agpalo legal ethics reviewer

LEGAL ETHICS Based on the book

“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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CHAPTER 1 -

INTRODUCTORY

Preliminary Legal Ethics

1. Branch of moral science which treats of the duties which an

attorney owes to the court, to his client, to his colleagues in the

profession and to the public. 2. It is the embodiment of all

principles of morality and

refinement that should govern the conduct of every member of

the bar The law is not a trade nor a craft but a

profession. Its basic ideal is to render public service

and secure justice to those who seek its aid.

Those enrolled in its ranks should not only master its tenets and principles but

also accord continuing fidelity to them. Obligation not an easy task due to

commercialism in all fields of human endeavor.

To fulfill obligation:

1. Professional standards be constantly inculcated among

lawyers. 2. ―Manual of equipment‖ – rules

and ethics of the profession collated, readily available to

every attorney.

Sources of Legal Ethics: 1. The 1987 Constitution.

2. Applicable Jurisprudence. 3. Code of Professional

Responsibility. 4. New Civil Code.

5. Rules of Court. 6. Revised Penal Code. 7. Local Government Code.

PRIMARY CHARACTERISTICS WHICH

DISTINGUISH THE LEGAL PROFESSION

FROM BUSINESS

1. A duty of public service.

2. A relation, as an ―officer of the court‖, to the administration of

justice involving thorough sincerity, integrity and reliability.

3. A relation to clients with the highest degree of fiduciary

4. A relation to the colleagues at the bar characterized by candor, fairness

and unwillingness to resort to current business methods of

advertising and encroachment on their practice, or dealing directly

with their clients.

Definitions ―LEGAL ETHICS‖

o Body of all principles of morality

and refinement that should govern the conduct of every

member of the bar. o ―Living spirit of the profession.‖

o Branch of moral science which treats of duties which an attorney

owes to the court, to his client, to his colleagues, and to the public.

Terms used to describe a member of the legal profession:

o Lawyer, Attorney, or Attorney-At-Law.

o Advocate, Barrister, Counsel or Counselor.

o Proctor, Solicitor. o Spanish: Abogado. o Filipino: Manananggol.

The term refers to that class of persons who by license are officers of the court

empowered to appear, prosecute, and defend.

A person who is a member of the Philippine Bar who, by warrant of



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another, practices law, or acts

professionally in legal formalities. Those who passed the Shari’a Bar not

entitled to be called ―Attorneys‖ unless admitted to the Philippine Bar.

Counsel de parte:

o An attorney retained by a party litigant, usually for a fee, to

prosecute or defend his cause in court.

o Implies freedom of choice either on the attorney or the litigant.

Counsel de oficio: o Attorney appointed by the court.

o To defend an indigent defendant in a criminal action.

o To represent a destitute party. Attorney of record:

o Attorney whose name, together with his address, is entered in the

record of the case as the designated counsel of the party litigant.

o To whom judicial notices are sent.

A lawyer “of counsel” is an experienced lawyer, who is usually a

retired member of judiciary employed by law firms as consultant.

Amicus Curiae is: o An experienced and impartial

attorney invited by the court to appear and help in the disposition

of issues submitted to it. o It implies friendly intervention of

counsel to call the attention of the court to some matters of law

or facts which might otherwise escape its notice and in regard to which it might go wrong.

o Appears in court not to represent any particular party but only to

assist the court. Amicus Curiae par excellence – bar

associations who appear in court as amici curiae or friends of the court. Acts

merely as a consultant to guide the

court in a doubtful question or issue pending before it.

“Bar” refers to the legal profession. “Bench” refers to the judiciary. Client – one who engages the services

of a lawyer for legal advice or for purposes of prosecuting or defending a

suit in behalf and usually for a fee. Lawyer – this is the general term for a

person trained in the law and authorized to advice and represent

others in legal matters Attorneys-At-Law – that class of

persons who are licensed officers of the courts empowered to appear, prosecute

and defend, and upon whom peculiar duties, responsibilities and liabilities are

developed by law as a consequence. Attorney in fact- simply an agent

whose authority is strictly limited by the instrument appointing him. His authority is provided in a special power

of attorney or general power of attorney or letter of attorney. He is not

necessarily a lawyer. Bar Association – an association of

members of the legal profession like the IBP where membership is integrated or

compulsory. House Counsel – one who acts as

attorney for business though carried as an employee of that business and not

as an independent lawyer. Lead Counsel – the counsel on either

side of a litigated action who is charged with the principal management and

direction of a party’s case, as distinguished from his juniors or subordinates.

Practicing Lawyer – one engaged in the practice of law who by license are

officers of the court and who are empowered to appear, prosecute and

defend a client’s cause.



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Pro Se - an appearance by a lawyer in

his own behalf. Trial Lawyer – one who personally

handles cases in court, administrative agencies of boards which mean engaging in actual trial work, either for

the prosecution or for the defense of cases of clients.

Power to regulate practice of law

The Constitution [Art. VIII, Sec. 5(5)] vests this power of control and

regulation in the Supreme Court. The constitutional power to admit

candidates to the legal profession is a judicial function and involves the

exercise of discretion. Const art. XII, sec. 14.

o The practice of all professions in the Philippines shall be limited to

Filipino citizens, save in cases prescribed by law.

The SC acts through a Bar Examination

Committee in the exercise of its judicial function to admit candidates to the

legal profession. Thus, the Committee is composed of a member of the Court

who acts as Chairman and 8 members of the bar who acts as examiners in the

8 bar subjects with one subject assigned to each.

Practice of law is impressed with public interest.

o Attorney takes part in one of the most important functions of the

State – The Administration of Justice.

o Duty of the State to control and regulate the practice of law to promote public welfare.

Practice of law is inseparably connected with the exercise of its judicial power in

the administration of justice. LEGISLATURE’S EXERCISE OF POLICE

POWER may enact laws regulating the practice of law but may not pass a law

that will control the Supreme Court on

its function to decide who may enjoy the privilege of practicing law. Could be

considered unconstitutional. SC POWER TO REGULATE PRACTICE OF

LAW includes:

1. Authority to define that term. 2. Prescribe qualifications of a

candidate and the subjects of the bar exams.

3. Decide who will be admitted to the practice.

4. Discipline, suspend, or disbar any unfit or unworthy member of the

bar. 5. Reinstate any disbarred attorney.

6. Ordain the integration of the Philippine bar.

7. Punish for contempt any person for unauthorized practice of law.

8. Exercise overall supervision of the legal profession.

9. Exercise any other power as may

be necessary to elevate the standards of the bar and preserve

its identity.

Power to regulate the practice of law is not an arbitrary or despotic power to be

exercised at the pleasure of the court. It is the duty of the court to exercise it

by a sound and just judicial discretion.

Nature of office of attorney An attorney is more than a mere agent

because he possesses special powers of trust and confidence reposed in him by

his client. Independent as the judge. In a limited sense, a public officer,

although not in the constitutional or statutory meaning of the term.

Occupies a quasi-judicial office because he is in fact an officer of the court.

The title “Attorney” is reserved to those who has:



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1. obtained the necessary degree in

the study of law; 2. successfully taken the bar exams;

3. admitted to the IBP; 4. remain members thereof in good

standing;

5. been authorized to practice law in the Philippines.

Membership in the bar is in the category of a mandate of public service

of the highest order. Lawyers are oath-bound servants of

society whose conduct are clearly circumscribed by the inflexible norms of

law and ethics. Primary duty is to the advancement of

the quest of truth and justice.

Privileges of an attorney 1. Privilege and right to practice law

during good behavior before any judicial, quasi-judicial, or administrative tribunal.

2. Attorneys enjoy the presumption of regularity in the discharge of his duty.

(His statements, if relevant or material to the case, are absolutely privileged

regardless of their defamatory tenor. He can speak freely and courageously

in proceedings without the risk of criminal prosecution.)

3. Other privileges inherent in his status as quasi-judicial officer:

a. Passing the bar is equivalent to First-grade Civil Service eligibility

for any position in the classified service of the government, the

duties of which require knowledge of law.

b. Second-grade eligibility for any

other government position not requiring proficiency in the law.

4. The court, in admitting him to practice, presents him to the public as worthy of

its confidence and as a person fit and

proper to assume and discharge the

responsibilities of an attorney. 5. Has the privilege to set the judicial

machinery in motion.

He can stand up for his right or the

right of his client even in the face of a hostile court.

He has the right to protest, in respectful language, any unwarranted treatment

of a witness or any unjustified delay. The rights and privileges which they

enjoy as officers of the court are necessary for the proper administration

of justice as for the protection of attorney and his client.

―There can be no strong bar without courageous and fearless attorneys.‖

As a man of law, his is necessarily a leader in the community, looked up to

as a model citizen. Integrity, ability, and learning often

makes him qualified to administer the

Executive Departments or the Legislative bodies.

Duties of Attorneys (Rule 138, Sec 20)

– MEMORIZE! It is the duty of an attorney:

1. To maintain allegiance to the Republic of the Philippines and to

support the Constitution and obey the laws of the Philippines;

2. To observe and maintain the respect due to the courts of justice and

judicial officers; 3. To counsel or maintain such actions

or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable

under the law; 4. To employ, for the purpose of

maintaining the causes confided to him, such means only as are

consistent with truth and honor, and never seek to mislead the judge or



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any judicial officer by an artifice or

false statement of fact or law; 5. To maintain inviolate the confidence,

and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in

connection with his client's business except from him or with his

knowledge and approval; 6. 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; 7. Not to encourage either the

commencement or the continuance of an action or proceeding, or delay

any man's cause, from any corrupt motive or interest;

8. Never to reject, for any consideration personal to himself, the cause of the defenseless or

oppressed; 9. In the defense of a person accused

of crime, by all fair and honorable means, regardless of his personal

opinion as to the guilt of the accused, to present every defense

that the law permits, to the end that no person may be deprived of life or

liberty, but by due process of law.

FOUR-FOLD DUTIES OF A LAWYER

1. Duties to SOCIETY – should not violate his responsibility to society,

exemplar for righteousness, ready to render legal aid, foster social reforms, guardian of due process, aware of

special role in the solution of special problems and be always ready to lend

assistance in the study and solution of social problems.

2. Duties to the LEGAL PROFESSION – candor, fairness, courtesy and

truthfulness, avoid encroachment in the

business of other lawyers, uphold the honor of the profession.

3. Duties to the COURT – respect or defend against criticisms, uphold authority and dignity, obey order and

processes, assist in the administration of justice.

4. Duties to the CLIENT – entire devotion to client’s interest.

Public versus private and personal

duties PUBLIC DUTY:

o Obey the law. o Aid in the administration of

justice. o Cooperate whenever justice is

imperiled. PRIVATE DUTY:

o Faithfully, honestly, and conscientiously represent the interest of his client.

PERSONAL DUTY, the obligation he owes to himself.

Such classification of public and

personal results from the three-fold capacity in which attorneys operate:

o As a Faithful Assistant of the court in search of just solution to

disputes (Public Duty). o As a Trusted Agent of his client

(Private Duty). o As a Self-employed Businessman

(Personal Duty). Rules and ethics demand that an

attorney subordinate his personal and private duties to those which he owes to the court and to the public.

Where his duties to his client conflict with those he owes to the court and the

public, the former must yield to the latter.

His obligations to his client take precedence over his duties to himself.



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Practice of law as a profession The practice of law is a profession, a

form of public trust, the performance of which is entrusted only to those who are qualified to possess good moral

character. The legal profession is not a trade.

To render public service and secure justice to those who seek its aid.

It is not a business, using bargain counter methods to reap large profits.

The gaining of livelihood is not a profession, but a secondary

consideration. The Code of Professional Responsibility,

particularly the ethical rule against advertising or solicitation of

professional employment, rests on the fundamental postulate that the practice

of law is a profession. Profession – A calling requiring

specialized knowledge and often

requiring long academic preparation. In fixing fees, remember that ―the

profession is a branch of the administration of justice and not a mere

money-making trade.‖ Law advocacy is not capital that yields

profits. A calling, unlike mercantile pursuits

which enjoy a greater deal of freedom from government interference, is

impressed with public interest. Attorney is also entitled to protection

from the court against any attempt by his client to escape payment of his just

fees. Client is also protected against exaction

by his counsel of excessive fees.

Primary Characteristics

distinguishing the Legal Profession from Business:

1. A duty of public service, emolument is a by-product.

2. A relation as officer of the court

to the administration of justice involving thorough sincerity,

integrity, and reliability. 3. Relation to the client in the

highest degree fiduciary.

4. Relation to colleagues at the bar characterized by candor, fairness,

and unwillingness to resort to current business methods of

advertising and encroachment on their practice, or dealing with

their clients. These characteristics make it a noble

profession and the privilege to practice it is bestowed only upon individuals who

are competent intellectually, academically, and morally.

A partnership in the practice of law is a mere relationship or association for

such particular purpose. It is not a legal entity. It is not a partnership formed for the purpose of carrying on a trade or

business or of holding property. Even if registered with the SEC, any

lawyer practicing under a law partnership is considered a solo

practitioner who is the taxpayer and not the law partnership.

Law prohibits a business or commercial partnership or juridical entity to engage

in the practice of law since such cannot possess nor comply with the

qualifications and requirements of a lawyer.

Necessity of representation by counsel

Employment of a person acquainted with the rules becomes a necessity both to the litigant and to the court.

Litigant is not ordinarily versed in the law and its intricacies.

A court can adjudicate only in accordance with the law and the facts

presented pursuant to well-established rules of procedure and evidence.



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A person unlearned in the law can

neither aid litigants nor the court in that regard.

Only a lawyer can properly and effectively extend such assistance.

The law profession came into being as a

result of that procedural development of the court, which created the

necessity for the attorney and made him an essential part of the judicial

machinery. The right of a litigant to counsel is a

recognition of the necessity that a litigant appear by counsel.

There can be no fair hearing unless a litigant is represented by counsel.

A court cannot compel a litigant to prosecute or defend his cause

personally if he chose to appear by counsel, nor can it assign a counsel de

oficio for an accused and require said counsel to proceed with the trial when the accused has previously manifested

his desire to secure the services of a counsel de parte.

SC subjects the lawyer to disciplinary action and administrative liability for his

failure to properly attend to the interest of his client.

Need for, and right to, counsel

Party litigant needs the assistance of counsel in al proceedings,

administrative, civil, or criminal. Not being a lawyer, he is ignorant of

the substantive and procedural laws which are applied to resolve disputes.

Even if he is a lawyer, his personal or emotional involvement may adversely affect his handling of the case. Thus,

even lawyers who are parties in a case need the guiding hand of counsel.

The need of a person for the assistance of counsel is felt more urgently in

criminal than in any other proceeding.

In custodial investigations, any person

under such for the commission of an offense shall have the right to be

informed of his right to remain silent and to have competent and independent counsel preferably of his

choice and any confession in violation of such shall be inadmissible in evidence

against him.

Consequences of denial of right to counsel

The denial of such right, which may either be the absence of assistance of

counsel or the inadequate and grossly negligent representation may have

adverse results. 1. Admission of guilt without

counsel, inadmissible in evidence. 2. Representation of a person

claiming to be a lawyer, conviction shall be set aside and a new trial undertaken.

3. Judgment of conviction even if final and executor may still be

recalled. 4. Gross ignorance of law and

procedure by counsel gives the accused another chance to

present his evidence. 5. Litigation may be reopened if the

incompetence, ignorance, or inexperience of counsel is so

great and error committed is so serious that the client is

prejudiced and denied his day in court.

When appearance by counsel not obligatory

In the Municipal Trial Court, a party may conduct his litigation in person or

with the aid of an agent or friend appointed by him or with an aid of an

attorney.



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In Regional Trial Court and Appellate

Courts, a party to a civil suit may either conduct his litigation personally or by

attorney unless the party is a juridical person.

In Administrative Proceedings, right to

counsel is not indispensable to due process. If a respondent had chosen to

represent himself without counsel cannot later claim denial of due

process. Nothing in the Constitution that says

that a party in a non-criminal proceeding is entitled to be represented

by counsel. The rule applies only in Civil and

Administrative cases. It does not apply in cases involving grave and less grave

offenses where the accused must be represented by counsel and such right

is not waivable. Canons of professional responsibility

A lawyer is answerable not only to his client but also to the court of which he

is an officer. He should do nothing which may tend

to lessen the public confidence in the fidelity, honesty, and integrity of the

legal profession. Professional standards serve as the

lawyer’s chart and compass to resolve difficult questions of duty and help

minimize ethical delinquencies. In 1917, the Philippine Bar Association,

realizing that something more than the Oath and Duties of a Lawyer was

needed to attain the full measure of public respect, adopted as its own Canons 1 to 32 of the Canons of

Profession Ethics of the American Bar Association.

In 1946, it again adopted as its own, Canons 33 to 47.

Their enforcement by the courts and observance by lawyers is indicative of a

due appreciation of their responsibilities

to the courts, to the clients, to the bar, and to the public

Supreme Court applied some of the Canons in case of professional misconduct.

The Integrated Bar of the Philippines adopted in 1980 a proposed Code of

Professional Responsibility submitted to the Supreme Court for approval.

In 1988, the Supreme Court promulgated the Code of Professional

Responsibility. The Code consists of 22 Canons and 77

Rules, divided into 4 Chapters: 1. The Law and Society.

2. The Lawyer and the Legal Profession.

3. The Lawyer and the Courts. 4. The Lawyer and the Clients.

The Code establishes the norms of conduct and ethical standards for all lawyers.

Failure to live up to any of its provisions is ground for disciplinary action.

Faithful observance requires a thorough understanding of the Code.



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CHAPTER 2 –ADMISSION

TO PRACTICE

A. JUDICIAL CONTROL

Admission to practice is a judicial function

The power to admit applicants to the practice of law is judicial in nature and

involves the exercise of judicial discretion.

Traditionally exercised by the Supreme

Court as an inherent part of its judicial power.

Rationale comes from the nature of a judicial function and the role played by

attorneys in the administration of justice.

The admission to the practice of law

requires: 1. Previously established Rules and

Principles. (By Constitutional mandate, a primary responsibility

of the Supreme Court) 2. Concrete Facts, past or present,

affecting determinate individuals.

(Brought about by the applicant for admission to the bar)

3. A Decision as to whether the facts are governed by rules and

principles. (Involves judicial adjudication which essentially a

function of the court)

To enable the court to properly discharge its responsibility for the

efficient and impartial administration and to elevate and maintain the

standard of the legal profession requires that it must have the primary

duty to decide: A. Who may be admitted to the bar

as one of its officers.

B. What are the causes for

disciplinary action against him. C. Whether he should be disciplined,

suspended, disbarred, or reinstated.

Any legislative or executive judgment substituting that of the Supreme Court

in the admission to the practice of law or suspension, debarment,

reinstatement infringes upon and constitutes as an invalid exercise of the

legislative or executive power.

Legislative power to repeal, alter, or supplement

The 1935 and 1973 Constitutions provide that the Supreme Court shall

have the power to promulgate rules concerning the admission to the

practice of law but may be repealed, altered, or supplemented by the Batasang Pambansa.

The 1987 Constitution deleted such provision.

The legislature may, however, enact laws with respect to the first requisite

for the admission to the bar (Previously established Rules and Principles) that

applicants should observe. A. The legislature may pass a law

for additional qualifications for candidates for admission to the

practice or filling up deficiencies in the requirements for admission

to the bar. B. Such law may not, however, be

given retroactive effect so as to entitle a person, not otherwise qualified, to be admitted.

C. Such law will not preclude the Supreme Court from fixing other

qualifications and requirements. Reason: Legislature has no power to

grant a layman the privilege to practice law nor control the Supreme Court in its



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responsibility to decide who may be

admitted.

The Legislature, in the exercise of its POLICE POWER may, however, enact laws regulating the practice of law

to protect the public and promote the public welfare.

