A2015 Legal Profession Finals Reviewer - Feliciano PDF

UP LAW | A2015
Legal Profession | M.S. Feliciano
LEGAL PROFESSION
FINALS REVIEWER
Prof. Myrna S. Feliciano

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LEGAL PROFESSION

A. Supervision and Control
SupremeCourt²Constitution
Art. VIII Section 5. The Supreme Court shall have the following powers: xxx (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 under-privileged. 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. xxx
Congress
Art. XII Section 14 (2). xxx The practice of all professions in the Philippines shall be limited to Filipino citizens,
save in cases prescribed by law.
Art XVIII Section 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repealed by the Supreme Court or the Congress.
CASE LAW
TITLE QUICK FACTS DOCTRINE

In the matter of the IBP S Ct Constitutionality of the creation of The Supreme Court may integrate
Resolution Jan 9 (1973) the IBP was questioned. IBP the Philippine Bar in the exercise of
means the official unification of the its power, under Article VIII, Section
Creation and Constitutionality of the entire lawyer population of the RIWKH&RQVWLWXWLRQ³WR
IBP Philippines. This requires promulgate rules concerning
membership and financial support pleading, practice and procedure in
of every attorney as conditions sine all courts, and the admission to the
qua non to the practice of law and SUDFWLFHRIODZ´7KHSRZHUWR
the retention of his name in the Roll integrate is an inherent part of the
of Attorneys of the Supreme Court. &RXUW¶VFRQVWLWXWLRQDODXWKRULW\RYHU
Complete unification is not possible the Bar.
unless it is decreed by an entity
with power to do so: the State. Bar
integration thus 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.
In re Cunanan (1954) Congress passed a bill reducing Admission to practice of law is
the passing average in the bar almost without exception conceded
Bar Flunkers Act exams in because of the war. It everywhere to be the exercise of a
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was ruled unconstitutional. judicial function. It is one of the
inherent powers of the court.

B. Practice of Law
CASE LAW

Cayetano v. Monsod (1991) Monsod was appointed as A liberal interpretation of the
COMELEC Chairman which practice of law was adopted: such
Liberal interpretation of the requires 10 years of practice of law. practice involves the application of
³SUDFWLFHRIODZ´ 0RQVRG¶VSUHYLRXVH[SHULHQFHV legal principles and techniques not
were then questioned as to whether limited to court appearances but
WKH\FRQVWLWXWHGWKH³SUDFWLFHRI matters in connection with the law
ODZ´RUQRW,WZDVKHOGWKDWLWZDV requiring legal knowledge, covering
advocacy, counseling and public
servicealso encompasses the
preparation of pleadings and legal
instruments and the like and giving
legal advice and counseling to
clients.
REQUIREMENTS FOR ADMISSION TO THE PRACTICE OF LAW

A. Legal Education
Pre-Law Rule 138 Sec. 6. Pre-Law. - No applicant for admission to the bar examination shall be admitted unless
he presents a certificate that he has satisfied the Secretary of Education that, before he began the study of law,
he had pursued and satisfactorily completed in an authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course, the course of study prescribed therein for a
bachelor's degree in arts or sciences with any of the following subjects as major or field of concentration: political
science, logic, english, spanish, history and economics.
Law Proper: Rule 138, Sec. 5 Rules of Court Additional requirements for other applicants. - All applicants for
admission other than those referred to in the two preceding sections shall, before being admitted to the
examination, satisfactorily show that they have regularly studied law for four years, and successfully completed
all prescribed courses, in a law school or university, officially approved and recognized by the Secretary of
Education. The affidavit of the candidate, accompanied by a certificate from the university or school of law, shall
be filed as evidence of such facts, and further evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the following
courses in a law school or university duly recognized by the government: civil law, commercial law, remedial law,
criminal law, public and private international law, political law, labor and social legislation, medical jurisprudence,
taxation and legal ethics.
RA 7662 (1993) Legal Education Reform Act
REPUBLIC ACT NO. 7662

AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE PURPOSE, A
LEGAL EDUCATION BOARD AND FOR OTHER PURPOSES.
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Section 1. Title. - This Act shall be known as the "Legal Education Reform Act of 1993."

Section 2. Declaration of Policies. - It is hereby declared the policy of the State to uplift the standards of legal
education in order to prepare law students for advocacy, counselling, problem-solving, and decision-making, to
infuse in them the ethics of the legal profession;; to impress on them the importance, nobility and dignity of the
legal profession as an equal and indispensable partner of the Bench in the administration of justice and to
develop social competence.
Towards this end, the State shall undertake appropriate reforms in the legal education system, require proper
selection of law students, maintain quality among law schools, and require legal apprenticeship and continuing
legal education.
Section 3. General and Specific Objective of Legal Education. - (a) Legal education in the Philippines is geared
to attain the following objectives:
(1) to prepare students for the practice of law;;
(2) to increase awareness among members of the legal profession of the needs of the poor,
deprived and oppressed sectors of society;;
(3) to train persons for leadership;;
(4) to contribute towards the promotion and advancement of justice and the improvement of its
administration, the legal system and legal institutions in the light of the historical and
contemporary development of law in the Philippines and in other countries.
(b) Legal education shall aim to accomplish the following specific objectives:
(1) to impart among law students a broad knowledge of law and its various fields and of legal
institutions;;
(2) to enhance their legal research abilities to enable them to analyze, articulate and apply the
law effectively, as well as to allowthem to have a holistic approach to legal problems and
issues;;
(3) to prepare law students for advocacy, counselling, problem-solving and decision-making,
and to develop their ability to deal with recognized legal problems of the present and the future;;
(4) to develop competence in any field of law as is necessary for gainful employment or
sufficient as a foundation for future training beyond the basic professional degree, and to
develop in them the desire and capacity for continuing study and self-improvement;;
(5) to inculcate in them the ethics and responsibilities of the legal profession;; and
(6) to produce lawyers who conscientiously pursue the lofty goals of their profession and to
fully adhere to its ethical norms.
Section 4. Legal Education Board;; Creation and Composition. - To carry out the purpose of this Act, there is
hereby created the Legal Education Board, hereinafter referred to as the Board, attached solely for budgetary
purposes and administrative support to the Department of Education, Culture and Sports.
The Board shall be composed of a Chairman, who shall preferably be a former justice of the Supreme Court or
Court of Appeals, and the following as regular members: a representative of the Integrated Bar of the Philippines
(IBP);; a representative of the Philippine Association of Law Schools (PALS);; a representative from the ranks of
active law practitioners;; and, a representative from the law students' sector. The Secretary of the Department of
Education, Culture and Sports, or his representative, shall be an ex officio member of the Board.
With the exception of the representative of the law students' sector, the Chairman and regular members of the
Board must be natural-born citizen of the Philippines and members of the Philippine Bar, who have been
engaged for at least ten (10) years in the practice of law, as well as in the teaching of law in a duly authorized or
recognized law school.
Section 5. Term of Office;; Compensation. - The Chairman and regular members of the Board shall be appointed
by the President for a term of five (5) years without reappointment from a list of at least three (3) nominees
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prepared, with prior authorization from the Supreme Court, by the Judicial and Bar Council, for every position or
vacancy, and no such appointment shall need confirmation by the Commission on Appointments. Of those first
appointed, the Chairman and the representative of the IBP shall hold office for five (5) years, the representatives
of the PALS and the PALP, for three (3) years;; and the representative from the ranks of active law practitioners
and the representative of the law students' sector, for one (1) year, without reappointment. Appointments to any
vacancy shall be only for the unexpire portion of the term of the predecessor.
The Chairman and regular members of the Board shall have the same salary and rank as the Chairman and
members, respectively, of the Constitutional Commissions: Provided, That their salaries shall not be diminished
during their term of office.
Section 6. Office and Staff Support. - The Department of Education, Culture and Sports shall provide the
necessary office and staff support to the Board, with a principal office to be located in Metropolitan Manila.
The Board may appoint such other officers and employees it may deem necessary in the performanceof its
powers and functions.
Section 7. Powers and Functions. - For the purpose of achieving the objectives of this Act, the Board shall
havethe following powers and functions:
(a) to administer the legal education system in the country in a manner consistent with the provisions of
this Act;;
(b) to supervise the law schools in the country, consistent with its powers and functions as herein
enumerated;;
(c) to set the standards of accreditation for law schools taking into account, among others, the size of
enrollment, the qualifications of the members of the faculty, the library and other facilities, without
encroaching upon the academic freedom of institutions of higher learning;;
(d) to accredit law schools that meet the standards of accreditation;;
(e) to prescribe minimum standards for law admission and minimum qualifications and compensation of
faculty members;;
(f) to prescribe the basic curricula for the course of study aligned to the requirements for admission to
the Bar, law practice and social consciousness, and such other courses of study as may be prescribed
by the law schools and colleges under the different levels of accreditation status;;
(g) to establish a law practice internship as a requirement for taking the Bar which a law student shall
undergo with any duly accredited private or public law office or firm or legal assistance group anytime
during the law course for a specific period that the Board may decide, but not to exceed a total of twelve
(12) months. For this purpose, the Board shall prescribe the necessary guidelines for such accreditation
and the specifications of such internship which shall include the actual work of a new member of the
Bar.
(h) to adopt a system of continuing legal education. For this purpose, the Board may provide for the
mandatory attendance of practicing lawyers in such courses and for such duration as the Board may
deem necessary;; and
(i) to perform such other functions and prescribe such rules and regulations necessary for the
attainment of the policies and objectives of this Act.
Section 8. Accreditation of Law Schools. - Educational institutions may not operate a law school unless
accredited by the Board. Accreditation of law schools may be granted only to educational institutions recognized
by the Government.
Section 9. Withdrawal or Downgrading of Accreditation. - The Board may withdraw or downgrade the
accreditation status of a law school if it fails to maintain the standards set for its accreditation status.
Section 10. Effectivity of Withdrawal or Downgrading of Accreditation. - The withdrawal or downgrading of
accreditation status shall be effetive after the lapse ofthe semester or trimester following the receipt by the school
of the notice of withdrawal or downgrading unless, in the meantime, the school meets and/or upgrades the
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standards or corrects the deficiencies upon which the withdrawal or downgrading of the accreditation status is
based.
Section 11. Legal Education Fund. - There is hereby created a special endowment fund, to be known as the
Legal Education Fund, which shall be under the control of the Board, and administered as a separate fund by the
Social Security System (SSS) which shall invest the same with due and prudent regard to its solvency, safety
and liquidity.
The Legal Education Fund shall be established out of, and maintained from, the amounts appropriated pursuant
to paragraph 2, Section 13 hereof, and from sixty percent (60%) of the privilege tax paid by every lawyer
effective Fiscal Year 1994;; and from such donations, legacies, grant-in-aid and other forms of contributions
received by the Board for the purposes of this Act.
Being a special endowment fund, only the interests earned on the Legal Education Fund shall be used
exclusively for the purposes of this Act, including support for faculty development grants, professorial chairs,
library improvements and similar programs for the advancement of law teaching and education in accredited law
schools.
The Fund shall also be used for the operation of the Board. For this purpose, an amount not exceeding ten
percent (10%) of the interest on the Fund shall be utilized.
The Board, in consultation with the SSS, shall issue the necessary rules and regulations for the collection,
administration and utilization of the Fund.
Section 12. Coverage. - The provisions of this Act shall apply to all schools and colleges of law which are
presently under the supervision of the Department of Education, Culture and Sports. Hereafter, said supervision
shall be transferred to the Board. Law schools and colleges which shall be established following the approval of
this Act shall likewise be covered.
Section 13. Appropriation. - The amount of One Million Pesos (P1,000,000.00) is hereby authorized to be
charged against the current year's appropriation of the Contingent Fund for the initial expenses of the Board.
To form part of the Legal Education Fund, there shall be appropriated annually, under the budget of the
Department of Education, Culture and Sports, the amount of Ten Million Pesos (P10,000,000.00) for a period of
ten (10) years effective Fiscal Year 1994.
Section 14. Separability Clause. - If any provision of this Act is declared unconstitutional or the application
thereof to any person, circumstance or transaction is held invalid, the validity of the remaining provisions of this
Act and the applicability of such provisions to other persons, circumstances and transactions shall not be
affected thereby.
Section 15. Repealing Clause. - All laws, decrees, executie orders, rules and regulations, issuances or parts
thereof inconsistent with this Act is hereby repealed or amended accordingly.
Section 16. Effectivity. - This Act shall take effect after fifteen (15) days following the completion of its publication
in the Official Gazette or in any two (2) newspapers of general circulation.
Approved: 23 December 1993.
B. Citizenship
Constitution
Art. XII Section 14 (2). XxxThe practice of all professions in the Philippines shall be limited to Filipino citizens,
save in cases prescribed by law
RA 9225(2003) Dual Citizenship Act
August 29, 2003

AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP
PERMANENT.
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AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title ± this act shall be known as the "Citizenship Retention and Re-acquisition Act of
2003."
Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of
another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-
born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-
acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:
"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of
the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted
authorities of the Philippines;; and I hereby declare that I recognize and accept the supreme authority of
the Philippines and will maintain true faith and allegiance thereto;; and that I imposed this obligation
upon myself voluntarily without mental reservation or purpose of evasion."
Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country
shall retain their Philippine citizenship upon taking the aforesaid oath.
Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below
eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be
deemed citizenship of the Philippines.
Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship
under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities
under existing laws of the Philippines and the following conditions:
(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1,
Article V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee
Voting Act of 2003" and other existing laws;;
(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public
office as required by the Constitution and existing laws and, at the time of the filing of the certificate of
candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public
officer authorized to administer an oath;;
(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the
Republic of the Philippines and its duly constituted authorities prior to their assumption of
office: Provided, That they renounce their oath of allegiance to the country where they took that oath;;
(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for
a license or permit to engage in such practice;; and
(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be
exercised by, or extended to, those who:
(a) are candidates for or are occupying any public office in the country of which they are
naturalized citizens;; and/or
(b) are in active service as commissioned or non-commissioned officers in the armed forces of
the country which they are naturalized citizens.
Section 6. Separability Clause - If any section or provision of this Act is held unconstitutional or invalid, any
other section or provision not affected thereby shall remain valid and effective.
Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.
Section 8. Effectivity Clause ± This Act shall take effect after fifteen (15) days following its publication in
theOfficial Gazette or two (2) newspaper of general circulation.
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CASE LAW

Petition for Leave to Resume Petitioner was a lawyer in the Phil, GENERAL RULE: Loss of Filipino
Practice of Law, Dacanay (2007) migrated to Canada to seek citizenship ipso jure terminates the
medical services and was privilege to practice law in the
Naturalized in Canada naturalized. He reacquired Phil Philippines EXCEPTION: When a
citizenship under RA 9225. His Filipino lawyer becomes a citizen of
membership to the bar was not another country and reacquires
deemed to have been terminated Filipino citizenship in
but could had to comply with accordance with RA 9225.Other
certain conditions before he was FRQGLWLRQVVXFKDVWKH³VDWLVIDFWRU\
allowed to practice in the Phil again evidence of good moral character,
(pay IBP dues, taxes, mandatory and that no charges against him,
continuing legal education involving moral turpitude, have
UHTXLUHPHQWUHWDNHODZ\HU¶VRDWK been filed or are pending in any
FRXUWLQWKH3KLOLSSLQHV´LV
necessary.
C. Bar Examinations
Rules of Court 138 secs.7-16
Rule 138, Rules of Court (as of 2005) Sec. 7.Time for filing proof of qualifications.- All applicants for admission
shall file with the clerk of the Supreme Court the evidencerequired by section 2 of this rule at least fifteen (15)
days before the beginning of the examination. If not embraced within sections 3 and 4 of this rule, they shall also
file within the same period the affidavit and certificate required by section 5, and if embraced within sections 3
and 4 they shall exhibit a license evidencing the fact of their admission to practice, satisfactory evidence that the
same has not been revoked, and certificates as to their professional standing. Applicants shall also file at the
same time their own affidavits as to their age, residence, and citizenship.
Sec. 8. Notice of applications.- Notice of applications for admission shall be published by the clerk of the
Supreme Court in newspapers published in Filipino, English and Spanish, for at least ten (10) days before the
beginning of the examination.
Sec. 9. Examination;; subjects.- Applicants not otherwise provided for in sections 3 and 4 of this rule, shall be
subjected to examinations in the following subjects: Civil Law;; Labor and Social Legislation;; Mercantile Law;;
Criminal Law;; Political Law (Constitutional Law, Public Corporations, and Public Officers);; International Law
(Private and Public);; Taxation;; Remedial Law (Civil Procedure, Criminal Procedure, and Evidence);; Legal Ethics
and Practical Exercises ( in Pleading and Conveyancing).
Sec. 10. Bar examination, by questions and answers, and in writing. - Persons taking the examination shall not
bring papers, books or notes into the examination rooms. The questions shall be the same for all examinees and
a copy thereof, in English or Spanish, shall be given to each examinee. Examinees shall answer the questions
personally without help from anyone. Upon verified application made by an examinee stating that his
penmanship is so poor that it will be difficult to read his answers without much loss of time, the Supreme Court
may allow such examinee to use a typewriter in answering the questions. Only noiseless typewriters shall be
allowed to be used.
The committee of bar examiners shall take such precautions as are necessary to prevent the substitution of
papers or commission of other frauds. Examinees shall not place their names on the examination papers. No
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oral examination shall be given.
Sec. 11. Annual examination. - Examinations for admission to the bar of the Philippines shall take place annually
in the City of Manila. They shall be held in four days to be designated by the chairman of the committee on bar
examiners. The subjects shall be distributed as follows: First day: Political and International Law (morning) and
Labor and Social Legislation (afternoon);; Second day: Civil Law (morning) and Taxation (afternoon);; Third day:
Mercantile Law (morning) and Criminal Law (afternoon);; Fourth day: Remedial Law (morning) and Legal Ethics
and Practical Exercises (afternoon).
Sec. 12. Committee of examiners. - Examinations shall be conducted by a committee of bar examiners to be
appointed by the Supreme Court. This committee shall be composed of a Justice of the Supreme Court, who
shall act as chairman, and who shall be designated by the court to serve for one year, and eight members of the
bar of the Philippines, who shall hold office for a period of one year. The names of the members of this
committee shall be published in each volume of the official reports.
Sec. 13. Disciplinary measures. - No candidate shall endeavor to influence any member of the committee, and
during examination the candidates shall not communicate with each other nor shall they give or receive any
assistance. The candidate who violates this provision, or any other provision of this rule, shall be barred from the
examination, and the same to count as a failure against him, and further disciplinary action, including permanent
disqualification, may be taken in the discretion of the court.
Sec. 14. Passing average. - In order that a candidate may be deemed to have passed his examinations
successfully, he must have obtained a general average of 75 per cent in all subjects, without falling below 50 per
cent in any subject. In determining the average, the subjects in the examination shall be given the following
relative weights: Civil Law, 15 percent;; Labor and Social Legislation, 10 percent;; Mercantile Law, 15 percent;;
Criminal Law, 10 percent;; Political and International Law, 15 percent;; Taxation, 10 percent;; Remedial Law, 20
percent;; Legal Ethics and Practical Exercises, 5 percent.
Sec. 15. Report of the committee;; filing of examination papers. - Not later than February 15th after the
examination, or as soon thereafter as may be practicable, the committee shall file its report on the result of such
examination. The examination papers and notes of the committee shall be filed with the clerk and may there be
examined by the parties in interest, after the court has approved the report.
Sec. 16. Failing candidates to take review course. - Candidates who have failed the bar examinations for three
times shall be disqualified from taking another examination unless they show to the satisfaction of the court that
they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course
in a recognized law school.
The professors of the individual review subjects attended by the candidates under this rule shall certify under
oath that the candidates have regularly attended classes and passed the subjects under the same conditions as
ordinary students and the ratings obtained by them in the particular subject.
Bar Matter No. 1153 Re: Letter of Atty. Estelito Mendoza... BM 1161
Proposed Reforms in the Bar Examinations
A. For implementation within (1) up to two (2) years:
1. Initial determination by the Chairman of admission to the bar examinations of candidates (on the merits of
each case) to be passed upon by the Court en banc.
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2. Submission by law deans of a certification that a candidate has no derogatory record in school and, if any,
the details and status thereof.
3. Disqualification of a candidate after failing in three (3) examinations, provided, that he may take a fourth
and fifth examination if he successfully completes a one (1) year refresher course for each examination;;
provided, further, that upon effectivity of this Resolution, those who have already failed in five (5) or more
bar examinations shall be allowed to take only one (1) more bar examination after completing a one (1)
year refresher course.
4. Promulgation of disciplinary measures for those involved in (a) attempts to violate or vitiate the integrity
and confidentiality of the bar examination process;; (b) improper conduct during the bar examinations;; (c)
LPSURSHUFRQGXFWRI³EDURSHUDWLRQV´
5. Disqualifications of a Bar Examination Chairperson:
(a) kinship with an examinee who is his or her spouse or relative within the third civil degree of
consanguinity;;
(b) having a member of his or her office staff as an examinee;; or when the spouse or child of such
staff member is an examinee;; and
(c) being a member of the governing board, faculty or administration of a law school.
6. Desirable qualifications of Examiners:
(a) membership in good standing in the Philippine Bar;;
(b) competence in the assigned subject;;
(c) a teacher of the subject or familiarity with the principles of test xxx
EN BANC
[B.M. No. 1153, March 09, 2010] RE: LETTER OF ATTY. ESTELITO P. MENDOZA PROPOSING REFORMS
IN THE BAR EXAMINATIONS THROUGHAMENDMENTS TO RULE 138 OF THE RULES OF COURT

Sirs/Mesdames:
Quoted hereunder, for your information is a resolution of Court En Banc dated March 9, 2010 B.M. No. 1153 (Re:
Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar Examinations Through Amendments to Rule
138 of the Rules of Court). The Court Resolved to APPROVE the proposed amendments to Sections 5 and 6 of
Rule 138, to wit:

SEC. 5.Additional requirement for other applicants.- All applicants for admission other than those referred to in
the two preceding sections shall, before being admitted to the examination, satisfactorily show that they have
successfully completed all the prescribed courses for the degreeof Bachelor of Laws or its equivalent degree, in
a law school or university officially recognized by the Philippine Government or by the proper authority in the
foreign jurisdiction where the degree has been granted.
No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be admitted to the bar
examination unless he or she has satisfactorily completed the following course in a law school or university duly
recognized by the government: civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence, taxation and legal ethics.
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A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon
submission to the Supreme Court of certifications showing: (a) completion of all courses leading to the degree of
Bachelor of Laws or its equivalent degree;; (b) recognition or accreditation of the law school by the proper
authority;; and (c) completion of all the fourth year subjects in the Bachelor of Laws academic program in a law
school duly recognized by the Philippine Government.

SEC. 6. Pre-Law. - An applicant for admission to the bar examination shall present a certificate issued by
the proper government agency that, before commencing the study of law, he or she had pursued and
satisfactorily completed in an authorized and recognized university or college, requiring for admission thereto the
completion of a four-year high school course, the course of study prescribed therein for a bachelor's degree in
arts or sciences. A Filipino citizen who completed and obtained his or her Bachelor of Laws degree or its
equivalent in a foreign law school must present proof of having completed a separate bachelor's degree course.
D. Good Moral Character as a Pre-requisite to Bar Admission

In the Matter of the Meling did not disclose that he had Good moral character includes at
Disqualification of Bar Examinee 3 pending criminal cases in his least common honesty. His act of
Maling (2004) Petition to take the Bar Exams. He concealing them which constitutes
KDGDOVREHHQXVLQJ³$WWRUQH\´LQ dishonesty. The unauthorized use
3 criminal cases;; Concealment of his communications. RIWKHDSSHOODWLRQ³DWWRUQH\´PD\
truth=as good as lying render a person liable for indirect
contempt of court.
In re Al C. Argosino (1995) Agrosino was convicted of The requirement of good moral
homicide through reckless character to be satisfied by those
Hazing incident imprudence from a hazing incident. who would seek admission to the
After he was released, he was bar must of necessity be more
allowed to take the bar but not stringent than the norm of
allowed to take the oath. SC then conduct expected from members
ruled he may take the oath if he is of the general public. There is a
able to comply with requirements of very real need to prevent a general
good moral character (show that he perception that entry into the legal
has made up for his offense) profession is open to individuals
with inadequate moral
qualifications. The growth of such a
perception would signal the
progressive destruction of our
people's confidence in their courts
of law and in our legal system as
we know it.
E. Law Student Practice Rule
Rules of Court, Rule 138 A
Section 1. Conditions for student practice.- A law student who has successfully completed his 3rd year of the
regular four-year prescribed ODZFXUULFXOXPDQGLVHQUROOHGLQDUHFRJQL]HGODZVFKRRO¶VFOLQLFDOOHJDOHGXFDWLRQ
program approved by the Supreme Court, may appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the
legal clinic of the law school.
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Sec. 2. Appearance.- The appearance of the law student authorized by this rule, shall be under the direct
supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school.
Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising
attorney for and in behalf of the legal clinic.
Sec. 3. Privileged communications.- The Rules safeguarding privileged communications between attorney and
client shall apply to similar communications made to or received by the law student, acting for the legal clinic.
Sec. 4. Standards of conduct and supervision.- The law student shall comply with the standards of professional
conduct governing members of the Bar. Failure of an attorney to provide adequate supervision of student
practice may be a ground for disciplinary action.

