SECTION 4. Authority of lawyer to bind client. - A lawyer
Special Appearance - Here, in this case, a
can bind a client in a legal engagement only when so
authorized through a written agreement. The lawyer,
however, cannot compromise a client's litigation, or
receive anything in discharge of a client's claim, without
a special power of attorney for such purpose.
ANNOTATIONS:
Authority of lawyer to bind client
A lawyer can bind a client in a legal engagement
only when so authorized through a written agreement.
Extent of authority
The lawyer, however, cannot. compromise a
client's litigation, or receive anything in discharge of a
client's claim.
Exception: There is a special power of attorney for such
purpose.
Authority of counsel to compromise
GR: The attorney has no authority to compromise his
client’s case because the client, even if represented by
counsel, retains exclusive control over the subject matter
of the litigation. The client can, of course, authorize his
lawyer to compromise his case, and the settlement made
by the lawyer will bind his client.
XPNs:
1. When the lawyer is confronted with an
emergency where prompt and urgent action
is necessary to protect the interest of his
client and there is no opportunity for
consultation with the latter; and
2. Settlement of monetary obligation to client
is full payment in cash.
NOTE: The ROC requires lawyers to secure special
authority from their clients when entering into a
compromise agreement that dispenses with litigation
SECTION 5. Authority of lawyer to appear. - A lawyer is
presumed to be properly authorized to represent any
cause in which he or she appears, and no written power
of attorney is required to authorize him or her to appear
in court for the client.
The court, tribunal, or other government agency
may, on its own initiative or on motion of either party, on
just cause, require a lawyer to produce or prove the
authority to appear on behalf of the client.
ANNOTATIONS:
Appearance - It is the coming into court as a party either
as a plaintiff or as a defendant and asking relief
therefrom.
Kinds of appearance:
1. General Appearance - It is as such when a
party comes to court either as plaintiff or
defendant and seeks general reliefs from the
court for satisfaction of his claims or
counterclaims respectively.
2.
defendant appears in court solely for the
purpose of objecting to the jurisdiction of
the court over his person.
Entry of appearance - It is the written manifestation
submitted by the counsel of record to inform the court
that he will act as the counsel of a party made before the
date of the hearing
Appearance of counsel - It is the verbal manifestation of
the counsel in order for the court to recognize his
presence during the hearing of the case.
Presumption of authority of lawyer to appear
A lawyer is presumed to be properly authorized
to represent any cause in which he or she appears.
Voluntary appearance without authority
An attorney may not appear for a person until he
is in fact employed by, or retained for such person. An
attorney willfully appearing in court for a person without
being employed, unless by leave of court, may be
punished for contempt as an officer of the court, who has
misbehaved in his official transactions.
Parties who can challenge lawyer’s appearance
1. The court, tribunal, or other government agency
may, on its own initiative; or
2. On motion of either party.
Effects of unauthorized appearance
1. The party represented is not bound by attorney’s
appearance in the case neither by the judgment
rendered therein;
2. Court does not acquire jurisdiction over the
person of the party represented;
3. The adverse party who has been forced to
litigate as a defendant by the unauthorized
action on the part of the attorney for the plaintiff
may, on that ground, move for the dismissal of
the complaint; and
4. If unauthorized appearance is willful, attorney
may be cited for contempt as an officer of the
court who has misbehaved in his official
transactions, and he may be disciplined for
professional misconduct.
Ratification of unauthorized appearance
1. Express - It refers to the categorized assertion by
client that he has authorized a lawyer or that he
confirms his authorization to represent him in
the case.
2. Implied - It is where a party, with knowledge of
fact that a lawyer has been representing him in a
case, accepts benefits of representation or fails
to promptly repudiate the assumed authority.
Forms of implied ratifications
Implied ratification may take various forms, such as:
1. by silence or acquiescence; or
2. by acceptance and retention of benefits
flowing therefrom.
Requisites of implied ratification by silence
1. The party represented by the attorney is of age
or competent or if he suffers from any disability,
he has a duly appointed guardian or legal
representative.
2. The party or his guardian, as the case may be, is
aware of the attorney’s representation.
3. He fails to promptly repudiate assumed
authority.
NOTE: Ratification retroacts to the date of the lawyer’s
first appearance and validates the action taken by him.
Remedies against persons without authority
Require a lawyer to produce or prove the
authority to appear on behalf of the client.
SECTION 6. Fiduciary duty of a lawyer. - A lawyer shall
be mindful of the trust and confidence reposed by the
client.
