Professional Documents
Culture Documents
2020 Up Boc Legal Ethics Reviewer
2020 Up Boc Legal Ethics Reviewer
TABLE OF CONTENTS
LEGAL ETHICS
LEGAL AND JUDICIAL
ETHICS
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Atty. Ancheta should have advised Requisites for admission to the bar:
complainants to accept the judgment of the a. Citizenship;
Court of Appeals and accord respect to the just b. Residence: his/her duties to his client and
claim of the opposite party. He should have to the court will require that he/she be
tempered his clients' propensity to litigate and readily accessible and available;
save them from additional expense in pursuing c. Age (at least 21 years old): maturity and
their contemplated action. Instead, he gave discretion are required in the practice of
them confident assurances that the case could law;
still be reopened and even furnished them a d. Good moral character and no charges
copy of his prepared "motion to reopen case." involving moral turpitude;
Despite receipt of the P30,000 acceptance fee, The purposes for this requirement are:
he did not act on his client's case. Moreover, 1. To protect the public;
he prevailed upon complainants to give him 2. To protect the public image of lawyers;
P200,000.00 purportedly to be used to bribe 3. To protect prospective clients; and
the Justices of the Court of Appeals in order to 4. To protect errant lawyers from
secure a favorable ruling, palpably showing themselves [Dantes v. Dantes, A.C.
that he himself was unconvinced of the merits No. 6486 (2004)].
of the case. Atty. Ancheta's misconduct e. Legal education (consisting of pre-law and
betrays his lack of appreciation that the law proper);
practice of law is a profession, not a money- f. Pass the bar examinations;
making trade [Spouses Tolentino v. Atty. g. Take the lawyer’s oath;
Ancheta, A.C. No. No. 6387 (2016)]. h. Sign the roll of attorneys.
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However, the SC declared LEB Memorandum Examinees shall not bring papers, books or
Order No. 7 as unconstitutional, as it “usurps notes into the examination rooms. The
the right and duty of the law school to questions shall be the same for all examinees
determine for itself the criteria for the and a copy thereof, in English or Spanish, shall
admission of students and thereafter, to apply be given to each examinee. Examinees shall
such criteria on a case-to-case basis.” answer the questions personally without help
[Pimentel v. Legal Education Board, G.R. Nos. from anyone.
230642 & 242954 (2019)]
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Upon verified application made by an The relative weights of the subjects used in
examinee stating that his penmanship is so determining the average are as follows:
poor that it will be difficult to read his answers Subject %
without much loss of time, the Supreme Court
may allow such examinee to use a typewriter in Civil Law 15%
answering the questions. Only noiseless
typewriters shall be allowed to be used. Labor and Social Legislation 10%
The committee of bar examines shall take such Mercantile Law 15%
precautions as are necessary to prevent the Criminal Law 10%
substitution of papers or commission of other
frauds. Examinees shall not place their names Political and International Law 15%
on the examination papers. No oral
examination shall be given [Sec. 10, Rule 138, Taxation 10%
RoC].
Remedial Law 20%
Examination for admission to the bar of the
Legal and Ethics and Practical 5%
Philippines shall take place annually in the City
Exercises
of Manila. They shall be held in 4 days to be
designated by the chairman of the committee
on bar examiners [Sec. 11, Rule 138, RoC]. Examinations shall be conducted by a
committee of bar examiners to be appointed by
the Supreme Court. This committee shall be
Political and
Morning composed of a Justice of the Supreme Court
First International Law
as chairman, and 8 members of the bar, who
Day Labor and Social shall hold office for a period of one year. The
Afternoon names of the members of this committee shall
Legislation
be published in each volume of the official
Morning Civil Law reports [Sec. 12, Rule 138, RoC].
Second
Day Afternoon Taxation Pursuant to B.M. No. 1161 (2004), 2 examiners
are designated per bar subject.
Morning Mercantile Law
Third
Day The Bar Confidant acts as a sort of liaison
Afternoon Criminal Law officer between the court and the Bar Chairman
on one hand, and the individual members of the
Morning Remedial law committee on the other. He is at the same time
Fourth
Legal Ethics and a deputy clerk of court.
Day Afternoon
Practical Exercises
Not later than February 15th after the
examination, or as soon thereafter as may be
A candidate is deemed to have passed his practicable, the committee shall file its report
examinations successfully if he obtained a on the result of such examination. The
general average of 75% in all subjects, without examination papers and notes of the
falling below 50% in any subject [Sec. 14, Rule committee shall be filed with the clerk and may
138, RoC]. there be examined by the parties in interest,
after the court has approved the report [Sec.
15, Rule 138, RoC].
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taking another examination, provided that they essential for remaining in the practice of
may take a 4th and 5th examination if they law. Good moral character is what a person
show to the satisfaction of the court that they really is, as distinguished from good reputation,
have enrolled in and passed regular 4th year the estimate in which he is held by the public in
review classes as well as attended a pre-bar the place where he is known [In the Matter of
review course in a recognized law school for the Disqualification of Bar Examinee Haron S.
each examination [Sec. 16, Rule 138, RoC, as Meling In The 2002 Bar Examinations and For
amended by B.M. No. 1161 (2004)]. Disciplinary Action As Member of The
Philippine Shari’a Bar, B.M. No. 1154 (2004)].
No candidate shall endeavor to influence any
member of the committee, and during All aspects of moral character and behavior
examination, the candidates shall not may be inquired into in respect of those
communicate with each other nor shall they seeking admission to the Bar. The scope of
give or receive any assistance. Any violator such inquiry is, indeed, said to be properly
shall be barred from the examination, and the broader than inquiry into the moral proceedings
same to count as a failure against him, and for disbarment. The requirement of good
further disciplinary action may be taken in the moral character to be satisfied by those
discretion of the court [Sec. 13, Rule 138, who would seek admission to the bar must
RoC]. of necessity be more stringent than the
norm of conduct expected from members of
Under R.A. No. 1080 (An Act Declaring the Bar the general public. The Supreme Court may
and Board Examinations as Civil Service deny lawyer’s oath-taking based on a
Examinations), as amended by R.A. No. 1844, conviction for reckless imprudence resulting in
the Bar examinations is declared as civil homicide (hazing case). But after the expiry of
service examinations equivalent to: the original period of probation granted by the
1. First grade regular examination for trial court, he may be allowed to submit, for the
appointment to a position which requires Court’s examination and consideration,
proficiency in law; and relevant evidence to show that he is a different
2. Second grade regular examination for person now, that he has become morally fit for
appointment to a position which does not admission to the ancient and learned
require proficiency in law. profession of the law [In re: Argosino, A.M. No.
712 (1997)].
3. Continuing requirements for
Question of moral turpitude is for the Supreme
membership in the bar Court to decide, which is why applicants are
required to disclose any crime which they have
a. Good moral character been charged. Concealment or withholding
from the Court information about charges and
Absence of a proven conduct or act which has indictments is a ground for disqualification of
been historically and traditionally considered applicant or for revocation of license [Agpalo
as a manifestation of moral turpitude. The act 2004].
or conduct need not amount to a crime; and
even if it does constitute an offense, a By concealing pending criminal cases, the
conviction upon a criminal charge is not applicant (in a petition to take the Bar
necessary to demonstrate bad moral character Examinations) then flunks the test of fitness
although it may show moral depravity [“Legal even if the cases are ultimately proven to be
and Judicial Ethics” by Agpalo (2004)]. unwarranted or insufficient to impugn or affect
the good moral character of the applicant [In
This requirement is not only a condition the Matter of the Disqualification of Bar
precedent to admission to the practice of Examinee Haron S. Meling In The 2002 Bar
law, its continued possession is also Examinations and For Disciplinary Action As
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Member of The Philippine Shari’a Bar, B.M. original or certified true copies of the following
No. 1154 (2004)]. documents in relation to his petition:
1. Petition for Re-Acquisition of Philippine
As officers of the court, lawyers must not only Citizenship;
in fact be of good moral character but must also 2. Order (for Re-Acquisition of Philippine
be seen to be of good moral character and citizenship);
leading lives in accordance with the highest 3. Oath of Allegiance to the Republic of the
moral standards of the community. As Philippines;
keepers of public faith, lawyers are burdened 4. Identification Certificate issued by the
with a high degree of social responsibility and, Bureau of Immigration;
hence, must handle their personal affairs with 5. Certificate of Good Standing issued by the
great caution. [Dela Fuente Torres v. Dalangin, IBP;
A.C. No. 10758 (2017)]. 6. Certification from the IBP indicating
updated payments of annual membership
b. Citizenship; reacquisition of the dues;
privilege to practice law in the 7. Proof of payment of professional tax; and
Philippines 8. Certificate of compliance issued by the
MCLE office.
The practice of all professions in the
Philippines shall be limited to Filipino citizens These documents will be submitted to the OBC
save in cases prescribed by law [Sec. 14, Art. and will be reviewed by the Court en banc for
XII, 1987 Constitution]. resolution.
Ratio: Citizenship ensures allegiance to the Before a lawyer who reacquires Filipino
Republic and its laws. citizenship pursuant to R.A. No. 9225 can
resume his law practice, he must first secure
Filipino citizenship is a requirement for from this Court the authority to do so,
admission to the bar and is, in fact, a conditioned on:
continuing requirement for the practice of 1. the updating and payment in full of the
law. The loss thereof means termination of the annual membership dues in the IBP;
petitioner’s membership in the bar; ipso jure 2. the payment of professional tax;
the privilege to engage in the practice of law… 3. the completion of at least 36 credit hours of
Thus, a Filipino lawyer who becomes a mandatory continuing legal education; this
citizen of another country and later re- is especially significant to refresh the
acquires his Philippine citizenship under applicant/petitioner’s knowledge of
R.A. No. 9225, remains to be a member of Philippine laws and update him of legal
the Philippine Bar. However, the right to developments; and
resume the practice of law is not automatic. 4. the retaking of the lawyer’s oath which will
R.A. No. 9225 provides that a person who not only remind him of his duties and
intends to practice his profession in the responsibilities as a lawyer and as an
Philippines must apply with the proper authority officer of the Court, but also renew his
for a license or permit to engage in such pledge to maintain allegiance to the
practice [In re: Petition to re-acquire the Republic of the Philippines.
privilege to practice law in the Philippines of
Muneses, B.M. No. 2112 (2012)]. Compliance with these conditions will restore
his good standing as a member of the
In In re: Petition to re-acquire the privilege to Philippine bar [Petition for Leave to Resume
practice law in the Philippines of Muneses, in Practice of Law of Dacanay, B.M. No. 1678
pursuance to the qualifications laid down by the (2007)].
Court for the practice of law, the Office of the
Bar Confidant required Muneses to submit the
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g. Assist in public interest advocacies for 3. To perform the duties and responsibilities
policy formulation and implementation. to the best of one’s abilities as a law
2. For Level 2 Certification student practitioner, and
a. Perform all activities under Level 1 4. To strictly observe the Canons of the CPR
Certification; [Sec. 6, Rule 138-A, RoC].
b. Assist in the taking of depositions
and/or preparing judicial affidavits of A law student practitioner may sign briefs,
witnesses; pleadings, letters, and other similar documents
c. Appear on behalf of the client at any which the student has produced under the
stage of the proceedings or trial, before direction of the supervising lawyer, indicating
any court, quasi-judicial or the law student practitioner's certificate number
administrative body; [Sec. 7, Rule 138-A, RoC].
d. In criminal cases, subject to the
provisions Section 5, Rule 110 of the The Law Student Practitioner’s
Rules of Court, to appear on behalf of Oath/Affirmation is to be taken before
a government agency in the performing the activities allowed in the
prosecution of criminal actions; and certification [Sec. 8, Rule 138-A, RoC].
e. In appealed cases, to prepare the
pleadings required in the case [Sec. 4, Unauthorized practice of law shall be a ground
Rule 138-A, RoC]. for revocation of the law student practitioner's
certification and/or disqualification for a law
The law student must submit: student from taking the bar examination for a
1. A duly accomplished application form, period to be determined by the Supreme Court.
2. Under oath,
3. In three copies, Supervising Lawyer refers to a member of the
4. Accompanied by proof of payment of the Philippine Bar in good standing who is
necessary legal and filing fees. authorized by the law school to supervise the
law student practitioner under this Rule [Sec.
The law school shall submit to the Office of the 2(e), Rule 138-A, RoC].
Executive Judge of the proper RTC the
application form with endorsement under oath. A supervising lawyer shall be a member of the
The Executive Judge evaluates, approves, and bar in good standing [Sec. 10, Rule 138-A,
issues the certification within 10 days from RoC].
receipts, and, for Level 2 Certification, s/he
recommends to the OCA the approval and The duties of a supervising lawyer are:
issuance of the certification. 1. Supervise such number of certified law
student practitioners as far practicable;
The Level 1 Certification is valid before all 2. Personally appear with the law student
courts, quasi-judicial and administrative bodies practitioner in all cases pending before the
within the judicial region where the law school second- courts and in all other cases the
is located, while the Level 2 Certification is valid lawyer determines that his or her presence
before all such courts and bodies in the is required;
Philippines [Sec. 5, Rule 138-A, RoC]. 3. Assume personal professional
responsibility for any work performed by
The duties of law student practitioners are: the certified law student practitioner while
1. To observe Sec. 24(b), Rule 130, RoC under his or her supervision;
2. To be prohibited from using information 4. Assist and advise the certified law student
acquired in one’s capacity as law student practitioner in the activities authorized by
practitioner for personal or commercial these rules and review such activities with
gain the certified law student practitioner, all to
the extent required for the proper practical
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training of the certified law student complying with the requirements of Rule 138-
practitioner and the protection of the client; A, e.g., supervision of a lawyer [Cruz v. Mina,
5. Read, approve, and personally sign any G.R. No. 154207 (2007)].
pleadings, briefs or other similar
documents prepared by the certified law b. Non-lawyers in courts
student practitioner prior to the filing
thereof, and read and approve any Pursuant to Sec. 34, Rule 138, RoC, in any
documents which shall be prepared by the court, a party may conduct his litigation in
certified law student practitioner for person.
execution by the eligible party; and
6. Provide the level of supervision to the Before the MTC – A party may conduct his
certified law student practitioner required case or litigation in person with the aid of an
by these rules [Sec. 11, Rule 138-A. RoC]. agent or friend appointed by him.
! The agent or friend is not engaged in the
Without prejudice to existing laws, rules, practice of law, since there is no habituality
regulations, and circulars, the following shall be in the activity and no attorney-client
considered as unauthorized practice of law by relationship exists.
a certified law student practitioner—
1. Engaging in any of the acts provided in In any other court – A party may conduct his
Section 4 of this Rule without the litigation personally.
necessary certification or without the
consent and supervision of the supervising A non-lawyer conducting his own litigation is
lawyer; bound by the same rules in conducting the trial
2. Making false representations in of his case. He cannot, after judgment, claim
certification; that he was not properly represented [Agpalo
3. Using an expired legal scope of the (2004)].
practice areas allowed under Section 4 of
this Rule; An attorney who is otherwise disqualified to
4. Rendering legal services outside the scope practice law, or has been disbarred or
of the practice areas allowed under Section suspended from practice, can validly prosecute
4 of this Rule; or defend his own litigation, he having as much
5. Asking for or receiving payment or right as that of a layman [Danforth v. Egan, 119
compensation for services rendered under N.W. 1021 (1909)].
the Clinical Legal Education Program as
provided in this Rule; and When a person conducts his litigation in
6. Such other analogous circumstances. person, he is not engaged in the practice of law
[Agpalo (2004)].
The above provisions notwithstanding, any act
constituting a violation of the CPR shall subject Sec. 34, Rule 138, RoC does not distinguish
the supervising lawyer, Clinical Legal between civil and criminal cases. However,
Education Program Head, and/or law school in criminal cases, the rule is qualified:
dean to disciplinary action, as the 1. Under Sec. 1(c), Rule 115, RoC, the
circumstances may warrant [Sec. 12, Rule accused may defend himself in person
138-A. RoC]. “when it sufficiently appears to the court
that he can properly protect his rights
Sec. 34, Rule 138, RoC is clear that without the assistance of counsel.”
appearance before the inferior courts by a non- 2. Under Sec. 7, Rule 116, RoC, in
lawyer is allowed, irrespective of whether or not determining whether a counsel de officio
he is a law student. Thus, a law student may should be appointed, or, for that matter,
appear under the circumstances of Sec. 38, as whether a counsel de parte should be
an agent or a friend of a party litigant, without required (conversely, whether the accused
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person without the assistance of the Under Sec. 7(b), R.A. No. 6713 (Code of
counsel or representative, except for Conduct and Ethical Standards for Public
minors and incompetents who may be Officials and Employees), public officials and
assisted by their next of kin who are not employees during their incumbency shall not:
lawyers [Sec 415, R.A. No. 7160 (Local 1. Own, control, manage or accept
Government Code)]. employment as officer employee,
consultant, counsel, broker, agent, trustee
5. Sanctions for practice or or nominee in any private enterprise
regulated, supervised or licensed by their
appearance without authority office, unless expressly allowed by law;
2. Engage in the private practice of their
a. Lawyers without authority profession unless authorized by the
Constitution or law, provided that such
Under Sec. 27, Rule 138, RoC, corruptly or practice will not conflict or tend to conflict
willfully appearing as an attorney for a party to with their official functions;
a case without authority to do so is a ground 3. Recommend any person to any position in
for disbarment or suspension. a private enterprise which has a regular or
pending official transaction with their office.
b. Persons not lawyers These prohibitions shall continue to apply for a
period of 1 year after resignation, retirement or
For BOTH persons who are not lawyers separation from public office, except in case of
AND lawyers who appear without authority, the second.
the following may be availed of:
1. Petition for injunction The 1-year prohibition also applies to practice
2. Declaratory relief of profession in connection with any matter
3. Contempt of court [Sec. 3 (e), Rule 71, before the office he used to be with.
RoC]
4. Administrative complaint against the erring Absolute prohibition on public officials who
lawyer or government official cannot practice law
5. Criminal complaint for estafa against the 1. Judges and other officials or employees of
person who falsely represented himself as superior courts as [Sec. 35, Rule 148,
a lawyer to the damage of another RoC];
2. Officials and employees of the Office of the
6. Public officials and practice Solicitor General [Sec. 35, Rule 148, RoC];
3. Government prosecutors [Lim-Santiago v.
of law Sagucio, A.C. No. 6705 (2006)];
4. President, vice-president, cabinet
a. Prohibition or disqualification members, their deputies and assistants
of former government attorneys [Sec. 15, Art. VII, 1987 Constitution];
5. Chairmen and members of constitutional
General Rule: The appointment or election of commissions [Sec. 2, Art. IX-A, 1987
an attorney to a government office disqualifies Constitution];
him from engaging in the private practice of 6. Members of the Judicial and Bar Council
law. [Sec. 2, Art. IX-A, 1987 Constitution];
7. Ombudsman and his deputies [par. 2, Sec.
8 (2), Art. X, 1987 Constitution];
8. All governors, city and municipal mayors
[Sec. 90(a), R.A. No. 7160];
9. Civil service officers or employees whose
duties require them to devote their entire
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time at the disposal of the government that no retiring justice, during the time
[Catu v. Rellosa, A.C. No. 5738 (2008)]; that he is receiving said pension shall:
10. Those who, by special law, are prohibited a. Appear as counsel before any court in
from engaging in the practice of their legal any civil case wherein the Government
profession. or any subdivision or instrumentality
thereof is the adverse party;
Relative prohibition on public officials who b. In any criminal case wherein and
can practice law with restrictions officer or employee of the government
1. No senator or member of the House of is accused of an offense committed in
Representatives may personally appear relation to his office; or
as counsel before any court of justice or c. Collect any fee for his appearance in
before the Electoral Tribunals, or quasi- any administrative proceedings to
judicial and other administrative bodies maintain an interest adverse to the
[Sec. 14, Art. VI, 1987 Constitution] Government, insular, provincial or
! The word “appearance” includes not municipal, or to any of its legally
only arguing a case before any such constituted officers.
body, but also filing a pleading on 4. There are civil employees whose duty do
behalf of a client [Ramos v. Manalac, not require that their entire time be at the
G.R. No. L-2610 (1951)]. disposal of the government. Absent any
! Neither can he allow his name to express prohibition in law, they can
appear in the pleading as part of a firm practice law, provided they secure a written
name, because the office of an permit from their department head [Zeta v.
attorney being originally of agency, Malinao, AM. No P-220(1978)].
amounts to the signing of a non-
qualified senator or congressman [In
Re: David, AM No. 98 (1953)].
7. Lawyers authorized to
2. Sanggunian members may practice law represent the government
except during session hours and provided
they shall not: Any official or other person appointed or
a. Appear as counsel before any court in designated in accordance with law to
any civil case wherein a local appear for the Government of the
government unit or any office, agency, Philippines shall have all the rights of a duly
or instrumentality of the government is authorized member of the bar to appear in any
the adverse party; case in which said government has an interest
b. Appear as counsel in any criminal case direct or indirect [Sec. 33, Rule 138, RoC].
wherein an officer or employee of the
national or local government is 8. Lawyer’s oath
accused of an offense committed in
relation to his office;
An applicant who has passed the required
c. Collect any fee for their appearance in
examination, or has been otherwise found to
administrative proceedings involving
be entitled to admission to the bar, shall take
the local government unit of which he is
and subscribe before the Supreme Court the
an official; and
corresponding oath of office [Sec. 17, Rule
d. Use property and personnel of the
138, RoC].
government except when the
sanggunian member concerned is
The lawyer's oath is not a mere ceremony
defending the interest of the
or formality for practicing law. Every lawyer
government [Sec. 90(b), R.A. No.
should at all times weigh his actions according
7160].
to the sworn promises he makes when taking
3. Under Sec. 1, R.A. No. 910, the pension of
the lawyer's oath [In re: Argosino, supra].
justices therein is provided with a condition
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Moral turpitude includes everything which Rule 1.03. A lawyer shall not, for any corrupt
is done contrary to justice, honesty, motive or interest, encourage any suit or delay
modesty, or good morals. It involves an act any man’s cause.
of baseness, vileness, or depravity in the
private duties which a man owed his Barratry or “Maintenance”
fellowmen, or to society in general [Barrios v. The offense of inciting or stirring up quarrels,
Martinez, A.C. No. No. 4585 (2004)]. litigation or groundless lawsuits, either at law or
otherwise [Bouvier].
Murder, estafa, rape, violation of Batas
Pambansa Blg. 22 (Bouncing Checks Law), Ambulance-chasing
bribery, bigamy, adultery, seduction, Unethical practice of inducing personal injury
abduction, concubinage and smuggling, victims to bring suits. The practice of lawyers in
falsification of a public document, are frequenting hospitals and homes of the injured
considered crimes involving moral turpitude. to convince them to go to court [Lex Pareto
(2014)].
In order to hold the lawyer amenable to
disbarment by reason of his or her having Accident-site solicitation of any kind of legal
committed a crime involving moral turpitude, it business by laymen employed by an attorney
is not enough to show that there is a pending for the purpose or by the attorney himself.
case involving moral turpitude against him or
her because Section 27 of Rule 138 Supports perjury, the defrauding of innocent
expressly requires that he or she must have persons by judgments, upon manufactured
been found by final judgment guilty of the causes of actions and the defrauding of injured
crime involving moral turpitude [Interadent persons having proper causes of action but
Zahntechnik Phil., Inc. v. Atty. Rebecca S. ignorant of legal rights and court procedure.
Francisco-Simbillo, A.C. No. 9464, (2016)].
A lawyer’s conduct of vindictiveness is a
Rule 1.02. A lawyer shall not counsel or abet decidedly undesirable trait especially when one
activities aimed at defiance of the law or at resorts to using the court not to secure justice
lessening confidence in the legal profession. but merely to exact revenge warrants his
dismissal from the judiciary. [Saburnido v.
