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Lawyer’s Oath
An applicant who has passed the required
examination, or has been otherwise found to be
entitled to admission to the bar, shall take and
subscribe before the Supreme Court the
corresponding oath of office [Sec. 17, Rule 138,
RoC].
The lawyer's oath is not a mere ceremony or
formality for practicing law. Every lawyer should
at all times weigh his actions according to the
sworn promises he makes when taking the
lawyer's oath. If all lawyers conducted
themselves strictly according to the lawyer's
oath and the Code of Professional Responsibility,
the administration of justice will undoubtedly be
faster, fairer and easier for everyone concerned
[In re: Argosino].
I, do solemnly swear that I
will maintain allegiance to the Republic of the
Philippines; I will support the Constitution
and obey the laws as well as the legal orders
of the duly constituted authorities therein; I
will do no falsehood, nor consent to the doing
of any in court; I will not wittingly or willingly
promote or sue any groundless, false or
unlawful suit, nor give aid nor consent to the
same. I will delay no man for money or malice,
and will conduct myself as a lawyer according
to the best of my knowledge and discretion
with all good fidelity as well as to courts as to
my clients; and I impose upon myself this
voluntary obligation without any mental
reservation or purpose of evasion. So help me
God.
Duties and Responsibilities
of a Lawyer under the
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Code of Professional
Responsibility [CPR]
Under the Sec. 20, Rule 138, RoC, it is the duty of
an attorney:
1. To maintain allegiance to the Republic of
the Philippines and to support the Constitution
and obey the laws of the Philippines;
2. To observe and maintain the respect due
to the courts of justice and judicial officers;
3. To counsel or maintain such actions
or proceedings only as appear to him to be just,
and such defenses only as he believes to be
honestly debatable under the law;
4. To employ, for the purpose of maintaining
the causes confided to him, such means only as
are consistent with truth and honor, and never
seek to mislead the judge or any judicial officer
by an artifice or false statement of fact or law;
5. To maintain inviolate the confidence, and
at every peril to himself, to preserve the secrets
of his client, and to accept no compensation in
connection with his client’s business except from
him or with his knowledge and approval;
6. To abstain from all offensive personality
and to advance no fact prejudicial to the honor
or reputation of a party or witness, unless
required by the justice of the cause with which
he is charge;
7. Not to encourage either the
commencement or the continuance of an action
or proceeding, or delay any man’s cause, from
any corrupt motive or interest;
8. Never to reject, for any consideration
personal to himself, the cause of the defenseless
or oppressed;
9. In the defense of a person accused of crime,
by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused,
to present every defense that the law permits, to
the end that no person may be deprived of life
or liberty, but by due process of law.
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Responsibility and Code of Judicial Conduct,

1. To Society (Canons 1-6) Ruben E. Agpalo (2004); hereinafter “Agapalo”]
a. Respect for Law and Legal Grossly Immoral
Processes Immoral Conduct Conduct
Acts that are willful, When it is so corrupt
CANON 1. A lawyer shall uphold the
flagrant, or as to constitute a
Constitution, obey the laws of the land and
shameless, and that criminal act, or so
promote respect for law and legal process.
show a moral unprincipled as to be
indifference to the reprehensible to a
Freedom of speech and of expression, like all
opinion of the upright high degree, or when
constitutional freedoms, is not absolute and that
and respectable committed under
freedom of expression needs on occasion to be
members of the such scandalous or
adjusted to and accommodated with the
community revolting
requirements of equally important public
circumstances as to
interests. One of these fundamental public
shock the
interests is the maintenance of the integrity and
community’s sense of
orderly functioning of the administration of
decency= Penalty of
justice [Zaldivar v. Gonzales, G.R. No. Nos.
disbarment
79690-707 and 80578 (1988)].
[Perez v. Catindig, A.C. No. No. 5816 (2015)]
The responsibility of a ‘public’ lawyer (such as
Special Prosecutor), who owes duties of fidelity
Moral Character is the objective reality of what
and respect to the Republic and to the Supreme
a person really is while good reputation is the
Court as the embodiment and the repository of
opinion of the public generally entertained of a
the judicial power in the government of the
person or the estimate in which he is held by the
Republic, to uphold the dignity and authority of
public where he is known [Royong v. Oblena, A.C.
the Supreme Court and not to promote distrust
No. 376 (1963)]
in the administration of justice is heavier than
that of a private practicing lawyer [Zaldivar v.
Immoral conduct has been defined as that
Gonzales, supra].
conduct which is willful, flagrant, or shameless,
and which shows a moral indifference to the
Rule 1.01. A lawyer shall not engage in
opinion of the good and respectable members
unlawful, dishonest, immoral or deceitful
of the community. For such conduct to warrant
conduct.
disciplinary action, the same must be "grossly
immoral," that is, it must be so corrupt and false
An unlawful conduct is act or omission which is
as to constitute a criminal act or so unprincipled
against the law. It is a transgression of any
as to be reprehensible to a high degree. [Ui v.
provision of law, which need not be penal. [Re:
Bonifacio, A.M. No. 3319 (2000)].
Report on the Financial Audit Conducted on the
Books of Accounts of Atty. Kho A.M, P-06-2177
Examples of Grossly Immoral Acts
(2007)]
• Wanton disregard for the sanctity of
marriage as shown when the lawyer pursued a
Dishonesty involves lying or cheating. It is a
married woman and thereafter cohabited with
disposition to cheat, deceive, defraud.
her [Guevarra v. Eala, A.C. No. No. 7136 (2007)]
[Comments on the Code of Professional

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• Rape of a neighbor’s wife, which
constitutes serious moral depravity, even if his
guilt was not proved beyond reasonable doubt in
the criminal prosecution for rape [Calub v.
Suller, A.C. No. No. 1474 (2000)]
• Obtaining money from a client, without
rendering proper legal services, and
appropriating the proceeds of the insurance
policies of the client’s deceased husband
[Freeman v. Zenaida, A.C. No. 6246 (2011)]
• Falsifying documents [Cobalt Resources,
Inc. v. Aguardo, A.C. No. 10781, (2016)]
• The issuance of checks without sufficient
funds to cover the same. [Aca v. Salvado, A.C.
No. No. 10952, (2016)]
Examples of Acts Not Considered Grossly
Immoral
• Mere intimacy between a man and a
woman, both of whom possess no impediment
to marry, voluntarily carried and devoid of
deceit on the part of the respondent, even if a
child was born out of wedlock of such
relationship; it may suggest a doubtful moral
character but not grossly immoral [Figueroa v.
Barranco, SBC Case No. 519 (1997)]
• Stealing a kiss from a client [Advincula
v. Macabata, A.C. No. No. 7204 (2007)]
• Making sexual advances towards a client,
but stopping right after the client refused such
advances [Roa v Moreno, A.C. No. 8382 (2010)].
• Although siring a child with a woman other
than his legitimate wife constituted immorality,
he committed the immoral conduct when he was
not yet a lawyer. The degree of his immoral
conduct was not as grave than if he had
committed the immorality when already a
member of the Philippine Bar [Advincula v.
Advincula A.C. No. 9226 (2016)].
A lawyer may not be disciplined for failure to pay
her obligation [Toledo v. Abalos, 315 SCRA 419
(1999)], but unwarranted obstinacy in evading
the payment of a debt has been considered as a
gross misconduct. [Constantino v. Saludares, 228
SCRA 233 (1993)].
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Moral turpitude includes everything which is
done contrary to justice, honesty, modesty, or
good morals. It involves an act of baseness,
vileness, or depravity in the private duties which
a man owed his fellowmen, or to society in
general [Barrios v. Martinez, A.C. No. No. 4585
(2004)].
Murder, estafa, rape, violation of Batas
Pambansa Blg. 22 (Bouncing Checks Law),
bribery, bigamy, adultery, seduction, abduction,
concubinage and smuggling, falsification of a
public document, are considered crimes
involving moral turpitude.
In order to hold the lawyer amenable to
disbarment by reason of his or her having
committed a crime involving moral turpitude, it
is not enough to show that there is a pending
case involving moral turpitude against him or her
because Section 27 of Rule 138 expressly
requires that he or she must have been found by
final judgment guilty of the crime involving moral
turpitude. [Interadent Zahntechnik Phil., Inc. v.
Atty. Rebecca S. Francisco-Simbillo, A.C. No.
9464, (2016)]
A lawyer is obligated to promote respect for
legal processes. This includes order of the
commission on Bar Discipline of the IBP. [Lex
Pareto, Bar 2002]
Rule 1.02. A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
lessening confidence in the legal profession.
The promotion of organizations, with knowledge
of their objectives, for the purpose of violating or
evading the laws constitutes to malpractice of
gross misconduct in his office [In re: Terrell, G.R.
No. 1203 (1903)].
The Supreme Court does not claim infallibility; it
will not denounce criticism made by anyone
against the Court for, if well-founded, can truly

SUPPLEMENTARY NOTES FOR MIDTERMS
have constructive effects in the task of the Court,
but it will not countenance any wrongdoing nor
allow the erosion of our people’s faith in the
judicial system, let alone, by those who have
been privileged by it to practice law in the
Philippines [Estrada v. Sandiganbayan, G.R. No.
159486 (2003)].
A lawyer should advise his client to uphold the
law, not to violate or disobey it. Conversely, he
should not recommend to his client any recourse
or remedy that is contrary to law, public policy,
public order, and public morals [Coronel v.
Cunanan, A.C. No. 6738 (2015)].
Rule 1.03. A lawyer shall not, for any corrupt
motive or interest, encourage any suit or delay
any man’s cause.
Barratry or “Maintenance”: the offense of
inciting or stirring up quarrels, litigation or
groundless lawsuits, either at law or otherwise
[Bouvier]
Ambulance-chasing
Unethical practice of inducing personal injury
victims to bring suits. The practice of lawyers in
frequenting hospitals and homes of the injured
to convince them to go to court [Lex Pareto
(2014)]
Accident-site solicitation of any kind of legal
business by laymen employed by an attorney for
the purpose or by the attorney himself.
Supports perjury, the defrauding of innocent
persons by judgments, upon manufactured
causes of actions and the defrauding of injured
persons having proper causes of action but
ignorant of legal rights and court procedure.
A lawyer’s conduct of vindictiveness is a
decidedly undesirable trait especially when one
resorts to using the court not to secure justice
but merely to exact revenge warrants his
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dismissal from the judiciary. [Saburnido v.
Madrono, A.C. No. No. 4497 (2001)]
Ambulance Chasing Barratry
Refers to personal Refers to any action
injury
Refers to cases Refers to suits
brought before
before judicial bodies judicial or non-
judicial bodies
Other prohibited acts include:
• Volunteering advice to bring lawsuits,
except where ties of blood, relationship or trust
make it a duty to do so
• Hunting up defects in titles or other causes
of action in order to be employed to bring suit
or breed litigation [Agpalo (2004)]
Rule 1.04. A lawyer shall encourage his clients
to avoid, end or settle a controversy if it will
admit of a fair settlement.
The function of a lawyer is not only to conduct
litigation but to avoid it where possible, by
advising settlement or withholding suit. He must
act as mediator for compromise rather than an
instigator of controversy and a predator of
conflict [Agpalo (2004)].
It is the duty of a counsel to advise his client,
ordinarily a layman to the intricacies and
vagaries of the law, on the merit or lack of merit
of his case. If he finds that his client's cause is
defenseless, then it is his bounden duty to
advise the latter to acquiesce and submit, rather
than traverse the incontrovertible. A lawyer
must resist the whims and caprices of his client,
and temper his client’s propensity to litigate. A
lawyer's oath to uphold the cause of justice is
superior to his duty to his client; its primacy is
indisputable [Castañeda v. Ago, G.R. No. L-
28546 (1975)]
b. Efficient and Convenient Legal

SUPPLEMENTARY NOTES FOR MIDTERMS
Services
CANON 2. A lawyer shall make his legal services
available in an efficient and convenient manner
compatible with the independence, integrity
and effectiveness of the profession.
Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be
denied to any person by reason of poverty. [Sec.
11, Art. III, 1987 Constitution]
A person in need of legal services should be able
to find a lawyer who is qualified to provide them.
It is the responsibility of the bar to make such
services available [Agpalo (2004)].
Rule 2.01. A lawyer shall not reject, except for
valid reasons, the cause of the defenseless or
the oppressed.
Membership in the bar is a privilege burdened
with conditions. It could be that for some
lawyers, especially the neophytes in the
profession, being appointed counsel de oficio is
an irksome chore. For those holding such belief,
it may come as a surprise that counsel of repute
and of eminence welcome such an opportunity.
It makes even more manifest that law is indeed
a profession dedicated to the ideal of service and
not a mere trade. It is understandable then why
a high degree of fidelity to duty is required of one
so designated. [Ledesma v. Climaco, G.R. No. L-
23815 (1974)]
Legal aid is not a matter of charity. It is a means
for the correction of social imbalance that may
and often do lead to injustice, for which reason
it is a public responsibility of the bar [Sec. 1, Art.
1, IBP Handbook, Guidelines Governing the
Establishment and Operation of the Legal Aid
Office].
(See also Canon 14 below)
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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.
Although no lawyer-client relationship is created
when a lawyer categorically refuses to accept a
case, a lawyer is still bound to give legal advice
to the defenseless and oppressed to protect
their rights.
Advice may be on what preliminary steps to take
until the client has secured the services of
counsel. But he shall refrain from giving legal
advice if the reason for not accepting the case is
that there involves a conflict of interest between
him and a prospective client or between a
present client and a prospective client. [Agpalo
(2004)]
Rule 2.03. A lawyer shall not do or permit to be
done any act designed to primarily solicit legal
business.
A well-known lawyer has been engaged to run a
program in which he encourages indigent party
litigants to consult him free of charge about their
legal problems over a radio and television
network. Has he violated any ethical rules? – YES,
as it involves indirect advertising and solicitation
and is likewise violative of the confidentiality of
lawyer-client relationship. His act may also be
considered as a form of self-praise hence subject
to discipline [In re: Tagorda, G.R. No. 32329,
(1929), cited in Lex Pareto (2014); Linsangan v.
Tolentino, A.C. No. 6672 (2009)].
Law is not a business but a profession. Unlike a
businessman, the lawyer has:
1. Relation to the administration of justice
involving sincerity, integrity and reliability as an
officer of the court
2. Duty of public service;
3. Relation to clients with the highest degree
of fiduciary;
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4. Relation to colleagues at the bar
characterized by candor, fairness and
unwillingness to resort to business methods of
advertising and encroachment on their practice,
or dealing directly with their clients [Agpalo
(2004)]
The practice of soliciting cases at law for the
purpose of gain, either personally or through
paid agents or brokers, constitutes malpractice
[Sec. 27, Rule 138, RoC].
because another lawyer has offered a lower
legal fee. [Lex Pareto (2014)]
This rule prohibits the competition in the matter
of charging professional fees for the purposed of
attracting clients in favor of the lawyer who
offers lower rates. The rule does not prohibit a
lawyer from charging a reduced fee or none at all
to an indigent or to a person who would have
difficulty paying the fee usually charged for such
services [Agpalo (2004)].

A lawyer is not prohibited from engaging in
business or other lawful occupation. Impropriety
arises, though, when the business is of such a
nature or is conducted in such a manner as to be
inconsistent with the lawyer’s duties as a
member of the bar. This inconsistency arises
when the business is one that can readily lend
itself to the procurement of professional
employment for the lawyer; or that can be used
as a cloak for indirect solicitation on the lawyer’s
behalf; or is of a nature that, if handled by a
lawyer, would be regarded as the practice of law
[Villatuya v. Tabalingcos, A.C. No. 6622 (2012)].
c. True, Honest, Fair, Dignified and Objective
Information on Legal Services
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.