1. A law declaring illegal and punishable the unauthorized

practice of law. 2. Require further examination for

any attorney desiring to practice before any quasi-judicial or

administrative agency. Whatever law may be passes is merely

in aid of the judicial power to regulate. But the legislature MAY NOT pass a law

that will control the Supreme Court in the performance of its function to

decide who may enjoy the privilege of practicing law and any law of that kind is unconstitutional as an invalid exercise

of legislative power. RA 972 (the Bar Flunkers Act) aims to

admit to the Bar, those candidates who suffered from insufficiency of reading

materials and inadequate preparation. By its declared objective, the law is

contrary to public interest because it qualifies 1,094 law graduates who

confessedly had inadequate preparation for the practice of the profession, as

was exactly found by this Tribunal in the aforesaid examinations. An

adequate legal preparation is one of the vital requisites for the practice of law

that should be developed constantly and maintained firmly.

Executive power in relation to practice The Chief Executive cannot, by

executive order, admit a person to the practice of law nor can he, by treaty

with another country, modify the rules on the admission to the bar.

A treaty, cannot be so interpreted as to

entitle a holder of a law degree obtained in another country to practice

law in this country without complying with the requirements of existing law.

Accordingly, a Filipino citizen who

obtained a law degree in another country is not entitled to be admitted to

the Philippine Bar without complying with the requirements.

Prescribing standards for law schools

CHED acts as an agency or in aid of the Supreme Court in the exercise of its

primary authority to determine who may be admitted to practice since such

authority is by Constitutional mandate and rests and remains exclusively with

the high tribunal. CHED merely:

1. Exercises regulatory power over law schools or certifies as to the satisfactory completion of the

prescribed courses of law study by an applicant for admission to

the bar examination. 2. Assumes some responsibility for

the quality of instruction and training required of an applicant

for membership in the bar.

Supreme Court incidental powers (Incidental to its primary authority to

decide who may be admitted to the bar):

1. Fixing minimum standards of instruction for all law schools to

observe. 2. Setting up of the necessary

administrative machinery to

determine compliance therewith. 3. By way of sanction, refusal to

admit to the bar exams law graduates from schools failing to

meet those standards. May be



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implemented through

accreditation.

B. WHAT CONSTITUTES PRACTICE OF LAW

Practice of Law, generally General principles and doctrines laid

down by the courts explaining the meaning and scope of the term:

1. To engage in the practice of law is to do any of those acts which

are characteristic of the legal profession.

2. Any activity in or out of court which requires the application of

law, legal principle, practice or procedure and calls for legal

knowledge, training and experience. (Cayetano vs

Monsod) 3. It is not limited to the conduct of

cases in court.

4. Includes legal advice, counseling, and the preparation of legal

instruments and contracts by which legal rights are secured,

which may or may not be pending in court.

5. Strictly speaking, the word practice of law implies the

customary or habitual holding out of oneself to the public as a

lawyer and demanding compensation for his services.

[People vs. Villanueva 14 SCRA 111]

Three Principal Types of

Professional Activities:

1. Legal advice and instructions to the clients to inform them of their

rights and obligations. 2. Preparation for clients of

documents requiring knowledge

of legal principles not possessed

by ordinary layman. 3. Appearance for clients before

public tribunals.

When a person participates in a trial

and ―advertises‖ himself as a lawyer, he is in the practice of law.

Giving advice for compensation regarding the legal status and rights of

another constitutes practice of law. One who renders an opinion as to the

proper interpretation of a statute and receives pay for it, is to that extent,

practicing law.

Engaging in the practice of law presupposes the existence of a lawyer-

client relationship. Where a lawyer undertakes an activity

without any such relationship, such as teaching law or writing law books or legal articles cannot be said to be

engaged in the practice of his profession as a lawyer.

Characteristics of term “Practice of

Law” The phrase ―practice of law‖ implies

customarily or habitually holding oneself out to the public, as a lawyer,

for compensation as a source of livelihood or in consideration of his

service. Holding oneself out may be shown by

acts indicative of that purpose. Thus, a layman is illegally engaged in

the practice when he sends a circular announcing the establishment of a law office for the general practice of law, or

when the takes the oath of office as a lawyer before a notary public and files a

manifestation with the Supreme Court informing his intention to practice law.



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Private practice consists of frequent and

customary actions, more than an isolated appearance.

It contemplates succession of acts of the same nature habitually and customarily holding oneself out to the

public as a lawyer. Isolated Appearance:

A. A judge who is prohibited from engaging in private practice of

law has not violated this prohibition when he appeared as

counsel for his cousin pro bono in a criminal case.

B. Appearance as counsel in one occasion is not conclusive as

determinative of engagement in the practice of law.

C. Appearance of a city attorney as private prosecutor not within the

prohibition. (People vs. Villanueva)

An isolated appearance may, however, amount to practice:

1. Legislator cannot appear as counsel before any court of

justice or Electoral Tribunals, or quasi-judicial and administrative

bodies even in a single instance. 2. A layman’s representation as

defense counsel in a criminal case is invalid and the conviction of

the accused may be set aside, as violative of due process.

Representation before the court

Practice of law, as customarily understood, means:

1. Rendering of services to a

person, natural or juridical, in court on any matter through

various stages and in accordance with rules of procedure.

2. Appearance before the court.

3. Preparation and filing of a

pleading, motion, memorandum, or brief.

4. Examination of witnesses and presentation of evidence.

5. Management and control of the

proceedings in court.

Representation before other agencies Appearances before any quasi-judicial,

administrative, or legislative agency constituting practice of law:

1. Interpretation and application of laws.

2. Presentation of evidence to establish certain facts.

3. Representing an applicant for registration of trademark, trade

name, or service mark in the Philippine Patent Office.

4. Advocating or resisting claims before the NLRC, BoC, or BIR.

5. Representing before a legislative

body regarding a proposed legislation or ordinance.

Character of the service and not the

place where it is performed is the decisive factor determinative of whether

the service constitutes practice of law. Service to prepare and prosecute a just

claim before a quasi-judicial or administrative body same and

legitimate as the service rendered in court in arguing a cause.

Activity outside of court

Practice of law also consists of work performed outside of court:

o Giving legal advice on large

variety of subjects. o Conveyancing and preparation

and execution of legal instruments covering an

extensive field of business and trust and other affairs.



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No valid distinction can be drawn

between part of the work involving appearance in court and that part

involving advice and drafting of instruments in his office.

Practice of law need not be habitual

services in litigations in court. A person’s past work experiences as

lawyer-economist, lawyer-manager, lawyer-entrepreneur of industry,

lawyer-negotiator of contracts, and lawyer-legislator more than satisfy the

constitutional requirement for appointment as Chairman of the

COMELEC that he has been engaged in the active practice of law for at least

ten years. (Cayetano v Monsod)

ESSENTIAL CRITERIA DETERMINATIVE

OF ENGAGING IN THE PRACTICE OF LAW: (HACA)

1. Habituality- implies customarily or habitually holding oneself out to the

public as a lawyer 2. Compensation- implies that one

must have presented himself to be in the active practice and that his

professional services are available to the public for compensation, as a

source of his livelihood or in consideration of his said services.

3. Application of law, legal principle, practice, or procedure

which calls for legal knowledge, training and experience.

4. Attorney-client relationship.

C. WHO MAY PRACTICE LAW

Persons entitled to practice law, generally

Any person who has been duly licensed

as a member of the bar in accordance with the statutory requirements and

who is in good and regular standing is entitled to practice law.

Two basic statutory requirements:

1. Must have been admitted to the bar.

2. After admission, must remain in good and regular standing (a

continuing requirement).

Must have been admitted to the bar. A lawyer is one who:

1. Passed the bar exams. 2. Taken the lawyer’s oath before

the Supreme Court en banc. 3. Signed in the roll of attorneys.

4. Received a certificate of license to practice law from the Clerk of

Court of the Supreme Court. 5. Furnished satisfactory proof or

educational, moral, and other

qualifications.

After Admission he or she must: 1. Remain an IBP member in good

standing by regularly paying IBP dues and other lawful assessments.

2. Pay annual privilege tax. 3. Faithfully observe the rules and

ethics of the legal profession. 4. Be continually subjected to judicial

disciplinary control.

Compulsory membership to the IBP is not violative of a lawyer’s freedom of

association. Integration does not make a lawyer a member of any group of which he is already a member. He

became a member of the bar when he passed the Bar Examinations. Bar

integration does not compel the lawyer to associate with anyone. He is free to

attend or not attend the meetings of his Integrated Bar Chapter or vote or



ralc2011 14

refuse to vote in its elections as he

chooses. The only compulsion to which he is subjected is the payment of

annual dues. The Supreme Court, in order to further the State’s legitimate interest in elevating the quality of

professional legal services, may require that the cost of improving the

profession in this fashion be shared by the subjects and beneficiaries of the

regulatory program — the lawyers [In re: Edillon A.M. 1928]

The rigid requirements and conditions

are designed to admit to its ranks only those who are adequately prepared,

mentally and morally, to discharge the duties of an attorney.

The purpose, in the final analysis, is to protect the public, the court, the client,

and the bar from incompetence and dishonesty of those who are unfit to become members.

Only those who are competent, honorable, and reliable may practice

law.

Right and Privilege to practice

The practice of law is not a natural,

property or constitutional right but a mere privilege.

It is not a right granted to anyone who demands it but a privilege to be

extended or withheld in the exercise of sound judicial discretion.

It is in the nature of a franchise conferred only for merit which must be earned by hard study, learning and

good conduct. It is a privilege accorded only to those

who measure up to certain rigid standards of mental and moral fitness.

Those standards are neither dispensed with nor lowered after admission.

The attorney’s continued enjoyment of

the privilege conferred depends upon his complying with the ethics and rules

of the profession.

But practice of law is in the nature of a right. While the practice of law is a

privilege, a lawyer cannot be prevented from practicing law except for valid

reasons, the practice of law not being a matter of state’s grace or favor.

He holds office during good behavior and can only be deprived of it for

misconduct. The state cannot exclude an attorney

from the practice of law in a manner or for reasons that contravene the due

process or equal protection clause of the Constitution.

A quasi-judicial or administrative

agency cannot restrict a lawyer’s

privilege to practice law by imposing conditions that amount to

discrimination nor limit such privilege by requiring the passing of an

examination not sanctioned by law as a prerequisite to appearing before such

agency. In that sense, the practice of law is in

the nature of a right which cannot be lightly or capriciously taken away from

him.

Practice without examination Exceptions to the privilege afforded to

Filipino citizens who have passed the bar exams to practice law:

A. Citizens of the United States who:

1. Before July 4, 1946, were duly licensed members* of

the Philippine Bar. 2. In active practice in the

courts of the Philippines.



ralc2011 15

3. In good and regular

standing as such. 4. Took the oath of office.

*Pursuant to the comity clause of the then Rules of Examination of Candidates for Admission to the Practice of Law in the US

during the American Regime. B. Filipino citizens*, in the discretion

of the Court may be admitted without examination, who:

1. Are applicants for admission and are enrolled

attorneys in good standing in the Supreme Court of

the United States or in any circuit court of Appeals or

district court therein, or in the highest court of any

State or Territory of the United States.

2. Can show certificates that they have practiced before July 4, 1946.

3. Have never been suspended or disbarred.

*Rule 138, Sec. 4, Rules of Court.

Practice without admission General Rule: Only those who are

licensed to practice law can appear and handle cases in court.

Exceptions:

1. Before the MTC - a party may conduct his case or litigation in

person with the aid of an agent or friend appointed by him. [Sec. 34,

Rule 138] 2. Before any other court – a party

may conduct his litigation

personally. [Sec. 34, Rule 138]. He is bound by the same rules in

conducting the trial of his case. He cannot, after judgment, claim that

he was not properly represented.

3. In a criminal case before the

MTC – in a locality where a duly licensed member of the Bar is not

available, the judge may appoint a non-lawyer who is a resident of that province, of good repute for probity

and ability to represent the accused in his defense. [Sec. 7, Rule 116]

4. Student Practice Rule - A law student who has successfully

completed his 3rd year of the regular 4-year prescribed law

curriculum and is enrolled in a recognized law school’s clinical

legal education program approved by the SC – may appear without

compensation in any civil, criminal or administrative case before any

trial court, tribunal, board or officer, to represent indigent clients

accepted by the Legal Clinic of the school. [Sec. 1, Rule 138-A] The student shall be under the direct

supervision and control of a member of the IBP duly accredited by the law

school. [Sec. 2] 5. Under the Labor Code – non-

lawyers may appear before the NLRC or any Labor Arbiter if they

(a) represent themselves; (b) represent their organization or

members thereof [Art. 222, PD 442]

6. A non-lawyer or layman may represent a claimant before the

Cadastral Court [Sec. 9, Act. No. 2259]

7. Any official or other person appointed to appear for the Government of the Philippines in

accordance with law shall have all the rights of a duly authorized

member of the bar in any case in which said government has an

interest [Sec. 33, Rule 138].



ralc2011 16

Three Limitations in the appearance

of a layman on behalf of another: 1. Layman should confine his work

to non-adversary contentions. Should not undertake purely legal work such as examination of

witnesses or presentation of evidence.

2. Services should not be habitually rendered.

3. Should not charge or collect attorneys’ fees.

Right of party to represent himself

In Civil Cases, individual litigant has the right to conduct his litigation

personally. He will still be bound by the same rules

of procedure and evidence as those applicable to a party appearing through

counsel. He may not be heard to complain later

that he has been deprived of the right

to the assistance of counsel. In Criminal Cases involving grave and

less grave offenses, an accused who is a layman must always appear by

counsel. He cannot conduct his own defense, as his right to counsel may not

be waived without violating his right to due process of law.

By a Juridical Person: General Rule:Iit must always

appear in court by a duly licensed member of the bar.

Exception: In the MTC, it may be represented by its agent or officer

who need not be a lawyer. Practice by Corporation

It is well settled that a corporation CANNOT engage in the practice of law.

It may, however, hire an attorney to attend to and conduct its own legal

business or affairs.

But it cannot practice law directly or

indirectly by employing a lawyer to practice for it or to appear for others for

its benefit. Reasons:

1. Nature of the privilege and on the

confidential and trust relation between attorney and client.

2. The corporation (a juridical person) cannot perform the

conditions required for membership in the bar, such as

the possession of good moral character and other special

disqualifications, the taking of an oath and becoming an officer of

the court, subject to its discipline, suspension or removal.

3. The relation of trust and confidence cannot arise where

the attorney is employed by a corporation to practice for it, his employer and he owing, at best,

a secondary and divided loyalty to the clientele of his corporate

employer. 4. The intervention of the

corporation is destructive of that confidential and trust relation and

is obnoxious to the law.

Persons authorized to represent the government

Any official or other person appointed or designated in accordance with law to

appear for the government of the Philippines or any of its officials shall

have all the rights of a duly authorized member of the bar to appear in any case in which the government has an

interest, direct or indirect, or in which such official is charged in his official

capacity. [Sec. 33, Rule 138]. Solicitor General, Assistant Solicitor

General, Solicitors and Trial Attorneys,



ralc2011 17

State Prosecutors, Special Counsel,

Special Prosecutor of the Ombudsman.

Three Instances when a lawyer cannot practice:

1. Appearance of Parties in Person. -

In all katarungang pambarangay proceedings, the parties must

appear in person without the assistance of counsel or

representative, except for minors and incompetents who may be

assisted by their next-of-kin who are not lawyers. (SEC. 415. Local

Government Code) 2. Appearance through a

representative must be for a valid cause. the representative of an

individual-party must not be a lawyer, and must be related to or

next-of-skin of the individual-party. juridical entities shall not be represented by a lawyer in any

capacity. (A. M. No. 08-8-7-SC, RULE OF PROCEDURE FOR SMALL

CLAIMS CASES) 3. A lawyer shall not, after leaving

government service, accept engagement or employment in

connection with any matter in which he had intervened while in

said service. (Rule 6.03, CANON 6)

Disability of Public Officials to practice

Appointment or Election to a government office disqualifies one to

practice law. 1. Public office is a Public Trust.

Obliged to perform duties with

exclusive fidelity. 2. Avoid conflict of interests.

3. Assure the people of impartiality in the performance of public

functions, thereby promote the public welfare.

When any of the public officials are absolutely prohibited, they cease, as a

general rule, to engage in private practice of law and the right to practice is suspended during tenure of office.

Lawyer member of the Legislature not

absolutely prohibited. Prohibited only from appearing as

counsel in: 1. Any court of justice.

2. Electoral Tribunals. 3. Quasi-Judicial or Administrative

bodies.

What is prohibited is to ―personally appear.‖

The word ―appearance‖ includes: 1. Arguing a case before any such

body. 2. Filing a pleading on behalf of a

client as ―by simply filing a formal

motion, plea or answer‖. Neither can he allow his name to

appear in such pleading by itself or as part of a firm name under the signature

of another qualified lawyer because the signature of an agent amounts to

signing of a non-qualified senator or congressman, the office of an attorney

being originally of agency, and because he will, by such act, be appearing in

court or quasi-judicial or administrative body in violation of the constitutional

restriction. ―He cannot do indirectly what the

Constitution prohibits directly‖. RESTRICTIONS IN THE PRACTICE OF

LAW OF THE MEMBERS OF THE SANGGUNIAN

They shall not: 1. Appear as counsel before any

court in any civil case wherein a local government unit or any



ralc2011 18

office, agency or instrumentality

of the government is the adverse party;

2. Appear as counsel in any criminal case wherein an officer or employee of the national or local

government is accused of an offense committed in relation to

his office; 3. Collect any fee for their

appearance in administrative proceedings involving the local

government unit of which he is an official. [Sec. 90, R.A. 7160]

4. Use property and personnel of the government except when the

Sanggunian member concerned is defending the interest of the

government However, Sanggunian members may

practice their professions, engage in any occupation, teach in schools except during session hours.

WHO MAY NOT PRACTICE LAW?

Relative Prohibition 1. Senators and members of the

House of Representatives (prohibition to appear)

2. Members of the Sanggunian. Absolute Prohibition

1. All members of the Judiciary 2. Judges and other officials as

employees of the Supreme Court. 3. Government prosecutors.

4. President, Vice President, members of the cabinet.

5. Members of Constitutional Commissions.

6. Ombudsman and his deputies.

7. Solicitor General and Assistant Solicitor General

8. All governors, city and municipal mayors.

9. Those prohibited by special laws

– retired members of the judiciary.

A Civil Service Officer can engage in the

practice of law only if:

1. The officer’s responsibilities do not require his time to be fully at

the disposal of the government. 2. With written permission from the

head of the department concerned.

A punong barangay needs to obtain

written permission from the Secretary of the DILG to appear as counsel.

Liability for unauthorized practice

Any person prohibited from engaging in the practice of law or assumes to be an

attorney is liable for contempt of court, punishable by fine or imprisonment or both.

Liable for Estafa, defrauds the litigant: 1. If such unauthorized practice

causes damage to a party. 2. False representation and

rendering service in court in behalf of litigant.

Criminal and Administrative Liability for

government officials prohibited from practicing law when doing such.

Remedies against unauthorized

practice 1. Injunction.

2. Declaratory Relief. 3. Contempt of Court. 4. Petition for Disqualification.

5. Complaint for Disbarment. 6. Administrative complaint for public

officer. 7. Criminal complaint for Estafa



ralc2011 19

D. QUALIFICATIONS FOR ADMISSION

REQUIREMENTS FOR ADMISSION TO

THE BAR: 1. Citizen of the Philippines. 2. Resident of the Philippines

3. At least 21 years old 4. Successfully completed all prescribed

courses. 5. Passed the bar exams.

6. Production before the Supreme Court satisfactory evidence of:

a. Good moral character b. No charges against him,

involving moral turpitude, have been filed or are pending

in any court in the Philippines.

Citizenship and Residence Privilege denied to foreigners.

