G.R. No.

118435 June 20, 1997 FULL TEXT

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, PANGANIBAN, J.:

vs.
MARIO SERZO, JR., accused-appellant. The right to counsel of an accused is guaranteed by our Constitution, our laws and
our Rules of Court. During custodial investigation, arraignment, trial and even on
DIGEST appeal, the accused is given the option to be represented by a counsel of his choice.
But when he neglects or refuses to exercise this option during arraignment and trial,
Facts: the court shall appoint one for him. While the right to be represented by counsel is
1. Appellant Mario Serzo was convicted of murder by the lower court for the absolute, the accused's option to hire one of his own choice is limited. Such option
stabbing/killing of Alfredo Casabal after the latter rescued minors being held by the cannot be used to sanction reprehensible dilatory tactics, to trifle with the Rules or to
former. prejudice the equally important rights of the state and the offended party to speedy
2. Pre-trial was waived and the case proceeded to trial on the merits. and adequate justice.
3. The accused alleged that he was denied the right to counsel. During the arraignment
he appeared without counsel,so the court appointed a counsel de officio. Thereafter, This will be amplified in this appeal seeking the reversal of the August 23, 1994
he moved that the arraignment be reset so he can engage the services of his own Decision of the Regional Trial Court of Antipolo, Rizal, Branch 72, 1 in Criminal Case
counsel however, during the arraignment, he still appeared without one. The No. 90-5997 convicting Appellant Mario Serzo, Jr. of murder under Article 248 of the
arraignment proceeded with him being assisted by the counsel de officio. Revised Penal Code.
4. During the trial, the same counsel appeared and cross-examined for the accused.
Appellant was charged with murder in an Information dated September 4, 1990 filed
Issue: Whether or not the accused was denied of his right to counsel by Rizal Assistant Provincial Prosecutor Filipinas Z. Aguilar-Ata, worded as follows: 2
HELD: NO. Herein, the accused was provided with a counsel de officio who assisted
him in all stages of the proceedings.The option to hire ones counsel cannot be used to That on or about the 22nd day of August, 1990, in the Municipality
sanction reprehensible dilatory tactics, trifle with the Rules or prejudice the equally of Antipolo, Province of Rizal, Philippines, and within the jurisdiction
important right of the State and the offended party to speedy and adequate justice. of this Honorable Court, the above-named accused, armed with
bladed weapon, with intent to kill, with treachery, did then and there
The right to counsel is guaranteed by the Constitution to minimize the imbalance in the willfully, unlawfully and feloniously attack, assault and stab one
adversarial system where an accused is pitted against the awesome prosecution Alfredo Alcantara y Casabal at the back, thereby inflicting upon him
machinery of the state. It is also a recognition of the accused not having the skill to stab wounds which directly caused his death.
protect himself before a tribunal which has the power to take his life or liberty.
Thereafter, pre-trial was waived and the case proceeded to trial on the merits. After
The right covers the period from custodial investigation until judgment is rendered, even arraignment and trial, appellant was found guilty as charged and sentenced thus: 3
on appeal. RA 7438 provides that any person arrested or detained or under custodial
investigation shall at all times be assisted by counsel. WHEREFORE, on the basis of the foregoing, the Court finds
The right is however not absolute and is waivable; a) the state must balance the private accused GUILTY BEYOND REASONABLE DOUBT of having
against the state's and offended party's equally important rightto speedy and adequate committed the crime of MURDER and as prescribed under Article
justice, and b) the right is waivable as long as the waiver is unequivocal, knowing, and 248 of the Revised Penal Code, hereby sentences accused to
intelligently made. suffer the penalty of reclusion perpetua and to indemnify the
victim's wife in the amount of FIFTY THOUSAND PESOS
(P50,000.00) as actual damages and TWENTY FIVE THOUSAND
PESOS (P25,000.00) as moral damages and costs.