The Supreme Court does not claim infallibility; Madrono, A.C. No. No. 4497 (2001)]
it will not denounce criticism made by anyone
against the Court for, if well-founded, can truly Ambulance Barratry
have constructive effects in the task of the Chasing
Court, but it will not countenance any
wrongdoing nor allow the erosion of our Refers to personal Refers to any action
people’s faith in the judicial system, let alone injury
by those who have been privileged by it to
practice law in the Philippines [Estrada v. Refers to cases Refers to suits before
Sandiganbayan, G.R. No. 159486 (2003)]. brought before judicial or non-judicial
judicial bodies bodies
A lawyer should advise his client to uphold
the law, not to violate or disobey it. Other prohibited acts include:
Conversely, he should not recommend to his ! Volunteering advice to bring lawsuits,
client any recourse or remedy that is contrary except where ties of blood, relationship or
to law, public policy, public order, and public trust make it a duty to do so
morals [Coronel v. Cunanan, A.C. No. 6738 ! Hunting up defects in titles or other causes
(2015)]. of action in order to be employed to bring
suit or breed litigation [Agpalo (2004)]
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Rule 1.04. A lawyer shall encourage his clients to officio is an irksome chore. For those holding
avoid, end or settle a controversy if it will admit of such belief, it may come as a surprise that
a fair settlement. counsel of repute and of eminence welcome
such an opportunity. It makes even more
The function of a lawyer is not only to conduct manifest that law is indeed a profession
litigation but to avoid it where possible, by dedicated to the ideal of service and not a mere
advising settlement or withholding suit. He trade. It is understandable then why a high
must act as mediator for compromise rather degree of fidelity to duty is required of one so
than an instigator of controversy and a predator designated. [Ledesma v. Climaco, G.R. No. L-
of conflict [Agpalo (2004)]. 23815 (1974)]
It is the duty of a counsel to advise his client, Legal aid is not a matter of charity. It is a means
ordinarily a layman to the intricacies and for the correction of social imbalance that may
vagaries of the law, on the merit or lack of merit and often do lead to injustice, for which reason
of his case. If he finds that his client's cause is it is a public responsibility of the bar [Sec. 1,
defenseless, then it is his bounden duty to Art. 1, IBP Handbook, Guidelines Governing
advise the latter to acquiesce and submit, the Establishment and Operation of the Legal
rather than traverse the incontrovertible. A Aid Office].
lawyer must resist the whims and caprices of
his client and temper his client’s propensity to Lawyers covered by the Rule on Community
litigate. A lawyer's oath to uphold the cause Legal Aid Service are required to render 120
of justice is superior to his duty to his hours of pro bona legal aid services to qualified
client; its primacy is indisputable parties enumerated in Section 4(b) thereof,
[Castañeda v. Ago, G.R. No. L-28546 (1975)] within the first year of the covered lawyers'
admission Bar, counted from the time they
b. Efficient and convenient legal signed the Roll of Attorneys. For this purpose,
services covered lawyers shall report to the chairperson
of the IBP Chapter Legal Aid Committee of their
CANON 2. A lawyer shall make his legal services choice or the chairperson, director, or
available in an efficient and convenient manner supervising partner or lawyer from the
compatible with the independence, integrity and Accredited Legal Aid Service Provider of their
effectiveness of the profession. choice for their compliance with this Rule [Sec.
5(a), Rule on Community Legal Aid Service].
Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not Exemptions:
be denied to any person by reason of poverty. ! Covered lawyers in the executive and
[Sec. 11, Art. III, 1987 Constitution] legislative branches of government,
provided that the covered lawyer must
A person in need of legal services should be already be in government service at least
able to find a lawyer who is qualified to provide six (6) months before admission into the
them. It is the responsibility of the bar to make Bar; however, those employed upon
such services available [Agpalo (2004)]. admission into the Bar with the judiciary,
the Public Attorney's Office, the National
Rule 2.01. A lawyer shall not reject, except for Prosecution Service, the Office of the
valid reasons, the cause of the defenseless or the Solicitor General, the Office of the
oppressed. Government Corporate Counsel, and
Office of the Ombudsman shall be exempt
Membership in the bar is a privilege burdened with this Rule;
with conditions. It could be that for some ! Those who have already undergone and
lawyers, especially the neophytes in the completed the clinical legal education
profession, being appointed counsel de program duly organized and accredited
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Rule 138-A (The Law Student Practice Tagorda, G.R. No. 32329, (1929), cited in Lex
Rule); Pareto (2014); Linsangan v. Tolentino, A.C.
! Covered lawyers who have worked for at No. 6672 (2009)].
least 1 year in law firms offering pro bono
legal services or regularly accepting Law is not a business but a profession. Unlike
counsel de oficio appointments; a businessman, the lawyer has:
! Covered lawyers who have previously 1. Relation to the administration of justice
worked for more than 1 year as staff of a involving sincerity, integrity and reliability
Law School Legal Aid Office, a Public as an officer of the court;
Interest Law Group, or an alternative or 2. Duty of public service;
developmental law group; and 3. Relation to clients with the highest degree
! Covered lawyers who have worked with of fiduciary; and
lawyers for Public Interest Law Groups or 4. Relation to colleagues at the bar
alternative or law groups for more than one characterized by candor, fairness and
(1) year and have filed public interest cases unwillingness to resort to business
[Sec. 5(a), Rule on Community Legal Aid methods of advertising and encroachment
Service]. on their practice, or dealing directly with
their clients [Agpalo (2004)].
Rule 2.02. In such cases, even if the lawyer does
not accept a case, he shall not refuse to render The practice of soliciting cases at law for the
legal advice to the person concerned if only to the purpose of gain, either personally or through
extent necessary to safeguard the latter’s rights. paid agents or brokers, constitutes malpractice
[Sec. 27, Rule 138, RoC].
Although no lawyer-client relationship is
created when a lawyer categorically refuses to A lawyer is not prohibited from engaging in
accept a case, a lawyer is still bound to give business or other lawful occupation.
legal advice to the defenseless and oppressed Impropriety arises, though, when the
to protect their rights. business is of such a nature or is
conducted in such a manner as to be
Advice may be on what preliminary steps to inconsistent with the lawyer’s duties as a
take until the client has secured the services of member of the bar. This inconsistency arises
counsel. But he shall refrain from giving legal when the business is one that can readily lend
advice if the reason for not accepting the case itself to the procurement of professional
is that there is a conflict of interest between him employment for the lawyer; or that can be used
and a prospective client or between a present as a cloak for indirect solicitation on the
client and a prospective client. [Agpalo (2004)] lawyer’s behalf; or is of a nature that, if handled
by a lawyer, would be regarded as the practice
Rule 2.03. A lawyer shall not do or permit to be of law [Villatuya v. Tabalingcos, A.C. No. 6622
done any act designed to primarily solicit legal (2012)].
business.
The best advertising possible for a lawyer is a
well-merited reputation for professional
A well-known lawyer has been engaged to run
capacity and fidelity to trust, which must be
a program in which he encourages indigent
earned as the outcome of character and
party litigants to consult him free of charge
conduct. Good and efficient service to a client
about their legal problems over a radio and
as well as to the community has a way of
television network. Has he violated any ethical
publicizing itself and catching public attention.
rules? – YES, as it involves indirect advertising
That publicity is a normal by-product of
and solicitation and is likewise violative of the
effective service which is right and proper. A
confidentiality of lawyer-client relationship. His
good and reputable lawyer needs no artificial
act may also be considered as a form of self-
stimulus to generate it and to magnify his
praise hence subject to discipline [In re:
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success [Ulep v. The Legal Clinic, Inc., B.M. e. Branches of law practiced;
No. 553 (1993)]. f. Birthday;
g. Day admitted to the bar;
Rule 2.04. A lawyer shall not charge rates lower h. Schools and dates attended;
than those customarily prescribed unless the i. Degrees and distinctions;
circumstances so warrant. j. Public or quasi-public offices;
k. Posts of honor;
l. Legal authorships;
Ratio: The practice of law is a profession and
m. Teaching positions;
not a trade. It is improper to lower legal rates
n. Associations;
just because another lawyer has offered a
o. Legal fraternities and societies;
lower legal fee. [Lex Pareto (2014)]
p. References and regularly represented
clients must be published for that
This rule prohibits the competition in the matter
purpose [Ulep v. The Legal Clinic, Inc.,
of charging professional fees for the purpose of
supra].
attracting clients in favor of the lawyer who
3. Publication of simple announcement of
offers lower rates. The rule does not prohibit a opening of law firm, change of firm;
lawyer from charging a reduced fee or none at
4. Listing in telephone directory but not under
all to an indigent or to a person who would have designation of special branch of law;
difficulty paying the fee usually charged for
5. If acting as an associate (specializing in a
such services [Agpalo (2004)].
branch of law), may publish a brief and
dignified announcement to lawyers (law
c. True, honest, fair, dignified, and list, law journal);
objective information on legal 6. If in media, those acts incidental to his
services practice and not of his own initiative;
7. Writing legal articles;
8. Activity of an association for the purpose of
CANON 3. A lawyer in making known his legal
services shall use only true, honest, fair,
legal representation.
dignified and objective information or statement
of facts. The law list must be a reputable law list
published primarily for that purpose; it cannot
be a mere supplemental feature of a paper,
Note: Canon 3 is 5th top source of Questions on magazine, trade journal or periodical which is
CPR; it was asked 16 times in the last 25 years published primarily for other purposes.
as of 2017 [Lex Pareto (2017)].
Prohibited Advertisements [Sec. 27, Canon
Rule 3.01. A lawyer shall not use or permit the of Professional Ethics (hereinafter, CPE)]
use of any false, fraudulent, misleading, 1. Through touters of any kind whether allied
deceptive, undignified, self-laudatory or unfair real estate firms or trust companies
statement or claim regarding his qualifications or advertising to secure the drawing of deeds
legal services. or wills;
2. Offering retainers in exchange for
Allowable advertisement executorships or trusteeships to be
1. Ordinary simple professional card; influenced by the lawyer;
2. Publication in reputable law list with brief 3. Furnishing or inspiring newspaper
biographical and other informative data comments concerning the manner of their
which may include: conduct, the magnitude of the interests
a. Name; involved, the importance of lawyer’s
b. Associates; position, and all other like self-laudation.
c. Address;
d. Phone numbers;
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A lawyer may not properly publish his brief services of highest quality and ties with
biographical and informative data in a daily multinational business enterprise especially
paper, magazine, trade journal or society when such firm attached as an associate
program in order to solicit legal business. A cannot legally practice law in the Philippines
paid advertisement in the newspaper which [Dacanay v. Baker and McKenzie, A.C. No.
reads, “Annulment of Marriage Specialist” is 2131 (1985)].
also prohibited [Khan v. Simbillo, A.C. No.
5299 (2003)]. Rule 3.03. Where a partner accepts public office,
he shall withdraw from the firm and his name shall
The use of a card containing “As a notary be dropped from the firm name unless the law
public, he can execute for you a deed of sale, allows him to practice law concurrently.
can renew lost documents and can make your
application for homestead and execute any Purpose: To prevent the law firm from using his
kind of affidavit. As a lawyer, he can help you name to attract legal business and to avoid
collect your loans as well as any complaint for suspicion of undue influence.
or against you.” is a form of prohibited
advertisement. [In re: Tagorda, supra]. Where A civil service officer or employee whose duty
to draw the line is a question of good faith and or responsibility does not require his entire time
good taste. to be at the disposal of the government may not
engage in the private practice of law without the
Entering into other businesses written permit from the head of the department
If entering into other businesses which are not concerned [Agpalo (2004)].
inconsistent with the lawyer’s profession, it is
advisable that they be entirely separate and It is unlawful for a public official or employee to,
apart such that a layman could distinguish among others, engage in the private practice of
between the two functions. their profession, unless authorized by the
Constitution or law, provided that such practice
The lawyer must make it clear to his client will not conflict or tend to conflict with official
whether he is acting as a lawyer or in another functions. The inclusion or retention of the
capacity. public official’s name in the professional card
constitutes as an unlawful continuance of
Rule 3.02. In the choice of a firm name, no false, engagement in private practice. [Samonte v.
misleading or assumed name shall be used. The Gatdula, A.M. No. P-99-1292 (1999)].
continued use of the name of a deceased partner
is permissible provided that the firm indicates in Absolute and relative prohibition of public
all its communications that said partner is officials from practice of law
deceased. When any of those absolutely prohibited
officials is appointed/elected/qualified, he
The continued use of the name of a deceased ceases, as a general rule, to engage in the
partner is permissible provided that the firm private practice of law and his right to practice
indicates in all its communications that said is suspended during his tenure in office.
partner is deceased [Agpalo (2004)].
See also Public Officials and the Practice of
Ratio: All partners by their joint efforts over a Law above.
period of years contributed to the goodwill
attached to the firm name, and the removal of
the deceased partner’s name disturbs the
client goodwill built through the years.
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Rule 3.04. A lawyer shall not pay or give anything NCLA to Exempt Legal Aid Clients from Paying
of value to representatives of the mass media in Filing, Docket and Other Fees (2009)].
anticipation of, or in return for, publicity to attract
legal business. e. Participation in legal education
program
Purpose: To prevent some lawyers from
gaining an unfair advantage over others
through the use of gimmickry, press agentry or CANON 5. A lawyer shall keep abreast of legal
developments, participate in continuing legal
other artificial means.
education programs, support efforts to achieve
high standards in law schools as well as in the
This rule prohibits making indirect publicity
practical training of law students and assist in
gimmickry, such as furnishing or inspiring disseminating information regarding the law
newspaper comments, procuring his and jurisprudence.
photograph to be published in connection with
cases which he is handling, making a
courtroom scene to attract the attention of Purpose: The lawyer’s life is one of continuous
newspapermen, or arranging for the purpose and laborious study; otherwise, his skill and
an interview with him by the media [Agpalo knowledge of law and related disciplines will
2004]. lag behind and become obscure due to
obsoleteness.
d. Participation in the Mandatory Continuing Legal Education
improvements and reforms in [hereinafter, MCLE] Program
the legal system A program which requires lawyers to show
proof of having undertaken improvement in
CANON 4. A lawyer shall participate in the their knowledge as a precondition for renewing
development of the legal system by initiating or their license to practice [Lex Pareto (2014)].
supporting efforts in law reform and in the
improvement of the administration of justice. See also Mandatory Continuing Legal
Education below.
This is a duty that flows from the lawyer’s sense
There is no doubt that Atty. Flores failed to
of public responsibility [Agpalo (2004)].
obey the trial court’s order to submit proof of his
MCLE compliance notwithstanding the several
Examples:
opportunities given him. Court orders are to be
● Presenting position papers or resolutions respected not because the judges who issue
for the introduction of pertinent bills in them should be respected, but because of the
Congress; respect and consideration that should be
● Submitting petitions to the Supreme Court extended to the judicial branch of the
for the of the RoC; Government [Rodriguez-Manahan v. Flores,
● Writing legal publications or books as an A.C. No. 8954 (2013)].
avenue of improving the legal system
Atty. Echanez’s acts of: (a) not complying with
The Misamis Oriental Chapter of the IBP was two MCLEs for two compliance periods; (b)
commended by the Supreme Court when it repeatedly indicating false MCLE compliance
promulgated a resolution requesting the IBP’s numbers in his pleadings before the trial courts;
National Committee on Legal Aid to ask for the and, (c) repeatedly failing to obey legal orders
exemption from the payment of filing, docket of trial court, IBP Commission on Bar Discipline
and other fees of clients of the legal aid offices and also the Supreme Court despite due
in the various IBP chapters [Re: Request of notice, taken together, constitute serious cases
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that merit disbarment [Mapalad v. Atty. ! A lawyer shall not, after leaving the
Echanez; A.C. No. 10911 (2017)]. government service, accept engagement
or employment in connection with any
f. Lawyers in government service matter in which he had intervened while in
discharging their tasks said service;
! Retired members of the judiciary receiving
pensions from the government should not
CANON 6. These canons shall apply to lawyers practice law where the government is the
in government service in the discharge of their adverse party or in a criminal case
official duties. involving a government employee in the
performance of his duties as such [Lex
Generally speaking, a lawyer who holds a Pareto (2014)].
government office may not be disciplined
as a member of the Bar for misconduct in Sec. 4, R.A. No. 6713 provides the norms of
the discharge of his duties as a government conduct of public officials and employees.
official. However, if said misconduct as a
government official also constitutes a Rule 6.02. A lawyer in the government service
violation of his oath as a lawyer, then he shall not use his public position to promote or
may be disciplined by this Court as a advance his private interests, nor allow the
member of the Bar… A member of the Bar latter to interfere with his public duties.
who assumes public office does not shed
his professional obligations. Hence, the
Government employees are expected to
CPR… was not meant to govern the conduct of
devote themselves completely to public
private practitioners alone, but all lawyers
service. For this reason, the private practice of
including those in government service. This is
profession is prohibited. Lawyers in
clear from Canon 6 of said Code. Lawyers in
government service cannot handle private
government are public servants who owe the
cases for they are expected to devote
utmost fidelity to the public service. Thus, they
themselves full-time to the work of their
should be more sensitive in the performance of
respective offices [Ramos v. Imbang, A.C. No.
their professional obligations, as their conduct
6788 (2007)].
is subject to the ever-constant scrutiny of the
public. [Vitriolo v. Dasig, A.C. No. 4984 (2003)].
Rule 6.03. A lawyer shall not, after leaving
The ethical standards under the CPR are government service, accept engagement or
rendered even more exacting as to employment in connection with any matter in
government lawyers because they have the which he had intervened while in said service.
added duty to abide by the policy of the State
to promote a high standard of ethics, How government lawyers may leave
competence, and professionalism in public government service:
service [Liang Fuji v. Gemma Armi M. Dela 1. Retirement;
Cruz, A.C. No. 11043 (2017)]. 2. Resignation;
3. Expiration of the term of office;
May a former government lawyer appear in a 4. Abandonment;
case against the government? – YES, he may 5. Dismissal.
appear in a case unless there is a specific
ethical rule or provision of law which prohibits General rule: Practice of profession is allowed
him from doing so [Lex Pareto (2014)]. immediately after leaving public service.
When may a former government lawyer be Exceptions: The lawyer cannot practice as to
prohibited from accepting a legal engagement? matters with which he had connection during
his term. This prohibition lasts:
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! For one year, if he had not intervened; with him during the pendency of his office or
! Permanently, if he had intervened. within one year after its termination.
The “matter” contemplated are those that are In the case of Pasay Law and Conscience
adverse-interest conflicts (substantial Union, Inc. v. Paz, a former Legal Officer and
relatedness and adversity between the Legal Prosecutor of PARGO who participated
government matter and the new client’s matter in the investigation of the Anti-Graft case
in interest) and congruent-interest against Mayor Pablo Cuneta later on acted as
representation conflicts (prohibits lawyers from counsel for the said Mayor in the same anti-
representing a private practice client even if the graft case. The Court found the said counsel
interests of the former government client and guilty of representing clients with conflicting
the new client are entirely parallel). interest and suspended him from the practice
“Intervention” should be significant and of law for 2 months [A.M. No. 1008 (1980)].
substantial which can or have affected the
interest of others (i.e. an act of a person has 2. The legal profession
the power to influence the subject proceedings)
[PCGG v. Sandiganbayan, G.R. Nos. 151809-
12 (2005)]. a. Integrated Bar of the
Philippines (Rule 139-A)
Sec. 7 of R.A. No. 6713 generally provides for
the prohibited acts and transactions of public Bar Integration
officials and employees. Sec. 7(b)(2) prohibits The Supreme Court may adopt rules of court to
them from engaging in the private practice of effect the integration of the Philippine Bar
their profession during their incumbency. As an under such conditions as it shall see fit in order
exception, a public official or employee can to raise the standards of the legal profession,
engage in the practice of his or her improve the administration of justice, and
profession under the following conditions: enable the bar to discharge its public
● First, the private practice is authorized by responsibility more effectively. [Sec. 1, R.A.
the Constitution or by the law; and No. 6397 (An Act Providing for the Integration
of the Philippine Bar, and Appropriating Funds
● Second, the practice will not conflict, or Therefor)]
tend to conflict, with his or her official
functions.
Integration does not make a lawyer a
The prohibitions continue to apply for a period member of any group of which he is not
of one year after the public official or
already a member. He became a member of
employee’s resignation, retirement, or the Bar when he passed the Bar Examinations.
separation from public office, except for the All that integration actually does is to provide
private practice of profession under subsection an official national organization for the well-
(b)(2), which can already be undertaken even defined but unorganized and incohesive group
within the one-year prohibition period. As an of which every lawyer is already a member [In
exception to this exception, the one-year the matter of the Integration of the Bar of the
prohibited period applies with respect to any Philippines, (1973)].
matter before the office the public officer or
employee used to work with. [Query of Karen The IBP is essentially a semi-governmental
Silverio-Buffe, A.M. No. 08-6-352-RTC (2009)]. entity, a private organization endowed with
certain governmental attributes. While it is
Sec. 3(d) of R.A. No. 3019 (Anti-Graft and composed of lawyers who are private
Corrupt Practices Act) also considers it an individuals, the IBP exists to perform certain
unlawful and corrupt practice for a public vital public functions and to assist the
official to accept or have any member of his government particularly in the improvement of
family accept employment in a private the administration of justice, the upgrading of
enterprise which has pending official business
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the standards of the legal profession, and its b. Membership and dues
proper regulation.
Sec. 9, Rule 139-A. Membership Dues. –
The basic postulate of the IBP is that it is non-
Every member of the IBP shall pay such annual
political in character and that there shall be
dues as the Board of Governors shall determine
neither lobbying nor campaigning in the choice
with the approval of the Supreme Court. A fixed
of the IBP Officers. The fundamental sum equivalent to 10% of the collection from
assumption is that the officers would be chosen each Chapter shall be set aside as a Welfare
on the basis of professional merit and Fund for disabled members of the Chapter and
willingness and ability to serve. The ardor with the compulsory heirs of deceased members
which the candidates pursued the presidency thereof.
of the association detracted from the dignity of
the legal profession. The spectacle of lawyers
bribing or being bribed to vote did not uphold Sec. 10, Rule 139-A. Effect of non-payment
the honor of the profession nor elevate it in the of dues. – Subject to the provisions of Sec. 12
public’s esteem [In re: 1989 Elections of the of this Rule, default in the payment of annual
IBP, A.M. No. 491 (1989)]. dues for 6 months shall warrant suspension of
membership in the IBP, and default in such
General Objectives of the IBP payment for 1 year shall be a ground for the
removal of the name of the delinquent member
1. To elevate the standards of the legal
from the Roll of Attorneys.
profession;
2. To improve the administration of justice;
3. To enable the bar to discharge its public A membership fee in the IBP is an exaction for
responsibility more effectively [Sec. 2, IBP regulation, while the purpose of a tax is
By-Laws]. revenue. If the Court has inherent power to
regulate the bar, it follows that as an
Purposes of the IBP incident to regulation, it may impose a
1. To assist in the administration of justice; membership fee for that purpose. It would
2. To foster and maintain on the part of its not be possible to push through an Integrated
members high ideals of integrity, learning, Bar program without means to defray the
professional competence, public service concomitant expenses. The doctrine of implied
and conduct; powers necessarily includes the power to
3. To safeguard the professional interest of its impose such an exaction [In the matter of the
members; IBP, supra].
4. To cultivate among its members a spirit of
cordiality and brotherhood; A lawyer can engage in the practice of law only
5. To provide a forum for the discussion of by paying his dues, and it does not matter if his
law, jurisprudence, law reform, pleading, practice is “limited.” The exemption granted to
practice and procedure, and the relations senior citizens in R.A. No. 7432 (Seniors
of the bar to the bench and to the public, Citizen Act) does not include payment of
and publish information relating thereto; membership or association dues [Santos v.
6. To encourage and foster legal education; Llamas, A.C. No. 4749 (2000)].
7. To promote a continuing program of legal
research in substantive and adjective law In a case involving a Filipino lawyer staying
and make reports and recommendations abroad, the Supreme Court said that there is
thereon. [Sec. 2, IBP By-Laws] nothing in the law or rules, which allows his
exemption from payment of membership dues.
At most, he could have informed the Secretary
of the IBP of his intention to stay abroad before
he left. In such case, his membership in the IBP
could have been terminated and his obligation
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to pay dues discontinued [Letter of Atty. 2. Prohibition from taking the lawyer’s oath, if
Arevalo, B.M. No. 1370 (2005)]. the concealment is discovered after the
candidate has taken the bar examinations;
c. Upholding the dignity and 3. Revocation of license to practice, if the
integrity of the profession concealment was discovered after he has
taken his lawyer’s oath [In re: Petition to
Take the Lawyer’s Oath, Caesar Z. Distrito,
CANON 7. A lawyer shall at all times uphold the petitioner, B.M. No. 1209 (2003)].
integrity and dignity of the legal profession and
support the activities of the Integrated Bar. If what the applicant concealed is a crime which
does not involve moral turpitude, it is the fact of
The bar has to maintain a high standard of legal concealment and not the commission of the
proficiency, honesty, and fair dealing to be an crime itself that makes him morally unfit to
effective instrument in the proper become a lawyer. It should be noted that the
administration of justice. In order to do so, it is application was made under oath, which he
necessary that every lawyer should strive to lightly took when he made the concealment [In
uphold the honor and dignity of the legal re: Petition to Take the Lawyer’s Oath, Caesar
profession and to improve not only the law, but Z. Distrito, petitioner, supra].
the administration of justice as well [Agpalo
(2004)]. Rule 7.02. A lawyer shall not support the
application for admission to the bar of any
A lawyer should actively support the activities person known by him to be unqualified in
of the IBP and not limit himself to paying dues respect to character, education, or other
[Agpalo (2004)]. relevant attribute.
