Magusara vs Rastica
jurisdiction.
Courts can only exercise its disciplinary powers after
observing due process and upon showing of the lawyer’s
administrative guilty by clear, convincing and satisfactory
evidence.
This norm is aimed at preserving the integrity and reputation
of the law profession and at shielding lawyers due to their
being officers of the court.
Further, the filing of multiple petitions and complaints
constitutes abuse of court processes which degrades the
administration of justice.
The public must be mindful that lawyers are bound to observe
and follow the strictest ethical cannons. Subjecting them to
frivolous and unfounded charges would not only cause
disservice to the ideals justice but also disregards the
constitution and other laws to which they vow their enduring
fealty.
Palad vs Solis
Since petitioner has already become a public figure upon his
involvement in the highly-publicized controversy concerning
his client, then, the disciplinary case filed against him has
already become a matter of public interest. The media,
therefore, has the right to report the disciplinary case as
legitimate news.
The fact that there is no evidence showing that respondents
published the article to influence the Courts in its action to the
disciplinary case nor to deliberately destroy his reputation, the
confidentiality rule shall not be deemed violated.
Chua vs De Castro
Violated the Code of Professional Responsibility by constantly
maneuvering ways to successfully delay the disposition of the
case against his client.
He effectively impeded the administration of justice and
inflicted injury and prejudice to NCRC.
Z vs Z
The dismissal of all the other charges against him, coupled
with the various certifications of good moral character, is
sufficient for the court to conclude that he possesses the moral
qualifications required of lawyers.
While it is true that the practice of law is not a right but a
privilege, it cannot be unjustly withheld from a person who
had clearly shown that he is intellectually and morally
qualified to join the legal profession.
Segura vs Fabila
The administrative case should be dismissed for lack of
The acts complained of arose from the respondent’s
performance of his official duties as public prosecutor. The
authority therefore to investigate and discipline respondent
pertains to his superior, the SoJ. The authority may likewise
pertain to the office of the Ombudsman, which similarly
exercise disciplinary jurisdiction over public prosecutors as
public officials.
The respondent’s accountability as an official discharging his
official duties is always to be differentiated from his
accountability as a member of the Philippine Bar.
IBP has no jurisdiction to investigate respondent as such is a
government lawyer.
Medado
While honest Mistake of fact could be used to excuse a person
from the legal consequences of his acts, mistake of law cannot
be used as lawful justification, because everyone is presumed
to know the law.
While MEdado may have first operated under an honest
mistake of fact, when he thought that what he signed was the
roll of attorneys. However the moment that he realized that
what he signed was a mere attendance record he can no longer
claim an honest mistake of fact.
He should have known that he is not yet a full-fledged lawyer.
When, in spite of his knowledge, he continued practicing law
without taking the necessary steps to complete all the
requirements for admission to the bar, he willfully engaged in
the unathorized practice of law.
Meling:
The practice of law, whether under the sharia or regular courts,
is privilege bestowed upon those who are not only learned in
law but also those who are known to possess good moral
character. Possession is not only condition precedent but its
continued possession is likewise essential in remaining in the
practice of law.
The standard form issued in connection with the application
requires the disclosure of the cases filed or is pending against
the applicant.
The disclosure requirement is for the court to determine
whether there is satisfactory evidence that he is of good moral
character.
The failure to disclose the pending cases speaks of his lack of
good moral character and forfeits his privileges bestowed upon
him as member of the Sharia bar.
The use of the word attorney is reserved only upon those who
have obtained the degree in the study of law and have passed
the bar examinations and remain members in good standing.

