Basic Legal Ethics

Canon 7-13

Canon 7 – 9 (Lawyer and the legal profession)

Canon 7: Duty to uphold the integrity and dignity of the legal profession and support the
Integrated Bar
- As such, a lawyer shall:
o Be answerable for information he submitted for his admission to the bar
o Support only qualified applicants for admission to the bar
o Be professional and dignified, in his public or private life

 Canon 7: A lawyer shall at all times uphold the integrity and dignity of the
legal profession and support the activities of the integrated bar.
 Maintenance of a high standard of legal proficiency and fair dealing is a
prerequisite to making the bar an effective instrument in the proper
administration of justice.
 It is necessary that lawyers strive to uphold the honor and maintain dignity of
the profession and to improve the law and the administration of justice.
 The respect of the public to the legal profession is enhanced by the faithful
performance of the lawyer’s duties to the court, to society, to his brethren in
the profession, and to his client.
 Such respect is diminished whenever a member betrays the trust and
confidence reposed in him by his client.
 Public confidence in law and lawyers may be eroded by the irresponsible and
improper conduct of a member of the bar.
 Thus, every lawyer should act in a manner that would promote public
confidence in the integrity of the profession.
 A lawyer should also involve in and actively support the activities of the IBP.

 A person shall make no false statement in his application for admission to the bar
 Rule 7.01. A lawyer shall be answerable for knowingly making a false
statement or suppressing a material fact in connection with his application
for admission to the bar.
 Observance of the duties and responsibilities of a lawyer begins even as a law
student. A student’s failure to live up to them may be a ground for SC to refuse
admission to practice or for disbarment should SC learn later on about
his/her transgressions.
 A person seeking to be admitted to the bar must show that he has all the
qualifications and none of the disqualifications prescribed by law.

 A lawyer shall not support unqualified applicant to the bar

 Rule 7.02. A lawyer shall not support the application for admission to the
bar of any person known by him to be unqualified in respect to character,
education, or other relevant attribute.
 A lawyer should not readily execute an affidavit of good moral character in
favor of an applicant who has not live up to the standard set by law.
 He should volunteer information or cooperate in any investigation concerning
alleged anomaly in the bar examination. This is to help guard the profession
from candidates who are unfit or unqualified.
 He should expose without fear or favor before the SC corrupt or dishonest
conduct in the profession and should not hesitate to accept professional
employment against a lawyer who has wronged his client.

 A lawyer shall always conduct himself ethically and morally

 The best way a lawyer can uphold the integrity and dignity of the profession is
not to engage in conduct that adversely reflects on his fitness to practice law,
 nor shall he, whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession. (Rule 7.03)
 He should endeavor to conduct himself in such a way as to give credit to the
legal profession and to inspire the confidence, respect, and trust of his clients
and the community.
 Acts which adversely reflect on the lawyer’s fitness to practice law, which
justify suspension:
1. Gross immorality;
2. Conviction of a crime involving moral turpitude;
3. Fraudulent transactions.

 Gross immorality reflective of unfitness to practice

o Acts of personal immorality in his private relation with the opposite sex.
o Gross immorality of the act, not merely immorality, to justify suspension
or disbarment.
o Grossly Immoral Act
1. One that is so corrupt and false as to constitute a criminal act.
2. Unprincipled or disgraceful as to be reprehensible to a high degree.

o Acts of gross immorality, justifying denial of application to take the

lawyer’s oath or suspension or disbarment:
1. Living an adulterous life with a married woman.
2. Maintaining illicit relations with a niece.
3. Abandonment of his lawful wife to live with another woman.
4. Contracting marriage while first marriage still subsisting.
5. Seducing a woman to have carnal knowledge with her on the basis of
misrepresentation that he is going to marry her, that he is single, or
that they are already married upon signing a mere application for
marriage license.
6. Carnal knowledge with a student by taking advantage of his position.

o However, mere intimacy between man and woman either of whom possess
no legal impediment to marry, voluntarily carried on and devoid of any
deceit on the part of the lawyer, is not corrupt or unprincipled to warrant
disciplinary action as member of the bar. Even if the relationship results in
the woman giving birth to a child so long as he admits paternity and agrees
to support the child.
 Cohabitation per se is not grossly immoral.
o Whether a lawyer’s sexual congress with a woman not his wife
should be characterized as grossly immoral will depend upon the
surrounding circumstances.
 Even if the evidence is not sufficient to hold a lawyer liable for gross
immorality, may nonetheless be reprimanded where such evidence shows
failure on his part to comply with the rigorous standards of conduct.

 Conviction of a crime involving moral turpitude

 Moral turpitude:
o Anything which is done contrary to justice, honesty, modesty, or
good morals.
o Any act of vileness, baseness, or depravity in the private and social
duties a man owes his fellowmen or to society, contrary to the
accepted rule of right and duty between man and woman.
o In general, all crimes which fraud or deceit is an element.
 Lawyers convicted of such crime are either suspended or disbarred.

