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CANON 3: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 3: o No Fair or Unfair Claim re: Qualifications (Rule
3.01) o No False or Misleading Firm Name (Rule 3.02) o Partners Assuming Public Office (Rule
3.03) o No Use of Media to Attract Legal Business (Rule 3.04)
KNOW MORE:
I. Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent, misleading,deceptive, undignified, self-laudatory, or unfair statement or claim regarding his qualifications
or legal services.
A lawyer may not properly publish his brief biographical and informative data in a daily paper,
magazine, trade journal or society program in order to solicit legal business (Khan v. Simbillo,
409 SCRA 299 (2003))6
It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises
his wares. The law is a profession 6 Atty. Simbillo advertised his
services in a Philippine Daily Inquirer ad which read Annulment of Marriage Specialist 532-
433/521-2667. The Court heldthat the solicitation of legal business is not altogether
proscribed. However, for solicitation to be proper, it must be compatible with the dignity of the
legal profession. The use of simple signs stating the name or names of the lawyers, the office,
and the residence address and fields of practice, as well as advertisements in legal periodicals
bearing the same brief data and the use of calling cards are permissible. The publication in
reputable law lists, in a manner consistent with the standards of conduct imposed by the
canon, of brief biographical and informative data is likewise allowed.
and not a business. The lawyer may not sell or obtain employment himself or through others
for to do so would be unprofessional. It is destructive of the honor of a great profession. It
lowers the standards of that profession. It works against the confidence of the community and
it results in needless litigation. (In Re: Tagorda, 53 Phil 37 (1929))7
Advertising, Direct of IndirectThe most worthy and effective advertisement possible, even
for a young lawyer, and especially with his brother lawyers, is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be force, but
must be the outcome of character and conduct. The publication or circulation of ordinary
simple business cards, being a matter of personal taste or local custom, and some times of
convenience is not per se improper. But solicitation of business by circulars or advertisements,
or by personal relations is unprofessional. It is equally unprofessional to procure business by
indirection through touters of any kind whether allied real estate firms or trust companies
advertising to secure the drawing of deeds or wills or offering retainers in exchange for
executorships or trusteeships to be influenced by the lawyer. Indirect advertisement for
business by furnishing or inspiring newspaper comments concerning the manner of their
conduct, the magnitude of the interests involved, the importance of the lawyers position, andall other like self- laudation, defy the traditions and lower the tone of our high calling and are
intolerable. (Sec. 27, Canon of Professional Ethics)
Notice of specialized serviceWhere a lawyer is engaged in rendering a specialized legal
service directly and only to other lawyers, a brief, dignified notice of that fact, couched in
language indicating that it is addressed to lawyers, inserted in legal periodicals and like
publications, when it will afford convenient and beneficial information to lawyers desiring to
obtain such service, is not improper. (Sec. 46, Canon of Professional Ethics)
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Surviving partners cannot continue to use the names ofthe deceased partners. The Court
held, amongst others, that: Continued use will run counter to Art. 1815 CC which tacitly
provides that names in a firm name of a partnership must be those of living partners and, in
case of non-partners, should be living persons who can be subject to liability. The public
relations value of the use of an old firm name can create undue advantage and disadvantage in
the practice of the profession. (In the Matter of the Petition for Authority to Continue Use ofthe Firm NameOzaeta, Romulo, de Leon, etc. and Petition for Authority to Continue Use of
Firm NameSycip, Salazar, Feliciano, etc. (1979)
III. Rule 3.03. Where a partner accepts public office, he shall withdraw from the firm and his
name shall be dropped from the firm name unless the law allows him to practice law
concurrently
Limitation: No Senator or member of the House of Representative may personally appear
before any court of justice or before the Electoral Tribunal, or quasi-judicial and other
administrative bodies (Const, art. VI, sec. 14)
Prohibition: The President, Vice-President, the members of the cabinet and assistants shall
not, unless otherwise provided in this Constitution, hold any other office or employment during
their tenure. They shall not, during said tenure, directly or indirectly practice any profession
(Const, art. VII, sec. 13)
Prohibition: No member of a Constitutional Commission shall, during his tenure, hold any
other office or employment. Neither shall he
engage in the practice of any profession (Const, Art. IX, Sec. 2)
It is unlawful for a public official or employee to, among others: engage in the private
practice of their profession unless authorized by the Constitution or law, provided that such
practice will not conflict or tend to conflict with official functions. (Samonte v. Gatdula, 303
SCRA 756 (1999))8
IV. Rule 3.04. A lawyer shall not pay or give anything of value to representatives of the mass
media in anticipation of, or in return for, publicity to attract legal business. It is bad enough to have such undue publicity when a criminal case is being investigated by
the authorities, even when it being tried in court; but when said publicity and sensationalism is
allowed, even encouraged, when the case is on appeal and is pending consideration by this
Tribunal, the whole thing becomes inexcusable, even abhorrent, and this Court, in the interest
of justice, is constrained and called upon to put an end to it and a deterrent against its
repetition by meting an appropriate disciplinary measure, even a penalty to the one liable.
(Cruz v. Salva, 105 Phil 1151 (1959))
CANON 4: QUICK REFERENCE
KNOW MORE: While the lawyers task in contributing to the improvement of the legal system
is not a matter of strict duty, it is a duty nevertheless that flows from the lawyers sense ofpublic responsibility. The improvement of the legal system cannot, however, be done by
dreaming in a vacuum. The lawyer must recognize that the law is a part of vast social network
and whether he likes it or not, he has to interact with the rest of society. There is thus the need
on the part of the lawyer to transcend the narrow limits of technical law. Intricately woven is
the law with the social fabric that the legal profession cannot afford to confine itself to
narrowly technical legal questions. A lawyer must broaden out and continue to grow in
knowledge and competence in order to be able to make the law socially responsive. (Agpalo)
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KNOW MORE:
Bar Matter 850 Mandatory Continuing Legal Education9
Members of the IBP, except those exempt under Rule 7 of Bar Matter No.850 (Mandatory
8 Facts: The name of Rolando Gatdula, a branch clerk of court, appeared on the calling card of a
firm 9 ANNEXED
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LEGAL ETHICS
Canon 5: A lawyer shall keep abreast of legal developments, participate in continuing legal
education programs, support efforts to achieve highest standards in law schools as well as in
the practical training of law students and assist in disseminating information regarding law and
jurisprudence.
Continuing Legal Education), are required every 3 years to complete at least 36 hours of
continuing legal education activities, with appropriate penalties for failure to do so. (Agpalo)
CANON 5: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 6: o Primary Duty: See Justice Is Done (Rule 6.01) o
Not to Use Public Position for Private Interest (Rule 6.02) o Not to Engage in Related
Employment (Rule 6.03)
KNOW MORE:
RA 6713, (Code of Conduct and Ethical Standards for Public Officials and Employees.)Sec. 4(A)
Norms of Conduct of Public Officials and Employees.
(A) Every public official and employee shall observe the following as standards of personal
conduct in the discharge and execution of official duties:
(a) Commitment to public interest. - Public officials and employees shall always uphold the
public interest over and above personal interest. All government resources and powers of their
respective offices must be employed and used efficiently, effectively, honestly and
economically, particularly to avoid wastage in public funds and revenues.(b) Professionalism. - Public officials and employees shall perform and discharge their duties
with the highest degree of excellence, professionalism, intelligence and skill. They shall enter
public service with utmost devotion and dedication to duty. They shall endeavor to discourage
wrong perceptions of their roles as dispensers or peddlers of undue patronage.
(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all
times. They must act with justness and sincerity and shall not discriminate against anyone,
especially the poor and the underprivileged. They shall at all times respect the rights of others,
and shall refrain from doing acts contrary to law, good morals, good customs, public policy,
public order, public safety and public interest. They shall not dispense or extend undue favors
on account of their office totheir relatives whether by consanguinity or affinity except with respect to appointments of such
relatives to positions considered strictly confidential or as members of their personal staff
whose terms are coterminous with theirs.
