Leg Prof Notes
Leg Prof Notes
Leg Prof Notes
LEGAL PROFESSION
Supreme Court
ART. VIII, SEC. 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission to the practice
of law, the integrated bar, and legal assistance to the underprivileged. Such rules
shall provide a simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the Supreme
Court.
Congress
ART. XII, SEC 14.
(2) The practice of all professions in the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law.
ART. XVIII, SEC 10.
All courts existing at the time of the ratification of this Constitution shall continue
to exercise their jurisdiction, until otherwise provided by law. The provisions of the
existing Rules of Court, judiciary acts, and procedural laws not inconsistent with
this Constitution shall remain operative unless amended or repealed by the
Supreme Court or the Congress.
Integration of the Philippine Bar – the official unification of the entire lawyer population
of the Philippines.
Requires: a) membership, and b) financial support of every attorney as conditions to
the practice of law and the retention of his name in the Roll of Attorneys of the
Supreme Court.
Bar – refers to the collectivity of all persons whose names appear in the Roll of Attorneys.
An Integrated (or Unified Bar) perforce must include all lawyers.
Complete unification is not possible unless it is decreed by an entity with power to do
so: the State.
Bar integration, therefore, signifies the setting up by Government authority of a
national organization of the legal profession based on the recognition of the lawyer
as an officer of the court.
The practice of law is not a property right but a mere privilege, and as such must bow
to the inherent regulatory power of the Court to exact compliance with the lawyer's
public responsibilities.
Designed to improve the position of the Bar as an instrumentality of justice and the
Rule of Law, integration fosters cohesion among lawyers, and ensures, through their
own organized action and participation, the promotion of the objectives of the legal
profession, pursuant to the principle of maximum Bar autonomy with minimum
supervision and regulation by the Supreme Court.
The power to integrate is an inherent part of the Court's constitutional authority over
the Bar.
- Courts have inherent power to supervise and regulate the practice of law.
o Because the practice of law is a privilege clothed with public interest, it
must be regulated to assure compliance with the lawyer's public
responsibilities.
o These public responsibilities can best be discharged through collective
action, that is, with an organized body.
o Organization incurs expenses. Hence, all attorneys must contribute to
support such organized body.
o Given existing Bar conditions, the most efficient means is by integrating the
Bar.
- The Court may integrate the Philippine Bar in the exercise of its power, under
Article VIII, Sec. 5 of the Constitution, "to promulgate rules concerning pleading,
practice, and procedure in all courts, and the admission to the practice of law."
Republic Act 6397 is a mere legislative declaration that the integration of the Bar will
promote public interest (neither confers a new or restricts the Court’s power).
B. Practice of Law
Private Practice – does not pertain to an isolated court appearance; rather, it contemplates
a succession of acts of the same nature habitually or customarily holding one’s self to the
public as a lawyer.
An individual or organization engaged in the business of delivering legal services.
o Lawyers who practice alone are often called sole practitioners.
o Groups of lawyers are called firms.
The practice of law is limited to those who meet the requirements for, and have been
admitted to, the bar, and various statutes or rules specifically so provide.
- Public policy requires that the practice of law be limited to those individuals found
duly qualified in education and character.
- The purpose is to protect the public, the court, the client and the bar from the
incompetence or dishonesty of those unlicensed to practice law and not subject to
the disciplinary control of the court.
Any breach by a lawyer of any of these conditions makes him unworthy of the trust
and confidence which the courts and clients repose in him for the continued exercise
of his professional privilege.
A. Legal Education
Read:
RA 7662 (Legal Education Reform Act)
LEB, Policies and Standards of Legal Education and Manual of Regulations for Law Schools
BM No. 1552-A Guidelines on Legal Apprenticeship in the SC and Other Collegiate Courts
B. Citizenship
Read:
RA 9225 (Dual Citizenship Act)
Filipino citizenship is a requirement for admission to the bar and is, in fact, a
continuing requirement for the practice of law.
- The loss thereof means termination of the petitioner’s membership in the bar;
ipso jure the privilege to engage in the practice of law.
A Filipino lawyer, who becomes a citizen of another country and later re-acquires his
Philippine citizenship under R.A. No. 9225, remains to be a member of the Philippine
Bar.
- However, as stated in Dacanay, the right to resume the practice of law is not
automatic.
- R.A. No. 9225 provides that a person who intends to practice his profession in the
Philippines must apply with the proper authority for a license or permit to engage
in such practice.
C. Bar Examinations
BAR Subjects –
1. Civil Law 6. International Law (Private and
2. Labor and Social Legislation Public)
3. Mercantile Law 7. Taxation
4. Criminal Law 8. Remedial Law (Civil Procedure,
5. Political Law (Constitutional Law, Criminal Procedure, and Evidence)
Public Corporations, and Public 9. Legal Ethics
Officers) 10. Practical Exercises (in Pleadings
and Conveyancing).
Examination –
Where: Manila City
When: Annually
How long: 4 days to be designated by the Chairman of the Committee on bar examiners.
Schedule:
Day
Time
1 2 3 4
Political and Civil Law Mercantile Remedial
Morning International (15%) Law (15%) Law (20%)
Law (15%)
Labor and Taxation Criminal Law Legal Ethics
Social (10%) (10%) and Practical
Afternoon
Legislation Execises
(10%) (5%)
Questions –
Same for all examinees;
A copy in English or Spanish given to each examinee;
To be answered personally by the examinee in writing and without help from anyone.