 Commission of fraud or falsehood

 Commission of such may badly reflect on his fitness to practice law.
  He may be administratively disciplined.
 Acts of misconduct calling for disciplinary actions:
1. Falsely stating in a deed of sale that the property is free from liens or
encumbrances.
2. Knowingly taking part in a false and simulated transaction.
3. Making it appear that a vendor, long dead, executed a document of
sale in his favor.
4. Concealing in an information sheet required by law in connection with
his employment the fact that he was charged with or convicted of a
crime.
5. Borrowing money as a guardian for his benefit upon the ward’s
property as collateral without the court’s approval.
6. Encashing a check payable to his deceased cousin by signing the
latter’s name.
7. Falsifying a power of attorney and using it to collect the money due the
principal and converting it to his benefit.
8. Misappropriating money belonging to his employer.

Canon 8: Duty to be professionally courteous and fair

- As such, a lawyer shall:
o Observe professional courtesy, fairness and candor and not use abusive
language in his professional dealing; and
o Refrain from professional encroachment, whether directly or indirectly

 Generally
 Membership in the bar imposes upon lawyers certain obligations to one
another.
 What makes the practice of law a profession:
o Observance of honorable, candid, and courteous dealings with other
lawyers.
o Fidelity to known and recognized customs and practices of the bar.

- Candor, fairness, and truthfulness should characterize relations

 The Court reminds parties and counsels to avoid further squabbles and
unnecessary filing of administrative cases against each other.
 Mutual bickering and unjustified recriminations between attorneys detract
from the dignity of the legal profession and will not receive sympathy from the
Court.
 Duty of lawyer to restrain his client from improprieties and to terminate his
relation with him if the latter persists in his wrongdoing.
 A lawyer should not use, to his or his client’s benefit, the secrets of the adverse
party acquired through design or inadvertence.
 A lawyer who thinks a case is weak may not criticize the lawyer who accepts it,
much less should he attribute to him evil motive for taking up the client’s
cause.
 It is not, however, improper for a lawyer to accept employment to compel
another lawyer to honor the just claim of a layman. His action toward such
end, as writing a letter of demand to the lawyer, is not unethical since it is
mere honest effort to serve the interest of the client.

- A lawyer should use temperate language

 Rule 8.01. A lawyer shall not, in professional dealings, use language which
is abusive, offensive or otherwise improper.
 His arguments, written or oral, should be gracious to both the court and the
opposing counsel.
  Should be of such words as may be properly addressed by one gentleman to
another.
 “Do as adversaries do in law: strive mightily but eat and drink as friends.”
 Whatever may be the ill-feelings between the clients should not influence
counsel in their conduct and demeanor toward each other.
 They should scrupulously avoid all personalities and personal history or
personal peculiarities and idiosyncrasies of the other.

- A lawyer shall not encroach upon business of another

 Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer; however, it is the right of any
lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.
 A lawyer should not steal the other lawyer’s client nor induce the latter to
retain him by promise of better service, good result or reduced fees for his
services. Neither should he disparage another, make comparisons or publicize
his talent as a means to further his law practice.
 It is, however, the right of a lawyer, without fear or favor, to give proper advice
to those seeking relief against unfaithful or neglectful counsel.
 He may accept employment to handle a matter previously handled by another
lawyer, provided that the other lawyer has been given notice of termination of
service. Without such notice, he shall only appear once he has obtained
conformity or has, at the very least, given sufficient notice of contemplated
substitution.
 A lawyer’s appearance in the case without notice to the first lawyer amounts to
an improper encroachment upon the professional employment of the original
counsel.

- Negotiation with opposite party

 Canon 9 of the Canons of Professional Ethics provides that a “lawyer shall not
in any way communicate upon the subject of controversy with a party
represented by counsel, much less should he undertake to negotiate or
compromise the matter with him, but should deal only with his counsel. It is
incumbent upon the lawyer most particularly to avoid everything that may
tend to mislead a party not represented by counsel, and he should not
undertake to advise him as to the law.”
 A lawyer should not, in the absence of the adverse party’s counsel, interview
the adverse party and question him as to the facts of the case even if the
adverse party was willing to do so. Neither should he sanction the attempt of
his client to settle a litigated matter with the adverse party without the consent
nor knowledge of the latter’s counsel.

- Association as a colleague in a case

 A client’s proffer of assistance of additional counsel should not be regarded as
evidence of want of confidence but the matter should be left to the
determination of the client.
 The 2nd lawyer should communicate with the 1st before making an
appearance. Should the 1st lawyer object, he should decline association but if
the 1st lawyer is relieved, he may come into the case.
 When there is conflict of opinions between two lawyers jointly associated in a
case, the client should decide. The decision should be accepted unless the
nature of the difference makes it impracticable for the lawyer whose judgment
has been overruled to cooperate effectively. In this event, it is his/her duty to
ask client to relieve him/her.
Canon 9: Duty to not directly or indirectly, be involved in the unauthorized practice of
law
- As such, a lawyer shall:
o Not be involved in the unauthorized practice of law;
o Keep a lawyer’s work limited to lawyer’s only; and
o Divide legal fees with lawyers only