(d) Political neutrality. - Public officials and employees shall provide service to everyone without
unfair discrimination and regardless of party affiliation or preference.
(e) Responsiveness to the public. - Public officials and employees shall extend prompt,
courteous, and adequate service to the public. Unless otherwise provided by law or when
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required by the public interest, public officials and employees shall provide information of their
policies and procedures in clear and understandable language, ensure openness of information,
public consultations and hearings whenever appropriate, encourage suggestions, simplify and
systematize policy, rules and procedures, avoid red tape and develop an understanding and
appreciation of the socio-economic conditions prevailing in the country, especially in the
depressed rural and urban areas.
(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the
Republic and to the Filipino people, promote the use of locally produced goods, resources and
technology and encourage appreciation and pride of country and people. They shall endeavor
to maintain and defend Philippine sovereignty against foreign intrusion.
(g) Commitment to democracy. - Public officials and employees shall commit themselves to the
democratic way of life and values, maintain the principle of public accountability, and manifest
by deeds the supremacy of civilian authority over the military. They shall at all times uphold the
Constitution and put loyalty to country above loyalty to persons or party.
(h) Simple living. - Public officials and employees and their families shall lead modest lives
appropriate to their positions and income. They shall not indulge in extravagant or ostentatious
display of wealth in any form.
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Canon 6. These Canons shall apply to lawyers in government service in the discharge of their
official duties.
Rule 6.01. The primary duty of a lawyer 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. Rule 6.02. A lawyer in government service shall not use his public position to promote oradvance his private interests, nor allow the latter to interfere with his public duties.
Rule 6.03. A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had interned.
CANON 6: QUICK REFERENCE
I. Rule 6.01. The primary duty of a lawyer 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.
The benefit of the doubt belongs to the prosecuting attorney. The prosecuting attorney is
under no compulsion to file a particular criminal information where he is not convinced that hehas evidence to prop up the averments thereof, or that the evidence at hand points to a
different conclusion. (People v. Pineda, 20 SCRA 748 (1967))
A public prosecutor isa quasi-judicial officer who represents, not an ordinary party to a
controversy, but sovereignty. This sovereignty has its obligation to govern impartially.
Therefore, the interest in a criminal prosecution is not that it shall win a case but that justice
shall be done. (Agpalo)
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II. Rule 6.02. A lawyer in 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. While the
charges have to be dismissed, still it would not be inappropriate for respondent to avoid all
appearances of impropriety. Respondent, in his future actuations as a member of the bar,
should refrain from laying himself open to such doubts and misgivings as to his fitness not only
for the position occupied by him but also for membership in the bar. He is not worthy ofmembership in an honorable profession who does not even take care that
his honor remains unsullied. (Misamin v. San Juan, 72 SCRA 491 (1976))10 A member of the
Bar who assumes public office does not shed his professional obligation. The CPR was not
meant to govern the conduct of private petitioners alone, but of all lawyers including those in
government service. Lawyers in government are public servants who owe the utmost fidelity to
the public service. Thus they have to be mores sensitive in the performance of their
professional obligations. A lawyer in public service is a keeper of public faith and is burdened
with a high degree of social responsibility, perhaps higher than her brethren in private practice.
(Vitriolo v. Dasig, 400 SCRA 172 (2003))11
III. Rule 6.03. A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in said service.
RA 3019, Sec. 3(d) (Anti-Graft and Corrupt Practices Act). In addition to acts or omissions of
public officers already penalized by existing law, the following shall constitute corrupt practices
of any public officer and are hereby declared to be unlawful: (d) Accepting or having any
member of his family accept employment in a private enterprise which has pending official
business with him during the pendency thereof or within one year after its termination.
RA 6713, Sec. 7(b). In addition to acts and omissions of public officials and employees not
prescribed in the Constitution and existing laws, the following shall constitute prohibited acts
and transactions of any public official and employee and are hereby declared to be unlawful: (b)
Outside employment and other activities related thereto.Public officials and employees
during their incumbency shall not: 1) Own, control, manage or accept employment as officeremployee, consultant, counsel, broker, agent, trustee or nominee / in any private enterprise
regulated, supervised or licensed by their office / unless expressly allowed by law; 2) Engage in
the private practice of their profession unless authorized by the Constitution or law, provided
that such practice will not conflict or tend to conflict with their official functions; or 3)
Recommend any person to any position in a private enterprise which has a regular or pending
official transaction with their office.
10 FACTS: Atty. San Juan, a captain of the MM Police force and a
member of the bar was charged with coercing an employee, Misamin, to agree to drop charges
filed against his employer Tan Hua for violation of the Minimum Wage Law. The case was
dismissed for lack of evidence. 11 FACTS: The SC disbarred Atty. Felina Dasig, the OIC of theLegal Affairs Service of CHED, for making unlawful demands to extort money from certain
people who had pending applications in her office for correction of names. Generally speaking,
a lawyer who holds a government office may not be disciplined as a member of the Bar for
misconduct in the discharge of his duties as government official. However, if said misconduct as
a government official also constitutes a violation of his oath as a lawyer then he may be
disciplined by this Court as a member of the Bar.
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1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 14 of 74
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These prohibitions shall continue to apply for a period of 1 year after resignation, retirement or
separation from public office, / except in case of subparagraph (2) above, / but the professional
concerned cannot practice his profession in connection with any matter before the office he
used to be with, / in which case the one year prohibition shall likewise apply. RA 910 Sec. 1 (condition of pension). No retiring justice or judge of a court of record or city or
municipal judge during the time that he is receiving said pension shall appear as counsel in any
court in any civil case where in the govt. or any of its subdivisions or instrumentalities is an
adverse party, in a criminal case were an officer or employee of the govt. is accused of an
offense related to his official function, or collect any fee for his appearance in any
administrative proceedings to maintain an interest adverse to the govt.
In determining whether Atty. Mendoza committed a breach of Rule 6.03, certain factual
predicates should be established, thus: (a) in connection with what matter has Atty. Mendoza
accepted an engagement or employment after leaving the government service?; (b) in
connection with what matter did he intervene while in government service?; and (c) what
acts did he particularly perform in intervening in connection with such matter? The first
concern in assessing the applicability of the Rule is the definition of matter. The same lawsuit
or litigation is the same matter. The same issue of fact involving the same parties and the same
situation or conduct is the same matter. By contrast, work as a government employee in
drafting, enforcing or interpreting government or agency procedures, regulations, or laws, or in
briefing abstract principles of law, does not disqualify the lawyer under DR 9-101 (B) from
subsequent private employment involving the same regulations, procedures, or points of law;
the same matter is not involved because there is lacking the discrete, identifiable transaction
or conduct involving a particular situation and specific parties. Intervention is interference that
may affect the interest of others. Since the word intervene has two connotations, one
affecting interest of others and one done merely in influencing others, Rule 6.03 should be readin the context of the former. To interpret it otherwise is to enlarge the coverage of Rule 6.03.
(PCGG v. Sandiganbayan, 455 SCRA 526 (2005))
B. The Lawyer and the Legal Profession
MEMORY AID FOR CANONS UNDER THIS SECTION: 1. Uphold Dignity and Integrity in the
Profession (Canon 7) 2. Courtesy, Fairness, Candor Towards Professional Colleagues (Canon 8)
3. Unauthorized Practice of Law (Canon 9)
CANON 7: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 7: o No False Statement (Rule 7.01) o Not to Support
Unqualified Bar Applicant (Rule 7.02) o No Conduct Adversely Affecting the Profession (Rule
7.03)KNOW MORE:
The basic postulate of the IBP is that it is non- political in character and that there shall be
neither lobbying nor campaigning in the choice of the IBP Officers. The spectacle of lawyers
bribing or being bribed to vote did not uphold the honor of the profession nor elevate it in the
publics esteem. (In Re: Election of the IBP, 178 SCRA 398 (1989))
More than just paying IBP Membership dues, a lawyer should help achieve objectives and
purposes of the IBP, i.e., assist in the administration of justice; foster and maintain on the
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part of its members high ideals of integrity, learning, professional competence, public service
and conduct; safeguard the professional interests of its members; cultivate among its
members a spirit of cordiality and brotherhood; provide a forum for the discussion of law,
jurisprudence, law reform, pleading, practice and procedure and the relations of the bar
thereto; encourage and foster legal education; promote a continuing program of legal
research in substantive and adjective law, and make reports and recommendations thereon.(Agabin)
The act of downloading the test questions from the bar examiners PC without the latters
Canon 7: A lawyer shall at all times uphold the integrity and dignity of the legal profession and
support the activities of the integrated bar.