The Antecedents

Summarizing the testimonies of Adelaida Alcantara (the victim's widow), Medico-

Legal Officer Dario L. Gajardo and Epifania Andrade, the trial court found the
following facts: 4
 Alfredo Alcantara Y Casabal never knew that death was just around On June 17, 1991, trial was again cancelled as appellant appeared without
the corner inevitably meeting his way. That fateful night of August counsel. 8 On August 13, 1991, the prosecution rested its case. 9
22, 1990, Alfredo together with his wife Adelaida Alcantara were
(sic) staying inside their house comfortably watching television On November 4 and 11, 1991, presentation of evidence for the defense was reset as
when at around 11:30 in the evening, Susana Serzo, mother of the appellant was not ready to testify 10 and he manifested his intention to secure the
accused, and one Epifania Bentilacion came knocking at their services of a counsel de parte. 11 On March 3, 1992, Atty. Lina-ac was relieved as
doorsteps and pleading for help to bring out her grandchildren who counsel de oficio in view of appellant's manifestation and refusal to cooperate with
were being held inside their house by her son, the accused in this said counsel. 12 On April 6, 1992 appellant appeared without counsel, forcing the trial
case. Unhesitatingly, the couple heeded their call and went with court to appoint another counsel de oficio, Bella Antonano. Counsels for both parties
them at (sic) their house, located just across the private agreed to reset the trial, but appellant refused to sign the minutes of the
complainant's residence. The spouses were able to rescue the proceedings. 13
grandchildren and to bring them to a safer place. When returning to
their house, Alfredo Alcantara who was walking just armslength
ahead of his wife, was attacked by accused Mario Serzo from On April 27, 1992, 14 over vehement objection from the prosecution, hearing was
behind. Accused stabbed Alfredo at his back forcing the latter to reset for the last time as appellant was still looking for a counsel de parte. 15 On
scamper for his dear life. However, accused was able to overpower August 25, 1992, appellant appeared without counsel; thus, the trial court appointed
him thereby causing his fall in the canal where he was repeatedly Atty. Bonifacia Garcia of the Public Attorney's Office (PAO) as appellant's counsel de
stabbed by the accused. Adelaida Alcantara shouted for help but oficio. Again, trial was postponed. 16 On September 1 and October 19, 1992, trial was
was likewise attacked by the accused as she was only half-meter postponed on motion of Atty. Garcia. 17 Appellant again refused to sign the minutes of
away from her husband. However, Adelaida fortunately was able to the proceedings for both trial dates. On November 5, 1992, appellant refused to
hold the hand of the knifewielder and persistently fought the cooperate with Atty. Garcia by declining to take the witness stand, forcing the defense
accused. (p. 05 TSN June 3, 1991) At that moment, the commotion to rest its case. 18 Both parties were ordered to submit their respective memoranda in
had already caught the attention of the residents within the vicinity ten days, after which the case would be submitted for decision. Atty. Garcia was
who responded to help her thereby causing the accused to flee. further ordered to manifest within the same period whether appellant would change
The victim Alfredo Alcantara, who remained lying and motionless in his mind and cooperate with her. No memorandum or manifestation was ever filed by
the canal, was rushed to the hospital where he was confirmed appellant.
dead. (p. 06 TSN June 3, 1991) The Medico-legal Officer, Dr. Dario
Gajardo, testified in Court that the victim sustained three (3) stab Appellant wrote Judge Angeles three times within the period beginning December 16,
wounds, two at the back and one in his chest, which 1992 until April 2, 1993, seeking legal advice and the early resolution of the case.
instantaneously caused the victim's death. (p. 04 TSN May 13, Branch Clerk of Court Melchisedek A. Guan replied to him twice, informing him that
1991) Judge Angeles was prohibited by law from giving legal advice to litigants in cases
pending in his court and that a decision was forthcoming. On July 13, 1994, appellant
In view of appellant's allegation that he was denied his right to counsel, a narration of wrote Deputy Court Administrator Reynaldo L. Suarez, asking for the early resolution
the proceedings before the trial court is now in order. Arraignment was set by the trial of his case. 19 The latter referred said letter to Judge Angeles for appropriate action.
court on January 8, 1991, during which appellant appeared without counsel.
Consequently, the trial court appointed Atty. Wilfredo Lina-ac as counsel de oficio for Thereafter, the assailed Decision convicting appellant of murder was promulgated on
the arraignment only. Appellant, however, moved that the arraignment be reset and August 23, 1994.
that he be given time to engage a counsel of his own choice, which the trial court
granted. 5 Ruling of the Trial Court

On February 11, 1991, appellant appeared without a counsel de parte. He was In its Decision, the trial court noted that appellant simply refused to secure the
nonetheless arraigned with the assistance of Counsel de oficio Wilfredo Lina-ac. 6 He services of a counsel de parte and to present evidence in his defense despite ample
pleaded "not guilty." Pre-trial was waived and trial was set on April 22, May 6 and 13, opportunity accorded to him. Said the trial court:
1991 for the reception of the prosecution evidence and June 3 and 17, 1991 for the
defense.
The defense particularly the accused assisted by counsel however
refused to present any evidence despite several opportunities
The hearings scheduled on April 22, 1991 and May 6, 1991 were cancelled on motion afforded by the Court. As early as the arraignment stage, accused
of Public Prosecutor Robert H. Tobia. 7 On both dates, appellant appeared with Atty. refused to be assisted by a counsel de oficio from the Public
Lina-ac. On May 13 and June 3, 1991, trial proceeded with the testimonies of Attorney's Office (PAO) insisting that he be assisted by a counsel of
prosecution witnesses. On behalf of appellant, Atty. Lina-ac cross-examined the said his own choice. For several settings, accused and her (sic) mother
witnesses.
 were allowed to secure the services of a counsel de parte. fact, the scant five-page Appellant's Brief was dedicated entirely to this argument
However, they failed to present one. Hence, the Court, to avoid without contesting the facts found by the trial court.
further delay in the proceedings of the case, was constrained to
assign a counsel de oficio from the PAO. The Court's Ruling

During the presentation of evidence for the defense, accused and The right of an accused to counsel is guaranteed by the Constitution, the supreme
counsel could not present any witness as accused refused to law of the land. This right is granted to minimize the imbalance in the adversarial
cooperate and to testify in Court. Hence, the defense waived its system where the accused is pitted against the awesome prosecutory machinery of
right to present any evidence. the state. In the words of Justice Black, 23 this is a "recognition . . . that an average
(accused) does not have the professional skill to protect himself . . . before a tribunal
Considering that this case has been dragging for several years with power to take his life or liberty, wherein
already . . . the court . . . afforded the defense another opportunity the (prosecutor) is . . . an experienced and learned counsel." In Powell
to present its case by submitting its memorandum simultaneously vs. Alabama, 24 Mr. Justice Sutherland wrote at greater length on why an accused
with the Prosecution. Thereafter, the case was submitted for needs a competent counsel:
decision. 20
Even the intelligent and educated layman has small and sometimes
Consequently, the trial court convicted appellant on the basis of the evidence no skill in the science of law. If charged with crime, he is incapable,
presented by the prosecution. Appellant was positively identified as the assailant by generally, of determining for himself whether the indictment is good
the widow, Adelaida Alcantara, who survived his attack. In her distinct and vivid or bad. He is unfamiliar with the rules of evidence. Left without the
narration of the sequence of events leading to the murder, she showed that the attack aid of counsel he may be put on trial without a proper charge, and
was treacherous as the victim was stabbed at the back and without warning. convicted upon incompetent evidence, or evidence irrelevant to the
issue or otherwise inadmissible. He lacks both the skill and
Not satisfied with the trial court's Decision, appellant through Counsel Carmelo L. knowledge adequately to prepare his defense, even though he has
Arcilla 21 appealed to this Court. a perfect one. He requires the guiding hand of counsel at every
step in the proceedings against him. Without it, though he be not
guilty, he faces the danger of conviction because he does not know
Assignment of Errors how to establish his innocence.