Takes into account the close connection of the practice of law with the administration of justice.

An alien cannot well maintain allegiance to the Republic of the Philippines, which

is required in the Oath of a Lawyer.

Good Moral Character Continued possession of good moral

character after admission is a requirement for enjoyment of privilege

to practice. Moral character is what a person really

is as distinguished from good reputation or opinion generally entertained of him.

Includes at least common honesty. Opposite of immorality, which is the

indifference to the moral norms of society.

This requirement aims to maintain and

uphold the high moral standard and the dignity of the legal profession.

Educational qualifications

Public Policy demands that a person

seeking admission to the practice of law must

1. Possess the required educational qualifications.

2. Show a degree of learning and

proficiency in law necessary for the due performance of the duties

of a lawyer. To the lawyer is entrusted the

protection of life, liberty, property, or honor.

To approve officially one who is not adequately prepared to such a delicate

task is to create a social danger.

Bar Examination Subjects chosen for these exams are

designed to eliminate any one whose general intelligence, learning, and

mental capacity are inadequate to enable him to assume and discharge the duties of an attorney.

Passing Grade: A general average of 75% in all subjects without falling

below 50% in any subject. In determining the average, the

subjects given the following relative weights:

1. Civil Law 15% 2. Labor and Social Legislation 10%

3. Mercantile Law 15% 4. Criminal Law 10%

5. Political and International Law 15%

6. Taxation 10% 7. Remedial Law 20%

8. Legal Ethics and Practical Exercises 5%

A candidate who fails for three times is disqualified from taking another

examination, unless he has shown to the satisfaction of the Court that he

has:



ralc2011 20

1. Enrolled and passed regular

fourth year review classes; 2. Attended a pre-bar review

course. E. PROCEDURE FOR ADMISSION

Bar Examination Committee

Examinations shall be conducted by a committee of bar examiners to be

appointed by the Supreme Court. This committee shall be composed of:

1. A Justice of the Supreme Court, as chairman and designated by

the court to serve for one year. 2. Eight (8) members of the

Philippine bar, who shall serve as examiners in the 8 bar subjects

and hold office for a period of one year.

3. Bar Confidant as liaison officer between the Court and Chairman and the Committee members.

Also a deputy clerk of court.

Application and supporting documents Time for filing proof of qualifications.—

All applicants for admission shall file with the clerk of the Supreme Court a

duly accomplished application form together with supporting documents

concerning his qualifications at least 15 days before the beginning of the

examination. Applicants shall also file at the same

time their own affidavits as to their age, residence, and citizenship. (Rule 138,

Sec. 7) Notice of applications.—Notice of

applications for admission shall be published by the clerk of the Supreme

Court in newspapers published in Pilipino, English and Spanish, for at

least 10 days before the beginning of the examination. (Rule 138, sec. 8)

American lawyers in active practice of

law in the Philippines before July 4, 1946 or a Filipino citizen enrolled as

attorney in the United States before July 4, 1946, who desires admission

without examination should: 1. File a petition with the Court

along with his 2. License to practice

3. Evidence that it has not been revoked

4. Certificates of professional standing.

Disclosure of involvement in any criminal case

Applicant must show that no charges against him involving moral turpitude

have been filed or pending in court in the Philippines (Rule 138, Sec 2, Rules

of Court) To enable the court to resolve whether

a particular crime involves moral turpitude, applicant must disclose any

crime of which he has been charged. If what has been concealed does not

involve moral turpitude, it is the fact of concealment and not the commission of

the crime itself that makes him morally unfit.

Burden of proof to show qualifications Applicant assumes the burden of proof

to establish his qualifications to the satisfaction of the court.

After having presented prima facie evidence of his qualifications, any one

objecting to his admission may offer contrary evidence to overcome such

prima facie showing. Burden of proof shifts to the complainant.

Written examinations

Annual examination.



ralc2011 21

o Examinations for admission to the

bar of the Philippines shall take place annually in the City of

Manila. o They shall be held in four days to

be designated by the chairman of

the committee on bar examiners. o The subjects shall be distributed

as follows: 1. 1st day: Political and

International Law (morning), Labor and

Social Legislation (afternoon);

2. 2nd day: Civil Law (morning),Taxation

(afternoon); 3. 3rd day: Mercantile Law

(morning) Criminal Law (afternoon);

4. 4th day: Remedial Law (morning) Legal Ethics and Practical Exercises

(afternoon). (Rule 138, sec. 11.)

The questions shall be the same for all

examinees. Examinees shall answer the questions

personally without help from anyone. Upon verified application made by an

examinee stating that his penmanship is so poor that it will be difficult to read

his answers without much loss of time, the Supreme Court may allow such

examinee to use a noiseless typewriter.

Restrictions to insure integrity in examination

1. An examinee is prohibited from

bringing papers, books or notes into the examination room.

2. He is not to communicate with the other examinees during the exam.

3. He is not to influence any member of the committee on bar exams.

4. To keep the examinee’s identity a

secret and thus avoid any influence to bear upon the examiner in the

valuation of his answers: a. The exam papers shall be

identified by numbers.

b. The name of the examinee is written in a piece of paper and

sealed in an envelope. 5. Any candidate who violates any of

the rules concerning the conduct of examination will be barred from

taking such and the same will be counted as a failure against him.

The conduct of the bar exams involves

public interest. Any charge of anomaly requires prompt

action from the Court to prevent erosion of public faith in the bar and in

the court. Correction and revaluation of grades

The bar examiners correct the examination papers and submit the

grades and corrected papers to the bar confidant.

The bar confidant tallies the individual grades of every examinee, computes

the general average, and prepares a comparative data showing the

percentage of passing and failing in relation to a certain average.

Results are submitted to the Examination Committee and to the

Court.

Any request for revaluation of the answers and the grades given should be made by the examinee addressed to

the Court.

Administration of Oath



ralc2011 22

Qualified applicants shall take and

subscribe to the Oath of Office as a Lawyer.

A prerequisite to the admission of practice of law and may only be taken before the Supreme Court.

The court may deny the petition to take the lawyer’s oath for:

o Grave misconduct; o Pending complaint against the

applicant

LAWYER’S OATH (MEMORIZE!!)

I _____ , do solemnly swear that I will maintain allegiance to the Republic of the

Philippines;

I will support and defend its Constitution and obey the laws as well as the legal

orders of the duly constituted authorities therein;

I will do no falsehood nor consent to its commission;

I will not wittingly or willingly promote or

sue any groundless, false or unlawful suit nor give aid nor consent to the same;

I will not delay any man’s cause for money

or malice and will conduct myself as a lawyer according to the best of my

knowledge and discretion with all good fidelity as well to the court as to my

clients; and

I will impose upon myself this obligation voluntarily, without any mental reservation or purpose of evasion.

So help me God.

The lawyer’s oath is not a mere

ceremony or formality for practicing law. Every lawyer should at all times

weigh his actions according to the

sworn promises he makes when taking the lawyer’s oath. If all lawyers

conducted themselves strictly according to the lawyer’s oath and the Code of Professional responsibility, the

administration of justice will undoubtedly fairer, faster and easier for

everyone concerned. (In Re: Argosino, 270 SCRA 26)

By taking the lawyer’s oath, a lawyer

becomes the guardian of truth and the rule of law and an indispensable

instrument in the fair and impartial administration of justice. Good moral

character includes at least common honesty. Deception and other

fraudulent acts are not merely unacceptable practices that are

disgraceful and dishonorable, they reveal a basic moral flaw. (Olbes vs. Deciembre, 457 SCRA 341)

Issuance of Certificate

After taking oath, the Supreme Court admits him as a member of the bar for

all courts of the Philippines. An order be entered that a certificate of

such record be given him by the clerk of court.

Such certificate is his license to practice law.

Thereafter, he signs the roll of attorneys, which is the official record

containing the names and signatures of those who are authorized to practice

law. Payment of IBP dues and privilege tax

Membership by every attorney in the IBP is compulsory.

Obligation to support it financially. o Every member of the Integrated

Bar shall pay such annual dues as the Board of Governors shall



ralc2011 23

determine with the approval of

the Supreme Court. o Default in payment for 6 months

shall warrant suspension. o Default in such payment for 1

year shall be a ground for

removal of the name of the delinquent member from the Roll

of Attorneys. o However, no action involving

suspension or removal from the roll shall be effective without final

approval of the Supreme Court.

Conditions sine qua non to the privilege to practice law and to the retention of

his name in the roll of attorneys : 1. Continued membership

2. Regularly paying membership dues and other lawful

assessments that it may levy. A lawyer must comply with the

requirement regarding payment of membership even though his practice is

―limited.‖ The exemption from payment of

individual income taxes for senior citizens does not include payment of

IBP membership dues.



ralc2011 24

CHAPTER 3 –LAWYER’S

DUTIES TO SOCIETY

MEMORY AID FOR CANONS UNDER

THIS SECTION: 1. Promote and Respect the Law and Legal

Process (Canon 1) 2. Provide Efficient and Convenient Legal

Services (Canon 2) 3. Information on Legal Services that is

true, Honest, Fair and Dignified (Canon

3) 4. Support for Legal Reforms and

Administration of Justice (Canon 4) 5. Participate in Legal Education Program

(Canon 5) 6. Applies to Lawyers in Government

Service (Canon 6)

CANON 1: A lawyer shall uphold the

constitution, obey the laws of the land and promote respect for law and legal process.

Rule 1.01. A lawyer shall not engage in unlawful, dishonest,

immoral or deceitful conduct.

Rule 1.02. A lawyer shall not counsel or abet activities aimed at

defiance of the law or at lessening confidence in the legal profession.

Rule 1.03. A lawyer shall not, for

any corrupt motive or interest, encourage any suit or delay any

man’s cause.

Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a

controversy if it will admit of a fair settlement

A. UPHOLDING THE CONSTITUTION

AND THE LAW

Duty to uphold the Constitution and obey the law First and foremost duty of a lawyer is

to: 1. Maintain allegiance to the

Republic of the Philippines; 2. Uphold the Constitution and

3. Obey the laws of the land. Code of Professional Responsibility

underscores the primacy of such duty. Canon 1: “A lawyer shall uphold

the Constitution, obey the laws of the land, and promote respect for

law and legal processes.”

Role of lawyers in the community: While the duty to uphold the

Constitution and obey the law is an obligation imposed on every citizen, a lawyer assumes

responsibilities well beyond the basic requirements of good

citizenship. As a servant of the law, a lawyer

should moreover make himself an example for others to emulate.

Being a lawyer, he is supposed to be a model in the community in

so far as respect for the law is concerned.

A lawyer’s responsibilities are greater

than those of a private citizen. He must not subvert the law by

counseling in activities which are in defiance of the law.

He should not allow his services to be

engaged by an organization whose members are violating the law, to

defend them when they get caught.

Duty not to engage in unlawful conduct



ralc2011 25

Canon 1, Rule 1.01. A lawyer shall not

engage in unlawful, dishonest, immoral or deceitful conduct.

As servant of the law, a lawyer should

moreover make himself an exemplar for

others to emulate. Duty to obey the law and promote

respect for law and legal processes demands that he shall not engage in

unlawful, dishonest, and immoral, or deceitful conduct.

Unlawful conduct is an act or omission which is against the law.

Dishonesty involves lying or cheating. Immoral or deceitful conduct is that

which is willful, flagrant or shameless and which shows a moral indifference to

the opinion of the good and respectable members of the community.

Moral turpitude ―includes everything

which is done contrary to justice,

honesty, modesty, or good morals‖. It involves an act of baseness, vileness, or

depravity in the private duties which a man owed his fellowmen, or to society

in general, contrary to the accepted and customary rule of right and duty

between man and woman, or conduct contrary to justice, honesty, modesty,

or good morals.

Duty not to counsel illegal activities Canon1, Rule 1.02. A lawyer shall not

counsel or abet activities aimed at defiance of the law or at lessening

confidence in the legal profession. A lawyer who defies a writ or

preliminary injunction has flouted his duties as a lawyer.

He should not promote an organization known to be violating the law nor assist

it in a scheme which he knows is dishonest

He should not allow his services to be

engaged by an organization whose member as violating the law, to defend

them when they get caught.

The Supreme Court will not denounce

criticismmade by anyone against the Court for, if well founded, can truly

have constructive effects in the task of the Court, but it will not countenance

any wrongdoing nor allow the erosion of our people’s faith in the judicial system,

let alone, by those who have been privileged by it to practise law in the

Philippines. (Estrada v. Sandiganbayan, 416 SCRA 465

(2003))

Terrel was found guilty of malpractice or gross misconduct for assisting in the

establishment and acting as counsel for the Centro Bellas Artes Club, an organization intending to evade the

practice of law. (In Re Terrel (1903))

Duty not to encourage lawsuits

Rule 1.03. A lawyer shall not, for any corrupt motive or interest, encourage

any suit or delay any man’s cause.

Among the unprofessional acts which come within the prohibition include the

lawyer’s: 1. Volunteering advice to bring

lawsuit, except in rare cases where ties of blood, relationship,

or trust. 2. Hunting up defects in titles or

other causes of action.

3. Seeking out claims for personal injuries or those having any other

grounds of action to secure them as clients.

4. Initiating a meeting of the members of a club and inducing



ralc2011 26

them to organize and contest a

legislation under his guidance. 5. Purchasing notes to collect them

by litigation at a profit. Purpose of the prohibition: To prevent

ambulance chasing - solicitation of almost any kind of legal business by

laymen employed by an attorney for the purpose or by the attorney himself.

Ambulance chasing has spawned

recognized evils and is prohibited because:

1. It stirs up litigation with resulting burdens on courts and the public;

2. Supports perjury. 3. Defrauds innocent persons by

judgments, upon manufactured causes of actions.

4. Defrauds injured persons having proper causes of action but ignorant of legal rights and court

procedure by means of contracts which retain exorbitant expenses

and by settlement made for quick returns of fees against the rights

of the injured persons.

Duty to encourage amicable settlement

Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a

controversy if it will admit of a fair settlement.

The function of a lawyer is not only to

conduct litigation but to avoid it where possible, by advising settlement or withholding suit.

He/she must act as mediator for compromise rather than an instigator

and conflict. What sometimes beclouds a lawyer’s

judgment as to what is best for his client is his/her eye on the attorney’s

fees which are often considerably less

when the cause is amicably settled. The problem of conflict of interests must be

resolved against self-interest. Parties to an amicable settlement enjoy

benefits better than those which can legally be secured to them by judicial

procedure. Litigation involves time, expense, and ill

feelings, which may well be avoided by the settlement of the action.

A compromise or even a confession of judgment will:

1. Accord respect to the just claim of the other party;

2. Save the client additional expenses;

3. Help prevent clogging of the docket.



ralc2011 27

CANON 2: A lawyer shall make his legal

services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness

of the profession.

Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause

of the defenseless or the oppressed.

Rule 2.02. In such cases, even if the lawyer does not accept a case,

he shall not refuse to render legal advice to the person concerned if

only to the extent necessary to safeguard the latter’s rights.

Rule 2.03. A lawyer shall not do or

permit to be done any act designed to primarily solicit legal business.

Rule 2.04. A lawyer shall not charge rates lower than those

customarily prescribed unless the circumstances so warrant.

B. MAKING LEGAL SERVICES

AVAILABLE

Generally A lawyer shall make his legal services

available in an efficient and convenient manner compatible with the

independence, integrity and effectiveness of the profession.

A lawyer who is qualified to provide efficient legal services should make available such services to those who are

in need thereof. IBP Committee that drafted the Code

explained: “A person in need of legal services should be able to find a lawyer

who is qualified to provide them. It is

the responsibility of the bar to make

such services available.” A wide gap exists between the need

and its satisfaction. This has been mainly ascribed mainly to 2 reasons:

1. Poverty and the consequent

inability to pay. 2. Ignorance not only of the need of

legal services but also of where to find a competent and dependable

lawyer.

A lawyer shall not reject the cause of the defenseless

Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of

the defenseless or the oppressed. Stems from one of the obligations

incident to the status and privileges of a lawyer – To represent the poor and

oppressed in the prosecution of their claims or the defense of their rights.

Even in those instances in which he

may not, for valid reasons, accept the case, the lawyer ―shall not refuse to

render legal advice to the person concerned if only to the extent

necessary to safeguard the latter’s rights.‖ (Rule 2.02.)

The duty of a lawyer to accept the

cause of the defenseless and the oppressed empowers the court to

require him to render professional services to any party in a case, if the

party is without means to employ an attorney and the services of a lawyer

are necessary to protect the rights of such party or secure the ends of justice.

To designate him as counsel de oficio

for an accused if the latter is unable to employ a counsel de parte.

The lawyer so assigned has to render effective legal services, under the pain

of disciplinary sanction should he fail or



ralc2011 28

neglect to do so, until he is excused

therefrom by the court. Every lawyer should:

1. Welcome the assignment as an opportunity to render public service;

2. Show that the practice of law is a profession; and

3. Demonstrate that the efficient discharge of his duties does not

depend upon payment or amount of fees.

The Integrated Bar of the Philippines

through its Committee on Legal Aid has established legal aid offices throughout

the country. Its objective is to provide on a

nationwide basis legal services in favor of the poor segment of society.

Their policy is that legal aid is not a matter of charity. It is a means for the correction of social imbalance that may

and often do lead to injustice, which makes it a public responsibility of the

Bar.

A lawyer shall not refuse to render legal advice

Rule 2.02. In such cases, even if the lawyer does not accept a case, he shall

not refuse to render legal advice to the person concerned if only to the extent

necessary to safeguard the latter’s rights.

GENERAL RULE: A lawyer may refuse

to accept the cause of the defenseless or the oppressed. A lawyer is not obliged

to act as legal counsel for any person who may wish to become his client.

EXCEPTIONS:

1. A lawyer shall not refuse his services to the needy.

2. He 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. (Canon 14, Rule 14.01)

3. If there is serious and sufficient cause, an appointment as counsel de

oficio or as amici curiae, or a request from the Integrated Bar of the

Philippines or any of its chapters for rendition of free legal aid. (Canon

14, Rule 14.02)

EXCEPTION TO THE EXCEPTION: A lawyer may refuse to accept

representation of an indigent client if: a. He is not in a position to carry

out the work effectively or competently;

b. He labors under a conflict of interests between him and the prospective client or between a

present client and the prospective client. (Canon 14, Rule 14.03)

A valid reason to refuse is when the

lawyer is not in a position to carry out the work effectively and competently.

However he shall still render legal advice (such as those pertaining to

preliminary steps a person can take). But he shall refrain from giving legal

advice if the reason for not accepting the case is that there involves a conflict

of interest (between him and a prospective client or between a present

client and a prospective client). In the case mentioned above, rendering

legal advice to the prospective client

will establish an attorney-client relationship between them and this will

constitute a violation of the rule prohibiting a lawyer from representing

conflicting interests. (Canon 15, Rule 15.03)



ralc2011 29

Participating in legal development

CANON 5: A lawyer shall keep abreast of legal developments, participate in continuing legal education programs,

support efforts to achieve highest standards in law schools as well as in the

practical training of law students and assist in disseminating information regarding law

and jurisprudence.

It is the bounden duty of counsel in the

active practice to keep abreast of decisions of the Supreme Court and

changes in the law. It is imperative that judges should be

conversant with basic legal principles and with the changes in the law and

with the latest decisions and precedents.

For service in the judiciary and being in

the active practice of law require continuous study and research on the

law from beginning to end.

Legal education should be a continuing concern.

After admission to practice, a lawyer incurs a three-fold obligation:

1. He owes it to himself to continue improving his knowledge of the

law. 2. He owes it to his profession to

take an active interest in the maintenance of high standards of

legal obligation. 3. He owes it to the lay public to

make the law a part of its social

consciousness.

Mandatory Continuing Legal Education (MCLE)

Members of the IBP, except those exempt under Rule 7 of Bar Matter No.

