1, LEGAL & JUDICIAL ETHICS REVIEWER BY: RENE CALLANTA LAWYERS OATH: I, _______________________, do solemnly swear that I will

maintain allegiance to the Republic of the Philippines; I will support its 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 of any in court; I will not willingly nor willfully 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 will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well as to the court as to my clients; and I impose or purpose of evasion. So help me God. * Memorize this and think that you will take this oath after the Bar and it shall be so. (Sabi ng mga pumasa na ng BAR dito lang daw sa LAWYERS OATH umiikot ang mga tanong sa LEGAL ETHICS) Nature of a Lawyers Oath: The lawyers oath is not a mere formality recited for a few minutes in the glare of flashing cameras and before the presence of select witness. (In re: Arthur M. Cuevas, Jr. 285 SCRA 59, January 27. 1998). The lawyers oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and kept inviolable. (Sebastian v. Calis, Adm. Case No. 5118, Sept. 9, 1999) Duties nf Attorneys: to iaintain all%giance to the Republic of the Philippines and to support the Constitution and obey the laws o& the Philippines; observe and maintain the respect due to the courts of justice and judicial officers; to counrel or maintain such actions or proceedings only as appea2 to him as just, and such defenses only as he believes to be honestly debatable under the laws; to employ, for the purpose of maintaining the causes confided to him, such means as only as are consistent with truth and honor, and never seek to mislead the judge as any judicial officer by an artifice or false statement of fact or law;

2, to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his clients business except from him or with his knowledge and approval; to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of A party or witness, unless required by the justice of the causa with which he is charged; not po encourage either in the commencement or the continuance of an action ob proceeding, kr delay any mans cause for any corrupt motive or interest; never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; in the defense of a person accused /f a 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. PRELIMINARIES LEGAL ETHICS It is a branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibilities, Canons of Professional Ethics, jurisprudence, moral laws and special laws. Original Bases of Legal Ethics 1.Canons of Professional Ethics2.Supreme Court Decisions3.Statistics4.Constitution 5.Treaties and Publications Present Basis of Philippine Legal Ethics The Code of Professional Responsibility. It is the embodiment into the code of the various pertinent and subsisting rules, guidelines and standards on the rule of conduct of lawyers which must be observed by all members of the Bar in the exercise of his profession whether in or out of Court as well as in their public and private lives. TERMS TO REMEMBER BARvs.BENCHRefers to the whole body of attorneys and counselors, collectively, the members of the legal professionDenotes the whole body of judges Practice of Law - - Any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).

3, Bar Admission act by which one is licensed to practice before courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on grounds of reciprocity after period of years as member of bar of another jurisdiction (Black Law Dictionary Sixth Edition, p.149). Lawyer This is the general term for a person trained in the law and authorized to advise or represent others in legal matters. Trial Lawyer A lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual trial work either for the prosecution or for the defense of cases of clients. Practising Lawyer One engaged in the practice of law. All trial lawyers are practicing lawyers, but not all practicing lawyers are trial lawyers. Client One who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in his behalf and usually for a fee. Attorney-at-Law/Counselor-at-law/lawyer/attorney/counsel/abogado/boceros that class of persons who are by license officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence (Cui v. Cui, 120 Phil. 729). Attorney-in-fact an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessary a lawyer. Counsel de officio - a counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused. Note: In localities where members of the Bar are not available, the court may appoint any person, resident of the province and of good repute for probity and ability, to defend the accused. [Sec. 7 Rule 116, Rules of Court (1985)] Attorney ad hoc a person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made (Bienvenu v. Factors Traders Insurance Corp., 33 La. Ann. 209) Attorney of Record one who has filed a notice of appearance and who hence is formally mentioned in court records as the attorney of the party. Person whom the client has named as his agent upon whom service of papers may be made. (Reynolds v. Reynolds. Cal. 2d580).

4, Of Counsel to distinguish them from attorneys of record, associate attorneys are referred to as of counsel (5 Am. Jur. 261) Lead Counsel The counsel on their side of a litigated action who is charged with the principal management and direction of a partys case. House Counsel Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Amicus curiae a friend of the court, not a party to the action; is an experienced and impartial attorney invited by the court to appear and help in the disposition of the issues submitted to it. It implies friendly intervention of counsel to call the attention of the court to some matters of law or facts which might otherwise escape its notice and in regard to which it might go wrong. Amicus curiae par excellence bar associations who appear in court as amici curiae or friends of the court. Acts merely as a consultant to guide the court in a doubtful question or issue pending before it. Bar Association an association of members of the legal profession. Advocate The general and popular name for a lawyer who pleads on behalf of someone else. Barrrister (England) a person entitled to practice law as an advocate or counsel in superior court. Solicitor (England) A person prosecuting or defending suits in Courts of Chancery. Solicitor (Philippines) A government lawyer attached with the Office of the Solicitor General. Proctor (England) Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. Titulo de Abogado it means not mere possession of the academic degree of Bachelor of Laws but membership of the Bar after due admission thereto, qualifying one for the practice of law.

Admission to the Practice of Law In re Edillion 84 SCRA 568

5, The practice of law is not a property right but a mere privilege and as such must bow to the inherent regulatory power of the Court to exact compliance with the lawyers public responsibilities. The power of admission to the practice of law is vested by the Constitution in the Supreme Court. ART. VIII, Sec. 5(5): The Supreme Court shall have the following powers: (5) Promulgate rules concerning the protection and enforcement pf constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. The constitutional power to admit candidates to the legal profession is a judicial function and involves exercise of discretion (In re: Almacen 31 SCRA 562). The power of the Supreme Court to regulate the practice of law includes: authority to define the term prescribe the qualifications of a candidate to and the subjects of the bar examinations decide who will be admitted to practice discipline, suspend or disbar any unfit and unworthy member of the bar reinstate any disbarred or indefinitely suspended attorney ordain the integration of the Philippine Bar punish for contempt any person for unauthorized practice of law and in general, exercise overall supervision of the legal profession. In re Cunanan, 94 Phil. 543 *** The Legislature, in the exercise of its police power, may however, enact laws regulating the practice of law to protect the public and promote the public welfare. But the legislature may not pass a law that will control the Supreme Court in the performance of its function to decide who may enjoy the privilege of practicing law, and any law of that kind is unconstitutional as an invalid exercise. ***Any legislative or executive judgment substituting that of the Supreme Court in matters concerning the admission to the practice of law or the suspension, disbarment or reinstatement of an attorney infringes upon and constitutes an invalid exercise of the legislative or executive power. *** The legislature may pass a law prescribing additional qualifications for candidates for admission to practice or filling up deficiencies in the requirements for admission to the bar. Such a law may not, however, be given retroactive effect so as to entitle a person, not otherwise qualified, to be admitted to the bar, nor will such a law preclude the Supreme Court from fixing other qualifications or requirements for the practice of law.

6, The Supreme Court acts through a Bar Examination Committee to the Exercise of his judicial function to admit candidates to the legal profession. of legislative power. Notes on the Bar Examination Committee: Composed of one (1) member of the Supreme Court who acts as Chairman and eight (8) members of the bar. The 8 members who act as examiners for the 8 bar subjects with one subject assigned to each. The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the other. He is at the same time a deputy clerk of court. Admission of examinees is always subject to the final approval of the court. Requirements for all applicants for admission to the Bar: citizen of the Philippines; at least 21 years of age; of good moral character; Good moral character is a continuing qualification required of every member of the Bar, it is not only a qualification precedent to the practice of law. (Narag, 291 SCRA 451, June 29, 1998) Philippine resident; Production before the Supreme Court satisfactory evidence of a. good moral character; and b. no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines Academic Requirements for Candidates: a bachelors degree in arts or sciences (a.k.a Pre-law course) completed course on civil law commercial law remedial law public international law private international law political law labor and social legislation medical jurisprudence taxation legal ethics Requirements Before a Candidate can Engage in the Practice of Law:

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I. He must have been admitted to the Bar Furnishing satisfying proof of educational, moral and other qualifications Passing the bar Taking the Lawyers Oath before the SC Signing the Attorneys Roll and receiving from the Clerk of Court of the SC a Certificate of the license to practice II. After his admission to the bar, a lawyer must remain in good and regular standing, which is a continuing requirement to the practice of law. This means that he must: a. remain a member of the IBP regularly pay all IBP membership dues and other lawful assessments, as well as the annual privilege tax faithfully observe the rules and ethics of the legal profession and be continually subject to judicial disciplinary control Privileges of Attorney The law makes his passing the bar examination equivalent to a first grade civil service eligibility for ay position in the classified service in the government the duties of which require knowledge of law, or a second grade civil service eligibility for any other government position which does not prescribe proficiency in law as a qualification.

PRACTICE OF LAW Rule 138, Section 1. Who may practice law - Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law. Concept of the Practice of Law Generally, to engage in the practice is to do any of those acts which are characteristic of the legal profession (In re: David, 93 Phil. 46). It covers any activity, in or out of court, which requires the application of law, legal principles, practice or procedure and calls for legal knowledge, training and experience (PLA vs. Agrava, 105 Phil. 173). Cayetano vs. Monsod, 201 SCRA 210 ***Practice of Law means any activity in or out of court which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to perform those acts which are characteristics of the legal profession.

8, Generally, to practice law is to give notice or render any kind of service, which devise or service requires the use, in any degree, of legal knowledge or skill. People vs. Villanueva, 14 SCRA 111 ***Strictly speaking, the word practice of law implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his services. ***Private practice in more than an isolated appearance for it consist of frequent customary actions, a succession of acts of the same kind. An isolated appearance may, however, amount to practice in relation to the rule prohibiting some persons from engaging in the exercise of the legal profession.

Ulep vs. Legal Clinic Inc. 223 SCRA 378 (1993) ***In the practice of his profession, a licensed attorney-at-law generally engages in three principal types of professional activities: legal advice and instructions to clients to inform them of their rights and obligations preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman; and appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty and property according to law, in order to assist in the proper interpretation and enforcement of law. ***Essential criteria enumerated by the C.A. as determinative of engaging in the practice of law: 1)Habituality 2)Compensation 3)Application of law, legal principle, practice, or procedure 4)Attorney-Client relationship Non-Lawyers authorized to appear in court: In cases before the MTC, a party may conduct his case or litigation in person, with the aid of an agent or friend appointed by him for that purpose (Sec. 34, Rule 138, RRC). Before any other court, a party may conduct his litigation personally (Ibid) In a criminal case before the MTC in a locality where a duly licensed member of the Bar is not available, the judge may appoint a non-lawyer who is resident of the province, and of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC)

9, A senior law student, who is enrolled in a recognized law schools clinical education program approved by the Supreme Court may appear before any court without compensation, to represent indigent clients accepted by the Legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school. Under the Labor Code, non-lawyers may appear before the NLRC or any Labor Arbiter, if (1) they represent themselves, or if (2) they represent their organization or members thereof (Art. 222, PO 442, as amended). Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act No. 2259, Sec. 9). Any person appointed to appear for the government of the Phil. in accordance with law (Sec. 33 Rule 138). Limitations of Appearance of non-lawyers He should confine his work to non-adversary contentions. He should not undertake purely legal work, such as the examination or cross-examination of witnesses, or the presentation of evidence. Services should not be habitually rendered. Should not charge or collect attorneys fees (PAFLU vs. Binalbagan Isabela Sugar Co. 42 SCRA 302) Q.A and B who are law students entered their appearances before the Municipal Court as private prosecutors in a criminal case. This was disallowed by the trial judge. Is this correct? A.NO. A non-lawyer may appear as a friend of the party before the Municipal Courts under Section 34, Rule 138 Rules of Court; he may make such appearances either as defense counsel or private prosecutor under the control and supervision of the fiscal. The permission of the fiscal is not necessary for the appearance of a private prosecutor, although if he so wishes, the fiscal may disallow participation in the trial by handling the case personally. (Catimbuhan, et al. vs. Hon. Cruz, G.R. No. 51813-14, Nov.29, 1983)Public Officials who cannot engage in the private practice of law in the Philippines: 1. Judges and other officials as employees of the Superior Court (Rule 148, Sec. 35, RRC). Officials and employees of the OSG (Ibid). Government prosecutors (Peo v. Villanueva, 14 SCRA 109).

10, - if permitted by their department head should only be in isolated cases involving relatives or close family friends President, Vice-President, members of the cabinet, their deputies and assistants, (Art. VIII Sec. 15, 1987 Constitution). Chairmen and Members of the Constitutional Commissions (Art. IX-A, Sec. 2, 1987 Constitution). Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par.), 1987 Constitution). All governors, city and municipal mayors (R.A. No. 7160, Sec. 90). Those who, by special law, are prohibited from engaging in the practice of their legal profession Q.Can a civil service employee engage in the private practice of law? A.A civil service officer or employee whose duty or responsibility does not require his entire time to be at the disposal of the government may not engage in private practice of law without the written permit from the head of the department concerned. However, government officials who by express mandate of the law are prohibited from practicing law may not, even with the consent of the department head, engage in the practice of law. If so authorized by the department head, he may, in an isolated case, act as counsel for a relative or close family friend. A government official forbidden to practice law may be held criminally liable for doing so. An officer or employee of the civil service who, as a lawyer, engages in the private practice of law without a written permit from the department head concerned may be held administratively liable therefor. Q.The City of Manila hired the services of Atty. Bautista of the ABC Law Offices to represent it in case pending before the RTC. Can Atty. Bautista validly represent it? A.NO. A local government unit could not hire a private attorney to represent. The provisions of Sec. 1683 complemented by Sec. 3 of the Local Autonomy Law, is clear in providing that only the provincial prosecutor and the municipal attorney can represent a province or municipality. The provision is mandatory. The municipalitys authority to employ a private lawyer is expressly limited only to situations where the provincial prosecutor is disqualified to represent it, as when he represents that province against a municipality. Public Officials with Restrictions in the Practice of Law: Senators and members of the House of Representatives Members of the Sanggunian Retired Justice or judge Civil service officers or employees without permit from their respective department heads (Noriega vs. Sison 125 SCRA 293) Restrictions in the Practice of Law of Members of the Legislature

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No senator or member of the House of Representatives may personally appear as counsel before any courts of justice or before the Electoral Tribunals, or quasi-judicial and other administration bodies xxx (Art. VI, Sec. 14, 1987 Constitution). A lawyer-member of the legislature is only prohibited from appearing as counsel before any court of justice, electoral tribunals or quasi-judicial and administrative bodies The word appearance includes not only arguing a case before any such body but also filing a pleading in behalf of a client as by simply filing a formal motion, plea or answer. (Ramos vs. Manalac, 89 PHIL. 270) Neither can he allow his name to appear in such pleading by itself or as part of firm name under the signature of another qualified lawyer because the signature of an agent amounts to signing of a non-qualified senator or congressman, the office of an attorney being originally an agency, and because he will, by such act, be appearing in court or quasi-judicial or administrative body in violation of the constitutional restriction. He cannot do indirectly what the Constitution prohibits directly. (In re: David 93 PHIL. 461) Restrictions in the practice of law of members of the Sanngunian Under the Local Government Code (R.A. 7180, Sec. 90), Sanggunian members may practice their professions provided that if they are members of the Bar, they shall not: appear as counsel before any court in any civil case wherein a local government unit or any unit, agency, or instrumentality of the government is the adverse party; appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office; collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and use property and personnel of the Government except when the Sanggunian member concerned is defending the interest of the government. Restrictions in the practice of law of members of the Judiciary Under RA 910, Sec. 1, as amended, a retired justice or judge receiving a pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies in the adverse party or in criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. Remedies Against Unauthorized Practice Petition for Injunction Declaratory Relief Contempt of Court

12, Disqualification and complaints for disbarment Criminal complaint for estafa who falsely represented to be an attorney to the damage party Alawi vs. Alauya, A.M. SDC-97-2-P, February 24, 1997 Q.Are persons who pass the Sharia Bar members of the Philippine Bar? A.Persons who pass the Sharia Bar are not full-fledged members of the Philippine Bar, hence may only practice before the Sharia courts. They are also not entitled to use the title attorney as such is reserved to those who, having obtained the necessary degree in the study of law and successfully taken the Bar Examinations, have been admitted to the Integrated Bar of the Philippines and remain members thereof in good standing Q.Does scrivening constitute practice of law? A.NO. Scrivening or the filling of blanks in a standard or stereotyped forms which involves pure clerical work without need for any legal interpretation. This is not practice of law. In re: Joaquin, 241 SCRA 405 Appearance in propia persona is appearance in court by a non-lawyer for himself without the assistance of a member of the Bar. This is sometimes referred to as pro se practice While pro se practice is allowed, it is not advisable to do so. Court proceedings are full of technical pitfalls that may entrap a person unschooled in substantive and procedural law. Need for and Right to Counsel General Rule: A party litigant needs the assistance of counsel in all proceedings, administrative, civil or criminal. Exceptions: Municipal Trial Court A party may conduct his litigation in person or with the aid of an agent or friend appointed by him for that purpose or with the aid of an attorney. Regional Trial Court and Appellate Court A party may either conduct his litigation personally or by attorney unless the party is a juridical person in which case it may appear only by attorney. *** The rule that appearance by counsel is not obligatory applies only in civil and administrative cases. The rule does not apply in criminal cases involving grave and less grave offenses, where an accused must be represented by counsel de parte or counsel de officio and in which his right is not waivable. Duty of Public Prosecutor The primary duty of a public prosecutor is not to convict but to see that justice is done. He should not hesitate to recommend to the court the accused acquittal if the evidence in his possession shows that the accused is innocent.

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Role of Private Prosecutor A private prosecutor may intervene in the prosecution of a criminal action when the offended party is entitled to indemnity and has not waived expressly, reserved or instituted the civil action for damages. There is nothing objectionable about it as long as the public prosecutor is always present at every hearing, retains control thereof, and without allowing the trial in the hands of a private prosecutor. NOTARY PUBLIC Facts: Aty. X notarized a deed of sale making it appear that some of the vendors were signatories and parties when in fact these people were already dead prior to the execution of the document. (Arrieta v. Llosa, 282 SCRA 248, November 28, 1997) Ruling: Notarization is not empty, meaningless, routinary act; it is infested with substantial public interest such that only those who are qualified or authorized may act as notaries public. Notaries public must observe with the utmost care the basic requirements in the performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined. Faithful observance with utmost respect of the legal solemnity of an oath in an acknowledgment or jurat is sacrosanct. Facts: N accused V of notarizing documents without a commission. In two separate occasions, he notarized deeds of sale of property between the bank he works for and his minor son. At those times he was not commissioned as a notary public. (Nunga v. Viray, 306 SCRA, April 30, 1999) Ruling: Notarization is invested with public interest because it converts private documents to public documents, making such documents admissible in evidence without further proof of the authenticity thereof. Notarizing without a commission is a violation of the lawyers oath to obey the laws (Notarial Law) and by making it appear that he is so authorized is a deliberate falsehood which violates the lawyers oath and Rule 1.01 (CPR) that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Remember: Certification of a Deed (is a proclamation to the world that:) all the parties therein personally appeared before him they are all personally known to him

14, that they were the same persons who executed the instruments he (notary public) inquired into the voluntariness and due execution of the instrument; and that they acknowledged personally before him that they voluntarily and freely executed the same. Q.What are the grounds for the violation of the commission of a notary public? A.The following dereliction of duties on the part of a notary public shall in the discretion of the proper RTC judge, be sufficient ground for the revocation of his commission.1.Failure of the notary to keep a notarial register2.Failure of the notary to make the proper entry or entries in his notarial register touching his notarial acts in a manner required by law3.Failure of the notary to send a copy of the entries to the proper clerk of the RTC within the first 10 days of the month next following4.Failure of the notary to affix to acknowledgments the date of expiration of his commission, as required by law5.Failure of the notary to forward his notarial register when filled, to the proper clerk of court6.Failure of the notary public to make the proper notation regarding community tax certificates7. Failure of the notary to make report, within a reasonable time, to the proper RTC judge concerning the performance of his duties, as may be required by said judge, and8.Any other dereliction or act which shall appear to the judge to constitute good cause for removal. Flores vs. Chua, 306 SCRA 465 Q.Atty. Rodrigo, a notary public, notarized a forged deed of sale. In that notarized document he solemnly declared that the alleged vendor appeared before him and acknowledged to him that the document was the vendors free act and deed despite the fact that the vendor did not do so as his signature was forged. A.NO. A notary public cannot plead good faith when notarizing documents without the presence of signatories thereto as this would be a mockery of what the Jurat and Acknowledgment requires. Where the notary public is a lawyer, a graver responsibility is placed upon his shoulder by reason of his solemn oath to obey the laws and to do no falsehood or consent to the doing of any. The C.P.R. also commands him not to engage in unlawful, dishonest, immoral, deceitful conduct and to uphold at all times the integrity and dignity of the legal profession. INTEGRATED BAR OF THE PHILIPPINES National organization of lawyers created on January 16, 1973 under Rule 139-A, Rules of Court and constituted on May 4, 1973 into a body corporate by P.D. No.181 In re: Edillon, 84 SCRA 554 (1978) The Integration of the Philippine Bar means the unification of the entire lawyer population. This requires (1) membership and (2) financial support of every attorney as

15, condition sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court. In re: Integration of the Philippines, 49 SCRA 22 (1973) While Republic Act No. 6397 provides that the Supreme Court may adopt rules of courts to effect the integration of the Philippine bar, said law neither confers a new power nor restricts the Courts inherent power but is mere legislative declaration of the integration of the bar will promote public interest or will raise the standard of the legal profession, improve the administration of justice and enable the bar to discharge its public responsibility more effectively. Section 18, By-Laws of the IBP The following persons are members of the Integrated Bar of the Philippines: (a) All lawyers whose names were in the Roll of Attorneys of the SC on January 16, 1973; and (b) All lawyers whose names were included or are entered therein after the said date. What are the objectives of the integration of the Bar? Elevate standards of the legal profession Improve the administration of justice To enable the bar to discharge its responsibility more effectively The Integrated Bar is strictly non-political. To maintain its non-political color, no lawyer holding an elective, judicial, quasi-judicial or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar or any chapter thereof. A delegate, governor, officer or employee of the Integrated Bar or an officer or employee of any chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial or prosecutory office in the Government or any political subdivision or instrumentality thereof. The deliberative body of the Integrated Bar is the House of Delegates. It is composed of not more than one hundred and twenty members apportioned among all the chapters by the Board of Governors according to the number of their respective members, but each chapter shall have at least one Delegate. The Board of governors shall provide the By-Laws for grievance procedure for the enforcement and maintenance of discipline among all members of the IBP, but no action involving the suspension or disbarment of a member of the removal of his name from the Roll of Attorneys shall be effective without the final approval of the S.C.

16, Q. Is the compulsory membership in the IBP violative of the lawyers constitutional freedom to associate or corollary right not to associate? A.NO. Integration does not make a lawyer a member of any group of which he is already a member. He became a member of the bar when he passed the Bar examinations. All that integration actually does in provide an official national organization for the welldefined but unorganized and incohesive group of which every lawyer is already a member. (In re: Edillion A.M. 1928) Q.May a member of the IBP voluntarily terminate his membership therein? A.YES, by filing a verified notice to that effect with the Secretary of IBP who shall immediately bring the matter to the attention of the SC. Forthwith, he shall cease to be a member and his name shall be stricken from the Roll of Attorneys. Q.What is the effect of failure to pay annual membership to the IBP? A. The failure of any attorney to pay his annual membership dues for six months shall warrant suspension of his membership in the IBP and default of such payment for one year shall be ground for the removal of his name from the Roll of Attorneys. Q.May a lawyer be disciplined either by the IBP or the Court for failing to pay her obligation to complainant? A.NO. A lawyer may not be disciplined either by the IBP or the Court for failing to pay her obligation, a matter in her professional or private capacity. (Toledo vs. Abalos) Q.Is wanton disregard of the lawful orders of the IBP Commission on Bar Discipline a ground for suspension of a lawyer from the practice of law? A.YES. A lawyer was suspended from the practice of law for one month due to her wanton disregard of the lawful orders of the IBP Commission on Bar Discipline. (Toledo vs. Abalos)

CODE OF PROFESSIONAL RESPONSIBILITY CHAPTER I THE LAWYER AND SOCIETY CANON 1 A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and for legal processes. *** Lawyers must not only uphold and obey the Constitution and the laws but also Legal orders or processes of courts Rule 1.01:A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. People vs. Tuanda, Adm. Case No. 3360 (Jan. 30, 1990)

17, The nature of the office of an attorney at law requires that she shall be a person of good moral character. This qualification is not only a condition precedent to an admission to the practice of law; its continued possession is also essential for remaining in the practice of law. Rule 138, Section 27, ROC The commission of unlawful acts, specially crimes involving moral turpitude, acts of dishonesty in violation of the attorneys oath, grossly immoral conduct and deceit are grounds for suspension or disbarment of lawyers. Morality as understood in law: This is a human standard based on the natural moral law which is embodied in mans conscience and which guides him to do good and avoid evil. Moral turpitude: everything which is done contrary to justice, honesty, modesty or good morals. Immoral conduct has been defined as that conduct which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga v. Maniwang, 106 SCRA 591). What constitutes grossly immoral conduct/act? one that is so corrupt and false as to constitute a criminal act so unprincipled or disgraceful as to be reprehensible to a high degree. (Figueroa v. Barranca, 275 SCRA 445, July 31, 1997) Conviction for crime involving moral turpitude a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: estafa bribery murder seduction abduction smuggling falsification of public document Tolosa vs. Cargo, 171 SCRA 21(1989) As officers of the court, lawyers must only in fact be of good moral character but must also be seen to be of good moral character and living lives in accordance with the highest moral standards of the community. A member of the Bar and officer of the court is not only required to refrain from adulterous relationships or the keeping of mistress, but must also behave as to avoid scandalizing the public by creating the belief that he is flouting such moral standard. NON-PROFESISONAL MISCONDUCT Lizaso vs. Amante, 198 SCRA (1991)

18, x x x misconduct indicative of moral unfitness, whether relating to professional or nonprofessional matters, justifies suspension or disbarment. x x x an attorney may be removed or otherwise disciplined not only for malpractice and dishonesty in his profession, but also for gross misconduct not connected with his professional duties, which showed him unfit for the office and unworthy of the privileges which his license and the law confer to him. Constantino v. Saludares, 228 SCRA 233 (1993) While it is true that there was no attorney-client relationship between respondent and complainant, it is well settled that an attorney may be removed or otherwise disciplined not only for malpractice and dishonesty in the profession, but also for gross misconduct not connected with his professional duties, showing him to be unfit for the office and unworthy of the privileges which his license and the law confer upon him. Some cases of Dishonesty and Deceit which Merited Discipline by the Supreme Court. Misappropriation of clients funds Act of fraudulently concealing dutiable importation or smuggling Giving false statements under oath in an Information Sheet submitted in connection with the lawyers application for the position of Chief of Police Wanton falsehood made in an ex parte petition in court wherein the lawyer attached affidavit of his grandfather and which affidavit he notarized knowing that the supposed affiant is already dead Maneuvering reconveyance of property in the name of a lawyer instead of the client in a case involving sale with pacto de retro Submission or presentation of mutilated copies of certain documents to court for the purpose of deceiving and misleading it Falsification of grades in the Bar Examinations Collecting several thousand pesos on the pretense that counsel would allegedly appeal the complaints case to the Supreme Court of the United States, and that it was necessary to him to go to Washington, D.C. which he did, knowing that the decision could no longer be appealed because it is already final Introducing someone to buy a piece of land knowing that it is not for sale Delayed failure to account money collected for the client Stealing evidence attached to the court records

19,

Instances of Gross Immorality and the Resulting Consequences: Abandonment of wife and cohabiting with another woman. Disbarred. Bigamy perpetrated by the lawyer. Disqualified from admission to the Bar A lawyer who had carnal knowledge with a woman through a promise of marriage which he did not fulfill. Disbarred. Seduction of a woman who is the niece of a married woman with whom the respondent lawyer had adulterous relations. Disbarred. Lawyer arranging the marriage of his son to a woman with whom the lawyer had illicit relations. After the marriage of the woman to the respondents son, he continued his adulterous relations with her. Disbarred Lawyer inveigling a woman into believing that they had been married civilly to satisfy his carnal desires. Disbarred Lawyer taking advantage of his position as chairman of the college of medicine and asked a lady student to go with him to manila where he had carnal knowledge of her under threat that if she refused , she would flunk in all her subjects. Disbarred Concubinage coupled with failure to support illegitimate children. Suspended indefinitely Maintaining adulterous relation ship with a married woman. Suspended indefinitely

Rule 1.02.A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Canon 32, CPE A lawyer should not render any service or advice to any client no matter how powerful or important is the cause which will involve disloyalty to the laws of the country which he is bound to uphold and obey. Canon 15, CPE The great trust of the lawyer is to be performed within and without the bounds of the law. The office of attorney does not permit, much less does it demand of him any client, violation of law or any manner of fraud or chicanery. He must obey his own conscience and not that of his client. Cosmos Foundry Shop Workers Union vs. Lo Bu, 63 SCRA 321 He was of course expected to defend his clients cause with zeal, but not at the disregard of the truth and in defiance of the clear purpose of labor statutes.

20,

In re:1989 IBP Elections, 178 SCRA 398 Respect for law is gravely eroded when lawyers themselves, who are supposed to be minions of the law, engage in unlawful practices and cavalierly brush aside the very rules that the IBP formulated for their observance. Rule 1.03.A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay in a mans cause. Barratry is the offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. It is the lawyers act of fomenting suits among individuals and offering his legal services to one of them. Canon 28, CPE It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship or trust make his duty to do so. The purpose of the prohibition is to prevent ambulance chasing, which refers to solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself. For ambulance chasing has spawned recognized evils such as: fomenting of litigation with resulting burdens on the courts and the public; subornation of perjury; mulcting of innocent persons by judgments, upon manufactured causes of actions, and defrauding of injured persons having proper causes actions but ignorant of legal rights and court procedure by means of contracts which retain exorbitant percentages of recovery and illegal charges for court costs and expenses and by settlement made for quick returns of fees and against the just rights of the injured persons. Cobb-Perez vs. Lantin, 24 SCRA 291 Lawyers duty is to resist the whims and caprices of his client and to temper his clients propensity to litigate. Castaneda vs. Ago, 65 SCRA 512 It is the duty of a counsel to advise his client ordinarily a layman to the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his clients cause is defenseless, it is his bouden duty to advise the latter to acquiesce and submit, rather than traverse the inconvertible. A lawyer must resist the whims and caprices of his client, and temper his propensity to litigate. A lawyers oath to uphold the cause of justice is superior to his duty to his client; its primacy indisputable. Significance of an Attorneys Signature on a Pleading Rule 7 Sec.5 Xxx The signature of an attorney constitutes certificate by him that he has read the pleading; that to the best of his knowledge, information and belief there is good

21, ground to support it; and that it is not interposed for delay. Xxx For a willful violation of this rule an attorney may be subjected to appropriate disciplinary action. Rule 1.04.A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. A compromise is as often the better part of justice as prudence is the better part of valor and a lawyer who encourages compromise is no less the clients champion in settlement out of court than he is the clients champion in the battle of court. De Yaasi III v. NLRC, 231 SCRA 173 (1994) The useful function of a lawyer is not only to conduct litigation but also to avoid it whenever possible by advising settlement or withholding suit. xxx He should be a mediator for concord and conciliator for compromise, rather than a virtuoso of technicality in the conduct of litigation. Melendrez vs. Decena, 176 SCRA 662 A lawyer cannot, without special authority, compromise his clients litigation or receive anything in discharge of the clients claim but the full amount in cash. A compromise entered into without authority is merely unenforceable. However, a lawyer has the exclusive management of the procedural aspect of the litigation including the enforcement of rights and remedies of the client. CANON 2 A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession. Legal services should not only be efficient but should also be available and accessible to those who need them in a manner compatible with the ethics of the profession. A lawyer who accepts professional employment should be in a position to render efficient and effective legal assistance, otherwise he should help find another lawyer who is qualified and able to do so. Rule 2.01.A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Canon 4, CPE A lawyer assigned as counsel for an indigent prisoner must not ask to be excused for any trivial reason and should always exert his best efforts in his behalf. People vs. Holgado, 85 Phil. 752 The duty of a lawyer to accept the cause of the defenseless and the oppressed empowers the court to require him to render professional services to any party in a case, if the party is without means to employ an attorney and the services of a lawyer are necessary to protect the rights of such party or secure the ends of justice or to designate him as counsel de officio for an accused if the latter is unable to employ a counsel de parte.

