1.

Ethics (4Q)
a. Qualifications for new lawyers (includes those who reacquire citizenship)
i. Sec 2 of R138; Sec 5 &6, R138 → why follow R138? Because SC shall have power to
“promulgate rules concerning [...] pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and legal assistance to the
underprivileged.” (Art. 8, Sec. 5, para 5)
ii. Sec. 1, R138: Who may practice law. - Any person heretofore duly admitted as a
member of the bar, or hereafter admitted as such in accordance with the provisions of
this rule, and who is in good and regular standing, is entitled to practice law.
1. Only Natural persons can be admitted to PH bar and permitted to practice law
(ULEP v. Legal Aid Clinic)
iii. Requirements for Admission to the Bar [NOTE: THESE ARE CONTINUING
REQUIREMENTS] Sec. 2, R138: Requirements for all applicants for admission to the Bar.
-
1. Citizen of the PH
a. Why? Practice of any profession in PH is reserved to PH citizens; also,
lawyer’s oath is oath of allegiance
2. At least 21 y/o
a. Why? In order to comply with academic requirement and must be of age
of majority
3. Of good moral character
a. Why? No requirement that is demanded more of future lawyers than
good moral character because lawyers are priests of justice in the high
temples of the law
4. Resident of the PH
a. Why? Power to SC to make you a lawyer and discipline you is limited w/in
PH territory
5. Must produce before the SC satisfactory evidence of good moral character, and
that no charges against him, involving moral turpitude, have been filed or are
pending in any court in the PH
6. [NOTES]:
a. He must also show that:
i. Possesses the required Educational qualifications (including a 4-
year pre-law degree in an authorized or recognized university or
college)
ii. Must have already earned a Bachelor's Degree in Arts or Sciences
(pre-law);
iii. Law course - completed courses in Civil Law, Commercial Law,
Remedial Law, Criminal Law, Public International Law, Political
Law, Labor and Social Legislation, Medical Jurisprudence,
Taxation, Legal Ethics;
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 iv. Pass the Bar examinations
v. Taken an Oath before the Supreme Court;
vi. Signed and registered in the Roll of Attorneys; and
1. Note: Practicing law while failing to sign the Roll of
Attorneys will make the offender guilty of unauthorized
practice of law
vii. Other qualifications as may be prescribed by the SC
iv. Basic 3 requirements:
1. Pass the Bar
2. Take Lawyer’s Oath
3. Sign Roll of Attorneys
v. Filipino Graduates of Foreign Law Schools may take PH Bar
1. Sec 5 & 6 has been amended → now provides that all applicants for admission to
the bar shall satisfactorily show that they have successfully completed all the
prescribed courses for the degree of Bachelor of Laws or its equivalent degree in
a law school or university officially recognized by the PH Gov’t or by the proper
authority in the foreign jurisdiction where the degree has been granted
a. Sec. 5 now provides that Filipino citizens who graduated from foreign law
school shall be admitted to the bar examinations only upon submission to
SC of a certification showing:
i. Completion of all courses leading to the Bachelor of Laws or its
equivalent degree;
ii. Recognition or accreditation of the law school by the proper
authority;
iii. Completion of all 4th year subjects in the bachelor of laws
academic program in a law school duly recognized by the PH gov’t
b. A Filipino citizen who completed and obtained his degree in Bachelor of
Laws or its equivalent in a foreign law school must also present proof of
completion of a separate bachelor’s degree
i. Bachelor’s degree alone, conferred by a law school upon
completion of certain academic requirements, does not entitle its
holder to exercise the legal profession
vi. SC allows DUAL PRACTICE
1. A lawyer who has lost his Filipino citizenship cannot practice law in the PH since
Filipino citizenship is a requirement for admission to the Bar. Loss thereof
terminates membership in the PH bar. → Loss of PH citizenship ipso jure
terminated privilege to practice law in PH
a. However, exception is when Filipino citizenship is lost by reason of
naturalization as a citizen of another country but subsequently
reacquired it pursuant to RA 9225 (An Act making the Citizenship of PH
Citizens Who Acquire Foreign Citizenship Permanent)
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 i. Note: all PH citizens who become citizens of another country shall
be deemed not to have lost their PH citizenship under the
conditions of RA 9225 → thus, Filipino lawyer who becomes a
citizen of another country is deemed never to have lost his PH
citizenship if he reacquires it under RA 9225
1. However, although he is deemed never to have terminated
his membership in the PH bar, NO AUTOMATIC RIGHT TO
RESUME LAW PRACTICE ACCRUES → if person intends to
practice legal profession in the PH and reacquires PH
citizenship pursuant to RA 9225, he shall apply with the
proper authority (SC) for a license or permit to engage in
such practice
a. Stated otherwise, before can resume law practice
in PH, must first secure from SC the authority to do
so, subject to compliance with following
conditions:
i. Updating and payment in FULL of the
annual membership dues in the IBP; →
note: IBP dues are not covered by senior
citizen’s discount
ii. Payment of Professional Tax
iii. Completion of the required hours of
Mandatory Continuing Legal Education
(MCLE)
iv. Retaking of the Lawyer’s Oath
b. Further, OBC requires the submission of the
original or certified true copies of the following
documents in relation to his petition:
i. Petition for Re-Acquisition of PH Citizenship;
ii. Order (for Re-Acquisition of PH Citizenship);
iii. Oath of Allegiance to the R of the PH;
iv. Identification Certificate issued by the
Bureau of Immigration;
v. Certificate of Good Standing issued by IBP;
vi. Certification from IBP indicating updated
payments of annual membership dues;
vii. Proof of payment of professional tax; and
viii. Certificate of compliance issued by MCLE
office
2. Filipino lawyers who became naturalized American citizens can again practice
law in the country upon acquiring dual citizenship
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 a. “Practice of all professions in the PH shall be limited to Filipino citizens,
save in cases prescribed by law.” → e.g. dual citizenship law
b. Code of Professional Responsibility (including duties incorporated in the Lawyer’s Oath)
i. Code of Professional Responsibility for Lawyers
1. CPR being an action of the SC has the force and effect of law and should be
obeyed since it was issued pursuant to Sec. 5(5) Art 8
2. Lawyer’s oath is the summarized version of the CPR:
a. I, (ARIEL AND LYNNETTE), do solemnly swear that:
b. I will maintain allegiance to the Republic of the PH, (PUBLIC)
c. I will support the Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein; (PUBLIC and the
BENCH)
d. I will do no falsehood, nor consent to the doing of any in court; (COURT)
e. I will not wittingly or willingly promote or sue any groundless, false, or
unlawful suit, or give aid nor consent to the same; (COURT/BAR)
f. 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 to the courts as to my clients;
(PUBLIC/COURT/BAR/CLIENT)
g. And I impose upon myself these voluntary obligations without any mental
reservation or purpose of evasion. So help me God.
3. Summary of Lawyer’s Duties:
a. Duty to the Court - Respect or defend against criticisms, uphold authority
and dignity, obey order and processes, assist in the administration of
justice
b. Duty to the Bar - Candor, fairness, courtesy and truthfulness, avoid
encroachment in the business of other lawyers, uphold the honor of the
profession
c. Duty to the Client - Entire devotion to client’s interest
d. Duty to the Public - Should not violate his responsibility to society,
exemplar or uprightness, ready to render legal aid, foster social reforms,
guardian of due process, aware of special role in the solution of special
problems and be always ready to lend assistance in the study and
solution of social problems
ii. Duties and Responsibilities of a Lawyer
1. Under Rules of Court
a. Sec. 20, R138
i. Section 20. Duties of attorneys. — 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.
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 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 charged;
7. Not to encourage either the commencement or the
continuance of an action or proceeding, or delay any
man's cause, from any corrupt motive or interest;
8. Never to reject, for any consideration personal to himself,
the cause of the defenseless or oppressed;
9. In the defense of a person accused of crime, by all fair and
honorable means, regardless of his personal opinion as to
the guilt of the accused, to present every defense that the
law permits, to the end that no person may be deprived of
life or liberty, but by due process of law.
2. Under CPR (DOUBLE CHECK WITH ALS REVIEWER)
a. To Society (Canons 1-6)
i. Respect for law and legal processes
1. A lawyer shall not engage in unlawful, dishonest, immoral
or deceitful conduct.
a. The supreme penalty of disbarment arising from
conduct requires GROSSLY IMMORAL, not simply
immoral conduct.
2. A lawyer shall not counsel or abet activities aimed at
defiance of the law or at lessening confidence in the legal
system.