In his Brief filed by Atty. Arcilla, appellant questions his conviction for murder based The right covers the period beginning from custodial investigation, well into the
on the following alleged errors on the part of the trial court: 22 rendition of judgment, 25 and even on appeal. Article III of the 1987 Constitution
provides this right to an accused not only during trial but even before an information is
I filed. It provides:

The lower court erred in not giving the defendant-appellant time to Sec. 12. (1) Any person under investigation for the commission of
engage counsel of his own choice. an offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably
II of his own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
The lower court erred in not affording the defendant-appellant the
chance to present evidence for his defense.
Sec. 14 (1) No person shall be held to answer for a criminal offense
without due process of law.
III
(2) In all criminal prosecutions, the accused shall be presumed
The lower court erred in not acquitting the defendant-appellant. innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, . . .
Mainly, appellant alleges that he had been denied effective legal representation. His
thesis is that the trial court did not give him enough time to engage a counsel de With these precepts as springboard, the Rules of Court grants an accused the right to
parte, effectively depriving him of the chance to present evidence in his defense. In counsel under the following provisions, viz.:
 RULE 112 Sec. 6. Duty of court to inform accused of his right to counsel. —
Before arraignment, the court shall inform the accused of his right
PRELIMINARY INVESTIGATION to counsel and shall ask him if he desires to have one. Unless the
accused is allowed to defend himself in person, or he has
employed counsel of his choice, the court must assign a counsel de
xxx xxx xxx oficio to defend him.

Sec. 7. When accused lawfully arrested without warrant. — . . . Sec. 7. Appointment of counsel de oficio. — The court, considering
the gravity of the offense and the difficulty of the questions that may
However, before the filing of such complaint or information, the arise, shall appoint as counsel de oficio only such members of the
person arrested may ask for a preliminary investigation by a proper bar in good standing who, by reason of their experience and ability
officer in accordance with this Rule, but he must sign a waiver of may adequately defend the accused. But in localities where such
the provisions of Article 125 of the Revised Penal Code, as members of the bar are not available, the court may appoint any
amended, with the assistance of a lawyer and in case of non- person, resident of the province and of good repute for probity and
availability of a lawyer, a responsible person of his choice. . . . . ability, to defend the accused.

xxx xxx xxx Even on appeal, the accused is still afforded the right to counsel under Rule 122: 26

RULE 113 Sec. 13. Appointment of counsel de oficio for accused on appeal.
— It shall be the duty of the clerk of the trial court upon the
ARREST presentation of a notice of appeal in a criminal case, to ascertain
from the appellant, if he be confined in prison, whether he desires
the Court of Appeals or the Supreme Court to appoint a counsel to
Sec. 14. Right of attorney or relative to visit person arrested. — Any defend him de oficio and to transmit with the record, upon a form to
member of the bar shall, at the request of the person arrested or of be prepared by the clerk of the appellate court, a certificate of
another acting in his behalf, have the right to visit and confer compliance with this duty and of the response of the appellant to
privately with such person, in the jail or any other place of custody his inquiry.
at any hour of the day or, in urgent cases, of the night. This right
shall also be exercised by any relative of the person arrested
subject to reasonable regulation. The foregoing is buttressed by another provision in Rule 124:

Rule 115 Sec. 2. Appointment of counsel de oficio for the accused. — If it

appears from the record of the case as transmitted: (a) that the
accused is confined in prison, (b) without counsel de parte on
RIGHTS OF ACCUSED appeal, and (c) signed the notice of appeal himself, then the clerk
of the Court of Appeals shall designate a member of the bar to
Sec. 1. Rights of accused at the trial.— In all criminal prosecutions, defend him, such designation to be made by rotation, unless
the accused shall be entitled: otherwise directed by order of the court.

xxx xxx xxx An accused-appellant not confined in prison shall not be entitled to
a counsel de oficio, unless the appointment of such counsel is
requested in the appellate court within ten (10) days from receipt of
(c) To be present and defend in person and by counsel at every
the notice to file brief and the right thereto is established by
stage of the proceedings, from the arraignment to the promulgation
affidavit.
of the judgment. . . . .

Recently, Republic Act No. 7438 was enacted providing, inter alia, that any person
xxx xxx xxx
arrested, detained or under custodial investigation shall at all times be assisted by
counsel.
Rule 116 of the Rules of Court makes it compulsory that the trial court inform the
accused of his right to counsel prior to arraignment, thus:
A deprivation of the right to counsel divests the accused of an equality in arms show that utmost efforts were exerted by said counsel to defend the
resulting in the denial of a level playing field, so to speak. In a previous case, this life and liberty of the accused. The duty of the court is not ended
Court held that an accused was deprived of his right to counsel when he retained the with such appointment, however, as it should also see to it that the
services of a person who misrepresented himself as a lawyer. 27 In People counsel does his duty by the defendant. Counsel de oficio should
vs. Malunsing, 28 retrial was ordered on the ground that petitioner was denied his not merely make the motions of defending the accused but exert
constitutional right to counsel. Very old and unlettered, he was shown not to have his utmost efforts as if he were representing a paying client.
understood what was going on during the trial. In said case, although the lawyer of his
co-accused was appointed as his counsel, petitioner was not properly apprised by The Solicitor General, in his eleven-page Brief, 36 rebuts this, arguing that appellant's
said court of his right to be assisted by counsel. No evidence was presented for and actions during the trial showed instead a "lackadaisical stance on his own defense."
on his behalf and the trial court did not even bother to inquire why he did not take the
witness stand when all the other defendants were presented as witnesses.
Appellant had been given ample time to secure the services of a counsel de parte,
but his subsequent appearances in court without such counsel and his act of allowing
This is the legal backdrop against which appellant's allegation of deprivation of his this situation to continue until the presentation of his evidence betrays his lack of
right to counsel shall be measured. intention to do so. It even appears that he was merely delaying his own presentation
of evidence on purpose to the prejudice of the offended party, the trial court and the
Right to Counsel De Parte Is Not Absolute orderly administration of justice.