850 (Mandatory Continuing Legal

Education), are required every 3 years to complete at least 36 hours of

continuing legal education activities, with appropriate penalties for failure to do so.

C. APPLICABILITY OF CODE TO

GOVERNMENT LAWYERS

CANON 6. These Canons shall apply to lawyers in government service in the

discharge of their official duties. Rule 6.01. The primary duty of a

lawyer in public prosecution is not to convict but to see that justice is

done. The suppression of facts or the concealment of witnesses capable of

establishing the innocence of the accused is highly reprehensible and

is cause for disciplinary action. Rule 6.02. A lawyer in government

service shall not use his public position to promote or advance his

private interests, nor allow the latter to interfere with his public duties.

Rule 6.03. A lawyer shall not, after

leaving government service, accept engagement or employment in

connection with any matter in which he had intervened while in said

service.

Code is applicable to government lawyers

Canon 6 makes the Code of Professional Responsibility applicable to lawyers in

government service in the discharge of their official duties.



ralc2011 30

The reason for the rule is that a lawyer

does not shed his professional obligations upon assuming public office.

In fact, his professional obligations should make him more sensitive to his official obligations because a lawyer’s

disreputable conduct is more likely to be magnified in the public eye.

As government counsel, they have the

added duty to abide by the policy of the State to promote a high standard of

ethics in public service. As part of the government bureaucracy,

it is incumbent upon lawyers to perform and discharge their duties with the

highest degree of professionalism, intelligence, and skill, and to extend

prompt, courteous, and adequate service to the public.

Fundamental principle in public law:

Public office is a public trust.

A public servant owes utmost fidelity to the public service.

Norms of conduct required of public officials:

1. Uphold the public interest over and above personal interest.

2. Discharge their duties with the highest degree of excellence,

professionalism, intelligence, and skill.

3. Act with justness and sincerity. 4. Provide service without

discrimination. 5. Extend prompt, courteous, and

adequate service to the public. 6. Be loyal to the Republic. 7. Commit themselves to democratic

way of life and values. 8. Live modest lives.

A prosecutor shall see to it that justice

is done

Rule 6.01. The primary duty of a

lawyer in public prosecution is not to convict but to see that justice is done.

The suppression of facts or the concealment of witnesses capable of establishing the innocence of the

accused is highly reprehensible and is cause for disciplinary action.

A public prosecutor is a quasi-judicial

officer who represents, not an ordinary party to a controversy, but sovereignty.

This sovereignty has its obligation to govern impartially. Therefore, the

interest in a criminal prosecution is not that it shall win a case but that justice

shall be done.

A public prosecutor should not hesitate to recommend to the court the acquittal

of the accused if the evidence in his possession shows that the accused is innocent.

If he finds no legal basis to sustain a conviction, he should not hesitate to

recommend that the accused be acquitted.

For “his finest hour is not when he wins a case with the conviction of the

accused. His finest hour is still when, overcoming the advocate’s natural

obsession for victory, he stands up before the court and pleads not for the

conviction of the accused but for his acquittal. For indeed, his noble task is

to prosecute only the guilty and to protect the innocent.”

Restrictions on the functions of public prosecutor

Public prosecutors should not allow giving the impression that their noble

office is being used, wittingly or unwittingly, for political ends or other

purposes alien to the basic objective of serving the interests of justice



ralc2011 31

evenhandedly, without fear or favor to

any and all litigants, whether rich or poor, weak or strong, powerless or

mighty.

It is his duty to refrain from improper

methods calculated to produce a wrongful conviction.

He should not offer as proof of the guilt of the accused which is illegally seized.

Nor suppress facts or conceal witnesses capable of establishing the innocence of

the accused.

It is improper for a public prosecutor to:

1. Assist in the escape of a prisoner. 2. Institute a criminal action to force

settlement of a case. 3. Agree to refrain from prosecuting

a person in consideration of some reward.

4. Receive money for dismissing a

complaint. 5. Induce an accused to plead

guilty. 6. Willfully fail to prosecute

violations of law. 7. Have a secret partner with whom

he divides the attorney’s fees.

In appeals, the Solicitor General has control

GENERAL RULE: The Solicitor General shall represent the People in criminal

actions brought to the Court of Appeals and the Supreme Court.

EXCEPTION: In all cases elevated to the Sandiganbayan and from there to the Supreme Court, the Office of the

Ombudsman, through its special prosecutor, shall represent the People.

9RA 8249) EXCEPTION TO THE EXCEPTION: Cases

filed pursuant to Executive Order Nos. 1, 2, 14, and 14-A issued in 1986.

Role of the private prosecutor GENERAL RULE: Where the civil action

for recovery of civil liability is instituted in the criminal action, the offended party may intervene by counsel in the

prosecution of the offense. (Rule 110, Sec. 16. Rules of Court)

EXCEPTIONS: Public prosecutor has direction and control of the prosecution:

1. Where from the nature of the crime and the law defining and

punishing it, no civil liability arises in favor of a private

offended party. 2. In cases where from the nature of

the offense, the offended party is entitled to civil indemnity arising

therefrom but he has: a. Waived the civil action or

b. Expressly reserved the right to institute it separately from the

criminal action.

The role of the private prosecutor in criminal actions is to represent the

private offended party with respect to the civil action for the recovery of civil

liability arising from the offense. His sole purpose is to enforce the civil

liability and not to demand the punishment of the accused.

Intervention by private lawyer is

subject to prosecutor’s control The intervention of the private

prosecutor in the criminal prosecution is always subject to the direction and control of the public prosecutor.

Public prosecutor is duty bound to take charge of the prosecution until its

termination. While he may allow the private

prosecutor to actively handle the



ralc2011 32

conduct of the trial, his duty to direct

and control requires that: 1. He must be present during the

proceedings. 2. He must at any time, take over

the conduct of the trial from the

private prosecutor.

Where the prosecutor turned over the active conduct of the trial to the private

prosecutor who presented testimonial evidence even when the public

prosecutor was absent during the trial, the evidence presented could not be

considered as valid evidence of the People of the Philippines.

However, it applies only to courts which are provided by law with their own

prosecutors, and not to Municipal Trial Courts which have no trial prosecutors.

A private prosecutor taking over a criminal action cannot take a stand different from or opposed to that of the

public prosecutor or cannot adopt a stand inconsistent with that of the

Solicitor General, otherwise it would be tantamount to giving him the direction

and control of the criminal proceedings, contrary to law and settled rules on the

matter.

When the public prosecutor should take over handling of the case

A public prosecutor should not allow the trial in the hands of a private

prosecutor to degenerate into a private prosecution.

The administration of criminal law should never be for the accomplishment of a private gain or advantage nor it be

a vehicle of oppression for the gratification of private malice.

A lawyer shall not use his public

position to promote his private interest

Rule 6.02. A lawyer in government

service shall not use his public position to promote or advance his private

interests, nor allow the latter to interfere with his public duties.

If the law allows a public official to practice law concurrently, he must not

use his public position to feather his law practice.

Neither should he accept any private legal business in which his duty to his

client will or may conflict with his official duties, and if some unforeseen

conflict with his official duties arises he should terminate his professional

relationship.

A public official should see to it that his private activity does not interfere with

the discharge of his official functions. He should avoid all impropriety and the appearance of impropriety.

Neither should he inferentially create a public image that he is utilizing his

public position to advance his professional success or personal

interest at the expense of the public.

RA 6713 (Code of Conduct and Ethical Standards for Public Officials and

Employees. Sec. 7(b). In addition to acts and

omissions of public officials and employees not prescribed in the Constitution and

existing laws, the following shall constitute prohibited acts and transactions of any

public official and employee and are hereby declared to be unlawful:

(b) Outside employment and other activities related thereto.—Public officials

and employees during their incumbency shall not:

1. Own, control, manage or accept employment as officer employee,



ralc2011 33

consultant, counsel, broker, agent,

trustee or nominee / in any private enterprise regulated, supervised or

licensed by their office / unless expressly allowed by law;

2. Engage in the private practice of

their profession unless authorized by the Constitution or law, provided

that such practice will not conflict or tend to conflict with their official

functions; or 3. Recommend any person to any

position in a private enterprise which has a regular or pending official

transaction with their office.

Former official may not accept certain

employment Rule 6.03. A lawyer shall not, after

leaving government service, accept engagement or employment in connection with any matter in which he

had intervened while in said service.

The restriction covers ―engagement and employment,‖ which means that he

cannot accept any work or employment from anyone that will involve or relate

to the matter in which he intervened as a public official, except on behalf of the

body or authority which he served during his public employment.

PCGG v. Sandiganbayan, 455 SCRA

526 (2005)): PCGG seeks to disqualify Atty. Estelito

Mendoza as counsel for the Lucio Group of Companies in the suit involving the sequestration of shares of stock of the LGC

as alleged ill-gotten wealth, on the ground that as former Solicitor General, he

intervened in the matter of the liquidation of Genbank, which was subsequently

purchased by LGC.

The Court ruled that ATty Mendoza could

not be disqualified from representing the LGC. The Court explained:

The key to unlock Rule 6.03 lies in comprehending.

1. The meaning of ―matter‖

referred to in the rules. 2. The metes and bounds of the

―intervention‖ made by the former government lawyer on

the ―matter.‖ The American Bar Association, in its

Formal Opinion 342, defined ―matter‖ as:

o Any discrete, isolatable act as well as identifiable transaction

and not merely an act of drafting, enforcing or

interpreting government or agency procedures,

regulations or laws, or briefing abstract principles of law.

The ―matter‖ or the act of Atty.

Mendoza as Solicitor General is ―advising the Central Bank on how to

proceed with Genbank’s liquidation is held not to be the ―matter‖

contemplated by Rule 6.03. Clearly, ABA Formal Opinion 342

stresses that Atty. Mendoza’s acts did not fall within the scope of the term

―matter.‖ It is given that respondent Mendoza

had nothing to do with the decision of the Central Bank to liquidate Genbank

and did not even participate in the sale of Genbank to Allied Bank.

The ―matter‖ which he got himself involved was informing the Central bank on the procedure by law to

liquidate Genbank. It is not the same as the subject

―matter‖ of the civil case of sequestration of stocks owned by Tan in

Allied Bank on the alleged ground that



ralc2011 34

they are ill-gotten. This case does not

involve the liquidation of Genbank. Whether the shares of stock of Allied

Bank are ill-gotten is far removed from the issue of the dissolution and liquidation of Genbank.

―Intervention‖ is interference that may

affect the interest of and influence others. Intervention must not be insubstantial and

insignificant.

―Substantial responsibility‖ is required by the prohibition.

In interpreting Rule 6.03, the Court also

cast a harsh eye on its use as a litigation tactic to harass opposing counsel as well

as deprive his client of competent legal representation.

In the case at bar, the new attempt to disqualify respondent Mendoza has long

been a dead issue, resuscitated after the lapse of many years and only after PCGG

has lost many legal incidents in the hands of the respondent.

It is also submitted that the Court should

apply Rule 6.03 in all its strictness for it correctly disfavors lawyers who ―switch

sides‖ and intended to avoid conflict of loyalties. It is claimed that ―switching

sides‖ carries the danger that former government employee may compromise

confidential official information in the process.

The act of respondent Mendoza in informing the Central Bank on the

procedure how to liquidate Genbank is a different matter from the subject matter of

Civil Case No. 0005 which is about sequestration of the shares of respondents

Tan in Allied Bank. There is no switching sides for no two sides are involved.



ralc2011 35

CHAPTER 4: THE LAWYER’S

DUTIES

TO THE LEGAL PROFESSION

A. UPHOLDING INTEGRITY OF

PROFESSION

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.

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.

Rule 7.02. A lawyer shall not support the application for admission

to the bar of any person known by him to be unqualified in respect to

character, education, or other relevant attribute.

Rule 7.03. A lawyer shall not

engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or

private life, behave in a scandalous manner to the discredit of the legal

profession.

Generally 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



ralc2011 36

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 Acts of personal immorality in his

private relation with the opposite sex. Gross immorality of the act, not merely

immorality, to justify suspension or

disbarment. 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. 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.

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.



ralc2011 37

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.



ralc2011 38

B. LAWYER’S RELATION WITH OTHER LAWYERS

Canon 8. A lawyer shall conduct himself with courtesy, fairness, and candor toward

his professional colleagues, and shall avoid harassing tactics against opposing counsel.

Rule 8.01. A lawyer shall not, in

professional dealings, use language which is abusive, offensive or

otherwise improper.

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.

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.



ralc2011 39

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.

C. PREVENTING UNAUTHORIZED PRACTICE OF LAW



ralc2011 40

Canon 9. A lawyer shall not, directly or

indirectly, assist in the unauthorized practice of law.

Rule 9.01. A lawyer shall not delegate to any unqualified person

the performance of any task which by law may only be performed by a

member of the Bar in good standing.

Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal

services with persons not licensed to practice law, except:

1. there is a pre-existing agreement with a partner or associate that,

upon the latter’s death, money shall be paid over a reasonable period of

time to his estate or to persons specified in the agreement; or

2. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer; or

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.

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



ralc2011 41

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 profitsharing 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.

D. SOLICITATION AND ADVERTISING

A lawyer shall not solicit legal

business The law prohibits lawyers from soliciting

cases for the purpose of gain, either personally, or through paid agents or

brokers, and makes the act malpractice. (Rule 138, Sec. 27, Rules

or Court) Sec. 27. Attorneys removed or

suspended by Supreme Court on what grounds. - A member of the bar may be

removed or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross

misconduct in such office, grossly immoral conduct, or by reason of his

conviction of a crime involving moral turpitude, or for any violation of the

oath which he is required to take before admission to practice, or for a wilfull



ralc2011 42

disobedience of any lawful order of a

superior court, or for corruptly or wilfully appearing as an attorney for a

party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either

personally or through paid agents or brokers, constitutes malpractice.

Rule 2.03. A lawyer shall not do or permit to be done any act designed to

primarily solicit legal business. Among those that fall under the

prohibition: 1. A lawyer who recommends

employment of himself, his partner, associate, or member of

his legal staff to a non-lawyer who has not sought his advice

regarding employment of a lawyer.

2. A lawyer who compensates and gives anything of value to a person or organization to

recommend or secure his employment of a client.

3. A lawyer who gives a reward for having made a recommendation

resulting in his employment by a client.

A lawyer shall not charge lower rates

to attract business An unethical practice of indirect

solicitation of legal business. Rule 2.04. A lawyer shall not charge

rates lower than those customarily prescribed unless the circumstances so

warrant. What the rule prohibits is the

competition in the matter of charging

professional fees for the purpose of attracting clients in favor of a lawyer

with lower rates. The rule does not prohibit the charging

of a reduced fee or none at all, to an

indigent or a person having difficulty

paying the usual fee.

A lawyer cannot advertise his talent; reasons therfor General rule: A lawyer cannot advertise

his talent as a shopkeeper advertises his wares.

Restriction originated from practices in the Inns of Court of England.

Young men studying to become barristers regarded the law as primarily

a form of public service in which the gaining of a livelihood was but a

secondary consideration. A lawyer is a member of an honorable

profession whose primary purpose is to render public service and help secure

justice and in which remuneration is a mere incident.

To allow a lawyer to advertise his talent or skill is to commercialize the practice of law, lower the profession in public

confidence and lessen its ability to render efficiently that high character of

service to which every member of the bar is called.

If competitive advertising were permitted, the conscientious and ethical

lawyers will unavoidably be at the mercy of the braggart.

Proper or permissible advertising or

solicitation Not all advertising or solicitation are

prohibited. What makes solicitation improper is:

1. the employment of such methods as are incompatible with the traditional dignity of a lawyer and

maintenance of correct professional standards or

2. the use of artificial means to augment the publicity that

normally results from what a lawyer does.



ralc2011 43

Best advertising for a lawyer: A well-

merited reputation for professional capacity and fidelity to trust.

Good and efficient service to a client as well as to the community has a way of publicizing itself and catching public

attention. That publicity is a normal by-product of

effective service. A good and reputable lawyer needs no

artificial stimulus to generate it and to magnify his success.

EXCEPTIONS: 1. Those which are expressly

allowed. 2. Those which are necessarily

implied from the restrictions.

publication in reputable law list with brief biographical and other

informative data which may include name, associates, address, phone numbers, branches of law practised,

birthday, day admitted to the bar, schools and dates attended, degrees

and distinctions, authorships, teaching positions, associations,

legal fraternities and societies, references and regularly represented

clients must be published for that purpose;

an ordinary, simple professional card;

publication of simple announcement of opening of law firm, change of

firm; telephone directory (but not under

designation of special branch of law);

if acting as an associate (specialising

in a branch of law), may publish a brief and dignified announcement to

lawyers (law list, law journal); seeking a public office (which can be

filled only by a lawyer);

full time position as corporate

counsel; if in media, those acts incidental to

his practice (i.e., not his own initiative);

write articles for publication giving

information upon the law (and not individual rights or advising through

column/ TV broadcast, lest such be considered indirect advertising);

if entering into other businesses (which are not inconsistent with

lawyer’s duties) then it is advisable that they be entirely separate and

apart such that a layman could distinguish between the two

functions.

Writing legal articles An attorney ―may with propriety write

articles for publications in which he gives information upon the law; but he should not accept employment from

such publications to advise inquiries in respect to their individual rights.‖

(Canon 40, Code of Professional Ethics) A lawyer may properly write and sell for

publication, articles of general nature on legal subjects in a law journal.

What should be guarded against is the

violation of the ethical principles concerning:

1. Improper advertising by a lawyer. 2. Giving of legal advice to one with

whom no attorney-client relationship exists.

3. Aiding of a layman to engage in unauthorized practice of law.

Engaging in business or other occupation

It is not uncommon to see lawyers combining law practice with some other

lawful occupation.



ralc2011 44

The fact that he is a lawyer does not

preclude him from engaging in business.

Impropriety arises when the nature and manner of business is inconsistent with the duties of the lawyer such as when it

is used as a cloak for indirect solicitation on his behalf.

It is necessary that the lawyer keeps any business in which he is engaged,

entirely separate and apart from his practice.

He shall make it clear to his client in what capacity he is acting.

Businesses closely associated with the practice of law:

o Collection agency. o Real estate brokerage.

o Insurance agency. o Mortgage service.

o Tax service and consultancy. A lawyer shall make clear whether he

is acting in another capacity Rule 15.08. A lawyer who is engaged

in another profession or occupation concurrently with the practice of law

shall make clear to his client whether he is acting as a lawyer or in another

capacity. The reason is that certain ethical

considerations governing the attorney-client relationship may be operative in

one and not in the other.

Lawyer shall not use false statement regarding his qualification or service

CANON 3: A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective

information or statement of facts. Rule 3.01. A lawyer shall not use or

permit the use of any false, fraudulent, misleading, deceptive, undignified, self-

laudatory, or unfair statement or claim

regarding his qualifications or legal

services. Rule 3.04. A lawyer shall not pay or

give anything of value to representatives of the mass media in anticipation of, or in return for, publicity

to attract legal business. Similarly, he should not resort to

indirect advertisements, such as furnishing or inspiring newspaper

comments, or procuring his photograph to be published.

CANON 3: A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or

statement of facts. Rule 3.01. A lawyer shall not use or

permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory, or unfair statement or claim

regarding his qualifications or legal services.

Rule 3.02. In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use

of the name of a deceased partner is permissible provided that the firm

indicates in all its communications that said partner is deceased.

Rule 3.03. Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped

from the firm name unless the law allows him to practice law concurrently.