Rule 7.01. A lawyer shall be answerable for A lawyer should volunteer information or
knowingly making a false statement or cooperate in any investigation concerning
suppressing a material fact in connection with alleged anomalies in the bar examination so
his application for admission to the bar. that those candidates who failed therein can be
ferreted out and those lawyers responsible
A lawyer must be a disciple of truth. While a therefor can be disbarred [In re: Parazo, G.R.
lawyer has the solemn duty to defend his No. 82027 (1948)].
client’s rights and is expected to display the
utmost zeal in defense of his client’s cause, A lawyer should not readily execute an affidavit
his conduct must never be at the expense of good moral character in favor of an applicant
of truth [Young v. Batuegas, A.C. No. 5379 who has not lived up to the standard set by law
(2003)]. [Agpalo (2004)].
A student aspiring to be a lawyer must study Rule 7.03. A lawyer shall not engage in conduct
and observe the duties and responsibilities of a that adversely reflects on his fitness to practice
lawyer. He cannot claim that the CPR does not law, nor shall he, whether in public or private
apply to him [Agpalo (2004)]. life, behave in a scandalous manner to the
discredit of the legal profession.
Penalties for knowing suppression or false
representation of a material fact in the Public confidence in the law and in lawyers
application for admission to the bar: may be eroded by the irresponsible and
1. Disqualification of the applicant from taking improper conduct of a member of the bar.
the bar, if the concealment is discovered Every lawyer should act and comport
before he takes the bar examinations; himself in a manner that promotes public
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! Denying having received the notice to file a v. Insular Life Association, G.R. No. L-25291
brief which is belied by the return card (1971)].
[Ragasajo v. IAC, G.R. No. L-69129
(1987)] The legal profession demands that lawyers
! Presenting falsified documents in court thoroughly go over pleadings, motions and
which he knows to be false [Bautista v. other documents dictated or prepared by them,
Gonzales, A.M. No. 1625 (1990)] typed or transcribed by their secretaries or
! Filing false charges or groundless suits clerks, before filing them with the court. If a
[Retia v. Gorduiz, A.M. No. 1388 (1980)] client is bound by the acts of his counsel, with
! Knowingly alleging an untrue statement of more reason should counsel be bound by the
fact in a pleading [Young v. Batuegas, acts of his secretary who merely follows his
supra] orders [Adez Realty, Inc. v. CA, G.R. No.
! Allowing the use of a forged signature on a 100643 (1992)].
petition filed before a court [Velasco-
Tamaray v. Daquis, A.C. No. 10868 A mere typographical error in the citation of an
(2016)]. authority is not contemptuous. But when
! Anticipating that their Motion for Bail will be misquotation is intended, the lawyer is subject
denied by the court if it found that it had no to disciplinary action [COMELEC v. Nonay, GR
jurisdiction over the person of the accused, No. 144412 (2003)].
respondents craftily concealed the truth by
alleging that accused had voluntarily There is a difference between the academic
surrendered to a person in authority and and judicial standards of writing. While the
was under detention. [Young v. Batuegas, academic publishing model is based on the
AC No. 5379 (2003)] originality of the writer’s thesis, the judicial
system is based on the doctrine of stare
Canon 32, CPE provides that, “A lawyer decisis, which encourages courts to cite
should not render any service or advice to any historical legal data, precedents, and related
client–no matter how powerful or important is studies in their decisions. The judge is not
the cause–which will involve disloyalty to the expected to produce original scholarship in
laws of the country which he is bound to uphold every respect. The strength of a decision lies in
and obey.” the soundness and general acceptance of the
precedents and long held legal opinions it
Rule 10.02. A lawyer shall not knowingly draws from. Justice, not originality, form and
misquote or misrepresent the contents of a style, is the object of every decision of a court
paper, the language or the argument of of law. The reason for individual judges not to
opposing counsel, or the text of a decision or use original or unique language when
authority, or knowingly cite as law a provision reinstating the laws involved in the cases they
already rendered inoperative by repeal or decide is that it is their duty to apply the laws
amendment, or assert as a fact that which has as these are written.
not been proved.
A judge writing to resolve a dispute, whether
In citing the Supreme Court’s decisions, and trial or appellate, is exempted from a charge of
rulings, it is the bounden duty of courts, judges plagiarism even if ideas, words or phrases from
and lawyers to reproduce or copy the same a law review article, novel thoughts published
word-for-word and punctuation mark-for- in a legal periodical or language from a party’s
punctuation mark. Ever present is the danger brief are used without giving attribution. Thus,
that if not faithfully and exactly quoted, the judges are free to use whatever sources they
decisions and rulings may lose their proper and deem appropriate to resolve the matter before
correct meaning, to the detriment of other them, without fear of reprisal. The same rule of
courts, lawyers and the public who may exemption from the charge of plagiarism
thereby be misled [Insular Life Employees Co. should apply as well to practicing lawyers.
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They should not be exposed to charges of by an artifice or false statement of fact or law
plagiarism in what they write so long as they do [Sec. 20 (d), Rule 138, RoC].
not depart, as officers of the court, from the
objective of assisting the Court in the b. Respect for courts and judicial
administration of justice. [In the Matter of officers
Charges of Plagiarism against Justice Del
Castillo, AM No. 10-7-17-SC (2011)].
CANON 11. A lawyer shall observe and
Judges need to answer only to two standards– maintain the respect due to the courts and to
diligence and honesty. By honesty here is judicial officers and should insist on similar
meant that good faith attempt to attribute to the conduct by others.
author his original words and analysis. Even if
a judge has to rely in large part on the drafts of Observing respect due to the courts means
his legal researchers, the work of a diligent and that a lawyer should conduct himself toward
honest judge will never display the severe judges:
plagiarism evident in the Vinuya Decision 1. With the courtesy everyone is entitled to
published under the name of Justice del expect [Paragas v. Cruz, G.R. No. L-24438
Castillo. Analysis shows objective plagiarism (1965)]
viewed through three lenses: 1) extent of 2. With the propriety and dignity required by
unattributed copying belying inadvertence, 2) the courts [Salcedo v. Hernandez, G.R. No.
deliberateness shown by systematic L-42992 (1935)].
commission of plagiarism, and 3) effect
[Dissenting Opinion of Justice Sereno in In the Lawyers are duty bound to uphold the
Matter of Charges of Plagiarism against Justice dignity and authority of the Court, to which
Del Castillo, AM No. 10-7-17-SC (2011)]. they owe their fidelities, and to promote the
administration of justice. Respect to the
Rule 10.03. A lawyer shall observe the rules of courts guarantees the stability of other
procedure and shall not misuse them to defeat institutions [In re: Sotto, 82 Phil 595 (1949)].
the ends of justice.
If a pleading containing derogatory, offensive
and malicious statements is submitted in the
Filing multiple actions constitutes an abuse of
same court or judge in which the proceedings
the court’s processes. Those who file multiple
are pending, it is direct contempt, equivalent to
or repetitive actions subject themselves to
a misbehavior committed in the presence of or
disciplinary action for incompetence or willful
so near a court or judge as to interrupt the
violation of their duties as attorneys to act with
administration of justice. Direct contempt is
good fidelity to the courts, and to maintain only
punishable summarily [In re: Letter of Atty.
such actions that appear to be just and
Sorreda, A.M. No. 5-3-04 (2006)].
consistent with truth and honor [Olivares v.
Villalon, A.C. No. 6323 (2007)].
Liberally imputing sinister and devious motives
and questioning the impartiality, integrity, and
A lawyer should not abuse his right of recourse
authority of the members of the Court result in
to the courts for the purpose of arguing a cause
the obstruction and perversion of the
that had been repeatedly rebuffed [Garcia v.
dispensation of justice [Estrada v.
Francisco, A.C. No. 3923 (1993)].
Sandiganbayan, G.R. No. 148560 (2000)].
It is the duty of an attorney to employ, for
In Bueno v. Raneses, A.M. No. 8383 (2012) the
the purpose of maintaining the causes
lawyer was disbarred because “he maligned
confided to him, such means only as are
the judge and the Judiciary by giving the
consistent with truth and honor, and never
impression that court cases are won, not on the
seek to mislead the judge or any judicial officer
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merits, but through deceitful means – a therefore is the right of a lawyer, both as an
decidedly black mark against the Judiciary.” officer of the court and as a citizen, to
criticize in properly respectful terms and
Rule 11.01. A lawyer shall appear in court through legitimate channels the acts of
properly attired. courts and judges. But it is the cardinal
condition of all such criticism that it shall
be bona fide, and shall not spill over the
Respect begins with the lawyer’s outward walls of decency and propriety. Intemperate
physical appearance in court. Sloppy or and unfair criticism is a gross violation of
informal attire adversely reflects on the lawyer the duty of respect to courts [In Re:
and demeans the dignity and solemnity of court Almacen, supra].
proceedings.
It is human nature that there be bitter feelings
A lawyer who dresses improperly may be cited which often reach to the judge as the source of
with contempt [Agpalo (2004)]. the supposed wrong. A judge, therefore, ought
to be patient, and tolerate everything which
Courts have ordered a male attorney to wear a appears as but a momentary outbreak of
necktie and have prohibited a female attorney disappointment. Lawyers may not be held to
from wearing a hat. However, the permission of too strict an account for words said in the heat
a dress with a hemline five inches above the of the moment, because of chagrin at losing
knee was held to be acceptable as such “had cases, and that the big way is for the court to
become an accepted mode of dress even in condone even contemptuous language. While
places of worship” [“Reviewer on Legal and judges must exercise patience, lawyers must
Judicial Ethics” by Aguirre (2006)]. also observe temperate language as well
[Soriano v. CA, G.R. No. 100633 and 101550
Rule 11.02. A lawyer shall punctually appear at (2001)].
court hearings.
Cf. Rule 8.01 above.
Inexcusable absence from, or repeated
tardiness in, attending a pre-trial or hearing c. Assistance in the speedy and
may subject the lawyer to disciplinary action as efficient administration of
his actions show disrespect to the court and are justice
therefore considered contemptuous behavior
[Agpalo (2004)].
Canon 12. A lawyer shall exert every effort and
consider it his duty to assist in the speedy and
Non-appearance at hearings on the ground
efficient administration of justice.
that the issue to be heard has become moot
and academic is a lapse in judicial propriety [De
Note: asked 11 times in the last 25 years as of
Gracia v. Warden of Makati, G.R. No. L-42032
2017 [Lex Pareto (2017)].
(1976)].
It is the duty of an attorney not to encourage
Rule 11.03. A lawyer shall abstain from either the commencement or the continuance
scandalous, offensive or menacing language or of an action or proceeding or delay any man’s
behavior before the courts. cause from any corrupt motive or interest. [Sec.
20(g), Rule 138, RoC].
Every citizen has the right to comment upon
and criticize the actuations of public officers. The filing of another action containing the same
This right is not diminished by the fact that the subject matter, in violation of the doctrine of res
criticism is aimed at a judicial authority, or that judicata, runs contrary to this canon [Siy Lim v.
it is articulated by a lawyer. Well-recognized Montano, A.C. No. 5653 (2006)].
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Rule 12.01. A lawyer shall not appear for trial the false expectation of getting favorable
unless he has adequately prepared himself on action;
the law and the facts of his case, the evidence he ● Other acts of similar nature [“Legal and
will adduce and the order of its preference. He Judicial Ethics” by Funa (2009)].
should also be ready with the original documents
for comparison with the copies. Rule 12.02. A lawyer shall not file multiple actions
arising from the same cause.
This could be read in conjunction with Rule
18.02. Purpose: There is an affirmative duty of a
lawyer to check against useless litigations. His
Without adequate preparation, the lawyer may signature in every pleading constitutes a
not be able to effectively assist the court in the certificate by him that to the best of his
efficient administration of justice. knowledge there is a good ground to support it
and that it is not to interpose for delay. The
Consequences of Non-Preparation: willful violation of this rule may subject him to
1. The postponement of the pre-trial or appropriate disciplinary action or render him
hearing, which would thus entail delay in liable for the costs of litigation [Agpalo (2004)].
the early disposition of the case;
2. The judge may consider the client non- This Rule prohibits forum shopping.
suited or in default;
3. The judge may consider the case Forum Shopping
submitted for decision without client’s 1. When, as a result or in anticipation of an
evidence, to his prejudice [Agpalo (2004)]. adverse decision in one forum, a party
seeks a favorable opinion in another forum
A newly hired counsel who appears in a case through means other than appeal or
in the midstream is presumed and obliged to certiorari by raising identical causes of
acquaint himself with all the antecedent action, subject matter, and issues.
processes and proceedings that have 2. The institution of involving the same parties
transpired in the record prior to his takeover for the same cause of action, either
[Villasis v. CA, G.R. No. L-34369 (1974)]. simultaneously or successively, on the
supposition that one or the other court
Examples of acts which amount to obstruction would come out with a favorable
in the administration of justice: disposition [Araneta v. Araneta, G.R. No.
● Inadequate preparation; 190814 (2013)].
● Instructing complaining witness in a 3. An indicium of the presence of or the test
criminal action not to appear at the for determining whether a litigant violated
schedule hearing so that the case against the rule against forum shopping is where
the client would be dismissed; the elements of litis pendentia are present
● Asking a client to plead guilty to a crime or where a final judgment in one case will
which the lawyer knows his client did not amount to res judicata in the other case.
commit;
● Advising a client who is detained for crime Requisites of litis pendentia
to escape from prison; 1. Identity of parties, or at least such parties
● Employing dilatory tactics to frustrate as represent the same interests in both
satisfaction of clearly valid claims; actions;
● Prosecuting clearly frivolous cases or 2. Identity of rights asserted and relief prayed
appeals to drain the resources of the other for, the relief being founded on the same
party and compel him to submit out of facts; and
exhaustion; 3. Identity of the two preceding particulars is
● Filing multiple petitions or complaints for a such that any judgment rendered in the
cause that has been previously rejected in pending case, regardless of which party is
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successful, would amount to res judicata in The rule against forum shopping and the
the other [HSBC v. Catalan, G.R. No. requirement that a certification to that effect be
159590 (2004)]. complied with in the filing of complaints,
petitions or other initiatory pleadings in all
Requisites of res judicata courts and agencies applies to quasi-judicial
1. There be a decision on the merits; bodies, such as the NLRC or Labor Arbiter
2. It be decided by a court of competent [Agpalo (2004)].
jurisdiction;
3. The decision is final; and Rule 12.03. A lawyer shall not, after obtaining
4. The two actions involved identical parties, extensions of time to file pleadings, memoranda
subject matter, and causes of action. or briefs, let the period lapse without submitting
the same or offering an explanation for his failure
Sec. 5, Rule 7, RoC requires that a certificate to do so.
against forum shopping be executed that:
1. Plaintiff or principal party has not The court censures the practice of counsels
theretofore commenced any action or filed who secures repeated extensions of time to
any claim involving the same issues in any file their pleadings and thereafter simply let
court, tribunal or quasi-judicial agency and, the period lapse without submitting the
to the best of his knowledge, no such other pleading on even an explanation or
action or claim is pending therein; if there manifestation of their failure to do so. There
is such other pending action or claim, a exists a breach of duty not only to the court but
complete statement of the present status also to the client [Achacoso v. CA, G.R. No. L-
thereof; 35867 (1973)].
2. If he should thereafter learn that the same
or similar action or claim has been filed or Postponement is not a matter of right but of
is pending, he shall report that fact within sound judicial discretion. [Edrial v. Quilat-
five days there from to the court wherein his Quilat, GR No. 133625 (2000)].
aforesaid complaint or initiatory pleading
has been filed. Rule 12.04. A lawyer shall not unduly delay a
case, impede the execution of a judgment or
Failure to comply with the foregoing misuse court processes.
requirements shall not be curable by mere
amendment of the complaint or other initiatory It is one thing to exert to the utmost one’s ability
pleading but shall be cause for the dismissal of to protect the interest of one’s client. It is quite
the case without prejudice, unless otherwise another thing to delay if not defeat the recovery
provided, upon motion after hearing. of what is justly due and demandable due to
the misleading acts of a lawyer [Manila Pest
Submission of a false certification or non- Control v. WCC, G.R. No. L-27662 (1968)].
compliance with any of the undertakings in a
certification of non-forum shopping shall Once a judgment becomes final and executory,
constitute indirect contempt of court, without the prevailing party should not be denied the
prejudice to the corresponding administrative fruits of his victory by some subterfuge devised
and criminal actions. by the losing part. Unjustified delay in the
enforcement of a judgment sets at naught
If acts of the party or his counsel constitute the role of courts in disposing justiciable
willful and deliberate forum shopping: controversies with finality [Aguilar v. Manila
1. Be a ground for summary dismissal with Banking Corporation, G.R. No. 157911 (2006)].
prejudice;
2. Constitute direct contempt; If a lawyer is honestly convinced of the futility
3. Be a cause for administrative sanctions. of an appeal in a civil suit, he should not
hesitate to inform his client that mostly likely the
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verdict will not be altered. A lawyer should Rights of Witnesses [Sec. 3, Rule 132, RoC]
temper his client’s desire to seek appellate 1. To be protected from irrelevant, improper
review [Agpalo (2004)]. or insulting questions and from a harsh or
insulting demeanor;
Rule 12.05. A lawyer shall refrain from talking to 2. Not to be detained longer than the interests
his witness during a break or recess in the trial, of justice require
while the witness is still under examination. 3. Not to be examined except as to matters
pertinent to the issues before the court;
Purpose: To prevent the suspicion that he is 4. Not to give an answer which will tend to
coaching the witness what to say during the subject him to a penalty for an offense
resumption of the examination; to uphold and unless otherwise provided by law;
maintain fair play with the other party and to 5. Not to give an answer which will tend to
prevent the examining lawyer from being degrade the witness’ reputation, but a
tempted to coach his own witness to suit his witness must answer the fact of any
purpose [“Legal and Judicial Ethics Reviewer” previous final conviction for a criminal
by Callanta]. offense.
Rule 12.06. A lawyer shall not knowingly assist a It was highly inconsiderate for the prosecutor
witness to misrepresent himself or to impersonate and the defense counsel to trade quips at the
another. precise time the victim was reliving her
harrowing experience. Levity has no place in
While a lawyer may interview witnesses in the courtroom during the examination of the
advance of trial or attend to their needs if victim of rape and at her expense. [People v.
needed, the lawyer should avoid any action as Nuguid, GR No. 148991 (2004)]
may be misrepresented as an attempt to
influence the witness what to say in court Rule 12.08. A lawyer shall avoid testifying in
[Agpalo (2004)]. behalf of his client, except:
a) On formal matters, such as the mailing,
The lawyer who presented a witness knowing authentication or custody of an instrument,
him to be a false witness is criminally liable for and the like; or
offering false testimony in evidence. The b) On substantial matters, in cases where his
lawyer is both criminally and administratively testimony is essential to the ends of justice,
liable [Art. 184, Revised Penal Code in which event he must, during his testimony,
(hereinafter, RPC)]. entrust the trial of the case to another
counsel.
Subornation of perjury is committed by a
person who knowingly and willfully procures Purpose: The underlying reason for the
another to swear falsely and the witness impropriety of a lawyer acting in such dual
suborned [or induced] does testify under capacity lies in the difference between the
circumstances rendering him guilty of perjury function of a witness and that of an advocate.
[US v. Ballena, G.R. No. L-6294 (1911)]. The function of a witness is to tell the facts as
he recalls then in answer to questions. The
Rule 12.07. A lawyer shall not abuse, browbeat function of an advocate is that of a partisan. It
or harass a witness nor needlessly inconvenience is difficult to distinguish between the zeal of an
him. advocate and the fairness and impartiality of a
disinterested witness. The lawyer will find it
hard to disassociate his relation to his client as
an attorney and his relation to the party as a
witness [Agpalo (2004)].
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When a lawyer may not testify as witness: The Court will not hesitate in future similar
1. When such would adversely affect any situations to apply the full force of the law and
lawful interest of the client with respect to punish for contempt those who attempt to
which confidence has been reposed on pressure the Court into acting one way or the
him; other in any case pending before it.
2. When, having accepted a retainer, he is to Grievances, if any, must be ventilated through
testify AGAINST his client; the proper channels, i.e., through appropriate
3. When he will serve conflicting interests; petitions, motions or other pleadings in keeping
4. When he is to violate confidentiality; with the respect due to the Courts as impartial
5. When as an attorney, he is to testify on the administrators of justice entitled to "proceed to
theory of the case. the disposition of its business in an orderly
manner, free from outside interference
When a lawyer may testify as witness: obstructive of its functions and tending to
1. Formal matters – mailing, authentication, embarrass the administration of justice." The
custody of an instrument; right of petition is conceded to be an inherent
2. As an expert on his fee; right of the citizen under all free governments.
3. Acting as an Arbitrator; However, such right, natural and inherent
4. Deposition; though it may be, has never been invoked to
5. On substantial matters where his testimony shatter the standards of propriety entertained
is essential to the ends of justice, in which for the conduct of courts … Moreover, "parties
case he must entrust the trial of the case to have a constitutional right to have their causes
another counsel [PNB v. Uy Teng Piao, tried fairly in court by an impartial tribunal,
G.R. No. L-35252 (1932)] uninfluenced by publication or public clamor.
Every citizen has a profound personal interest
d. Reliance on merits of case, not in the enforcement of the fundamental right to
on impropriety tending to have justice administered by the courts, under
the protection and forms of law free from
influence the courts outside coercion or interference" [Nestle
Philippines, Inc. v. Sanchez, G.R. No. 75209
CANON 13. A lawyer shall rely upon the merits of (1987)].
his cause and refrain from any impropriety which
tends to influence or gives the appearance of
Rule 13.01. A lawyer shall not extend
influencing the court.
extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
Note: asked 11 times in the last 25 years as of
2017 [Lex Pareto (2017)].
Marked attention and unusual hospitality on the
part of a lawyer to a judge, uncalled for by the
The judiciary, as the branch of government
personal relations of the parties, subject both
tasked to administer justice, to settle
the judge and the lawyer to misconstructions of
justiciable controversies or disputes
motive and should be avoided [Canon 3, CPE].
involving enforceable and demandable
rights, and to afford redress of wrongs for
In order to not subject both the judge and the
the violation of said rights must be allowed
lawyer to suspicion, the common practice of
to decide cases independently, free of
some lawyers of making judges and
outside influence or pressure [In Re:
prosecutors godfathers of their children to
Published Alleged Threats against Members of
enhance their influence and their law practice
the Court in the Plunder Law Case Hurled by
should be avoided by judges and lawyers alike
Atty. Leonard De Vera, A.M. No. 01-12-03-SC
[IBP Committee].
(2002)].
It is improper for a litigant or counsel to see a
judge in chambers and talk to him about a
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matter related to the case pending in the court broadcast should be delayed. In so doing,
of said judge [Austria v. Masaquel, G.R. No. L- concerns that those taking part in the
22536 (1967)]. proceedings will be playing to the cameras and
will thus be distracted from the proper
It is highly improper for a judge to meet performance of their roles – whether as
privately with an accused who has a pending counsel, witnesses, court personnel, or judges
case before him, without the presence of other – will be allayed.
party [Gallo v. Cordero, A.M. No. MTJ095-1035
(1995)]. In order to warrant a finding of prejudicial
publicity, there must be an allegation and proof
Rule 13.02. A lawyer shall not make public that the judges had been unduly influenced, not
statements in the media regarding a pending simply that they might be [People v.
case tending to arouse public opinion for or Teehankee Jr., G.R. No. 111206-08, (1995),
against a party. Martelino v. Alejandro, G.R. No. L-30894
(1970)].