Distrito
He was less than honest when he did not declare that he had
pendng cases filed against him.
Rule 7.02 requires of every applicant candor and truthfulness.
Every applicant should lay before the court all his involvement
in any cases, pending or otherwise to enable the court to
determine his moral character.
It is a person’s duty to disclose a material fact which could
affect his application for admission to the bar.
It is not the commission of the crime but the concealment that
makes one morally unfit to become a lawyer.
The unauthorized use of the appellation may render a person
liable for indirect contempt of court. The court may deny the
applicant’s petition to take the lawyer’s oath for grave
misconduct.
Camino vs Atty. Pasagui
 Atty. Pasagui violated their agreement for him to faciliate
and secure a loan to finance the necessary expenses for
the transfer of the property under the name of complainant
 He was able to secure a loan using the title as collateral
but he arrogated the proceeds to himself
Respondent was guilty of DECEIT, MALPRACTICE, and
GROSS MISCONDUCT for converting the money of his
client to his own personal use without her consent.
By violating their agreement,
 He not only betrayed the trust and confidence reposed
upon him
 but he is guilty of engaging in dishonest and deceitful
conduct
 degraded himself and besmirched the name of an
honorable profession
penalty:
 disbarment
 return the loan proceeds with interest
Arreola vs Atty. Mendoza
Atty. Mendoza made irresponsible advices to her clients in
violation of Rule 1.02 and Rule 15.07
Rule 1.02
A lawyer shall not counsel or abet activities aimed at defiance
of the law or at lessening confidence in the legal system.
Rule 15.07
A lawyer shall impress upon his client compliance with the
laws and principles of fairness.
Atty. Mendoza’s improper advice only lessens the confidence
of the public to the legal system.
Judges must be free to judge, without pressure or influence
from external forces or factors.
Her careless remark is uncalled for.
A lawyer’s duty is not to his client but to the administration of
justice. His client’s success is wholly subordinate.
His conduct must always be scrupulously observant of the law
and ethics.
Any means, not honorable, fair and honest, which is resorted
to by the lawyer, even in the pursuit of his devotion to his
client’s cause, is condemnable and unethical.
Penalty:
2 months suspension is excessive.
While her remark was inappropriate and unbecoming, her
comment is not disparaging and reproachful fo as to cause
dishonor and disgrace to the Judiciary.
Zalamea vs Atty De Guzman
purchase by a lawyer of his client's property or interest in
litigation is a breach of professional ethics and constitutes
malpractice.
The persons mentioned in Article 1491 are prohibited from
purchasing said property because of an existing trust
relationship.
A lawyer is disqualified from acquiring by purchase the
property and rights in litigation because of his fiduciary
relationship with such property and rights, as well as with the
client.
The very first Canon of the Code of Professional
Responsibility5 provides that "a lawyer shall
 uphold the Constitution,
 obey the laws of the land and
 promote respect for law and legal process."
Canon 17 states that a lawyer owes fidelity to the cause of his
client and he shall be mindful of the trust and confidence
reposed in him, while
Canon 16 provides that "a lawyer shall hold in trust all moneys
and properties of his client that may come into his possession."
Further, Section 3, Rule 138 of the Revised Rules of Court
requires every lawyer to take an oath to obey the laws as well
as the legal orders of the duly constituted authorities. And for
any violation of this oath, a lawyer may be suspended or
disbarred by the Court. All of these underscore the role of the
lawyer as the vanguard of our legal system. The transgression
of any provision of law by a lawyer is a repulsive and
reprehensible act which the Court will never
countenance.6chanrobleslaw
Here, the accusation against De Guzman stemmed from his
wife's purchase of the Speaker Perez property from BDO
when Manuel Enrique did not have the means to buy it. The
Zalameas claim that De Guzman, as their counsel, could not
acquire the property, either personally or through his wife,
without violating his ethical duties. De Guzman therefore has
breached the same when his wife purchased the subject
property.
However, the prohibition which the Zalameas invoke does not
apply where the property purchased was not involved in
litigation. De Guzman clearly never acquired any of his
client's properties or interests involved in litigation in which
he may take part by virtue of his profession. There exists not
even an iota of proof indicating that said property has ever
been involved in any litigation in which De Guzman took part
by virtue of his profession. True, they had previously sought
legal advice from De Guzman but only on how to handle their
mother's estate, which likewise did not involve the contested
property. Neither was it shown that De Guzman's law firm had
taken part in any litigation involving the Speaker Perez
property.
The prohibition which rests on considerations of public policy
and interests is intended to curtail any undue influence of the
lawyer upon his client on account of his fiduciary and
confidential relationship with him.
Mercullo vs Ramon
A lawyer shall not neglect the legal matters entrusted to her.
A laywer shall not engage in an unlawful, dishonest, immoral
and deceitful conduct.
Lenhert vs Dino
A lawyer shall uphold the constitution, obey the laws and
promote respect for the law and the legal processes
Canon 7, 8, and 9. Duty to the legal profession.
1. The first one is to uphold the integrity of the profession.
- A lawyer at all times shall uphold integrity and
dignity of the legal professional and support activities
of the integrated bar.
Integrity - This is the quality of being honest or having strong
moral principles or moral uprightness.
A person initially shall make no false statements in his petition
to take the bar exams
person who is seeking to be admitted to the Philippine bar
must know that and must also shown proof that he has all the
qualifications and none of the disqualifications to be admitted
as prescribed by law
2. lawyer shall not support unqualified applicants to the
bar. unqualified with respect to character and
education
3. a lawyer should conduct himself ethically and
morally
- can uphold the integrity and dignity of the
profession by engaging in conduct that reflects
his fitness to practice law
4. live a life that would reflect your fitness to practice
law
a. to give credit also to the legal profession,
b. to inspire the confidence the respect the trust of
your clients and the community
gross immorality - is reflective of unfitness to practice law
grosslyt immoral act is one that is so corrupt and false as to
constitute a criminal act
Grossly Immoral Act - is one that is so corrupt and false as
to constitute a criminal act, or so unprincipled and disgraceful
as to be reprehensible to a high degree.
GR:
lawyer shall not divide fees with non-lawyers –
three exemptions.
1. when there is a pre-existing agreement - when
there is our pre existing agreement with a partner or
associate that upon the latter's death, money shall be
paid over a reasonable time to his estate or the person
specified in the agreemnet.
2. where a lawyer undertakes to complete the
unfinished business of a deceased lawyer.
3. where a lawyer or a firm would include non
lawyers who are employees in their firm in a
retirement plan
aside from preventing unauthorized practice of law,
maintaining good relations with your fellow fellow lawyers
and maintaining the integrity of the profession
SOLICITATION AND ADVERTISING
A lawyer shall not advertise his services, similar to what a
merchant would do, like advertising his wares and his
products.
lawyer shall not solicit legal business.
A lawyer shall charge lower rates to attract business
a lawyer shall make clear whether he's acting in another
capacity other than by being a lawyer
lawyer shall not use false or misleading name
IBP - national organization of lawyers in the Philippines is the A lawyer shall not engage in conduct which adversely reflects
mandatory Bar Association for Filipino lawyers, when you on his fitness to practice law, nor shall he, whether in private
pass the bar exams or public life, behave in a scandalous manner to the discredit
of the profession.