Rule 3.04. A lawyer shall not pay or give anything of value to representatives of the mass media in

anticipation of, or in return for, publicity to attract legal business.



ralc2011 45

It is highly unethical for an attorney to

advertise his talents or skill as a merchant advertises his wares. The law is a profession and not a business. The

lawyer may not sell or obtain employment himself or through others

for to do so would be unprofessional. It is destructive of the honor of a great

profession. It lowers the standards of that profession. It works against the

confidence of the community and it results in needless litigation. (In Re:

Tagorda, 53 Phil 37 (1929))7 Tagorda was suspended for soliciting

business. Before Tagorda’s election to the provincial board of Isabela, he used

a card offering services as an attorney and a notary public free. The card also

stated that he was a candidate for the provincial board. After his election, he wrote a letter to the barrio lieutenant

informing him that he would continue his practice as lawyer and asking that

the lieutenant transmit this information to the barrio.

Examples of improper advertising: o Distribution of a diary which has

an attorney’s card printed in the cover.

o Procuring a lawyer’s name to be written in an automobile

insurance policy with direction to the insured to contact the

attorney in case of accident.

A lawyer shall not use false or misleading firm name

Law partnership among lawyers for the general practice of law is common.

Such partnership is a mere association of lawyers for such purpose and is a

non-legal entity.

It is not a business partnership under

the Civil Code. No person should be admitted or held

out as a member who is not a lawyer. Rule 3.02. In the choice of a firm

name, no false, misleading or assumed

name shall be used. The continued use of the name of a deceased partner is

permissible provided that the firm indicates in all its communications that

said partner is deceased. The reason for allowing the continued

use of the name of a deceased partner is that all the partners, by their joint

efforts over a period of time, contributed to the goodwill attached to

the firm name, and this goodwill is disturbed by a change in firm name

every time a partner dies. Filipino lawyers cannot practice law

under the name of a foreign law firm, as the latter cannot practice law in the Philippines.

The use of the foreign law firm in the country is unethical:

o The respondent’s use of the firm name constitutes a

representation that being associated with Baker and

McKenzie they could ―render legal services to the highest quality to

multinational business enterprises and others engaged in foreign

trade and investment.‖ This is unethical because Baker &

McKenzie is not authorized to practice law here. (Dacanay v.

Baker and McKenzie, 136 SCRA 349 (1985))

A partner who accepts public office should withdraw from the firm;

exception Rule 3.03. Where a partner accepts

public office, he shall withdraw from the firm and his name shall be dropped



ralc2011 46

from the firm name unless the law

allows him to practice law concurrently. The purpose of the rule is to prevent

the law firm from using his name to attract legal business and to avoid suspicion of undue influence.

A lawyer shall not seek media

publicity Rule 3.04. A lawyer shall not pay or

give anything of value to representatives of the mass media in

anticipation of, or in return for, publicity to attract legal business.

Media publicity, as a normal by-product of efficient legal service, is not

improper. What is improper is for a lawyer to

resort to propaganda to secure media publicity for the purpose of attracting

legal business. The purpose of the rule is to prevent

some lawyers from gaining unfair

advantage over others through the use of gimmickry.

o Procuring his photograph to be published in connection with

cases he is handling. o Making a courtroom scene to

attract the attention of newspapermen.

o Arranging for the purpose an interview with him by media

people.

E. THE INTEGRATED BAR OF THE PHILIPPINES

Integration of the bar The official unification of the entire

lawyer population. Requires membership and financial

support of every attorney as a condition sine qua non to the practice of law.

Bar integration signifies the setting up by the government authority of a

national organization of the legal

profession based on the recognition of the lawyer as an officer of the court.

Integration fosters cohesion among lawyers and ensures the promotion of the objectives of the legal profession

pursuant to the principle of maximum bar autonomy with minimum

supervision by the Supreme Court.

Power to integrate the bar The Constitution vests upon the

Supreme Court the power to integrate the Philippine bar.

Such power is an inherent part of the Court’s constitutional authority over the

bar. ―Supreme Court may adopt rules of

court to effect the integration of the Philippine Bar.‖ (RA 6397 AN ACT

PROVIDING FOR THE INTEGRATION OF THE PHILIPPINE BAR)

However, RA 6397 neither confers a

new power nor restricts the Court’s inherent power but is a mere legislative

declaration that the integration will promote public interest or will raise the

standard of the legal profession. January 16, 1973, Supreme Court

ordained the integration of the Philippine Bar.

Presidential Decree 181 (CONSTITUTING THE INTEGRATED BAR

OF THE PHILIPPINES INTO A BODY CORPORATE AND PROVIDING

GOVERNMENT ASSISTANCE THERETO FOR THE ACCOMPLISHMENT OF ITS

PURPOSES) constituted the Integrated Bar into a corporate body.

Constitutionality of integration Constitutionality hinges on the effects

of bar integration on the lawyer’s constitutional rights of freedom of

association and freedom of speech and



ralc2011 47

on the nature of the dues exacted from

him. In upholding the constitutionality of

integration, the Supreme Court quoted approvingly the report of the Commission on Bar Integration on the

matter as follows: o Freedom of Association – ―To

compel a lawyer to be a member of an integrated bar is not

violative of his constitutional freedom to associate (or the

corollary right not to associate).‖ ―Integration does not make

a lawyer a member of any group of which he is not

already a member. He became a member of the

bar when he passed the bar exams. All that integration

does is to provide an official national organization for the well-

defined but unorganized and incohesive group of

which every lawyer is already a member.‖

―Bar integration does not compel the lawyer to

associate with anyone. He is free to attend or not

attend the meetings.‖ ―The compulsion to which

he is subjected is the payment of annual dues.‖

The issue, therefore, is a question of compelled

financial support of group activities, not involuntary membership in any other

aspect. Assuming that bar

integration does compel a lawyer to be a member,

such compulsion is justified

as an exercise of the police

power of the State. The inherent power of the

Supreme Court to regulate the bar includes the authority to integrate the

bar. o Regulatory fee – For the Court to

prescribe dues does not mean that the Court levies a tax.

A membership fee is an exaction for regulation,

while the purpose of a tax is revenue.

An integrated bar program would not be possible to

push through without means to defray the

concomitant expenses. The public interest

promoted by integration far outweighs the inconsequential

inconvenience to a member that might result from his

required payment of annual dues.

o Freedom of Speech – ―A lawyer is free, as he has always been, to

voice his views on any subject in any manner he wishes, even

though such views be opposed to positions taken by the unified

bar.‖ ―For the Integrated Bar to

use a member’s dues to promote measures to which

said member is opposed, would not nullify or adversely affect his

freedom of speech.‖ ―Since a State may

constitutionally condition the right to practice law

upon membership, it is difficult to understand why



ralc2011 48

it should become

unconstitutional for the bar to use the member’s dues

to fulfill the very purposes for which it was established.‖

o Fair to all lawyers – ―Bar integration is not unfair to

lawyers already practicing because although the

requirement to pay dues is a new regulation. It will give the

member a new system which they hitherto have not had, and

through which, by proper work, they will receive benefits they

have not hereto enjoyed. Because it will apply equally to all

lawyers. Because it is a new regulation in exchange for new

benefits, it is not retroactive, unequal, or unfair.‖

Purposes and objectives of the Integrated Bar

By-laws Integrated Bar Philippines Sec. 2. Objectives and purposes. - The

following are the general objectives of the Integrated bar:

o to elevate the standards of the legal profession,

o to improve the administration of justice; and

o to enable the Bar to discharge its public responsibilities more

effectively. o The purposes of the Integrated

Bar include, without being limited to, those specified in the per curiam Resolution of the Supreme

Court dated January 9, 1973 ordaining the integration of the

Philippine Bar, to wit: 1. Assist in the administration

of justice;

2. Foster and maintain, on the

part of its members, high ideals of integrity, learning,

professional competence, public service and conduct;

3. Safeguard the professional

interests of its members; 4. Cultivate among its

members a spirit of cordiality and brotherhood;

5. Provide a forum for the discussion of law,

jurisprudence, law reform, pleading, practice and

procedure, and the relations of the Bar to the

Bench and to the public, and publish information

relating thereto; 6. Encourage and foster legal

education; and 7. Promote a continuing

program of legal research

in substantive and adjective law, and make

reports and recommendations thereon.

The purposes of an integrated Bar, in

general, are: 1. Assist in the administration of

justice; 2. Foster and maintain on the part

of its members high ideals of integrity, learning, professional

competence, public service and conduct;

3. Safeguard the professional interests of its members;

4. Cultivate among its members a

spirit of cordiality and brotherhood;

5. Provide a forum for the discussion of law, jurisprudence, law reform,

pleading, practice and procedure, and the relations of the Bar to the



ralc2011 49

Bench and to the public, and

publish information relating thereto;

6. Encourage and foster legal education;

7. Promote a continuing program of

legal research in substantive and adjective law, and make reports

and recommendations thereon; and

8. Enable the Bar to discharge its public responsibility effectively.

Integration of the Bar will, among other

things, make it possible for the legal profession to:

1. Render more effective assistance in maintaining the Rule of Law;

2. Protect lawyers and litigants against the abuse of tyrannical judges and

prosecuting officers; 3. Discharge, fully and properly, its

responsibility in the disciplining

and/or removal of incompetent and unworthy judges and prosecuting

officers; 4. Shield the judiciary, which

traditionally cannot defend itself except within its own forum, from

the assaults that politics and self-interest may level at it, and assist it

to maintain its integrity, impartiality and independence;

5. Have an effective voice in the selection of judges and prosecuting

officers; 6. Prevent the unauthorized practice of

law, and break up any monopoly of local practice maintained through influence or position;

7. Establish welfare funds for families of disabled and deceased lawyers;

8. Provide placement services, and establish legal aid offices and set up

lawyer reference services throughout

the country so that the poor may not

lack competent legal service; 9. Distribute educational and

informational materials that are difficult to obtain in many of our provinces;

10. Devise and maintain a program of continuing legal

education for practising attorneys in order to elevate the standards of the

profession throughout the country; 11. Enforce rigid ethical

standards, and promulgate minimum fees schedules;

12. Create law centers and establish law libraries for legal

research; 13. Conduct campaigns to

educate the people on their legal rights and obligations, on the

importance of preventive legal advice, and on the functions and duties of the Filipino lawyer; and

14. Generate and maintain pervasive and meaningful country-

wide involvement of the lawyer population in the solution of the

multifarious problems that afflict the nation. (In re Integration of the

Bar of the Philippines)

Non-political bar By-laws Integrated Bar Philippines

Sec. 4. Non-political bar. - The Integrated Bar is strictly non-political,

and every activity tending to impair this basic feature is strictly prohibited and

shall be penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial, or prosecutory office in

the Government or any political subdivision or instrumentality thereof

shall be eligible for election or appointment to any position in the

Integrated Bar or any Chapter thereof. A Delegate, Governor, officer or



ralc2011 50

employee of the Integrated Bar, or an

officer or employee of any Chapter therof shall be considered ipso facto

resigned from his position as of the moment he files his certificate of candidacy for any elective public office

or accepts appointment to any judicial, quasi-judicial, or prosecutory office in

the Government or any political subdivision or instrumentality thereof.

The election of IBP officers is required

to be conducted on a non-political basis. Partisan politics may thus

invalidate the elections. Partisan political activities of candidates

for IBP positions, such as setting up campaign headquarters, island-hopping

to solicit votes of chapter presidents, made a political circus of the

proceedings and tainted the whole election process. The candidates violated the IBP by-laws and of the

ethics of the legal profession.

Membership, resignation, retirement, and reinstatement

By-laws Integrated Bar Philippines o Sec. 18. Membership. - The

following persons are, automatically and without

exception members of the Integrated Bar of the Philippines:

a. All lawyers whose names were in the Roll of

Attorneys of the Supreme Court as of January 16,

1973; and b. All lawyers whose names

were included or are

entered therein after the said date.

o Sec. 19. Registration. - Unless he has already previously

registered, every member heretofore admitted to the

practice of law shall, not later

than December 31, 1974, register in the Integrated Bar as

hereunder required, at the national office or at the office of his Chapter.

Every person admitted to the

practice of law after these by-laws become effective shall

register in like manner not later than sixty days after such

admission.

Registration shall be accomplished by signing and

filing in duplicate the prescribed registration form containing such

information as may be required by the Board of Governors,

including the following: a. Full name, sex and civil

status;

b. Month, date, year and place of birth;

c. Office address(es); d. Residence address(es);

e. Occupation(s) or employment;

f. Name of law school and year of graduation;

g. Year of admission to the Bar; and

h. Field(s) of specialization in law, if any.

It shall be the duty of the Secretary

of every Chapter to promptly forward a copy of each accomplished registration form to the national

office.

o Sec. 20. Members in good standing. - Every member who

has paid all membership dues and all authorized special



ralc2011 51

assessments, plus surcharges

owing thereon, and who is not under suspension from the

practice of law or from membership privileges, is a member in good standing.

o Sec. 21. Voluntary termination of

membership; reinstatement. - A member may terminate his

membership by filing a verified notice to that effect with the

Secretary of the Integrated Bar, who shall immediately bring the

matter to the attention of the Supreme Court. Forthwith, he

shall cease to be a member and his name shall be stricken from

the Roll of Attorneys.

Reinstatement may be made in accordance with rules and regulations prescribed by the

Board of Governors and approved by the Court.

o Sec. 22. Retirement;

reinstatement. - Any member in good standing who shall have

attained the age of seventy-five years, or who shall have been

forty years as lawyer shall, by reason of physical disability or

judicially adjudged mental incapacity, be unable to engage

in the practice of Law, may be retired from the Integrated Bar

upon verified petition to the Board of Governors. Retired members shall not practice law or

be required to pay dues.

A retired member may be reinstated to active membership

upon written application to and approval by the Board.

Membership dues and effect of

nonpayment thereof Sec. 23. Membership dues. - On or

before the 31st day of December, every

member of the Integrated Bar shall pay annual dues for the ensuing fiscal year

in the amount of FIVE HUNDRED PESOS at the National Office or at the office of

his Chapter, to take effect on January 1, 1995.

Subject to approval by the Supreme

Court, the Board of Governors may increase the annual membership dues,

or modify the apportionment thereof.

All lawyers shall indicate in all pleadings, motions and papers

signed and filed by them in any court in the Philippines - and in the case of government lawyers, in all

official documents issued by them - the number and date of their official

receipt indicating payment of their annual membership dues to the

Integrated Bar of the Philippines for the current year, or in the case of

life members, their life membership roll number. (As amended pursuant

to Bar Matter No. 668).

Sec. 24. Effect of non-payment of dues. - Except for the fiscal year

1974- 1975, any member who has not paid his membership dues for

any given fiscal year on or before the last day (June 30) of the immediately preceding fiscal year

shall be considered as dues-delinquent members. For the fiscal

year 1974-1975 any member who has not paid the annual dues on or

before November 30, 1974 shall be considered a dues-delinquent. If the



ralc2011 52

delinquency continues until the

following December 31, the Board of Governors shall by Resolution

forthwith suspend all his membership privileges other than the practice of law.

Sec. 25. Remission or lifting of

sanctions. - The Board of Governors may, for justifiable reasons, remit or

lift sanctions already imposed and authorize the retroactive

reinstatement of the member concerned. However, sanctions

imposed or approved by the Supreme Court may be remitted or

lifted only by the Court.

Organizational Setup Sec. 47. National Officers. - The

Integrated Bar of the Philippines shall have a President and Executive Vice President to be chosen by the Board of

Governors from among nine (9) regional governors, as much as

practicable, on a rotation basis. The governors shall be ex officio Vice

President for their respective regions. There shall also be a Secretary and

Treasurer of the Board of Governors to be appointed by the President with the

consent of the Board. (As amended pursuant to Bar Matter 491).

The deliberative body is the House of Delegates.

Sec. 30. Composition of the House. - The Integrated Bar shall have a House

of Delegates composed of not more than one hundred and twenty members apportioned among all the Chapters.

On or before December 31, 1974, and every two years thereafter, the Board

of Governors shall make a reappointment of Delegates among all

the Chapters as nearly as may be according to the number of their

respective members, but each Chapter

shall have at least one Delegate. At the local level are the Chapter

officials. Sec. 26. Chapters. - A Chapter of the

Integrated Bar shall be organized in

every province existing on the date of the effectivity of the Integration Rule.

Except as hereinbelow provided, every city shall be considered part of the

province within which it was geographically situated prior to its

creation as a city.

National officers Sec. 50. Duties of officers. - (a)

President: The President shall be the chief executive of the Integrated

Bar, and shall preside at all meetings of the Board of Governors.

(b) Executive Vice President: The Executive Vice President shall exercise the powers and perform the

functions and duties of the President during the absence or inability of the

latter to act, and shall perform such other functions and duties as are

assigned to him by the President and the Board of Governors.

(c) Governors: In addition to his duties as a member of the Board of

Governors, each elective Governor shall act as representative of his

Region in the Board. He shall promote, coordinate and correlate

activities of the Chapters within his Region.

(d) Secretary: The Secretary shall attend all meetings of the Board of Governors, and keep a record of all

the proceedings thereof; prepare and maintain a register of all

members of the Integrated Bar; notify national officers as well as

members of national committees of their election or appointments;

http://www.chanrobles.com/rulesofcourtrule139-a.htm



ralc2011 53

cause to be prepared the necessary

official ballots for the election of Governors; and perform such other

duties as are assigned to him by these By-Laws, by the President and by the Board of Governors.

(e) Treasurer: The Treasurer shall collect, receive, recorder and

disburse ad funds of the Integrated Bar;

Sec. 49. Terms of office. - The President and the Executive Vice

President shall hold office for a term of two years from July 1 following

their election until June 30 of their second year in office and until their

successors shall have been duly chosen and qualified.

Board of Governors

Sec. 39. Nomination and election of the Governors. - At least one (1) month before the national convention the

delegates from each region shall elect the governor for their region, the choice

of which shall as much as possible be rotated among the chapters in the

region. The Integrated bar is governed by a

Board of Governors consisting 9 Governors from the 9 regions.

The President and the Executive Vice President, if chosen by the Governors

from outside themselves, shall ipso facto become members of the board.

Sec. 38. Term of office. - The Governors shall hold office for a term of

two years from July 1 immediately following their election to June 30 of their second year in office and until

their successors shall have been duly chosen and qualified.

Sec. 41. Functions of the Board. - The Board of Governors shall have

general charge of the affairs and

activities of the Integrated Bar. It shall

have authority, inter alia, to: a. Fix the date, time and place of every

convention of the House of Delegates; b. Make appropriations and authorize

disbursements from the funds of the

Integrated Bar; c. Engage the services of employees,

define their duties and fix their compensation;

d. Receive, consider and act on reports and recommendations submitted by the

House of Delegates or its committees; e. Provide for the publication of the

Journal of the Integrated Bar; f. Administer the Welfare Fund;

g. Fill vacancies, however arising in the positions of officers of the Integrated

Bar; h. Subject to the approval of the Supreme

Court, promulgate Canons of Professional Responsibility for all members of the Integrated Bar;

i. Promulgate rules and regulations for the establishment and maintenance of

lawyer referral services throughout the Philippines;

j. Subject to the approval of the Supreme Court, impose special assessments for

specific national purposes, and impose, or recommend sanctions for non-

payment or delinquency in the payment thereof;

k. Prescribe such rules and regulations as may be necessary and proper to carry

out the objectives and purposes of the Integrated Bar; and

l. Perform such other functions as may be necessary or expedient in the interest of the Integrated Bar.

In the discharge of its duties, the Board

of Governors is assisted by national committees.

o Committee on Chapter Affairs.



ralc2011 54

o Committee on Legal Aid.

o Committee on Administration of Justice.

o Committee on Legal Education and Bar Admissions.

o Committee on Professional

Responsibility, Discipline and Disbarment.

o Committee on Research Services. o Committee on Legislation.

o Committee on Public Services. o Committee on Inter-Professional

and Business Relations. o Committee on Books and

Publications. o Committee on Unauthorized

Practice of Law. o Committee on Law Reporting.

o Budget committee.