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 3. A lawyer shall not, for any corrupt motive or interest,
encourage any suit or proceeding or delay any man's
cause.
a. Barratry - lawyer’s act of fomenting suits among
individuals and offering his legal services to one of
them for monetary motives or purposes.
b. Ambulance Chasing - act of haunting hospitals and
visiting homes of the afflicted, officiously offering
his service on the basis of a contingent fee
4. A lawyer shall encourage his clients to avoid, end or settle
a controversy if it will admit of a fair settlement.
a. Lawyer needs special authority to compromise his
client’s litigation.
i. A compromise entered into without
authority is merely UNENFORCEABLE. It can
be ratified by the client.
5. Some jurisprudence:
a. Heenan v Espejo 2013 - A lawyer may be
disciplined not only for malpractice and dishonesty
in his profession but also for gross misconduct
outside of his professional capacity. While the
Court may not ordinarily discipline a lawyer for
misconduct committed in his non-professional or
private capacity, the Court may be justified in
suspending or removing him as an attorney where
his misconduct outside of the lawyer’s professional
dealings is so gross in character as to show him
morally unit and unworthy of the privilege which
his licenses and the law confer.
b. Perez v. Catindig 2015 - Contracting a marriage
during the subsistence of a previous one amounts
to a grossly immoral conduct.
c. Advincula v. Advincula 2016 - Only the Supreme
Court wields the power to discipline lawyers. The
IBP Board of Governors do not possess such power,
rendering its recommendation incapable of inality.
It is the Court's inal determination of liability that is
the reckoning point for the service of sanctions and
penalties.
ii. Efficient and convenient legal services

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 1. A lawyer shall not reject, except for valid reasons, the
cause of the defenseless or the oppressed.
a. GR: the cause of the defenseless and oppressed
must not be rejected by a lawyer whose services
are being engaged
b. EXC: there are 2 valid reasons to reject:
i. Lack of competence
ii. Conflict of interest
2. 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.
3. A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.
a. The practice of law is a profession, not a money-
making trade
b. When is solicitation of legal business permissible
(because generally, it is not)
i. Simple signs stating the name/s of lawyers
ii. Professional cards bearing the name of the
lawyer, office and residence address and
special lines in law
iii. Advertisements in legal periodicals bearing
same data
iv. Calling cards with a formal picture of the
lawyer
v. Publication in reputable law lists of brief
biographical and informative data
vi. Modest announcements in newspapers,
periodicals or magazines about the opening
of a law office or firm stating the names of
the lawyers and the address of the firm
vii. Legal id program as a public service
4. A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so
warrant.
a. Lawyers must refrain from charging rates lower
than the customary rates unless the client is
i. A relative or brother lawyer
ii. Too poor (reduce or pro bono service)