22, Rule 2.02.In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the necessary to safeguard the latters rights. If the reason for non-acceptance of a case is conflict of interest, a lawyer must refrain from giving legal advice because a lawyer-client relationship is established and may lead to violation of the rule against representing conflicting interests. Rule 2.03.A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. The solicitation of employment by an attorney is a ground for disbarment or suspension. The best advertisement for a lawyer is a well-deserved reputation for competence, honesty and fidelity to private trust and public duty. Rule 138, Sec. 27, Rules of Court The law prohibits lawyers from soliciting cases for the purpose of gain, either personally or through paid agents or brokers, and makes the act malpractice. A lawyer who agrees with a non-lawyer to divide attorneys fees paid by clients supplied or solicited by the non-lawyer is guilty of malpractice, the same being a form of solicitation of cases. Characteristics which distinguishes the legal profession from business: 1. a duty of public service, of which the emolument is a by-product, and in which one may sustain the highest eminence without making much money; a relation as an officer of the court to the administration of justice involving thorough sincerity, integrity, and reliability; a relation to clients in the highest degree of fiduciary; a relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing directly with their clients. Types of advertising or solicitations not prohibited (Ulep vs. Legal Clinic 223 SCRA 378) Publication of reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, or brief biographical and informative data. The use of ordinary simple professional card. The card contain only a statement of his name, the name of the law firm which he is connected with, address, telephone no., and special branch of law practiced.

23, Publication or a public announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession. In re: Tagorda, 53 Phil. 37 (1929) To allow a lawyer to advertise his talent or skill is to commercialize the practice of law, lower the profession in public confidence and lessen his ability to render efficiently that high character of service to which every member of the bar is called. It destructive of the honor of a great profession. It lowers the standards of that profession. It works against the confidence of the community in the integrity of the members of the bar. It results in needless litigation and in incenting to strife otherwise peacefully inclined citizens. Rule 2.04.A lawyer shall not charge rates lower than those customarily prescribed, unless the circumstances so warrant. ***What the rule prohibits is the competition in the matter of charging fees for professional services for the purpose of attracting prospective clients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from collecting a reduced or no fee at all from a person who would have difficulty in paying the fee usually charged for the service.(Agpalo) CANON 3 A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. 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. Canon 27 of the Canon of Professional Ethics The canons of the profession that tell the best advertising possible for a lawyer is well-merited reputation for professional capacity and fidelity to trust, which must be earned as the outcome of character and conduct. Any false pretense therefore by a lawyer intended to defraud, mislead or deceive to tout on his qualifications or quality of his legal services is unethical whether done by him personally or through another with his permission. The proffer of free legal services to the indigent, even when broadcast over the radio or tendered through circulations of printed matter to the general public, offends no ethical rule. Rule 3.02.In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. A group of lawyers who deserve to establish a partnership for general practice of law may adopt a firm name. However, no false name or misleading or assumed name

24, shall be used in the firm name adopted. No name not belonging to any of the partners or associates may be used in the firm name for any purpose. If a partner died, and continued use of the name is desired by the surviving partners, the name of the deceased may still be used, in all the communications of the law firm, provided there is an indication that said partner is already dead. The use of a cross after the name of the deceased partner is sufficient indication. It is advisable though that the year of the death be also indicated. Canon 33, CPE In the formation of such partnership, no person should be admitted or held out as a member who is not a lawyer. Nor may a group of lawyers hold themselves out as partners when, in fact, they are not or when no partnership actually exists. B.R. Sebastian Enterprises Inc. vs. Court of Appeals, 206 SCRA 28 Death of a partner does not extinguish the client-lawyer relationship with the law firm. Antonio vs. Court of Appeals, 153 SCRA 592 Negligence of a member in the law firm is negligence of the firm. When the counsel of records is the Law Firm, the negligence of the lawyer assigned to the case consisting in his leaving for abroad without notifying his colleagues is negligence of the Law Firm. Dacanay vs. Baker & Mckenzie Filipino lawyers cannot practice law under the name of a foreign law firm. Rule 3.03Where 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. RA 7160, Section 90 Name of partner should be dropped from the firm name when he accepts public office. If a partner in a law firm has accepted a public office, his name shall be removed from the firm name. Exception: If the law allows him to practice law concurrently while holding the position such as Sanggunian members are subject to certain restrictions. 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. A lawyer who seeks publicity to attract legal business is debasing the legal profession, specially so, if he pays something of value for it. CANON 4

25, A lawyer shall participate in the development of the Legal System by initiating or supporting efforts in law reform and in the improvement of the administration of justice. Canon 40, CPE An attorney may with propriety write articles for publications in which he gives information upon the law; but he should not accept employment from such publications to advise inquiries in respect to their individual rights. CANON 5 A lawyer shall keep abreast of legal development, participate in continuing legal education programs, support efforts to achieve high standards in law school as well as in the practical training of law students and assist in disseminating information regarding the law and jurisprudence. What is the threefold obligation of a lawyer? First, he owes it to himself to continue improving his knowledge of the laws; Second, he owes it to his profession to take an active interest in the maintenance of high standards of high education. Third, he owes it to the law public to make the law a part of their social consciousness. De Roy vs. Court of Appeals, 157 SCRA 757 It is the bounden duty of counsel as lawyer in active law practice to keep upbreast of decisions of the Supreme Court particularly where issues have been clarified, consistently reiterated, and published in the advance report of Supreme Court decisions (G.R.s) and in such publications as the Supreme Court Reports Annotated (SCRA) and law journals. Zualo vs. CFI of Cebu, CA-G.R. No. 27718-R, July 7, 1961 Attorneys should familiarize themselves with the rules and comply with their requirements. They are also chargeable with notice of changes in the rules which have been held as including not only express reglementary provisions but also a regular practice under the Rules of Court. CANON 6 These canons shall apply to lawyers in government service in the discharge of their official tasks. Report of IBP Committee, p.30 A lawyer does not shed his professional obligations upon his assuming public office. However, lawyers who are incumbent judges and magistrates shall be governed in the performance of their official functions by the Code of Judicial Conduct which became effective on October 20, 1989. Public office - include elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police

26, personnel, whether or not they receive compensation, regardless of amount. (Sec. 3(b), RA 6173). The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties: commitment to public interest professionalism justness and sincerity political neutrality responsiveness to the public nationalism and patriotism commitment to democracy simple living (Sec. 4, RA 6713) Collantes vs. Renomeron, 200 SCRA 584 If the lawyers misconduct in the discharge of his official duties as government official is of such a character as to affect his qualifications as a lawyer or to show moral delinquency, he may be disciplined as a member of the Bar on such ground. Rule 6.01.The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. State vs. Platon, 40 O.G. 6th Supp. 235 A prosecutor is a quasi-judicial officer and as such, he should seek equal and impartial justice. He should be as much concerned with seeing that no man innocent suffers as in seeing that no guilty man escapes. U.S. vs. Barredo, 32 Phil. 449 A conscious prosecuting official, whose investigations have satisfied him as to the innocence of persons charged with the commission of crime, should not institute criminal proceedings against such persons. In the event that the criminal proceedings have been instituted, and the investigations of the provincial fiscal have satisfied him that the accused person is innocent, or that evidence sufficient to secure conviction will not be forthcoming at the trial despite the exercise of due diligence to that end. It then becomes his duty to advise the court wherein the proceedings are pending as to the result of his investigations, and to move the court to dismiss the proceedings. Suarez vs. Platon, 69 Phil. 556 The interest of a prosecutor in a criminal prosecution is not to win a case but to see that justice is done. He should see to it that the accused is given a fair and impartial trial and not deprived of any of his statutory or constitutional rights. * A public prosecutor should recommend the acquittal of the accused whose conviction is on appeal, if he finds no legal basis to sustain the conviction.

27, Triente vs. Sandiganbayan, 145 SCRA 508 Its role as the Peoples Advocate in the Administration of Justice to the end that the innocent be equally defended and set free just as it has the task of having the guilty punished. Rule 6.02.A lawyer in the government shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. If the law allows a public official to practice law concurrently, he must use his public position to feather his law practice. If the law does not allow him to practice his profession, he should not do so indirectly by being a silent partner in a law firm or by securing legal business for a friend or former associate in the active practice of law receiving a share in the attorneys fees for his efforts. Report of IBP Committee, p.30 Government lawyers, who are public servants owe utmost fidelity to the public service. Public office is a public trust. They do not shed their professional obligation in assuming public positions. They should be more sensitive to their professional obligations as their disreputable conduct is more likely to be magnified in the public eye. Public officials are required to uphold the public interest over and above personal interest; must discharge their duties with the highest degree of excellence, professionalism, intelligence, and skill; provide service without discrimination; extend prompt, courteous and adequate service to the public; be loyal to the Republic; commit themselves to the democratic way of life and values; and lead modest lives. It is unethical for a government lawyer to remain secretly connected to a law Firm and solicit cases for the said firm with referral fees or monthly retainers for the purpose. Gonzales-Austria, et al. vs. Abaya, 176 SCRA 634 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 a government official. However, if the misconduct of a government official is of such a character as to affect his qualification as a lawyer or to show moral delinquency, then he may be disciplined as a member of the Bar upon such ground. Enriquez Sr. vs. Hon. Gimenez, 107 Phil. 933 Unlike a practicing lawyer who has the right to decline employment, a fiscal cannot refuse the performance of his functions on grounds not provided for by law without violating his oath of office. 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. Various ways a government lawyer leaves government service: retirement resignation expiration of the term of office dismissal

28, abandonment What are the pertinent statutory provisions regarding this Rule? Sec. 3 (d) RA 3019 as amended and Sec. 7 (b) RA 6713. Section 3. Corrupt practice of public officers. In addition to acts or omission 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; x x x (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 within one year after its termination; Section 7 (b) RA 6713 prohibits public official from doing any of the following acts: own , control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the 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. Section 1, Republic Act 910 it is a condition of the pension provided herein that no retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving said pensions shall appear as counsel in any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an officer or employee of the Government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the Government, national, provincial or municipal, or any of its legally constituted officers. CHAPTER II THE LAWYER AND THE LEGAL PROFESSION 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. Facts: A deed of absolute sale was notarized by the father of the buyer-minor who is also the stockholder and legal counsel for the vendor and was not duly commissioned as notary public of that date. (Nunga vs. Viray, Adm. Case No. 4758, April 30, 1999)

29,

Ruling: A lawyer brings honor and integrity to the legal profession by faithfully performing his duties to society, to the Bar, to the courts and to his clients. A member of the legal fraternity should refrain from doing any act which might lessen in any degree the confidence and trust reposed by the public in the fidelity, honesty and integrity of the legal profession. Canon 29, CPE He should expose without fear or favor before the Supreme Court corrupt or dishonest conduct in the profession and should accept without hesitation employment against a lawyer who has wronged his client. 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. In re Ramon Galang, 66 SCRA 282 That the concealment of an attorney in his application to take the Bar examinations of the fact that he had been charged with, or indicted for an alleged crime, as a ground for revocation of his license to practice law, is well settled. Rule 138, Sec. 13, RRC No candidate shall endeavor to influence any member of the committee, and during examinations the candidates shall not communicate with each other nor shall they give or receive any assistance. The candidates who violates this prohibition or any other provision of this rule, shall be barred 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 of the court. 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. Canon 29, CPE A lawyer should aid in guarding the Bar against admission to the profession of candidates unfit or unqualified for being deficient in either moral character or education. Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character. The permissive right conferred on the lawyer is an individual and limited privilege subject to withdrawal if he fails to maintain proper standards of moral and professional conduct. Rule 7.03.A lawyer shall not engaged 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. Melendrez vs. Decena, 176 SCRA 662

30, A lawyer who commits an unlawful act though not related to the discharge of his professional duties as a member of the Bar, which puts his moral character is serious doubt, renders him unfit to continue in the practice of law. In re: Pelaez, 44 Phil. 567 The grounds for disciplinary actions enumerated under the Rules of Court are not exclusive and are so broad as to cover practically any misconduct of a lawyer in his professional or private capacity. Toloza vs. Cargo, 171 SCRA 21 As officers of the court, lawyers must not only in fact be of good moral character but also be seen of good moral character and leading lives in accordance with the highest moral standards of the community. CANON 8 A lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel. The golden rule is much more needed in the legal profession than in any other profession for a better administration of justice. Yulo vs. Yang Chiao Seng, 106 Phil. 110 (1959) He should not take advantage of the excusable unpreparedness or absence of counsel during the trial of a case. Canon 9, CPE A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel. Rule 8.01.A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. A.B.A. Op. 17 (Jan. 23, 1930) The fact that one of them conducts himself improperly does not relieve the other from the professional obligation in his relation with him. Report of IBP Committee, p. 41 Any kind of language which attacks without foundation and integrity of the opposing counsel or the dignity of the court may be stricken off the records or may subject a lawyer to disciplinary action. Surigao Mineral Reservation Board vs. Cloribel, 31 SCRA 1 Disrespectful, abusive and abrasive language, offensive personality, unfounded accusations or intemperate words tending to obstruct, embarrass or influence the court in administering justice, or to bring it into disrepute have no place in a pleading. Their employment serves no useful purpose and on the contrary constitutes direct contempt or contempt in facie curiae.

31,

In re: Gomez, 43 Phil. 376 A lawyer who uses intemperate, abusive, abrasive or threatening language portrays disrespect to the court, disgraces the Bar and invites the exercise by the court of its disciplinary power. In re: Climaco, 55 SCRA 107 A lawyers language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession. National Security Co. vs. Jarvis The lawyers arguments, whether written or oral, should be gracious to both the court and opposing counsel and be of such words as may be properly addressed by one gentleman to another. Rheem of the Philippines vs. Ferrer, 20 SCRA 441 Lack of want of intention is no excuse for the disrespectful language employed. Counsel cannot escape responsibility by claiming that his words did not mean what any reader must have understood them as meaning. Rule 8.02.A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of the lawyer, without fear or favor, to give 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 a 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 feather his law practice. Laput vs. Remotigue, 6 SCRA 45 (1962) It is, however, the right of a lawyer, without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful counsel. He may properly accept employment to handle a matter which has been previously handled by another lawyer, provided that the other lawyer has been given notice by the client that his services have been terminated. In re: Soriano, 33 SCRA 801 (1970) x x x Before taking over a case handled by a peer in the Bar, a lawyer is enjoined to obtain the conformity of the counsel whom he would substitute. And if this cannot be had, then he should, at the very least, give notice to such lawyer of the contemplated substitution. His entry of appearance in the case without the consent of the first lawyer amounts to an improper encroachment upon the professional employment of the original counsel.

32, In re: Clemente M. Soriano, 33 SCRA 801 (1970) A lawyer who has acquired knowledge of the malpractices of a member of a Bar, has the duty to the public and to the legal profession to inform the Supreme Court or the IBP of such malpractices to the end that the malpractitioner be properly disciplined. Canon 7, CPE 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. He should decline association as a colleague if it is objectionable to the original counsel, but if the lawyer first retained is relieved, he may come into the case. CANON 9 A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law. Rule 71, sec.3 (e), Revised Rules of Court The act of pretending or assuming to be an attorney or an officer of the court and acting as such without authority is punishable with contempt of court. The lawyer who assists in an unauthorized practice of law whether directly or indirectly is subject to disciplinary action. Rule 9.01A 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. Guballa vs. Caguioa, 78 SCRA 302 A lawyer is prohibited from taking as partner or associate any person who is not authorized to practice law to appear in court or to sign pleadings. A lawyer, who is under suspension from practice of law is not a member of the Bar in good standing. A lawyer whose authority to practice has been withdrawn due to a change in citizenship or allegiance to the country cannot appear before the courts. Comments of IBP Committee, pp. 47-48 A lawyer can employ lay secretaries, lay investigators, lay detectives, lay researchers, accountants or non-lawyer draftsmen, to undertake any task not involving practice of law. He may also avail himself of the assistance of law students in many of the fields of the lawyers work, such as the examination of a case law, finding and interviewing witness, examining court records, delivering papers, and similar matters. Rule 9.02.A lawyer shall not divide or stipulate a fee for legal service with persons not licensed to practice law, except: where there is a pre-existing agreement with the 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 where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or where the lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole as in part, on a profit-sharing arrangement. Five J Taxi v. NLRC

33, As a non-lawyer, Pulia is not entitled to attorneys fees even though he is the authorized representative of the respondents to the NLRC. The existence of an attorneys fee imputes an attorney-client relationship. This cannot happen between Pulia and respondents. CHAPTER III THE LAWYER AND THE COURTS CANON 10 A lawyer owes candor, fairness and good faith to the court. Langen vs. Borkowski, 188 Wis 277, 43 ALR 622 (1925) A lawyer owes the court the duty to render no service or to do no act which involves disrespect to the judicial office adoption of legal proposition which is not honestly debatable artifice or false statement of fact or law to mislead the court unlawful conspiracy with his client, a third person or a judge tending to frustrate or delay the administration of justice or to secure for his client that which is not legally or justly due him A.B.A. Op. 280 / Canon 5, 15 of CPE A lawyer, however, though an officer of the court and charged with the duty of candor and fairness, is not an umpire but an advocate. He is under no duty to refrain from making every proper argument in support of any legal point because he is not convinced of its inherent soundness. His personal belief in the soundness of his cause or of the authorities supporting it is irrelevant. Muoz vs. People, 53 SCRA 190 The burden cast on the judiciary would be intolerable if it could not take at face value what is asserted by counsel. The time that will have to be devoted just to the task of verification of allegations submitted could easily be imagined. Even with due recognition then that counsel is expected to display the utmost zeal in defense of a clients cause, it must never be at the expense of deviation from the truth. 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 mislead by any artifice. People vs. Manobo, 18 SCRA 30 (1996) A lawyer should not, in the defense of his client, put a witness on the stand whom he knows will give a false testimony. He should not distort the facts in disregard of the truth and the law nor make improvident arguments based thereon or on the facts on record. Some Cases of Falsehoods Which Merited Discipline Lawyers falsely stating in a deed of sale that property is free from all liens and encumbrances when it is not so (Sevilla vs. Zoleta, 96 Phil. 979);

34, Lawyers making it appear that a person, long dead, executed a deed of sale in his favor (Monterey vs. Arayata, 61 Phil. 820); Lawyer, encashing a check payable to a deceased cousin by signing the latters name on the check (In re: Samaniego, 90 Phil. 382); Lawyer falsifying a power of attorney and used it in collecting the money due to the principal and appropriating the money for his own benefit (In re: Rusina, 105 Phil. 1328); Lawyer alleging in one pleading that his clients were merely lessees of the property involved, and alleged in a later pleading that the same clients were the owners of the same property (Chavez vs. Viola, G.R. 2152, 19 April 1991) where there are false allegations in peadlings. Lawyer uttering falsehood in a Motion to Dismiss (Martin vs. Moreno, 129 SCRA 315). Lawyer denying having received the notice to file brief which is belied by the return card (Ragacejo vs. IAC, 153 SCRA 462). Lawyer presenting falsified documents in court which he knows to be false (Bautista vs. Gonzales, 182 SCRA 151) or introducing false evidence (Berrenguer vs. Carranza, 26 SCRA 673). Lawyer filing false charges or groundless suits (Retuya vs. Gorduiz, 96 SCRA 526). Art. 184, Revised Penal Code Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section. 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 the 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. Insular Life Assurance Co. Employees Association v. Insular Life Assurance Co., 37 SCRA 244 (1971) x x x in citing the Courts decision and rulings, it is the duty of courts, judges and lawyers to reproduce or copy the same word-for-word and punctuation mark-forpunctuation mark. xxx. Article 8 of Civil Code reads: Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines. Ever present is the danger that if not faithfully and exactly quoted, the decisions and rulings of the SC may lose their proper and correct meaning, to the detriment of other courts, lawyers and public who may thereby be misled. Adez Realty v. CA, 215 SCRA 301 (1992)

35, x x x The legal profession demands that lawyers thoroughly go over pleadings, motions, and other documents dictated or prepared by them, typed or transcribed by their secretaries or clerks, before filing them with the court. If a client is bound by the acts of his counsel, with more reason should counsel be bound by the acts of his secretary who merely follows his orders. Banogon vs. Zerna, 154 SCRA 593 Lawyers must not intentionally misread or interpret the law to the point of distortion in cunning effort to achieve their purposes. Rule 10.03.A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. Aguinaldo vs. Aguinaldo, 36 SCRA 137 The aim of the lawsuit is to render justice to the parties according to law. Procedural rules are precisely designed to accomplice such a worthy objective. Necessarily, therefore, any attempt pervert the ends for which they are intended deserves condemnation. Canlas vs. Court of Appeals, 164 SCRA 160 A litigation is not a game of technicalities of which one, more deeply schooled and skilled in the subtle art of movement and position, entraps and destroys the other. It is rather, a contest in which each contending party fully and fairly lays before the court the facts in issue and then, brushing aside as wholly trivial and indecisive all imperfections of form and technicalities of procedure, asks that justice be done upon merits. Macias vs. Uy Kim, 45 SCRA 251 Procedural rules are instruments in the speedy and efficient administration of justice. They should be used to achieve such end and not to derail it. Thus, the filing by a lawyer by a multiple petitions regarding the same subject matter constitutes abuse of the courts processes and improper conduct that tends to obstruct and degrade the administration of justice. Garcia vs. Francisco, 220 SCRA 512 (1993) A lawyer should not abuse his right of recourse to the courts for the purpose of arguing a cause that had been repeatedly rebuffed. Neither should he use his knowledge of law as an instrument to harass a party nor to misuse judicial processes, as the same constitutes serious transgression of the Code of Professional Responsibility. For while he owes fidelity to the cause of his client, it should not be at the expense of truth and the administration of justice. Gomez vs. Presiding Judge, 249 SCRA 432 (1995) As an officer of the court, a lawyer should not misuse the rules of procedure to defeat the ends of justice or unduly delay or impede the execution of final judgment, otherwise he may be subjected to disciplinary sanctions.

36, CANON 11 A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others. A lawyer is an officer of the court (Salcedo vs. Hernandez, 61 Phil. 724). He occupies a quasi-judicial office with a tripartite obligation to the courts, to the public and to his clients.(Cantorne vs. Ducosin, 57 Phil. 23). The public duties of the attorney takes precedence over his private duties. His first duty is to the courts. Where duties to the courts conflict with his duties to his clients, the latter must yield to the former (Langen vs. Borkowski, 43 ALR 622). The respect is not only toward the Justices and Judges but also to other officers of the Courts like Clerk of Court, Sheriffs and other judicial officers who take part in the judicial work. Facts: A lawyer files groundless administrative charges against a judge who has rendered an unfavorable judgment against him for purposes of harassing said judge and in hopes that such administrative charges will secure a favorable judgment from the appellate courts which have taken cognizance of the latters appeal. (Choa vs. Chiongson, 260 SCRA 477, August 9, 1996). Ruling: Any criticism against a judge made in the guise of an administrative complaint which is clearly unfounded and implied by ulterior motive will not excuse the lawyer responsible therefore under his duty of fidelity to his client. Lawyers, as officers of the court, should not encourage groundless administrative cases against court officers and employees. Guerrero v. Villamor, 179 SCRA 355 (1989) x x x The power to punish for contempt should be used sparingly, so much so that judges should always bear in mind that the power of the court to punish for contempt should be exercised for purposes that are impersonal. It is intended as a safeguard not for judges as persons but for the functions that they exercise. x x x Be that as it may, lawyers, on the other hand, should bear in mind their basic duty to observe and maintain the respect due to the courts of justice and judicial officers and xxx to insist on similar conduct by others. Abiera v. Maceda, 233 SCRA 520 (1994) x x x Complainant should be reminded of his primary duty to assist the court in the administration of justice. It bears stressing that the relations between counsel and judge should be based on mutual respect and on a deep appreciation by one of the duties of the other. It is upon their cordial relationship and mutual cooperation that the hope of our people for speedy and efficient justice rests. De Leon vs. Torres, 99 Phil.463

37, However erroneous they may be, court orders must be respected by lawyers who are themselves officers of the court. Rule 11.01.A lawyer shall appear in court properly attired. Lawyers who appear in court must be properly attired. The traditional attires for male lawyers in the Philippines are the long-sleeve Barong Tagalog or coat and tie. Female lawyers appear in a semi-formal attires. Judges also appear in the same attire in addition to black robes. The Court can hold the lawyer in contempt of court if he appears not in proper attire. Rule 11.02.A lawyer shall punctually appear at court hearings. Counsel may even be held in contempt in coming late in the hearing or trial of case (Rule 71, Section 3 (a) RRC) or for failing to appear in a trial (People vs. Gagul, 2 SCRA 752). Cantelang vs. Medina, 91 SCRA 403 (1979) He owes it not only to his client but to the court and the public as well to be punctual in attendance and to be concise and direct in the trial and disposition of causes. Rule 11.03.A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts. Surigao Mineral Reservation Board vs. Cloribel, 31 SCRA 1 (1970) A lawyers language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession. A lawyer who uses intemperate, abusive, abrasive or threatening language shows disrespect to the court, disgraces the bar and invites the exercise by the court of its disciplinary power. Buenaseda vs. Flavier, 226 SCRA 645, 770 (1993) The language of a lawyer, both oral and written, must be respectful and restrained in keeping with the dignity of the legal profession and with his behavioral attitude toward his brethren in the profession. The use of abusive language by counsel against the opposing counsel constitutes at the same time a disrespect to the dignity of the court justice. Moreover, the use of impassioned language in pleadings, more often than not, creates more heat than light. Baja vs. Macandog, 158 SCRA 391 (1988) It must not, however, forgotten that a lawyer pleads; he does not dictate. He should be courageous, fair and circumspect, not petulant or combative or bellicose in his dealings with the court.

38, Sangalang v. IAC, 177 SCRA 87 (1989) x x x Atty. Sangco is entitled to his opinion, but not to a license to insult the Court with derogatory statements and recourses to argumenta ad hominem. x x x Of course, the Court is not unreceptive to comments and critique of its decisions, provided that they are fair and dignified. Paragas vs. Cruz, 14 SCRA 809 A mere disclaimer of any intentional disrespect by appellant is no ground for exoneration. His intent must be determined by a fair interpretation of the languages by him employed. He cannot escape responsibility by claiming that his words did not mean what any reader must have understood them as meaning. Zaldivar vs. Gonzales, 166 SCRA 316 The lawyers duty to render respectful subordination to the courts is essential to the orderly administration of justice. Hence, in the assertion of the clients rights, lawyers even those gifted with superior intellect, are enjoined to rein up their tempers. Rule 11.04.A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. Maceda vs. Ombudsman, G.R. No. 102781, April 22, 1993 A lawyer has the duty to defend a judge from unfounded criticism or groundless personal attack. This is irrespective of whether he loses or wins his cases in the sala of a judge. However, such duty does not prevent a lawyer from filing administrative complaints against erring judges or from accepting cases of clients who have legitimate grievances against them. In doing so, the complaint must be filed with proper authorities only, that is, with the Supreme Court (through the Office of the Court Administrator), if the case is administrative in nature, or with the Office of the Ombudsman if the complaint is criminal and not purely administrative in nature. In re: Aguas, 1 Phil. 1 There are times when it is the judge who misbehaved during a court proceeding. The affected lawyer may demand that the incident be made of record. This act of the lawyer is not contemptuous. People vs. Carillo, 77 Phil. 583 Counsel must be courageous enough to point out errors, arbitrariness, and injustices of courts and judges. The fear of provoking displeasure of the affected judges must not deter them from complying with their civil and legal duty to object to, oppose, and protest against illegal or erroneous judicial decisions, resolutions, acts or conduct. Judges and tribunals are not infallible. In re: Almacen, 31 SCRA 562 (1970) X x x Every citizen has the right to comment upon and criticize the actuations of public officers. This right is not dismissed by the fact that the criticism is aimed at a

39, judicial authority, or that it is articulated by a lawyer. Such right is especially recognized where the criticism concerns a concluded litigation, because then the courts actuations are thrown open to public consumption. Courts thus treats with forbearance and restraint a lawyer who vigorously assails their actuations for courageous and fearless advocates are the strands that weave durability into the tapestry of justice. Hence as citizen and officer of the court, every lawyer is expected not only to exercise the right, but also to consider it his duty to expose the shortcomings and indiscretions of courts and judges. But it is the cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety. Post litigation utterances or publications made by lawyers, critical of the courts and their judicial actuations, whether amounting to a crime or not, which transcend the permissible bounds of fair comment and legitimate criticism and thereby tend to bring them into dispute or to subvert public confidence in their integrity and in the orderly administration of justice, constitute grave professional misconduct which may be visited with disbarment or other lesser appropriate disciplinary sanctions by the SC in the exercise of the prerogatives inherent in it as the duly constituted guardian of the morals and ethics of the legal fraternity. x x x It is not accurate to say, nor is it an obstacle to the exercise of the Courts authority in the premises, that, as Atty. Almacen would have appear, the members of the Court are the complainants, prosecutors and judges all rolled up into one in this instance. This is an utter misapprehension, if not a total distortion, not only of the nature of the proceeding at hand but also of the Courts role therein. Accent should be laid on the fact that disciplinary proceedings like the present are sui generis. Neither purely civil nor criminal, this proceeding is not and does not involve a trial of an action or a suit, but is rather an investigation by the Court into the conduct of its officers. Not being intended to inflict punishment, it is in no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor therein. It may be initiated by the court motu proprio. Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of the attorney. In such posture, there can thus be no occasion to speak of a complainant or a prosecutor. Choa vs. Chiongson, 260 SCRA 477 (1996) The right of a lawyer to comment on a pending litigation or to impugn the impartiality of a judge to decide it is much circumscribed. What he can ordinarily say against a concluded litigation and the manner the judge handed down the decision therein may not generally be said to a pending action. The court, in a pending litigation, must be shielded from embarrassment or influence in its all important duty of deciding the case. In re: Lozano, 54 Phil. 801 A lawyer envoys a wider latitude of comment on crisis or criticism of the judges decision or his actuation. It has been held that a newspaper publication tending to impede,

40, 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. Facts: Atty. X, while trying his clients case, filed several manifestations which contained veiled threats against court. He also imputed that the court should decide in his favor to help dispel the image of the court as being composed of only the elite but who are nonetheless ignorant. (In re: Ponciano B. Jacinto, 159 SCRA 471, April 6, 1998) Ruling: Repeatedly insulting and threatening the Court in a most boorish and insolent manner, making irresponsible charges and insinuations that besmirch the highest tribunal and undermine popular faith in its integrity, reflects a supercilious and contemptuous regard for the Court, which cannot be left unnoticed and unpunished. 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 personnel thereof. Maceda v. Vasquez, 221 SCRA 464 (1993) x x x Art. VII Sec. 6 of the 1987 Constitution exclusively vests in the Supreme Court administrative supervision over all courts and court personnel, from the Presiding Justice of the Court of Appeals down to the lowest municipal court clerk. By virtue of this power, it is only the SC that can oversee the judges and court personnels compliance with all laws, and take the proper administrative action against them if they commit any violation thereof. No other branch of the government may intrude into this power, without running afoul of the doctrine of the separation of powers. The Ombudsman cannot justify its investigation of petitioner on the powers granted to it by the Constitution, for such a justification not only runs counter to the specific mandate of the Constitution granting supervisory powers to the SC, but likewise undermines the independence of the judiciary. xxx xxx where a criminal complaint against a judge or other court employee arises from their administrative duties, the Ombudsman must defer action on said complaint and refer the same to the Court for determination whether said judge or court employee had acted within the scope of their administrative duties. Maglasang v. People, 190 SCRA 306 (1990) X x x The Supreme Court is supreme the third great department of government entrusted exclusively with the judicial power to adjudicate with finality all justiciable disputes, public and private. No other department or agency may pass upon its judgment or declare them unjust. Consequently and owing to the foregoing, not even the President of the Philippines as Chief Executive may pass judgment on any of the Courts Acts. Urbina vs. Maceren, 57 SCRA 403 (1974)

41, The duty of the bar to support the judge against unjust criticism and clamor does not, however, preclude a lawyer from filing administrative complaints against erring judges or from acting as counsel for clients who have legitimate grievances against them. But the lawyer should file charges against the judge before the proper authorities only and only after proper circumspection and without the use of disrespectful language and offensive personalities so as not to unduly burden the court in the discharge of its functions. CANON 12 A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. Rule 138, S. 20 (g) It is the duty of attorneys not to encourage suits or delay any mans cause from any corrupt motive or interest. Const., Art. III, Sec. 16 All persons have the right to speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies. People vs. Jardin, 124 SCRA 167 The dilatory tactics of the defense counsel and the failure of both the judge and the fiscal to take effective counter measures to obviate the delaying acts constitute obstruction of justice. Cantorne vs. Ducosin, 57 Phil. 23 (1932) Any act on the part of a lawyer that obstructs, perverts or impedes the administration of justice constitutes misconduct and justifies disciplinary action against him 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, and the evidence he will adduce and the order of its profference. He should also be ready with the original documents for comparison with the copies. A lawyer is not adequately prepared unless he has a mastery of the facts of his case, the law and jurisprudence applicable thereto and upon which he can appropriately anchor his theory or instance. He must have collated every piece of evidence essential to establish his case and essential to demolish the pretense of the opponents theory and capable of presenting and offering his evidence in an orderly and smooth manner without provoking valid objections. Villasis vs. Court of Appeals, 60 SCRA 120 A newly hired counsel who appears in a case in the midstream is presumed and obliged to acquaint himself with all the antecedent processes and proceedings that have transpired in the record prior to his takeover. Martins Legal Ethics, p. 47, 1988 ed.