To this end, a lawyer shall not abuse or exploit the
relationship with a client.
ANNOTATIONS:
Fiduciary duty of a lawyer
A lawyer shall be mindful of the trust and
confidence reposed by the client.
Reason for such duty
So, a lawyer would not abuse or exploit the
relationship with a client.
SECTION 7. Prohibition against frivolous suits and abuse
of court processes. - A lawyer shall not:
(a) file or encourage the filing of any suit or proceeding
not authorized by law or jurisprudence and without any
evidentiary support;
(b) unduly impede the execution of an order or judgment
which is warranted; or
(c) abuse court processes.
ANNOTATIONS:
Reason for the rule
To prevent barratry and ambulance chasing.
What is Barratry?
Barratry is the offense of frequently exciting and
stirring up quarrels and suits. It is the lawyer’s act of
fomenting suits among individuals and offering his legal
services to one of them for monetary motives or
purposes.
What is Ambulance Chasing?
Figuratively speaking, is the lawyer’s act of
chasing an ambulance carrying the victim of an accident
for the purpose of talking to the said victim or relatives
and offering his legal services for the filing of a case
against the person who caused the accident.
Section 3, R.A. No. 10706.
SECTION 3. Prohibition on Ambulance Chasing. — It shall
be unlawful for any person to engage in ambulance
chasing or the act of soliciting, personally or through an
agent, from seafarers, or their heirs, the pursuit of any
claim against them employers for the purpose of recovery
of monetary claim or benefit, including legal interest,
arising from accident, illness or death, in exchange of an
amount or fee which shall be retained or deducted from
the monetary claim or benefit granted to or awarded to
the seafarers or their heirs.
Maintenance of suit
Maintenance is the intermeddling of an
uninterested party to encourage a lawsuit. It is a taking
in hand, a bearing up or upholding of quarrels or sides, to
the disturbance of the common right. (Funa, 2009) A
lawyer owes to society and to the court the duty not to
stir up litigation.
Evils sought to be prevented: (Fo Su Mu D)
1. Fomenting of litigation with resulting burdens on
the courts and the public
2. Subornation of perjury
3. Mulcting of innocent persons by judgments upon
manufactured causes of actions
4. Defrauding of injured persons having proper
causes of action but ignorant of legal right and
court procedure by means of contract.
Instances of condemnable delay: (TeBe MuSe AMID)
1. Report to technicalities as a means to frustrate
justice.
2. Befuddling of the issues in the case by counsel
which invariably will be exposed for what they
are.
3. Filing of multiple or repetitious petitions
4. Filing of several actions covering the same
subject matter or seeking substantially identical
relief.
5. Filing of frivolous appeals for purposes of delay
6. Filing of motions for postponement and other
kinds of motions for dilatory purposes.
7. Indiscriminate filing of suits against a party
clearly intended for harassment.
8. Delaying cases or services for money.
SECTION 8. Lawyer's duty to encourage settlement. - A
lawyer shall encourage the client to avoid, end or settle a
controversy, whether pending or not, in order to reach a
settlement or a compromise if the matter can be
compromised under the law and will admit of a fair
settlement.
To this end, the lawyer shall actively assist the parties and
the court, tribunal, or other government agency to effect
mediation and/or dispute resolution.
ANNOTATIONS:
Duty to encourage settlement
“A lawyer shall encourage the client to avoid,
end or settle a controversy, whether pending or not, in
order to reach a settlement or a compromise if the
matter can be compromised under the law and 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.
The lawyer must act as mediator for compromise
rather than an instigator of conflict.
Advantages of amicable settlement
1. Accord respect to the just claim of the other
party.
2. Save the client additional expenses.
3. Help prevent clogging of the docket.
SECTION 9. Duty to call client to rectify fraudulent act. -
A lawyer who receives information that a client has, in
the course of the representation, perpetrated a fraud in
relation to any matter subject of the representation
before a court, tribunal, or other government agency, or
against any officer thereof, shall promptly call upon the
client to rectify the same. Such fraudulent act on the part
of the client shall be a ground for the termination by the
lawyer of the engagement.
ANNOTATIONS:
Duty to call client to rectify fraudulent act
A lawyer who receives information that a client
has, in the course of the representation, perpetrated a
fraud in relation to any matter subject of the
representation before a court, tribunal, or other
government agency, or against any officer thereof, shall
promptly call upon the client to rectify the same.
Effect of fraudulent act by the client
Such fraudulent act on the part of the client shall
be a ground for the termination by the lawyer of the
engagement.