- If penmanship is so poor (difficult to read without much loss of time), SC may
allow examinee to use a typewriter upon verified application.
- ONLY noiseless typewriters shall be allowed.
The committee of bar examiners shall take such precautions as are necessary to
prevent the substitution of papers or commission of other frauds.
The candidate who violates this provisions, or any other provision of this rule, shall
be barred from the examination, and the same to count as a failure against him, and
further disciplinary action, including permanent disqualification, may be taken in the
discretion of the court.
After examination –
Who: Committee
What: File its report on the result of such examination, examination papers and notes
Where: Clerk
When: Not later than February 15th after the examination, or as soon thereafter as may be
practicable.
Parties in interest may examine examination papers and notes of the committee, after
the court has approved the report.
Failures –
Those who failed for 3 times shall be disqualified from taking another examination.
Unless, they show satisfaction of the court that:
o They enrolled in and passed regular 4th year review classes;
o Attended a pre-bar review course in a recognized law school.
Professors of the individual review subjects shall certify under oath that the
candidates have regularly attended classes and passed the subjects under the same
conditions as ordinary students and the ratings obtained by them in the particular
subject.
SUCCESSFUL APPLICANTS –
Shall take and subscribe before the SC the corresponding oath of office;
Sign the roll of all attorneys after receiving his certificate (issued by SC as proof of
record that he has been admitted to the bar).
Read:
Reforms in the Bar Examinations, BM No. 1161, June 8, 2004
2010 Bar Matter No. 2265, January 28, 2001 re Reforms in the Bar Examinations
Bar Matter No. 2505, March 20, 2012
Good moral character is what a person really is, as distinguished from good
reputation or from the opinion generally entertained of him, the estimate in which he
is held by the public in the place where he is known.
- Moral character is not a subjective term but one which corresponds to objective
reality.
- The standard of personal and professional integrity is not satisfied by such
conduct as it merely enables a person to escape the penalty of criminal law.
- Good moral character includes at least common honesty.
The practice of law is a privilege granted only to those who possess the strict
intellectual and moral qualifications required of lawyers who are instruments in the
effective and efficient administration of justice. It is the sworn duty of this Court not
only to "weed out" lawyers who have become a disgrace to the noble profession of
the law but, also of equal importance, to prevent "misfits" from taking the lawyer' s
oath, thereby further tarnishing the public image of lawyers which in recent years has
undoubtedly become less than irreproachable.
Local Government Code RA 7160 (1991), SEC. 415. Appearance of Parties in Person.
In all katarungang pambarangay proceedings, the parties must appear in person
without the assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not lawyers.
Rule of Procedure for Small Claims Cases Sec. 17. Appearance of Attorneys Not Allowed.
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.
G. Lawyer’s Oath
The lawyer's oath is NOT a mere ceremony or formality for practicing law.
- Every lawyer should at ALL TIMES weigh his actions according to the sworn
promises he makes when taking the lawyer's oath.
- It is a sacred trust that should be upheld and kept inviolable at all times.
- If all lawyers conducted themselves strictly according to the lawyer's oath and the
CPR, the administration of justice will undoubtedly be faster, fairer and easier for
everyone concerned.
Disciplinary power
- The Supreme Court, as regulator and guardian of the legal profession, has plenary
disciplinary authority over attorneys.
The authority to discipline lawyers stems from the Court's constitutional mandate
to regulate admission to the practice of law, which includes as well authority to
regulate the practice itself of law.
Apart from this constitutional mandate, the disciplinary authority of the Supreme
Court over members of the Bar is an inherent power incidental to the proper
administration of justice and essential to an orderly discharge of judicial
functions.
The disciplinary authority of the Court over members of the Bar is but corollary
to the Court's exclusive power of admission to the Bar.
Contempt power
- The Supreme Court has inherent power to punish for contempt, to control in the
furtherance of justice the conduct of ministerial officers of the Court including lawyers
and all other persons connected in any manner with a case before the Court.
The power to punish for contempt is necessary for its own protection against an
improper interference with the due administration of justice; it is not dependent
upon the complaint of any of the parties’ litigant.
Contempt of court may be committed both by lawyers and non-lawyers, both in
and out of court.
The disciplinary authority of the Court over members of the Bar is broader than the
power to punish for contempt.
- The power to punish for contempt of court does not exhaust the scope of
disciplinary authority of the Court over lawyers.
- Where the respondent is a lawyer, the Supreme Court's disciplinary authority
over lawyers may come into play whether or not the misconduct with which the
respondent is charged also constitutes contempt of court.
The power to exclude persons from the practice of law is but a necessary incident of
the power to admit persons to said practice.
- By constitutional precept, this power is vested exclusively in this Court.
- This duty it cannot abdicate just as much as it cannot unilaterally renounce
jurisdiction legally invested upon it.
- Public policy demands that they exercise the power in all cases, which call for
disciplinary action.
Disbarment proceedings
- Sui generis. Neither purely civil nor purely criminal, this proceeding is not – and does not
involve – a trial of an action or a suit.
Not being intended to inflict punishment, it is in no sense a criminal prosecution.
Accordingly, there is neither a plaintiff/complainant nor a prosecutor therein. It
may be initiated by the Court motu proprio.
The complainant in the case need not be the aggrieved party.
Acquittal of a lawyer in a criminal action is not determinative of an administrative
case against him
- It is an investigation by the Court into the conduct of its officers.