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 iii. True, honest, fair, dignified, and objective information on legal
services
1. 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.
2. 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.
a. If the partner is appointed as judge, his name
b. should be dropped from the irm because he is no
longer allowed to practice law. This is to avoid
misleading the public and display of influence.
c. Use of the irm name of a foreign law irm is
unethical.
d. When the counsel of record is the Law Firm,
negligence of the lawyer assigned to the case is
negligence of the irm.
3. 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 currently.
4. 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.
5. Some cases:
a. Kimteng v. Young 2015 - A disbarred lawyer's name
cannot be part of a firm's name. A lawyer who
appears under a irm name that contains a
disbarred lawyer's name commits indirect
contempt of court.
iv. Participation in the improvements and reforms in the legal system
1. By presenting position papers or resolutions for the
introduction of pertinent bills in Congress;
2. Lawyer’s associations may devise and maintain programs
of continuing legal education; create law centers and law
libraries for legal research;
3. Experienced legal practitioners and professors of law may
write legal publications or books.
v. Participation in legal education program
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 1. Once a person becomes a lawyer, he incurs a three-fold
obligation:
a. He owes it to himself to continue improving his
knowledge of the law;
b. He owes it to his profession to take an active
interest in the maintenance of high standards of
legal education; and
c. He owes it to the lay public to make the law a part
of their social consciousness.
2. Some cases:
a. Intestate Estate of Jose Uy v. Maghari III 2015
(leonen case) - A counsel's signature on a pleading
is neither an empty formality nor even a mere
means for identification. Through his or her
signature, a party's counsel makes a positive
declaration. In certifying through his or her
signature that he or she has read the pleading, that
there is ground to support it, and that it is not
interposed for delay, a lawyer asserts his or her
competence, credibility, and ethics. Signing a
pleading is such a solemn component of legal
practice that this court has taken occasion to decry
the delegation of this task to non-lawyers as a
violation of the CPR.
vi. Lawyers in government service discharging their tasks
1. 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.
2. 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. GR: Lawyers who hold government office may NOT
be disciplined as a member of the Bar for
misconduct in the discharge of his duties as a
government official.
b. EXC: If the misconduct is of such a character as to
affect his qualification as a lawyer or to show moral

9
 delinquency, then he may be disciplined as a
member of the Bar upon such grounds.
3. A lawyer shall not, after leaving government service,
accept engagement or employment in connection with any
matter in which he had intervened while in said service.
a. Adverse-interest conflicts exist where the matter
in which the former government lawyer represents
a client in private practice is substantially related to
a matter that the lawyer dealt with while employed
by the government and the interests of the current
and former are adverse
b. Congruent-interest representation conflicts are
unique to government lawyers and apply primarily
to former government lawyers.
c. “Matter” - any discrete, isolatable act as well as
identifiable transaction or conduct involving a
particular situation and specific party, and not
merely an act of drafting, enforcing or interpreting
government or agency procedures, regulations or
laws, or briefing abstract principles of law.
d. “Intervene” - includes an act of a person who has
the power to influence the subject proceedings.
b. To the Legal Profession
i. IBP (Rule 139-A)
1. Membership and dues
a. Section 10. Effect of non-payment of dues. —
Subject to the provisions of Section 12 of this Rule
i. default in the payment of annual dues for
six months shall warrant suspension of
membership in the Integrated Bar, and
ii. default in such payment for one year shall
be a ground for the removal of the name of
the delinquent member from the Roll of
Attorneys.
2. Upholding the dignity and integrity of the profession
3. Courtesy, fairness, and candor towards professional
colleagues
a. A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise
improper.

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 i. Their employment serves no useful purpose
and on the contrary constitutes direct
contempt or contempt in facie curiae.
ii. Courts may EXPUNGE improper language
from the records.
iii. Lack or want of intention is NOT an excuse
for the disrespectful language employed. At
best, it extenuates liability.
iv. In pari delicto rule will NOT apply.
b. 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.
i. Any act which is calculated to ease out the
previous lawyer with the intent to grab the
case is violative of the rule against
encroachment upon the employment of
another lawyer.
ii. Lawyer shall not negotiate with the
opposite party who is represented by a
counsel, even if the party is willing to do so.
c. Some cases:
i. The law firm of Chavez Miranda Aseoche v.
Lazaro 2016 - In Disciplinary proceedings
against lawyers, only the lawyer who is the
subject of the case is indispensable. No
other party, not even a complainant, is
needed.
ii. Canete v. Puti 2019 - Atty. Puti called Atty.
Tan "bakla" in a condescending manner. To
be sure, the term "bakla" (gay) itself is not
derogatory. However, when "bakla" is used
in a pejorative and deprecating manner,
then it becomes derogatory. Atty. Puti also
nonchalantly accused the prosecutors of
having been bribed or otherwise acting for
a valuable consideration with his remark,
"Bakit 2 kayong prosecutor? Malaki siguro

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 bayad sa inyo." Atty. Puti thus violated Rule
8.01 of the CPR.
4. No assistance in unauthorized practice of law
a. 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.
i.
b. A lawyer shall not divide or stipulate to divide a fee
for legal services with persons not licensed to
practice law, except:
i. 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
ii. Where a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer; or
iii. 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
profit sharing agreement.
ii. To uphold the dignity and integrity of the legal profession
1. 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. If the false statement or suppression of material
fact is discovered BEFORE the candidate takes the
bar exams, he will be denied permission to take the
exams.
b. If it was discovered AFTER the candidate had
passed the exams but BEFORE having taken his
oath, he will not be allowed to take his oath as a
lawyer.
c. If the discovery occurred AFTER the candidate has
taken his oath, his name will be STRICKEN from the
Roll of Attorneys.
d. When the applicant concealed a charge of a crime
that does NOT involve moral turpitude, this
concealment will be taken against him.
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 e. It is the FACT OF CONCEALMENT and not the
commission of the crime itself that makes him
morally unit to become a lawyer. When he made a
concealment, he perpetrated perjury.
2. 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
attributes.
a. A lawyer who violates Rule 7.02 is liable for
disciplinary action. The act of supporting the
application to the Bar of any person known to him
to be unqualified constitutes gross misconduct in
office. (Sec 27 Rule 138)
3. 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. (FAVE)
a. The grounds for disciplinary action under Sec 27
Rule 138 are NOT exclusive and are so broad as to
cover practically any misconduct of a lawyer in his
professional or private capacity.
b. Lawyers must not only be of good moral character
but also seen to be of good moral character and
leading lives in accordance with the highest moral
standards of the community.
c. To the Courts (Canon 10-13)
i. Candor, fairness, and good faith towards the courts
1. 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.
2. A lawyer shall not knowingly misquote or misrepresent the
contents of a paper, the language or the argument of
opposing counsel, or the text of a decision or authority, or
knowingly cite as law a provision already rendered
inoperative by repeal or amendment, or assert as a fact
that which has not been proved.
a. In quoting a Decision — the same should be quoted
verbatim to avoid misleading the court.
3. A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice.