The best advertising possible for a lawyer is a Allowable advertisement

well- merited reputation for professional 1. Ordinary simple professional card;
capacity and fidelity to trust, which must be 2. Publication in reputable law list with
earned as the outcome of character and brief biographical and other informative data
conduct. Good and efficient service to a client as which may include:
well as to the community has a way of publicizing a. Name;
itself and catching public attention. That b. Associates;
publicity is a normal by-product of effective c. Address;
service which is right and proper. A good and d. Phone numbers;
reputable lawyer needs no artificial stimulus to e. Branches of law practiced;
generate it and to magnify his success [Ulep v. f. Birthday;
The Legal Clinic, Inc., B.M. No. 553 (1993)]. g. Day admitted to the bar;
h. Schools and dates attended;
Rule 2.04. A lawyer shall not charge rates lower i. Degrees and distinctions;
than those customarily prescribed unless the j. Public or quasi-public offices;
circumstances so warrant. k. Posts of honor;
l. Legal authorships;
Ratio: The practice of law is profession and not a m. Teaching positions;
trade. It is improper to lower your legal rates just n. Associations;
o. Legal fraternities and societies;
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p. References and regularly represented
clients must be published for that purpose [Ulep
v. The Legal Clinic, Inc., supra].
3. Publication of simple announcement of
opening of law firm, change of firm;
4. Listing in telephone directory but not
under designation of special branch of law;
5. If acting as an associate (specializing in a
branch of law), may publish a brief and dignified
announcement to lawyers (law list, law journal);
6. If in media, those acts incidental to his
practice and not of his own initiative;
7. Writing legal articles;
8. Activity of an association for the purpose
of legal representation.
The law list must be a reputable law list
published primarily for that purpose; it cannot
be a mere supplemental feature of a paper,
magazine, trade journal or periodical which is
published primarily for other purposes.
Prohibited Advertisements [Sec. 27, Canon of
Professional Ethics (hereinafter, CPE)]
1. Through touters of any kind whether allied
real estate firms or trust companies advertising
to secure the drawing of deeds or wills;
2. Offering retainers in exchange for
executorships or trusteeships to be influenced
by the lawyer;
3. Furnishing or inspiring newspaper
comments concerning the manner of their
conduct, the magnitude of the interests
involved, the importance of lawyer’s position,
and all other like self-laudation.
A lawyer cannot, without violating the ethics of
his profession, advertise his talents or skills as in
a manner similar to a merchant advertising his
goods. Further, the advertisements of “The Legal
Clinic” seem to promote divorce, secret
marriage, bigamous marriage, and other
circumventions of law which their experts can
facilitate, that are highly reprehensible [Ulep v.
The Legal Clinic, supra].
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A lawyer may not properly publish his brief
biographical and informative data in a daily
paper, magazine, trade journal or society
program in order to solicit legal business. A paid
advertisement in the newspaper which reads,
“Annulment of Marriage Specialist” is also
prohibited [Khan v. Simbillo, A.C. No. 5299
(2003)].
The use of a card containing “As a notary public,
he can execute for you a deed of sale, can renew
lost documents and can make your application
for homestead and execute any kind of affidavit.
As a lawyer, he can help you collect your loans as
well as any complaint for or against you.” is a
form of prohibited advertisement. [In re:
Tagorda, supra].
In the last analysis, where to draw the line is a
question of good faith and good taste.
Entering into other businesses
For it to constitute as inconsistent with the
lawyer’s profession, it is advisable that they be
entirely separate and apart such that a layman
could distinguish between the two functions.
The lawyer must make it clear to his client
whether he is acting as a lawyer or in another
capacity.
Rule 3.02. In the choice of a firm name, no false,
misleading or assumed name shall be used. The
continued use of the name of a deceased
partner is permissible provided that the firm
indicates in all its communications that said
partner is deceased.
The 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 [Agpalo (2004)].
Ratio: All partners by their joint efforts over a
period of years contributed to the goodwill
attached to the firm name, and the removal of

SUPPLEMENTARY NOTES FOR MIDTERMS
the deceased partner’s name disturbs the client
goodwill built through the years.
Firms may not use misleading names showing
association with other firms to purport legal
services of highest quality and ties with
multinational business enterprise especially
when such firm attached as an associate cannot
legally practice law in the Philippines [Dacanay
v. Baker and McKenzie, A.C. No. 2131 (1985)].
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.
Purpose: To prevent the law firm from using his
name to attract legal business and to avoid
suspicion of undue influence.
A civil service officer or employee whose duty
or responsibility does not require his entire time
to be at the disposal of the government may not
engage in the private practice of law without the
written permit from the head of the department
concerned [Agpalo (2004)].
It is unlawful for a public official or employee to,
among others, engage in the private practice of
their profession, unless authorized by the
Constitution or law, provided that such practice
will not conflict or tend to conflict with official
functions. The inclusion or retention of the
public official’s name in the professional card
constitutes as a unlawful continuance of
engagement in private practice. [Samonte v.
Gatdula, A.M. No. P-99-1292 (1999)].
Absolute and relative prohibition of public
officials from practice of law when any of those
absolutely prohibited officials is
appointed/elected/qualified, he ceases, as a
general rule, to engage in the private practice of
law and his right to practice is suspended during
his tenure in office.
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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.
Purpose: To prevent some lawyers from gaining
an unfair advantage over others through the use
of gimmickry, press agentry or other artificial
means.
This rule prohibits making indirect publicity
gimmick, such as furnishing or inspiring
newspaper comments, procuring his photograph
to be published in connection with cases which
he is handling, making a courtroom scene to
attract the attention of newspapermen, or
arranging for the purpose an interview with him
by media people [Agpalo 2004].
It is bad enough to have such undue publicity
when a criminal case is being investigated by the
authorities, even when it is being tried in court;
but when said publicity and sensationalism is
allowed, even encouraged, when the case is on
appeal and is pending consideration by this
Tribunal, the whole thing becomes inexcusable,
even abhorrent, and this Court, in the interest of
justice, is constrained and called upon to put an
end to it and a deterrent against its repetition by
meting an appropriate disciplinary measure,
even a penalty to the one liable [Cruz v. Salva,
G.R. No. L-12871 (1959)].
d. Participation in the Improvement of and
Reforms in the Legal System
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.
This is a duty that flows from the lawyer’s sense
of public responsibility [Agpalo (2004)].
Examples:

SUPPLEMENTARY NOTES FOR MIDTERMS
• Presenting position papers or
resolutions for the introduction of pertinent bills
in Congress;
• Submitting petitions to the Supreme
Court for the of the RoC.
• Writing legal publications or books as an
avenue of improving the legal system
The Misamis Oriental Chapter of the IBP was
commended by the Supreme Court when it
promulgated a resolution requesting the IBP’s
National Committee on Legal Aid to ask for the
exemption from the payment of filing, docket
and other fees of clients of the legal aid offices
in the various IBP chapters [Re: Request of NCLA
to Exempt Legal Aid Clients from Paying Filing,
Docket and Other Fees (2009)].
e. Participation in Legal Education Program
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.
Purpose: The lawyer’s life is one of continuous
and laborious study; otherwise, his skill and
knowledge of law and related disciplines will lag
behind and become obscure due to
obsoleteness.
Mandatory Continuing Legal Education
[hereinafter, MCLE] Program
A program which requires lawyers to show proof
of having undertaken improvement in their
knowledge as a precondition for renewing their
license to practice [Lex Pareto (2014)]
There is no doubt that Atty. Flores failed to obey
the trial court’s order to submit proof of his
MCLE compliance notwithstanding the several
opportunities given him. Court orders are to be
respected not because the judges who issue
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them should be respected, but because of the
respect and consideration that should be
extended to the judicial branch of the
Government. Disrespect to judicial incumbents is
disrespect to that branch the Government to
which they belong, as well as to the State which
has instituted the judicial system [Rodriguez-
Manahan v. Flores, A.C. No. No. 8954 (2013)].
Atty. Echanez’s acts of: (a) not complying with
two MCLEs for two compliance periods; (b)
repeatedly indicating false MCLE compliance
numbers in his pleadings before the trial courts;
and, (c) repeatedly failing to obey legal orders of
trial court, IBP Commission on Bar Discipline and
also the Supreme Court despite due notice,
taken together, constitute serious cases that
merits disbarment. [Mapalad vs. Atty. Echanez;
A.C. No. 10911 (2017)].
f. Applicability to Government
Lawyers
CANON 6. These canons shall apply to lawyers
in government service in the discharge of their
official duties.
Generally speaking, a lawyer who holds a
government office may not be disciplined as a
member of the Bar for misconduct in the
discharge of his duties as a government official.
However, if said misconduct as a government
official also constitutes a violation of his oath as
a lawyer, then he may be disciplined by this
Court as a member of the Bar… A member of the
Bar who assumes public office does not shed his
professional obligations. Hence, the CPR… was
not meant to govern the conduct of private
practitioners alone, but all lawyers including
those in government service. This is clear from
Canon 6 of said Code. Lawyers in government are
public servants who owe the outmost fidelity to
the public service. Thus, they should be more
sensitive in the performance of their
professional obligations, as their conduct is

SUPPLEMENTARY NOTES FOR MIDTERMS
subject to the ever-constant scrutiny of the
public. [Vitriolo v. Dasig, A.C. No. 4984 (2003)].
Lawyers in government service should be more
conscientious with their professional
obligations consistent with the time-honored
principle of public office being a public trust. The
ethical standards under the CPR are rendered
even more exacting as to government lawyers
because they have the added duty to abide by
the policy of the State to promote a high
standard of ethics, competence, and
professionalism in public service [Liang Fuji vs.
Gemma Armi M. Dela Cruz, A.C. No. 11043
(2017)].
May a former government lawyer appear in a
case against the government? – YES, he may
appear in a case unless there is a specific ethical
rule or provision of law which prohibits him from
doing so [Lex Pareto (2014)].
When may a former government lawyer be
prohibited from accepting a legal engagement?
• A lawyer shall not after leaving the
government service accept engagement or
employment in connection with any matter in
which he had intervened while in said service;
• Retired members of the judiciary
receiving pensions form the government should
not practice law where the government is the
adverse party or in a criminal case involving a
government employee in the performance of his
duties as such [Lex Pareto (2014)].
Sec. 4, R.A. No. 6713 provides the norms of
conduct of public officials and employees.
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.
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A public prosecutor is a quasi-judicial officer with
the two-fold aim which is that guilt shall not
escape or innocence suffers. He should not
hesitate to recommend to the court the acquittal
of an accused if the evidence in his possession
shows that the accused is innocent [Agpalo
(2004)].
In criminal cases, a public prosecutor should
be present for the following reasons:
1. To protect the interest of the State (As
the criminal case is in reality a crime against the
State);
2. To see to it that justice is done (Rule 6.01)
Naturally, the private prosecutor is interested
only to convict the accused. However, the
primary duty of the public prosecutor is not to
convict, but to see that justice is done [Lex
Pareto (2014)].
A prosecuting attorney, by the nature of his
office, is under no compulsion to file a particular
criminal information where he is not convinced
that he has evidence to prop up the averments
thereof, or that the evidence at hand points to a
different conclusion. This is not to discount the
possibility of the commission of abuses on the
part of the prosecutor. But we must have to
recognize that a prosecuting attorney should
not be unduly compelled to work against his
conviction. In case of doubt, we should give him
the benefit thereof. A contrary rule may result in
our courts being unnecessarily swamped with
unmeritorious cases. Worse still, a criminal
suspect's right to due process - the sporting idea
of fair play - may be transgressed. So it is, that in
People vs. Sope, this Court made the
pronouncement that "[i]t is very logical that the
prosecuting attorney, being the one charged
with the prosecution of offenses, should
determine the information to be filed and
cannot be controlled by the offended party."
[People v. Pineda, G.R. No. L-26222 (1967)]

SUPPLEMENTARY NOTES FOR MIDTERMS
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.
A lawyer should not use his position to feather
his private law practice and accept any private
legal business that may conflict with his official
duties. In case of conflict, he should terminate
his professional relationship, and his official
duties must prevail [Agpalo (2004)].
Government employees are expected to devote
themselves completely to public service. For
this reason, the private practice of profession is
prohibited. Lawyers in government service
cannot handle private cases for they are
expected to devote themselves full- time to the
work of their respective offices [Ramos v.
Imbang, A.C. No. 6788 (2007)].
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.
How government lawyers may leave
government service:
1. Retirement;
2. Resignation;
3. Expiration of the term of office;
4. Abandonment;
5. Dismissal
General rule: Practice of profession is allowed
immediately after leaving public service.
Exceptions: The lawyer cannot practice as to
matters with which he had connection during his
term. This prohibition lasts:
• For one year, if he had not intervened;
• Permanently, if he had intervened.
The “matter” contemplated are those that are
adverse-interest conflicts (substantial
relatedness and adversity between the
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government matter and the new client’s matter
in interest) and congruent-interest
representation conflicts (prohibits lawyers from
representing a private practice client even if the
interests of the former government client and
the new client are entirely parallel).
“Intervention” should be significant and
substantial which can or have affected the
interest of others (i.e. an act of a person has the
power to influence the subject proceedings)
[PCGG v. Sandiganbayan, G.R. No. Nos. 151809-
12 (2005)].
Sec. 7 of R.A. No. 6713 generally provides for
the prohibited acts and transactions of public
officials and employees. Sec. 7(b)(2) prohibits
them from engaging in the private practice of
their profession during their incumbency. As an
exception, a public official or employee can
engage in the practice of his or her profession
under the following conditions: first, the private
practice is authorized by the Constitution or by
the law; and second, the practice will not
conflict, or tend to conflict, with his or her official
functions. The prohibitions continue to apply for
a period of one year after the public official or
employee’s resignation, retirement, or
separation from public office, except for the
private practice of profession under subsection
(b)(2), which can already be undertaken even
within the one-year prohibition period. As an
exception to this exception, the one-year
prohibited period applies with respect to any
matter before the office the public officer or
employee used to work with. [Query of Karen
Silverio-Buffe, A.M. No. 08-6-352-RTC (2009)].
Sec. 3(d) of R.A. No. 3019 (Anti-Graft and
Corrupt Practices Act) also considers it an
unlawful and corrupt practice for a public official
to accept or have any member of his family
accept employment in a private enterprise
which has pending official business with him
during the pendency of his office or within one
year after its termination.

SUPPLEMENTARY NOTES FOR MIDTERMS
In the case of Pasay Law and Conscience Union,
Inc. v. Paz, a former Legal Officer and Legal
Prosecutor of PARGO who participated in the
investigation of the Anti-Graft case against
Mayor Pablo Cuneta later on acted as counsel for
the said Mayor in the same anti- graft case. The
Court found the said counsel guilty of
representing clients with conflicting interest and
suspended him from the practice of law for 2
months [A.M. No. 1008 (1980)].
2. To the Legal Profession
(Canons 7-9)
a. Integrated Bar of the
Philippines (Rule 139-A)
Bar Integration
The Supreme Court may adopt rules of court to
effect the integration of the Philippine Bar under
such conditions as it shall see fit in order to
raise the standards of the legal profession
improve the administration of justice and enable
the bar to discharge its public responsibility
more effectively. [Sec. 1, R.A. No. 6397 (An Act
Providing for the Integration of the Philippine
Bar, and Appropriating Funds Therefor)].
Integration does not make a lawyer a member of
any group of which he is not already a member.
He became a member of the Bar when he passed
the Bar Examinations. All that integration
actually does is to provide an official national
organization for the well- defined but
unorganized and uncohesive group of which
every lawyer is already a member [In the matter
of the Integration of the Bar of the Philippines,
(1973)].
The IBP is essentially a semi-governmental
entity, a private organization endowed with
certain governmental attributes. While it is
composed of lawyers who are private
individuals, the IBP exists to perform certain vital
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public functions and to assist the government
particularly in the improvement of the
administration of justice, the upgrading of the
standards of the legal profession, and its
proper regulation.
The basic postulate of the IBP is that it is non-
political in character and that there shall be
neither lobbying nor campaigning in the choice
of the IBP Officers. The fundamental assumption
is that the officers would be chosen on the basis
of professional merit and willingness and ability
to serve. The ardor with which the candidates
pursued the presidency of the association
detracted from the dignity of the legal
profession. The spectacle of lawyers bribing or
being bribed to vote did not uphold the honor of
the profession nor elevate it in the public’s
esteem [In re: 1989 Elections of the IBP, A.M.
No. 491 (1989)].
General Objectives of the IBP
1. To elevate the standards of the legal
profession;
2. To improve the administration of justice;

3. To enable the bar to discharge its public
responsibility more effectively [Sec. 2, IBP By-
Laws].
Purposes of the IBP
1. To assist in the administration of justice;
2. To foster and maintain on the part of its
members high ideals of integrity, learning,
professional competence, public service and
conduct;
3. To safeguard the professional interest of
its members;
4. To cultivate among its members a spirit
of cordiality and brotherhood;
5. To provide a forum for the discussion of
law, jurisprudence, law reform, pleading,
practice and procedure, and the relations of the
bar to the bench and to the public, and publish
information relating thereto;
6. To encourage and foster legal education;

SUPPLEMENTARY NOTES FOR MIDTERMS
7. To promote a continuing program of
legal research in substantive and adjective law,
and make reports and recommendations
thereon. [Sec. 2, IBP By-Laws]
i. Membership and Dues
Sec. 9, Rule 139-A. Membership Dues. – Every
member of the IBP shall pay such annual dues as
the Board of Governors shall determine with the
approval of the Supreme Court. A fixed sum
equivalent to 10% of the collection from each
Chapter shall be set aside as a Welfare Fund for
disabled members of the Chapter and the
compulsory heirs of deceased members thereof.
Sec. 10, Rule 139-A. Effect of non-payment of
dues.
– Subject to the provisions of Sec. 12 of this Rule,
default in the payment of annual dues for 6
months shall warrant suspension of membership
in the IBP, and default in such payment for 1
year shall be a ground for the removal of the
name of the delinquent member from the Roll of
Attorneys.
A membership fee in the IBP is an exaction for
regulation, while the purpose of a tax is revenue.
If the Court has inherent power to regulate the
bar, it follows that as an incident to regulation,
it may impose a membership fee for that
purpose. It would not be possible to push
through an Integrated Bar program without
means to defray the concomitant expenses. The
doctrine of implied powers necessarily includes
the power to impose such an exaction [In the
matter of the IBP, supra].
A lawyer can engage in the practice of law only
by paying his dues, and it does not matter if his
practice is “limited.” The exemption granted to
senior citizens in R.A. No. 7432 (Seniors Citizen
Act) does not include payment or membership or
association dues [Santos v. Llamas, A.C. No.
4749 (2000)].
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In a case involving a Filipino lawyer staying
abroad, the Supreme Court said that there is
nothing in the law or rules, which allows his
exemption from payment of membership dues.
At most, he could have informed the Secretary of
the IBP of his intention to stay abroad before he
left. In such case, his membership in the IBP
could have been terminated and his obligation to
pay dues discontinued [Letter of Atty. Arevalo,
B.M. No.1370 (2005)].
b. Upholding the Dignity and Integrity of the
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.
The bar has to maintain a high standard of legal
proficiency, honesty, and fair dealing to be an
effective instrument in the proper
administration of justice. In order to do so, it is
necessary that every lawyer should strive to
uphold the honor and dignity of the legal
profession and to improve not only the law, but
the the administration of justice as well [Agpalo
(2004)]
A lawyer should actively support the activities of
the IBP and not limit himself to paying dues
[Agpalo (2004)].
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.
A lawyer must be a disciple of truth. While a
lawyer has the solemn duty to defend his client’s
rights and is expected to display the utmost zeal
in defense of his client’s cause, his conduct must
never be at the expense of truth [Young v.
Batuegas, A.C. No. 5379 (2003)].
A student aspiring to be a lawyer must study and
observe the duties and responsibilities of a