Cruz v. Mina (2007) Petitioner, 3rd year law student, filed There is really no problem as to the
to represent his father in a case. He application of Section 34 of Rule
Rule 138-A vs. Sec 34 Rule 138 justifies his appearance as private 138 and Rule 138-A. In the former,
prosecutor under Sec 34 Rule 138. the appearance of a non-lawyer, as
MeTC denied permission pursuant an agent or friend of a party litigant,
to amended Rule 138-A on is expressly allowed, while the
appearances of law students in latter rule provides for conditions
court. when a law student, not as an
agent or a friend of a party litigant,
may appear before the courts. His
appearance was allowed under Sec
34 Rule 138.
F. Non-Lawyers authorized to Appear in Courts/Quasi-Judicial Agencies
Rule 138, Rules of Court (as of 2005)
Sec. 33. Standing in court of persons authorized to appear for Government.- Any official or other person
appointed or designated in accordance with law to appear for the Government of the Philippines shall have all
the rights of a duly authorized member of the bar to appear in any case in which said government has an interest
direct or indirect.
Sec. 34. By whom litigation conducted.- In the court of a justice of the peace a party may conduct his litigation in
person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any
other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be
either personal or by a duly authorized member of the bar.
Act No. 2259
Sec. 9. Any person claiming any interest in any part of the lands, whether named in the notice or not, shall
appear before the court by himself, or by some person in his behalf and shall file an answer on or before the
return day or within such further time as may be allowed by the court. The answer shall be signed and sworn to
by the claimant or by some person in his behalf, and shall state whether the claimant is married or unmarried
and, if married, the name of the husband or wife and the date of the marriage, and shall also contain;;
(a) The age of the claimant.
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(b) The cadastral number of the lot or lots claimed as appearing on the plan filed in the case by the
Director of Lands, or the block and lot numbers, as the case may be.
(c) The name of the barrio and municipality, township or settlement in which the lots are situated.
(d) The names of the owners of the adjoining lots as far as known to the claimant
(e) If the claimant is in possession of the lots claimed and can show no express grant of the land by the
Government to him or to his predecessors in interest the answer shall state the length of time he has
held such possession and the manner in which it has been acquired, and shall also state the length of
time, as far as known, during which his predecessors, if any, held possession.
(f) If the claimant is not in possession or occupation of the land the answer shall fully set forth the
interest claimed by him and the time and manner of its acquisition.
(g) If the lots have been assessed for taxation, their last assessed value.
(h)The incumbrances, if any, affecting the lots and the names of adverse claimants as far as known.
Labor Code
Art. 222. Appearances and Fees.
a. Non-lawyers may appear before the Commission or any Labor Arbiter only:
1. If they represent themselves;; or
2. If they represent their organization or members thereof.
E1RDWWRUQH\¶VIHHVQHJRWLDWLRQIHHVRUVLPLODUFKDUJHVRIDQ\NLQGDULVLQJIURPDQ\FROOHFWLYHEDUJDLQLQJ
agreement shall be imposed on any individual member of the contracting union: Provided, However, that
DWWRUQH\¶VIHHVPD\EHFKDUJHGDJDLQVWXQLRQIXQGVLQDQDPRXQWWREHDJUHHGXSRQE\WKHSDUWLHV$Q\
contract, agreement or arrangement of any sort to the contrary shall be null and void. (As amended by
Presidential Decree No. 1691, May 1, 1980)
DARAB RA 6657 as amended by RA 9700
RULE VIII
Appearances
SECTION 1. Appearance. ³ A lawyer appearing for a party is presumed to be properly authorized
for that purpose. A non-lawyer may appear before the Board or any of its Adjudicators, if:
a. He represents himself as a party to the case;;
b. +HUHSUHVHQWVDIDUPHUV¶RUJDQL]DWLRQRULWVPHPEHUVSURYLGHGWKDWKHVKDOOSUHVHQWSURRIRI
authority from the organization or its members or such authority duly signed by the President
or head of the organization;;
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c. He is a law student who has successfully completed his third year of the regular four-year
SUHVFULEHGODZFXUULFXOXPDQGLVHQUROOHGLQDUHFRJQL]HGODZVFKRRO¶VFOLQLFDOOHJDOHGXFDWLRQ
program approved by the Supreme Court. His appearance pursuant to this rule shall be under
the direct supervision and control of a member of the Integrated Bar of the Philippines duly-
accredited by the law school. Any and all pleadings, motions, memoranda or other papers to
be filed must be signed by the supervising attorney for and in behalf of the legal aid clinic.
d. He is a DAR Legal Officer duly authorized by the appropriate Head of Office in accordance
with the internal regulations of the Department of Agrarian Reform. For this purpose, the DAR
Legal Officer must have the prescribed authorization form before he may be allowed to appear
before the Board or any of its Adjudicators, Provided, that when there are two or more
representatives for any individual or group, such individual or group should choose only one
representative.
SECTION 2. Manner of Appearance. ³ Appearances may be oral or in writing. The complete
business address of the counsel or representative shall be made of record and the adverse party or his counsel
shall be properly notified. Any change in the address of counsel or representative shall be filed with the
Adjudicator with notice to the adverse party and counsel.
SECTION 3. Assignment of DAR Lawyer or Legal Officer. ³ A party appearing without counsel
or represented by a non-lawyer may be assigned a counsel de officio from among the DAR Lawyers or Legal
Officers designated by the appropriate Head of Office or a member of the bar who is willing to act as such
counsel de officio.
SECTION 4. Authority to Bind Party. ³ Attorneys and other representatives of parties cannot,
without a special power of attorney, enter into a compromise agreement with the opposing party when a full or
SDUWLDOGLVFKDUJHRIDFOLHQW¶VLQWHUHVWLVPDGH
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
FRXUWPD\LQLWVGLVFUHWLRQDOORZDQRWKHULQGLYLGXDOZKRLVQRWDQDWWRUQH\WRDVVLVWWKDWSDUW\XSRQWKHODWWHU¶V
consent.
*/DZ\HU·V2DWK
³,BBBBBBBBBBBBBBRIBBBBBBSODFHRIEirth)_______, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines;; I will support and defend its Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein;; I will do no falsehood nor consent to its commission;; I will not
wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same;; I
ZLOOQRWGHOD\DQ\PDQ¶VFDXVHIRUPRQH\RUPDOLFHDQGZLOOFRQGXFWP\VHOIDVDODZ\HUDFFRUGLQJ to the best of
my knowledge and discretion with all good fidelity as well to the courts as to my clients and I impose upon myself
WKLVREOLJDWLRQYROXQWDULO\ZLWKRXWDQ\PHQWDOUHVHUYDWLRQRUSXUSRVHRIHYDVLRQ6RKHOSPH*RG´
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THE LAWYER AND SOCIETY

AGPALO NOTES
Preliminary
x Lawyer is consantly confronted w conflicting loyalties which he must reconcile: he is answerable
not only to his client but to the court as an officer to the public.
x The criticism and prejudice against lawyers as a class stem largely from the failure on the part of
some practitioners to reconcile those conflicting loyalties.
o Such enforces the importance of the ethical aspect of advocacy and requires the formulation of
HWKLFDOVWDQGDUGVIRUWKHDWWRUQH\¶VJXLGDQFH
x In 1980, the IBP adopted a proposed Code of Professional Responsibility, which was later (Jusne
21, 1988) promulgated by the SC. (Comprised of 22 Canons and 77 rules)
Practice of law a profession
x Form of public trust, performance of which is entrusted only to those who are qualified and who
possess god moral character
x It is not a trade;; rather, a (noble) profession expressive of 3 ideals: organization, learning and
public service.
x Distinguished from business:
o Duty of public service of which emolument is a by-produce and in which one may attain the
highest eminence without making much money
o A relation as officer of the court to the administration of justice involving thorough sincerity,
integrity and reliability
o A relation to client in the highest degree fiduciary
o A relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort
to current business methods of advertising and encroachment on their practice or dealing
directly with their clients
Nature of office of attorney
x More than a mere agent because he possesses special powers of trust and confidence reposed in
him by his client. He is as independent as the judge²he is a public officer
x Occupies a quasi-judicial office, because he is in fact an officer of the court whose close and
intimate UHODWLRQVKLSZWKHEHQFKLVEHVWGHVFULEHGE\WKDWSKUDVHD³SULHVWRIMXVWLFH´
x A lawyer is an oath-bound servant of society whose conduct is clearly circumscribed by inflexible
norms of law and ethics as an instrument to advance the ends of justice (he can be compelled to render
prof services in favor of a destitute party)
x Subject to disciplinary authority of the court and to its orders and directives w respect to his relation
to the court and client.
Privileges of attorney
x He has the privilege as the first one to sit in judgment on every case, to set the judicial machinery in
motion
x Enjoys presumption of regularity in the discharge of his duty;; immune from liability to a 3 rd person
insofar as he does not materially depart from his character as a quasi-judicial officer
x His statements (if relevant) are apsolutely privileged
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x He can stand up for his client in the face of a hostile court
x Right to protest in a respectful language, any unwarranted treatment of a withness or any
unjustified delay in the administration of justice
Duties
x Maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the
law
x To observe and maintain the respect due the courts of justice and judicial officers
x To counsel and maintain such actions or proceedings only as he believes to be honestly debatable
under the law
x To employ for the purpose of maintaining the causes confided to him
x Maintain inviolate the confidence, to preserve the secrets of his client and to accept no
compensation in connection w KLVFOLHQW¶VEXVLQHVVH[FHSWIURPKLPRUZLWKKLVNQRZOHGJHDQGDSSURYDO
x Abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation
of the party or witness
x Not to encourage either the commencement or the continuance of an action or proceeding, or delay
a cause
x Never to reject the cause of the defeseless or the oppressed
x In defense of a person accused of a crime, present every defense that the law permits to the end
that no person may be deprived of life, liberty but by the due process of law
Necessity of representation by counsel
x A litigant who is not a lawyer is not expected to know laws for the administration of justice;; a person
unlearned in the law can neither aid litigants nor the court in that regard
x The law profession came into being as a result of that procedural development of the court, which
created the necessity for an atty and made him an essential part of the judicial machinery
x Constitutional protection of individual rights²ensure due process is followed before an individual is
deprived of life, liberty or property
o Custodial investigation is the questioning by law enforcement officers of a suspect taken into
custody or otherwise deprived of his freedom of action in a significant way
o No custodial investigation can be conducted unless it be in the presence of counsel engaged
by the person arrested or appointed by the court upon petition either of the detainee himself or
by one in his behalf
o Any confession without assistance of counsel is inadmissible
When appearance by counsel not obligatory
x Administrative proceedings
x Right to counsel may be waived
Waiver of right to counsel in criminal proceedings
x The right to counsel of an accused is absolute or immutable
x His option to secure the services of counsel de parte is not absolute, though. TC may restrict his
option to retain a counsel de parte if the accused insists on an atty he cannot afford, or the chosen
counsel is not a lawyer, or if lawyer validly refuses to represent him.
x In this case, the court assigns him a counsel de oficio
x Although Rule 115 of ROC allows a person to waive his right to counsel, if he cannot sufficiently
protect his rights, the court should advice him to secure counsel (either de parte²his choice, or
assigned to him²de officio)
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x Denial of due process cannot be successfully invoked where a valid waitver of rights has been
made
x Right to counsel during custodial investigation may not be waived except in writing and in the
presence and assistance of counsel

CANON 1 Promote and Respect Law and Legal Proces
Canon 1 A Lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law
and legal process.
AGPALO NOTES
xSociety entrusted to the legal profession the administration law and dispensing of justice.
xTrust requires: Lawyers to be in the forefront in the observance and maintenance of the rule of law and
the preservation of its democratic institutions and liberties
x First and foremost duty of a lawyer: maintain allegiance to the RP, uphold the Constitution and
obey the laws of the land.
x Lawyer is considered: servant of the law and belongs to a profession to which society has entrusted the
administration of law and the dispensing of justice.

CASE LAW

Zaldivar v. Gonzales (1988) The Tanodbayan Raul Gonzalez The SC, has plenary disciplinary
keeps recommending the filing of authority over attorneys, stemming
Harsh media statements criminal cases against Gov. from the constitutional mandate to
Zaldivar for corruption, but the SC regulate admission to law practice.
continuously issued TROs and It is an inherent power incidental to
cease and desist orders for the proper administration of justice
Gonzalez to stop prosecuting and and an orderly discharge of judicial
investigating Zaldivar’¶VFDVHV functions.
Gonzalez makes public statements There are two related powers :
in the media accusing members of 1. Power to discipline
the SC as “³IDYRULQJ”´=DOGLYDU attorneys.
questioning the integrity of the SC 2. Contempt power.
DORQJWKHZD\5HVSRQGHQW¶VPHGLD The end is to preserve the purity of
statements² questioning the the legal profession by purging it of
integrity of the SC and casting it in members who by their misconduct
gross disrepute and public distrust. proved themselves unworthy to be
Gonzales SUSPENDED. entrusted with the responsibilities of
being a lawyer.
In re Gutierrez (1962) Respondent convicted of murder Disbarred. Pardon does not place
but was pardoned on the condition him beyond the scope on the rule
Murder and pardon that he shall not violate any of the of disbarment as his pardon was
penal laws of the Phil. Widow of his conditional, and thus did not reach
victim filed for disbarment by the offense itself but merely
reason of his conviction of a crime remitted the unexecuted portion of
involving moral turpitude. his term.
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Rule 1.01. A lawyer shall not engage in unlawful conduct.
AGPALO NOTES
x A lawyer assumes responsibilities well beyond the basic requirements of good citizenship;; he must
make himself and exemplar for others to emulate
x Unlawful conduct: act or omission which is against the law.
x Dishonest act: act of lying or cheating
x Immoral or deceitful act: one that involves moral turpitude;; includes anything done contrary to justice,
modesty or good morals;; or to any vileness, baseness or depravity in the private and social duties that a
man owes to his fellowmen or society, contrary to accepted rule of right and duty between man and man
x Lawyer who engages in such behavior shall be held ADMINISTRATIVELY LIABLE

CASE LAW

Piatt v. Abordo (1933) Abordo, member of the Bar, GENERAL RULE: court will not
accepted the offer of 2 individuals assume jurisdiction to discipline
Opium;; 1 year suspension to sell him opium. He found that the one of its officers for misconduct
individuals had defrauded him, alleged to be committed in his
giving him sand for his money, private capacity.
instead of opium. He reported the EXCEPTION: gross misconduct not
incident and charged them w connected with his professional
estafa. He admits to enterring into duties, which show him to be unfit
WKHWUDQVDFWLRQEXWZDV³VLQFHUHO\ for the office and unworthy of the
VRUU\DQGZLOOQRWUHSHDW´ privileges which his license and the
SUSPENDED 1 year. law confer upon him
Ui v. Bonifacio (2000) Bonifacio maintained a relationship A lawyer may be disbarred for
with a man whom she thought was ³JURVVO\LPPRUDOFRQGXFW´RUE\
Hawaii getaway unmarried. However, she found reason of his conviction of a crime
that the man had 4 children with a LQYROYLQJ³PRUDOWXUSLWXGH´
woman she never bothered to Gross immoral conduct is that
inquire about. She begot 2 children
conduct which is willful, flagrant, or
from the relationship and they were
married in Hawaii. Ui, the legal shameless, and which shows
wife, filed for the disbarment of immoral indifference to the opinion
Bonifacio. of the good and respectable
Petition DISMISSED. ACQUITTED. members of the
community.However, the fact
remains that her relationship with
Carlos Ui, clothed as it was with
what respondent believed was a
valid marriage, cannot be
considered immoral.
Figueroa v. Barranco (1997) Figueroa petitioned that Barranco The Court found that the facts do
be denied his admission to the not constitute gross immorality
Breach in promise to marry + baby legal profession and that he not be warranting the permanent exclusion
allowed to take oath (after passing of the respondent from the legal
the bar on his 4th attempt in 1970) profession. His engaging in
allegedly because a child was born
premarital sexual relations and
out of wedlock to the petitioner and
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the respondent and that the promises to marry suggest doubtful
respondent did not fulfill his moral character on his part but the
promise to marry the petitioner. same does not constitute grossly
ALLOWED to take oath immoral conduct.
Pimentel v. Llorente (2000) Complainant alleges that, in Lawyers can be subject to
violation of R.A. No. 6646, disbarment proceedings even for
Tampering w ballot-counting respondents tampered with the their acts as government officials if
votes received by him. it violates the Code of Professional
FINE+WARNING Responsibility.
Cordova v. Cordova (1989) Respondent maintained a 2 year Requirement of good moral
adulterous relationship with a character persists as a continuing
Adultery married woman and flaunted his condition for membership in the Bar
disregard for the fundamental in good standing;; Moral
institution of marriage. delinquency w/c affects the fitness
SUSPENDED indefinitely. of members of the Bar is not
restricted to transgressions as to
their duties and responsibilities as
attorneys, but also conduct which
outrages the generally accepted
moral standards of the community.
People v. Tuanda (1990) Atty. Tuanda was SUSPENDED Sec 27-28 of Rule 138 ROC;;Atty.
from practice for violating B.P. 22. 7XDQGD¶VYLRODWLRQRI%3DOVR
BP 22 import deceit and violation of her
attorney's oath and the Code of
Professional Responsibility under
both of which she was bound to
"obey the laws of the land."
Conviction of a crime involving
moral turpitude might not (as in the
instant case, violation of B.P. Blg.
22 does not) relate to the exercise
of the profession of a lawyer;;
however, it certainly relates to and
affects the good moral character of
a person convicted of such offense.
Soriano v. Dizon (2006) Dizon had been convicted of Moral turpitude has been defined
frustrated homicide where he shot DV³HYHU\WKLQJZKLFKLVGRQH
DUI;; taxi driver overtake;; gun a taxi driver who had overtook him. contrary to justice, honesty,
He was driving under the influence. PRGHVW\RUJRRGPRUDOV´:KHQ
,ILWKDGQ¶WEHHQIRULPPHGLDWH lawyers are convicted of frustrated
medical attention, taxi driver would homicide, the attending
have died. Totality of events must circumstances - not the mere fact
be taken into consideration to of their conviction - would
evaluate crime of moral turpitude. demonstrate their fitness to remain
DISBARRED. in the legal profession. In the
present case, the apparent
vindictiveness, treachery and
brazen dishonesty of respondent
clearly show his unworthiness to
continue as a member of the bar.
Castillo vda. De Miajres v. Parties (both judges) were married The nature of the office of an
Villaluz (1997) but started living separately after an attorney at law requires that he
argument. Several months after, shall be a person of good moral
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Bigamy complainant learned that character. This qualification is not

respondent remarried and falsely only a condition precedent for
stated that he was SINGLE in his admission to the practice of law;; its
marriage license. SUSPENDED for continued possession is also
2 years. Mitigated by good service essential for remaining in the
rendered. practice of law.
Stemmerik v. Mas (2009) Atty. Mas was disbarred for having Canon 1²uphold constitution;;
deceived a foreigner into Respondent, in giving advice that
Anti-Dummy Law purchasing lands in the directly contradicted a
Philippines.He falsified public fundamental constitutional
documents and knowingly violated policy, showed disrespect for the
the Anti-Dummy Law. Constitution and gross
DISBARRED. ignorance of basic law.

Rule 1.02. A lawyer shall not counsel illegal activities.
AGPALO NOTES
x The responsibilities of a lawyer are greater than those of a private citizen
x He should not allow his services to be engaged by an organization whose members are violating the
law, to defend them when/if they get caught.
x SC underscored faithful compliance by lawyers with Rule 1.02 in its inquiry into the anomalous election
of IBP Officers in 1989 when it nullified the results after finding that the election was characterized by
electioneering activities and extravagance on the part of the candidates
o Candidates violated the ethics of the legal profession: duty to promote respect for law and legal
processes and abstain from activities aimed at defiance of the law or at lessening confidence
in the legal system
o Respect for the law is gravely eroded when lawyers themselves, who are supposed to be
minions of the law, engage in unlawful practices and cavalierly brush aside the very rules that
the IBP formulated for their observance.

CASE LAW

In Re Terrell (1903) Atty. Terell is SUSPENDED The promotion of an organization with the
from the practice of law for knowledgethatitwascreatedforthepurposeofviolatingor
Centro Bellas Artes²club assisting an organization evading penal laws justifies anattorney¶Vremoval or
to evade the law made for evading the law suspension fromthe practiceof law.
(Centro Bellas Artes)
Estrada v. SB (2003) Atty. Alan Paguia Court will not countenance any wrongdoing nor allow
relentlessly assaulted the WKHHURVLRQRIRXUSHRSOH¶VIDLWKLQWKHMXGLFLDO
Angry lawyer hates the SC. He considered the system, let alone, by those who have been privileged
SC decision of the court in by it to practice law in the Philippines;; A lawyer
Estrada v. Arroyo as a should observe and maintain the respect due to the
patent mockery to justice courts and judicial officers and, indeed, should insist
and due process. He had on similar conduct by others.
sent a letter addressed to
the Justices asking for
several advisory opinions
on matters pending before
the SB. In the Daily
Tribune, Atty. Paguia
criticized the decision in
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Estrada v. Arroyo as void

and unconstitutional. He
alleged that that the
proceeding has no
rudiment of fair play. He
also claimed that it was a
readymade judgment
waiting to be formalized.
SUSPENDED
INDEFINITELY.
Kupers v. Hontanosas Allegedly, respondent The court stresses that much is demanded from
(2009) prepared a memo of those who engage in the practice of law because
agreement and contract of they have duty not only to their clients but also to the
Lease to Swiss national lease between spouses FRXUWWRWKHEDUDQGWRWKHSXEOLF7KHODZ\HU¶V
Busse and Hochstasser, a diligence and dedication should not only promote the
Swiss national, for a term interest of his clients. A lawyer has the duty to attain
of 50 years, renewable for the ends of justice by maintaining respect for the
another 50. He also legal profession.
notarized another contract
of lease among aliens with
a term of 49 years
renewable for another 49.
(PD 471 allows only 25
years renewable for
another 25).

Rule 1.03 A lawyer shall not encourage lawsuits.
AGPALO NOTES
x To stir up litigation is a crime known as maintenance at common law.
x $PRQJWKHXQSURIHVVLRQDODFWVZKLFKFRPHZLWKLQWKHSURKLELWLRQLQFOXGHWKHODZ\HU¶V
o Volunteering advice to bring lawsuit, except in rare cases where ties of blood, relationship or
trust make it his duty to do so
o Hunting up defects in titles or other causes of action and informing thereof in order to be
employed to bring suit or collect judgment, or to breed litigation by seeking out those claims for
personal injuries or those having any other grounds of action in order to secure them as clients
o Employing agents or runners for like purposes
o Paying reward directly or indirectly to those who bring or influence the bringing of such cases
to his office
o Remunerating policemen, court or prison officials, physicians, hospital attaches or others who
may succeed, under the guise of giving disinterested friendly advice, in influencing the criminal,
the sick and the injured, the ignorant or others, to seek professional services;;
o Searching for unknown heirs and soliciting their employment of him
o Initiating a meeting of the members of club and inducing them to organize a contest legislation
under his guidance
o Purchasing notes to collect them by litigation at a profit
o Furnishing credit reports in expectation of possible employment
o Agreeing with a purchaser of future interests to invest therein in consideration of his services
x Purpose of prohibition: prevent ambulance chasing, which refers to: solicitation of almost any
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kind of legal business by laymen employed by an atty for the purpose or by the atty himself
x Ambulance chasing has spawned certain evils:
o Fomenting of litigation with resulting burdens on the courts and the public
o Subordination of perjury
o Mulcting of innocent persons by judgments, upon manufactured causes of actions
o Defrauding of injured persons having proper causes of action but ignorant of legal rights and
court procedure
Rule 1.04 A lawyer shall encourage amicable settlement
AGPALO NOTES
x The useful function of a lawyer is not only to conduct litigation but to avoid it where possible, by advising
settlement or withholding suit.
x He should be a mediator for concord and conciliator for compromise rather than an instigator of
controversy and a predator of conflict
x Parties to an amicable settlement enjoy benefits better than those which can legally be secured to them
by the most elaborate and exacting judicial procedure
o Litigation involves time (both for the court and the parties), expense and ill-feelings
o A compromise is often a better part of justice as prudence is the better part of valor and a
ODZ\HUZKRHQFRXUDJHVFRPSURPLVHLVQROHVVWKHFOLHQW¶VFKDPSLRQLQVHWWOHPHQWRXWRIFRXUW
WKDQKHLVWKHFOLHQW¶VFKDPSLRQLQWKHEDWWOHLQFRXUW
x :KDWVRPHWLPHVEHFORXGVWKHODZ\HU¶VMXGJPHQWDVWRZKDWLVEHVWIRUKLVFOLent is his eye on his
DWWRUQH\¶VIHHV
o Problem: conflict of interestsÆ lawyer must also resolve against self-interest.

CASE LAW

Castaneda v. Ago (1975) Ago lost in a civil suit. A series of Lawyers are bound by their duty to
actions were taken by Ago. They be mediators of parties issuing
Many suits, went on for 14 years maneuvered the issue for 14 years legal actions. They are expected to
which delayed the delivery of what advise their clients the proper time
was rightfully due to the winners of when to cease filing actions.
the suit.

CANON 2. PROVIDE EFFICIENT AND CONVENIENT LEGAL SERVICES
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
AGPALO NOTES
x The necessity of representation by counsel and the right to counsel in all judicial proceedings and, at
times, in administrative proceedings have given rise to the correlative duty on the part of the legal
profession, namely, to make legal services available in an efficient and convenient manner to those who
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need such services

x ³$SHUVRQWRLQQHHGRIOHJDOVHUYLFHVVKRXOGEHDEOHWRILQGDODZ\HUZKRLVTXDOLILHGWRSURYLGHWKHP,WLV
the responsibility of the bar to make such services available. A wide gap exists between the need and
LWVVDWLVIDFWLRQ´
x Poverty and the consequent inability to pay
x Ignorance not only of the need of legal services but also of where to find a competent and dependable
lawyer.
x There is also a fear of the delays and technicalities of the law and of overreaching and overcharging
lawyers
x Profession should therefore use such methods, compatible with its ethics and dignity to bring the services
of its members to those who are actually caught up in litigation as well as to those who have need of
legal advice to avoid litigation.

Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the defenseless or oppressed.
IBP Handbook, Guidelines Governing the Establishment and Operation of Legal Aid Office, Art. 1 sec. 1
PUBLIC RESPONSIBILITY
SECTION. 1. Public service. ± Legal Aid is not a matter of charity. It is a means for the correction of social
imbalances that may and often do lead to injustice, for which reason it is a public responsibility of the Bar. The
spirit of public service should, therefore, underlie all legal aid offices. The same should be so administered as to
give maximum possible assistance to indigent and deserving members of the community in all cases, matters
and situations in which legal aid may be necessary to forestall an injustice.
AGPALO NOTES
x Stems from one of the obligations incident to the status and privileges of a lawyer: to represent the
poor and oppressed in the prosecution of their claims or the defense of their rights
x Even in those instances in which he may not, for valid reasons, accept the case, the lawyer shall
not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard
WKHODWWHU¶VULJKts
x Courts may designate him as counsel de oficio under pain of disciplinary sanction
x This becomes:
o An opportunity to render public service
o A way to show that the practice of law is a profession
o Demonstrate that the efficient discharge of his duties does not depend upon payment/amount
of fees
x Not a charity but a correction of social imbalance

CASE LAW

Ledesma v. Climaco (1974) P filed for motion to withdraw from On the assumption that he
a pending criminal case as he was continues in his position as Election
Appointed Election Registrar appointed Election Registrar. Judge Registrar, his volume of work is
refused. P must represent clients. likely to be very much less.
Moreover, right to counsel could in
effect be rendered nugatory
(worthless or ineffective) if
withdrawal is allowed. A member of
the bar has an indispensable role in
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the defense of an accused, which

he could just easily abandon.

Rule 2.02 In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal
DGYLFHWRWKHSHUVRQFRQFHUQHGLIRQO\WRWKHH[WHQWQHFHVVDU\WRVDIHJXDUGWKHODWWHU·VULJKWV
AGPALO NOTES
x Lawyer may refuse to accept the cause for valid reasons such as when he is not in a position to
carry out the work effectively or competently
x HOWEVER, he shall not refuse to render legal advice to the person concerned if only to the extent
QHFHVVDU\WRVDIHJXDUGWKHODWWHU¶VLQWHUHVWVLHZKDWSUHOLPLQDU\VWHSVWRWDNH
x EXCEPTION: conflict of interests between him and another client

Rule 2.03 A lawyer shall not do or permit to be done any act designed to primarily solicit legal business.
Rule 138 Sec 27 Rules of Court Attorneys removed or suspended by Supreme Court on what grounds. ² 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 wilfull 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.
AGPALO NOTES
x Law prohibits lawyers from soliciting cases for the purpose of gain, either personally or through
paid agents or brokers and constitutes malpractice
x Rule prohibits professional touting²advertising in an aggressive, bold manner
x Prohibition includes
o Recommending himself
o Compensating another for recommendation
o 'LYLGLQJDWWRUQH\¶VIHHVZLWKDQRQ-lawyer who referred him

CASE LAW

In Re Tagorda Respondent used card written in The law is a profession and not a
Spanish and Ilocano which business. The preactice of soliciting
Card+ Letter advertised his services as notary cases at law for the purposes of
and attorney. He also addressed a gain, either personally or through
letter to a lieutenant offering his paid agents or brokers, constitutes
services as a lawyer and notary. malpractice and is a ground for
SUSPENDED 1 month. disbarment or suspension.
Ulep v. Legal Clinic (1933) The advertisements issued by Stands of legal profession
Legal Clinic promoting its services FRQGHPQODZ\HU¶VDGYHUWLVHPHQWRI
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Foreign divorce ads regarding Guam divorces, his talents like a merchant does of
remarriage, annulment, declaration his goods because law is a
of absence etc.The Legal Clinic, profession. The best advertising is
Inc. claims that it is not engaged in a well-merited reputation earned as
the practice of law but in the the outcome of character and
rendering of "legal support conduct.
services" through paralegals with
the use of modern computers and
electronic machines.
REPRIMANDED.
Linsangan v. Tolentino Complainant alleged that Lawyers are reminded that the
Tolentino, with the help of practice of law is a profession and
Pirating clients + Financial paralegal Labiano, convinced his not a business;; lawyers should not
Assistance clients to transfer legal advertise their talents as merchants
representation. Respondent advertise their wares. To allow a
promised them financial lawyer to advertise his talent or skill
assistance and expeditious is to commercialize the practice of
collection on their claims. law, degrade the profession in the
Respondent persistently called SXEOLF¶VHVWLPDWLRQDQGLPSDLULWV
/LQVDQJDQ¶VFOLHQWVDQGVHQWWKHP ability to efficiently render that high
text messages. Complainant also character of service to which every
preseQWHGUHVSRQGHQW¶VFDOOLQJFDUG member of the bar is called. Use of
which indicated that his services ³ZLWKILQDVVLVWDQFH´LQFDUGLVDQ
include financial assistance for advertisement.
clients. SUSPENDED.

