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LEGAL ETHICS
Preliminary
- Legal ethics – branch of moral science which treats of the duties
which an attorney owes to the court, client, colleagues in
profession and to the public as embodied in the constitution, rules
of court, code of professional responsibility, canons of
professional ethics, jurisprudence, moral and special laws.
- Significance of legal ethics
o To guard against the abuses and ills of profession such as
dishonesty, deceit, immorality, negligence, slothness, lack of
diligence, and many other malpractice of members of the
Bar.
o Raise the standard of the legal profession, encourage and
enhance the respect for law, assure effective and efficient
administration of justice, assist in keeping and maintenance
of law and order in coordination with the other departments
of the government.
o Basis for weeding out of the unfit and the misfit in the legal
profession for the protection of the public.
- Bases of legal ethics
1. Canons of professional ethics – framed by American bar
association in 1908, adopted in 1917, revised and adopted in
1946
2. SC Decisions
3. Statutes- NCC, RPC, etc.
4. Constitution – Art VIII section 5
5. Treatise and publication
6. Code of Professional responsibility – present basis initially
drafted in 1980 by IBP Committee on Responsibility,
Discipline and Disbarment chaired by Dean Irene Cortes.
Promulgated by SC in June 21 1988. Importance are:
a. Provided legal profession an impression of identity and
sense of independence attuned to local traditions,
practices and customs in the country.
b. Emancipation from foreign canons
- Definition of terms
 Bar – whole body of attorneys and counselors, collectively
the members of legal profession
 Bench – whole body of judges
 Bar admission – act by which one is licensed to practice
before courts of a particular state or jurisdiction after
satisfying certain requirements
 Lawyer – general term for a person trained in the law and
authorized to advise or represent others in legal matters
 Trial lawyer – lawyer who personally handles cases in court,
administrative agencies or boards which means engaging in
actual trial work either for the prosecution or defense
 Practising lawyer engaged in practice of law, any activity in
and out of court which requires application of law, legal
procedure, knowledge, training and experience.
 Client – one who engages the services of the lawyer for legal
advice or purposes of defending a suit in his behalf and
usually for a fee
 Attorney-at-law- class of persons licensed officers of courts,
empowered to appear, prosecute, and defend and upon
whom peculiar duties, responsibilities, and liabilities are
developed by law as a consequence.
Alawi vs Alauya
Facts:
- Alauya is incumbent executive clerk of 4th judicial
shari’a district in Marawi
- Sophia Alawi filed a complaint seeking dismissal of
Alauya due to the latter’s malicious and libelous
charges as contained in letters to EB Villarosa and
Company. Alauya affixed in this signature, Atty.
Issue: As officer of Shari’a court, is he entitled to use Atty?
Ruling:
- No. Person who passes the Shari’a court is not a full-
fledged member of Philippine bar.
- He may only practice in Shari’a courts and entitled with
counselor-at-law
- Ratiocination, valid or not (even if it provides confusion
other connotation), does not warrant the use of title of
attorney.
In re: Garcia
Facts:
- Arturo Garcia, Filipino citizen, finished law course in
Spain and was allowed to practice. He filed petition to
practice the profession in the Philippines without
passing the required exams
Issue: Can Garcia be allowed?
Ruling:
- Petition was denied.
- Cannot invoke the Treaty on Academic Degrees and
the exercise of professions between RP and Spain. The
treaty is for Filipinos to practice in Spain and Spanish to
practice in Phil. Garcia is a Filipino to practice in the
Philippines. Hence, he is subject to the laws of his own
country.
- Cannot invoke the Treaty since it is still subject to the
laws and regulations of the state. Hence, passing the
necessary exams is needed
- Treaty does not intend to modify the laws and
regulations governing admission to practice of law as it
will amount to encroachment of the executive of the
prerogative of judiciary (SC)
 Attorney-in-fact – agent whose authority is strictly limited by
the instrument appointing him, including those things which
authority is implied. It is provided in SPA or GPA or letter of
attorney. It is not necessarily a lawyer
 Counsel de oficio – appointed by court from among members
of bar in good standing who, by reason of experience and
ability, may adequately defend the accused. It needs not to
be a lawyer.
 Attorney ad hoc – person named and appointed by court to
defend an absentee defendant
 Attorney of record – Name to appear in permanent records,
files, pleadings. He filed notice of appearance and formally
mentioned in court records as official attorney of the party.
He often cannot withdraw without the permission of court
 Of counsel – associate attorneys
 Lead counsel – charged with principal management and
direction of party’s case
 House counsel – employee of business in which he acts as an
attorney not as an independent lawyer.
 Amicus Curiae – A friend of the court. Person with strong
interest in or views on the subject matter of action but not a
party to the action, may ask permission to file briefs
 Amicus Curiae Par Excellence – Bar associations who appear
in court as amici curiaes or friend of court. They cannot file
pleadings and no control over the suit. They are consultant to
guide the court in a doubtful questions or issues.
 Bar association – IBP is compulsory
 Advocate – lawyer, learned in law and duly admitted to
practice law, who pleads on behalf of someone else.
 Solicitor – Government lawyer attached with the office of Sol
Gen
 Titulo de Abugado – not only academic degree of Bachelor of
Laws but membership in the Bar
Admission to Practice Law
- Constitutional power to admit candidates to legal profession,
vested in Supreme Court (judicial function) – 1987 Constitution,
Art VIII, Section 5(5)
- Court acts through Bar Examination Committee, 1 chairman, 8
examiners of 8 Bar subjects.
- Basic requirements – Section 2, Rule 138 RRC
1. Citizen of the Philippines
2. At least 21 years of age

3. Good moral character
4. No charge involving moral turpitude, filed or pending in
Philippine court
- Academic requirement
1. Pre-law
2. Law proper – Civil law, commercial law, remedial law,
criminal law, public and private international law, political
and social legislation, medical jurisprudence, taxation and
legal prudence.
- Requirements to practice law - Passing the Bar, taking the
lawyer’s oath before SC, signing of roll of attorneys. Upon
issuance of certificate of membership by the Clerk of Court of SC,
he is deemed authorized.
- Practice of law is a privilege and has a nature of right
a. In the matter of the petition for authority to continue use of
fir, name Ozaete, Romulo, etc.
 A partnership for the practice of law is not a legal entity. It
is mere association or relationship for particular purpose.
The use of assumed or trade name is improper.
b. Nature of right since lawyer cannot be prevented from
practicing law except for valid reasons.
 Limitations indicated in the constitution
 Member of Philippine Bar may practice law anywhere,
before any entity, whether judicial or quasi-judicial or
administrative.
- Persons entitled to practice law – Admitted members of Bar who
is in good and regular standing. (Rule 138 Sec 1 RRC)
- Practice of Law
Renato Cayetano vs Christian Monsod
Practice of Law:
 Practice of Law - The rendition of services requiring the
knowledge and the application of legal principles and
technique to serve the interest of another with his consent.
 It embraces all advice to clients and all actions taken for
them in matters connected with the law.
 attorney engages in the practice of law by maintaining an
office where he is held out to be-an attorney, using a
letterhead describing himself as an attorney
 business of advising as to their rights under the law, it
embraces the preparation of pleadings and other papers
incident to actions
 "To engage in the practice of law is to perform those acts
which are characteristics of the profession. Generally, to
practice law is to give notice or render any kind of service,
which device or service requires the use in any degree of
legal knowledge or skill.
 Private practice - The term, as commonly understood,
means "an individual or organization engaged in the
business of delivering legal services.: Sole practitioners,
Firms,
 business lawyer has been described as the planner, the
diagnostician and the trial lawyer, the surgeon.
 A corporate lawyer, for all intents and purposes, is a lawyer
who handles the legal affairs of a corporation.
 "intersecting managerial jurisprudence," it forms a unifying
theme for the corporate counsel's total learning.
Facts:
 Christian Monsod was nominated by Cory Aquino,
Petitioner opposed the nomination because allegedly
Monsod does not possess the required qualification of
having been engaged in the practice of law for at least ten
years.
 CoAp confirmed the nomination. Monsod took oath and
office.
 Monsod is member of PhilBar, paying fees for 10 years.
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 Worked in law office, Operations Officer in Costa Rica and
Panama, and various corporations as legal and economic
consultant or chief executive officer
 He appeared for NAMFREL in its accreditation hearings
before the Comelec.
 Member of Davide commission, con commission, Chairman
of its Committee on Accountability of Public Officers
Ruling:
 Petition dismissed.
 Monsod possessed the necessary qualification.
 The power of the Commission on Appointments to give its
consent to the nomination of Monsod as Chairman of the
Commission on Elections is mandated by Section 1(2) Sub-
Article C, Article IX of the Constitution
 It is well-settled that when the appointee is qualified, as in
this case, and all the other legal requirements are satisfied,
the Commission has no alternative but to attest to the
appointment in accordance with the Civil Service Law.
 If the COAp rejects a nominee by the President, may the
Supreme Court reverse the Commission, and thus in effect
confirm the appointment? No
 may the Court reject the nominee, whom the Commission
has confirmed? No
- Characteristics of the Practice of law
a. Not a matter of right but mere privilege bestowed upon
individuals who are not only learned but also possess good
moral character
b. Not money making, not a capital that yields returns
c. Privilege burdened with conditions
- Exceptions given to non-lawyers
a. In MTC, with aid of appointed agent/friend
b. Personally conduct of litigation before any courts
c. In criminal case before MTC, where duly licensed member of
Bar is not available (counsel de oficio)
d. Senior law student enrolled in recognized law school’s clinical
education program approved by SC for pro-bono cases to
represent indigent clients. It has to be directly supervised and
controlled by IBP member
e. Under labor code, in NLRC or labor arbiter, personally, upon
written authorization of organization/members thereof, and
members of legal aid office duly accredited by DOJ
f. Under Cadastral Act, in cadastral court
g. Person appointed to appear for government of the
Philippines under rule 138 sec 33
h. Before Department of Agrarian Reform Adjudication Board
- Prohibited to practice law (private practice):
1. Judges and other officials and employees of superior court
(RRC)
2. Officials and employees of office of the solicitor general
3. Government prosecutors
4. Pres, VP, cabinet members and deputies and assistants (Art
VII, section 13)
5. Members of con-com (art IX-a sec 2)
6. Ombudsman and deputies (Art IX sec 8(2))
7. All governors, city and municipal mayors (RA 7160)
8. Those prohibited by special laws (RA 6713)
- Practice law with restriction
1. Senators and members of the house cannot personally
appear as counsel before any court (Art VI Sec 14)
2. Sanggunian members (RA 7160) - in civil case wherein the
local government is the adverse party, or criminal case
wherein an officer or employee of the local or national
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government is accused. Administrative proceedings involving - Lawyer’s primary duty to society or state is to uphold the
LGU which he is an official. constitution, obey laws of the land, and promote respect for law
3. Retired justice or judge receiving pension from the and legal processes.
government (RA 910) – in civil case wherein the government - Should delay no man for money or malice
is the adverse party, or criminal case wherein an officer or - Not only uphold the constitution and laws but also obey legal
employee of the government is accused. orders and processes or else, may be disciplined. Lawyers are
expected to recognize authority of SC.
Background of Code of Professional Responsibility - Significance of lawyer’s oath – guardian of truth and rule of law,
- Drafted in 1980 by IBP Committee on Responsibility, Discipline and an indispensable instrument in the fair and impartial
and Disbarment chaired by Dean Irene Cortes. Promulgated by SC administration of justice
in June 21 1988 - Cases:
- SC not persuaded to grant full independence to IBP a. Luzon Mahogany vs Castro – Failure to file comment required
- Binding to all lawyers. Violation thereof is a ground for disciplinary by SC may be reprimanded
action. Greater respect as it was promulgated by SC in exercise of b. People vs Dalusag – Admonished for failure to inform SC his
constitutional authority concerning admission to practice of law. reaction/answer to his appointment in court as counsel of
Hence, canons, if not conflicting any legal provision, have the one of the appellants
effect of law c. Casals vs Cusi – Suspension for failure to file comment
- In limited sense, attorneys are officer of court and considered despite the several extensions he asked for and granted by
public officers in quasi-judicial office as directly participating in the court
administration of justice, judicial machinery sets in motion by his d. Geeslin vs Navarro – Continuing practice of law despite
filing of cases in courts. His intimate and indispensible relationship suspension may cause removal from roll of attorneys
to court makes him part of the court. e. People vs Tuanda
Facts:
Duties of Attorneys:  Lawyer was convicted of violation of BP 22 (Bouncing
1. To maintain allegiance to the RP and to support its constitution checks law), suspended by CA
and obey the laws  Contention is the violation does not relate to exercise of
2. To observe and maintain the respect due to the courts of justice legal profession
and judicial officers Ruling:
3. To appear or maintain such actions or proceedings only as  Suspension was affirmed.
appear to him to be just and such defenses only as he believes  Crimes committed import deceit and violation of
to be honestly debatable under the law attorney’s oath for which she was bound to “obey the
4. To employ for the purpose of maintaining the causes confided laws of the land”
to him, such means only as are consistent with truth and honor  Moral turpitude affects not only the person injured but
and never seek to mislead the judge or any judicial officer of an also the public and it affects the good moral character of
artifice or false statement or law. the lawyer, not only a sine qua non to admission to
5. To maintain inviolate the confidence and at every peril to practice of law but also essential for remaining in the
himself, to preserve the secrets of his client and to accept no practice of law
compensation in connection with his client’s businesses except
from him or with his knowledge and approval Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
6. To abstain from all offensive personality and to advance no fact immoral or deceitful conduct.
prejudicial to the honor or reputation of a party or witness, - Ground for Disbarment
unless required by the justice of the cause with which he is a. Unlawful acts or violation of laws
charged - Lawyer should be a role model in the community in so far
7. Not to encourage either commencement or the continuance of as respect to law is concerned
an action or proceeding or delay any man’s cause from any - Lawyers involved in cases involving moral turpitude had
corrupt motive or interest. shown unfitness to protect the administration of justice or
8. Never to reject for any consideration personal to himself the no longer of good moral character.
cause of the defenseless or oppressed. - Crimes involving moral turpitudes:
9. In defense of the accused, by all fair and honorable means a. Estafa
regardless of his personal opinion as ti the guilt of the accused b. Bribery
to present every defense that the law permits to the end that c. Murder
no person may be deprived of life or liberty, but by due process d. Bigamy
of law. e. Seduction
f. Abduction
CODE OF PROFESSIONAL RESPONSIBILITY g. Concubinage
h. Smuggling
Chapter I – The Lawyer and Society i. Falsification of public documents
j. Violation of BP 22
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY - Cases:
THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND a. In Re Terell – Suspended for promoting an organization
LEGAL PROCESSES. designed to violate or evade the law against crime with
knowledge it aims