- Duty to prevent unauthorized practice of law

 Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized
practice of law.
 Public policy requires that the practice of law be limited to those individuals
found duly qualified in education and character.
 The permissive right conferred on the lawyer is an individual and limited
privilege subject to withdrawal if he fails to maintain proper standards of
moral and professional conduct.
 Purpose is to protect the public, the court, the client, and the bar from
incompetence and dishonesty of those unlicensed to practice law and not
subject to the disciplinary control of the court.
 The law makes it a misbehavior on the part of the lawyer to aid a layman in the
unauthorized practice of law.
 A person not admitted to the bar may not hold himself out to the public as
engaged in the practice of law, either alone or as associated with a practicing
attorney under a firm name. (US v. Ney (1907))
 He may not form a partnership with a lay accountant to specialize in income
tax work unless he ceases to hold himself out as a lawyer and strictly confine
his activities to such as are open to lay accountants.

- Intervention of intermediary not allowed

 Prohibition on intermediary to intervene in the performance of lawyer’s
professional obligations.
 Lawyer’s relation to client is personal and responsibility is direct.
 Intervention of lay agency between lawyer and the client is forbidden.
 It is thus improper for a lawyer to accept employment from an automobile club
which, in soliciting membership, offers free services of it legal department to
members.
 Employment should not include the rendering of legal services to members of
such an organization in respect to their individual affairs.
 A charitable society rendering aid to the indigent is not, however, an
intermediary within the meaning of the rule.

- A lawyer shall not delegate legal work to non-lawyers

 Rule 9.01. A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a member
of the Bar in good standing.
 He should not delegate to a layman any work which involves the application of
law, such as:
1. The computation and determination of the period within which to appeal
and adverse judgment.
2. Examination of witnesses.
3. Presentation of evidence.
 Can employ secretaries, investigators, detectives, researches as long as they are
not involved in the practice of law (e.g., not “writing” pleadings, appearing in
court, etc.)

- A lawyer shall not divide fees with non-lawyers

 Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law.
 Exceptions:
1. Where there is a pre-existing agreement with a partner or associate that,
upon the latter’s death, money shall be paid over a reasonable period of
time to his estate or to persons specified in the agreement.
2. Where a lawyer undertakes to complete unfinished or legal business of a
deceased lawyer.
3. Where a lawyer or law firm includes non-lawyer employees in a retirement
plan, even if the plan is based in whole or in part, on profit sharing
arrangement.
 The first two exceptions to the rule represent compensation for legal service
rendered by the deceased lawyer during his lifetime, which is paid to his estate
or heirs.
 The third exception to the rule does not involve, strictly speaking, a division of
legal fees with non-lawyer employees. The retirement benefits in the form of
pension represent additional deferred wages or compensation for past services
of the employees
 Impropriety arises where the effect of the arrangement is to make the estate or
heir a member of the partnership along with the surviving partners, or where
the estate or heir is to receive a percentage of fees that may be paid from future
business of the deceased lawyer’s clients. Such fees no longer represent
compensation for past services of the deceased lawyer.
 An agreement between a union lawyer and a layman president of the union to
divide equally the attorney’s fees that may be awarded in a labor case violates
the rule.
Canon 10-13 (Lawyer and the Courts)

Canon 10: Duty of candor, fairness and good faith to the courts
- As such, a lawyer shall:
o Be truthful and be a minister of truth specially in his dealings with the
court
o Give accurate quotes and citations; and
o Use the rules of procedure to achieve justice

Canon 10. A Lawyer owes candor, fairness and good faith to the Court.
- He is an officer of the court exercising a privilege, which is indispensable in the
administration of justice.
- If he were to act other than candidly, fairly, and truthfully, the administration of
justice will suffer as a result thereby.
- Supreme Court aptly underscored reasons:
o He is an officer of the court exercising privileges indispensable to the
administration of justice.
o Courts are entitled to expect only complete honesty from lawyers
appearing before them.
o Like the court itself, he is an instrument to advance its ends – the speedy,
efficient, and impartial adjudication of cases.
- It is thus unprofessional to deal other than candidly with the facts in taking
statements of witnesses, in drawing affidavits, and other documents, and in the
presentation of causes.
- A lawyer, however, though an officer of the court, is not an umpire but an
advocate.
- His personal belief in the soundness of his cause or of the authorities supporting
it is irrelevant.

Rule 10.01. A lawyer shall not do any falsehood, nor consent to the doing of any in
Court, nor shall he mislead or allow the Court to be misled by an artifice.
- He swore, upon his admission to the practice, that will do no falsehood and
conduct himself according to the best of his knowledge and discretion with all
good fidelity to the court and to his client; never to seek to mislead the courts by
an artifice or false statement of fact or law.
- The oath embodies the fundamental duties of a lawyer, which he must honor as
there would be a great detriment to, if not a failure of, the administration of
justice if courts could not rely on the representations of the lawyers in the
handling of their cases.
- A lawyer should not conceal the truth from the court, nor mislead the court in any
manner no matter how demanding his duties to his client may be.
- No client is entitled to receive from the lawyer any service involving dishonesty to
the courts.
- A lawyers should neither endeavor by dishonest means to mislead the court or
the adverse party nor make false allegations in a pleading.
- It is improper for counsel of the accused to ask him to plead guilty to an offense
which counsel knows his client did not commit.

Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a
paper, the language or the argument of opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not been proved.
- A lawyer who deliberately made it appear that the quotations in his motion for
reconsideration were findings of the Supreme Court, when they were just part of
 the memorandum of the Court Administrator, and who misspelled the name of
the complainant and made the wrong citation of authority.
- In signing the Court’s decisions, it is the bounden duty of courts, judges, and
lawyers to reproduce or copy the same word for word and punctuation mark by
punctuation mark.
- Only from the Supreme Court’s rulings do all other courts, as well as lawyers and
litigants, take their bearing.
- New Civil Code, Article 8. Judicial decisions applying or interpreting the laws or
the Constitution shall form a part of the legal system of the Philippines.
- Thus, ever present is the danger that if not faithfully and exactly quoted, the
decisions and rulings of the Supreme Court may lose their proper and correct
meaning, to the detriment of other courts, lawyers, and the public who may be
misled.
- If inferior courts and members of the bar meticulously check and recheck their
citations of authorities, appellate courts will be precluded from acting on
misinformation and save precious time in finding out whether the citations are
correct.

Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to
defeat the ends of justice.
- Rules of procedure offer innumerable opportunities and means for delay and to
defeat the ends of justice.
- Procedural rules are instruments in the speedy and efficient administration of
justice. They should be used to achieve such end and not to derail it.
- Filing of multiple petitions constitutes abuse of the court’s processes.
- He should not use his knowledge of law as an instrument to harass a party.
- While a lawyer owes fidelity to the cause of his client, it should not be at the
expense of truth and administration of justice.
- A judicious study of the facts and the law should advise him when a case should
not be filed, as it would only clutter the dockets.

OBSERVING AND MAINTAINING RESPECT DUE THE COURTS AND

JUDICIAL OFFICERS

Canon 11: Duty to respect the courts and judicial officers

- As such, a lawyer shall:
o Be properly attired in courts and be punctual at hearings;
o Observe proper language and behavior in the courts;
o Not attribute unfounded ill-motives to a judge;
o Not criticize the personal or official conduct of a judge in an insulting or
intemperate language; and
o Observe proper grievance mechanism

Respect due the courts

Canon 11. A lawyer shall observe and maintain the respect due to the courts and
judicial officers and should insist on similar conduct by others.
- This canon should constantly remind lawyers that second only to the duty of
maintaining allegiance to the Republic, and to support the Constitution, and obey
the laws of the land, it is the duty of all attorneys to observe and maintain the
respect due to the courts of justice and judicial officers.
- Respect of courts helps build the high esteem and regard toward them, which is
essential to the proper administration of justice.
- A lawyer violates Canon 11 of the code when:
 o He threatens the judge with the filing of an administrative charge if his
motion is not granted.
o Berating the researcher of the court in his pleading is disrespectful to the
court itself.
o A lawyer who openly defied the temporary restraining order issued by the
Court of Appeals.

Obeying court orders

- Lawyers are particularly called upon to obey court orders and processes. They
should stand foremost in complying with the court’s directives and instructions.
- Disrespect to judicial incumbents is disrespect to that branch of the government
to which they belong as well as to the State which has instituted the judicial
system.
- It may happen that counsel possesses greater knowledge of the law than the judge
who presides. It may also happen that since no court claims infallibility, judges
may grossly err in their decisions. Nevertheless, discipline and self-restraint on
the part of the members of the bar even under these adverse conditions are
necessary to the orderly administration of justice.
- Obedience to lawful orders of the court is underscored by the fact that a willful
disregard thereof may subject the lawyer not only to punishment for contempt
but to disciplinary action as an officer of the court.
- The word “willful” conveys the idea of flagrant misconduct such as would indicate
a disposition on the part of a lawyer so refractory in character as to affect his
qualifications and standing for the further exercise of his profession.
- A lawyer who gives a clearly unsatisfactory explanation as to why he failed to
comply with a lawful order commits an act within the meaning of the term
“willful disobedience”

Defending judges from criticism

- It is the attorney’s duty as an officer of the court to defend a judge from

unfounded criticism or groundless personal attack.
- This requires of him not only to refrain from subjecting the judge to wild and
groundless accusation but also to discourage other people from so doing.
- By the very nature of his position as judge, he lacks the power, outside of his
court, to defend himself against unfounded criticism and it is the attorney who
can better more appropriately support the judiciary.