SUPPLEMENTARY NOTES FOR MIDTERMS
lawyer. He cannot claim that the CPR does not
apply to him [Agpalo (2004)].
Penalties for knowing suppression or false
representation of a material fact in the
application for admission to the bar:
1. Disqualification of the applicant from
taking the bar, if the concealment is discovered
before he takes the bar examinations;
2. Prohibition from taking the lawyer’s oath,
if the concealment is discovered after the
candidate has taken the bar examinations;
3. Revocation of license to practice, if
the concealment was discovered after he has
taken his lawyer’s oath [In re: Petition to Take
the Lawyer’s Oath, Caesar Z. Distrito, petitioner,
B.M. No. 1209 (2003)].
If what the applicant concealed is a crime which
does not involve moral turpitude, it is the fact of
concealment and not the commission of the
crime itself that makes him morally unfit to
become a lawyer. It should be noted that the
application was made under oath, which he
lightly took when he made the concealment [In
re: Petition to Take the Lawyer’s Oath, Caesar Z.
Distrito, petitioner, supra].
Rule 7.02. A lawyer shall not support the
application for admission to the bar of any
person known by him to be unqualified in
respect to character, education, or other
relevant attribute.
A lawyer should volunteer information or
cooperate in any investigation concerning
alleged anomaly in the bar examination so that
those candidates who failed therein can be
ferreted out and those lawyers responsible
therefor can be disbarred [In re: Parazo, G.R. No.
82027 (1948)].
A lawyer should not readily execute an affidavit
of good moral character in favor of an applicant
who has not live up to the standard set by law
[Agpalo (2004)].
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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.
Public confidence in the law and in lawyers may
be eroded by the irresponsible and improper
conduct of a member of the bar. Every lawyer
should act and comport himself in a manner
that promotes public confidence in the integrity
of the legal profession [Catu v. Rellosa, supra.].
There is no distinction as to whether the
transgression is committed in the lawyer’s
professional capacity or in his private life or in his
private transaction because a lawyer may not
divide his personality so as to be an attorney at
one time and a mere citizen at another. The
moral turpitude for which an attorney may be
disbarred may consist of misconduct in either his
professional or non- professional activities, in his
professional and private capacity. [Royong v.
Oblena, A.C. No. No 376 (1963); In Re: Pelaez,
(1923)].
Respondent’s act of allowing the use of a forged
signature on a petition she prepared and
notarized demonstrates a lack of moral fiber on
her part. [Velasco-Tamaray v. Daquis, A.M. No.
10868, (2016)].
Keeping a mistress, entering into another
marriage while a prior one still subsists, as well
as abandoning and mistreating complainant and
their children, show his disregard of family
obligations, morality and decency, the law and
the lawyers oath. Such gross misbehavior over a
long period of time clearly shows a serious flaw
in respondent’s character, his moral indifference
to scandal in the community, and his outright
defiance of established norms. All these could
not but put the legal profession in disrepute and
place the integrity of the administration of
justice in peril, hence the need for strict but

SUPPLEMENTARY NOTES FOR MIDTERMS
appropriate disciplinary action [Tapucar v.
Tapucar, A.C. No. 4148, (1998)].
Considering the length of time the affair lasted,
it cannot be a mere moment of indiscretion.
Florendo had an illicit relationship with a married
woman who was not his wife but that of his
client. This shows his disrespect for the laws on
the sanctity of marriage and his own marital vow
for fidelity. He also violated the trust and
confidence Tiong reposed on him. [Tiong v.
Florendo A.C 4428, (2011)]
Whether a lawyer’s sexual congress with a
woman not his wife or without the benefit of
marriage should be characterized as grossly
immoral conduct depends on the surrounding
circumstances. The case at bar involves a
relationship between a married lawyer and a
married woman who is not his wife. It is
immaterial whether the affair was carried out
discreetly [Guevarra v. Eala, A.C. No. 7136
(2007)].
(See also Rule 1.01 above)
c. Courtesy, Fairness and Candor toward
Professional Colleagues
CANON 8. A lawyer shall conduct himself with
courtesy, fairness and candor toward his
professional colleagues, and shall avoid
harassing tactics against opposing counsel.
Lawyer don’ts:
1. Take advantage of the excusable
unpreparedness or absence of counsel during
the trial of a case;
2. Make use, to his or to his client’s benefit,
the secrets of the adverse party acquired
through design or inadvertence;
3. Criticize or impute ill motive to the lawyer
who accepts what in his opinion is a weak case;
4. Proceed to negotiate with the client of
another lawyer to waive all kinds of claim when
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the latter is still handling the civil case [Camacho
v. Pangulayan, A.C. No. 4807 (2000)].
5. Steal another lawyer’s client;
6. Induce a client to retain him by promise of
better service, good result or reduced fees for

his services;
7. Disparage another lawyer, make
comparisons or publicize his talent as a means to
further his law practice;
8. In the absence of the adverse party’s
counsel, interview the adverse party and
question him as to the facts of the case even if
the adverse party was willing;
9. Sanction the attempt of his client to settle
a litigated matter with the adverse party
without the consent nor knowledge of the
latter’s counsel.
Lawyers should treat their opposing counsels
and other lawyers with courtesy, dignity and
civility. Any undue ill feeling between clients
should not influence counsels in their conduct
and demeanor toward each other. Mutual
bickering, unjustified recriminations and
offensive behavior among lawyers not only
detract from the dignity of the legal
profession, but also constitute highly
unprofessional conduct subject to disciplinary
action [Reyes v. Chiong, A.C. No. 5148 (2003)].
Rule 8.01. A lawyer shall not, in his professional
dealings, use language, which is abusive,
offensive or otherwise improper.
A lawyer’s language should be forceful but
dignified, emphatic but respectful, as befitting
an advocate and in keeping with the dignity of
the legal profession [Surigao Mineral
Reservation Board v. Cloribel, G.R.No. L-27072,
(1970)].
The lawyer’s arguments, whether written or oral
should be gracious to both the court and
opposing counsel, and should be of such words
as may be properly addressed by one gentleman

SUPPLEMENTARY NOTES FOR MIDTERMS
to another [National Security Co. v. Jarvis, 278
US 610 (1928) as cited in Agpalo (2004)].
A lawyer should treat the opposing counsel and
his brethren in the law profession with courtesy,
dignity, and civility. They may do as adversaries
do in law: strive mightily but eat and drink as
friends [Valencia v. Cabanting, A.M. No. 1302
(1991)].
The Court recognizes the adversarial nature of
our legal system which has necessitated lawyers
to use strong language in advancement of the
interest of the clients. However, as members of
a noble profession, lawyers are always
impressed with the duty to represent their
client’s cause, or as in this case, to represent a
personal matter in court, with courage and zeal
but that should not be used as a license for the
use of offensive and abusive language. In
maintaining the integrity and dignity of the legal
profession, a lawyer’s language – spoken or in his
pleadings – must be dignified. [Sanchez v.
Aguilos, A.C. No. 10543 (2016)].
Examples of Improper Language
• Behaving without due regard for the trial
court and the opposing counsel and threatening
the court that he would file a petition for
certiorari [Bugaring v. Espanol, G.R. No. 133090
(2001)]
• Calling an adverse counsel as “bobo” or
using the word “ay que bobo” in reference to the
manner of offering evidence [Castillo v. Padilla,
A.C. No. 2339 (1984)].
• Stating that “justice is blind and also “deaf
and dumb”” [In Re: Almacen, G.R. No. L-27654
(1970)].
• Stating that the demand from a former
client’s counsel should be treated “as a mere
scrap of paper or should have been addressed by
her counsel… to the urinal project of the
MMDA where it may service its rightful purpose”
[Sanchez v. Aguilos, supra].
• Calling complainant a "quack doctor,"
"Reyna ng Kaplastikan," "Reyna ng Payola," and
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"Reyna ng Kapalpakan," and insinuating that she
has been bribing people to destroy respondent
smacks of bad faith and reveals an intention to
besmirch the name and reputation of
complainant, as well as BMGI. Respondent also
ascribed criminal negligence upon complainant
and BMGI by posting that complainant disfigured
("binaboy") his client Norcio, labeling BMGI a
"Frankenstein Factory," and calling out a boycott
of BMGI's services — all these despite the
pendency of the criminal cases that Norcio had
already filed against complainant. He even
threatened complainant with conviction for
criminal negligence and estafa — which is
contrary to one's obligation "to act with justice"
[Ma. Victoria G. Belo-Henares vs. Atty. Roberto
“Argee” Guevarra, A.C. No. 11394, (2016)].
Lack or want of intention is no excuse for the
disrespectful language employed. Counsel
cannot escape responsibility by claiming that his
words did not mean what any reader must have
understood them as meaning [Rheem of the
Philippines v Ferrer, G.R. No. L-22979 (1967)].
Exceptions
• Utterances made out of impulse in the
course of an argument may be forgiven and
should not be penalized [Cruz v. Cabrera, AC.
5737, (2004)].
• Statements made in the course of
judicial proceedings are absolutely privileged
regardless of defamatory tenor and malice
provided it is relevant, pertinent or material to
the cause of the subject or inquiry [Tolentino v
Baylosis, G.R. No. 15742, (1961)].
Rule 8.02. A lawyer shall not, directly or
indirectly, encroach upon the professional
employment of another lawyer; however, it is
the right of any lawyer, without fear or favor,
to give proper advice and assistance to those
seeking relief against unfaithful or neglectful
counsel.
A lawyer may:

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1. Accept employment to handle a matter
previously handled by another lawyer:
a. Provided the other lawyer has been given
notice of termination of service, lest it amounts
to an improper encroachment upon the
professional employment of the original counsel
[Laput v. Remotigue, A.M. No. 219 (1962)]; or
b. In the absence of a notice of termination
from the client, provided he has obtained the
conformity of the counsel whom he would
substitute; or
c. In the absence of such conformity, a lawyer
must at least give sufficient notice to original
counsel so that original counsel has the
opportunity to protect his claim against the
client.
2. Give advice or assistance to any person who
seeks relief against an unfaithful or neglectful
lawyer;
3. Associate as a colleague in a case, provided
he communicate with the original counsel before
making an appearance as co-counsel:
a. Should the original lawyer object, he should
decline association but if the original lawyer is
relieved, he may come into the case; or
b. Should it be impracticable for him, whose
judgment has been overruled by his co- counsel
to cooperate effectively, he should ask client to
relieve him.
A person without a retained lawyer is a
legitimate prospective client for any lawyer. But,
as soon as he had retained one and had not
dismissed said counsel, efforts on the part of
another lawyer to take him as client constitutes
as encroachment of employment.
A lawyer is encroaching when:
• Promises a better service
• Lowers attorney’s fees
• Downgrades the qualifications or services
of the first attorney
Although aware that the students were
represented by counsel, respondent attorney
proceeded, nonetheless, to negotiate with them
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and their parents without at the very least
communicating the matter to their lawyer,
herein complainant, who was counsel of record
in Civil Case No. Q-97-30549. This failure of
respondent, whether by design or because of
oversight, is an inexcusable violation of the
canons of professional ethics and in utter
disregard of a duty owing to a colleague.
Respondent fell short of the demands required
of him as a lawyer and as a member of the Bar
[Camacho v. Pagulayan, A.C. No. 4807].
d. No Assistance in Unauthorized
Practice of Law
CANON 9. A lawyer shall not, directly or
indirectly, assist in the unauthorized practice of
law.
In Cayetano v. Monsod, the Court held that
practice of law means any activity, in or out of
court, which requires the application of law,
legal procedure, knowledge, training and
experience. Generally, to practice law is to
render any kind of service which requires the use
of legal knowledge or skill [Aguirre v. Rana,
supra.].
The purpose is to protect the public, the court,
the client and the bar from the incompetence or
dishonesty of those unlicensed to practice law
and not subject to the disciplinary control of the
court [Phil.
Assoc. of Free Labor Union v. Binalbagan Isabela
Sugar Co., G.R. No. L-23959 (1971)].
Examples of Practice of Law
• Legal advice and instructions to clients to
inform them of their rights and obligations
• Preparation for clients of documents
requiring knowledge of legal principles not
possessed by ordinary laymen
• Appearance for clients before public
tribunals, whether, administrative, quasi-
judicial or legislative agency.

SUPPLEMENTARY NOTES FOR MIDTERMS
Examples of Unauthorized Practice of Law
• It is the signing of the Roll of Attorneys that
finally makes one a full-fledged lawyer.
Appearing as counsel even before taking
lawyer’s oath [Aguirre v. Rana, B.M. No. 1036
(2003)]
• Using the title “Attorney” in his name even
though he is a Shari’a lawyer [Alawi v. Alauya,
A.M. No. SDC-97-2-P (1997)]
• Using a letterhead which listed as senior
partners, those who are only paralegals due to
their investments in the law firm. [Cambaliza v.
Cristal- Tenorio, AC 6290, (2004)]
• Holding oneself as a partner of a lawfirm
when the firm was actually a cooperative of non-
lawyers [Plus Builders v. Revilla, A.C. No. 7056,
(2006)]
• A lawyer who only signed the attendance
record at the PICC entrance and not the Roll
of Attorneys, after he realized his mistake of fact
and yet continued his operations. [In Re: Petition
to Sign the Roll of Attorneys Michael A.
Medado, B.M. No. 2540 (2013)]
• A corporation cannot engage in the practice
law directly or indirectly. It may only hire in-
house lawyers to attend to its legal business. A
corporation cannot employ a lawyer to appear
for others for its benefit. A corporation cannot
perform the conditions required for membership
to the bar. In addition, the confidential and trust
relation between an attorney and his client
cannot arise if the attorney is employed by a
corporation [Agpalo (2004)].
(See also Appearance of Non-Lawyers above)
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.
Purpose: The practice of law is limited only to
individuals who have the necessary educational
qualifications and good moral character.
Moreover, an attorney-client relationship is a
strictly personal one. Lawyers are selected on
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account of their special fitness through their
learning or probity for the work at hand.
Unqualified person:
• Non-lawyers
• Lawyers who are not in good standing
• Lawyers who are not qualified
Examples of acts that may only be done by a
lawyer
• The computation and determination of the
period within which to appeal an adverse
judgment [Eco v. Rodriguez, G.R. No. L-16731
(1960)]
• The examination of witnesses or the
presentation of evidence [Robinson v.
Villafuerte, G.R. No. L-
5346 (1911)].
Examples of acts that may be delegated to non-
lawyers:
• The examination of case law
• Finding and interviewing witnesses
• Examining court records
• Delivering papers and similar matters
[Agpalo, 2004].
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.
Purpose: Allowing non-lawyers to get attorney’s
fees would confuse the public as to whom they
should consult. It would leave the bar in a chaotic

SUPPLEMENTARY NOTES FOR MIDTERMS
condition because non-lawyers are also not
subject to disciplinary action.
An agreement between a union lawyer and a
layman president of the union to divide equally
the attorney’s fees that may be awarded in a
labor case violates this rule, and is illegal and
immoral [Amalgamated Laborers Assn. v. CIR,
G.R. No. L-23467 (1968)].
A donation by a lawyer to a labor union of part
of his attorney’s fees taken from the proceeds of
a judgment secured by him for the labor union is
improper because it amounts to a rebate or
commission [Halili v. CIR, G.R. No. L-24864
(1965)].
While non-lawyers may appear before the NLRC
or any labor arbiter under Art. 222, Labor Code,
they are still not entitled to receive attorney’s
fees. The statutory rule that an attorney shall be
entitled to have and recover from his client a
reasonable compensation or remuneration for
the services they have rendered presupposes
the existence of an attorney-client relationship.
Such a relationship cannot exist when the
client’s representative is a non- lawyer [Five J
Taxi v. NLRC, G.R. No. 111474 (1994)].
A contract between a lawyer and a layman
granting the latter a percentage of the fees
collected from clients secured by the layman
and enjoining the lawyer not to deal directly with
said clients is null and void, and the lawyer may
be disciplined for unethical conduct [Tan Tek
Beng v. David, A.C. No. 1261 (1983)].
3. To the Courts
(Canons 10- 13)
a. Candor, Fairness and Good
Faith to the Courts
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CANON 10. A lawyer owes candor, fairness and
good faith to the court.
A lawyer is, first and foremost, an officer of the
court. Accordingly, should there be a conflict
between his duty to his client and that to the
court, he should resolve the conflict against the
former and in favor of the latter, his primary
responsibility being to uphold the cause of
justice [Cobb Perez v. Lantin, G.R. No. L-
22320 (1968)].
Candor in all of the lawyer’s dealings is the very
essence of honorable membership in the legal
profession [Cuaresma v. Daquis, G.R. No. L-
35113 (1975)].
Obligations to Uphold Candor
1. Not to suppress material and vital facts
which bear on the merit or lack of in the
complaint or petition
2. To volunteer to the court any development
of the
case which renders issues moot and academic
3. To disclose to the court any adverse
decision to his position of which opposing
counsel is apparently ignorant and which the
court should consider in deciding the case
4. Not to represent himself as a lawyer for a
client, appear in court and present pleadings,
only to claim later that he was not authorized to
do so. [Agpalo, 2004]
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.
A lawyer should not conceal the truth from the
court, nor mislead the court in any manner no
matter how demanding his duties to clients may
be. His duties to his client should yield to his duty
to deal candidly with the court. For no client is
entitled to receive from the lawyer any service
involving dishonesty to the courts [Comments of