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 4. Duty to furnish opposing party with a copy of pleading -
Aside from the pleading, the pleader must simultaneously
furnish copies of the annexes to the adverse party.
5. Cases:
a. Francisco v. Flores - 2016 (leonen case) - The
general rule is that notice to counsel is notice to
client. This rule remains until counsel notifies the
court that he or she is withdrawing his or her
appearance, or client informs the court of change
of counsel. Untruthful statements made in
pleadings filed before courts, to make it appear
that the pleadings are filed on time, are contrary to
a lawyer's duty of committing no falsehood.
ii. Respect for courts and judicial officers
1. A lawyer shall appear in court properly attired.
2. A lawyer shall punctually appear at court hearings.
3. A lawyer shall abstain from scandalous, offensive or
menacing language or behavior before the Courts.
4. A lawyer shall not attribute to a Judge motives not
supported by the record or have no materiality to the
case.
5. Duty not to criticize the conduct of a judge in an insulting
language
a. It becomes destructive, and thereby
contemptuous, if it was arrogantly or haughtily
presented with abusive, scurrilous and offensive
language coupled with the malicious intention
tomock, ridicule, demean and offend the
sensibilities of the court.
6. A lawyer shall submit grievances against a Judge to the
proper authorities only.
a. If the complaint is administrative, ile with the SC
through the OCA.
b. If criminal, file with the Ombudsman. However, if
the alleged criminal act is in connection with their
duties, ile with the SC.
iii. Assistance in the speedy and efficient administration of justice
1. A lawyer shall not appear for trial unless he has adequately
prepared himself on the law and the facts of his case, the
evidence he will adduce and the order of its proferrence.

14
 He should also be ready with the original documents for
comparison with the copies.
2. A lawyer shall not file multiple actions arising from the
same cause.
a. When is there forum shopping
i. when as a result of an adverse opinion in
one forum, a party seeks a favorable
opinion in another or
ii. when he institutes two or more actions
grounded on the same cause, on the
gamble that one or the other court would
make a favorable disposition.
b. Effect of forum shopping - dismissal of ALL actions
pending without prejudice to the taking of
appropriate actions against the counsel or party
concerned
c. If one case has already been litigated before and is
refiled thereafter, the defense would be res
judicata and NOT forum shopping.
d. The certification against forum shopping should be
signed by the petitioner and not the counsel
3. A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse
without submitting the same or offering an explanation for
his failure to do so.
4. A lawyer shall not unduly delay a case, impede the
execution of a judgment or misuse Court processes.
5. A lawyer shall refrain from talking to his witness during a
break or recess in the trial, while the witness is still under
examination.
6. A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another.
a. The witness who commits the misrepresentation or
impersonation is criminally liable for False
Testimony and the lawyer who induces a witness to
commit false testimony is equally guilty.
b. The lawyer who presented a witness knowing him
to be a false witness is criminally liable for offering
false testimony under Art 184 of RPC
7. A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him.
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 a. It is the duty of an attorney to abstain from all
offensive personality and to advance no fact
prejudicial to the honor or reputation of a party or
witness, unless required by the justice of the cause
with which he is charged.
8. 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.
iv. Reliance on merits of case, not on impropriety tending to
influence the courts
1. A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating
familiarity with Judges.
2. A lawyer shall not make public statements in the media
regarding a pending case tending to arouse public opinion
for or against a party.
a. Trial by Publicity, when prejudicial — There must
be an allegation and proof that the judges have
been unduly influenced, not simply that they might
be, by the barrage of publicity.
b. If counsel instigated or induced his client to make
public statements or publicity involving a pending
case to arouse public opinion and to influence the
judge, both client and lawyer may be subjected to
contempt of court.
3. A lawyer shall not brook or invite interference by another
branch or agency of the government in the normal course
of judicial proceedings.
d. To the Clients
i. Availability of Service without Discrimination
1. Services regardless of person’s status
a. 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

16
 regarding the guilt (in criminal cases only) of said
person.
2. Services as counsel de oficio
a. 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.
b. It is the duty of the judge to appoint a counsel de
oficio. However, the frequent appointment of the
same attorney as counsel de oicio is discouraged
for two reasons:
i. It is unfair to the attorney as it would be a
burden of his regular practice; and
ii. It may be considered by some lawyers as a
regular source of compensation which is
not envisioned by the Rules.
3. Valid grounds for refusal
a. A lawyer may not refuse to accept representation
of an indigent client unless:
i. he is not in a position to carry out the work
effectively or competently;
ii. he labors under a conflict of interest
between him and the prospective client or
between a present client and the
prospective client.
ii. Candor, fairness, and loyalty to clients
1. Confidentiality rule
a. 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.
2. Privileged communication
a. A lawyer shall be bound by the rule on privilege
communication in respect of matters disclosed to
him by a prospective client.
b. EXC: (Rule 21.01) (also see Rules in Evid connected
to this)