b. Platt vs Abordo – Purchase of opium/prohibited drugs
whether sale is consummated or not
c. In re Quiambao – Engineered a scheme to defraud
another
d. Fernandez vs Grecia – stole exhibits and tearing them
off
e. Bautista v Gonzales – Violation of art 1491 of civil code,
even if not penal is sufficient ground for sanction.
b. Acts of dishonesty
- Essential to retain membership of the bar
- Sample acts of Dishonesty and Deceit:
a. Misappropriation of client’s funds
b. Act of fraudulently concealing dutiable importation or
smuggling
c. Giving false statements or oath in an information sheet
submitted in connection with the lawyer’s application
for the position of Chief of police
d. Wanton falsehood made in an ex parte petition in
court wherein the lawyer attached affidavit of his
grandfather and which affidavit he notarized knowing
that the affiant is dead
e. Manuevering reconveyance of property in the name of
lawyer instead of client
f. Submission/presentation of mutilated copies of certain
documents to court for the purpose of deceiving and
misleading it
g. Falsification of grades in the bar exams
h. Collecting money on pretense that counsel would
allegedly appeal the complainant’s case despite it can
no longer be appealed
i. Inducing to buy piece of land knowing it is not for sale
j. Delayed failure to account money collected for the
client
k. Stealing evidences attached to the court’s records
l. Adamant refusal to return money he received and
issuing bouncing checks
m. Notarization of falsified deed of sale of his client’s
property
c. Gross immorality
- Morality involves relations between human acts and norm
- Morality is human standard based on the natural moral law
which is embodied in man’s conscience and which guides
him to do good and avoid evil.
- Moral turpitude includes everything which is done contrary
to justice, honesty, modesty or good morals
- Immoral conduct – willful, flagrant or shameless which
shows moral indifference to the opinion of the good and
respectable members of the community.
- All aspects of moral character and behavior may be
inquired into in aspect of those seeking admission to
practice of law
- Requirement of good moral character is more stringent
than norm of conduct expected from members of general
public
- To be grounds for disciplinary action, must be grossly
immoral
- Instances of Gross immorality:
a. Abandoning of wife and cohabiting with another
b. Bigamy
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c. Breach of promise to marry, reason to have a carnal
knowledge
d. Seduction and adulterous relationship
e. Inveigling to believe of civil marriage to have carnal
knowledge
f. Undue influence to have carnal knowledge
g. Concubinage and lack of support
h. Bribery
- Cases:
Royong vs Oblena
Facts:
- Respondent contended that he did not falsify his
petition to take the bar, according to his opinion and
estimation of himself, he is of good moral character
Ruling:
- One own’s approximation of oneself is not a gauge of
moral character; it is not subjective but objective
reality.
- It is what the person really is and not what other
people think he is.
- As have been living with adulterous life with Angeles,
he does not possess good moral character, regardless
of discovery, then or now, since he is unfit to remain a
member of Bar.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at
defiance of the law or at lessening confidence in the legal system.
- Should not render any service or advice which will involve
disloyalty to the laws
- Lawyers to advance the honor of his profession
a. Strict compliance with moral law
b. Advise client compliance with statute law
c. To be honest, patriotic and loyal
- Respect for law is gravely eroded when lawyers engage in
unlawful acts
- Unlawful, dishonest, immoral, deceitful acts corrode public
confidence in legal system
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest,
encourage any suit or proceeding or delay any man’s cause.
- Duty not to stir up litigation
- Barratry – offense of frequently exciting and stirring up quarrels
and suits, either at law or otherwise.
- Ambulance chasing – Act of chasing of ambulance carrying a
victim for the purpose of talking to the said victim or relatives
offering legal services
- Ambulance chaser – haunts hospitals or visit homes of afflicted,
intruding their presence and offering his services on basis of
contingent fee
- Evils of ambulance chasing:
a. Fomenting of litigation burdening the courts and public
b. Subornation of perjury
c. Mulcting of innocent persons
d. Defrauding of injured persons
- Unethical to volunteer advice to bring a lawsuit except blood ties,
relationship or trust
- Lawyers must not add to workload of judiciary by filing pointless
petitions. Lawyers must temper client’s propensity to litigate
- Lawyers should not be instigator of controversy but a mediator
for concord and ciliator for compromise.
- Appealing a case for purposes of delay is obstruction of justice

- Signature of the counsel constitutes a certificate that he has read
the pleadings. Filing of unsigned pleading shall be subject to
appropriate disciplinary action
- Instances of Delays Condemned by SC
1. Resort to technicalities
2. Befuddling of the issues
3. Filing multiple or repetitious petitions
4. Filing of several actions covering the same subject matter
5. Filing of frivolous appeals – means to drain resources of
poorer party compelling him to submit out of sheer
exhaustion
6. Filing of motions for postponement
7. Indiscriminate filing of suits against a party clearly intended
for harassment
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or
settle a controversy if it will admit of a fair settlement.
- Compromise – nature is such that a party must give up some of
the rights that he has in consideration of the same act on the part
of the other side
- Settlement of cases authorized and encouraged by law (Civil
code). Can be about filed, pending or with final judgment cases
- Lawyer must encourage fair settlement to prevent clogging of
docket and save the client from additional expenses.
- Right of lawyers to fees cannot have a higher standing than the
right to compromise. Lawyer can enforce right to fee in proper
proceeding but such cannot be used to prevent approval of
compromise.
- A lawyer without special authority cannot compromise his client’s
litigation. Without special authority, unenforceable but can be
ratified.
- Lawyer has exclusive management of procedural aspect of the
litigation including rights and remedies of client.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE
IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH
THE INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE
PROFESSION.
- To handle a case or to extend his legal services, do so with
efficiency and convenience to maintain independence, integrity
and effectiveness at all times.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the
cause of the defenseless or the oppressed.
- Defenseless are those who are not in a position to defend
themselves due to poverty, weakness, ignorance, or other similar
reasons
- Oppressed are the victims of acts of cruelty, unlawful exaction,
domination or excessive use of authority
- Except for valid reasons, cause of the defenseless and oppressed
must not be rejected. Duty is to see to it that justice be accorded
to all without discrimination
- In attending to clients, whether paying or not shall observe same
standard. Delay no man for money or malice.
- Not decline appointment as counsel de oficio unless with valid
reasons
- Legal aid is not a matter of charity but a public responsibility. It is
for correction of social imbalance that may lead to injustice.
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.
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- In case of non acceptance for valid reason of the case of the
defenseless or oppressed, legal advice should still be rendered to
safeguard their rights
Rule 2.03 - A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.
- Practice of law is not a money making trade, not a business but a
profession
- Counsel of refute and of eminence welcome opportunities to be
appointed as counsel de officio for this makes manifest the
principle that the practice of law is dedicated to the ideal of
service and not mere trade
- Characteristics of legal profession vs Business
1. Duty of public service, emolument is by-product and in which
one may attain the highest eminence without making much
money
2. A relation as an officer in court to the administration of
justice involving thorough sincerity, integrity and realibility
3. A relation to clients in highest degree of fiduciary
4. A relation to colleagues at the bar characterized by candor,
fairness, and unwillingness to resort to current business
methods of advertising and encroachment on their practice
or dealing directly with their clients
- Improper solicitation of legal business is prohibited (to advertise
as merchants)
Director of Religious Affairs vs Bayot
Facts:
- Respondent is charged with malpractice for having published
advertisement in Sunday Tribunal
Ruling:
- Advertisement is flagrant violation of ethics of his profession. It is
a brazen solicitation of business to the public.
- The practice of soliciting cases at law for the purposes of gain
constitute malpractice.
- It is unethical to advertise his skill or talents
- Lawyer degrades himself and his profession who stoops to and
adopts practice of merchantilism by advertising his services or
offering them to public.
- Most worthy and effective advertisement possible is the
establishment of well-merited reputation for professional capacity
and fidelity to trust. This cannot be forced but must be the
outcome of character and conduct
In re Tagorda
Ruling:
- Condemn solicitation of lawyers. It is destructive to honor of great
profession and it lowers it. It work against the confidence of the
community in the integrity of members of bar and results to
needless litigation and in incenting to strife otherwise peacefully
inclined citizens
- Ground for disbarment or suspension
People vs McCable
Facts:
- Publication: If you like divorce, communicate with me and your
desire may be gratified.
Ruling:
- Highly reprehensible and encourage people to make application
for divorce. It is a false representation and a libel upon court
Ulep vs The Legal Clinic Inc.
Held:

- SC enjoined the publication or dissemination of advertisement
Solicitation when permissible:
- Compatible with dignity of legal profession
- In modest and decorous manner
- Use of simple signs, stating the names of lawyers (simple
professional cards)
- Publication in refutable law lists in manner consistent with the
standards as imposed by canon of brief biographical and
informative data
- Modest announcement in newspaper about opening a law firm is
not improper.
- Unprofessional to solicit professional employment via circulars,
personal communication or interviews not warranted by personal
relations.
- Radio program of lawyer advertising his skill, receiving phone
questions about law and answer by legal advice is improper unless
for public service.
Rule 2.04 - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant.
- Some approved schedules of AF providing specific guidelines for
fixing AFs for legal documentation
- To avoid any demeaning and degrading competitions, should be in
unison in respecting such custom or tradition. Refrain from
charging rates lower than customary unless justifiable: Poor,
brother, indigent.
- Law is not a business but a noble profession with attendant social
responsibility.
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.
- Unethical: Self praises or false claims on qualification or quality of
legal services, whether done by him or another with his
permission
- Lawyer should not pretend to a prospective client just to get trust
and confidence that he is seasoned lawyer when is not.
- Firm may adopt a name, but not false or misleading names. No
name not belonging to partner should be used.
- Deceased partner may still be used, provided there is indication
that such is already dead.
- Name inscribed in Roll of Attorneys
- Name of partner should be dropped if appointed as judge or other
positions not authorized to be in private practice
- Use of foreign firm name is unethical
- Presumption of dissolution: done in regular manner
- Main law office and branch office do not constitute two law firms
- Death of a partner does not extinguish the client-lawyer
relationship with the lawfirm
- Negligence of a member of law firm is negligence of law firm
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.
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- Name should be dropped from firm name if in public office –
except a law allows him. Rule is to prevent making use of public
official to attract legal business, avoid suspicion of undue
influence.
- Prohibited are:
a. President
b. Vp
c. Members of cabinets
d. Members of congress
e. Members of con com
f. Governors
g. Mayors
h. Prosecutors
i. Solicitors
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.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT
OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN
LAW REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
- Enhancement of the system by:
1. Presenting position papers or resolutions
2. Introduction of new bill in Congress
3. Petitions for amendment of Rules of Court or introduction of
new rule
4. Petitions with IBP relevant to system
5. Devise and maintain programs for continuing legal education
6. Creating of law centers or libraries for legal research
7. Writing legal publications or books
Cordova vs Labeyan
Facts:
- Atty. Salvador T. Sabio, counsel for herein complainants, to show
cause and explain why he should not be administratively dealt
with for violation of Canon I, Rules 1.02 and 1.03 of the Code of
Professional Responsibility.
- offshoot of an administrative complaint 5 filed by complainants
Maribeth and Christopher Cordova, through their aforesaid
counsel, Atty. Sabio, against herein respondents for disbarment,
dismissal from office and disqualification to hold public office
Issue:
Whether or not the filing of administrative complaint is acceptable
Ruling:
- Administrative complaint was filed after the Court of Appeals had
rendered a decision in favor of plaintiffs. Such are valid and legal.
Yet, Atty. Sabio persisted in instituting these baseless charges.
- Filing totally baseless and unfounded charges against judges and
court personnel in a vain attempt to escape the dire
consequences of their own negligence or in an effort to transgress
the lawful orders of the court is reprehensible. Judges and court
personnel should be protected from unjust accusations of
dissatisfied litigants, abetted by counsel who seek thereby to
camouflage their shortcomings.
- As an officer of the court, a lawyer has the sworn duty to assist in,
not to impede or pervert, the administration of justice. The