Rule 7.01. A lawyer shall be answerable for knowingly making a false statement or suppressing
a material fact in connection with his application for admission to the bar.
Rule 7.02. A lawyer shall not support the application for admission to the bar of any person
known by him to be unqualified in respect to character, education, or other relevant attribute.
Rule 7.03. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice
law, nor shall he, whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession.
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LEGAL ETHICS
Canon 8. A lawyer shall conduct himself with courtesy, fairness, and candor toward his
professional colleagues, and shall avoid harassing tactics against opposing counsel.
Rule 8.01. A lawyer shall not, in professional dealings, use language which is abusive, offensive
or otherwise improper.
Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the professional employment
of another lawyer; however, it is the right of any lawyer, without fear or favor, to give proper
advice and assistance to those seeking relief against unfaithful or neglectful counsel.knowledge and permission was a criminal act of larceny. By transmitting and distributing the
stolen questions to his fraternity brothers, he had given them undue advantage over the other
bar takers. (Re: 2003 Bar Examinations, 421 SCRA 703 (2004))
Re: Payment of IBP Dues: The integration of the Phil. Bar means the unification of the entire
lawyer population requiring membership and financial support of every attorney as condition
sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the
SC. Bar integration does not compel the lawyer to associate. The only compulsion is the
payment of annual dues which, the SC, in order to foster the States legitimate interest in
elevating the quality of professional legal services, may require to be shared by all the subjects
and beneficiariesthe lawyers. The fee is a regulatory measure not barred by the Constitution.The only limitation is that the regulation should not impose an unconstitutional burden. The
public interest far outweighs the slight inconvenience to a member. The compulsory nature of
payment of dues subsists for as long as ones membership in the IBP remains, regardless of the
extent of practice of a lawyer. (Letter of Atty. Cecilio Arevalo, 458 SCRA 209 (2005))
I. Rule 7.01. A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in connection with his application for admission to the bar.
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Observance of the duties and responsibilities of a lawyer begins even as a law student. A
students failure to live up to them may be a ground for SC to refuse admission to practice or
for disbarment should SC learn later on about his/her transgressions. (Agpalo)
II. Rule 7.02. A lawyer shall not support the application for admission to the bar of any person
known by him to be unqualified in respect to character, education, or other relevant attribute.
A lawyer should not readily execute an affidavit of good moral character in favor of anapplicant who has not live up to the standard set by law. He should volunteer information or
cooperate in any investigation concerning alleged anomaly in the bar examination. This is to
help guard the profession from candidates who are unfit or unqualified. He should expose
without fear or favor before the SC corrupt or dishonest conduct in the profession and should
not hesitate to accept professional employment against a lawyer who has wronged his client.
(Agpalo)
III. Rule 7.03. A lawyer shall not engage in conduct that adversely reflects on his fitness to
practice law, nor shall he, whether in public or private life, behave in a scandalous manner to
the discredit of the legal profession.
In a disbarment proceeding, it is immaterial that the complainant is aware of his marital
status or that he was not caught in pari delicto because this is not a proceeding to grant relief
to the complainant but one to purge the law profession of unworthy members, to protect the
public and the court. Possession of good moral character is not only a condition precedent to
admission to the legal profession, but its continued possession is essential to maintain ones
good standing in the profession. (Zaguirre v. Castillo, 398 SCRA 659 (2003))12
CANON 8: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 8: o No Abusive and Improper Language (Rule 8.01) o
Not to Encroach on Professional Employment (Rule 8.02)
KNOW MORE:
I. Rule 8.01. A lawyer shall not, in professional dealings, use language which is abusive,
offensive or otherwise improper. The fact that one of the lawyers conducts him/herself improperly does not relieve the other
from professional obligation in his relation with him/her. (Agpalo)
Any undue ill-feeling between clients should not influence counsels in their conduct and
demeanor toward each other. While lawyers owe entire devotion to the interest of their
clients, their office does not permit violation of 12 FACTS: Zaguirre and
Castillo were officemates at the NBI. Zaguirre said that Castillo represented himself to be single,
courted her and promised her marriage. Soon they had intimate relations and Zaguirre became
pregnant. During their affair, Castillo was preparing for the bar exam which he passed. Only
after Castillo was admitted to the Bar did Zaguirre learn that he was married. She presented an
affidavit executed by Castillo, who by now is a lawyer admitting his relationship with her andrecognizing the baby she was carrying as his. However, when she gave birth, Castillo refused to
recognize the child and to give her any form of support. Castillo denied all her allegations and
said that what transpired between them was nothing but mutual lust and desire. He admitted
that he executed the affidavit but explained that he only did so to save Zaguirre from
embarrassment. He sought understanding from the court by pointing out that men by nature
are polygamous. The SC indefinitely suspended him from the practice of law for gross immoral
conduct.
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1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 16 of 74
LEGAL ETHICS
the laws or any manner of fraud or chicanery. (Reyes vs. Chiong, Jr., 405 SCRA 212))
II. Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer; however, it is the right of any lawyer, without fear or favor, togive proper advice and assistance to those seeking relief against unfaithful or neglectful
counsel.
A lawyer should not steal the other lawyers client nor induce the latter to retain him by
promise of better service, good result or reduced fees for his services. Neither should he
disparage another, make comparisons or publicize his talent as a means to further his law
practice. (Agpalo)
He may accept employment to handle a matter previously handled by another lawyer,
provided that the other lawyer has been given notice of termination of service. Without such
notice, he shall only appear once he has obtained conformity or has, at the very least, given
sufficient notice of contemplated substitution. A lawyers appearance in the case without
notice to the first lawyer amounts to an improper encroachment upon the professional
employment of the original counsel. (Agpalo)
A lawyer should not, in the absence of the adverse partys counsel, interview the adverse
party and question him as to the facts of the case even if the adverse party was willing to do so.
Neither should he sanction the attempt of his client to settle a litigated matter with the adverse
party without the consent nor knowledge of the latters counsel. (cf. Canon 9) (Agpalo)
A clients proffer of assistance of additional counsel should not be regarded as evidence of
want of confidence but the matter should be left to the determination of the client. The 2nd
lawyer should communicate with the 1st before making an appearance. Should the 1st lawyer
object, he should decline association but if the 1st lawyer is relieved, he may come into the
case. (Agpalo) When there is conflict of opinions between two lawyers jointly associated in a case, the client
should decide. The decision should be accepted unless the nature of the difference makes it
impracticable for the lawyer whose judgment has been overruled to cooperate effectively. In
this event, it is his/her duty to ask client to relieve him/her. (Agpalo)
CANON 9: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 9: o Not to Delegate Work (Rule 9.01) o Not to Divide
Legal Fees (Rule 9.02)
KNOW MORE:
Ranas having passed the bar and taking the oath does not make him a lawyer. It is the
signing in the Roll of Attorneys that finally makes one a full-fledged lawyer. (Aguirre v. Rana,403 SCRA 342 (2003))13
Private practice does not pertain to an isolated court appearance; rather, it contemplates a
succession of acts of the same nature habitually or customarily holding ones self to the public
as a lawyer. It is evident that the isolated appearances as pro bono counsel do not constitute
the private practice of the law profession contemplated by law. Nonetheless, though his
appearances do not amount to private practice, he still failed to obtain a written permission
from the head of the Department as required by the Revised Civil Service Rules (No officer or
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employee shall engage directly in any private business, vocation or profession). (OCA v.