17
 i. When the revelation is authorized by the
client after having been acquainted of the
consequences of the disclosure;
ii. When the revelation is required by law;
iii. When necessary to collect the lawyer’s fees
or to defend himself, his employees or
associates or by judicial action.
c. The privilege applies even to a mere prospective
client, whose case has not been accepted by the
lawyer.
d. Requisites of privileged communication
i. There exists an attorney-client relationship
or a kind of consultancy relationship with a
prospective client;
ii. The communication was made by the client
to the lawyer in the course of the lawyer’s
professional employment; and
iii. The communication must be intended to be
confidential. Thus, confidentiality is NOT
presumed.
e. Who are entitled to invoke the privilege
i. The client
ii. The lawyer himself or the client’s employee
may claim the privilege in the absence of
any waiver on the part of the client;
iii. The attorney’s secretary, stenographer, or
clerk, who acquired confidential
communication in such capacity, save only
when the client and attorney jointly consent
thereto.
f. Limitation:
i. the privilege is limited to communications
which are within the ambit of lawful
employment and does NOT extend to those
transmitted in contemplation of future
crimes or frauds.
3. Conflict of interest
a. A lawyer shall not represent conflicting interests
except by written consent of all concerned given
after a full disclosure of the facts.
b. Kinds of Conflicting Interests —
18
 i. Concurrent or Multiple Representation —
occurs when a lawyer represents clients
whose objectives are adverse to each other;
ii. Sequential or Successive Representation —
occurs when a law firm takes a present
client who has an interest adverse to the
interest of a former client of the same law
firm.
c. In the process of determining whether there is
conflict of interests an important criterion is
probability, not certainty of conflict.
4. Candid and honest advice to client
a. 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.
5. Compliance with laws
a. A lawyer shall impress upon his client compliance
with the laws and the principles of fairness.
6. Concurrent practice with another profession
a. 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.
7. Cases:
a. Anglo v. Valencia 2015 - There is conflict of interest
when a lawyer represents inconsistent interests of
two or more opposing parties. The test is "whether
or not on behalf of one client, it is the lawyer's duty
to fight for an issue or claim, but it is his duty to
oppose it for the other client. In brief, if he argues
for one client, this argument will be opposed by
him when he argues for the other client."
b. Another test of the inconsistency of interests is
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 the performance thereof.

19
 c. Paces Industrial v. Salandanan 2017 - 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.
iii. Client’s money and properties
1. Fiduciary relationship
a. A lawyer shall account for all money or property
collected or received for or from the client.
i. The lawyer is not relieved of his obligation
to make a proper accounting even if he has
an attorney’s lien over the client’ moneys or
funds in his possession. A lawyer needs an
SPA before he can disburse the money
collected for his client in favor of the latter’s
creditors.
2. Co-mingling of funds
a. A lawyer shall keep the funds of each client
separate and apart from his own and those of
others kept by him.
3. Delivery of funds
a. 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.
i. A lawyer cannot unilaterally appropriate the
client’s money for himself by the mere fact
that the client owes him attorney’s fees.
What he can do is to exercise his right of
lien, if proper.
4. Borrowing or lending
a. 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.
20
 b. 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.
i. The advances made shall be subject to
reimbursement. If the lawyer spends for all
legal expenses, the contract of legal
employment might become champertous, if
his attorney’s fees will be payable in kind.
Champertous contracts are VOID.
ii. Such agreements are against public policy
especially where the attorney has agreed to
carry on the action at his own expense in
consideration of some bargain to have part
of the thing in dispute. The execution of
these contracts violates the fiduciary
relationship between the lawyer and his
client, for which the former must incur
administrative sanctions.
iv. Fidelity to Client’s Cause
1. Use of fair and honest means
a. 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.
2. Client’s fraud
a. A lawyer who has received information that his
client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same,
and failing which he shall terminate the
relationship with such client in accordance with the
Rules of Court.
3. Procedure in handling cases
a. A lawyer shall not allow his client to dictate the
procedure in handling the case.
v. Competence and diligence
1. Adequate protection (preparation) - A lawyer shall not
handle any legal matter without adequate preparation.

21
 2. Negligence - A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
therewith shall render him liable.
3. Collaborating counsel
a. A lawyer shall not undertake a legal service which
he knows or should know that he is not qualified to
render. However, he may render such service if,
with the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent
on the matter.
4. Duty to apprise client - A lawyer shall keep the client
informed of the status of his case and shall respond within
a reasonable time to the client's request for information.
vi. Representation with zeal within legal bounds
1. 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 scrupulously observant of law and ethics.
vii. Attorney’s Fees
1. Acceptance fees - Acceptance of money from a client
establishes an attorney-client relationship and gives rise to
the duty of fidelity to the client’s cause
2. Contingency fee arrangements
a. A contingent fee arrangement is VALID in this
jurisdiction. It is generally recognized as valid and
binding, but must be laid down in an express
contract.
b. A much higher compensation is allowed as a
contingent fee in consideration of the risk that the
lawyer may get nothing if the suit fails. Contracts of
this nature are permitted because they redound to
the benefit of the poor client and the lawyer
especially in cases where the client has meritorious
cause of action, but no means with which to pay
for legal services unless he can, with the sanction
of law, make a contract for a contingent fee to be
paid out of the proceeds of the litigation.
3. Champertous contracts
a. Not allowed
b. Where the lawyer agrees to spend for all litigation
expenses in consideration for a bigger percentage
22
 as fees on the property subject of litigation. It is
against public policy.
4. Attorney’s liens
a. Retaining 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.
(requisites)
i. Client-lawyer relationship;
ii. Claims for attorney’s fees are not satisfied;
iii. Counsel is in possession of the subject
papers, documents and funds; and
iv. That the possession is lawful.
b. Charging lien - is the equitable right of the attorney
to have the fees due him for services in a particular
suit secured by the judgment or recovery in such
suit. The object is to protect the claim on the fruits
of the lawyer’s labor. The charging lien may be
enforced against the client or against the judgment
debtor. (requisites)
i. Client-lawyer relationship;
ii. Favorable judgment secured by the counsel
for his client which judgment is a money
judgment;
iii. Noting into the records of the case through
the filing of an appropriate motion of the
statement of the lawyer’s claim for
attorney’s fees with copies furnished to the
client and the adverse party.
c. Enforcement of liens:
i. When documents in the possession of a
lawyer are the subject of the attorney's lien,
he cannot be compelled to surrender the
same without prior proof that his fees have
been fully satisfied.
ii. If the fees have not been paid, and there is
genuine need for the court to gain
possession of the documents, an adequate
security must first be filed for the lawyer’s
fees.
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 iii. Charging lien survives the death of client —
If the charging lien had already been duly
registered in the records of the case, it
survives the death of the client and
therefore it need not be enforced in the
proceeding for the settlement of the client’s
estate.
iv. When a lawyer enforces a charging lien, the
client-lawyer relationship is terminated.

