CASE
DOCTRINE
MODULE 3
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
Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for
admission to the bar.
Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character,
education, or other relevant attribute.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession
CANON 8 – A lawyer shall conduct himself with courtesy, fairness and candor towards his professional colleagues, and shall avoid harassing tactics
against opposing counsel
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer, however, it is the right of any lawyer,
without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. (wag mangialam)
CANON 9 – A lawyer shall not directly or indirectly assist in the unauthorized practice of law
Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in
good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except:
(a)Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to
his estate or to persons specified in the agreement; or
(b)Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
(c)Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing
agreement.
MODULE 4
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. (CFG)
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice.
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CASE
DOCTRINE
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of
a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been
proved.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.
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.
Rule 11.01 - A lawyer shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court hearings.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case.
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and
the order of its preference. He should also be ready with the original documents for comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or
offering an explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
(a)on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or
(b)on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the
case to another counsel.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY (dishonesty/wrondoing) WHICH
TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party.
Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings.
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CASE
VDA DE
VICTORIA VS CA
DOCTRINE
It cannot be overemphasized that parties and their counsel are duty-bound to observe honesty and truthfulness in all their pleadings,
motions and statements before the courts. Canon 10 of the Code of Professional Responsibility dictates that a lawyer owes candor, fairness
and good faith to the court. Rules 10.03 of the same provides that a lawyer shall observe the rules of procedure and shall not misuse them
to defeat the ends of justice.
ALLIED ANKING
VS CA
The syllabus of cases in official or unofficial reports of Supreme Court decisions or resolutions is not the work of the Court, nor does it
state this Court’s decision. The syllabus is simply the work of the reporter who gives his understanding of the decision. The reporter writes
the syllabus for the convenience of lawyers in reading the reports. A syllabus is not a part of the court’s decision. A counsel should not cite
a syllabus in place of the carefully considered text in the decision of the Court.
SAMAR MINING
CO VS AMADO
BIASCAN VS
LOPEZ
TORRES VS
JAVIER
DELIBERATELY MADE THE QUOTE FROM SCRA SYLLABUS APPEAR AS THE WORDS OF SC VIOLATING CANON 10
In the present case, Labor Arbiter Almirante and Atty. Durano began by quoting from Dosch, but substituted a portion of the decision with
a headnote from the SCRA syllabus, which they even underscored. In short, they deliberately made the quote from the SCRA syllabus
appear as the words of the Supreme Court. We admonish them for what is at the least patent carelessness, if not an outright attempt to
mislead the parties and the courts taking cognizance of this case. Rule 10.02, Canon 10 of the Code of Professional Responsibility
mandates that a lawyer shall not knowingly misquote or misrepresent the text of a decision for authority. It is the duty of all
officers of the court to cite the rulings and decisions of the Supreme Court accurately.
It is manifest that the purpose of this case has been merely to delay, a policy “often resorted to” — in the language of Mr. Justice Reyes
(J.B.L.) — “as a means of draining the resources of the poorer party” — in this case a tuberculosis patient — “and of compelling it to submit
out of sheer exhaustion.” Thus, the conduct of petitioner’s counsel is hardly compatible with the duty of the Bar to assist in the
Administration of Justice, not to obstruct or defeat the same.
As a lawyer and an officer of the court, respondent should have respected the court order and refrained from doing any act, which would
have rendered such order ineffectual. It bears repeating that a lawyer should uphold the dignity and authority of the court. His actions
violate Canon 1 of the Code of Professional Responsibility that requires every member of the bar to promote respect for law and legal
processes.
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.
In keeping with the dignity of the legal profession, a lawyer’s language must be dignified and choice of language is important in the
preparation of pleadings. In the assertion of his client's rights, a lawyer — even one gifted with superior intellect — is enjoined to rein up
his temper.
Canon 8 and Rule 8.01 of the Code of Professional Responsibility instruct that a lawyer’s arguments in his pleadings 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.
The language vehicle does not run short of expressions which are emphatic but respectful, convincing but not derogatory, illuminating but
not offensive.
ATTY. TIONGCO
VS. JUDGE
AGUILAR
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
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CASE
ESTRADA VS
SANDIGANBAYAN
DOCTRINE
IT DOES NOT FOLLOW THAT JUST BECAUSE A LAWYER IS AN OFFICER OF THE COURT, HE CANNOT CRITICIZE THE COURTS. THAT
IS HIS RIGHT AS A CITIZEN, AND IT IS EVEN HIS DUTY AS AN OFFICER OF THE COURT TO AVAIL SUCH RIGHTS
The right to criticize, which is guaranteed by the freedom of speech and of expression in the Bill of Rights of the Constitution, must be
exercised responsibly, for every right carries with it a corresponding obligation. Freedom is not freedom from responsibility, but freedom
with responsibility.