present administrative charge seeks to cast doubt on the integrity
of respondent judges, the judicial personnel and the court which
they represent, in flagrant abdication of the bounden
responsibility of a lawyer to observe and maintain the respect due
to courts of justice.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION
PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN
LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING INFORMATION
REGARDING THE LAW AND JURISPRUDENCE.
- Judges must also keep abreast of the laws, rulings and doctrines
of SC
- Legal education – Special training that goes into the making of
lawyer and does not end with the admission to Bar
- Take active part and not just passive onlookers or listeners in the
pursuit for Continuing legal education program
- Mandatory Continuing Legal Education as per SC
- Purpose of integration of Bar
1. Elevate the standards of legal profession
2. Improve the administration of justice
3. Enable the bar to discharge its public responsibility more
effectively
Uy vs Capulong
Facts:
- Presiding Judge of the RTC is charged 1 with gross incompetence,
gross ignorance of the law and grave misconduct in a complaint in
relation to settlement of the estate of the late Ambrocio C.
Pingco.
- Despite the Decision of the Court of Appeals and the pendency of
the petition for review by way of certiorari before this Court,
respondent Judge continued issuing various orders resulting in the
issuance of new titles to the properties in the name of persons
stated in the project of partition, to the damage and prejudice of
complainants.
Ruling:
- To fulfill this mission, the judge should keep abreast of the law,
the rulings and doctrines of this Court. 7 If the judge is already
aware of them, the latter should not deliberately refrain from
applying them, otherwise such omission can never be excused.
- In cancelling the titles of complainants over their properties on
mere motion of a party and without affording them due process,
respondent Judge violated her sworn obligation to uphold the law
and promote the administration of justice. It has been held that if
the law is so elementary, not to know it or to act as if one does
not know it, constitutes gross ignorance of the law.
- Utter disrespect for the judgment of a higher court constitutes
grave misconduct prejudicial to the interest of the public, the
bench and the bar.
De Roy vs CA
Facts:
- to declare null and void two (2) resolutions: denied petitioners’
motion for extension of time to file a motion for reconsideration
and directed entry of judgment since the decision in said case had
become final and second denied petitioners’ motion for
reconsideration for having been filed out of time.
Issue:
W/N SC decisions should be published in Official Gazette
Ruling:
7
- This Court finds that the Court of Appeals did not commit a grave
abuse of discretion when it denied petitioners’ motion for
extension of time to file a motion for reconsideration, directed
entry of judgment and denied their motion for reconsideration. It
correctly applied the rule laid down in Habaluyas Enterprises, Inc.
v. Japzon
- Petitioners contend that the rule enunciated in the Habaluyas
case should not be made to apply to the case at bar owing to the
non-publication of the Habaluyas decision in the Official Gazette
as of the time the subject decision of the Court of Appeals was
promulgated. Contrary to petitioners’ view, there is no law
requiring the publication of Supreme Court decisions in the
Official Gazette before they can be binding and as a condition to
their becoming effective. It is the bounden duty of counsel as
lawyer in active law practice to keep abreast of decisions of the
Supreme Court particularly where issues have been clarified,
consistently reiterated, and published in the advance reports of
Supreme Court decisions (G. R. s) and in such publications as the
Supreme Court Reports Annotated (SCRA) and law journals.
Zualo vs CFI of Cebu
- Attorneys are also chargeable with notice of changes in the rules
including not only express reglementary provisions but also
regular practice under rules of court
- Obligations of lawyers admitted to Bar
1. Owe to self Continue improving his knowledge of law
2. Owe it to his profession to take an active interest in the
maintenance of high standard legal education
3. Owe to public to make the law part of social consciousness
- Obligation of SC
1. Encourage and foster legal education
2. Devise and maintain program of continuing legal education
for practicing attorneys in order to elevate the standards of
profession throughout the country
3. Conduct campaigns to educate people on their legal rights
and obligations, importance of preventive legal service and
true functions of lawyers
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL
TASKS.
- A lawyer does not shed his professional obligations upon his
assuming public service. Incumbent judges and magistrates shall
be governed by Code of Judicial Conduct
- Government lawyers are not allowed to private practice unless
allowed by law and not to conflict public function. Prohibition is 1
year after separation from public office.
- Misconduct of lawyer in public office in the discharge of official
duties as government official is of character as to affect his
qualification as lawyer or moral delinquency, he may be
disciplined as member of Bar for such ground.
- Code of Conduct and Ethical Standards under RA 6713 – All public
officials (appointive or elective, permanent or temporary, career
or non-career, including military or police, receiving compensation
or not) and employees, whether lawyer or non-lawyer are
governed.
- Norms of Conduct of Public Officials
1. Commitments to Public Interest – public over personal
interest. Government resources must be employed and used
efficiently, effectively, honestly and economically.
2. Professionalism
3. Justness and sincerity – True to people, no discrimination,
respect rights of others, refrain from doing acts contrary to
law, good morals and customs, public policy, order, safety
and interest.
4. Political neutrality – service to everyone without
discrimination

5. Responsiveness to Public – prompt, courteous, and adequate
service to public
6. Nationalism and patriotism –
7. Commitment to democracy – upheld the constitution,
maintain public accountability and supremacy of civilian
authority over military.
8. Simple living – lead modest life according to positions and
income
Rule 6.01 - The primary duty of a lawyer engaged in public
prosecution is not to convict but to see that justice is done. The
suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible
and is cause for disciplinary action.
- Prosecutor-quasi-judicial officer and as such, he should seek equal
and impartial justice. No innocent man suffers and no guilty man
escapes.
- Interest of prosecutor is not to win a case but to see that justice is
done.
- Should not present evidence of guilt which are illegally seized and
should not suppress facts capable of establishing innocence.
- Public prosecutor should recommend the acquittal of accused
whose conviction is on appeal if he finds no basis for conviction
- Facts should be laid methodically and meticulously by prosecutor.
US vs Barredo
Facts:
- The appellants in this case were convicted in the court below of
the crime of attempted rape. It is urged that the court was
without jurisdiction in the premises because the information
charging the commission of the crime was filed, and the trial
conducted by a special fiscal, improvidently appointed by the trial
judge without authority of law.
Ruling:
- Provincial fiscals have not the power to dismiss criminal actions
pending in Courts of First Instance without leave of court; and
that this limitation upon their power extends to the dismissal of
complaints upon which accused persons have been committed or
admitted to bail to await the action of the judge of the Courts of
First Instance.
- a conscientious prosecuting official, whose investigations have
satisfied him as to the innocence of persons charged with the
commission of crime, should not institute criminal proceedings
against such persons. But we are of the opinion that in the event
that criminal proceedings have been instituted, and the
investigations of the provincial fiscal have satisfied him that the
accused person is innocent, or that evidence sufficient to secure
conviction will not be forthcoming at the trial despite the exercise
of due diligence to that end, it then becomes his duty to advise
the court wherein the proceedings are pending as to the result of
his investigations, and to move the court to dismiss the
proceedings, leaving it to the court to take such action as may be
proper in the premises. In this jurisdiction provincial fiscals are not
clothed with power, without the content of court, to dismiss or
dicit nolle prosequi criminal actions actually instituted, and
pending further proceedings. The power to dismiss is vested
solely in the courts, that is to say in the presiding judge thereof.
Triente vs Sandiganbayan
Facts:
- case relates to an appeal of the decision by the Sandiganbayan
convicting the herein petitioner, Generoso Trieste, Sr., of twelve
(12) separate violations of Section 3 paragraph (h) of Republic Act
8
3019, otherwise known as the Anti-Graft and Corrupt Practices –
Act
Ruling:
- The conscientious study and thorough analysis made by the Office
of the Solicitor General in this case truly reflects its consciousness
of its role as the People's Advocate in the administration of justice
to the end that the innocent be equally defended and set free just
as it has the task of having the guilty punished.
Rule 6.02 - A lawyer in the government service shall not use his
public position to promote or advance his private interests, nor
allow the latter to interfere with his public duties.
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.
- Misconduct in discharged of official duties as government official
is generally not disciplinable except if the character of misconduct
affects his qualification as lawyer or show moral delinquency. He
may be disciplined as member of the Bar
- Violation of restriction is tantamount to representing conflicting
claims.
CHAPTER II. LAWYER AND THE LEGAL 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
- Requirements Admission to the Bar
1. Citizen of Philippines
2. At least 21 years old
3. Satisfactory evidence of Good moral character
4. Resident of the Philippines
5. No charges filed against him involving moral turpitude
6. Regularly studied for four years in approved law school
7. Certificate from University
8. Completed: Civil Law, Commercial Law, Remedial Law, Criminal
Law, Public and Private International Law, Political law, Labor
and social legislation, medical jurisprudence, taxation and legal
ethics
9. Completed Pre-Law – 4 years in high school, BS or BA,
- Consequences of making false or suppression of material fact:
 If discovered prior taking the Bar, denied permission to take it
 If discovered after passing the Bar and before taking oath, not
allowed to take oath
 If discovered after taking oath, name to be stricken out from
Roll of Attorneys
- Concealment of an attorney in his application to take the Bar of
the fact that he had been charged with, indicted for, an alleged
crime is ground for revocation of license to practice law.
- Concealed is a crime not involving moral turpitude, still taken
against him as moral unfitness. It is the fact of concealment and
not the commission of the crime.
- Candidates are barred from influencing or communicating for
assistance with any member of the committee

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
- No recommendation or endorsement of any applicant for
admission to Bar those not qualified due to lack of good moral
character, educational requirements or other relevant attribute
- A lawyer should aid in guarding the Bar against admission to
profession of candidates unfit or unqualified for being deficient in
either moral character or education
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
- A lawyer must at all times conduct himself properly as not to put
into question his unfitness to practice law.
- It is essential during the continuance of the practice and the
exercise of privilege to avoid brushes with the law, assisting
anyone, even clients in commission of any crime or unprofessional
act
- A lawyer must be faithful to his oath includes:
 Payment of membership fees and special assessments in IBP
 Payment of privilege tax
- Unlawful act though not related to his duties as lawyer as long as
it puts his character to serious doubt renders him unfit to
continue in practice of law
- Avoidance of scandalous act: Not only required to refrain from
adulterous acts but must also behave himself as to avoid
scandalizing the public flouting moral standards
- Lawyers shall stand as shield in defense of right and in warding of
wrong: Truth-speaking, high sense of honor, of granite discretion,
of strictest observance of fiduciary responsibility
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,
FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL
COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL
- Courtesy to fellow lawyers, necessary – to maintain dignity:
 Lawyers must conduct themselves honorably, fairly and
candidly toward each other
 Avoid resorting to harassing tactics against opposing counsels
and participate in battle for justice with courtesy and fairness
 Following the Golden Rule
Rule 8.01 - A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise improper.
- Abusive and offensive language has no place in pleadings and is
contemptuous.
- Words tending to obstruct, embarrass or influence the court in
administering justice or to bring it into disrepute have no place in
pleading as they serve no useful purpose constituting only direct
contempt or contempt in facie curae.
- Disrespect to court disgraces the bar and invites disciplinary
power
- Language used must be:
 Forceful but dignified
 Emphatic but respectful as benefiting advocate and in keeping
with the dignity of legal profession
 Gracious to both court and opposing counsel
 Shall refrain from offensive personality and advance no fact of
prejudicial honor or reputation of a party or witness, unless
required by the justice of the cause with which he is charged
9
 Dignified and temperate
- Consequences of Abusive language:
 Courts may expunge improper language from the records
 May be subjected to disciplinary action
- Instances of disrespectful language:
1. Referral to SC as civilized, democratic tribunal but innuendo
suggest that it is not and its decision false, erroneous and illegal
2. Veiled threat to prosecute for knowingly rendering unjust and
negligent judgment
3. Judge’s attitude as unjust, hostile, vindictive and dangerous
4. Reference to resolution of SC as sadistic
5. Calling decision as outrage and mockery
6. Labeling judge as corrupt
7. Calling adverse counsel as bobo
8. Lawyer stating that justice is blind, deaf and dumb
9. Attributing to SC as without rhyme and reason, disbarring
lawyers without due process
- By claiming that his words did not mean what any reader must
have understood them as meaning not an excuse for disrespectful
language used.
- Strong language is justified when the language has been impelled
by same language used by the judge
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
- Lawyer should not steal other clients
- A person without a retained lawyer is a legitimate prospective
client
- How to steal:
 Retained who is not dismissed
 Giving promise of better service, lower fees or downgrading the
qualification or services of the first lawyer
 Any act calculated to ease out the previous lawyer with intent
to grab the case
- No encroachment when the lawyers is already dismissed
- Lawyer should not negotiate with opposite party already
represented by other counsel:
 Communication of controversy
 Negotiate or compromise the matter with him
 Should not undertake to advise him as to law
 Attempt to interview the opposite party and question him as to
the facts of the case even if the adverse party is willing to do so
- Lawyer may however interview any witness or prospective
witness for the opposing side in any civil or criminal action
without the consent of opposing counsel or party. However, he
should unscrupulously avoid any suggestion calculated to induce
the witness to suppress or deviate from truth, affect his free
conduct in appearing in trial
- Advice and assistance to victims of unfaithful and neglectful
counsel, allowed. Assistance extended after proper verification is
not encroachment and not abet activities aimed at defiance of law
or at lessening confidence in legal system
- A lawyer acquired knowledge of malpractice must inform SC or
IBP of such and expose without fear or favor corrupt or dishonest
conduct
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST
IN THE UNAUTHORIZED PRACTICE OF LAW
- Only those licensed by SC may practice law