42, Half of the work of the lawyer is done in the office. It is spent in the study and research. Inadequate preparation obstructs the administration of justice. Rule 12.02A lawyer shall not file multiple actions arising from the same cause. Restrictions are intended to prevent forum-shopping (which is the improper practice of going from one court to another in the hope of securing a favorable relief in one court which another court has denied). Forum Shopping exists when as a result of an adverse opinion in one forum: a party seeks favorable opinion (other than by appeal or certiorari) in another, or when he institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or the other would make a favorable disposition (Benguet Electric Corp. vs. Flores 287 SCRA 449, March 12, 1998). First Phil. International Bank vs. Court of Appeals, 252 SCRA 259 (1996) The test in determining whether a party has violated the rule against forum shopping is: whether the elements of litis pendentia are present; or whether a final judgment in one case will amount to res judicata in the other. Paredes vs. Sandiganbayan, 252 SCRA 641 (1996) The mere filing of several cases based on the same incident does not necessarily constitute forum shopping. The question is whether the several actions filed involve the same transactions, essential facts and circumstances. If they involve essentially different facts, circumstances and causes of action, there is no forum shopping. Garcia vs. Francisco, AC No. 3923, March 30, 1993 A lawyer owes fidelity to the cause of his client but not at the expense of truth and the administration of justice. By grossly abusing his right of recourse to the courts for the purpose of arguing a cause that had been repeatedly rebuffed, he was disdaining the obligation of the lawyer to maintain only such actions or proceedings, as appear to him to be just and such defenses only as he believes to be honestly debatable under the law. By violating his oath not to delay any man for money or malice, he has besmirched the name of an honorable profession and has proved himself unworthy of the trust reposed to him by law as an officer of the Court. Three Ways in which the Forum Shopping is Committed: 1.Going from one court to another in the hope of securing a favorable relief in one court, which another court has denied.2.Filing repetitious suits or proceeding in different courts concerning the same subject matter after one court has decided the suit with finality.3.Filing a similar case in a judicial court after receiving an unfavorable judgment from an administrative tribunal. Last par., Sec. 5, Rule 7, ROC Failure to comply with the requirements for, the submission of a certification against forum shopping in initiatory pleadings shall not be curable by mere amendment

43, of the complaint or other initiatory pleading, but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings in a certification of no forum shopping 1. shall constitute indirect contempt of court 2. 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: 1. ground for summary dismissal with prejudice; and shall 2. constitute direct contempt, as well as 3. cause for administrative sanctions. Q.Theresa gave birth to a baby boy by caesarian operation. A week after her discharge from the hospital, she felt incessant pain in her abdomen and, upon consultation with an obstetrician, it was discovered that a medical instrument and a swab of cotton were left inside her abdomen by the doctor who conducted the caesarian operation. Theresa then filed a criminal case against the doctor in the RTC and an administrative case with the Professional Regulations Commissions. Having been informed of the filing of the case in the RTC of which you were the presiding judge and before the PRC almost simultaneously, how would you dispose of the criminal case in your court? A.I would proceed with the hearing of the criminal case. There is no forum shopping in this case because the two actions are based on different causes of action. The case before the PRC is based on malpractice while the criminal case in the RTC is based on negligence. Q.X sustained physical injuries due to a motor vehicle collision between the car he was driving and the public utility bus, requiring her confinement for 30 days at ABC hospital. After her release from the hospital, she filed a crminal complaint against the bus driver for serious physical injuries through reckless imprudence before the Makati Prosecutors Office. She also filed civil complaint before the Paraaque RTC against the bus driver and operator for compensatory, moral, exemplary and other damages. Aside from the two complaints, she additionally filed an administrative complaint against the bus operator with the LTFRB for cancellation or suspension of the operators franchise. Would you say that she and her lawyer were guilty of forum-shopping? A.NO. There is no forum-shopping in the simultaneous filing of criminal case and a civil case in this instance. Art. 33 of the Civil Code allows the filing of an injured party of a civil action for damages entirely separate and distinct from the criminal action in cases of defamation, fraud and physical injuries. There is also no forum-shopping involved in filing administrative complaint against the operator of LTFRB. It is for a different cause of action, the cancellation or suspension of operators franchise. Rule 12.03.A lawyer shall not, after obtaining extensions to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so.

44, Achacoso vs. Court of Appeals, 51 SCRA 424 The court censures the practice of counsels who secures repeated extensions of time to file their pleadings and thereafter simply let the period lapse without submitting the pleading on even an explanation or manifestation of their failure to do so. There exists a breach of duty not only to the court but also to the client. Rule 12.04.A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. The aim of a suit is to render justice to the parties according to law and free from the laws delay. Rules of procedure are designed to accomplish such objective. A lawyer should use the rules for this purpose and not for its frustration. The lawyer has the duty to temper his clients propensity to litigate. If a lawyer is honestly convinced of the futility of an appellate review or appeal in a civil suit he should not hesitate to inform his client that most likely the verdict would not be altered. Garcia v. Francisco, 220 SCRA 512 (1993) X x x A lawyer owes fidelity to the cause of his client but not at the expense of truth and the administration of justice. X x x By grossly abusing the right of recourse to the courts for the purpose of arguing a cause that had been repeatedly rebuffed, he was disdaining the obligation of the lawyer to maintain only such actions or proceedings as appear to him to be just and such defenses only as he believes to be honestly debatable under the law. By violating his oath not to delay a man for money or malice, he has besmirched the name of an honorable profession and has proved himself unworthy of the trust reposed in him by law as an officer of the Court. Perez vs. Lazatin, 23 SCRA 645 Lawyers should not resort to nor abet the resort of their clients, to a series of actions and petitions for the purpose of thwarting the execution of a judgment that has long become final and executory. People vs. Jardin, 124 SCRA 167 A judge should be quick enough to prevent a lawyer from resorting to dilatory tactics which obstruct the administration of justice. Rule 12.05.A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination. Purpose is to prevent the suspicion that he is coaching the witness what to say during the resumption of the examination. The rationale therefore of this rule is to uphold and maintain fair play with the other party and to prevent the examining lawyer from being tempted to coach his own witness to suit his purpose.

45, Rule 12.06.A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. A lawyer may lawfully and ethically interview witnesses in advance of trial as in fact it is his duty as part of his preparation for trial. Canon 39, CPE A lawyer may properly interview any witness or prospective witness for the opposing side in any civil or criminal action without the consent of opposing counsel or party. He should scrupulously avoid any suggestion calculated to induce the witness to suppress or deviate from the truth, or in any degree to affect his free and untrammeled conduct when appearing at a trial or on the witness stand. The witness who commits the misrepresentation is criminally liable for False Testimony either under Art. 181, 182 or 183, Revised Penal Code depending upon the nature of the case. The lawyer who induces a witness to commit false testimony is equally guilty as the witness. Art. 184, Revised Penal Code The lawyer who presented a witness knowing him to be a false witness is criminally liable for Offering False Testimony In Evidence The lawyer who is guilty of the above is both criminally and administratively liable. Subornation of perjury Subornation of perjury is committed by a person who knowingly and willfully procures another to swear falsely and the witness subornated does testify under circumstances rendering him guilty of perjury (U.S. vs. Ballena, 18 Phil. 382). People vs. Bautista, 76 Phil. 184 (1946) Aside from the fact that the testimony of a witness who admits having been instructed what to say may not be relied upon by the court, a lawyer who presents a witness whom he knows will give a false testimony may be subjected to disciplinary action. Q.Jaja testified as a witness in case that Atty. Isip is handling. When the case terminated, Jaja asked for her fees from Atty. Isip. Can Jaja compel said counsel to pay her? A.NO. A lawyer may not pay (or guarantee, or allow the client to pay) the amount to witness other than reasonable reimbursement for their expenses and loss of time. Of course an expert witness may be paid a reasonable fee for services, both in testifying and pre-trial preparation. However, under no circumstances may the lawyer agree to pay even an expert witness a fee contingent upon the content of the witness testimony and/or the outcome of the proceeding. Rule 12.07. A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.

46, 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 a witness: to be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; not to be detained longer than the interest of justice requires; not to be examined except only as to matters pertinent to the issue; not to give an answer which will tend to be subject him to penalty for an offensive unless otherwise provided by law; 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 final conviction for an offense. (Rule 132, Sec. 3, ROC) Rule 12.08.A lawyer shall avoid testifying in behalf of his client, except: on formal matters, such as mailing, authentication or custody of an instrument and the like; or on substantial matters, in cases where his testimony is essential to the end of justice, in which even he must, during hi testimony, entrust the trial of the case to another counsel. PNB v.Tieng Piao, 57 Phil 337 (1932) x x x although the law does not forbid an attorney to be a witness and at the same time an attorney in a case, the courts prefer that counsel should not testify as a witness unless it is necessary, and that they should withdraw from the active management of the case. 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 or influencing the Court. In prosecuting or defending cases, the lawyer must be guided by the principles of justice. He must rely on the merits of his cases and should avoid using influence and connections to win his cases. His cases must be won because they are meritorious and not because of connections, clout, dominance or influence. Rule 13.01.A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for, cultivating familiarity with Judges. Canon 3, CPE A lawyer should avoid marked attention and unusual hospitality to a judge, uncalled for by the personal relations of the parties, because they subject him and the judge to misconceptions of motives. Report of IBP Committee, p. 70 In order not to subject both the judge and the lawyer to suspicion, the common practice of some lawyers of making judges and prosecutors godfathers of their children to

47, enhance their influence and their law practice should be avoided by judges and lawyers alike. Austria vs. Masaquel, 20 SCRA 1247 It is improper for a litigant or counsel to see a judge in chambers and talk to him about a matter related to the case pending in the court of said judge. Rule 13.02.A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Cruz v. Salva, 105 Phil 1151 (1951) X x x Members of the court were greatly disturbed and annoyed by such sensationalism, which may be laid at the door of Salva. In this, he committed a grievous error and poor judgment. His actuations in this regard went well beyond the bounds of prudence, discretion, and good taste. It is bad enough to have such undue publicity when a criminal case is being investigated by the authorities, even when it is being tried in court; but when said publicity is encouraged when the case is on appeal and is pending consideration by this court, the whole thing becomes inexcusable, even abhorrent. Marcelino vs. Alejandro, 32 SCRA 106 In order to warrant a finding of prejudicial publicity, there must be an allegation and proof that the judges have been unduly influenced, not simply that they might be, by the barrage of publicity. In re: Gomez, 43 Phil. 376 If the counsel instigated or induced his client to make the public statement or publicity in the media involving a pending case to arouse public opinion and to influence the judge, both the client and the lawyer maybe subjected to contempt of court. After the case had already been finished, the rule in progressive jurisdictions is that, courts are subject to the same criticism as other people. In re: Lozano, 54 Phil. 801 In a concluded litigation, a lawyer enjoys a wider latitude of comment on or criticize the decision of s judge or his actuation. Thus, it has been held that 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. Rule 13.03.A lawyer shall not brook nor invite interference by another branch or agency in the government in the normal course of judicial proceedings. Bumanglag vs. Bumanglag, 74 SCRA 92 When a case is already within the jurisdiction of a court, the lawyer should not cause or seek the interference of another agency of the Government in the normal course of judicial proceedings. CHAPTER IV THE LAWYER AND THE CLIENT

48,

Regala vs. Sandiganbayan, G.R. No. 105938 (Sept. 20, 1996) Historically, the nature of the lawyer-client relationship is premised on the Roman Law concepts: locatio conduction operarum (contract of lease of services) where one lets his services for compensation and another hires them without reference to the object which the services are to be performed; and mandato (contract of agency) whereby a friend on whom reliance could be placed makes a contract in his name but gives up all that he gained by the contract to the person who requested him. In a modern day understanding of the lawyer-client relationship, an attorney is more than a mere agent or servant because he possesses special powers of trust and confidence reposed on him by his client. He is also as independent as a judge, with powers entirely different from and superior to those of an ordinary agent. Rule 138, Section 21, Rules of Court The relation of attorney and client begins from the time an attorney is retained. The term retainer may refer either of two concepts. It may refer to the act of a client by which engages the services of the attorney: to render legal advice, or to defend or prosecute his cause in court. It is general or special. A general retainer is one the purpose of which is to secure before hand the services of an attorney for any legal problem that may afterward arise. A special retainer has reference to a particular case or service. The word retainer may also refer to the fee which a client pays to an attorney when the latter is retained known as retaining fee. A retaining fee is a preliminary fee paid to insure and secure his future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party and of receiving pay from him, and the payment of such fee, in the absence of an agreement on the contrary, is neither made nor received in consideration of the services contemplated; it is apart from what the client has agreed to pay for the services which he has retained him to perform. Its purpose is to prevent undue hardship on the part of the attorney resulting from the rigid observance of the rule forbidding him from acting as counsel for the other party has been retained by or has given professional advice to the opposite party. Existence of Attorney-Client Relationship a.Documentary Formalism NOT an essential element in the employment of an attorney, contract may be EXPRESSED OR IMPLIED. b. Implied acceptance it is sufficient that advice and assistance of an attorney is sought and received in any matter pertinent to his profession; it is enough that a lawyer acceded to a clients request. Rule 138, Section 21, Rules of Court

49, An attorney has no power to act as counsel or legal representative for a person without being retained nor may he appear in court for a party without being employed unless by leave of court. There must be a contract of employment, express or implied, between him and the party he purports to represent or the latters authorized agent. If he corrupt or willfully appears as an attorney for a party to a case without authority, he may be disciplined or punished for contempt as an officer of the court who has misbehaved in his official transaction. Moreover, neither the litigant whom he purports to represent nor the adverse party may be bound or affected by his appearance unless the purported client ratifies or is estopped to deny his assumed authority. Dee vs. Court of Appeals, 176 SCRA 651 (1989) The absence of a written contract will not preclude a finding that there is a professional relationship. Documentary formalism is not an essential element in the employment of an attorney; the contract may be express or implied. 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. An acceptance of the relation is implied on the part of the attorney from his acting on behalf of his client in pursuance of a request from the latter. If a person, in respect to his business affairs or any troubles of any kind, consults with his attorney in his professional capacity with the view to obtaining professional advice or assistance and the attorney voluntarily permits or acquiesce in such consultation, as when he listens to his clients preliminary statement of his case or gives advice thereon, then the professional employment is regarded as established just as effective as when he draws his clients pleading or advocates his clients cause in court. Termination of a Counsels Services1. The withdrawal as counsel of a client or the dismissal by the client of his counsel must be made in a FORMAL PETITION filed in the case (WITHDRAWAL OF RECORD) 2.Atty-client relationship does not terminate formally until there is withdrawal made of record. 3.Unless properly relieved, counsel is responsible for the conduct of the case. Hilado vs. David, 84 Phil. 569 (1949) The employment of a law firm is equivalent to the retainer of the member thereof even though only one of them is consulted; conversely, the employment of one member is generally considered as employment of the law firm. B.R. Sebastian Enterprises, Inc. vs. Court of Appeals, 206 SCRA 28 (1992) The death of a partner, who was the one handling the case for the law firm, did not extinguish the lawyer-client relationship; the responsibility to continue representation and file required pleading devolve upon the remaining lawyers of the firm, until they have withdrawn from the case, the negligence of the latter binds the client. Seva vs. Nolan, 64 Phil. 374 (1937) A wife in any of the instances where she may prosecute or defend an action without the necessity of joining her husband as a party litigant has the authority to engage

50, the services of counsel even without her husbands consent. She cannot, however, bind the conjugal partnership for the payment of the fees of her lawyer without the husbands authority, except in a suit between her and her husband which she is compelled to institute or resist to protect her rights, to a successful conclusion. CANON 14 A lawyer shall not refuse his services to the needy. The relation of attorney and client may be created not only by the voluntary agreement between them but also by the appointment of an attorney as counsel de oficio for a poor or indigent litigant, and the attorney so appointed has as high a duty to the indigent as to his paying client. 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 1138, S. 20(h). Duty of attorneys: x x x never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed. Rule 138, s.20 (i). In the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion to the guilt of the accused to present every evidence 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 however is not applicable in civil cases because of obvious reasons. It is the lawyers duty (c) To counsel or maintain such actions or proceedings only as appear o him to be just, and such defenses only as he believes to be honestly debatable under the law. (Rule 138, section 20 (c), RRC) when the lawyer signs a complaint or answer, his signature is deemed a certification by him that he has read the pleading; that to the best of his knowledge, information and belief, there is good ground to support xxx (Rule 7, Section 5, ROC). For violating this rule, the lawyer may be subjected to disciplinary action. Rule 14.02.A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid.

51, COUNSEL DE OFFICIO Rule 138, s. 31. Attorneys for destitute litigants: A court may assign an attorney to render professional aid free of charge to any party in case, if upon investigation it appears that the party 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, s.7 Appointment of counsel de oficio WHO: members of the bar in good standing; any person, resident of the province and of good repute for probity and ability, in localities without lawyers WHAT CONSIDERED: gravity of offense difficulty of questions that may arise experience and ability of appointee AMICUS CURIAE Rule 138, s. 36 Experienced and impartial attorneys may be invited by the court to appear as amici curiae to help in the disposition of issues submitted to it. Definition: bystander; friend of the court whose function is to remind the court or tribunal of some matter which otherwise might escape its notice and in regard to which it might be wrong. One who gives information upon some question of law in regard to which the judge is doubtful or mistaken, or upon a matter of which the court may take judicial cognizance. Rule 14.03.A lawyer may not refuse to accept representation of an indigent client unless: he is no position to carry out the work effectively or competently; he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client; The rule involves indigent clients who come to a lawyer for legal services. Under Rule 138, Section 31 of the Rules of Court, a judge may assign a lawyer to render a professional service free of charge to any party in a case, if upon investigation, it appears that the party is destitute and unable to employ an attorney. The lawyer assigned must render the required legal service unless he is excused therefrom by the court for sufficient of cause shown. 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. Blanza vs. Arcangel, 21 SCRA 1

52, If a lawyer volunteers his services to a client, and therefore not entitled to attorneys fees, nevertheless, he is bound to attend to a clients case with all due diligence and zeal. By volunteering his services, he has established a client-lawyer relationship. CANON 15 A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his clients. As a general rule, a client is bound by his counsels conduct except when incompetence of counsel is so great that the defendant is prejudiced and prevented from fairly presenting his defense. Suarez vs. CA A lawyer owes absolute fidelity to the cause of his client. He owes his client full devotion to his interest, warm zeal in the maintenance and defense of his rights. In the instant case, Atty. San Luis was unquestionably negligent. His negligence consisted in his failure to attend the hearings, his failure to advise petitioner that he was going abroad and his failure to withdraw properly as counsel for petitioner. Oparel, Sr. vs. Abara, 40 SCRA 128 (1971) It demands of an attorney an undivided allegiance, a conspicuous and high degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity and absolute integrity in all his dealings and transactions with his clients and an utter renunciation of every personal advantage conflicting in any way, directly or indirectly, with the interest of his client. Rule 15.01.A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict or his own interest, and if so, shall forthwith inform the prospective client. A lawyer has the duty to disclose and explain to the prospective client all circumstances of his relation to the parties and any interest in connection with the controversy, which in his judgment might influence his client, in so far as will enable him to decide whether to accept the case. It is his duty to decline employment in any matter, which may involve conflicting interests. Sta. Maria vs. Tuazon, 11 SCRA 562 The fact that the respondent has placed his private personal interest over and above that of his clients constitutes a breach of a lawyers oath, to say at least. Rule 15.02.A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client. This rule applies even if the prospective client does not thereafter retain the lawyer of the latter declines the employment. The reason for the rule is to make prospective client feel free to discuss whatever wishes with the lawyer without fear that

53, what he tells the lawyer will not be divulged nor used against him and the lawyer to be equally free to obtain information from the prospective client. Report of IBP Committee, p. 81 The purpose of the attorney-client relationship is two-fold: (a) First, to encourage a client to make a full disclosure of the facts of the case to his counsel without fear, and (b) second, to allow the lawyer to obtain full information from his client. Canon 21, CPR A lawyer shall preserve the confidences and secrets of his client even after the attorney-client relation is terminated. Rule 130, Section 24 (b) RRC An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him or his advice given thereon in the course of professional employment; nor can an attorneys secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity. Requisites of Privileged Communication: There is an attorney-client relationship or a kind of consultancy requirement with a prospective client; The communication was made by the client to the lawyer in the course of the lawyers professional employment; The communication must be intended to be confidential. Baldwin vs. Comm. Of Internal Revenue, 125 F 2d 812, 141 LRA 548 The privilege continues to exist even after the termination of the attorney-client relationship. It outlasts the lawyers engagement. The privileged character of the communication ceases only when waived by the client himself or after his death, by the heir or legal representative. People vs. Sleeper, 46 Phil. 625 The party who avers that the communication is privileged has the burden of proof to establish the existence of the privilege unless from the face of the document itself, it clearly appears that it is privileged. The mere allegation that the matter is privileged is not sufficient. The communication (knowledge or information) or the physical object must have been transmitted to the counsel by the client for the purpose of seeking legal advise. Otherwise, there is no privileged communication. Canon 37, CPE The privilege is limited or has reference only to communications which are within the ambit of lawful employment and does not extend to those transmitted in contemplation of future crimes or frauds.

54, However, the information on crimes or frauds already committed falls within the privilege and the lawyer cannot reveal or be compelled to reveal the confidences of the client. Characteristics of the Attorney-Client Privilege 1.A-C privilege where legal advice is professionally sought from an attorney.2.The client must intend the above communication to be confidential.3.A-C privilege embraces all forms of communication and action.4.As a general rule, A-C privilege also extends to the attorneys secretary, stenographer, clerk or agent with reference to any fact required in such capacity.5.The above duty is perpetual and is absolutely privileged from disclosure. Exceptions to A-C Privilege 1.There is consent or waiver or client.2.Such is required by law.3.Such is made to protect the lawyers rights (i.e. to collect his fees or associates or by judicial action).4.When such communication are made in contemplation of a crime or the perpetuation of a fraud. Doctrine of imputed knowledge is based on the assumption that an attorney, who has notice of matter affecting his client, has communicated the same to his principal in the course of professional dealings. The doctrine applies regardless of whether or not the lawyer actually communicated to the client what he learned in his professional capacity, the attorney and his client being one judicial person. Rule 15.03.A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of facts. Generally, a lawyer may at certain stage of the controversy and before it reaches the court represent conflicting interests with the express written consent of all parties concerned given after disclosure of the facts. The disclosure should include an explanation of the effects of the dual representation, such as the possible revelation or use of confidential information. A lawyer may not properly represent conflicting interests even though the parties concerned agree to the dual representation where: 1. the conflict is between the attorneys interest and that of a client, or 2. between a private clients interests and that of the government or any of its instrumentalities. U. S. vs. Laranja, 21 Phil. 500 (1912) He may not, without being guilty of professional misconduct, act as counsel for a person whose interest conflicts with that of his present or former client nor may he accept employment from a party in the performance of which he may be forced to act in a double capacity or be suspected of divided loyalty. There are three tests to determine conflicting interests. The first is when, on behalf of one client, it is the attorneys duty to contest for that which his duty to another client requires him to oppose or when this possibility of such situation will develop (conflicting duties). The second test is whether the acceptance of the new relation will prevent a lawyer from the full discharge of his duty of undivided fidelity and loyalty to his client or will invite suspicion of unfaithfulness or double-dealing in the performance thereof (Invitation of suspicion). The third test is whether a lawyer will be called upon in

55, his new relation to use against the first client any knowledge acquired in the previous employment (use of prior knowledge obtained). The bare attorney-client relationship with a client precludes an attorney from accepting professional employment from the clients adversary either in the same case or in a different but related action. It is also improper for a lawyer to appear as counsel for one party against the adverse party who is his client in another totally unrelated action. The prohibition applies irrespective of whether the lawyer acquired confidential information. It also applies to the law firm of which he is a member as well as any member, associate, or assistant therein. The termination of the relation of attorney and client provides no justification for a lawyer to represent an interest adverse to or in conflict with that of the former client. The reason is that the clients confidence once reposed cannot be divested by the termination of professional employment. The attorneys secretary, stenographer or clerk who, in such capacity, has acquired confidential information from the attorneys client may not accept employment or, after becoming a member of the bar, represent an interest adverse to that of the attorneys client. Rule on Conflicting Interests: It is generally the rule based on sound public policy that attorney cannot represent diverse interest. It is highly improper to represent both sides of an issue. The proscription against representation of conflicting interest finds application where the conflicting interest arise with respect to the same general matter and is applicable however slight such adverse interest may be. It applies although the attorneys intention and motives were honest and he acted in good faith. However, representation of conflicting interest may be allowed where the parties consents to the representation after full disclosure of facts. (Nakpil vs. Valdez, 266 SCRA 758, March 4, 1998) Remember: The test to determine whether there is a conflict of interest in the representation is PROBABILITY, not certainty of conflict. Pardy vs. Ernst, 143 P 429 (1914) A lawyer is forbidden from representing a subsequent client against a former client only when the subject matter of the present controversy is related, directly or indirectly, to the subject matter of the previous litigation in which he appeared for the former client. Conversely, he may properly act as counsel for a new client, with full disclosure to the latter, against a former client in a matter wholly unrelated to that of the previous employment, there being in that instance to conflict of interests. Hilado vs. David, 84 Phil. 571 To constitute professional employment it is not essential that the client should have employed attorney professionally on any previous occasion *** It is not necessary that any retainer should have been paid, promised, or charged for; neither is it material

56, that the attorney consulted did not afterward undertake the case about which the consultation was had. If a person in respect to his business affairs or troubles of any kind, consult with his attorney in his professional capacity with the view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces in such consultation, then the professional employment must be regarded as established. xxx The mere relation of attorney and client ought to preclude the attorney from accepting the opposite partys retainer in the same litigation regardless of what information was received by him from his client. Where a lawyer is disqualified or forbidden from appearing as counsel in a case because of conflict of interests, the law firm of which he is a member as well as any member, associate or assistant therein is similarly disqualified or prohibited from so acting. Nathan vs. Capule, 91 Phil. 640 An attorney who accepts professional employment in the very case in which his former client is the adverse lawyer, and utilizing against the latter papers, knowledge and information obtained in the course of his previous employment is guilty of misconduct. The fact that he had retired from the first case prior to accepting the second case against the former client, does not relieve him from his obligation of fidelity and loyalty to the latter. In re: De la Rosa Even though the opposing clients, after full disclosure of the fact, consent to the attorneys dual representation, the lawyer should, when his clients cannot see their way clear to settling the controversy amicably, retire the case. Instances when a Lawyer is Considered having Conflicting Interests 1.As an employee of a corporation whose duty is to attend legal affairs, he cannot join a labor union of employees in that corporation. 2.As a lawyer who investigated an accident as counsel for an insurance, he cannot represent the injured person.3. As a receiver of a corporation, he cannot represent the creditor.4.As a representative of the obligor, he cannot represent the obligee.5. As a lawyer representing a party in a compromise agreement, he cannot be subsequent lawyer representing another client who seeks to nullify the agreement. Effects of Representing Adverse Interests 1.Disqualification as counsel of new client on petition of former client.2.Where such is unknown to, becomes prejudicial interests of the new client, a judgment against such may, on that ground be set aside.3.A lawyer can be held administratively liable through disciplinary action and may be held criminally liable for betrayal of trust.4.The attorneys right to fees may be defeated if found to be related to such conflict and such was objected to by the former client, or if there was a concealment and prejudice by reason of the attorneys previous professional relationship with the opposite party. Rule 15.04.A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes.