Purpose: Newspaper publications regarding a
pending or anticipated litigation may interfere In Foodsphere, Inc. v. Mauricio, the Supreme
with a fair trial, prejudice the administration of Court found that the respondent lawyer
justice, or subject a respondent or an accused violated Rule 13.02 “for despite the pendency
to a trial by publicity and create a public of the civil case against him and the issuance
inference of guilt against him [Agpalo (2004)]. of a status quo order restraining/enjoining
further publishing, televising and broadcasting
Making public statements in the media of any matter relative to the complaint of CDO,
regarding a pending case which tends to respondent continued with his attacks against
arouse public opinion for or against a party may complainant and its products” [A.C. No. 7199
constitute indirect contempt [Sec. 3, Rule 71, (2009)].
RoC].
Rule 13.03. A lawyer shall not brook or invite
In the original decision of the Supreme Court in interference by another branch or agency of the
Re: Request Radio-TV Coverage of the Trial in government in the normal course of judicial
the Sandiganbayan of the Plunder Cases proceedings.
against Former President Joseph Estrada,
A.M. No. 01-4-03-SC (2001), it was held that Purpose: The rule is based upon the principle
the propriety of granting or denying the petition of separation of powers [Aguirre (2006)]. It also
involves the weighing out of the constitutional endangers the independence of the judiciary
guarantees of freedom of the press and the [IBP Committee].
right to public information, on the one hand,
and the fundamental rights of the accused, on 4. To the Clients (Canons 14-22)
the other hand, along with the constitutional
power of a court to control its proceedings in
The attorney-client relationship is:
ensuring a fair and impartial trial. It was held
a. Strictly personal;
that when these rights race against one
another, the right of the accused must be b. Highly confidential;
preferred to win, considering the possibility of c. Fiduciary.
losing not only the precious liberty but also the
very life of an accused. A written contract, although the best evidence
to show the presence of an attorney-client
In the resolution of the motion for relationship, is not essential for the
reconsideration, the Supreme Court allowed employment of an attorney.
the video recording of proceedings, but
provided that the release of the tapes for
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2, R.A. 6033 (An Act Requiring Courts to It is the duty of an attorney, in the defense of a
Give Preference to Criminal Cases Where person accused of a crime, by all fair and
the Party or Parties Involved are Indigents)] honorable means, regardless of his personal
2. A person who has no visible means of opinion as to the guilt of the accused, to
support or whose income does not present every defense that the law permits, to
exceed P300.00 per month or whose the end that no person may be deprived of life
income even in excess of P300.00 per or liberty, but by due process of law [Sec. 20(i),
month is insufficient for the Rule 138, RoC].
subsistence of his family [Sec. 2, R.A. No.
6035 (An Act Requiring Stenographers to ii. Services as Counsel de Officio
Give Free Transcript of Notes to Indigent
and Low Income Litigants and Providing a Rule 14.02. A lawyer shall not decline, except for
Penalty for the Violation Thereof)]. serious and sufficient cause, an appointment as
counsel de officio or as amicus curiae, or a
Laws on indigents or low income litigants: request from the Integrated Bar of the Philippines
1. All courts shall give preference to the or any of its chapters for rendition of free legal aid.
hearing and/or disposition of criminal cases
where an indigent is involved either as the It is the duty of an attorney never to reject, for
offended party or accused [Sec. 1, R.A. No. any consideration personal to himself, the
6033] cause of the defenseless or oppressed [Sec.
2. Any indigent litigant may, upon motion, ask 20(h), Rule 138].
the Court for adequate travel allowance to
enable him and his indigent witnesses to A court may assign an attorney to render
attend the hearing of a criminal case professional aid free of charge to any party
commenced by his complaint or filed in a case, if upon investigation it appears that
against him. The allowance shall cover the party is destitute and unable to employ an
actual transportation expenses by the attorney, and that the services of counsel are
cheapest means from his place of necessary to secure the ends of justice and to
residence to the court and back. When the protect the rights of the party. It shall be the
hearing of the case requires the presence duty of the attorney so assigned to render the
of the indigent litigant and/or his indigent required service, unless he is excused
witnesses in court the whole day or for two therefrom by the court for sufficient cause
or more consecutive days, allowances shown [Sec. 31, Rule 138].
may, in the discretion of the Court, also
cover reasonable expenses for meal and Counsel de officio – One appointed or
lodging [Sec. 1, R.A. 6034 (An Act assigned by the court.
Providing Transportation and Other
Allowances for Indigent Litigants)]. Counsel de parte – One employed or retained
by the party himself.
This Canon could be read in conjunction with
Rule 2.01. Amicus Curiae – A friend of the court; a
person with strong interest in or views on the
i. Services Regardless of a Person’s Status subject matter of an action, but not a party to
the action. They commonly file briefs
Rule 14.01. A lawyer shall not decline to concerning matters of broad public interest.
represent a person solely on account of the
latter’s race, sex, creed or status of life, or Who may be appointed as counsel de
because of his own opinion regarding the guilt of officio in criminal cases:
said person. 1. A member of the bar in good standing who,
by reason of their experience and ability,
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can competently defend the accused [Sec. c. Has signed the notice of appeal
7, Rule 116, RoC] himself, the clerk of Court of Appeals
2. In localities without lawyers: shall designate a counsel de officio.
a. Any person, resident of the province d. An appellant who is not confined in
and of good repute for probity and prison may, upon request, be assigned
ability [Sec. 7, Rule 116, RoC]; a counsel de officio within ten days
Note: In relation to Sec. 34, Rule 138, from receipt of the notice to file brief
RoC this is only allowed in the and he establishes his right thereto
municipal trial court. [Sec. 2, Rule 124, RoC]
b. A municipal judge or a lawyer
employed in any branch, subdivision or iii. Valid Grounds for Refusal to Serve
instrumentality of the government
within the province [Sec. 1, PD 543 Rule 14.03. A lawyer may not refuse to accept
(Authorizing the Designation of representation of an indigent client unless:
Municipal Judges and Lawyers in any a) He is in no position to carry out the work
Branch of the Government Service to effectively or competently;
Act as Counsel De Officio for the b) He labors under a conflict of interest between
Accused Who Are Indigent in Places him and the prospective client or between a
Where There Are No Available present client and the prospective client
Practicing Attorneys)].
Reason: One of the burdens of the privilege to
Considerations in the appointment of a counsel practice law is to render, when so required by
de officio: the court, free legal services to an indigent
1. Gravity of the offense; litigant.
2. Difficulty of the questions that may arise;
3. Experience and ability of the appointee. Even if the lawyer does not accept a case, he
shall not refuse to render legal advice to the
When the court may appoint a counsel de person concerned if only to the extent
officio (in criminal actions): necessary to safeguard the latter’s rights. [Rule
1. Before arraignment, the court shall inform 2.02, Canon 2, CPR]
the accused of his right to counsel and ask
him if he desires to have one. Unless the Rule 14.04. A lawyer who accepts the cause of a
accused is allowed to defend himself in person unable to pay his professional fees shall
person or has employed counsel of his observe the same standard of conduct governing
choice, the court must assign a counsel de his relations with paying clients.
officio to defend him, [Sec. 6, Rule 116,
RoC]; Neither the amount of attorney's fees nor the
2. It is the duty of the clerk of the trial court, client's financial ability to pay such fees should
upon filing of a notice of appeal, to serve as the test to determine the extent of the
ascertain from the appellant, if confined in lawyer's devotion to his client’s cause [Agpalo
prison, whether he desires the Regional (2004)].
Trial Court, Court of Appeals or the
Supreme Court to appoint a counsel de If a lawyer volunteers his services to a
officio [Sec. 13, Rule 122, RoC]; client, and is therefore not entitled to
3. The clerk of the CA shall designate a attorney’s fees, he is still bound to attend to
counsel de officio if it appears from the a client’s case with all due diligence and
case record that: zeal [Blanza v. Arcangel, A.C. No. 492 (1967)].
a. The accused is confined in prison,
b. Is without counsel de parte on appeal, Pursuant to A.M. No. 08-11-7-SC IRR (2009),
or clients of the National Legal Aid Committee
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and the IBP local chapter’s legal aid offices are i. Confidentiality Rule
exempted from the payment of legal fees.
Purpose: To protect the client from possible
Under Sec. 16-D, R.A. No. 9406 (An Act breach of confidence as a result of a
Reorganizing and Strengthening the Public consultation with a lawyer [Hadjula v.
Attorney's Office (PAO)), clients of the PAO are Madianda, A.C. No. 6711 (2007)]
exempted from paying docket and other fees
incidental to institution actions in court and Confidential communication – Information
other quasi-judicial bodies. transmitted by voluntary act of disclosure
between attorney and client in confidence and
See also: by means which so far as the client is aware,
1. R.A. No. 6033: AN ACT REQUIRING discloses the information to no third person
COURTS TO GIVE PREFERENCE TO other than one reasonably necessary for the
CRIMINAL CASES WHERE THE PARTY transmission of the information or the
OR PARTIES INVOLVED ARE accomplishment of the purpose for which it was
INDIGENTS given [Mercado v. Vitriolo, A.C. No. 5108
2. R.A. No. 6034: AN ACT PROVIDING (2005)].
TRANSPORTATION AND OTHER
ALLOWANCES FOR INDIGENT Confidence of
LITIGANTS Secrets of Clients
Clients
3. R.A. No. 6035: AN ACT REQUIRING
STENOGRAPHERS TO GIVE FREE Refer to information
TRANSCRIPT OF NOTES TO INDIGENT gained in the
Refer to
AND LOW INCOME LITIGANTS AND professional relationship
information
PROVIDING A PENALTY FOR THE that the client has
protected by
VIOLATION THEREOF requested to be held
attorney-client
4. R.A. No. 6036: AN ACT PROVIDING inviolate or the
privilege under
THAT BAIL SHALL NOT, WITH CERTAIN disclosure of which
the Rules of Court
EXCEPTIONS, BE REQUIRED IN CASES would be embarrassing
(i.e., information
OF VIOLATIONS OF MUNICIPAL OR or would likely be
pertinent to the
CITY ORDINANCES AND IN CRIMINAL detrimental to the client
case being
OFFENSES WHEN THE PRESCRIBED (i.e., information not
handled).
PENALTY FOR SUCH OFFENSES IS exactly pertinent to the
NOT HIGHER THAN ARRESTO MAYOR case).
AND/OR A FINE OF TWO THOUSAND
PESOS OR BOTH Communication may be transmitted by any
form of agency, such as a messenger, an
b. Candor, Fairness and Loyalty to interpreter or any other form of transmission. It
Clients is immaterial whether the agent is the agent of
the attorney, the client or both.
CANON 15. A lawyer shall observe candor,
fairness and loyalty in all his dealings and Question of privilege is determined by the
transactions with his clients. court. The burden of proof is on the party
who asserts the privilege.
Note: Canon 15 is the top source of Questions
on the CPR. It was asked 31 times in the last
25 years as of 2017 [Lex Pareto (2017)].
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revealing the client’s name, the said name intended by the client to be sent to a third
would furnish the only link that would form person through his attorney loses confidential
the chain of testimony necessary to convict character once it reaches the third party).
an individual of a crime [Regala v.
Sandiganbayan, G.R. No. 105938 (1996)]. Examples of privileged matters:
● Work product of lawyer (his effort, research
Purposes: and thought contained in his file);
1. The court has a right to know that the client ● Report of a physician, an accountant, an
whose privileged information is sought to engineer or a technician, whose services
be protected is flesh and blood. have been secured by a client as part of his
2. The privilege begins to exist only after the communication to his attorney or by the
attorney-client relationship has been attorney to assist him in rendering effective
established. The attorney-client privilege legal assistance to his client;
does not attach unless there is a client. ● Records concerning an accident in which a
3. The privilege generally pertains to the party is involved;
subject matter of the relationship. ● Consultation which has to do with the
4. Due process considerations require that preparation of a client to take the witness
the opposing party should, as a general stand.
rule, know his adversary [Regala v.
Sandiganbayan, supra]. Betrayal of trust: revelation of secrets
Any attorney-at-law who, by any malicious
Information relating to the identity of the client breach of professional duty or of inexcusable
may fall within the ambit of the privilege when negligence or ignorance shall prejudice his
the client’s name itself has an independent client or reveal any of the secrets learned by
significance, such that disclosure would then him in his professional capacity shall be
reveal client confidences [Regala v. criminally liable [Art. 209, RPC].
Sandiganbayan, supra].
iii. Conflict of Interest
General rule: The protection given to the client
is perpetual and does not cease with the Rule 15.01. A lawyer, in conferring with a
termination of the litigation, nor is it affected by prospective client, shall ascertain as soon as
the client’s ceasing to employ the attorney and practicable whether the matter would involve a
retaining another, or by any other change of conflict with another client or his own interest, and
relation between them. It even survives the if so, shall forthwith inform the prospective client.
death of the client [Bun Siong Yao v. Aurelio,
A.C. No. 7023 (2006)] Rule 15.03. A lawyer shall not represent
conflicting interests except by written consent of
Canon 21 enjoins a lawyer to preserve the all concerned given after a full disclosure of the
confidence and secrets of his client even after facts.
the attorney-client relation is terminated. The
privilege continues even after the termination The rule prohibiting conflict of interest was
of the attorney-client relationship. It outlasts the fashioned to prevent situations wherein a
lawyer’s engagement. It ceases only when lawyer would be representing a client whose
waived by the client himself or after his death, interest is directly adverse to any of his present
by his heir or representative. [Baldwin v. CIR or former clients [Tulio v. Buhangin, A.C. No.
(1942)] 7110, (2016)].
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action or in totally unrelated cases [Orola v. claim, but it is his duty to oppose it for the
Ramos, A.C. No. 9860 (2013)]. other client [Hornilla v. Salunat, supra].
4. Whether the lawyer will be asked to use
There is conflict of interest when a lawyer against his former client any confidential
represents inconsistent interests of two or information acquired through their
more opposing parties [Hornilla v. Salunat, connection or previous employment [Palm
A.C. No. 5804 (2003)]. v. Iledan, Jr., A.C. No. 8242 (2009)]
Lawyers are expected not only to keep The test to determine whether there is a
inviolate the client’s confidence, but also to conflict of interest in the representation is
avoid the appearance of treachery and double- probability, not certainty, of conflict.
dealing for only then can litigants be
encouraged to entrust their secrets to their General rule: Representing adverse interest
lawyers, which is of paramount importance in may result in:
the administration of justice [Gonzales v. 1. Disqualification as counsel in the new
Cabucana, A.C. No. 6836 (2006)]. case;
2. If prejudicial to interests of latter client,
Where a lawyer is disqualified from appearing setting aside of a judgment;
as counsel in a case because of conflict of 3. Administrative and criminal (for betrayal of
interest with the law firm of which he is a trust) liability;
member, any member, associate, or assistant 4. Forfeiture of attorney’s fees.
therein is similarly disqualified or prohibited
from so acting. [Hilado v. David, G.R. No. L-961 Exception: Representation of conflicting
(1949)]. interests is allowed where clients knowingly
consent to the dual representation.
Requisites:
1. There are conflicting duties; Exception to the exception: A lawyer cannot
2. The acceptance of the new relations invites continue representing a client in an action even
or actually leads to unfaithfulness or with the client’s consent after the lawyer brings
double-dealing to another client; or suit in his own behalf, against the defendant if
3. The attorney will be called upon to use it is uncertain whether the defendant will be
against his first client any knowledge able to satisfy both judgments. A lawyer is not
acquired in the previous employment. authorized to have financial stakes in the
subject matter of the suit brought in behalf of
Tests of conflict of interest his client. [Gamilla v. Marino Jr, AC No. 4763,
1. Whether the acceptance of a new relation (2003)]
will prevent an attorney from the full
discharge of his duty of undivided fidelity Rule 15.04. A lawyer may, with the written
and loyalty to his client or invite suspicion consent of all concerned, act as mediator,
of unfaithfulness or double-dealing in its conciliator or arbitrator in settling disputes.
performance.
2. If the acceptance of the new retainer will An attorney’s knowledge of the law and his
require the attorney to perform an act which reputation for fidelity may make it easy for the
will injuriously affect his first client in any disputants to settle their differences amicably.
matter in which he represented him and However, he shall not act as counsel for any of
also whether he will be called upon in his them. [Agpalo (2004)]
new relation to use against the first client
any knowledge acquired through their General rule: A lawyer may not represent two
connection. opposing parties at any point in time. A lawyer
3. Whether or not on behalf of one client, it is need not be the counsel-of-record of either
the lawyer’s duty to fight for an issue or
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party. It is enough that the counsel had a hand vi. Concurrent Practice with Another
in the preparation of the pleading of one party. Profession
Exception: When the parties agree AND when Rule 15.08. A lawyer who is engaged in another
such is for amicable settlement [Agpalo profession or occupation concurrently with the
(2004)]. practice of law shall make clear to his client
whether he is acting as a lawyer or in another
iv. Candid and Honest Advice to Clients capacity.
Rule 15.05. A lawyer when advising his client Exercise of dual profession is not prohibited but
shall give a candid and honest opinion on the a lawyer must make it clear when he is acting
merits and probable results of the client’s case, as a lawyer or when he is acting in another
neither overstating nor understating the capacity, especially in occupations related to
prospects of the case. the practice of law [In re: Rothman, 12 N.J. 528
(1953)].
A lawyer is bound to give his candid and
honest opinion on the merit or lack of merit Purpose: Certain ethical considerations may
of a client’s case, neither overstating nor be operative in one profession and not in the
understating the prospect of the case. He other [Agpalo (2004)].
should also give an honest opinion as to the
probable results of the case [Agpalo (2004)]. Impropriety rises only when the business is
conducted in a manner inconsistent with his
Lawyers are not merely hired employees who duties as a member of the bar [IBP Committee].
must unquestionably do the bidding of the
client, however unreasonable this may be, A lawyer is not barred from dealing with his
when tested by their own expert appreciation of client, but the business transaction must be
the facts, applicable law and jurisprudence. characterized with utmost honesty and
Counsel must counsel [Periquet v. NLRC, G.R. good faith. Business transactions between an
No. 91298 (1990)]. attorney and his client are disfavored and
discouraged by policy of law because by virtue
v. Compliance with Laws of a lawyer’s office, he is in an easy position to
take advantage of the credulity and ignorance
Rule 15.07. A lawyer shall impress upon his client of his client. Thus, there is no presumption of
compliance with the laws and principles of innocence or improbability of wrongdoing in
fairness. favor of lawyers [Nakpil v. Valdez, A.C. No.
2040 (1998)].
It is the duty of an attorney to counsel or
maintain such actions or proceedings only as c. Client’s Moneys and Properties
appear to him to be just, and such defenses
only as he believes to be honestly debatable CANON 16. A lawyer shall hold in trust all
under the law [Sec. 20(c), Rule 138, RoC]. moneys and properties of his client that may
come into his possession.
A lawyer is required to represent his client
within the bounds of law. He is enjoined to Lawyers cannot acquire or purchase, even at a
employ only fair and honest means to attain the public or judicial auction, either in person or
lawful objectives of his client and not to allow through the mediation of another, the property
his client to dictate the procedure in handling and rights which may be the object of any
the case. litigation in which they take part by virtue of
their profession [Art. 1491(5), Civil Code].
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The canon presumes that the client is The prohibition applies in the following:
disadvantaged by the lawyer’s ability to use all ● Redemption, compromise and
the legal maneuverings to renege on her renunciation of the subject in litigation;
obligation [Frias v. Lozada, A.C. No. 6656 ● Lease;
(2005)]. ● Assignment of rights over a property in
consideration of legal service while the
The profession demands from the attorney an case is pending [Ordonio v. Eduarte, AC
absolute abdication of every personal No. 3216, (1992)].
advantage conflicting in any way, directly or
indirectly, with the interest of his client The prohibition does not apply in the following:
[Barnachea v. Quiocho, A.C. No. 5925 (2003)]. ● Where the property purchased by the
lawyer was not involved in litigation;
A lawyer who borrows jewelry from his client in ● Where the sale took place before it became
order to obtain and appropriate for himself the involved in the suit;
proceeds from a pledge is liable under this ● Where the attorney at the time of the
canon [Yu v. Dela Cruz, A.C. No. 10912 purchase was not the counsel in the case;
(2016)]. ● Where the purchaser of the property in
litigation was a corporation, despite the
A lawyer is prohibited from lending money attorney being an officer thereof;
to his client. ● Where the sale took place after the
termination of the litigation, the lawyer may
Purpose: The canon intends to assure the accept an assignment from his client of a
lawyer’s independent professional judgment, money judgment rendered in the client’s
for if the lawyer acquires a financial interest in favor in a case in which he was not the
the outcome of the case, the free exercise of counsel, as payment for professional
his judgment may be adversely affected services performed in another case.
[Agpalo (2004)].
d. Fidelity to Client’s Cause
Exception: When, in the interest of justice, he
has to advance necessary expenses in a legal
(See Part f., Canon 19 for i. Use of fair and
matter he is handling.
honest means, ii. Client’s fraud, iii. Procedure
in handling cases)
Prohibition against purchase of “property
in litigation”
CANON 17. A lawyer owes fidelity to the cause
The following persons cannot acquire by of his client and he shall be mindful of the trust
purchase, even in a public action, either in and confidence reposed in him.
person or through the mediation of another,
property and rights in litigation, before the court The failure to exercise due diligence and the
within whose jurisdiction, they exercise their abandonment of a client’s cause make such a
respective functions: [Art. 1491, Civil Code]: lawyer unworthy of the trust which the client
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e. Competence and Diligence Rule 18.03. A lawyer shall not neglect a legal
matter entrusted to him, and his negligence in
CANON 18. A lawyer shall serve his client with connection therewith shall render him liable.
competence and diligence.
If by reason of the lawyer’s negligence, actual
A lawyer must exercise ordinary diligence loss has been caused to his client, the latter
or that reasonable degree of care and skill has a cause of action against him for damages
having reference to the character of the [Callanta].
business he undertakes to do, as any other
member of the bar similarly situated commonly General rule: A client is bound by the
possesses and exercises [Pajarillo v. WCC, attorney’s conduct, negligence and mistake
G.R. No. L-42927 (1980)]. in handling the case or in management of
litigation and in procedural technique, and
In the absence of evidence on the contrary, he cannot be heard to complain that the result
however, a lawyer is presumed to be prompt might have been different had his lawyer
and diligent in the performance of his proceeded differently.
obligations and to have employed his best ● Doctrine of Imputed Knowledge: Notice
efforts, learning, and ability in the protection of to counsel is notice to client.
his client’s interests and in the discharge of his
duties as an officer of the court [Agpalo (2004)]. Exceptions: The client is not so bound where
the ignorance, incompetence or inexperience
i. Adequate Preparation of a lawyer is so great and error so serious that
the client, who has good cause, is prejudiced
Rule 18.02. A lawyer shall not handle any legal and denied a day in court [People v.
matter without adequate preparation. Manzanilla, G.R. No. L-17436 (1922); Alarcon
v. CA, G.R. No. 126802 (2000)]
A lawyer should safeguard his client’s rights
and interests by thorough study and Examples of lawyer’s negligence:
preparation, mastering applicable law and facts ● Failure of counsel to ask for additional time
involved in a case, and keeping constantly to answer a complaint resulting in a default
abreast of the latest jurisprudence and judgment against his client (Mapua v.
developments in all branches of the law Mendoza, G.R. No. L-19295 (1923)]
[Agpalo (2004)].
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● Failure to ascertain date of receipt from the A collaborating counsel is a lawyer who is
post office of notice of decision resulting in subsequently engaged to assist another lawyer
the non-perfection of the appellant’s appeal already handling a particular case for a client.
[Joven-De Jesus v. PNB, G.R. No. L-19299 He cannot just enter his appearance as
(1964)] collaborating counsel without the conformity of
● Failure to file briefs within the reglementary the first counsel.
period [People v. Cawili, G.R. No. L-30543,
(1970)] The same diligence of the first counsel is
● Failure to attend a trial without filing a required of the collaborating counsel [Sublay v.
motion for postponement or without NLRC, G.R. No. 130104 (2000)].
requesting either of his two partners in the
law office to take his place and appear for iv. Duty to Apprise Client
the defendants [Gaerlan v. Bernal, G.R.