- Not allowed to practice law:
 Taking partner who is not a lawyer
 Disbarred
 Suspended
 Foreign lawyer unless licensed by SC
- Act of pretending or assuming or assist whether directly or
indirectly is subject to disciplinary action
- Reason: Need of public for integrity and competence. Assures
public because of fiduciary and personal character of lawyer-client
relationship, inherently complex nature of legal system
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
- Arraignment and promulgation of decision should be attended
only by lawyers
- Qualified to practice law:
 Duly qualified in moral character – sworn to observe rules and
ethics
 Education
 Passed the Bar Exams – tested qualification and subject to
disciplinary control
- Lawyers cannot delegate his authority without client’s consent
even to a qualified person. The reasons are:
 public policy
 Client-Lawyer relationship is personal
 Lawyer is selected on account of their special fitness
- Assistant or associate in law firm may appeal for a client unless
the client has contracted otherwise
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for
legal services with persons not licensed to practice law, except:
a) Where there is a pre-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
b) Where a lawyer undertakes to complete unfinished legal
business of a deceased lawyer; or
c) Where a lawyer or law firm includes non-lawyer employees in
a retirement plan, even if the plan is based in whole or in part,
on a profitable sharing arrangement.
- Division of attorney’s fees with non-lawyers is prohibited except
given to other lawyer who rendered legal services with him in
case or legal work
- Reason: to avoid confusion on the side of the public as to whom
to consult in case of necessity and also to avoid chaotic condition
in bar since non-lawyers are not amenable to disciplinary
measures
- Non-lawyers are not entitled to attorney’s fees even as authorized
representative of respondent appearing in NLRC
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD
FAITH TO THE COURT
- Candor – impartiality/ openness/ freedom from prejudice
- The burden cast on judiciary would be intolerable if it could not
take at face value what is asserted by counsel. Counsel is
expected to display utmost zeal in defense of client’s cause
- Lawyer is an officer in court and like the court itself, an
instrument to advance the ends of justice. Duty is to uphold
10
dignity and authority not to promote distrust in administration of
justice
- Example of displaying candor: Attorney for claimants and
appellees informed the court that the case had been decided in
favor of said claimant by CA sent to him by said court to save
appellant the trouble of waiting for the reconstitution of the case
and the tribunal the trouble of deciding the case
- Refiling a case which was already litigated before is not forum
shopping but violation of canon 10
- Forum shopping – 2 or more cases are still pending
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to
the doing of any in Court; nor shall he mislead, or allow the Court
to be misled by any artifice.
- Truthfulness and good faith
- Violation of lawyer’s oath is ground for suspension or disbarment
- Not candid or fair knowingly to misquote, trying to misled SC by
raising issues long laid rest by final and executory judgment
- Some cases of falsehood:
 Falsely stating in deed of sale that property is free from liens
and encumbrances when it is not
 Making appear that a dead person executed deed of sale in his
favor
 Concealing the fact that he is charged of a crime when seeking
employment
 Encashing checks payable to dead cousin forging his signature
 Falsification of power of attorney to collect money due to
principal and improperly appropriate it
 Lawyer alleging in wrong pleading
 Uttering falsehood in motion to dismiss
 Denial of receipt of notice to file brief as belied by return card
 Presenting known falsified documents
 Filing false and groundless suits
 Falsification of Sheriff’s return and seeking the default of
defendant
 Use of another lawyer’s IBP number
 Use of fictitious residence certificate by a notary public
Rule 10.02 - A lawyer shall not knowingly misquote or
misrepresent the contents of paper, the language or the argument
of opposing counsel, or the text of a decision or authority, or
knowingly cite as law a provision already rendered inoperative by
repeal or amendment, or assert as a fact that which has not been
proved
- Prohibited acts:
 Knowingly misquoting or misrepresenting – verbatim to avoid
misleading the court. Reason: Judicial decisions forms part of
the legal system of the Philippines. Mere typographical error in
citation is not, however, contemptuous.
 Contents of paper
 Language or argument of opposing counsel
 Text of decision of authority
 Knowingly citing as law a provision already rendered
inoperative by repeal or amendment
 Asserting as a fact that which has not been proved
 Foisting a nonexistent rule
Rule 10.03 - A lawyer shall observe the rules of procedure and shall
not misuse them to defeat the ends of justice.
- Aim of lawsuit is to render justice
- Rules of procedures – designed to attain such aim. It facilitates
delivery of justice without unnecessary expense and waste of time

- Judges should not condone the deliberate abuse of procedural
rules
- Litigation is not a game of technicalities, which one more deeply
schooled, entraps and destroys other. It is contest in which
contending parties fully and fairly lays before court facts in issues,
brushing aside trivial and indecisive imperfection of forms and
technicalities
- Avoid filing pointless petitions that only add workload to judiciary
- Technicalities should give way to the realities of situation.
- Understandable to make full use of every conceivable legal
defense the law allows. It must kept however in mind that
procedural rules are intended as an aid not means of frustrations
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE
RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND
SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
- Where duties to the courts conflict with duties to his clients, the
clients must yield to the former. A lawyer’s duty to the court is
not secondary to that of his clients
- Reason: to avoid loss of confidence in honesty, integrity of
members of court and avoid the belief that public cannot expect
justice therefrom, hence taking justice from their own hands
- Highest sign of respect to courts is lawyer’s obedience to court
orders and processes. Ex: Failure to appear in court hearings or
not complying with court’s resolution
- Freedom of speech is not absolute and that freedom of
expression needs an occasion to be adjusted to and
accommodated with the requirements of equally important public
interests, like maintenance of integrity and orderly functioning of
administration of justice
- Pleading containing derogatory, offensive or maliscious
statements submitted to the court or judge which the
proceedings are pending constitutes direct contempt
- Indirect or constructive contempt – contemnor may only be
punished after charge in writing has been filed and an opportunity
given to the accused to be heard by himself or counsel.
Appealable
- Direct contempt – may summarily judged and appealable if MTC
Rule 11.01 - A lawyer shall appear in court properly attired.
- Traditional attires for male lawyers:
 Long-sleeve Barong Tagalog
 Coat and tie
- Traditional attires for female lawyers:
 Semi-formal attires
Rule 11.02 - A lawyer shall punctually appear at court hearings
- Reason: Lawyer’s oath: Delay no man for money or malice
- Consequences:
 Non-suit or dismissal
 Contempt
 Interference in speedy administration of justice
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or
menacing language or behavior before the Courts
- Abstain from all offensive personality and advance no fact
prejudicial to the honor or reputation of a party or witness unless
required by the justice of cause with which he is charged
- Abstain from scandalous behaviors like unnecessary display of
passion, provocative or challenging gestures shouting at judges,
etc
11
- Raising one’s voice is a sign of disrespect. Argument must be
gracious to both courts and opposing counsel. Disavowal of
offensive intent is of no avail
Rule 11.04 - A lawyer shall not attribute to a Judge motives not
supported by the record or have no materiality to the case
- Reassertion of platitude (meaningless)
- It is not contemptuous if misbehavior of judge is demanded to be
put on record
- Lawyers, however, be courageous enough to expose arbitrariness
and injustices of courts and judges – never sacrifice principle for
the sake of personal friendship and avoid at all cost launching
groundless and irresponsible derogatory remarks against member
of bar
Rule 11.05 - A lawyer shall submit grievances against a Judge to
the proper authorities only
- Complaints against judges are to be coursed to proper authorities
only
- SC through Office of Court Administrator if administrative or
Office of Ombudsman if criminal in nature. In case of
impeachment, to HOR
- It should not be coursed to media, military authorities, other
elective officers and institutions other than the 2
- RULE 139-B - The IBP Board of Governors may, motu propio or
upon referral by the Supreme Court or by a Chapter Board of
Officers, or at the instance of any person, initiate and prosecute
proper charges against erring attorneys including those in the
government service
- Disbarment cases pending in the office of Sol Gen, transferred to
IBP except those substantially complete
- A judge who falsifies his certificate of service is administratively
liable to SC.
- In absence of administrative action, investigation by Ombudsman
encroaches into the Court’s power of administrative supervision
pursuant to a doctrine of separation of powers. Court has the
necessary records to make such determination, and Ombudsman
cannot compel SC to submit its record
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
- Joint responsibility and aim of judges and lawyers.
- Acts which obstruct administration of justice:
1. Instructing witness not to appear at scheduled hearing
2. Asking client to plead guilty knowing it is the opposite
3. Advising client to escape prison
4. Employing dilatory tactics
5. Prosecuting frivolous cases or appeals to drain the resources
of other party and to compel him to submit to exhaustion
6. Filing multiple petitions or complaints for a cause already
rejected
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 preferences. He
should also be ready with the original documents for comparison
with the copies.
- Lawyer must be ready when he goes to trial:
 Mastery of facts, laws and jurisprudence applicable thereto

 Collated every piece of essential evidence and to demolish
pretenses and offering his evidence in smooth and orderly
manner without provoking valid rejections
 Presenting documentary exhibits, ready with originals for
purposes of comparison of copies.
- Inadequate preparation obstruct the administration of justice
Rule 12.02 - A lawyer shall not file multiple actions arising from the
same cause
- Forum-shopping
 Filing multiple actions with intention that if he does not get
the order/judgment he needs in one case, he refiles it in the
hope that in another sala, the judge will grant it.
 Reprehensible manipulation of court processes and
proceedings
 Elements:
1. 2 or more cases are pending (if not pending, defense is
res judicata in violation of Canon 10)
2. Same parties are involved
3. Same cause of action and reliefs prayed for
- Prevention of forum-shopping: Sworn Statement (certified and
signed by client) that:
 Party has not commenced any action or filed any claim
 If there are pending action, a complete statement of present
status should be indicated
 In case of discovery of same action, should report the same
within 5 days
- Consequences:
 Dismissal
 Indirect contempt
 Administrative sanctions
- Instances of forum shopping:
 Administrative case is still pending, another is filed
 Pendency in SC petition for certiorari filed another complaint
in RTC of same allegations
 Second suit is filed in court without jurisdiction
 Counsel omits to disclose pendency of an appeal
Rule 12.03 - A lawyer shall not, after obtaining extensions of time
to file pleadings, memoranda or briefs, let the period lapse
without submitting the same or offering an explanation for his
failure to do so
- Asking for extension must be in good faith
Rule 12.04 - A lawyer shall not unduly delay a case, impede the
execution of a judgement or misuse Court processes.
- Execution of final judgment should not be unduly thwarted
through subterfuge and deprived of the verdict
- Lawyer should not enter his appearance in a case which had long
been terminated by final decision
- Not to appeal for purpose of delay
Rule 12.05 - A lawyer shall refrain from talking to his witness
during a break or recess in the trial, while the witness is still under
examination.
- Basis: Lawyer’s oath: to do no falsehood, nor consent to the doing
of any in court
- Reason: to avoid coaching, teaching in certain way, to rectify
certain statements damaging to his cause at the resumption of
trial
- To uphold and maintain fair play
12
Rule 12.06 - A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another.
- Can be criminally liable for False testimony under Art 182 ans 183
of RPC
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him
- Always treat the witness with fairness and always be dignified
- Judges are equally mandated to be courteous to litigants and
witnesses
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.
- Rationale: Difference between respective functions of witness and
advocate. Witness is to tell facts, advocate is partisan. Difficult to
distinguish between the two and hard for lawyer to disassociate
his relation to his client as attorney and his relation to the party as
witness.
- It invites criticism and confusion and hard for stenographer to
record the proceedings accurately
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
- Lawyer is minister of justice, that is rendering or giving one what
is due him.
- Cases must be won because they are meritorious and not due to
connections, clout, dominance or influence
- Avoid:
 Display or boast of being influential to court
 Judge has corresponding duty not to convey or permit others
to convey the impression that they are in special position to
influence the judge
Rule 13.01 - A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating familiarity with
Judges.
1. Extraordinary attention
a. To protect good name and reputation
 Opening the door of office
 Carrying things
 Lighting cigarettes and serving food
 Spending for his birthday parties
b. To avoid misconstructions of motives on part of both judge
and lawyer
c. To avoid public from jumping to conclusions that lawyers do
things in anticipation for some favorable reciprocation on the
part of judge
2. Opportunity to cultivate familiarity
a. Joining club or association for the purpose of infiltrating the
circle of judges
b. Making the judges godfathers of their children
- Discussing with judge privately in chambers on matter related to
case pending in court should be avoided
- It is impropriety for judge to meet the accused privately
 13