House of Delegates The deliberative body of the IBP is the

House of delegates.

Sec. 30. Composition of the House. - The Integrated Bar shall have a House

of Delegates composed of not more than one hundred and twenty members

apportioned among all the Chapters. On or before December 31, 1974, and

every two years thereafter, the Board of Governors shall make a

reappointment of Delegates among all the Chapters as nearly as may be

according to the number of their respective members, but each Chapter

shall have at least one Delegate. Sec. 31. Membership. - The

membership of the House of Delegates shall consist of all the Chapter Presidents and in the case of Chapters

entitled to more than one Delegate each, the Vice Presidents of the

Chapters and such additional Delegates as the Chapters are entitled to. Unless

the Vice President is already a Delegate, he shall be an alternate

Delegate. Additional Delegates and

alternates shall in proper cases be elected by the Board of Officers of the

Chapter. Members of the Board of Governors who are not Delegates shall be members ex oficio of the House,

without the right to vote. Sec. 34. Special convention. -

Special conventions of the House may be called by the Board of Governors

motu proprio, or upon written petition therefor filed with the Secretary of the

Integrated Bar signed by not less than thirty Delegates.

Sec. 33. (b) The President and Executive Vice President of the IBP shall

be the Chairman and Vice-Chairman, respectively, of the House of Delegates.

The Secretary, Treasurer, and Sergeant-at-Arms shall be appointed by

the President with the consent of the House of Delegates.

Chapter Government The fundamental objective of the

Chapter is to administer the affairs of the IBP within its territorial jurisdiction

under the general direction and supervision of the Board of Governors.

Sec. 2. Objectives and purposes. - The following are the general objectives

of the Integrated bar: o to elevate the standards of the

legal profession, o to improve the administration of

justice; and o to enable the Bar to discharge its

public responsibilities more effectively.

Each chapter has its own government.

The chapter government is vested in a Board of Officers composed of a

President, a Vice-President, a Secretary, a Treasurer, and five

Directors who shall be elected at the



ralc2011 55

biennial meeting and shall hold office

for a term of 2 years.



ralc2011 56

CHAPTER 5: LAWYER’S

DUTIES TO COURTS

A. LAWYER OWES CANDOR AND

FAIRNESS TO THE COURTS

Canon 10. A Lawyer owes candor, fairness and

good faith to the Court.

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.

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.

Rule 10.03. A lawyer shall observe the

rules of procedure and shall not misuse

them to defeat the ends of justice.

Lawyer’s duties to court, generally A lawyer 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. His first duty is not to his client but to

the administration of justice. Client’s success is wholly subordinate.

His conduct ought to be scrupulously observant of the law and ethics of the

profession. Should there be conflict between his

duty to his client and that to the court, he should resolve such conflict in favor

of the latter. Primary responsibility being to uphold

the cause of justice.

A lawyer should be candid and truthful

to the court 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.

A lawyer shall do no falsehood 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



ralc2011 57

courts by an artifice or false statement

of fact or law. The oat 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.

A lawyer should not misquote nor misrepresent 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.

A lawyer shall not misuse rules of procedure

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.



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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. B. OBSERVING AND MAINTAINING

RESPECT DUE THE COURTS AND JUDICIAL OFFICERS

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.

Rule 11.01. A lawyer shall appear in

court properly attired.

Rule 11.02. A lawyer shall punctually

appear at court hearings.

Rule 11.03. A lawyer shall abstain from

scandalous, offensive or menacing

language or behavior before the courts.

Rule 11.04. A lawyer shall not attribute

to a Judge motives not supported by the

record or have no materiality to the case.

Rule 11.05. A lawyer shall submit

grievances against a Judge to the proper

authorities only.

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.



ralc2011 59

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 unjust 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

A lawyer shows respect to the court by appearing during the trial punctually and in proper attire.

He owes it to his client, to the court, and to the public.

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



ralc2011 60

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 The duty to support the judge does not, however,

preclude a lawyer from filing administrative complaints against erring judges.

Rule 11.05. A lawyer shall submit grievances

against a Judge to the proper authorities only.

That they be filed with the Supreme Court

which has administrative supervision over all

courts and the power to discipline judges of

lower courts.

Constitution Article VIII Section 6.

The Supreme Court shall have administrative supervision over all

courts and the personnel thereof. Constitution Article VIII Section

11. x x x 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.

A lawyer may prefer charges against a judge

only after proper circumspection and without

the use of disrespectful language or offensive

personalities.

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.

C. ASSISTING THE COURT IN SPEEDY AND

EFFICIENT ADMINISTRATION OF JUSTICE

Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient

administration of justice. Rule 12.01. A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its preference.

He should also be ready with the original

documents for comparison with the copies.



ralc2011 61

Rule 12.02. A lawyer shall not file multiple actions arising from the same cause.

Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting to the same or offering an explanation for his failure to do so. Rule 12.04. A lawyer shall not unduly delay a

case, impede the execution of a judgment or misuse court processes.

Rule 12.05 A lawyer shall refrain from talking to his witness during the break or recess in the trial, while the witness is still under

examination. Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.

Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.

Rule 12.08 - A lawyer shall avoid testifying in

behalf of his client, except:

(a) on formal matters, such as the mailing,

authentication or custody of an instrument,

and the like; or

(b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel.

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. Nonobservance of this rule might result in:

1. The postponement of the pre-trial or

hearing, which would thus entail delay in the early disposition of the case,

2. The judge may consider the client nonsuited or in default or

3. 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

Rule 12.02. A lawyer shall not file multiple actions

arising from the same cause.



ralc2011 62

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.

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.

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



ralc2011 63

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

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. Res judicata – a doctrine which

precludes parties from re-litigating issues actually litigated and determined

by a prior and final judgment. It requires:

o That there be a decision on the

merits;

o By a court of competent jurisdiction; o The decision is final; o 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.

There is forum shopping where there are identity of parties or interest, rights asserted, and reliefs sought in different tribunals.

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.



ralc2011 64

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

Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes.

The law makes it the lawyer’s duty to

delay no man for money or malice. 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.

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. Procedural rules are precisely designed

to accomplish the purpose of rendering justice to the parties to a lawsuits free

from the ―law’s delays.‖ A lawyer should use those rules for the

purpose and not for its frustration.

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



ralc2011 65

and then asks that justice be done upon

the merits. 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:

(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

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.

The rule prohibits the practice of the

lawyer taking the witness stand and asking questions to him and answering

them as a witness.



ralc2011 66

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.

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.

The underlying reason for the impropriety of a lawyer acting in such

dual capacity: o The function of a witness is to tell

the facts. o The function of an advocate is

that of a partisan. It is difficult to distinguish between the

zeal of an advocate and the fairness and impartiality of a disinterested

witness. It is hard to disassociate his relation to

his client as an attorney and his relation

to the party as a witness.

D. AVOIDING IMPROPRIETY THAT TENDS TO INFLUENCE THE COURT

CANON 13 - A lawyer shall rely upon the merits of his

cause and refrain from any impropriety which tends to

influence, or gives the appearance of influencing the

court.

Rule 13.01 - A lawyer shall not extend

extraordinary attention or hospitality to, nor

seek opportunity for cultivating familiarity with

Judges.

Rule 13.02 - A lawyer shall not make public

statements in the media regarding a pending

case tending to arouse public opinion for or

against a party.

Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of

the government in the normal course of judicial proceedings.

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.



ralc2011 67

Criticism of pending and concluded

lititation 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.



ralc2011 68

CHAPTER 6: NATURE AND CREATION OF

ATTORNEY-CLIENT RELATIONSHIP

CANON 14. A lawyer shall not refuse his services

to the needy.

Rule 14.01. A lawyer shall not decline to

represent a person solely on account of

the latter’s race, sex, creed or status of

life, or because of his own opinion

regarding the guilt of said person.

Rule 14.02. A lawyer shall not decline,

except for serious and sufficient cause, an

appointment as counsel de oficio or as

amici curiae, or a request from the

Integrated Bar of the Philippines or any of

its chapters for rendition of free legal aid.

Rule 14.03. A lawyer may refuse to

accept representation of an indigent client

if:

a. He is not in a position to carry

out the work effectively or

competently;

b. He labors under a conflict of

interests between him and the

prospective client or between a

present client and the prospective

client.

Rule 14.04. A lawyer who accepts the

cause of a person unable to pay his

professional fees shall observe the same

standard of conduct governing his

relations with paying clients.

A. NATURE OF RELATION

Nature of client relationship, generally

Historically, the nature of lawyer-client

relationship is premised on the Roman Law

concepts of location conduction operarum

(contract of lease of services) and mandato

(contract of agency)

In modern day, an attorney is more than a

mere agent or servant because he possesses

special powers of trust and confidence

reposed on him by his client.

The lawyer is also as independent as a judge,

with powers entirely different from and

superior to those of an ordinary agent.

Moreover, he is an officer of the court.

The relation of attorney and client is strictly

personal and highly confidential.

Its creation breathes life to the rules and

ethics of the legal profession and requires of

an attorney who accepts a retainer a high

standard of conduct and an appreciation of

his duties to his client, to the court, to the

bar, and to the public.

Relation as strictly personal

The relationship involves mutual trust and

confidence to the highest degree.

The personal character of the relation

prohibits its delegation in favor of another

attorney without the client’s consent.

What may not be delegated: The relationship

itself.

It also terminates upon the death of either

the client or the attorney.

The deceased attorney’s personal

representative has no right to assign pending

cases to a counsel of his choice. Such matter

is for the client to decide.

A client can terminate the relationship at any

time with or without cause.

An attorney, however, being an officer of the

court, enjoys no similar right. He may be

permitted to withdraw from the case only with

the consent of the client or that of the court.

Only a proper sense of detachment will

enable the attorney to adequately serve the

interest of his client.

The personal relation does not require an

attorney to adopt as his own, the troubles of

his client for he is likely to lose his composure

and equanimity.

It is advisable for a lawyer who is a party

litigant not to appear for himself or for a close

relative.

His personal involvement may blur his sense

of duty and purpose and affect his

performance, to his or the client’s detriment.

In that situation, he should ask another

lawyer who can act with more detachment

and less emotional involvement to undertake

the active prosecution or defense of the case.

Relation as fiduciary and confidential



ralc2011 69

The relation is highly fiduciary in nature and

of a very delicate, exacting, and confidential

character.

It demands undivided allegiance, a high

degree of good faith, disinterestedness,

candor, fairness, loyalty, fidelity, and absolute

integrity in all his dealings with his clients and

utter renunciation of every personal

advantage conflicting with the interest of his

client.

His responsibilities to his client should,

however, be reconciled with his duties to the

court. Each of them requires fidelity and

loyalty in varying degrees within limits.

Deviation from such limits may invite the

exercise of disciplinary power by the court.

Rules protective of relation

The preservation and protection of that

relation will encourage a client to entrust his

legal problems to an attorney, which is of

paramount importance to the administration

of justice.

Rules promulgated, in the nature of

injunctions peculiarly addressed to an

attorney:

1. To exert his best effort and learning in

the protection of the interest of his

client;

2. To promptly account for any fund or

property entrusted by or received for

his client;

3. Not to purchase or acquire, any

property or interest of is client in

litigation;

4. To forever keep inviolate his client’s

secrets or confidence, and not to

abuse them;

5. Not to represent a party whose

interest is adverse to that of his client

even after the termination of the

relation.

The Supreme Court requires strict obedience

to those rules and subjects the attorney to

discipline and administrative liability for

inexcusable breach thereof to protect the

public, the court, and the client from

dishonesty and incompetence of unfaithful

lawyers.

B. RETAINER OR EMPLOYMENT

Concept of term “retainer”

The term “retainer” may refer to either of 2

concepts:

1. The act of the client engaging the

services of an attorney to render legal

advice or defend or prosecute his

cause in court.

a. General Retainer – its purpose

is to secure beforehand, the

services of an attorney for any

legal problem that may

afterward arise.

b. Special Retainer – has

reference to a particular case or

service only.

2. The retaining fee which a client pays

to an attorney when the latter is

retained.

o It is a preliminary fee paid to

insure and secure his future

services.

o To remunerate him for being

deprived of the opportunity of

rendering services to the other

party by being retained by one

party.

o It is apart from what the client

has agreed to pay for the

services which he has retained

him to perform.

Its purpose: To prevent undue hardship on

the part of the attorney based on the rule

forbidding him from acting as counsel for the

other party after he has been retained by or

has given professional advice to the opposite

party.

Necessity of retainer

An attorney has no power to act as counsel or

legal representative for a person without

being retained.

He may not appear in court for a party

without being employed, unless by leave of

court.

Rules of Court, Rule 138, Sec. 21.

….

An attorney willfully appearing in court for a

person without being employed, unless by

leave of the court, may be punished for

contempt as an officer of the court who has

misbehaved in his official transactions.

Neither the purported client nor the adverse

party may be bound by his appearance unless



ralc2011 70

the former ratifies or is stopped to deny the

assumed authority.

Sufficiency of professional employment

The essential feature of the relation is the fact

of employment.

While a written agreement for professional

services is the best evidence to show the

relation, formality is not an indispensable

element of the employment of an attorney.

It is not necessary that a retainer should have

been paid, promised, or charged.

Nor is it material that the attorney who was

consulted does not afterward undertake the

case.

The absence of a written contract will not

preclude a finding that there is a professional

relationship.

The contract may be express or implied.

An acceptance is implied when the attorney

acts in pursuance of a request.

There is an implied contract of professional

employment where an attorney appears on

behalf of a party without the latter

interposing any objection to it.

To establish professional relation, it is

sufficient that the advice and assistance of an

attorney is sought and received in any matter

pertinent to his profession.

If a person consults with an attorney in his

professional capacity with the view of

obtaining professional advice or assistance,

and the attorney voluntarily permits or

acquiesces in such consultation as when he

listens and gives advice, the professional

employment is regarded as established.

Circumstances which do not establish an

attorney client relationship:

o That an attorney for buyer wrote

letters to tenants giving them a period

to exercise their preferential right to

buy the land, that he prepared the

deed of sale in favor of the buyer, and

that he charged the seller the fees for

such services do not make the

attorney the counsel for the seller as

those matters were wrapped up in the

sale, and could have been done as

counsel for the buyer in the

furtherance of the latter’s interests.

o By helping an appellant perfect his

appeal but without entering his

appearance or signing a pleading.

o Signing a pleading for and on behalf of

another counsel of record.

In the absence of a written retainer, the

establishment of the attorney-client

relationship depends upon the circumstances

of the case.

The employment or authority to employ an

attorney need not be proved in writing; such

fact could be inferred from circumstantial

evidence.

The moment complainant approached the

then receptive respondent to seek legal

advice, a veritable lawyer-client relationship

evolved between the two. Such relationship

imposes upon the lawyer certain restrictions

circumscribed by the ethics of the profession.

To keep inviolate, confidential information

acquired or revealed during legal

consultations. The fact that one is not inclined

to handle the client’s case, at the end of the

day, is hardly of consequence. Of little

moment is the fact that no formal

professional engagement follows the

consultation. (Hadjula vs Madianda)

Employment of law firm

The employment of a law firm is equivalent to

the retainer of the member even though only

one of them is consulted.

Conversely, the employment of one member

is generally considered as employment of the

law firm.

When a client employs the services of a law

firm, he employs the entire law firm and not

the lawyer assigned to personally handle the

case.

In the event that the counsel appearing for

the client resigns or dies, the firm is bound to

provide a replacement.

Reason for the rule: Information obtained

from a client by a member of the law firm is

information imparted on the firm.

The member acts in the name and interest of

the firm.

Death of the member does not extinguish the

lawyer-client relationship. The responsibility

to continue representation devolves upon the

remaining lawyers of the firm until they have

withdrawn from the case.

Who can employ an attorney



ralc2011 71

Generally, any person who has the legal

capacity to contract can employ an attorney.

A person suffering from some legal disability

cannot retain a lawyer to appear for him in

court.

Only a general guardian ad litem has the

authority to employ an attorney to represent

a minor or incompetent.

However, the appearance of a lawyer as

authorized by a relative of the minor or

incompetent is intrusive and will have no

effect, except to show the attorney’s good

faith in appearing in court.

An agent clothed by his principal with the

power to deal with the principals’ property or

interest has the authority to engage the

services of an attorney as counsel for the

principal.

The agent’s authority to employ an attorney

for his principal need not be in writing. It may

be inferred from circumstantial evidence.

General Rule: A wife has the authority to

engage the services of counsel even without

her husband’s consent in any of the instances

where she may prosecute or defend an action

without the necessity of joining her husband

as a party litigant.

o Exception: She cannot, however, bind

the conjugal partnership for the

payment of the fees of her lawyer

without the husband’s authority.

o Exception to the exception: In a suit

between her and her husband, which

she is compelled to institute or resist

to protect her rights.

General Rule: In a corporation, only the board

of directors has the authority to employ an

attorney to sue or defend an action for the

corporation as the power to sue and be sued

is lodged in them.

o Exceptions:

Such power to employ an

attorney may be delegated in

favor of any of its corporate

officers, expressly or impliedly.

A single stockholder may

institute a derivative suit on

behalf of a corporation and

employ an attorney for that

purpose.



ralc2011 72

C. ETHICAL NORMS AND RESTRICTIONS

Canon 15. A lawyer shall observe candor,

fairness and loyalty in all his dealings and

transactions with his clients.

Rule 15.01. A lawyer, in conferring with a

prospective client, shall ascertain as soon

as practicable whether the matter would

involve a conflict with another client or his

own interest, and if so, shall forthwith

inform the prospective client.

Rule 15.02. A lawyer shall be bound by

the rule on privileged communication in

respect of matters disclosed to him by a

prospective client.

Rule 15.03. A lawyer shall not represent

conflicting interests except by written

consent of all concerned given after a full

disclosure of the facts.

Rule 15.04. A lawyer may, with the

written consent of all concerned, act as

mediator, conciliator or arbitrator in

settling disputes.

Rule 15.05. A lawyer when advising his

client shall give a candid and honest

opinion on the merits and probable results

of the client’s case, neither overstating

nor understanding the prospects of the

case.

Rule 15.06. A lawyer shall not state or

imply that he is able to influence any

public official, tribunal or legislative body.

Rule 15.07. A lawyer shall impress upon

his client compliance with the laws and

the principles of fairness.

Rule 15.08. A lawyer who is engaged in

another profession or occupation

concurrently with the practice of law shall

make clear to his client whether he is

acting

Generally

A lawyer may only be as successful in the

practice as he has enough paying clientele.

Without clients, a lawyer may not be able to

make a name as a practitioner though how

talented he may be.

On the other hand, a lawyer cannot just

accept any case nor can he employ business

methods to solicit professional employment or

to advertise his talent and skill to attract

prospective clients.

Lawyer shall ascertain possible conflict of

interests


prospective client, shall ascertain as soon as

practicable whether the matter would involve

a conflict with another client or his own

interest, and if so, shall forthwith inform the

prospective client.

It is the duty of a lawyer to disclose and

explain to a prospective client all

circumstances of his relations to the parties,

and any interest in connection with the

controversy, which in his honest judgment,

might influence the client in the selection of a

counsel.

The disclosure is more for the protection of

the lawyer than that of the client.

If a lawyer conceals the fact that the adverse

party used to be his client, the new client

may have reason to suspect, in case of an

unfavorable judgment, that the circumstance

prevented him from the full discharge of his

duty.

Concealment of facts material to employment

may cause his client to lose confidence in

him.

Duty to decline employment

A lawyer should decline professional

employment even though how attractive the

fee may be if its acceptance will involve a

violation of any of the rules of the legal

profession.

After giving advice to a plaintiff concerning a

claim, the lawyer may not thereafter accept

retainer from the defendant to defeat that

claim.

He may not accept employment from another

in a matter adversely affecting any interest of

his former client with respect to which,

confidence has been reposed.