SECTION 10. Responsibility over a subordinate lawyer,
paralegal, or employee. - A lawyer or law firm shall be
responsible for the mistakes, negligence, and/or acts or
omissions of a subordinate lawyer, paralegal, or
employee under the lawyer's direct supervision and
control, who is acting within the scope of the assigned
tasks, that cause damage or injury which brings dishonor
to the profession or violates the rule on confidentiality.
However, such liability of the supervising lawyer does not
attach upon proof of exercise of diligence of a good
parent of a family in the selection and supervision of
subordinate lawyer, paralegal, or employee.
ANNOTATIONS:
Supervisory lawyer
A supervisory lawyer is a lawyer having direct
supervisory authority over another lawyer, including a
supervising lawyer under Rule 138-A of the Rules of
Court.
Responsibility over a subordinate lawyer, paralegal or
employee
A lawyer or law firm shall be responsible for the
mistakes, negligence, and/or acts or omissions of a
subordinate lawyer, paralegal, or employee under the
lawyer's direct supervision and control, who is acting
within the scope of the assigned tasks, that cause
damage or injury which brings dishonor to the profession
or violates the rule on confidentiality.
When is supervising lawyer not liable?
Liability of the supervising lawyer does not
attach upon proof of exercise of diligence of a good
parent of a family in the selection and supervision of
subordinate lawyer, paralegal, or employee.
SECTION 11. Responsibility of a supervisory lawyer over
a supervised lawyer. -A supervisory lawyer shall co-sign
a pleading or other submission to any court, tribunal, or
other government agency with a supervised lawyer. A
supervisory lawyer shall be responsible for a violation of
the CPRA by the supervised lawyer in any of the following
instances:
(a) the supervisory lawyer orders or directs the specific
conduct or, with knowledge of the specific conduct,
ratifies it; or
(b) the supervisory lawyer knows of such conduct at a
time when it could be prevented or its consequences
avoided or mitigated, but fails to take reasonable
remedial action; or
(c) the supervisory lawyer should have known of the
conduct so that reasonable remedial action could have
been taken at a time when the consequences of the
conduct could have been avoided or mitigated.
A supervisory lawyer is a lawyer having direct supervisory
authority over another lawyer, including a supervising
lawyer under Rule 138-A of the Rules of Court.
ANNOTATIONS:
Applicability to law student practitioner
A supervising lawyer under Rule 138-A of the
Rules of Court exercises supervision and direction over a
law student practitioner.
Accountability of legal clinic director and supervising
lawyer (see Section 40, Canon III of CPRA)
A law student clinic director and supervising
lawyer, under Rule 138-A of the Rules of Court shall
provide meaningful training to law students. They shall
assume responsibility for any work performed by the law
student while under their supervision and shall comply
with all the laws, rules, and guidelines pertaining to Law
Student Practice.
SECTION 12. Responsibilities of a supervised lawyer. - A
supervised lawyer acting under the direction of the
supervising lawyer, managing partner, or other partners
of the firm is nevertheless bound by the CPRA.
ANNOTATIONS:
Responsibilities of a supervised lawyer
A supervised lawyer acting under the direction of
the supervising lawyer, managing partner, or other
partners of the firm is nevertheless bound by the CPRA.
SECTION 27. Confidentiality of privileged
contmunication. - A lawyer shall maintain the
confidences of the client, and shall respect data privacy
laws. The duty of confidentiality shall continue even after
the termination of the lawyer-client engagement.
ANNOTATIONS:
Confidentiality of privileged communication
 Matters disclosed by a prospective client to a
lawyer are protected by the rule on privileged
communication even if the prospective client does not
thereafter retain the lawyer or the latter declines the
employment. It covers crimes and offenses already
committed by the client. (Mercado v. Vitriolo, A.C. No.
5108, 26 May 2005)
Two-fold Purpose of the Rule
1. To encourage a client to make a full disclosure of
the facts of the case to his counsel without fear.
2. To allow the lawyer freedom to obtain full
information from his client. (Pineda, 2009)
Requisites for confidentiality:
1. There is attorney-client relationship or a kind of
consultancy requirement with a prospective
client;
2. The communication was made by the client to
the lawyer in the course of the lawyer’s
professional employment; and
3. The communication must be intended to be
confidential.
Note: The party who asserts that the communication is
privileged has the burden of proof to establish the
existence of the privilege unless from the face of the
document itself, it clearly appears that it is privileged.