A lawyer shall appear in proper attire

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

- Should be a Barong Tagalog or a coat and tie, either of which is the recognized
formal attire in the country.
- Respect to the court must begin with the lawyer’s outward physical appearance in
court.
- Sloppy or informal attire adversely reflects on the lawyer and demeans the
dignity and solemnity of the court proceedings.
- If he dresses improperly, he may be cited for contempt.
- Lawyers shall be punctual
o A lawyer shows respect to the court by appearing during the trial
punctually and in proper attire.
o He owes it to his client, to the court, and to the public.
o Inexcusable absence from, or repeated tardiness in attending a pre-trial or
hearing may subject the lawyer to disciplinary action and may prejudice
his client who may be declared in default.
 A lawyer shall abstain from offensive language or behavior

- A lawyer’s language should be forceful but dignified, emphatic but respectful as

befitting an advocate and in keeping with the dignity of the legal profession.
- His arguments should be gracious to both the court and opposing counsel and be
of such words as may be properly addressed by one gentleman to another.
- The use of abusive language by counsel against the opposing counsel constitutes
at the same time, a disrespect to the dignity of the court.
- Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing
language or behavior before the courts.
- While he should so abstain from using such language, he may use strong
language to drive home a point. He has the right to be assiduous and zealous in
the prosecution or defense of the client’s cause.
- He should be courageous enough to point out errors, arbitrariness, and injustice
of the courts and judges. The fear of provoking displeasure of the offended judges
must not deter him from complying with this duty to object to illegal or erroneous
judicial decisions.
- He should be allowed some latitude of remark or comment in the furtherance of
the causes he upholds.
- It must never be forgotten that a lawyer pleads; he does not dictate. He should be
courageous, fair, and circumspect, not petulant, combative, or bellicose in his
dealings with the court.
- A lawyer should not assail, without basis, the personal integrity of a judge and
accuse him of misfeasance in an attempt to hide his own inadequacies and
omissions to escape criticism of his client.
- Rule 11.04. A lawyer shall not attribute to a Judge motives not supported by the
record or have no materiality to the case.
- Disrespectful, abusive, and abrasive language, offensive personalities, unfounded
accusations, or intemperate words tending to obstruct, embarrass, or influence
the court have no place in a pleading.
- Neither does the mistake of a judge in some of his rulings warrant the use of
offensive language.
- In championing the cause of his client, a lawyer should not resort to insulting or
disparaging language amounting to disrespect toward the court.

A judge should be courteous to the lawyer to merit respect

- The duty to observe and maintain respect is not a one-way duty from a lawyer to
a judge. A judge should also be courteous to counsel, especially those who are
young and inexperienced.

Upholding court's authority and dignity

- As an officer of the court, a lawyer should uphold the dignity and authority of the
court and not promote distrust in the administration of justice (Canon 10).
- He should seek to preserve faith in the courts and help build and not destroy the
high esteem and regard toward them.
- He should prevent anybody from harboring and encouraging discontent.

A lawyer shall not attribute to a judge improper motives

- A judge may commit errors, he may abuse his discretion in the resolution of
issues before him.
- They do not, however, justify a lawyer to “attribute to a Judge, motives not
supported by the record or have no materiality to the case.” (Rule 11.04).
 - He should not make hasty accusation against the judge without any cogent and
valid ground existing in the record.
- The rule allows criticism so long as it is supported by the record or is material to
the case.
- His right to criticize the acts of courts and judges in a proper and respectful way
and through legitimate channels is well recognized.

A lawyer shall submit grievances to proper authorities

o The duty to support the judge does not, however, preclude a lawyer from filing
administrative complaints against erring judges.
o Rule 11.05. A lawyer shall submit grievances against a Judge to the proper
authorities only.
o That they be filed with the Supreme Court which has administrative
supervision over all courts and the power to discipline judges of lower courts.
o Constitution Article VIII Section 6.
 The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.

o Constitution Article VIII Section 11.

 Xxx
 The Supreme Court en banc shall have the power to discipline judges of
lower courts, or order their dismissal by a vote of a majority of the
Members who actually took part in the deliberations on the issues in
the case and voted thereon.

o A lawyer may prefer charges against a judge only after proper circumspection
and without the use of disrespectful language or offensive personalities.
o A lawyer may not file administrative complaints against judges until he has
exhausted judicial remedies which result in a finding that the judge has
gravely erred.

ASSISTING THE COURT IN SPEEDY AND EFFICIENT ADMINISTRATION

OF JUSTICE

Canon 12: Duty to assist in the speedy and efficient administration of justice
- As such, a lawyer shall:
o Be always prepared for trial;
o Not engage in forum shopping;
o File pleadings on time;
o Not engage in dilatory tactics or misuse court processes;
o Not coach his witness under examination;
o Not present false witness;
o Respect and not harass witness; and
o Not be a witness and counsel at the same time.

Duty to assist in the administration of justice, generally

- Being an officer of the court, he is an instrument to advance its ends – the

speedy, efficient, impartial, correct, and inexpensive adjudication of cases and the
prompt satisfaction of final judgments.
- Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the
speedy and efficient administration of justice.
- He is first and foremost an officer of the court. His duties to the court are more
significant than those which he owes to his client.