57, A lawyers knowledge of the law and his reputation for fidelity may make it easy for the disputants to settle their differences amicably. However, the lawyer should not act as counsel to any of them. Report of IBP Committee, p. 82 Consent in writing is required to prevent future controversy on the authority of the lawyer to act as mediator or arbitrator. However, a lawyer who acts as mediator, conciliator or arbitrator or arbitrator in settling a dispute, cannot represent any of the parties to it. Rule 15.05.A lawyer, when advising his client, shall give a candid and honest opinion on the merits and probable results of the clients case, neither overstating nor understating the prospects of the case. Canon 8, CPE Before answering his clients question, a lawyer should endeavor to obtain full knowledge of his clients cause. It is only after he shall have studied the case that he should advise his client on the matter. If a lawyer finds that his clients suit is totally devoid of merit or that of the pending civil action against him is wholly defenseless, which is his function and duty to find out, he should so inform his client and dissuade him, in the first instance, from filing the case or advise him, in the second instance, to compromise or submit rather than traverse the incontrovertible. If on the other hand, he finds that his clients cause is fairly meritorious, he should refrain from making bold and confident assurances of success. A careful investigation and examination of the facts must first be had before any legal opinion be ventured by the lawyer to the client. Castaeda vs. Ago, 65 SCRA 507 It is the duty of a counsel to advise his client, ordinarily a layman to the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his clients cause is defenseless, then it is his bounden duty to advise the latter to acquiesce and submit, rather than traverse the inconvertible. A lawyer must resist the whims and caprices of his client, and temper his clients propensity to litigate. A lawyers oath to uphold the cause of justice is superior to his duty to his client; its primacy is indisputable. Choa vs. Chiongson, 253 SCRA 371 (1996) His client is entitled to and he is bound to give a candid and honest opinion on the merit or lack of merit of his clients case, neither overstating nor understating the prospect of the case. It is likewise incumbent upon him to give his client an honest opinion on the probable results of the case, with the end in view of promoting respect for the law and the legal processes. Periquet vs. NLRC, 186 SCRA (1990) As officers of the court, counsels are under obligation to advise their clients against making untenable and inconsistent claims. Lawyers are not merely hired

58, employees who must unquestionably do the bidding of the client, however unreasonable this may be when tested by their own expert appreciation of the facts and applicable law and jurisprudence. Counsel must counsel. Rule 15.06.A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. It is improper for a lawyer to show in any way that he has connections and can influence any tribunal or public official, judges, prosecutors, congressmen and others, specially so if the purpose is to enhance his legal standing and to entrench the confidence of the client that his case or cases are assured of victory. Rule 15.07.A lawyer shall impress upon his client compliance with the laws and the principles of fairness. A lawyer should use his best efforts to restrain and prevent his client from doing those things, which he himself ought not to do; and if the client persists in such wrong doing, the lawyer should terminate their relation. Art. 19 of the Civil Code every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith. Conge vs. Deret, C.A.-G.R. No. 08848-CR., March 25, 1974 A lawyer who advise his client not to obey the order of the courts is guilty of contempt and misconduct. Cabilan vs. Ramolete, 192 SCRA 674 As counsel of record, a lawyer has control of the proceedings and whatever steps his client takes should be within his knowledge and responsibility. Rule 15.08A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity. Report of the IBP Committee, p. 84 The lawyer should inform the client when he is acting as a lawyer and when he is not, because certain ethical considerations governing the client-lawyer relationship may be operative in one case and not in the other. CANON 16 A lawyer shall hold in trust all moneys and properties of his client that may come into his possession. Art. 1491, Civil Code The following persons cannot acquire or purchase, even at public or judicial auction, either in person or through the mediation of another. (5) lawyers, with respect to the property and rights which may be the object of any litigation in which they take part by virtue of their profession. Elements of Art. 1491:

59, Attorney-client relationship Property or interest is in litigation Attorney takes part as counsel in the case Purchase, acquisition by attorney, by himself or through another, during pendency of litigation * includes mortgage of property in litigation to lawyer. In this case, acquisition is merely postponed until foreclosure but effect is the same. It also includes assignment of property (Ordonio v. Eduarte, 207 SCRA 229) Take note of the following instances when Art.1491 is not applicable: When attorney is not counsel in case involving the same property at the time of acquisition. When purchaser is a corporation, even if the attorney was an officer thereof. (Tuazon v. Tuazon, 88 Phil. 42) When sale took place after termination of litigation, except if there was fraud or abuse of confidential information or where lawyer exercised undue influence. Where property in question is stipulated as part of attorneys fees, provided that, the same is contingent upon the favorable outcome of litigation and, provided further, that the fee must be reasonable. Aya vs. Bigornia, 57 Phil. 20 The moneys collected by an attorney for his client belong to the client. Consequently, the lawyer is under obligation to hold in trust all moneys and properties of his client that may come into his possession. The moneys collected by a lawyer in pursuance of a judgment in favor of his client are held in trust for the client. Maxiom vs. Manila Railroad Co., 44 Phil. 597 (1928) A lawyer may not accumulate distinct causes of action in himself by assignment from hundreds of small claimants and sue in his name for the benefit of the clients directly interested. A. B. A. Op. 225 (July 12, 1941) An attorney may, however, properly acquire choses in action not in his professional capacity but as a legitimate investment. Q.Atty. X is a lawyer in a falsification case filed against the latter. While undergoing trial in the said criminal case, PNB foreclosed the two-hectare Riceland belonging to A. The land was sold at public auction to Atty. X as the highest bidder. Did Atty. X violate the provision under the Civil Code regarding purchase of property under litigation?A.NO. In the absence of the requisites under Art. 1491 of the Civil Code, the prohibition will not operate. In this case, the riceland was not the subject of litigation.

60, Q.Atty. X appeared as counsel for plaintiff in a damage suit. Judgment was rendered in favor of the plaintiff, and to satisfy the award, a parcel of land was levied upon which was sold at auction sale. Plaintiff assigned one-half of his interest to Atty. X in accordance with their contingent contract of attorneys fees. Is the assignment a violation of Art. 1491 of the Civil Code and Canon 12 prohibiting purchase by lawyer of property under litigation? A.NO. The lot was not the subject matter of the litigation. It was acquired by the client in the execution sale (Guevarra vs. Calalang, 117 SCRA) Rule 16.01.A lawyer shall account for all money or property collected or received for or from the client.Notes: Lawyers are bound to promptly account for money received by them on behalf of their clients and failure to do so constitutes professional misconduct. The fact that a lawyer has a lien for fees on money on his hands collected for his clients does not relieve him from the duty of promptly accounting for the funds received. However, delivery of funds is subject to lawyers lien. Agpalo -when the lawyer withholds and refuses to deliver the funds and property received by him for his client, he breaches the trust reposed to him.-That a lawyer has a lien does not relieve him from the obligation to make a prompt accounting. -Cannot unilaterally appropriate clients money to pay his atty.s fees. -May not in the absence of authority from his client, disburse the money collected for his client in favor of persons who may be entitled thereto. In re: Tuazon, 11 SCRA 562 (1964) His act of collecting unreasonable fees may amount to a retention of his clients funds and constitute professional indiscretion and misconduct. Rule 16.02.A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. -Should not commingle a clients money with that of other clients and with his private funds, nor use the clients money for his personal purposes without the clients consent. In re: Bamberger, 49 Phil. 962 The high fiduciary and confidential relation of attorney and client requires that the lawyer should promptly account for all the funds received or held by him for the clients benefits. The lawyer is not relieved of the obligation to make a proper accounting even if he has an attorneys lien over the clients moneys or funds in his possession. CBA, Code of Professional Conduct, Commentary 1, p. 24 The lawyer in under strict obligation to label and identify his clients property and keep it separate and apart from his own. Rule 16.03.A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien on the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly

61, thereafter to his client. He shall also have a lien to the same extent on all judgments and the execution he has secured for his client as provided for in the Rules of Court. Rule 136 Sec. 37. Attorneys Liens.: An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until this lawful fees and disbursements have been paid, and may 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 such judgments, which he has secured in a litigation of his client, from and after the same when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering judgment, or issuing such executions, and shall have caused written client and would have to enforce his lien and secure the payment of his fees and disbursements. Lawyers retaining lien A lawyer shall have a lien over the clients funds and may apply so much thereof to satisfy his lawful fees and disbursements but must give prompt notice to his client for the latters advertisement. Charging liens For the further protection of the lawyer, he shall also have a lien to the extent of his attorneys fees and legal disbursements on all judgments and executions he has secured for his client as provided for in the Rules (Rule 138, Sec. 37, Revised Rules of Court). In re: David, 84 Phil. 627 The lawyers failure to deliver upon demand gives rise to the presumption that he has misappropriated the funds for his own use to the prejudice of the client and in violation of the trust reposed in him. -Immediate repayment by the lawyer of the clients money of property after demand and before the institution by the client of disbarment proceedings will show good faith and negate fraudulent intent. Matute vs. Matute, 33 SCRA 35 Under Rule 138, Section 37 of the Rules of Court, the attorney cannot be compelled to surrender the documents in his possession without prior proof that his fees have been duly satisfied. But if it be entirely indispensable for the court to gain possession are held by him in the course of his employment as counsel, it can require surrender thereof by requiring the client or claimant to first file proper and adequate security for the lawyers compensation. Llamas vs. Encarnacion, CA-G.R. No. 31920-R, August 18, 1965 When a lawyer enforces a charging lien against his client, the client-lawyer relationship is terminated. Dumandag vs. Lumaya, 197 SCRA 303 (1991)

62, A lawyer who fails to account his clients money may be disbarred or suspended indefinitely from practice of law. Rule 16.04.A lawyer shall not borrow money from his client unless the clients interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client. -While a lawyer may borrow money from his client where the latters interests are fully protected, he should not abuse clients confidence by delaying payment -If the lawyer lends money to the client in connection with the clients case the lawyer in effect acquires an interest in the subject matter of the case or an additional stake in its outcome, either of which may lead the lawyer to consider his own recovery rather than that of the client or to accept a settlement which might take care of his interest in the verdict to the sacrifice of that client. Not prohibited: advances for necessary expenses Prohibited: Champertous contracts lawyer assumes all expenses and reimbursement in contingent on outcome of case. (like gambling) Bautista vs. Gonzales, 182 SCRA 155 The lawyer may lend money to a client, when it is necessary in the interest of justice to advance necessary expenses in a legal matter he is handling for the client. The advances made shall be subject to reimbursement. Otherwise, if the lawyer spends for all legal expenses, his contract of legal employment might become champertous, if his attorneys fees will be payable in kind. Champertous contracts are void. CANON 17 A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Santiago vs. Fojas, 248 SCRA 68 (1995) No lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client. He has the right to decline employment, except as prescribed in Canon 14 of the Code of Professional Responsibility. But once he agrees to take up the cause of the client, the lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. He owes his client entire devotion to his genuine interest, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability. No fear or judicial disfavor or public unpopularity should restrain him from the full discharge of his duty. In the judicial forum, the client is entitled to the benefit of any and every remedy and defense that is authorized by law, and he may expect his lawyer to assert every such remedy or defense. Cantilller v. Potenciano, 180 SCRA 246 (1989) x x x x x x When a lawyer takes a clients cause, he thereby covenants that he will exert all effort for its protection until its final conclusion. The failure to exercise due

63, diligence and the abandonment of a clients cause make such a lawyer unworthy of the trust which the client has reposed on him. Fidelity to the cause of the client is the essence of the legal profession. As such. The duty of fidelity requires the existence of the attorney and client relationship. Once the relationship exists, the Supreme Court will not hesitate to enforce compliance with standards of honorable dealing set by law, by means of reprimands, fines, suspension, disbarment, and other disciplinary measures. Lorenzana Food Corporation vs. Daria, Adm. Case No. 2736, May 27, 1991 An attorney owes loyalty to his client not only in the case in which he has represented him but also after the relation of attorney and client has terminated. CANON 18 A lawyer shall serve his client with competence and diligence. It is the lawyers duty to safeguard clients interests. It begins from retainer until effective discharge from case or final disposition of the whole subject matter of litigation. Suarez v. CA, 220 SCRA 274 (1993) xxx xxx A client may reasonably expect that his counsel will make good his representations xxx xxx and has the right to expect that his lawyer will protect his interests during the trial of the case. For the general employment of an attorney to prosecute or defend a cause or proceeding ordinarily vests in a plaintiffs attorney the implied authority to take all steps or do all acts necessary or incidental to the regular and orderly prosecution or management of the suit, and in a defendants attorney the power to take such steps as it deems necessary to defend the suit and protect the interests of the defendant xxx xxx. Blaza vs. Court of Appeals, 182 SCRA 461 The legal profession demands a lawyer that degree of vigilance and attention expected of a good father of a family and should adopt the norm of practice expected of men of good intentions. Rule 18.01.A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. Islas vs. Platon, 47 Phil. 162 When a lawyer accepts a case, whether for a fee or not, his acceptance is an implied representation: that he possess the requisite degree of academic learning, skill and ability in the practice of his profession; that he will exert his best judgment in the prosecution or defense of the litigation entrusted to him;

64, that he will exercise reasonable and ordinary care and diligence in the pursuit or defense of the case; and that he will take steps as will adequately safeguard his clients interests. However well meaning he may be, a lawyer cannot ask another lawyer to collaborate with him in a particular case without the consent of the client. The fiduciary nature of attorney-client relationship prohibits this. Garcia vs. Flores, 101 Phil. 781 (1951) It should be stressed that what a lawyer may not delegate in the absence of he clients consent is the confidence reposed in him, as distinguished from the work involved therein. A lawyer has the implied power to delegate to his associate or assistant attorney, under his supervision and responsibility, part or the whole of the legal work required to be performed in the prosecution or defense of the clients cause. Robinson vs. Villafuerte, 18 Phil. 121 (1911) A lawyer may not, however, delegate to any layman any work which involves a study of the law or its application, such as the computation and determination of the period within which to appeal an adverse judgment, the examination of witnesses or the presentation of evidence. Rule 18.02.A lawyer shall not handle any legal matter without adequate preparation. Bautista vs. Rebueno, 81 SCRA 535 A lawyer must keep himself constantly abreast with the trend of authoritative pronouncements and developments in all branches of the law. Javellana vs. Lutero, 20 SCRA 717 (1967) The full protection of the clients interests requires no less than a mastery of the applicable law and facts involved in a case, regardless of the nature of the assignment and keeping constantly abreast of the latest jurisprudence and developments in all branches of the law. Legarda vs. CA, G. R. No. 94457, March 18, 1991 A lawyer should give adequate attention, care and time to his cases. This is the reason why a practicing lawyer should accept only so many cases he can handle. Once he agrees to handle a case, he should undertake the task with dedication and care. If he should do any less then he is not true to his oath as a lawyer. Rule 18.03.A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. If by reason of the lawyers negligence, actual loss has been caused to his client, the latter has a cause of action against him for damages. However, for the lawyer to be held liable, his failure to exercise reasonable care, skill and diligence must be proximate cause of the loss. Suarez vs. Court of Appeals, 220 SCRA 274 (1993)

65, By agreeing to be his clients counsel, he represents that he will exercise ordinary diligence or that reasonable degree of care and skill having reference to the character of the business he undertakes to do, to protect the clients interests and take all steps or do all acts necessary therefore, and his client may reasonably expect him to discharge his obligations diligently. Phil. Bank of Commerce vs. Aruego, C.A.-G.R. No. 28274, June 18, 1965 The legal profession is a jealous mistress which demands of a lawyer that degree of vigilance and attention expected of a good father of a family. A lawyer is required to exercise ordinary diligence or that a reasonable degree of care and skill having reference to the character of the business he undertakes to do, as any member of the bar similarly situated commonly possesses and exercises. Adarne vs. Aldaba, 83 SCRA 735 An attorney is not required to exercise extraordinary diligence but only a reasonable degree of care and skill, having reference to the character of the business he undertakes to do. In re: Filart, 40 Phil. 205 An attorney is not expected to know all the laws. He is not liable for disbarment for an honest mistake or error. He is not an insurer of the result in a case where he is engaged in as a counsel. Only ordinary care and diligence are required of him. Lawell vs. Goroman, 57 Am. St., rep. 662 The degree of care and skill required of the lawyer is not affected however by the fact that the lawyers services are rendered gratuitously. Vivero vs. Santos, 98 Phil. 500 (1956) The client is bound by his counsels conduct, negligence and mistake in handling the case, or in the management of the litigation and in the procedural technique, and he cannot be heard to complain that the result might have been different had his lawyer proceeded differently. Cruz vs. Hugo, 66 Phil. 102 (1938) The rule presupposes the existence of an attorney-client relationship and of a pending case, and refers only to matters pertaining to the conduct of such case. Visitacion vs. Manit, 27 SCRA 523 (1969) The attorneys duty to safeguard the clients interests commences from his retainer until his defective release from the case or the final disposition of the whole subject matter of the litigation. Instances of Negligence of Attorneys Failure of counsel to ask for additional time to answer a complaint resulting in a default judgment against his client (Mapua vs. Mendoza, 45 Phil. 424).

66, Failure to bring suit immediately. When the belated suit was filed, the defendant had already become insolvent and recovery could no longer be had. The lawyer was declared liable to the client (Filinvest Land vs. CA, 182 SCRA 664). Failure to ascertain date of receipt from post office of notice of decision resulting in the non-perfection of the appellants appeal (Joven-De Jesus vs. PNB, 12 SCRA 447). Failure to file briefs within the reglementary period (People vs. Cawili, 34 SCRA 728). Failure to attend to trial without filing a motion for postponement or without requesting either of his two partners in the law office to take his place and appear for the defendants (Gaerlan vs. Bernal, G.R. No. L-4049, Jan. 28, 1952). Failure to appear at pre-trial (Agravante vs. Patriarca, 183 SCRA 113). Failure of counsel to notify clients of the scheduled trial which prevented the latter to look to another lawyer to represent them while counsel was in the hospital (Ventura vs. Santos, 59 Phil. 123). Failure to appear simply because the client did not go to counsels office on the date of the trial as was agreed upon (Alcoriza vs. Lumakang, Adm. Case No. 249, November 21, 1978). Failure to pay the appellate docket fee after receiving the amount for the purpose (Capulong vs. Alino, 22 SCRA 491). Failure to take action to have adverse decision reconsidered (PHHC vs. Tiongco, 207 SCRA 153) or failure to appeal the adverse decision (Francisco, Jr. vs. Bosa and Bandong, 205 SCRA 722). Failure to notify the court of counsels change of address resulting in failure to receive judicial orders to the prejudice of the client (Juane vs. Garcia, 25 SCRA 801) Failure to take necessary precaution to insure that he receives all court notices and processes promptly (Javier vs. Madamba, Jr., 174 SCRA 495). Failure to present evidence (Gonzales vs. Presiding Judge of Branch I, RTC of Bohol, 186 SCRA 101). Failure to file the required position paper which prejudiced clients cause (Lorenzana Food Corp. vs. Daria, 197 SCRA 249). Instances where the client is not bound by counsels negligence: (a) In the case of an irresponsible lawyer who totally forgot about the case and failed to inform his client of the decision, the Supreme Court held that the client should not be bound by the negligence of the counsel. (Republic vs. Arro, 150 SCRA 630)

67, (b) A party is not bound by the actions of his counsel in case the gross negligence of the counsel resulted in the clients deprivation of his property without due process (Legarda vs. Court of Appeals, 195 SCRA 418). (c) Where there is something fishy and suspicious about the actuations of the former counsel of petitioners in the case at bar, in the case he did not give any significance at all to the processes of the court, which has proven prejudicial to the rights of said clients, under a lame and flimsy explanation that the courts processes just escaped his attention, it is held that the said lawyer deprived his clients of their day in court (PHHC vs. Tiongco, 12 SCRA 471). (d) Application of the rule, results in the outright deprivation of ones property through a technicality. (Escudero vs. Dulay, 158 SCRA 69, 78) (e) In the case of an irresponsible lawyer who totally forgot about the case and failed to inform his client of the decision, the Supreme Court held that the client should not be bound by the negligence of the counsel. (Republic vs. Arro, et al., 150 SCRA 630) (f) A party is not bound by the actions of his counsel in case the gross negligence of the counsel resulted in the clients deprivation of his property without due process. (Legarda vs. Court of Appeals, 195 SCRA 418) (g) The Supreme Court set aside the dismissal of the appeal for the failure to file the appellants brief on time, it appearing that the appellants former counsel had abandoned him and could not be contacted despite earnest efforts. (Aguilar vs. Court of Appeals, et al.,250 SCRA 371) (h) The Supreme Court set aside the trial courts order, the same being due to the trial counsels blunder in procedure and gross negligence of existing jurisprudence. (Escudero vs. Dulay, 158 SCRA 69) (i) IT was once ruled that the unconscionable failure of a lawyer to inform his client of the receipt of the court order and the motion for execution and to take the appropriate action against either or both to protect his clients rights amounted to connivance with the prevailing party which constituted extrinsic fraud. (Bayog vs. Natino, 258 SCRA 378) Rule 18.04.A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the clients request for information. Baker vs. Humprhey, 101 US 494, 25 L ed 1065 (1879) It is the duty of an attorney to advise his client promptly whenever he has any information to give which is important that the client receive. Oparel vs. Abaria, 40 SCRA 128 (1971) The client is entitled to the fullest disclosure of the mode or manner by which his interest is defended or why certain steps are taken or omitted.

68, Alcala vs. De Vera, 56 SCRA 30 In failing to inform his client of the decision in the civil case handled by him, the lawyer failed to exercise such skill, care and diligence as men of the legal profession commonly possess and exercise in such matters of professional employment. The relationship of lawyer-client being one of confidence, there is ever present the need for the clients being adequately and fully informed and should not be left in the dark as to the mode and manner in which his interests are being defended. CANON 19 A lawyer shall represent his client with zeal within the bounds of the law. The lawyer owes entire devotion to the interest of the client, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability, to the end that nothing be taken or be withheld from him, save the rules of law, legally applied. In the judicial forum the client is entitled to the benefit of any and every remedy and defense that is authorized by the law, and he may expect his lawyer to assert every such remedy or defense. Legarda vs. Court of Appeals, 195 SCRA 418 (1991) In the discharge of his duty of entire devotion to the clients cause, a lawyer should present every remedy or defense authorized by law in support of his clients cause, regardless of his personal views. Choa vs. Chiongson, 260 SCRA 477 (1996) While a lawyer owes absolute fidelity to the cause of his client, full devotion to his genuine interest, and warm zeal in the maintenance and defense of his rights, he must do so only within the bounds of law. Maglasang vs. People, 190 SCRA 306 A lawyers duty is not to his client but to the administration of justice; to that end, his clients success is wholly subordinate; and his conduct ought to and must always be scrupulously observant of law and ethics. People vs. Irisuillo, 82 Phil. 1 (1948) While a lawyer may, in accordance with the canons of the profession and his duty to aid in the administration of justice, properly decline to handle a civil suit when he is convinced that it is intended to harass or injure the opposite party or to work oppression or wrong, an attorney for the defense in a criminal action has the right and the duty to render effective legal assistance to the accused, irrespective of his personal opinion as to the guilt of his client. Rule 19.01.A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. Rule 138, s.20 (d):

69, xxx to employ, for the purposes of maintaining the causes confided to him, such means only as are consistent with truth or honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. Surigao Mineral Resevation Board vs. Cloribel, 31 SCRA 1 (1970) A lawyer should use his best efforts to restrain and to prevent his client from those things which he himself ought not to do, particularly with reference to the conduct toward the court, judicial officer, witness and suitor; and IF the client persists in such wrongdoing, the lawyer should terminate their relation. Lacsamana vs. dela Pea, 58 SCRA 22 A lawyer shall employ such means only as are consistent with truth and honor. Thus, he should not offer evidence any document which he knows is false nor present any witness whom he knows will perjure. He should make such defense only as he believes to be honestly debatable under the law. Rule 19.02.A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. Canon 21, CPR A lawyer should not allow his client to perpetuate fraud. However, the lawyer shall not volunteer the information about the clients commission of the fraud to anyone for that will run counter to his duty to maintain at all times the clients confidences and secrets. Rule 19.03.A lawyer shall not allow his client to dictate the procedure in handling the case. The professional employment of an attorney merely confers upon him the general authority to do on behalf of his client such acts as are necessary or incidental to the prosecution or management of the suit entrusted to him OR the accomplishment of its purpose for which he was retained. The employment itself confers upon the attorney no implied or apparent authority to bind the client on substantial matters: 1. the cause of action, 2. the claim or demand sued upon, and 3. the subject matter of the litigation are substantial matters which the attorney may not impair, novate, compromise, settle, surrender or destroy without the clients consent or authority. Control of Proceedings In the matters of law, it is the client who yields to the lawyer and not the lawyer yielding to the client. The basis of this rule is that the lawyer is better trained and skilled in law. Cause of action, claim or demand, and subject of litigation are within clients control. Hence, the attorney may not impair, settle or compromise without clients

70, knowledge and consent. However, proceedings to enforce the remedy are within the exclusive control of the attorney. In fine, in the matters of procedure, lawyer in control, and as to the subject matter, the client is in control. Caballero vs. Deiparine, 60 SCRA 136 (1974) A lawyer should endeavor to seek instruction from his client on any substantial matter concerning the litigation, which may require decision on the part of the client, such as whether to compromise the case or to appeal an unfavorable judgment. He should, moreover, give his client the benefit of sound advice on any such similar matters and comply with the clients lawful instructions relative thereto. Canon 8, CPE While it is a lawyers duty to comply with the clients lawful request, he should resist and should never follow any unlawful instruction of his client. In the matters of law, it is the client who should yield the lawyer and not the other way around. Cosmos Foundry Shop Workers Union v. Lo Bu, 63 SCRA 313 (1975) xxx xxx Atty. Bustamante was expected to defend his clients cause with zeal, but not at the disregard of the truth and in defiance of the clear purpose of the labor statutes. He ought to remember that his obligation as an officer of the court, no less than the dignity of the profession, requires that he should not act like an errand-boy at the beck and call of his client, ready and eager to do his bidding. If he fails to keep the admonition in mind, he puts into serious question his good standing in the bar. Dick vs. U.S., 70 ALR 90 The rule speaks of procedure only. The lawyer can for instance choose the proceedings he will institute in the pursuit of his clients case; he will determine the witnesses to be presented in court he can enter into stipulations of fact, though not of law he can agree to advance the date of hearing or to continue the case he can waive objections to evidence as he may deem fit. In brief, in matters of procedure, where he is skilled, he is in control but not as to the subject matter of the case. Bagsa vs. Nagramada, 11 Phil. 174 (1908) Generally, the authority of an attorney to make admissions is limited to the action in which he is retained; consequently, admissions made by him on behalf of a client in one case are not binding upon the same client in another suit, except when the attorney has been expressly authorized to make the admission or the subsequent litigation is related to the previous controversy. *** A lawyer cannot, without special authority, compromise his clients litigation or receive anything in discharge of the clients claim but the full amount thereof in cash (Melendrez vs. Decena, 176 SCRA 662). A compromise entered into without authority is merely unenforceable. It can be ratified by the client, if he so desires. However, a lawyer has the exclusive management of the procedural aspect of the litigation including the

71, enforcement of rights and remedies of the client. Thus, when a case is submitted for decision on the evidence so far presented, the counsel for private respondents acted within the scope of his authority as agent and lawyer in negotiating for favorable terms for his client. (Mobil Oil Philippines vs. Yabut, 208 SCRA 523) CANON 20 A lawyer shall charge only fair and reasonable fees. Rule 138 s.24: An attorney shall be entitled to have and recover from his clients no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. 1.Right to compensation In the absence of an express contract [for attorneys fee], payment of attorneys fees may be justified by virtue of the innominate contract of facio ut des (I do and you give) which is based on the principle that no one shall enrich himself at the expense of another [Corpuz v. CA, G.R. No. L-40424, June 30, 1980] 2.Attorneys fees as contract and as items of damages - These are two commonly accepted concepts of attorneys fees, the so-called ordinary and extraordinary. In its ordinary concept, an attorneys fee is the reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter. The basis of the compensation is the fact of his employment by and his agreement with the client. In its extraordinary concept, an attorneys fee is an indemnity for damages ordered by the court to be paid by the losing party in a litigation. The basis of this is any of the cases provided by law xxx xxx [Art. 2208, Civil Code], and is payable not to the lawyer as additional compensation or as part thereof [Traders Royal Bank Employees Union-Independent v.NLRC, G.R. No. 120592, March 14, 1997]. 3.Charging Lien the right which the attorney has upon all judgments for the payment of money, and execution in pursuance of such judgments, obtained in favor of the client, to secure reimbursement for advances made and payment of attorneys fees. 4.Retaining Fees a preliminary fee paid to ensure and secure a lawyers future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party, and of receiving pay from him. Jesalva vs. Bautista, 105 SCRA Phil. 348 (1959) The right of a lawyer to be paid a reasonable compensation for his services does not give him such a superior interest in the action as to preclude the client from settling his case. Gorospe vs. Gochangco, 106 Phil. 425 (1974) Being primarily an officer of the court charged of the duty of assisting the court to render impartial justice what a lawyer may collect as his fees is always subject to judicial control. Albano v. Coloma, 21 SCRA 411 (1967) xxx xxx Counsel who is worthy of his hire is entitled to be fully compensated for his services. With his capital consisting solely of his brains and with his skill, acquired at

72, tremendous cost not only in money but in the expenditure of time and energy, he is entitled to the protection of any judicial tribunal against any attempt on the part of a client to escape payment of fees. Quirante v. IAC, SCRA 769 (1989) xxx xxx The counsels claim for attorneys fees may be asserted either in the very action in which the services in question have been rendered, or in a separate action. If the first alternative is chosen, the court may pass upon said claim, even if its amount were less than the minimum prescribed by law for the jurisdiction of said court, upon the theory that the right to recover atty.s fees is but an incident of the case in which the services of counsel have been rendered. It also rests on the assumption that the court trying the case is to a certain degree already familiar with the nature and extent of the lawyers services. The rule against multiplicity of suits will in effect be subserved. What is being claimed here as attorneys fees by petitioner however different form atty.s fees as an item of damages provided for under Art. 2208 of the CC, wherein the award is made in favor of the litigant, not of his counsel, and the litigants, not his counsel is the judgment creditor who may enforce the judgment for atty.s fees by execution. Here the petitioners claims are based on alleged contract for professional services, with them as the creditors and the private respondents as the debtors. In filing motion for confirmation of atty.s fees, petitioners chose to assert their claims in the same action. This is also a proper remedy under our jurisprudence. Tanhueco v. De Dumo, 172 SCRA 774 (1989) xxx xxx Money is collected by an attorney for his client constitute trust funds and must be immediately paid over to the client. The fact that lawyer has a lien fees on money in his hand collected for his client does not relieve him from his duty promptly to account for the moneys received: his failure to do so constitutes professional misconduct. The attorney-client relationship has always been regarded as of special trust and confidence. An attorney must exercise utmost food faith and fairness in all his relationships vis--vis client. Respondent fell short of this standard when he failed to render an accounting for the amount actually received by him and when he refused to turn over any portion of such amount received by him on behalf of his client upon the pretext that his attorney upon his client, the court must and will protect the aggrieved party. Mendoza-Parker v. CA, 231 SCRA 250 (1994) xxx xxx The CA, in the exercise of its jurisdiction to review the decisions of lower courts fixing the attorneys fees, can and did determine whether the attorneys fees fixed by said courts are reasonable under the circumstances. After taking into consideration the various factors to guide the courts in the fixing of such fees, an appellate court can reduce the attorneys fees stipulated by the parties in a contract for professional services or awarded by the lower court to levels which it deems reasonable. In the absence of any agreement as to the amount of attorneys fees, the courts are authorized to determine such amount to be paid to the attorney as a reasonable compensation for his professional services. A lawyer, being an officer of the court, is placed under judicial control with regard to the reasonableness of the amount of the attorneys fees demanded by him from his client.

73,

Corpuz v. CA, 98 SCRA 424 (1980) xxx xxx The absence of an express contract for attorneys fees is no argument against the payment of such fee considering their close relation which signifies mutual trust and confidence between them. Moreover, the payment of attorneys fees to David may also be justified by vitrtue of the innominate contract of facio ut des (I do you give) which is based on the principle that no one shall unjustly enrich himself at the expense of another.