The mere allegation that the matter is privileged is not
sufficient.
Forms of communication covered by the privilege
1. Oral
2. Written
3. Actions or signs
4. Other means of communication
Parties covered by the privilege:
1. Lawyer
2. Client, current or prospective
3. Third persons who by reason of their work have
acquired information about the case being
handled such as:
a. Attorney’s secretary, stenographer, and
clerk.
b. Interpreter, messengers and
transmitting agents’ communication, or
others assisting the attorney; and
c. An accountant, scientist, physician,
engineer who has been hired for
effective consultation.
Limitations to the privileged communication,
confidence of clients, secret of clients, data privacy,
personal information:
1. The communication or the physical object must
have been transmitted to the counsel by the
client for the purpose of seeking legal advice.
Otherwise, there is no privileged
communication.
2. The privilege is limited or has reference only to
communications which are within the ambit of
lawful employment and does not extend to
those transmitted in contemplation of future
crimes or frauds.
Client identity
Client identity is privileged 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.
General rule on naming one’s client
A lawyer may not invoke privileged
communication to refuse revealing a client’s identity.
Exceptions:
A lawyer, however, may invoke privileged
communication even if such would reveal his client’s
identity under the following circumstances:
1. When there is a strong possibility that revealing
the client’s name would implicate the client in
the activity for which he sought the lawyer’s
advice;
2. When disclosure would open the client to civil
liability; or,
3. When the government’s lawyers have no case
against an attorney’s client and revealing the
client’s name would furnish the only link that
would come from the chain of testimony
necessary to convict him.
Reasons why a Lawyer may not invoke Privileged
Communication to refuse revealing a Client’s Identity
1. Due process considerations require that the
opposing party should know their adversary;
2. The privilege pertains to the subject matter of
the relationship;
3. The privilege begins to exist only after attorney-
client relationship has been established hence, it
does not attach until there is a client; and
4. The court has a right to know that the client
whose privileged information is sought to be
protected is flesh and blood.
SECTION 28. Protecting client confidences. - A lawyer
shall not reveal the confidences of the client, including
data from the client's files, except;
(a) When a written informed consent is obtained from the
client;
(b) When required by law, such as anti-money laundering
statutes, or the Rules of Court;
(c) To the extent necessary, to collect the lawyer's fees;
(d) In defense of the Lawyer, or the lawyer's employees or
associates; or
( e) By judicial order, but only if material.
ANNOTATIONS:
GR: A lawyer shall not reveal the confidences and secrets
of his client.
Exceptions:
1. When authorized by his client after
acquainting him of the consequences of the
disclosure;
NOTE: The only instance where the waiver of
the client alone is insufficient is when the
person to be examined regarding any
privileged communication is the attorney’s
secretary, stenographer or clerk or other
persons assisting the attorney, in respect to
 which, the consent of the attorney is likewise
necessary.
2. When required by law; or
3. When necessary to collect his fees or to defend
himself, his employees by judicial action.
NOTE: Payment of retainer fee is not essential
before an attorney can be required to
safeguard a prospective client’s secret
acquired by the attorney during the
consultation with the prospective client, even
if the attorney did not accept the employment.
Work product rule
A legal principle that protects materials prepared
by an attorney in anticipation of litigation from being
discovered by the opposing party.
Duty of confidentiality by:
a) former lawyers
SECTION 29. Duty of confidentiality by former lawyers
of a law firm. - A lawyer shall continue to be bound by
the rule on confidentiality pertaining to clients of his or
her previous law office or law firm.
b) members of law firm
SECTION 30. Duty of confidentiality of members of a law
firm. - A lawyer may disclose the legal matters entrusted
by a client of the firm to the partners and associates, as
well as paralegals, legal assistants, law clerks, legal
researchers, law interns, and other non-legal staff, who
are or will be involved in the handling of the client's
account, unless expressly prohibited by the client.
A lawyer directly entrusted with a client's confidences
shall adopt necessary measures to prevent other
members of the law firm, both legal and non-legal, to
whom the client's confidences have been shared, from
disclosing or using them, without the written informed
consent of the client.
ANNOTATIONS:
NONE
SECTION 31. Prohibition against filial disclosure. - A
lawyer shall not discuss a client's confidences even with
family members.
ANNOTATIONS:
Reason
Not every member of the lawyer’s family has the
proper orientation and training for keeping client’s
confidences and secrets.
SECTION 32. Non-disclosure of legal consultation. - A
lawyer shall not reveal that he or she has been consulted
about a particular case except to avoid possible conflict
of interest.
