governors. Any lawyer who fails to
comply therein for at least 3 consecutive years shall be subject to disciplinary proceedings to be instituted motu proprio
by the Committee on Bar Discipline.

NOTARIAL PRACTICE
Qualifications of a notary public
To be eligible for commissioning as notary public, the petitioner must be:
1. A citizen of the Philippines;
2. Over 21 years of age;
3. A resident in the Philippines for at least 1 year and maintains a regular place of work or business in the city or
province where the commission is to be issued;
4. A member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the
Supreme Court and the Integrated Bar of the Philippines; and
5. Has not been convicted in the first instance of any crime involving moral turpitude

GR: Only those admitted to the practice of law are qualified to be notaries public.

XPNs: When there are no persons with the necessary qualifications or where there are qualified persons but they refuse
appointment. In which case, the following persons may be appointed as notaries:
1. Those who passed the studies of law in a reputable university; or
2. A clerk or deputy clerk of court for a period of not less than two years.

Government Lawyers as Notaries

They are allowed to serve as notaries provided there is a written permission from the Head of Department.

Clerk of Court as Notary Public

Clerk of court may act as notary public, provided he is commissioned and has been permitted by his superior. Such
consent is necessary because the act of notarizing a document is a practice of law.

NOTE: Clerks of Court of RTCs are authorized to notarize not only documents relating to the exercise of official functions
but also private documents, subject to conditions that:
a. all notarial fees charged shall be for the account of the Judiciary; and

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 b. they certify in the notarized documents that there are no notaries public within the territorial jurisdiction of
the RTC.

Prohibition against the RTC judges to notarize

No judge or other official or employee of the superior courts shall engage in private practice as a member of the bar or
give professional advice to clients.

Authority of MTC judges to notarize and its limitation

MTC and MCTC judges may act as notaries public ex-officio in the notarization of documents connected only with the
exercise of their official functions and duties. They may not, as notaries public ex-officio, undertake the preparation and
acknowledgment of private documents, contracts and other acts of conveyances which bear no direct relation to the
performance of their functions as judges.
However, MTC and MCTC judges assigned to municipalities or circuits with no lawyers or notaries public may, in the
capacity as notaries public ex-officio, perform any act within the competence of a regular notary public, provided that:
1. All notarial fees charged be for the account of the Government and turned over to the municipal treasurer
2. Certification be made in the notarized documents attesting to the lack of any lawyer or notary public in such
municipality or circuit.

Their authority to notarize is limited to their sala. Hence, they cannot notarize documents filed in another town because
it will be considered as practice of law.

NOTE: Any irregularity in the payment of the notarial fees does not affect the validity if the notarization made.

Term of office of a Notary Public

A notary public may perform notarial acts for a period of 2 years commencing the 1st day of January of the year in
which the commissioning is made until the last day of December of the succeeding year regardless of the actual date
when the application was renewed, unless earlier revoked or the notary public has resigned.

ACKNOWLEDGMENT JURAT
Act of one who has executed a deed, in going to some That part of an affidavit in which the notary public or
competent officer or court and declaring It to be his act officer certifies that the instrument was sworn to before
or deed him.
The notary public or officer taking the acknowledgment It is not part of a pleading but merely evidences the fact
shall certify that the person acknowledging the that the affidavit was properly made.
instrument or document is known to him and he is the
same person who executed it and acknowledged that the
same is his free act and deed.
Two-fold purpose: Purpose: Gives the document a legal character.
1. To authorize the deed to be given in evidence
without further proof of its execution; and
2. To entitle it to be recorded.

Where used: Where used:

1. To authenticate an agreement between two or 1. Affidavits;
more persons; or 2. Certifications;
2. Where the document contains a disposition of 3. Whenever the person executing makes a
property. statement of facts or attests to the truth of an
event, under oath.

If the notary public admitted that he has personal knowledge of a false statement contained in the instrument to be
notarized yet proceeded to affix his or her notarial seal on it, the court must not hesitate to discipline the notary public
accordingly as the circumstances of the case may dictate.

Disqualification of Notary Public to perform a notarial act

1. When he is party to the instrument or document that is to be notarized
2. He will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property
or other consideration

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 3. He is a spouse, common-law relative, ancestor, descendant or relative by affinity or consanguinity of the
principal within the fourth civil degree

Jurisdiction of Notary Public and Place of Notarization

A notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court.
Outside the place of his commission, a notary public is bereft of power to perform any notarial act. Under the Notarial
Law, the jurisdiction of a notary public is co-extensive with the province for which he was commissioned; and for the
notary public in the city of Manila, the jurisdiction is co-extensive with said city; provided further, that the notary public
may be commissioned for the same term only by one court within the Metro Manila region.

Jurisdiction of Notary Public

GR: A notary public shall not perform a notarial act outside his jurisdiction and his regular place of work or business.

XPNs: A notarial act may be performed at the request of the parties in the following sites, other than his regular place
of work or business, located within his territorial jurisdiction:
1. Public offices, convention halls, and similar places where oaths of office may be administered;
2. Public function areas in hotels and similar places for the signing of instruments or documents requiring
notarization;
3. Hospitals and other medical institutions where a party to an instrument or document is confined for treatment
4. Any place where a party to an instrument or document requiring notarization is under detention
5. Such other places as may be dictated because of emergency.

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