Rustia vs Bancolo Lawyers should behave in a professional and dignified manner

Rule 9. A lawyer shall not directly or indirectly assist in the
unathorized practice of law.
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.
The lawyer’s duty to prevent or at the very list, assist in the
unauthorized practice of law.
Public policy requires that the practice of law is limited to
those individuals found qualified in education and character.
Preparation and signing constitute legal work involving the
practice of law which is reserved exclusively to members of
the legal profession.
before the general public.
The hurling of invectives fails to meet the high standard of
morality expected from a lawyer. It is contrary to the dignified
manner by which a lawyer should conduct himself.
His behavior shows arrogance and abuse of authority as a
lawyer.
The practice of law is a sacred and noble profession. The right
to practice law presupposes integrity, legal knowledge,
educational attainment and public trust.
He should not use his knowledge as an instrument to harass a
party or misuse judicial processess.

Arnado vs Adaza

Bar Matter no. 850 requires all members of the IBP to undergo
continuing legal education to ensure that throughout their
career
a. they keep abreast of the law and jurisprudence
b. maintain the ethics of profession
c. enhance the standards of the practice of alw

 declared delinquent member of the bar

 suspended from the practice of law for
a. 6 months or
b. until he has fully complied with the MCLE
requirements for the 4 compliance periods
whichever is later and and
c. he has fully paid the required non-compliance
and reinstatement fees.

Carlos vs Linsangan
Art 1491(5) forbids lawyers from acquiring by purchase or
assignment, the property that has been the subject of litigation,
in which they have taken part by virtue of his profession.

Failure to return the money of his client gives rise to the

presumption that he had misappropriated it for his own use, to
the prejudice and violation of general morality as well as of
professional ethics.

The relationship of a lawyer and his client is one of special

trust and confidence. A lawyer must always therefore exercise
utmost good faith and fairness in all his relationship with his
client.

A lawyer shall not divide his attorney’s fees with non-lawyers.

SSS vs Duran