Retaining lien Charging Lien

nature General lien - passive Special lien - it can be enforced

by execution (Active)

basis Lawful possession of papers, Securing of a favorable money

documents, property of client judgment for the client

coverage Paper, documents and property Covers all judgments for the
payment of money and
executions issued

effectivit As soon as possession is had As soon as the claim had been

y entered into the records of the
case

notice Client need not be notified Client and adverse party must
be notified

applicabi May be exercised before Generally exercisable only when

lity judgment or execution, or the attorney had already
regardless thereof secured a favorable judgment
for his client

5. Fees and controversies with clients

a. A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice
or fraud.
b. Judicial action to recover attorney’s fees (options)
i. In the same case. By filing a motion or
petition as an incident in the main action
where he rendered legal services. Such
action is not proper, however, if the client
recovered nothing in the main case. The
24
 motion or petition must be filed with the
court before the judgment had been
satisfied.
ii. In a separate civil action
6. Concepts of attorney’s fees
a. A lawyer shall be guided by the following factors in
determining his fees:
i. the time spent and the extent of the service
rendered or required;
ii. the novelty and difficulty of the questions
involved;
iii. The importance of the subject matter;
iv. The skill demanded;
v. The probability of losing other employment
as a result of acceptance of the proffered
case;
vi. The customary charges for similar services
and the schedule of fees of the IBP chapter
to which he belongs;
vii. The amount involved in the controversy and
the benefits resulting to the client from the
service;
viii. The contingency or certainty of
compensation;
ix. The character of the employment, whether
occasional or established; and
x. The professional standing of the lawyer.
b. 2 concepts of attorney’s fees
i. Ordinary — it is the reasonable
compensation paid to a lawyer for legal
services rendered.
ii. Extraordinary — it is an indemnity for
damages ordered by the court to be paid by
the losing party to the prevailing party in a
litigation. It is payable to the CLIENT—
unless it has been agreed that the award
shall pertain to the lawyer as additional
compensation or as part thereof.
c. The proper time of fixing attorney’s fees is at the
commencement of the lawyer-client relationship.

25
 d. A disbarment case may proceed independently of
the civil action for collection of professional fees,
without running afoul of the prohibition against
forum shopping.
e. In case of unjustified dismissal of an attorney, he
shall be entitled to recover from the client full
compensation stipulated in the contract.
f. A pauper-litigant, while exempt from paying legal
fees, is not exempt from payment of attorney’s
fees.
g. There are situations where counsel cannot recover
full compensation, despite a written contract:
i. When the lawyer later withdrew - he will
only be allowed reasonable fees. (except
when the withdrawal is justified)
ii. When there is a justified dismissal, payment
will be on a quantum meruit basis. (Any
stipulation that despite such dismissal, the
stipulated fee shall be demandable at once
and payable is full shall be INVALID.)
iii. When the stipulated fees are
unconscionable
iv. When the fees are in excess of what is
expressly fixed by law, i.e. under the Labor
Code. (look for the LC provision for this)
v. When the lawyer is guilty of fraud and bad i.
faith toward his client.
h. How can clients pay their lawyers
i. A fixed or absolute fee which is payable
regardless of the result;
ii. A contingent fee that is conditioned to the
securing of a favorable judgment and
recovery of money or property and the
amount of which may be on a percentage
basis.
iii. A fixed payable per appearance
iv. A fixed fee computed by the number of
hours spent
v. A fixed fee based on a piece of work
i. Retainer agreements

