CANON 4 COMPETENCE AND DILIGENCE

A lawyer professionally handling a client’s cause shall, to the best of his or her ability, observe competence,
diligence, commitment, and skill consistent with the fiduciary nature of the lawyer-client relationship,
regardless of the nature of the legal matter or issues involved, and whether for a fee or pro bono.

SECTION 1. Competent, efficient and conscientious service.—

A lawyer shall provide legal service that is competent, efficient, and conscientious. A lawyer shall be thorough
in research, preparation, and application of the legal knowledge and skills necessary for an engagement.

SECTION 2. Undertaking legal services; collaborating counsel. —

A lawyer shall only undertake legal services he or she can deliver. With the prior written consent of the
client, a lawyer may secure the services of a collaborating counsel.

SECTION 3. Diligence and punctuality. —

A lawyer shall diligently and seasonably act on any legal matter entrusted by a client. A lawyer shall be
punctual in all appearances, submissions of pleadings and documents before any court, tribunal or other
government agency, and all matters professionally referred by the client, including meetings and other
commitments.

SECTION 4. Diligence in all undertakings. —

A lawyer shall observe diligence in all professional undertakings, and shall not causeor occasion delay in any
legal matter before any court, tribunal, or otheragency.A lawyer shall appear for trial adequately familiar with
the law,the facts of the case, and the evidence to be presented. A lawyer shallalso be ready with the object and
documentary evidence, as well as thejudicial affidavits of the witnesses, when required by the rules or
thecourt.

SECTION 5. Prompt and objective assessment of the merits.—

A lawyer shall, after reasonable inquiry, promptly give an objective assessment of the merits and probable
results of the client’s case. A lawyer shall explain the viable options to the client to enable an informed
decision regarding the matter.

SECTION 6. Duty to update the client. —

A lawyer shallregularly inform the client of the status and the result of the matterundertaken, and any action
in connection thereto, and shall respondwithin a reasonable time to the client’s request for information.

SECTION 7. Extension of time to file. — A lawyer shall avoidasking for an extension of time to file any
pleading, motion, or othercourt submission, except when allowed by the Rules of Court or forgood cause.When an
extension is obtained, the lawyer shall not let the periodlapse without submitting the pleading, motion, or
other courtsubmission, except upon the client’s decision not to pursue the case anyfurther or for other
justifiable cause.

SECTION 8. Lifelong learning. — A competent lawyerengages in lifelong learning through the continued development
ofprofessional skills.

SECTION 9. Practice of law concurrent with anotherprofession. — A lawyer who is engaged in another profession
oroccupation concurrently with the practice of law shall expresslyprovide in the pertinent contract the nature
of the services the lawyer isengaged to perform.The practice of another profession or occupation shall not
jeopardize such lawyer’s competence, integrity, probity, andindependence in rendering legal services.

SECTION 10. Nen-legal activities. — A lawyer who is engagedin business or other non-legal profession shall
likewise observe theethical duties and responsibilities of a lawyer under the CPRA.

CANON 5 EQUALITY
Every lawyer shall adhere to the principle of equality and hold firmly thebelief that every person, regardless
of nationality or ethnicity, color, sexualorientation or gender identity, religion, disability, age, marital
status, social oreconomic status, and other like circumstances, has the fundamental right to equaltreatment and
representation.As such, the lawyer shall accord equal respect, attention, dedication and zealin advancing the
client’s cause, regardless of personal opinion, religious or politicalbeliefs pertaining on the personal
circumstances of the client, except for justifiablereasons.
SECTION 1. Non-discrimination. — A lawyer shall not declineto represent a person solely on account of the
latter’s nationality orethnicity, sexual orientation or gender identity, religion, disability, age,marital
status, social or economic status, political beliefs, or suchlawyer’s or the public’s opinion regarding the
guilt of said person,except for justifiable reasons.

SECTION 2. Treatment of vulnerable persons. — In dealingwith a client who belongs to a vulnerable sector, a
lawyer shall bemindful and sensitive of, and consider the client's specialcircumstances, as well as the
applicable laws and rules.The lawyer shall observe a higher standard of service suited tothe particular needs of
the vulnerable person and shall assert suchperson’s right to meaningful access to justice.A vulnerable person is
a person who is at a higher risk of harmthan others, and shall include children, the elderly, the
homeless,persons with disability, persons deprived of liberty, human rightsvictims, victims of domestic
violence, victims of armed conflict, thosewho are socio-economically disadvantaged, those who belong to racialor
ethnic minorities, or those with debilitating physical or mentalconditions.