No. L-4039 (1952)] Rule 18.04. A lawyer shall keep the client
● Failure to appear at pre-trial [Agravante v. informed of the status of his case and shall
Patriarca, G.R. No. L-48324 (1990)] respond within a reasonable period of time to
● Failure of counsel to notify clients of the client’s request for information.
scheduled trial which prevented the latter
to look for another lawyer to represent them Duty to Keep the Client Fully Informed
while counsel was in the hospital [Ventura 1. The client must receive from the lawyer, full
v. Santos, 59 Phil. 123 (1993)] and periodic updates on the developments
affecting the case;
iii. Collaborating Counsel 2. The lawyer should apprise the client of the
mode and the manner which he is utilizing
Rule 18.01. A lawyer shall not undertake a legal to defend the clients’ interests;
service which he knows or should know that he is 3. The lawyer must advise the client of the
not qualified to tender. However, he may render risks, alternatives and their consequences;
such service if, with the consent of his client, he and
can obtain as collaborating counsel a lawyer who 4. The client must be informed within the
is competent on the matter. period to appeal to enable him to decide
whether or not he will still seek appellate
When a lawyer accepts a case, whether for a review of an adverse decision.
fee or not, his acceptance is an implied
representation: Even if the lawyer was honestly and sincerely
1. That he possesses the requisite degree of protecting the interests of his client, he still
academic learning, skill and ability does not have the right to waive the appeal
necessary in the practice of his profession; without the knowledge and consent of his client
2. That he will exert his best judgment in the [Abay v. Montesino, A.C. No. 5718 (2003)].
prosecution or defense of the litigation
entrusted to him; The client should not, however, sit idly by. It is
3. That he will exercise ordinary diligence or also his duty to make proper inquiries from his
that reasonable degree of care and skill counsel concerning his case, in keeping with
demanded of the business he undertakes that standard of care which an ordinarily
to do, to protect the client’s interests and prudent man bestows upon his important
take all steps or do all acts necessary business [Agpalo (2004)].
thereof [Uy v. Tansinsin, A.C. No. 8252
(2009)]; and
4. That he will take steps as will adequately
safeguard his client’s interests. [Islas v.
Platon, G.R. No. L-23183 (1924)]
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f. Representation with Zeal Within event the latter fails or refuses to rectify the
Legal Bounds fraud. The lawyer may not volunteer the
information concerning the client’s commission
of fraud to anyone, as it will violate his
CANON 19. A lawyer shall represent his client
obligation to maintain the client’s secrets
with zeal within the bounds of the law.
undisclosed [Agpalo (2004)].
A lawyer’s duty is not to his client but to the
iii. Procedure in Handling a Case
administration of justice; To that end, his
client’s success is wholly subordinate and
Rule 19.03. A lawyer shall not allow his client to
his conduct ought to and must always be
dictate the procedure on handling the case.
unscrupulously observant of law and ethics
[Magsalang v. People, G.R. No. 90083,
(1990)]. Within client’s Within counsel’s
control control
i. Use of Fair and Honest Means
Substantial Aspect Procedural Aspect
Rule 19.01. A lawyer shall employ only fair and All the proceedings
honest means to attain the lawful objectives of his in court to enforce
client and shall not present, participate in the remedy, to bring
presenting or threaten to present unfounded the claim, demand,
criminal charges to obtain an improper advantage cause of action, or
in any case or proceeding. The cause of action,
subject matter of the
the claim or demand
suit to hearing, trial,
It is the duty of an attorney to employ, for the sued upon, and the
determination,
purpose of maintaining the causes confided to subject matter of the
judgment, and
him, such means only as are consistent with litigation are all within
execution, are within
truth and honor, and never seek to mislead the the exclusive control
the exclusive control
judge or any judicial officer by an artifice or of a client.
of the attorney
false statement of fact or law [Sec. 20(d), Rule [Belandres v. Lopez
138, RoC]. Sugar Central Mill,
G.R. No. L-6869
A lawyer should not file or threaten to file any (1955)].
unfounded or baseless criminal case or cases
against the adversaries of his client designed
to secure a leverage to compel adversaries to An attorney may not impair, compromise,
yield or withdraw their own cases against the settle, surrender, or destroy rights without
lawyer’s client [Pena v. Aparicio, A.C. No. 7298 his client's consent. A lawyer has no implied
(2007)]. authority to waive his client’s right to appeal or
to withdraw a pending appeal.
ii. Client’s Fraud
If a lawyer believes that the appeal of his client
Rule 19.02. A lawyer who has received is frivolous, he cannot move to dismiss the
information that his client has, in the course of the appeal, without the consent of his client. His
representation, perpetrated a fraud upon a remedy is to withdraw from the case People v.
person or tribunal, shall promptly call upon the Pagarao, G.R. No. 930026-27 (1991)].
client to rectify the same, and failing which he
shall terminate the relationship with such client in Presumption of Authority
accordance with the Rules of Court. An attorney is presumed to be properly
authorized to represent any cause in which he
This rule merely requires the lawyer to appears in all stages of the litigation and no
terminate his relationship with the client in the written authority is required to authorize him to
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appear. A mere denial by a party that he has fix in accordance with Sec. 24, Rule 138, RoC
authorized an attorney to appear, in the [Sec. 32, Rule 138, RoC].
absence of compelling reason, is insufficient to
overcome the presumption especially when the The mere fact that an agreement had been
denial comes after an adverse judgment. reached between attorney and client fixing the
[Agpalo (2004)]. amount of the attorney’s fees, does not insulate
such agreement from review and modification
g. Attorney’s Fees by the Court where the fees clearly appear to
be excessive or unreasonable [Tanhueco v.
CANON 20. A lawyer shall charge only fair and De Dumo, A.M. No. 1437 (1989)].
reasonable fees.
When a lawyer cannot recover the full
Note: Canon 20 is the 3rd
top source of amount stipulated in the contract
Questions on the CPR. It was asked 22 times 1. When the services were not performed,
in the last 25 years as of 2017 [Lex Pareto and if the lawyer withdrew before the case
(2017)]. was finished, he will be allowed only
reasonable fees;
Any counsel worthy of his hire is entitled to 2. When there is justified dismissal of an
be fully recompensed for his services. With attorney, the contract will be nullified and
his capital consisting solely of his brains and payment will be on quantum meruit basis;
with his skill, acquired at tremendous cost not 3. When the stipulated fees are
only in money but in the expenditure of time unconscionable or unreasonable;
and energy, he is entitled to the protection of 4. When the stipulated fees are in excess of
any judicial tribunal against any attempt of the what is expressly provided by law;
part of the client to escape payment of his fees 5. When the lawyer is guilty of fraud or bad
[Albano v. Caloma, A.C. No. 528 (1967)]. faith in the manner of his employment;
6. When the counsel’s services are worthless
An attorney is entitled to have and to recover because of negligence;
from his client no more than a reasonable 7. When the contract is contrary to laws,
compensation for his services with a view to: morals, and good policies.
1. The importance of the subject matter of the
controversy; When there is no express contract
2. The extent of the services rendered; and The absence of a formal contract will not
3. The professional standing of the attorney. negate the payment of attorney’s fees because
the contract may be express or implied. In the
No court shall be bound by the opinion of absence of an express contract, payment of
attorneys as expert witnesses as to the proper attorney’s fees may be justified by virtue of the
compensation and may disregard such innominate contract of facio ut des (I do and
testimony and base its conclusion on its own you give) which is based on the principle that
professional knowledge. “no one shall enrich himself at the expense of
another” [Corpus v. CA, G.R. No. L-40424
A written contract for services shall control the (1980)].
amount to be paid therefore unless found by
the court to be unconscionable or Rule 20.01. A lawyer shall be guided by the
unreasonable [Sec. 24, Rule 138, RoC]. following factors in determining his fees:
a) The time spent and the extent of the services
rendered or required;
Subject to the availability of funds, the court
b) The novelty and difficulty of the questions
may, in its discretion, order an attorney
involved;
employed as counsel de officio to be
c) The importance of the subject matter;
compensated in such a sum as the court may d) The skill demanded;
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Contingent fee contracts are subject to the Retaining lien Charging lien
supervision and close scrutiny of the court in
order that clients may be protected from unjust Nature
charges. A much higher compensation is
allowed as contingent fees because of the risk Passive lien. It Active lien. It can be
that the lawyer may get nothing if the suit fails cannot be actively enforced by
[Masmud v. NLRC, G.R. No. 183385 (2009)]. enforced. It is a execution. It is a
general lien. special lien.
iv. Attorney’s Liens Basis
RETAINING LIEN Lawful possession of Securing of a
An attorney shall have a lien upon the funds, funds, papers, favorable money
documents and papers of his client which have documents, property judgment for client
lawfully come into his possession. Thus: belonging to client
1. He may retain the same until his lawful fees
and disbursements have been paid; Coverage
2. May apply such funds to the satisfaction Covers only funds, Covers all judgments
thereof. [Sec. 37, Rule 138, RoC] papers, documents, for the payment of
and property in the money and
Requisites: lawful possession of executions issued in
1. Attorney-client relationship; the attorney by pursuance of such
2. Lawful possession by lawyer of the client’s reason of his judgment
funds, documents and papers in his professional
professional capacity; and employment
3. Unsatisfied claim for attorney’s fees or
disbursements. Effectivity
Requisites: Notice
1. Attorney-client relationship;
Client need not be Client and adverse
2. The attorney has rendered services;
notified to make it party need to notified
3. A money judgment favorable to the client
effective to make it effective
has been secured in the action; and
4. The attorney has a claim for attorney’s fees
or advances statement of his claim has
been recorded in the case with notice
served upon the client and adverse party.
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v. Fees and Controversies with Clients 4. When the contract for attorney’s fees is
(Quantum Meruit) void due to purely formal matters or defects
of execution;
Rule 20.04. A lawyer shall avoid controversies 5. When the counsel, for justifiable cause,
with clients concerning his compensation and was not able to finish the case to its
shall resort to judicial action only to prevent conclusion;
imposition, injustice or fraud. 6. When lawyer and client disregard the
contract of attorney’s fees;
A lawyer should avoid controversies with 7. When there is a contract, but no stipulation
clients concerning compensation so far as shall as to attorney’s fees.
be compatible with self-respect and with his
right to receive a reasonable recompense for Quantum Meruit Guidelines
his services, and he should resort to lawsuits 1. Time spent and extent of the services
with clients only to prevent injustice, imposition rendered. A lawyer is justified in fixing
or fraud. Lawyers thus seldom, if ever, file higher fees when the case is so
judicial actions for the recovery of their fees complicated and requires more time and
unless righteous and well founded and unless efforts to finish it.
forced by the client's intolerable attitude 2. Nature and importance of subject matter.
because such lawsuits cannot fail to create the The more important the subject matter or
impression, however, wrong it may be, that the bigger value of the interest or property
those instituting them are mercenaries [Agpalo in litigation, the higher the attorney’s fee.
(2004)]. 3. Novelty and difficulty of questions involved.
When the questions in a case are novel
Judicial actions to recover attorney’s fees: and difficult, greater efforts, deeper study,
1. An appropriate motion or petition as an and research are bound to burn the
incident in the main action where he lawyer’s time and stamina considering that
rendered legal services; there are no local precedents to rely upon.
2. A separate civil action for collection of 4. Skill demanded of the lawyer. The totality
attorney’s fees. of the lawyer’s experience provides him the
skill and competence admired in lawyers.
QUANTUM MERUIT: “as much as a lawyer 5. Loss of opportunity for other employment
deserves.” on the part of the lawyer who accepts the
retainer. It is only but fair that a client
Essential requisite: Acceptance of the should compensate his lawyer for being
benefits by one sought to be charged for deprived of the chance to earn legal fees
services rendered under circumstances as from others by reason of his employment
reasonably to notify him that lawyer expects as his counsel.
compensation. 6. Results secured. The importance to a client
of his lawyer’s services depends upon the
When authorized: successful outcome of his litigation.
1. The agreement as to counsel fees is invalid 7. Whether the fee is contingent.
for some reason other than the illegality of 8. Capacity of client to pay.
the object of performance;
2. There is no express contract for attorney’s A determination of all these factors would
fees agreed upon between the lawyer and indispensably require nothing less than a full-
the client; blown trial where private respondent can
3. When although there is a formal contract of adduce evidence to establish its right to lawful
attorney’s fees, the stipulated fees are attorney's fees and for petitioner to oppose or
found unconscionable or unreasonable by refute the same [Metrobank v. CA, G.R. No.
the court; 86100 (1990)].
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The above rules apply in the case of a counsel affecting his rights or obligations [Agpalo
de parte. A counsel de officio may not demand (2004)].
from the accused attorney’s fees even if he
wins the case. However, subject to availability It is the duty of an attorney to maintain inviolate
of funds, the court may, in its discretion, order the confidence, and at every peril to himself to
an attorney employed as counsel de officio to preserve, the secrets of his client and to accept
be compensated in such sum as the court may no compensation in connection with his client’s
fix. business except from him or with his
knowledge and approval [Sec. 20(e), Rule 138,
vi. Concepts of Attorney’s Fees RoC].
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The work and product of a lawyer, such as his ii. Disclosures, When Allowed
effort, research, and thought, and the records
of his client, contained in his files are privileged Rule 21.01. A lawyer shall not reveal the
matters. Neither the lawyer nor, after his death, confidences or secrets of his client except:
his heir or legal representative may properly a) When authorized by the client after
disclose the contents of such file cabinet acquainting him of the consequences of the
without client’s consent [Agpalo (2004)]. disclosure;
b) When required by law;
Rule 21.05. A lawyer shall adopt such measures c) When necessary to collect his fees or to
as may be required to prevent those whose defend himself, his employees or associates
services are utilized by him from disclosing or or by judicial action.
using confidences or secrets of the client.
Rule 21.01(a) refers to a waiver by the client.
The client’s secrets which clerical aids of Since the attorney-client privilege against
lawyers learn of, in the performance of their disclosure of the client's confidence is intended
services are covered by privileged primarily for the client's protection, only the
communication. It is the duty of lawyer to client as a rule can waive the privilege.
ensure that this is being followed (e.g.,
execution of confidentiality agreements) Rule 21.01 (b) and (c) are for the protection of
[Agpalo (2004)]. the attorney’s rights. The privileged relation
cannot be used as a shield against wrongdoing
Rule 21.06. A lawyer shall avoid indiscreet nor can it be employed as an excuse to deny a
conversation about a client’s affairs even with lawyer the right to protect himself against
members of his family. abuse by the client or false charges by third
persons [Agpalo (2004)].
A lawyer must also preserve the confidences
and secrets of his clients outside the law office, Rule 21.04. A lawyer may disclose the affairs of
including his home. He should avoid a client of the firm to partners or associates
committing calculated indiscretion, that is, thereof unless prohibited by the client.
accidental revelation of secrets obtained in his
professional employment [Agpalo (2004)]. The professional employment of a law firm is
equivalent to the retainer of the members
Rule 21.07. A lawyer shall not reveal that he has thereof even though only one of them is
been consulted about a particular case except to consulted; conversely, the employment of one
avoid possible conflict of interest. member of a law firm is generally considered
as employment of the law firm [Agpalo (2004)].
See also Rules 15.01 and 14.03.
i. Withdrawal of Services
The privileged communication rule applies
even to prospective clients. CANON 22. A lawyer shall withdraw his services
The disclosure and the lawyer’s opinion only for good cause and upon notice appropriate
thereon create an attorney-client relationship, in the circumstances.
even though the lawyer does not eventually
accept the employment or the prospective An attorney-client relationship may be
client did not thereafter actually engage the terminated by the client, the lawyer, or by
lawyer. By the consultation, the lawyer already the court for reasons beyond the parties’
learned of the secrets of prospective client. control. The termination entails certain duties
This rule, of course, is subject to the exception on the part of the client and his lawyer. [Agpalo
of representation of conflicting interests (2004)].
[Agpalo (2004)].
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Causes of termination of attorney-client c) When his inability to work with co-counsel will
relationship not promote the best interest of the client;
1. Withdrawal of the lawyer; d) When the mental or physical condition of the
2. Death of the lawyer; lawyer renders it difficult for him to carry out
3. Disbarment or suspension of the lawyer the employment effectively;
from the practice of law; e) When the client deliberately fails to pay the
4. Declaration of presumptive death of the fees for the services or fails to comply with
lawyer; the retainer agreement;
f) When the lawyer is elected or appointed to
5. Conviction of a crime and imprisonment of
public office; and
the lawyer;
g) Other similar cases.
6. Discharge or dismissal of the lawyer by the
client;
A lawyer may retire at any time from any action
7. Appointment or election of a lawyer to a
or special proceeding:
government position which prohibits
● With the written consent of his client filed in
private practice of law;
court and copy thereof served upon the
8. Death of the client;
adverse party; or
9. Intervening incapacity or incompetence of
● Without the consent of his client, should the
the client during pendency of case;
court, on notice to the client and attorney,
10. Full termination of the case.
and on hearing, determine that he ought to
be allowed to retire [Sec. 26, Rule 138,
General rule: The client has the right to
RoC].
discharge his attorney at any time with or
without just cause or even against his consent.
General rule: The withdrawal in writing, with the
client’s conformity, does not require the
Exceptions:
approval of the court to be effective.
1. The client cannot deprive his counsel of
right to be paid services if the dismissal is
Exception: If no new counsel has entered his
without cause.
appearance, the court may, in order to prevent
2. The client cannot discharge his counsel as
a denial of a party’s right to the assistance of
an excuse to secure repeated extensions
counsel require that the lawyer’s withdrawal be
of time.
held in abeyance until another lawyer shall
3. Notice of discharge is required for both the
have appeared for the party [Villasis v. CA,
court and the adverse party [Agpalo
G.R. No. L-34369 (1974)].
(2004)].
Although a lawyer may withdraw his services
A client may at any time dismiss his attorney or
when the client deliberately fails to pay the fees
substitute another in his place, but if the
for the services, withdrawal is unjustified if
contract between the client and the attorney
client did not deliberately fail to pay [Montano
has been reduced to writing and the dismissal
v. IBP, A.C. No. 4215 (2001)].
was without justifiable cause, he shall be
entitled to recover from the client the full
compensation stipulated in the contract [Sec. j. Duties of Lawyers in Case of
26, Rule 138, RoC]. Death of Parties Represented
Rule 22.01. A lawyer may withdraw his services Rule 22.02. A lawyer who withdraws or is
in any of the following cases: discharged shall, subject to a retaining lien,
a) When the client pursues an illegal or immoral immediately turn over all papers and property to
course of conduct in connection with the which the client is entitled, and shall cooperate
matter he is handling; with his successor in the orderly transfer of the
b) When the client insists that the lawyer pursue matter, including all information necessary for the
conduct violative of these canons and rules; proper handling of the matter.
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Death of parties represented is a cause for but are rather an investigation by the Court into
termination of the attorney-client relationship. the conduct of its officers.
According to Rule 22.02, the duties of lawyers
in such a case, subject to a retaining lien, are: It is not meant to grant relief to a complainant
1. To immediately turn over all papers and but is intended to cleanse the ranks of the legal
property to which the client is entitled profession of its undesirable members in order
2. To cooperate with his successor in the to protect the public and the courts [Tiong v.
orderly transfer of the matter. This includes Florendo, AC 4428, (2011)].
all information necessary for the proper
handling of the matter. They may be initiated by the Court motu
proprio. The Court merely calls upon a
Requirements of a valid substitution of member of the Bar to account for his actuations
counsel as an officer of the Court with the end in view
1. The filing of a written application for of preserving the purity of the legal profession
substitution; and the proper and honest administration of
2. The client’s written consent; justice in the exercise of its disciplinary powers.
3. The written consent of the attorney to be
substituted. Public interest is the primary objective, and the
real question for determination is whether or
At the discretion of the court, a lawyer, who has not the attorney is still a fit person to be allowed
been dismissed by a client, is allowed to the privileges as such [In Re: Almacen supra.;
intervene in a case in order to protect the Itong v. Florendo, A.C. No. 4428 (2011)].
client’s rights [Obando v. Figueras, G.R. No.
134854 (2000)]. Any interested person or the court motu
proprio may initiate disciplinary
The offensive attitude of a client is not an proceedings. The right to institute disbarment
excuse to just disappear and withdraw from a proceedings is not confined to clients nor is it
case without notice to the court and to the necessary that the person complaining
client, especially when attorney’s fees have suffered injury from the alleged wrongdoing.
already been paid [Chang v. Hidalgo, A.C. No. Disbarment proceedings are matters of public
6934 (2016)]. interest and the only basis for the judgment is
the proof or failure of proof of the charges
[Figueras v. Jimenez, supra].
C. SUSPENSION,
DISBARMENT, AND The burden of proof in disbarment and
DISCIPLINE OF LAWYERS suspension proceedings always rests on the
shoulders of the complainant. The Court
exercises its disciplinary power only if the
Rule 139-B as amended by B.M. No. 1645
complainant establishes that imposition of the
harsh penalty is warranted. As a rule, an
1. Nature and Characteristics of attorney enjoys the legal presumption that he
Disciplinary Actions against is innocent of the charges made against him
Lawyers until the contrary is proved. [Joven and
Reynaldo C. Rasing v. Cruz and Magsalin,
a. Sui Generis A.C. No. 7686 (2013)].
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The proof required is Substantial Evidence. the Court of its jurisdiction to determine the
veracity of the charges and to discipline an
The evidentiary threshold of substantial erring respondent [Chan v. Olegario, AM
evidence as opposed to preponderance of No. P-09-2714, (2010)]
evidence is more in keeping with the primordial 2. Proceedings against attorneys shall be
purpose of and essential considerations private and confidential. However, the final
attending this type of cases. [xxx] Not being order of the Supreme Court shall be
intended to inflict punishment, it is in no sense published like its decisions in other cases.
a criminal prosecution [Reyes v. Nieva, A.C. [Sec. 18, Rule 139-B, RoC]
No. 8560 (2016)]. ● Purposes:
○ To enable the Court to make its
b. Prescription of actions investigations free from any
extraneous influence or
In Frias v. Bautista-Lozada, A.C. No. 6656 interference;
(2006), the Supreme Court, citing Calo v. ○ To protect the personal and
Degamo, A.C. No. 516 (1967) and Heck v. professional reputation of attorneys
Santos, A.M. No. RTJ-01-1657 (2004), and judges from the baseless
declared that the defense of prescription does charges of disgruntled, vindictive,
not lie in administrative proceedings against and irresponsible clients and
lawyers, for an administrative complaint litigants;
against a member of the bar does not ○ To deter the press from publishing
prescribe. administrative cases or portions
thereof without authority [Saludo,
Thus, Sec. 1, Rule VIII of the Rules of Jr. v. CA, G.R. No. 121404 (2006)].
Procedure of the Commission on Bar ● Malicious and unauthorized publication
Discipline, which provided for a prescription or verbatim reproduction of
period of 2 years from the date of the administrative complaints and their
professional misconduct, was struck down for premature publication constitutes
being ultra vires. contempt of court. [Saludo, Jr. v. CA,
supra].
However, in Isenhardt v. Real, A.C. No. 8254 ● This is a privilege/right which may be
(2012), the Supreme Court ruled that “the rule waived by the very lawyer in whom and
[Sec. 1, Rule VIII, Rules of Procedure of the for the protection of whose personal
Commission on Bar Discipline] should be and professional reputation it is vested,
construed to mean two years from the date pursuant to the general principle that
of discovery of the professional rights may be waived unless the waiver
misconduct.” is contrary to public policy, among
others” [Villalon v. IAC, G.R. No. 73751
OTHER CHARACTERISTICS (1986)].
1. Investigation is not interrupted or 3. Laws dealing with double jeopardy, in pari
terminated by reason of the desistance, delicto, prescription or with procedure such
settlement, compromise, restitution, as verification of pleadings and prejudicial
withdrawal of the charges, or failure of the questions have no application to
complainant to prosecute the same [par. 2, disbarment proceedings [Pimentel, Jr. v.
Sec. 5, Rule 139-B, RoC]. Llorente, A.C. No. 4680 (2000)].
4. Because the proceedings are distinct from
The fact that the complainant manifested and proceed independently of civil or
that he is no longer interested to pursue, criminal cases, whatever has been decided
after settling with the respondent-lawyer in the disbarment case cannot be a source
would not render the case moot. The of right that may be enforced in another
withdrawal of the complaints cannot divest action. At best, such judgment may only be
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The grounds are not exclusive. The a. Justices of the Court of Appeals;
enumeration is not to be taken as a limitation to b. Justices of the Sandiganbayan;
the general power of courts to suspend or c. Judges of the Court of Tax Appeals; and
disbar a lawyer. The inherent powers of the d. Judges of lower courts [Sec. 1 (2), Rule
court over its officers cannot be restricted 139-B, RoC].