Rule 2.04 A lawyer shall not charge rates lower than those customarily prescribed unless the
circumstances so warranted.
AGPALO NOTES
x Indirect solicitation: offering lower rates than that prescribed by others for similar work or service
x What the rule prohibits is the competition in the matter of charging professional fees for the purpose
of attracting clients
x LIMIT: This rule does not prohibit a lawyer from charging a reduced fee to an indigent or person
who would have difficulty paying

CANON 3 - INFORMATION ON LEGAL SERVICES THAT IS TRUE, HONEST, FAIR,
DIGNIFIED AND OBJECTIVE

Canon 3. A lawyer in making known his legal services shall use only true, honest, fair, dignified and
objective information or statement of facts.
AGPALO NOTES
x History: restriction originated from the practices in the Inns of Court of england. Barristers were
usually sons of well-to-do parents did not have to worry about earning a living and tradittionally looked
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down on all forms of trade and competition. They regarded law as primarily a public service. This
attitude was later recognized as custom and tradition of the legal profession= TRADITIONAL DIGNITY
x 2 reasons for restriction
o Fees are secondary to public service/administration of justice;; to allow a lawyer to advertise
himself is to commercialize the practice of law
o The profession is HIGHLY personal. Thus, advertising would necessarily involve self-praise or
PUFFING
Proper advertising
x What makes advertising improper is the employment of such methods as are incompatible with the
traditional dignity of a lawyer and the maintenance of correct professional standards or the use of
artificial means to augment the publicity that normally results from what a lawyer does.
x The best advertising: well-merited reputation for professional capacity and fidelity to trust, which
must be earned as the outcome of character and conduct
x EXCEPTIONS
o Publication in reputable law lists in a manner consistent with the standards of conduct
(containing brief bio and informative data²name, school, branches of law practice, contact
details)
Law list must be reputable and not a mere supplemental feature of a paper,
magazine, trade journal or periodical
o Ordinary simple professional card
o Brief and dignified announcement of his availability to serve other lawyers in
Should not constitute a statement or representation of special experience or
expertness
o Seeking of appointment to a pulic office which can be filled up only by a lawyer is not
solicitation
o Law journal in connection with an account of a legal matter of current interest in which he is
acting as counsel
o Foreclosure proceeding: may advertise property for sale over his name
o Association for the purpose of legal representation as a mode of expression and for meaningful
access to courts
o Free legal services to the indigent
x An atty may with propriety write articles for publications in which he gives information upon the law
but he should not accept employment from such publications to advise inquiries in respect to their
individual rights. WHY:
o Constitutes indirect advertising
o Violates confidential relation of atty and client
o Breach of traditional standards of the profession
Engaging in business or other occupation
x The fact that he is a lawyer does not preclude him from engaging in business.
x Impropriety arises when the business is of such a nature or is in such a manner as to be
LQFRQVLVWHQWZLWKWKHODZ\HU¶VGXWLHVDVDPHPEHURIWKHEDU
x He should make it clear to his client whether he is acting as a lawyer or in another capacity
x If too close to practice of law= indirect solicitation

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.
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AGPALO NOTES
x Cannot pay or give something of value to representatives of mass media in anticipation of, or in
return for publicity to attract legal business
x Also may not resort to indirect advertisements
x Not allowed: distribution of diary/appt book with attys card printed in the cover, posing for
photograph of incidents connected with a case which a lawyer is handling and pictures to be used in
newspaper articles;; requesting business from other lawyers;; newspaper ads

CASE LAW

Khan v. Simillo (2003) Advertisement for annulment cases The following distinguish the legal
that guaranteed a court decree profession from a business:
Advertisement for annulment within 4-6 months provided it did 1. The duty of public service, of
specialist not involve sep of prop or custody which emolument is a by-
was published. Lawyer product, and in which one may
SUSPENDED attain the highest eminence
without making much money
2. A relation as an officer of the
court to the administration of
justice involving thorough
sincerity, integrity and reliability
3. A relation to clients in the
highest degree of fidicuary
4. A relation to colleagues at the
bar characterized by candor,
fairness, and unwillingness to
resort to current business
methods of advertising and
encroachment on their
practice, or dealing directly
with their clients.

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.
AGPALO NOTES
x No person should be admitted or held out as a member who is not a lawyer
x The continued use of the name of a deceased partner is permissible provided that the firm
indicates in all its communications that the said partner is deceased (overturned by In re Sycip)
x Filipino lawyers cannot practice law under the name of a foreign firm, as the latter cannot practice
law in the Phil and the use of the foreign law firm in the country is unethical

CASE LAW

Dacanay v. Baker & McKenzie Juan G. Collas Jr and nine other Use by Philippine lawyers of the
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(1985) lawyers were practicing law under firm name of an American law firm
the name of Baker & McKenzie, a is unethical, as alien firms are not
Illionois law firm law firm organized in Illinois. authorized to practice law here.
5HVSRQGHQWV¶XVHRIWKHILUPQDPH
constitutes representation that
being associated with the firm, they
FRXOG³UHQGHUOHJDOVHUYLFHVRIWKH
highest quality to multinational
business enterpreises and others
engaged in foreign trade and
investment
In re Petition of Sycip (1979) Surviving partners of Atty. Article 1825 of the Civil Code
Alexander Sycip and by the prohibits a third person from
Dead partners surviving partners of Atty. Herminio including his name in the firm name
Ozaeta pray that they be allowed to under pain of assuming the liability
continue using, in the names of of a partner. . The public relations
their firms, the names of partners value of the use of an old firm
who had passed away. Court held name can tend to create undue
that they MAY NOT use the names advantages and disadvantages in
of their deceased partners. the practice of the profession. An
able lawyer without connections will
have to make a name for himself
starting from scratch. Another able
lawyer, who can join an old firm,
can initially ride on that old firm's
reputation established by deceased
partners.

Rule 3.03 Where a partner accepts public office, he shall withdraw from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law concurrently.
Constitution
Art 6 Sec 14. 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 administrative bodies. Neither
shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-
owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where he may be called upon to act on account
of his office.

Art 7 Sec 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They
shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special privilege granted by the Government or
any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or
their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.
Art 9 Section 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,
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any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or
their subsidiaries
AGPALO NOTES
x REASON: Public office is a public trust and a public officer or employee is obliged not only to
perform his duties with highest degree of responsibility, integrity, loyalty and efficiency but also with
exclusive fidelity;; Prohibition avoids conflicts of interests should he represent private interests
x Absolutely prohibited from engaging in private practice:
o Judges and other officials/employees of the courts
o SG office + gov prosecution offices
o President, VP, members of cabinet + depts and assistants
o Constitutional commissions
o Civil services
x /HJLVODWXUHQRWDEVROXWHO\SURKLELWHG+HLVRQO\SURKLELWHGIURPDSSHDULQJDV³FRXQVHOEHIRUHDQ\
court of justice or before the ET or quasi-judicial and other administrative bodies.
o :KDWLVSURKLELWHGLV³DSSHDUDQFH´LQFRXUWDQGRWKHUERGLHV7KLVLQFOXGHVQRWRQO\DUJXLQJD
case before an such body but also filing a pleading on behalf of a client DV³E\VLPSO\ILOLQJD
IRUPDOPRWLRQSOHDRUDQVZHU´6HQWRU&RQJUHVVPDQFDQQRWILOHSOHDGLQJV
o His name should accordingly be dropped from the firm name of which he is a name partner,
whenever the firm files a pleading on behalf of a client
x Governors, city and municipal mayors: prohibited from practicing their profession or engaging in
any occupation other than the exercise of their functions as local chief executives
x Sanggunian members may practice except
o They shall not appear as counsel before any court in any civil case wherein a LGU or any
office, agency or instrumentality of the gov is the adverse party
o They shall not appear as counsel in any crim case wherein an officer/employee of national or
LG is accused of an offense committed in relation to his office
o They shall not collect any fee for their appearance in admin proceedings involving the LGU unit
o They shall not use property and personnel of the gov except when the sanggu member
concerned is defending the interest of the govt
x Civil service office: may not engage in the private practice of law without the written permit from
the head of the dept concerned;; however, if expressly prohibited by law, cannot practice EVEN WITH
the permit
x LIABILITY:
o If the unauthorized practice on the part of a person who assumes to be an atty causes
damages to a party = ESTAFA
o If prohibition was expressly forbidden by law: CRIMINAL LIABILITY
o If without permit: ADMINISTRATIVE LIABILITY
CASE LAW

Samonte v. Gatdula (1999) Atty. Samonte was representing The card clearly gives the
her sister in an ejectment case. A impression that he is connected
Typo error gone awry;; clerk of court typographical error was committed with the said law firm. The
pirating clients in the address of the defendant in inclusion/retention of his name in
the ejectment case, Atty. Gatdula the professional card constitutes an
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was clerk of court in that RTC act of solicitation. It is unlawful for a
branch. When questioned by Atty. public official or employee to
Samonte, Atty. Gatdula blamed engage in the private practiceof
6DPRQWH¶VODZ\HUIRUWKH their profession.
typographical error in the complaint
for ejectment and that if she wanted
the execution to proceed, she
should change her lawyer and
retain the law office of respondent,
at the same time giving his calling
card
Rule 3.04 A lawyer shall not pay or give anything of value to representative of the mass media in
anticipation of, or in return for, publicity to attract legal business.
AGPALO NOTES
x Media publicity as a normal by-product of efficient legal service is not improper
x Improper: lawyer resorting to adroit propaganda to secure media publicit for the purpose of
attracting legal bsuiness
x Poses unfair advantage over others through the use of gimmickry, press agentry or other artificial
means
x Also prohibits indirect publicity gimmicks²getting photographed in connection with cases or
making a courtroom scene to attract attention
CASE LAW

Cruz v. Salva (1959) Fiscal was publicly censured for When publicity and sensationalism
encouraging media coverage is allowed, even encouraged, when
Criminal investigation reality TV during a reinvestigation of a case the case is on appeal and is
that was on appeal and pending pending consideration by the SC,
consideration by SC. Investigation the whole thing becomes
of the killing Manuel Monroy was inexcusable, even abhorrent, and
highly publicized: he asked the SC, in the interest of justice, is
media/press to give him questions constrained and called upon to put
for the investigation which he held an end to it and a deterrent against
in the session hall of the Municipal its repetition by meting an
Court of Pasay. appropriate disciplinary measure,
even a penalty to the one liable.

CANON 4 - PARTICIPATE IN IMPROVEMENT OF THE LEGAL SYSTEM: SUPPORT
LAW REFORMS AND ADMINISTRATION OF JUSTICE

Canon 4 - A lawyer shall participate in development of the legal system by initiating or supporting efforts
in law reform and in improvement of the administration of justice.
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AGPALO NOTES
x 6WHPVIURPODZ\HU¶VVHQVHRISXEOLFUHVSRQVLELOLW\
x The imporvement of the legal system cannot, however, be done by dreaming in a vacuum. The
lawyer must recognize that the law is a part of vast social network and he must interact with the rest of
society
x A lawyer must broaden out and continue to grow in knowledge and competence in order to be able
to make the law socially responsive

CANON 5 ± PARTICIPATE IN LEGAL EDUCATION PROGRAM

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.
AGPALO NOTES
x Applicable for lawyers in active practice and judges

x Must be updated with latest legal jurisprudence and developments
x Three-fold obligation of a lawyer
a. Continuous improvement of knowledge of law
b. Active interest in maintaining high standard of legal obligation
c. Make law a part of social consciousness
CASE LAW

Bar Matter 850 Credit units are either participatory A member not complying with
or non-participatory. MCLE requirements shall pay a
³0&/(´ non-compliance fee.
Participatory:
x Attending seminars, A member who fails to comply with
conferences. the requirements after the sixty (60)
Speaking or lecturing. day period for compliance has
x expired, shall be listed as a
Teaching in a law school delinquent member .
or

x Lecturing in a bar review
class.

Non-participatory :

x Preparing, as an author or
co-author, written
materials published or
accepted for publication
which contribute to the
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legal education

Editing a law book, law
journal or legal newsletter.

Bar Matter 1922 Practicing members of the bar are required to INDICATE in all pleadings
the number and date of issue of their MCLE Certificate of Compliance or
³0&/(DQG3OHDGLQJ´ Certificate of Exemption

CANON 6 ± CANONS APPLY TO LAWYERS IN GOVERNMENT SERVICE

THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF
THEIR OFFICIAL TASKS.
AGPALO NOTES
x Applicable for lawyers in government service.

x Lawyers do not shed professional obligations simply by assuming public office.

Collantes v. Renomeron A lawyer-register of deeds The Code of Professional
suspended registration of Responsibility applies to lawyers in
³UHJLVWHUDVNHGIRUEULEH´ documents under the condition that the government service in the
the company provides him with discharge of their official tasks.
weekly round trip ticket, pocket
money and the sale of his house.
OCA v. Ladaga A clerk of court appeared before Isolated appearance is not practice
the court in a criminal case without of law but he must have first
³LVRODWHGDSSHDUDQFH´ prior authorization due to his secured permission. He was merely
FRXVLQ¶VODFNRIUHVRXUFHVWRKLUHD reprimanded.
lawyer and given their close familial
relations
Pimentel v. Fabros There was vote padding and Lawyers in the government service,
respondents were Chairman and respondents are under an even
³YRWHSDGGLQJ´ Vice Chairman of PBC Isabela. greater obligation to observe the
basic tenets of the legal profession
They authenticated the provincial because public office is a public
certificate of canvass and sign trust.
statement of votes as "true and
correct." Their only excuse for any
discrepancy was their alleged
reliance on the documents
prepared by the secretary of PBC-
Isabela, Olympia Marquez.

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.
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AGPALO NOTES
x Prosecutors are quasi-judicial officers who represent the sovereign.

x Two-fold aim of prosecutors:
a. Guilty shall not escape
b. Innocent shall not suffer
x Suppression of facts and witnesses a cause for discipline.
x A noble office not to be used for political ends
x Avoid using improper methods to obtain conviction
x Not consent to delay in prosecution
x Prosecutor may not assert his personal knowledge as a witness unless he withdraws first as
prosecutor.
x Private prosecutors are allowed if public prosecutor is present in all hearings and assumes full
responsibility.
x Public prosecutor not to allow trial to become public prosecution.

CASE LAW

RA 6713 Every public official and employee shall observe:
x Commitment to public interest.
³FRQGXFWRISXEOLFRIILFHUVDQG x Professionalism.
HPSOR\HHV´ x Justness and sincerity.
x Political neutrality.
x Responsiveness to the public.
x Nationalism and patriotism.
x Commitment to democracy.
x Simple living.

People v. Pineda The fiscal filed five separate The question of instituting a
charges. Judge directed the City criminal charge is one addressed to
³ILVFDOGLVFUHWLRQ´ Fiscal to unify all the five criminal the sound discretion of the
cases, and to file one single investigating Fiscal.
information. City Fiscal balked at
the foregoing order, sought In a clash of views between the
reconsideration but it was denied/ judge who did not investigate and
the fiscal who did, or between the
fiscal and the offended party or the
defendant, those of the Fiscal's
should normally prevail.

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.
AGPALO NOTES
x Applicable to lawyers in government service who are allowed to practice law.
x Not to use position to feather his law practice.
x Avoid conflict with official duties.
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x If prohibited to practice, not be a silent partner.

x Avoid all appearance of impropriety.
CASE LAW

Misamin v. San Juan A lawyer who is also the Metro Members of the bar who also hold
Manila Police Force coerced a public offices should always refrain
³SUDFWLFLQJFRS´ IRUPHUHPSOR\HHRI1HZ&HVDU¶V from laying himself open to doubts
Bakery to which the respondent and misgivings as to his fitness in
was a legal representative, to holding the aforesaid positions.
withdraw his complaint against the
HVWDEOLVKPHQW¶VRZQHU
Vitriolo v. Dasig An OIC of the Legal Affairs Service If a misconduct of a lawyer as a
of CHED was alleged to have government official also constitutes
³FKHGEULEH´ demanded payments from three a violation of his oath as a lawyer,
teachers and a student for the then he may be disciplined by the
ODWWHU¶VDSSOLFDWLRQVIRUWKHLUFKDQJH SC as a member of the bar.
of name in view that they will have
favorable outcomes.
She also filed 11 baseless suits
and instigated her son to shoot
another.
Huyssen v. Gutierrez A lawyer connected with the Asking money in consideration for
Bureau of Immigration and pending applications constitute a
³YLVDEULEH´ Deportation (BID), told the breach of Rule 6.02 of the Code
applicants for Philippine visa that which bars lawyers in government
they are required to deposit service from promoting their private
US$20,000 for their application to interests.
be favorably acted upon. He later
refused to return the money. He
also issued dishonored checks.
Ramos v. Imbang A lawyer accepted private cases Lawyers in government service
even though he was employed in cannot handle private case for they
³SDRSULYDWH´ the PAO. He asked for money and are expected to devote themselves
never proceeded with the case. full-time to the work of their
respective offices.
In Re Avecilla Avecilla, a legal staff of a former The respondent is presently no
justice, took a rollo unrelated to his longer in the employ of this Court
³UROOR´ official functions and only returned and as such, can no longer be held
it 12 years later. administratively sanctioned as an
employee. However, the
respondent, as a lawyer and a
member of the bar, remains under
the supervisory and disciplinary
aegis of this Court.

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.
AGPALO NOTES
x Qualifying words in this provision:

a. Any matter
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b. He had intervened while in government service

x Exception: On behalf of the authority under which he served.

CASE LAW

RA 6713 Public officials and employees during their incumbency are prohibited
from engaging in:
³SURKLELWHGSUDFWLFH´
x Own, control, manage or accept employment in any private
enterprise regulated, supervised or licensed by their office unless
expressly allowed by law

x Engage in the private practice of their profession unless
authorized by the Constitution or law, provided, that such practice
will not conflict with their official functions;;

x Recommend any person to any position in a private enterprise
which has a regular or pending official transaction with their
office.

These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in (2)
above, but he cannot practice his profession in connection with any matter
before the office he used to be within a year.
Query of Atty. Karen Silverio Atty Buffe was previously the Clerk Sec 7(b)(2) is not a blanket
of Court of Branch 81 of Romblon. authority for an incumbent clerk of
´SUDFWLFHDIWHUUHVLJQµ She resigned February 1st, 2008. court to practice law. A clerk of
However, before her 1-year period court may already engage in the
of prohibition had elapsed, she practice of law immediately after
engaged in private practice of law her separation but the limitation is
by appearing as private counsel in with regards to where she can
several cases before RTC Branch practice her profession
81 of Romblon.

RA 3019 It is unlawful for any public officer or employee to accepting or having any
member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within
one year after
PCGG v. Sandiganbayan Estelito Mendoza, as then Solicitor What is prohibited is 'Adverse-
General and counsel to Central interest conflicts' where the matter
³DGYHUVHLQWHUHVW´ Bank, 'actively intervened in the in which the former government
liquidation of GENBANK, which lawyer represents a client in private
was subsequently acquired by practice is substantially related to a
respondents Tan, et al. and matter that the lawyer dealt with
became Allied Banking while employed by the government
Corporation. and the interests of the current and
former are adverse.
Mendoza allegedly 'intervened in
the acquisition of GENBANK by On the other hand, 'congruent-
respondents Tan, et al. when, in his interest representation conflicts' are
capacity as then Solicitor General, unique to government lawyers and
he advised the Central Bank's apply primarily to former
officials on the procedure to bring government lawyers.
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about GENBANK's liquidation and

appeared as counsel for the ³,QWHUYHQH´LQRQO\LQFOXGHVDQ
Central Bank in connection with its act of a person who has the power
petition for assistance in the to influence the subject
liquidation of GENBANK proceedings and it must not be
insubstantial and insignificant as in
this case.

PNB v. Cedo Having been an executive of PNB, A lawyer may not be a counsel to a
Atty Cedo now seeks to litigate as party who has had transaction in
ÉDQNODZ\HURWKHUVLGHµ counsel for the opposite side, a connection with his office during the
case against his former employer ODZ\HU¶VWHUPRIHPSOR\PHQt on
involving a transaction which he that office.
formerly handled while still an
employee of complainant.

CANON 7 ± UPHOLD DIGNITY AND INTEGRITY OF THE PROFESSION
A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION
AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
AGPALO NOTES
x Lawyers shall at all times have an interest not only in upholding the law but also the administration
of justice.

In Re 1989 Elections of the IBP Violeta Drilon and other candidates The spectacle of lawyers bribing or
during the IBP election gave free being bribed to vote one way or
³LESYRWHEX\LQJ´ transportation, food, lodging and another and other violations of the
entertainment to delegates and election rules do not uphold the
paid their dues and indebtedness. honor and dignity of the profession
nor elevate it in the public's esteem.
Santos v. Llamas Llamas filed pleadings without Only a duly admitted member of the
affixing his IBP and PTR numbers. bar who is in good and regular
³SOHDGLQJLESQXP´ He has not paid his IBP dues for standing is entitled to practice law.
years, claiming that he is only A lawyer can engage in the practice
engaged in limited practice as he is of law only by paying his dues,
primarily a farmer. notwithstanding that his practice is
"limited."
In Re 2003 Bar Exams A lawyer downloaded the bar By transmitting and distributing the
TXHVWLRQVIURPWKHH[DPLQHU¶V stolen test questions, De Guzman
³EDUOHDN´ computer and sent it to his abetted cheating or dishonesty and
fraternity brothers. is guilty of grave misconduct. He
violated the law instead of
promoting respect for it and
degraded the nobel profession of
law instead of upholding its dignity
and integrity.

Letter of Atty. Cecilio Arevalo A lawyer did not pay his IBP dues. Payment of dues is a necessary
He maintains that he cannot be consequence of membership in the
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³86QRWSD\,%3´ charged his dues as he worked in IBP, of which no one is exempt.
the Civil Service and he This means that the compulsory
subsequently migrated to the US. nature of payment of dues subsists
for as ORQJDVRQH¶VPHPEHUVKLSLQ
the IBP remains regardless of the
lack of practice of, or the type of
practice, the member is engaged
in.

Velez v. De Vera A lawyer was forced to resign or Although the judgment of the
surrender his license to practice foreign court merely constitutes
³&DOLIRUQLDVXVSHQVLRQ´ law in the state of California in prima facie evidence of unethical
order to evade the recommended acts, the recommendation by the
three (3) year suspension. He hearing officer of the State Bar of
misappropriated funds while California does not constitute prima
practicing in California. facie evidence of unethical
behavior by Atty. de Vera.

Complainant must prove by
substantial evidence the facts upon
which the recommendation by the
hearing officer was based. If he is
successful in this, he must then
prove that these acts are likewise
unethical under Philippine law.
Rules of Court 139-A Every member of the Integrated Bar shall pay such annual dues as the
Board of Governors shall determine with the approval of the Supreme
Court. A fixed sum equivalent to ten percent (10%) of the collection from
each Chapter shall be set aside as a Welfare Fund for disabled members
of the Chapter and the compulsory heirs of deceased members thereof

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.

2009 IBP Elections Atty. Vinluan requested a special The actuations of ViQOXDQ¶VJURXS
meeting 2 days before the in defying the lawful authority of the
scheduled election while President IBP President Bautista, due to his
Bautista was away. This meeting overwhelming desire to propel his
violated Sec 43 Art VI of the By fraternity brother, Soriano to the
Laws, which provides that it is the next presidency of the IBP, is
President who shall call and strongly condemned and strictly
preside over the meeting. He prohibited by the IBP By Laws and
should have followed Sec 23 Art VI Bar Integration Rule and is gross
which states that the board may professional misconduct.
take action without a meeting by
resolution signed by at least 5
governors. However, he ignored
procedure. Basically its a coup
against the outgoing President
Bautista.

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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.
AGPALO NOTES
x Aspiring lawyers should also observe the qualities and qualifications expected of a lawyer
x Failure to do so may prevent his admission to the bar.
x Can be disbarred if he was accepted without the SC knowing the transgression.
x Requirements for Admission
a. Citizen of the Philippines
b. Resident
c. At least 21 years old
d. Good moral character
x A continuous requirement
x It is the absence of any acts committed with moral turpitude.
x Need not amount to a crime. (ex. Falsifying records, impersonation, adultery, bar exam
anomaly)
x If convicted of hazing, after discharge from probation with certification of his character he
can be admitted to the bar.
e. No pending charge involving moral turpitude
x Whether or not it is moral turpitude is for SC to decide.
x Applicant must disclose ALL pending charges. Concealment, even if it is not a crime of
moral turpitude, makes him morally unfit.
f. Possesses required educational qualifications
x 4 Years of High School
x Bachelors Degree
x 4 year Law Degree
x Must be progressively taken, may not be skipped.
g. Passed the bar
x The SC may impose further qualifications.

In Re Diao A lawyer did not possess the Passing the bar exam is not the
necessary qualifications. He left only qualification to be a lawyer.
high school to join the US Army Taking the prescribed courses of
and he did not finish his Associate legal study in the regular manner is
degree before enrolling in law equally essential.
school.

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.
AGPALO NOTES
x Not to execute an affidavit of good moral character if he knows the applicant to be morally unfit.
x Must volunteer any information and cooperate in any investigation involving anomalies.
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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.
AGPALO NOTES
x For immorality charges, must be grossly immoral, meaning an act that is so corrupt and false that it
constitutes a crime or so disgraceful and reprehensible. (ex. Adultery, concubinage, seduction by
deceit)
x Mere intimacy between single individuals not a ground for sanction, but he must acknowledge and
support the child.
x If not grossly immoral, may still be reprimanded.
x Commission of fraudulent acts a ground for suspension or disbarment.

Zaguirre v. Castillo A lawyer misrepresented himself to Having a child to a woman other
be single but he turned out to be than his wife is way below the
married. He did not recognize the standards of morality required of a
child of the woman he defrauded. lawyer.

It does not matter whether or not
complainant has knowledge of the
immorality of her relationship with
Castillo. What is in focus is his
fitness to be a lawyer.

Tan v. Sabandal A lawyer who is also a land It is a manifestation of gross
investigator of the Bureau of Lands dishonesty, and cannot be erased
secured a free patent and later a by the termination of the case
certificate of title to land and not against him where no determination
susceptible of acquisition under of his guilt or innocence was made
free patent, and which he later because the suit had been
mortgaged to the Rural Bank of compromised. An amicable
Pinan Inc. settlement was tantamount to a
confession on his part

Tapucar v. Tapucar A lawyer had two children with his Good moral character must remain
paramour and has completely LQWDFWLQRUGHUWRPDLQWDLQRQH¶V
DEDQGRQHGKLV³OHJDOÍDPLO\ good standing in the exclusive and
Moreover, respondent contracted honored fraternity.
a marriage with his paramour while
his marriage to complainant
subsists.

Guevara v. Eala Atty. Eala had an adulterous Since the illicit affair and sexual
relationship with a married woman. relations between respondent and
They were often seen in public, Irene was one that is outside
exchanged notes and had a child. marriage, it manifests a deliberate
disregard of the sanctity and the
marital vows protected by the
Constitution and affirmed by our
laws. Based on jurisprudence, it is
a grossly immoral conduct and
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indicative of an extremely low

regard for the fundamental ethics of
the legal profession. The
UHVSRQGHQW¶VDFWVFRQVWLWXWHD
violation of Rules 1.01 and 7.03 of
the Code of Professional
Responsibility

Advincula v. Macabata Lawyer during a meeting kissed An immoral conduct is that which
complainant on the cheek and is so wilful, flagrant, or shameless
hugged her tightly. After that as to show indifference to the
meeting, respondent again offered opinion of good and respectable
complainant a ride home. Along the members of the community.
way, respondent forcefully hold her
face, kissed her lips, and even hold Grossly immoral conduct, on the
her breast. other hand, is an act that must be
so corrupt as to constitute a
criminal act, or so unprincipled as
to be reprehensible to a high
degree or committed under such
scandalous or revolting
circumstances as to shock the
common sense of decency

For an attorney to be disbarred, he
must commit a GROSSLY immoral
conduct. Mere immoral conduct will
only warrant a lighter penalty such
as a REPRIMAND like in this case.

CANON 8 ± COURTESY, FAIRNESS, CANDOR TOWARDS PROFESSIONAL

COLLEAGUES
A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARD HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING
COUNSEL.
AGPALO NOTES
x Not to ignore recognized customs and practices of the bar.
x Duty to restrain client from any impropriety.
x Terminate relationship is the latter persists.
x Not to use secrets of the adverse party obtained through design or inadvertence
x Not to criticize another lawyer for taking a weak case.
x Acceptable to compel another lawyer to honor the just claims of a layman

Bugarin v. Espanol At a hearing of a case, Atty. A person present during a hearing
Bugaring was insisting that he be must observe proper behavior as to
allowed to mark his documentary avoid any obstruction or
evidence and was raring to argue interruption of the proceedings.
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as in fact he was already perorating One must respect the court or
despite the fact that Atty. Barzaga judge, must not show offensive
has not yet finished with his personalities toward others, must
manifestation. As Atty. Bugaring not refuse to be sworn or to answer
appears to disregard orderly as a witness, and must subscribe
procedure, the Court directed him an affidavit or deposition when
to listen and wait for the ruling of lawfully required to do so.
the Court for an orderly proceeding
Reyes v. Chiong $WW\5H\HV¶VHUYLFHVZHUH Lawyers should treat their opposing
engaged by one Xu who invested counsels and other lawyers with
on a fishball seafood business with courtesy, dignity and civility.
Pan, another Chinese-Taiwanese Furthermore, the Lawyer¶V2DWK
who had not established a fishball exhorts law practitioners not to
factory so Xu asked for his money ³ZLWWLQJO\RUZLOOLQJO\SURPRWHRUVXH
back, but Pan became hostile so he any groundless, false or unlawful
asked for legal assistance. Pan did suit, nor give aid nor consent to the
not attend in any of the hearings. same.
Atty. Reyes alleged that in
impleading him and the prosecutor
there was no legal ground to do so,
respondent violated his oath of
office as well as the Canon of the
Code of Professional
Responsibility.
Dallong v. Castro A lawyer who was getting case Lawyers must at all times comfort
records shouted ³9XOYDRI\RXU themselves in a manner befitting
mother! If you are harboring ill their noble profession.
IHHOLQJVDJDLQVWP\FOLHQWGRQ¶W
WXUQ\RXULUHRQPH´

Alcantara v. Pefianco A lawyer criticized the handling of Lawyers are duty bound to uphold
the murder case of another lawyer. the dignity of the legal profession.
The lawyer tried to attack They must act honorably, fairly and
complainant and shouted, "Gago candidly toward each other and
ka!" when he was asked to observe otherwise conduct themselves
civility and leave his office. without reproach at all times.

Camacho v. Pangulayan A lawyer settled readmission and Lawyers should not negotiate with
compromise agreements with the parties already represented by a
RSSRVLQJSDUW\¶VFOLHQWV7KH$0$ counsel.
students) without the knowledge
and presence of their counsel.

Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or
otherwise improper.
AGPALO NOTES
x Covers written and oral communication

x Use only temperate but forceful language.
x Another person who conducted himself improperly is not a justification to act the same way.