Reason
By the consultation, the lawyer already learned
the secrets of the prospective client. It is not fair, if he
will not be bound by the rule on privileged
communication in respect of matters disclosed to him by
a prospective client.
Disclosure to protect attorney’s rights
The lawyer may divulge the confidential
information of his client in a proper judicial proceeding,
if that is necessary to protect his right. This exception is
intended for the protection of the lawyer’s rights, his
employees or associates.
Effect of breach of the duty
The lawyer is subject to disciplinary action for
breach of trust.
Betrayal of trust by an attorney
A lawyer who gives an incriminating information
which the client had confided to him, to a third party who
in turn used is as basis for filing of a case, the lawyer has
violated the rule.
Waiver of the privilege
If the client had authorized his lawyer after
having been fully informed of the consequences to reveal
his confidences or secrets, there is a waiver to invoke the
lawyer-client privileged.
Note: The waiver must be sufficient. When the person to
be examined regarding any privileged communication is
the attorney’s secretary, stenographer or clerk involving
facts acquired in such capacity, the consent of the lawyer
is required. In short, both consent of the client and the
lawyer are required.
SECTION 13. Conflict of interest. - A lawyer shall not
represent conflicting interests except by written informed
consent of all concerned given after a full disclosure of
the facts.
There is conflict of interest when a lawyer represents
inconsistent or opposing interests of two or more
persons. The test is whether in behalf of one client it is the
lawyer's duty to fight for an issue or claim, but which is
his or her duty to oppose for the other client.
Kinds of conflict of interest:
1. Concurrent - It generally occurs when a lawyer
represents clients whose objectives are adverse
to each other, no matter how slight or remote
such adverse interest may be;
2. Sequential or successive representation - It
usually involves representation by a law firm of a
present client who may have an interest adverse
to a prior or former client of the firm.
Tests to determine conflict of interest
1. Conflicting Duties - When, on behalf of one
client, it is the attorney’s duty to contest for that
which his duty to another client requires him to
oppose or when possibility of such situation will
develop.
2. Invitation of Suspicion - Whether the
acceptance of the new relation will prevent a
lawyer from the full discharge of his duty of
undivided fidelity and loyalty to his client or will
invite suspicion of unfaithfulness or double-
dealing in the performance thereof; and
3. Use of Prior Knowledge - Whether a lawyer will
be called upon in his new relation to use against
the first client any knowledge acquired in the
previous employment.
Modes of conflict of interest?
General rule on conflict of interest
A lawyer shall not represent conflicting interests
Exception
by written informed consent of all concerned
given after a full disclosure of the facts.
Rationale for prohibiting conflict of interest
To prevent a lawyer from putting himself in a
position where he may be required to choose between
conflicting duties.
SECTION 14. Prohibition against conflict-of-interest
representation; current clients.
SOBRANG HABA!!!!!! T.T
Duty not to testify in behalf of client
A lawyer shall avoid testifying in behalf of his
client.
Rationale
The function of a witness is to state the facts as
he recalls them 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.
Matters which a lawyer can testify on:
1. On formal matters, such as the mailing,
authentication, or custody of an instrument and
the like;
2. 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;
3. Deposition; and
4. Acting as an arbitrator
Matters which a lawyer cannot testify on:
1. He cannot serve conflicting interests;
2. Having accepted a retainer, he cannot be a
witness against his client;
3. When such would adversely affect any lawful
interest of the client with respect to which
confidence has been reposed on him;
4. When he is to violate the confidence of his client;
and
5. When as an attorney, he is to testify on the
theory of the case
SECTION 15. Conflict of interest of a lawyer hired by a
law firm. - When a lawyer joins a law firm, it shall be the
duty of the lawyer to disclose to the law firm, at the
earliest possible opportunity, his or her previous clients
that may have a potential conflict of interest with the
current clients of the law firm. If there is a potential
conflict of interest, the lawyer shall not act on the case or
cases of the affected current client.
ANNOTATIONS:
NONE
SECTION 16. Prohibition against dating, romantic, or
sexual relations with a client. - A lawyer shall not have
dating, romantic, or sexual relations with a client during
the engagement, unless the consensual relationship
existed between them before the lawyer-client
relationship commenced.
ANNOTATIONS:
NONE
SECTION 17. Prohibition against conflict-of-interest
representation; prospective clients. - In relation to
prospective clients, the following rules shall be observed:
(a) A lawyer shall, at the earliest opportunity, ascertain
the existence of any conflict of interest between a
prospective client and current clients, and immediately
disclose the same if found to exist.