Objective: Public interest
Question: WON the attorney is still a fit person to be allowed the priveleges as
such.
In the exercise of its disciplinary powers, the Court merely calls upon a member of
the Bar to account for his actuations as an officer of the Court with the end in view of
preserving the purity of the legal profession and the property and honest
administration of justice by purging the profession of members who by their
misconduct have proved themselves no longer worthy to be entrusted with the duties
and responsibilities pertaining to the office of an attorney.
To a certain degree, the members of the Court are aggrieved parties, as any tirade
against the Court as a body is necessarily and inextricably as much so against the
individual members thereof.
However, in the exercise of its disciplinary powers, the Court acts as an entity
separate and distinct from the individual personalities of its members.
- Consistently with the intrinsic nature of a collegiate court, the individual members
act not as such individuals but only as a duly constituted court.
- The distinct individualities are lost in the majesty of their office.
- In a very real sense, if there be any complainant in the case at bar, it can only be
the Court itself, not the individual members thereof.
The merger in one entity of the personalities of complainant, prosecutor and judge is
absolutely inexistent because:
- Of the nature if disbarment proceedings; and that
- Even if it the members collectively are in a sense the aggrieved parties, that does
not and cannot disqualify them from the exercise of the power because public
policy demands that they, acting as a Court, exercise the power in all cases which
call for disciplinary action.
Grounds for the suspension or disbarment of a lawyer: (Sec. 27, Rule 138, ROC)
1. For any deceit;
2. For malpractice, or other gross misconduct in such office;
3. For grossly immoral conduct;
4. By reason of his conviction of a crime involving moral turpitude,
5. For any violation of the oath which he is required to take before admission to practice;
6. For a willful disobedience of any lawful order of a superior court;
7. For corruptly or willfully appearing as an attorney for a party to a case without
authority to do so.
In several cases, the Court has disciplined lawyers without further inquiry or resort
to any formal investigation where the facts on record sufficiently provided the basis
for the determination of their administrative liability under the principle of res ipsa
loquitur.
- The absence of any formal charge against and/or formal investigation do not
preclude the Court from immediately exercising its disciplining authority, as long
as the errant lawyer or judge has been given the opportunity to be heard.
For the IBP to suspend a lawyer, there should be a: (Sec. 8 and 12 of Rule 139-B, and 6 of
Rule 139-A of ROC)
1. Review of the investigator’s report;
2. Formal voting; and
3. Vote of at least five (5) members of the Board.
Moral turpitude – includes everything which is done contrary to justice, honesty, modesty
or good morals.
As used in disbarment statutes, it means an act of baseness, vileness, or depravity in
the private and social duties which a man owes to his fellowmen or to society in
general, contrary to the accepted rule of right and duty between man and man.
The determination of whether an act involves moral turpitude is a factual issue and
frequently depends on the circumstances attending the violation of the statute.
Public confidence in the law and in lawyers may be eroded by the irresponsible and
improper conduct of a member of the bar. Every lawyer should act and comport
himself in a manner that promotes public confidence in the integrity of the legal
profession.
They should not simply obey the laws; they should also inspire respect for and
obedience thereto by serving as exemplars worthy of emulation.
Unlawful conduct under Rule 1.01 does not necessarily require the element of
criminality or the presence of evil intent on the part of the lawyer.
For such conduct to warrant disciplinary action, the same must be grossly immoral.
A member of the bar may be suspended or removed from his office as a lawyer for
other than statutory grounds.
- A lawyer may be disciplined for misconduct committed either in his professional
or private capacity.
- TEST: 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.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the
law or at lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any
suit or proceeding or delay any man’s cause.
Ambulance Chasing - the solicitation of almost any kind of legal business by an attorney,
personally or through an agent in order to gain employment
It is the duty of a counsel to advise his client, ordinarily a layman to the intricacies
and vagaries of the law, on the merit or lack of merit of his case.
- If he finds that his client's cause is defenseless, then it is his bounden duty to
advise the latter to acquiesce and submit, rather than traverse the
incontrovertible.
- A lawyer must resist the whims and caprices of his client, and temper his client’s
propensity to litigate.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed.
Read:
IBP Handbook, Guidelines Governing the Establishment and Operation of Legal Aid Office,
Art. 1, Sec. 1
RA 10389 (Recognizance Act of 2012)
A lawyer who is a vanguard in the bastion of justice is expected to have a bigger dose
of social conscience and a little less of self-interest.
- He must exercise his best efforts and professional ability in behalf of the person
assigned to his care. He is to render effective assistance.
- The client expects of him due diligence, not mere perfunctory representation.
As counsel de oficio, he has as high a duty to the accused as one employed and paid by
defendant himself.
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.
RULE 138, Section 27. Attorneys removed or suspended by Supreme Court on what
grounds.
A member of the bar may be removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction of a crime involving moral
turpitude, or for any violation of the oath which he is required to take before the
admission to practice, or for a willful disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.
Any act of solicitation, not compatible with the dignity of the legal profession,
constitutes malpractice, which calls for the exercise of the Court’s disciplinary
powers.
Lawyers are prohibited from soliciting cases for the purpose of gain, either personally
or through paid agents or brokers.
Rule 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.
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.
The spouse and relatives by consanguinity or affinity within the fourth civil degree
of the President shall not, during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including government-
owned or controlled corporations and their subsidiaries.
ART. IX, Sec. 2.