SECTION 3. Indigent person. — A lawyer shall not refuse therepresentation of an indigent person, except if:(a)
the lawyer is not in a position to carry out the work effectivelyor competently due to a justifiable cause;
(b)the lawyer will be placed in a conflict-of-interest situation; or(c) the lawyer is related to the potential
adverse party, within thesixth degree of consanguinity or affinity, or to the adversecounsel, within the fourth
degree.An indigent is any person who has no money or propertysufficient for food, shelter and other basic
necessities for oneself andone’s family.

SECTION 4. Standard of service. — A lawyer shall observe thesame standard of service for all clients, regardless
of remuneration,except for the higher standard required for representation of vulnerablepersons.

CANON 6
SECTION 1. Nature of disciplinary proceedings against lawyers. —
Disciplinary proceedings against lawyers shall be confidential in character and summary in nature .Nonetheless,
the final order of the Supreme Court shall be published like its decisions in other cases.

SECTION 2. How instituted. —

Proceedings for the disbarment, suspension, or discipline of lawyers may be commenced

by the Supreme Court on its own initiative,

or upon the filing of averified complaint by the Board of Governors of the IBP,
or by any person, before the Supreme Court or the IBP.

However, a verified complaint against a GOVERNMENT LAWYER which seeks to discipline suchlawyer as a member of the
Bar shall only be filed in the Supreme Court.

A verified complaint filed with the Supreme Court may be referred to the IBP for investigation, report and
recommendation, except when filed directly by the IBP, in which case, the verified complaint shall be referred
to the Office of the Bar Confidant or suchf act-finding body as may be designated.

Complaints for disbarment, suspension and discipline filed against incumbent Justices of the Court of Appeals,
Sandiganbayan, Court of Tax Appeals and judges of lower courts, or against lawyers inthe judicial service,
whether they are charged singly or jointly with other respondents, and whether such complaint deals with acts
unrelated to the discharge of their official functions, shall be forwardedby the IBP to the Supreme Court for
appropriate disposition under Rule140, as amended.

SECTION 3. Contents of the complaint. —

The complaint shall be verified. It shall state clearly and concisely the acts or omissions complained of and
shall be supported by judicial affidavits of thewitnesses and such other documents in support thereof.If the
verified complaint is filed before the IBP, six (6) copiesthereof shall be filed with the Secretary of the IBP
or the Secretary of any of its chapters, who shall forthwith transmit the same to the IBPBoard of Governors.

SECTION 4. List of Investigating Commissioners; qualifications. —

The IBP shall recommend to the Supreme Court onehundred fifty (150) lawyers in good standing and repute, whom
the IBP shall proportionately select from its nine (9) regions. The IBP may periodically recommend the
adjustment of the number of InvestigatingCommissioners to the Supreme Court according to the existing caseload.

The list, with the curriculum vitae of the recommended lawyers, shall be submitted by the IBP within a month
from the effectivity of the Code.Only those approved by the Supreme Court may be designated as Investigating
Commissioners, who shall serve for a term of three (3) years, unless sooner removed, replaced or resigned.An
updated list shall be submitted by the IBP to the Supreme Court upon removal, replacement, or resignation of a
lawyer previously designated as Investigating Commissioner by the Supreme Court.All approved Investigating
Commissioners shall take an oath of office in the form prescribed by the IBP. A copy of the Investigating
Commissioner’s appointment and oath shall be transmitted to the Supreme Court.

SECTION 5. Assignment by raffle of InvestigatingCommissioner. —

The IBP Board of Governors shall assign by rafflean Investigating Commissioner from among the lawyers approved
bythe Supreme Court in the list submitted by the IBP or, when specialcircumstances so warrant, a panel of three
(3) InvestigatingCommissioners, to investigate the complaint.

SECTION 6. Complaint against a government lawyer. —

When a complaint is filed against a government lawyer, theInvestigating Commissioner shall determine, within
five (5) calendardays from assignment by raffle, whether the concerned agency, theOmbudsman, or the Supreme
Court has jurisdiction. If the allegationsin the complaint touch upon the lawyer’s continuing obligations
underthe CPRA or if the allegations, assuming them to be true, make thelawyer unfit to practice the profession,
then the InvestigatingCommissioner shall proceed with the case. Otherwise, the InvestigatingCommissioner shall
recommend that the complaint be dismissed.

SECTION 7. Disqualification of Investigating Commissioner.—

An Investigating Commissioner shall, on his or her own initiative orupon motion, recuse from acting as such on
the grounds of relationshipwithin the fourth degree of consanguinity or affinity with any of theparties or their
counsel, professional legal relationship, pecuniaryinterest, or where he or she has acted as counsel] for either
party, unless,in the last instance, the parties sign and enter upon the record theirwritten consent.Where an
Investigating Commissioner does not disqualifyhimself or herself, a party may file the appropriate motion
fordisqualification before the IBP Board of Governors. The IBP Board ofGovernors shall resolve the motion within
five (5) calendar days fromreceipt thereof. Upon vote of majority of the members present, therebeing a quorum,
the IBP Board of Governors shall order thedisqualification and designate a replace of the disqualified
InvestigatingCommissioner. The decision of the IBP Board of Governors on thedisqualification shall be final.