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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.
AGPALO NOTES
x Not to steal a client or induce to retain him.

x Not to disparage another lawyer or publicize talents.
x A lawyer can handle an existing case if the original counsel has been given notice by the client and
after obtaining conformity from the counsel. If not conformity is given, the lawyer should give sufficient
notice to the original lawyer .
x Not to negotiate with the opposing party without presence of his counsel.
x 5HWDLQLQJDGGLWLRQDOFRXQVHOVE\WKHFOLHQW¶VUHTXHVWLVDOORZHGEXWQRWLFHVKRXOGEHJLYHQE\WKH
new lawyer.
x Any conflict between the lawyers should be stated to the client for his final determination. If the
difference is so impracticable, he may request for his relief as counsel.

CANON 9 ± UNAUTHORIZED PRACTICE OF LAW
A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF
LAW.
AGPALO NOTES
x Practice of law is to do any act that requires the application of law, legal principles and practices or
legal knowledge, training or experience.
x Includes giving advice, counselling or preparing instruments.
x Three Principal Types of Activity
a. Legal advice by informing him of his rights and obligations
b. Preparation of documents requiring legal knowledge
c. Appearance in tribunals and courts.
x Practice of law presupposes an attorney-client relationship
x Implies habitual holding to the public as a lawyer for compensation with regards to his services.
x Mere appearance in one occasion does not amount to practice of law, except in prohibitions to
practice.
x Persons entitled to practice law
a. Admitted to the bar
b. Good and regular standing
x Member of the IBP
x Pays IBP dues
x Observe ethics of the legal profession
x Subject to judicial disciplinary control.
x Practice of law is both a privilege (based on merit) and a right (cannot be prevented from practicing
law except for valid grounds).
x Laymen may be allowed limited representation in civil cases in Municipal Trial Courts. (no attorney-
client relationship)
x If it is a criminal proceeding and there is no lawyer available, the MTC may allow a layman to
represent the defendant, but if there is a lawyer available he cannot.
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x If it is a criminal case involving a grave or less grave felony, accused MUST always be represented
by counsel.
x Limitations on Laymen:
a. Confined only to non adversary proceedings
b. Not habitual
c. 1RWWRFKDUJHDQ\DWWRUQH\¶VIHHV
x Individual litigant may represent himself in civil cases but is still bound by the same rules and
procedures.
x Juridical persons always need a lawyer except in MTCs.
x Corporations cannot practice law directly or indirectly by employing lawyers to practice for it or
appear for others for its benefit except in-house counsels employed under a salary as an officer or
employee.
x Not to allow an intermediary to interfere in his personal obligations.
x Not to allow his services be controlled or exploited by a lay agency.
x He can accept employment by an organizations but he may not render legal service for individual
members involving individual matters unrelated to organization.
x Charitable society rendering aid not prohibited.

Suarez v. Salazar Atty. Manangan admits to be a Canon 9 - Non-lawyers
non-lawyer practicing law by unauthorized to practice law
misrepresenting himself to be an shall be dealt with
atorney-at-law and keeps administratively, in this case,
appearing as counsel for the Atty. Calunag was held not only
petitioners Suarez. guilty on indirect contempt of
court but also three months of
imprisonment.
Aguirre v. Rana Rana, before taking his bar Rana is guilty of violating Canon
examinations, appeared as 9 as there are other
counsel in a case which he components before one can
handled. become a full-pledged lawyer:
passing the bar exam, taking
the lawyer's oath and signing
the Roll of Attorneys.
OCA v. Ladaga Atty. Ladaga who works for the Atty. Ladaga was reprimanded
Clerk of Court appeared as as Sec. 7(b)(2) of the Code of
Counsel for his cousin, however Conduct and Ethical Standards
his letter of permission for Public Officials and
addressed to the Court of Employees as well as Sec. 35,
Administrator was denied. Rule 138 of the Revised Rules
of Court, serve to inhibit
employees or judges of the
superior court or office of the
Sol Gen from engaging in
private practice while in office.
Alawi v. Alauya A Shari'a attorney, Alauya, is Alauya was reprimanded for
accused of having used the title usurping the title of attorney
of attorney in a transaction. EHFDXVHSDVVLQJWKH6KDUL¶D
Bar merely entitles one to
SUDFWLFHLQWKH6KDUL¶DFRXUWV
and does not make him worthy
RIWKHDXJXVWWLWOHRI³DWWRUQH\´
Rules of Court 138-A A law student who has successfully completed 3rd year of the regular four-
year prescribed law curriculum and is enrolled in a recognized law school's
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clinical legal education program approved by the Supreme Court, may
appear without compensation in any civil, criminal or administrative case
before any trial court, tribunal, board or officer, to represent indigent clients
accepted by the legal clinic of the law school. He must be supervised by a
member of the bar during trial. The law student shall comply with the
standards of professional conduct governing members of the Bar. Failure
of an attorney to provide adequate supervision of student practice may be a
ground for disciplinary action

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.
AGPALO NOTES
x Lawyer can employ laymen to conduct any task not involving the practice of law
x Assistance of law students permitted.

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-H[LVWLQJDJUHHPHQWZLWKDSDUWQHURUDVVRFLDWHWKDWXSRQWKHODWWHU·VGHDWK
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.
AGPALO NOTES
x *HQHUDOUXOH1RQODZ\HUVDUHQRWHQWLWOHGWR$WWRUQH\¶V)HHV

Halili v. CIR Atty. Pineda sold a parcel of land No division of fees for legal
without authority and he gave a part services is proper, except with
of the proceeds to union heads. another lawyer, based upon a
division of service or responsibility.'

Lijuaico v. Terrado Atty. Terrado received P70,000 in Rule 9.02 states that a lawyer shall
legal fees which he openly admitted not divide or stipulate to divide a
he divided to other individuals who fee for legal services with persons
are not licensed to practice law. not licensed to practice law, except
in certain cases therefore Atty.
Terrado was suspended for six
months.

CANON 10 ± OBSERVE CANDOR, FAIRNESS AND GOOD FAITH
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A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
AGPALO NOTES
x A lawyer is an officer of the court

x His first duty is to the administration of justice not to his client.
x Requires Candor, meaning to act with truthfulness, fairplay and nobility.
x A lawyer should not suppress material and vital facts which bear on the merit or lack of merit of a
complaint.
x He should volunteer to raise any development that makes the issue moot and academic.
x Not an umpire but an advocate.
x Not bound to refrain from making proper arguments just because he is not convinced of its inherent
soundness.

Ting v. Torres A lawyer participated in the perjury 5HVSRQGHQW¶VDFWVRURPLVVLRQV
committed by her two other reveal his moral flaws and
sisters,wherein they represented doubtless bring intolerable dishonor
themselves as the sole heirs of their to the legal profession. They
SDUHQWVDQGLQWKHIRUJHU\RI,VLGUD¶V constitute gross misconduct for
signature for a Deed of Extrajudicial which he may be disbarred or
Settlement, knowing full-well that suspended
she was in Italy at that time, in order
to transfer the title to two other
sisters mentioned above.
Masinsin v. Albano Masinsin the lawyer persistently filed It was a deliberate act on her part
appeals assailing settled issues to delay the execution of a
regarding the MTC decision in a decision. Any act on the part of a
petition for certiorari. lawyer, an officer of the court,
Later, petitioners contend that the which visibly tends to obstruct,
MTC of Manila has lost jurisdiction to pervert, impede and degrade the
enforce its decision when the administration of justice is
property in question was proclaimed contumacious calling for both an
an area for priority development by exercise of disciplinary action and
the National Housing Authority warranting application of the
contempt power

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.
AGPALO NOTES
x Duties to his client should yield to duty to deal candidly with the Court.
x Use only temperate but forceful language.
x Another person who conducted himself improperly is not a justification to act the same way.

Young v. Batuegas Lawyers declared that the accused A lawyer must be a disciple of truth.
surrendered on Dec. 13 but she He swore upon his admission to the
actually surrendered on Dec. 14 Bar that he will "do no falsehood
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nor consent to the doing of any in

court" and he shall "conduct himself
as a lawyer according to the best of
his knowledge and discretion with
all good fidelity as well to the courts
as to his clients."
Insular v. Insular A judge misquoted a previous In citing this Court's decisions and
decision by paraphrasing it. rulings, it is the bounden duty of
The Court however did not warrant courts, judges and lawyers to
an indictment for contempt against reproduce or copy the same word-
the respondent Judge and the for-word and punctuation mark-for-
respondents' counsels since the punctuation mark.
meaning is substantially the same.
Hipos Sr. v. Bay A lawyer made quotations that were &RXQVHO¶VXVHRIEORFNTXRWDWLRQ
intentionally altered by the counsel and quotation marks signifies that
and the petitioners to make it appear he intends to make it appear that
that the denial by Judge Bay of the the passages are the exact words
Motion to Withdraw runs counter to of the Court. Furthermore, putting
the above-mentioned precedents. the words "Underscoring ours" after
the text implies that, except for the
underscoring, the text is a faithful
reproduction of the original violating
10.2

In Matter of Plaigarism Charges Justice Mariano Del Castillo is Plagiarism is essentially a form of
Against Justice Del Castillo accused of plagiarism in writing the fraud where intent to deceive is
decision of the Vinuya case. The inherent.
complaint charged Justice Del
Castillo of copying without The theory that provides no room
acknowledgement certain passages for errors in research, is an
from three foreign articles unrealistic position considering that
there is hardly any substantial
written work in any field of
discipline that is free of any
mistake.

Since the attributions to Criddle-
Descent and Ellis were accidentally
deleted, it is impossible for any
person reading the decision to
connect the same to the works of
those authors as to conclude that in
writing the decision Justice Del
&DVWLOOR³WZLVWHG´WKHLULQWHQGHG
messages. The lifted passages
provided mere background facts
that established the state of
international law at various stages
of its development.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of 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.
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Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends
of justice.
AGPALO NOTES
x Procedures should be used for the ends of justice and not to derail it.

CANON 11 ± RESPECT COURTS AND JUDICIAL OFFICERS
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO
JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
Rule 11.01 - A lawyer shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court hearings.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before
the Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no
materiality to the case.
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.
AGPALO NOTES
x This canon should constantly remind lawyers that second only to the duty of maintaining allegiance to
the Republic of the Philippines and to the Constitution and to obey laws of the land is the duty of all
attorneys to observe and maintain the respect due to the courts of justice and judicial officers.
x A lawyer should conduct himself toward judges with courtesy and with dignity.
x A lawyer violates Canon 11 when he threatens a judge with the filing administrative charge if his motion
is not granted.
x A lawyer who openly defied the TRO issued by the court is guilty of disrespect
x Court orders, however erroneous, must be respected especially by lawyers who are themselves officers
of the court.
x It iVWKHDWWRUQH\¶VGXW\WRGHIHQGDMXGJHIURPXQIRXQGHGFULWLFLVPRUJURXQGOHVVSHUVRQDODWWDFN
Rule 11.01 ± Proper Attire
x Proper attire should be a Barong Tagalog or a coat and tie for men. (Did not mention for women)
Rule 11.02 ± Punctuality
x Inexcusable absence from, or repeated tardiness in, attending a hearing may not only subject the
lawyer to disciplinary action but may also prejudice his client who may declared in default or adjudged
liable ex parte.
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Rule 11.03 ± Abstain from offensive language or behaviour
x While he should abstain from using such language, no doubt he may, when the circumstances require,
use strong language to drive home a point.
x A judge should also be courteous to counsel, especially those who are young, inexperienced and to all
those appearing or concerned in the administration of justice.
Rule 11.04 ± Shall not attribute to a judge improper motives
x Errors of judges in their decisions do not justify a lawyer to attribute to the judge motives not supported
by the record or have no materiality to the case. He should not make hasty accusation against a judge,
before who he pleads his case, without any cogent and valid ground.
x The rule does not preclude a lawyer from criticizing judicial conduct. The rule allows such criticism so
long as supported by record or is material to the case.
Rule 11.05 ± Submit grievances to proper authorities
x The duty to support the judge against unjust criticism and clamor does not preclude a lawyer from filing
administrative complaints against a erring judge or from acting as counsel for clients who have
legitimate grievances against them. But such complaints must be founded upon reasonable basis.
x A lawyer may not file a complaint against a judge concerning his judicial acts until he shall have
exhausted judicial remedies which result in finding that a judge has gravely erred.

CASE LAW

IN RE SOTTO (1949) Sotto made imputations of It is within the power of the courts
incompetence against the SC and to punish anyone who maligns the
³&RQVWL&DVH/LEHODJDLQVW6&´ said that the only way to remedy judiciary. Being a member of the
such is to replace all its members. bar, he had the duty to uphold the
dignity and authority of the SC, not
undermine it.
GUERRERO v VILLAMOR (1998) Atty. Guerrero charges Judge The assailed order, decision or
Adriano Villamor with serious actuation of the judge must not only
³$VVDLOLQJDFRXUWGHFLVLRQ³ misconduct and ignorance of the be found erroneous but it must be
law, for knowingly rendering an established that he was moved by
unjust judgment against his client bad faith, dishonesty, hatred, or
(for his client to vacate the land in some other like motive. The
question). ODZ\HU¶VEHKDYLRUZDVXQEHFRPLQJ
of an officer of the court.
IN RE ALMACEN (1970) After losing the appeal, Atty. SC says they understand that
$OPDFHQZURWHD³3HWLWLRQWR lawyers may feel frustratred by
³8QMXVWDQG+\SRFULWH6&´ Surrender Lawyer's Certificate of decisions of the court that is why
7LWOH´WRWKHFRXUWDQGOLNHZLVH ³ODZ\HUVDUHJLYHQ
ZLGHODWLWXGHWR
posted it in a newspaper. He stated differ with, and voice their
that there was no point on disapproval. BUT it is the cardinal
becoming a lawyer if the Supreme condition of all criticism that it shall
Court commits great injusticeand be in good faith, and shall not spill
WKDWKLVFOLHQWVKDGEHFRPH³RQHRI over the walls of decency and
the sacrificial victims before the propriety. Unfair criticism is a gross
DOWDURIK\SRFULV\´WKDWLVWKH violation of the duty of respect to
Supreme Court. courts and subjects a lawyer to
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DISPOSITIVE: Suspended disciplinary action.

SORIANO v PADILLA (2001) Atty. Soriano challenged the fitness The remarks of Atty. Padilla,
of Judge Naval to carry an impartial though sarcastic, are not to be
³6DUFDVP´ and fair decision over the case construed as acts in direct
alleging that, while the said judge contempt of court. Citing in
was still a law practitioner and a contempt of court should be used
politician, he was a frequent professionally and not just when a
customer of the complaining judge sees that he was being
spouses and furthermore, he was a personally. While a counsel should
JRRGIULHQGRIWKHVSRXVHV¶ use proper language when dealing
counsel. He used sarcastic with professional dealings, mere
language in making such criticism or comment on the
imputations. He was found guilty in correctness or wrongness,
contempt. soundness or unsoundness of the
DISPOSITIVE: Acquitted (not guilty decision made in good faith may be
of contempt) tolerated.
LACUROM v JACOBA (2006) Respondent law firm represented The signature of the counsel to the
Veneracion in a case which they MR binds him and implies his
³05ZLWKLQVXOWWRFRXUW³ lost on appeal. Veneracion filed an participation to the case and
MR with insulting imputations consequently to the humiliating
against the judge who rendered the remarks against the judiciary.
decision. Law firm denies *OBITER: His signing without
participation to making such reading the pleading subjects him
humiliating remarks. also to disciplinary action.
DISPOSITIVE: Suspended
MACEDA v VASQUEZ (1993) Respondent Abiera of the PAO filed Administrative supervision over all
a complaint (with the Ombudsman) courts and court personnel is
³)DOVLILFDWLRQRI&HUWLILFDWHRI against Judge Maceda wherein he vested in the SC. Thus, the
6HUYLFH´ alleged that Judge Maceda had Ombudsman's investigation in this
falsified his Certificate of Service by case cannot be justified. What
certifying that all civil and criminal should have been done first was a
cases which had been submitted referall of the matter to the Court
for determination for a period of 90 for determination of w/n said
days had been decided on or certificates reflected the true status
before Jan. 31, 1989, when the of his pending case load. (Rule
truth was that the Judge knew that 11.05-exhaust all remedies in the
no decision had been rendered in 5 SC before moving to the
civil and 10 criminal cases Ombudsman)
submitted for decision.

CANON 12 ± ASSIST ON SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE
SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and
the facts of his case, the evidence he will adduce and the order of its proferrence. He should also be
ready with the original documents for comparison with the copies.
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Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs,
let the period lapse without submitting the same or offering an explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court
processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while
the witness is still under examination.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate
another.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
(a) on formal matters, such as the mailing, authentication or custody of an instrument, and the
like;; or
(b) on substantial matters, in cases where his testimony is essential to the ends of justice, in
which event he must, during his testimony, entrust the trial of the case to another counsel.
PD 1829 ² Act Penalising Obstruction of Justice

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos,
or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the
following acts:
(a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any
offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or
threats;;
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair
its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official
proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases;;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to
believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest
prosecution and conviction;;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of
a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes;;
(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing
proceedings in the fiscal's offices, in Tanodbayan, or in the courts;;
(f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent
to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or
impeding the prosecution of a criminal offender;;
(h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or
that of any immediate member or members of his family in order to prevent such person from appearing in the
investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in
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order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases;;
(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim;; or fabricating information from the
data gathered in confidence by investigating authorities for purposes of background information and not for
publication and publishing or disseminating the same to mislead the investigator or to the court.
If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall
be imposed.
Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the
penalties provided thereunder, suffer perpetual disqualification from holding public office.
Rule 138, Section 20 (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.

Art 3, SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies. (1987 Constitution)

AGPALO NOTES
x A lawyer should not only help attain the speedy and efficient administration of justice but also avoid any
XQHWKLFDOSUDFWLFHVWKDWLPSHGHWKHLUUHDOL]DWLRQ+HLVHQMRLQHGWR³H[HUWHYHU\HIIRUWand consider it his
GXW\WRDVVLVWLQWKHVSHHG\DQGHIILFLHQWDGPLQLVWUDWLRQRIMXVWLFH´
x An example of the requirements this duty is to inform the court, within 30 days, of the death of his client
in a pending case.
Rule 12.01 ± Come to court adequately prepared
x Unless he comes to court prepared, the pre-trial or hearing may be postponed which would entail delay
in the early disposition of t case.
Rule 12.02 ± Shall not file multiple actions
x He should not file pointless petitions that only add workloads to the courts.
x While a lawyer owes entire devotion to his client, he should not forget that he is an officer of the court,
bound to assist the speedy administration of justice.
x Excessive delay causes hardships, may foster parties to unfair settlements, and nurture a sense of
injustice and breed cynicism about the administration of justice itself.
x Forum Shopping ± improper practice of going from one court to another in the hope of securing a
favourable relief which another court has denied;; the filing of repetitious suits or proceedings in different
courts concerning substantially the same subject matter.
x When the facts of the case are substantially the same or when the parties involved are identical, there is
forum shopping. A lawyer should inhibit from such practice. As a matter of fact, the court now requires a
³&HUWLILFDWH$JDLQVW)RUXP6KRSSLQJ´ZKHUHWKHODZ\HUDWWHVWVWKDWKHKDVQRWFRPPLWWHGDQ\DFWWKDW
would constitute forum shopping. The certificate is required to accompany petitions and applies even to
cases filed with the NLRC or the Labor Arbiter.
x The sanction for failure to file the certificate is the dismissal of the complaint. The sanction for forum
shopping itself is contempt of court and other administrative impositions.
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x Another duty of the ODZ\HULVWRWHPSHUDFOLHQW¶VSURSHQVLW\WROLWLJDWHVXFKWKDWKHVKRXOGQRWDOORZWKH

client to file cases that intend to merely harass the other party or to pre-empt the filing of a complaint
against him (client).
Rule 12.03 ± File his pleadings within the period.
x When a lawyers motion for extension of period remains unacted by the court, he should file the pleading
within the original time required. If he delays, he should file a motion to explain.
Rule 12.04 ± Should not delay nor impede execution of judgment
x 7KHODZPDNHVLWDODZ\HU¶VGXW\WRGHOD\QRPDQIRUPRQH\RUPDOLFH
x A lawyer should not hide if the maze of technicalities to delay, if not defeat, the recovery of what is justly
GXHDQGGHPDQGDEOH&XHYDV¶WHFKQLTXHLQWKHLPSHDFKPHQW
x If the lawyer is convinced of the futility of an appeal in a civil suit, he should not hesitate to inform his
disappointed client that most likely the verdict would not be altered. On the other hand, the failure of a
counsel to act on adverse judgment, when he is knowledgeable that an appeal would favour them, may
be held subject to disciplinary actions for negligence. Thus, strike a balance!
Rule 12.05 ± Shall not talk to a witness during recess
x The purpose of the rule is to avoid any suspicion that he is coaching the witness what to say during the
examination.
Rule 12.06 ± Shall not assist a witness to misrepresent
x The lawyer should avoid any such action as may be misinterpreted as an attempt to influence the
witness of what to say in court. A lawyer who presents a false witness or a witness who will present a
false testimony shall be subject to disciplinary (and criminal) proceedings.
Rule 12.07 ± Shall not harass a witness
x The law imposes a lawyer the duty to always treat adverse witnesses and suitors with fairness and due
consideration. He should advance no fact prejudicial to their honor or reputation unless required by
justice of the cause with which he is charged.
Rule 12.08 ± Shall avoid testifying for a client
x A lawyer is enjoined from being a witness except:

On formal matters such as the mailing, authentication or custody of an instrument
On substantial matters, such that the testimony is essential to the ends of justice
x When he stands as a witness, he should entrust the case to another counsel
x Reason for the rule is a question of PROPRIETY rather than of COMPETENCY to testify. There is a
between the functions of a witness and an advocate (lawyer). A witness is tasked to tell the facts as he
recalls them in answer to questions. An advocate functions as a partisan which is impartial in making his
statements in court.
CASE LAW
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MALONSO v PRINCIPE (2004) Malonso filed a complaint against Although the IBP is tasked to police
Principe because the latter the ranks of the law profession, it
allegedly asserted himself as cannot bypass the Rules and the
³1$32&25&DVH,%3YRWLQJ´ Malonso's counsel in the procedures enshrined therein which
expropriation proceedings initiated are meant also to protect innocents
by NAPOCOR, and was now from wrongful condemnation.
claiming 40% of the selling price of
the properties as attorney's fees.
The IBP found the case against

principe but bypassed the
proceedings requirement such as
that for a formal voting.
SAA v IBP (2009) Saa filed a disbarment against Atty. $WW\9HQLGDODPHH[FXVHVZRQW¶

Venida on the grounds that he was exculpate him from his utterly
oppressive and being unethical. unacceptable actions of not
³W\SKRRQH[FXVH´ The court required Atty. Venida to SURPSWO\FRPSO\LQJZLWKWKHFRXUW¶V
submit a comment. He filed a order. Delaying the resolution of the
partial comment 11 months late, case violates the CPR.
and he was only able to submit his
complete comment 3 and ½ years
after due date and gave a lame
excuse of typhoon and heavy work
load for his delayed compliance.
PLUS BUILDERS v REVILLA Provincial Adjudicator of Cavite Believing in good faith that his
(2009) (PARAD) rendered a decision clients were the bona fide owners
awarding the land to Plus Builder of the land, he only did what a
against the tenants De Guzman ³JRRGIDWKHUZRXOGGRWRSURWHFWWKH
³0DVLSDJQD/DZ\HU´ (client) and others. LQWHUHVWRIKLVIDPLO\´7KHFRXUW
FRPPHQGVWKH³RYHU-]HDORXVQHVV´
$WW\5HYLOOD-U'H*X]PDQ¶V to protect his poor and uneducated
counsel, filed several motions, clients HOWEVER the Court
petitions for TRO and action to stressed that a lawyer MUST not
quiet the title, with the intention to forget his responsibility to assist in
delay the execution of the decision. the speedy and efficient
Furthermore, he allegedly allowed administration of justice.
non-lawyers to pose as his
colleagues and engage in DISPOSITIVE: Not guilty.
unauthorized use of law.
PNB v UY TENG PIAO(1932) One of the attorneys for the plaintiff When a lawyer is a witness for his
testified that the defendant client, except as to merely formal
renounced his right to redeem the matters, such as the attestation or
parcel of land because a friend of custody of an instrument and the
³DWWRUQH\ZLWQHVV´
the defendant was interested in like, he should leave the trial of the
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buying it. case to other counsel. Except

when essential to the ends of
justice, a lawyer should avoid
testifying in court in behalf of his
client
CANON 13 ± REFRAIN FROM ACT GIVING APPERANCE OF INFLUENCE
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE
COURT.
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements in 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.
AGPALO NOTES
x Improper acts of a lawyer which give the appearance of influencing the court decide a case in a
particular way lessen the confidence of the public in the impartial administration of justice and should
thus be avoided.
Rule 13.01 ± Shall not extend hospitality to a judge
x The unusual attention and hospitality on the part of the lawyer to a judge may subject both the judge
and the lawyer to suspicion.
x Avoid attention uncalled for by the personal relations of the parties because they subject them to
misconception of motives.
x They should not talk about a case pending on the sala of the judge.
x It is not, however, incumbent on a lawyer to refuse professional employment in a case because it may
be heard by a judge who is his relative etc. The responsibility id on the judge to not sit on the case.
Rule 13.02 ± Shall not publicly discuss pending cases
x A lawyer shall not make public statements to the media which may tend to arouse public opinion for or
against a party.
x The restriction does not prohibit issuance of statements by public officials charged with the duty of
prosecuting or defending actions in court (but should avoid statements that create adverse attitude of
the public) ± unbiased official statements only.
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x Picketing by labor unions influence the administration of justice in a case. It is the duty of the counsel to
appraise the picketers and stop them otherwise he may be subjected to disciplinary proceedings.
x $ODZ\HU¶VULJKWWRFRPPHQWRQDSHQGLQJOLWLJDWLRQLVPRUHFLUFXPVFULEHGRUOLPLWHGWKDQWKDWRQD
concluded litigation.
Rule 13.03 ± Shall not invite judicial interference
x A lawyer who invites interference by another branch or agency of the government in a proceeding
endangers the independence of the judiciary.
CASE LAW
NESTLE PHIL v SANCHEZ (1987) Atty. Espinas, counsel of the Union It is the duty of members of the
of Filipro Employees which held a legal profession as officers of the
picketing in front of the SC, had FRXUW³WRSURSHUO\DSSULVHWKHLU
³3LFNHWLQJ´ been called so that the pickets clients on matters of decorum and
might be informed that the proper attitude toward courts of
demonstration must stop because it justice, and to labor leaders of the
constitutes direct contempt of court importance of a continuing
. educational program for their
members.´,WZDVH[SHFWHGRI$WW\
Espinas to have fully explained the
circumstances t his clients and to
prevent them from picketing afther
the release of SC order.
IN RE DE VERA (2003) Court En Banc issued a Resolution Respondent cannot justify his
directing respondent Atty. Leonard contemptuous statements as
De Vera to explain why he should utterances protected by his right to
not be cited for indirect contempt of freedom of speech. Freedom of
³3OXQGHUFDVH´
court for uttering some allegedly speech includes the right to know
contemptuous statements in and discuss judicial proceedings,
relation to the case involving the but such right does not cover
constitutionality of the Plunder Law. statements aimed at undermining
WKH&RXUW¶VLQWHJULW\DQGDXWKRULW\
DISPOSITIVE: Guilty
PEREZ v ESTRADA The Kapisanan ng mga Brodkaster An accused has a right to a public
ng Pilipinas (KBP) sent a letter trial but it is a right that belongs to
requesting the SC to allow the live him, more than anyone else, where
³3XEOLFWULDOIRU(VWUDGD´ media coverage of the anticipated his life or liberty can be held
trial of the plunder and other critically in balance. A public trial is
criminal cases filed against former not synonymous with publicized
Pres. Estrada before the trial;; it only implies that the court
6DQGLJDQED\DQ³WRDVVXUHWKH doors must be open to those who
public of full transparency in the wish to come, sit in the available
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proceedings of an unprecedented seats, conduct themselves with

FDVHLQRXUKLVWRU\´ decorum and observe the trial
process.
DISPOSITIVE: Petition is denied.
CRUZ v SALVA (1959) Timoteo Cruz filed a preliminary It would have been appropriate had
injunction against Francisco Salva, he done it in his office. It seemed
in his capacity as City Fiscal of as though the criminal responsibility
³$OORZHGPHGLDWRTXHVWLRQ´ Pasay, to restrain him from for the killing of Manuel Monroy
continuing with the preliminary which had already been tried and
investigation. finally determined by the lower
court
The manner in which the
investigation was conducted is as
follows: Instead of being held in
6DOYD¶VRIILFHLWZDVKHOGLQWKH
session hall of the Municipal Court
apparently to accommodate the big
crowd that wanted to witness the
proceeding. Members of the press,
reporters and photographers were
everywhere covering the event.
They were even encouraged to ask
questions .
FOORSPHERE v MAURICIO CDO processed meats, filed a A lawyer shall not make public
(2009) Complaint for disbarment before statements in the media regarding
the Commission on Bar Discipline a pending case tending to arouse
³&DQQHG:RUPVOLYHUVSUHDG of the IBP against Atty. Melanio L. public opinion for or against a party.
%DWDV0DXULFLR´ Mauricio. Despite the pendency of the civil
Respondent, in his radio program, case against him and the issuance
announced the holding of a of a temporary retraining order,
supposed contest asking the respondent still continued with his
listeners to guess the answer to attacks against complainant and its
³$OLQJOLYHUVSUHDGDQJPD\XRG"´ products.
MAGLASANG v PEOPLE (1990) Maglasang, through his lawyer, The Court does not pretend to be
Atty. Castellano, as complainant, immune from constructive criticisms
³)LOHGFRPSODLQWZLWKWKH3UHVLGHQW´ filed a complaint with the Office of but it shall be bona fide and shall
the President of the Philippines not spill over the walls of decency
accusing all the five Justices of the and propriety. Intemperate and
Court's Second Division with unfair criticism is a gross violation
"biases and/or ignorance of the law of the duty of respect to courts.
or knowingly rendering unjust
judgments or resolution." By reason (Actually this is more like a Canon
of the strong and intemperate 11 case)
language of the complaint and its
improper filing with the Office of the
President, which has no jurisdiction
to discipline, much more, remove,
Justices of the Supreme Court,
Atty. Castellano was required to
show cause why he should not be
punished for contempt or
administratively dealt with for
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improper conduct.