No member of a Constitutional Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in the practice of any profession or
in the active management or control of any business which, in any way, may be
affected by the functions of his office, nor shall he be financially interested, directly
or indirectly, in any contract with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries.
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.
Norms of Conduct of Public Officials and Employees in the discharge and execution of
official duties (RA 6713, Sec. 4):
a. Commitment to public interest;
b. Professionalism;
c. Justness and sincerity;
d. Political neutrality;
e. Responsiveness to the public;
f. Nationalism and patriotism;
g. Commitment to democracy; and
h. Simple living.
As lawyers, officials in the government service are under an even greater obligation
to observe the basic tenets of the legal profession because public office is a public
trust.
- Lawyers in government are public servants who owe the utmost fidelity to the
public service.
- Lawyers in government service in the discharge of their official task have more
restrictions than lawyers in private practice.
- They should be more sensitive in the performance of their professional
obligations, as their conduct is subject to the ever-constant scrutiny of the public.
By way of exception, they can practice their profession if the Constitution or the law
allows them, but no conflict of interest must exist between their current duties and
the practice of their profession.
A lawyer who holds a government position may not be disciplined as a member of the
bar for misconduct in the discharge of his duties as a government official.
- However, if the misconduct also constitutes a violation of the CPR or the lawyer’s
oath or is of such character as to affect his qualification as a lawyer or shows moral
delinquency on his part, such individual may be disciplined as a member of the
bar for such misconduct.
- A member of the Bar who assumes public office does not shed his professional
obligations.
- The act of the public officer, if LAWFUL, is the act of the public office. But the act
of the public officer, if UNLAWFUL, is not the act of the public office.
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.
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.
Public officials and employees during their incumbency shall not engage in the private
practice of law unless authorized by the Constitution or law, provided, that such
practice will not conflict or tend to conflict with their official functions (RA 6713, Sec.
7).
The objecive is to avoid any conflict of interest on the part of the employee who may
wittingly or unwittingly use confidential information acquired from his employment,
or use his or her familiarity with court personnel still with the previous office.
A lawyer is an officer of the courts; he is like the court itself, an instrument or agency
to advance the ends of justice. For this reason, any act on his part that obstructs and
impedes the administration of justice constitutes misconduct and justifies
disciplinary action against him.
Read:
RA 6397
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.
The power to punish for contempt is inherent in all courts and is Essential to the
preservation of order in judicial proceedings and to the enforcement of judgments,
orders, and mandates of the court, and consequently, to the due administration of
justice
Direct Contempt
When: A person is guilty of misbehavior in the presence of or so near a court or
judge as to obstruct or interrupt the proceedings before the same, including:
i. Disrespect toward the court or judge,
j. Offensive personalities toward others, or
k. Refusal to be sworn or to answer as a witness, or to subscribe an affidavit or
deposition when lawfully required to do so.
Can be punished summarily and without hearing:
- If superior court:
o Fine not exceeding P2,000, or
o Imprisonment not exceeding 10 days, or
o BOTH.
- If inferior court:
o Fine not exceeding P200, or
o Imprisonment not exceeding 1 day, or
o BOTH.
Indirect Contempt
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which
is abusive, offensive or otherwise improper.
Lawyers should treat each other with courtesy, dignity and civility. The bickering and
the hostility of their clients should not affect their conduct and rapport with each
other as professionals and members of the bar.
- A great part of their comfort, as well as of their success at the bar, depends upon
their relations with their professional brethren.
- Since they deal constantly with each other, they must treat one another with trust
and respect.
The aim of every lawsuit should be to render justice to the parties according to law,
not to harass them.
Lawyers should use dignified language in their pleadings despite the adversarial
nature of the legal system.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer; however, it is the right of any
lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.
A lawyer should not steal another lawyer’s client nor induce the latter to retain him
by a promise of better service, good result or reduced fees for his services.
Read:
Law Student Practice Rule (Rule 138-A)
The canons and ethics of the profession enjoin a lawyer not to permit his professional
services or his name to be used in aid of, or to make possible the unauthorized
practice of law by, any agency, personal or corporate.
- The purpose is to protect the public, the court, the client, and the bar from the
incompetence or dishonesty of those unlicensed to practice law and not subject to
the disciplinary control of the Court.
Rule 9.01 - A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a member of
the Bar in good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services
with persons not licensed to practice law, except:
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 profitable sharing
arrangement.
A lawyer is proscribed by the Code to divide or agree to divide the fees for legal
services rendered with a person not licensed to practice law.
The lawyer's fidelity to his client must not be pursued at the expense of truth and
orderly administration of justice. It must be done within the confines of reason and
common sense.
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.
Canon 32, Canons of Professional Ethics. The lawyer's duty in its last analysis. No client
corporate or individual, however, powerful nor any cause, civil or political, however
important, is entitled to receive nor should any lawyer render any service or advice
involving disloyalty to the laws whose ministers we are, or disrespect of the judicial office,
which we are bound to uphold, or corruption of any person or persons exercising a public
office or private trust, or deception or betrayal of the public. When rendering any such
improper service or advice, the lawyer invites and merits stern and just condemnation.
Correspondingly, he advances the honor of his profession and the best interests of his
client when he renders service or gives advice tending to impress upon the client and his
undertaking exact compliance with the strictest principles of moral law. He must also
observe and advice his client to observe the statute law, though until a statute shall have
been construed and interpreted by competent adjudication he is free and is entitled to
advise as to its validity and as to what he conscientiously believes to be its just meaning
and extent. But above all a lawyer will find his highest honor in a deserved reputation for
fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal
citizen.