SECTION 8. Duties of the Investigating Commissioner. —

TheInvestigating Commissioner shall investigate a complaint against anymember of the Integrated Bar, and
thereafter submit a report embodyingthe recommended action to the IBP Board of Governors, within a totalperiod
not exceeding one hundred eighty (180) calendar days, fromassignment by raffle.

SECTION 9. Submissions allowed; verification. —

The onlysubmissions allowed are the complaint, answer, and position papers, allof which shall be verified. A
Certificate of Non-Forum Shopping shall accompany theverified complaint.An unverified complaint shall be
recommended for outrightdismissal. = An unverified answer or position paper shall not beconsidered.

SECTION 10. Prohibited submissions. —

The followingsubmissions are prohibited: (a) Motion to dismiss the complaint or petition, except on theground of
lack of jurisdiction, litis pendentia or resJudicata,(by Motion for a bill of particulars;(¢) Motion to reopen
or for new trial;(d) Petition for relief from judgment;(e) Supplemental pleadings;(f) Motion for reconsideration
of a judgment on the merits,except a motion for reconsideration of an interlocutoryorder or resolution.

SECTION 11. Lack of prima facie showing of liability; outright dismissal. —

Within fifteen (15) calendar days fromassignment by raffle, if the Investigating Commissioner finds no
primafacie showing of liability, the Investigating Commissioner shallrecommend the outright dismissal of the
complaint to the SupremeCourt. The Supreme Court may adopt the recommendation and dismissthe complaint outright.
Otherwise, the Supreme Court shall direct theInvestigating Commissioner to conduct further proceedings.

SECTION 12. Effect of death of lawyer on administrativedisciplinary cases.

Disciplinary proceedings may not be institutedagainst a lawyer who has died. If such proceedings have been
institutednotwithstanding the lawyer’s death, the administrative case against saidlawyer shall be dismissed.The
death of the lawyer during the pendency of the case shallcause its dismissal.

SECTION 13. Issuance of summons. —

Within fifteen (15)calendar days from assignment by raffle, the InvestigatingCommissioner shall issue the
required summons, attaching thereto acopy of the verified complaint and supporting documents, if any.
‘Thesummons shall require the respondent to file a verified answer.
SECTION 14. Verified answer. —
The answer shall be verifiedand filed within thirty (30) calendar days from receipt of the summons.The verified
answer shall be accompanied by judicial affidavits of thewitnesses and such other documents in support
thereof.The respondent may, upon motion, for good cause, be given oneextension of fifteen (15) calendar days to
file the verified answer.Two (2) copies of the verified answer shall be filed with theInvestigating
Commissioner, with proof of service on the complainantor the latter’s counsel.

SECTION 15. Dismissal after answer. —-

If the InvestigatingCommissioner finds that the complaint is not meritorious based on theverified answer, the
Investigating Commissioner shall recommend tothe Supreme Court the dismissal of the complaint. Otherwise, the
Supreme Court shall direct the Investigating Commissioner to conductfurther proceedings.

SECTION 16. Irrelevance. of desistance, settlement,compromise, restitution, withdrawal, or failure

to prosecute. —

Noinvestigation shall be interrupted or terminated by reason of thedesistance, settlement, compromise,

restitution, withdrawal of thecharges, or failure of the complainant to prosecute the same.

SECTION 17. Counsel de officio. —

The IBP Board of Governors shall appoint a suitable member of the Integrated Bar ascounsel de officio to assist
the complainant or the respondent during theinvestigation in case of need for such assistance.

SECTION 18. Investigation. —

Upon joinder of issues or uponfailure of the respondent to answer, the Investigating Commissionershall proceed
with the investigation of the case. However, if despitereasonable notice, the respondent fails to file an answer
or appear, theinvestigation shall proceed ex parte. In both instances, the investigationshall proceed with
dispatch.The respondent shall be given full opportunity to defend and beheard, whether through counsel or not,
and to present witnesses.The Investigating Commissioner shall have the power to issuesubpoenae and administer
oaths and affirmations in relation to theconduct of the proceedings.