26
 i. General retainer. — fee paid to a lawyer to
secure his future services as general counsel
for any ordinary legal problem that may
arise in the ordinary business of the client
and referred to him for legal action. The
fees are paid whether or not there are
cases referred.
ii. Special retainer. — fee for a specific case or
service rendered.
j. Quantum Meruit - means as much as he has
deserved. Recovery of attorney’s fees on the basis
of quantum meruit is authorized when
i. There is no express contract for payment of
attorney’s fees;
ii. Where the stipulated fees are
unconscionable;
iii. When the contract is void due to formal
matters;
iv. When the counsel was not able to finish the
case to its conclusion, for justifiable
reasons;
v. When the parties both disregard the
contract.
k. The award of attorney’s fees must be deleted
where the award of moral and exemplary damages
are eliminated.
l. A lawyer shall, in case of referral, with the consent
of the client, be entitled to a division of fees in
proportion to the work performed and
responsibility assumed.
m. A lawyer shall not, without the full knowledge and
consent of the client, accept any fee, reward, costs,
commission, interest, rebate or forwarding
allowance or other compensation whatsoever
related to his professional employment from
anyone other than the client.
viii. Preservation of client’s confidences
1. Prohibited disclosures and use
a. A lawyer shall not, to the disadvantage of his client,
use information acquired in the course of
employment, nor shall he use the same to his own
27
 advantage or that of a third person, unless the
client with full knowledge of the circumstances
consents thereto.
b. A lawyer shall not, without the written consent of
his client, give information from his files to an
outside agency seeking such information for
auditing, statistical, bookkeeping, accounting, data
processing, or any similar purpose.
c. A lawyer may disclose the affairs of a client of the
firm to partners or associates thereof unless
prohibited by the client.
d. 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 clients.
e. A lawyer shall avoid indiscreet conversation about
a client's affairs even with members of his family.
f. A lawyer shall not reveal that he has been
consulted about a particular case except to avoid
possible conflict of interest.
2. Disclosures, when allowed
a. A lawyer shall not reveal the confidences or secrets
of his client except;
i. When authorized by the client after
acquainting him of the consequences of the
disclosure;
ii. When required by law;
iii. When necessary to collect his fees or to
defend himself, his employees or associates
or by judicial action.
3. Cases: Adelfa Properties Inc v Mendoza 2019 - the Court
elucidated on the factors essential to establish the
existence of the said privilege, to wit:
a. There exists an attorney-client relationship, or a
prospective attorney-client relationship, and it is by
reason of this relationship that the client made the
communication.
b. The client must intend the communication to be
confidential.
c. The legal advice must be sought from the attorney
in his professional capacity.
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 ix. Withdrawal of services
1. A lawyer may withdraw his services in any of the following
case:
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.
2. A lawyer who withdraws or is discharged shall, subject to a
retainer lien, immediately turn over all papers and
property to which the client is entitled, and shall
cooperate with his successor in the orderly transfer of the
matter, including all information necessary for the proper
handling of the matter.
x. Duties of lawyers in cases of death of parties represented
1. Section 16. Rule 3. Death of party; duty of counsel. —
Whenever a party to a pending action dies, and the claim
is not thereby extinguished, it shall be the duty of his
counsel to inform the court within thirty (30) days after
such death of the fact thereof, and to give the name and
address of his legal representative or representatives.
Failure of counsel to comply with his duty shall be a
ground for disciplinary action.
c. Disqualifications / Inhibitions for Judges
i. Under Rules of Court
1. Mandatory Disqualification - Rule 137, Sec. 1 (Disqualification of judges)
a. When he, or his wife, or child is pecuniarily interested as heir, legatee,
creditor or otherwise;
b. When he is related to either party within the sixth (6th) degree of
consanguinity or affinity or to counsel within the fourth (4th) civil degree;
29
 c. When he has been an executor, guardian, administrator, trustee, or
counsel;
d. When he has presided in an inferior court where his ruling or decision is
subject to review.
e. [NOTES]:
i. E.g. if son appears as amicus, disqualified? → no, because
appearing as friend of court, not appearing for any party
ii. Judge who is subject to mandatory disqualification may continue
handling the case provided that ALL parties have given written
consent to the same → disqualification may be waived by parties-
in-interest
iii. Compulsory disqualifications are mandatory, and judge has no
option but to inhibit himself from the case
2. Voluntary Inhibition
a. A judge may, in the exercise of his sound discretion, disqualify himself
from sitting in a case, for just and valid reasons other than those
mentioned. (Rule 137, Sec. 1, ROC)
i. Judges are given the widest latitude of discretion, but inhibition
must be for just and valid cause ascertained by the judge after a
“rational and logical assessment of the circumstances prevailing in
the case”
ii. The rule on voluntary inhibition of judges is that the decision on
whether to inhibit is left to the sound discretion of conscience of
the judge based on his rational and logical assessment of the
circumstances prevailing in the case brought before him. It is a
subjective test, the result of which will not be disturbed by the
reviewing tribunal absence of any manifest of finding of
arbitrariness and whimsicality.
b. Decision to inhibit not conclusive and his competency may be
determined on application for mandamus to compel him to act

3. Failure of Judge to Inhibit:

a. Section 2. Objection that judge disqualified, how made and effect. — If it
be claimed that an official is disqualified from sitting as above provided,
the party objecting to his competency may, in writing, file with the official
his objection, stating the grounds therefor, and the official shall
thereupon proceed with the trial, or withdraw therefrom, in accordance
with his determination of the question of his disqualification. His decision
shall be forthwith made in writing and filed with the other papers in the
case, but no appeal or stay shall be allowed from, or by reason of, his