[Quingwa v. Puno, A.C. No. 389 (1967)]. A
lawyer may be removed from office or Charges filed against justices and judges
suspended from the practice of law by the before the IBP shall immediately be forwarded
Court on grounds not found in the statute as to the Supreme Court for disposition and
when their acts are contrary to honesty or good adjudication, including those filed prior to their
morals, or do not approximate the highest appointment in the Judiciary [Sec. 1 (2), Rule
degree of morality and integrity expected of 139-B].
members of the bar [Sta. Maria v. Tuazon, A.C.
No. 396 (1964)]. Contents of the complaint:
1. A clear and concise statement of the facts
Misconduct in private capacity complained of;
General rule: The Court will not assume 2. Supporting documents such as affidavits
jurisdiction to discipline one of its members for or persons having personal knowledge of
misconduct alleged to be committed in his the facts alleged in the complaint and/or by
private capacity. such documents as may substantiate the
said facts [par 2, Sec. 1, Rule 139-B, RoC].
Exception: An attorney will be removed not
only for malpractice and dishonesty in his 4. Proceedings
profession, but also for gross misconduct not
connected with his professional duties, which
Institution by any of the following:
show him to be unfit for the office and unworthy
1. The Supreme Court, motu propio
of the privileges which his license and the law
2. The IBP Board of Governors, motu propio,
confer upon him [Piatt v. Abordo, supra.].
or upon referral by a) the Supreme Court, b)
Chapter Board of Officers, or c) at the
Misconduct before admission to the bar instance of any person
A lawyer may be disbarred from 3. Upon verified complaint by any person
misrepresentation or false pretense relative to
the requirements for admission to practice. The ↓
fact that he lacked any of the qualifications for 6 copies of the verified complaint shall be filed
membership at the time he took his oath is a with the Secretary of the IBP or Secretary of any
ground for his disbarment [In Re: Diao, A.C. of its chapter and shall be forwarded to the IBP
No. 244 (1963)]. Board of Governors.
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● His efficient government service [In re: c. The age of the person asking for clemency
Adriatico, G.R. No. L-2532 (1910)]; must show that he still has productive years
● The time that has elapsed between ahead of him that can be put to good use
disbarment and the application for by giving him a chance to redeem himself;
reinstatement and the circumstances that d. There must be a showing of promise (e.g.,
he has been sufficiently punished and intellectual aptitude, contribution to legal
disciplined [Prudential Bank v. Benjamin scholarship), and potential for public
Grecia, A.C. No. 2756 (1986)] service;
● Applicant’s appreciation of significance of e. Other relevant factors to justify clemency
his dereliction and his assurance that he [Re: Letter of Judge Diaz, A.M. No. 07-7-
now possesses the requisite probity and 17-SC (2007)].
integrity
● Favorable endorsement of the IBP and Effect of Reinstatement
local government officials and citizens of a. Lawyer must comply with the conditions
his community, pleas of his loved ones imposed upon readmission
[Yap Tan v. Sabandal, B.M. No. 44 (1989)] b. The lawyer’s moral rehabilitation and
mental fitness to practice law is recognized
The sole objective is to determine whether or c. The lawyer shall be subject to the same
not the applicant has satisfied and convinced law, rules and regulations as those
the court by positive evidence that the effort he applicable to any other lawyer
has made toward the rehabilitation of his
character has been successful [In re: Rusuina, 3. Lawyers who have been
A.C. No. 270 (1974)]. Repatriated
The quantum of evidence necessary for Lawyers who reacquire their Philippine
reinstatement is the same as that for admission citizenship should apply to the Supreme Court
to the bar, except that the court, when for license or permit to practice their profession
circumstances so warrant, may require an [Sec. 5(4), R.A. No. 9225].
applicant to present additional proof of his
qualifications [Cui v. Cui, supra.]. See also Reacquisition of the Privilege to
Practice Law in the Philippines under R.A.
The Supreme Court may also require special No. 9225 or the Citizenship Retention and
conditions to be fulfilled by the applicant, in Reacquisition Act of 2003 above.
addition to the required rehabilitation, including
enrolling in and passing the required fourth
year review classes in a recognized law school E. MANDATORY
[Agpalo, 2004].
CONTINUING LEGAL
Prior to actual reinstatement, the applicant will EDUCATION
be required to take anew the lawyer’s oath and
sign once again the roll of attorneys after
paying the requisite fees [Funa]. 1. Purpose
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# of 3. Compliance
Subject
Hours
Lawyers, not otherwise exempted, are required
Legal Ethics 6 hours to complete their MCLE requirements every
three (3) years and within the compliance
Trial and Pre-trial Skills 4 hours periods set by the Rules.
Alternative Dispute Resolution 5 hours
The IBP members covered by the requirement
Updates on substantive and 9 hours are divided into three compliance groups:
procedural laws and Jurisprudence a. Compliance Group 1 consists of members
in the National Capital Region (NCR) or
International law and International 2 hours Metro Manila;
Conventions b. Compliance Group 2 consists members in
Legal Writing and Oral Advocacy 4 hours Luzon outside NCR; and
c. Compliance Group 3 consists of members
Other MCLE prescribed subjects 6 hours in Visayas and Mindanao [Sec. 2, Rule 3,
B.M. No. 850].
[Sec. 2, Rule 2, B.M. No. 850]
The initial compliance period shall begin not
Participatory Legal Education [Sec. 2, Rule
later than 3 months from the constitution of the
5, B.M. No. 850]
MCLE Committee. The compliance period shall
a. Attending approved education activities
like seminars, conferences, conventions, be for 36 months and shall begin the day after
the end of the previous compliance period
symposia, in-house education programs,
[Sec. 1, Rule 3, B.M. No. 850].
workshops, dialogues or round table
discussion;
For those admitted or readmitted after the
b. Speaking or lecturing, or acting as
establishment of the program, they will be
assigned panelist, reactor, commentator,
resource speaker, moderator, coordinator permanently assigned to the appropriate
compliance group based on their chapter
or facilitator in approved education
membership on the date of admission or
activities;
readmission.
c. Teaching in a law school or lecturing in a
bar review class.
The initial compliance period after admission or
readmission shall begin on the first day of the
Non-Participatory Legal Education [Sec. 3,
month of admission or readmission and shall
Rule 5, B.M. No. 850]
end on the same day as that of all other
a. Preparing, as an author or co-author,
members in the same compliance group.
written materials published or accepted for
publication, e.g., in the form of an article,
However:
chapter, book, or book review which
● Where 4 months or less remain of the initial
contribute to the legal education of the
author member, which were not prepared compliance period after admission or
readmission, the member is not required to
in the ordinary course of the member’s
practice or employment; comply with the program requirement for
the initial compliance;
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● Where more than 4 months remain of the retired members of the judiciary, incumbent
initial compliance period after admission or members of the Judicial and Bar Council
readmission, the member shall be required and incumbent court lawyers covered by
to complete a number of hours of approved the Philippine Judicial Academy program of
continuing legal education activities equal continuing judicial education;
to the number of months remaining in the d. The Chief State Counsel, Chief State
compliance period in which the member is Prosecutor and Assistant Secretaries of
admitted or readmitted. Such member shall the Department of Justice;
be required to complete a number of hours e. The Solicitor General and the Assistant
of education in legal ethics in proportion to Solicitor General;
the number of months remaining in the f. The Government Corporate Counsel,
compliance period. Fractions of hours shall Deputy and Assistant Government
be rounded up to the next whole number Corporate Counsel;
[Sec. 3, Rule 3, BM 850]. g. The Chairmen and Members of the
Constitutional Commissions;
Forms of non-compliance h. The Ombudsman, the Overall Deputy
a. Failure to complete the educational Ombudsman, the Deputy Ombudsmen and
requirement within the compliance period the Special Prosecutor of the Office of the
b. Failure to provide attestation of compliance Ombudsman;
or exemption i. Heads of government agencies exercising
c. Failure to provide satisfactory evidence of quasi-judicial functions;
compliance j. Incumbent deans, bar reviewers and
d. Failure to satisfy the education requirement professors of law who have teaching
and furnish evidence of non-compliance experience for at least ten years accredited
within 60 days from receipt of non- law schools;
compliance notice k. The Chancellor, Vice-Chancellor and
e. Failure to pay the non-compliance fee members of the Corps of Professors and
within the prescribed period Professorial Lectures of the Philippine
f. Any other act or omission analogous to any Judicial Academy;
of the foregoing or intended to circumvent l. Governors and Mayors;
or evade compliance with the MCLE m. Those who are not in law practice, private
requirement [Sec. 1, Rule 12, B.M. No. or public;
850]. n. Those who have retired from law practice
with the approval of the IBP Board of
The non-compliant member shall receive a Governors; and
Notice of Non-Compliance and shall be given o. Those granted exemption for good cause
60 days from receipt of notification to file a in accordance with Sec 3, Rule 7 of the
response clarifying the deficiency or showing MCLE Rules [Sec. 1 and 2, Rule 7, B.M.
compliance. No. 850]
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Applications for exemption from or modification period. BUT this has been amended, pursuant
of the MCLE requirement shall be under oath to B.M. No. 850, as amended (Dated Feb. 15,
and supported by documents [Sec. 5, Rule 7, 2015. Effective Mar. 1, 2015):
B.M. No. 850].
“xxx The Court Resolved to REQUIRE all
When a member ceases to be exempt, the members of the IBP to file a written entry of
compliance period begins on the first day of the appearance indicating their MCLE
month in which he ceases to be exempt and exemption or compliance number for the
shall end on the same day as that of all other current or immediately preceding compliance
members in the same Compliance Group [Sec. period and date of issuance thereof before
4, Rule 7, B.M. No. 850]. appearing as counsel or engaging in oral
argument in open court or before a quasi-
5. Sanctions judicial body. However, counsels who affixed
their signatures in their pleadings and indicated
a. A member who, for whatever reason, is in their MCLE exemption or compliance number
non-compliance at the end of the in their pleadings need not file a separate entry
compliance period shall pay a non- of appearance. Henceforth, all counsels,
compliance fee. including partners of law firms whose names
b. Any member who fails to satisfactorily appear in the said pleadings, shall also indicate
comply shall be listed as a delinquent their MCLE exemption or compliance number.”
member by the IBP Board of Governors
upon the recommendation of the MCLE Pursuant to Supreme Court Resolution dated
Committee, in which case, Rule 139-A, January 14, 2014, the phrase “failure to
Rules of Court, governing the IBP, shall disclose the required information would cause
apply. [Sec. 1 and 2, Rule 13, B.M. No. the dismissal of the case and the expunction of
850] the pleadings from the records” in B.M. No.
1922 (2008) is repealed and amended to read,
Membership fee shall continue to accrue at the “failure to disclose the required information
active rate against a member during the period would subject the counsel to appropriate
he/she is listed as a delinquent member [Sec. penalty and disciplinary action.”
3, Rule 13, B.M. No. 850].
Penalties for non-disclosure of compliance or
The delinquent member shall not be permitted exemption number in the pleadings:
to practice law until such time as adequate 1. The lawyer shall be imposed a fine of
proof of compliance is received by the MCLE P2,000, P3,000 and 4,000 for the first to
Committee. [Sec 7, Rule 13, B.M. No. 850]. third offense successively.
2. In addition to the fine, counsel may be
When the member provides proof of listed as a delinquent member of the Bar
compliance with the MCLE requirement, 3. The non-compliant lawyer shall be
including the payment of the non-compliance discharged from the case and the client
fee, the involuntary listing as a delinquent shall be allowed to secure the services of a
member shall be terminated and the member new counsel with the right to demand the
shall be reinstated [Rule 14, B.M. No. 850]. return of fees already paid to the lawyer
[B.M. No. 1922].
Under B.M. No. 1922 (2008), practicing
members of the bar are required to indicate in
all pleadings filed before the courts or quasi-
judicial bodies, the number and date of issue of
their MCLE Certificate of Compliance or
Certificate of Exemption, as may be applicable,
for the immediately preceding compliance
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be forwarded to the Clerk of Court and shall be 3. Fails to send the copy of the entries to
under the responsibility of such officer. If there the Executive Judge within the first ten
is no entry to certify for the month, the notary days of the month following;
shall forward a statement to this effect in lieu of 4. Fails to affix to acknowledgments the
certified copies herein required. [Sec. 2(h), date of expiration of his commission;
Rule VI] 5. Fails to submit his notarial register,
when filled, to the Executive Judge;
5. Jurisdiction of Notary Public and 6. Fails to make his report, within a
Place of Notarization reasonable time, to the Executive
Judge concerning the performance of
A person commissioned as notary public may his duties, as may be required by the
perform notarial acts in any place within the judge;
territorial jurisdiction of the commissioning 7. Fails to require the presence of a
court [Sec. 11, Rule III]. principal at the time of the notarial act;
8. Fails to identify a principal on the basis
The jurisdiction of a notary public in a province of personal knowledge or competent
shall be co-extensive with the province. The evidence;
jurisdiction of a notary public in the City of 9. Executes a false or incomplete
Manila shall be co-extensive with said city. No certificate under Sec. 5, Rule IV;
notary shall possess authority to do any act 10. Knowingly performs or fails to perform
beyond the limits of his jurisdiction [Sec. 274, any other act prohibited or mandated
Art II, Revised Administrative Code]. by these Rules; and
11. Commits any other dereliction or act
General rule: A notary public shall not perform which in the judgment of the Executive
a notarial act outside his regular place of work Judge constitutes good cause for
or business revocation of commission or imposition
of administrative sanction [Sec. 1(a)
Exception: On certain exceptional occasions or and (b), Rule XI].
situations, a notarial act may be performed at
the request of the parties on the following sites If the notarial certificate is incomplete or
located within his territorial jurisdiction. deficient, it is as if there is no acknowledgment
and the document remains a private document,
See also Limitations relating to Notarial as if it had not been notarized [Spouses
Acts above. Bautista v. Silva, G.R. No. 157434 (2006)].
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certificate that such judgment or final order has or upon such real property, for the purpose
become final and executory [Sec. 2, Rule 36, of executing acts of ownership or
RoC]. possession, or in any manner disturbs the
possession given to the person adjudged
Judgment may be given for or against one or to be entitled thereto;
more of several plaintiffs and for or against one 3. Any abuse of or any unlawful interference
or more of several defendants. When justice so with the processes or proceedings of a
demands, the court may require the parties court not constituting direct contempt under
on each side to file adversary pleadings as section 1 of this Rule;
between themselves and determine their 4. Any improper conduct tending, directly or
ultimate rights and obligations [Sec. 3, Rule 36, indirectly, to impede, obstruct, or degrade
RoC]. the administration of justice;
5. Assuming to be an attorney or an officer of
2. Contempt a court, and acting as such without
authority;
Direct Contempt 6. Failure to obey a subpoena duly served;
7. The rescue, or attempted rescue, of a
! Misbehavior in the presence of or so near
a court as to obstruct or interrupt the person or property in the custody of an
officer by virtue of an order or process of a
proceedings before the same;
! Disrespect toward the court; court held by him [Sec. 3, Rule 71, RoC].
! Offensive personalities toward others;
Punishment for indirect contempt:
! Refusal to be sworn or to answer as a
witness; or 1. If with RTC or a court of equivalent or
! Refusal to subscribe an affidavit or higher rank - a fine not exceeding thirty
deposition when lawfully required to do so. thousand pesos or imprisonment not
exceeding six (6) months, or both
2. If with a lower court - a fine not exceeding
Direct contempt may be summarily
five thousand pesos or imprisonment not
adjudged by such court.
exceeding one (1) month, or both;
3. If the contempt consists in the violation of a
Punishment for direct contempt: writ of injunction, temporary restraining
1. If with RTC or a court of equivalent or order or status quo order - complete
higher rank - a fine not exceeding two restitution to the party injured by such
thousand pesos or imprisonment not violation of the property involved or such
exceeding ten (10) days, or both. amount as may be alleged and proved.
2. If with a lower court - a fine not exceeding
two hundred pesos or imprisonment not
exceeding one (1) day, or both [Sec. 1, 3. Arraignment and Plea
Rule 71, RoC].
The court has the duty to inform the
Indirect Contempt accused of his right to counsel. Before
1. Misbehavior of an officer of a court in the arraignment, the court shall inform the accused
performance of his official duties or in his of his right to counsel and ask him if he desires
official transactions; to have one. The court must assign a counsel
2. Disobedience of or resistance to a lawful de oficio to defend the accused, unless he is
writ, process, order, or judgment of a court, allowed to defend himself in person or has
including the act of a person who, after employed counsel of his choice [Sec. 6, Rule
being dispossessed or ejected from any 116, RoC].
real property by the judgment or process of
any court of competent jurisdiction, enters Rule 18.02 states that a lawyer shall not handle
or attempts or induces another to enter into any legal matter without adequate preparation.
Therefore, whenever a counsel de oficio is
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appointed by the court to defend the accused 3. To compel obedience to its judgments,
at the arraignment, he shall be given a orders and processes, and to the lawful
reasonable time to consult with the order of judge out of court, in a case
accused as to his plea before proceeding with pending therein;
the arraignment [Sec. 8, Rule 116, RoC]. 4. To control, in furtherance of justice, the
conduct of its ministerial officers, and of all
The accused’s counsel may, before other persons in any manner connected
arraignment, also move for a bill of with a case before it, in every manner
particulars to enable him properly to plead appertaining thereto;
and prepare for trial [Sec. 9, Rule 116, RoC]. 5. To compel the attendance of persons to
testify in a case pending therein;
Note: This could be read in conjunction with 6. To administer or cause to be administered
Rule 14.02. oaths in a case pending therein, and in all
other cases where it may be necessary in
4. Attorney-Client Privilege the exercise of its powers;
7. To amend and control its process and
It is the duty of an attorney to maintain orders so as to make them conformable to
inviolate the confidence, and at every peril to law and justice;
himself, to preserve the secrets of his 8. To authorize copy of a lost or destroyed
clients, and to accept no compensation in pleading or other paper to be filed and used
connection with his client’s business except instead of the original, and to restore, and
from him or with his knowledge and approval” supply deficiencies in its records and
[Sec. 20 (3), Rule 138, RoC]. proceedings [Sec. 5, Rule 135, RoC].
Once a lawyer accepts money from a client, an Justice shall be impartially administered
attorney-client relationship is established, with unnecessary delay.
giving rise to the duty of fidelity to the client’s
cause. He is expected to be mindful of the trust Courts of justice shall always be open for
and confidence reposed in him, and must serve the filing of any pleading, motion or other
client with competence and diligence [Dalisay papers, for the trial of cases, hearing of motions
v. Mauricio, A.C. No. 5655 (2006)]. and for the issuance of orders or rendition of
judgments.
The privilege is not confined to verbal or Exception: Legal holidays [Sec 1, Rule 135,
written communications; it extends to RoC].
information communicated by the client to the
attorney by other means [People v. 6. Disqualification of Judicial
Sandiganbayan, G.R. Nos. 115439-41 (1997)]. Officers/Inhibition
See also: Canon 15 on the Confidentiality Rule No judge or judicial officer shall sit in any case,
and Rule 15.02 on Privileged without the written consent of all parties in
Communications. interest and entered upon the record, in which:
a. He, or his wife or child, is pecuniarily
5. Powers and Duties of Court and interested as heir, legatee, creditor or
Judicial Officers otherwise; or
b. He is related to either party within the 6th
Inherent powers of courts: degree of consanguinity or affinity, or to
1. To preserve and enforce order in its counsel within the 4th degree, computed
immediate presence; according to the rules of civil law;
2. To enforce order in proceedings before a c. He has been executor, administrator,
person or persons empowered to conduct guardian, trustee or counsel; or
a judicial investigation under its authority;
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d. He has presided in any inferior court when See also: Canon 22 on Withdrawal of Services
his ruling or decision is the subject of
review [Sec. 1 (1), Rule 137, RoC]. 8. Standing in Court of Persons
Authorized to Appear for the
See also: Discussion in Judicial Ethics of Rule Government
137, RoC on Compulsory Disqualification and
Sec. 5, Canon 3 on Voluntary Inhibition. Any official or other person appointed or
designated in accordance with law to
7. Withdrawal from Case appear for the Government of the
Philippines shall have all the rights of a duly
A lawyer may withdraw his services in any authorized member of the bar to appear in any
of the following cases: case in which said government has an interest,
a. When the client pursues an illegal or direct or indirect [Sec. 33, Rule 138, RoC].
immoral course of conduct in connection
with the matter he is handling;
9. Government Lawyers and Private
b. When the client insists that the lawyer
pursue conduct violative of these canons Practice
and rules;
c. When his inability to work with co-counsel A lawyer should not use his position to feather
will not promote the best interest of the his private law practice and accept any private
client; legal business that may conflict with his official
d. When the mental or physical condition of duties. In case of conflict, he should terminate
the lawyer renders it difficult for him to his professional relationship, and his official
carry out the employment effectively; duties must prevail [Agpalo (2004)].
e. When the client deliberately fails to pay the
fees for the services or fails to comply with Prohibition during incumbency
the retainer agreement; General Rule: Sec. 7(b)(2) of R.A. No. 6713
f. When the lawyer is elected or appointed to prohibits [public officials and employees] from
engaging in the private practice of their
public office; and
g. Other similar cases [Rule 22.01, CPR] profession during their incumbency.
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JUDICIAL ETHICS
LEGAL AND JUDICIAL
ETHICS
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On April 27, 2004, the draft code was In another case, it was held that the respondent
promulgated as the New Code of Judicial judge’s admission to have succumbed to
Conduct for the Philippine Judiciary through pressure from a national official in deciding the
A.M. No. 03-05-01-SC and given effect on case in favor of the complainant is a patent
June 1, 2004. betrayal of the public trust reposed on her as
an arbiter of the law. The judge should thus be
Purpose: The New Code seeks to not only dismissed from the service with forfeiture of
update and correlate the Code of Judicial retirement benefits and with prejudice to any
Conduct and the Canons of Judicial Ethics reinstatement in any branch of the government
adopted for the Philippines, but also to stress or its instrumentalities. [Ramirez v. Corpus-
the Philippines’ solidarity with the universal Macandong, A.M. Nos. R-351, 359, 621, 684
clamor for a universal code of judicial ethics. (1986)]
2. Integrity (Canon 2)
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Integrity applies not only to the proper While judges are entitled to freedom of
discharge of the judicial office but also extends expression, belief, association and assembly,
to the personal demeanor of the judge. they must always conduct themselves in a
manner preserving the dignity, impartiality, and
Judges must adhere to the highest standard of independence of the judiciary [Sec. 6].
conduct and must be the embodiment of
competence, integrity, and independence. A Subject to the performance of their judicial
judge’s private and official conduct must be duties, judges may:
free from appearances of impropriety and ! Write, lecture, teach, and participate in
beyond reproach. Respondent judge violated activities concerning the law, the
the code of judicial conduct when he was seen administration of justice, and the legal
socializing with the congresswoman-mother of system;
one of the accused and the accused’s counsel. ! Appear at a public hearing concerned with
A judge is not only required to be impartial but matters relating to the law, the legal
must also appear to be impartial. [Dela Cruz v. system, and the administration of justice;
Bersamira A.M. No. RTJ-00-567 (2000)] ! Engage in other activities if these do not
detract from the dignity of the judicial office
3. Impartiality (Canon 3) or interfere with the performance of judicial
duties [Sec. 10].