In case of an objection by either the prospective or
current client, the lawyer shall not accept the new
engagement.
(b) A lawyer shall maintain the private confidences of a
prospective client even if no engagement materializes,
and shall not use any such information to further his or
her own interest, or the interest of any current client.
ANNOTATIONS:
Purpose of “Conflict Search”
By conducting a conflict search, the lawyer will
be able to determine, in the first instance, if he is barred
from accepting the representation through conflicts with
his present clients or the lawyer’s own interest.
SECTION 18. Prohibition against conflict-of-interest
representation; former clients. - In relation to former
clients, the following rules shall be observed:
(a) A lawyer shall maintain the private confidences of a
former client even after the termination of the
engagement, except upon the written informed consent
of the former client, or as otherwise allowed under the
CPRA or other applicable laws or regulations, or when the
information has become generally known.
(b) A lawyer shall not use information relating to the
former representation, except as the CPRA or applicable
laws and regulations would permit or require with
respect to a current or prospective client, or when the
information has become generally known.
(c) Unless the former client gives written informed
consent, a lawyer who has represented such client in a
legal matter shall not thereafter represent a prospective
client in the same or related legal matter, where the
prospective client's interests are materially adverse to the
former client's interests.
ANNOTATIONS:
NONE
SECTION 19. Corporate lawyers; conflict of interest. - In
relation to organizational clients, a lawyer who
represents a corporation or any organization does not, by
virtue of such representation, necessarily represent any
constituent or affiliated organization, such as a parent or
subsidiary.
A lawyer for a corporation or other organization, who is
also a member of its board of directors or trustees, shall
determine whether the responsibilities of the two roles
may conflict. In the event of the latter, the lawyer shall
disclose the conflict of interest to all concerned parties.
ANNOTATIONS:
Rule when the lawyer of the corporation and BOD of
such Corporation is same
The interest of the corporate client is paramount
and should not be influenced by any interest of the
individual corporate officials. A lawyer engaged as
counsel for a corporation cannot represent members of
the same corporation's Board of Directors in a derivative
suit brought against them. To do so would be
tantamount to representing conflicting interests which is
prohibited by the CPR.
SECTION 20. Legal services organization; conflict of
interest. - A legal services organization is any private
organization, including a legal aid clinic, partnership,
association, or corporation, whose primary purpose is to
provide free legal services.
A lawyer-client relationship shall arise only between the
client and the handling lawyers of the legal services
organization. All the lawyers of the legal services
organization who participated in the handling of a legal
matter shall be covered by the rule on conflict of interest
and confidentiality.
ANNOTATIONS:
NONE
SECTION 21. Lawyers in government service; conflict of
interest. - A lawyer currently serving in the government
shall not practice law privately, unless otherwise
authorized by the Constitution, the law or applicable Civil
Service rules and regulations. If allowed, private practice
shall be upon the express authority of the lawyer's
superior, for a stated specified purpose or engagement,
and only during an approved leave of absence. However,
the lawyer shall not represent an interest adverse to the
government.
ANNOTATIONS:
NONE
SECTION 22. Public Attorney's Office; conflict of interest.
- The Public Attorney's Office is the primary legal aid
service office of the government. In the pursuit of its
mandate under its charter, the Public Attorney's Office
shall ensure ready access to its services by the
marginalized sectors of society in a manner that takes
into consideration the avoidance of potential conflict of
interest situations which will leave these marginalized
parties unassisted by counsel.
A conflict of interest of any of the lawyers of the Public
Attorney's Office incident to services rendered for the
Office shall be imputed only to the said lawyer and the
lawyer's direct supervisor. Such conflict of interest shall
not disqualify the rest of the lawyers from the Public
Attorney's Office from representing the affected client,
upon full disclosure to the latter and written informed
consent.
ANNOTATIONS:
NONE
SECTION 23. Amicus curiae. - A lawyer shall not decline,
without just cause, a request by any court, tribunal, or
other government agency to act as amicus curiae in any
proceeding relating to the lawyer's expertise or field of
specialization.
ANNOTATIONS:
Amicus Curiae
Literally means “a friend of the court.” He is an
experienced and impartial lawyer invited by the court to
give an opinion in the disposition of novel and/or difficult
legal issues before it.
SECTION 24. Active involvement in legal education. - A
lawyer shall keep abreast of legal developments,
participate in continuing legal education programs, and
support efforts to achieve standards of excellence in law
schools as well as in the practical training of law students.