Accordingly, an accused may exercise his right to counsel by electing to be Furthermore, appellant did not demonstrate in what way the services of his
represented either by a court-appointed lawyer or by one of his own choice. While his counsels de oficio were unsatisfactory. He did not cite any instance substantiating his
right to be represented by counsel is immutable, his option to secure the services of claim that he was not effectively represented. In short, he was afforded a chance to
counsel de parte, however, is not absolute. The court is obliged to balance the be heard by counsel of his own choice, but by his own neglect or mischief, he
privilege to retain a counsel of choice against the states's and the offended party's effectively waived such right. It taxes the mind to think that, almost two years 37 since
equally important right to speedy and adequate justice. Thus, the court may restrict appellant first invoked his right to be represented by counsel de parte, he still could
the accused's option to retain a counsel de parte if the accused insists on an attorney not find one who would suit his needs and desires. Neither did he cooperate with his
he cannot afford, or the chosen counsel is not a member of the bar, or the attorney court-named lawyers.
declines to represent the accused for a valid reason, e.g. conflict of interest and the
like. 29 The facts of this case do not constitute a deprivation of appellant's constitutional right
to counsel because he was adequately represented by three court-appointed lawyers:
Also, the right to counsel de parte is, like other personal rights, Atty. Lina-ac, Atty. Antonano and Atty. Garcia. Courts are not required to await
waivable 30 so long as (1) the waiver is not contrary to law, public order, public policy, indefinitely the pleasure and convenience of the accused as they are also mandated
morals or good customs; or prejudicial to a third person with a right recognized by to promote the speedy and orderly administration of justice. Nor should they
law 31 and (2) the waiver is unequivocally, knowingly and intelligently made. 32 countenance such an obvious trifling with the rules. Indeed, public policy requires that
the trial continue as scheduled, considering that appellant was adequately
In Sayson vs. People, 33 this Court held that the duty of the court to appoint a represented by counsels who were not shown to be negligent, incompetent or
counsel de oficio is not mandatory where the accused has proceeded with the otherwise unable to represent him.
arraignment and the trial with a counsel of his choice but, when the time for the
presentation of the evidence for the defense was due, he appears by himself alone Crime and Punishment
because of the inexcusable absence of his counsel. In another case, this Court held
that the right to be heard and to reopen the case (and send it to trial anew) could not In spite of appellant's failure, either through negligence or unreasonable refusal, to
be allowed if doing so would sanction a plainly dilatory tactic and a reprehensible impute errors to the assailed Decision — other than the alleged violation of his right to
trifling with the orderly administration of justice. 34 counsel — this Court nonetheless scoured the records of the trial, perused the
transcripts of the testimony of the witnesses for the prosecution, evaluated the
In the present case, appellant claims that he was not given sufficient time to engage a evidence and examined the applicable laws and jurisprudence to determine the
counsel de parte, thereby preventing him from presenting evidence in his defense. In correctness of the trial court's Decision. We, however, find no cogent reason to
his Brief he adds, but without giving particulars or proof, that allegedly his counsels de reverse the conviction of appellant. In a case of murder or homicide, it is enough that
oficio did not exert their "utmost efforts" in representing him, thus: 35 the death of the victim and the responsibility of the person who caused such death
are proven 38 beyond reasonable doubt. Both elements were duly established by the
. . . (T)he lower court afforded the accused the assistance of prosecution witnesses. Dr. Gajardo testified to the fact of death while Widow Adelaida
counsel de oficio as early as the arraignment stage but failed to Alcantara positively identified the appellant as the assailant.
Based on the facts established by the prosecution which remain uncontested, the Q: You said you heard somebody approaching
Court affirms the trial court's appreciation of the qualifying circumstance of treachery. you at the back through the sound of his
To constitute treachery, two conditions must concur: (1) the employment of means of footsteps is that right?
execution that gives the person attacked no opportunity to defend himself or to
retaliate and (2) deliberate or conscious adoption of the means of execution. 39 The A: Yes, sir.
manner of the attack itself is proof enough of alevosia. Widow Adelaida vividly
described the stabbing as
follows: 40 xxx xxx xxx

Q: And you said a certain Suzana Serzo together Q: What happened next after you hear (sic) those
with one Epifania Bentilacion came to your house footsteps at your back?
and asked for help from you, is that right?
A: My husband was just beside me.
A: Yes, sir.
Q: And immediately your husband was stabbed
Q: And that you responded for help Mrs. witness? by the accused?

A: Yes, sir. A: Yes, sir.