Ladanga, 350 SCRA 326 (2001))14 13 FACTS: Edwin Rana passed the
2000 Bar Examinations but was denied admission after it was found that he appeared as
counsel for a candidate in the May 2001 elections before the Municipal Board of Election
Canvassers of Mandaon, Masbate where he even filed a pleading representing himself as
counsel for and in behalf of Vice Mayoralty candidate George Bunan. All these he did beforesigning the roll of attorneys.
14 FACTS: The SC sternly reprimanded Atty. Ladaga, Branch Clerk of Court the RTC of Makati,
for practicing law without prior permission when he appeared as pro bono counsel for his
cousin. Atty. Ladaga had actually requested the Court Administrator for
Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.
Rule 9.01. A lawyer shall not delegate to any unqualified person the performance of any task
which by law may only be performed by a member of the Bar in good standing.
Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services with persons
not licensed to practice law, except: 1. there is a pre-existing agreement with a partner or
associate that, upon the latters death, money shall be paid over a reasonable period of time to
his estate or to persons specified in the agreement; or 2. Where a lawyer undertakes to
complete unfinished or legal business of a deceased lawyer; or 3. 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 profit- sharing arrangement.
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LEGAL ETHICS
A person not admitted to the bar may not hold himself out to the public as engaged in the
practice of law, either alone or as associated with a practicing attorney under a firm name. (US
v. Ney (1907))
The title of attorney is reserved to those who, having obtained the necessary degree in thestudy of law and successfully taken the Bar Examinations, have been admitted to the IBP and
remain members thereof in good standing, and it is they only who are authorized to practice
law in this jurisdiction. (Alawi v. Alauya (1997))15
I. Rule 9.01. A lawyer shall not delegate to any unqualified person the performance of any task
which by law may only be performed by a member of the Bar in good standing.
Can employ secretaries, investigators, detectives, researches as long as they are not involved
in the practice of law (e.g., not writing pleadings, appearing in court, etc.) (Agpalo)
NOTES FROM PROF: JARDALEZA: May a lawyer delegate a case to another lawyer within the
same firm? If a client has specified the services of one particular attorney, then the case may
not be delegated. Otherwise, it may be delegated.II. Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services with persons
not licensed to practice law, except: a. Where there is a pre-existing agreement with a partner
or associate that, upon the latters death, money shall be paid over a reasonable period of time
to his estate or to persons specified in the agreement; or b. Where a lawyer undertakes to
complete unfinished or legal business of a deceased lawyer; or c. Where a lawyer or law firm
includes non-lawyer employees in a retirement plan, even if the plan is based in whole or in
part, on profit- sharing arrangement.
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The first two exceptions to the rule represent compensation for legal service rendered by the
deceased lawyer during his lifetime, which is paid to his estate or heirs. The third exception to
the rule does not involve, strictly speaking, a division of legal fees with non-lawyer employees.
The retirement benefits in the form of pension represent additional deferred wages or
compensation for past services of the employees (Agpalo)
authority to appear but nonetheless appeared beforeauthorization could be given.
15 FACTS: Alauya, a member of the Sharia Bar used the title of attorney.
C. The Lawyer and the Courts
MEMORY AID FOR CANONS UNDER THIS SECTION: 1. Observe Candor, Fairness and Good Faith
(Canon 10) 2. Respect Courts and Judicial Officers (Canon 11) 3. Assist in Speedy and Efficient
Administration of Justice (Canon 12) 4. Refrain from Act Giving Appearance of Influence (Canon
13)
CANON 10: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 10: o Truthfulness Towards the Court (Rule 10.01) o
Not to Misquote or Misrepresent Contents of Paper (Rule 10.02) o Observe Rules of procedure
(10.03)
KNOW MORE: As an officer of the court and as part of the machinery for the administration of
justice, a lawyer is continually accountable to the court for the manner he discharges his duties
and is always subject to its disciplinary control (Agpalo)
The oath to which all lawyers have subscribed in solemn agreement to dedicate themselves to
the pursuit of justice is not a mere ceremony or formality for practicing law to be forgotten
afterwards; nor is it mere words, drift and hollow, but a sacred trust that lawyers must uphold
and keep inviolable at all times. (Ting Dumali v. Torres (2004))
A lawyers oath to uphold the cause of justice is superior to his duty to his client; its primacy is
indisputable. (Cobb Perez v. Lantin (1968))
Canon 10. A Lawyer owes candor, fairness and good faith to the Court.Rule 10.01. A lawyer shall not do any falsehood, nor consent to the doing of any in Court, nor
shall he mislead or allow the Court to be misled by an artifice.
Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the
language or the argument of opposing counsel, or the text of a decision or authority, or
knowingly cite as law a provision already rendered inoperative by repeal or amendment, or
assert as a fact that which has not been proved.
Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat
the ends of justice.
1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 18 of 74LEGAL ETHICS
I. Rule 10.01. A lawyer shall not do any falsehood, nor consent to the doing of any in Court, nor
shall he mislead or allow the Court to be misled by an artifice.
Canon 32 Code of Professional Ethics. The lawyer's duty in its last analysis. No client corporate
or individual, however, powerful nor any cause, civil or political, however important, is entitled
to receive nor should any lawyer render any service or advice involving disloyalty to the laws
whose ministers we are, or disrespect of the judicial office, which we are bound to uphold, or
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corruption of any person or persons exercising a public office or private trust, or deception or
betrayal of the public. When rendering any such improper service or advice, the lawyer invites
and merits stern and just condemnation. Correspondingly, he advances the honor of his
profession and the best interests of his client when he renders service or gives advice tending
to impress upon the client and his undertaking exact compliance with the strictest principles of
moral law. He must also observe and advice his client to observe the statute law, though until astatute shall have been construed and interpreted by competent adjudication he is free and is
entitled to advise as to its validity and as to what he conscientiously believes to be its just
meaning and extent. But above all a lawyer will find his highest honor in a deserved reputation
for fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal
citizen.
A lawyer should not conceal the truth from the court, nor mislead the court in any manner no
matter how demanding his duties to clients may be. (Agpalo)
A lawyer must be a disciple of truth. He swore upon his admission to the bar that he will do
no falsehood nor consent to the doing of any in court and he shall conduct himself as a
lawyer according to the best of his knowledge and discretion with all good fidelity as well to the
courts as to his clients. (Young v. Batuegas, 403 SCRA 123 (2003))16
To warrant disciplinary action against a lawyer, who prosecutes false charges or complaints, it
must be shown that the charges are false and the lawyer knows them to be so. (malice or bad
faith) (Agpalo)
If a lawyer, through negligence in the performance of his duties as counsel for a party, failed
to discover the falsity of the document which he offered in evidence, he may still be dealt with
administratively notwithstanding lack of intent on his part to 16 FACTS:
The Court suspended lawyers who filed a Manifestation with Motion for Bail on Dec 13, 2000,
alleging that the accused voluntarily surrendered to a person in authority. The truth is that the
accused only surrendered on Dec 14, 2000, as shown by the Certificate of Detention of the NBI.
Respondents declared that on Dec 13, upon learning that a warrant of arrest was issued fortheir client, they filed the Manifestation with motion for bail with the trial court. Then they
immediately fetched the accused in Cavite and brought him to the NBI to voluntarily surrender.
However, due to heavy traffic, they arrived at the NBI at 2:00 am the next day; hence, the
certificate of detention indicated the accused surrendered on Dec. 14
deceive (Agpalo)
Though his explanation appears to be a mere afterthought there is the assumption of good
faith in favour of respondent. Moreover, judging from the awkwardly-worded petition and even
his compliance quite indicative of either carelessness or lack of proficiency in the handling of
the English language, it isnt unreasonable to assume that his deficiency in the mode of
expression contributed to the inaccuracy of his statements. Every member of the bar shouldrealize that candor in the dealings with the court is the very essence of honorable membership
in the profession. (Cuaresma v. Daguis (1975))
II. Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a paper,
the language or the argument of opposing counsel, or the text of a decision or authority, or
knowingly cite as law a provision already rendered inoperative by repeal or amendment, or
assert as a fact that which has not been proved.
