Canon 14

Canon 14: A Lawyer shall
not refuse his services to

the needy.
Angelica Gemelo
Elyca Laxxie Mendoza
Canon 14: A lawyer shall not refuse
his services to the needy.
The poor and indigent should not be further disadvantaged by

lack of access to the Philippine legal system.
General Rule
A lawyer is not obliged to act as legal counsel for any person

who may wish to become his client. He has the right to decline
employment.
Exceptions
1. A lawyer shall not refuse his services to the needy
(Canon 14);
2. He shall not decline to represent a person solely on

account of the latter’s race, sex, creed or status in life
or because of his own opinion regarding the guilt of
said person (Rule 14.01);
Exceptions
3. He shall not decline, except for serious and efficient
causes like:
a. If he is not in the position to carryout

effectively or competently; and
b. If he labors under a conflict of interest

between his and the prospective client
(Rule 14.03).
What are legal aid cases?
Legal aid cases are those actions, disputes and

controversies that are criminal, civil and administrative in nature
in whatever stage, wherein an indigent and pauper litigants need
legal representation (Sec. 4(c), B.M. No. 2012).
Rationale for establishing legal aid
cases
Legal aid is not a matter of charity. It is a means for the
correction of social imbalances that may and often do lead to
injustice, for which reason it is a public responsibility of the Bar.
The spirit of public service should, therefore, underlie all legal aid
offices. The same should be so administered as to give maximum
possible assistance to the indigent and deserving members of the
community in all cases, matters and situations in which legal aid
may be necessary to forestall an injustice (Public Service, Sec. 1, Art.
1 of the IBP Guidelines on Legal Aid).
Rule 14.01, Canon 14
A lawyer shall not decline to represent a person
solely on account of the latter’s race, sex, creed or status of
life, or because of his own opinion regarding the guilt of
said person.
• The law makes it the lawyer’s duty “never to reject,

for any consideration personal to himself, the cause of
the defenseless or the oppressed.”
A lawyer shall not decline, except for serious and sufficient

cause, an appointment as counsel de oficio or as amicus curiae, or
a request from the Integrated Bar of the Philippines or any of its
chapters for rendition of free legal aid.
Counsel de oficio - an attorney appointed by the court to
defend an indigent defendant in a criminal action.
Amicus Curiae - an experienced and impartial attorney invited

by the court to appear and help in the disposition of the issues
submitted to it. Amicus curiae appear in court not to represent
any particular party but only to assist the court (plural: Amici
Curiae).
A court may assign an attorney to render professional aid
free of charge to any party in case, if upon investigation it appears
that the party is destitute and unable to employ an attorney and
that the services of counsel are necessary to secure the ends of
justice and to protect the rights of the party. It shall be the duty of
the attorney so assigned to render the required service, unless he is
excused therefrom by the court for sufficient cause shown (Sec. 31,
Rule 138, RRC).
Who may be appointed as counsel de oficio?
1. Members of the bar in good standing;
2. Any person, resident of the province and of good repute for

probity and ability, in localities without lawyers.
Considerations in appointing a counsel de oficio:
1. Gravity of offense
2. Difficulty of questions that may arise; and
3. Experience and ability of appointee

In a criminal action, the court may appoint a counsel
de oficio in any of the following instances:
1. Before arraignment, the court shall inform the accused of

his right to counsel and ask him if he desires to have one.
Unless the accused is allowed to defend himself in person,
or has employed counsel of his choice, the court must assign
a counsel de oficio to defend him.
2. It shall be the duty of the clerk of the trial court, upon

filing of a notice of appeal, to ascertain from the appellant,
if confined in prison, whether he desires the Regional Trial
Court, Court of Appeals or the Supreme Court to appoint a
counsel de oficio to defend him and to transmit with the
record on a form to be prepared by the clerk of court of
the appellate court, a certification of compliance with this
duty and the response of the appellant to his inquiry.
3. If it appears from the record of the case as transmitted
that:
(a) that the accused is confined in prison,
(b) is without counsel de parte on appeal, or
(c) has signed the notice of appeal himself, the clerk of the
Court of Appeals shall designate a counsel de oficio.
A Lawyer may not refuse to accept representation of an
indigent client unless:
He is in no position to carry out the work effectively or
competently;
He labors under a conflict of interest between him and
the prospective client or between a present client and a
prospective client.
Grounds of refusal of
appointment to be a Counsel de
Oficio:
1. Too many de oficio cases assigned to the lawyer (People v. Daeng,
G.R. No. L-34091, January 30, 1973);
2. Conflict of Interest (Rule 14.03, CPR);
3. Lawyer is not in a position to carry out the work effectively or

competently (supra);
4. Lawyer is prohibited from practicing law by reason of his
public office which prohibits appearances in court;
5. Lawyer is preoccupied with too many cases which will spell
prejudice to the new clients;
6. Health reasons; and
7. Extensive travel abroad.
A lawyer may refuse to handle cases due to these valid reasons.
However, Rule 2.02 requires him to give advice on preliminary
steps if he is asked until the client secures the services of counsel.
He shall refrain from giving this preliminary advice if there is a
conflict of interest between a present client and a prospective one
for extending such legal advice will create and establish an attorney-client
relationship between them and may involve a violation of the rule
prohibiting a lawyer from representing conflicting interest.
A lawyer who accepts the cause of a person unable to pay his

professional fees shall observe the same standard of conduct
governing his relations with paying clients.

Canon 14

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Canon 14

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Canon 14: A Lawyer shall

not refuse his services to

The poor and indigent should not be further disadvantaged by

A lawyer is not obliged to act as legal counsel for any person

2. He shall not decline to represent a person solely on

a. If he is not in the position to carryout

b. If he labors under a conflict of interest

Legal aid cases are those actions, disputes and

• The law makes it the lawyer’s duty “never to reject,

A lawyer shall not decline, except for serious and sufficient

Amicus Curiae - an experienced and impartial attorney invited

1. Members of the bar in good standing;

2. Any person, resident of the province and of good repute for

Considerations in appointing a counsel de oficio:

2. Difficulty of questions that may arise; and

3. Experience and ability of appointee

1. Before arraignment, the court shall inform the accused of

2. It shall be the duty of the clerk of the trial court, upon

(a) that the accused is confined in prison,

(b) is without counsel de parte on appeal, or

2. Conflict of Interest (Rule 14.03, CPR);

3. Lawyer is not in a position to carry out the work effectively or

A lawyer who accepts the cause of a person unable to pay his

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