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.
- To avoid interference with a fair trial
- Ex Parte reference should be limited to quotations from records
and papers
- Test to determine if public statement is contemptuous: Character
of act done and its direct tendency to prevent and obstruct the
discharge of official duty
- Trial by publicity is prejudicial except when there is no allegation
and proof that judges have been duly influenced
- Lawyer is equally guilty if he induced the client to cause publicity

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

THE FOUR-FOLD DUTIES OF A LAWYER (PER THE CODE OF
PROFESSIONAL RESPONSIBILITY)
LAWYER’S DUTIES TO SOCIETY
Canon 1: Promote and Respect the Law and Legal Process
Canon 2: Provide Efficient And Convenient Legal Services
Canon 3: Information On Legal Services That Is True, Honest, Fair
And Dignified
Canon 4: Support For Legal Reforms And Administration Of Justice
Canon 5: Participate In Legal Education
Canon 6: Canons Apply to Lawyers in Government Service
LAWYER’S DUTIES TO THE LEGAL PROFESSION
Canon 7: Uphold Dignity And Integrity In The Profession
Canon 8: Courtesy, Fairness, Candor Towards Professional
Colleagues
Canon 9: Unauthorized Practice Of Law
LAWYER’S DUTIES TO THE COURTS
Canon 10: Observe Candor, Fairness And Good Faith
Canon 11: Respect Courts And Judicial Officers
Canon 12: Assist In Speedy And Efficient Administration of Justice
Canon 13: Refrain From Act Giving Appearance of Influence
LAWYER’S DUTIES TO THE CLIENT
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 - appointment as counsel de oficio or as amicus curiae, or
rendition of free legal aid.
Rule 14.03 - representation of an indigent client unless:
a) he is in no position to carry out the work effectively or
competently;
b) he labors under a conflict of interest between him and the
prospective client or between a present client and the prospective
client;
Rule 14.04 - person unable to pay, same standard of conduct
governing his relations with paying clients.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND
LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.
Rule 15.01 –conflict with another client or his own interest,
Rule 15.02 - privilege communication
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 - candid and honest opinion on the merits of 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 principles of fairness.
Rule 15.08 - Concurrent Practice of another Profession - make clear
to his client whether he is acting as a lawyer or in another capacity.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND
PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.
Rule 16.01 - A lawyer shall account for all money or property
collected or received for or from the client.
Rule 16.02 - A lawyer shall keep the funds of each client separate
and apart from his own and those of others kept by him.
14
Rule 16.03 - Delivery of Funds - when due or upon demand with
have a lien over the funds to satisfy his lawful fees and
disbursements, judgments and executions.
Rule 16.04 - Borrow unless the client’s interests are fully protected
and lend when he has to advance necessary expenses in a legal
matter he is handling for the client.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT
AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE
REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE
AND DILIGENCE.
Rule 18.01 - not qualified to render unless with the consent of his
client, he can obtain collaborating competent counsel
Rule 18.02 - Adequate preparation.
Rule 18.03 – Negligence on legal matter entrusted to him
Rule 18.04 - Duty to Apprise Client
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL
WITHIN THE BOUNDS OF THE LAW.
Rule 19.01 - A lawyer shall employ only fair and honest means to
attain the lawful objectives of his client and shall not present,
participate in presenting or threaten to present unfounded criminal
charges to obtain an improper advantage in any case or proceeding.
Rule 19.02 - A lawyer who has received information that his client
has, in the course of the representation, perpetrated a fraud
upon a person or tribunal, shall promptly call upon the client to
rectify the same, and failing which he shall terminate the
relationship with such client in accordance with the Rules of Court.
Rule 19.03 - A lawyer shall not allow his client to dictate the
procedure on handling the case.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE
FEES.
Rule 20.01 - A lawyer shall be guided by the following factors in
determining his fees:
a) The time spent and the extent of the services rendered or
required;
b) The novelty and difficulty of the questions involved;
c) The importance of the subject matter;
d) The skill demanded;
e) The probability of losing other employment as a result of
acceptance of the proffered case;
f) f) The customary charges for similar services and the schedule
of fees of the IBP chapter to which he belongs;
g) The amount involved in the controversy and the benefits
resulting to the client form the service;
h) The contingency or certainty of compensation;
i) The character of the employment, whether occasional or
established; and
j) The professional standing of the lawyer.
Rule 20.02 - in cases of referral, with the consent of the client, be
entitled to a division of fees
Rule 20.03 - Fees from other persons not allowed unless with the
full knowledge and consent of the client,
Rule 20.04 - Controversies with Clients - shall be avoided and
resorted only to prevent imposition, injustice of fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND
SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED
Rule 21.01 - When Allowed to reveal the confidences or secrets of
his clientt:
a) When authorized by the client after acquianting him of the
consequences of the disclosure;
b) When required by law;
c) When necessary to collect his fees or to defend himself, his
employees or associates or by judicial action.

Rule 21.02 - Prohibited Disclosures and Use to the disadvantage of
his client.
Rule 21.03 - auditing, statistical, bookkeeping, accounting, data
processing, or any similar purpose needing written consent.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm
to partners or associates thereof unless prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as may be required
to prevent those whose services are utilized by him, from disclosing
or using confidences or secrets of the client.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a
client’s affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted
about a particular case except to avoid possible conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR
GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
CIRTUMSTANCES.
Rule 22.01 -A lawyer may withdraw his services in any of the
following cases:
a) When the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling;
b) When the client insists that the lawyer pursue conduct
violative of these canons and rules;
c) When his inability to work with co-counsel will not promote
the best interest of the client;
d) When the mental or physical condition of the lawyer renders
it difficult for him to carry out the employment effectively;
e) When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;
f) When the lawyer is elected or appointed to public office; and
g) Other similar cases.
Rule 22.02 – withdrawal or is discharge of lawyers, to turn over all
papers and property to which the client is entitled
CHAPTER IV. THE LAWYER AND THE CLIENT
- Nature of attorney-client relationship:
(1) Strictly Personal
(2) Highly confidential
(3) Fiduciary
- Forms of employement
1) Oral
(2) Written
(3) Implied
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.
- Rationale: It is a declared policy of the State to value the dignity of
every human person and guarantee the rights of every individual,
particularly those who cannot afford the services
- Incentives for Giving Free Legal Services
- A lawyer or professional partnerships rendering actual free legal
services shall be entitled to an allowable deduction from the gross
income, the amount that could have been collected for the actual
free legal services rendered or up to 10% of the gross income
derived from the actual performance of legal profession,
whichever is lower. The free legal aid contemplated here is
different from the 60-hr mandatory legal aid services under BM
2012.(RA 9999, Free Legal Assistance Act of 2010)
- Rules of Court, Rule 138, Sec. 20 (i). Duties of attorneys. In the
defense of a person accused of a 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
15
that no person may be deprived of life or liberty but by due
process of law.
Rule 14.02. A lawyer shall not decline, except for serious and
sufficient cause, an appointment as counsel de officio 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.
- Duty to appoint rests upon the judge
- Lawyer cannot decline appointment except for serious and
sufficient cause
- As counsel de officio, to exert his best efforts and professional
ability
- Presiding judge must give the counsel de officio ample
opportunity to examine not only the records of the case but also
to confer with the accused lengthily so that he can properly,
intelligently, and fully represent and defend the interest of the
accused
- For purposes of arraignment, given at least 1 hour to consult with
the accused as to his plea before proceeding with arraignment
- Right to a counsel de officio does no cease upon conviction, if
wanted to appeal, court must still assign a counsel for the
purpose.
- Judges are cautioned not to frequently appoint the same lawyer
as counsel de officio for 2 reasons:
 Unfair to the lawyer concerned saddled with cases
 Compensation
- Accused can refuse counsel de officio
- Amicus curae
 friend of the court is an expert or knowledgable on certain
matters to which judge may be doubtful or might go wrong
 A “friend of the court;” a “bystander” usually a counselor who
interposes or volunteers information upon some matter of
law in regard to which the judge is doubtful or mistaken.
[Agpalo]
 Impartiality of AC must be considered
 AC is not party to the action, he may petition the court for
permission to file brief on behalf of the party, suggest
rationale consistent with his own views
 Briefs may be filed also if accompanied by written consent of
all parties or the request of court
 has no right to interfere or control the condition of the
record, to institute any proceedings therein, cannot assume
the functions of a party and cannot file a pleading in a cause
- Free legal aid on request of IBP must not decline the request
except for serious and sufficient cause. Rendition of free legal aid
is part of lawyer’s bounden duty to society
- Legal aid is not a matter of charity. It is a means for correction of
social imbalance that often lead to injustice
- Lawyer to render free legal aid to destitute upon being assigned
by the judge
- Rules of Court, Rule 138, Sec. 20 (h). Duties of attorneys. It is the
duty of an attorney…never to reject for any consideration
personal to himself the cause of the defenseless or oppressed;
- Rules of Court, Rule 138, Sec. 31. Attorneys 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.

- Counsel de Officio - A counsel, appointed or assigned by the court,
from among such members of the bar in good standing who by
reason of their experience and ability, may adequately defend the
accused.
- Who may be appointed
1. a member of the bar in good standing
2. in localities without lawyers, any person of good repute for
probity and ability
- P.D. 543 (1974) authorized the designation of municipal judges
and lawyers in any branch of the government service to act as
counsel de officio for the accused who are indigent in places
where there are no available practicing lawyers.
- Appointed by court depending on:
1. the gravity of the offense
2. the difficulty of the questions that may arise
3. the experience and ability of the appointee.
- In a criminal action, the court may appoint a counsel de officio in
any of the following instances:
(1) Before arraignment, the court shall inform the accused of his
right to counsel and ask him if he desires to have one. The
court must assign a counsel de officio to defend him, unless
the accused is allowed to defend himself in person, or has
employed counsel of his choice.
(2) It is the duty of the clerk of the trial court, upon filing of a
notice of appeal, to ascertain from the appellant, if
confined in prison, whether he desires the RTC, CA or the
SC to appoint a counsel de officio.
(3) If it appears from the record 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 CA
shall designate a counsel de officio. (Agpalo)
- An appellant who is not confined in prison may, upon request, be
assigned a counsel de officio within 10 days from receipt of the
notice to file brief and he establishes his right thereto. [Sec. 2,
Rule 124, Rules of Court]
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.
- Coverage of the rule – indigent clients who come to lawyer for
legal services, judge may assign free of charge
- Who is an indigent?
(a) a person who has no visible means of income or whose
income is insufficient for the subsistence of his family, to be
determined by the fiscal or judge, taking into account the
members of his family dependent upon him for
subsistence.
(b) an "indigent or low income litigant" shall include anyone
who has no visible means of support or whose income does
not exceed P300 per month or whose income even in
excess of P300 per month is insufficient for the subsistence
of his family [RA 6035]
- RA 6033 - All courts shall give preference to the hearing and/or
disposition of criminal cases where an indigent is involved either
as the offended party or accused.
- RA 6034 - Any indigent litigant may, upon motion, ask the Court
for adequate travel allowance to enable him and his indigent
witnesses to attendant the hearing of a criminal case commenced
16
by his complaint or filed against him. The allowance shall cover
actual transportation expenses by the cheapest means from his
place of residence to the court and back. When the hearing of the
case requires the presence of the indigent litigant and/or his
indigent witnesses in court the whole day or for two or more
consecutive days, allowances may, in the discretion of the Court,
also cover reasonable expenses for meal and lodging.
- RA 6035 - A stenographer who has attended a hearing before an
investigating fiscal or trial judge or hearing commissioner of any
quasi-judicial body or administrative tribunal and has officially
taken notes of the proceeding thereof shall, upon written request
of an indigent or low income litigant, his counsel or duly
authorized representative in the case concerned, give within a
reasonable period to be determined by the fiscal, judge,
commissioner or tribunal hearing the case, a free certified
transcript of notes take by him on the case.
- Only Valid Grounds for Refusal - A lawyer shall not decline, reason
is that one of the burdens of the privilege to practice law which an
attorney voluntarily assumed when he took his oath as a lawyer is
to render, when so required by the court, free legal services to
indigent litigant.
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.
- Same standards of conduct to be employed for client unable to
pay lawyer’s fee since profession is not a money making trade but
noble involvement in the administration of justice
- If a lawyer volunteers his services to a client, and therefore not
entitled to attorney’s fees, nevertheless, he is bound to attend to
a client’s case with all due diligence and zeal. By volunteering his
services, he has established a client-lawyer relationship. [Blanza v.
Arcangel (1967)]
People vs Cawili
- Atty Zapata failed to submit the brief within reglementary period.
Required to explain, he said the client is in state of indigence not
being paid, but also partly assuming the expenses. Court ruled
that failure of counsel to submit entails disciplinary action. At very
least must have informed the difficulties. It is elementary courtesy
to court
American Home vs NLRC
- Extreme poverty of client is not justifiable excuse for the failure to
file motion. It amounts to gross negligence
Canon 15. 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.
- Candor
 give honest opinion on the merit or lack of merit of the case,
 futility of their cause to avoid unnecessary expenses,
 neither overstate or understate the prospects of the case
- Fairness and loyalty