Impartiality is essential to the proper discharge
of the judicial office and applies not only to the Canon 4 includes the appearance of propriety.
decision itself but also to the process by which Thus, a judge’s act of posting seductive photos
the decision is made. [Canon 3, Code of in her social media account contravened the
Judicial Conduct] ethical standard set forth under Canon 4. While
judges are allowed free expression, they must
Sec. 5, Canon 3 provides for the remember that they do not shed their status as
disqualification of judicial officers (See judges. Their ethical responsibilities as a judge
Disqualification of Judicial Officers for are carried with them even in the cyberspace.
discussion) [Lorenzana v. Austria, A.M. No. RTJ-09-2200
(2014)]
While the judge has misgivings on the
imposition of the death penalty due to religious Judges and court personnel who participate in
reasons, he is duty-bound to apply the law and social media are enjoined to be cautious and
a court of law is not a place for a protracted circumspect in posting photos, liking posts, and
debate on the morality or propriety of a making comments in public in social
sentence. [People v. Veneracion, G.R. Nos. networking sites. [OCA Circular No. 173-2017,
119987-88 (1995)] Proper Use of Social Media (2017)]
Propriety and the appearance of propriety are Ensuring equality of treatment to all before the
essential to the performance of all the activities courts is essential. Therefore, Judges should:
of a judge. a) Be aware of, and understand diversity in
society and differences arising from various
Judges must accept the personal restrictions sources, including but not limited to race,
that come with the office freely and willingly. color, age, sex, religion, nationality, sexual
Particularly, judges shall conduct themselves orientation, marital status, and socio-
in a way consistent with the dignity of their economic status [Sec. 1];
office [Sec. 2]. b) Not manifest bias in the performance of their
judicial duties on irrelevant grounds [Sec. 2];
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6. Competence and Diligence Further, the court has held that while it is true
(Canon 6) that a judge may have an overload of cases,
this is no excuse for his failure to file an already
signed decision with the Clerk of Court for over
Competence and diligence are prerequisites to
the due performance of judicial office. Thus, 170 days. It must be reiterated to the members
of the Judiciary that it is their sworn duty to
Canon 6 provides:
administer justice without undue delay under
a) That the judicial duties of a judge take
the time-honored precept that justice delayed
precedence over all other activities [Sec. 1];
is justice denied. [Castro v. Malazo, A.M. No.
b) That judges must devote their professional
1237-CAR (1980)]
activity to judicial duties which include their
judicial functions but also other tasks
relevant to the court’s operations [Sec. 2]; C. ADMINISTRATIVE
c) That judges will take the necessary steps to JURISDICTION OVER JUDGES
maintain their knowledge, skills, and AND JUSTICES
personal qualities necessary for the proper
performance of their judicial duties [Sec. 3];
1. Supreme Court
d) That judges shall keep themselves informed
about the relevant developments of
Under Sec. 2, Art. XI, 1987 Constitution,
international law, and international
Justices of the Supreme Court may be
conventions regarding human rights norms
removed from office, through impeachment
[Sec. 4];
upon conviction of culpable violation of the
e) That judges shall perform their duties
Constitution, treason, bribery, graft and
efficiently, fairly, and with reasonable
corruption, other high crimes, or betrayal of
promptness [Sec. 5];
public trust.
f) That judges should maintain order and
decorum in proceedings before the court
All other Justices and judges from the Court of
and be patient, dignified, and courteous to
Appeals to the lowest level may be removed
litigants, witnesses, and lawyers with whom
from office as provided by law, but not by
they deal with in an official capacity. Judges
impeachment.
must also require the same kind of conduct
from legal representatives, and court staff
According to J. Carpio’s dissenting opinion in
under his influence, direction, and control
In re: Charges of Plagiarism, etc. against
[Sec. 6]; and
Associate Justice del Castillo, A.M. No. 10-7-
g) That judges shall not engage in conduct
17-SC (2011), pursuant to Sec. 3 (1) and (6),
incompatible with the diligent discharge of
Art. XI, 1987 Constitution, the sole disciplining
their judicial duties [Sec. 7].
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authority (i.e. exclusive authority to discipline) In order for the Court to acquire jurisdiction
of all impeachable officers, including Justices over an administrative case, the complaint
of the Supreme Court, is Congress. While must be filed during the incumbency of the
impeachment is often described as a political respondent. Once jurisdiction is acquired, it is
process, it also functions as the equivalent of not lost by reason of respondent’s cessation
administrative disciplinary proceedings against from office [Re: Missing Exhibits and Court
impeachable officers since impeachable Properties in Regional Trial Court, Branch 4,
officers are not subject to administrative Panabo City, Davao Del Norte, AM. 10-2-41-
disciplinary proceedings either by the RTC (2013)].
Executive or Judicial branch.
3. Initiation of Complaint against
2. All Other Courts Judges and Justices
Pursuant to Sec. 6, Art. VIII, 1987 Constitution, Proceedings for the discipline of judges of
only the Supreme Court can oversee regular and special courts and justices of the
compliance with the law and the Rules of Court Court of Appeals and the Sandiganbayan may
on the part of the Presiding Justice of the CA be instituted:
down to the lowest municipal trial court judge 1. Motu proprio by the Supreme Court;
and take the proper administrative action 2. Upon the verified complaint, supported by
against them if they commit any violation affidavits of persons who have personal
thereof, requiring supervisory or administrative knowledge of the facts alleged therein or by
sanction [Agpalo, (2004)]. documents which may substantiate said
allegations; or
Pursuant to Sec. 11, Art. VIII, 1987 3. Upon an anonymous complaint, supported
Constitution, the Supreme Court en banc shall by public records of indubitable integrity.
have the power to discipline judges of lower
courts or order their dismissal by a vote of The complaint shall be in writing and shall state
majority of the Members who actually took part clearly and concisely the acts and omissions
in the deliberations on the issues in the case constituting violations of standards of conduct
and voted thereon. prescribed for judges, the RoC, or the Code of
Judicial Conduct [Sec. 1].
Thus, the Ombudsman has no power to
entertain and investigate administrative The right to institute disbarment proceedings is
complaints against judges and court personnel. not confined to clients nor is it necessary that
Complaints against judges and court personnel the person complaining suffered injury from the
should accordingly be filed with the Supreme alleged wrongdoing. The procedural
Court [Maceda v. Vasquez, supra.; Dolalas v. requirement observed in ordinary civil
Office of the Ombudsman, G.R. No. 118808 proceedings that only the real party-in-interest
(1996)]. must initiate the suit does not apply in
disbarment cases. Disbarment proceedings
Administrative jurisdiction over a court are matters of public interest and the only basis
employee belongs to the Supreme Court, for the judgment is the proof or failure of proof
regardless of whether the offense was of the charges [Figueros v. Jimenez, A.C. No.
committed before or after employment in the 9116 (2014)].
judiciary. Indeed, the standard procedure is for
the CSC to bring its complaint against a judicial
employee before the Office of the Court
Administrator [Ampong v. CSC, G.R. No.
167916 (2008)].
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a forum for extortion and exploitation of the evidence. [Gochan v. Gochan (2003)]
persons charged. The Supreme Court found Moreover, it has been held that bias and
that this unstated extraneous matter makes the prejudice must be shown to have stemmed
dismissal as one affected with partiality and from an extrajudicial source and result in an
bias. The prayer of the judge to be disqualified opinion on the merits on some basis other than
in hearing the case because he has lost all the evidence presented [Aleria v. Velez
respect in the manner in which the prosecutor (1998)].
has been prosecuting the case was granted.
Disqualification was also allowed when the
b. Economic Interest of Judge or his judge had been previously associated with a
Family party as counsel [Austria v. Masaquel (1978)],
In Oktubre v. Velasco (2004), a municipal had notarized the affidavit of a person to be
judge, as private complainant, caused three presented as witness [Mateo v. Villaluz (1973)],
criminal complaints to be filed before his own or if he was a material witness to a case
court. He also issued a warrant of arrest and [AmJur; Lewis v. State (2002)]
subpoenas before finally inhibiting himself from
hearing the cases. The Supreme Court found 2. Voluntary
him guilty of grave misconduct, gross
ignorance of the law and grave abuse of A judge may, in the exercise of his sound
authority and dismissed him from service. It discretion, disqualify himself from sitting in a
stated that the idea that a judge can preside case, for just or valid reasons other than those
over his own case is anathema to the notion of mentioned [par. 2, Sec. 1].
impartiality and that his subsequent inhibition
from the three cases does not detract from his A judge must maintain and preserve the trust
culpability for he should not have taken and faith of the parties-litigants. He must hold
cognizance of the cases in the first place. himself above reproach and suspicion. At the
very first sign of lack of faith and trust in his
c. Reviewing Own Cases actions, whether well-grounded or not, the
In Sandoval v. CA (1996), the Supreme Court judge has no other alternative but to inhibit
found that an Associate Justice who only partly himself from the case.
presided over a case in the trial court and who
did not render the final decision cannot be said A judge may not be legally prohibited from
to have been placed in a position where he had sitting in a litigation, but when circumstances
to review his own decision and, as such, was appear that will induce doubt to his honest
not legally bound, on this ground, to inhibit actuations and probity in favor of either party,
himself as ponente of the case. Nevertheless, or incite such state of mind, he should conduct
it was held that he should have voluntarily a careful self-examination. He should exercise
inhibited himself for his earlier involvement in his discretion in a way that the people's faith in
the case constitutes just or valid reason under the courts of justice is not impaired. The better
Sec. 1, Rule 137. A judge should not handle a course for the judge under such circumstances
case in which he might be perceived, rightly or is to disqualify himself. That way, he avoids
wrongly, to be susceptible to bias and partiality. being misunderstood, his reputation for probity
and objectivity is preserved [Bautista v.
d. Previously Served as Counsel Rebueno, G.R. No. L-46117 (1978)].
A judge may validly disqualify himself due to his
bias and prejudice. [However,] bias and A judge should not be disqualified because he
prejudice cannot be presumed [Soriano v. was a classmate (or a co-member in a
Angeles (2000)]. The mere imputation of bias fraternity) of one of the counsels if there is no
or partiality is not sufficient for a judge to inhibit, proof that such a relationship results in actual
especially when the charge is without basis. It bias or prejudice. To allow disqualification
must be proven with clear and convincing would unnecessarily burden other trial judges
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f. The Senate tries the public official under b) Within such extension as the Supreme
the article [J. Abad, Separate Concurring Court may grant [Sec. 4].
Opinion, Gutierrez v. HOR Committee on
Justice, G.R. No. 193459 (2011)]. Report and Action
Within 30 days from termination, the
2. Lower Courts and Justices of investigating justice or judge shall submit to the
Court of Appeals, and Supreme Court a report containing his findings
Sandiganbayan, and Court of Tax of fact and recommendation, accompanied by
the evidence and pleadings filed by the parties.
Appeals (Rule 140)
Such report shall be confidential and shall be
for the exclusive use of the Supreme Court.
Initiation of Proceedings
See Initiation of Complaint against Judges
A copy of the decision or resolution of the court
and Justices above.
shall be attached to the record of the
respondent in the OCA [Secs. 5 and 12].
Investigation
Upon the filing of the comment of the The Supreme Court shall take action on the
respondent or upon the expiration of the period report as the facts and the law may warrant
for such filing, which is ten days from the date [Sec. 6].
of service to him of the copy of the complaint
[Sec. 2], the Supreme Court shall: Proceedings shall be private and confidential
1. Refer the matter to the Office of the but a copy of the decision shall be attached to
Court Administrator for evaluation, the record of the judge in the OCA [Sec. 12]
report, and recommendation; or
2. Assign the case for investigation,
report, and recommendation to:
Automatic Conversion of
i. A retired member of the Supreme Administrative Cases to Disciplinary
Court, if the respondent is a Proceedings
justice of the Court of Appeals Pursuant to A.M. No. 02-9-02-SC,
and the Sandiganbayan; administrative cases against justices of the
ii. A justice of the Court of Appeals, Court of Appeals and the Sandiganbayan,
if the respondent is a judge of a judges of regular and special courts, and court
Regional Trial Court or of a officials who are lawyers, shall also be
special court of equivalent rank; considered a disciplinary action against them,
or if they are based on grounds which are likewise
iii. A judge of the Regional Trial grounds for the disciplinary action of members
Court, if the respondent is a of the bar for:
judge of an inferior court [Sec. 3, a. Violation of the Lawyer's Oath;
Rule 140]. b. Violation of the Code of Professional
Responsibility;
Hearing and Termination c. Violation of the Canons of Professional
The investigating justice or judge shall set a Ethics; or
day for the hearing and send notice to the d. Such other forms of breaches of conduct
parties. If the respondent fails to appear, the that have been traditionally recognized as
investigation shall proceed ex parte. grounds for the discipline of lawyers.
The investigating justice or judge shall The respondent is required to comment on the
terminate the proceedings: complaint and show cause why he should not
a) Within 90 days from the date of its also be suspended, disbarred or otherwise
commencement; or disciplinarily sanctioned as a member of the
Page 88 of 129
U.P. LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
bar. Judgment in both respects may be The judge was found guilty of gross
incorporated in one decision or resolution. misconduct, abandonment of office, and was
dismissed due to his frequent absence totaling
Members of the judiciary are not a class of their 3 years which were not approved for his
own. In recent rulings, the Court has also explanations were inexcusable. He has caused
applied substantial evidence as the quantum of great disservice to many litigants and has
proof necessary in resolving administrative denied them speedy justice [In Re: Leaves of
complaints against judges [Macias v. Macias, Absence without Approval of Judge Eric
A.M. No. RTJ-01-1650 (2009)]. Calderon, A.M. No. 98-8-105 MTC (1999)].
Page 89 of 129
U.P. LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
Tuvillo v. Judge Henry Laron, A.M. No. MTJ- converting the trust fund to personal use
10-1756 (2016)]. [Barja v. Beracio (1976)];
● Extorting money from a party-litigant who
Respondent's act of not wearing the judicial has a pending case [Haw Tay v. Singayao
robe during court sessions violates (1988)]:
Administrative Circular 25 of 9 June 1989, ● Solicitation of donation for office equipment
which is mandatory. Violation of Supreme [Lecaroz v. Garcia (1981)];
Court rules, directives, and circulars is ● Frequent unauthorized absences in office
considered a less serious charge [Jocelyn [Municipal Council of Casiguruhan,
Mclaren, et al. v. Hon. Jacinto C. Gonzales, Quezon v. Morales (1974)];
A.M. No. MTJ-16-1876 (2017)]. ● Delay in the disposition of cases in violation
of the canon that a judge must promptly
Gross Ignorance of the Law dispose of all matters submitted to him
Judge Mislang manifested a serious lack of [Balagot v. Opinion (1991)];
knowledge and understanding of basic legal ● Unduly granting repeated motions for
principles on prejudicial questions and on postponement [Araza v. Reyes (1975)];
jurisdiction in petitions for the suspension of a ● Unawareness of or unfamiliarity with the
criminal action based on prejudicial questions. application of the Indeterminate Sentence
Where the law is straightforward and the facts Law and duration and graduation of
so evident, failure to know it or to act as if one penalties [In re: Paulin (1980)];
does not know it constitutes gross ignorance of ● Reducing to a ridiculous amount
the law. A blatant disregard of the clear and (P6,000.00) the bail bond of the accused
unmistakable provisions of a statute, as well as murderer, enabling him to escape the toils
Supreme Court circulars enjoining their strict of the law [Soriano v. Mabbayad (1975)];
compliance, upends this presumption and ● Imposing the penalty of subsidiary
subjects the magistrate to corresponding imprisonment on a party for failure to pay
administrative sanctions. Judges are expected civil indemnity in violation of R.A. No. 5465
to exhibit more than just cursory acquaintance [Monsanto v. Palarca (1983)];
with statutes and procedural laws, they must ● Directing a subordinate to alter the TSN by
know the laws and apply them properly in all incorporating statements pertaining to
good faith. Judicial competence requires no substantial matters not actually made
less. Thus, unfamiliarity with the rules is a sign during the hearing [Balanay v. White, A.M.
of incompetence. [Department of Justice v. No. RTJ-16-2443, (2016)].
Hon. Rolando Mislang, A.M. No. RTJ-14-2369
(2016)] Judge Perez’s being inexperienced as a newly
appointed judge and his explanation that the
Gross Inefficiency delay was not intended to prejudice the
plaintiffs are not persuasive, because it is his
Like misconduct, inefficiency as a ground for
disciplinary action must be serious or one duty to resolve the cases within the
reglementary period as mandated by law and
which is weighty or momentous and not trifling.
Negligence in the performance of duty, if the rules. A judge is expected to keep his own
listing of cases and to note therein the status of
reckless in character, could amount to serious
each case so that they may be acted upon
or inexcusable inefficiency [Agpalo (2004)].
accordingly and without delay. He must adopt
a system of record management and organize
Examples:
● Failure to deposit funds with the municipal his docket in order to monitor the flow of cases
for a prompt and effective dispatch of business.
treasurer or produce them despite promise
to do so [Montemayor v. Collado (1981)]; He is guilty of undue delay in rendering a
decision which is a less serious charge.
● Misappropriation of fiduciary funds (i.e.,
[Gamboa-Roces v. Perez, A.M. No. MTJ-16-
proceeds of cash bail bond) by depositing
1887, (2017)].
the check in a personal account, thus
Page 90 of 129
U.P. LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
Page 91 of 129
U.P. LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
Constitution, treason, bribery, graft and impeachment refers to an offense done by the
corruption, other high crimes, or betrayal of public official during his term of office and there
public trust. Justices and judges of lower courts is a presumption that said official legally holds
may be removed from office as provided by that office. In a quo warranto proceeding, the
law, but not impeachment. question goes to the legality of the
appointment. There is no question on the
In In re: Charges of Plagiarism, etc. against validity of the officer’s title to the office in an
Associate Justice del Castillo, A.M. No. 10-7- impeachment hearing. [Republic v. Sereno,
17-SC (2011), the sole disciplining authority of G.R. No. 237428, May 11, 2018]
all impeachable officers, including Justices of
the Supreme Court, is Congress. 5. Sanctions imposed by the
Impeachment, though a political process, also Supreme Court on erring members
serves as an administrative disciplinary of the judiciary
proceeding against an impeachable officer as
they are not subject to the ordinary disciplinary
On September 11, 2001, the Court approved
proceeding initiated by the Judiciary or the A.M. No. 01-8-10-SC which amended Rule 140
Executive.
of the Rules of Court which governed the
discipline of justices and judges. See the table
Note: In Republic vs. Sereno the Supreme
below for the grounds, offenses, and
Court granted the quo warranto petition of the corresponding sanctions imposed:
government thereby removing Chief Justice
Sereno from office. The court reasoned that
Page 92 of 129
U.P. Law BOC Judicial Ethics Legal and Judicial Ethics
Page 93 of 129
U.P. Law BOC Forms Practical Exercises
FORMS
PRACTICAL EXERCISES
Page 94 of 129
A. DEMAND AND AUTHORIZATION LETTERS
Demand Letter
[DATE]
[NAME OF ADDRESSEE]
[ADDRESS]
RE: [SUBJECT]
Dear [NAME],
We wish to inform you that your acts constitute violation of [APPLICABLE LAW OR
CONTRACTUAL STIPULATION].
Accordingly, a demand is hereby made upon you to settle the amount of [AMOUNT] within ____
days from the receipt of this letter. Otherwise, we will be constrained to find recourse in the courts of
law and file the necessary legal action against you to protect the interest of our client.
We trust that you will give this matter your urgent attention.
Yours,
[COUNSEL]
Authorization Letter
[DATE]
I am writing this letter to introduce my counsel, [FIRM] and to authorize its lawyers and
apprentices, including, but not limited to, [NAMES OF LAWYERS] to obtain copies of records
pertaining to the aforementioned case on my behalf.
For any clarifications or concerns, you may reach me through [NUMBER/E-MAIL ADDRESS]
Page 95 of 129
Thank you for your kind consideration.
Yours,
[NAME OF CLIENT]
Page 96 of 129
B. CONTRACT OF SALE
That for and in consideration of the sum of [AMOUNT IN WORDS PESOS] (PhP xxx,
xxx.xx), Philippine Currency, receipt whereof is hereby acknowledged to my entire satisfaction, I
hereby sell, transfer and convey by way of Absolute Sale unto [NAME OF BUYER], Filipino, of legal
age, and resident of [ADDRESS OF BUYER], the above described motor vehicle, free from all liens
and encumbrances.
IN WITNESS WHEREOF, the parties have signed this agreement this __th day of [MONTH,
YEAR] at [PLACE OF SIGNING].
(sgd.) (sgd.)
[NAME OF BUYER] [NAME OF SELLER]
VENDEE VENDOR
With my consent:
(sgd.)
[NAME OF SPOUSE OF SELLER]
_________________ _________________
Page 97 of 129
BILL OF SALE
I, [NAME OF SELLER], Filipino, single, and resident of [ADDRESS OF SELLER] for and in
consideration of the amount of [AMOUNT IN WORDS PESOS] (PhP xxx,xxx.xx), paid to me today
by [NAME OF BUYER], Filipino, single and resident of [ADDRESS OF BUYER] do hereby SELL,
TRANSFER and CONVEY absolutely and unconditionally unto said [NAME OF BUYER] the following
property:
(Description of property)
I own and have the right to sell and transfer the title and ownership of the above–described
property; I will defend the same against the claims of any and all persons whatsoever.
IN WITNESS WHEREOF, I have signed this instrument this __th day of [MONTH, YEAR]
at [PLACE OF SIGNING].
(sgd).
[NAME OF SELLER]
_________________ _________________
[PLUS ACKNOWLEDGMENT]
IN WITNESS WHEREOF, I have signed this instrument this __th day of [MONTH, YEAR]
at [PLACE OF SIGNING]
Page 98 of 129
(sgd).
[NAME OF SELLER]
_________________ _________________
[PLUS ACKNOWLEDGMENT]
THAT the SELLER does hereby declare that the boundaries of the foregoing land are visible
by means of [MONUMENTS, CREEKS, TREES ETC.] that the permanent improvements existing
thereon consist of [LIST VARIOUS IMPROVEMENTS, IF NONE, STATE SO.]; that the land is
assessed for the current year at (PhP xxx.xx) as per Tax Declaration No. _________, and that the
property is in present possession of the SELLER.
The above described real estate, not having been registered under Act No. 496 nor under the
Spanish Mortgage Law, I have agreed to register this instrument under the provisions of Sec. 194 of
the Revised Administrative Code, as amended by Sec. 113 of P.D 1159.
IN WITNESS WHEREOF, I have signed this instrument this __th day of [MONTH, YEAR]
at [PLACE OF SIGNING].
(sgd).
[NAME OF SELLER]
Page 99 of 129
With my consent:
(sgd.)
[NAME OF SPOUSE OF SELLER]
_________________ _________________
[PLUS ACKNOWLEDGMENT]
This DEED OF ABSOLUTE SALE is made, executed and entered into by:
-and-
WITNESSETH
That the SELLER is the registered owner in fee simple of a parcel of land with improvements
situated in the [CITY/MUNICIPALITY OF ____] with [TRANSFER/ORIGINAL CERTIFICATE TITLE
NO.__________], issued by the Register of Deeds of [CITY/MUNICIPALITY] and more particularly
described as follows:
That the SELLER for and in consideration of the amount of [AMOUNT IN WORDS PESOS]
(PhP xxx,xxx.xx), does hereby SELL, TRANSFER and CONVEY absolutely and unconditionally unto
the BUYER that certain parcel(s) of land, together with the buildings and improvements thereon free
from all liens and encumbrances whatsoever.
That it is hereby mutually agreed that the BUYER shall bear all expenses for the execution
and registration of this deed of sale.
IN WITNESS WHEREOF, the parties have signed this contract on this __th day of [MONTH,
YEAR] at [PLACE OF SIGNING].
[If Buyer and/or Seller are married, include spousal consent as follows:]
With my consent:
(sgd.) (sgd.)
[NAME OF SPOUSE OF BUYER] [NAME OF SPOUSE OF SELLER]
_________________ _________________
CONTRACT OF LEASE
This Agreement made and entered into at [PLACE] this ____ day of [MONTH, YEAR] by and
between [NAME OF LESSOR], of legal age, single/married to [SPOUSE, IF APPLICABLE],
(LESSOR) and resident of [ADDRESS], and [NAME OF LESSEE], of legal age, single and resident
of [ADDRESS] (LESSEE), WITNESSETH that:
2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the
residence of LESSOR;
2.2. To keep the premises in good and habitable condition, making the necessary repairs
inside and outside the house;
2.3. Not to make major alterations and improvements without the written consent of the
LESSOR and in the event of such unauthorized major alterations and improvements,
surrendering ownership over such improvements and alterations to the LESSOR upon
expiration of this lease;
IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first
mentioned.
(sgd.) (sgd.)
[NAME OF LESSOR] [NAME OF LESSEE]
LESSOR LESSEE
With my consent:
(sgd.)
[NAME OF SPOUSE OF LESSOR]
_________________ _________________
I, [NAME], of legal age, Filipino citizen, with residence and postal address at [ADDRESS], do
hereby NAME, CONSTITUTE, AND APPOINT [NAME OF AGENT/ATTORNEY IN FACT], of legal
age, Filipino citizen, with postal address at [ADDRESS], as my true and lawful attorney-in-fact to act
for and in my name, place and stead and to perform the following acts:
(A) To sell, offer for sale, and come to an agreement as to the purchase price;
(B) To sign for me and in my name; and
(C) To receive payment from the sale of my property more particularly described as follows:
[DESCRIPTION OF PROPERTY]
HEREBY GRANTING unto said attorney-in-fact full power and authority to execute and
perform every act necessary to render effective the power to sell the foregoing properties, as though
I myself have performed it, and HEREBY APPROVING ALL that he/she may do by virtue hereof with
full right of substitution of his/her person and revocation of this instrument.