CANON 14 ± SERVICE TO THE NEEDY

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY
Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex.
creed or status of life, or because of his own opinion regarding the guilt of said person.
Rule 14.02 - A lawyer shall not decline, except for 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.
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.
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.
REPUBLIC ACT NO. 9999 - Free Legal Assistance Act (By Senator Lito Lapid -)
Section 2. Declaration of Policy. - It is the declared policy of the State to value the dignity of every human person
and guarantee the rights of every individual, particularly those who cannot afford the services of legal counsel.
Furthermore, it is the policy of the State to promote a just and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through policies and programs that provide
adequate social services and improve the quality of life for all.
In addition, the State shall guarantee free legal assistance to the poor and ensure that every person who cannot
afford the services of a counsel is provided with a competent and independent counsel preferably of his/her own
choice, if upon determination it appears that the party cannot afford the services of a counsel, and that services
of a counsel are necessary to secure the ends of justice and protect of the party.
Section 3. Definition of Terms. - As provided for in this Act, the term legal services to be performed by a lawyer
refers to any activity which requires the application of law, legal procedure, knowledge, training and experiences
which shall include, among others, legal advice and counsel, and the preparation of instruments and contracts,
including appearance before the administrative and quasi-judicial offices, bodies and tribunals handling cases in
court, and other similar services as may be defined by the Supreme Court.
Section 4. Requirements for Availment. - For purposes of availing of the benefits and services as envisioned in
WKLV$FWDODZ\HURUSURIHVVLRQDOSDUWQHUVKLSVKDOOVHFXUHDFHUWLILFDWLRQIURPWKH3XEOLF$WWRUQH\¶V2IILFH3$2
the Department of Justice (DOJ) or accredited association of the Supreme Court indicating that the said legal
services to be provided are within the services defined by the Supreme Court, and that the agencies cannot
provide the legal services to be provided by the private counsel.
For purpose of determining the number of hours actually provided by the lawyer and/or professional firm in the
provision of legal services, the association and/or organization duly accredited by the Supreme Court shall issue
the necessary certification that said legal services were actually undertaken.
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The certification issued by, among others, the PAO, the DOJ and other accredited association by the Supreme
Court shall be submitted to the Bureau of Internal Revenue (BIR) for purposes of availing the tax deductions as
provided for in this Act and to the DOJ for purposes of monitoring.
Section 5. Incentives to Lawyers. - For purposes of this Act, a lawyer or professional partnerships rendering
actual free legal services, as defined by the Supreme Court, shall be entitled to an allowable deduction from the
gross income, the amount that could have been collected for the actual free legal services rendered or up to ten
percent (10%) of the gross income derived from the actual performance of the legal profession, whichever is
lower: Provided, That the actual free legal services herein contemplated shall be exclusive of the minimum sixty
(60)-hour mandatory legal aid services rendered to indigent litigants as required under the Rule on Mandatory
Legal Aid Services for Practicing Lawyers, under BAR Matter No. 2012, issued by the Supreme Court.
BM 2012: Mandatory Legal Aid Services

All practicing lawyers are required to render a minimum of sixty (60) hours of free legal aid services to indigent
litigants in a year. Clerks of Court and the IBP Legal Aid Chairperson of the IBP Chapter are designated to
coordinate with a lawyer for cases where he may render free legal aid service.
7KHIROORZLQJODZ\HUVDUHH[FOXGHGLQWKHWHUP³SUDFWLFLQJODZ\HU´
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.
Indigent and pauper litigants are those whose gross income and that of their immediate family do not exceed an
amount double the monthly minimum wage of an employee and those who not own any real property. They are
exempt from payment of docket fees and lawful fees as well as transcripts of stenographic notes.
A penalty of Php 4,000 shall be imposed on the lawyer who fails to meet the required minimum number of hours
RIOHJDODLGVHUYLFHHDFK\HDUUHTXLUHGE\WKH,%3ZLWKRXWVDWLVIDFWRU\H[SODQDWLRQ7KHODZ\HUVKDOOKDYHD³QRW
LQJRRGVWDQGLQJ´VWDWXVDQGVKDOOQRWEHDOORZHGWRDSSHDULQFRXUWRUDQ\TXDVL-judicial body as counsel for a
period of 3 months. A lawyer who fails to comply with the duties in the Rule for at least 3 consecutive years shall
be subject to disciplinary proceedings and may be suspended from the practice of law for 1 year.
PD 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.
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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.
Rule 138, section 20 (h) - Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed.
Rule 138 , section 31 - Attorneys for destitute litigants. ² A court may assign an attorney to render professional
aid free of charge to any party in a case, if upon investigation it appears that the party is destitute and unable to
employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to protect
the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless he is
excused therefrom by the court for sufficient cause shown.

RULE 116, ROC
SEC. 6. Duty of court to inform accused of his right to counsel.²Before arraignment, the court shall inform the
accused of his right to counsel and ask him if he desires to have one. Unless the accused is allowed to defend
himself in person or has employed counsel of his choice, the court must assign a counsel de oficio to defend
him. (6a)
SEC. 7. Appointment of counsel de oficio.²The court, considering the gravity of the offense and the difficulty of
the questions that may arise, shall appoint as counsel de oficio such members of the bar in good standing who,
by reason of their experience and ability, can competently defend the accused. But in localities where such
members of the bar are not available, the court may appoint any person, resident of the province and of good
repute for probity and ability, to defend the accused. (7a)
SEC. 8. Time for counsel de oficio to prepare for arraignment.²Whenever a counsel de oficio is appointed by
the court to defend the accused at the arraignment, he shall be given a reasonable time to consult with the
accused as to his plea before proceeding with the arraignment. (8)

Rule 124, SEC. 2. Appointment of counsel de oficio for the accused.²If it appears from the record of the case
as transmitted that (a) the accused is confined in prison, (b) is without counsel de parte on appeal, or (c) has
signed the notice of appeal himself, the clerk of court of the Court of Appeals shall designate a counsel de oficio.
AGPALO NOTES
x Canon 14 and its implementing rules underscore the duty of a lawyer to accept employment insofar as
the needy and the poor are concerned, refusal to accept being the exception.
x 2 reasons for the rule:
The poor and the needy are the people who, when in trouble, need most the services of a
lawyer but hesitate because they cannot afford pay.
One of the objectives of the IBP is to make legal services fully available to those who need
them.
x In the modern day understanding of the attorney-client relationship, the attorney is more than a mere
agent or servant because he possesses special powers of trust and confidence reposed on him by his
client. Moreover, he is an officer of the court.
x The relation is strictly personal and highly confidential and fiduciary. A lawyer is to exert his best effort,
to promptly account for any fund or property entrusted to him or received for the client;; he is not to
purchase property or interest of the client in litigation;; and he is forever to keep inviolate of the secrets
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of the client and to not abuse them. Finally, a lawyer shall not represent a party with an adverse interest
with that of a client even after the termination of the attorney-client relationship.
x It demands on the part of the practitioner a sense of commitment to the ideals of the legal profession
and strength of character to resist the many temptations of the law to deviate from its exacting norms.
x Despite the close and personal relations, the problem of the client is not the problem of the lawyer.
There has to be a sense of detachment so that the lawyer does not lose his composure. For this reason,
a lawyer is discouraged, though not prohibited, from representing a relative in court.
x Retainer ± 2 concepts:
It may refer to the act of the client by which he engages the services of an attorney to render
legal service
Or to defend or prosecute his case in court
x Retainer may also refer to the fee which a client pays to an attorney when the latter is retained. It is
intended to remunerate him for being deprived of the opportunity of rendering legal services to the other
party. It is apart from the payment for the services he rendered for which he was retained.
x An attorney has no power to act as counsel or legal representative for a person without being retained
nor may he appear in court for a party without being employed unless by leave of court.
x There must be a contract of employment, express or implied. Formality, however, is not as essential
element of employment. The absence of a written contract will not preclude a finding that there is a
professional relationship. It is sufficient that legal services were rendered in any manner (legal advices
etc). Establishing the relationship depends upon the circumstances.
x Employment in a law firm is equivalent to the retainer of a member even if only one of them is
consulted. Once a law firm is engaged, even if only one lawyer is sought, the whole firm is engaged for
the reason that information given to one of them is available to the whole company.
Rule 14.01 ± Shall not decline to represent unpopular clients
x Regardless of his personal feelings, a lawyer should not decline representation because a client is
unpopular or community reaction is adverse. (Regardless of the guilt of the person)
x When is it better to defend a guilty client? In a civil or in a criminal case?
A: In a criminal case. Because there is a presumption that the accused is innocent.
Rule 14.02 ± Shall not decline appointment by the court or by IBP
x A court may assign a lawyer to render professional aid, free of charge, to any party if in a case upon
investigation it appears that the party is destitute and unable to employ a lawyer and that the services of
counsel are necessary to secure the ends of justice and to protect the rights of the party.
x 7KHEXUGHQRIDQDWWRUQH\¶VUHJXODUSUDFWLFHDQGWKHSRVVibility of the compensation for counsel de
oficio being considered as a regular source of income, which is not envisioned by the rule, should
caution a trial court from frequently appointing the same lawyer as counsel de oficio.
Rule 14.03 ± May refuse to represent indigent on valid grounds
x The solicitor general is the principal law officer and legal defender of the Government. He has the
discretion in choosing whether to prosecute or not to prosecute or abandon a prosecution already
started;; or to take a position adverse to the people of the Philippines. But he cannot just refrain from
performing his duty as a lawyer of the government. He cannot simply refuse to do his duty of withdraw
from a case on flimsy ground. (In short, he must be able to state a valid reason for declining a case).
Rule 14.03 ± Shall observe the same standard for all clients
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x 1HLWKHUWKHDPRXQWRIDWWRUQH\¶VIHHVQRWWKHFOLHQW¶VILQDQFLDODELOLW\WRSD\VXFKIHHVVKRXOGVHUYHDV
WKHWHVWWRGHWHUPLQHWKHH[WHQWRIWKHODZ\HU¶VGHYRWLRQWRKLVFOLHQW¶VFDXVH
CANON 15 ± OBSERVE CANDOR, FAIRNESS AND LOYALTY
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS
AND TRANSACTIONS WITH HIS CLIENTS.
Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable
whether the matter would involve a conflict with another client or his own interest, and if so, shall
forthwith inform the prospective client.
Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of matters
disclosed to him by a prospective client.
Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned
given after a full disclosure of the facts.
Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or
arbitrator in settling disputes.
Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and
probable results of the 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 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.
Rule 138. Section 3. Requirements for lawyers who are citizens of the United States of America. ² Citizens of
the United States of America who, before July 4, 1946, were duly licensed members of the Philippine Bar, in
active practice in the courts of the Philippines and in good and regular standing as such may, upon satisfactory
proof of those facts before the Supreme Court, be allowed to continue such practice after taking the following
oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice of law in the
Philippines, do solemnly swear that I recognize the supreme authority of the Republic of the Philippines;; I
will support its Constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein;; I will do no falsehood, nor consent to the doing of any in court;; I will not wittingly or
willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same;; I will
delay no man for money or malice, and will conduct myself as a lawyer according to the best of may
knowledge and discretion with all good fidelity as well as to the courts as to my clients;; and I impose upon
myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God.
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AGPALO NOTES
Rule 15.01 ± Shall ascertain possible conflict of interests
x It is the duty of the lawyer to disclose and explain to a prospective client all
circumstances of his relations to the parties and any interest in or connection with the controversy,
which in his judgment may influence the client in the selection of counsel. The disclosure is more for the
protection of the lawyer.
x A lawyer should decline professional employment if its acceptance will involve a
violation of any of the rules of the legal profession.
x Neither should a lawyer accept employment in the nature of which might easily be
used as a means of advertising his professional services or skills.
Rule 15.02 ± Shall preserve secrets of a prospective client
x Reason for the rule is to make the prospective client free to discuss whatever he
wishes without the fear that the lawyer will divulge the same and also for the lawyer to be able to obtain
information from the prospective client.
Rule 15.03 ± Shall not represent conflicting interests
x 7KHUHLVLQFRQVLVWHQF\RILQWHUHVWVZKHQLWLVWKHDWWRUQH\¶VGXW\WRFRQWHQGIRUWKDW
which his duty to another client is to oppose.
x Once a lawyer has entered his appearance for the plaintiff in a case whose
respondent is a previous client, he represents conflicting interests which places him as a subject of
disciplinary sanctions.
x The termination of the relation does not preclude the application of the rule to the
lawyer.
x The rule applies regardless of how material the confidential information may be.
x Reason for the rule: principle of public policy and good taste. The relation of the
atty-client being fiduciary and confidential of the highest degree.
x The rule applies even of the cases are unrelated for as long as the interests may
possibly conflict.
x The rule is also applicable to a law firm.
x However, when the former client consents to the representation of the lawyer of
an adversary, the lawyer may accept the new client. There must be a written consent of the former
client. The new client must also be apprised of the conflicting interests and provided he also consented.
Rule 15.04 ± May act as a mediator
x His knowledge of the law and his reputation for fidelity may make it easy for the
disputants to settle their differenced amicably.
Rule 15.05 ± Shall give candid advice on the merits of the case
x It is only after he shall have studied the case that he should advise his client on
WKHPDWWHU+LVFOLHQWLVHQWLWOHWRDFDQGLGDQGKRQHVWRSLQLRQRQWKHPHULWRUODFNRIPHULWRIWKHFOLHQW¶V
case and of the probable results of the case.
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Rule 15.06 ± Shall not undertake influence-peddling
x A lawyer shall not state or imply that he is able to influence any judge or public
official.
Rule 15.07 ± Shall impress upon his clients compliance with law
x The code enjoins a lawyer to employ only fair and honest means to attain the
lawful objectives of his client and warns him not to allow his client to dictate the procedure for handling
WKHFDVH³$ODZ\HULVQRWDJXQIRUKLUH´
Rule 15.08 ± Shall make clear whether he is acting in another capacity
x A practicing lawyer may lawfully engage in another occupation or business but he
shall make this fact clear to his client. (as for a CPA-lawyer, state whether acting as a CPA or as
Lawyer)
CASE LAW
HORNILLA v SALUNAT (2003) Hornilla and Ricafort filed an Respondent admits that the ASSA
administrative complaint against Law Firm, of which he is the
Atty. Salunat for illegal and Managing Partner, was the retained
³$66$/DZILUP´ unethical practice and conflict of counsel of PPSTA. Yet, he
interest. They alleged that appeared as counsel of record for
respondent is a member of the the respondent Board of Directors
ASSA Law and Associates, which in the said case. Clearly,
was the retained counsel of the respondent was guilty of conflict of
Philippine Public School Teachers interest when he represented the
Association (PPSTA) members and parties against whom his other
respondent appeared as counsel client, the PPSTA, filed suit.
for the PPSTA Board members in
their intra-corporate case in SEC
against the members of their board.
(members vs. Board)
GONZALES v CABUCANA (2006) Complainant was represented by It is well-settled that a lawyer is
Cabucana Law Firm in a civil case. barred from representing conflicting
The sheriff failed to execute the interests except by written consent
³&DEXFDQD/DZ)LUP³ decision and so Gonzales filed a of all concerned given after a full
complaint against the sheriff. disclosure of the facts.
Cabucana also represented the
sheriff in the case. The prohibition on conflicting
interests applies to law firms.
DE GUZMAN v DE DIOS (2001) Complainant engaged services of There is no other logical
the lawyer in forming the SBHI H[SODQDWLRQIRUFRPSODLQDQW¶V
Corporation. Lawyer also appeared ouster aside from the evident
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³SLQDJNDLVDDKDQQJERDUGVKDUHV as counsel for the SBHI collusion between the board of
RIVWRFN´ Corporation when the shares of the directors and respondent. Indeed,
complainant was declared the board of directors now includes
delinquent and was sold at an respondent as the president and
auction. The respondent lawyer del Rosario as secretary.
became a member of the Board of
Directors while complainant was
completely ousted from the
corporation.
PEREZ v DELA TORRE (2006) Lawyer pretended to intend to There is conflict of interest.
represent the accused in a criminal Respondent cannot exculpate
case to obtain their himself by alleging that it was the
³([WUDMXGLFLDOFRQIHVVLRQV´ representations. However, he two accused who sought his
appeared to actually represent the assistance in executing their
family of the victim of the murder. extrajudicial confessions since he
was already representing the family
of the murder victim at that time.
HEIRS OF FALAME v BAGUIO Respondent represented the Attorney-client relations

(2008) deceased in the 1st civil case for confidentiality is not terminated by
the title of the land. After the death, death. Thus, the lawyer may still
a 2nd case was instituted against not hold a case which conflicts in
³FLYLOFDVHV´ the heirs of the deceased to which interest with that of a deceased
the respondent represented the client.
adverse party.
REGALA v SANDIGANBAYAN PCGG instituted a Complaint Petitioners may invoke privilege of
(1996) against Eduardo M. Cojuanco, Jr., communication. Under the general
as one of the principal defendants, rule, however, a lawyer may not
for the recovery of alleged ill-gotten invoke the privilege and refuse
³$&&5$/DZ\HUV´ wealth. ACCRA lawyers are to divulge the name or identity of
impleaded as they have allegedly his client for the following
assisted the principals and for them reasons:
to reveal identity of certain persons.
1. The court has a right to know
that the client whose privileged
information is sought to be
protected is flesh and blood.
2. The privilege begins to exist only

after the attorney-client relationship
has been established. It does not
attach until there is a client.
3. The privilege generally pertains

to the subject matter of the
relationship.
4. Due process considerations
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require that the opposing party

should, as a general rule, know his
adversary.
Notwithstanding these
considerations, the general rule
may be qualified by some
important exceptions, such as:
1. A strong probability exists that

UHYHDOLQJWKHFOLHQW¶VQDPHZRXOG
implicate that client in the very
activity for which he sought the
ODZ\HU¶VDGYLFH
2. The disclosure would open the

client to civil liability.
7KHJRYHUQPHQW¶VODZ\HUVKDYH
no case against at attorney¶VFOLHQW
XQOHVVE\UHYHDOLQJWKHFOLHQW¶V
name, the said name would furnish
the only link that
would form the chain of testimony
necessary to convict an individual
of a crime.
PEOPLE v SANDIGANBAYAN Perjury case was filed against Confidentiality rule does not apply
(1997) several parties. The proposal for in this case. It may be correctly
the discharge of respondent assumed that there was a
³3HUMXU\ODZ\HUSDUW\WRWKHFULPH´ Sensaet as a state witness was confidential communication
rejected by the Ombudsman for the between Paredes and Sensaet in
confession of Atty. Sensaet falls connection with the falsification
within the mantle of privileged charge. But it is also the rule that
communication (attorney-client the announced intention of the
relationship). client to commit a crime is not
included within the confidences
which his attorney is bound to
respect.

CASTILLO v SANDIGANBAYAN Republic of the Philippines filed Petitioner may validly invoke the
(2002) with the Sandiganbayan a privilege (pero hindi inexplain ng
compliant for reconveyance, court kung bakit .)
³0DODERQJ5DWLR$SSOLFDWLRQRI reversion, accounting, restitution
5HJDOD´ and damages against several
persons one of which is petitioner.
Petitioner is invoking the
applicability of Regala v
Sandiganbayan ruling to him as he
is a lawyer of the other accused.
DALISAY v MAURICIO (2006) Notwithstanding the receipt of After agreeing to handle the case,
GRFXPHQWVDQGDWWRUQH\¶VIHHV his duty is, first and foremost, to
³0DXULFLRDVDWKLHI´ from complainant, respondent enter his appearance. He has the
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never rendered legal services for right to decline employment. But
her. As a result, she terminated the once he accepts money from the
attorney-client relationship and client, an atty-client relationship is
demanded the return of her money established, giving rise to the duty
and documents, but respondent RIILGHOLW\WRWKHFOLHQW¶VFDXVH+H
refused. must serve his client with
competence and diligence, and
FKDPSLRQWKHODWWHU¶VFDXVHZLWK
wholehearted devotion.
DEE v CA (1989) Having settled the account of There was a professional
SHWLWLRQHU¶VEURWKHULQDFDVLQRLQ relationship. Lawyer is entitled to
³/DV9HJDVGHEW'HZH\'HH´ Las Vegas, private respondent sent the balance. There is no question
several letters to petitioner that professional services were
demanding the payment of the actually rendered by private
balance for atty fees. Petitioner respondent when he communicated
ignored the letters. Respondent with the president of the casino.
filed a suit for the collection of the
sum. Petitioner contends that there
was no professional relationship.
(That the relationship was informal)
MERCADO v SECURITY BANK Mercado wrote Chief Justice Hilario 0HUFDGR¶VDGGUHVVLQJVXFKOHWWHUWR
(2006) Davide Jr., insinuating that (1) the the Chief Justice is a perfect
ponente (Sandoval-Gutierrez) example of bad faith and malice.
³OHWWHUWR&-´ VXFFXPEHGWRWKH³WUHPHQGRXV As for Atty. Villanueva (from whom
SUHVVXUH´RI&-'DYLGH-ULQ Mercado got his imputations), in
denying his petition;; (2) the informing his client that he was a
Security Bank Corporation, ³YHU\YHU\JRRGFORVHDQGORQJ
UHVSRQGHQWILQDQFHGWKHSRQHQWH¶V WLPHIULHQG´RIWKHSRQHQWH$WW\
travel to the US;; and (3) the Villanueva impressed upon the
SRQHQWHJDYHUHVSRQGHQWD³JR former that he obtained a favorable
signal´WRVHOOKLVSURSHUW\DQG disposition of the case. His bold
demolish some buildings despite assurances led his client not only to
the pending case. suspect but also believe that the
entire Court could be pressured or
influenced.
NAKPIL v VALDES (1998) When Jose Nakpil died, Atty. Moran is found guilty of
Moran acted as legal counsel and PLVFRQGXFW5HVSRQGHQW¶VPLVXVH
accountant (being a CPA-lawyer) of of his legal expertise to deprive his
the widow. Widow Imelda client of the Moran property is
transferred property to Moran and clearly unethical.
subsequently sought to recover it
but Moran refused to return.

CANON 16 ± +2/',175867&/,(17¶6021(<6$1'3523(57,(6
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT
MAY COME INTO HIS PROFESSION.
Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client.
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Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of
others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and property 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.
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.
Civil Code
Art. 1491. 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 entrusted 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 whose jurisdiction or territory they exercise their respective functions;; this
prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property
and rights which may be the object of any litigation in which they may take part by virtue of their profession.
(6) Any others specially disqualified by law.
Art. 1492. The prohibitions in the two preceding articles are applicable to sales in legal redemption, compromises
and renunciations.
AGAPALO NOTES
x The position of the attorney enables him to put in his power, and opens him to the temptation to avail
himself of, not only the necessity of his client but of his good nature, liberality and credulity to obtain
undue advantages, bargains and gratuities.
x Dealings with a client deserves the closest judicial scrutiny.
x A lawyer is not barred from dealing with a client but it must be with utmost honesty and good faith. And
although not barred, it is highly discouraged.
x $ODZ\HUPD\QRWSXUFKDVHDFOLHQW¶VSURSHUW\LQOLWLJDWLRQ$UW&&The rule forbidding the
transaction presupposes the following:
Attorney-client relationship\
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Property or interest of the client in litigation

Attorney takes part is such case as counsel
Purchase of the property by the lawyer
Rule 16.01 ± 6KDOODFFRXQWIRUFOLHQW¶VIXQGV
x When a lawyer receives money on behalf of the client, he holds it in trust and he is under the obligation
to make an accounting thereof.
x If duly authorized, an attorney may cash a money order belonging to the client and retain a part of it as
in payment of his fees.
Rule 16.02 ± 6KDOOQRWFRPPLQJOHFOLHQW¶VIXQGV
x +HVKDOOHQVXUHWKDWWKHFOLHQW¶s money is not commingled with the funds of other clients or that of his
private funds. Neither may he use it for his own even if with the intention of reimbursing.
Rule 16.03 ± Shall deliver funds to the client, subject to his lien
x He shall have lien over the funds insofar as his lawful fees and disbursements are concerned but he
must inform his client of such lien. He also has lien over the amount of all judgments and executions he
has secured for his client.
x Failure to deliver raises the presumption that the lawyer misappropriated the funds.
Rule 16.04 ± Shall not borrow from, nor lend money to, client
x 7KHSURKLELWLRQIURPERUURZLQJGRHVQRWDSSO\LIWKHFOLHQW¶VLQWHUHVWVDUHIXOO\SURWHFWHGE\WKHQDWXUHRI
the case BUT the lawyer may not abuse by delaying payment.
x $VWRWKHOHQGLQJWKHUHDVRQIRUWKHSURKLELWLRQLVWRDVVXUHWKDWWKHODZ\HU¶VLQGHSHQGHQFHLVQRW
prejudiced such that the lawyer should not have a personal stake on the outcome of a case.
CASE LAW
BERBANO v BARCELONA (2003) Extorted money from the client in Respondent has demonstrated a
0D[¶VUHVWDXUDQWEXWQHYHUDFWHG penchant for misrepresenting to
on the case of the complainant. He clients that he has the proper
³0D[¶V5HVWDXUDQW´ told complainant that he knew the connections to secure the relief
judge who will decide the case. they seek, and thereafter, ask for
When asked to return the money, money, which will allegedly be
respondent refused. given to such connections.
Respondent even had the audacity
to tell complainant that the Justices
of the Supreme Court do not accept
checks. In so doing, respondent
placed the Court in dishonor and
public contempt.
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LICUANAN v MELO (1989) Licuanan filed an affidavit- Melo unnecessarily retained the
complaint against her counsel Atty. money. He was using it for his
Melo for breach of professional benefit, and unjustifiably depriving
³6XUSULVHUHQWDOV³ ethics, saying Melo failed to remit his client of use of the same.
to her (or even inform her) the
rentals collected by Melo on his
FOLHQW¶VEHKDOIRQGLIIHUHQWGDWHV
over a 12-month period. Melo said
that it was to surprise client that
they were successful in collecting
the rentals.
HERNANDEZ v GO Hernandez engaged the legal Respondent Go should be

services of Atty. Go because her disbarred.
huVEDQG¶VFUHGLWRUVGHPDQGHG
payments of his loans and she Respondent Go abused her trust
³ODQGWLWOHV´ and confidence when he did not
feared that her properties will be
foreclosed. Go asked her to give sell her properties to others but to
him the titles for him to sell. himself and spent his own money
+RZHYHU*RSDLG+HUQDQGH]¶ to pay her obligations.
debts and transferred the titles to
his name.
BUSINOS v RICAFORT Busiños alleges that respondent The Court finds no doubt that
Atty. Francisco Ricafort committed Ricafort is guilty of having used the
the crime of estafa by money of his clients without their
³3LQH[LVWHQWERQG´ misappropriating the sum of consent. By converting the money
Php32,000.00. Of the said amount, of his clients to his own personal
Php30,000.00 was entrusted to use without their consent, and by
Atty. Ricafort for deposit in the bank deceiving the complainant into
DFFRXQWRIFRPSODLQDQW¶VKXVEDQG giving him the amount of
while the remaining Php2,000.00 Php2,000.00 supposedly for a bond
represented the amount which was never required, Ricafort
respondent demanded from is guilty of deceit, malpractice, and
complainant supposedly for a bond gross misconduct.
in Civil Case No. 5814, when no
such bond was required.
QUILBAN v ROBINOL Martin was entrusted with the task He has violated not only his oath
of negotiating on behalf of the not to delay any man for money
squatters for the sale of the land to and to conduct himself with all good
them. Instead, he went to Maximo
³GRXEOHMHRSDUG\RQWKHVTXDWWHUV³ fidelity to his clients. He has also
Rivera, a realtor with whom he
connived to obtain the sale to the brought the legal profession into
exclusion of the other Samahan disrepute with people who had
members. The samahan engaged reposed in it full faith and reliance.
the services of Atty. Robinol but the
lawyer instead put the title to his
name (bought the property).
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RAYOS v HERNANDEZ Complainant was a party in an Contingent fee claimed by Atty.
expropriation case against Hernandez is grossly excessive
NAPOCOR. Respondent was the and unconscionable.
³1$32&25´ counsel and is now demanding
almost 60% of the total amount Contingent fee contracts are not
paid to the complainant as atty illegal per se but are subject to the
fees. supervision and close scrutiny of
the court in order that clients may
be protected from unjust charges.
Court held that the proper amount

is 35%.
BARNACHEA v QUICO Complainant Barnachea asked for The fact that he is not able to return
his help to transfer under her name the money only means that he was
´post-GDWHGFKHFN´ the title of a land previously owned in a financial trouble and used the
by her sister. After two months, the checks to pay his financial
transfer has still not been made obligations. However, a lawyer is
and Barnachea demands a refund. obliged to hold in trust, the money
Quincho agreed to give a refund or property of his client that may
and issued a post-dated check. come to his possession. He is a
However, respondent still failed to trustee to said funds and property.
fund the check despite the He is to keep the funds of his client
demands. separate and apart from his own
and those of others kept by him.
RUBIAS v BATILLER Rubias acted as counsel for father Rubias as counsel should not have
in law in an ejectment case. He paid for the taxes in behalf of
³&LYLO&RGH&DVH´ paid for the taxes of the land. Militante. Also it appears that he
has acquired property of father in
law in violation of Art 1491 of the
CC.