In addition, a lawyer shall assist the Integrated Bar of the
Philippines (IBP), law schools, law alumni associations,
law associations, or civic organizations, in educating the
public on the law and jurisprudence.
The IBP Chapters shall provide supervising lawyers to the
legal aid clinics in their jurisdiction.
ANNOTATIONS:
Participation in the Legal Education Program
This duty carries with it the obligation to be well-
informed of the existing laws and to keep abreast with
legal developments, recent enactment, and
jurisprudence. It is imperative that they be conversant
with the basic legal principles.
Unless they faithfully comply with such duty,
they may not be able to discharge competently and
diligently their obligations as members of the Bar. Worse,
they may become susceptible to committing mistakes.
The latest circular of the Supreme Court provides
for the mandatory attendance of all lawyers in the
“Mandatory Continuing Legal Education” (MCLE)
program of the IBP. Law practitioners have to comply
with the thirty-six (36) hours of mandatory legal
education as a pre-condition to the non- revocation of
license to practice law.
A member who, for whatever reason, is in non-
compliance at the end of the compliance period shall pay
a non-compliance fee. Any member who fails to
satisfactorily comply with Section 2 of Rule 12 shall be
listed as a delinquent member by the IBP Board of
Governors upon the recommendation of the MCLE
Committee, in which case, Rule 139-A of the ROC shall
apply.
Three-fold Obligation of a Lawyer under this Canon
1. He/She owes it to himself/herself to continue
improving his/her knowledge of the laws.
2. He/She owes it to his/her profession to take an
active interest in the maintenance of high
standards of legal education; and
3. He/She owes it to the lay public to make the law
a part of their social consciousness.
SECTION 25. Support for legal internship,
apprenticeship, and training. - To prepare the next
generation of lawyers for ethical practice, lawyers shall
support legal internship and apprenticeship programs
and accept law students for training.
The lawyer shall treat the apprentices as junior
colleagues and future counsels, and shall conscientiously
supervise them.
ANNOTATIONS:
NONE
SECTION 26. Prompt payment of membership dues. - A
lawyer shall promptly pay the annual membership dues
in the IBP, unless expressly exempt from such payment by
law or rules.
ANNOTATIONS:
NONE
SECTION 34. Active participation in the development of
the legal profession. - A lawyer shall participate in the
development of the legal system by initiating or
supporting efforts in law reform, the improvement of the
administration of justice, strengthening the judicial and
legal system, and advocacies in areas of special concern
such as the environment, indigenous peoples' rights,
human rights, access to justice, and good governance.
ANNOTATIONS:
Participation in the Improvement and Reforms in the
Legal System
By reason of education and experience, lawyers
are especially qualified to recognize deficiencies in the
legal system and to initiate corrective measures therein.
Thus, they should participate in proposing and
supporting legislation and programs to improve the
system, without regard to the general interests or desires
of clients or former clients.
Examples:
1. Presenting position papers or resolutions for
the introduction of pertinent bills in Congress;
or
2. Petitions with the Supreme Court for the
amendment of the Rules of Court.
Endorsement by a Lawyer
A lawyer may, with propriety, endorse a
candidate and seek endorsement from other lawyers. A
lawyer should not use or attempt to use the power or
prestige of the judicial office to secure such
endorsement. On the other hand, the lawyer whose
endorsement is sought should have the courage and
moral stamina to refuse the request for endorsement if
he believes the candidate lacks the essential
qualifications for the office or believes the opposing
candidate is better qualified.
SECTION 35. Limited Legal Services. - Limited Legal
Services refer to services for a specific legal incident, with
the expectation by the lawyer and the client that the
lawyer will not provide continuing legal services in the
matter. This includes being appointed as counsel de
officio only for arraignment purposes or special
appearances to make any court submission, to give
advice, to draft legal documents, to provide legal
assistance before courts or administrative bodies, and
the like.
In all instances, the lawyer shall state that the service
being rendered is in the nature of Limited Legal Services.
A lawyer who renders Limited Legal Services shall be
entitled to compensation as may be agreed upon or
provided by the Rules of Court.
ANNOTATIONS:
NONE
SECTION 36. Pro bono Limited Legal Services. - A lawyer
appointed by the court as counsel de officio shall not
refuse to render Limited Legal Services pro bono on the
ground of conflict of interest. Instead, the lawyer shall
disclose to all affected parties such conflict of interest.