 Inform his prospective client of involvement of another client
or his own interest in the case which will result to conflict of
interest
 Not allowed except with written consent of all concerned
after full disclosure of the facts
- Loyalty
 Keep confidences and secrets of client even after termination
of professional relationship
- Possible involvement in conflicting interests to be disclosed
immediately to prospective clients
Mejia vs Reyes
- Reyes, practicing lawyer was appointed bank attorney and notary
public of PNB. He as well accepted the case of Mejia against PNB.
When Mejia wanted to appeal, Reyes advised him not to. Court
held that lawyers are prohibited from representing conflicting
interest.
- Lawyers shall not place his private interest over and above his
client
- Failure to disclose prior engagement or interest ground to
discharge the attorney
- Preservation of confidences and secrets of clients – preserve even
after the attorney-client relation terminated.
- Exceptions to the prohibition/privilege:
a. When authorized by client
b. Required by law
c. Necessary to collect attorney’s fees or defend himself.
Employees or associates or by judicial action
d. When the client discloses the intention to commit a crime
or unlawful act. (Future crime)
- Privileged communication safeguards the revelation of
confidences and secrets
- Privileged communication - An attorney cannot, without the
consent of his client, be examined as to any communication made
by the client to him or his advice given thereon in the course of
professional employment; nor can an attorney’s secretary,
stenographer, or clerk be examined, without the consent of the
client and his employer, concerning any fact the knowledge of
which has been acquired in such capacity.
- Revised Penal Code, Art. 209. Betrayal of trust by an attorney or
solicitor. - Revelation of Secrets. In addition to the proper
administrative action x x x shall be imposed upon an attorney at
law or solicitor (procurador judicial) who, by any malicious breach
of professional duty or of inexcusable negligence or ignorance,
shall prejudice his client, or reveal any of the secrets of the latter
learned by him in his professional capacity.
- Mere prospective clients are protected
- Requisites of Privileged Communication [Rule 130, Section 24 (b)
of the RRC]:
(1) There is an attorney-client relationship or a kind of
consultancy requirement with a prospective client;
(2) The communication was made by the client to the lawyer in
the course of the lawyer’s professional employment;
(3) The communication must be intended to be confidential.
- Duration of privilege – even after termination of attorney-client
relationship, ceases when client waived or if after his death
waived by his heirs.
- When pleading ceased to be privileged – after pleading has been
filed
- Purpose of the rule
17
 encourage the client to make full disclosure of the facts of the
case to his counsel without fear
 allow lawyer freedom to obtain full information from his
client
- Burden of proof – party who avers that communication is
privileged unless appeared from the document itself
- When not privileged
 Made to a person not a lawyer even if such person
committed himself to render legal services
 Made to lawyer for some other purpose like lease other than
account of lawyer-client relationship or when advice is not
legal
Regala vs Sandiganbayan
- Several ACCRA lawyers were included as defendants in a case filed
by PCGG against Cojuangco. The inclusions was intended to
compel them to reveal the identity of their clients. Court ruled
that lawyers may invoke the privilege and refuse to divulge name
or identity of his client.
- Where disclosure would open the client to civil liability, it is
privileged
- Parties which can invoke privilege
o Client primarily intended to be protected
o Lawyer or client’s employee
o Attorney’s secretary, stenographer, clerk
- Doctrine of imputed knowledge - that an attorney, who has notice
of matter affecting his client, has communicated the same to his
principal in the course of professional dealings. The doctrine
applies regardless of whether or not the lawyer actually
communicated to the client what he learned in his professional
capacity, the attorney and his client being one judicial person.
- For attorney-client privilege to apply, however, the period to be
considered is the date when the privileged communication was
made by the client to the attorney in relation to either a crime
committed in the past or with respect to a crime intended to be
committed in the future (if past, privilege applies; if future, does
not apply). In order that a communication between a lawyer and
his client be privileged, it must be for a lawful purpose or in the
furtherance of a lawful end. [People v. Sandiganbayan (1996)]
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.
- There is conflict of interest when a lawyer represents inconsistent
interests of two or more opposing parties. The test is "whether or
not in behalf of one client, it is the lawyer’s duty to fight for an
issue or claim, but it is his duty to oppose it for the other client. In
brief, if he argues for one client, this argument will be opposed by
him when he argues for the other client." [Hornilla v. Salunat
(2003)]
- General Rule [1]: A lawyer may not represent two opposing
parties at any point in time, need not be the counsel-of-record of
either party, enough that the counsel had a hand in the
preparation of the pleading of one party
- Exception: When the parties agree, and for amicable settlement
[Agpalo]
- Tests to determine conflict of interest (probability, not certainty
of conflict)
(1) When there are conflicting duties
(2) When the acceptance of the new relations invites or actually
lead to unfaithfulness or double-dealing to another client

(3) When the attorney will be called upon to use against his first
client any knowledge acquired in the previous employment
- General Rule [2]: A lawyer must name the identity of all his
clients, when so demanded.
(1) The Court has a right to know that the client whose
privileged information is sought to be protected is flesh and
blood.
(2) The mantle of privileged communication begins to exist only
after the attorney-client relationship has
been established. The privilege does not attach until there is a
client.
(3) The privilege pertains to the subject matter of the
relationship.
(4) Due process considerations require that the opposing party
should know his adversary. (Metaphor: He cannot be
obliged to grope in the dark against unknown forces.)
- Exception: He may refuse to divulge the name or identity of his
client
(1) Where a strong probability exists that revealing the client’s
name would implicate the client in the very activity for
which he sought the lawyer’s advice.
(2) Where disclosure would open the client to civil liability.
(3) Where the government’s lawyers have no case against an
attorney’s client unless by revealing the client’s name, i.e.,
the said name would furnish the only link that would form
the chain of testimony necessary to convict an individual of
a crime.
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.
- protects against influence peddling. Some prospective clients
secure the services of a particular lawyer or law firm precisely
because he can exert a lot of influence on a judge and some
lawyers exact big fees for such influence [Agpalo]
Rule 15.07. A lawyer shall impress upon his client compliance with
the laws and the principles of fairness.
- Civil Code, Art. 19. Every person must in the exercise of his rights
and in the performance of his duties act with justice give
everyone his due and observe honesty and good faith.
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.
- General Rule: Exercise of dual profession is not prohibited but a
lawyer must make it clear when he is acting as a lawyer and when
he is otherwise, especially in occupations related to the practice
of law.
- Reason: certain ethical considerations may be operative in one
profession and not in the other. [Agpalo]
18
Canon 16: A lawyer shall hold in trust all moneys and properties of
his client that may come into his possession.
- Civil Code, Art. 1491. “The following persons cannot acquire or
purchase even at public or judicial auction either in person or
through the mediation of another:
(5) lawyers with respect to the property and rights which
may be the object of any litigation in which they take part
by virtue of their profession.”
- Requisites for 1491 to apply
a. Attorney-client relationship
b. Property or interest is in litigation
c. Attorney takes part as counsel in the case
d. Purchase, acquisition by attorney, by himself or through
another, during pendency of litigation
- Prohibition includes mortgage and assignment
- Article 1491 is not applicable:
a. When attorney is not counsel in case involving the same
property at the time of acquisition.
b. When purchaser is a corporation, even if the attorney was
an officer [Tuazon v. Tuazon, 88 Phil. 42]
c. When sale took place after termination of litigation, except
if there was fraud or abuse of confidential information or
where lawyer exercised undue influence.
d. Where property in question is stipulated as part of
attorney’s fees, provided that, the same is contingent upon
the favorable outcome of litigation and, provided further,
that the fee must be reasonable.
Rule 16.01. A lawyer shall account for all money or property
collected or received for or from the client.
- A lawyer, under his oath, pledges himself not to delay any man for
money or malice and is bound to conduct himself with all good
fidelity to his clients. He is obligated to report promptly the
money of his clients that has come into his possession (otherwise
a violation of Sec. 25, Rule 138 of ROC). He should not commingle
it without his client’s consent. He should maintain a reputation for
honesty and fidelity to private trust. The fact that a lawyer has a
lien for fees on money in his hands would not relieve him from
the duty of promptly accounting for the funds received. [Daroy v.
Legaspi (1975)]
- Money collected by a lawyer in pursuance of a judgment in favor
of his clients is held in trust and must be immediately turned over
to them. [Busiños v. Ricafort (1997)]
Rule 16.02. A lawyer shall keep the funds of each client separate
and apart from his own and those of others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and property to his
client when due or upon demand. However,
(a) he shall have a lien over the funds and
(b) may apply so much thereof as may be necessary to satisfy
his lawful fees and disbursements,
(c) giving notice promptly thereafter to his client. He shall
also have a lien to the same extent on all judgments and
executions he has secured for his client as provided for in
the Rules of Court
- Rules of Court, Rule 138, Sec. 37. Attorney’s liens. An attorney
shall have a lien upon the funds documents and papers of his
client which have lawfully come into his possession and may
retain the same until his lawful fees and disbursements have been
paid and may apply such funds to the satisfaction thereof.