CANON 17 ± TRUST AND CONFIDENCE

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.
AGPALO NOTES
x No fear or judicial disfavour or public unpopularity should restrain him from the full discharge of his duty.
The relationship demands the most scrupulous performance of his duty, especially when negligence will
cause delay in the administration of justice.
x This is a requirement of public interest to serve the ends of justice.
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x A lawyer should present every remedy or defense authorized by law in support of
KLVFOLHQW¶VFDXVHUHJDUGOHVVRISHUVRQDOYLHZV
CASE LAW
CANTILLER v POTENCIANO Potenciano accepted to handle the The petitions were poorly prepared
case for Annulment of Judgment and written. Little time is not an
and prayer for preliminary excuse. His first duty is to file the
³3RRUO\ZULWWHQSHWLWLRQ´ injunction. The petition was poorly best pleading with his capability.
written but Potenciano promised Moreover, he knew he would be
her that the restraining order would asked to withdraw as counsel by
be secured because the judge was the presiding judge due to their
a close friend of his. close friendship but he did not take
steps to find a replacement lawyer
or even inform the client about this
fact.
IN RE MAQUERA Practicing lawyer suspended in 0DUTXHUD¶VDFWVLQ*XDPDUHDOVR

Guam because of the misconduct valid grounds for his suspension
he committed in acquiring his from the practice of law in the
³*XDPODZ\HU³ FOLHQW¶VSURSHUW\DVSD\PHQWIRUKLV Philippines. They are violative of a
legal services, then selling it which ODZ\HU¶VVZRUQGXW\WRDFWZLWK
is an unreasonable high fee for fidelity toward his clients.
KDQGOLQJKLVFOLHQW¶VFDVH
SOMOSOT v PONTEVEDRA Complainant repeatedly reminded Respondent failed to exercise the
respondent about the deadline but diligence required of him in the
the latter still failed to submit a performance of his duties. He
³GLGQRWILOHWKHPHPR´ memorandum. Instead, respondent should have informed the court of
allegedly entered into an oral his agreement with the opposing
agreement with the opposing counsel instead of leaving the court
counsel that they would both forego waiting and wondering whether
the filing of the memorandum. said memoranda will be filed at all.
Worse, he did not even inform
complainant that the cse has been
submitted for decision without
memorandum.
ANGALAN v DELANTE Lawyer paid for the debt of the Instead of holding in trust the
spouses to retain the land. After full property of complainants,
payment by the spouses, lawyer respondent (1) transferred the title
³LOOLWHUDWHFOLHQWV³ refused to return the land. of the property to his name, (2)
refused to return the property to
complainants, and (3) referred to
FRPSODLQDQWV¶FKDUJHVDVPDOLFLRXV
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and untruthful. Instead of protecting

the interests of complainants,
respondent took advantage of
complainants and transferred the
title of the property to his name.
CANON 18 ± A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE
Rule 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not
qualified to render. However, he may render such service if, with the consent of his client, he can obtain
as collaborating counsel a lawyer who is competent on the matter.
AGPALO NOTES
x Duty to serve with competence and diligence (in general)

o Must possess the requisite degree of learning, skill and ability which is necessary the practice
of his profession and which others similarly situated possess
o Exert best judgment in the prosecution or defense of the litigation entrusted to him/ her
o Exercise reasonable and ordinary care and diligence in the use of his/ her skill and in the
DSSOLFDWLRQRIKLVKHUNQRZOHGJHWRWKHFOLHQW¶VFause
o 7DNHVWHSVWRDGHTXDWHO\VDIHJXDUGWKHFOLHQW¶VLQWHUHVWIURPKLVUHWDLQHUXSXQWLOKLVUHOHDVHRU
the final disposition of the whole subject matter of the litigation.
o $ODZ\HU¶VSHQGLQJUHOHDVHIURPWKHREOLJDWLRQWRWKHFOLHQWRUWKHIDFWWKDWWKHOawyer
volunteered to be counsel de oficio not justify substandard performance. Neither does the
failure of the client to pay fees warrant abandoning the case.
x Accepting professional employment means he/ she is holding himself/ herself out to the client to be
knowledgeable, competent and skilful to handle the case. There are cases which require specialized
knowledge which a lawyer may not be competent enough to handle.

Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.
AGPALO NOTES
x )XOOSURWHFWLRQRIWKHFOLHQW¶VLQWHUHVWVUHTXLUHVQROHVVWKDQDPDVWHU\RIWKHDSSOLFDEOHODZDQGWKH
facts involved in a case, regardless of the nature of assignment, and keeping constantly abreast with
the latest jurisprudence and developments in all branches of the law. A lawyer owes that duty not only
to the client but to the court, to the bar and to himself/ herself.
x Attempted presentation of a case without adequate preparation distracts the administration of
justice and discredits the bar. &DUHOHVVSUHSDUDWLRQPD\FDVWGRXEWXSRQWKHODZ\HU¶VLQWHOOHFWXDO
honesty and capacity.
x $ODZ\HU¶VSOHDGLQJVKRZVWKHH[WHQWRIKLVVWXG\DQGSUHSDUDWLRQ,QDGHTXDWHGLVFXVVLRQRIWKH
issues raised in the pleading betrays want of industry in the dischargHRIDODZ\HU¶VGXWLHVWRWKHFOLHQW
DQGWRWKHFRXUW7LPHSUHVVXUHLQH[SHULHQFHDVVHUWLYHQHVVLQHVSRXVLQJFOLHQW¶VFDXVHJRRGIDLWK
and honest intention may not excuse a lawyer from preparing a proper pleading.
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x A lawyer may interview a witness in advance of trial to guide him in the management of the
OLWLJDWLRQ3URSHUGLVFKDUJHRIDQDWWRUQH\¶VGXWLHVUHTXLUHWKDWKHDVFHUWDLQVIURPZLWQHVVHVZKDWWKH
latter knows and does not know about the facts in the controversy.
x A lawyer may also interview a prospective witness for the opposing side in any civil or criminal
action without the consent of the opposing counsel or party. Ethics dictate though that the lawyer should
avoid any suggestion calculated to induce the witness to suppress or deviate from the truth. A lawyer
may also obtain statements from witnesses whose names were furnished by the opposing counsel even
though they are under subpoena to appear as witness for the opposing side.
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection
therewith shall render him liable.
AGPALO NOTES
x The legal profession is a jealous mistress which requires of a lawyer that degree of vigilance and
attention expected of a good father of a family.
x A lawyer is expected to exercise ordinary diligence. He is not bound to exercise extraordinary
diligence.
x What accounts for carelessness and negligence depends upon the circumstances of the case. It
has been held that there is want of require diligence when the lawyer without sufficient justification,
failed to:
o Bring the action immediately
o File the answer to the compliant within the reglementary period
o Inform the client of an adverse judgement within the reglementary period
o Take steps to have the adverse decision reconsidered or appealed
o Notify the client of the date of the hearing
o Attend the scheduled pre-trial conference or hearing
o Prosecute the action for a reasonable period
o Ascertain the correct date of receipt of decision
o Acquaint himself with what happened in the litigation
o Pay the docket fee on appeal
o Claim judicial notice sent by mail
o )LOHWKHDSSHOODQW¶VEULHI
x A lawyer should not prolong litigation as an excuse to exploit the client to collect bigger fees
x If the lawyer cannot appear at the scheduled hearing he should either,
o Request for another lawyer to appear for him and see to it that the lawyer does appear for him
o Ask for postponement, although he should still provide contingency measures in the event that
the motion for postponement gets denied
x A lawyer who has two or more cases in different courts set for trial on the same date without his
previous knowledge should immediately ask for postponement of the case or cases. He should present
the postponement as such time practicable to prevent the adverse party from coming to court with his
witnesses on the date of the trial.
x In a situation where an attorney retained in a case the trial of which is set for a date on which he
knows he cannot appear because of his engagement in another trial previously set for the same date,
he has no right to presume that the court will necessarily grant him a continuance. The most ethical
thing for him to do in such a situation is to inform the prospective client of all the facts so that the latter
may retain another attorney. If the client, having full knowledge of all the facts, still retains the attorney,
he assumes the risk himself.
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x A lawyer should also see to it that the client attend the pre-trial conference. If the client cannot
appear, then the attorney should secure from the client a written authority to compromise the action and
submit the case to arbitration. Failure to take this action may put the client in default and subject the
attorney to disciplinary proceedings.
x While a motion for extension of time to file a pleading, motion, brief or memorandum has remained
unacted by the court, the least that is expected of a lawyer in the meanwhile is to file it within the time
asked for.
x Adoption of system to insure receipt of mails: A lawyer ought to have a system that will insure his
prompt receipt of notices and communications sent to him by registered mail at his address of record. If
he fails to claim his mail within five days from the date of the first notice of the postmaster, service shall
take effect at the expiration of such time.
x Notice of change of address: A lawyer owes his client the court the duty to make of record his
correct address and to inform he court in writing of his change of address. Without his address being on
record, a lawyer will not be entitled to be served with judicial notice.
x Notice of the death of client: A lawyer should inform the court, within 30 days, of the death of his
client, and if the claim survives the death, also to inform of the names of the legal representatives of the
deceased so that the latter can be substituted as parties.
x 5HTXLULQJWKHFOHUNRIFRXUWWRGRKLVGXW\,IWKHFOHUNRIFRXUWLVQHJOLJHQWLWLVWKHODZ\HU¶VGXW\WR
call the attention of the court to that fact or to file necessary motion to set the case for pre-trial or trial.
Failure to take such step may justify the dismissal of the action for failure to prosecute.
x Standard of duty required of a defense counsel: An attorney for the defense in a criminal action,
whether as counsel de parte or counsel de oficio has the right and duty to render effective legal
assistance to the accused, irrespective of his personal opinion as the guilt of his client. The right to
counsel means an efficient and truly decisive legal assistance and not simply a perfunctory
representation. A defense counsel is expected to present every defense and mitigating circumstance
that the law permits to the end that his client may not deprived of life or liberty but by due process of law
legally applied.
o A lawyer should not put a witness on the stand whom he knows will give a false testimony.
o A lawyer may not cause the transfer, through misrepresentation, of a case pending in one sala
to another of the same court without the knowledge and consent of the judge taking
cognizance of said case, for the purpose of obtaining from the second sala a more satisfactory
remedy or a lighter penalty.
o +HPD\QRWDEDQGRQWKHFOLHQWHYHQLIKHLVFRQYLQFHGRIKLVFOLHQW¶VJXLOW1RUPD\KHDGPLW
the guilt of his client or the truth of the facts on which the guilt of his client depends.
x Standard required of a counsel de oficio: Expected to render effective service and his best efforts
on behalf of an indigent accused. The court requires of a lawyer strict accountability in the performance
of his duty to the impoverished litigal.
x On pleading guilt: A plea of guilty is an admission of the crime charged in the information and truth
of the facts alleged, including the qualifying and mitigating circumstances. When the client intends to
enter into a plea of guilt, it is the duty of the defense counsel to:
o Fully acquaint the client with the records and surrounding circumstances of the case
o Confer witht he client and obtain his account of the facts
o Advise him of his constitutional rights
o Thoroughly explain to him the import of a guilty plea and the inevitable conviction that will
follow
o See to it that the procedure which is necessary in the administration of justice is followed and
disclosed in the court records.
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x On pleading guilt: In a prosecution for a grave offense, the court should require the taking of the
testimony after a plea of guilty on the part of the accused so as to establish the precise degree of his
culpability.
x The taking of testimony after a plea of guilty could prevent the imposition of an incorrect penalty.
Also the guilty-pOHDV\VWHPDLPVWRSUHYHQW³SURIHVVLRQDOZULW-UXQQHUVDQGSOHDGV´± lawyers who handle
large volume of cases for less than spectacular fees by advising influencing, coercing clients to plead
guilty irrespective of their guilt of innocence.

CASE LAW

Legarda vs. CA (1992) Atty. Coronel neglected to file an Failing to exercise due diligence in
Failed to file an answer to the answer to the complaint against his protecting and attending to the
complaint client, he set off events which interest of his client caused the
resulted in the deprivation of latter material prejudice. The
SHWLWLRQHU¶VULJKWVRYHUKHUKRXVH moment a lawyer takHVDFOLHQW¶V
and lot, so the decision became cause, he covenants that he will
ILQDODQGH[HFXWRU\DQGGLGQ¶WHYHQ exert all effort for its prosecution
file motion for reconsideration. until its final execution. (suspended
for 6 mos.)
Endaya vs. Oca (2003) In a case of unlawful detainer Failure to file the required
Failed to file a pleading against his client, Atty. Oca was SOHDGLQJVEHFDXVHKHEHOLHYHVLW¶V
assigned by the PAO to handle the unnecessary or futile, belies lack of
case, but he attended only the diligence and commitment. His acts
SUHOLPLQDU\FRQIHUHQFHDQGGLGQ¶W did not prejudice his clients (the
submit any memo during the trial. court made a decision favorable to
his clients), but the failure per se is
a violation of the CPR, Rule 18.03.
It denied the clients a fair chance to
put up a fair fight in the dispute.
(suspended for 2 mos.)
Carandang vs. Obmina $WW\2EPLQDORVWDFDVHDQGGLGQ¶W (suspended for 1 year)
)DLOHGWRLQIRUPFOLHQWRIFRXUW¶V inform client of the adverse
decision decision. Client only knew of it
when daughter visited the RTC and
inquired of the status of the case.
The action for appeal already
prescribed, and Obmina said he
GLGQ¶WILOHDQDSSHDOEHFDXVHKLV
clients had no financial capacity for
an appeal.

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.
AGPALO NOTES
x A lawyer should advise his client promptly whenever he has any information to give which it is
important the client receive.
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x The client is entitled to the fullest disclosure of the mode o manner by which his interest is
defended or why certain steps are taken or omitted. It is also the duty of the client to make proper
inquiries from his counsel concerning his case.
x It is as unwarranted for a lawyer to wilfully fail to advise his client of the progress of his litigation as
to give his client erroneous information concerning the status of the case.
CASE LAW

Blanza vs. Arcangel (1967) Atty. Arcangel volunteered to assist A fee is not required to establish
Failure to observe due diligence for people in claiming pension of their the lawyer-client relationship;;
the lack of a fee for the services deceased husbands who were having volunteered his services, he
Constabulary soldiers. Six years was bound to attend to the
lapsed yet there was no progress FRPSODLQDQWV¶FODLPVZLWKDOOGXH
on the case, and refused to return diligence. (no disciplinary action)
FOLHQWV¶GRFXPHQWVXSRQGHPDQG
Yet the evidence is insufficient to
warrant the taking of disciplinary
action.
Abay vs. Montesino (2003) Atty. Montesino was counsel for the The abandonment by the attorney
Abandoned client. Failure to file an Negros Institute of Technology, and KLVFOLHQW¶VFDXVHPDGHKLP
DSSHOODQW¶VEULHIDQGWRGLVFORVHWKH on appeal of the case, although he unworthy of the trust that his client
adverse decision of the court on the filed a Notice of Appeal, he failed to reposed in him. If indeed
appeal. VXEPLWDQDSSHOODQW¶VEULHIDQGWKH respondent felt unable or unwilling
CA dismissed the case. He to continue his retainership, he
supposedly never told the NIT that should have properly withdrawn his
its appeal had already been appearance and allowed the client
dismissed. He said that to pursue to appoint another lawyer.
the appeal would be frivolous and (suspended for 6 mos.)
WD[LQJWRWKH&$¶VWLPH

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CANON 19 ± A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE
BOUNDS OF THE LAW
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client
and shall not present, participate in presenting or threaten to present unfounded criminal charges to
obtain an improper advantage in any case or proceeding.
Rule 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;;
AGPALO NOTES
x $ODZ\HU¶V]HDOVKRXOGQRWJREH\RQG the limits of law, sobriety and decorum.

x A lawyer should not offer in evidence any document which he knows is false nor present any
witness whom he knows will perjure.
x A lawyer should not state his personal belief as to the soundness or justice of his case.
o 7KHODZ\HU¶VSHUVRQDOEHOLHIKDVQREHDULQJRQWKHFDVH
o If expression of belief were permitted, it would give improper advantage to the more
experienced lawyer whose opinion would carry more weight.
o Assuming it is permitted, omission to make such an assertion might be taken as an admission
RIWKHODFNRIEHOLHILQWKHVRXQGQHVVRIWKHFOLHQW¶VFDXVH
x Duty to restrain client from impropriety: A lawyer should use his best efforts to restrain and to
prevent his client from performing acts which he himself ought not to do, particularly which reference to
WKHFRQGXFWWRZDUGWKHFRXUW([DPSOH$ODZ\HUPD\QRWVDQFWLRQKLVFOLHQW¶VDFWRIFRPSURPLVLQJWKH
DFWLRQZLWKWKHDGYHUVHSDUW\ZLWKRXWWKHNQRZOHGJHRIWKHODWWHU¶VDWWRUQH\
x A lawyer who employs the negative defense of lack of knowledge or information solely for the
purpose of delay is liable for disciplinary action.
x 2QPDWULPRQLDOFDVHV:KDWLVXQHWKLFDOLVWKHODZ\HU¶VSDUWLFLSDWLRQLQDQ\FROOXVLRQEHWZHHQWKH
parties. A lawyer should not only avoid being a party to a collusion, he must also avoid any act which
may invite or raise the suspicion of collusion.
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.
AGPALO NOTES (ito mismo ung title)
x This rule is contrary to Canon 41 of the CPR ± ³ZKHQDOD\HUGLVFRYHUVWKDWVRPHIUDXGRU
deception has been practiced, which was unjustly imposed upon the court or party, he should
endeavour to rectify it;; at first by advising his client and if his client refuses to forego the advantage thus
unjustly gained he should properly inform the injured person or his counsel so that they may take
DSSURSULDWHVWHSV´
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x &DQRQPD\FROOLGHZLWKWKHODZ\HU¶VGXW\WRNHHSWKHFOLHQW¶VFRQILGHQFHLQYLRODWHZKLFKLVZK\
this rule merely requires the lawyer to terminate his relationship with the client in the event the latter fails
or refuses to rectify the fraud.
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.
AGPALO NOTES
x A lawyer is not a gun for hire;; he should resist any unlawful instruction from the client.
x A lawyer should endeavour to seek instruction from his client on any substantial matter concerning
the litigation, which may require decision on the part of the client, such as whether to compromise the
case or to appeal an unfavourable judgment.
x 7KHODZ\HU¶VGXW\WRWKHFRXUWQROHVVWKDQWKHGLJQLW\RIWKHOHJDOSURIHVVLRQUHTXLUHVWKDWKH
should not act like an errand-boy at the beck and call of his client, ready and eager to do his bidding.
x $ODZ\HU¶VGXW\ to the court is not secondary to that of his client.
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CANON 20 ± A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES
RA 5185, Section 6. Prohibition Against Practice.
A member of the Provincial Board or City or Municipal Council shall not appear as counsel
before any court in any civil case wherein the province, city or municipality, as the case may be,
is the adverse party: Provided, however, That no member of the Provincial Board shall so appear
except in behalf of his province in any civil case wherein any city in the province is the adverse
party whose voters are en-franchised to vote for provincial officials, nor shall such member of
the Provincial Board or City or Municipal Council appear as counsel for the accused in any
criminal case wherein an officer or employee of said province, city or municipality is accused of
an offense committed in relation to the latter's office, nor shall he collect any fee for his
appearance in any administrative proceedings before provincial, city or municipal agencies of
the province, city or municipality, as the case may be, of which he is an elected official.
The provisions of this Section shall likewise apply to provincial governors and city and
municipal mayors.
Rules of Court, Rule 138, Sec. 24. Compensation of attorneys;; agreement as to fees.
An attorney shall be entitled to have and recover from his client no more than a reasonable
compensation for his services, with a view to the importance of the subject matter of the
controversy, the extent of the services rendered, and the professional standing of the attorney.
No court shall be bound by the opinion of attorneys as expert witnesses as to the proper
compensation, but may disregard such testimony and base its conclusion on its own
professional knowledge. A written contract for services shall control the amount to be paid
therefor unless found by the court to be unconscionable or unreasonable.
Rules of Court, Rule 138, Sec. 32. Compensation for attorneys de oficio.
Subject to availability of funds as may be provided by law the court may, in its discretion, order
an attorney employed as counsel de oficio to be compensated in such sum as the court may fix
in accordance with section 24 of this rule. Whenever such compensation is allowed, it shall not
be less than thirty pesos (P30.00) in any case, nor more than the following amounts: (1) Fifty
pesos (P50.00) in light felonies;; (2) One hundred pesos (P100.00) in less grave felonies;; (3) Two
hundred pesos (P200.00) in grave felonies other than capital offenses;; (4) Five hundred pesos
(P500.00) in capital offenses
CASE LAW

Quirante vs. IAC (1989) $WW\4XLUDQWH¶VFOLHQW'U&DVDVROD Since the main case from which
won his case in the RTC against SHWLWLRQHU¶VFODLPVIRUWKHLUIHHV
building contractor Norman may arise has not yet become final,
Guerrero. PHILAMGEN is the the determination of the propriety of
surety. Guerrero was ordered to said fees and the amount thereof
pay a total of P129,430.00 for should be held in abeyance. An
GDPDJHVDQGDWWRUQH\¶VIHHV DWWRUQH\¶VIHHFDQQRWEH
PHILAMGEN was ordered to pay determined until after the main
P120,000.00, the amount of the litigation has been decided and the
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surety bond. Quirante files a motion subject of recovery is at the court¶V
IRUFRQILUPDWLRQRIKLVDWWRUQH\¶V disposition.
fees, which is based from an oral
contract he had with Dr. Casasola
which was later transformed into a
written contract between him and
4XLUDQWH¶VKHLUV+RZHYHUWKHUHLV
still a pending appeal filed by
3+,/$0*(1UHJDUGLQJ57&¶6
decision.
Tanhueco vs. De Dumo (1989) $WW\'H'XPR¶VVHUYLFHVZHUH Money collected by an attorney on
contracted by Tanhueco in order for a judgment rendered in favour of
latter to collect from different his clients constitutes trust funds
debtors. One of the debtors paid and must be immediately paid over
P12,500.00 but De Dumo withheld to the client. The fact that lawyer
and refused to deliver the money. has a lien for fees on moneys in his
He even denied receiving payment hands collected for his client
from any of the debtors according GRHVQ¶WUHOLHYHKLPRIKLVGXW\WR
to Tanhueco. In his defense, De promptly account for moneys
'XPRVWDWHGWKHKHGLGQ¶WWXUQRYHU received;; his failure to do so
the P12,000.00 because he applied constitutes professional
LWDVDWWRUQH\¶VIHHVDIWHU7DQKXHFR misconduct.
refused to pay him.
Albano vs. Coloma (1967) Atty. Coloma, after doing her best Any counsel worthy of his hire is
to expedite the hearing of the Civil entitled to be fully recompensed for
FDVHRISHWLWLRQHUDQGWKHODWWHU¶V his services.
mother and even getting a
favourable judgment for it, was
denied of her contingent fee.
Petitioners even alleged that Atty.
Coloma was negligent in her duties
to the point that they needed to hire
a new lawyer.
Metropolitan Bank vs. CA (1990) Respondent firm handled the civil A charging lien to be enforceable
cases of petitioner. One of which as security for the payment of
involves a foreclosed mortgage DWWRUQH\¶VIHHVUHTXLUHVDVD
wherein Metropolitan Bank was condition sine qua non a judgment
able to acquire a 10 hectare land. for money and execution in
Such land was later sold to its pursuance of such judgment
sister corporation, then resold to secured in the main action by the
Herby Commercial. Herby attorney in favor of his client. In the
Commercial later mortgaged said case at bar, the civil cases were
land to Banco de Oro. As a dismissed upon the initiative of the
consequence of the transfer of plaintiffs. The dismissal order
lands to other corporations, neither provided for any money
petitioner bank filed a motion for judgment nor made any monetary
substitution of party. Private award to any litigant. Private
respondent filed a motion to enter UHVSRQGHQW¶VFKDUJLQJOLHQLV
its charging lien equivalent to 25% without basis. It is flawed by the
of the actual and current market fact that there is nothing to
values of the litigated properties as generate it.
LWVDWWRUQH\¶VIHHV
Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
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(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.

x Where there is a valid written contract fixing the fees which a lawyer will receive, the contract is
conclusive as to the amount of compensation. Once the lawyer has performed the task assigned in the
agreement, his compensation shall be determined on the agreement and not on quantum meruit basis.
Unless both attorney and client expressly or impliedly set aside the contract and submit the question of
reasonableness of the amount of fees for the court to resolve on a quantum meruit basis, neither client
or lawyer may disregard the amount in the agreement.
x Quantum meruit ± as much as a lawyer deserves;; a device to prevent unjust enrichment.
x 7KH&RXUWZLOOIL[DWWRUQH\¶VIHHVRQTXDQWXPPHUXLWZKHQ
o The agreement as to counsel fees is invalid for some reason other than the illegality of the
object of performance
If the invalidity is due to mere formal defect in its execution, the lawyer may recover
the reasonable value of his services on a quantum meruit basis.
o The amount stipulated in the contract is unconscionable
o No agreement as to fees exists between the parties
o The client rejects the amount fixed in the contract as unconscionable and is found to be so
o Some act or event has precluded the lawyer from concluding the litigation without fault on his
part
x Factors taken into account in fixing the reasonable vDOXHRIWKHDWWRUQH\¶VIHHV
o Quantity and character of services rendered
Services should be measured and considered as a whole.
Time of employed not a sufficient basis in itself;; one should look at the length of
employment which runs for years because a client should compensate his lawyer for
deprived of the chance to earn legal fees from others by reason of his employment as
his counsel.
o Labor , time and trouble involved
o Nature and importance of the litigation
o Responsibility imposed
o Amount of money or value of property affected by the controversy
In a million peso litigation, the percentage fee contingent upon recover becomes
smaller as the amount of recover gets bigger. The inverse proportion rule rests on the
assumption that the amount of work required remains the same even though the
interest in controversy exceeds several million pesos.
o Skill and experience called for in the performance of the service
o Professional character and social standing of the lawyer
o Novelty and difficulty of the questions involved
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o Customary charges of the bar for similar services

o Character of employment, whether casual or established client
o Results secured
)DLOXUHRIDODZ\HUWRJHWWKHFOLHQW¶VSUHIHUUHGUHVXOWVGRHVQRWGHSULYHKLPRIWKH
right to recover compensation for his services.
o Whether or not the fee is contingent
A lawyer may properly charge a higher fee for his services when the fee is contingent
than when it is absolute. An absolute fee agreement entitles a lawyer to get paid for
his efforts regardless of the outcome of the litigation. On the other hand, a lawyer
whose fee is contingent assumes the risk of not getting paid for his services;; he may
not even get reimbursement for advances of litigation expenses if the client is poor.
x The legislature in the exercise of its police power, may prescribe the limit of the amount of the
DWWRUQH\¶VIHHVZKLFKDODZ\HUPD\FKDUJHWKHFOLHQW6XFKODZLVVXEMHFWWRVWULFWLQWHUSUHWDWLRQ

CASE LAW

Roxas vs. De Zuzuarregui (2006) The NHA filed expropriation 7KHFRXUWPD\UHGXFHDWWRUQH\¶V
proceedings against the fees if these are excessive and
Zuzuarreguis for parcels of land in unconscionable (Sec. 24, Rule 138
Antipolo. The Zuzuarreguis Rules of Court)
engaged the legal services of Attys.
Roxas and Pastor. They agreed
that 30% of the total compensation
ZRXOGEHDWWRUQH\¶VIHHV7KHWRWDO
amount received by the lawyers
from NHA equated to 44% of the
just compensation paid.
Masmud vs. NLRC (2006) Evangelina Masmud filed a Art. 111 deals with extraordinary
complaint against her late FRQFHSWRIDWWRUQH\¶VIHHV
husbDQG¶V$OH[DQGHUIRUPHU regulating the amount recoverable
HPSOR\HUEHFDXVHLWGLGQ¶WSD\ DVDWWRUQH\¶VIHHVLQWKHQDWXUHRI
benefits to which his husband is damages. It may not be used as
entitled. Atty. Go is the counsel of the standard in fixing the amount
the late husband. Alexander agreed payable to the lawyer for the legal
WRKDYHKLVDWWRUQH\¶VIHHVSDLGRQ services he rendered.
a contingent basis. The agreement
of the parties would entitle Atty. Go
to 39% of the total monetary award.
The issue in this case deals with
whether the said contingent fee
violates of Art. 111 of the Labor
Code which states that in case of
unlawful withholding of wages, the
culpable party may be assessed
attorne\¶VIHHVHTXLYDOHQWWR
percent of the amount of the wages
recovered.