Metropolitan Bank and Trust Company v. CA, 181 SCRA 367 (1990) A charging lien, to be enforceable as security for the payment of attorneys fees, requires as a condition sine qua non a judgment for money and execution in pursuance of such judgment secured in the main action of the attorney in favor of his client. A lawyer may enforce his right to fees by filing the necessary petition as an incident in the main action in which his services were rendered when something dismissed upon the initiative of the plaintiff. The dismissal order neither provided for any money judgment nor made any monetary award to any litigant, much less in favor of petitioner who was a defendant therein. This being so, private respondents supposed charging lien is without any legal basis. A petition for recovery of attorneys fees, either as a separate civil suit or as an incident in the main action, has to be prosecuted and the allegations established as any other money claim. Hence, the obvious necessity of a hearing is beyond cavil. But, as in the exercise of any other right conferred by law, the proper legal remedy should be availed of and the procedural rules duly observed to forestall the possibility of abuse or prejudice. Cadalin v. POEA, 238 SCRA 721 (1994) xxx xxx A statement of claim for a charging lien shall be filed with the court or administrative agency which renders and executes the money judgment secured by the lawyer for his clients. The lawyer shall cause written notice to be delivered to his clients and to the adverse parties. Rule 20.01.A lawyer shall be guided by the following factors in determining his fees: The time spent and the extent of the services rendered or required; The novelty and difficulty of the questions involved; The importance of the subject matter; The skill demanded; The probability of losing other employment as a result of acceptance of the proffered case; The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; The amount involved in the controversy and the benefits resulting to the client from the services; The contingency of certainty of compensation;

74, The character of the employment, whether occasional or established; and The professional standing of the lawyer. Two Concepts of Attorneys Fees In its ordinary concept, an attorneys fee is the reasonable compensation paid to a lawyer for the legal services he has rendered to a client. The basis of this compensation is the fact of employment by the client. In its extraordinary concept, an attorneys fee is an indemnity for damages ordered by the court to be paid by the losing party to the prevailing party in a litigation. The basis of this is any of the cases authorized by law and is payable not to the lawyer but to the client unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof. The Rules of Court provides under Rule 138, s.24 only three factors: the importance of the subject matter of controversy; the extent of the services rendered; and the professional standing of the attorney. Under Rule 138, s.24 it is also provided that the court is not bound by the opinion of attorneys as expert witness as to proper compensation and that written contract shall control the amount paid unless found by the court to be unconscionable or reasonable. According to jurisprudence, the court may also take into consideration the clients capacity to pay. Kinds of Payment which may be stipulated upon: A fixed or absolute fee which is payable regardless of the result of the case; A contingent fee that is conditioned to the securing of a favorable judgment and recovery of money or property and the amount of which may be on a percentage basis; A fixed fee payable per appearance; A fixed fee computed by the number of hours spent; A fixed fee based on a piece of work; A combination of any of the above stipulated fees. Kinds of Retainer Agreement on Attorneys fees: 1.General Retainer or Retaining Fee It is paid to a lawyer to secure his future services as general counsel for any ordinary legal problem that may arise in the ordinary business of the client and referred to him for legal action 2.Special Retainer That is a fee for a specific case or service rendered by the lawyer for a client Compensation to which Lawyer is Entitled Depending on His Capacity 1.Counsel de Parte He is entitled to a reasonable attorneys fees agreed upon or in the absence thereof, on quantum meruit basis. 2.Counsel de Oficio The counsel may not demand from the accused attorneys fees even if he wins the case. He may however collect from the government funds if available based on the amount fixed by the court. 3.Amicus Curiae He is not entitled to attorneys fees.

75, QUANTUM MERUIT (AS MUCH AS HE DESERVES) The basis of determining the lawyers professional fees in the absence of a contract, but recoverable by him from the client He shall be entitled to receive what he merits for his services QUANTUM MERUIT IS AUTHORIZED WHERE: there is no express contract for attorneys fees agreed upon between the lawyer and the client; when although there is a formal contract of attorneys fees, the stipulated fees are found unconscionable or unreasonable by the court; when the contract for attorneys fees is void due to purely formal matters or defects of execution; when the counsel, for justifiable cause, was not able to finish the case to its conclusion; when lawyer and client disregard the contract of attorneys fees when there is a contract but no stipulation as to755@ 757575757575757575757575757575K75

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78, 787878iL 7878787878787878.7878787878vk787878^X7878787878787878787878782Z78(7 87878078787878787878780Y787878787878787878|o78 787878 7878Z78787878787878787878787878d787847878 7878-7878P787878787878P787878787878P787878787878P7 878787878787878787878787878787878787878787878787878787878787878787878P 787878787878Z780787878;78d 7878<78787878vq7 878787878} =78787878I>78{787878787878787878787878787878787878787878787878787878787 87878787878 ;7878787878 ;7878787878 ;787878787878787878787878787878787878787878787878.78787878787878787 878787878fq78787878787878787878787878787878.787878787878 787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 87878787878787878787878787878787878787878787878787878787878787878787878 78787878787878787878787878787878787878787878787878787878787878787878787 878787878787878787878787878787878787878LEGAL & JUDICIAL ETHICS REVIEWER BY: RENE CALLANTA LAWYERS OATH:

79, I, _______________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its 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 of any in court; I will not willingly nor willfully 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 will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well as to the court as to my clients; and I impose or purpose of evasion. So help me God. * Memorize this and think that you will take this oath after the Bar and it shall be so. (Sabi ng mga pumasa na ng BAR dito lang daw sa LAWYERS OATH umiikot ang mga tanong sa LEGAL ETHICS) Nature of a Lawyers Oath: 797 97979797979797979797979797979797979797979797979797979797979797979797979 79797979797979797979797979% 79T79h79e79 79l79a79w79y79e79r79 s79 79o79a79t79h79 79i79s79 79n79o79t79 79a79 79m79e79r79e79 79f79o79r79m79a79l79i79t79y79 79r79e79c79i79t79e79d79 79f79o79r79 79a79 79f79e79w79 79m79i79n79u79t79e79s79 79i79n79 79t79h79e79 79g79l79a79r79e79 79o79f79 79f79l79a79s79h79i79n79g79 79c79a79m79e79r79a79s79 79a79n79d79 79b79e79f79o79r79e79 79t79h79e79 79p79r79e79s79e79n79c79e79 79o79f79 79s79e79l79e79c79t79 79w79i79t79n79e79s79s79.79 79(79I79n79 79r79e79:79 79A79r79t79h79u79r79 79M79.79 79C79u79e79v79a79s79,79 79J79r79.79 79279879579 79S79C79R79A79 79579979,79 79J79a79n79u79a79r79y79 79279779.79 79179979979879)79.79 79 79%T79h79e79 79l79a79w79y79e79r79 s79 79o79a79t79h79 79i79s79 79n79o79t79 79m79e79r79e79 79f79a79c79i79l79e79 79w79o79r79d79s79,79 79d79r79ift and hollow, but a sacred trust that must be upheld and kept inviolable. (Sebastian v. Calis, Adm. Case No. 5118, Sept. 9, 1999) Duties nf Attorneys: to iaintain all%giance to the Republic of the Philippines and to support the Constitution and obey the laws o& the Philippines; observe and maintain the respect due to the courts of justice and judicial officers; to counrel or maintain such actions or proceedings only as appea2 to him as just, and such defenses only as he believes to be honestly debatable under the laws;

80, to employ, for the purpose of maintaining the causes confided to him, such means as only as are consistent with truth and honor, and never seek to mislead the judge as any judicial officer by an artifice or false statement of fact or law; to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his clients business except from him or with his knowledge and approval; to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of A party or witness, unless required by the justice of the causa with which he is charged; not po encourage either in the commencement or the continuance of an action ob proceeding, kr delay any mans cause for any corrupt motive or interest; never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; in the defense of a person accused /f a 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. PRELIMINARIES LEGAL ETHICS It is a branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibilities, Canons of Professional Ethics, jurisprudence, moral laws and special laws. Original Bases of Legal Ethics 1.Canons of Professional Ethics2.Supreme Court Decisions3.Statistics4.Constitution 5.Treaties and Publications Present Basis of Philippine Legal Ethics The Code of Professional Responsibility. It is the embodiment into the code of the various pertinent and subsisting rules, guidelines and standards on the rule of conduct of lawyers which must be observed by all members of the Bar in the exercise of his profession whether in or out of Court as well as in their public and private lives. TERMS TO REMEMBER BARvs.BENCHRefers to the whole body of attorneys and counselors, collectively, the members of the legal professionDenotes the whole body of judges Practice of Law - - Any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is

81, to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210). Bar Admission act by which one is licensed to practice before courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on grounds of reciprocity after period of years as member of bar of another jurisdiction (Black Law Dictionary Sixth Edition, p.149). Lawyer This is the general term for a person trained in the law and authorized to advise or represent others in legal matters. Trial Lawyer A lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual trial work either for the prosecution or for the defense of cases of clients. Practising Lawyer One engaged in the practice of law. All trial lawyers are practicing lawyers, but not all practicing lawyers are trial lawyers. Client One who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in his behalf and usually for a fee. Attorney-at-Law/Counselor-at-law/lawyer/attorney/counsel/abogado/boceros that class of persons who are by license officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence (Cui v. Cui, 120 Phil. 729). Attorney-in-fact an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessary a lawyer. Counsel de officio - a counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused. Note: In localities where members of the Bar are not available, the court may appoint any person, resident of the province and of good repute for probity and ability, to defend the accused. [Sec. 7 Rule 116, Rules of Court (1985)] Attorney ad hoc a person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made (Bienvenu v. Factors Traders Insurance Corp., 33 La. Ann. 209) Attorney of Record one who has filed a notice of appearance and who hence is formally mentioned in court records as the attorney of the party. Person whom the client has

82, named as his agent upon whom service of papers may be made. (Reynolds v. Reynolds. Cal. 2d580). Of Counsel to distinguish them from attorneys of record, associate attorneys are referred to as of counsel (5 Am. Jur. 261) Lead Counsel The counsel on their side of a litigated action who is charged with the principal management and direction of a partys case. House Counsel Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Amicus curiae a friend of the court, not a party to the action; is an experienced and impartial attorney invited by the court to appear and help in the disposition of the issues submitted to it. It implies friendly intervention of counsel to call the attention of the court to some matters of law or facts which might otherwise escape its notice and in regard to which it might go wrong. Amicus curiae par excellence bar associations who appear in court as amici curiae or friends of the court. Acts merely as a consultant to guide the court in a doubtful question or issue pending before it. Bar Association an association of members of the legal profession. Advocate The general and popular name for a lawyer who pleads on behalf of someone else. Barrrister (England) a person entitled to practice law as an advocate or counsel in superior court. Solicitor (England) A person prosecuting or defending suits in Courts of Chancery. Solicitor (Philippines) A government lawyer attached with the Office of the Solicitor General. Proctor (England) Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. Titulo de Abogado it means not mere possession of the academic degree of Bachelor of Laws but membership of the Bar after due admission thereto, qualifying one for the practice of law.

Admission to the Practice of Law

83,

In re Edillion 84 SCRA 568 The practice of law is not a property right but a mere privilege and as such must bow to the inherent regulatory power of the Court to exact compliance with the lawyers public responsibilities. The power of admission to the practice of law is vested by the Constitution in the Supreme Court. ART. VIII, Sec. 5(5): The Supreme Court shall have the following powers: (5) Promulgate rules concerning the protection and enforcement pf constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. The constitutional power to admit candidates to the legal profession is a judicial function and involves exercise of discretion (In re: Almacen 31 SCRA 562). The power of the Supreme Court to regulate the practice of law includes: authority to define the term prescribe the qualifications of a candidate to and the subjects of the bar examinations decide who will be admitted to practice discipline, suspend or disbar any unfit and unworthy member of the bar reinstate any disbarred or indefinitely suspended attorney ordain the integration of the Philippine Bar punish for contempt any person for unauthorized practice of law and in general, exercise overall supervision of the legal profession. In re Cunanan, 94 Phil. 543 *** The Legislature, in the exercise of its police power, may however, enact laws regulating the practice of law to protect the public and promote the public welfare. But the legislature may not pass a law that will control the Supreme Court in the performance of its function to decide who may enjoy the privilege of practicing law, and any law of that kind is unconstitutional as an invalid exercise. ***Any legislative or executive judgment substituting that of the Supreme Court in matters concerning the admission to the practice of law or the suspension, disbarment or reinstatement of an attorney infringes upon and constitutes an invalid exercise of the legislative or executive power. *** The legislature may pass a law prescribing additional qualifications for candidates for admission to practice or filling up deficiencies in the requirements for admission to the bar. Such a law may not, however, be given retroactive effect so as to entitle a person,

84, not otherwise qualified, to be admitted to the bar, nor will such a law preclude the Supreme Court from fixing other qualifications or requirements for the practice of law. The Supreme Court acts through a Bar Examination Committee to the Exercise of his judicial function to admit candidates to the legal profession. of legislative power. Notes on the Bar Examination Committee: Composed of one (1) member of the Supreme Court who acts as Chairman and eight (8) members of the bar. The 8 members who act as examiners for the 8 bar subjects with one subject assigned to each. The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the other. He is at the same time a deputy clerk of court. Admission of examinees is always subject to the final approval of the court. Requirements for all applicants for admission to the Bar: citizen of the Philippines; at least 21 years of age; of good moral character; Good moral character is a continuing qualification required of every member of the Bar, it is not only a qualification precedent to the practice of law. (Narag, 291 SCRA 451, June 29, 1998) Philippine resident; Production before the Supreme Court satisfactory evidence of a. good moral character; and b. no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines Academic Requirements for Candidates: a bachelors degree in arts or sciences (a.k.a Pre-law course) completed course on civil law commercial law remedial law public international law private international law political law labor and social legislation medical jurisprudence taxation legal ethics

85,

Requirements Before a Candidate can Engage in the Practice of Law: I. He must have been admitted to the Bar Furnishing satisfying proof of educational, moral and other qualifications Passing the bar Taking the Lawyers Oath before the SC Signing the Attorneys Roll and receiving from the Clerk of Court of the SC a Certificate of the license to practice II. After his admission to the bar, a lawyer must remain in good and regular standing, which is a continuing requirement to the practice of law. This means that he must: a. remain a member of the IBP regularly pay all IBP membership dues and other lawful assessments, as well as the annual privilege tax faithfully observe the rules and ethics of the legal profession and be continually subject to judicial disciplinary control Privileges of Attorney The law makes his passing the bar examination equivalent to a first grade civil service eligibility for ay position in the classified service in the government the duties of which require knowledge of law, or a second grade civil service eligibility for any other government position which does not prescribe proficiency in law as a qualification.

PRACTICE OF LAW Rule 138, Section 1. Who may practice law - Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law. Concept of the Practice of Law Generally, to engage in the practice is to do any of those acts which are characteristic of the legal profession (In re: David, 93 Phil. 46). It covers any activity, in or out of court, which requires the application of law, legal principles, practice or procedure and calls for legal knowledge, training and experience (PLA vs. Agrava, 105 Phil. 173). Cayetano vs. Monsod, 201 SCRA 210

86, ***Practice of Law means any activity in or out of court which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to perform those acts which are characteristics of the legal profession. Generally, to practice law is to give notice or render any kind of service, which devise or service requires the use, in any degree, of legal knowledge or skill. People vs. Villanueva, 14 SCRA 111 ***Strictly speaking, the word practice of law implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his services. ***Private practice in more than an isolated appearance for it consist of frequent customary actions, a succession of acts of the same kind. An isolated appearance may, however, amount to practice in relation to the rule prohibiting some persons from engaging in the exercise of the legal profession.

Ulep vs. Legal Clinic Inc. 223 SCRA 378 (1993) ***In the practice of his profession, a licensed attorney-at-law generally engages in three principal types of professional activities: legal advice and instructions to clients to inform them of their rights and obligations preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman; and appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty and property according to law, in order to assist in the proper interpretation and enforcement of law. ***Essential criteria enumerated by the C.A. as determinative of engaging in the practice of law: 1)Habituality 2)Compensation 3)Application of law, legal principle, practice, or procedure 4)Attorney-Client relationship Non-Lawyers authorized to appear in court: In cases before the MTC, a party may conduct his case or litigation in person, with the aid of an agent or friend appointed by him for that purpose (Sec. 34, Rule 138, RRC). Before any other court, a party may conduct his litigation personally (Ibid) In a criminal case before the MTC in a locality where a duly licensed member of the Bar is not available, the judge may appoint a non-lawyer who is resident of the province, and

87, of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC) A senior law student, who is enrolled in a recognized law schools clinical education program approved by the Supreme Court may appear before any court without compensation, to represent indigent clients accepted by the Legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school. Under the Labor Code, non-lawyers may appear before the NLRC or any Labor Arbiter, if (1) they represent themselves, or if (2) they represent their organization or members thereof (Art. 222, PO 442, as amended). Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act No. 2259, Sec. 9). Any person appointed to appear for the government of the Phil. in accordance with law (Sec. 33 Rule 138). Limitations of Appearance of non-lawyers He should confine his work to non-adversary contentions. He should not undertake purely legal work, such as the examination or cross-examination of witnesses, or the presentation of evidence. Services should not be habitually rendered. Should not charge or collect attorneys fees (PAFLU vs. Binalbagan Isabela Sugar Co. 42 SCRA 302) Q.A and B who are law students entered their appearances before the Municipal Court as private prosecutors in a criminal case. This was disallowed by the trial judge. Is this correct? A.NO. A non-lawyer may appear as a friend of the party before the Municipal Courts under Section 34, Rule 138 Rules of Court; he may make such appearances either as defense counsel or private prosecutor under the control and supervision of the fiscal. The permission of the fiscal is not necessary for the appearance of a private prosecutor, although if he so wishes, the fiscal may disallow participation in the trial by handling the case personally. (Catimbuhan, et al. vs. Hon. Cruz, G.R. No. 51813-14, Nov.29, 1983)Public Officials who cannot engage in the private practice of law in the Philippines: 1. Judges and other officials as employees of the Superior Court (Rule 148, Sec. 35, RRC).

88, Officials and employees of the OSG (Ibid). Government prosecutors (Peo v. Villanueva, 14 SCRA 109). - if permitted by their department head should only be in isolated cases involving relatives or close family friends President, Vice-President, members of the cabinet, their deputies and assistants, (Art. VIII Sec. 15, 1987 Constitution). Chairmen and Members of the Constitutional Commissions (Art. IX-A, Sec. 2, 1987 Constitution). Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par.), 1987 Constitution). All governors, city and municipal mayors (R.A. No. 7160, Sec. 90). Those who, by special law, are prohibited from engaging in the practice of their legal profession Q.Can a civil service employee engage in the private practice of law? A.A civil service officer or employee whose duty or responsibility does not require his entire time to be at the disposal of the government may not engage in private practice of law without the written permit from the head of the department concerned. However, government officials who by express mandate of the law are prohibited from practicing law may not, even with the consent of the department head, engage in the practice of law. If so authorized by the department head, he may, in an isolated case, act as counsel for a relative or close family friend. A government official forbidden to practice law may be held criminally liable for doing so. An officer or employee of the civil service who, as a lawyer, engages in the private practice of law without a written permit from the department head concerned may be held administratively liable therefor. Q.The City of Manila hired the services of Atty. Bautista of the ABC Law Offices to represent it in case pending before the RTC. Can Atty. Bautista validly represent it? A.NO. A local government unit could not hire a private attorney to represent. The provisions of Sec. 1683 complemented by Sec. 3 of the Local Autonomy Law, is clear in providing that only the provincial prosecutor and the municipal attorney can represent a province or municipality. The provision is mandatory. The municipalitys authority to employ a private lawyer is expressly limited only to situations where the provincial prosecutor is disqualified to represent it, as when he represents that province against a municipality. Public Officials with Restrictions in the Practice of Law: Senators and members of the House of Representatives Members of the Sanggunian Retired Justice or judge

89, Civil service officers or employees without permit from their respective department heads (Noriega vs. Sison 125 SCRA 293) Restrictions in the Practice of Law of Members of the Legislature No senator or member of the House of Representatives may personally appear as counsel before any courts of justice or before the Electoral Tribunals, or quasi-judicial and other administration bodies xxx (Art. VI, Sec. 14, 1987 Constitution). 898 98989898989898989898989898989898989898989898989898989898989898989898989 89898989898989898989898989898989898989898989898989898989898989898989898 98989898989% 89A89 89l89a89w89y89e89r89-89m89e89m89b89e89r89 89o89f89 89t89h89e89 89l89e89g89i89s89l89a89t89u89r89e89 89i89s89 89o89n89l89y89 89p89r89o89h89i89b89i89t89e89d89 89f89r89o89m89 89a89p89p89e89a89r89i89n89g89 89a89s89 89c89o89u89n89s89e89l89 89b89e89f89o89r89e89 89a89n89y89 89c89o89u89r89t89 89o89f89 89j89u89s89t89i89c89e89,89 89e89l89e89c89t89o89r89a89l89 89t89r89i89b89u89n89a89l89s89 89o89r89 89q89u89a89s89i8989j89u89d89i89c89i89a89l89 89a89n89d89 89a89d89m89i89n89i89s89t89r89a89t89i89v89e89 89b89o89d89i89e89s89 89 89% 89T89h89e89 89w89o89r89d89 89 a89p89p89e89a89r89a89n89c89e89 89i89n89c89l89u89d89e89s89 89n89o89t89 89o89n89l89y89 89a89r89g89u89i89n89g89 89a89 89c89a89s89e89 89b89e89f89o89r89e89 89a89n89y89 89s89u89c89h89 89b89o89d89y89 89b89u89t89 89a89l89s89o89 89f89i89l89i89n89g89 89a89 89p89l89e89a89d89i89n89g89 89i89n89 89b89e89h89a89l89f89 89o89f89 89a89 89c89l89i89e89n89t89 89a89s89 89 b89y89 89s89i89m89p89l89y89 89f89i89l89i89n89g89 89a89 89f89o89r89m89a89l89 89m89o89t89i89o89n89,89 89p89l89e89a89 89o89r89 89a89n89s89w89e89r89 .89 89(89R89a89m89o89s89 89v89s89.89 89M89a89n89a89l89a89c89,89 89889989 89P89H89I89L89.89 89289789089)89 89 89% 89N89e89i89t89h89e89r89 89c89a89n89 89h89e89 89a89l89l89o89w89 89h89i89s89 89n89a89m89e89 89t89o89 89a89p89p89e89a89r89 89i89n89 89s89u89c89h89 89p89l89e89a89d89i89n89g89 89b89y89 89i89t89s89e89l89f89 89o89r89 89a89s89 89p89a89r89t89 89o89f89 89f89i89r89m89 89n89a89m89e89 89u89n89d89e89r89 89t89h89e89 89s89i89g89n89a89t89u89r89e89 89o89f89 89a89n89o89ther qualified lawyer because the signature of an agent amounts to signing of a non-qualified senator or congressman, the office of an attorney being originally an agency, and because he will, by such act, be appearing in court or quasi-judicial or administrative body in violation of the constitutional restriction. He cannot do indirectly what the Constitution prohibits directly. (In re: David 93 PHIL. 461) Restrictions in the practice of law of members of the Sanngunian

90,

Under the Local Government Code (R.A. 7180, Sec. 90), Sanggunian members may practice their professions provided that if they are members of the Bar, they shall not: appear as counsel before any court in any civil case wherein a local government unit or any unit, agency, or instrumentality of the government is the adverse party; appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office; collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and use property and personnel of the Government except when the Sanggunian member concerned is defending the interest of the government. Restrictions in the practice of law of members of the Judiciary Under RA 910, Sec. 1, as amended, a retired justice or judge receiving a pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies in the adverse party or in criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. Remedies Against Unauthorized Practice Petition for Injunction Declaratory Relief Contempt of Court Disqualification and complaints for disbarment Criminal complaint for estafa who falsely represented to be an attorney to the damage party Alawi vs. Alauya, A.M. SDC-97-2-P, February 24, 1997 Q.Are persons who pass the Sharia Bar members of the Philippine Bar? A.Persons who pass the Sharia Bar are not full-fledged members of the Philippine Bar, hence may only practice before the Sharia courts. They are also not entitled to use the title attorney as such is reserved to those who, having obtained the necessary degree in the study of law and successfully taken the Bar Examinations, have been admitted to the Integrated Bar of the Philippines and remain members thereof in good standing Q.Does scrivening constitute practice of law? A.NO. Scrivening or the filling of blanks in a standard or stereotyped forms which involves pure clerical work without need for any legal interpretation. This is not practice of law. In re: Joaquin, 241 SCRA 405 Appearance in propia persona is appearance in court by a non-lawyer for himself without the assistance of a member of the Bar. This is sometimes referred to as pro se practice

91, While pro se practice is allowed, it is not advisable to do so. Court proceedings are full of technical pitfalls that may entrap a person unschooled in substantive and procedural law. Need for and Right to Counsel General Rule: A party litigant needs the assistance of counsel in all proceedings, administrative, civil or criminal. Exceptions: Municipal Trial Court A party may conduct his litigation in person or with the aid of an agent or friend appointed by him for that purpose or with the aid of an attorney. Regional Trial Court and Appellate Court A party may either conduct his litigation personally or by attorney unless the party is a juridical person in which case it may appear only by attorney. *** The rule that appearance by counsel is not obligatory applies only in civil and administrative cases. The rule does not apply in criminal cases involving grave and less grave offenses, where an accused must be represented by counsel de parte or counsel de officio and in which his right is not waivable. Duty of Public Prosecutor The primary duty of a public prosecutor is not to convict but to see that justice is done. He should not hesitate to recommend to the court the accused acquittal if the evidence in his possession shows that the accused is innocent. Role of Private Prosecutor A private prosecutor may intervene in the prosecution of a criminal action when the offended party is entitled to indemnity and has not waived expressly, reserved or instituted the civil action for damages. There is nothing objectionable about it as long as the public prosecutor is always present at every hearing, retains control thereof, and without allowing the trial in the hands of a private prosecutor. NOTARY PUBLIC Facts: Aty. X notarized a deed of sale making it appear that some of the vendors were signatories and parties when in fact these people were already dead prior to the execution of the document. (Arrieta v. Llosa, 282 SCRA 248, November 28, 1997) Ruling: 919 19191919191919191919191919191919191919191919191919191919191919191919191 91919191919191919191919191919191919191919191919191919191919191919191919

92, 29292929292929292929292929292929292929292929292929292929292929292929292 92929292929292929292929292929292929292929292929292929292929292929292929 2929292%N92o92t92a92r92i92z92a92t92i92o92n92 92i92s92 92n92o92t92 92e92m92p92t92y92,92 92m92e92a92n92i92n92g92l92e92s92s92,92 92r92o92u92t92i92n92a92r92y92 92a92c92t92;92 92i92t92 92i92s92 92i92n92f92e92s92t92e92d92 92w92i92t92h92 92s92u92b92s92t92a92n92t92i92a92l92 92p92u92b92l92i92c92 92i92n92t92e92r92e92s92t92 92s92u92c92h92 92t92h92a92t92 92o92n92l92y92 92t92h92o92s92e92 92w92h92o92 92a92r92e92 92q92u92a92l92i92f92i92e92d92 92o92r92 92a92u92t92h92o92r92i92z92e92d92 92m92a92y92 92a92c92t92 92a92s92 92n92o92t92a92r92i92e92s92 92p92u92b92l92i92c92.92 92 92% 92N92o92t92a92r92i92e92s92 92p92u92b92l92i92c92 92m92u92s92t92 92o92b92s92e92r92v92e92 92w92i92t92h92 92t92h92e92 92u92t92m92o92s92t92 92c92a92r92e92 92t92h92e92 92b92a92s92i92c92 92r92e92q92u92i92r92e92m92e92n92t92s92 92i92n92 92t92h92e92 92p92e92r92f92o92r92m92a92n92c92e92 92o92f92 92t92h92e92i92r92 92d92u92t92i92e92s92.92 92O92t92h92e92r92w92i92s92e92,92 92t92h92e92 92c92o92n92f92i92d92e92n92c92e92 92o92f92 92t92h92e92 92p92u92b92l92i92c92 92i92n92 92t92h92e92 92i92n92t92e92g92r92i92t92y92 92o92f92 92t92h92i92s92 92f92o92r92m92 92o92f92 92c92o92n92v92e92y92a92n92c92e92 92w92o92u92l92d92 92b92e92 92u92n92d92e92r92m92i92n92e92d92.92 92 92% 92F92a92i92t92h92f92u92l92 92o92b92s92e92r92v92a92n92c92e92 92w92i92t92h92 92u92t92m92o92s92t92 92r92e92s92p92e92c92t92 92o92f92 92t92h92e92 92l92e92g92a92l92 92s92o92l92e92m92n92i92t92y92 92o92f92 92a92n92 92o92a92t92h92 92i92n92 92a92n92 92a92c92k92n92o92w92l92e92d92g92m92e92n92t92 92o92r92 92j92u92r92a92t92 92 92i92s92 sacrosanct. Facts: N accused V of notarizing documents without a commission. In two separate occasions, he notarized deeds of sale of property between the bank he works for and his minor son. At those times he was not commissioned as a notary public. (Nunga v. Viray, 306 SCRA, April 30, 1999) Ruling: 929 29292929292929292929292929292929292929292929292929292929292929292929292 92929292929292929292929292929292929292929292929292929292929292929292929 29292929292929292929292929292929292929292929292929292929292929292929292 92929292929292929292929292929292929292929292929292929292929292929292929 29292929292929292929292929292929292929292929292929292929292929292929292 9292929292929292929292929292929292929292929292929292929292% 92N92o92t92a92r92i92z92a92t92i92o92n92 92i92s92 92i92n92v92e92s92t92e92d92 92w92i92t92h92 92p92u92b92l92i92c92 92i92n92t92e92r92e92s92t92 92b92e92c92a92u92s92e92 92i92t92 92c92o92n92v92e92r92t92s92 92p92r92i92v92a92t92e92 92d92o92c92u92m92e92n92t92s92 92t92o92

93, 93p93u93b93l93i93c93 93d93o93c93u93m93e93n93t93s93,93 93m93a93k93i93n93g93 93s93u93c93h93 93d93o93c93u93m93e93n93t93s93 93a93d93m93i93s93s93i93b93l93e93 93i93n93 93e93v93i93d93e93n93c93e93 93w93i93t93h93o93u93t93 93f93u93r93t93h93e93r93 93p93r93o93o93f93 93o93f93 93t93h93e93 93a93u93t93h93e93n93t93i93c93i93t93y93 93t93h93e93r93e93o93f93.93 93 93% 93N93o93t93a93r93i93z93i93n93g93 93w93i93t93h93o93u93t93 93a93 93c93o93m93m93i93s93s93i93o93n93 93i93s93 93a93 93v93i93o93l93a93t93i93o93n93 93o93f93 93the lawyers oath to obey the laws (Notarial Law) and by making it appear that he is so authorized is a deliberate falsehood which violates the lawyers oath and Rule 1.01 (CPR) that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Remember: Certification of a Deed (is a proclamation to the world that:) all the parties therein personally appeared before him they are all personally known to him that they were the same persons who executed the instruments he (notary public) inquired into the voluntariness and due execution of the instrument; and that they acknowledged personally before him that they voluntarily and freely executed the same. Q.What are the grounds for the violation of the commission of a notary public? A.The following dereliction of duties on the part of a notary public shall in the discretion of the proper RTC judge, be sufficient ground for the revocation of his commission.1.Failure of the notary to keep a notarial register2.Failure of the notary to make the proper entry or entries in his notarial register touching his notarial acts in a manner required by law3.Failure of the notary to send a copy of the entries to the proper clerk of the RTC within the first 10 days of the month next following4.Failure of the notary to affix to acknowledgments the date of expiration of his commission, as required by law5.Failure of the notary to forward his notarial register when filled, to the proper clerk of court6.Failure of the notary public to make the proper notation regarding community tax certificates7. Failure of the notary to make report, within a reasonable time, to the proper RTC judge concerning the performance of his duties, as may be required by said judge, and8.Any other dereliction or act which shall appear to the judge to constitute good cause for removal. Flores vs. Chua, 306 SCRA 465 Q.Atty. Rodrigo, a notary public, notarized a forged deed of sale. In that notarized document he solemnly declared that the alleged vendor appeared before him and acknowledged to him that the document was the vendors free act and deed despite the fact that the vendor did not do so as his signature was forged.