- The failure of an attorney to return the client’s money upon
demand gives rise to the presumption that he has
misappropriated it for his own use to the prejudice of and in
violation of the trust reposed in him by the client.
- Retaining lien. — A right merely to retain the funds, documents
and papers of his client which have lawfully come into his
possession and may retain the same until his lawful fees and
disbursements have been paid.
- The requisites for validity of a retaining lien. –
(1) Attorney-client relationship
(2) Lawful possession by lawyer of the client’s funds,
documents and papers in his professional capacity
(3) Unsatisfied claim for attorney’s fees or disbursements
- Charging lien. — An equitable right to have the fees and lawful
disbursements due a lawyer for his services, secured to him out of
a money judgment.
- The requisites for validity of a charging lien. —
(1) Attorney-client relationship
(2) Attorney has rendered services
(3) Money judgment favorable to the client has been secured
in the action
(4) Attorney has a claim for attorney’s fees or advances
statement of his claim has been duly recorded in the case
with notice thereof served upon the client and adverse
party
Rule 16.04. A lawyer shall not borrow money from his client unless
the client’s interests are fully protected by the nature of the case
or by independent advice. Neither shall a lawyer lend money to a
client except when, in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for the client.
Canon 17. A lawyer owes fidelity to the cause of his client and he
shall be mindful of the trust and confidence reposed in him.
- When a lawyer takes a client’s cause, he thereby covenants that
he will exert all effort for its protection until its final conclusion.
The failure to exercise due diligence and the abandonment of a
client’s cause make such a lawyer unworthy of the trust which the
client has reposed on him. [Cantilller v. Potenciano (1989)]
Canon 18: Serve client with competence and diligence.
Rule 18.02. A lawyer shall not handle any legal matter without
adequate preparation.
- Lawyer should safeguard his client’s rights and interests by
thorough study and preparation; mastering applicable law and
facts involved in a case, regardless of the nature of the
assignment; and keeping constantly abreast of the latest
jurisprudence and developments in all branches of the law.
[Agpalo]
Rule 18.03. A lawyer shall not neglect a legal matter entrusted to
him, and his negligence in connection therewith shall render him
liable.
- actual loss has been caused to his client, actionable. However, for
the lawyer to be held liable, his failure to exercise reasonable
care, skill and diligence must be proximate cause of the loss.
[Callanta]
- Lawyers’ Negligence General Rule: Client is bound by attorney’s
conduct, negligence and mistake in handling case or in
management of litigation and in procedural technique, and he
19
cannot be heard to complain that result might have been
different had his lawyer proceeded differently.
- Exceptions:
(1) Where it results in outright deprivation of client’s liberty or
property or where interest of justice so requires
(2) Where error by counsel is purely technical which does not
affect substantially client’s cause
(3) Ignorance, incompetence or inexperience of lawyer is so
great and error so serious that client, who has good cause
is prejudiced and denied a day in court
(4) Gross negligence of lawyer
(5) Lack of acquaintance with technical part of procedure.
- Some examples of negligence of attorneys. —
(1) Failure of counsel to ask for additional time to answer a
complaint resulting in a default judgment against his client
[Mapua v. Mendoza (1993)].
(2) Failure to bring suit immediately. When the belated suit
was filed, the defendant had already become insolvent and
recovery could no longer be had. The lawyer was declared
liable to the client [Filinvest Land v. (1990)]
(3) Failure to ascertain date of receipt from post office of
notice of decision resulting in the non-perfection of the
appellant’s appeal [Joven-De Jesus v. PNB (1964)].
(4) Failure to file briefs within the reglementary period [People
v. Cawili (1970)]. Failure to attend to trial without filing a
motion for postponement or without requesting either of
his two partners in the law office to take his place and
appear for the defendants [Gaerlan v. Bernal (Jan. 28,
1952)]. Failure to appear at pre-trial [Agravante v. Patriarca
(1990)].
(5) Failure of counsel to notify clients of the scheduled trial
which prevented the latter to look to another lawyer to
represent them while counsel was in the hospital [Ventura
v. Santos (1993)].
(6) Failure to appear simply because the client did not go to
counsel’s office on the date of the trial as was agreed upon
[Alcoriza v. Lumakang, Adm. Case No. 249, (1978)].
(7) Failure to pay the appellate docket fee after receiving the
amount for the purpose [Capulong v. Alino (1968)].
- Instances where the client is not bound by counsel’s negligence
(1) In the case of an irresponsible lawyer who totally forgot
about the case and failed to inform his client of the
decision, the Supreme Court held that the client should not
be bound by the negligence of the counsel. [Republic v.
Arro (1987)]
(2) A party is not bound by the actions of his counsel in case
the gross negligence of the counsel resulted in the client’s
deprivation of his property without due process [Legarda v.
CA (1991)].
(3) “Where there is something fishy and suspicious about the
actuations of the former counsel of petitioners in the case
at bar, in the case he did not give any significance at all to
the processes of the court, which has proven prejudicial to
the rights of said clients, under a lame and flimsy
explanation that the courts processes just escaped his
attention, it is held that the said lawyer deprived his clients
of their day in court [PHHC v. Tiongco (1964)].
(4) Application of the rule, “results in the outright deprivation
of one’s property through a technicality.” [Escudero v.
Dulay (1988)]
(5) In the case of an irresponsible lawyer who totally forgot
about the case and failed to inform his client of the

decision, the Supreme Court held that the client should not
be bound by the negligence of the counsel. [Republic vs.
Arro, et al.,(1987)]
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.
- When a lawyer accepts a case, whether for a fee or not, his
acceptance is an implied representation:
(1) That he possess the requisite degree of academic learning,
skill and ability in the practice of his profession;
(2) That he will exert his best judgment in the prosecution or
defense of the litigation entrusted to him;
(3) That he will exercise reasonable and ordinary care and
diligence in the pursuit or defense of the case; and
(4) That he will take steps as will adequately safeguard his
client’s interests. [Islas v. Platon, 47 Phil. 162]
Rule 18.04. A lawyer shall keep the client informed of the status of
his case and shall respond within a reasonable period of time to
the client’s request for information
Canon 19: A lawyer shall represent his client with zeal within the
bounds of law.
Rule 19.01. A lawyer shall employ only fair and honest means to
attain the lawful objectives of his client and shall not present,
participate in presenting or threaten to present unfounded
criminal charges to obtain an improper advantage
- Rules of Court, Rule 138, Sec. 20(d). Duties of attorneys. It is the
duty of an attorney: to employ for the purpose of maintaining the
causes confided to him such means only as are consistent with
truth and honor and never seek to mislead the judge or any
judicial officer by an artifice or false statement of fact or law.
- Under this Rule, a lawyer should not file or threaten to file any
unfounded or baseless criminal case or cases against the
adversaries of his client designed to secure a leverage to compel
adversaries to yield or withdraw their own cases against the
lawyer’s client. [Pena v Aparicio (2007)]
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.
Rule 19.03. A lawyer shall not allow his client to dictate the
procedure in handling the case.
- Rules of Court, Rule 138, Sec. 23. Authority of attorneys to bind
clients. Attorneys have authority to bind their clients in any case
by any agreement in relation thereto made in writing and in
taking appeals and in all matters of ordinary judicial procedure.
But they cannot, without special authority, compromise their
client's litigation or receive anything in discharge of a client's
claim but the full amount in cash.
- As to substantial matter: Employment itself confers upon the
attorney no implied or apparent authority to bind the client on
substantial matters which the attorney may not impair, novate,
compromise, settle, surrender or destroy without the client’s
consent or authority:
20
(1) Cause of action,
(2) Claim or demand sued upon
(3) Subject matter of the litigation
- As to matters of law: In matters of law, the client should yield to
the lawyer (not the lawyer to the client) for the lawyer is better
trained and skilled in law. Also, proceedings to enforce remedies
are within the exclusive control of the attorney.
- A lawyer should seek instruction from his client on any substantial
matter concerning the litigation which requires decision on the
part of the client (i.e. whether to compromise the case or to
appeal an unfavorable judgment). In procedural matters, the
client must yield to the lawyer. [Agpalo]
Canon 20: A lawyer shall charge only fair and reasonable fees.
- Rules of Court, Rule 138, Sec. 24. Compensation of attorneys. An
attorney shall be entitled to have and recover from his client no
more than a reasonable compensation for his services with a view
to the importance of the subject matter of the controversy the
extent of the services rendered and the professional standing of
the attorney. No court shall be bound by the opinion of attorneys
as expert witnesses as to the proper compensation but may
disregard such testimony and base its conclusion on its own
professional knowledge. A written contract for services shall
control the amount to be paid therefore unless found by the court
to be unconscionable or unreasonable.
- Right to compensation
- In the absence of an express contract [for attorney’s fee],
payment of attorney’s fees may be justified by virtue of the
innominate contract of facio ut des (I do and you give) which is
based on the principle that “no one shall enrich himself at the
expense of another” [Corpuz v. CA (1980)]
- The Counsel if worthy of his hire, is entitled to be fully
recompensed for his services. With his capital consisting solely of
his brains and his skill, acquired at tremendous cost not only in
money but in the expenditure of time and energy, he is entitled to
the protection of any judicial tribunal against any attempt on the
part of a client to escape payment of his fees. [Albano v. Coloma
(1967)]
Rule 20.01 - A lawyer shall be guided by the following factors in
determining his fees:
(1) Time spent and the extent of the services rendered or
required
(2) Importance of the subject matter
(3) Novelty and difficulty of the questions involved;
(4) Skill demanded;
(5) Probability of losing other employment as a result of
acceptance of the professed case;
(6) Professional standing of the lawyer;
(7) Amount involved in the controversy and the benefits
resulting to the client from the service
(8) Customary charges for similar services and the schedule of
fees of the IBP Charter to which he belongs; and
(9) Contingency or certainty of compensation;
(10) Character of the employment, whether occasional or
established.
(11) Capacity of the client to pay.
- Contingency Fee Arrangements
- Quantum Meruit - Means “as much as a lawyer deserves”.
- Quantum Meruit is authorized in the following instances.—
(1) There is no express contract for attorney’s fees agreed upon
between the lawyer and the client;

(2) When although there is a formal contract of attorney’s fees,
the stipulated fees are found unconscionable or
unreasonable by the court;
(3) When the contract for attorney’s fees is void due to purely
formal matters or defects of execution;
(4) When the counsel, for justifiable cause, was not able to finish
the case to its conclusion;
(5) When lawyer and client disregard the contract of attorney’s
fees
(6) When there is a contract but no stipulation as to attorney’s
fees
- Guides in Determining Attorney’s Fees in Quantum Meruit Basis. –
(1) Time spent and Extent of the Services Rendered – A lawyer is
justified in fixing higher fees when the case is so complicated
and requires more time and efforts to finish it.
(2) Importance of Subject Matter – The more important the
subject matter or the bigger value of the interest or property
in litigation, the higher is the attorney’s fee.
(3) Novelty and Difficulty of Questions Involved – When the
questions in a case are novel and difficult, greater efforts,
deeper study and research, are bound to burn the lawyer’s
time and stamina considering that there are no local
precedents to rely upon.
(4) Skill demanded of the Lawyer – The totality of the lawyer’s
experience provides him the skill and competence admired in
lawyers.
- Champertous Contract - One where the lawyer stipulates with his
client the prosecution of the case that he will bear all the
expenses for the recovery of things or property being claimed,
and the latter pays only upon successful litigation. Void for being
against public policy.
- Contingent Contract - It is an agreement in which the lawyer’s fee,
usually a fixed percentage of what may be recovered in the
action, is made to depend upon the success in the effort to
enforce or defend the client’s right. It is a valid agreement. It is
different from a champertous contract in that the lawyer does not
undertake to shoulder the expenses of the litigation.
Rule 20.02. A lawyer shall, in case of referral, with the consent of
the client, be entitled to a division of fees in proportion to the
work performed and responsibility assumed.
21
Rule 20.03. A lawyer shall not, without the full knowledge and
consent of the client, accept any fee, reward, costs, commission,
interest, rebate or forwarding allowances or other compensation
whatsoever related to his professional employment from any one
other than the client.
- Rules of Court, Rule 138, Sec. 20(e). Duties of attorneys. It is the
duty of an attorney… to accept no compensation in connection
with his client's business except from him or with his knowledge
and approval.
- Rationale
o ensures protection of lawyers in collection of fees.
o secure the lawyer’s wholehearted fidelity to the client’s cause
o prevent that situation in which the receipt by him of a rebate
or commission from another in connection with the client’s
cause may interfere with the full discharge of his duty to the
client.
- The amount received by lawyer from opposite party or third
persons in the service of his client belongs to the client except
when the latter has full knowledge and approval of lawyer’s
taking [Agpalo]
Rule 20.04. A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud.
- Judicial actions to recover attorney’s fees
(1) File an appropriate motion or petition as an incident in the
main action where he rendered legal services;
(2) File a separate civil action for collection of attorney’s fees.
- Suits to collect fees should be avoided and only when the
circumstances imperatively require should a lawyer resort to
lawsuit to enforce payment of fees. This is but a logical
consequence of the legal profession not primarily being for
economic compensation. [Agpalo]
- An attorney-client relationship can be created by implied
agreement, as when the attorney actually rendered legal services
for a person who is a close friend. The obligation of such a person
to pay attorney’s fees is based on the law of contracts’ concept of
facio ut des (no one shall unjustly enrich himself at the expense of
others. [Corpuz v. CA (1980)]
- Concept of Attorney’s Fees
o Ordinary Concept - An attorney’s fee is the reasonable
compensation paid to a lawyer for the legal services he has
rendered to a client. The basis of this compensation is the
fact of employment by the client.
o Extraordinary Concept - An attorney’s fee is an indemnity
o for damages ordered by the court to be paid by the losing
party to the prevailing party in a litigation. The basis of this
is any of the cases authorized by law and is payable not to
the lawyer but to the client – unless they have agreed that
the award shall pertain to the lawyer as additional
compensation or as part thereof. [Traders Royal Bank
Employees Union-Independent v. NLRC (1997)]
- Factors of the value [Rule 138, Sec, 24]
(1) Importance of the subject matter of controversy;
(2) Extent of the services rendered; and
(3) Professional standing of the attorney.
- Additionally, the court is not bound by the opinion of attorney’s
as expert witness as to proper compensation and that written
contract shall control the amount paid unless found by the court
to be unconscionable or reasonable.
- Modes of payment