Nor may he handle a case to nullify a contract

which he prepared.



ralc2011 73

He should not accept employment as an

advocate in any matter in which he had

intervened while in the government service.

This canonical injunction is based upon the

necessity that professional integrity and

public confidence in that integrity be

maintained.

He may not accept employment from an

organization to render legal services to

members thereof concerning questions

submitted by the members, the answers to

which are printed for circulation.

He may not accept employment as a

columnist to answer inquiries for advice as to

individual rights through the medium of a

newspaper column.

Nor may he accept employment from a

collection agency which solicits business to

collect its claims.

EXCEPTIONS: Rule 14.03. A lawyer may

refuse to accept representation of an indigent

client if:

o He is not in a position to carry out the

work effectively or competently;

o He labors under a conflict of interests

between him and the prospective

client or between a present client and

the prospective client.

A lawyer shall preserve the secrets of a

prospective client

Rule 15.02. A lawyer shall be bound by the

rule on privileged communication in respect of

matters disclosed to him by a prospective

client.

Matters disclosed by a prospective client to a

lawyer are protected by the rule on privileged

communications even if the prospective client

does not thereafter retain the lawyer or the

lawyer declines the employment.

Reason: To make the prospective client

discuss freely whatever he wishes with the

lawyer without fear that what he discloses will

not be divulged nor used against him and for

the lawyer to be equally free to obtain

information from such prospective client.

Ethical considerations in taking a bad case

“How can a lawyer take a case which he does

not believe in?”

The classical answer to the question is the

familiar dialogue ―Boswell: But what do you

think of supporting a cause which you know

to be bad? Johnson: Sir, you do not know it

to be good or bad till the judge determines

it..

It is his business to judge; and you are not to

be confident in your opinion that a cause is

bad, but to say all you can for your client.‖

A lawyer certainly knows whether a case is

good or bad because it is not only his function

but his duty to find out.

In a criminal action, it is the ―right of the

lawyer to undertake the defense of a person

accused of crime, regardless of his personal

opinion as to the guilt of the accused;

otherwise, innocent persons, victims only of

suspicious circumstances, might be denied

proper defense.‖

It is improper for a lawyer to assert in

argument his personal belief in his client’s

innocence or in the justice of his cause.

In a civil action, the rules and ethics of the

profession enjoin a lawyer from taking a bad

case.

o Firstly, 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.

Counsel who deliberately files an

unsigned pleading, or signs a pleading

in violation of this Rule, or alleges

scandalous or indecent matter therein,

or fails to promptly report to the court

a change of his address, shall be

subject to appropriate disciplinary

action. (Rule 7, Section 3, Rules of

Court)

o Secondly, it is the duty of an attorney:

To counsel or maintain such actions or

proceedings only as appear to him to

be just, and such defenses only as he

believes to be honestly debatable

under the law; (Rule 138, Section 20

(c), Rules of Court)

o Thirdly, it is the duty of an attorney:

Not to encourage either the

commencement or the continuance of

an action or proceeding, or delay any

man's cause, from any corrupt motive



ralc2011 74

or interest; (Rule 138, Section 20

(g), Rules of Court)

o Finally, he ―must decline to conduct a

civil cause or to make a defense when

convinced that it is intended merely to

harass or injure the opposite party or

to work oppression or wrong.‖

If a lawyer were to take a bad civil suit

against a defendant, it will either be to exert

his best efforts toward a compromise or, if

unsuccessful, to advice his client to confess

judgment.

The reason why laymen often ask the ethical

question – how can a lawyer take a case

which he does not believe in? – is due partly

to unfamiliarity with the rules and ethics of

the legal profession and partly to a lack of

appreciation of the rights of an accused.

D. LAWYER MAY NOT REFUSE HIS SERVICES

CANON 14. A lawyer shall not refuse his services to the needy.


represent a person solely on account of the latter’s race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person. Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause, an

appointment as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. Rule 14.03. A lawyer may refuse to accept

representation of an indigent client if:

a. he is not in a position to carry out the work effectively or competently;

b. he labors under a conflict of interests between him and the

prospective client or between a present client and the prospective client.

Rule 14.04. A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.

Lawyer as advocate, generally

The primary task of a lawyer, as an advocate,

is to represent a party litigant in court, either

as counsel for plaintiff or for defendant, or as

a public prosecutor or as defense counsel.

1. General Rule: A private practitioner is

not obligated to act as counsel for any

person who may wish to become his

client. He has the right to decline

employment.

2. Exception: Public prosecutor who

cannot choose cases to prosecute.

Canon 14: Duty of a lawyer to accept

employment insofar as the needy and poor

are concerned. Refusal to accept being made

the exception. Two reasons:

1. The poor and the needy need most the

services of a lawyer but hesitate to

secure such because they cannot

afford to pay or fear refusal for their

inability to compensate the lawyer.

2. IBP objective to make legal services

available for those who need them.

Requires a lawyer should not lightly

decline employment.

A lawyer shall not decline to represent

unpopular clients

Rule 138, sec. 20 (h-i). Duties of attorneys.—

It is the duty of an attorney: (h) Never to

reject, for any consideration personal to

himself, the cause of the defenseless or

oppressed.


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.

Regardless of his personal feelings, a lawyer

should not decline representation just

because a client or a cause is unpopular or

community reaction is adverse.

History is replete with instances of

distinguished and sacrificial services by

lawyers who had represented unpopular

clients and causes, and received accolade for

such services from peers in the bar.

It is his duty not to decline to represent the

accused regardless of his opinion as to his

guilt.



ralc2011 75

The law presumes the accused innocent, and

entitled to acquittal unless his guilt is proved

beyond reasonable doubt. If the rule were

otherwise, innocent persons, victims of

suspicious circumstances, might be denied

proper defense.

A lawyer shall not decline appointment by

the court or by the IBP

The relation of attorney and client may be

created not only by voluntary agreement but

also by appointment as counsel de oficio for a

poor or indigent litigant.

Rule 138, sec. 31 Attorney’s for destitute

litigants.—A court may assign an attorney to

render professional aid free of charge to any

party in a case, if upon investigation it

appears that the party is destitute and unable

to employ an attorney, and that the services

of counsel are necessary to secure the ends

of justice and to protect the rights of the

party. It shall be the duty of the attorney so

assigned to render the required service,

unless he is excused therefrom by the court

for sufficient cause shown.

In a criminal action, the court may appoint a

counsel de oficio in the following instances:

1. Duty of court to inform accused of his

right to counsel.—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. (Rule

116, Sec. 6, Rules of Court)

2. It shall be the duty of the clerk of the

trial court, upon filing 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. (Rule 122, Sec. 13, Rules of

Court)

3. Appointment of counsel de oficio for

the accused.—If it appears from the

record of the case transmitted that

a. the accused is confined in

prison,

b. is without counsel de parte on

appeal, or

c. Has signed the notice of appeal

himself, the clerk of court of

the CA shall designate a

counsel de oficio.

An appellant who is not confined in prison

may, upon request, be assigned a counsel de

oficio within the 10 days from receipt of the

notice to file brief and he establishes his right

thereto by affidavit. (Rule 124, Sec. 2, Rules

of Court)

The court may not assign a counsel de oficio

to defend an accused when he previously

manifested his desire to secure the services

of a counsel de parte. If the court does so, it

violates the defendant’s right to counsel, and

his conviction may be set aside on that

ground. If a counsel de oficio is appointed, he

must protest such appointment.

Where a counsel de oficio has been assigned

to an accused and such counsel has acted

without objection from the accused, the

conviction cannot be set aside on the sole

ground that said counsel was not the choice

of the accused.

Frequent appointment of same counsel

discouraged

The burden of regular practice and the

possibility of compensation as counsel de

oficio as a regular source of income should

caution a court from frequently appointing the

same lawyer.

The overburdened counsel may have too little

time to spare for his de oficio cases or may be

eager to finish such cases to be able to collect

his fees within the earliest possible time.

The accused stands to suffer, denied effective

assistance.

A lawyer may refuse to represent indigent

on valid grounds

GENERAL RULE: A lawyer is not obliged to act

as counsel for any person who may wish to



ralc2011 76

become his client. He has the right to decline

employment.

EXCEPTIONS:

1. A lawyer shall not refuse his services to

the needy or indigent.

2. He 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. (Canon 14, Rule 14.01)

3. If there is serious and sufficient cause, an

appointment as counsel de oficio or as

amici curiae, or a request from the

Integrated Bar of the Philippines or any of

its chapters for rendition of free legal aid.

(Canon 14, Rule 14.02)

A government lawyer called upon to represent

the government, any agency, or any officer in

his official capacity either as plaintiff or

defendant in a case, may not generally

decline the assignment.

o Exception: He is disqualified to act as

counsel.

The Solicitor General is the principal law

officer and legal defender of the Government.

o Has discretion in choosing whether to

prosecute or not, or to abandon a

prosecution already started.

o To take a position adverse to the

people of the Philippines in a criminal

case or to that of a government

agency or official when he believes

that justice will be served by taking a

different stand.

o But cannot refrain from performing his

duty as lawyer of the government.

o Mandamus will lie to compel him to

perform if refusal is based on flimsy

grounds.

A lawyer shall observe the same standard

for all clients

Rule 14.04. A lawyer who accepts the cause

of a person unable to pay his professional

fees shall observe the same standard of

conduct governing his relations with paying

clients.

The purpose of the legal profession is to

render public service and secure justice for

those who seek its aid.

The gaining of a livelihood is only a secondary

consideration.

Amount of attorney’s fees or client’s financial

capability to pay should not serve as a test to

determine the extent of the lawyer’s devotion

to his client’s cause.



ralc2011 77

CHAPTER 7 – LAWYER’S

DUTIES IN HANDLING

CLIENT’S CAUSE

Canon 15. A lawyer shall observe candor,

fairness and loyalty in all his dealings and

transactions with his clients.


prospective client, shall ascertain as soon

as practicable whether the matter would

involve a conflict with another client or his

own interest, and if so, shall forthwith

inform the prospective client.

Rule 15.02. A lawyer shall be bound by

the rule on privileged communication in

respect of matters disclosed to him by a

prospective client.

Rule 15.03. A lawyer shall not represent

conflicting interests except by written

consent of all concerned given after a full

disclosure of the facts.

Rule 15.04. A lawyer may, with the

written consent of all concerned, act as

mediator, conciliator or arbitrator in

settling disputes.


client shall give a candid and honest

opinion on the merits and probable results

of the client’s case, neither overstating

nor understanding the prospects of the

case.

Rule 15.06. A lawyer shall not state or

imply that he is able to influence any

public official, tribunal or legislative body.

Rule 15.07. A lawyer shall impress upon

his client compliance with the laws and

the principles of fairness.

Rule 15.08. A lawyer who is engaged in

another profession or occupation

concurrently with the practice of law shall

make clear to his client whether he is

acting as a lawyer or in another capacity.

A. ENTIRE DEVOTION WITHIN THE LAW

Generally

No lawyer is obliged to act as advocate for

every person who may wish to secure his

services. He has the right to decline

employment.

No fear of judicial disfavor or public

unpopularity should restrain him from the full

discharge of his duty.

In the judicial forum, the client is entitled to

the benefit of any and every remedy and

defense that is authorized by law, and he may

expect his lawyer to assert every such

remedy or defense.

Once he agrees to take up the cause of a

client, the lawyer owes fidelity to such cause

and must always be mindful of the trust and

confidence reposed in him.

He must serve the client with competence

and diligence, and champion the latter’s

cause with whole-hearted fidelity, care, and

devotion.

A lawyer who performs his duty with diligence

and candor not only protects the interest of

his client; he also serves the ends of justice,

does honor to the bar, and helps maintain the

respect of the community to the legal

profession. (Aromin v. Atty. Boncavil)

Every case a lawyer accepts deserves his full

attention, diligence, skill, and competence

regardless of its importance and whether he

accepts it for a fee or free. Certainly, a

member of the Bar who is worth his title

cannot afford to practice the profession in a

lackadaisical fashion. A lawyer’s lethargy is

both unprofessional and unethical (Jardin v.

Atty. Villar)

The court as guardian of the legal profession

expects a lawyer to employ all the energies at

his command. It demands of him the most

scrupulous performance of his duty.

Negligence thereof will cause delay in the

administration of justice or prejudice the

litigant’s rights.



ralc2011 78

Public interest requires that an attorney exert

his best efforts in the prosecution or defense

of his client’s cause.

A lawyer shall perform duty within the law

Rule 15.07. A lawyer shall impress upon his

client compliance with the laws and the

principles of fairness.

Duties of attorneys. - It is the duty of an

attorney: (c) To counsel or maintain such

actions or proceedings only as appear to him

to be just, and such defenses only as he

believes to be honestly debatable under the

law. (Rule 138, Sec. 20, Rules of Court)

Duty to secure for the client, through

honorable means, only what is justly due him.

A lawyer is required to represent his client

within the bounds of the law. The CPR enjoins

him to employ only fair and honest means to

attain the lawful objectives of his client and

warns him not to allow his client to dictate

procedure in handling the case. He may use

arguable construction of the law or rules

which are favorable to his client. But he is not

allowed to knowingly advance a claim or

defense that is unwarranted under existing

law.

The trust confided to an attorney must be

performed within the bounds of law.

His office does not permit violation of law or

any manner of fraud or chicanery.

He swore, upon his admission to the practice,

to uphold the cause of justice, obey the law,

and do no falsehood.

There is nothing in the duty to a client which

makes it necessary for a lawyer to swear to

that which is false, to disregard the truth and

defy the clear purpose of the law, or to obtain

for his client something to which he is not

justly and fairly entitled.

To permit lawyers to resort to unscrupulous

practices for the protection of the supposed

rights of their clients is to defeat the

administration of justice.

When rendering any improper service or

advice, the lawyer invites stern and just

condemnation.

He must also observe and advise his client to

observe the statute law, though until a

statute shall have been construed and

interpreted by competent jurisdiction, he is

free and is entitled to advice as to its validity

and as to what he conscientiously believes to

its just meaning and extent.

But above all a lawyer will find his highest

honor in a deserved reputation for fidelity to

private trust and to public duty, as an honest

man and as a patriotic and loyal citizen.

A lawyer shall give candid advice on merits

of case

A lawyer should endeavor to obtain full

knowledge of his client's cause before

advising thereon.


client shall give a candid and honest opinion

on the merits and probable results of the

client’s case, neither overstating nor

understanding the prospects of the case.

It is incumbent upon a lawyer to give his

client an honest opinion on the probable

results of the case, with the end vie of

promoting respect for the law and legal

processes.

As officers of the court, counsels are under

obligation to advice their clients against

making untenable and inconsistent claims.

If a lawyer finds his client’s contemplated civil

suit totally devoid of merit or wholly

defenseless, he should inform his client and

dissuade him from filing or to compromise

rather than traverse the incontrovertible.

If, on the other hand, he finds that his client’s

cause is fairly meritorious and ripe for judicial

adjudication, he should refrain from making

bold and confident assurances of success.

Rule 15.06. A lawyer shall not state or imply

that he is able to influence any public official,

tribunal or legislative body.

The miscarriages to which justice is subject,

by reason of surprises and disappointments in

evidence and witnesses, through mistakes

and errors of courts, even though only

occasional, admonish lawyers to beware of

bold and confident assurances to clients,



ralc2011 79

especially where the employment may

depend upon such assurance.

Duty to comply with client’s lawful request

A lawyer should endeavor to seek instruction

from his client on any substantial matter

concerning the litigation, which may require

decision on the part of the client, such as

whether to compromise the case or to appeal

an unfavorable judgment.

He should give his client sound advice on any

similar matters and comply with the client’s

lawful instructions.

He should resist and should never follow any

unlawful instruction of his client.

In matters of law, it is the client who should

yield to the lawyer.

Rule 19.03. A lawyer shall not allow his

client to dictate the procedure in handling the

case.

He should not act like an errand boy at the

beck and call of his client, ready and eager to

do his bidding.

He must obey his own conscience and not

that of his client.

The responsibility for advising as to

questionable defenses is the lawyer's

responsibility. He cannot escape it but urging

as an excuse that he is only following his

client's instructions.

A lawyer who files a pleading which contains

contemptuous allegations cannot evade

responsibility by saying that he is merely the

―mouthpiece‖ of his client and that his client

verified the same.

He is not just an instrument of his client.

While he owes devotion to him, he cannot

overstep the bounds set by his responsibility

as a lawyer. For his duty to the court is not

secondary to that of his client.

As to incidental matters pending trial, not

affecting the merits of the cause, or working

substantial prejudice to the rights of the

client, such as forcing the opposite lawyer to

trial when he is under affliction or

bereavement; forcing the trial on a particular

day to the injury of the opposite lawyer when

no harm will result from a trial at different

time; agreeing to an extension of time for

signing a bill of exceptions, cross

interrogatories and the like

No client has a right to demand that his

counsel shall be illiberal, or that he does

anything therein repugnant to his own sense

of honor and propriety.

Duty to restrain client from impropriety

A lawyer should use his best efforts to

restrain and to prevent his clients from doing

those things which the lawyer himself ought

not to do, particularly with reference to their

conduct towards courts, judicial officers,

jurors, witnesses and suitors. If a client

persists in such wrongdoings the lawyer

should terminate their relation.

A lawyer shall not undertake influence-

peddling

Rule 15.06. A lawyer shall not state or imply

that he is able to influence any public official,

tribunal or legislative body.

Influence peddling is highly unethical and

may constitute violation of the Anti-Graft and

Corrupt practices Act.

B. EMPLOYMENT OF HONORABLE MEANS

Duty to employ honorable means only

Rule 19.01. A lawyer shall employ only fair

and honest means to attain the lawful

objectives of his client and shall not present,

participate in presenting or threaten to

present unfounded criminal charges to obtain

an improper advantage in any case or

proceeding.

Rule 138, Sec. 20(d). Duties of attorneys.—

It is the duty of an attorney: (d) To employ,

for the purpose of maintaining the causes

confided to him, such means only as are

consistent with truth and honor, and never

seek to mislead the judge or any judicial



ralc2011 80

officer by an artifice or false statement of fact

or law.

(c) To counsel or maintain such actions or

proceedings only as appear to him to be just,

and such defenses only as he believes to be

honestly debatable under the law;

(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;


argument his personal belief in his client's

innocence or in the justice of his cause.

1. The lawyer’s personal belief has no

real bearing on the case.

2. If expression of belief were permitted,

it would give improper advantage to

the older and better known lawyer

whose opinion would carry more

weight.

3. If such were permitted, omission to

make such assertion might be taken

as an admission of the lack of belief in

the soundness of his client’s cause.

Technical defense

Some defenses, when employed to defeat

clearly valid claims, may raise questions

of propriety.

Some hold the view that the defenses of

infancy or lack of capacity to be sued,

statute of frauds, and statute of

limitations may not, in the absence of

some other defense, be properly raised to

frustrate honest and just demands.

Much can be said against the soundness of

that view.

The fact that those defenses have been

provided by law shows that a litigant may

avail of them and his counsel may assert

and make them effective.

The statute of fraud is designed to prevent

fraud and the law denies relief to a party

who sleeps on his rights.

The negative defense of lack of knowledge

or information as permitted by the rules

must be availed of with sincerity and in

good faith. It must not be employed to

delay the litigation.

Prosecuting or defending matrimonial

cases

Civil Code, Art. 52. Marriage is not a mere

contract but an inviolable social

institution.

Civil Code, Art. 88. No judgment annulling

a marriage shall be promulgated upon a

stipulation of facts or by confession of

judgment.

Civil Code, Art. 101. No decree of legal

separation shall be promulgated upon a

stipulation of facts or by confession of

judgment.

Art. 222. No suit shall be filed or

maintained between members of the same

family unless it should appear that earnest

efforts toward a compromise have been

made.