SECTION 19. Indirect contempt. -—

Willful failure or refusalto obey a subpoena or any other lawful order issued by the InvestigatingCommissioner
shall be dealt with as indirect contempt of court. TheInvestigating Commissioner shall require the alleged
contemnor toshow cause within ten (10) calendar days from notice. Upon receipt ofthe compliance or lapse of the
period to comply, the InvestigatingCommissioner may conduct a hearing, if necessary, in accordance withthe
procedure set forth under Canon VI, Section 22 for hearings beforethe Investigating Commissioner. Such hearing
shall be terminatedwithin fifteen (15) calendar days from commencement. Thereafter, theInvestigating
Commissioner shall submit a report and recommendationto the IBP Board of Governors within a period of fifteen
(15) calendardays from termination of the contempt hearing.Within thirty (30) calendar days from receipt of the
InvestigatingCommissioner’s report and recommendation on the contempt charge,the IBP Board of Governors, through
a Resolution, may either adopt, modify or disapprove the recommendation of the InvestigatingCommissioner. The
action of the IBP Board of Governors shall beimmediately executoty.The action of the IBP Board of Governors may
be appealed tothe Supreme Court. The execution of the order of contempt shall notbe suspended, unless a bond is
filed by the person adjudged incontempt, in an amount fixed by the IBP Board of Governors,conditioned upon
compliance with and performance of the final actionin the contempt case, if decided against the contemnor.

SECTION 20. Submission of preliminary conference briefs. —

Immediately upon receipt of the verified answer, the Investigating Commissioner shall send a notice to the
parties and counsels to simultaneously file, within a non-extendible period of ten (10) calendardays from
receipt of the notice, their respective preliminary conference briefs which shall contain the following:(a)
Admissions;(b) Stipulation of facts;(¢) Definition of issues;(d) Judicial affidavits and marked exhibits,
accompanied bythe lawyer’s certification that the attached documents arethe genuine or faithful reproductions of
the original in hisor her custody or possession;(e) Such other matters as may aid in the prompt disposition of
the action.

SECTION 21. Preliminary conference order; position papers.—

Within ten (10) calendar days from receipt of the preliminaryconference briefs, the Investigating Commissioner
shall issue aPreliminary Conference Order, on the basis of such briefs submitted bythe parties and counsels,
summarizing the stipulated facts, issues andmarked exhibits.The Investigating Commissioner shall further direct
the partiesto submit their verified position papers within a non-extendible periodof ten (10) calendar days from
receipt of the preliminary conferenceorder.

SECTION 22. Clarificatory hearing. —

Within ten (10)calendar days from receipt of the last position paper, the Investigating Commissioner shall
determine whether there is a need to conduct a hearing to clarify factual issues and confront witnesses. If
deemed necessary, the Investigating Commissioner shall setthe hearing within fifteen (15) calendar days from
such determination and identify the factual issues to be made subject of the hearing. The Investigating
Commissioner may subpoena any witness to appear at the hearing to answer clarificatory questions. Thereafter,
the Investigating Commissioner may allow the parties to confront the witnesses and propound their own
clarificatory questions on the factual issues identified by the Investigating Commissioner. The clarificatory
hearing may be done in-person or through videoconferencing. If it is conducted in-person, the clarificatory
hearing shall be done at the most convenient venue for the parties. The clarificatory hearing shall be
terminated within thirty (30)calendar days from its commencement.

SECTION 23. Minutes of proceedings. —

The proceedingsbefore the IBP shall be recorded.

SECTION 24. Non-appearance of parties. —

Non-appearance at the clarificatory hearing shall be deemed a waiver of the right toparticipate therein.

SECTION 25. Issuance of report and recommendation by theInvestigating Commissioner. —

If there is no clarificatory hearing, theInvestigating Commissioner shall render a report and recommendationand
submit the same to the IBP Board of Governors within a non-extendible period of sixty (60) calendar days from
receipt of the lastposition paper or lapse of the period given.In case the Investigating Commissioner sets a
clarificatoryhearing, the report and recommendation shall be rendered andsubmitted to the IBP Board of Governors
within a non-extendibleperiod of thirty (30) calendar days from the termination of the hearing.The report and
recommendation shall be accompanied by theduly certified transcript of stenographic notes, or in lieu thereof,
theaudio recording, if any, or the Investigating Commissioner’s personal notes duly signed, which should be
attached to the records, togetherwith the evidence presented during the investigation. The submissionof the
report need not await the transcription of the stenographic notes,it being sufficient that the report reproduce
substantially from theInvestigating Commissioner’s personal notes any relevant and pertinenttestimonies.If the
hearing is conducted through videoconferencing, theproceedings shall be recorded by the Investigating
Commissioner. Itshall form part of the records of the case, appending thereto relevantelectronic documents taken
up or issued during the hearing.