SUPPLEMENTARY NOTES FOR MIDTERMS
IBP Committee that drafted the Code,
hereinafter, IBP Committee].
Examples of Falsehood Committed by Lawyers
• Falsely stating in a deed of sale that
property is free from all liens and encumbrances
[Sevilla v. Zoleta, 96 Phil 979 (1955)]
• Falsifying a power of attorney to use in
collecting the money due to the principal and
appropriating the money for his own benefit [In
Re: Rusiana, A.C. No. 270 (1959)]
• Denying having received the notice to file
brief which is belied by the return card [Ragasajo
v. IAC, G.R. No. L-69129 (1987)]
• Presenting falsified documents in court
which he knows to be false [Bautista v. Gonzales,
A.M. No. 1625 (1990)]
• Filing false charges or groundless suits
[Retia v. Gorduiz, A.M. No. 1388 (1980)]
• Knowingly alleging an untrue statement of
fact in a pleading [Young v. Batuegas, supra]
• Allowing the use of a forged signature
on a petition filed before a court [Velasco-
Tamaray v. Daquis, A.C. No. 10868 (2016)].
• Anticipating that their Motion for Bail
will be denied by the court if it found that it had
no jurisdiction over the person of the accused,
respondents craftily concealed the truth by
alleging that accused had voluntarily
surrendered to a person in authority and was
under detention. [Young v. Batuegas, AC 5379,
(2003)]
Canon 32, CPE provides that, “A lawyer should
not render any service or advice to any client –
no matter how powerful or important is the
cause – which will involve disloyalty to the laws
of the country which he is bound to uphold and
obey.”
Rule 10.02. A lawyer shall not knowingly
misquote or misrepresent the contents of a
paper, the language or the argument of
opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision
already rendered inoperative by repeal or
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amendment, or assert as a fact that which has
not been proved.
In citing the Supreme Court’s decisions, and
rulings, it is the bounden duty of courts, judges
and lawyers to reproduce or copy the same
word-for-word and punctuation mark-for-
punctuation mark. Ever present is the danger
that if not faithfully and exactly quoted, the
decisions and rulings may lose their proper and
correct meaning, to the detriment of other
courts, lawyers and the public who may thereby
be misled [Insular Life Employees Co. v. Insular
Life Association, G.R. No. L-25291 (1971)].
The legal profession demands that lawyers
thoroughly go over pleadings, motions and other
documents dictated or prepared by them, typed
or transcribed by their secretaries or clerks,
before filing them with the court. If a client is
bound by the acts of his counsel, with more
reason should counsel be bound by the acts of
his secretary who merely follows his orders
[Adez Realty, Inc. v. CA, G.R. No. 100643 (1992)].
A mere typographical error in the citation of an
authority is not contemptuous. But when
misquotation is intended, the lawyer is subject
to disciplinary action [COMELEC v. Nonay, GR.
144412, (2003)].
Professional misconduct involving the misuse of
constitutional provisions for the purpose of
insulting Members of this Court is a serious
breach of the rigid standards that a member of
good standing of the legal profession must
faithfully comply with [In Re: Subpoena Duces
Tecum dated January 11, 2010 of Acting
Director Aleu A. Amante, PIAB-C, Office of the
Ombudsman and Re: Order of the Office of the
Ombudsman Referring the complaint of Attys.
Oliver O. Lozano and Evangeline J. Lozano-
Endriano Against Chief Justice Reynato S. Puno
[ret.]. A.M. No. 10-1-13- SC & 10-9-9-SC (2012)].

SUPPLEMENTARY NOTES FOR MIDTERMS
There is a difference in the academe and judicial
standards of writing. While the academic
publishing model is based on the originality of
the writer’s thesis, the judicial system is based
on the doctrine of stare decisis, which
encourages courts to cite historical legal data,
precedents, and related studies in their
decisions. The judge is not expected to produce
original scholarship in every respect. The
strength of a decision lies in the soundness and
general acceptance of the precedents and long
held legal opinions it draws from. Justice, not
originality, form, and style, is the object of every
decision of a court of law. The reason for
individual judges not to use original or unique
language when reinstating the laws involved in
the cases they decide is that it is their duty is to
apply the laws as these are written.
A judge writing to resolve a dispute, whether
trial or appellate, is exempted from a charge of
plagiarism even if ideas, words or phrases from a
law review article, novel thoughts published in a
legal periodical or language from a party’s brief
are used without giving attribution. Thus judges
are free to use whatever sources they deem
appropriate to resolve the matter before them,
without fear of reprisal. The same rule of
exemption from the charge of plagiarism should
apply as well to practicing lawyers. They should
not be exposed to charges of plagiarism in what
they write so long as they do not depart, as
officers of the court, from the objective of
assisting the Court in the administration of
justice. [In the Matter of Charges of Plagiarism
against Justice Del Castillo, AM. 10-7-17-SC,
(2011)].
Judges need to answer only to two standards
– diligence and honesty. By honesty here is
meant that good faith attempt to attribute to the
author his original words and analysis. Even if a
judge has to rely in large part on the drafts of his
legal researchers, the work of a diligent and
honest judge will never display the severe
plagiarism evident in the Vinuya Decision
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published under the name of Justice del Castillo.
Analysis shows objective plagiarism viewed
through three lenses: 1) extent of unattributed
copying belying inadvertence, 2) deliberateness
shown by systematic commission of plagiarism,
and 3) effect [Dissenting Opinion of Justice
Sereno in In the Matter of Charges of Plagiarism
against Justice Del Castillo, AM. 10-7-17-SC,
(2011)].
Rule 10.03. A lawyer shall observe the rules of
procedure and shall not misuse them to defeat
the ends of justice.
Filing multiple actions constitutes an abuse of
the court’s processes. Those who file multiple or
repetitive actions subject themselves to
disciplinary action for incompetence or willful
violation of their duties as attorneys to act with
good fidelity to the courts, and to maintain only
such actions that appear to be just and
consistent with truth and honor [Olivares v.
Villalon, A.C. No. 6323 (2007)].
A lawyer should not abuse his right of recourse
to the courts for the purpose of arguing a cause
that had been repeatedly rebuffed [Garcia v.
Francisco, A.C. No. 3923 (1993)].
It is the duty of an attorney to employ, for the
purpose of maintain 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 [Sec. 20 (d), Rule 138,
RoC].
b. Respect for Courts and Judicial Officers
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.
Observing respect due to the courts means that
a lawyer should conduct himself toward judges:

SUPPLEMENTARY NOTES FOR MIDTERMS
1. With courtesy everyone is entitled to
expect [Paragas v Cruz, G.R. No. L-24438 (1965)]
2. With the propriety and dignity required by
the courts [Salcedo v Hernandez, G.R. No. L-
42992 (1935)].
Lawyers are duty bound to uphold the dignity
and authority of the Court, to which they owe
their fidelities, and to promote the
administration of justice. Respect to the courts
guarantees the stability of other institutions [In
re: Sotto, 82 Phil 595 (1949)].
If a pleading containing derogatory, offensive
and malicious statements is submitted in the
same court or judge in which the proceedings are
pending, it is direct contempt, equivalent as it is
to a misbehavior committed in the presence of
or so near a court or judge as to interrupt the
administration of justice. Direct contempt is
punishable summarily [In re: Letter of Atty.
Sorreda, A.M. No. 5-3-04 (2006)].
Liberally imputing sinister and devious motives
and questioning the impartiality, integrity, and
authority of the members of the Court result in
the obstruction and perversion of the
dispensation of justice [Estrada v.
Sandiganbayan, G.R. No. 148560 (2000)].
Even as lawyers passionately and vigorously
propound their points of view, they are bound by
certain rules of conduct for the legal profession.
This Court is certainly not claiming that it should
be shielded from criticism. All the Court
demands are the same respect and courtesy that
one lawyer owes to another under established
ethical standards. There is no exemption from
this sworn duty for law professors, regardless of
their status in the academic community or the
law school to which they belong [Re: Letter of
the UP Faculty, A.M. No. 10-10-4-SC (2011)].
In Bueno v. Raneses, A.M. No. 8383 (2012) the
lawyer was disbarred because “he maligned the
judge and the Judiciary by giving the impression
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that court cases are won, not on the merits, but
through deceitful means – a decidedly black
mark against the Judiciary.”
Lawyers should not perform acts that would
tend to undermine and/or denigrate the
integrity of the courts, such as the subject
checkbook entry which contumaciously imputed
corruption against the Sandiganbayan. It is their
sworn duty as lawyers and officers of the court
to uphold the dignity and authority of the courts.
Respect for the courts guarantees the stability of
the judicial institution; without this guarantee,
the institution would be resting on very shaky
foundations. [PHILCOMPSAT Holdings
Corporation v. Lokin, Jr. A.C. No. 11139 (2016)].
Rule 11.01. A lawyer shall appear in court
properly attired.
Respect begins with the lawyer’s outward
physical appearance in court. Sloppy or informal
attire adversely reflects on the lawyer and
demeans the dignity and solemnity of court
proceedings.
A lawyer who dresses improperly may be cited
with contempt [Agpalo (2004)].
Courts have ordered a male attorney to wear a
necktie and have prohibited a female attorney
from wearing a hat. However, the permission of
a dress with a hemline five inches above the knee
was held to be acceptable as such “had become
an accepted mode of dress even in places of
worship” [“Reviewer on Legal and Judicial
Ethics” by Aguirre (2006)].
Rule 11.02. A lawyer shall punctually appear
at court hearings.
Inexcusable absence from, or repeated tardiness
in, attending a pre-trial or hearing may subject
the lawyer to disciplinary action as his actions
show disrespect to the court and are therefore

SUPPLEMENTARY NOTES FOR MIDTERMS
considered contemptuous behavior [Agpalo
(2004)].
Non-appearance at hearings on the ground that
the issue to be heard has become moot and
academic is a lapse in judicial propriety [De
Gracia v. Warden of Makati, G.R. No. L-42032
(1976)].
Rule 11.03. A lawyer shall abstain from
scandalous, offensive or menacing language or
behavior before the courts.
Every citizen has the right to comment upon and
criticize the actuations of public officers. This
right is not diminished by the fact that the
criticism is aimed at a judicial authority, or that it
is articulated by a lawyer. Such right is especially
recognized where the criticism concerns a
concluded litigation, because then the court's
actuations are thrown open to public
consumption. Well-recognized therefore is the
right of a lawyer, both as an officer of the court
and as a citizen, to criticize in properly respectful
terms and through legitimate channels the acts
of courts and judges. But it is the cardinal
condition of all such criticism that it shall be bona
fide, and shall not spill over the walls of decency
and propriety. Intemperate and unfair criticism
is a gross violation of the duty of respect to
courts [In Re: Almacen, supra].
The court does not close itself to comments and
criticisms so long as they are fair and dignified.
Going beyond the limits of fair comments by
using insulting, disparaging and, intemperate
language necessitates and warrants a rebuke
from the court. While it is expected of lawyers
to advocate their client’s cause, they are not at
liberty to resort to arrogance, intimidation and
innuendo [Sangalang v. IAC, G.R. No. 71169
(1988)].
It is human nature that there be bitter feelings
which often reach to the judge as the source of
the supposed wrong. A judge, therefore, ought
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to be patient, and tolerate everything which
appears as but a momentary outbreak of
disappointment. Lawyers may not be held to too
strict an account for words said in the heat of the
moment, because of chagrin at losing cases, and
that the big way is for the court to condone even
contemptuous language. While judges must
exercise patience, lawyers must also observe
temperate language as well [Soriano v. CA, G.R.
No. 100633 and 101550 (2001)].
(Cf. Rule 8.01 above.)
Rule 11.04. A lawyer shall not attribute to a
Judge motives not supported by the record or
have no materiality to the case.
Post-litigation utterances or publications, made
by lawyers, critical of the courts and their judicial
actuations, whether amounting to a crime or
not, which transcend the permissible bounds of
fair comment and legitimate criticism and
thereby tend to bring them into disrepute or to
subvert public confidence in their integrity and in
the orderly administration of justice, constitute
grave professional misconduct which may be
visited with disbarment or other lesser
appropriate disciplinary sanctions by the
Supreme Court in the exercise of the
prerogatives inherent in it as the duly
constituted guardian of the morals and ethics of
the legal fraternity [In Re: Almacen, supra.].
Counsels must be courageous enough to point
out errors, arbitrariness and injustices of courts
and judges. The rule allows criticism so long as it
is supported by the record or it is material to the
case [Agpalo (2004)].
Any serious accusation against a judicial officer
that is utterly baseless, unsubstantiated and
unjustified shall not be countenanced [Go v.
Abrogar, G.R. No. 152672 (2007)].
Academic freedom cannot be invoked. The
constitutional right to freedom of expression of
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SUPPLEMENTARY NOTES FOR MIDTERMS

members of the bar may be circumscribed by
their ethical duties as lawyers to give due respect
to the courts and to uphold the public’s faith in
the legal profession and the justice system [Re:
Letter of UP Law Faculty, supra.].
Rule 11.05. A lawyer shall submit grievances
against a Judge to the proper authorities only.
Canon 12. A lawyer shall exert every effort and
consider it his duty to assist in the speedy and
efficient administration of justice.
All persons shall have the right to a speedy
disposition of their cases before all judicial,
quasi-judicial, or administrative bodies [Sec.
16, Art. III, 1987 Constitution].

The duty to respect does not preclude a lawyer It is the duty of an attorney not to encourage
from filing administrative complaints against either the commencement or the continuance of
erring judges. an action or proceeding or delay any man’s cause
from any corrupt motive or interest. [Sec. 20(g),
The lawyer shall not file an administrative case Rule 138, RoC].
until he has exhausted judicial remedies which
result in a finding that the judge has gravely The filing of another action containing the same
erred [Agpalo (2004)]. subject matter, in violation of the doctrine of res
judicata, runs contrary to this canon [Siy Lim v.
Purely Administrative The Supreme Court Montano, A.C. No. 5653 (2006)].
Complaint through the
Office of the Court Rule 12.01. A lawyer shall not appear for trial
Administrator unless he has adequately prepared himself on
Pursuant to the the law and the facts of his case, the evidence
Court’s he will adduce and the order of its preference.
administrative power He should also be ready with the original
over all courts and documents for comparison with the copies.
personnel thereof.
[Sec. 6, Art. VIII, (This could be read in conjunction with Rule
Constitution; Maceda 18.02.)
v. Ombudsman, G.R.
No. 102781 (1993)] Without adequate preparation, the lawyer may
not be able to effectively assist the court in the
Criminal Office of the efficient administration of justice.
Ombudsman
Impeachable House of Consequences of Non-Preparation
Offenses Representatves and 1. The postponement of the pre-trial or
the Senate [Sec 2-8. hearing, which would thus entail delay in the
Article XI, early disposition of the case
Constitution] 2. The judge may consider the client non-
suited or in default
3. The judge may consider the case deemed
c. Assistance in the Speedy and Efficient submitted for decision without client’s evidence,
Administration of Justice to his prejudice [Agpalo (2004)].