Q: And you are together with your husband in From this testimony, it appears that appellant waited for the victim and his wife and
helping Suzana Serzo? pounced on them swiftly and without warning. The victim and his wife were already on
their way home after transferring appellant's children to a safe place. They were
unarmed as they had absolutely no idea that appellant would attack them right then
A: Yes, sir. and from behind. The manner of the attack tended directly and especially to insure
the execution of the crime without risk to appellant and virtually no chance for the
Q: What was the help she was asking Mrs. victim to defend himself. 41 Even Adelaida's life would have been mortally threatened
witness? were it not for the timely intervention of her neighbors.

xxx xxx xxx Damages and Indemnity

A: She was asking to help her children being held Actual and moral damages require the presentation of proof before they can be
by Mario Serzo by not letting them go out of the awarded by the trial court. 42 According to Adelaida, burial expenses in the amount of
house. P2,000.00 were incurred. 43 This is separate and distinct from civil indemnity awarded
under prevailing jurisprudence, which is granted without further proof beyond the fact
xxx xxx xxx of death and the accused's responsibility therefor. Moral damages were not discussed
at all in Adelaida's testimony. Hence, without any factual basis, the award of moral
damages is not justified.
Q: Were you able to help the grandchildren of
Suzana Serzo?
WHEREFORE, the assailed Decision is hereby AFFIRMED, but the award of moral
damages is DELETED. Instead, appellant is ORDERED TO PAY the amount of
A: Yes, sir. P50,000.00 as civil indemnity and actual damages of P2,000.00 as burial expenses.

Q: And after you help (sic) them what happened SO ORDERED.

next?

A: We brought them to where they could hide and

then we went home.
Lawyer's Oath therein, or in the highest court of any State or Territory of the United States, and who
can show by satisfactory certificates that they have practiced at least five years in any
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I of said courts, that such practice began before July 4, 1946, and that they have never
will support the Constitution and obey the laws as well as the legal orders of the duly been suspended or disbarred, may, in the discretion of the Court, be admitted without
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in examination.
court; I will not wittingly or willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man for money or malice, and Section 5. Additional requirements for other applicants. — All applicants for admission
will conduct myself as a lawyer according to the best of my knowledge and discretion, other than those referred to in the two preceding section shall, before being admitted
with all good fidelity as well to the courts as to my clients; and I impose upon myself to the examination, satisfactorily show that they have regularly studied law for four
these voluntary obligations without any mental reservation or purpose of evasion. So years, and successfully completed all prescribed courses, in a law school or university,
help me God. officially approved and recognized by the Secretary of Education. The affidavit of the
candidate, accompanied by a certificate from the university or school of law, shall be
RULE 138 filed as evidence of such facts, and further evidence may be required by the court.

Attorneys and Admission to Bar No applicant shall be admitted to the bar examinations unless he has satisfactorily
completed the following courses in a law school or university duly recognized by the
government: civil law, commercial law, remedial law, criminal law, public and private
Section 1. Who may practice law. — Any person heretofore duly admitted as a member international law, political law, labor and social legislation, medical jurisprudence,
of the bar, or hereafter admitted as such in accordance with the provisions of this rule, taxation and legal ethics.
and who is in good and regular standing, is entitled to practice law.
Section 6. Pre-Law. — No applicant for admission to the bar examination shall be
Section 2. Requirements for all applicants for admission to the bar. — Every applicant admitted unless he presents a certificate that he has satisfied the Secretary of
for admission as a member of the bar must be a citizen of the Philippines, at least Education that, before he began the study of law, he had pursued and satisfactorily
twenty-one years of age, of good moral character, and resident of the Philippines; and completed in an authorized and recognized university or college, requiring for
must produce before the Supreme Court satisfactory evidence of good moral character, admission thereto the completion of a four-year high school course, the course of study
and that no charges against him, involving moral turpitude, have been filed or are prescribed therein for a bachelor's degree in arts or sciences with any of the following
pending in any court in the Philippines. subjects as major or field of concentration: political science, logic, english, spanish,
history and economics.
Section 3. Requirements for lawyers who are citizens of the United States of America.
— Citizens of the United States of America who, before July 4, 1946, were duly licensed Section 7. Time for filing proof of qualifications. — All applicants for admission shall
members of the Philippine Bar, in active practice in the courts of the Philippines and in file with the clerk of the Supreme Court the evidence required by section 2 of this rule
good and regular standing as such may, upon satisfactory proof of those facts before at least fifteen (15) days before the beginning of the examination. If not embraced within
the Supreme Court, be allowed to continue such practice after taking the following oath section 3 and 4 of this rule they shall also file within the same period the affidavit and
of office: certificate required by section 5, and if embraced within sections 3 and 4 they shall
exhibit a license evidencing the fact of their admission to practice, satisfactory evidence
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the that the same has not been revoked, and certificates as to their professional standing.
practice of law in the Philippines, do solemnly swear that I recognize the Applicants shall also file at the same time their own affidavits as to their age, residence,
supreme authority of the Republic of the Philippines; I will support its and citizenship.
Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing Section 8. Notice of Applications. — Notice of applications for admission shall be
of any in court; I will not wittingly or willingly promote or sue any groundless, published by the clerk of the Supreme Court in newspapers published in Pilipino,
false or unlawful suit, nor give aid nor consent to the same; I will delay no man English and Spanish, for at least ten (10) days before the beginning of the examination.
for money or malice, and will conduct myself as a lawyer according to the best
of may knowledge and discretion with all good fidelity as well as to the courts
as to my clients; and I impose upon myself this voluntary obligation without Section 9. Examination; subjects. — Applicants, not otherwise provided for in sections
any mental reservation or purpose of evasion. So help me God. 3 and 4 of this rule, shall be subjected to examinations in the following subjects: Civil
Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public Officers); International Law
Section 4. Requirements for applicants from other jurisdictions. — Applicants for (Private and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure,
admission who, being Filipino citizens, are enrolled attorneys in good standing in the and Evidence); Legal Ethics and Practical Exercises (in Pleadings and Conveyancing).
Supreme Court of the United States or in any circuit court of appeals or district court
Section 10. Bar examination, by questions and answers, and in writing. — Persons committee shall file its report on the result of such examination. The examination
taking the examination shall not bring papers, books or notes into the examination papers and notes of the committee shall be filed with the clerk and may there be
rooms. The questions shall be the same for all examinees and a copy thereof, in English examined by the parties in interest, after the court has approved the report.
or Spanish, shall be given to each examinee. Examinees shall answer the questions
personally without help from anyone. Section 16. Failing candidates to take review course. — Candidates who have failed
the bar examinations for three times shall be disqualified from taking another
Upon verified application made by an examinee stating that his penmanship is so poor examination unless they show the satisfaction of the court that they have enrolled in
that it will be difficult to read his answers without much loss of time., the Supreme Court and passed regular fourth year review classes as well as attended a pre-bar review
may allow such examinee to use a typewriter in answering the questions. Only course in a recognized law school.
noiseless typewriters shall be allowed to be used.
The professors of the individual review subjects attended by the candidates under this
The committee of bar examiner shall take such precautions as are necessary to prevent rule shall certify under oath that the candidates have regularly attended classes and
the substitution of papers or commission of other frauds. Examinees shall not place passed the subjects under the same conditions as ordinary students and the ratings
their names on the examination papers. No oral examination shall be given. obtained by them in the particular subject.