(1) A fixed or absolute fee which is payable regardless of the
result of the case
(2) A contingent fee that is conditioned to the securing of a
favorable judgment and recovery of money or property and
the amount of which may be on a percentage basis
(3) A fixed fee payable per appearance
(4) A fixed fee computed by the number of hours spent
(5) A fixed fee based on a piece of work
(6) A combination of any of the above stipulated fees.
- Compensation to which Lawyer is Entitled Depending on His
Capacity
- Counsel de Parte – He is entitled to a reasonable attorney’s fees
agreed upon or in the absence thereof, on quantum meruit basis.
- Counsel de Officio – The counsel may not demand from the
accused attorney’s fees even if he wins the case. He may however
collect from the government funds if available based on the
amount fixed by the court.
- Rule 138, Sec. 32. Compensation for attorneys de officio. Subject
to availability of funds as may be provided by law the court may,
in its discretion, order an attorney employed as counsel de officio
to be compensated in such sum as the court may fix in accordance
with section 24 of this rule. Whenever such compensation is
allowed, it shall not be less than P30 in any case, nor more than
the following amounts:
(a) P50 in light felonies;
(b) P100 in less grave felonies;
(c) P200 in grave felonies other than capital offenses;
(d) P500 in capital offenses.
- Amicus Curiae – not entitled to attorney’s fees.
- Counsel Cannot Recover Full Amount despite Written Contract
(1) When the services were not performed, and the lawyer
withdrew before the case was finished, he will be allowed
only reasonable fees
(2) When there is justified dismissal of an attorney, the
contract will be nullified and payment will be on quantum
meruit basis
(3) When the stipulated fees are unconscionable
(4) When the stipulated fees are in excess of what is expressly
provided by law
(5) When the lawyer is guilty of fraud or bad faith in the
manner of his employment
(6) When the counsel’s services are worthless because of
negligence
(7) When the contract is contrary to laws, morals, and good
policies
Canon 21. A lawyer shall preserve the confidence and secrets of his
client even after the attorney client relationship is terminated.
- Rules of Court, Rule 138, 20(e). Duties of attorneys.—It is the duty
of an attorney: (e) To maintain inviolate the confidence and at
every peril to himself to preserve the secrets of his client and to
accept no compensation in connection with his client's business
except from him or with his knowledge and approval;
- Rules of Court, Rule 130, Sec. 21(b). Privileged communication. —
An attorney cannot, without the consent of his client, be
examined as to any communication made by the client to him or
his advice given thereon in the course of professional
employment; nor can an attorney's secretary stenographer or
clerk be examined without the consent of the client and his
employer concerning any fact the knowledge of which has been
acquired in such capacity.
22
- Revised Penal Code, Art. 209. Betrayal of trust by an attorney or
solicitor—Revelation of secrets […]attorney-at-law or solicitor
(procurador judicial) who, by any malicious breach of professional
duty or of inexcusable negligence or ignorance, shall prejudice his
client, or reveal any of the secrets of the latter learned by him in
his professional capacity. The same penalty shall be imposed upon
an attorney-at-law or solicitor (procurador judicial) who, having
undertaken the defense of a client or having received confidential
information from said client in a case, shall undertake the defense
of the opposing party in the same case, without the consent of his
first client.
- Duty to preserve client's confidence
(1) Neither attorney nor client nor anyone who stands in a
peculiar relation of confidence with either of them can be
compelled to disclose any privileged communication.
(2) This canon also applies to prospective clients. Formerly, in
order that a communication shall be privileged, the
attorney-client relationship should exist at the time of
communication. But at present, communication made by
prospective client is covered for as long as it is made to the
lawyer in his professional capacity.
- Duration of duty – perpetual
- Exceptions:
(1) Some privileged communications lose their privileged
character by some supervening act done pursuant to the
purpose of the communication (e.g. a communication
intended by the client to be sent to a third person through
his attorney loses confidential character once it reached
the third party).
(2) The privilege against disclosure of confidential
communications or information is limited only to
communications which are legitimately and properly within
the scope of a lawful employment of a lawyer. It does not
extend to those made in contemplation of a crime or
perpetration of a fraud. It is not within the profession of a
lawyer to advise a client as to how he may commit a crime.
Thus, the attorney-client privilege does not attach, there
being no professional employment in the strict sense
- Reason for the rule
(1) This duty exists because unless the client knows that his
attorney cannot be compelled to reveal what is told to him,
he will suppress what he thinks to be unfavorable and the
advice which follows will be useless if not misleading.
(2) The purpose of the attorney-client privilege is to encourage
a client to make full disclosure to his attorney and to place
unestricted confidence in him in matters affecting his rights
or obligations.
- Confidentiality
(1) A confidential communication refers to information
transmitted by voluntary act of disclosure between
attorney and client in confidence and by means which so
far as the client is aware, discloses the information to no
third person other than one reasonably necessary for the
transmission of the information or the accomplishment of
the purpose for which it was given.
(2) There is a difference between confidences and secrets of
clients. While confidences refer to information protected
by attorney-client privilege under the Revised Rules of
Court (information pertinent to the case being handled),
secrets are those other information gained in the
professional relationship that the client has requested to
be held inviolate or the disclosure of which would be

embarrassing or would likely be detrimental to client
(information not exactly pertinent to case).
(3) The intent of client to make communication confidential
must be apparent. But once conveyed to lawyer,
confidentiality attaches not only to statements but also to
other forms of communication.
(4) Embraces not only oral or written statements but actions,
signs or other means of communications.
(5) Communication may be transmitted by any form of agency,
such as a messenger, an interpreter or any other form of
transmission. It is immaterial whether the agent is the
agent of the attorney, the client or both.
- Requisites for Privileged Communication to Attach
(1) The person to whom information is given is a lawyer. No
attorney-client relation when person is not a lawyer, even if
such person undertakes to perform legal services. Exception:
if a person is pretending to be a lawyer and client discloses
confidential communications, the attorney-client privilege
applies.
(2) There is legal relationship existing (may be disregarded for
prospective clients)
(3) Legal advice must be sought from the attorney in his
professional capacity with respect to communications
relating to that purpose. Not privileged if advice is not within
lawyer’s professional capacity
(4) Some privileged communication may lose privileged
character. Client must intend the communication be
confidential.
(5) Question of privilege determined by court. The burden of
proof is on the party who asserts the privilege.
- Persons Entitled to claim Privilege
(1) Generally, the attorney-client privilege covers the lawyer,
client and third persons who by reason of their work have
acquired information about the case being handled. This
includes the following:
(a) attorney’s secretary, stenographer and clerk;
(b) interpreter, messengers, or agents transmitting
communication
(c) an accountant, scientist, physician, engineer who has
been hired for effective consultation.
(2) Assignee of the client's interest may claim the privilege as far
as the communication affects the realization of the assigned
interest.
(3) Identification of client privilege extends when the ff are not
present:
(a) commencement of litigation on behalf of the client,
(b) identification relating to employment of 3rd person,
(c) employment of attorney with respect to future criminal/
fraudulent transaction,
(d) prosecution of a lawyer for a criminal offense
(4) This rule does not cover those kept for custodial purposes
only nor contracts relating to attorney’s fees
- Examples of privileged matters
(1) work product of lawyer (his effort, research and thought
contained in his file)
(2) a report of a physician, an accountant, an engineer or a
technician, whose services have been secured by a client as
part of his communication to his attorney or by the
attorney to assist him render effective legal assistance to
his client
(3) records concerning an accident in which a party is involve
23
(4) consultation which has to do the preparation of a client to
take the witness stand
Rule 21.01. A lawyer shall not reveal the confidence or secrets of
his client except:
(a) When authorized by the client after acquainting him of the
consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his
employees or associates or by judicial action
- Only when client consents will a lawyer be allowed to make use of
said information. Use of said information, whether privileged or
not, is prohibited if it is to the:
(1) disadvantage of the client;
(2) lawyer’s advantage;
(3) advantage of third persons.
- A lawyer may not disclose any information concerning the client’s
case, which he acquired from the client in confidence, other than
what may be necessary to prosecute or defend his client’s cause.
- In fact, loyalty to the court may not override this privilege as said
loyalty involves steadfast maintenance of principles which the
courts themselves have evolved for the effective administration of
justice; one of these principles is that of preservation of client’s
confidence communicated to lawyer in his professional capacity.
- Breach of this fidelity is sufficient to warrant disciplinary sanction
against the lawyer.
- If a lawyer manages to acquire information regarding the
opposing party’s cause, he must withdraw
- Client may not make communications to opposing counsel to
silence him (such communication is not privileged)
- If corporate client, secret of 1 corporate officer may be disclosed
to directors but not to others
- Involves a balancing of loyalties (e.g. client committed perjury,
should lawyer disclose?)
- The Exceptions to the General Rule. – (These exceptions to the
general rule are found in Rule 21.01.)
(1) When authorized by the client after acquainting him of
the consequences of the disclosure
(a) A waiver of the privilege must be made in entirety. Only
the client may waive privilege.
(b) Consent given by client to lawyer’s secretary
(staff/employees) will not give him/her the right to
reveal confidences. Lawyer’s consent is necessary.
(2) When required by law
(a) A lawyer may disclose commission of contemplated
crimes or perpetuation of fraud. For the application of
the privilege to attach, the period to be considered is the
date when the privileged communication was made by
the client to the attorney in relation to either a crime
committed in the past or with respect to a crime
intended to be committed in the future.
(3) When necessary to collect attorney's fees or to defend
himself, his employees or associates or by judicial action
(a) client waives privilege in favor of lawyer who may
disclose so much of client’s confidences as may be
necessary to protect himself or to collect fees
Rule 21.02. A lawyer shall not, to the disadvantage of his client,
use information acquired in the course of employment nor shall he
use the same to his advantage or that of a third person unless the
client with full knowledge of the circumstances consents thereto

Rule 21.03. A lawyer shall not, without the written consent of his
client, give information from his files to an outside agency seeking
such information for auditing, statistical, bookkeeping, accounting,
data processing, or any similar purpose.
- Reason: work and product of a lawyer, such as his effort, research,
and thought, and the records of his client, contained in his files
are privileged matters.
Rule 21.04. A lawyer may disclose the affairs of a client of the firm
to partners or associates thereof unless prohibited by the client.
Rule 21.05. A lawyer shall adopt such measures as may be required
to prevent those whose services are utilized by him from disclosing
or using confidences or secrets of the client.
(a) Professional employment of a law firm is equivalent to
retainer of the members thereof even though only one
partner is consulted. Members of a law firm are considered as
one entity.
(b) The client’s secrets which clerical aids of lawyers learn of in
the performance of their services are covered by privileged
communication.
Rule 21.06. A lawyer shall avoid indiscreet conversation about a
client’s affairs even with members of his family
Rule 21.07 – A lawyer shall not reveal that he has been consulted
about a particular case except to avoid possible conflict of
interests.
- Disclosure and the lawyer's opinion thereon create an attorney-
client relationship, even though the lawyer does not eventually
accept the employment or the prospective client did not
thereafter actually engage the lawyer.
- By the consultation, the lawyer already learned of the secrets of
prospective client as it is not fair if not bound
exceptrepresentation of conflicting interests.
- A lawyer shall not reveal the confidence or secrets of his client
except:
(a) When authorized by the client after acquainting him of the
consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his
employees or associates or by judicial action.
Canon 22. A lawyer shall withdraw his services only for good cause
and upon notice appropriate in the circumstances.
- Termination of Attorney-Client Relation
(1) Withdrawal of lawyer under Rule 22.01
(2) Death of the lawyer
(3) Disbarment or suspension of the lawyer from the practice
of law
(4) Declaration of presumptive death of lawyer
(5) Conviction of a crime and imprisonment of lawyer
(6) Discharge or dismissal of the lawyer by the client
(7) Appointment or election of a lawyer to a government
position which prohibits private practice of law
(8) Death of client
(9) Intervening incapacity or incompetence of the client during
pendency of case
(10) Full termination of the case
- General Rule: The client has the right to terminate at any time
with or without just cause.
- Limitations
24
(1) Client cannot deprive counsel of right to be paid services if
dismissal is without cause
(2) Client cannot discharge counsel as an excuse to secure
repeated extensions of time
(3) Notice of discharge is required for both court and adverse
party
(1) Although a lawyer may withdraw his services when the
client deliberately fails to pay the fees for the services,
withdrawal is unjustified if client did not deliberately fail to
pay [Montano v. IBP (2001)]
Rule 22.01. A lawyer may withdraw his services in any of the
following case:
(1) When the client pursues an illegal or immoral course of conduct
in connection with the matter he is handling;
(2) When the client insists that the lawyer pursue conduct violative
of these canons and rules;
(3) When his inability to work with co-counsel will not promote the
best interest of the client;
(4) When the mental or physical condition of the lawyer renders it
difficult for him to carry out the employment effectively;
(5) When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;
(6) When the lawyer is elected or appointed to public office; and
(7) Other similar cases
Rule 22.02. A lawyer who withdraws or is discharged shall, subject
to a retainer lien, immediately turn over all papers and property to
which the client is entitled, and shall cooperate with his successor
in the orderly transfer of the matter, including all information
necessary for the proper handling of the matter.
- Conditions for the Substitution of Counsel
(1) Written request for substitution
(2) Written consent of client
(3) Written consent of the attorney to be substituted or in the
absence, proof of service of notice of said motion to the
attorney to be substituted
- At the discretion of the court, a lawyer who has been dismissed by
a client is allowed to intervene in a case in order to protect the
client’s rights. [Obando v. Figueras (2000)]