In citing this Court's decisions and rulings, it is the bounden duty of courts, judges and
lawyers to reproduce or copy the same word-for-word and punctuation mark-for-
punctuation mark.
- Only from this Tribunal's decisions and rulings do all other courts, as well as
lawyers and litigants, take their bearings.
- Ever present is the danger that if not faithfully and exactly quoted, the decisions
and rulings of this Court may lose their proper and correct meaning, to the
detriment of other courts, lawyers and the public who may thereby be misled.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse
them to defeat the ends of justice.
A lawyer should not be carried away in espousing his client’s cause. As an officer of
the court, he should not misuse the rules of procedure to defeat the ends of justice.
It is the duty of a lawyer, as an officer of the court, to uphold the dignity and authority
of the courts.
- Litigants and counsels, particularly the latter because of their position and
avowed duty to the courts, cannot be allowed to publicly ridicule, demean and
disrespect a judge, and the court that he represents.
- Respect for the courts guarantees the stability of the judicial institution; without
this guarantee, the institution would be resting on very shaky foundations.
Court orders are to be respected not because the judges who issue them should be
respected, but because of the respect and consideration that should be extended to
the judicial branch of the Government.
- This is absolutely essential if our Government is to be a government of laws and
not of men.
- Respect must be had not because of the incumbents to the positions, but because
of the authority that vests in them.
- Disrespect to judicial incumbents is disrespect to that branch of the Government
to which they belong, as well as to the State, which has instituted the judicial
system.
A lawyer is entitled to voice his criticism within the context of the constitutional
guarantee of freedom of speech, which must be exercised responsibly. Freedom is not
freedom from responsibility, but freedom with responsibility.
The lawyer has a right, both as an officer of the court and as a citizen, to criticize in
properly respectful terms and through legitimate channels the acts of courts and
judges.
- Courts and judges are not sacrosanct. They should and expect critical evaluation
of their performance.
- But it is the cardinal condition of all such criticism that it shall be bona fide, and
shall not spill over the walls of decency and propriety.
The lawyer's duty to render respectful subordination to the courts is essential to the
orderly administration of justice. Hence, in the – assertion of their clients' rights,
lawyers – even those gifted with superior intellect are enjoined to rein up their
tempers.
Intemperate and unfair criticism is a gross violation of the duty of respect to courts.
Such is a misconduct that subjects a lawyer to disciplinary action.
An objecting or complaining lawyer cannot act in a manner that puts the courts in a
bad light and bring the justice system into disrepute.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by
the record or have no materiality to the case.
A lawyer who forges a court decision and represents it as that of a court of law is
guilty of the gravest misconduct and deserves the supreme penalty of disbarment.
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper
authorities only.
Article VIII, section 6 of the 1987 Constitution exclusively vests in the Supreme Court
administrative supervision over all courts and court personnel, from the Presiding
Justice of the Court of Appeals down to the lowest municipal trial court clerk.
Where a criminal complaint against a Judge or other court employee arises from their
administrative duties, the Ombudsman must defer action on said complaint and refer
the same to this Court for determination whether said Judge or court employee had
acted within the scope of their administrative duties.
Read:
P.D. 1829 (Obstruction of Justice)
Lawyers should be reminded that their primary duty is to assist the courts in the
administration of justice. Any conduct, which tends to delay, impede or obstruct the
administration of justice, contravenes such lawyer’s duty.
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 preferences. He should also be ready with the
original documents for comparison with the copies.
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without submitting the
same or offering an explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a
judgement or misuse Court processes.
While lawyers owe fidelity to the cause of their client, they must never abuse their
right of recourse to the courts by arguing a case that has repeatedly been rejected.
Neither should they use their knowledge of the law as an instrument to harass a party
or to misuse judicial processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or
recess in the trial, while the witness is still under examination.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him.
Although the law does not forbid an attorney to be a witness and at the same time an
attorney in a cause, the courts prefer that counsel should not testify as a witness
unless it is necessary, and that they should withdraw from the active management of
the case.
When a lawyer is a witness for his client, except as to merely formal matters, such as
the attestation or custody of an instrument and the like, he should leave the trial of
the case to other counsel. Except when essential to the ends of justice, a lawyer should
avoid testifying in court in behalf of his client.
It is their duty as officers of the court to properly apprise their clients on matters of
decorum and proper attitude toward courts of justice, and to labor leaders of the
importance of a continuing educational program for their members.
There are serious risks posed to the fair administration of justice by live TV and radio
broadcasts, especially when emotions are running high on the issues stirred by a case.
However, present is the necessity of keeping audio-visual recordings of the
proceedings of celebrated cases, for public information and exhibition, after passions
have subsided.
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to,
nor seek opportunity for cultivating familiarity with Judges.
The rule instructs lawyers to refrain from any impropriety tending to influence, or
from any act giving the appearance of influencing, the court.
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.
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.
Retaining Fee - a preliminary fee given to an attorney or counsel to insure and secure his
future services, and induce him to act for the client.
- It is intended to remunerate counsel for being deprived, by being retained by one
party, of the opportunity of rendering services to the other and of receiving pay
from him, and the payment of such fee, in the absence of an express understanding
to the contrary, is neither made nor received in payment of the services
contemplated.
- Its payment has no relation to the obligation of the client to pay his attorney for the
services which he has retained him to perform.