In annulment and legal separation

proceedings, the circumstance that the

State is vitally interested in the

maintenance of the marriage relation does

not make improper the lawyer’s

appearance in securing for his client what

is due him under the law.

What is unethical is the lawyer’s

participation in any collusion between the

parties such as:

o By encouraging the commission of

a matrimonial offense.

o Fabricating evidence of such

offense not actually committed.

o Suppressing evidence of a valid

defense.

A lawyer should also avoid any act which

may raise suspicion of collusion.

A lawyer should always incline the scale of

his decision in favor of that solution which

will serve best all his loyalties, by

declining the professional employment or

terminating a professional relationship.

A lawyer shall rectify client’s fraud

Rule 19.02 A lawyer who has received

information that his client has, in the course

of the representation, perpetuated a fraud

upon a person or tribunal, shall promptly call

upon the client to rectify the same, and failing

which he shall terminate the relationship with

such client in accordance with the Rules of

Court.



ralc2011 81

When a lawyer discovers that some fraud or

deception has been practiced, which was

unjustly imposed upon the court or party, he

should endeavor to rectify it; at first by

advising his client, and if his client refuses to

forego the advantage thus unjustly gained, he

should promptly inform the injured person or

his counsel, so that they may take

appropriate steps. (Canon 41, Code of

Professional Ethics)

Canon 41 may collide with the lawyer’s duty

to keep the client’s confidence inviolate,

which may be the reason why the Code of

Professional Responsibility merely requires

the lawyer to terminate his relationship with

the client in the event the latter fails or

refuses to rectify the fraud.

C. WHAT ARE REQUIRED TO PROTECT

CLIENT’S INTERESTS

Generally

Canon 18. A lawyer shall serve his client with

competence and diligence.

By accepting a retainer, a lawyer impliedly

represents that:

a. He possesses requisite degree of

learning, skill, ability which is

necessary to the practice of his

profession and which other similarly

situated possess;

b. He will exert his best judgment in the

prosecution or defense of the litigation

entrusted to him;

c. He will exercise reasonable and

ordinary care and diligence in the use

of his skill and in the application of his

knowledge to his client’s cause;

d. He will take such steps as will

adequately safeguard his client’s

interest. A client may reasonably

expect that counsel will make good his

representations.

Rule 18.03. A lawyer shall not neglect a

legal matter entrusted to him, and his

negligence in connection therewith shall

render him liable.

A lawyer who delayed filing an action to

revive a judgment and thereafter filed a

defective complaint that it did not suspend

the prescriptive period to file an action

betrayed his client’s trust and did not

champion his cause.

Duration and extent of a lawyer’s duty to

safeguard client’s interest

The attorney’s duty to safeguard the client’s

interest commences from his retainer until his

effective release from the case.

During that period, he is expected to take

such reasonable steps and such ordinary care

as his client’s interests may require.

The failure of his client to pay him his fees

does not warrant his abandoning the case.

A lawyer shall render service only when

qualified to do so

Rule 18.01. A lawyer shall not undertake a

legal service which he knows or should know

that he is not qualified to render. However he

may render such service if, with the consent

of his client, he can obtain as collaborating

counsel a lawyer who is competent on the

matter.

A lawyer shall not handle a case without

adequate preparation

Rule 18.02. A lawyer shall not handle any

legal matter without adequate preparation.

Lawyer should safeguard his client’s rights

and interests by:

1. Thorough study and preparation;

2. Mastering applicable law and facts

involved in a case, regardless of the

nature of the assignment; and

3. Keeping constantly abreast of the

latest jurisprudence and developments

in all branches of the law.

Inadequate preparation spawns adverse

effects that go far beyond the personal

interest of the client.

When the merits of one side of a case are not

properly presented because of inadequate

legal presentation, the court may be misled

by looking at the case in an uneven light.

Careless preparation may cast doubt upon the

lawyer’s intellectual honesty.



ralc2011 82

Thorough study and preparation will not

ensure winning the litigation, but there is

deep satisfaction of having lost a case but

won the esteem and respect of his client and

the approbation of the court in the manner he

espoused his client’s cause with skill,

diligence, ability, and candor.

Preparation of pleadings

A lawyer’s pleading:

o Shows the extent of his study and

preparation;

o Articulates his ideas as an officer of

the court;

o Mirrors his personality and reflects his

conduct and attitude toward the court,

the opposing party and his counsel.

o Is a document embodying the result of

his work and furnishing the basis on

which to judge his competence.

All of the above considerations emphasize the

need for utmost care in the preparation of a

pleading.

A pleader should bear in mind the substantive

and procedural requirements of the pleading

to be filed in the court.

He should not suppress or distort material

and vital facts nor omit relevant documents

which bear on the merit or lack of merit of his

petition.

Honesty toward the court to enable it to

better appraise its merit or deficiency.

The Rules of Court prescribe the procedural

requirements, such as in the verification and

in the certification against forum shopping.

Rule 7, Sec. 4., Rules of Court: Verification.

Except when otherwise specifically required

by law or rule, pleadings need not be under

oath, verified or accompanied by affidavit.

A pleading is verified by an affidavit that the

affiant has read the pleading and that the

allegations therein are true and correct of his

knowledge and belief.

In the verified certification against forum

shopping, it is signed only by the party

himself and not his lawyer, and it may only be

executed by a corporate officer who has been

duly authorized by its board of directors. If

there are two or more parties, all of them

should sign.

o Except:

When one has been duly

authorized to do so by his co-

party.

Where the petitioners are

husband and wife involving

their property, in which case

only one of them may sign.

In verifying a pleading, the certification of the

notary public must state that the affiant

personally appeared before him, that the

affiant is personally known to the notary

public or that the affiant exhibited to him an

official identification issued by a government

agency showing his picture and signature. As

required by the notarial law and rule issued

by the Supreme Court.

If a lawyer fails to comply with these

requirements, the complaint may be

dismissed or his client may lose the case.

―The client is bound by the action of his

counsel, as well as by his mistake or

negligence,‖ and may even subject the lawyer

to disciplinary action.

Interviewing witnesses

A lawyer may interview a witness in advance

of trial to guide him in the management of

litigation.

A witness is the human instrumentality

through which the law and the judges and

lawyers, endeavor to ascertain the truth and

to dispense justice to the contending parties.

An attorney violates no ethical rule when he

ascertains from a witness what the latter

know and does not know about the facts in

controversy.

What is unethical is to tell the witness to say

something which is false.

A lawyer may properly interview any witness

or prospective witness for the opposing side

in any civil or criminal action without the

consent of opposing counsel or party. In

doing so, however, he should scrupulously

avoid any suggestion calculated to induce the

witness to suppress or deviate from the truth,

or in any degree to affect his free and



ralc2011 83

untrammeled conduct when appearing at the

trial or on the witness stand.

A lawyer may properly obtain statements

from witnesses whose names were furnished

by the opposing counsel or interview the

employees of the opposing party even though

they are under subpoena to appear as

witnesses for the opposite side.

If after trial resulting in defendant’s

conviction, his counsel has been advised that

a prosecution witness committed perjury, it is

the lawyer’s duty to endeavor honorably to

obtain such witness’ retraction.

An adverse party, though he may be used as

a witness, is not a witness within the meaning

of the rule permitting a lawyer to interview

the witness of the opposing party.

A lawyer should 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.

What to do in case of conflict of trial dates

Two or more cases set for trial in different

courts and on the same date without the

lawyer’s previous knowledge should ask for

postponement of the latter cases as he should

not give undue preference for the work in one

against the other.

o Except: In favor of that case wherein

the court has served warning in view

of previous repeated postponements

Motion for postponement should be presented

at such time as practicable to prevent the

adverse party from coming to court with his

witnesses on the date of trial as to spare

unnecessary expense.

A lawyer should not assume that his motion

for postponement will be granted even if the

adverse party conforms since the court is not

bound thereby.

When the motion for postponement has been

denied or the case has been set for trial for

the last time, the lawyer must take

precautionary measures such as notifying the

court or asking his clients to secure the

services of another lawyer or requesting

another attorney to appear for him.

Adoption of a system to insure receipt of

mails

Rule 13, Sec. 10. Rules of Court

Completeness of service.

Service by ordinary mail is complete upon the

expiration of ten (10) days after mailing,

unless the court otherwise provides.

Service by registered mail is complete upon

actual receipt by the addressee, or after five

(5) days from the date he received the first

notice of the postmaster, whichever date is

earlier.

This rule imposes upon a lawyer the duty to

maintain a system that will insure his prompt

receipt of notices and communications sent to

him by mail at his address of record.

The failure or refusal of a lawyer to claim

registered mails addressed to him may prove

prejudicial to his client’s interests, as when as

a consequence thereof, he fails to attend a

hearing, to file a responsive pleading on time,

pay the docket fee, or appeal an adverse

judgment.

Circumstances that will not warrant reopening

of the litigation nor prevent the service by

registered mail from being effective after 5

days’ notice:

1. That a lawyer could not afford to hire a

regular clerk to claim his mail.

2. That his clerk failed to call his

attention to it.

3. That the demands of his work required

him to be in different places.

4. That he changed his address without

notice to the court thereof.

Notice of change of address

Without his address being recorded in the

case, a lawyer will not be entitled to be

served with judicial notice.

Without informing the court in writing of such

change, a notice served at the attorney’s

original address is binding upon the client.

Insofar as the court is concerned, the last

address on record is the place where all

notices shall be served until the court is

officially informed to the contrary.

Notice of death of client

Rule 3, Sec. 16. Rules of Court: Death of

party; duty of counsel:



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Whenever a party to a pending action dies,

and the claim is not thereby extinguished, it

shall be duty of his client to inform the court

within 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.

The legal representatives can be substituted

as parties.

The failure of giving such notice binds his

client as well as the heirs of any judgment.

The court does not take judicial notice of the

death of a party and will render decision as if

the party is alive.

Requiring clerk of court to do his duty

Rule 20, Section 1. Rules of Court: Calendar

of cases.

The clerk of court, under the direct

supervision of the judge, shall keep a

calendar of cases for pre-trial, for trial, those

whose trials were adjourned or postponed,

and those with motions to set for hearing.

If the clerk of court is negligent, it is the

lawyer’s duty to call the attention of the court

to that fact so that the administration of

justice will not suffer any delay.

While an appellant may expect the clerk of

court to do his duty, it does not discharge the

counsel from the responsibility of seeing that

the record on appeal and evidence are

elevated to the appellate court.

Duty to keep client fully informed

Duty to advise promptly the client of any

important information.

Notify client of an adverse decision within the

period to appeal to enable the client to decide

whether to seek appellate review.

Keeping the client fully informed of important

developments of his case will minimize

occasions for misunderstanding or loss of

trust and confidence.

The client should not, however, sit idly by. It

is also the client’s duty to make proper

inquiries from his counsel concerning his

case.

What is required when moving from time to

file pleading or to postpone hearing

Pressure of work or some unavoidable

reasons may constrain a lawyer to file a

motion for extension of time to file pleadings.

A lawyer should not assume that such motion

will be granted.

A lawyer should inquire from the clerk of

court the court’s action thereon.

He runs the risk of time running out on him.

Where a motion for extension has remained

unacted, the least that is expected of a

lawyer in the meanwhile is to file it within the

time asked for.

When there is failure after the lapse of the

period, he should nonetheless file it with a

motion for leave to admit it, stating the

reasons for the delay.

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.

Rule 12.04. A lawyer shall not unduly delay

a case, impede the execution of a judgment

or misuse court processes.

The court frowns upon the lawyers’ practice of

repeatedly seeking extensions and thereafter

simply letting the period lapse without

submitting any pleading or even explanation

for their failure.

Postponement is not a matter of right but of

sound judicial discretion.

Diligence in handling case

A lawyer must exercise ordinary diligence or

that reasonable degree of care and skill

having reference to the character of the

business he undertakes to do.

He is not, however, bound to exercise

extraordinary diligence.

What amounts to carelessness or negligence

depends upon the circumstances of the case.

There is want of diligence where:

1. The lawyer failed, without sufficient

justification, to bring an action

immediately.

2. Failure to file the answer to the

complaint within the reglementary

period.

3. Failure to notify his client of the date

of the hearing.



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4. Failure to attend the scheduled pre-

trial conference or hearing.

5. Failure to prosecute the action for a

reasonable period.

6. Failure to inform the client of an

adverse judgment within the

reglementary period to appeal.

7. Failure to take steps to have the

adverse decision reconsidered or

appealed.

8. Failure to ascertain the correct date of

receipt of the decision.

9. Failure to acquaint himself with what

has happened to the litigation.

10. Failure to pay the docket fee on

appeal.

11. Failure to claim judicial notices sent to

him by mail.

12. Failure to file the appellant’s brief.

A new counsel, who enters his appearance in

midstream, has the duty not only to

thoroughly study the case but also to inquire

as to the status of the case. Failure to do so

prevents him from taking required steps and

may adversely affect his client’s interests.

Rule 18, Sec. 4, Rules of Court: Appearance

of Parties.

It shall be the duty of the parties and their

counsel to appear at the pre-trial.

The non-appearance of a party may be

excused only if a valid cause is shown

therefor or if a representative shall appear in

his behalf fully authorized in writing to enter

into an amicable settlement, to submit to

alternative modes of dispute resolution, and

to enter into stipulations or admissions of

facts and of documents.

Pressure and large volume of legal work

provide no excuse for the lawyer’s inability to

exercise due diligence in the performance of

his duty to take the necessary legal steps to

protect his client’s interest.

A lawyer who finds it impracticable to

continue representing a client should inform

the latter of his predicament and ask that he

be allowed to withdraw from the case to

enable the client to engage the services of

another counsel who can study the situation

and work out a solution.

Where the client refuses to cooperate or is

nowhere to be found, a lawyer should ask

that he be discharged or should apply to the

court that he be released.

Retirement from the case should be made on

record. His impending release from

professional obligation does not excuse him

from the non-performance thereof.

D. STANDARD OF DUTY IN CRIMINAL

ACTIONS

Duty to render effective legal service

The lawyer must decline to conduct a civil

cause or to make a defense when convicted

that it is intended merely to harass or to

injure the opposite party or to work

oppression or wrong.

It is the right of the lawyer to undertake the

defense of a person accused of crime,

regardless of his personal opinion as to the

guilt of the accused.

The right of an accused to counsel finds

substance in the performance by the lawyer

of his sworn duty of fidelity to his client. It

means an efficient and truly decisive legal

assistance and not simply a perfunctory

representation.

Rule 138, Sec. 20 (i) In the defense of a

person accused of crime, by all fair and

honorable means, regardless of his personal

opinion as to the guilt of the accused, to

present every defense that the law permits,

to the end that no person may be deprived of

life or liberty, but by due process of law.

A lawyer may not cause the transfer, through

misrepresentation, of a case pending in one

sala to another of the same court without the

knowledge and consent of the judge taking

cognizance of said case for the purpose of

obtaining from the second sala a more

satisfactory remedy.

A lawyer, in seeking reversal of a lower

court’s conviction of his client, may not

attribute to the trial judge personal motives

or attacking him acrimoniously behind his

back in his appeal brief.

The interest of the public requires that every

verdict be rendered only upon the issues

raised and evidence presented, uninfluenced



ralc2011 86

by pleas of counsel to passion, prejudice, or

distorted sense of justice.

It is a disgrace to the bar and an affront to

the court for a lawyer to plead that, on behalf

of an accused charged with killing a person

for monetary consideration, that his accused

client was a ―poor, ignorant man blinded by

the promise of wealth,‖ and it was too great a

temptation to resist.


argument his personal belief in his client's

innocence or in the justice of his cause. The

lawyer is bound, by all fair and honorable

means, to present every defense that the law

of the land permits, to the end that no person

may be deprived of life or liberty but by due

process of law.

What is required of counsel de oficio

He is expected to render effective service and

to exert his best efforts on behalf of an

indigent accused.

He has the bounden duty to exert utmost

efforts to defend his client and protect his

rights, no matter how guilty or evil he

appears to be.

The performance of his duty is all the more

imperative because the life of the accused

hangs in the balance.

He failed in the performance of such duty as

counsel for the accused:

o Where he refused to cross-examine

the offended party in a rape case

because he believed she was telling

the truth and did not present evidence

for the accused.

o Where barely days after accused client

pleaded ―not guilty‖ he filed a

manifestation in open court that his

client was changing his plea to that of

―guilty.‖

The court requires strict accountability in the

performance of a lawyer’s duty to the

impoverished client.

A counsel de oficio ought not to ask to be

excused from his responsibility for any trivial

reason.

Nor does his appointment as an election

registrar justify his release from his

responsibility as counsel de oficio unless on

valid grounds.

Duty of defense counsel when accused

intends to plead guilty

Plea of guilty: An admission by the accused of

his guilt of a crime as charged in the

information and of the truth of the facts

alleged, including the qualifying and

aggravating circumstances.

The imposition of sentence proceeds from a

plea that is truthful and made voluntarily by

the accused with full awareness of its

consequences and of his rights.

It is the duty of defense counsel when his

client desires to enter a plea of guilty, to:

1. Fully acquaint himself with the records

and surrounding circumstances of the

case;

2. Confer with the accused and obtain

from him his account of what had

happened;

3. Advise him of his constitutional rights;

4. Thoroughly explain to him the import

of a guilty plea and the inevitable

conviction that will follow; and

5. See to it that the prescribed procedure

which experience has shown to be

necessary to the administration of

justice is strictly followed and

disclosed in the court records.

In grave offenses, after the plea of guilty, the

prudent and proper course to follow is for the

trial court to require the taking of testimony

of the accused so as to establish the precise

degree of his culpability and leave no room

for doubt that there is no mistake or

misunderstanding as to the nature of the

charges.

The review by the Supreme Court of a lower

court’s judgment would permit judicial inquiry

as to the extent a defense counsel has

performed his duty to an accused who

pleaded guilty to a capital offense and would

minimize the denial of an accused’s right to

an effective assistance of counsel.

Taking of testimony after a plea of guilty

could also prevent the imposition of an

incorrect penalty.

The guilty plea system is not conducive to a

sound attorney-client relationship.

It has been asserted that there are some

―professional writrunners and pleaders‖ –

lawyers who handle large volume of cases for



ralc2011 87

less than spectacular fees by advising,

influencing, cajoling, or even coercing clients

to plead guilty, irrespective of their guilt or

innocence.

A lawyer who has been thrice appointed

counsel de oficio, cautions the courts from

frequently appointing the same attorney to

prevent the possibility of having the

compensation for services rendered as a

regular source of income, as the counsel

might be inordinately eager to finish the

cases to be able to collect his fees at the

earliest possible time.

And the quickest and easiest way to

accomplish that purpose is to ask an accused

to plead guilty even when counsel knows his

client did not commit the offense.

The guilty plea system puts even the most

reputable lawyer into a trying situation.

Where a guilty plea would be an advantage in

view of the evidence of guilt and the

prosecutions’ offer to charge him with a lesser

offense, notwithstanding the accused insisting

his innocence.

If he were to advise his client to enter a plea

of not guilty, he may be less than true to his

duty of extending the best legal assistance to

the accused.

On the other hand, if he were to advise a

guilty plea to the lesser offense, a problem

arises as to the correctness of the step taken

especially when evidence is adduced, the

accused appears to be innocent.

There appears to be no immediate solution in

sight to the ethical and economic problems

posed by the guilty plea system.

Such problems underscore the need for a

defense counsel to be conscientious and

diligent in the discharge of his duties to the

accused.

E. CONSEQUENCES OF FAILURE TO

PERFORM DUTIES

Generally

Failure of the lawyer may render him

administratively liable, which may be a

reprimand, warning, suspension from the

practice of law, and even disbarment

depending upon the circumstances and

prejudice caused to the client.

Consequences to a client for lawyer’s breach

of trust

The client may lose his case due to the

negligence or misconduct of his counsel

because the client is generally bound by his

lawyer’s omission or mistake.