Half of the work of the lawyer is done in the

office. It is spent in the study and research.
Page 24 of 54

SUPPLEMENTARY NOTES FOR MIDTERMS
Inadequate preparation obstructs the
administration of justice [Martin’s Legal Ethics
(1988)].
A newly hired counsel who appears in a case in
the midstream is presumed and obliged to
acquaint himself with all the antecedent
processes and proceedings that have transpired
in the record prior to his takeover [Villasis v. CA,
G.R. No. L-34369 (1974)].
Examples of acts which amount to obstruction in
the administration of justice
• Inadequate preparation;
• Instructing complaining witness in a
criminal action not to appear at the schedule
hearing so that the case against the client would
be dismissed;
• Asking a client to plead guilty to a crime
which the lawyer knows his client did not
commit;
• Advising a client who is detained for crime
to escape from prison;
• Employing dilatory tactics to frustrate
satisfaction of clearly valid claims;
• Prosecuting clearly frivolous cases or
appeals to drain the resources of the other party
and compel him to submit out of exhaustion;
• Filing multiple petitions or complaints for
a cause that has been previously rejected in the
false expectation of getting favorable action;
• Other acts of similar nature [“Legal and
Judicial Ethics” by Funa (2009)].
Rule 12.02. A lawyer shall not file multiple
actions arising from the same cause.
Purpose: There is an affirmative duty of a lawyer
to check against useless litigations. His signature
in every pleading constitutes a certificate by him
that to the best of his knowledge there is a good
ground to support it and that it is not to
interpose for delay. The willful violation of this
rule may subject him to appropriate disciplinary
action or render him liable for the costs of
litigation [Agpalo (2004)].
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This Rule prohibits against forum shopping.
Forum Shopping
1. When, as a result or in anticipation of an
adverse decision in one forum, a party seeks a
favorable opinion in another forum through
means other than appeal or certiorari by raising
identical causes of action, subject matter, and
issues.
2. The institution of involving the same parties
for the same cause of action, either
simultaneously or successively, on the
supposition that one or the other court would
come out with a favorable disposition [Araneta
v. Araneta, G.R. No. 190814 (2013)].
3. An indicium of the presence of or the test
for determining whether a litigant violated the
rule against, forum shopping is where the
elements of litis pendentia are present or where
a final judgment in one case will amount to res
judicata in the other case.
Requisites of litis pendentia
1. Identity of parties, or at least such parties
as represent the same interests in both actions;
2. Identity of rights asserted and relief prayed
for, the relief being founded on the same 
facts;
and
3. Identity of the two preceding particulars is
such that any judgment rendered in the pending
case, regardless of which party is successful,
would amount to res judicata in the other
[HSBC v. Catalan, G.R. No. 159590 (2004)].
Requisites of res judicata
1. There be a decision on the merits;
2. It be decided by a court of competent
jurisdiction;
3. The decision is final; and
4. The two actions involved identical parties,
subject matter, and causes of action.
Sec. 5, Rule 7, RoC requires that a certificate
against forum shopping be executed that:

SUPPLEMENTARY NOTES FOR MIDTERMS
1. Plaintiff or principal party has not
theretofore commenced any action or filed any
claim involving the same issues in any court,
tribunal or quasi- judicial agency and, to the best
of his knowledge, no such other action or claim
is pending therein; if there is such other pending
action or claim, a complete statement of the
present status thereof;
2. If he should thereafter learn that the same
or similar action or claim has been filed or is
pending, he shall report that fact within five days
there from to the court wherein his aforesaid
complaint or initiatory pleading has been filed.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other initiatory
pleading but shall cause for the dismissal of the
case without prejudice, unless otherwise
provided, upon motion after hearing.
Submission of a false certification or non-
compliance with any of the undertakings in a
certification of non- forum shopping shall
constitute indirect contempt of court, without
prejudice to the corresponding administrative
and criminal actions.
If acts of the party or his counsel constitute
willful and deliberate forum shopping:
1. Be a ground for summary dismissal
with prejudice;
2. Constitute direct contempt;
3. Be a cause for administrative sanctions.
The rule against forum shopping and the
requirement that a certification to that effect be
complied with in the filing of complaints,
petitions or other initiatory pleadings in all
courts and agencies applies to quasi- judicial
bodies, such as the NLRC or Labor Arbiter
[Agpalo (2004)].
Rule 12.03. A lawyer shall not, after obtaining
extensions of time to file pleadings,
memoranda or briefs, let the period lapse
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without submitting the same or offering an
explanation for his failure to do so.
The court censures the practice of counsels who
secures repeated extensions of time to file their
pleadings and thereafter simply let the period
lapse without submitting the pleading on even
an explanation or manifestation of their failure
to do so. There exists a breach of duty not only
to the court but also to the client [Achacoso v.
CA, G.R. No. L-35867 (1973)].
An attorney is bound to protect his client’s
interest to the best of his ability and with utmost
diligence. A failure to file brief for his client
certainly constitutes inexcusable negligence on
his part [Ford v. Daitol, A.C. No. 3736 (1995)].
Postponement is not a matter of right but of
sound judicial discretion. [Edrial v Quilat-Quilat,
GR. 133625, (2000)].
Rule 12.04. A lawyer shall not unduly delay a
case, impede the execution of a judgment or
misuse court processes.
It is one thing to exert to the utmost one’s ability
to protect the interest of one’s client. It is quite
another thing to delay if not defeat the recovery
of what is justly due and demandable due to the
misleading acts of a lawyer [Manila Pest Control
v. WCC, G.R. No. L-27662 (1968)].
Once a judgment becomes final and executory,
the prevailing party should not be denied the
fruits of his victory by some subterfuge devised
by the losing part.
Unjustified delay in the enforcement of a
judgment sets at naught the role of courts in
disposing justiciable controversies with finality
[Aguilar v. Manila Banking Corporation, G.R. No.
157911 (2006)].
If a lawyer is honestly convinced of the futility of
an appeal in a civil suit, he should not hesitate to

SUPPLEMENTARY NOTES FOR MIDTERMS
inform his client that mostly likely the verdict will
not be altered. A lawyer should temper his
client’s desire to seek appellate review [Agpalo
(2004)].
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.
Purpose: To prevent the suspicion that he is
coaching the witness what to say during the
resumption of the examination; to uphold and
maintain fair play with the other party and to
prevent the examining lawyer from being
tempted to coach his own witness to suit his
purpose [“Legal and Judicial Ethics Reviewer” by
Callanta].
Rule 12.06. A lawyer shall not knowingly assist
a witness to misrepresent himself or to
impersonate another.
While a lawyer may interview witnesses in
advance of trial or attend to their needs if
needed, the lawyer should avoid any action as
may be misrepresented as an attempt to
influence the witness what to say in court
[Agpalo (2004)].
The lawyer who presented a witness knowing
him to be a false witness is criminally liable for
offering false testimony in evidence. The lawyer
is both criminally and administratively liable [Art.
184, Revised Penal Code (hereinafter, RPC)].
Subornation of perjury is committed by a person
who knowingly and willfully procures another
to swear falsely and the witness suborned [or
induced] does testify under circumstances
rendering him guilty of perjury [US v. Ballena,
G.R. No. L-6294 (1911)].
Rule 12.07. A lawyer shall not abuse, browbeat
or harass a witness nor needlessly
inconvenience him.
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It is the duty of a lawyer to abstain from all
offensive personality and to advance no fact
prejudicial to the honor and reputation of a
party or witness unless required by the justice of
the cause with which he is charged [Sec. 20(f),
Rule 138. RoC].
Rights of Witnesses [Sec. 3, Rule 132, RoC]
1. To be protected from irrelevant,
improper or insulting questions and from a
harsh or insulting demeanor;
2. Not to be detained longer than the
interests of justice require
3. Not to be examined except as to matters
pertinent to the issues before the court;
4. Not to give an answer which will tend to
subject him to a penalty for an offense 
unless
otherwise provided by law;
5. Not to give an answer which will tend to
degrade the witness’ reputation, but a witness
must answer the fact of any previous 
final
conviction for a criminal offense.
It was highly inconsiderate for the prosecutor
and the defense counsel to trade quips at the
precise time the victim was reliving her
harrowing experience. Levity has no place in the
courtroom during the examination of the victim
of rape and at her expense. [People v. Nuguid,
GR. 148991, (2004)]
P.D. 1829 (Penalizing obstruction of
apprehension and prosecution of criminal
offenders) penalizes the following:
1. Threatening directly or indirectly another
with the infliction of any wrong upon his person,
honor or property or that of any immediate
member or members of his family in order to
prevent such person from appearing in the
investigation of, or official proceedings in,
criminal cases, or imposing a condition, whether
lawful or unlawful, in order to prevent a person
from appearing in the investigation of or in
official proceedings in, criminal cases;

SUPPLEMENTARY NOTES FOR MIDTERMS
2. Giving of false or fabricated information
to mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the victim;
or fabricating information from the data
gathered in confidence by investigating
authorities for purposes of background
information and not for publication and
publishing or disseminating the same to mislead
the investigator or to the court.
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.
Purpose: The underlying reason for the
impropriety of a lawyer acting in such dual
capacity lies in the difference between the
function of a witness and that of an advocate.
The function of a witness is to tell the facts as he
recalls then in answer to questions. The function
of an advocate is that of a partisan. It is difficult
to distinguish between the zeal of an advocate
and the fairness and impartiality of a
disinterested witness. The lawyer will find it hard
to disassociate his relation to his client as an
attorney and his relation to the party as a
witness [Agpalo (2004)].
When a lawyer may not testify as witness:
1. When such would adversely affect any
lawful interest of the client with respect to which
confidence has been reposed on him
2. Having accepted a retainer, he cannot be
a witness AGAINST his client
3. He cannot serve conflicting interests
4. When he is to violate confidentiality
5. When as an attorney, he is to testify on the
theory of the case.
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When a lawyer may testify as witness:
1. Formal matters – mailing,
authentication, custody of an instrument
2. As an expert on his fee
3. Acting as an Arbitrator
4. Deposition
5. On substantial matters where his testimony
is essential to the ends of justice, in which case
he must entrust the trial of the case to another
counsel [PNB v. Uy Teng Piao, G.R. No. L-35252
(1932)]
d. Reliance on Merits of His/Her Cause and
Avoidance of Any Impropriety Which Tends to
Influence or Gives the Appearance of Influence
upon the Courts
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.
The judiciary, as the branch of government
tasked to administer justice, to settle justiciable
controversies or disputes involving enforceable
and demandable rights, and to afford redress of
wrongs for the violation of said rights must be
allowed to decide cases independently, free of
outside influence or pressure [In Re: Published
Alleged Threats against Members of the Court in
the Plunder Law Case Hurled by Atty. Leonard De
Vera, A.M. No. 01-12-03-SC (2002)].
The Court will not hesitate in future similar
situations to apply the full force of the law and
punish for contempt those who attempt to
pressure the Court into acting one way or the
other in any case pending before it. Grievances,
if any, must be ventilated through the proper
channels, i.e., through appropriate petitions,
motions or other pleadings in keeping with the
respect due to the Courts as impartial
administrators of justice entitled to "proceed to
the disposition of its business in an orderly
manner, free from outside interference
obstructive of its functions and tending to

SUPPLEMENTARY NOTES FOR MIDTERMS
embarrass the administration of justice." The
right of petition is conceded to be an inherent
right of the citizen under all free governments.
However, such right, natural and inherent
though it may be, has never been invoked to
shatter the standards of propriety entertained
for the conduct of courts … Moreover, "parties
have a constitutional right to have their causes
tried fairly in court by an impartial tribunal,
uninfluenced by publication or public clamor.
Every citizen has a profound personal interest in
the enforcement of the fundamental right to
have justice administered by the courts, under
the protection and forms of law free from
outside coercion or interference" [Nestle
Philippines, Inc. v. Sanchez, G.R. No. 75209
(1987)].
Rule 13.01. A lawyer shall not extend
extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with
Judges.
Marked attention and unusual hospitality on the
part of a lawyer to a judge, uncalled for by the
personal relations of the parties, subject both
the judge and the lawyer to misconstructions of
motive and should be avoided [Canon 3, CPE].
In order to not subject both the judge and the
lawyer to suspicion, the common practice of
some lawyers of making judges and prosecutors
godfathers of their children to enhance their
influence and their law practice should be
avoided by judges and lawyers alike [IBP
Committee].
It is improper for a litigant or counsel to see a
judge in chambers and talk to him about a
matter related to the case pending in the court
of said judge [Austria v. Masaquel, G.R. No. L-
22536 (1967)].
It is highly improper for a judge to meet privately
with an accused who has a pending case before
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him, without the presence of other party [Gallo
v. Cordero, A.M. No. MTJ095-1035, (1995)].
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.
Purpose: Newspaper publications regarding a
pending or anticipated litigation may interfere
with a fair trial, prejudice the administration of
justice, or subject a respondent or an accused to
a trial by publicity and create a public inference
of guilt against him [Agpalo (2004)].
Making public statements in the media regarding
a pending case which tends to arouse public
opinion for or against a party may constitute
indirect contempt [Sec. 3, Rule 71, RoC].
In the original decision of the Supreme Court in
Re: Request Radio-TV Coverage of the Trial in
the Sandiganbayan of the Plunder Cases against
Former President Joseph Estrada, A.M. No. 01-4-
03-SC (2001), it was stated that the propriety of
granting or denying the petition involve the
weighing out of the constitutional guarantees of
freedom of the press and the right to public
information, on the one hand, and the
fundamental rights of the accused, on the other
hand, along with the constitutional power of a
court to control its proceedings in ensuring a fair
and impartial trial. It was held that when these
rights race against one another, the right of the
accused must be preferred to win, considering
the possibility of losing not only the precious
liberty but also the very life of an accused.
In the resolution of the motion for
reconsideration, the Supreme Court allowed the
video recording of proceedings, but provided
that the release of the tapes for broadcast
should be delayed. In so doing, concerns that
those taking part in the proceedings will be
playing to the cameras and will thus be
distracted from the proper performance of their

SUPPLEMENTARY NOTES FOR MIDTERMS
roles – whether as counsel, witnesses, court
personnel, or judges – will be allayed.
In order to warrant a finding of prejudicial
publicity, there must be an allegation and proof
that the judges had been unduly influenced, not
simply that they might be [People v. Teehankee
Jr., G.R. No. 111206-08, (1995), Martelino v.
Alejandro, G.R. No. L-30894 (1970)].
A lawyer is equally guilty as the client if he
induces the client to cause the publicity [Strebel
v. Figueras, G.R. No. L-4722 (1954)].
The right to criticize is recognized in concluded
litigations because then the court’s actuations
are thrown open for public consumption and
discussion. [Strebel v. Figueras, GR L-4722
(1954)] However, such criticisms should still be
respectful and done in good faith [Funa].
In Foodsphere, Inc. v. Mauricio, the Supreme
Court found that the respondent lawyer violated
Rule 13.02 “for despite the pendency of the civil
case against him and the issuance of a status quo
order restraining/enjoining further publishing,
televising and broadcasting of any matter
relative to the complaint of CDO, respondent
continued with his attacks against complainant
and its products” [A.C. No. 7199 (2009)].
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.
Purpose: The rule is based upon the principle of
separation of powers [Aguirre (2006)]. It also
endangers the independence of the judiciary
[IBP Committee].
The Supreme Court is supreme — the third
great department of government entrusted
exclusively with the judicial power to adjudicate
with finality all justiciable disputes, public and
private. No other department or agency may
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pass upon its judgments or declare them 'unjust.'
Consequently, and owing to the foregoing, not
even the President of the Philippines as Chief
Executive may pass judgment on any of the
Court's acts [Maglasang v. People, G.R. No.
90083 (1990)].
_______________________________________
4. To the Clients
(Canons 14-22)
The attorney-client relationship is:
a. Strictly personal;
b. Highly confidential;
c. Fiduciary.
A written contract, although the best evidence to
show the presence of an attorney-client
relationship is not essential for the employment
of an attorney.
Documentary formalism is not an essential
element in the employment of an attorney; the
contract may be express or implied. To establish
the relation, it is sufficient that the advice and
assistance of an attorney is sought and received
in any matter pertinent to his profession [Pacana
v. Pascual-Lopez, A.C. No. No. 8243 (2009)].
Retainer
1. Either the act of a client by which he
engages the services of an attorney to render
legal advice or to defend and prosecute his cause
in court (general or special) OR the fee which a
client pays to an attorney when the latter is
retained [Agpalo (2004)].
2. The relation of attorney to client begins
from the time an attorney is retained.
a. Availability of Service Without
Discrimination
CANON 14. A lawyer shall not refuse his services
to the needy.