Read:
BM 2012 (Rule on Mandatory Legal Aid Service)
Purpose: Enhance the duty of lawyers to society as agents of social change and to the courts
as officers thereof by helping improve access to justice by the less privileged members of
society and expedite the resolution of cases involving them to aid the efficient and effective
administration of justice especially in cases involving indigent and pauper litigants
Scope: Free legal aid services in all cases (whether, civil, criminal or administrative)
involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall
also govern the duty of other members of the legal profession to support the legal aid
program of the Integrated Bar of the Philippines.
Summary: Every practicing lawyer is required to render a minimum of sixty (60) hours of
free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a
period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each
month. However, where it is necessary for the practicing lawyer to render legal aid service
for more than five (5) hours in one month, the excess hours may be credited to the said
lawyer for the succeeding periods.
Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause,
an appointment as counsel de oficio 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.
2. Republic Act No. 6044: Any indigent litigant may, upon motion, ask the Court for
adequate travel allowance to enable him and his indigent witnesses to attendant the
hearing of a criminal case commenced by his complaint or filed against him. The
allowance shall cover actual transportation expenses by the cheapest means from his
place of residence to the court and back. When the hearing of the case requires the
presence of the indigent litigant and/or his indigent witnesses in court the whole day
or for two or more consecutive days, allowances may, in the discretion of the Court,
also cover reasonable expenses for meal and lodging. If the court determines that the
petition for transportation allowance is meritorious, said court shall immediately
issue an order directing the provincial, city or municipal treasurer to pay the indigent
litigant the travel allowance out of any funds in his possession and proceed without
delay to the trial of the case. The provincial, city or municipal treasurer shall hold any
such payments as cash items until reimbursed by the national government. All
payments of travel allowances made by provincial, city and municipal treasurer
under this Act as of October 31 each year, shall be transmitted to the Commissioner
of the Budget not later than November 30 each year for inclusion in the annual
General Appropriations Act. The necessary sum is hereby authorized to be
appropriated out of the funds in the National Treasury not otherwise appropriated.
An appellant who is not confined in prison may, upon request, be assigned a counsel
de oficio within ten (10) days from receipt of the notice to file brief and he
establishes his right thereto.
Presidential Decree No. 543, Section 1. Designation of Municipal Judges and lawyers in
any branch of the government service, as counsel de oficio. In places where there are no
available practicing lawyers, the District Judge or Circuit Criminal Court Judge shall
designate a municipal judge or a lawyer employed in any branch, subdivision or
instrumentality of the government within the province, as counsel de oficio for an indigent
person who is facing a criminal charge before his court, and the services of such counsel de
oficio shall be duly compensated by the Government in accordance with Section thirty-two,
Rule One Hundred Thirty Eight of the Rules of Court.
If the criminal case wherein the services of a counsel de oficio are needed is pending before
a City or municipal court, the city or municipal judge concerned shall immediately
recommend to the nearest District Judge the appointment of a counsel de oficio, and the
District Judge shall forthwith appoint one in accordance with the preceding paragraph.
For purposes of this Decree an indigent person is anyone who has no visible means of
support or whose income does not exceed P300 per month or whose income even in excess
of P300 is insufficient for the subsistence of his family, which fact shall be determined by
the Judge in whose court the case is pending, taking into account the number of the
members of his family dependent upon him for subsistence.
"The costs of the suit, attorney's fees and contingent fees imposed upon the
adversary of the PAO clients after a successful litigation shall be deposited in the
National Treasury as trust fund and shall be disbursed for special allowances of
authorized officials and lawyers of the PAO."
A lawyer engaged as counsel for a corporation cannot represent members of the same
corporation’s board of directors in a derivative suit brought against them. To do so
would be tantamount to representing conflicting interests
The privilege is not confined to verbal or written communications made by the client
to his attorney but extends as well to information communicated by the client to the
attorney by other means.
A lawyer may not invoke the privilege and refuse to divulge the name or identity of
this client.
- The court has a right to know that the client whose privileged information is
sought to be protected is flesh and blood.
- The privilege begins to exist only after the attorney-client relationship has been
established. The attorney-client privilege does not attach until there is a client.
- The privilege generally pertains to the subject matter of the relationship.
- Due process considerations require that the opposing party should, as a general
rule, know his adversary.
- EXCEPTIONS:
In order that a communication between a lawyer and his client may be privileged, it
must be for a lawful purpose or in furtherance of a lawful end. The existence of an
unlawful purpose prevents the privilege from attaching.
The rule of confidentiality under the lawyer-client relationship is not a valid ground
to dismiss a complaint against a party. It is merely a ground for disqualification of a
witness, such as, when a lawyer is under compulsion to answer as witness on
confidential communication.
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.
Lawyers are expected not only to keep inviolate the client’s confidence, but also to
avoid the appearance of treachery and double-dealing for only then can litigants be
encouraged to entrust their secrets to their lawyers.
Acting in good faith and with honest intention will not render the prohibition
inoperative.
- While there may be instances where lawyers cannot decline representation they
cannot be made to labor under conflict of interest between a present client and a
prospective one.
- Such prohibition is founded on principles of public policy and good taste as the
nature of the lawyer-client relations is one of trust and confidence of the highest
degree.
At a certain stage of the controversy, before it reaches the court, a lawyer may
represent conflicting interests with the consent of the parties.
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.
Rule 15.07 - A lawyer shall impress upon his client compliance with the laws
and principles of fairness.