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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.

AGPALO NOTES
x This rule makes it improper for a lawyer to receive compensation for merely recommending another
lawyer to his client. It is only when, in addition to the referral, he performs legal service or assumes
responsibility in the case that he will be entitled a fee.
CASE LAW

Urban Bank vs. Pena (2001) Urban Bank bought a land from Without evidence that a lawyer
Isabela Sugar Company (ISC) but induced another through deceitful
gave the condition that all means to issue a letter of authority
occupants must be evicted. ISC for the purpose of evicting illegal
WKHQHQJDJHG$WW\3HQD¶VVHUYLFHV occupants, it cannot be held that
to implement the condition, which lawyer is guilty of deceit,
Pena executed by having with him malpractice and gross misconduct
a letter of authority issued by Urban even if the same letter was used to
Bank. Pena was able to demand for compensation.
successfully evict the occupants of
the property and then filed a
collection suit against the Bank.
The bank however filed a case for
disbarment claiming that Pena
because he used the same letter of
authority that authorized him to
take possession of property in
claiming for compensation.

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.
Rules of Court, Rule 138, Sec. 20. Duties of attorneys. - It is the duty of an attorney:
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his
client, and to accept no compensation in connection with his client's business except from him or with
his knowledge and approval;;

x 7KHUXOHLVGHVLJQHGWRVHFXUHWKHODZ\HU¶VZKROHKHDUWHGILGHOLW\WRWKHFOLHQW¶VFDXVHDQGWR
prevent that situation in which the receipt by him a rebate or commission from another in connection
ZLWKWKHFOLHQW¶VFDXVHPD\LQWHUIHUHZLWKWKHIXOOGLVFKDUJHRIKLVGXW\WRKLVFOLHQW
x Whatever the lawyer receives from the opposing party in the service of his client, belongs to the
client.
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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.
Rules of Court, Rule 138, Sec. 24. Compensation of attorneys;; agreement as to fees.
An attorney shall be entitled to have and recover from his client no more than a reasonable
compensation for his services, with a view to the importance of the subject matter of the
controversy, the extent of the services rendered, and the professional standing of the attorney.
No court shall be bound by the opinion of attorneys as expert witnesses as to the proper
compensation, but may disregard such testimony and base its conclusion on its own
professional knowledge. A written contract for services shall control the amount to be paid
therefor unless found by the court to be unconscionable or unreasonable.
Rules of Court, Rule 138, Sec. 32. Compensation for attorneys de oficio.
Subject to availability of funds as may be provided by law the court may, in its discretion, order
an attorney employed as counsel de oficio to be compensated in such sum as the court may fix
in accordance with section 24 of this rule. Whenever such compensation is allowed, it shall not
be less than thirty pesos (P30.00) in any case, nor more than the following amounts: (1) Fifty
pesos (P50.00) in light felonies;; (2) One hundred pesos (P100.00) in less grave felonies;; (3) Two
hundred pesos (P200.00) in grave felonies other than capital offenses;; (4) Five hundred pesos
(P500.00) in capital offenses.
AGPALO NOTES
x A lawyer may take judicial action to protect his right to fees either in the main action where his
services were rendered or in an independent civil suit against his client.
CASE LAW

Corpus vs. CA (1980) The absence of an express
Petitioner Corpus, director of the FRQWUDFWIRUDWWRUQH\¶VIHHVLVQR
Central Bank Export Department, argument against its payment. The
was charged administratively and SD\PHQWRIDWWRUQH\¶VIHHVPD\EH
was suspended. After the justified by virtue of the innominate
investigating committee found the contract of facio ut des (I do and
administrative charges to be you give which is based on the
without merit, they recommend the principle that "no one shall unjustly
reinstatement of petitioner Corpus. enrich himself at the expense of
The Governor of the Central Bank DQRWKHU´3HWLWLRQHU¶VDFWRIJLYLQJ
disapproved of the the 2k check through his letter to
recommendation and instead UHVSRQGHQWLQGLFDWHVSHWLWLRQHU¶V
UHFRPPHQGHG&RUSXV¶UHVLJQDWLRQ FRPPLWPHQWWRSD\DWWRUQH\¶VIHHV
Corpus sued the Governor of the which is stressed by expressing a
CB. Corpus replaced his initial promise to pay more upon his
counsel with respondent Atty. reinstatement and payment of his
David. Atty. David got a favorable back salaries.
decision from the court. Corpus
gave him a 2k check as his fees.
David declined and told Corpus to
pay him when he gets his back
wages from his reinstatement. After
another decision reinstating
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&RUSXV'DYLG¶VODZILUPFKDUJHV
for the fees. Corpus declines as
there has been no contract
between him and David.

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CANON 21 ± A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF
HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED
Rules of Court, Rule 138, Sec. 20. Duties of attorneys. - It is the duty of an attorney:
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his
client, and to accept no compensation in connection with his client's business except from him or with
his knowledge and approval;;

Rule 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;;
(b) When required by law;;
(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial
action.

AGPALO NOTES
x This rule also applies to matters disclosed to the lawyer by a prospective client.
x $ODZ\HUPD\QRWGLVFORVHRUUHYHDODQ\LQIRUPDWLRQFRQFHUQLQJWKHFOLHQW¶VFDVHZKLFKKH
acquired from the client in confidence, other than what may be necessary to prosecute or defend his
FOLHQW¶VFDXVH
x An opposing counsel in a case, who knows that a third person illegal acquired knowledge or
possession of privileged communication of the other party, may not property call such third persons to
testify as to what the latter learned. The fact that the testimony of the third person is admissible in
HYLGHQFHGRHVQRWUHQGHUWKHDGYHUVHFRXQVHO¶VFRQGXFWOHVVXQHWKLFDO
x A lawyer who acquired confidential communications from a corporate client concerning past
wrongful acts of its corporate officers may disclose them to its directors but to others except to prevent
the commission of fraud or to defend himself against unjust charges.
x Art. 209, RPC ± punishes a lawyer who by any malicious breach of professional duty or
inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter
learned by him in his professional capacity. A prosecution for violation of this provision is distinct from
the disbarment proceedings against an erring lawyer.
x &OLHQW¶VZDLYHURUSULYLOHJH2QO\WKHFOLHQWPD\ZDLYHWKHSULYLOHJH7KHRQO\LQVWDQFHZKHUHZDLYHU
of the client alone is insufficient is when the person to be examined with reference to any privileged
FRPPXQLFDWLRQLVWKHDWWRUQH\¶VVHFUHWDU\VWHQRJUDSKHURUFOHUNLQUHVSHFWWRZKLFKWKHFRQVHQWWRRRI
the attorney is necessary.
o A client may waive the protection of the privilege either personally or through his attorney.
o The waiver cannot be made partially. A waiver in part is a waiver in whole.
x The privileged relation of attorney and client exists only for lawful and honest purposes. It cannot
be used as shield against wrongdoing nor can it be employed as excuse to deny a lawyer the right to
protect himself against abuse by the client or false charges by third persons.
x The privileged communication between attorney and client may be a shield of defense as to crimes
already committed. However, the privilege cannot be used as a weapon of offense to enable a person to
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carry out a contemplated crime. A person who is committing a crime or is about to commit a wrong can
have no privileged witness.
x While a communication relating to fraud already committed is privileged, a communication seeking
advice as to the commission of a fraud or the establishment of a false claim is an exception to the
privilege.
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.
AGPALO NOTES
x 7KHXVHE\DODZ\HURIWKHFOLHQW¶VLQIRUPDWLRQRUVHFUHWWRWKHFOLHQWGLVDGYDQWDJHRUWRWKH
advantage of the lawyer or a third person without the client/s consent is more reprehensible as it strikes
deeply against the attorney-client relationship.
x $ODZ\HUEHFRPHVIDPLOLDUZLWKDOOWKHIDFWVFRQQHFWHGZLWKKLVFOLHQW¶VFDVHKHOHDUQVERWKVWURQJ
and weak points of the action. Such knowledge is to guided with care.
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.
AGPALO NOTES
x The work product of a lawyer such as his effort, research, and thought, and the records of his
client, contained in his files are privileged matters.
x Neither the lawyer nor, after his death, his heir or legal representative may properly disclose the
FRQWHQWVRIVXFKILOHFDELQHWZLWKRXWWKHFOLHQW¶VSHUPLVVLRQ
x The purchase of the goodwill of a deceased attorney by another lawyer may likely involve a
violation of such rule.
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.
AGPALO NOTES
x The rule is that the professional employment of a law firm is equivalent to the retainer of the
members thereof even though only one of them is consulted;; conversely, the employment of one
member of a law firm is generally considered as employment of the law firm.

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.
AGPALO NOTES
x In the discharge of his professional duties to a client, a lawyer may avail of the clerical aids of
secretaries, stenographers, or clerks as well as the expertise of accountants, physicians, engineers, or
WHFKQLFLDQV7KHFOLHQW¶VVHFUHWVOHDUQHGE\WKHVHSHUVRQVLQWKHSHUIRUPDQFHRIWKHLUVHUYLFHVWRWKH
ODZ\HURUWRWKHODWWHU¶VFOLHQWDQGWKHUHSRUWVRIWKHVHSHUVRQVRUH[SHUWVDUHSULYLOHJHGFRPPXQLFDWLRQ
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Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of
his family.
AGPALO NOTES
x Indiscreet conversation can result in prejudice to the client and will lessen the respect due to the
legal profession.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid
possible conflict of interest.
AGPALO NOTES
x The rule on privileged communication applies to matters disclosed to a lawyer by a prospective
client. The disclosure and the laZ\HU¶VRSLQLRQFUHDWHDQDWWRUQH\-client relationship even the though the
lawyer does not eventually accept the employment.
x In conferring with a prospective client, the lawyer should ascertain as soon as practicable whether
the matter would involve a conflict of interest with his other client or with his own, and if so, he should
forthwith inform the prospective client that he cannot accept the employment on such ground.
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CANON 22 ± A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD

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

AGPALO NOTES
x Although a lawyer may decline to accept a case except when designated as a counsel de oficio
and although his client may dismiss him at any time, he lacks the unqualified right to withdraw once he
has taken on the case.
x A lawyer may retire at any time and from any action or special proceeding with the written consent
of his client filed in court and a copy served on the opposing party. If no new counsel entered in the
appearance of the client, the court may hold that the withdrawal of the lawyer be held in abeyance until
another lawyer shall have appeared for the client.
x If an attorney discovers that his client has no cause and is nonetheless determined to continue it,
he should likewise withdraw from the action.
x A lawyer who desires to retire from an action without the written consent of his client must file a
petition for withdrawal in court.
x A contract of professional employment terminates upon death of the attorney. The personal
representative of the deceased attorney has not right to assign pending cases to another lawyer of his
choice as the matter is for the client to decide.
x A lawyer who accepts a public office ceases, by operation of law, to engage in private law practice
and becomes disqualified from continuing to represent a client in those cases which the law prohibits
him from doing so or requires his entire time to be at the disposal of the government.
x Change of counsel may also be effected through substitution. Proper substitution requires:
o Written application for substitution
o Written consent of the client
o Written consent of the attorney to be substituted
o In case written consent cannot be secured, there must be filed with the application proof of
service of notice of the application upon the attorney to be substituted.
CASE LAW

Domingo vs. Aquino (1971) Atty. Unson ceased as counsel for 2-3 VHQWHQFHVRIFRXUW¶V
the estate and for the former explanation <AN, 11>
administrator when the intestate
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court granted his motion to

withdraw as counsel by virtue of his
appointment as Assistant
Administrator of the Sugar Quota
Administration. Unson is still the
counsel for his clients, since he
never filed any withdrawal as such
counsel. When the intestate court
granted his motion to withdraw as
counsel, this was true only insofar
as the case in the intestate court
was concerned. He continued on
record in the appellate court as
counsel for the estate as appellant
therein and did not file therein any
withdrawal as counsel and neither
did the petitioner inform said court
of any change of counsel. (petition
dismissed)
Montano vs. IBP (2001) Although he may withdraw his
services when the client
deliberately fails to pay the fees for
the services, under the
circumstances of the present case,
$WW\'HDOFD¶VZLWKGUDZDODQG
returning the case folder to his
FOLHQWVVLQFHWKH\³GLGQ¶WIXOILOOZLWK
WKHLUSURPLVH´ZDVXQMXVWLILHGDV
complainant Montano did not
deliberately fail to pay him the
DWWRUQH\¶VIHHV+LVFRQWHPSWXRXV
conduct does not speak well of a
member of the bar considering that
the amount owing to him was only
P3,500.00. (reprimanded)

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.
AGPALO NOTES
x 7KLVUXOHLVGHVLJQHGWRLQVXUHSD\PHQWRIWKHODZ\HU¶VSURIHVVLRQDOIHHVDQGWKHUHLPEXUVHPHQWRI
his lawful disbursements in keeping with his dignity as an office of the court.
Retaining lien ± right of an attorney to retain the funds, documents and papers of his client which have
lawfully come into his possession until his lawful fees and disbursements have been paid and to apply such
funds to the satisfaction thereof. Dependent upon and takes effect from the time of lawful possession.
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o $ODZ\HUPD\DSSO\VRPXFKRIWKHFOLHQW¶VILQGVLQKLVSRVVHVVLRQWRVDWLVI\KLVODZIXOIHHVDQG
disbursements, giving notice promptly thereafter to his client.
x Requisites of a retaining lien
o Attorney-client relationship
o /DZIXOSRVVHVVLRQE\WKHODZ\HURIWKHFOLHQW¶VIXQGVGRFXPHQWVDQGSDSHUVLQKLV
professional capacity
o 8QVDWLVILHGFODLPIRUDWWRUQH\¶VIHHVRUGLVEXUVHPHQWs
x Property to which lien attaches: All property, books, documents or securities of the client that
lawfully come to the lawyer professionally or in the course of his professional employment, not
necessarily in connection with a particular case but any case or matter handled for the client.
x :KHQOLHQDWWDFKHV7KHPRPHQWWKHDWWRUQH\ODZIXOO\REWDLQVDQGUHWDLQVSRVVHVVLRQRIWKHFOLHQW¶V
SURSHUW\HWF7KHODZ\HU¶VSRVLWLRQLVVLPLODUWRWKDWRIFUHGLWRUZKRKROGVDQDWWDFKPHQWOLHQRYHUWKH
property, and the client-debtor must discharge the lien before he can dispose of the property to third
persons.
x The retaining lien, once it has lawfully attached to the properties, etc is uncontestable and the court
may not compel the attorney to surrender them without prior proof that his fees and disbursements have
EHHQVDWLVILHG+RZHYHUWKHFRXUWPD\UHTXLUHWKHVXUUHQGHURIWKHSURSHUWLHVHWFXSRQWKHFOLHQW¶V
SRVWLQJRIDQDGHTXDWHERQGRUVHFXULW\WRJXDUDQWHHSD\PHQWRIWKHODZ\HU¶VIHHV
x Extinguishment of retaining lien: When possession lawfully ends, as when the lawyer voluntarily
parts with the funds, documents and papers of his client or offers them in evidence in court.
Charging lien ± right which the attorney has upon all judgments for the payment of money and executions
issued in pursuance thereof, secured in favour of the client.
x An abstract an potential right until it is made active and operative by recording a statement of claim
in the case and serving notice thereof upon the client and the adverse party. The charging lien is based
on the natural equity that a client should not be allowed to appropriate the whole of a judgment in his
favour without paying the services of his counsel in obtaining or helping obtain such judgment.
x A charging lien is a special lien. It is a charge upon the thing which is protected in equity.
x It is not of a nature which attaches to the property in litigation but at most a personal claim
enforceable by a writ of execution.
x It is limited only to money judgments.
x Requisites:
o Attorney-client relationship
o Attorney has rendered services
o Money judgment favourable to the client has been secured in the action
o $WWRUQH\KDVDFODLPIRUDWWRUQH\¶VIHHVRUDGYDQFHV
o Statement of his claim has been duly recorded in the case with notice thereof served upon the
client and the adverse party.
x Recordal and notice of lien: The lien takes effect from and after the time the attorney has caused a
notice of his lien to be duly entered in the record of the case. To be valid, the recordal should be
effected while the court has jurisdiction over the case and before full satisfaction of the judgment.
x To what charging lien attaches: Judgment for the payment of money and the executions issued in
pursuance of such judgment;; proceeds of the judgment in favour of the client;; proceeds of a
compromise settlement. The charging lien does not attach to property or land in litigation.
x A charging lien presupposes that favourable judgment has been obtained for the client. The
attorney for the losing party in a suit cannot obtain a charging lien.
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x Effects: Partakes of the nature of a collateral security or a lien on real or personal property. The lien
gives the lawyer the right to collect, in payment of his professional fees and disbursements, a certain
amount from out of the judgement or award rendered in favour of his client. The lien may be enforced by
execution against any person who holds the proceeds of the judgment except as against a purchaser in
good faith.
x 7KHFOLHQWFDQQRWGHIHDWWKHDWWRUQH\¶VULJKWWRWKHFKDUJLQg lien by dismissing the case, terminating
the services of his counsel, waiving his cause or interest in favour of the adverse party or compromising
his action.
x A retaining lien is a general lien for the balance of the account due to the attorney from his client for
services rendered in all matters which he may have handled for the client, regardless of their outcome.
A charging lien is a special lien in a particular case and presupposes that a favourable judgment has
been secured for the client in that case. It gives the attorney who secured or contributed some effort
secure the favourable judgment the same right and power as his client over such judgments and
executions to enforce his lien and secure payment of his fees and disbursements.

CASE LAW

Obano vs. Figueras (2000) Representation continues until the
court dispenses with the services of
the counsel. Eduardo did not
dismiss Atty. Yuseco. Besides, at
the discretion of the court, the
counsel already dismissed by the
client is allowed to intervene in the
case in order to protect the rights of
the client (tricked into signing the
PRWLRQWRGLVPLVVKLVFRXQVHO¶V
service, in consideration for a
compromise agreement).

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SPECIFIC RULES OF PRACTICE

2004 Rules on Notarial Practice
CASE LAW
TITLE <Bold, AN, 11> QUICK FACTS DOCTRINE

Spouses Santuyo vs. Hidalgo Atty. Hidalgo (notary public) should
(2005) not have entrusted everything to
<Bold, AN, 11> the secretaries, even his signature,
which is all that's left for him to do.
³WHUURUMXGJHŃH\ZRUGV$1! Otherwise, he should not have
been commissioned as notary
public. He is negligent in allowing
his secretaries to make the
necessary entries in his notarial
registry which should be done and
kept by him alone and not relied on
somebody else. Notaries public
must observe with utmost care and
utmost fidelity the basic
requirements in the performance of
their duties, otherwise, the
confidence of the public in the
integrity of notarized deeds will be
undermined. (suspended for 2
years if commissioned;; if not,
disqualified for 2 years with
warning)
Sicat vs. Ariola (2005) $WW\$ULROD¶VDFWRIQRWDUL]LQJD Notarization is not an empty,
document, fully aware that the party meaningless and routinary act.
is dead, amounts to fraud, deceit Lawyers commissioned as notaries
and falsehood. Ariola lied and public should not authenticate
intentionally perpetuated an documents unless the persons who
untruthful statement. signed them are the very same
persons who executed them and
personally appeared before them to
attest to the contents and truth of
what are stated therein. (disbarred)
Mondejar vs. Rubia (2006) Atty. Rubia notarized a forged
memorandum in 2001, but made a
new/revised agreement in 2002. He
had known of the mistake, and
instructed her secretary to correct
it, but due to the workload such
task was neglected and only
rediscovered later. She also
retained the original January 9,
2001 date of the document since
WKH³GRFXPHQWVZKLFK>VKH@
QRWDUL]HGIRUWKH\HDU´ZHUH
not yet submitted as her notarial
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commission was to expire yet on

the last day of December 2002.
The memo was clearly ante-dated
in order to exculpate Marilyn from
the Anti-Dummy charge against her
in 2002. The earlier document had
a number which was higher than
the later agreement, and also failed
to submit notarized documents on
time. (suspended for 1 month)
Lee vs. Tambago (2008) Atty. Tambago violated the Notarial
Law for notarizing a spurious last
will and testament. The will was
attested only by 2 witnesses and is
therefore void;; their notation of
residence certificates were likewise
absent, and the notation used was
the old residence certificate of the
testator. A photocopy of
UHVSRQGHQW¶VQRWDULDOUHJLVWHUZDV
also not admissible as evidence of
the entry of the execution of the
will, for failed to comply with the
requirements for the admissibility of
secondary evidence. (suspended
for 1 year, notarial commission
revoked and perpetually
disqualified thereto)
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THE NEW CODE OF JUDICIAL CONDUCT

CANON 1- INDEPENDENCE
Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fairtrial. A judge
shall therefore uphold and exemplify judicial independence in both its individual andinstitutional aspects.

SECTION 1. Judges shall exercise the judicial function independently on the basis of theirassessment of
the facts and in accordance with a conscientious understanding of the law, free of anyextraneous
influence, inducement, pressure, threat or interference, direct or indirect, from any quarteror for any
reason.
SEC. 2. In performing judicial duties, Judges shall be independent from judicial colleagues inrespect of
decisions which the judge is obliged to make independently.
SEC. 3. Judges shall refrain from influencing in any manner the outcome of litigation or disputepending
before another court or administrative agency.
SEC. 4. Judges shall not allow family, social, or other relationships to influence judicial conductor
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
toinfluence the judge.
SEC. 5. Judges shall not only be free from inappropriate connections with, and influence by,
theexecutive and legislative branches of government, but must also appear to be free therefrom to
areasonable observer.
SEC. 6. Judges shall be independent in relation to society in general and in relation to theparticular
parties to a dispute which he or she has to adjudicate.
SEC. 7. Judges shall encourage and uphold safeguards for the discharge of judicial duties inorder to
maintain and enhance the institutional and operational independence of the judiciary.
SEC. 8. Judges shall exhibit and promote high standards of judicial conduct in order to reinforcepublic
confidence in the judiciary which is fundamental to the maintenance of judicial independence
Notes:
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x This new Canon 1 differs from the Canon 1 of the previous judicial conduct in three ways: first, this
canon focuses on the institutional and personal independence of judicial officers, the old canon focuses
only on institutional independence. Second, the new code contains eight norms of conduct which
judges shall follow, the old code only contained three guidelines to follow. Third (primary difference),
independence is treated as a single canon while the old code mentioned independence and integrity in
one canon.
Section 1- Individual assessment of cases
x Judges should reject pressure coming from different people. Common sources of pressure are family
PHPEHUVJRYHUQPHQWRIILFLDOVZKRKHOSHGLQWKHMXGJH¶VDSSRLQWPHQWWKHPHGLDIULHQGVHWF
x Judges must ignore public opinion. They should disregard editorial, TV and radio commentaries on
cases pending before them.
x Once a judge gives in to pressure surrounding him, he is deemed to have lost his independence and is
considered unworthy of the position.
x Judges who succumb to pressure and, as a result, knowingly ignore proven facts or misapply the law
inrendering a decision commit corruption.
Section 2- Independent from judicial colleagues
x 7KLVVHFWLRQIRFXVHVVSHFLILFDOO\RQWKHLQIOXHQFHRUSUHVVXUHZLHOGHGE\WKHMXGJHV¶FROOHDJXHVRU
contemporaries.
Section 3- Refrain from influencing cases pending before another court or agency
x This section is required as compliance with the duty to respect the independence not only of fellow
judges but of the judiciary as a whole.
x This section is intended to address unethical practices among judges- JLYLQJµIDYRUV¶WRRQHDQRWKHU
x However, if the consultation is purely on an academic or hypotheticalbasis, and the judge does not
surrender his or her independent decision making, there can be no breachof Sections 2 and 3 of the
Code.
Section 4- Do not allow personal relationships to influence judgment
x 7KHPDLQWHQDQFHRIIULHQGVKLSVDQGµSDNLNLVDPD¶GRHVQRWMXVWLI\WKHJUDQWLQJRIIDYRUVXVLQJMXGLFLDO
power.
x Judges must always guard against the probability that these people can be potential influencepeddlers,
trying to sell to others whatever perceived influence or closeness to a judge they may claimto have.
x A judge shouldensure that his family members, friends and associates refrain from creating the
impression that theyare in a position to influence the judge.
x Note: when a judge is related to one of the parties within the sixth degree of consanguinity or affinity, his
disqualification is mandatory.
Section 5- Avoidance of inappropriate connections
x Whether or not congenial relationshipsare used for corruptends, it would be advisable for judges to
avoid becomingdependent on other parties.
Section 6- ,QGHSHQGHQFHIURP³VRFLDOUHODWLRQV´
x A judge should refrain from all relations which would arouse the suspicion that such relations affect his
judgment.
x Judges should not fraternize with litigants and their counsel.
Section 7 and 8- Maintenance and enhancement of judicial independence
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xThese sections serve as catch-all provisions for all other act which guaranty judicial independence but
may not have been covered by the other sections in this canon.
CASE LAW

LIBARIOS v DABALOS (1991) As a former employee of the said
Judge approved the release of accused, the judge should have
³PXUGHULQVLGHWKHFRXUWURRP´ accused upon bail without a refrained from fixing the bail of said
hearing. accused and from concluding that
the evidence against him was
Dispositive: Judge is imposed a merely "circumstantial", in order to
fine of P20,000. avoid any doubt as to his judicial
impartiality.Respondent judge
should have waited for the raffle of
the case and allowed the judge to
whom the case was actually raffled
to resolve the issue of fixing the bail
of said accused, if he was bailable.
TAN v ROSETE (2004) 0D\RU¶VVHFUHWDU\WROG7DQWRJLYH Judges are expected to adhere to
P50, 000 to Judge Rosete to the highest tenets of judicial
³0D\RU-LQJJR\DIULHQGRIWKH expedite the case. conduct. They must be the
judge;; 2 unsigned resolutiRQV³ embodiment of competence,
The clerk showed Tan 2 unsigned integrity and independence.
resolutions of Dismissal
(unfavourable to Tan) and asked The exacting standards of conduct
for P 150,000 for each case so that demanded from judges are
the decisions would be reversed by designed to promote public
the Judge. confidence in the integrity and
impartiality of the judicial system
Judge is guilty of gross misconduct. EHFDXVHWKHSHRSOH¶VFRQILGHQFHLQ
He is suspended from duty for 4 the Judiciary is founded on the
months. highest standard of integrity and
moral uprightness they are
expected to possess.
RAMIREZ v CORPUS- Respondent Judge Corpuz- Respondent Judge admitted to
MACANDOG (1970) Macandog faces 6 separate have succumbed to pressure in
charges of various forms of deciding the case in favor of the
³KDQGZULWWHQRUGHURIDUUHVW´ misconduct in the performance of complainant. Her confessed act of
her duties. succumbing to pressure is a patent
betrayal of public trust reposed on
Held: Judge Corpuz-Macandog is her as arbiter of the law.
dismissed from service with
forfeiture of all retirement benefits
and with prejudice to reinstatement
in any branch of government.