94, A.NO. A notary public cannot plead good faith when notarizing documents without the presence of signatories thereto as this would be a mockery of what the Jurat and Acknowledgment requires. Where the notary public is a lawyer, a graver responsibility is placed upon his shoulder by reason of his solemn oath to obey the laws and to do no falsehood or consent to the doing of any. The C.P.R. also commands him not to engage in unlawful, dishonest, immoral, deceitful conduct and to uphold at all times the integrity and dignity of the legal profession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a94t94i94o94n94a94l94 94o94r94g94a94n94i94z94a94t94i94o94n94 94o94f94 94l94a94w94y94e94r94s94 94c94r94e94a94t94e94d94 94o94n94 94J94a94n94u94a94r94y94 94194694,94 94194994794394 94u94n94d94e94r94 94R94u94l94e94 94194394994-94A94,94 94R94u94l94e94s94 94o94f94 94C94o94u94r94t94 94a94n94d94 94c94o94n94s94t94i94t94u94t94e94d94 94o94n94 94M94a94y94 94494,94 94194994794394 94i94n94t94o94 94a94 94b94o94d94y94 94c94o94r94p94o94r94a94t94e94 94b94y94 94P94.94D94.94 94N94o94.94194894194 949494 94I94n94 94r94e94:94 94E94d94i94l94l94o94n94,94 94894494 94S94C94R94A94 94594594494 94(94194994794894)94 94 94 94 94 94 94 94 94 94 94 94 94 94 94 94 94 94 94T94h94e94 94I94n94t94e94g94r94a94t94i94o94n94 94o94f94 94t94h94e94 94P94h94i94l94i94p94p94i94n94e94 94B94a94r94 means the unification of the entire lawyer population. This requires (1) membership and (2) 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 Supreme Court. In re: Integration of the Philippines, 49 SCRA 22 (1973) While Republic Act No. 6397 provides that the Supreme Court may adopt rules of courts to effect the integration of the Philippine bar, said law neither confers a new power nor restricts the Courts inherent power but is mere legislative declaration of the integration of the bar will promote public interest or will raise the standard of the legal profession, improve the administration of justice and enable the bar to discharge its public responsibility more effectively.

95,

Section 18, By-Laws of the IBP The following persons are members of the Integrated Bar of the Philippines: (a) All lawyers whose names were in the Roll of Attorneys of the SC on January 16, 1973; and (b) All lawyers whose names were included or are entered therein after the said date. What are the objectives of the integration of the Bar? Elevate standards of the legal profession Improve the administration of justice To enable the bar to discharge its responsibility more effectively The Integrated Bar is strictly non-political. To maintain its non-political color, no lawyer holding an elective, judicial, quasi-judicial or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar or any chapter thereof. A delegate, governor, officer or employee of the Integrated Bar or an officer or employee of any chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial or prosecutory office in the Government or any political subdivision or instrumentality thereof. The deliberative body of the Integrated Bar is the House of Delegates. It is composed of not more than one hundred and twenty members apportioned among all the chapters by the Board of Governors according to the number of their respective members, but each chapter shall have at least one Delegate. 959 59595959595959595959595959595959595959595959595959595959595959595959595 95959595959595959595959595959595959595959595959595959595959595959595959 59595959595959595959595959595959595959595959595959595959595959595959595 95959595959595959595959595959595959595959595959595959595959595959595959 59595959595959595959595959595959595959595959595959595959595959595959595 9595959595959595959595959595959595959595959595%95T95h95e95 95B95o95a95r95d95 95o95f95 95g95o95v95e95r95n95o95r95s95 95s95h95a95l95l95 95p95r95o95v95i95d95e95 95t95h95e95 95B95y95-95L95a95w95s95 95f95o95r95 95g95r95i95e95v95a95n95c95e95 95p95r95o95c95e95d95u95r95e95 95f95o95r95 95t95h95e95 95e95n95f95o95r95c95e95m95e95n95t95 95a95n95d95 95m95a95i95n95t95e95n95a95n95c95e95 95o95f95 95d95i95s95c95i95p95l95i95n95e95 95a95m95o95n95g95 95a95l95l95 95m95e95m95b95e95r95s95 95o95f95 95t95h95e95 95I95B95P95,95 95b95u95t95 95n95o95 95a95c95t95i95o95n95 95i95n95v95o95l95v95i95n95g95 95t95h95e95 95s95u95s95p95e95n95s95i95o95n95 95o95r95 95d95i95s95b95a95r95m95e95n95t95

96, 96o96f96 96a96 96m96e96m96b96e96r96 96o96f96 96t96h96e96 96r96e96m96o96v96a96l96 96o96f96 96h96i96s96 96n96a96m96e96 96f96r96o96m96 96t96h96e96 96Roll of Attorneys shall be effective without the final approval of the S.C. Q. Is the compulsory membership in the IBP violative of the lawyers constitutional freedom to associate or corollary right not to associate? A.NO. Integration does not make a lawyer a member of any group of which he is already a member. He became a member of the bar when he passed the Bar examinations. All that integration actually does in provide an official national organization for the welldefined but unorganized and incohesive group of which every lawyer is already a member. (In re: Edillion A.M. 1928) Q.May a member of the IBP voluntarily terminate his membership therein? A.YES, by filing a verified notice to that effect with the Secretary of IBP who shall immediately bring the matter to the attention of the SC. Forthwith, he shall cease to be a member and his name shall be stricken from the Roll of Attorneys. Q.What is the effect of failure to pay annual membership to the IBP? A. The failure of any attorney to pay his annual membership dues for six months shall warrant suspension of his membership in the IBP and default of such payment for one year shall be ground for the removal of his name from the Roll of Attorneys. Q.May a lawyer be disciplined either by the IBP or the Court for failing to pay her obligation to complainant? A.NO. A lawyer may not be disciplined either by the IBP or the Court for failing to pay her obligation, a matter in her professional or private capacity. (Toledo vs. Abalos) Q.Is wanton disregard of the lawful orders of the IBP Commission on Bar Discipline a ground for suspension of a lawyer from the practice of law? A.YES. A lawyer was suspended from the practice of law for one month due to her wanton disregard of the lawful orders of the IBP Commission on Bar Discipline. (Toledo vs. Abalos)

CODE OF PROFESSIONAL RESPONSIBILITY CHAPTER I THE LAWYER AND SOCIETY CANON 1 A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and for legal processes. *** Lawyers must not only uphold and obey the Constitution and the laws but also Legal orders or processes of courts

97,

Rule 1.01:A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. People vs. Tuanda, Adm. Case No. 3360 (Jan. 30, 1990) The nature of the office of an attorney at law requires that she shall be a person of good moral character. This qualification is not only a condition precedent to an admission to the practice of law; its continued possession is also essential for remaining in the practice of law. Rule 138, Section 27, ROC The commission of unlawful acts, specially crimes involving moral turpitude, acts of dishonesty in violation of the attorneys oath, grossly immoral conduct and deceit are grounds for suspension or disbarment of lawyers. Morality as understood in law: This is a human standard based on the natural moral law which is embodied in mans conscience and which guides him to do good and avoid evil. Moral turpitude: everything which is done contrary to justice, honesty, modesty or good morals. Immoral conduct has been defined as that conduct which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga v. Maniwang, 106 SCRA 591). What constitutes grossly immoral conduct/act? one that is so corrupt and false as to constitute a criminal act so unprincipled or disgraceful as to be reprehensible to a high degree. (Figueroa v. Barranca, 275 SCRA 445, July 31, 1997) Conviction for crime involving moral turpitude a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: estafa bribery murder seduction abduction smuggling falsification of public document Tolosa vs. Cargo, 171 SCRA 21(1989) As officers of the court, lawyers must only in fact be of good moral character but must also be seen to be of good moral character and living lives in accordance with the highest moral standards of the community. A member of the Bar and officer of the court is not only required to refrain from adulterous relationships or the keeping of mistress, but must also behave as to avoid scandalizing the public by creating the belief that he is flouting such moral standard.

98,

NON-PROFESISONAL MISCONDUCT Lizaso vs. Amante, 198 SCRA (1991) x x x misconduct indicative of moral unfitness, whether relating to professional or nonprofessional matters, justifies suspension or disbarment. x x x an attorney may be removed or otherwise disciplined not only for malpractice and dishonesty in his profession, but also for gross misconduct not connected with his professional duties, which showed him unfit for the office and unworthy of the privileges which his license and the law confer to him. Constantino v. Saludares, 228 SCRA 233 (1993) While it is true that there was no attorney-client relationship between respondent and complainant, it is well settled that an attorney may be removed or otherwise disciplined not only for malpractice and dishonesty in the profession, but also for gross misconduct not connected with his professional duties, showing him to be unfit for the office and unworthy of the privileges which his license and the law confer upon him. Some cases of Dishonesty and Deceit which Merited Discipline by the Supreme Court. Misappropriation of clients funds Act of fraudulently concealing dutiable importation or smuggling Giving false statements under oath in an Information Sheet submitted in connection with the lawyers application for the position of Chief of Police Wanton falsehood made in an ex parte petition in court wherein the lawyer attached affidavit of his grandfather and which affidavit he notarized knowing that the supposed affiant is already dead Maneuvering reconveyance of property in the name of a lawyer instead of the client in a case involving sale with pacto de retro Submission or presentation of mutilated copies of certain documents to court for the purpose of deceiving and misleading it Falsification of grades in the Bar Examinations Collecting several thousand pesos on the pretense that counsel would allegedly appeal the complaints case to the Supreme Court of the United States, and that it was necessary to him to go to Washington, D.C. which he did, knowing that the decision could no longer be appealed because it is already final Introducing someone to buy a piece of land knowing that it is not for sale

99,

Delayed failure to account money collected for the client Stealing evidence attached to the court records Instances of Gross Immorality and the Resulting Consequences: Abandonment of wife and cohabiting with another woman. Disbarred. Bigamy perpetrated by the lawyer. Disqualified from admission to the Bar A lawyer who had carnal knowledge with a woman through a promise of marriage which he did not fulfill. Disbarred. Seduction of a woman who is the niece of a married woman with whom the respondent lawyer had adulterous relations. Disbarred. Lawyer arranging the marriage of his son to a woman with whom the lawyer had illicit relations. After the marriage of the woman to the respondents son, he continued his adulterous relations with her. Disbarred Lawyer inveigling a woman into believing that they had been married civilly to satisfy his carnal desires. Disbarred Lawyer taking advantage of his position as chairman of the college of medicine and asked a lady student to go with him to manila where he had carnal knowledge of her under threat that if she refused , she would flunk in all her subjects. Disbarred Concubinage coupled with failure to support illegitimate children. Suspended indefinitely Maintaining adulterous relation ship with a married woman. Suspended indefinitely

Rule 1.02.A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Canon 32, CPE A lawyer should not render any service or advice to any client no matter how powerful or important is the cause which will involve disloyalty to the laws of the country which he is bound to uphold and obey. Canon 15, CPE The great trust of the lawyer is to be performed within and without the bounds of the law. The office of attorney does not permit, much less does it demand of him any client, violation of law or any manner of fraud or chicanery. He must obey his own conscience and not that of his client.

100,

Cosmos Foundry Shop Workers Union vs. Lo Bu, 63 SCRA 321 He was of course expected to defend his clients cause with zeal, but not at the disregard of the truth and in defiance of the clear purpose of labor statutes. In re:1989 IBP Elections, 178 SCRA 398 Respect for law is gravely eroded when lawyers themselves, who are supposed to be minions of the law, engage in unlawful practices and cavalierly brush aside the very rules that the IBP formulated for their observance. Rule 1.03.A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay in a mans cause. Barratry is the offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. It is the lawyers act of fomenting suits among individuals and offering his legal services to one of them. Canon 28, CPE It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship or trust make his duty to do so. The purpose of the prohibition is to prevent ambulance chasing, which refers to solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself. For ambulance chasing has spawned recognized evils such as: fomenting of litigation with resulting burdens on the courts and the public; subornation of perjury; mulcting of innocent persons by judgments, upon manufactured causes of actions, and defrauding of injured persons having proper causes actions but ignorant of legal rights and court procedure by means of contracts which retain exorbitant percentages of recovery and illegal charges for court costs and expenses and by settlement made for quick returns of fees and against the just rights of the injured persons. Cobb-Perez vs. Lantin, 24 SCRA 291 Lawyers duty is to resist the whims and caprices of his client and to temper his clients propensity to litigate. Castaneda vs. Ago, 65 SCRA 512 It is the duty of a counsel to advise his client ordinarily a layman to the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his clients cause is defenseless, it is his bouden duty to advise the latter to acquiesce and submit, rather than traverse the inconvertible. A lawyer must resist the whims and caprices of his client, and temper his propensity to litigate. A lawyers oath to uphold the cause of justice is superior to his duty to his client; its primacy indisputable. Significance of an Attorneys Signature on a Pleading

101, Rule 7 Sec.5 Xxx The signature of an attorney constitutes certificate by him that he has read the pleading; that to the best of his knowledge, information and belief there is good ground to support it; and that it is not interposed for delay. Xxx For a willful violation of this rule an attorney may be subjected to appropriate disciplinary action. Rule 1.04.A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. A compromise is as often the better part of justice as prudence is the better part of valor and a lawyer who encourages compromise is no less the clients champion in settlement out of court than he is the clients champion in the battle of court. De Yaasi III v. NLRC, 231 SCRA 173 (1994) The useful function of a lawyer is not only to conduct litigation but also to avoid it whenever possible by advising settlement or withholding suit. xxx He should be a mediator for concord and conciliator for compromise, rather than a virtuoso of technicality in the conduct of litigation. Melendrez vs. Decena, 176 SCRA 662 A lawyer cannot, without special authority, compromise his clients litigation or receive anything in discharge of the clients claim but the full amount in cash. A compromise entered into without authority is merely unenforceable. However, a lawyer has the exclusive management of the procedural aspect of the litigation including the enforcement of rights and remedies of the client. CANON 2 A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession. Legal services should not only be efficient but should also be available and accessible to those who need them in a manner compatible with the ethics of the profession. A lawyer who accepts professional employment should be in a position to render efficient and effective legal assistance, otherwise he should help find another lawyer who is qualified and able to do so. Rule 2.01.A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Canon 4, CPE A lawyer assigned as counsel for an indigent prisoner must not ask to be excused for any trivial reason and should always exert his best efforts in his behalf. People vs. Holgado, 85 Phil. 752 The duty of a lawyer to accept the cause of the defenseless and the oppressed empowers the court to require him to render professional services to any party in a case, if the party is without means to employ an attorney and the services of a lawyer are necessary to protect the rights of such party or secure the ends of justice or to designate

102, him as counsel de officio for an accused if the latter is unable to employ a counsel de parte. Rule 2.02.In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the necessary to safeguard the latters rights. If the reason for non-acceptance of a case is conflict of interest, a lawyer must refrain from giving legal advice because a lawyer-client relationship is established and may lead to violation of the rule against representing conflicting interests. Rule 2.03.A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. The solicitation of employment by an attorney is a ground for disbarment or suspension. The best advertisement for a lawyer is a well-deserved reputation for competence, honesty and fidelity to private trust and public duty. Rule 138, Sec. 27, Rules of Court The law

103, eht fo srebmem eht fo ytirgetni eht ni ytinummoc eht denilcni yllufecaep esiwrehto efirts ot gnitnecni ni dna noitagitil sseldeen ni stluser tI .rab .snezitic Rule 2.04.A lawyer shall not charge rates lower than those customarily prescribed, unless the circumstances so warrant. ***What the rule prohibits is the competition in the matter of charging fees for professional services for the purpose of attracting prospective clients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from collecting a reduced or no fee at all from a person who would have difficulty in paying the fee usually charged for the service.(Agpalo) CANON 3 A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. 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. Canon 27 of the Canon of Professional Ethics The canons of the profession that tell the best advertising possible for a lawyer is well-merited reputation for professional capacity and fidelity to trust, which must be earned as the outcome of character and conduct. Any false pretense therefore by a lawyer intended to defraud, mislead or deceive to tout on his qualifications or quality of his legal services is unethical whether done by him personally or through another with his permission. The proffer of free legal services to the indigent, even when broadcast over the radio or tendered through circulations of printed matter to the general public, offends no ethical rule. Rule 3.02.In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. A group of lawyers who deserve to establish a partnership for general practice of law may adopt a firm name. However, no false name or misleading or assumed name shall be used in the firm name adopted. No name not belonging to any of the partners or associates may be used in the firm name for any purpose. If a partner died, and continued use of the name is desired by the surviving partners, the name of the deceased may still be used, in all the communications of the law firm, provided there is an indication that said partner is already dead. The use of a cross after the name of the deceased partner is sufficient indication. It is advisable though that the year of the death be also indicated. Canon 33, CPE

104, In the formation of such partnership, no person should be admitted or held out as a member who is not a lawyer. Nor may a group of lawyers hold themselves out as partners when, in fact, they are not or when no partnership actually exists. B.R. Sebastian Enterprises Inc. vs. Court of Appeals, 206 SCRA 28 Death of a partner does not extinguish the client-lawyer relationship with the law firm. Antonio vs. Court of Appeals, 153 SCRA 592 Negligence of a member in the law firm is negligence of the firm. When the counsel of records is the Law Firm, the negligence of the lawyer assigned to the case consisting in his leaving for abroad without notifying his colleagues is negligence of the Law Firm. Dacanay vs. Baker & Mckenzie Filipino lawyers cannot practice law under the name of a foreign law firm. Rule 3.03Where 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. RA 7160, Section 90 Name of partner should be dropped from the firm name when he accepts public office. If a partner in a law firm has accepted a public office, his name shall be removed from the firm name. Exception: If the law allows him to practice law concurrently while holding the position such as Sanggunian members are subject to certain restrictions. 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. A lawyer who seeks publicity to attract legal business is debasing the legal profession, specially so, if he pays something of value for it. CANON 4 A lawyer shall participate in the development of the Legal System by initiating or supporting efforts in law reform and in the improvement of the administration of justice. Canon 40, CPE An attorney may with propriety write articles for publications in which he gives information upon the law; but he should not accept employment from such publications to advise inquiries in respect to their individual rights. CANON 5 A lawyer shall keep abreast of legal development, participate in continuing legal education programs, support efforts to achieve high standards in law school as well as in

105, the practical training of law students and assist in disseminating information regarding the law and jurisprudence. What is the threefold obligation of a lawyer? First, he owes it to himself to continue improving his knowledge of the laws; Second, he owes it to his profession to take an active interest in the maintenance of high standards of high education. Third, he owes it to the law public to make the law a part of their social consciousness. De Roy vs. Court of Appeals, 157 SCRA 757 It is the bounden duty of counsel as lawyer in active law practice to keep upbreast of decisions of the Supreme Court particularly where issues have been clarified, consistently reiterated, and published in the advance report of Supreme Court decisions (G.R.s) and in such publications as the Supreme Court Reports Annotated (SCRA) and law journals. Zualo vs. CFI of Cebu, CA-G.R. No. 27718-R, July 7, 1961 Attorneys should familiarize themselves with the rules and comply with their requirements. They are also chargeable with notice of changes in the rules which have been held as including not only express reglementary provisions but also a regular practice under the Rules of Court. CANON 6 These canons shall apply to lawyers in government service in the discharge of their official tasks. Report of IBP Committee, p.30 A lawyer does not shed his professional obligations upon his assuming public office. However, lawyers who are incumbent judges and magistrates shall be governed in the performance of their official functions by the Code of Judicial Conduct which became effective on October 20, 1989. Public office - include elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount. (Sec. 3(b), RA 6173). The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties: commitment to public interest professionalism justness and sincerity political neutrality responsiveness to the public nationalism and patriotism

106, commitment to democracy simple living (Sec. 4, RA 6713) Collantes vs. Renomeron, 200 SCRA 584 If the lawyers misconduct in the discharge of his official duties as government official is of such a character as to affect his qualifications as a lawyer or to show moral delinquency, he may be disciplined as a member of the Bar on such ground. Rule 6.01.The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. State vs. Platon, 40 O.G. 6th Supp. 235 A prosecutor is a quasi-judicial officer and as such, he should seek equal and impartial justice. He should be as much concerned with seeing that no man innocent suffers as in seeing that no guilty man escapes. U.S. vs. Barredo, 32 Phil. 449 A conscious prosecuting official, whose investigations have satisfied him as to the innocence of persons charged with the commission of crime, should not institute criminal proceedings against such persons. In the event that the criminal proceedings have been instituted, and the investigations of the provincial fiscal have satisfied him that the accused person is innocent, or that evidence sufficient to secure conviction will not be forthcoming at the trial despite the exercise of due diligence to that end. It then becomes his duty to advise the court wherein the proceedings are pending as to the result of his investigations, and to move the court to dismiss the proceedings. Suarez vs. Platon, 69 Phil. 556 The interest of a prosecutor in a criminal prosecution is not to win a case but to see that justice is done. He should see to it that the accused is given a fair and impartial trial and not deprived of any of his statutory or constitutional rights. * A public prosecutor should recommend the acquittal of the accused whose conviction is on appeal, if he finds no legal basis to sustain the conviction. Triente vs. Sandiganbayan, 145 SCRA 508 Its role as the Peoples Advocate in the Administration of Justice to the end that the innocent be equally defended and set free just as it has the task of having the guilty punished. Rule 6.02.A lawyer in the government shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. If the law allows a public official to practice law concurrently, he must use his public position to feather his law practice. If the law does not allow him to practice his profession, he should not do so indirectly by being a silent partner in a law firm or by

107, securing legal business for a friend or former associate in the active practice of law receiving a share in the attorneys fees for his efforts. Report of IBP Committee, p.30 Government lawyers, who are public servants owe utmost fidelity to the public service. Public office is a public trust. They do not shed their professional obligation in assuming public positions. They should be more sensitive to their professional obligations as their disreputable conduct is more likely to be magnified in the public eye. Public officials are required to uphold the public interest over and above personal interest; must discharge their duties with the highest degree of excellence, professionalism, intelligence, and skill; provide service without discrimination; extend prompt, courteous and adequate service to the public; be loyal to the Republic; commit themselves to the democratic way of life and values; and lead modest lives. It is unethical for a government lawyer to remain secretly connected to a law Firm and solicit cases for the said firm with referral fees or monthly retainers for the purpose. Gonzales-Austria, et al. vs. Abaya, 176 SCRA 634 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 a government official. However, if the misconduct of a government official is of such a character as to affect his qualification as a lawyer or to show moral delinquency, then he may be disciplined as a member of the Bar upon such ground. Enriquez Sr. vs. Hon. Gimenez, 107 Phil. 933 Unlike a practicing lawyer who has the right to decline employment, a fiscal cannot refuse the performance of his functions on grounds not provided for by law without violating his oath of office. 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. Various ways a government lawyer leaves government service: retirement resignation expiration of the term of office dismissal abandonment What are the pertinent statutory provisions regarding this Rule? Sec. 3 (d) RA 3019 as amended and Sec. 7 (b) RA 6713. Section 3. Corrupt practice of public officers. In addition to acts or omission 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; x x x

108, (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 within one year after its termination; Section 7 (b) RA 6713 prohibits public official from doing any of the following acts: own , control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the 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. Section 1, Republic Act 910 it is a condition of the pension provided herein that no retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving said pensions shall appear as counsel in any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an officer or employee of the Government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the Government, national, provincial or municipal, or any of its legally constituted officers. CHAPTER II THE LAWYER AND THE LEGAL PROFESSION 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. Facts: A deed of absolute sale was notarized by the father of the buyer-minor who is also the stockholder and legal counsel for the vendor and was not duly commissioned as notary public of that date. (Nunga vs. Viray, 108A108d108m108.108 108C108a108s108e108 108N108o108.108 1084108710851088108,108 108A108p108r108i108l108 10831080108,108 1081108910891089108)108 108 108R108u108l108i108n108g108:108 108% 108A108 108l108a108w108y108e108r108 108b108r108i108n108g108s108 108h108o108n108o108r108 108a108n108d108 108i108n108t108e108g108r108i108t108y108 108t108o108 108t108h108e108 108l108e108g108a108l108 108p108r108o108f108e108s108s108i108o108n108 108b108y108 108f108a108i108t108h108f108u108l108l108y108 108p108e108r108f108o108r108m108i108n108g108 108h108i108s108

109, 109d109u109t109i109e109s109 109t109o109 109s109o109c109i109e109t109y109,109 109t109o109 109t109h109e109 109B109a109r109,109 109t109o109 109t109h109e109 109c109o109u109r109t109s109 109a109n109d109 109t109o109 109h109i109s109 109c109l109i109e109n109t109s109.109 109 109% 109A109 109m109e109m109b109e109r109 109o109f109 109t109h109e109 109l109e109g109a109l109 109f109r109a109t109e109r109n109i109t109y109 109s109h109o109u109l109d109 109r109e109f109r109a109i109n109 109f109r109o109m doing any act which might lessen in any degree the confidence and trust reposed by the public in the fidelity, honesty and integrity of the legal profession. Canon 29, CPE He should expose without fear or favor before the Supreme Court corrupt or dishonest conduct in the profession and should accept without hesitation employment against a lawyer who has wronged his client. 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. In re Ramon Galang, 66 SCRA 282 That the concealment of an attorney in his application to take the Bar examinations of the fact that he had been charged with, or indicted for an alleged crime, as a ground for revocation of his license to practice law, is well settled. Rule 138, Sec. 13, RRC No candidate shall endeavor to influence any member of the committee, and during examinations the candidates shall not communicate with each other nor shall they give or receive any assistance. The candidates who violates this prohibition or any other provision of this rule, shall be barred 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 of the court. 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. Canon 29, CPE A lawyer should aid in guarding the Bar against admission to the profession of candidates unfit or unqualified for being deficient in either moral character or education. Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character. The permissive right conferred on the lawyer is an individual and limited privilege subject to withdrawal if he fails to maintain proper standards of moral and professional conduct. Rule 7.03.A lawyer shall not engaged 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.

110, Melendrez vs. Decena, 176 SCRA 662 A lawyer who commits an unlawful act though not related to the discharge of his professional duties as a member of the Bar, which puts his moral character is serious doubt, renders him unfit to continue in the practice of law. In re: Pelaez, 44 Phil. 567 The grounds for disciplinary actions enumerated under the Rules of Court are not exclusive and are so broad as to cover practically any misconduct of a lawyer in his professional or private capacity. Toloza vs. Cargo, 171 SCRA 21 As officers of the court, lawyers must not only in fact be of good moral character but also be seen of good moral character and leading lives in accordance with the highest moral standards of the community. CANON 8 A lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel. The golden rule is much more needed in the legal profession than in any other profession for a better administration of justice. Yulo vs. Yang Chiao Seng, 106 Phil. 110 (1959) He should not take advantage of the excusable unpreparedness or absence of counsel during the trial of a case. Canon 9, CPE A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel. Rule 8.01.A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. A.B.A. Op. 17 (Jan. 23, 1930) The fact that one of them conducts himself improperly does not relieve the other from the professional obligation in his relation with him. Report of IBP Committee, p. 41 Any kind of language which attacks without foundation and integrity of the opposing counsel or the dignity of the court may be stricken off the records or may subject a lawyer to disciplinary action. Surigao Mineral Reservation Board vs. Cloribel, 31 SCRA 1 Disrespectful, abusive and abrasive language, offensive personality, unfounded accusations or intemperate words tending to obstruct, embarrass or influence the court in administering justice, or to bring it into disrepute have no place in a pleading. Their

111, employment serves no useful purpose and on the contrary constitutes direct contempt or contempt in facie curiae. In re: Gomez, 43 Phil. 376 A lawyer who uses intemperate, abusive, abrasive or threatening language portrays disrespect to the court, disgraces the Bar and invites the exercise by the court of its disciplinary power. In re: Climaco, 55 SCRA 107 A lawyers language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession. National Security Co. vs. Jarvis The lawyers arguments, whether written or oral, should be gracious to both the court and opposing counsel and be of such words as may be properly addressed by one gentleman to another. Rheem of the Philippines vs. Ferrer, 20 SCRA 441 Lack of want of intention is no excuse for the disrespectful language employed. Counsel cannot escape responsibility by claiming that his words did not mean what any reader must have understood them as meaning. Rule 8.02.A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of the lawyer, without fear or favor, to give 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 a 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 feather his law practice. Laput vs. Remotigue, 6 SCRA 45 (1962) It is, however, the right of a lawyer, without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful counsel. He may properly accept employment to handle a matter which has been previously handled by another lawyer, provided that the other lawyer has been given notice by the client that his services have been terminated. In re: Soriano, 33 SCRA 801 (1970) x x x Before taking over a case handled by a peer in the Bar, a lawyer is enjoined to obtain the conformity of the counsel whom he would substitute. And if this cannot be had, then he should, at the very least, give notice to such lawyer of the contemplated substitution.