As a rule, a lawyer is not barred from dealing with his client but the business
transaction must be characterized with utmost honesty and good faith.
The lawyer is mandated to inform the client whether the former is acting as a lawyer
or in another capacity.
- This duty is a must in those occupations related to the practice of law.
- The reason is that certain ethical considerations governing the attorney-client
relationship may be operative in one and not in the other.
Article 1491, Civil Code: The following persons cannot acquire by purchase, even at a
public or judicial auction, either in person or through the mediation of another:
1. The guardian, the property of the person or persons who may be under his
guardianship;
2. Agents, the property whose administration or sale may have been intrusted to
them, unless the consent of the principal has been given;
3. Executors and administrators, the property of the estate under administration;
4. Public officers and employees, the property of the State or of any subdivision
thereof, or of any government-owned or controlled corporation, or institution, the
administration of which has been intrusted to them; this provision shall apply to
judges and government experts who, in any manner whatsoever, take part in the
sale;
5. Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and
other officers and employees connected with the administration of justice, the
property and rights in litigation or levied upon an execution before the court within
A lawyer, under his oath, pledges himself not to delay any man for money or malice
and is bound to conduct himself with all good fidelity to his clients.
He is obligated to report promptly the money of his client that has come into his
possession. He should not commingle it with his private property or use it for his
personal purposes without his client’s consent. He should maintain a reputation for
honesty and fidelity to private trust.
The Code exacts from lawyers not only a firm respect for law, legal processes and
the courts but also mandates the utmost degree of fidelity and good faith in dealing
with clients and the moneys entrusted to them pursuant to their fiduciary
relationship.
The relationship of attorney and client has always been rightly regarded as one of
special trust and confidence. An attorney must exercise the utmost good faith and
fairness in all his relationship vis-à-vis his client.
The "highly fiduciary" and "confidential relation" of attorney and client requires that
the attorney should promptly account for all funds and property received or held by
him for the client's benefit, and failure to do so constitutes professional misconduct.
CASE FACTS PENALTY
Respondent promised complainant that Mr. Daen, DISBARMENT +
their attorney-in-fact (AIF), and also a detention RETURN SUM
Berbano v.
prisoner in Muntinlupa, will be released after they PAID (P 64, 000)
Barcelona
have paid him a sum of money, through the
assistance of a Justice in the Supreme Court.
Atty. Melo failed to remit rental collection of her DISBARMENT
Licuanan v. Melo tenant to her client in a previous ejectment case
suit.
A lawyer who takes advantage of his client’s financial plight to acquire the latter’s
properties for his own benefit is destructive of the confidence of the public in the
fidelity, honesty, and integrity of the legal profession.
CASE FACTS PENALTY
Nazaria Hernandez engaged the services of Atty. Go DISBARMENT
to pay off her creditors. Due to her trust in her
lawyer, and out of fear of her properties getting
foreclosed, she executed deeds of sale without
Hernandez v. Go consideration in favor of Atty. Go (upon his
persuasion). However, Hernandez later found out
that Go didn’t sell her properties to pay off her
debts. Rather, he effectively sold it to himself, and
used his own funds to pay Hernandez’s creditors.
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 judgements and executions he has secured for his client as
provided for in the Rules of Court.
A lawyer is not entitled to unilaterally appropriate his client’s money for himself by
the mere fact alone that the client owes him attorney’s fees.
- A client’s failure to pay is not an excuse for a lawyer’s delivery of the amount
intended for the former.
- The failure of an attorney to return the client’s money upon demand gives rise to
the presumption that he has misappropriated it for his own use.
Under rule 16.03 of CPR, a lawyer has a lien for fees on moneys in his hands
collected for his client.
- But the fact alone, does not relieve him of his duty to promptly account for the
moneys received; his failure to do so constitutes professional misconduct.
Rule 16.04 - A lawyer shall not borrow money from his client unless the client’s
interests are fully protected by the nature of the case or by independent advice.
Neither shall a lawyer lend money to a client except, when in the interest of
justice, he has to advance necessary expenses in a legal matter he is handling
for the client.
The rule is that a lawyer shall not lend money to his client.
- EXCEPTION: when in the interest of justice, he has to advance necessary expenses
for a matter that he is handling for the client, such as filing fees, stenographer’s
fees for transcript of stenographic notes, cash bond or premium for surety bond,
etc.
Utmost fidelity is demanded once counsel agrees to take the cudgels for his client’s
cause.
When a lawyer takes a client's cause, he thereby covenants that he will exert all effort
for its prosecution until its final conclusion. The failure to exercise due diligence or
the abandonment of a client's cause makes such lawyer unworthy of the trust, which
the client had reposed on him.
Rule 18.01 - A lawyer shall not undertake a legal service which he knows or
should know that he is not qualified to render. However, he may render such
service if, with the consent of his client, he can obtain as collaborating counsel
a lawyer who is competent on the matter.
Rule 18.02 - A lawyer shall not handle any legal matter without adequate
preparation.
A lawyer owes entire devotion to the interest of his client, warmth and zeal in the
maintenance and defense of his rights and the exertion of his utmost learning and
ability, to the end that nothing can be taken or withheld from his client except in
accordance with the law.
A client is entitled to the benefit of all remedies and defenses authorized by law, and
is expected to rely on his lawyer to avail of these remedies or defenses.
Utmost fidelity is demanded once counsel agrees to take the cudgels for his client’s
cause.
- A lawyer should accept only as many cases as he can efficiently handle in order to
sufficiently protect his clients’ interests.