CANON 2- INTEGRITY

Integrity is essential not only to the proper discharge of the judicial office but also to thepersonal demeanor of
judges.
SECTION 1. Judges shall ensure that not only is their conduct above reproach, but that it isperceived to
be so in the view of a reasonable observer.
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6(&7KHEHKDYLRUDQGFRQGXFWRIMXGJHVPXVWUHDIILUPWKHSHRSOH·VIDLWKLQWKHLQWHJULW\RIWKH
judiciary. Justice must not merely be done but must also be seen to be done.
SEC. 3. Judges should take or initiate appropriate disciplinary measures against lawyers or
courtpersonnel for unprofessional conduct of which the judge may have become aware.
Notes:
x This canon emphasizes the need for judges to maintain a life of personal and professional integrity in
order to properly carry out their judicial functions.
Section 1- Public perception in the maintenance of judicial integrity
x Judges have been disciplined for conduct that reflects negatively on ortaints the integrity of the judiciary
as a whole.
x Integrity is the underlying requirement for all other virtues required of a judge.
Section 2- 3XEOLFFRQILGHQFHLQWKHMXGLFLDU\¶VLQWHJULW\
x The people's confidence in the judicial system is founded not only on the competence anddiligence of
the members of the bench, but also on their integrity and moral uprightness.
x Judges should act and behave in sucha manner that the parties beforethem should have confidence in
their impartiality.
x Judges must not only render just, correct and impartial decisions, but must do so in a mannerfree of any
suspicion as to their fairness, impartiality and integrity.
Section 3- -XGJHV¶LQLWLDWLYHWRHQIRUFHGLVFLSOLQDU\PHDVXUHVDJDLQVWFRXUWSHUVRQQHO
xJudges should not be lenient in in the administrative supervision of their employees.
xA judge must ensure that all court personnel perform efficiently and promptly in the administration of
justice.
CASE LAW

IN RE COMPLAINT OF MRS. Mrs. Marcos wrote a letter to SC The personal behavior of a judge
MARCOS AGAINT JUDGE F. that they have only been receiving
should be free from the appearance
MARCOS (2001) a minimal amount which was of impropriety, and his personal
insufficient for their education and
behavior, not only in the bench and
³MXGJHLQDIXQUXQZLWKPLVWUHVV´ for their sustenance ever since his
in the performance of judicial
husband was appointed as Judge. duties, but also in his everyday life,
She accused him of having a should be beyond reproach. The
mistress. conduct of a judge must be free of
a whiff of impropriety not only with
Held: Judge is dismissed from respect to his performance of his
service judicial duties, but also to his
behavior outside his sala and as a
private individual. There is no
dichotomy of morality: a public
official is also judged by his private
morals.
DELA CRUZ v BERSAMIRA The Respondent Judge is presiding ,WLVSDUDPRXQWWKDWDMXGJH¶V
(2000) over three criminal cases. The personal behavior both in the
complaint accuses the respondent performance of his duties and his
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³VRFLDOL]LQJZLWKWKH judge in daily life, be free from the

congresswoman-mother of (1)Socializing in restaurants with appearance of impropriety as to be
DFFXVHG³ Congressman Agana, mother of the beyond reproach.
accused.
(2)Issuing unreasonable
postponements
(3)Allowing two accused to submit
to a drug test to postpone the trial.
RE LETTER OF PRES. JUSTICE [nakakabaliw na kaso!]
CONRADO M. VASQUEZ (2008) Justice Roxas prepared a decision
even before the parties submitted
³0HUDOFRFDVHWRRPDQ\FDVWRI their memoranda.
FKDUDFWHUV´
IN RE UNDATED LETTER OF MR. Louis Biraogo, petitioner in the Any release of a copy to the public,
LUIS BIRAOGO (2009) Limkaichong cases held a press or to the parties, of an
conference and circulated to the unpromulgated ponencia infringes
³JLOEHUWFRS\´ media an undated letter signed by on the confidential internal
him together with a Xerox copy of deliberations of the Court. A frank
the unpromulgated ponencia of exchange of exploratory ideas and
Justice Ruben Reyes. assessments, free from the glare of
publicity and pressure by interested
parties, is essential to protect the
independence of decision-making
of those tasked to exercise judicial
power.

CANON 3- IMPARTIALITY

Impartiality is essential to the proper discharge of the judicial office. It applies not only to thedecision itself but
also to the process by which the decision is made.
SECTION 1. Judges shall perform their judicial duties without favor, bias or prejudice.
SEC. 2. Judges shall ensure that his or her conduct, both in and out of court, maintains andenhances the
confidence of the public, the legal profession and litigants in the impartiality of the judgeand of the
judiciary.
SEC. 3. Judges shall, so far as is reasonable, so conduct themselves as to minimize theoccasions on

which it will be necessary for them to be disqualified from hearing or deciding cases.
SEC. 4. Judges shall not knowingly, while a proceeding is before, or could come before, themmake any
comment that might reasonably be expected to affect the outcome of such proceeding orimpair the
manifest fairness of the process. Nor shall judges make any comment in public orotherwise that might
affect the fair trial of any person or issue.
SEC. 5. Judges shall disqualify themselves from participating in any proceedings in which theyare
unable to decide the matter impartially or in which it may appear to a reasonable observer that theyare
unable to decide the matter impartially. Such proceedings include, but are not limited to, instanceswhere
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(a) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed
evidentiary facts concerning the proceedings;;
(b) The judge previously served as a lawyer or was a material witness in the matter
incontroversy;;
(c) The judge, or a member of his or her family, has an economic interest in the outcomeof the
matter in controversy;;
(d) The judge served as executor, administrator, guardian, trustee or lawyer in the case ormatter
in controversy, or a former associate of the judge served as counsel duringtheir association, or
the judge or lawyer was a material witness therein;;
H7KHMXGJH·VUXOLQJLQDORZHUFRXUWLVWKHVXEMHFWRIUHYLHZ
(f) The judge is related by consanguinity or affinity to a party litigant within the sixthcivil degree
or to counsel within the fourth civil degree;; or
(g) The judge knows that his or her spouse or child has a financial interest, as heir,legatee,
creditor, fiduciary, or otherwise, in the subject matter in controversy or in aparty to the
proceeding, or any other interest that could be substantially affected bythe outcome of the
proceedings;;
SEC. 6. A judge disqualified as stated above may, instead of withdrawing from the proceeding,disclose
on the records the basis of disqualification. If, based on such disclosure, the parties andlawyers
LQGHSHQGHQWO\RIWKHMXGJH·VSDUWLFLSDWLRQDOODJUHHLQZULWLQJWKDWWKHUHDVRQIRUWKHLQKLELWLRQLV
immaterial or unsubstantial, the judge may then participate in the proceeding. Theagreement, signed by
all parties and lawyers, shall be incorporated in the record of the proceedings.
Notes:
x The administration of justice through the mediation of courts is based upon the principle of impartiality.
Section 1- Performance of duties without favor, bias or prejudice
x A judge's conduct must beclearly indicative of arbitrariness and prejudice before it can be stigmatized
as biased and partial.
x Mere allegations of bias or prejudice are not sufficient to find a violation of this section. The person
bringing the allegation must prove bias sufficient to warrant inhibition with clear and convincing
evidence.
x It is not only the duty of judges to be impartial but also to appear impartial.
Section 2- Maintenance and improvement of public confidence in the judiciary as impartial dispenser of justice
x The appearance of bias or prejudicecan be as damaging to publicconfidence and the administration of
justice as actual bias or prejudice.
x A judge should avoid appearing as an advocate for either party.
x It is improper for a judge to push actively for amicable settlement against the wishes of the complainant.
His unwelcome persistence makes him vulnerable to suspicions of favouritism.
Section 3- Conducting themselves as to minimize disqualifications from a case
x It is imperative that judges ensure that they wouldnot be unnecessarily disqualified from a case.
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x The majority view is that the rule of disqualification of judges must yield to demandsof necessity. The
rule of necessity means that a judge is notdisqualified to sit in a case if there is no other judge available
to hear and decide thecase.
Section 4- Avoidance of making comments that might affect outcome of a proceeding before them
x Judges should avoid side remarks, hasty conclusions, loose statements or gratuitousutterances that
suggest they are prejudging a case.
x Judges should be aware that the media mightconsider them a good and credible source of opinion or
ideas, and therefore should refrain frommaking any comment on a pending case.
Section 5- Voluntary disqualification
x (a) A judge whoexhibits actions which give rise, fairly or unfairly, to perceptions of bias, has nochoice
but to inhibit.
x (b) Ajudge may be disqualified if he was formerly associated with one of the parties or theircounsel.
x (c) The rule on disqualification seeks to prevent is the denial of a party of his right todue process.
x (d) A judge is automatically disqualified from sitting in a case in which the judge previouslyservedas a
lawyer. This restriction extends to judges who served as lawyers in closely relatedcases.
x (e) A judge should not handle a case in which he might be perceived, rightly or wrongly, to be
susceptible tobias and prejudice.
x (f) No judge should presidein a case in which he is not wholly free,disinterested, impartial and
independent.
x J7KLVUXOHLVLQWHQGHGWRHQVXUHMXGJHV¶LPSDUWLDOLW\E\SUHYHQWLQJVLWXDWLRQVLQZKLFKDMXGJHPXVW
consider familial interests in the conflictsbefore him or her.
Section 6- Decision to continue hearing a case despite existence of reasons for disqualification
xSteps to take: (1) abona fidedisclosure to theparties-in-litigation;; and (2) subject to express acceptance
by all the parties of the cited reason as notmaterial or substantial
x Each step must be strictly followed. Any deviation renders the waiver invalid.
CASE LAW

PEOPLE v VENERACION (1995) Accused in a case of rape with A court of law is no place for a
homicide were convicted by Judge protracted debate on the morality or
³LPSRVLWLRQRIGHDWKSHQDOW\DJDLQVW to reclusion perpetua instead of propriety of the sentence, where
MXGJH¶VSHUVRQDOEHOLHI´ mandatory death penalty. the law itself provides for the
sentence of death as a penalty in
Held: Judge committed grave specific and well-defined instances.
abuse of discretion The discomfort faced by those
forced by law to impose the death
penalty is an ancient one, but it is a
matter upon which judges have no
choice. Courts are not concerned
with the wisdom, efficacy or
morality of laws.
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
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- Related to the maintenance of integrity and promotion of confidence in the judiciary
- Before the new code, Judicial Ethical cases: decided on grounds that improper acts tended to dilute
pubic confidence in the integrity of the courts
- expands the provisions respecting the avoidance of impropriety
- prohibits not only impropriety but even the appearance of such
Æ recognizes that even acts are not per se improper can nevertheless be perceived by the larger
community as such
Community: Judges = higher standards of integrity and ethical conduct
8QLWHG6WDWHV0RGHO&RGHRI-XGLFLDO&RQGXFW¶V&RPPHQWDU\
,PSURSULHW\ZKHQ³WKHFRQGXFWZRXOGFUHDWHLQUHDVRQDEOHPLQGVDSHUFHSWLRQWKDWWKHMXGJH¶V
ability to carry out judicial responsibilities with integrity, impartiality and competence is
LPSDLUHG´
- 3KLOLSSLQHFRXUWVKDYHDOVRDFNQRZOHGJHGWKHLUUHOHYDQFHRIWKHMXGJH¶VSHUFHSWLRQRILPSURSULHW\

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 shall conduct themselves in a way that is consistent and with the dignity of the judicial office
- More are expected from judges than from ordinary citizens Æ their acts = both public and private color
WKHSXEOLF¶VSHUFHSWLRQRIWKHMXGLFLDU\DVDZKROH
- Requires judges to ensure not only that their conduct is above reproach but also that it is perceived to
be so by a reasonable observer
- Judicial officier: subject to scrutiny for both public and private conduct
- Judges are held liable for acts that, if committed by any other person would not necessarily be deemed
improper
- Dignified conduct: conduct befitting men and women possessed of temperance and respect for the law
and for others

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.
- Avoidance of impropriety = cold neutrality and impartiality

- Requires judges to scrupulously guard against any act that may be construed as an expression of bias
in favor of a litigant
- Judges should refrain from:
(a) inviting counsel for one side into their chambers after or prior to session in court without
disclosing to the other counsel the reason for such meetings
(b) being aggressive in demeanor towards a lawyer appearing before them
(c) making public comments
(d) allowing court staff to make comments on pending cases
- MXGJHVVHHQLQSXEOLFSODFHVZLWKODZ\HUV ³IUDWHUQL]LQJZLWKODZ\HUVDQGOLWLJDQWV´FRQGXFWXQEHFRPLQJ
of a judge and in violation of this canon
- judges must be careful about violating this law when distributing jobs at a court
- a judge must not hold a lawyer in contempt for an expression of concern about the impartiality of the
judge

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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.
- No judge should preside in a case in which the judge is not wholly free, disinterested, impartial and
independent
- Judge has both a duty of (a) rendering a just decision and (b) doing it in a manner completely free from
suspicion as to fairness and integrity Æ WRSUHVHUYHWKHSHRSOH¶VIDLWKDQGFRQILGHQFHLQWKHFRXUWVRI
justice
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.
- Rationale is the same as that of Section 3
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.
- They should remember that they do not disrobe themselves of their judicial office upon leaving their
salas
- They should be circumspect and ever mindful that their continuing commitment to upholding the
judiciary values places upon them certain implied restraints to their freedom
- The use of expletives is frowned upon by the SC

Section 7. Judges shall inform themselves about their personal fiduciary and financial interests and shall
make reasonable efforts to be informed about the financial interests of members of their family.
- Should be read in conjunction with Section 7 of RA 6713 which prohibits certain personal fiduciary and
financial conflicts
- Should refrain from financial and business dealings
- To avoid financial conflicts spawned by equality stock investments = invest in mutual funds because a
holder of such funds is not considered to have financial interest in the underlying stocks in fund

Section 8. Judges shall 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.
- Two parts: (1) a judge may not use judicial office to advance private interests
(2) a judge may not give the impression that he or she can be influenced to use the judicial
office to advance the private interests of others
- Common violation: to exact personal vengeance

Section 9. Confidential information acquired by judges in their judicial capacity shall not be used or
disclosed for any other purpose related to their judicial duties.
- Violations:
o When a judge releases a draft of his or her decision to a party
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o Furnishing a party copies of orders issued without passing them through the court docket
o Allowing his or her spouse to have access to court records which are confidential

Section 10. Subject to the proper performance of judicial duties, judges may:
(a) Write, lecture, teach and participate in activities concerning the law, the legal system, the
administration of justice or related matters;;
(b) Appear at a public hearing before an official body concerned with matters relating to the law,
the legal system, the administration of justice or related matters;;
- Allows the judge to participate in legal academia and public discourse on legal matters as long as there
shall EHQRLQWHUIHUHQFHLQWKHSHUIRUPDQFHRIWKHMXGJH¶VSULPDU\IXQFWLRQVZLWKUHVSHFWWRKLVRUKHU
jurisdiction
- In dealing with the media, the PJA suggests that a judge or court should avoid acrimonious debate with
reporters and the public
- 7KLVVHFWLRQ¶VWRlerance of judicially-related activities is limited by Section 12 Article VIII of the
Constitution
- Under subsection (c), a judge may not participate in private business without the written permission of
the SC
Section 11. Judges shall not practice law whilst the holder of judicial office.
x Based on the inherent incompatibility of the rights, duties and functions of the office of an attorney
with the powers, duties and functions of a judge.
x Practice of law is not confiend to services by an atty in the court of justice but also includes any
service of a legal nature rendered outside courts
x Philippine courts not only prohibit judges from overtly representing clients as counsel for record but
also from acting more subtly in a way more befitting an advocate than a judge.
x Due process requires the cold neutrality of an impartial judge
x Judges assigned to municpalities and circuits may act as notaries public provided
o $OOQRWDULDOIHHVFKDUJHGEHWRWKHJRYHUQPHQW¶VDFFRXQW
o Certification be made in the notarial documents attesting to the lack of lawyers or notary in the
municipality or circuit
Section 12. Judges may form or join associations of judes or participate in other organizations
representing the interests of judges.
x Recognizes the difference between membership in associations of judges and membership in
association of other legal professionals. While attendance at lavish events hosted by lawyers might
create an appearance of impropriety, participation in a judges-only organization does not. In fact, this is
encouraged in the US.
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.
x Read in conjuction with RA6713, which prohibits public officials from soliciting or accepting gifts.
x This constitutes serious misconduct and is also violative of the Anti-Graft Law.
Section 14. Judges shall not knowingly permit court staff or others subjects to their influnce, direction or
authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done, to be done or
omitted to be done in connection with their duties or functions
x Assures that what judge cannot do directly, may not be done indirectly through the use of
employees or staff members
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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 be reasonably perceived as intended to influence the judge in the performance of
official duties or otherwise give rise to an appearance of partiality.
x RA6713 allows the ff:

o 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
o Acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship
grant or medical treatment
o The acceptance by a public official or employee of travel grants or expenses for travel taking
place entirely outside the Philippines 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
Marcos Sr v. Arcangal (1996) Respondent attended mediation The prestige of judicial office shall
conferences between 2 not be used or lent to advance the
Disturbing mediation proceedings familiesdespite not having been private interests of others, nor
and issuing warrants asked to. He disturbed proceedings convey or permit others to convey
and used his being a judge to the impression that they are in a
influence Barangay Officials. The special position to influence the
proceedings failed and judge. Interference by members of
investigation ensued. He caused the bench in pending suits with the
the issuance of alias warrants of end in view of influencing the
arrest by requesting another judge course or the result of litigation
to issue the warrants. These does not only subvert the
DUUHVWVZRXOGQ¶WKDYHEHHQPDGH independence of the judiciary but
without his intervention. DOVRXQGHUPLQHVWKHSHRSOH¶VIDLWK
REPRIMANDED in its integrity and impartiality.
Canon 5²Equality
Ensuring equality of treatment to all before the courts is essential to the due performance of judicial
office.
x Promotes equality required by international human rights agreements (United Nations Charter and
International Bill of Rights, CEDAW), which advocate universal application of law and non-discrimination
between sexes
x People expect the courts to be unaffected by differences in social status, degree of education and
even physical abilities
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.
x Judges are expected to be aware of the diversity in society that results from an increased
worldwide exchange of people and ideas.
x First 2 articles of the Universal Declaration of Human Rights (1948) provide for equality of rights
and the prevention of discrimination. UN GA also passed Convention on the Elmination of All Forms of
Discrimination against Women (CEDAW);; The Philippines implemented these conventions in Art II Sec
11 and 14 of the Constitution
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x Judges should not yield to first impression or use derogatory language
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.
x Public confidence in the judiciary is eroded by irresponsible or improper conduct of judges
x Judges should freely and willingly accept restrictions on conduct that might be viewed as
burdensom by the ordinary citizen as he is a subject of constant public scrutiny
x They must avoid private remarks, hasty conclusions or distateful jokes that may give erroneous
impressions of prejudice
x A judge should avoid being seen in public with litgants because it may give adverse parties the
impression that the judge is partial
x A judge should scrupulously avoid actions that may lead to suspicion that social or business
relations or friendships are influencing judicial decisions
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
irrelavant ground, immaterial to the proper performance of such duties.
x As arbiters of law, judges should be conscientious, studious, courteous, patient and punctual in the
discharge of their judicial duties, recognizing that time of litigants, witnesses and counsel is of value
x In addressing litigants, witnesses and counsel, judges should avoid a controversial tone and should
be aware of undue interference, impatience and participation in the examination of witnesses
x Judges should not interrupt proceedings before another judge
x A judge can influence the outcome of a case in many ways. The judge is responsible for the
interpretation of the laws, the weighing of the testimonies and demeanor of witnesses and the
application of facts to the law pertaiing to the case
Section 4. Judges shall not knowingly permit court staff or other subject to his or her influence, direction
or control to differentiate between persons concerned in a matter before the judge on any irrelevant
ground
x Judges should organize their courts to ensure the prompt and convenient dispatch of business and
should not tolerate misconduct by clerks, sheriffs and other assistants who are prone to expect favors
x They should ensure that clerks and other personnel faithfully perform the functions assigned to
them as well as observe at all times high standards of public service and fidelity;; must act with self-
restraint and civility
x Any misbehavior is likely to reflect adversely on the administration of justice
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 legaly relevant to
an issue in proceedings and may be the subject of legitimate advocacy
x Judges should conduct proceedings in court with dignity and in a manner that reflects the
importance and seriousness of proceedings
x They have the duty to prevent lawyers from abusing witnesses with unfair treatment
x Rule 132 section 3 enumerates the rights and obligations of witnesses
o To be protected from irrelevant, improper or insulting questions and from a harsh or insulting
demeanor
o Not to be detained longer than the interests of justice requre
o Not to be examined except as to matters pertinent to the issues before the court
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o Not to give an answer which will tend to subject him to a penalty for an offense unless
otherwise provided by law
o Not to give an answer which will tend to degrade the witnHVV¶UHSXWDWLRQ
CASE LAW

Tan v. Pacuribot (2007) Sexual harrassment charges Violated Canon 1 and 2 of Code of
against judge who forced 2 Judicial Conduct. DISMISSED from
Erection fail, but rape/sexual employees of the court to have sex the service for gross misconduct
harrassment either way with him (despite his penal erection and immorality prejudicial to the
failure). best interest of the service,
Guanzon v. Rufon (2009) Judge in open court said to her: Judicial decorum requires a
³QH[t time you see your husband, magistrate to be at all times
Open your legs RSHQ\RXUDUPVDQGOHJVÍUDQN temperate in his language,
language). GUILTY. FINED. refraining from inflammatory or
excessive rhetoric or from resorting
³WRODQJXDJHRI YLOLILFDWLRQ´

Canon 6 Competence and Diligence

Competence and diligence are pre-requisites to the due performance of judicial office
x The administration of justice is a sacred task and upon assumption to office, a judge ceases to be
an ordinary mortal. He becomes the visible representation of the law and more importantly, of justice.
Hence, he must be a person of proven competence
Section 1. The judicial duties of a judge take precedence over all other activities
x An American statute mandates that a judge sit in a case unless there is reasonable question as to
WKHMXGJH¶VLPSDUWLDOLW\7KXVDMXGJHVKRXOGQ¶WUHFXVHKLPVHOIVLPSO\WRDYRLGVLWWLQJRQGLIILFXOWRU
controversial cases
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
RWKHUWDVNVUHOHYDQWWRWKHMXGLFLDORIILFHRUWKHFRXUW·VRSHUDWLRQV
x Failure to keep records or handle funds in compliance w court rules
x Excessive caseload may be defense if the caseload is due to the unusual absence of another
magistrate
Section 3. Judges shalltake 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 the training and other facilities which should be made available, under judicial control, to
judges.
x Judges are regarded as persons learned in the law and it is in part their masterful grasp of the law
that sustains public trust in their work and in the confidence of the people and the legal profession in the
administration of justice²continuous study and research on the law from beginning to end
x Under the ROC, gross ignorance of the law or procedure constitutes serious charge for which
disciplinary proceedings may be instituted by the SC against judges of regular and special courts as
well as against justices of CA and SB;; he may be dismissed if guilty
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x Judges though, are not expected to be infallible. In absence of bad faith, fraud, dishonesty, or
deliberate intent to do injustice, incorrect rulings do not constitute misconduct and may not give rise to a
charge of gross ignorance of the law
Section 4. Judges shall keep themselves informed about relevant developments of international law,
including international conventions and other instruments establishing human rights norms.
x Both customary and conventional norms of international law are part of Philippine law.
x The main legal instruments of international human rights enjoy the same status in Philippine law i.e.
United Nations Charter, the International Convenant on Civil and Political Rights
Section 5. Judges shall perform all judicial duties, including the delivery of reserved decisions,
efficiently, fairly and with reasonable promptness.
x The essence of the judicial function: Justice shall be impartially administered without unnecessary
delay
x In every case, a judicial officer shall endeavor diligently to ascertain the facts and the applicable
law unswayed by partisan interests, public opinion and fear of criticism
x Outside core judicial duties, judge is allowed to
o Speak, write, lecture, teach or participate in activities concerning the law, the legal system and
the administration of justice
o Appear at public hearing before a leg/exec body on matters concerning the law
o Serve on any org devoted to the improvement of the law
x And also:
o Write, lecture, teach and speak on non-legal subjects
o Participate in sports and other special recreational activities
o Participate in civil and charitable activities
o Serve as an officer, director, trustee or non-legal advisor of a non-profit or non-political
organization
x The judge is subject to the restriction that such activities do not interefere with the performance of
judicial duties or detract from the dignity of the court
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
x A judge may be subject to an administrative fine for inefficiency, neglect and unreasonable delay in
HOHYDWLQJWKHUHFRUGVRIDFLYLOFDVHWRWKH&$$VWKH6&KDVVWUHVVHG³DVDQDGPLQLVWUDWLYHRIILFHURI
the court, a judge should organize and supervise the court personnel to ensure the prompt and efficient
dispatch of business and require at all times the observance of high standard of public service and
fidelity.
x A magistrate must exhibit that hallmark judicial temperament of utmost sobriety and self-restraint
which are indispensable qualities of every judge
x Government service is people-oriented
Section 7. Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.
x Official conduct of the judge should be free from appearances of impropriety;; his/her personal
behavior should be beyond reproach in the performance of judicial duties as well as in everyday life.
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x Must not accept duties that would interfere with his devotion to the expeditious and proper
administration of his functions;; or where personal interests are involved (such as businesses);; or to
receive presents
CASE LAW

Castro v. Malazo (1980) Judge delayed issuance of decision The Judiciary Act of 1948: Sec. 5.
for several reasons (that there was Judge's certificate as to work
170 days another case that was closely completed. ² District judges,
related and simultaneous issuance judges of city courts, and municipal
of decision would be logical)170- judges shall certify on their
day delay was not justified. Judge applications for leave, and upon
REPRIMANDED salary vouchers presented by them
for payment, or upon the payrolls
upon which their salaries are paid,
that all special proceedings,
applications, petitions, motions, and
all civil and criminal cases which
have been under submission for
decision or determination for a
period of ninety days or more have
been determined and decided on or
before the date of making the
certificate, and no leave shall be
granted and no salary shall be paid
without such certificate.
Office of the Court Administrator When he first applied for judgeship, Aggregate acts point to
v. Judge Floro (2006) resp judge failed the required incompetence and behavior
psychological test, revealing that he unbecoming of a judge. He should
Psychologically unhealthy has ego disintegration and have never been admitted as a
developing psychotic process. judge. Judicial functions require not
However later, because of his only physical health but mental and
stellar academic qualifications, he psychological health.
was appointed as an RTC judge.
He was found to have circulated his
calling card w qualifications and
proclaiming his qualifications in
open court;; allowed his chambers
to be used as sleeping quarters;;
evident partiality in crim cases
where declared that he is pro-
accused;; used highly improper and
intemperate language during court
proceedings. Judge DISMISSED.

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A2015 Legal Profession Finals Reviewer - Feliciano PDF

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UP LAW | A2015

Legal Profession | M.S. Feliciano

Prof. Myrna S. Feliciano

TITLE QUICK FACTS DOCTRINE

TITLE QUICK FACTS DOCTRINE

REQUIREMENTS FOR ADMISSION TO THE PRACTICE OF LAW

RA 7662 (1993) Legal Education Reform Act

REPUBLIC ACT NO. 7662

RA 9225(2003) Dual Citizenship Act

August 29, 2003

TITLE QUICK FACTS DOCTRINE

Rules of Court 138 secs.7-­16

oral examination shall be given.

Proposed Reforms in the Bar Examinations

A. For implementation within (1) up to two (2) years:

5. Disqualifications of a Bar Examination Chairperson:

6. Desirable qualifications of Examiners:

(a) membership in good standing in the Philippine Bar;;

(b) competence in the assigned subject;;

D. Good Moral Character as a Pre-­requisite to Bar Admission

TITLE QUICK FACTS DOCTRINE

E. Law Student Practice Rule

Rules of Court, Rule 138 A

TITLE QUICK FACTS DOCTRINE

F. Non-­Lawyers authorized to Appear in Courts/Quasi-­Judicial Agencies

Rule 138, Rules of Court (as of 2005)

Act No. 2259

(a) The age of the claimant.

Art. 222. Appearances and Fees.

1. If they represent themselves;; or

2. If they represent their organization or members thereof.

DARAB RA 6657 as amended by RA 9700

a. He represents himself as a party to the case;;

Local Government Code RA 7160 (1991)

THE LAWYER AND SOCIETY

CANON 1 Promote and Respect Law and Legal Proces

TITLE QUICK FACTS DOCTRINE

Rule 1.01. A lawyer shall not engage in unlawful conduct.

TITLE QUICK FACTS DOCTRINE

Bigamy complainant learned that character. This qualification is not

Rule 1.02. A lawyer shall not counsel illegal activities.

TITLE QUICK FACTS DOCTRINE

Estrada v. Arroyo as void

Rule 1.03 A lawyer shall not encourage lawsuits.

Rule 1.04 A lawyer shall encourage amicable settlement

TITLE QUICK FACTS DOCTRINE

CANON 2. PROVIDE EFFICIENT AND CONVENIENT LEGAL SERVICES

need such services

TITLE QUICK FACTS DOCTRINE

the defense of an accused, which

TITLE QUICK FACTS DOCTRINE

TITLE QUICK FACTS DOCTRINE

TITLE QUICK FACTS DOCTRINE

TITLE QUICK FACTS DOCTRINE

TITLE QUICK FACTS DOCTRINE

CANON 5 ± PARTICIPATE IN LEGAL EDUCATION PROGRAM

x Applicable for lawyers in active practice and judges

TITLE QUICK FACTS DOCTRINE

Rules of Court 138 secs.7-16

D. Good Moral Character as a Pre-requisite to Bar Admission

F. Non-Lawyers authorized to Appear in Courts/Quasi-Judicial Agencies

x Prosecutors are quasi-judicial officers who represent the sovereign.

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

Rule 11.02 - A lawyer shall punctually appear at court hearings.

SAA v IBP (2009) Saa filed a disbarment against Atty. $WW\9HQLGDODPHH[FXVHVZRQW¶

Rule 15.06 ± Shall not undertake influence-peddling

HEIRS OF FALAME v BAGUIO Respondent represented the Attorney-client relations

Property or interest of the client in litigation