A lawyer should come to court adequately prepared

- Rule 12.01. A lawyer shall not appear for trial unless he has adequately prepared
himself on the law and the facts of his case, the evidence he will adduce and the
order of its preference. He should also be ready with the original documents for
comparison with the copies.
- Rule 18.02 - A lawyer shall not handle any legal matter without adequate
preparation.
- Canon 18 - A lawyer shall serve his client with competence and diligence.
- Without adequate preparation, the lawyer may not be able to effectively assist the
court in the efficient administration of justice. Non-observance of this rule might
result in:
o The postponement of the pre-trial or hearing, which would thus entail
delay in the early disposition of the case,
o The judge may consider the client non-suited or in default or
o The judge may consider the case deemed submitted for decision without
client’s evidence, to his prejudice.

A lawyer shall not file multiple actions

- Litigation must end and terminate sometime and somewhere.

- Once a judgment has become final, the winning party be not deprived of that
verdict.
- For this reason, a lawyer should not file several actions arising from the same
cause or seeking substantially identical reliefs as those that had already been
finally disposed of.
- A lawyer violates his oath when he prostitutes judicial process to secure for his
client what is not justly and validly due him such as improper steps taken as a
means of draining the resources of the proper party.

A lawyer shall not resort to forum shopping

o Rule 12.02. A lawyer shall not file multiple actions arising from the same
cause.
o He is prohibited from filing a petition with the Court of Appeals or the
Regional Trial Court where a similar petition has been filed or pending with
the Supreme Court, and vice versa.
o Section 5, Rule 7 of the Rules of Court:

The plaintiff or principal party shall certify under oath in the complaining or
other initiatory pleading asserting a claim for relief, or in a sworn certification
annexed thereto and simultaneously filed therewith:

a) that he has not theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other action or claim is pending therein;

b) if there is such other pending action or claim, a complete statement of the

present status thereof; and

c) if he should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report that fact within 5 days therefrom to
 the court wherein his aforesaid complaint or initiatory pleading has been
filed.

Failure to comply with the foregoing requirements shall not be curable by

mere amendment of the complaint or other initiatory pleading but shall cause
for the dismissal of the case without prejudice, unless otherwise provided,
upon motion after hearing. The submission of false certification or non-
compliance with any of the undertaking therein shall constitute indirect
contempt of court, without prejudice to the corresponding administrative and
criminal actions. If the acts of the party or his counsel clearly constitute willful
and deliberate forum shopping, the same shall be ground for summary
dismissal with prejudice and shall constitute direct contempt, as well as a
cause for administrative sanctions.

o Forum shopping is the improper practice of going from one court to another
in the hope of securing a favorable relief in one court which another court has
denied or the filing of repetitious suits or proceedings in different courts
concerning substantially the same subject matter.

Duty to disclose pending case

- Every party filing an initiatory pleading is required to swear under oath that he
has not and will not commit forum shopping.
- This requires disclosure of any pending case at the time the initiatory pleading is
filed.
- The fact that the initiatory pleading is not based on the same cause of action as
the pending case is not a valid excuse for non-compliance with the disclosure
requirement.

Verification must be signed by the party, not his counsel; exception

- The certification against forum shopping must be signed by the party himself as
he has personal knowledge of the facts therein stated. It should not be executed
by his counsel.
- Exceptions:
o Where there are two or more parties, all of them must sign the verification
and non-forum certification, unless the one who signs, has been
authorized to execute the same on behalf of the petitioner.
o Where the joint parties are husband and wife involving their property,
only the husband may sign the verification.
o If the party is a juridical person (corporation, partnership), the
certification must be executed by a corporate officer or agent duly
authorized by its board of directors.
o A non-forum certification executed by counsel of the party is fatally
defective, unless the counsel certifies in the certification that he has
personal knowledge of the facts therein stated and gives justifiable reason
why the party himself cannot sign.
- The reason is that only the party himself has actual knowledge of whether or not
he has initiated similar actions in different courts or agencies.

Test to determine forum shopping

o The test in determining is whether the elements of litis pendentia (a pending

suit) are present or whether final judgment in one case will amount to res
judicata in the other.
o Res judicata – a doctrine which precludes parties from re-litigating issues
actually litigated and determined by a prior and final judgment. It requires:
  That there be a decision on the merits;
 By a court of competent jurisdiction;
 The decision is final; and
 The two actions involved identical parties, subject matter, and causes
of action.
If any one of these elements is absent, there is no forum shopping.

o There is forum shopping where there are identity of parties or interest, rights
asserted, and reliefs sought in different tribunals.
o EXCEPTION:
 The filing of a civil case in court does not preclude the filing of a
criminal action arising from the same set of facts on which the civil
action is based, as the law allows it. There is no forum-shopping in
such instances.

Rules of Court, Rule 111, Section 1: Institution of criminal and civil

actions (a) When a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged shall be
deemed instituted with the criminal action unless the offended party
waives the civil action, reserves the right to institute it separately, or
institutes the civil action prior to the civil action.

Section 3: When civil action may proceed independently. - In the

cases provided in Articles 32, 33, 34, and 2176 of the Civil Code of the
Philippines, the independent civil action may be brought by the
offended party. It shall proceed independently of the criminal action
and shall require only a preponderance of evidence. In no case,
however, may the offended party recover damages twice for the same
act or omission charged in the criminal action.