SECTION 26. Submission of resolution by the Board ofGovernors. —

The IBP Board of Governors shall have a non-extendibleperiod of ninety (90) calendar days from receipt of the
Report andRecommendation of the Investigating Commissioner, within which tosubmit to the Supreme Court its
Resolution adopting, modifying ordisapproving such Report and Recommendation.

SECTION 27. Depositions. —

Depositions may be taken inaccordance with the Rules of Civil Procedure, as amended, with leaveof the
Investigating Commissioner.

SECTION 28. Filing and service. —

The filing and the serviceof papers or notices required by this Canon shall be made with theCommission, or upon
the parties personally, by registered mail,accredited courier, electronic mail or other electronic means, or
asprovided for in international conventions to which the Philippines is a party.For this purpose, the office
address and the electronic mailaddress supplied by the lawyer to the IBP shall be the official addressesto which
all notices, orders and processes shall be served.Proof of filing and service shall be submitted in accordance
withthe Rules of Civil Procedure, as amended.

SECTION 29. Substantial defects; motion to reopen. —

Any substantial defect in the complaint, notice, answer, or in the proceedingor the Investigating Commissioner’s
Report which may result in themiscarriage of justice may be raised as an error before the SupremeCourt, unless
the defect results in the deprivation of the right to dueprocess. In case of the latter, the matter may be
brought before the IBPBoard of Governors by way of a motion to reopen within sixty (60)calendar days from
knowledge.
SECTION 30. Proceedings initiated before the Supreme Court.—
In proceedings initiated by the Supreme Court, or proceedingscommenced by complaint filed with the Supreme
Court, the SupremeCourt may refer the case for investigation, report and recommendationto the Office of the Bar
Confidant, or the IBP, or other fact-finding bodythat is designated or created by the Supreme Court for such
purpose.Cases referred to the Office of the Bar Confidant, or other fact-finding body, or the IBP shall proceed
in the same manner provided inSections 5 to 29 of this Canon.In any event, the report and recommendation on the
investigationshall be reviewed directly by the Supreme Court, which shall take suchnecessary action on the
report and recommendation as may bewarranted.

SECTION 31. Preventive suspension. —

After receipt ofrespondent’s answer or lapse of the period therefor, the Supreme Court,on its own initiative, or
upon the recommendation of the IBP Board ofGovernors, the Office of the Bar Confidant, or the fact-finding
bodyreferred to in Section 30, may suspend a lawyer from the practice oflaw during the pendency of the
investigation for a period not exceedingone hundred eighty (180) calendar days or until such suspension islified
by the Supreme Court, in order to prevent interference with orobstruction of the investigation, tampering,
concealment or destructionof evidence, intimidating or exerting undue influence on any witness.

SECTION 32. Quantum and burden of proof. —

Inadministrative disciplinary cases, the complainant has the burden of proof to establish with substantial
evidence the allegations against therespondent. Substantial evidence is that amount of relevant evidencewhich a
reasonable mind might accept as adequate to justify aconclusion.

SECTION 33. Serious offenses. —

Serious offenses include:
(a) Gross misconduct, or any inexcusable, shameful orflagrant unlawful conduct;
(b) Serious dishonesty, fraud, or deceit, including falsificationof documents and making untruthful statements;
(c) Bribery or corruption;
(d) Gross negligence in the performance of duty, or conductthat is reckless and inexcusable, which results in
the client being deprived of his or her day in court;(e) Conviction of a crime involving moral turpitude;
(f) Grossly immoral conduct, or an act that is so corrupt orfalse as to constitute a criminal act, or so immoral
as to be reprehensible to a high degree;(2) Misappropriating a client’s funds or properties;
(h) Gross ignorance of the law or procedure, or the disregardof basic rules and settled jurisprudence, when
either isattended by bad faith, malice, or corrupt motive;
(i) Grossly undignified conduct prejudicial to theadministration of justice;
(j) Sexual abuse;
(k) Gender-based sexual harassment or discrimination;
(I) Open defiance to any order of the court, tribunal, or other government agency,
(m) Threat of physical or economic harm, amounting to a crime, directed at a fellow lawyer, the latter's client
orprincipal, a witness, or any official or employee of a court,tribunal, or other government agency;
(n) Willful and deliberate forum shopping, and forum shopping through gross negligence;
(0) Intentional violation of the rule on privileged communication;
(p) Violation of the notarial rules, except reportorial requirements, when attended by bad faith;
(q) Intentional violation of the conflict of interest rules;
(r) Influence-peddling or using one’s relationships to obtain a favorable action on, or outcome in, any pending
matter or proceeding, directly or indirectly, with or without monetary consideration, from any officer of a
court, tribunal or other government agency;
(s) Unlawful discrimination under Canon V; and
(t) Sale, distribution, possession and/or use of illegal drugs or substances.