IN WITNESS WHEREOF, I have hereunto affixed my signature on this __th day of [MONTH,
YEAR], in [PLACE OF EXECUTION OF INSTRUMENT].
__________________ __________________
[NAME OF PRINCIPAL] [NAME OF AGENT]
[PLUS ACKNOWLEDGEMENT]
I, [NAME], of legal age, Filipino citizen, with residence and postal address at [ADDRESS], do
hereby NAME, CONSTITUTE, AND APPOINT [NAME OF AGENT/ATTORNEY IN FACT], of legal
(A) To purchase real property or properties situated anywhere in the Philippines, in an amount
acceptable to him/her;
(B) To sign and/or execute any deed conveyance to effect the sale of the property in my name;
and
(C) To receive all documents pertinent to the purchase of any property:
HEREBY GRANTING unto said attorney-in-fact full power and authority to execute and
perform every act necessary to render effective the power to purchase properties, as though I myself
have performed it, and HEREBY APPROVING ALL that he/she may do by virtue hereof with full right
of substitution of his/her person and revocation of this instrument.
IN WITNESS WHEREOF, I have hereunto affixed my signature on this __th day of [MONTH,
YEAR], in [PLACE OF EXECUTION OF INSTRUMENT].
__________________ __________________
[NAME OF PRINCIPAL] [NAME OF AGENT]
[PLUS ACKNOWLEDGEMENT]
(A) Appear for and represent [ABC] whether at the original or appellate stage, and whether as
appellant of appellee, petitioner or respondent;
(B) Sign, under oath or otherwise, all necessary and appropriate pleadings, motions,
verifications, certifications, papers and documents;
(C) Act as agent and appear on behalf of [ABC] in the mandatory conciliation, mediation
conference, judicial dispute resolution, and pre-trial proceedings and all other hearings in the
Case, with full power and authority to consider:
(i) The possibility of an amicable settlement or of submission to alternative modes of
dispute resolution;
HEREBY GRANTING unto said attorney-in-fact full power and authority to execute and
perform every act necessary, as though ABC itself has performed it, and HEREBY APPROVING
ALL that he/she may do by virtue hereof with full right of substitution of his/her person and
revocation of this instrument.
__________________ __________________
[NAME OF PRINCIPAL] [NAME OF AGENT]
[PLUS ACKNOWLEDGEMENT]
I, [NAME], Filipino, of legal age, with residence at [ADDRESS] do hereby state that:
3. I have read its contents and affirm that they are true and correct to the best of my own
personal knowledge and authentic documents in our possession;
4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
IN WITNESS WHEREOF, I have hereunto signed this instrument this __th day of [MONTH,
YEAR] at [PLACE OF SIGNING].
(sgd.)
[NAME OF
AFFIANT]
Affiant
[PLUS JURAT]
Notes:
As per In Re: Letter Complaint of Fabiana [A.M. No. CA-13-51-J (2013)], if there are pending actions
involving the same parties and/or related question of law and/or fact, the affiant must render complete
statements of the present status thereof.
In Jacinto v. Gumaru, Jr. [G.R. No. 191906 (2014)], the Court reiterated the difference between non-
compliance and defective form:
1. Distinguish between non-compliance with the requirement on or submission of defective: (1)
verification, and (2) certification against forum shopping.
2. As to verification, non-compliance/defect does not necessarily render the pleading fatally
defective. The Court may order its submission or correction or act on the pleading if the attending
circumstances are such that strict compliance with the Rule may be dispensed with to serve the
ends of justice.
Please submit the foregoing Motion to the Court for its consideration and approval immediately upon
receipt hereof and kindly include the same in the court’s calendar for hearing on [DATE] at [TIME
e.g. 8:30 in the morning.]
Please take notice that counsel has requested to be heard on [DATE] at [TIME e.g. 8:30 in the
morning.]
(sgd.)
[NAME AND DETAILS OF COUNSEL]
Every written motion required to be heard and the notice of the hearing thereof shall be served in such
a manner as to ensure its receipt by the other party at least three (3) days before the date of hearing,
unless the court for good cause sets the hearing on shorter notice. (Sec. 4)
The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date
of the hearing which must not be later than ten (10) days after the filing of the motion. (Sec. 5)
EXPLANATION
The foregoing [DESIGNATION OF PLEADING, MOTION, ETC.] and its attachment(s) were served
on [NAME OF OPPOSING COUNSEL] [IF APPLICABLE: “AND FILED WITH THIS HONORABLE
COURT”] by registered mail due to the lack of time and available personnel to effect personal
service. This explanation is given pursuant to Section 11, Rule 13 of the Rules of Court.
(sgd.)
[NAME AND DETAILS OF COUNSEL]
AFFIDAVIT OF SERVICE
Nature of Pleading/Paper
________________________
________________________
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on ___day of [MONTH,
YEAR] at [PLACE OF SIGNING].
(sgd.)
[NAME OF AFFIANT]
Affiant
[PLUS JURAT]
JUDICIAL AFFIDAVIT
Q1: [QUESTION]
A: [ANSWER]
Q2: [QUESTION]
A: [ANSWER]
Q3: [QUESTION]
A: [ANSWER]
Q4: [QUESTION]
A: [ANSWER]
Q5: [QUESTION]
A: [ANSWER]
IN WITNESS WHEREOF, I have hereunto signed this instrument this __th day of [MONTH,
YEAR] at [PLACE OF SIGNING].
(sgd.)
[NAME OF AFFIANT]
Affiant
IN WITNESS WHEREOF, I have hereunto signed this instrument this __th day of [MONTH,
YEAR] at [PLACE OF SIGNING].
(sgd.)
[NAME OF LAWYER]
[PLUS JURAT WHICH INCLUDES THE DETAILS OF THE WITNESS AND LAWYER]
Note: Judicial Affidavit Rule shall apply to ALL actions, proceedings, and incidents requiring the
presentation of evidence; ALL courts, quasi-judicial and investigative bodies authorized by SC to
receive evidence, including IBP; and NOT to small claims cases.
A false attestation shall subject the lawyer to disciplinary action against disbarment.
(Sgd.)
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of [YEAR]
BEFORE ME, this ___ day of [MONTH, YEAR] in the [CITY/ MUNICIPALITY OF
__________], personally appeared:
NAME TYPE OF I.D AND I.D NO. DATE/PLACE ISSUED
__________________________________ _____________________________
__________________________________ _____________________________
__________________________________ _____________________________
Known to me and to me known to be the same persons who executed the foregoing instrument, and
who acknowledged to me that the same is their free act and deed.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year
and place written.
(Sgd.)
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of [YEAR]
Note: If the instrument consists of 2 or more pages, include the following after the 1st paragraph:
This instrument, consisting of ___ pages, including the page on which this acknowledgment is written,
has been signed on the left margin of each and every page thereof by ___________ and his witnesses
(if any), and sealed with my Notarial seal.
BEFORE ME, this ___ day of [MONTH, YEAR] in the [CITY/ MUNICIPALITY OF
__________], personally appeared [NAME OF AFFIANT], representing to be [POSITION IN THE
CORPORATION] of [NAME OF CORPORATION] with [VALID IDENTIFICATION DOCUMENT]
(No.________________) issued by the [OFFICIAL AGENCY] on [DATE OF ISSUANCE], known to
me to be the same person who executed the foregoing instrument, and who acknowledged to me that
the same is his free act and deed.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year
and place written.
(Sgd.)
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of [YEAR]
The jurat in the petition in the case also begins with the words "subscribed and sworn to me."
To subscribe literally means to write underneath, as one's name; to sign at the end of a document.
To swear means to put on oath; to declare on oath the truth of a pleading, etc. Accordingly, in a jurat,
the affiant must sign the document in the presence of and take his oath before a notary public or any
other person authorized to administer oaths. [Gamido v. New Bilibid Prison Officials, G.R. No. 114829,
March 1, 1995].
An acknowledgment is the act of one who has executed a deed in going before some competent officer
or court and declaring it to be his act or deed. [Tigno v. Spouses Aquino, G.R. No. 129416, November
25, 2004]
Note that if the document is subscribed before a public officer duly authorized to take oaths under the
Revised Administrative Code, then there is no need for the affiant to produce a Community Tax
Certificate (CTC), any competent evidence of identity by at least one current identification document
issued by an official agency bearing the photograph and signature of an individual, nor for the entry
into a Notarial Register; the italicized portion of the jurat is dispensed with, but not the oath itself.
Notes:
1. Rule 7, Sec. 3 of the Rules of Court reiterates the importance of the signature of counsel, and an
unsigned pleading produces no legal effect.
2. The En Banc Resolution on Bar Matter No. 1132 (2003) requires counsels to indicate the ff. in all
papers and pleadings submitted to the various judicial or quasi-judicial bodies:
[DEFENDANT],
Defendant.
x-------------------------------------------------------------------x.
COMES NOW the Defendant by his undersigned counsel, and to this Honorable Court
respectfully states that:
1. Defendant engaged the services of undersigned counsel only on [DATE];
2. Defendant was served with Summons and copy of the Complaint on [DATE] and
thus has until [DATE] within which to submit an [ANSWER OR OTHER
RESPONSIVE PLEADING];
3. However, due to the pressured of equally urgent professional work and prior
commitments, the undersigned counsel will not be able to meet the said deadline;
4. As such, the undersigned counsel is constrained to request for an additional period
of [NUMBER OF DAYS] from [DATE TODAY] or until [DATE OF END OF
EXTENSION] within which to submit Defendant’s [ANSWER OR OTHER
RESPONSIVE PLEADING]. Moreover, this additional time will also allow the
undersigned to interview the available witness and study this case further;
5. This motion is not intended for delay but solely due to the foregoing reasons.
PRAYER
WHEREFORE, Defendant most respectfully prays of this Honorable Court that he be given
an additional period of [NUMBER OF DAYS] from [DATE TODAY] or until [DATE OF END OF
EXTENSION] within which to submit an [ANSWER OR OTHER RESPONSIVE PLEADING].
Other just and equitable reliefs prayed for.
[VENUE], [DATE].
[NAME OF COUNSEL]
Attorney for Defendant
[ADDRESS]
Roll No. [1234]
PTR No. [1234] / [Place] / [Date]
NOTICE OF HEARING
The undersigned will submit the foregoing Motion for Extension of Time for the consideration
and approval of the Honorable Court on [DATE] at [TIME].
COPIES FURNISHED
[NAME OF COUNSEL]
Attorney for Plaintiff
[ADDRESS]
Motion to Dismiss
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH [#], [VENUE]
[DEFENDANT],
Defendant.
x-------------------------------------------------------------------x.
MOTION TO DISMISS
COMES NOW the defendant by his undersigned counsel, and to this Honorable Court
respectfully moves that the complaint be dismissed on the following grounds:
[GROUNDS]
Discussion
[ARGUMENTS]
PRAYER
[NAME OF COUNSEL]
Attorney for Defendant
[ADDRESS]
Roll No. [1234]
PTR No. [1234] / [Place] / [Date]
IBP No. [[1234] / [Place] / [Date]
MCLE Compliance No. [1234]
NOTICE OF HEARING
The undersigned will submit the foregoing Motion to Dismiss for the consideration and
approval of the Honorable Court on [DATE] at [TIME].
COPIES FURNISHED
[NAME OF COUNSEL]
Attorney for Plaintiff
[ADDRESS]
EXPLANATION
This motion will be served on Plaintiff’s counsel by registered mail due to lack of time and
distance between his office and the office of the undersigned.
[DEFENDANT],
Defendant.
x-------------------------------------------------------------------x.
COMES NOW the Plaintiff by his undersigned counsel and to this Honorable Court
respectfully moves that the Defendant be declared in default. Plaintiff respectfully states that:
1. The records of the Honorable Court show that the Defendant was served with copy
of the summons and of the complaint, together with annexes thereto on [DATE];
2. Upon verification however, the records show that Defendant [NAME] has failed to
file his Answer within the reglementary period specified by the Rules of Court
despite the service of the summons and the complaint;
PRAYER
[VENUE], [DATE].
[DETAILS OF COUNSEL]
Attorney for Plaintiff
[ADDRESS]
Roll No. [1234]
PTR No. [1234] / [Place] / [Date]
IBP No. [[1234] / [Place] / [Date]
MCLE Compliance No. [1234]
NOTICE OF HEARING
The undersigned will submit the foregoing Motion to Declare in Default for the consideration
and approval of the Honorable Court on [DATE] at [TIME].
COPIES FURNISHED
[DETAILS OF COUNSEL]
Attorney for Defendant
EXPLANATION
This motion will be served on Defendant’s counsel by registered mail due to lack of time
and distance between his office and the office of the undersigned.
1. That by these presents, I hereby state that I have voluntarily resigned as [POSITION HELD] of
[EMPLOYER];
2. That I hereby acknowledge to have received from my employer the sum of [AMOUNT IN
WORDS] ([P###.##]) which is in full and final satisfaction of my salary and other benefits that may
be due me for the service which I have rendered for the latter employer;
3. That I hereby declare that I have no further claims whatsoever against my employer, its President,
members of the Board, officers or any of its staff and that I hereby release and forever discharge all
of them from any and all claims, demands, cause of action of whatever nature arising out of my
employment with the latter;
4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may be pleaded in bar to any suit
or proceeding (Civil, SSS, PhilHealth, Medicare, Labor, etc.) to which either I, or my heirs and
assigns, may have against my employer in connection with my employment with the latter and that
the payment which I have received as provided herein should not in any way be construed as an
admission of liability on the part of my employer and is voluntarily accepted by me and will, if need
be, serve as full and final settlement of any amount(s) due me or any claims or cause of action,
either past, present, future, which I may have in connection with my employment with my employer;
5.As such, I finally make manifest that I have no further claim(s) or cause of action against my
employer nor against any person(s) connected with the administration and operation of the latter and
forever release the latter from any and all liability.
IN WITNESS WHEREOF, I have hereunto signed this instrument this ___day of [MONTH, YEAR]
at [PLACE OF SIGNING].
(Sgd.)
[NAME OF AFFIANT]
Affiant
(JURAT)
P___.__
[DATE]
FOR VALUE RECEIVED, I promise to pay to the order of [PAYEE], the sum of [AMOUNT]
(P___.__) Philippine Currency, in [NO. OF INSTALLMENTS] (P___.__) equal monthly installments
of [AMOUNT] (P___.__) starting [DATE] and every __th [DAY OF THE MONTH] thereafter until fully
paid. Should I fail to pay on the due date, a late penalty fee of [AMOUNT] (__%) per month shall be
added on each unpaid installment from due date thereof until fully paid. In addition to the foregoing, I
promise to pay monthly interest at the rate of [INTEREST RATE] (___%) percent, without need of
demand, starting from the month of [MONTH, YEAR] until this note is fully paid.
IN WITNESS WHEREOF, I have hereunto signed this instrument this ___day of [MONTH, YEAR]
at [PLACE OF SIGNING].
(Sgd.)
[NAME OF MAKER]
Maker
INFORMATION
That on or about ________ 200_, in the City of ________ and within the jurisdiction of this
Honorable Court, the said accused, being then legally married to _____________________, and
without such marriage having been legally dissolved and thus valid and existing, did wilfully, unlawfully
and feloniously contract a second marriage with _____________________ in the City of ________.
CONTRARY TO LAW.
_____________________
Assistant City Prosecutor
I hereby certify that a preliminary investigation in this case was conducted by me in accordance
with law; that I examined the Complainant and her witnesses; that there is reasonable ground to
believe that the offense charged had been committed and that the accused is probably guilty thereof;
that the accused was informed of the Complaint and of the evidence submitted against him and was
given the opportunity to submit controverting evidence; and that the filing of this Information is with the
prior authority and approval of the City Prosecutor.
_____________________
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this __th day of _________ 200_ in ________ City.
_____________________
City Prosecutor
Bail Recommended: P10,000.00
INFORMATION
That on or about ________ 200_, in the City of ________ and within the jurisdiction of this
Honorable Court, the said accused, then ___ years old and without any known address, willfully,
unlawfully and feloniously, with intent to gain, without force upon things or violence upon persons and
without the knowledge and consent of _____________________, the owner, took a _____________
valued at __________________ Pesos (P________.00) to the prejudice of said owner.
CONTRARY TO LAW.
_____________________
Assistant City Prosecutor
I hereby certify that the accused was lawfully arrested without a warrant and that, upon being
informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal Code and,
for this reason, an Inquest was conducted; that based on the complaint and the evidence presented
before me without any countervailing evidence submitted by the accused, despite opportunity to do
so, there is reasonable ground to believe that the accused has committed the crime of theft and should,
thus, be held for said crime; that this Information was with the prior authority of the City Prosecutor.
_____________________
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this __th day of _________ 200_ in ________ City.
_____________________
City Prosecutor
Note: if Information is filed after inquest (and not preliminary investigation), add:
1. Place where accused is actually detained
2. Full name and address of evidence custodian
3. Detailed description of recovered items, if any
INFORMATION
That on or about ________ 200_, in ________ City, the accused did then and there wilfully,
unlawfully and feloniously enter the house of _____________________, a married woman, and finding
that her husband was away, with lewd designs and by means of force and intimidation, commenced
directly by overt acts to commit the crime of attempted rape upon her person, to wit: while
_____________________ was cooking lunch, the accused seized her from behind, threw her to the
floor, raised her skirt, pulled down her underwear and attempted to penetrate her with his sexual organ
and would have succeeded in doing so had not her loud protests and vigorous resistance brought her
neighbors to her assistance, causing the accused to flee from the premises without completing all the
acts of execution.
I hereby certify that a preliminary investigation in this case was conducted by me in accordance
with law; that I examined the Complainant and her witnesses; that there is reasonable ground to
believe that the offense charged had been committed and that the accused is probably guilty thereof;
that the accused was informed of the Complaint and of the evidence submitted against him and was
given the opportunity to submit controverting evidence; and that the filing of this Information is with the
prior authority and approval of the City Prosecutor.
_____________________
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this __th day of _________ 200_ in ________ City.
_____________________
City Prosecutor
Frustrated Murder
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH [#], [VENUE]
INFORMATION
That on or about ________ 200_, in ________ City, the accused did then and there take a
loaded ________ pistol, directly aim the same firearm at the person of _____________________, an
invalid septuagenarian, and, at point-blank range, with intent to kill, discharge the firearm twice against
the person of said _____________________, inflicting on said _____________________ two (2)
wounds on his chest and stomach, which wounds would have been fatal had not timely medical
assistance been rendered to the said _____________________.
CONTRARY TO LAW with the aggravating circumstances of evident premeditation, use of firearm and
disregard of age.
_____________________
Assistant City Prosecutor
I hereby certify that a preliminary investigation in this case was conducted by me in accordance
with law; that I examined the Complainant and her witnesses; that there is reasonable ground to
believe that the offense charged had been committed and that the accused is probably guilty thereof;
that the accused was informed of the Complaint and of the evidence submitted against him and was
given the opportunity to submit controverting evidence; and that the filing of this Information is with the
prior authority and approval of the City Prosecutor.
_____________________
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this __th day of _________ 200_ in ________ City.
RETAINER CONTRACT
[CLIENT] a domestic corporation duly organized and existing under and by virtue of the
laws of the Republic of the Philippines, with principal office at [ADDRESS] and represented in this act
by its [POSITION], [NAME OF OFFICER], (hereinafter referred to as the "CLIENT");
- and –
[LAW FIRM], a law firm organized under and by virtue of the laws of the Republic of the Philippines
as a general professional partnership, with principal office at [ADDRESS], and represented in this act
by its Managing Partner, [MANAGING PARTNER], (hereinafter referred to as the "LAW FIRM")
WITNESSETH: That —
WHEREAS, the LAW FIRM has offered its professional legal services to the CLIENT and CLIENT
agrees to retain the professional legal services of the LAW FIRM under a retainership basis, subject
to the terms and conditions hereinafter stipulated:
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein agreed
upon, the CLIENT and the LAW FIRM, by these presents, have entered, as they hereby enter, into a
contract of services whereby the LAW FIRM shall render legal services to the CLIENT, under the
following terms and conditions:
1. The term or duration of this contract shall be for one (1) year effective upon signing of this
agreement and shall automatically renewed on a year to year basis unless either party pre-terminates
the same upon serving a thirty (30) day-prior written notice to the other party, without need of cause;
2. The LAW FIRM, while in the performance of its duties, shall be entitled to a fixed monthly retainer
fee of PESOS: [AMOUNT] (P___.__);
3. The LAW FIRM shall make itself available for ready consultation by the CLIENT or its duly
authorized officers in all matters or business requiring legal advice and opinion affecting the said
corporation in general. Written opinions rendered by the LAW FIRM on matters affecting the
business and operations of the corporation shall be subject to confirmations;
4. The LAW FIRM shall render documentation and notarial services to the CLIENT as part of this
retainership. Client documents shall be notarized free of charge while documents requiring the
participation and signature of a party other than the Client shall be subject to fees or charge at the
following rates:
Notarial Rates
6. In collection cases other than extra-judicial foreclosure of mortgage, the attorney's fees shall be at
the rates provided as follows:
7. The LAW FIRM shall handle other cases as referred to it by the CLIENT for a fee that shall be
determined by mutual agreement of the law firm and the CLIENT, on a case to case basis, such as,
but not limited to, all suits or cases for or against the CLIENT, including officers and employees of the
CLIENT sued in their official capacity;
8. The LAW FIRM shall not compromise or settle judicially or extra-judicially any account, foreclosure
proceeding or suit wherein the CLIENT is a party, without the written consent and conformity of the
CLIENT or his duly authorized officer;
9. Routinary expenses for mailing of demand letters, pleadings to court and copies thereof to adverse
parties, costs of photocopy of evidentiary documents, payment of stenographic notes,
costs of publications of notices, as well as filing fees and other legal expenses in court and other
appropriate government offices shall be for the account of the CLIENT;
10. The LAW FIRM shall, whenever requested by the CLIENT take immediate measures to investigate
the facts and ascertain the legal position of the CLIENT concerning any accidents, claim or
liability, and shall on such cases do what may be required for the protection of the CLIENT. The LAW
FIRM may represent the CLIENT in all suits and proceedings pending or which may be pending in
[CITY] or its environs wherein the CLIENT is a party, or its rights or interest are involve, at the
direction of the CLIENT;
11. The LAW FIRM shall keep in its office a docket of record in which it shall cause to be recorded all
proceedings connected with any action which the CLIENT is interested and shall keep such other
records necessary to preserve a complete history of the business of the CLIENT entrusted to its
charge. Said docket and records shall be subject to the inspection and control of the CLIENT or his
representative;
12. The LAW FIRM shall submit to the CLIENT at least once every quarter or as often as required,
written reports on all pending matters handled by the LAW FIRM for the CLIENT;
13. The LAW FIRM, in addition to the herein enumerated services, shall well and faithfully serve the
CLIENT and shall at all times devote its whole time and attention to the assignments and tasks
given and/or entrusted to it by the CLIENT and shall do and perform all such services, acts and things
connected therewith as the CLIENT shall from time to time direct; nor shall the LAW FIRM at any time
get itself in a situation where a conflict of interest may arise between those of the CLIENT and the
LAW FIRM and/or its CLIENTS;
14. The LAW FIRM shall not, either during the term of this contract or any time thereafter, use or
disclose to any person, office, corporation or entity any confidential information concerning the
affairs of the CLIENT which he nay have acquired in the course of or as incident to this contract for its
own benefit, or to the detriment or probable detriment of the CLIENT;
16. Any violation of the terms and conditions of this contract by the LAW FIRM shall give the CLIENT
the option to rescind or cancel immediately the contract without necessity of judicial proceedings;
17. The CLIENT reserves the right to terminate this Agreement without need of cause or reason upon
thirty-day written notice to the LAW FIRM.
IN WITNESS WHEREOF, the parties have signed this on this___ day of [MONTH, YEAR], in [PLACE
OF EXECUTION OF INSTRUMENT].
__________________________________ __________________
[NAME OF MANAGING PARTNER] [NAME OF CLIENT]
[PLUS ACKNOWLEDGEMENT]