- It is not enough that a lawyer possesses the qualification to handle the legal
matter; he must also give adequate attention to his legal work.
The failure to exercise that degree of vigilance and attention makes such lawyer
unworthy of the trust reposed in him by his client and makes him answerable not just
to his client but also to the legal profession, the courts and society.
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and
shall respond within a reasonable time to client’s request for information.
As an officer of the court, it is the duty of an attorney to inform her client of whatever
information she may have acquired which it is important that the client should have
knowledge of. Keeping the client informed of the developments of the case will
minimize misunderstanding and [loss] of trust and confidence in the attorney.
Regardless of their personal views, lawyers must present every remedy or defense
within the authority of the law in support of that cause.
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.
ROC, RULE 138, SEC 20. Duties of attorneys. — It is the duty of an attorney:
(d) To employ, for the purpose of maintaining the causes confided to him, such
means only as are consistent with truth and honor, and never seek to mislead the
judge or any judicial officer by an artifice or false statement of fact or law.
Rule 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 on
handling the case.
Claiming of Fees
The right to recover attorney’s fees is but an incident of the case in which the services
of counsel have been rendered.
- The remedy for recovering attorney's fees as an incident of the main action may
be availed of only when something is due to the client.
- The issue over attorney’s fee only arises when something has been recovered
from which the fee is to be paid.
- If the main case from which the claims for their fees may arise has not yet become
final, the determination should be held in abeyance. In such a case, confirmation
of attorney’s fees is deemed premature.
A much higher compensation is allowed as contingent fees because of the risk that
the lawyer may get nothing if the suit fails.
A charging lien attaches only to judgments for money and executions in pursuance of
such judgment, and does not attach to the property in litigation.
- An enforceable charging lien, duly recorded, is within the jurisdiction of the court
trying the main case and this jurisdiction subsists until when the lien is settled.
- A client cannot defeat an attorney's right to his charging lien by dismissing the
case, terminating the services of his counsel, waiving his cause or interest in favor
of the adverse party or compromising his action.
o This does not apply when the termination of the case is at the instance of
the opposing party.
Counsel's claim for attorney's fees may be asserted either in the very action in which
the services in question have been rendered, or in a separate action.
If the claim for attorney’s fees is asserted in the very action in which the services in
question have been rendered, the Court may:
- Pass upon said claim, even if its amount were less than the minimum prescribed
by law for the jurisdiction of said court.
Fixing of Fees
Fees are paid on a:
1. Contingent basis – wherein terms between the attorney and client are controlling,
subject to judicial control.
2. Quantum meruit basis – wherein the Court determines the reasonable worth of the
attorney’s services.
Contingent fees are not prohibited by law. However, the fees are subject to the
supervision of a court, as to its reasonableness (i.e. judicial control).
- As courts have power to fix the fee as between attorney and client, it must
necessarily have the right to say whether a stipulation of attorney’s fees is valid.
- They are subject to the supervision and close scrutiny of the court in order to
protect clients from unjust charges.
- It is invalid when such a fee structure, when considered in conjunction with the
circumstances of the case, shows that:
o An unfair advantage was taken of the client;
o Legal fraud and imposition was perpetrated upon her; and
o The fee was grossly excessive and unconscionable.
Rule 20.02 - A lawyer shall, in cases of referral, with the consent of the client, be
entitled to a division of fees in proportion to 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.
Rule 20.04 - A lawyer shall avoid controversies with clients concerning his
compensation and shall resort to judicial action only to prevent imposition,
injustice of fraud.
The mere relation of attorney and client ought to preclude the attorney from
accepting the opposite party's retainer in the same litigation regardless of what
information was received by him from his first client.
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client
except:
a) When authorized by the client after acquianting him of the consequences of
the disclosure;
b) When required by law;
c) When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action.
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 he same to his own
advantage or that of a third person, unless the client with full knowledge of the
circumstances consents thereto.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners
or associates thereof unless prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent
those whose services are utilized by him, from disclosing or using confidences
or secrets of the client.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client’s affairs
even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a
particular case except to avoid possible conflict of interest.
Rule 22.01 -A lawyer may withdraw his services in any of the following cases:
a) When the client pursues an illegal or immoral course of conduct in
connection with the matter he is handling;
b) When the client insists that the lawyer pursue conduct violative of these
canons and rules;
c) When his inability to work with co-counsel will not promote the best interest
of the client;
d) When the mental or physical condition of the lawyer renders it difficult for
him to carry out the employment effectively;
e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;
f) When the lawyer is elected or appointed to public office; and
g) Other similar cases.
Read:
2004 Rules on Notarial Practice
B.M. 1755
Rule 139-B
1. After a finding that respondent lawyer must be suspended from the practice of law,
the Court shall render a decision imposing the penalty;
2. Unless the Court explicitly states that the decision is immediately executory upon
receipt thereof, respondent has 15 days within which to file a motion for
reconsideration thereof. The denial of said motion shall render the decision final and
executory;
3. 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;
4. 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;
5. The Sworn Statement shall be considered as proof of respondent’s compliance with
the order of suspension;
6. Any finding or report contrary to the statements made by the lawyer under oath shall
be a ground for the imposition of a more severe punishment, or disbarment, as may
be warranted.
CANON 1
INDEPENDENCE
CANON 4
PROPRIETY
CANON 5
EQUALITY
CANON 6
COMPETENCE AND DILIGENCE