SECTION 34. Less Serious offenses . —

Less serious offenses include:
(a) Simple misconduct, or such misconduct without themanifest elements of corruption, clear intent to violate
thelaw or flagrant disregard of established rules;
(b) Simple negligence in the performance of duty, or suchnegligence which does not result in depriving the
client ofhis or her day in court;
(c) Violation of Supreme Court rules and issuances in relationto Bar Matters and administrative
disciplinaryproceedings, including willful and deliberate disobedienceof the orders of the Supreme Court and the
IBP;
(d) Simple dishonesty;
(e) Other violations of the conflict of interest rules;
(f) Prohibited borrowing of money from a client
(g) Prohibited lending of money;
(h) Other unlawful threats;
(i) Instituting frivolous or baseless actions, on the basis of afinal decision or order dismissing such action
for beingfrivolous or baseless;
(j) Violation of the sub judice rule;
Deliberate failure or refusal to pay just debts;
Termination of legal services absent good cause andwritten notice;
Use of intemperate or offensive language before any court, tribunal, or other government agency,
Unjustifiable failure or refusal to render an accounting ofthe funds or properties of a client;
Unauthorized division of fees with a non-lawyer; and Other violations of reportorial requirements.

SECTION 35. Light offenses. —

Light offenses include:
a Violation of IBP rules and issuances governing and membership in the IBP;
b Use of vulgar or offensive language in personal dealings;
c Fraternizing with the officials or employees of a court, tribunal, or other government agency where
therespondent has a pending case or cases, to such a degreeand frequency as would give the appearance of power
orinfluence over them, or which tends to create animpression of impropriety;e Filing of frivolous motions for
inhibition;f Failure to promptly call upon client to rectify a fraudulentact; org Other similar or analogous
infractions of the CPRA.

SECTION 36. Assisting in the commission of an offense. —Any lawyer who shall knowingly assist another lawyer in
thecommission of any serious, less serious, or light offense punished bythe CPRA may also be held liable.

SECTION 37. Sanctions. —

(a) If the respondent is found guilty of a serious offense, anyof the following sanctions, or a combination
thereof, shallbe imposed:
(1) Disbarment;
(2) Suspension from the practice of law for a periodexceeding six (6) months;
(3) Revocation of notarial commission anddisqualification as notary public for not less thantwo (2) years; or
(4) A fine exceeding P100,000.00.

(b) If the respondent is found guilty of a less serious offense, any of the following sanctions, or a
combination thereof,shall be imposed:
(1) Suspension from the practice of law for a period within the range of one (1) month to six (6) months,or
revocation of notarial commission and disqualification as notary public for less than two(2) years;
(2) A fine within the range of P35,000.00 toP100,000.00.(c) If the respondent is found guilty of a light
offense, any ofthe following sanctions shall be imposed:(1) A fine within the range of P1,000.00 to P35,000.00;
(2) Censure; or
(3) Reprimand.In addition to the above sanctions in paragraph (c), the respondent may also be required to
docommunity service or service in the IBP legal aidprogram."In all instances, when the offense involves money or
propertyowed, which is intrinsically linked to the lawyer-client relationship, therespondent shall be ordered to
return the same.

SECTION 38. Modifying circumstances. — In determining theappropriate penalty to be imposed, the Court may, in
its discretion,appreciate the following mitigating and aggravating circumstances:

(a) Mitigating circumstances:

(1) First offense, except in charges of grossmisconduct, bribery or corruption, grossly immoralconduct,
misappropriating a client’s funds orproperties, sexual abuse, and sale, distribution,possession and/or use of
illegal drugs or substances;
(2) Absence of bad faith or malice;
(3) Return of the amounts owed;
(4) Expression of remorse;
(5) Reconciliation with the complainant;(6) Rectification of wrongdoing;(7) Act or omission did not prejudice
the client;(8) Age;(9) Number of years in the practice of law;(10) Humanitarian considerations; and(11) Other
analogous circumstances.(b) Aggravating Circumstances:(1) Finding of previous administrative liability where
apenalty is imposed, regardless of nature or gravity;(2) Age;(3) Number of years in the practice of law;(4)
Employment of fraudulent means to conceal theoffense;(5) Respondent’s act or omission was tainted with badfaith
or malice, except when it is an element of theoffense;(6) Lack of remorse;(7) Failure to comply with the orders
of the Court andthe IBP in relation to an administrative case; and(8) Other analogous circumstances.