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In citing the SC decisions and rulings, it is the bounden duty of courts, judges and lawyers to
reproduce or copy the same word-for-word and punctuation-mark-for-punctuation-mark
(Agpalo)
The Court believes it is more a result of clerical ineptitudethan deliberate attempt to mislead.
The Companies have the prima facie right to rely on the quotation as it appears on respondent
judges decision. However, the Court articulates its firm view that in citing this Courts decisionand rulings, it is the bounden duty of courts, judges and lawyers to reproduce or copy the same
word-for-word and punctuation mark-for-punctuation mark. Only from this Tribunals decisions
and rulings do all other courts, as well as lawyers and litigants, take their bearings. Ever
presenting the danger that if not faithfully and exactly quoted, the decisions and rulings of this
Court may lose their proper and correct meaning. (Insular Life Employees Co. v. Insular Life
Association, 37 SCRA 1 (1970))
III. Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to
defeat the ends of justice.
Rule 138.20(d) Duties of attorneysIt is the duty of an attorney (d) 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 of law.
Procedural rules are instruments in the speedy and efficient administration of justice. They
should not be used to derail such ends. They should not misuse them, as by filing multiple
petitions regarding the same cause of action of by deliberately misreading the law to seek a
reopening of a case long decided. (Agpalo)
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LEGAL ETHICS
CANON 11: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 11: o Proper Attire (Rule 11.01) o Punctuality (Rule11.02) o Proper Language and Behavior (Rule 11.03) o Not to Attribute Motives to Judge (Rule
11.04) o Grievance Against Judge (Rule 11.05)
KNOW MORE:
Mere criticism or comment on the correctness or wrongness, soundness or unsoundness of
the decision of the court in a pending case made in good faith may be tolerated; because if well
founded it may enlighten the court and contribute to the correction of an error if committed;
but if it is not well taken and obviously erroneous, it should not influence the court in reversing
or modifying its decision. (In re: Sotto, 82 Phil 595 (1949))17
Lawyers should bear in mind their basic duty to observe and maintain the respect due to the
courts of justice and judicial officers and to insist on similar conduct by others (Canon 11 CPR).This attitude is best shown through 17 FACTS: Atty. Vicente Sotto, then
a Senator of the Republic, wrote his opinion in the Manila Times regarding the SCs decision, In
re Angel Parazo which was then pending reconsideration. There the SC cited in contempt a
reporter for his refusal to divulge his source of news published in the paper. Sotto claims that
majority of the members of the Supreme Court are incompetent and narrow-minded. He also
said that the members of the Court have deliberately committed blunders and injustices during
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the past years. The SC cited Sotto in contempt and required him to show cause why he should
not be disbarred.
scrupulous preference for respectful language, is to be observed not for the sake of the
temporary incumbent of the judicial office, but for the maintenance of its supreme importance.
(Guerrero v. Villamor, 179 SCRA 355 (1989))
I. Rule 11.01. A lawyer shall appear in court properly attired. Courts have ordered a male attorney towear a necktie and have prohibited a female attorney
from wearing a hat. However, the prohibition of a dress whose hemline was five inches above
the knee was held to be acceptable as such had become an accepted mode of dress even in
places of worship. (Aguirre)
Respect begins with the lawyers outward physical appearance in court. Sloppy or informal
attire adversely reflects on the lawyer and demeans the dignity and solemnity of court
proceedings. (Agpalo)
II. Rule 11.02. A lawyer shall punctually appear at court hearings.
A lawyer owes the court and his client the duty to punctually appear at court proceedings.
(Agpalo)
Inexcusable absence from, or repeated tardiness in, attending a pre-trial or hearing may
subject the lawyer to disciplinary action as his actions showing disrespect to the court make
him guilty of contemptuous behavior. (Agpalo)
III. Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing language or
behavior before the courts.
Notes from Agpalo:
Lawyers Courtesy It must never be forgotten that a lawyer pleads; he does not dictate. He
should be courageous, fair, and circumspect, not petulant, combative, or bellicose in his
dealings with the court
While criticism of judicial conduct is notforbidden and zeal in advocacy is encouraged, the
lawyer must always act within the limits of propriety and good taste and with deference for thejudges before whom he pleads his clients cause
A lawyer should not assail, without basis, the personal integrity of a judge and accuse him of
misfeasance in an attempt to hide his own inadequacies and omissions to escape criticism of his
client
The discharge of the lawyers duty to his client does not justify or require the use of
defamatory or threatening words. Neither does the mistake of a
Canon 11. A lawyer shall observe and maintain the respect due to the courts and judicial
officers and should insist on similar conduct by others.
Rule 11.01. A lawyer shall appear in court properly attired.
Rule 11.02. A lawyer shall punctually appear at court hearings.Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing language or behavior
before the courts.
Rule 11.04. A lawyer shall not attribute to a Judge motives not supported by the record or have
no materiality to the case.
Rule 11.05. A lawyer shall submit grievances against a Judge to the proper authorities only.
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LEGAL ETHICS
judge in some of his rulings warrant the use of offensive language
There is no defense against the use in a pleading by a lawyer of disrespectful, threatening,
abusive, and abrasive language. It cannot be justified by the constitutional right of free speech
for such right is not absolute and its exercise must be within the context of a functioning and
orderly system of dispensing justice Where words are abrasive or insulting, evidence that the language employed is justified by
the facts is not admissible as a defense
Judges Courtesy The duty to observe and maintain respect is not a one-way duty from a layer
to a judge. A judge should show no shortness of temper which merely detracts from the
equanimity and judiciousness that should be the constant marks of a dispenser of justice
A judge may utilize his opportunities to criticize and correct unprofessional conduct of
attorneys but he may not do so in an insulting manner
While a lawyer must advocate his client's cause in utmost earnest and with the maximum skill
he can marshal, he is not at liberty to resort to arrogance, intimidation, and innuendo.
(Sangalang v. IAC (1989))
Every citizen has the right to comment upon and criticize the actuations of public officers. The
Court also treats with forbearance and restraint a lawyer who vigorously assails their
actuations, provided it is done in respectful terms and through legitimate channels. For
courageous and fearless advocates are the strands that weave durability into the tapestry of
justice. The reason is that an attorney does not surrender his right as a citizen to criticize the
decisions of the court in fair and respectful manner, and the independence of the Bar, as well as
the judiciary, has always been encouraged by the courts. Criticism has been an important part
of the traditional work of a lawyer. As a citizen and as officer of the court, a lawyer is expected
not only to exercise his right, but also to consider it his duty to avail of such right. But the
cardinal condition of all such criticism is that is shall be bona fide and shall not spill over the
walls of decency and propriety. (In Re: Almacen, 31 SCRA (1970))IV. Rule 11.04. A lawyer shall not attribute to a Judge motives not supported by the record or
have no materiality to the case.
The rule allows such criticism so long as it is supported by the record or it is material to the
case. A lawyers right to criticize the acts of courts and judges in a proper and respectful way
and through legitimate channels is well recognized. The cardinal condition of all such criticism
is that it shall be bona fide, and shall
not spill over the wall of decency and propriety. (Agpalo)
The cardinal condition of all such criticism is that it shall be bona fide, and shall not spill over
the wall of decency and propriety. (Agpalo)
V. Rule 11.05. A lawyer shall submit grievances against a Judge to the proper authorities only. Const art. VIII, sec. 6. The Supreme Court shall have administrative supervision over all courts
and the personnel thereof. [the SC is the proper authority
The duty to respect does not preclude a lawyer from filing administrative complaints against
erring judges, or from acting as counsel for clients who have legitimate grievances against
them. (Agpalo)
The lawyer shall not file an administrative case until he has exhausted judicial remedies which
result in a finding that the judge has gravely erred. (Agpalo)
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Where a criminal complaint against a judge or other court employees arises from their
administrative duties, the Ombudsman must defer action on said complaint and refer the same
to the SC for determination whether said judges or court employees acted within the scope of
their administrative duties. Otherwise, in the absence of any administrative action, the
investigation being conducted by the Ombudsman encroaches into the Courts power of
administrative supervision over all courts and its personnel, in violation of the doctrine ofseparation of powers. (Maceda v. Vasquez, 221 SCRA 464 (1993))18
18 This prayer for preliminary mandatory injunction is with regard to
whether the office of the ombudsman could entertain a criminal complaint for the alleged
falsification by Judge Maceda of his certificate of service submitted to the SC, and assuming
that it can, whether a referral should be made first to the SC.