Section 11. Annual examination. — Examinations for admission to the bar of the Section 17. Admission and oath of successful applicants. — An applicant who has
Philippines shall take place annually in the City of Manila. They shall be held in four passed the required examination, or has been otherwise found to be entitled to
days to be disignated by the chairman of the committee on bar examiners. The subjects admission to the bar, shall take and subscribe before the Supreme Court the
shall be distributed as follows: First day: Political and International Law (morning) and corresponding oath of office.
Labor and Social Legislation (afternoon); Second day: Civil Law (morning) and Taxation
(afternoon); Third day: Mercantile Law (morning) and Criminal Law (afternoon); Fourth Section 18. Certificate. — The supreme Court shall thereupon admit the applicant as
day: Remedial Law (morning) and legal Ethics and Practical Exercises (afternoon). a member of the bar for all the courts of the Philippines, and shall direct an order to be
entered to that effect upon its records, and that a certificate of such record be given to
Section 12. Committee of examiners. — Examinations shall be conducted by a him by the clerk of court, which certificate shall be his authority to practice.
committee of bar examiners to be appointed by the Supreme Court. This committee
shall be composed of a Justice of the Supreme Court, who shall act as chairman, and Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a roll of all
who shall be designated by the court to serve for one year, and eight members of the attorneys admitted to practice, which roll shall be signed by the person admitted when
bar of the Philippines, who shall hold office for a period of one year. The names of the he receives his certificate.
members of this committee shall be published in each volume of the official reports.
Section 20. Duties of attorneys. — It is the duty of an attorney:
Section 13. Disciplinary measures. — No candidate shall endeavor to influence any
member of the committee, and during examination the candidates shall not
communicate with each other nor shall they give or receive any assistance. The (a) To maintain allegiance to the Republic of the Philippines and to support
candidate who violates this provisions, or any other provision of this rule, shall be barred the Constitution and obey the laws of the Philippines.
from the examination, and the same to count as a failure against him, and further
disciplinary action, including permanent disqualification, may be taken in the discretion (b) To observe and maintain the respect due to the courts of justice and judicial
of the court. officers;

Section 14. Passing average. — In order that a candidate may be deemed to have (c) To counsel or maintain such actions or proceedings only as appear to him
passed his examinations successfully, he must have obtained a general average of 75 to be just, and such defenses only as he believes to be honestly debatable
per cent in all subjects, without falling below 50 per cent in any subjects. In determining under the law.
the average, the subjects in the examination shall be given the following relative
weights: Civil Law, 15 per cent; Labor and Social Legislation, 10 per cent; Mercantile (d) To employ, for the purpose of maintaining the causes confided to him, such
Law, 15 per cent; Criminal Law; 10 per cent: Political and International Law, 15 per means only as are consistent with truth and honor, and never seek to mislead
cent; Taxation, 10 per cent; Remedial Law, 20 per cent; Legal Ethics and Practical the judge or any judicial officer by an artifice or false statement of fact or law;
Exercises, 5 per cent.