SECTION 39. Manner of imposition. — If one (1) or moreaggravating circumstances and no mitigating circumstances
are present,the Supreme Court may impose the penalties of suspension or fine fora period or amount not exceeding
double of the maximum prescribedunder this Rule. The Supreme Court may, in its discretion, impose thepenalty of
disbarment depending on the number and gravity of theaggravating circumstances.If one (1) or more mitigating
circumstances and no aggravatingcircumstances are present, the Supreme Court may impose the penaltiesof
suspensicn or fine for a period or amount not less than half of theminimum prescribed under the CPRA.If there
are both aggravating and mitigating circumstancespresent, the Supreme Court may offset each other.

SECTION 40. Penalty for multiple offenses. — If therespondent is found liable for more than one (1) offense
arising fromseparate acts or omissions in a single administrative proceeding, theCourt shall impose separate
penalties for each offense. Should theaggregate of the imposed penalties exceed five (5) years of suspensionfrom
the practice of law or P1,000,000.00 in fines, the respondent may,in the discretion of the Supreme Court, be
meted with the penalty ofdisbarment.If a single act or omission gives rise to more than one (1) offense,the
respondent shall still be found liable for all such offenses, but shall,nonetheless, only be meted with the
appropriate penalty for the mostserious offense.

SECTION 41. Payment of fines and return of client’s moneyand property. — When the penalty imposed is a fine or
the respondentis ordered to return the client’s money or property, the respondent shallpay or return it within a
period not exceeding three (3) months fromreceipt of the decision or resolution. If unpaid or unreturned, the
Courtmay cite the respondent in indirect contempt,

SECTION 42. Penalty when the respondent has beenpreviously disbarred. — When the respondent has been
previouslydisbarred and is subsequently found guilty of a new charge, the Courtmay impose a fine or order the
disbarred lawyer to return the money orproperty to the client, when proper. If the new charge deserves
thepenalty of a disbarment or suspension from the practice of law, it shallnot be imposed but the penalty shall
be recorded in the personal file ofthe disbarred lawyer in the Office of the Bar Confidant or other
officedesignated for the purpose. In the event that the disbarred lawyerapplies for judicial clemency, the
penalty so recorded shall beconsidered in the resolution of the same.

SECTION 43. Immediately executory; furnished copies. —The decision or resolution pronouncing the respondent’s
administrativeliability is immediately executory. The copies of the decision orresolution shall be furnished to
the Office of the Bar Confidant, the IBPNational Office and local chapter to which the respondent belongs,
andthe Office of the Court Administrator for circulation to all the courts.

SECTION 44. Confidentiality. — Proceedings against lawyersshall be confidential. However, the final order of the
Supreme Court shall be published like its decisions in other cases.

SECTION 45. Sworn statement after service of suspension. —Upon the expiration of the period of suspension from
the practice of law, the lawyer shall file a Sworn Statement with the Supreme Court, through the Office of the
Bar Confidant, to show that the petitioner,during the period of suspension:
(a) has not appeared before any court, tribunal or othergovernment agency, whether in respect of current, former
or prospective clients;
(b) has not signed or filed any pleading or other courtsubmission;
(c) has duly informed his or her clients, law firm, law school where the lawyer is teaching, legal clinic, or
other legal service organization of which he or she is a member,regarding the suspension; and
(d) has not otherwise performed any act, directly or indirectly, that amounts to the practice of law. The Sworn
Statement shall state the date of the lawyer’s receiptof the order, decision or resolution imposing the penalty
of suspension, as well as a list of the lawyer’s engagements affected by the suspension, indicating the relevant
court, tribunal or other government agency, ifany. Copies of the Sworn Statement shall be furnished to the
LocalChapter of the IBP, to the Executive Judge of the courts where the suspended lawyer has pending cases
handled by him or her, and/or where he or she has appeared as counsel.

SECTION 46. Resumption of practice of law. — The SwornStatement shall be considered as proof of the suspended
lawyer’s compliance with the order of suspension. Such lawyer shall be allowed to resume the practice of law
upon the filing of the Sworn Statementbefore the Supreme Court. However, any false statement in the Sworn
Statement shall be aground for a complaint for disbarment. Within five (5) days from the filing of the Sworn
Statement andthe Office of the Bar Confidant determines that there is a false statement stated therein, it shall
refer the same to the Court for its immediate action.

SECTION 47. Reinstatement in the Roll of Attorneys. — A lawyer who has been disbarred may file a verified
petition for judicial clemency after five (5) years from the receipt of the order, decision, orresolution of
disbarment.