SUPPLEMENTARY NOTES FOR MIDTERMS
General Rule: A lawyer is not obliged to act as
legal counsel for any person who may wish to
become his client. He has the right to decline
employment.
A lawyer should decline employment regardless
of how attractive the fee offered may be if its
acceptance will involve:
1. A violation of any of the rules of the
legal profession
2. Nullification of a contract which he
prepared
3. Advocacy in any matter which he had
intervened while in government service
4. Employment which might easily be used
as a means of advertising his professional
services or skills
5. Employment with a collection agency
6. Any matter in which he knows or has reason
to believe that he or his partner will be an
essential witness for the prospective client.
[Agpalo, 2004]
Exceptions:
1. A lawyer shall not refuse his services to the
needy [Canon 14, CPR]
Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be
denied to any person by reason of poverty. [Sec.
11, Art.III, Constitution]
2. 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
14.01, CPR]
3. A lawyer may not refuse to accept
representation of an indigent client unless:
• He is in no position to carry out the work
effectively or competently;
• He labors under a conflict of interest
between him and the prospective client or
between a present client and the prospective
client. [Rule 14.03, CPR]
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Purpose: 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
of counsel [R.A. No. 9999 (Free Legal Assistance
Act of 2010)].
R.A. No. 9999 provides incentives for free legal
service. Thus, a lawyer or professional
partnerships rendering actual free legal services
shall be entitled to an allowable deduction from
the gross income,
1. The amount that could have been collected
for the actual free legal services rendered OR
2. Up to 10% of the gross income derived from
the actual performance of legal profession,
whichever is lower.
This is different from the 60-hour mandatory
legal aid services under Mandatory Legal Aid
Service for Practicing Lawyers, B.M. No. 2012
(2009).
Indigent
1. 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 [Sec. 2, R.A.6033 (An Act Requiring
Courts to Give Preference to Criminal Cases
Where the Party or Parties Involved are
Indigents)]
2. A person who has no visible means of
support or whose income does not exceed
P300.00 per month or whose income even in
excess of P300.00 per month is insufficient for
the subsistence of his family [Sec. 2, R.A. No.
6035 (An Act Requiring Stenographers to Give
Free Transcript of Notes to Indigent and Low
Income Litigants and Providing a Penalty for the
Violation Thereof)].
Laws on indigents or low income litigants:
1. All courts shall give preference to the
hearing and/or disposition of criminal cases

SUPPLEMENTARY NOTES FOR MIDTERMS
where an indigent is involved either as the
offended party or accused [Sec. 1, R.A. No. 6033]
2. 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 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 [Sec.
1, R.A. 6034 (An Act Providing Transportation
and Other Allowances for Indigent Litigants)].
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 [Sec. 1, R.A. 6035].
This Canon could be read in conjunction with
Rule 2.01.
i. Services Regardless of a Person’s
Status
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.
It is the duty of an attorney, in the defense of a
person accused of a crime, by all fair and
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honorable means, regardless of his personal
opinion as to the guilt of the accused, to present
every defense that the law permits, to the end
that no person may be deprived of life or liberty,
but by due process of law [Sec. 20(i), Rule 138,
RoC].
Regardless of personal feelings, a lawyer should
not decline representation because a client or a
cause is unpopular or community reaction is
adverse [IBP Committee].
ii. Services as Counsel de Officio
Rule 14.02. A lawyer shall not decline, except
for serious and sufficient cause, an
appointment as counsel de officio or as amicus
curiae, or a request from the Integrated Bar of
the Philippines or any of its chapters for
rendition of free legal aid.
It is the duty of an attorney never to reject, for
any consideration personal to himself, the
cause of the defenseless or oppressed [Sec.
20(h), Rule 138].
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 [Sec. 31,
Rule 138].
Counsel de officio - One appointed or assigned
by the court.
Counsel de parte- One employed or retained by
the party himself.
Amicus Curiae – a friend of the court; a person
with strong interest in or views on the subject

SUPPLEMENTARY NOTES FOR MIDTERMS
matter of an action, but not a party to the action.
They commonly file briefs concerning matters of
broad public interest.
Who may be appointed as counsel de officio in
criminal cases:
1. A member of the bar in good standing who,
by reason of their experience and ability, can
competently defend the accused [Sec. 7, Rule
116, RoC]
2. In localities without lawyers:
a. Any person, resident of the province and of
good repute for probity and ability [Sec. 7, Rule
116, RoC];
Note: In relation to Sec. 34, Rule 138, RoC this
is only allowed in the municipal trial court.
b. A municipal judge or a lawyer employed in
any branch, subdivision or instrumentality of the
government within the province [Sec. 1, PD 543
(Authorizing 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 Attorneys)].
Considerations in the appointment of a counsel
de officio:
1. Gravity of the offense;
2. Difficulty of the questions that may arise;
3. Experience and ability of the appointee.
When the court may appoint a counsel de officio
(in criminal actions):
1. Before arraignment, the court shall inform
the accused of his right to counsel and ask him if
he desires to have one. Unless the accused is
allowed to defend himself in person or has
employed counsel of his choice, the court must
assign a counsel de officio to defend him, [Sec. 6,
Rule 116, RoC];
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 Regional Trial Court, Court of Appeals
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or the Supreme Court to appoint a counsel de
officio [Sec. 13, Rule 122, RoC];
3. The clerk of the CA shall designate a counsel
de oficio if it appears from the case 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 Court of Appeals shall designate a
counsel de oficio.
d. An appellant who is not confined in prison
may, upon request, be assigned a counsel de
officio within ten days from receipt of the notice
to file brief and he establishes his right thereto
[Sec. 2, Rule 124, RoC]
iii. Valid Grounds for Refusal to Serve
Rule 14.03. A lawyer may not refuse to accept
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
Reason: One of the burdens of the privilege to
practice law is to render, when so required by
the court, free legal services to an indigent
litigant.
Even if the lawyer does not accept a case, he
shall not refuse to render legal advice to the
person concerned if only to the extent necessary
to safeguard the latter’s rights. [Rule 2.02, Canon
2, CPR]
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.
Neither the amount of attorney's fees nor the
client's financial ability to pay such fees should
serve as the test to determine the extent of the
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SUPPLEMENTARY NOTES FOR MIDTERMS

lawyer's devotion to his client’s cause [Agpalo
(2004)].
If a lawyer volunteers his services to a client, and
therefore not entitled to attorney’s fees, he is
still bound to attend to a client’s case with all due
diligence and zeal [Blanza v. Arcangel, A.C. No.
No. 492 (1967)].
Pursuant to A.M. No. 08-11-7-SC IRR (2009),
clients of the National Legal Aid Committee and
the IBP local chapter’s legal aid offices are
exempted from the payment of legal fees.
Under Sec. 16-D, R.A. No. 9406 (An Act
Reorganizing and Strengthening the Public
Attorney's Office (PAO)), clients of the PAO are
exempte from paying docket and other fees
incidental to institution actions in court
and other quasi-judicial bodies.
CANON 15. A lawyer shall observe candor,
fairness and loyalty in all his dealings and
transactions with his clients.
i. Confidentiality Rule
Purpose: To protect the client from possible
breach of confidence as a result of a consultation
with a lawyer [Hadjula v. Madianda, A.C. No.
No. 6711 (2007)]
It demands of an attorney an undivided
allegiance, a conspicuous and high degree of
good faith, disinterestedness, candor, fairness,
loyalty, fidelity and absolute integrity in all his
dealings and transactions with his clients and an
utter renunciation of every personal advantage
conflicting in any way, directly or indirectly, with
the interest of his client [Oparel, Sr. v. Abraria,
A.C. No. 959 (1971)].

See also: Confidential communication – Information

1. R.A. No. 6033: AN ACT REQUIRING COURTS transmitted by voluntary act of disclosure
TO GIVE PREFERENCE TO CRIMINAL CASES between attorney and client in confidence and
WHERE THE PARTY OR PARTIES INVOLVED ARE by means which so far as the client is aware,
INDIGENTS discloses the information to no third person
2. R.A. No. 6034: AN ACT PROVIDING other than one reasonably necessary for the
TRANSPORTATION AND OTHER ALLOWANCES transmission of the information or the
FOR INDIGENT LITIGANTS accomplishment of the purpose for which it was
3. R.A. No. 6035: AN ACT REQUIRING given [Mercado v. Vitriolo, A.C. No. No. 5108
STENOGRAPHERS TO GIVE FREE TRANSCRIPT (2005)].
OF NOTES TO INDIGENT AND LOW INCOME
LITIGANTS AND PROVIDING A PENALTY FOR THE Confidence of Clients Secrets of Clients
VIOLATION THEREOF Refer to information Refer to information
4. R.A. No. 6036: AN ACT PROVIDING THAT protected by gained in the
BAIL SHALL NOT, WITH CERTAIN EXCEPTIONS, attorney- client professional
BE REQUIRED IN CASES OF VIOLATIONS OF privilege under the relationship that the
MUNICIPAL OR CITY ORDINANCES AND IN Rules of Court (i.e., client has requested
CRIMINAL OFFENSES WHEN THE PRESCRIBED information to be held inviolate or
PENALTY FOR SUCH OFFENSES IS NOT HIGHER pertinent to the case the disclosure of
THAN ARRESTO MAYOR AND/OR A FINE OF TWO being handled). which would be
THOUSAND PESOS OR BOTH embarrassing or
would likely be
b. Candor, Fairness, and Loyalty to Clients detrimental to the
client (i.e.,
information not
Page 34 of 54

SUPPLEMENTARY NOTES FOR MIDTERMS
exactly pertinent to
the case).
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.
Question of privilege is determined by the court.
The burden of proof is on the party who asserts
the privilege.
ii. Privileged Communications
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.
Purpose: To make the prospective client free to
discuss whatever he wishes with the lawyer
without fear that what he tells the lawyer will
not be divulged nor used against him, and for the
lawyer to be equally free to obtain information
from the prospective client [IBP Committee].
Requisites:
1. The person to whom information is given
is a lawyer.
• However, if a person is pretending to be a
lawyer and client discloses confidential
communications, the attorney-client privilege
applies;
• This includes persons appointed as counsel
de officio
2. There is a legal relationship existing, except
in cases of prospective clients;
3. Legal advice must be sought from the
attorney in his professional capacity with respect
to communications relating to that purpose.
4. The client must intend that the
communication be confidential.
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Persons entitled to privilege
1. The lawyer, client, and third persons who
by reason of their work have acquired
information about the case being handled,
including:
a. Attorney’s secretary, stenographer and
clerk
b. Interpreter, messengers, or
agents transmitting communication
c. Accountant, scientist, physician, engineer
who has been hired for effective consultation
2. Assignee of the client’s interest as far as
the communication affects the realization of the
assigned interest.
Scope
1. 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 the
crime was committed in the past, the privilege
applies. If it is still to be committed, the privilege
does not apply, because the communication
between a lawyer and his client must be for a
lawful purpose or in furtherance of a lawful end
to be privileged [People v. Sandiganbayan, G.R.
No. 115439 (1996)].
2. 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. [Genato v. Silapan,
A.C. No. 4078 (2003)].
3. Embraces not only oral or written
statements but also actions, signs or other
means of communications.
4. 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,

SUPPLEMENTARY NOTES FOR MIDTERMS
concerning any fact the knowledge of which has
been acquired in such capacity [Sec. 24(b), Rule
130].
General rule: As a matter of public policy, a
client’s identity should not be shrouded in
mystery. Thus, a lawyer may not invoke the
privilege and refuse to divulge the name or
identity of this client.
Exceptions: Client identity is privileged in the
following instances:
1. Where a strong probability exists that
revealing the client's name would implicate that
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, the said name would
furnish the only link that would form the chain of
testimony necessary to convict an individual of
a crime [Regala v. Sandiganbayan, G.R. No.
105938 (1996)].
Purposes:
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 privilege begins to exist only after
the attorney-client relationship has been
established. The attorney-client privilege does
not attach unless there is a client.
3. The privilege generally pertains to the
subject matter of the relationship.
4. Due process considerations require that
the opposing party should, as a general rule,
know his adversary [Regala v. Sandiganbayan,
supra.].
Information relating to the identity of the client
may fall within the ambit of the privilege when
the client’s name itself has an independent
significance, such that disclosure would then
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reveal client confidences [Regala v.
Sandiganbayan, supra]
General rule: The protection given to the client is
perpetual and does not cease with the
termination of the litigation, nor is it affected by
the client’s ceasing to employ the attorney and
retaining another, or by any other change of
relation between them. It even survives the
death of the client [Bun Siong Yao v. Aurelio, A.C.
No. No. 7023 (2006)]
Canon 21 enjoins a lawyer to preserve the
confidence and secrets of his client even after
the attorney-client relation is terminated. The
privilege continues even after the termination of
the attorney-client relationship. It outlasts the
lawyer’s engagement. It ceases only when
waived by the client himself or after his death, by
his heir or representative. [Baldwin v. CIR,
(1942)]
Exception: 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).
Examples of privileged matters:
• Work product of lawyer (his effort, research
and thought contained in his file);
• 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;
• Records concerning an accident in which a
party is involved;
• Consultation which has to do with the
preparation of a client to take the witness stand.
Betrayal of trust: Revelation of secrets

SUPPLEMENTARY NOTES FOR MIDTERMS
Any attorney-at-law who, by any malicious
breach of professional duty or of inexcusable
negligence or ignorance shall prejudice his client
or reveal any of the secrets learned by him in his
professional capacity shall be criminally liable
[Art. 209, RPC].
iii. Conflict of Interest
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 15.03. A lawyer shall not represent
conflicting interests except by written consent
of all concerned given after a full disclosure of
the facts.
The rule prohibiting conflict of interest was
fashioned to prevent situations wherein a lawyer
would be representing a client whose interest is
directly adverse to any of his present or former
clients [Tulio v. Buhangin, A.C. No. No. 7110,
(2016)].
It is explicit that a lawyer is prohibited from
representing new clients whose interests oppose
those of a former client in any manner, whether
or not they are parties in the same action or on
totally unrelated cases [Orola v. Ramos, A.C.
No. 9860 (2013)].
There is conflict of interest when a lawyer
represents inconsistent interests of two or more
opposing parties [Hornilla v. Salunat, A.C. No.
5804 (2003)].
It is only upon strict compliance with the
condition of full disclosure of facts that a lawyer
may appear against his client; otherwise, his
representation of conflicting interests is
reprehensible. Such prohibition is founded on
principles of public policy and good taste as the
nature of the lawyer-client relations is one of
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trust and confidence of the highest degree
[Nuigue v. Sedillo, A.C. No. 9906 (2013)].
Lawyers are expected not only to keep inviolate
the client’s confidence, but also to avoid the
appearance of treachery and double-dealing for
only then can litigants be encouraged to entrust
their secrets to their lawyers, which is of
paramount importance in the administration of
justice [Gonzales v. Cabucana, A.C. No. 6836
(2006)].
Where a lawyer is disqualified from appearing
as counsel in a case because of conflict of
interest with the law firm of which he is a
member, any member, associate, or assistant
therein is similarly disqualified or prohibited
from so acting. [Hilado v. David, G.R. No. L-961,
(1949)].
Requisites
1. There are conflicting duties;
2. The acceptance of the new relations invites
or actually leads to unfaithfulness or double-
dealing to another client; or
3. The attorney will be called upon to use
against his first client any knowledge acquired in
the previous employment.
Tests of conflict of interest
1. Whether the acceptance of a new relation
will prevent an attorney from the full discharge
of his duty of undivided fidelity and loyalty to his
client or invite suspicion of unfaithfulness or
double- dealing in its performance.
2. If the acceptance of the new retainer will
require the attorney to perform an act which will
injuriously affect his first client in any matter in
which he represented him and also whether he
will be called upon in his new relation to use
against the first client any knowledge acquired
through their connection.
3. 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
[Hornilla v. Salunat, supra].

SUPPLEMENTARY NOTES FOR MIDTERMS
4. Whether the lawyer will be asked to use
against his former client any confidential
information acquired through their connection
or previous employment [Palm v. Iledan, Jr.,
A.C. No. 8242 (2009)]
The test to determine whether there is a conflict
of interest in the representation is probability,
not certainty, of conflict.
General rule: Representing adverse interest may
result in:
1. Disqualification as counsel in the new case;
2. If prejudicial to interests of latter client,
setting aside of a judgment;
3. Administrative and criminal (for betrayal of
trust) liability;
4. Forfeiture of attorney’s fees.
Exception: Representation of conflicting
interests is allowed where clients knowingly
consent to the dual representation.
Exception to the exception: A lawyer cannot
continue representing a client in an action even
with the client’s consent after the lawyer brings
suit in his own behalf, against the defendant if it
is uncertain whether the defendant will be able
to satisfy both judgments. A lawyer is not
authorized to have financial stakes in the subject
matter of the suit brought in behalf of his client.
[Gamilla v. Marino Jr, AC 4763, (2003)]
Rule 15.04. A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
An attorney’s knowledge of the law and his
reputation for fidelity may make it easy for the
disputants to settle their differences amicably.
However, he shall not act as counsel for any of
them. [Agpalo (2004)]
General rule: A lawyer may not represent two
opposing parties at any point in time. A lawyer
need not be the counsel-of-record of either
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party. It is enough that the counsel had a hand in
the preparation of the pleading of one party.
Exception: When the parties agree AND when
such is for amicable settlement [Agpalo (2004)].
iv. Candid and Honest Advice to Clients
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 understating the
prospects of the case.
A lawyer is bound to give candid and honest
opinion on the merit or lack of merit of client’s
case, neither overstating nor understating the
prospect of the case. He should also give an
honest opinion as to the probable results of the
case [Agpalo (2004)].
The signature of counsel constitutes a certificate
by him that he has read the pleading; that to the
best of his knowledge, information, and belief
there is good ground to support it; and that it is
not interposed for delay [Sec. 3, Rule 7, RoC].
Lawyers are not merely hired employees who
must unquestionably do the bidding of the
client, however unreasonable this may be, when
tested by their own expert appreciation of the
facts, applicable law and jurisprudence. Counsel
must counsel [Periquet v. NLRC, G.R. No. 91298,
(1990)].
v. Compliance with Laws
Rule 15.07. A lawyer shall impress upon his
client compliance with the laws and principles
of fairness.
It is the duty of an attorney to counsel or
maintain such actions or proceedings only as
appear to him to be just, and such defenses only
as he believes to be honestly debatable under
the law [Sec. 20(c), Rule

SUPPLEMENTARY NOTES FOR MIDTERMS
138, RoC].
A lawyer is required to represent his client within
the bounds of law. He is enjoined to employ only
fair and honest means to attain the lawful
objectives of his client and not to allow his client
to dictate the procedure in handling the case.
A lawyer appears in court in representation of
his client not only as an advocate but also as an
officer of the court. To permit lawyers to resort
to unscrupulous practices for the protection of
the supposed rights of their clients is to defeat
the administration of justice [Agpalo (2004)].
A lawyer is not a gun for hire [Millare v. Montero,
A.C. No. 3283, (1995)].
vi. Concurrent Practice of Another
Profession
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.
Exercise of dual profession is not prohibited but
a lawyer must make it clear when he is acting as
a lawyer or when he is acting in another capacity,
especially in occupations related to the practice
of law [In re: Rothman, 12 N.J. 528 (1953)].
Purpose: Certain ethical considerations may be
operative in one profession and not in the other
[Agpalo (2004)].
Impropriety rises only when the business is
conducted in a manner inconsistent with his
duties as a member of the bar [IBP Committee].
A lawyer is not barred from dealing with his
client but the business transaction must be
characterized with utmost honesty and good
faith. Business transactions between an attorney
and his client are disfavored and discouraged by
policy of law because by virtue of a lawyer’s
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office, he is an easy position to take advantage
of the credulity and ignorance of his client. Thus,
there is no presumption of innocence or
improbability of wrongdoing in favor of lawyers
[Nakpil v. Valdez, A.C. No. No. 2040 (1998)].
c. Client’s Moneys and
Properties
CANON 16. A lawyer shall hold in trust all
moneys and properties of his client that may
come into his possession.
Lawyers cannot acquire or purchase, even at a
public or judicial auction, either in person or
through the mediation of another, the property
and rights which may be the object of any
litigation in which they take part by virtue of
their profession [Art. 1491(5), Civil Code].
Purpose: The prohibition is based on the existing
relation of trust or the lawyer’s peculiar control
over the property.
The duty of a lawyer is derived from the law on
agency which requires separation, accounting,
notification and delivery by agents possessing
the principal’s property [Funa].
Requisites
1. There is an attorney-client relationship;
2. The property or interest of the client is
in litigation;
3. The attorney takes part as counsel in the
case;
4. The attorney purchases or acquires the
property or right, by himself or through another,
during the pendency of litigation [Laig v. CA, G.R.
No. L-26882 (1978)]
Any scheme which has the effect of
circumventing the law comes within the
prohibition [Agpalo (2004)].
Instances when prohibition in Art. 1491, Civil
Code applies:

SUPPLEMENTARY NOTES FOR MIDTERMS
• Even if the purchase or lease of the
property in litigation is in favor of a partnership,
of which counsel is a partner [Mananquil v.
Villegas, A.C. No. No. 2430 (1990)]
• If the purchase is made by the wife of the
attorney
[In re: Calderon, G.R. No. L-2409 (1907)]
• Mortgage of property in litigation to the
lawyer. In this case, acquisition is merely
postponed until foreclosure but effect is the
same. It also includes assignment of property
[Ordonio v. Eduarte, A.M. No. 3216, (1992)].
• The purchase by a lawyer of the property
in litigation from his client is void and could
produce no legal effect [Art. 1409(7), Civil Code]
Instances when prohibition in Art. 1491 does not
apply:
• When the attorney is not a counsel in the
case involving the same property at the time of
acquisition;
• When purchaser is a corporation, even if
the attorney was an officer [Tuason v. Tuason,
G.R. No. L-3404 (1951)]
• When sale takes place after termination
of litigation, except if there was fraud or
use/abuse of confidential information or where
lawyer exercised undue influence;
• 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.
i. Fiduciary Relationship
Rule 16.01. A lawyer shall account for all money
or property collected or received for or from the
client.
Purpose: The lawyer merely holds said money or
property in trust.
When a lawyer collects or receives money from
his client for a particular purpose (such as for
filing fees, registration fees, transportation and
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office expenses), he should promptly account to
the client how the money was spent. If he does
not use the money for its intended purpose, he
must immediately return it to the client [Belleza
v. Macasa, A.C. No. No. 7815 (2009)].
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, A.C. No. No. 936
(1975)].
Ethical and practical considerations make it
both natural and imperative for a lawyer to issue
receipts, even if not demanded, and to keep
copes of the receipts for his own records [Tarog
v. Ricafort, A.C. No.
8243 (2011)].
A lawyer's failure, to return upon demand, the
funds held by him on behalf of his client gives rise
to the presumption that he has appropriated the
same for his own use in violation of the trust
reposed in him by his client [Sison v. Camacho,
A.C. No. No. 10910, (2016)].
A perusal of the Special Power of Attorney issued
by Camino and her husband to Atty. Pasagui
clearly shows that the loan application was in
their behalf and that the property mortgaged
was likewise their property. If it were true that it
was a personal loan to him, Atty. Pasagui failed
to explain why he used Camino's property as
collateral. Thus, by his failure to make good of
their agreement to use the loan proceeds for the
transfer of the title in Camino's name, Atty.
Pasagui not only betrayed the trust and
confidence reposed upon him but he is also
guilty of engaging in dishonest and deceitful
conduct. Atty. Pasagui’s failure to inform Camino
of the status of the transfer of title despite the
release of the loan to finance the transfer of the
title, is a clear indicium that he converted the
money for his own use [Camino v. Pasagui, A.C.
No. 11095, (2016)].

SUPPLEMENTARY NOTES FOR MIDTERMS
The [CPR] exacts from lawyers not only a firm
respect for law, legal processes and the courts
but also mandates the utmost degree of fidelity
and good faith in dealing with clients and the
moneys entrusted to them pursuant to their
fiduciary relationship. Instead of promoting
respect for law and the legal processes,
respondent callously demeaned the legal
profession by taking money from a client under
the pretext of having connections with a
Member of this Court [Berbano v. Barcelona,
A.C. No. 6084 (2003)].
The actuations of respondent in retaining for his
personal benefit over a one-year period, the
amount of P5,220.00 received by him on behalf
of his client, the complainant herein, depriving
her of its use, and withholding information on
the same despite inquiries made by her, is
glaringly a breach of the Lawyer's Oath to which
he swore observance, and an evident
transgression of the [CPE] … substantially
reiterated in Rules 16.01. 16.02 and 16.03 of the
[CPR] [Licuanan v. Melo, A.M. No. 2361 (1989)].
ii. Commingling of Funds
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.
A lawyer should not commingle a client’s money
with that of other clients and with his private
funds, nor use the client’s money for his personal
purposes without the client’s consent [Daroy v.
Legaspi, A.C. No. No. 936 (1975)].
Respondent breached [Canon 16]. His acts of
acquiring for himself complainant’s lots
entrusted to him are, by any standard, acts
constituting gross misconduct, a grievous wrong,
a forbidden act, a dereliction in duty, willful in
character, and implies a wrongful intent and not
mere error in judgment. Such conduct on the
part of respondent degrades not only himself
but also the name and honor of the legal
profession. He violated this Courts mandate that
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lawyers must at all times conduct themselves,
especially in their dealing with their clients and
the public at large, with honesty and integrity in
a manner beyond reproach. [Hernandez v. Go,
A.C. No. 1526 (2005)].
iii. Delivery of Funds
Rule 16.03. A lawyer shall deliver the funds
and property of his client when due or upon
demand. However, he shall have a lien over the
funds and may apply so much thereof as may be
necessary to satisfy his lawful fees and
disbursements, 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.
When an attorney unjustly retains in his hands
money of his client after it has been demanded,
he may be punished for contempt as an officer
of the Court who has misbehaved in his official
transactions; but proceedings under Sec. 25,
Rule 138 shall not be a bar to criminal
prosecution.
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, A.C. No. No. 4349 (1997)]
An attorney has 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 [Sec. 37, Rule
138, RoC]
But, a lawyer is not entitled to unilaterally
appropriate his client’s money for himself by the
mere fact alone that the client owes him
attorney’s fees. The fact alone that a lawyer has
a lien for fees on moneys in his hands collected
for his client does not relieve him of his duty to

SUPPLEMENTARY NOTES FOR MIDTERMS
promptly account for the moneys received; his
failure to do so constitutes professional
misconduct [Rayos v. Hernandez, G. R. 169079
(2007)].
iv. Borrowing or Lending
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.
A lawyer is prohibited from borrowing money
from his client
Purpose: This rule is intended to prevent the
lawyer from taking advantage of his influence
over his client [Junio v. Grupo, A.C. No. 5020
(2001)].
The canon presumes that the client is
disadvantaged by the lawyer’s ability to use all
the legal maneuverings to renege on her
obligation [Frias v. Lozada, A.C. No. No. 6656
(2005)].
The profession demands of an attorney an
absolute abdication of every personal advantage
conflicting in any way, directly or indirectly, with
the interest of his client [Barnachea v. Quiocho,
A.C. No. No. 5925 (2003)].
A lawyer who borrows jewelry from his client in
order to obtain and appropriate for himself the
proceeds from a pledge is liable under this canon
[Yu v. Dela Cruz, A.C. No. No. 10912, (2016)].
A lawyer is prohibited from lending money to
his client
Purpose: The canon intends to assure the
lawyer’s independent professional judgment, for
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if the lawyer acquires a financial interest in the
outcome of the case, the free exercise of his
judgment may be adversely affected [Agpalo
(2004)].
Exception: When, in the interest of justice, he
has to advance necessary expenses in a legal
matter he is handling.
Prohibition against purchase of “property in
litigation”
The following persons cannot acquire by
purchase, even in a public action, either in
person or through the mediation of another,
property and rights in litigation, before the court
within whose jurisdiction, they exercise their
respective functions: [Art. 1491, Civil Code]:
1. Justices, Judges, Prosecuting Attorneys
2. Clerks, officers and employees connected
with the administration of justice
3. Lawyers with respect to property rights
which may be the object of litigation, in which
they may take part by virtue of their profession.
The prohibition is absolute and permanent and
rests on consideration of public policy.
The prohibition applies in the following:
• Redemption, compromise and renunciation
of the subject in litigation
• Lease
• Assignment of rights over a property
in consideration of legal service while the case is
pending [Ordonio v. Eduarte, AC 3216, (1992)]
The prohibition does not apply in the following:
• Where the property purchased by the
lawyer was not involved in litigation
• Where the sale took place before it
became involved in the suit
• Where the attorney at the time of the
purchase was not the counsel in the case
• Where the purchaser of the property in
litigation was a corporation, despite the attorney
being an officer thereof

SUPPLEMENTARY NOTES FOR MIDTERMS
• Where the sale took place after the
termination of the litigation, the lawyer may
accept an assignment from his client of a money
judgment rendered in the client’s favor in a case
in which he was not the counsel, as payment for
professional services performed in another case
d. Fidelity to Client’s Cause
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.
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, A.C.
No. No. 3195 (1989)].
Once he agrees to take up the cause of the client,
no fear or judicial disfavor or public unpopularity
should restrain him from the full discharge of his
duty [Santiago v. Fojas, A.M. No. 4103 (1995)].
In the discharge of his duty of entire devotion to
the client's cause, a lawyer should present every
remedy or defense authorized by law in support
of his client’s cause, regardless of his personal
views. He should not be afraid of the possibility
that he may displease the judge or the general
public [Agpalo (2004)].
e. Competence and Diligence
CANON 18. A lawyer shall serve his client with
competence and diligence.
A lawyer must exercise ordinary diligence or
that reasonable degree of care and skill having
reference to the character of the business he
undertakes to do, as any other member of the
bar similarly situated commonly possesses and
exercises [Pajarillo v. WCC, G.R. No. L-42927
(1980)].
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In the absence of evidence on the contrary,
however, a lawyer is presumed to be prompt and
diligent in the performance of his obligations and
to have employed his best efforts, learning, and
ability in the protection of his client’s interests
and in the discharge of his duties as an officer of
the court [Agpalo (2004)].
i. Adequate Preparation
Rule 18.02. A lawyer shall not handle any legal
matter without adequate preparation.
A lawyer should safeguard his client’s rights and
interests by thorough study and preparation,
mastering applicable law and facts involved in a
case, and keeping constantly abreast of the
latest jurisprudence and developments in all
branches of the law [Agpalo (2004)].
A lawyer should give adequate attention, care
and time to his cases. This is the reason why a
practicing lawyer should accept only so many
cases he can handle. [Legarda v. CA, G.R. No.
94457 (1991)]
The lawyer’s diligence and dedication to his work
and profession not only promote the interest of
his client, it likewise help attain the ends of
justice by contributing to the proper and speedy
administration of cases, bring prestige of the
bar and maintain respect to the legal profession
[Endaya v. Oca, A.C. No. 3967 (2003)].
ii. Negligence
Rule 18.03. A lawyer shall not neglect a legal
matter entrusted to him, and his negligence in
connection therewith shall render him liable.
If by reason of the lawyer’s negligence, actual
loss has been caused to his client, the latter has
a cause of action against him for damages
[Callanta].

SUPPLEMENTARY NOTES FOR MIDTERMS
General rule: A client is bound by the attorney’s
conduct, negligence and mistake in handling the
case or in management of litigation and in
procedural technique, and he cannot be heard to
complain that result might have been different
had his lawyer proceeded differently.
• Doctrine of Imputed Knowledge: Notice
to counsel is notice to client
Exceptions: The client is not so bound where the
ignorance, incompetence or inexperience of
lawyer is so great and error so serious that the
client, who has good cause, is prejudiced and
denied a day in court [People v. Manzanilla, G.R.
No. L-17436 (1922); Alarcon v. CA, G.R. No.
126802 (2000)]
Examples of lawyer’s negligence:
• Failure of counsel to ask for additional
time to answer a complaint resulting in a default
judgment against his client (Mapua v. Mendoza,
G.R. No. L-19295 (1923)]
• 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, G.R. No. L-19299 (1964)]
• Failure to file briefs within the
reglementary period [People v. Cawili, G.R. No.
L-30543, (1970)]
• Failure to attend a 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, G.R. No. L-4039 (1952)]
• Failure to appear at pre-trial [Agravante
v. Patriarca, G.R. No. L-48324 (1990)]
• Failure of counsel to notify clients of
the scheduled trial which prevented the latter to
look for another lawyer to represent them while
counsel was in the hospital [Ventura v. Santos,
59 Phil. 123 (1993)]
• 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,
A.M. No. 249 (1978)]
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• Failure to pay the appellate docket fee
after receiving the amount for the purpose
[Capulong v. Alino, A.M. No. 381 (1968)]
• Failure to file a Motion for Reconsideration
and to update clients of the adverse result of a
case [Orazme v. Oro, A.C. No. No. 10945, (2016)]
• Withdrawing from a case without the
proper motion and without informing the client
[Chang v. Hidalgo, A.C. No. No. 6934 (2016)]
iii. Collaborating Counsel
Rule 18.01. A lawyer shall not undertake a legal
service which he knows or should know that he
is not qualified to tender. 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 possesses the requisite degree
of academic learning, skill and ability necessary
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 ordinary diligence or
that reasonable degree of care and skill
demanded of the business he undertakes to do,
to protect the client’s interests and take all steps
or do all acts necessary thereof [Uy v. Tansinsin,
A.C. No. 8252 (2009)]; and
4. That he will take steps as will adequately
safeguard his client’s interests [Islas v. Platon,
G.R. No. L-23183 (1924)]
A collaborating counsel is a lawyer who is
subsequently engaged to assist another lawyer
already handling a particular case for a client. He
cannot just enter his appearance as
collaborating counsel without the conformity of
the first counsel.

SUPPLEMENTARY NOTES FOR MIDTERMS
The same diligence of the first counsel is
required of the collaborating counsel [Sublay v.
NLRC, G.R. No. 130104, (2000)].
iv. Duty to Apprise Client
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
client’s request for information.
Duty to Keep the Client Fully Informed
1. The client must receive from the lawyer,
full and periodic updates on the developments
affecting the case;
2. The lawyer should apprise the client of the
mode and the manner which the he is utilizing to
defend the client’s interests;
3. The lawyer must advise the client of the
risks, alternatives and their consequences;
4. The client must be informed within the
period to appeal to enable him to decide
whether or not he will still seek appellate
review of an adverse decision.
The relationship of lawyer-client being one of
confidence, there is ever-present the need for
the lawyer to inform timely and adequately the
client of important developments affecting the
client’s case [Carandang v. Obmina, A.C. No.
7813 (2009)].
Even if the lawyer was honestly and sincerely
protecting the interests of his client, he still does
not have the right to waive the appeal without
the knowledge and consent of his client [Abay v.
Montesino, A.C. No. 5718 (2003)].
The client should not, however, sit idly by. It is
also his duty to make proper inquiries from his
counsel concerning his case, in keeping with that
standard of care which an ordinarily prudent
man bestows upon his important business
[Agpalo (2004)].
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f. Representation with Zeal within Legal
Bounds
CANON 19. A lawyer shall represent his client
with zeal within the bounds of the law.
A lawyer’s duty is not to his client but to the
administration of justice; To that end, his client’s
success is wholly subordinate and his conduct
ought to and must always be unscrupulously
observant of law and ethics [Magsalang v.
People, GR. 90083, (1990)].
i. Use of Fair and Honest Means
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.
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 [Sec. 20(d), Rule 138,
RoC].
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, A.C. No. No. 7298
(2007)].
ii. Client’s Fraud
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
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SUPPLEMENTARY NOTES FOR MIDTERMS