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LEGAL ETHICS
CANON 12: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 12: o Adequate Preparation (Rule 12.01) o Forum
Shopping (Rule 12.02) o Not to Delay Case (Rule 12.03) o Court Process (Rule 12.04) o Proper
Behavior (Rule 12.05-12.07) o Not to Testify on Behalf of Client (Rule 12.08)
KNOW MORE:
CONST. art III, sec 6. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
Rule 138 Sec 20(g). Duties of attorneys. It is the duty of an attorney: (g) Not to encourage
either the commencement or the continuance of an action or proceeding, or delay any mans
cause, from any corrupt motive or interest.
Notes from Agpalo:
o The first duty of a lawyer is not to his client but the administration of justice. As an officer of
the Court, it is the duty of the lawyer to advance the Courts objective of having a speedy,efficient, impartial, correct, and inexpensive adjudication of
case and the prompt satisfaction of final judgments.
o The duty to assist in the administration of justice may be performed by doing no act that
obstructs, perverts, or impedes the administration of justice and by faithfully complying with all
his duties to the court and to his client. Examples of the former would include the duty to
inform the court of any change of his address or of the death of his client.
o Acts that amount to obstruction of the administration of justice may take many forms. They
include such acts as instructing a complaining witness in a criminal case not to appear at the
scheduled hearing so that the case against his client, the accused, would be dismissed
o Ordinarily, obstruction of justice constitutes contempt of court, and citing the misbehavinglawyer for contempt and punishing him for such misbehavior may be sufficient to accomplish
the end desired. However, the misbehavior may be of such character as to effect the offenders
qualifications as a lawyer for the practice of law. In such case, he may be disciplined as a lawyer
for such misconduct.
I. Rule 12.01. A lawyer shall not appear for trial unless he has adequately prepared himself on
the law and the facts of his case, the evidence he will adduce
A lawyer shall not handle any legal matter without adequate preparation. (Rule 18.02)
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Without adequate preparation, the lawyer may not be able to effectively assist the court in
the efficient administration of justice. Non- observance of this rule might result in: 1) The
postponement of the pre-trial or hearing, which would thus entail delay in the early disposition
of the case, 2) The judge may consider the client non- suited or in default or 3) The judge may
consider the case deemed submitted for decision without clients evidence, to his prejudice.
(Agpalo)II. Rule 12.02. A lawyer shall not file multiple actions arising from the same cause
The plaintiff or principal party shall certify under oath in the complaining or other initiatory
pleading asserting a claim for relief, or in a sworn certification annexed thereto and
simultaneously filed therewith: a) that he has not theretofore commenced any action or filed
any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the
best of his knowledge, no such other action or claim is pending therein; b) if there is such other
pending action or claim, a complete statement of the present status thereof; and c) if he
should thereafter learn that the same or similar action or claim has been filed or is pending, he
shall report
Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and
efficient administration of justice.
Rule 12.01. A lawyer shall not appear for trial unless he has adequately prepared himself on the
law and the facts of his case, the evidence he will adduce and the order of its proferrence. He
should also be ready with the original documents for comparison with the copies.
Rule 12.02. A lawyer shall not file multiple actions arising from the same cause.
Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda
or briefs, let the period lapse without submitting to the same or offering an explanation for his
failure to do so.
Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or
misuse court processes.
Rule 12.05 A lawyer shall refrain from talking to his witness during the break or recess in thetrial, while the witness is still under examination.
Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to
impersonate another.
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LEGAL ETHICS
that fact within 5 days therefrom to the court wherein his aforesaid complaint or initiatory
pleading has been filed. Failure to comply with the foregoing requirements shall not be curable
by mere amendment of the complaint or other initiatory pleading but shall cause for the
dismissal of the case without prejudice, unless otherwise provided, upon motion after hearing.The submission of false certification or non-compliance with any of the undertaking therein
shall constitute indirect contempt of court, without prejudice to the corresponding
administrative and criminal actions. If the acts of the party or his counsel clearly constitute
willful and deliberate forum shopping, the same shall be ground for summary dismissal with
prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.
(ROC, Rule 7, Sec. 5)
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Rule 12.02 stresses the affirmative duty of a lawyer to check against useless litigations. His
signature in every pleading constitutes a certificate by him that to the best of his knowledge
there is a good ground to support it and that it is not to interpose for delay. The willful violation
of this rule may subject him to (1) appropriate disciplinary action or (2) render him liable for the
costs of litigation. (Agpalo)
Forum shopping is prohibited by Supreme Court Circular No. 28-91 --ANNEXED, which is nowintegrated in the Rules of Civil Procedure.
III. Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without submitting to the same or offering an
explanation for his failure to do so.
Where a lawyers motion for extension of time to file a pleading, memorandum or brief has
remained unacted by the court, the least that is expected of him is to file it within the period
asked for (Agpalo)
IV. Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or
misuse court processes.
Notes from Agpalo
o While a client may withhold from his counsel certain facts or give him false information to
attain his unlawful ends, a lawyer can easily see through the clients action either before or at
the early stage of the litigation
o If after his appearance a lawyer discovers that his client has no case, he may not
unceremoniously abandon the action. He should advise his client to discontinue the action or to
confess judgment, and if the client is determined to pursue it he should ask that he be relieved
from professional responsibility
o If a lawyer is honestly convinced of the futility of an appeal in a civil suit he should not
hesitate to temper his clients desire to seek appellate review of such decision for unless, he
could show sufficient cause for reversal, he would only succeed in planting false hope in his
clients mind, increasing theburden on appellate tribunals, prolonging litigation unnecessarilyand exposing his client to useless expenses.
o Nonetheless a lawyer should not, solely on his own judgment, let the decision become final
by letting the period to appeal lapse, without informing his client of the adverse decision and of
his candid advice in taking appellate review thereof, well within the period to appeal, so that
the client may decide whether to pursue appellate review.
In expropriation proceedings by the NAPOCOR against several lot owners in Bulacan, the
president of an organization of the lot owners entered into a contract for legal services with
Atty. Principe. The complainant Malonso, a member of the same organization, appointed on
the other hand a certain Elfa as his attorney-in-fact on the matter of negotiation with NPC.
Eventually, an amicable settlement was had between NAPOCOR and the lot owners. More thantwo years after the expropriation cases were instituted, Atty. Principe filed his motion to
separate legal fees and filed his Notice of Entry of Appearance claiming that he is the legal
counsel of the lot owners. The other lot owners including Malonso wrote a letter to NPC
informing the latter that they have never authorized Sandamas President to hire the services of
Atty. Principes law firm to represent them. Atty. Principe filed several motions to ensure his
claim to the 40% of the selling price of the properties being expropriated. An investigation
conducted by the IBP recommended Atty. Principes suspension from the practice of law for
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two years on the ground that Atty. Principe had violated among others Rule 12.04 which says
that a lawyer shall not unduly delay a case, impede the execution of a judgment or misuse
Court processes. In its Resolution, the IBP Board ordained his suspension from the practice of
law for 2 years. The SC however found that formal requisites of the investigation and resolution
had not been complied with and dismissed the case requiring the IBP to comply with the
procedure outlined in Rule 139-B in all cases involving disbarment and discipline of attorneys.(Malonzo v. Prinsipe, 447 SCRA 1 (2004))
VVII. Rule 12.05 A lawyer shall refrain from talking to his witness during the break or recess in
the trial, while the witness is still under examination.
Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to
impersonate another.
Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience
him.
1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 23 of 74
LEGAL ETHICS
Canon 13. A lawyer shall rely upon the merits of his cause and refrain from any impropriety
which tends to influence, or gives the appearance of influencing the court.