112, His entry of appearance in the case without the consent of the first lawyer amounts to an improper encroachment upon the professional employment of the original counsel. In re: Clemente M. Soriano, 33 SCRA 801 (1970) A lawyer who has acquired knowledge of the malpractices of a member of a Bar, has the duty to the public and to the legal profession to inform the Supreme Court or the IBP of such malpractices to the end that the malpractitioner be properly disciplined. Canon 7, CPE 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. He should decline association as a colleague if it is objectionable to the original counsel, but if the lawyer first retained is relieved, he may come into the case. CANON 9 A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law. Rule 71, sec.3 (e), Revised Rules of Court The act of pretending or assuming to be an attorney or an officer of the court and acting as such without authority is punishable with contempt of court. The lawyer who assists in an unauthorized practice of law whether directly or indirectly is subject to disciplinary action. Rule 9.01A 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. Guballa vs. Caguioa, 78 SCRA 302 A lawyer is prohibited from taking as partner or associate any person who is not authorized to practice law to appear in court or to sign pleadings. A lawyer, who is under suspension from practice of law is not a member of the Bar in good standing. A lawyer whose authority to practice has been withdrawn due to a change in citizenship or allegiance to the country cannot appear before the courts. Comments of IBP Committee, pp. 47-48 A lawyer can employ lay secretaries, lay investigators, lay detectives, lay researchers, accountants or non-lawyer draftsmen, to undertake any task not involving practice of law. He may also avail himself of the assistance of law students in many of the fields of the lawyers work, such as the examination of a case law, finding and interviewing witness, examining court records, delivering papers, and similar matters. Rule 9.02.A lawyer shall not divide or stipulate a fee for legal service with persons not licensed to practice law, except: where there is a pre-existing agreement with the 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 where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

113, where the lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole as in part, on a profit-sharing arrangement. Five J Taxi v. NLRC As a non-lawyer, Pulia is not entitled to attorneys fees even though he is the authorized representative of the respondents to the NLRC. The existence of an attorneys fee imputes an attorney-client relationship. This cannot happen between Pulia and respondents. CHAPTER III THE LAWYER AND THE COURTS CANON 10 A lawyer owes candor, fairness and good faith to the court. Langen vs. Borkowski, 188 Wis 277, 43 ALR 622 (1925) A lawyer owes the court the duty to render no service or to do no act which involves disrespect to the judicial office adoption of legal proposition which is not honestly debatable artifice or false statement of fact or law to mislead the court unlawful conspiracy with his client, a third person or a judge tending to frustrate or delay the administration of justice or to secure for his client that which is not legally or justly due him A.B.A. Op. 280 / Canon 5, 15 of CPE A lawyer, however, though an officer of the court and charged with the duty of candor and fairness, is not an umpire but an advocate. He is under no duty to refrain from making every proper argument in support of any legal point because he is not convinced of its inherent soundness. His personal belief in the soundness of his cause or of the authorities supporting it is irrelevant. Muoz vs. People, 53 SCRA 190 The burden cast on the judiciary would be intolerable if it could not take at face value what is asserted by counsel. The time that will have to be devoted just to the task of verification of allegations submitted could easily be imagined. Even with due recognition then that counsel is expected to display the utmost zeal in defense of a clients cause, it must never be at the expense of deviation from the truth. 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 mislead by any artifice. People vs. Manobo, 18 SCRA 30 (1996) A lawyer should not, in the defense of his client, put a witness on the stand whom he knows will give a false testimony. He should not distort the facts in disregard of the truth and the law nor make improvident arguments based thereon or on the facts on record. Some Cases of Falsehoods Which Merited Discipline

114, Lawyers falsely stating in a deed of sale that property is free from all liens and encumbrances when it is not so (Sevilla vs. Zoleta, 96 Phil. 979); Lawyers making it appear that a person, long dead, executed a deed of sale in his favor (Monterey vs. Arayata, 61 Phil. 820); Lawyer, encashing a check payable to a deceased cousin by signing the latters name on the check (In re: Samaniego, 90 Phil. 382); Lawyer falsifying a power of attorney and used it in collecting the money due to the principal and appropriating the money for his own benefit (In re: Rusina, 105 Phil. 1328); Lawyer alleging in one pleading that his clients were merely lessees of the property involved, and alleged in a later pleading that the same clients were the owners of the same property (Chavez vs. Viola, G.R. 2152, 19 April 1991) where there are false allegations in peadlings. Lawyer uttering falsehood in a Motion to Dismiss (Martin vs. Moreno, 129 SCRA 315). Lawyer denying having received the notice to file brief which is belied by the return card (Ragacejo vs. IAC, 153 SCRA 462). Lawyer presenting falsified documents in court which he knows to be false (Bautista vs. Gonzales, 182 SCRA 151) or introducing false evidence (Berrenguer vs. Carranza, 26 SCRA 673). Lawyer filing false charges or groundless suits (Retuya vs. Gorduiz, 96 SCRA 526). Art. 184, Revised Penal Code Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section. 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 the 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. Insular Life Assurance Co. Employees Association v. Insular Life Assurance Co., 37 SCRA 244 (1971) x x x in citing the Courts decision and rulings, it is the duty of courts, judges and lawyers to reproduce or copy the same word-for-word and punctuation mark-forpunctuation mark. xxx. Article 8 of Civil Code reads: Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines. Ever present is the danger that if not faithfully and exactly quoted, the

115, decisions and rulings of the SC may lose their proper and correct meaning, to the detriment of other courts, lawyers and public who may thereby be misled. Adez Realty v. CA, 215 SCRA 301 (1992) x x x The legal profession demands that lawyers thoroughly go over pleadings, motions, and other documents dictated or prepared by them, typed or transcribed by their secretaries or clerks, before filing them with the court. If a client is bound by the acts of his counsel, with more reason should counsel be bound by the acts of his secretary who merely follows his orders. Banogon vs. Zerna, 154 SCRA 593 Lawyers must not intentionally misread or interpret the law to the point of distortion in cunning effort to achieve their purposes. Rule 10.03.A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. Aguinaldo vs. Aguinaldo, 36 SCRA 137 The aim of the lawsuit is to render justice to the parties according to law. Procedural rules are precisely designed to accomplice such a worthy objective. Necessarily, therefore, any attempt pervert the ends for which they are intended deserves condemnation. Canlas vs. Court of Appeals, 164 SCRA 160 A litigation is not a game of technicalities of which one, more deeply schooled and skilled in the subtle art of movement and position, entraps and destroys the other. It is rather, a contest in which each contending party fully and fairly lays before the court the facts in issue and then, brushing aside as wholly trivial and indecisive all imperfections of form and technicalities of procedure, asks that justice be done upon merits. Macias vs. Uy Kim, 45 SCRA 251 Procedural rules are instruments in the speedy and efficient administration of justice. They should be used to achieve such end and not to derail it. Thus, the filing by a lawyer by a multiple petitions regarding the same subject matter constitutes abuse of the courts processes and improper conduct that tends to obstruct and degrade the administration of justice. Garcia vs. Francisco, 220 SCRA 512 (1993) A lawyer should not abuse his right of recourse to the courts for the purpose of arguing a cause that had been repeatedly rebuffed. Neither should he use his knowledge of law as an instrument to harass a party nor to misuse judicial processes, as the same constitutes serious transgression of the Code of Professional Responsibility. For while he owes fidelity to the cause of his client, it should not be at the expense of truth and the administration of justice. Gomez vs. Presiding Judge, 249 SCRA 432 (1995)

116, As an officer of the court, a lawyer should not misuse the rules of procedure to defeat the ends of justice or unduly delay or impede the execution of final judgment, otherwise he may be subjected to disciplinary sanctions. CANON 11 A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others. A lawyer is an officer of the court (Salcedo vs. Hernandez, 61 Phil. 724). He occupies a quasi-judicial office with a tripartite obligation to the courts, to the public and to his clients.(Cantorne vs. Ducosin, 57 Phil. 23). The public duties of the attorney takes precedence over his private duties. His first duty is to the courts. Where duties to the courts conflict with his duties to his clients, the latter must yield to the former (Langen vs. Borkowski, 43 ALR 622). The respect is not only toward the Justices and Judges but also to other officers of the Courts like Clerk of Court, Sheriffs and other judicial officers who take part in the judicial work. Facts: A lawyer files groundless administrative charges against a judge who has rendered an unfavorable judgment against him for purposes of harassing said judge and in hopes that such administrative charges will secure a favorable judgment from the appellate courts which have taken cognizance of the 116l116a116t116t116e116r116 s116 116a116p116p116e116a116l116.116 116(116C116h116o116a116 116v116s116.116 116C116h116i116o116n116g116s116o116n116,116 116211661160116 116S116C116R116A116 116411671167116,116 116A116u116g116u116s116t116 1169116,116 1161116911691166116)116.116 116R116u116l116i116n116g116:116 116% 116A116n116y116 116c116r116i116t116i116c116i116s116m116 116a116g116a116i116n116s116t116 116 116a116 116j116u116d116g116e116 116m116a116d116e116 116i116n116 116t116h116e116 116g116u116i116s116e116 116o116f116 116a116n116 116a116d116m116i116n116i116s116t116r116a116t116i116v116e116 116c116o116m116p116l116a116i116n116t116 116w116h116i116c116h116 116i116s116 116c116l116e116a116r116l116y116 116u116n116f116o116u116n116d116e116d116 116a116n116d116 116i116m116p116l116i116e116d116 116b116y116 116u116l116t116e116r116i116o116r116 116m116o116t116i116v116e116 116w116i116l116l116 116n116o116t116 116e116x116c116u116s116e116 116t116h116e116 116l116a116w116y116e116r116 116r116e116s116p116o116n116s116i116b116l116e116 116t116h116e116r116e116f116o116r116e116 116u116n116d116e116r116 116h116i116s116 116d116u116t116y116 116o116f116 116f116i116d116e116l116i116t116y116 116t116o116 116h116i116s116 116c116l116i116e116n116t116.116 116

117, 117% 117L117a117w117y117e117r117s117,117 117a117s117 117o117f117f117i117c117e117r117s117 117o117f117 117t117h117e117 117c117o117u117r117t117,117 117s117h117o117u117l117d117 117n117o117t117 117e117n117c117o117u117r117a117g117e117 117g117r117o117u117n117d117l117e117s117s117 117a117d117m117i117n117i117s117t117r117a117t117i117v117e117 117c117a117s117e117s117 117a117g117a117i117n117s117t117 117c117o117u117r117t117 117o117f117f117i117c117e117r117s117 117a117n117d117 117e117m117p117l117o117y117e117e117s117.117 117 117G117u117e117r117r117e117r117o117 117v117.117 117V117i117l117l117a117m117o117r117,117 117111771179117 117S117C117R117A117 117311751175117 117(1171117911781179117)117 117 117x117 117x117 117x117 117T117h117e117 117p117o117w117e117r117 117t117o117 117p117u117n117i117s117h117 117f117o117r117 117contempt should be used sparingly, so much so that judges should always bear in mind that the power of the court to punish for contempt should be exercised for purposes that are impersonal. It is intended as a safeguard not for judges as persons but for the functions that they exercise. x x x Be that as it may, lawyers, on the other hand, should bear in mind their basic duty to observe and maintain the respect due to the courts of justice and judicial officers and xxx to insist on similar conduct by others. Abiera v. Maceda, 233 SCRA 520 (1994) x x x Complainant should be reminded of his primary duty to assist the court in the administration of justice. It bears stressing that the relations between counsel and judge should be based on mutual respect and on a deep appreciation by one of the duties of the other. It is upon their cordial relationship and mutual cooperation that the hope of our people for speedy and efficient justice rests. De Leon vs. Torres, 99 Phil.463 However erroneous they may be, court orders must be respected by lawyers who are themselves officers of the court. Rule 11.01.A lawyer shall appear in court properly attired. Lawyers who appear in court must be properly attired. The traditional attires for male lawyers in the Philippines are the long-sleeve Barong Tagalog or coat and tie. Female lawyers appear in a semi-formal attires. Judges also appear in the same attire in addition to black robes. The Court can hold the lawyer in contempt of court if he appears not in proper attire. Rule 11.02.A lawyer shall punctually appear at court hearings. Counsel may even be held in contempt in coming late in the hearing or trial of case (Rule 71, Section 3 (a) RRC) or for failing to appear in a trial (People vs. Gagul, 2 SCRA 752).

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Cantelang vs. Medina, 91 SCRA 403 (1979) He owes it not only to his client but to the court and the public as well to be punctual in attendance and to be concise and direct in the trial and disposition of causes. Rule 11.03.A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts. Surigao Mineral Reservation Board vs. Cloribel, 31 SCRA 1 (1970) A lawyers language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession. A lawyer who uses intemperate, abusive, abrasive or threatening language shows disrespect to the court, disgraces the bar and invites the exercise by the court of its disciplinary power. Buenaseda vs. Flavier, 226 SCRA 645, 770 (1993) The language of a lawyer, both oral and written, must be respectful and restrained in keeping with the dignity of the legal profession and with his behavioral attitude toward his brethren in the profession. The use of abusive language by counsel against the opposing counsel constitutes at the same time a disrespect to the dignity of the court justice. Moreover, the use of impassioned language in pleadings, more often than not, creates more heat than light. Baja vs. Macandog, 158 SCRA 391 (1988) It must not, however, forgotten that a lawyer pleads; he does not dictate. He should be courageous, fair and circumspect, not petulant or combative or bellicose in his dealings with the court. Sangalang v. IAC, 177 SCRA 87 (1989) x x x Atty. Sangco is entitled to his opinion, but not to a license to insult the Court with derogatory statements and recourses to argumenta ad hominem. x x x Of course, the Court is not unreceptive to comments and critique of its decisions, provided that they are fair and dignified. Paragas vs. Cruz, 14 SCRA 809 A mere disclaimer of any intentional disrespect by appellant is no ground for exoneration. His intent must be determined by a fair interpretation of the languages by him employed. He cannot escape responsibility by claiming that his words did not mean what any reader must have understood them as meaning. Zaldivar vs. Gonzales, 166 SCRA 316 The lawyers duty to render respectful subordination to the courts is essential to the orderly administration of justice. Hence, in the assertion of the clients rights, lawyers even those gifted with superior intellect, are enjoined to rein up their tempers.

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Rule 11.04.A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. Maceda vs. Ombudsman, G.R. No. 102781, April 22, 1993 A lawyer has the duty to defend a judge from unfounded criticism or groundless personal attack. This is irrespective of whether he loses or wins his cases in the sala of a judge. However, such duty does not prevent a lawyer from filing administrative complaints against erring judges or from accepting cases of clients who have legitimate grievances against them. In doing so, the complaint must be filed with proper authorities only, that is, with the Supreme Court (through the Office of the Court Administrator), if the case is administrative in nature, or with the Office of the Ombudsman if the complaint is criminal and not purely administrative in nature. In re: Aguas, 1 Phil. 1 There are times when it is the judge who misbehaved during a court proceeding. The affected lawyer may demand that the incident be made of record. This act of the lawyer is not contemptuous. People vs. Carillo, 77 Phil. 583 Counsel must be courageous enough to point out errors, arbitrariness, and injustices of courts and judges. The fear of provoking displeasure of the affected judges must not deter them from complying with their civil and legal duty to object to, oppose, and protest against illegal or erroneous judicial decisions, resolutions, acts or conduct. Judges and tribunals are not infallible. In re: Almacen, 31 SCRA 562 (1970) X x x Every citizen has the right to comment upon and criticize the actuations of public officers. This right is not dismissed by the fact that the criticism is aimed at a judicial authority, or that it is articulated by a lawyer. Such right is especially recognized where the criticism concerns a concluded litigation, because then the courts actuations are thrown open to public consumption. Courts thus treats with forbearance and restraint a lawyer who vigorously assails their actuations for courageous and fearless advocates are the strands that weave durability into the tapestry of justice. Hence as citizen and officer of the court, every lawyer is expected not only to exercise the right, but also to consider it his duty to expose the shortcomings and indiscretions of courts and judges. But it is the cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety. Post litigation utterances or publications made by lawyers, critical of the courts and their judicial actuations, whether amounting to a crime or not, which transcend the permissible bounds of fair comment and legitimate criticism and thereby tend to bring them into dispute or to subvert public confidence in their integrity and in the orderly administration of justice, constitute grave professional misconduct which may be visited with disbarment or other lesser appropriate disciplinary sanctions by the SC in the exercise of the prerogatives inherent in it as the duly constituted guardian of the morals and ethics of the legal fraternity.

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x x x It is not accurate to say, nor is it an obstacle to the exercise of the Courts authority in the premises, that, as Atty. Almacen would have appear, the members of the Court are the complainants, prosecutors and judges all rolled up into one in this instance. This is an utter misapprehension, if not a total distortion, not only of the nature of the proceeding at hand but also of the Courts role therein. Accent should be laid on the fact that disciplinary proceedings like the present are sui generis. Neither purely civil nor criminal, this proceeding is not and does not involve a trial of an action or a suit, but is rather an investigation by the Court into the conduct of its officers. Not being intended to inflict punishment, it is in no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor therein. It may be initiated by the court motu proprio. Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of the attorney. In such posture, there can thus be no occasion to speak of a complainant or a prosecutor. Choa vs. Chiongson, 260 SCRA 477 (1996) The right of a lawyer to comment on a pending litigation or to impugn the impartiality of a judge to decide it is much circumscribed. What he can ordinarily say against a concluded litigation and the manner the judge handed down the decision therein may not generally be said to a pending action. The court, in a pending litigation, must be shielded from embarrassment or influence in its all important duty of deciding the case. In re: Lozano, 54 Phil. 801 A lawyer envoys a wider latitude of comment on crisis or criticism of the judges decision or his actuation. It has been held that 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. Facts: Atty. X, while trying his clients case, filed several manifestations which contained veiled threats against court. He also imputed that the court should decide in his favor to help dispel the image of the court as being composed of only the elite but who are nonetheless ignorant. (In re: Ponciano B. Jacinto, 159 SCRA 471, April 6, 1998) Ruling: 12012 01201201201201201201201201201201201201201201201201201201201201201201201 20120120120120120120120120120120120120120120120120120120120120120120120 12012012012012012012012012012012012012012012012012012012012012012012012 0120120120120120120120120120120120% 120R120e120p120e120a120t120e120d120l120y120 120i120n120s120u120l120t120i120n120g120 120a120n120d120

121, 121t121h121r121e121a121t121e121n121i121n121g121 121t121h121e121 121C121o121u121r121t121 121i121n121 121a121 121m121o121s121t121 121b121o121o121r121i121s121h121 121a121n121d121 121i121n121s121o121l121e121n121t121 121m121a121n121n121e121r121,121 121m121a121k121i121n121g121 121i121r121r121e121s121p121o121n121s121i121b121l121e121 121c121h121a121r121g121e121s121 121a121n121d121 121i121n121s121i121n121u121a121t121i121o121n121s121 121t121h121a121t121 121b121e121s121m121i121r121c121h121 121t121h121e121 121h121i121g121h121e121s121t121 121t121r121i121b121u121n121a121l121 121a121n121d121 121u121n121d121e121r121m121i121n121e121 121p121o121p121u121l121a121r121 121f121a121i121t121h121 121i121n121 121i121t121s121 121i121n121t121e121g121r121i121t121y121,121 121r121e121f121l121e121c121t121s121 121a121 121s121u121p121e121r121c121i121l121i121o121u121s121 121a121n121d121 121c121o121n121t121e121m121p121t121u121o121u121s121 121regard for the Court, which cannot be left unnoticed and unpunished. 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 personnel thereof. Maceda v. Vasquez, 221 SCRA 464 (1993) x x x Art. VII Sec. 6 of the 1987 Constitution exclusively vests in the Supreme Court administrative supervision over all courts and court personnel, from the Presiding Justice of the Court of Appeals down to the lowest municipal court clerk. By virtue of this power, it is only the SC that can oversee the judges and court personnels compliance with all laws, and take the proper administrative action against them if they commit any violation thereof. No other branch of the government may intrude into this power, without running afoul of the doctrine of the separation of powers. The Ombudsman cannot justify its investigation of petitioner on the powers granted to it by the Constitution, for such a justification not only runs counter to the specific mandate of the Constitution granting supervisory powers to the SC, but likewise undermines the independence of the judiciary. xxx xxx where a criminal complaint against a judge or other court employee arises from their administrative duties, the Ombudsman must defer action on said complaint and refer the same to the Court for determination whether said judge or court employee had acted within the scope of their administrative duties. Maglasang v. People, 190 SCRA 306 (1990) X x x The Supreme Court is supreme the third great department of government entrusted exclusively with the judicial power to adjudicate with finality all justiciable disputes, public and private. No other department or agency may pass upon its judgment or declare them unjust. Consequently and owing to the foregoing, not even the

122, President of the Philippines as Chief Executive may pass judgment on any of the Courts Acts. Urbina vs. Maceren, 57 SCRA 403 (1974) The duty of the bar to support the judge against unjust criticism and clamor does not, however, preclude a lawyer from filing administrative complaints against erring judges or from acting as counsel for clients who have legitimate grievances against them. But the lawyer should file charges against the judge before the proper authorities only and only after proper circumspection and without the use of disrespectful language and offensive personalities so as not to unduly burden the court in the discharge of its functions. CANON 12 A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. Rule 138, S. 20 (g) It is the duty of attorneys not to encourage suits or delay any mans cause from any corrupt motive or interest. Const., Art. III, Sec. 16 All persons have the right to speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies. People vs. Jardin, 124 SCRA 167 The dilatory tactics of the defense counsel and the failure of both the judge and the fiscal to take effective counter measures to obviate the delaying acts constitute obstruction of justice. Cantorne vs. Ducosin, 57 Phil. 23 (1932) Any act on the part of a lawyer that obstructs, perverts or impedes the administration of justice constitutes misconduct and justifies disciplinary action against him 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, and the evidence he will adduce and the order of its profference. He should also be ready with the original documents for comparison with the copies. A lawyer is not adequately prepared unless he has a mastery of the facts of his case, the law and jurisprudence applicable thereto and upon which he can appropriately anchor his theory or instance. He must have collated every piece of evidence essential to establish his case and essential to demolish the pretense of the opponents theory and capable of presenting and offering his evidence in an orderly and smooth manner without provoking valid objections. Villasis vs. Court of Appeals, 60 SCRA 120

123, A newly hired counsel who appears in a case in the midstream is presumed and obliged to acquaint himself with all the antecedent processes and proceedings that have transpired in the record prior to his takeover. Martins Legal Ethics, p. 47, 1988 ed. Half of the work of the lawyer is done in the office. It is spent in the study and research. Inadequate preparation obstructs the administration of justice. Rule 12.02A lawyer shall not file multiple actions arising from the same cause. Restrictions are intended to prevent forum-shopping (which is the improper practice of going from one court to another in the hope of securing a favorable relief in one court which another court has denied). Forum Shopping exists when as a result of an adverse opinion in one forum: a party seeks favorable opinion (other than by appeal or certiorari) in another, or when he institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or the other would make a favorable disposition (Benguet Electric Corp. vs. Flores 287 SCRA 449, March 12, 1998). First Phil. International Bank vs. Court of Appeals, 252 SCRA 259 (1996) The test in determining whether a party has violated the rule against forum shopping is: whether the elements of litis pendentia are present; or whether a final judgment in one case will amount to res judicata in the other. Paredes vs. Sandiganbayan, 252 SCRA 641 (1996) The mere filing of several cases based on the same incident does not necessarily constitute forum shopping. The question is whether the several actions filed involve the same transactions, essential facts and circumstances. If they involve essentially different facts, circumstances and causes of action, there is no forum shopping. Garcia vs. Francisco, AC No. 3923, March 30, 1993 A lawyer owes fidelity to the cause of his client but not at the expense of truth and the administration of justice. By grossly abusing his right of recourse to the courts for the purpose of arguing a cause that had been repeatedly rebuffed, he was disdaining the obligation of the lawyer to maintain only such actions or proceedings, as appear to him to be just and such defenses only as he believes to be honestly debatable under the law. By violating his oath not to delay any man for money or malice, he has besmirched the name of an honorable profession and has proved himself unworthy of the trust reposed to him by law as an officer of the Court. Three Ways in which the Forum Shopping is Committed: 1.Going from one court to another in the hope of securing a favorable relief in one court, which another court has denied.2.Filing repetitious suits or proceeding in different courts concerning the same subject matter after one court has decided the suit with

124, finality.3.Filing a similar case in a judicial court after receiving an unfavorable judgment from an administrative tribunal. Last par., Sec. 5, Rule 7, ROC Failure to comply with the requirements for, the submission of a certification against forum shopping in initiatory pleadings shall not be curable by mere amendment of the complaint or other initiatory pleading, but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings in a certification of no forum shopping 1. shall constitute indirect contempt of court 2. 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: 1. ground for summary dismissal with prejudice; and shall 2. constitute direct contempt, as well as 3. cause for administrative sanctions. Q.Theresa gave birth to a baby boy by caesarian operation. A week after her discharge from the hospital, she felt incessant pain in her abdomen and, upon consultation with an obstetrician, it was discovered that a medical instrument and a swab of cotton were left inside her abdomen by the doctor who conducted the caesarian operation. Theresa then filed a criminal case against the doctor in the RTC and an administrative case with the Professional Regulations Commissions. Having been informed of the filing of the case in the RTC of which you were the presiding judge and before the PRC almost simultaneously, how would you dispose of the criminal case in your court? A.I would proceed with the hearing of the criminal case. There is no forum shopping in this case because the two actions are based on different causes of action. The case before the PRC is based on malpractice while the criminal case in the RTC is based on negligence. Q.X sustained physical injuries due to a motor vehicle collision between the car he was driving and the public utility bus, requiring her confinement for 30 days at ABC hospital. After her release from the hospital, she filed a crminal complaint against the bus driver for serious physical injuries through reckless imprudence before the Makati Prosecutors Office. She also filed civil complaint before the Paraaque RTC against the bus driver and operator for compensatory, moral, exemplary and other damages. Aside from the two complaints, she additionally filed an administrative complaint against the bus operator with the LTFRB for cancellation or suspension of the operators franchise. Would you say that she and her lawyer were guilty of forum-shopping? A.NO. There is no forum-shopping in the simultaneous filing of criminal case and a civil case in this instance. Art. 33 of the Civil Code allows the filing of an injured party of a civil action for damages entirely separate and distinct from the criminal action in cases of defamation, fraud and physical injuries. There is also no forum-shopping involved in

125, filing administrative complaint against the operator of LTFRB. It is for a different cause of action, the cancellation or suspension of operators franchise. Rule 12.03.A lawyer shall not, after obtaining extensions to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so. Achacoso vs. Court of Appeals, 51 SCRA 424 The court censures the practice of counsels who secures repeated extensions of time to file their pleadings and thereafter simply let the period lapse without submitting the pleading on even an explanation or manifestation of their failure to do so. There exists a breach of duty not only to the court but also to the client. Rule 12.04.A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. The aim of a suit is to render justice to the parties according to law and free from the laws delay. Rules of procedure are designed to accomplish such objective. A lawyer should use the rules for this purpose and not for its frustration. The lawyer has the duty to temper his clients propensity to litigate. If a lawyer is honestly convinced of the futility of an appellate review or appeal in a civil suit he should not hesitate to inform his client that most likely the verdict would not be altered. Garcia v. Francisco, 220 SCRA 512 (1993) X x x A lawyer owes fidelity to the cause of his client but not at the expense of truth and the administration of justice. X x x By grossly abusing the right of recourse to the courts for the purpose of arguing a cause that had been repeatedly rebuffed, he was disdaining the obligation of the lawyer to maintain only such actions or proceedings as appear to him to be just and such defenses only as he believes to be honestly debatable under the law. By violating his oath not to delay a man for money or malice, he has besmirched the name of an honorable profession and has proved himself unworthy of the trust reposed in him by law as an officer of the Court. Perez vs. Lazatin, 23 SCRA 645 Lawyers should not resort to nor abet the resort of their clients, to a series of actions and petitions for the purpose of thwarting the execution of a judgment that has long become final and executory. People vs. Jardin, 124 SCRA 167 A judge should be quick enough to prevent a lawyer from resorting to dilatory tactics which obstruct the administration of justice. Rule 12.05.A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination.

126, Purpose is to prevent the suspicion that he is coaching the witness what to say during the resumption of the examination. The rationale therefore of this rule is to uphold and maintain fair play with the other party and to prevent the examining lawyer from being tempted to coach his own witness to suit his purpose. Rule 12.06.A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. A lawyer may lawfully and ethically interview witnesses in advance of trial as in fact it is his duty as part of his preparation for trial. Canon 39, CPE A lawyer may properly interview any witness or prospective witness for the opposing side in any civil or criminal action without the consent of opposing counsel or party. He should scrupulously avoid any suggestion calculated to induce the witness to suppress or deviate from the truth, or in any degree to affect his free and untrammeled conduct when appearing at a trial or on the witness stand. The witness who commits the misrepresentation is criminally liable for False Testimony either under Art. 181, 182 or 183, Revised Penal Code depending upon the nature of the case. The lawyer who induces a witness to commit false testimony is equally guilty as the witness. Art. 184, Revised Penal Code The lawyer who presented a witness knowing him to be a false witness is criminally liable for Offering False Testimony In Evidence The lawyer who is guilty of the above is both criminally and administratively liable. Subornation of perjury Subornation of perjury is committed by a person who knowingly and willfully procures another to swear falsely and the witness subornated does testify under circumstances rendering him guilty of perjury (U.S. vs. Ballena, 18 Phil. 382). People vs. Bautista, 76 Phil. 184 (1946) Aside from the fact that the testimony of a witness who admits having been instructed what to say may not be relied upon by the court, a lawyer who presents a witness whom he knows will give a false testimony may be subjected to disciplinary action. Q.Jaja testified as a witness in case that Atty. Isip is handling. When the case terminated, Jaja asked for her fees from Atty. Isip. Can Jaja compel said counsel to pay her? A.NO. A lawyer may not pay (or guarantee, or allow the client to pay) the amount to witness other than reasonable reimbursement for their expenses and loss of time. Of course an expert witness may be paid a reasonable fee for services, both in testifying and pre-trial preparation.

127, However, under no circumstances may the lawyer agree to pay even an expert witness a fee contingent upon the content of the witness testimony and/or the outcome of the proceeding. Rule 12.07. A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him. 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 a witness: to be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; not to be detained longer than the interest of justice requires; not to be examined except only as to matters pertinent to the issue; not to give an answer which will tend to be subject him to penalty for an offensive unless otherwise provided by law; 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 final conviction for an offense. (Rule 132, Sec. 3, ROC) Rule 12.08.A lawyer shall avoid testifying in behalf of his client, except: on formal matters, such as mailing, authentication or custody of an instrument and the like; or on substantial matters, in cases where his testimony is essential to the end of justice, in which even he must, during hi testimony, entrust the trial of the case to another counsel. PNB v.Tieng Piao, 57 Phil 337 (1932) x x x although the law does not forbid an attorney to be a witness and at the same time an attorney in a case, the courts prefer that counsel should not testify as a witness unless it is necessary, and that they should withdraw from the active management of the case. 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 or influencing the Court. In prosecuting or defending cases, the lawyer must be guided by the principles of justice. He must rely on the merits of his cases and should avoid using influence and connections to win his cases. His cases must be won because they are meritorious and not because of connections, clout, dominance or influence. Rule 13.01.A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for, cultivating familiarity with Judges. Canon 3, CPE

128, A lawyer should avoid marked attention and unusual hospitality to a judge, uncalled for by the personal relations of the parties, because they subject him and the judge to misconceptions of motives. Report of IBP Committee, p. 70 In order not to subject both the judge and the lawyer to suspicion, the common practice of some lawyers of making judges and prosecutors godfathers of their children to enhance their influence and their law practice should be avoided by judges and lawyers alike. Austria vs. Masaquel, 20 SCRA 1247 It is improper for a litigant or counsel to see a judge in chambers and talk to him about a matter related to the case pending in the court of said judge. Rule 13.02.A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Cruz v. Salva, 105 Phil 1151 (1951) X x x Members of the court were greatly disturbed and annoyed by such sensationalism, which may be laid at the door of Salva. In this, he committed a grievous error and poor judgment. His actuations in this regard went well beyond the bounds of prudence, discretion, and good taste. It is bad enough to have such undue publicity when a criminal case is being investigated by the authorities, even when it is being tried in court; but when said publicity is encouraged when the case is on appeal and is pending consideration by this court, the whole thing becomes inexcusable, even abhorrent. Marcelino vs. Alejandro, 32 SCRA 106 In order to warrant a finding of prejudicial publicity, there must be an allegation and proof that the judges have been unduly influenced, not simply that they might be, by the barrage of publicity. In re: Gomez, 43 Phil. 376 If the counsel instigated or induced his client to make the public statement or publicity in the media involving a pending case to arouse public opinion and to influence the judge, both the client and the lawyer maybe subjected to contempt of court. After the case had already been finished, the rule in progressive jurisdictions is that, courts are subject to the same criticism as other people. In re: Lozano, 54 Phil. 801 In a concluded litigation, a lawyer enjoys a wider latitude of comment on or criticize the decision of s judge or his actuation. Thus, it has been held that 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. Rule 13.03.A lawyer shall not brook nor invite interference by another branch or agency in the government in the normal course of judicial proceedings.