SECTION 48. Petition for judicial clemency. — The verifiedpetition for judicial clemency shall allege the
following:(a) that the verified petition was filed after five (5) years fromthe receipt of the order, decision,
or resolution ofdisbarment;(b) thatthe disbarred lawyer has fully complied with the termsand conditions of all
prior disciplinary orders, includingorders for restitution;(¢) that he or she recognizes the wrongfulness and
seriousnessof the misconduct for which he or she was disbarred byshowing positive acts evidencing reformation;
(d) that he or she has reconciled, or attempted in good faith toreconcile, with the wronged private offended
party in thedisbarment case, or if the same is not possible, anexplanation as to why such attempt at
reconciliation couldnot be made.Where there is no private offended party, the plea forclemency must contain a
public apology; and(e) notwithstanding the conduct for which the disbarredlawyer was disciplined, he or she has
the requisite goodmoral character and competence.Any of the following allegations may also be made in support
ofthe petition:(a) that he or she still has productive years that can be put togood use if given a chance; or(b)
there is a showing of promise (such as intellectualaptitude, learning or legal acumen or contribution to
legalscholarship and the development of the legal system oradministrative and other relevant skills), as well
aspotential for public service.

SECTION 49. Action on the petition for judicial clemency;prima facie merit. — Upon receipt of the petition, the
Supreme Courtshall conduct a preliminary evaluation and determine if the same hasprima facie merit based on the
criteria.If the petition has prima facie merit, the Supreme Court shallrefer the petition to the Office of the
Bar Confidant or any fact-finding body the Court so designates for investigation, report andrecommendation.If
the petition fails to show any prima facie merit, it shall bedenied outright.

SECTION 50. Investigation by the Office of the Bar Confidantor other fact-finding body. — The Office of the Bar
Confidant or anyother fact-finding body designated shall conduct and terminate theinvestigation and submit to
the Supreme Court its report andrecommendation within ninety (90) calendar days from receipt of thereferral.

SECTION 51. Decision on the petition for judicial clemency;quantum of evidence. — The Supreme Court shall decide
the petitionon the basis of clear and convincing evidence.

SECTION 52. Prohibition against employment of disbarred orsuspended lawyer. — A lawyer who has been disbarred or
suspendedshall not be employed or engaged in the practice of law, including theperformance of the following
acts:(a) Providing legal consultation or advice;(b) Appearing on behalf of a client in any hearing orproceeding
before any court, tribunal, or other governmentagency or office;(c) Appearing as a representative of a client at
a deposition orother discovery matter;(d) Negotiating or transacting any legal matter for or on behalfof a
client with third parties;(e) Receiving, disbursing, or otherwise handling a client’sfunds;(f) Teaching law
subjects in any educational institution; or(g) Acting and being commissioned as a Notary Public.A suspended
lawyer shall immediately cease and desist from thepractice of law until the suspension is lifted by the Supreme
Court.Any client previously represented by a suspended lawyer mayengage the services of a new lawyer.The
disbarment or suspension of a handling lawyer shall notterminate the lawyer-client engagement between the client
and the lawfirm, unless the client chooses otherwise.

SECTION 53. Costs. — All reasonable and necessary expensesincurred in relation to disciplinary and disbarment
proceedings arelawful charges for which the parties may be taxed as costs, subject toproof.REVISED LAWYER'S
OATHI, (name), do solemnly swear (affirm) that I accept the honor,privilege, duty, and responsibility of
practicing law in the Philippinesas an Officer of the Court in the interest of our people.I declare fealty to
the Constitution of the Republic of Philippines.In doing so, I shall work towards promoting the rule of law anda
regime of truth, justice, freedom, love, equality, and peace.I shall conscientiously and courageously work for
justice, as wellas safeguard the rights and meaningful freedoms of all persons,identities and communities. I
shall ensure greater and equitable accessto justice. I shall do no falsehood nor shall I pervert the law to
unjustlyfavor nor prejudice anyone. I shall faithfully discharge these duties andresponsibilities to the best of
my ability, with integrity, and utmostcivility. I impose all these upon myself without mental reservation
norpurpose of evasion.So help me, God.GENERAL PROVISIONS

SECTION 1. Transitory provision. — The CPRA shall beapplied to all pending and future cases, except to the
extent that in theopinion of the Supreme Court, its retroactive application would not be feasible or would work
injustice, in which case the procedure underwhich the cases were filed shall govern.

SECTION 2. Repealing clause. — The Code of ProfessionalResponsibility of 1988, Sections 20 to 37 of Rule 138,
and Rule 139-Bof the Rules of Court are repealed.The Lawyer’s Oath, as found in Rule 138 of the Rules of
Court,is amended and superseded.Any resolution, circular, bar matter, or administrative orderissued by or
principles established in the decisions of the SupremeCourt inconsistent with the CPRA are deemed modified or
repealed.

SECTION 3. Effectivity clause. — The CPRA shall take effectfifteen (15) calendar days after its publication in
the Official Gazette orany newspaper of general circulation.