In any case, the lawyer may not refuse to render such pro
bona legal services to the person concerned if only to the
extent necessary to safeguard the latter's fundamental
rights and not to deprive such person of remedies
available under the law or rules.
A lawyer currently serving in the government shall not be
exempt from pro bona service and may be appointed by
any court, tribunal, or other government agency as
counsel de officio, unless prohibited by law, or the
applicable Civil Service rules and regulations, or when
there is a conflict of interest with the government.
ANNOTATIONS:
Counsel de officio
A lawyer appointed by the court to defend an
indigent accused/defendant in a criminal case.
Appointment of Counsel de Officio
The duty to appoint a counsel de officio rests
upon the presiding judge. If an accused appears without
counsel, it is the duty of the judge to inform him that
under the Constitution, it is his right to have an attorney
to represent him. The accused must be asked before the
arraignment whether he desires the aid of an attorney. If
he desires and is unable to employ one, the court must
assign an attorney de officio to defend him. However, if
accused wants to defend himself without counsel, the
Judge may allow him to go to trial without counsel but he
cannot later claim he was not accorded due process for
lack of counsel.
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.
Who may be appointed as counsel de officio?
1. A member of the bar in good standing who, by
reason of their experience and ability, can
competently defend the accused.
2. In localities without lawyers:
a. Any person, resident of the province and
of good repute for probity and ability.
Note: In relation to Sec. 34, Rule 138,
Rules of Court 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.
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.
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
or the Supreme Court to appoint a counsel de
officio.
3. The clerk of the CA shall designate a counsel de
officio if it appears from the case record that:
a. The accused is confined in prison.
b. Is without counsel de parte on
appeal.
c. Has signed the notice of appeal
himself, the clerk of Court of Appeals
shall designate a counsel de officio.
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.
When the court cannot appoint a counsel de officio?
If the accused insists that he be represented by
his counsel de parte who is not available during the trial.
Note: If the judge appointed a counsel de officio despite
the protestation of the accused, the sentence rendered
is VOID.
Frequent appointment of counsel de officio
All courts are cautioned against the frequent
appointment of the same attorney as counsel de officio,
for two basic reasons:
1. It is unfair to the attorney concerned,
considering the burden of his regular
practice, that he should be saddled with too
many de officio cases.
2. The compensation provided for by Section
32 of the ROC (a fixed fee of P500 in capital
offenses) might be considered by some
lawyers as a regular source of income,
something which the Rule does not envision.
SECTION 37. Duty of confidentiality in Limited Legal
Services. - A lawyer who provides Limited Legal Services
must protect the client's private confidences to the same
extent as if engaged under regular terms.
ANNOTATIONS:
NONE
SECTION 38. Termination of Limited Legal Services. -
Unless governed by Canon III, Section 36, a lawyer 'must
cease to provide Limited Legal Services to a client when
the lawyer becomes aware that there may be an actual
or potential conflict of interest, except with the written
informed consent of the client.
In all cases, the Limited Legal Services terminates upon
the completion of such services.
ANNOTATIONS:
NONE
SECTION 39. Limited Legal Services of law student
practitioners. -The Limited Legal Services rendered by a
law student practitioner under the Clinical Legal
Education Program shall be governed by the CPRA.
ANNOTATIONS:
NONE
SECTION 40. Accountability of legal clinic director and
supervising lawyer. - A law student clinic director and
supervising lawyer, under Rule 138-A of the Rules of
Court 'shall provide meaningful training to law students.
They shall assume responsibility for any work performed
by the law student while under their supervision and shall
comply with all the laws, rules, and guidelines pertaining
to Law Student Practice.
MODULE 6
SECTION 41. Fair and reasonable fees. - A lawyer shall
charge only fair and reasonable fees.
Attorney's fees shall be deemed fair and reasonable if
determined based on the following factors:
(a) The time spent and the extent of the service rendered
or required;
(b) The novelty and difficulty of the issues involved;
(c) The skill or expertise of the lawyer, including the level
of study and experience required for the engagement;
(d) The probability of losing other engagements as a
result of acceptance of the case;
(e) The customary charges for similar services and the
recommended schedule of fees, which the IBP chapter
shall provide;
(f) The quantitative or qualitative value of the client's
interest in the engagement, or the benefits resulting to
the client from the service;
(g) The contingency or certainty of compensation;
(h) The character of the engagement, whether limited,
seasonal, or otherwise; and
(i) Other analogous factors.
basis for right to attorney’s fees,
fair and reasonable fees,
guide in determining fair and reasonable fees,