shall terminate the relationship with such client appeal, without the consent of his client. His
in accordance with the Rules of Court. remedy is to withdraw from the case People v
Pagarao, GR. 930026-27, (1991)].
This rule merely requires the lawyer to terminate
his relationship with the client in the event the Presumption of Authority
latter fails or refuses to rectify the fraud. The An attorney is presumed to be properly
lawyer may not volunteer the information authorized to represent any cause in which he
concerning the client’s commission of fraud to appears in all stages of the litigation and no
anyone, as it will violate his obligation to written authority is required to authorize him to
maintain the client’s secrets undisclosed [Agpalo appear. A mere denial by a party that he has
(2004)]. authorized an attorney to appear, in the absence
of compelling reason, is insufficient to overcome
iii. Procedure in Handling a Case the presumption especially when the denial
comes after an adverse judgment. [Agpalo
Rule 19.03. A lawyer shall not allow his client to (2004)].
dictate the procedure on handling the case.
g. Attorney’s fees
Within client’s Within counsel’s
control control CANON 20. A lawyer shall charge only fair and
Substantial Aspect Procedural Aspect reasonable fees.
The cause of action, All the proceedings in
the claim or demand court to enforce the Any counsel worthy of his hire is entitled to be
sued upon, and the remedy, to bring the fully recompensed for his services. With his
subject matter of the claim, demand, cause capital consisting solely of his brains and with his
litigation are all of action, or subject skill, acquired at tremendous cost not only in
within the exclusive matter of the suit to money but in the expenditure of time and
control of a client. hearing, trial, energy, he is entitled to the protection of any
determination, judicial tribunal against any attempt of the part
judgment, and of the client to escape payment of his fees
execution, are within [Albano v. Caloma, A.C. No. 528 (1967)].
the exclusive control
of the attorney An attorney is entitled to have and recover from
[Belandres v. Lopez his client no more than a reasonable
Sugar Central Mill, compensation for his services with a view to:
G.R. No. L-6869 1. The importance of the subject matter of
(1955)]. the controversy;
2. The extent of the services rendered; and
3. The professional standing of the attorney.
An attorney may not impair, compromise, settle,
surrender, or destroy rights without his client's No court shall be bound by the opinion of
consent. A lawyer has no implied authority to attorneys as expert witnesses as to the proper
waive his client’s right to appeal or to withdraw compensation but may disregard such testimony
a pending appeal. and base its conclusion on its own professional
knowledge.
If a lawyer believes that the appeal of his client
is frivolous, he cannot move to dismiss the
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SUPPLEMENTARY NOTES FOR MIDTERMS
A written contract for services shall control
the amount to be paid therefore unless found by
the court to be unconscionable or unreasonable
[Sec. 24, Rule 138, RoC].
Subject to the availability of funds, the court
may, in its discretion, order an attorney
employed as counsel de officio to be
compensated in such a sum as the court may fix
in accordance with Sec. 24, Rule 138, RoC [Sec.
32, Rule 138, RoC].
The mere fact that an agreement had been
reached between attorney and client fixing the
amount of the attorney’s fees, does not insulate
such agreement from review and modification
by the Court where the fees clearly appear to be
excessive or unreasonable [Tanhueco v. De
Dumo, A.M. No. 1437 (1989)].
When a lawyer cannot recover the full amount
stipulated in the contract
1. When the services were not performed,
and if 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 or unreasonable;
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.
When there is no express contract
The absence of a formal contract will not negate
the payment of attorney’s fees because the
contract may be express or implied. In the
absence of an express contract, payment of
attorney’s fees may be justified by virtue of the
innominate contract of facio ut des (I do and you
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give) which is based on the principle that “no one
shall enrich himself at the expense of another”
[Corpus v. CA, G.R. No. L-40424 (1980)].
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) 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 from 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.
Manners by which attorneys may be paid
• A fixed or absolute fee which is payable
regardless of the result of the case;
• A contingent fee that is conditioned upon
the securing of a favorable judgment and
recovery of money or property and the amount
of which may be on a percentage basis;
• A fixed fee payable per appearance;
• A fixed fee computed by the number of
hours spent;
• A fixed fee based on a piece of work;
• A combination of any of the above
stipulated fees.
Rule 20.02. A lawyer shall, in cases of referral,
with the consent of the client, be entitled to a
division of fees in proportion to work
performed and responsibility assumed.
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The referral of a client by a lawyer to another Court Townhouses Homeowners Association v.

lawyer does not entitle the former to a Dioneda, A.C. No. No. 5162 (2003)].
commission or to a portion of the attorney’s
fees. It is only when, in addition to the referral, Failure to render the legal services agreed
he performs legal service or assumes upon, despite receipt of an acceptance fee, is a
responsibility in the case that he will be entitled clear violation of the CPR [Macarulay v. Seriña,
to a fee [Agpalo (2004)]. A.C. No. No.
6591 (2005)].
Rule 20.03. A lawyer shall not, without the full
knowledge and consent of the client, accept any ii. Contingency Fee Arrangements
fee, reward, costs, commission, interest, rebate
or forwarding allowance or other compensation Champertous Contingent Contract
whatsoever related to his professional Contract
employment from anyone other than the client. A champertous A contingent contract
contract is one where is an agreement in
Purpose: The rule is designed to secure the the lawyer stipulates which the lawyer’s
lawyer’s fidelity to the client’s cause and to with his client that he fee, usually a fixed
prevent that situation in which receipt by him of will bear all the percentage of what
a rebate or commission from another in expenses for the may be recovered in
connection with the client’s cause may interfere prosecution of the the action, is made to
with the full discharge of his duty to his client case, the recovery of depend upon the
[Agpalo (2004)]. things or property success in the effort
being claimed, and to enforce or defend
It is the duty of an attorney to accept no the latter pays only the client’s right. The
compensation in connection with his client’s upon successful lawyer does not
business except from him or with his knowledge litigation. undertake to
and approval [Sec. 20(e), Rule 138, RoC]. shoulder the
expenses of litigation.
A corollary of the foregoing rule is the principle
that whatever a lawyer receives from the This contract is void It is a valid
opposite party in the service of his client belongs for being against agreement.
to the client. A lawyer may not claim the fees in public policy.
the concept of damages awarded by the court in
favor the client, the latter and not the former Contingent fee contracts are subject to the
being entitled thereto, except when he and his supervision and close scrutiny of the court in
client have agreed that whatever amount the order that clients may be protected from unjust
court may award as attorney's fees would form charges. A much higher compensation is allowed
part of the lawyer's compensation [Agpalo as contingent fees because of the risk that the
(2004)]. lawyer may get nothing if the suit fails [Masmud
v. NLRC, G.R. No. 183385 (2009)].
i. Acceptance Fees
iii. Attorney’s Liens
Acceptance of money from a client establishes
an attorney-client relationship and gives rise to RETAINING LIEN
the duty of fidelity to the client’s cause [Emiliano

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An attorney shall have a lien upon the funds, Lawful possession of Securing of a
documents and papers of his client which have funds, papers, favorable money
lawfully come into his possession. Thus: documents, property judgment for client
1. He may retain the same until his lawful belonging to client
fees and disbursements have been paid; Coverage
2. May apply such funds to the satisfaction Covers only funds, Covers all judgments
thereof. [Sec. 37, Rule 138, RoC] papers, documents, for the payment of
and property in the money and
Requisites: lawful possession of executions issued in
1. Attorney-client relationship; the attorney by pursuance of such
2. Lawful possession by lawyer of the client’s reason of his judgment
funds, documents and papers in his professional professional
capacity; and employment
3. Unsatisfied claim for attorney’s fees Effectivity
or disbursements. As soon as the lawyer As soon as the claim
gets possession of the for attorney’s fees
CHARGING LIEN funds, papers, had been entered
He shall also have a lien to the same extent upon documents, property into the records of
all judgments for the payment of money, and the case
executions issued in pursuance of such Applicability
judgments, which he has secured in a litigation May be exercised Generally, it is
of his client. This lien exists from and after the before judgment or exercisable only
time when he shall have caused: execution, or when the attorney
1. A statement of his claim of such lien to be regardless thereof had already secured a
entered upon the records of the court rendering favorable judgment
such judgment, or issuing such execution; and for his client
2. Written notice thereof to be delivered to Notice
his client and to the adverse party. Client need not be Client and adverse
notified to make it party need to notified
From then on, he shall have the same right and effective to make it effective
power over such judgments and executions as
his client would have to enforce his lien and iv. Fees and Controversies with Clients
secure the payment of his just fees and (Quantum Meruit)
disbursements [Sec. 37, Rule 138, RoC].
Rule 20.04. A lawyer shall avoid controversies
Requisites: with clients concerning his compensation and
1. Attorney-client relationship; shall resort to judicial action only to prevent
2. The attorney has rendered services; imposition, injustice or fraud.
3. A money judgment favorable to the client
has been secured in the action; and A lawyer should avoid controversies with
4. The attorney has a claim for attorney’s fees clients concerning compensation so far as shall
or advances statement of his claim has been be compatible with self-respect and with his
recorded in the case with notice served upon the right to receive a reasonable recompense for his
client and adverse party. services, and he should resort to law suits with
clients only to prevent injustice, imposition or
Basis fraud. Lawyers thus seldom, if ever, file judicial
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SUPPLEMENTARY NOTES FOR MIDTERMS
actions for the recovery of their fees unless
righteous and well founded and unless forced by
the client's intolerable attitude because such
lawsuits cannot fail to create the impression,
however, wrong it may be, that those instituting
them are mercenaries [Agpalo (2004)].
Judicial actions to recover attorney’s fees:
1. An appropriate motion or petition as an
incident in the main action where he rendered
legal services;
2. A separate civil action for collection of
attorney’s fees.
QUANTUM MERUIT: “as much as a lawyer
deserves.” Essential requisite: Acceptance of the
benefits by one sought to be charged for
services rendered under circumstances as
reasonably to notify him that lawyer expects
compensation.
When authorized:
1. The agreement as to counsel fees is invalid
for some reason other than the illegality of the
object of performance;
2. There is no express contract for attorney’s
fees agreed upon between the lawyer and the
client;
3. When although there is a formal contract
of attorney’s fees, the stipulated fees are found
unconscionable or unreasonable by the court;
4. When the contract for attorney’s fees is
void due to purely formal matters or defects of
execution;
5. When the counsel, for justifiable cause, was
not able to finish the case to its conclusion;
6. When lawyer and client disregard the
contract of attorney’s fees;
7. When there is a contract, but no stipulation
as to attorney’s fees.
Quantum Meruit Guidelines
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.
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2. Nature and 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.
5. Loss of opportunity for other employment
on the part of the lawyer who accepts the
retainer. It is only but fair that a client should
compensate his lawyer for being deprived of the
chance to earn legal fees from others by reason
of his employment as his counsel.
6. Results secured. The importance to a client
of his lawyer’s services depends upon the
successful outcome of his litigation.
7. Whether the fee is contingent.
8. Capacity of client to pay.
A determination of all these factors would
indispensably require nothing less than a full-
blown trial where private respondent can
adduce evidence to establish its right to lawful
attorney's fees and for petitioner to oppose or
refute the same [Metrobank v. CA, G.R. No.
86100 (1990)].
The above rules apply in the case of a counsel de
parte. A counsel de officio may not demand from
the accused attorney’s fees even if he wins the
case. However, subject to availability of funds,
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.
v. Concepts of Attorney’s Fees
Ordinary concept Extraordinary
concept
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An attorney’s fee is An attorney’s fee is business except from him or with his knowledge
the reasonable an indemnity for and approval [Sec. 20(e), Rule 138, RoC].
compensation paid to damages ordered by
a lawyer for the legal the court to be paid Imposition of Criminal Liability
services he has by the losing party to 1. Upon any lawyer who, by any malicious
rendered to a client. the prevailing party in breach of professional duty or of inexcusable
Its basis of this litigation. The basis of negligence or ignorance, reveals any of the
compensation is the this is any of the cases secrets of the latter learned by him in his
fact of employment authorized by law professional capacity.
by the client. and is payable not to 2. Upon a lawyer who, having undertaken
the lawyer but to the the defense of a client or having received
client – unless they confidential information from said client in a
have agreed that the case, undertakes the defense of the opposing
award shall pertain to party in the same case, without the consent of
the lawyer as his first client. [Art.
additional 209, RPC]
compensation or as
part thereof [Traders The protection given to the client is perpetual
Royal Bank and does not cease with the termination of the
Employees Union- litigation, nor is it affected by the party’s ceasing
Independent v. NLRC, to employ the attorney and retaining another, or
G.R. No. 120592 by any other change of relation between them.
(1997)]. It even survives the death of the client [Genato
v. Silapan, supra.].
h. Preservation of Client’s Confidences
i. Prohibited Disclosures and Use
CANON 21. A lawyer shall preserve the
confidence and secrets of his client even after Rule 21.02. A lawyer shall not, to the
the attorney- client relation is terminated. disadvantage of his client, use information
acquired in the course of employment, nor shall
Purposes he use the same to his own advantage or that
• Unless the client knows that his attorney of a third person, unless the client with full
cannot be compelled to reveal what is told to knowledge of the circumstances consents
him, he will suppress what he thinks to be thereto.
unfavorable and the advice which follows will be
useless if not misleading Rule 21.03. A lawyer shall not, without the
• To encourage a client to make full written consent of his client, give information
disclosure to his attorney and to place from his files to an outside agency seeking such
unrestricted confidence in him in matters information for auditing, statistical,
affecting his rights or obligations [Agpalo bookkeeping, accounting, data processing, or
(2004)]. any similar purpose.
It is the duty of an attorney to maintain inviolate
the confidence, and at every peril to himself to The work and product of a lawyer, such as his
preserve, the secrets of his client and to accept effort, research, and thought, and the records of
no compensation in connection with his client’s his client, contained in his files are privileged
matters. Neither the lawyer nor, after his death,
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his heir or legal representative may properly
disclose the contents of such file cabinet without
client’s consent [Agpalo (2004)].
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.
The client’s secrets which clerical aids of lawyers
learn of, in the performance of their services are
covered by privileged communication. It is the
duty of lawyer to ensure that this is being
followed (e.g., execution of confidentiality
agreements) [Agpalo (2004)].
Rule 21.06. A lawyer shall avoid indiscreet
conversation about a client’s affairs even with
members of his family.
A lawyer must also preserve the confidences
and secrets of his clients outside the law office,
including his home. He should avoid committing
calculated indiscretion, that is, accidental
revelation of secrets obtained in his professional
employment [Agpalo (2004)].
Rule 21.07. A lawyer shall not reveal that he has
been consulted about a particular case except
to avoid possible conflict of interest.
(See also Rules 15.01 and 14.03)
The privileged communication rule applies even
to prospective clients
The 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. This rule, of course,
is subject to exception of representation of
conflicting interests [Agpalo (2004)].
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ii. Disclosure, When Allowed
Rule 21.01. A lawyer shall not reveal the
confidences 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.
Rule 21.01(a) refers to a waiver by the client.
Since the attorney-client privilege against
disclosure of the client's confidence is intended
primarily for the client's protection, only the
client as a rule can waive the privilege.
Rule 21.01 (b) and (c) are for the protection of
the attorney’s rights. The privileged relation
cannot be used as a shield against wrongdoing
nor can it be employed as an excuse to deny a
lawyer the right to protect himself against abuse
by the client or false charges by third persons
[Agpalo (2004)].
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.
The professional employment of a law firm is
equivalent to the retainer of the members
thereof even though only one of them is
consulted; conversely, the employment of one
member of a law firm is generally considered as
employment of the law firm [Agpalo (2004)].
i. Withdrawal of services
CANON 22. A lawyer shall withdraw his services
only for good cause and upon notice
appropriate in the circumstances.

SUPPLEMENTARY NOTES FOR MIDTERMS
An attorney-client relationship may be
terminated by the client, the lawyer, or by the
court for reasons beyond the parties’ control.
The termination entails certain duties on the
part of the client and his lawyer. [Agpalo (2004)].
Causes of termination of attorney-client
relationship
1. Withdrawal of the lawyer
2. Death of the lawyer
3. Disbarment or suspension of the lawyer
from the practice of law;
4. Declaration of presumptive death of the
lawyer;
5. Conviction of a crime and imprisonment of
the 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 the 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 discharge
his attorney at any time with or without just
cause or even against his consent.
Exceptions:
1. The client cannot deprive his counsel of
right to be paid services if the dismissal is
without cause.
2. The client cannot discharge his counsel as
an excuse to secure repeated extensions of time.
3. Notice of discharge is required for both the
court and the adverse party [Agpalo (2004)].
A client may at any time dismiss his attorney or
substitute another in his place, but if the
contract between the client and the attorney has
been reduced to writing and the dismissal was
without justifiable cause, he shall be entitled to
recover from the client the full compensation
stipulated in the contract [Sec.
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BASED ON U.P. COLLEGE OF LAW B.O.C REVIEWER
FOR JMC – FIRST YEAR
26, Rule 138, RoC].
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.
A lawyer may retire at any time from any action
or special proceeding:
• With the written consent of his client filed
in court and copy thereof served upon the
adverse party; or
• Without the consent of his client, should
the court, on notice to the client and attorney,
and on hearing, determine that he ought to be
allowed to retire [Sec. 26, Rule 138, RoC].
General rule: The withdrawal in writing, with the
client’s conformity, does not require the
approval of the court to be effective.
Exception: If no new counsel has entered his
appearance, the court may, in order to prevent a
denial of a party’s right to the assistance of
counsel require that the lawyer’s withdrawal be
held in abeyance until another lawyer shall have
appeared for the party [Villasis v. CA, G.R. No. L-
34369 (1974)].
Although a lawyer may withdraw his services
when the client deliberately fails to pay the fees
 BASED ON U.P. COLLEGE OF LAW B.O.C REVIEWER
FOR JMC – FIRST YEAR
SUPPLEMENTARY NOTES FOR MIDTERMS

for the services, withdrawal is unjustified if client

did not deliberately fail to pay [Montano v. IBP,
A.C. No. No. 4215 (2001)].

Rule 22.02. A lawyer who withdraws or is

discharged shall, subject to a retaining 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.

Requirements of a valid substitution of counsel

1. The filing of a written application for
substitution
2. The client’s written consent
3. The written consent of the attorney to
be substituted.

If the above written consent cannot be secured,

a proof of service of notice of such motion on the
attorney to be substituted [Agpalo (2004)].

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, G.R. No. 134854
(2000)].

The offensive attitude of a client is not an excuse

to just disappear and withdraw from a case
without notice to the court and to the client,
especially when attorney’s fees have already
been paid [Chang v. Hidalgo, A.C. No. 6934
(2016)].

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