Sanctions for violation

- Failure to file the certification against forum shopping is fatal to the complaint or
petition.
- Subsequent filing of the certification does not cure the fatal defect.
- Rules of Court, Rule 7, Section 5, paragraph 2: Failure to comply with the
foregoing requirement shall not be curable by mere amendment of the complaint
or other initiatory pleading, but shall be cause for the dismissal of the case
without prejudice, unless otherwise provided, upon motion and after hearing.
The submission of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal actions. If the acts of
the party or his counsel clearly constitute willful and deliberate forum shopping,
the same shall be ground for dismissal with prejudice and shall constitute direct
contempt, as well as cause for administrative sanctions.

Lawyer to temper client’s propensity to litigate

- It is the duty of the lawyer to resist the whims and caprices of his client and to
temper the client’s inclination to litigate.
- Rules of Court, Rule 7, Section 3, paragraph 2: The signature of counsel
constitutes a certificate by him that he has read the pleading; that to the best of
his knowledge, information, and belief, there is good ground to support it; and
that it is not interposed for delay.
- This rule imposes upon a lawyer the affirmative duty to check useless litigations,
willful violation of which may subject him to disciplinary action, or render him
liable for costs of litigation.
- A litigant may seek his legal assistance for reasons other than to vindicate a legal
wrong or other than to prosecute a valid cause.
- The purpose may either be:
o To harass a party or injure the opposite party or work oppression or
wrong.
o To pre-empt the initiative of an honest claimant by filing the suit to delay
the payment of a just claim.
o To drain the resources of the poorer party by way of compelling him to
submit out of sheer exhaustion.
- While a client may withhold facts from his counsel or give him false information
to attain unlawful ends, a lawyer can easily see through the client's action. When
that purpose becomes evident, the lawyer should not allow himself to be a party
to its realization or even withdraw from the case.

A lawyer shall file his pleadings within the period

- Rule 12.03. A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without submitting to the
same or offering an explanation for his failure to do so.
- Pressure of work or the need for more time to finish the job often constrains a
lawyer to ask the court for an extension of time to file a pleading, memorandum,
or brief. The lawyer's failure to make an explanation constitutes discourtesy to
the court.
- Where a lawyer's motion for extension of time to file a pleading, memorandum or
brief has remained unacted by the court, the least that is expected of him is to file
it within the period asked for.

Duty to inform client's death and change of counsel's address

- Rules of Court, Rule 3, Section 16: Death of party; duty of counsel: Whenever a
party to a pending action dies, and the claim is not thereby distinguished, it shall
be the duty of his counsel to inform the court within thirty (30) days after such
death of the fact thereof, and to give the name and address of his legal
representative or representatives. Failure of counsel to comply with this duty
shall be a ground for disciplinary action.
- If no such notice is made, the court will proceed to conclusion as if the party is
alive and its decision is binding upon the heirs of the deceased client.
- Similarly, it is his duty to inform the court of any change of his address. Although
his failure to do so will not prevent any notice sent to his address of record to be
effective, his conduct may delay the disposition of the case and prejudice the
interest of his client.

A lawyer shall not delay or impede the execution of judgment

o Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse court processes.
o The law makes it the lawyer's duty to delay no man for money or malice.
o Rules of Court, Rule 7, Section 3, paragraph 2: The signature of counsel
constitutes a certificate by him that he has read the pleading; that to the best
of his knowledge, information, and belief, there is good ground to support it;
and that it is not interposed for delay.
o For where a lawyer insisted on the client's patently unmeritorious case or
interposed an appeal merely to delay litigation or thwart the prompt
satisfaction of the prevailing party's just and valid claim, the court may
adjudge the lawyer liable to pay treble costs.
 o Procedural rules are precisely designed to accomplish the purpose of
rendering justice to the parties to a lawsuits free from the “law's delays.”
o A lawyer should use those rules for the purpose and not for its frustration.
o Litigation is not a game of technicalities in which one, more deeply schooled
and skilled in the subtle art of movement and position, entraps and destroys
the other. It is rather a contest in which each contending party fully and fairly
lays before the court the facts in issue and then asks that justice be done upon
the merits.
o A lawyer should not hide behind a maze of technicalities to delay if not defect
the recovery of what is justly due and demandable.

Lawyer to discourage appellate review

- If a lawyer is honestly convinced of the futility of an appeal in a civil suit, he

should not hesitate to inform his disappointed client that most likely the verdict
would not be altered.
- He should advise his client to accept the judgment of the trial court and thus
accord respect to the just claim of the opposite party.
- He should temper his client's desire to seek appellate review of such decision.
- Unless he could sufficient cause for reversal, he would only succeed in planting
false hopes in his client's mind, increase the burden on appellate tribunals,
prolong litigation unnecessarily, and expose his client to useless expenses of suit.
- It has also been held that the failure of counsel to file an appeal is negligent in the
performance of his duties to his client. If the lawyer does not hear from the client,
he should perfect an appeal within the period.