129, Bumanglag vs. Bumanglag, 74 SCRA 92 When a case is already within the jurisdiction of a court, the lawyer should not cause or seek the interference of another agency of the Government in the normal course of judicial proceedings. CHAPTER IV THE LAWYER AND THE CLIENT Regala vs. Sandiganbayan, G.R. No. 105938 (Sept. 20, 1996) Historically, the nature of the lawyer-client relationship is premised on the Roman Law concepts: locatio conduction operarum (contract of lease of services) where one lets his services for compensation and another hires them without reference to the object which the services are to be performed; and mandato (contract of agency) whereby a friend on whom reliance could be placed makes a contract in his name but gives up all that he gained by the contract to the person who requested him. In a modern day understanding of the lawyer-client relationship, an attorney is more than a mere agent or servant because he possesses special powers of trust and confidence reposed on him by his client. He is also as independent as a judge, with powers entirely different from and superior to those of an ordinary agent. Rule 138, Section 21, Rules of Court The relation of attorney and client begins from the time an attorney is retained. The term retainer may refer either of two concepts. It may refer to the act of a client by which engages the services of the attorney: to render legal advice, or to defend or prosecute his cause in court. It is general or special. A general retainer is one the purpose of which is to secure before hand the services of an attorney for any legal problem that may afterward arise. A special retainer has reference to a particular case or service. The word retainer may also refer to the fee which a client pays to an attorney when the latter is retained known as retaining fee. A retaining fee is a preliminary fee paid to insure and secure his future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party and of receiving pay from him, and the payment of such fee, in the absence of an agreement on the contrary, is neither made nor received in consideration of the services contemplated; it is apart from what the client has agreed to pay for the services which he has retained him to perform. Its purpose is to prevent undue hardship on the part of the attorney resulting from the rigid observance of the rule forbidding him from acting as counsel for the other party has been retained by or has given professional advice to the opposite party. Existence of Attorney-Client Relationship

130, a.Documentary Formalism NOT an essential element in the employment of an attorney, contract may be EXPRESSED OR IMPLIED. b. Implied acceptance it is sufficient that advice and assistance of an attorney is sought and received in any matter pertinent to his profession; it is enough that a lawyer acceded to a clients request. Rule 138, Section 21, Rules of Court An attorney has no power to act as counsel or legal representative for a person without being retained nor may he appear in court for a party without being employed unless by leave of court. There must be a contract of employment, express or implied, between him and the party he purports to represent or the latters authorized agent. If he corrupt or willfully appears as an attorney for a party to a case without authority, he may be disciplined or punished for contempt as an officer of the court who has misbehaved in his official transaction. Moreover, neither the litigant whom he purports to represent nor the adverse party may be bound or affected by his appearance unless the purported client ratifies or is estopped to deny his assumed authority. Dee vs. Court of Appeals, 176 SCRA 651 (1989) The absence of a written contract will not preclude a finding that there is a professional relationship. Documentary formalism is not an essential element in the employment of an attorney; the contract may be express or implied. 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. An acceptance of the relation is implied on the part of the attorney from his acting on behalf of his client in pursuance of a request from the latter. If a person, in respect to his business affairs or any troubles of any kind, consults with his attorney in his professional capacity with the view to obtaining professional advice or assistance and the attorney voluntarily permits or acquiesce in such consultation, as when he listens to his clients preliminary statement of his case or gives advice thereon, then the professional employment is regarded as established just as effective as when he draws his clients pleading or advocates his clients cause in court. Termination of a Counsels Services1. The withdrawal as counsel of a client or the dismissal by the client of his counsel must be made in a FORMAL PETITION filed in the case (WITHDRAWAL OF RECORD) 2.Atty-client relationship does not terminate formally until there is withdrawal made of record. 3.Unless properly relieved, counsel is responsible for the conduct of the case. Hilado vs. David, 84 Phil. 569 (1949) The employment of a law firm is equivalent to the retainer of the member thereof even though only one of them is consulted; conversely, the employment of one member is generally considered as employment of the law firm. B.R. Sebastian Enterprises, Inc. vs. Court of Appeals, 206 SCRA 28 (1992) The death of a partner, who was the one handling the case for the law firm, did not extinguish the lawyer-client relationship; the responsibility to continue representation

131, and file required pleading devolve upon the remaining lawyers of the firm, until they have withdrawn from the case, the negligence of the latter binds the client. Seva vs. Nolan, 64 Phil. 374 (1937) A wife in any of the instances where she may prosecute or defend an action without the necessity of joining her husband as a party litigant has the authority to engage the services of counsel even without her husbands consent. She cannot, however, bind the conjugal partnership for the payment of the fees of her lawyer without the husbands authority, except in a suit between her and her husband which she is compelled to institute or resist to protect her rights, to a successful conclusion. CANON 14 A lawyer shall not refuse his services to the needy. The relation of attorney and client may be created not only by the voluntary agreement between them but also by the appointment of an attorney as counsel de oficio for a poor or indigent litigant, and the attorney so appointed has as high a duty to the indigent as to his paying client. 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 1138, S. 20(h). Duty of attorneys: x x x never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed. Rule 138, s.20 (i). In the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion to the guilt of the accused to present every evidence 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 however is not applicable in civil cases because of obvious reasons. It is the lawyers duty (c) To counsel or maintain such actions or proceedings only as appear o him to be just, and such defenses only as he believes to be honestly debatable under the law. (Rule 138, section 20 (c), RRC) when the lawyer signs a complaint or answer, his signature is deemed a certification by him that he has read the pleading; that to the best of his knowledge, information and

132, belief, there is good ground to support xxx (Rule 7, Section 5, ROC). For violating this rule, the lawyer may be subjected to disciplinary action. Rule 14.02.A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. COUNSEL DE OFFICIO Rule 138, s. 31. Attorneys for destitute litigants: A court may assign an attorney to render professional aid free of charge to any party in case, if upon investigation it appears that the party 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, s.7 Appointment of counsel de oficio WHO: members of the bar in good standing; any person, resident of the province and of good repute for probity and ability, in localities without lawyers WHAT CONSIDERED: gravity of offense difficulty of questions that may arise experience and ability of appointee AMICUS CURIAE Rule 138, s. 36 Experienced and impartial attorneys may be invited by the court to appear as amici curiae to help in the disposition of issues submitted to it. Definition: bystander; friend of the court whose function is to remind the court or tribunal of some matter which otherwise might escape its notice and in regard to which it might be wrong. One who gives information upon some question of law in regard to which the judge is doubtful or mistaken, or upon a matter of which the court may take judicial cognizance. Rule 14.03.A lawyer may not refuse to accept representation of an indigent client unless: he is no position to carry out the work effectively or competently; he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client; The rule involves indigent clients who come to a lawyer for legal services. Under Rule 138, Section 31 of the Rules of Court, a judge may assign a lawyer to render a professional service free of charge to any party in a case, if upon investigation, it appears that the party is destitute and unable to employ an attorney. The lawyer assigned must

133, render the required legal service unless he is excused therefrom by the court for sufficient of cause shown. 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. Blanza vs. Arcangel, 21 SCRA 1 If a lawyer volunteers his services to a client, and therefore not entitled to attorneys fees, nevertheless, he is bound to attend to a clients case with all due diligence and zeal. By volunteering his services, he has established a client-lawyer relationship. CANON 15 A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his clients. As a general rule, a client is bound by his counsels conduct except when incompetence of counsel is so great that the defendant is prejudiced and prevented from fairly presenting his defense. Suarez vs. CA A lawyer owes absolute fidelity to the cause of his client. He owes his client full devotion to his interest, warm zeal in the maintenance and defense of his rights. In the instant case, Atty. San Luis was unquestionably negligent. His negligence consisted in his failure to attend the hearings, his failure to advise petitioner that he was going abroad and his failure to withdraw properly as counsel for petitioner. Oparel, Sr. vs. Abara, 40 SCRA 128 (1971) It demands of an attorney an undivided allegiance, a conspicuous and high degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity and absolute integrity in all his dealings and transactions with his clients and an utter renunciation of every personal advantage conflicting in any way, directly or indirectly, with the interest of his client. Rule 15.01.A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict or his own interest, and if so, shall forthwith inform the prospective client. A lawyer has the duty to disclose and explain to the prospective client all circumstances of his relation to the parties and any interest in connection with the controversy, which in his judgment might influence his client, in so far as will enable him to decide whether to accept the case. It is his duty to decline employment in any matter, which may involve conflicting interests. Sta. Maria vs. Tuazon, 11 SCRA 562 The fact that the respondent has placed his private personal interest over and above that of his clients constitutes a breach of a lawyers oath, to say at least.

134, Rule 15.02.A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client. This rule applies even if the prospective client does not thereafter retain the lawyer of the latter declines the employment. The reason for the rule is to make prospective client feel free to discuss whatever wishes with the lawyer without fear that what he tells the lawyer will not be divulged nor used against him and the lawyer to be equally free to obtain information from the prospective client. Report of IBP Committee, p. 81 The purpose of the attorney-client relationship is two-fold: (a) First, to encourage a client to make a full disclosure of the facts of the case to his counsel without fear, and (b) second, to allow the lawyer to obtain full information from his client. Canon 21, CPR A lawyer shall preserve the confidences and secrets of his client even after the attorney-client relation is terminated. Rule 130, Section 24 (b) RRC An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him or his advice given thereon in the course of professional employment; nor can an attorneys secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity. Requisites of Privileged Communication: There is an attorney-client relationship or a kind of consultancy requirement with a prospective client; The communication was made by the client to the lawyer in the course of the lawyers professional employment; The communication must be intended to be confidential. Baldwin vs. Comm. Of Internal Revenue, 125 F 2d 812, 141 LRA 548 The privilege continues to exist even after the termination of the attorney-client relationship. It outlasts the lawyers engagement. The privileged character of the communication ceases only when waived by the client himself or after his death, by the heir or legal representative. People vs. Sleeper, 46 Phil. 625 The party who avers that the communication is privileged has the burden of proof to establish the existence of the privilege unless from the face of the document itself, it clearly appears that it is privileged. The mere allegation that the matter is privileged is not sufficient. The communication (knowledge or information) or the physical object must have been transmitted to the counsel by the client for the purpose of seeking legal advise. Otherwise, there is no privileged communication.

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Canon 37, CPE The privilege is limited or has reference only to communications which are within the ambit of lawful employment and does not extend to those transmitted in contemplation of future crimes or frauds. However, the information on crimes or frauds already committed falls within the privilege and the lawyer cannot reveal or be compelled to reveal the confidences of the client. Characteristics of the Attorney-Client Privilege 1.A-C privilege where legal advice is professionally sought from an attorney.2.The client must intend the above communication to be confidential.3.A-C privilege embraces all forms of communication and action.4.As a general rule, A-C privilege also extends to the attorneys secretary, stenographer, clerk or agent with reference to any fact required in such capacity.5.The above duty is perpetual and is absolutely privileged from disclosure. Exceptions to A-C Privilege 1.There is consent or waiver or client.2.Such is required by law.3.Such is made to protect the lawyers rights (i.e. to collect his fees or associates or by judicial action).4.When such communication are made in contemplation of a crime or the perpetuation of a fraud. Doctrine of imputed knowledge is based on the assumption that an attorney, who has notice of matter affecting his client, has communicated the same to his principal in the course of professional dealings. The doctrine applies regardless of whether or not the lawyer actually communicated to the client what he learned in his professional capacity, the attorney and his client being one judicial person. Rule 15.03.A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of facts. Generally, a lawyer may at certain stage of the controversy and before it reaches the court represent conflicting interests with the express written consent of all parties concerned given after disclosure of the facts. The disclosure should include an explanation of the effects of the dual representation, such as the possible revelation or use of confidential information. A lawyer may not properly represent conflicting interests even though the parties concerned agree to the dual representation where: 1. the conflict is between the attorneys interest and that of a client, or 2. between a private clients interests and that of the government or any of its instrumentalities. U. S. vs. Laranja, 21 Phil. 500 (1912) He may not, without being guilty of professional misconduct, act as counsel for a person whose interest conflicts with that of his present or former client nor may he accept employment from a party in the performance of which he may be forced to act in a double capacity or be suspected of divided loyalty. There are three tests to determine conflicting interests. The first is when, on behalf of one client, it is the attorneys duty to contest for that which his duty to another

136, client requires him to oppose or when this possibility of such situation will develop (conflicting duties). The second test is whether the acceptance of the new relation will prevent a lawyer from the full discharge of his duty of undivided fidelity and loyalty to his client or will invite suspicion of unfaithfulness or double-dealing in the performance thereof (Invitation of suspicion). The third test is whether a lawyer will be called upon in his new relation to use against the first client any knowledge acquired in the previous employment (use of prior knowledge obtained). The bare attorney-client relationship with a client precludes an attorney from accepting professional employment from the clients adversary either in the same case or in a different but related action. It is also improper for a lawyer to appear as counsel for one party against the adverse party who is his client in another totally unrelated action. The prohibition applies irrespective of whether the lawyer acquired confidential information. It also applies to the law firm of which he is a member as well as any member, associate, or assistant therein. The termination of the relation of attorney and client provides no justification for a lawyer to represent an interest adverse to or in conflict with that of the former client. The reason is that the clients confidence once reposed cannot be divested by the termination of professional employment. The attorneys secretary, stenographer or clerk who, in such capacity, has acquired confidential information from the attorneys client may not accept employment or, after becoming a member of the bar, represent an interest adverse to that of the attorneys client. Rule on Conflicting Interests: It is generally the rule based on sound public policy that attorney cannot represent diverse interest. It is highly improper to represent both sides of an issue. The proscription against representation of conflicting interest finds application where the conflicting interest arise with respect to the same general matter and is applicable however slight such adverse interest may be. It applies although the attorneys intention and motives were honest and he acted in good faith. However, representation of conflicting interest may be allowed where the parties consents to the representation after full disclosure of facts. (Nakpil vs. Valdez, 266 SCRA 758, March 4, 1998) Remember: The test to determine whether there is a conflict of interest in the representation is PROBABILITY, not certainty of conflict. Pardy vs. Ernst, 143 P 429 (1914) A lawyer is forbidden from representing a subsequent client against a former client only when the subject matter of the present controversy is related, directly or indirectly, to the subject matter of the previous litigation in which he appeared for the former client. Conversely, he may properly act as counsel for a new client, with full disclosure to the latter, against a former client in a matter wholly unrelated to that of the previous employment, there being in that instance to conflict of interests.

137,

Hilado vs. David, 84 Phil. 571 To constitute professional employment it is not essential that the client should have employed attorney professionally on any previous occasion *** It is not necessary that any retainer should have been paid, promised, or charged for; neither is it material that the attorney consulted did not afterward undertake the case about which the consultation was had. If a person in respect to his business affairs or troubles of any kind, consult with his attorney in his professional capacity with the view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces in such consultation, then the professional employment must be regarded as established. xxx The mere relation of attorney and client ought to preclude the attorney from accepting the opposite partys retainer in the same litigation regardless of what information was received by him from his client. Where a lawyer is disqualified or forbidden from appearing as counsel in a case because of conflict of interests, the law firm of which he is a member as well as any member, associate or assistant therein is similarly disqualified or prohibited from so acting. Nathan vs. Capule, 91 Phil. 640 An attorney who accepts professional employment in the very case in which his former client is the adverse lawyer, and utilizing against the latter papers, knowledge and information obtained in the course of his previous employment is guilty of misconduct. The fact that he had retired from the first case prior to accepting the second case against the former client, does not relieve him from his obligation of fidelity and loyalty to the latter. In re: De la Rosa Even though the opposing clients, after full disclosure of the fact, consent to the attorneys dual representation, the lawyer should, when his clients cannot see their way clear to settling the controversy amicably, retire the case. Instances when a Lawyer is Considered having Conflicting Interests 1.As an employee of a corporation whose duty is to attend legal affairs, he cannot join a labor union of employees in that corporation. 2.As a lawyer who investigated an accident as counsel for an insurance, he cannot represent the injured person.3. As a receiver of a corporation, he cannot represent the creditor.4.As a representative of the obligor, he cannot represent the obligee.5. As a lawyer representing a party in a compromise agreement, he cannot be subsequent lawyer representing another client who seeks to nullify the agreement. Effects of Representing Adverse Interests 1.Disqualification as counsel of new client on petition of former client.2.Where such is unknown to, becomes prejudicial interests of the new client, a judgment against such may, on that ground be set aside.3.A lawyer can be held administratively liable through disciplinary action and may be held criminally liable for betrayal of trust.4.The attorneys right to fees may be defeated if found to be related to such conflict and such was objected

138, to by the former client, or if there was a concealment and prejudice by reason of the attorneys previous professional relationship with the opposite party. Rule 15.04.A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. A lawyers knowledge of the law and his reputation for fidelity may make it easy for the disputants to settle their differences amicably. However, the lawyer should not act as counsel to any of them. Report of IBP Committee, p. 82 Consent in writing is required to prevent future controversy on the authority of the lawyer to act as mediator or arbitrator. However, a lawyer who acts as mediator, conciliator or arbitrator or arbitrator in settling a dispute, cannot represent any of the parties to it. Rule 15.05.A lawyer, when advising his client, shall give a candid and honest opinion on the merits and probable results of the clients case, neither overstating nor understating the prospects of the case. Canon 8, CPE Before answering his clients question, a lawyer should endeavor to obtain full knowledge of his clients cause. It is only after he shall have studied the case that he should advise his client on the matter. If a lawyer finds that his clients suit is totally devoid of merit or that of the pending civil action against him is wholly defenseless, which is his function and duty to find out, he should so inform his client and dissuade him, in the first instance, from filing the case or advise him, in the second instance, to compromise or submit rather than traverse the incontrovertible. If on the other hand, he finds that his clients cause is fairly meritorious, he should refrain from making bold and confident assurances of success. A careful investigation and examination of the facts must first be had before any legal opinion be ventured by the lawyer to the client. Castaeda vs. Ago, 65 SCRA 507 It is the duty of a counsel to advise his client, ordinarily a layman to the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his clients cause is defenseless, then it is his bounden duty to advise the latter to acquiesce and submit, rather than traverse the inconvertible. A lawyer must resist the whims and caprices of his client, and temper his clients propensity to litigate. A lawyers oath to uphold the cause of justice is superior to his duty to his client; its primacy is indisputable. Choa vs. Chiongson, 253 SCRA 371 (1996) His client is entitled to and he is bound to give a candid and honest opinion on the merit or lack of merit of his clients case, neither overstating nor understating the prospect of the case. It is likewise incumbent upon him to give his client an honest opinion on the probable results of the case, with the end in view of promoting respect for the law and the legal processes.

139,

Periquet vs. NLRC, 186 SCRA (1990) As officers of the court, counsels are under obligation to advise their clients against making untenable and inconsistent claims. Lawyers are not merely hired employees who must unquestionably do the bidding of the client, however unreasonable this may be when tested by their own expert appreciation of the facts and applicable law and jurisprudence. Counsel must counsel. Rule 15.06.A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. It is improper for a lawyer to show in any way that he has connections and can influence any tribunal or public official, judges, prosecutors, congressmen and others, specially so if the purpose is to enhance his legal standing and to entrench the confidence of the client that his case or cases are assured of victory. Rule 15.07.A lawyer shall impress upon his client compliance with the laws and the principles of fairness. A lawyer should use his best efforts to restrain and prevent his client from doing those things, which he himself ought not to do; and if the client persists in such wrong doing, the lawyer should terminate their relation. Art. 19 of the Civil Code every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith. Conge vs. Deret, C.A.-G.R. No. 08848-CR., March 25, 1974 A lawyer who advise his client not to obey the order of the courts is guilty of contempt and misconduct. Cabilan vs. Ramolete, 192 SCRA 674 As counsel of record, a lawyer has control of the proceedings and whatever steps his client takes should be within his knowledge and responsibility. Rule 15.08A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity. Report of the IBP Committee, p. 84 The lawyer should inform the client when he is acting as a lawyer and when he is not, because certain ethical considerations governing the client-lawyer relationship may be operative in one case and not in the other. CANON 16 A lawyer shall hold in trust all moneys and properties of his client that may come into his possession. Art. 1491, Civil Code

140, The following persons cannot acquire or purchase, even at public or judicial auction, either in person or through the mediation of another. (5) lawyers, with respect to the property and rights which may be the object of any litigation in which they take part by virtue of their profession. Elements of Art. 1491: Attorney-client relationship Property or interest is in litigation Attorney takes part as counsel in the case Purchase, acquisition by attorney, by himself or through another, during pendency of litigation * includes mortgage of property in litigation to lawyer. In this case, acquisition is merely postponed until foreclosure but effect is the same. It also includes assignment of property (Ordonio v. Eduarte, 207 SCRA 229) Take note of the following instances when Art.1491 is not applicable: When attorney is not counsel in case involving the same property at the time of acquisition. When purchaser is a corporation, even if the attorney was an officer thereof. (Tuazon v. Tuazon, 88 Phil. 42) When sale took place after termination of litigation, except if there was fraud or abuse of confidential information or where lawyer exercised undue influence. Where property in question is stipulated as part of attorneys fees, provided that, the same is contingent upon the favorable outcome of litigation and, provided further, that the fee must be reasonable. Aya vs. Bigornia, 57 Phil. 20 The moneys collected by an attorney for his client belong to the client. Consequently, the lawyer is under obligation to hold in trust all moneys and properties of his client that may come into his possession. The moneys collected by a lawyer in pursuance of a judgment in favor of his client are held in trust for the client. Maxiom vs. Manila Railroad Co., 44 Phil. 597 (1928) A lawyer may not accumulate distinct causes of action in himself by assignment from hundreds of small claimants and sue in his name for the benefit of the clients directly interested. A. B. A. Op. 225 (July 12, 1941) An attorney may, however, properly acquire choses in action not in his professional capacity but as a legitimate investment. Q.Atty. X is a lawyer in a falsification case filed against the latter. While undergoing trial in the said criminal case, PNB foreclosed the two-hectare Riceland belonging to A. The

141, land was sold at public auction to Atty. X as the highest bidder. Did Atty. X violate the provision under the Civil Code regarding purchase of property under litigation?A.NO. In the absence of the requisites under Art. 1491 of the Civil Code, the prohibition will not operate. In this case, the riceland was not the subject of litigation. Q.Atty. X appeared as counsel for plaintiff in a damage suit. Judgment was rendered in favor of the plaintiff, and to satisfy the award, a parcel of land was levied upon which was sold at auction sale. Plaintiff assigned one-half of his interest to Atty. X in accordance with their contingent contract of attorneys fees. Is the assignment a violation of Art. 1491 of the Civil Code and Canon 12 prohibiting purchase by lawyer of property under litigation? A.NO. The lot was not the subject matter of the litigation. It was acquired by the client in the execution sale (Guevarra vs. Calalang, 117 SCRA) Rule 16.01.A lawyer shall account for all money or property collected or received for or from the client.Notes: Lawyers are bound to promptly account for money received by them on behalf of their clients and failure to do so constitutes professional misconduct. The fact that a lawyer has a lien for fees on money on his hands collected for his clients does not relieve him from the duty of promptly accounting for the funds received. However, delivery of funds is subject to lawyers lien. Agpalo -when the lawyer withholds and refuses to deliver the funds and property received by him for his client, he breaches the trust reposed to him.-That a lawyer has a lien does not relieve him from the obligation to make a prompt accounting. -Cannot unilaterally appropriate clients money to pay his atty.s fees. -May not in the absence of authority from his client, disburse the money collected for his client in favor of persons who may be entitled thereto. In re: Tuazon, 11 SCRA 562 (1964) His act of collecting unreasonable fees may amount to a retention of his clients funds and constitute professional indiscretion and misconduct. Rule 16.02.A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. -Should not commingle a clients money with that of other clients and with his private funds, nor use the clients money for his personal purposes without the clients consent. In re: Bamberger, 49 Phil. 962 The high fiduciary and confidential relation of attorney and client requires that the lawyer should promptly account for all the funds received or held by him for the clients benefits. The lawyer is not relieved of the obligation to make a proper accounting even if he has an attorneys lien over the clients moneys or funds in his possession. CBA, Code of Professional Conduct, Commentary 1, p. 24 The lawyer in under strict obligation to label and identify his clients property and keep it separate and apart from his own.

142, Rule 16.03.A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien on the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and the execution he has secured for his client as provided for in the Rules of Court. Rule 136 Sec. 37. Attorneys Liens.: An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until this lawful fees and disbursements have been paid, and may 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 such judgments, which he has secured in a litigation of his client, from and after the same when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering judgment, or issuing such executions, and shall have caused written client and would have to enforce his lien and secure the payment of his fees and disbursements. Lawyers retaining lien A lawyer shall have a lien over the clients funds and may apply so much thereof to satisfy his lawful fees and disbursements but must give prompt notice to his client for the latters advertisement. Charging liens For the further protection of the lawyer, he shall also have a lien to the extent of his attorneys fees and legal disbursements on all judgments and executions he has secured for his client as provided for in the Rules (Rule 138, Sec. 37, Revised Rules of Court). In re: David, 84 Phil. 627 The lawyers failure to deliver upon demand gives rise to the presumption that he has misappropriated the funds for his own use to the prejudice of the client and in violation of the trust reposed in him. -Immediate repayment by the lawyer of the clients money of property after demand and before the institution by the client of disbarment proceedings will show good faith and negate fraudulent intent. Matute vs. Matute, 33 SCRA 35 Under Rule 138, Section 37 of the Rules of Court, the attorney cannot be compelled to surrender the documents in his possession without prior proof that his fees have been duly satisfied. But if it be entirely indispensable for the court to gain possession are held by him in the course of his employment as counsel, it can require surrender thereof by requiring the client or claimant to first file proper and adequate security for the lawyers compensation. Llamas vs. Encarnacion, CA-G.R. No. 31920-R, August 18, 1965 When a lawyer enforces a charging lien against his client, the client-lawyer relationship is terminated.

143,

Dumandag vs. Lumaya, 197 SCRA 303 (1991) A lawyer who fails to account his clients money may be disbarred or suspended indefinitely from practice of law. Rule 16.04.A lawyer shall not borrow money from his client unless the clients interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client. -While a lawyer may borrow money from his client where the latters interests are fully protected, he should not abuse clients confidence by delaying payment -If the lawyer lends money to the client in connection with the clients case the lawyer in effect acquires an interest in the subject matter of the case or an additional stake in its outcome, either of which may lead the lawyer to consider his own recovery rather than that of the client or to accept a settlement which might take care of his interest in the verdict to the sacrifice of that client. Not prohibited: advances for necessary expenses Prohibited: Champertous contracts lawyer assumes all expenses and reimbursement in contingent on outcome of case. (like gambling) Bautista vs. Gonzales, 182 SCRA 155 The lawyer may lend money to a client, when it is necessary in the interest of justice to advance necessary expenses in a legal matter he is handling for the client. The advances made shall be subject to reimbursement. Otherwise, if the lawyer spends for all legal expenses, his contract of legal employment might become champertous, if his attorneys fees will be payable in kind. Champertous contracts are void. CANON 17 A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Santiago vs. Fojas, 248 SCRA 68 (1995) No lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client. He has the right to decline employment, except as prescribed in Canon 14 of the Code of Professional Responsibility. But once he agrees to take up the cause of the client, the lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. He owes his client entire devotion to his genuine interest, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability. No fear or judicial disfavor or public unpopularity should restrain him from the full discharge of his duty. In the judicial forum, the client is entitled to the benefit of any and every remedy and defense that is authorized by law, and he may expect his lawyer to assert every such remedy or defense. Cantilller v. Potenciano, 180 SCRA 246 (1989)

144, x x x x x x When a lawyer takes a clients cause, he thereby covenants that he will exert all effort for its protection until its final conclusion. The failure to exercise due diligence and the abandonment of a clients cause make such a lawyer unworthy of the trust which the client has reposed on him. Fidelity to the cause of the client is the essence of the legal profession. As such. The duty of fidelity requires the existence of the attorney and client relationship. Once the relationship exists, the Supreme Court will not hesitate to enforce compliance with standards of honorable dealing set by law, by means of reprimands, fines, suspension, disbarment, and other disciplinary measures. Lorenzana Food Corporation vs. Daria, Adm. Case No. 2736, May 27, 1991 An attorney owes loyalty to his client not only in the case in which he has represented him but also after the relation of attorney and client has terminated. CANON 18 A lawyer shall serve his client with competence and diligence. It is the lawyers duty to safeguard clients interests. It begins from retainer until effective discharge from case or final disposition of the whole subject matter of litigation. Suarez v. CA, 220 SCRA 274 (1993) xxx xxx A client may reasonably expect that his counsel will make good his representations xxx xxx and has the right to expect that his lawyer will protect his interests during the trial of the case. For the general employment of an attorney to prosecute or defend a cause or proceeding ordinarileclude the attorney from accepting the opposite partys retainer in the same litigation regardless of what information was received by him from his client. Where a lawyer is disqualified or forbidden from appearing as counsel in a case because of conflict of interests, the law firm of which he is a member as well as any member, associate or assistant therein is similarly disqualified or prohibited from so acting. Nathan vs. Capule, 91 Phil. 640 An attorney who accepts professional employment in the very case in which his former client is the adverse lawyer, and utilizing against the latter papers, knowledge and information obtained in the course of his previous employment is guilty of misconduct. The fact that he had retired from the first case prior to accepting the second case against the former client, does not relieve him from his obligation of fidelity and loyalty to the latter. In re: De la Rosa Even though the opposing clients, after full disclosure of the fact, consent to the attorneys dual representation, the lawyer should, when his clients cannot see their way clear to settling the controversy amicably, retire the case.

145, Instances when a Lawyer is Considered having Conflicting Interests 1.As an employee of a corporation whose duty is to attend legal affairs, he cannot join a labor union of employees in that corporation. 2.As a lawyer who investigated an accident as counsel for an insurance, he cannot represent the injured person.3. As a receiver of a corporation, he cannot represent the creditor.4.As a representative of the obligor, he cannot represent the obligee.5. As a lawyer representing a party in a compromise agreement, he cannot be subsequent lawyer representing another client who seeks to nullify the agreement. Effects of Representing Adverse Interests 1.Disqualification as counsel of new client on petition of former client.2.Where such is unknown to, becomes prejudicial interests of the new client, a judgment against such may, on that ground be set aside.3.A lawyer can be held administratively liable through disciplinary action and may be held criminally liable for betrayal of trust.4.The attorneys right to fees may be defeated if found to be related to such conflict and such was objected to by the former client, or if there was a concealment and prejudice by reason of the attorneys previous professional relationship with the opposite party. Rule 15.04.A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. A lawyers knowledge of the law and his reputation for fidelity may make it easy for the disputants to settle their differences amicably. However, the lawyer should not act as counsel to any of them. Report of IBP Committee, p. 82 Consent in writing is required to prevent future controversy on the authority of the lawyer to act as mediator or arbitrator. However, a lawyer who acts as mediator, conciliator or arbitrator or arbitrator in settling a dispute, cannot represent any of the parties to it. Rule 15.05.A lawyer, when advising his client, shall give a candid and honest opinion on the merits and probable results of the clients case, neither overstating nor understating the prospects of the case. Canon 8, CPE Before answering his clients question, a lawyer should endeavor to obtain full knowledge of his clients cause. It is only after he shall have studied the case that he should advise his client on the matter. If a lawyer finds that his clients suit is totally devoid of merit or that of the pending civil action against him is wholly defenseless, which is his function and duty to find out, he should so inform his client and dissuade him, in the first instance, from filing the case or advise him, in the second instance, to compromise or submit rather than traverse the incontrovertible. If on the other hand, he finds that his clients cause is fairly meritorious, he should refrain from making bold and confident assurances of success. A careful investigation and examination of the facts must first be had before any legal opinion be ventured by the lawyer to the client. Castaeda vs. Ago, 65 SCRA 507

146, It is the duty of a counsel to advise his client, ordinarily a layman to the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his clients cause is defenseless, then it is his bounden duty to advise the latter to acquiesce and submit, rather than traverse the inconvertible. A lawyer must resist the whims and caprices of his client, and temper his clients propensity to litigate. A lawyers oath to uphold the cause of justice is superior to his duty to his client; its primacy is indisputable. Choa vs. Chiongson, 253 SCRA 371 (1996) His client is entitled to and he is bound to give a candid and honest opinion on the merit or lack of merit of his clients case, neither overstating nor understating the prospect of the case. It is likewise incumbent upon him to give his client an honest opinion on the probab