(e) To maintain inviolate the confidence, and at every peril to himself, to

Section 15. Report of the committee; filing of examination papers. — Not later than preserve the secrets of his client, and to accept no compensation in
February 15th after the examination, or as soon thereafter as may be practicable, the
 connection with his client's business except from him or with his knowledge Section 25. Unlawful retention of client's funds; contempt. — When an attorney
and approval; unjustly retains in his hands money of his client after it has been demanded, he may
be punished for contempt as an officer of the Court who has misbehaved in his official
(f) To abstain from all offensive personality and to advance no fact prejudicial transactions; but proceedings under this section shall not be a bar to a criminal
to the honor or reputation of a party or witness, unless required by the justice prosecution.
of the cause with which he is charged;
Section 26. Change of attorneys. — An attorney may retire at any time from any action
(g) Not to encourage either the commencement or the continuance of an or special proceeding, by the written consent of his client filed in court. He may also
action or proceeding, or delay any man's cause, from any corrupt motive or retire at any time from an action or special proceeding, without the consent of his client,
interest; should the court, on notice to the client and attorney, and on hearing, determine that
he ought to be allowed to retire. In case of substitution, the name of the attorney newly
employed shall be entered on the docket of the court in place of the former one, and
(h) Never to reject, for any consideration personal to himself, the cause of the written notice of the change shall be given to the advance party.
defenseless or oppressed;
A client may at any time dismiss his attorney or substitute another in his place, but if
(i) In the defense of a person accused of crime, by all fair and honorable the contract between client and attorney has been reduced to writing and the dismissal
means, regardless of his personal opinion as to the guilt of the accused, to of the attorney was without justifiable cause, he shall be entitled to recover from the
present every defense that the law permits, to the end that no person may be client the full compensation stipulated in the contract. However, the attorney may, in
deprived of life or liberty, but by due process of law. the discretion of the court, intervene in the case to protect his rights. For the payment
of his compensation the attorney shall have a lien upon all judgments for the payment
Section 21. Authority of attorney to appear. — an attorney is presumed to be properly of money, and executions issued in pursuance of such judgment, rendered in the case
authorized to represent any cause in which he appears, and no written power of wherein his services had been retained by the client.
attorney is required to authorize him to appear in court for his client, but the presiding
judge may, on motion of either party and on reasonable grounds therefor being shown, Section 27. Attorneys removed or suspended by Supreme Court on what grounds. —
require any attorney who assumes the right to appear in a case to produce or prove the A member of the bar may be removed or suspended from his office as attorney by the
authority under which he appears, and to disclose, whenever pertinent to any issue, Supreme Court for any deceit, malpractice, or other gross misconduct in such office,
the name of the person who employed him, and may thereupon make such order as grossly immoral conduct, or by reason of his conviction of a crime involving moral
justice requires. An attorneys wilfully appear in court for a person without being turpitude, or for any violation of the oath which he is required to take before the
employed, unless by leave of the court, may be punished for contempt as an officer of admission to practice, or for a wilfull disobedience of any lawful order of a superior
the court who has misbehaved in his official transactions. court, or for corruptly or willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for the purpose of gain, either
Section 22. Attorney who appears in lower court presumed to represent client on personally or through paid agents or brokers, constitutes malpractice.
appeal. — An attorney who appears de parte in a case before a lower court shall be
presumed to continue representing his client on appeal, unless he files a formal petition Section 28. Suspension of attorney by the Court of Appeals or a Court of First Instance.
withdrawing his appearance in the appellate court. — The Court of Appeals or a Court of First Instance may suspend an attorney from
practice for any of the causes named in the last preceding section, and after such
Section 23. Authority of attorneys to bind clients. — Attorneys have authority to bind suspension such attorney shall not practice his profession until further action of the
their clients in any case by any agreement in relation thereto made in writing, and in Supreme Court in the premises.
taking appeals, and in all matters of ordinary judicial procedure. But they cannot,
without special authority, compromise their client's litigation, or receive anything in Section 29. Upon suspension by the Court of Appeals or Court of First Instance, further
discharge of a client's claim but the full amount in cash. proceedings in Supreme Court. — Upon such suspension, the Court of Appeals or the
Court of First Instance shall forthwith transmit to the Supreme Court a certified copy of
Section 24. Compensation of attorneys; agreement as to fees. — An attorney shall be the order of suspension and a full statement of the facts upon which the same was
entitled to have and recover from his client no more than a reasonable compensation based. Upon the receipt of such certified copy and statement, the Supreme Court shall
for his services, with a view to the importance of the subject matter of the controversy, make a full investigation of the facts involved and make such order revoking or
the extent of the services rendered, and the professional standing of the attorney. No extending the suspension, or removing the attorney from his office as such, as the facts
court shall be bound by the opinion of attorneys as expert witnesses as to the proper warrant.
compensation, but may disregard such testimony and base its conclusion on its own
professional knowledge. A written contract for services shall control the amount to be Section 30. Attorney to be heard before removal or suspension. — No attorney shall
paid therefor unless found by the court to be unconscionable or unreasonable. be removed or suspended from the practice of his profession, until he has had full
opportunity upon reasonable notice to answer the charges against him, to produce adverse paty; and he shall have the same right and power over such judgments and
witnesses in his own behalf, and to be heard by himself or counsel. But if upon executions as his client would have to enforce his lien and secure the payment of his
reasonable notice he fails to appear and answer the accusation, the court may proceed just fees and disbursements.
to determine the matter ex parte.
RULE 116 ARRAIGNMENT
Section 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 Section 6. Duty of court to inform accused of his right to counsel. — Before
that the party is destitute and unable to employ an attorney, and that the services of arraignment, the court shall inform the accused of his right to counsel and ask him if he
counsel are necessary to secure the ends of justice and to protect the rights of the desires to have one. Unless the accused is allowed to defend himself in person or has
party. It shall be the duty of the attorney so assigned to render the required service, employed a counsel of his choice, the court must assign a counsel de oficio to defend
unless he is excused therefrom by the court for sufficient cause shown. him. (6a)

Section 32. Compensation for attorneys de oficio. — Subject to availability of funds as Section 7. Appointment of counsel de oficio. — The court, considering the gravity of
may be provided by the law the court may, in its discretion, order an attorney employed the offense and the difficulty of the questions that may arise, shall appoint as counsel de
as counsel de oficio to be compensates in such sum as the court may fix in accordance oficio only such members of the bar in good standing who, by reason of their experience
with section 24 of this rule. Whenever such compensation is allowed, it shall be not less and ability, can competently defend the accused. But in localities where such members
than thirty pesos (P30) in any case, nor more than the following amounts: (1) Fifty pesos of the bar are not available, the court may appoint any person, resident of the province
(P50) in light felonies; (2) One hundred pesos (P100) in less grave felonies; (3) Two and of good repute for probity and ability, to defend the accused. (7a)
hundred pesos (P200) in grave felonies other than capital offenses; (4) Five Hundred
pesos (P500) in capital offenses.
Section 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,
Section 33. Standing in court of person authorized to appear for Government. — Any he shall be given a reasonable time to consult with the accused as to his plea before
official or other person appointed or designated in accordance with law to appear for proceeding with the arraignment. (8)
the Government of the Philippines shall have all the rights of a duly authorized member
of the bar to appear in any case in which said government has an interest direct or
indirect. CODE OF PROFESSIONAL RESPONSIBILITY