Rule 13.01. A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
Rule 13.02. A lawyer shall not make public statements in media regarding a pending case
tending to arouse public opinion for or against a party.
Rule 13.03. A lawyer shall not brook or invite interference by another branch or agency of the
government by another branch or agency of the government in normal course of judicial
proceedings.
Rule 132, sec.3. Rights and obligations of a witness. A witness must answer questions,
although his answer may tend to establish a claim against him. However, it is the right of awitness: o To be protected from irrelevant, improper, or insulting questions, and from harsh or
insulting demeanor; o Not to be detained longer than the interests of justice require; o Not to
be examined except only as to matters pertinent to the issue; o Not to give an answer which
will tend to subject him to a penalty for an offense unless otherwise provided by law; or o Not
to give an answer which will tend to degrade his reputation, unless it be to the very fact at issue
or to a fact from which the fact in issue would be presumed. But a witness must answer to the
fact of his previous conviction for an offense.
P.D. No. 1829 Penalizing the obstruction of apprehension and prosecution of criminal
offenders (1981)ANNEXED
Notes from Agpalo: Rule 12.05. The purpose of this rule is to avoid any suspicion that he is coaching the witness
what to say during the resumption of the examination Rule 12.06. A lawyer may interview
witnesses in advance of trial or attend to their needs if they are poor but he should avoid any
such action as may be misinterpreted as an attempt to influence the witness what to say in
court. Court will not give weight on a testimony of a witness who admits having been
instructed. A lawyer who presents a witness whom he knows will give a false testimony or is an
impersonator may be subjected to disciplinary action. Rule 12.07. The lawyer has a duty to
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always treat adverse witnesses and suitors with fairness and due consideration Rule 12.07.
The client cannot be made the keeper of the lawyers conscience in professional matters. He
has no right to demand that his counsel abuse the opposite party and the latters witnesses or
indulge in offensive personalities. Improper speech is not excusable on the ground that it is
what the client would say if speaking in his own behalf Rule 12.07. If it is the judge who
subjects the witness to harsh treatment, the lawyer has the right to protest in a respectful anddignified manner the action of the judge and to make the incident of record without being held
liable administratively or for contempt of court
VIII. RULE 12.08 A LAWYER SHALL AVOID TESTIFYING IN BEHALF OF HIS CLIENT; EXCEPT:
a. on formal matters, such as 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.
The underlying reason for the impropriety of a lawyer acting in such dual capacity lies in the
difference between the function of a witness and that of an advocate. The function of a witness
is to tell the facts as he recalls then in answer to questions. The function of an advocate is that
of a partisan. It is difficult to distinguish between the zeal of an advocate and the fairness and
impartiality of a disinterested witness (Agpalo)
Although the law does not forbid an attorney to be a witness and at the same time an
attorney in a cause, the courts prefer that counsel should not testify as witness unless it is
necessary and that they should withdraw from the active management of the case. Canon 19
of the Code of Legal Ethics provides that when a lawyer is a witness for his client, except as to
merely formal matters. Such as the attestation or custody of an instrument and the like, he
should leave the trial of the case to other counsel. Except when essential to the ends of justice,
a lawyer should avoid testifying in court in behalf of his client. (PNB v. Uy Teng Piao, 57 PHIL
337 (1932))
CANON 13: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 13: o No Extraordinary Attention (Rule 13.01) o NoPublic Statements to Media (Rule 13.02) o Not to Invite Outside Interference (Rule 13.03)
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Grievances must be ventilated through proper channels (appropriate petitions, motions or
other pleadings) in keeping with the respect due to the Courts as impartial administrators of
justice entitled to proceed to the disposition of its business in an orderly manner, free from
outside interference obstructive of its functions and tending to embarrass the administration of
1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 24 of 74
LEGAL ETHICS
justice. For though the rights of free speech and of assembly are constitutionally protected, anattempt to pressure or influence courts of justice is no longer within the ambit of constitutional
protection. (Nestle Phil. v. Sanchez, 154 SCRA 542 (1987))19
Freedom of speech is not absolute, and must be balanced with the requirements of equally
important public interests, such as the maintenance of the integrity of the courts and orderly
functioning of the administration of justice. Unwarranted attacks on the dignity of the courts
cannot be disguised as free speech, for the exercise of said right cannot be used to impair the
independence and efficiency of courts or public respect and confidence thereof. His
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statements are not fair criticisms of any decision of the Court, but are threats made against it to
force the Court to decide the issue in a particular manner, or risk earning the ire of the public. It
tends to promote distrust an undermines public confidence in the judiciary, by creating the
impression that the Court cannot be trusted to resolve cases impartially, uninfluenced by public
clamor and other extraneous influences. (In Re: De Vera, 385 SCRA 285 (2003))20
I. Rule 13.01. A lawyer shall not extend extraordinary attention or hospitality to, nor seekopportunity for cultivating familiarity with Judges.
Notes from Agpalo o The common practice ofsome lawyers making judges and prosecutors
godfathers of their children to enhance their influence and their law practice should be avoided
by judges and lawyers alike o A lawyer should not see a judge in chamber and talk to him about
a case he is handling and pending in the judges court o A lawyer should not communicate to
the judge the merits of a pending case
II. Rule 13.02. A lawyer shall not make public statements in media regarding a pending case
tending to arouse public opinion for or against a party.
Notes from Agpalo: 19 FACTS: Two unions with pending cases before
the SC had intermittent pickets in front of the Padre Faura gate of the SC building, obstructing
access to and egress from the Courts premises. They also constructed provisional shelters, set
up a kitchen, littered the area causing it to be unhygienic and unsanitized, waved their red
streamers and placards with slogans, and harangued the court with the use of loudspeakers.
Two justices called the leaders of the unions and their counsel to inform them that the pickets
constitute direct contempt of court, and that their petitions could not be heard until the pickets
stop. Arty Espinas, the counsel for the unions, apologized and assured that the acts would not
be repeated. The SC dismissed the contempt charges against Atty. Espinas.
20 FACTS: Atty. De Vera made some remarks to the Philippine Daily Inquirer regarding a
pending case involving the constitutionality of the Plunder Law. In one statement, he asked
the SC to dispel rumors that it would vote in favor of a petition filed by Estradas lawyers to
declare the plunder law unconstitutional and that his group was greatly disturbed by therumors. In another statement, he said that a decision in favor of the laws unconstitutionality
would trigger mass actions and the people would not just swallow any SC decision that is
basically wrong. Atty. De Vera admitted to making the statements but that these were factually
accurate and that these are within his right to freedom of speech.
o Purpose: Newspaper publications regarding a pending or anticipated litigation may interfere
with a fair trial, prejudice the administration of justice, or subject a respondent or a accused to
a trial by publicity and create a public inference of guilt against him o The court, in a pending
litigation, must be shielded from embarrassment or influence in its all important duty of
deciding the case. Thus, what a lawyer can ordinarily say against a concluded litigation and the
manner the judge handed down the decision may not generally be said to a pending action. oOnce a litigation is concluded, the judge who decided it is subject to the same criticism as any
other public official because then, his ruling becomes public property and is thrown open to
public consumption. o A newspaper publication tending to impede, obstruct, embarrass or
influence the courts in administering justice in a pending case constitutes criminal contempt,
but the rule is otherwise after the litigation is ended.
Televising a court trial would amount to a violation of due process. A carnival atmosphere
would be created. Jurisprudence also states that there is nothing that proscribes the press
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from reporting events that transpire in the courtroom. But there is a reasonable likelihood that
the prejudicial news prior to trial will prevent a fair trial. If publicity during the proceeding
threatens the fairness of the trial, a new trial shall be ordered. HOWEVER, THE CASE AT BAR IS
DIFFERENT. The publicity in this case did not focus on the guilt of the petitioners but rather on
the responsibility of the government for what was claimed to be a massacre of Muslim
trainees. If there was a trial by newspaper it was not of the petitioner but of the government.There is no showing that the courts martial failed to protect the accused from massive publicity.