A lawyer shall not talk to a witness during recess

- Rule 12.05 A lawyer shall refrain from talking to his witness during the break or
recess in the trial, while the witness is still under examination.
- The purpose of the rule is to avoid any suspicion that he is coaching the witness
of what to say during the resumption of the examination.

A lawyer shall not assist a witness to misrepresent

- Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent

himself or to impersonate another.
- While he may interview witnesses in advance of trial or attend to their needs if
they have no adequate means of defraying their own expenses, the lawyer should
avoid any such action as may be misinterpreted as an attempt to influence the
witness as to what to say in court.
- A lawyer who presents a witness whom he knows will give a false testimony may
be subjected to disciplinary action.

Lawyers shall not harass a witness

- Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him.
- Duty to always treat adverse witnesses with fairness and due consideration.
- Rules of Court, Rule 138, Section 20:
o (f) To abstain from all offensive personality and to advance no fact
prejudicial to the honor or reputation of a party or witness, unless required
by the justice of the cause with which he is charged;

A lawyer shall avoid testifying for a client

 o Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
 (a) on formal matters, such as the mailing, authentication or custody of
an instrument, and the like; or
 (b) on substantial matters, in cases where his testimony is essential to
the ends of justice, in which event he must, during his testimony,
entrust the trial of the case to another counsel.
o The rule prohibits the practice of the lawyer taking the witness stand and
asking questions to him and answering them as a witness.
o While the law does not disqualify a lawyer from being a witness and an
advocate at the same time in a case, the practice is violative of the rule on
professional conduct.
o It would also be improper for a lawyer to accept employment in a case where
it would be his duty to attack the testimony to be given by his partner on
behalf of the opposite side.
o The underlying reason for the impropriety of a lawyer acting in such dual
capacity:
 The function of a witness is to tell the facts.
 The function of an advocate is that of a partisan.
o It is difficult to distinguish between the zeal of an advocate and the fairness
and impartiality of a disinterested witness.
o It is hard to disassociate his relation to his client as an attorney and his
relation to the party as a witness.

AVOIDING IMPROPRIETY THAT TENDS TO INFLUENCE THE COURT

Canon 13: Duty not to influence, or give the appearance that he can influence the court
- As such, a lawyer shall:
o Not influence, fraternize or be familiar with members of the judiciary
o Not resort to media to arouse public opinion during the pendency of a
case; and
o Respect judicial independence

A lawyer should rely on the merits of his case

- CANON 13 - A lawyer shall rely upon the merits of his cause and refrain from
any impropriety which tends to influence, or gives the appearance of influencing
the court.
- Improper acts lessen the confidence of the public in the impartial administration
of justice and should be avoided.

A lawyer shall not extend hospitality to a judge

- Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to,
nor seek opportunity for cultivating familiarity with Judges.
- The unusual attention may subject both the judge and the lawyer to suspicion.
o The common practice of some lawyers making judges and prosecutors
godfathers of their children to enhance their influence and their law
practice should be avoided by judges and lawyers alike.
o A lawyer should not see a judge in chamber and talk to him about a case he
is handling and pending in the judge’s court.
o A lawyer should not communicate to the judge the merits of a pending
case.

A lawyer shall not publicly discuss pending cases

- Rule 13.02 - A lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party.
- Newspaper publications by a lawyer concerning pending litigation may interfere
with a fair trial and prejudice the impartial administration of justice.
- The restriction, however, does not prohibit issuance of statements made by
public officials charged with the duty of prosecuting or defending actions in
court.
- However, such statements should avoid any statement of fact likely to create an
adverse attitude in the public mind.

Criticism of pending and concluded litigation

- The right of a lawyer to comment on a pending litigation or to impugn the

impartiality of a judge to decide it is much circumscribed.
- What he can ordinarily say against a concluded litigation the manner the judge
handed down the decision therein may not be generally said to a pending action.
- The court, in a pending litigation, must be shielded from embarrassment or
influence in its duty of deciding the case.
- On the other hand, once a litigation is concluded, the judge is subject to the same
criticism as any other public official. A lawyer enjoys wider latitude of comment
or criticism.

Limitations on right to criticize

- The right of a lawyer to comment is not unlimited. It is the cardinal condition of

all such criticism that it shall be bona fide and shall not spell over the walls of
decency and propriety.
- Unfair criticism is a gross violation of the lawyer’s duty to respect the courts.

Right and duty of lawyer to criticize the courts

- The rule is not, however, intended to prevent criticism of the judicial acts. For the
guarantees of free speech and free press include the right to criticize the judicial
conduct.
- Whether the law was wisely or badly enforced is a fit subject for proper comment.
- If the people cannot criticize a judge the same as any other public official, public
opinion will be effectively muzzled
- A lawyer is expected to consider it his duty to expose the shortcomings and
indiscretions of courts and judges.
- In the prosecution of appeals, for example, he points out the errors of lower
courts.
- In articles written for law journals, he dissects with detachment the doctrinal
pronouncement of courts and fearlessly lays bare for all to see the flaws and
inconsistencies of the doctrines.

A lawyer shall not invite judicial interference

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