Section 34. By whom litigation conducted. — In the court of a justice of the peace a CHAPTER IV. THE LAWYER AND THE CLIENT
party may conduct his litigation in person, with the aid of an agent or friend appointed
by him for the purpose, or with the aid an attorney. In any other court, a party may CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.
conduct his litigation personally or by aid of an attorney, and his appearance must be
either personal or by a duly authorized member of the bar. Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the
latter's race, sex. creed or status of life, or because of his own opinion regarding the
guilt of said person.
Section 35. Certain attorneys not to practice. — No judge or other official or employee Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an
of the superior courts or of the Office of the Solicitor General, shall engage in private appointment as counsel de officio or as amicus curiae, or a request from the Integrated
practice as a member of the bar or give professional advice to clients. Bar of the Philippines or any of its chapters for rendition of free legal aid.
Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if:
Section 36. Amicus Curiae. — Experienced and impartial attorneys may be invited by (a) he is not in a position to carry out the work effectively or competently;
the Court to appear as amici curiae to help in the disposition of issues submitted to it. (b) he labors under a conflict of interest between him and the prospective client or
between a present client and the prospective client.
Section 37. Attorneys' liens. — An attorney shall have a lien upon the funds, Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional
documents and papers of his client which have lawfully come into his possession and fees shall observe the same standard of conduct governing his relations with paying
may retain the same until his lawful fees and disbursements have been paid, and may clients.
apply such funds to the satisfaction thereof. He shall also have a lien to the same extent
upon all judgments for the payment of money, and executions issued in pursuance of CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN
such judgments, which he has secured in a litigation of his client, from and after the ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
time when he shall have the caused a statement of his claim of such lien to be entered
upon the records of the court rendering such judgment, or issuing such execution, and Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon
shall have the caused written notice thereof to be delivered to his client and to the as practicable whether the matter would involve a conflict with another client or his own
interest, and if so, shall forthwith inform the prospective client.
Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect
of matters disclosed to him by a prospective client. CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE
Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent BOUNDS OF THE LAW.
of all concerned given after a full disclosure of the facts.
Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful
conciliator or arbitrator in settling disputes. objectives of his client and shall not present, participate in presenting or threaten to
Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion present unfounded criminal charges to obtain an improper advantage in any case or
on the merits and probable results of the client's case, neither overstating nor proceeding.
understating the prospects of the case. Rule 19.02 - A lawyer who has received information that his client has, in the course of
Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public the representation, perpetrated a fraud upon a person or tribunal, shall promptly call
official, tribunal or legislative body. upon the client to rectify the same, and failing which he shall terminate the relationship
Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the with such client in accordance with the Rules of Court.
principles of fairness. Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the
Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently case.
with the practice of law shall make clear to his client whether he is acting as a lawyer
or in another capacity. CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION. (a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
Rule 16.01 - A lawyer shall account for all money or property collected or received for (c) The importance of the subject matter;
or from the client. (d) The skill demanded;
Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his (e) The probability of losing other employment as a result of acceptance of the proffered
own and those of others kept by him. case;
Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or (f) The customary charges for similar services and the schedule of fees of the IBP
upon demand. However, he shall have a lien over the funds and may apply so much chapter to which he belongs;
thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice (g) The amount involved in the controversy and the benefits resulting to the client from
promptly thereafter to his client. He shall also have a lien to the same extent on all the service;
judgments and executions he has secured for his client as provided for in the Rules of (h) The contingency or certainty of compensation;
Court. (i) The character of the employment, whether occasional or established; and
Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest (j) The professional standing of the lawyer.
are fully protected by the nature of the case or by independent advice. Neither shall a Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled
lawyer lend money to a client except, when in the interest of justice, he has to advance to a division of fees in proportion to the work performed and responsibility assumed.
necessary expenses in a legal matter he is handling for the client. Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client,
accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE other compensation whatsoever related to his professional employment from anyone
SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. other than the client.
Rule 20.04 - A lawyer shall avoid controversies with clients concerning his
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND compensation and shall resort to judicial action only to prevent imposition, injustice or
DILIGENCE. fraud.

Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF
know that he is not qualified to render. However, he may render such service if, with HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.
the consent of his client, he can obtain as collaborating counsel a lawyer who is
competent on the matter. Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation. (a) When authorized by the client after acquainting him of the consequences of the
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his disclosure;
negligence in connection therewith shall render him liable. (b) When required by law;
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall (c) When necessary to collect his fees or to defend himself, his employees or
respond within a reasonable time to the client's request for information. associates or by judicial action.
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information
acquired in the course of employment, nor shall he use the same to his own advantage
or that of a third person, unless the client with full knowledge of the circumstances
consents thereto.
Rule 21.03 - A lawyer shall not, without the written consent of his client, give information
from his files to an outside agency seeking such information for auditing, statistical,
bookkeeping, accounting, data processing, or any similar purpose.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or
associates thereof unless prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those
whose services are utilized by him, from disclosing or using confidences or secrets of
the clients.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even
with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular
case except to avoid possible conflict of interest.

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD

CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

Rule 22.01 - A lawyer may withdraw his services in any of the following case:
a) When the client pursues an illegal or immoral course of conduct in connection
with the matter he is handling;
b) When the client insists that the lawyer pursue conduct violative of these
canons and rules;
c) When his inability to work with co-counsel will not promote the best interest of
the client;
d) When the mental or physical condition of the lawyer renders it difficult for him
to carry out the employment effectively;
e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;
f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien,
immediately turn over all papers and property to which the client is entitled, and shall
cooperative with his successor in the orderly transfer of the matter, including all
information necessary for the proper handling of the matter.