Protection would include: controlling the release of information; change the venue or postpone
trial until the deluge of prejudicial publicity has subsided. Even granting that there is massive
and prejudicial publicity, the petitioners do not contend that the respondents have been unduly
influenced but simply that they might be. (Martelino v. Alejandro (1989))
III. Rule 13.03. A lawyer shall not brook or invite interference by another branch or agency of
the government by another branch or agency of the government in normal course of judicial
proceedings
Rule 11.05. A lawyer shall submit grievances against a Judge to the proper authorities only.
The basis for this rule is the principle of separation of powers (Aguirre)
1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 25 of 74
LEGAL ETHICS
Canon 14. A lawyer shall not refuse his services to the needy.
Rule 14.01. A lawyer shall not decline to represent a person solely on account of the latters
race, sex, creed or status of life, or because of his own opinion regarding the guilt of said
person.
Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause, an appointment
as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the Philippines or
any of its chapters for rendition of free legal aid.
Rule 14.03. A lawyer may refuse to accept representation of an indigent client if: a. he is not ina position to carry out the work effectively or competently; b. he labors under a conflict of
interests between him and the prospective client or between a present client and the
prospective client.
Rule 14.04. A lawyer who accepts the cause of a person unable to pay his professional fees shall
observe the same standard of conduct governing his relations with paying clients.
D. The Lawyer and the Client
MEMORY AID FOR CANONS UNDER THIS SECTION: 1. Service to the Needy (Canon 14) 2.
Observe Candor, Fairness, Loyalty (Canon 15) 3. Hold in Trust Clients Moneys and Properties
(Canon 16) 4. Trust and Confidence (Canon 17) 5. Competence and Diligence (Canon 18) 6.
Representation with Zeal (Canon 19) 7. Attorneys Fees (Canon 20) 8. Preserve ClientsConfidence (Canon 21) 9. Withdrawal of Services for Good Cause (Canon 22)
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The nature of lawyer-client relationship is premised on the Roman Law concepts of 1.
location conduction operarum (contract of lease and services) where one person lends his
services and another hires them without reference to the object of which the services are to be
performed, wherein lawyers services may be compensated by honorarium 2. mandato
(contract of agency) wherein a friend on whom reliance could be placed makes a contract in his
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name, but gives up all that he gained by the contract to the person who requested him. (Regala
v. Sandiganbayan)
Notes from Agpalo: o The relationship is strictly personal and highly confidential and fiduciary
(something in trust for another). Thus, delegation is prohibited absent the clients consent. It
likewise terminates at death of either the client or the attorney. o A client can terminate it any
time with or without the consent of the lawyer. However, an attorney enjoys no similar right ashe is an officer of the court and he may be permitted to withdraw only with the consent of his
client or with the approval of the court. The essential feature of the relation of attorney and
client is the fact of employment. While a written agreement for professional services is the best
evidence to show the relation, formality is not an essential element of the employment of a
lawyer o It is sufficient, to establish the professional relation, that the advice and assistance of
an attorney is sought and received in any matter pertinent to his profession o There is an
implied contract of professional employment where an attorney appears on behalf of a party
without the latter interposing any objection thereto o To employ an attorney one has to have
legal capacity to do so. Minors/ incompetents must have a general guardian/ guardian ad litem
has to employ an attorney. o A lawyer has no power to act as counsel or legal representative
for a person without being retained nor may he appear for a party in a case without being
employed
unless by leave of court
Retainer, defined: (1) an act of client by which he engages services of an attorney to render
legal advice, defend or prosecute his cause in court; (2) fee which a client pays to an attorney
when latter is retained (retaining fee)
o General retainer, defined: secure beforehand services of attorney for any legal problem that
may afterward arise
o Special retainer, defined: particular case or service
o Retaining fee, defined: preliminary fee paid to insure and secure future services, to
remunerate him for being deprived, by being retained by one party. It prevents undue hardshipresulting from the rigid observance of the rule forbidding him from acting as counsel for other
party (Agpalo)
Employment of a law firm: The employment of a law firm is equivalent to the retainer of a
member thereof even though only one of them is consulted
CANON 14: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 14: o Availability of Services Regardless of Status (Rule
14.01) o Providing Counsel de Oficio (Rule 14.02)
1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 26 of 74
LEGAL ETHICSo Valid Ground for Refusal (Rule 14.03) o Same Standard of Conduct for All Clients (Rule 14.04)
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General rule: A private practitioner is not obligedto act as counsel for a person who may wish
to become his client. He has the right to decline employment.
Exceptions: Canon 14 provide the exceptions to the general rule and emphasize the lawyers
public responsibility of rendering legal services to the needy and the oppressed who are unable
to pay attorneys fees. In such cases, refusal is the exception rather than the rule.
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R.A. 6033. An act requiring courts to give preference to criminal cases where the party or
parties involved are indigents (1969)ANNEXED
R.A. 6034. An act providing transportation and other allowances for indigent litigants.
(1969)ANNEXED
RA 6035. An act requiring stenographers to give free transcript of notes to indigent and low
income litigants and providing a penalty for the violation thereof. (1969)ANNEXEDI. Rule 14.01. A lawyer shall not decline to represent a person solely on account of the latters
race, sex, creed or status of life, or because of his own opinion regarding the guilt of said
person.
Rule 138, sec. 20 (h-i). Duties of attorneys.It is the duty of an attorney: (h) Never to reject,
for any consideration personal to himself, the cause of the defenseless or oppressed. (i) 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
Rule 14.01 makes it his duty not to declineto represent the accused regardless of his opinion
as to his guilt. Note that in criminal cases, it is easy to take accused because of presumption of
innocence and proof beyond reasonable doubt.
It is the lawyers duty 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 law. He is
not to encourage the commencement or the continuance of an action or delay any mans
cause, for any corrupt motive or interest. He must decline to conduct a civil case or to make a
defense when convinced that it is intended merely to harass or injure the opposite party or to
work oppression or wrong. If he were to take a bad civil case for a plaintiff, it will only be to
advise him not to file the action or to settle it with the claimant. If he were to accept the
defense of a bad civil case against a defendant, it will either be to exert his best effort toward a
compromise or, to tell his client to confess judgment. In criminal cases: easy to take accused
becauseof presumption of innocence and proof beyond reasonable doubt. (Agpalo)
Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or
the oppressed.
II. Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the
Philippines or any of its chapters for rendition of free legal aid.
Rule 138 sec. 20 (h), Duties of attorneys.It is the duty of an attorney: (h) Never to reject, for
any consideration personal to himself, the cause of the defenseless or oppressed;
Rule 138, sec. 31 Attorneys for destitute litigants.A court may assign an attorney to render
professional aid free of charge to any party in a case, if upon investigation it appears that theparty is destitute and unable to employ an attorney, and that the services of counsel are
necessary to secure the ends of justice and to protect the rights of the party. It shall be the
duty of the attorney so assigned to render the required service, unless he is excused therefrom
by the court for sufficient cause shown.
Rule 116, sec. 6. Duty of court to inform accused of his right to counsel.Before arraignment,
the court shall inform the accused of his right to counsel and ask him if he desires to have one.
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Unless the accused is allowed to defend himself in person or has employed counsel of his
choice, the court must assign a counsel de oficio to defend him.
Rule 116, sec. 7. Appointment of counsel de oficioThe court shall appoint a counsel de
oficio to defend a client, considering [1] the gravity of the offense, [2] the difficulty of the
questions that may arise, [3] and the experience and ability of the appointee. The counsel must
be [1] a member of the bar in good standing [2] or, in localities without lawyers, any person ofgood repute for probity and ability
Rule 116, sec. 8. Time for counsel de oficio to prepare for arraignment. Whenever a
counsel de oficio is appointed by the court to defend the accused at the arraignment, he shall
be given a reasonable time to consult with the accused as to his plea before proceeding with
the arraignment.
Rule 124 (Case on Appeal in the CA), sec. 2. Appointment of counsel de oficio for the
accused.If it appears from the record of the case transmitted that [1] the accused is confined
in prison, [2] is without counsel de parte on appeal, or [3] has signed the notice of appeal