30
 decision in favor of his own competency, until after final judgment in the
case.
ii. Under Other Sources:
1. New Code of Judicial Conduct for the Philippine Judiciary
a. Canon 3, sec. 5: Judges shall disqualify themselves from participating in
any proceedings in which they are unable to decide the matter
impartially or in which it may appear to a reasonable observer that they
are unable to decide the matter impartially. Such proceedings include,
but are not limited to, instances where
i. The judge has actual bias or prejudice concerning a party or
personal knowledge of disputed evidentiary facts concerning the
proceedings;
ii. The judge previously served as a lawyer or was a material witness
in the matter in controversy;
iii. The judge, or a member of his or her family, has an economic
interest in the outcome of the matter in controversy;
iv. The judge served as executor, administrator, guardian, trustee or
lawyer in the case or matter in controversy, or a former associate
of the judge served as counsel during their association, or the
judge or lawyer was a material witness therein;
v. The judge's ruling in a lower court is the subject of review;
vi. The judge is related by consanguinity or affinity to a party litigant
within the 6th civil degree or to counsel within the 4th civil
degree; or
vii. The judge knows that his or her spouse or child has a financial
interest, as heir, legatee, creditor, fiduciary, or otherwise, in the
subject matter in controversy or in a party to the proceeding, or
any other interest that could be substantially affected by the
outcome of the proceedings;
2. On Remittal of Disqualification (sec. 6)
a. A judge disqualified as stated above may, instead of withdrawing from
the proceeding, disclose on the records the basis of disqualification. If,
based on such disclosure, the parties and lawyers independently of the
judge's participation, all agree in writing that the reason for the inhibition
is immaterial or unsubstantial, the judge may then participate in the
proceeding. The agreement, signed by all parties and lawyers, shall be
incorporated in the record of the proceedings.
iii. Impartiality → applies not only to the decision itself but also to the process by which the
decision was made
1. Canon 3, Sec. 1 → Judges shall perform their judicial duties without favor, bias,
or prejudice
31
 a. Fraternizing with litigants belied impartiality. It is improper for a judge to
meet privately with the accused without the presence of the complainant
b. Judge should not be disqualified because he was a classmate (or a co-
member in a fraternity) of one of the counsels absent proof that such
relationship results in actual bias or prejudice
d. Direct and Indirect Contempt
i. Contempt of Court - defined as a willful disregard or disobedience of a public authority.
In its broad sense, contempt is a disregard of, or disobedience to, the rules or orders of
a legislative or judicial body or an interruption of its proceedings by disorderly behavior
or insolent language in its presence or so near thereto as to disturb its proceedings or to
impair the respect due to such a body. In its restricted and more usual sense, contempt
comprehends a despising of the authority, justice, or dignity of a court.
1. Power to punish for contempt is inherent in all courts, and need not be
specifically granted by statute
a. Courts have the power, by virtue of their very creation, to impose silence,
respect, and decorum in their presence, submission to their lawful
mandates, and to preserve themselves and their officers from the
approach and insults of pollution
b. Power to punish for contempt essentially exists for the preservation of
order in judicial proceedings and for the enforcement of judgments,
orders, and mandates of the courts, and, consequently, for the due
administration of justice
ii. Direct Contempt
1. Rule 71, Sec. 1:
a. Section 1. Direct contempt punished summarily. — A person guilty of
misbehavior in the presence of or so near a court as to obstruct or
interrupt the proceedings before the same, including disrespect toward
the court, offensive personalities toward others, or refusal to be sworn or
to answer as a witness, or to subscribe an affidavit or deposition when
lawfully required to do so, may be summarily adjudged in contempt by
such court and punished by a fine not exceeding two thousand pesos or
imprisonment not exceeding ten (10) days, or both, if it be a Regional
Trial Court or a court of equivalent or higher rank, or by a fine not
exceeding two hundred pesos or imprisonment not exceeding one (1)
day, or both, if it be a lower court.
i. A pleading containing derogatory, offensive or malicious
statements submitted before a court or judge where the
proceedings are pending constitutes direct contempt, because it
is equivalent to misbehavior committed in the presence of or so
near a court or judge as to interrupt the administration of justice
2. [NOTE]:
32
 a. There is authority for the view, however, that an act, to constitute direct
contempt punishable by summary proceeding, need not be committed in
the immediate presence of the court, if it tends to obstruct justice or to
interfere with the actions of the court in the courtroom itself. Also,
contemptuous acts committed out of the presence of the court, if
admitted by the contemnor in open court, may be punished summarily as
a direct contempt, although it is advisable to proceed by requiring the
person charged to appear and show cause why he should not be
punished when the judge is without personal knowledge of the
misbehavior and is informed of it only by a confession of the contemnor
or by testimony under oath of other persons. (Lorenzo Shipping
Corporation vs. DMAP, 31 August 2011)
b. Remedy: The person adjudged in direct contempt by any court may not
appeal therefrom, but may avail himself of the remedies of certiorari or
prohibition. The execution of the judgment shall be suspended pending
resolution of such petition, provided such person files a bond fixed by the
court which rendered the judgment and conditioned that he will abide by
and perform the judgment should the petition be decided against him.
iii. Indirect Contempt
1. Rule 71, Sec. 3:
a. SEC. 3. Indirect contempt to be punished after charge and hearing.—
After charge in writing has been filed, and an opportunity given to the
respondent to comment thereon within such period as may be fixed by
the court and to be heard by himself or counsel, a person guilty of any of
the following acts may be punished for indirect contempt:
i. Misbehavior of an officer of a court in the performance of his
official duties or in his official transactions;
ii. Disobedience of or resistance to a lawful writ, process, order, or
judgment of a court, including the act of a person who, after being
dispossessed or ejected from any real property by the judgment
or process of any court of competent jurisdiction, enters or
attempts or induces another to enter into or upon such real
property, for the purpose of executing acts of ownership or
possession, or in any manner disturbs the possession given to the
person adjudged to be entitled thereto;
iii. Any abuse of or any unlawful interference with the processes or
proceedings of a court not constituting direct contempt under
section 1 of this Rule;
iv. Any improper conduct tending, directly or indirectly, to impede,
obstruct, or degrade the administration of justice;

33
 v. Assuming to be an attorney or an officer of a court, and acting as
such without authority;
vi. Failure to obey a subpoena duly served;
vii. The rescue, or attempted rescue, of a person or property in the
custody of an officer by virtue of an order or process of a court
held by him.
2. [NOTES]:
a. Consists of willful disobedience of the lawful process or order of the court
b. Remedy: Good faith, or lack of it, of the alleged contemnor should be
considered. Where the act complained of is ambiguous or does not
clearly show on its face that it is contempt, and is one which, if the party
is acting in good faith, is within his rights, the presence or absence of a
contumacious intent is, in some instances, held to be determinative of its
character
i. To constitute contempt, act must be done willfully and for an
illegitimate or improper purpose
c. A disbarred lawyer’s name cannot be part of a firm’s name. A lawyer who
appears under a firm name that contains a disbarred lawyer’s name
commits indirect contempt of court (KimTeng v. Atty. Young, 2015)

DIRECT INDIRECT

Committed in the presence of or so near the Consists of willful disobedience of the lawful
judge as to obstruct him in the administration of process or order of the court.
justice

Punishment is generally summary and immediate, Requires proceedings

and no process or evidence is necessary because
the act is committed in facie curiae.

The inherent power of courts to punish contempt
of court committed in the presence of the courts
without further proof of facts and without aid of a
trial is not open to question, considering that this
power is essential to preserve their authority and
to prevent the administration of justice from
falling into disrepute; such summary conviction
and punishment accord with due process of law.
The proceedings for the punishment of the
contumacious act committed outside the personal
knowledge of the judge generally need the
observance of all the elements of due process of
law, that is, notice, written charges, and an
opportunity to deny and to defend such charges
before guilt is adjudged and sentence imposed.

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