Nevertheless, such a right is not without limit. For, as this Court warned in Almacen:
“But it is a cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety. A
wide chasm exists between fair criticism, on the one hand, and abuse and slander of courts and the judges thereof, on the other.
Intemperate and unfair criticism is a gross violation of the duty of respect to courts. It is such a misconduct that subjects a lawyer to
disciplinary action.
THE COURT WILL NOT TOLERATE ANY WRONGDOING NOR ALLOW THE EROSION OF OUR PEOPLE’S FAIT IN THE JUDICIAL
SYSTEM
The Supreme Court does not claim infallibility; it will not denounce criticism made by anyone against the Court for, if well- founded, can
truly have constructive effects in the task of the Court, but it will not countenance/TOLARATE any wrongdoing nor allow the erosion of
our people’s faith in the judicial system, let alone, by those who have been privileged by it to practice law in the Philippines.
Canon 11 of the Code of Professional Responsibility mandates that the lawyer should observe and maintain the respect due to the courts
and judicial officers and, indeed, should insist on similar conduct by others. In liberally imputing sinister and devious motives and
questioning the impartiality, integrity, and authority of the members of the Court, the lawyer in this case has only succeeded in seeking to
impede, obstruct and pervert the dispensation of justice.
EARTH
MINERALS
EXPLORATION VS
MACARAIG
Rule 13.02 of the Code of Professional Responsibility prohibits a member of the bar from making such public statements on any
pending case tending to arouse public opinion for or against a party.
The attention of Atty. Paguia has also been called to the mandate of Rule 13.02 of the Code of Professional Responsibility prohibiting a
member of the bar from making such public statements on a case that may tend to arouse public opinion for or against a party. Regrettably,
Atty. Paguia has persisted in ignoring the Court’s well-meant admonition.
FORUM-SHOPPING DEFINED
There is forum-shopping whenever, as a result of an adverse opinion in one forum, a party seeks a favorable opinion (other than by
appeal or certiorari) in another. The principle applies not only with respect to suits filed in the courts but also in connection with
litigations commenced in the courts while an administrative proceeding is pending, as in this case, in order to defeat administrative
processes and in anticipation of an unfavorable court ruling.
When the DENR rendered its November 7, 1985 decision affirming the July 23, 1985 decision of the BUREAU MGS, private respondent
Philzea Mining, notwithstanding the pendency of its petition for certiorari with the Intermediate Appellate Court, filed its notice of
appeal to the Office of the President from the said decision of the MNR stating therein that its appeal was “without prejudice to the pending
petition with the Intermediate Appellate Court.”
GENERAL RULE: ANNULMENT OF CONTRACTS CAN ONLY BE MAINTAINED BY THOSE PRINCIPALLY/SUBSIDIARILY BOUNDED
Article 1397 of the Civil Code lays the general rule that an action for the annulment of contracts can only be maintained by those who are
bound either principally or subsidiarily by virtue thereof. The rule, however, admits of an exception.
XPN: HE IS PREJUDICED IN HIS RIGHTS
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CASE
PHIL
PHARMAHEALTH
INC VS PFIZER
DOCTRINE
The Court, in Teves v. People’s Homesite and Housing Corporation held that a person who is not obliged principally or subsidiarily in a
contract may exercise an action for nullity of the contract if he is prejudiced in his rights with respect to one of the contracting parties, and
can show the detriment which could positively result to him from the contract in which he had no intervention.
FORUM SHOPPING
 Forum shopping is defined as the act of a party against whom an adverse judgment has been rendered in one forum, of seeking
another (and possibly favorable) opinion in another forum (other than by appeal or the special civil action of certiorari), or
 the institution of two (2) or more actions or proceedings grounded on the same cause on the supposition that one or the other
court would make a favorable disposition.
Jurisprudence holds that if the forum shopping is not considered willful and deliberate, the subsequent case shall be dismissed without
prejudice, on the ground of either litis pendentia or res judicata. However, if the forum shopping is willful and deliberate, both (or all, if
there are more than two) actions shall be dismissed with prejudice.
ELEMENTS OF FORUM SHOPPING
1. Identity of parties, or at least such parties that represent the same interests in both actions;
2. Identity of rights asserted and reliefs prayed for, the reliefs being founded on the same facts;
3. Identity of the two preceding particulars, such that any judgment rendered in the other action will, regardless of
which party is successful, amount to res judicata in the action under consideration.
VEXATION CAUSED THE COURTS AND PARTIES-LITIGANT BY A PARTY WHO ASKS DIFFERENT COURTS AND/OR
ADMINISTRATIVE AGENCIES TO RULE ON THE SAME OR RELATED CAUSES
It bears to reiterate that what is truly important to consider in determining whether forum shopping exists or not is the vexation caused
the courts and parties-litigant by a party who asks different courts and/or administrative agencies to rule on the same or related causes
and/or to grant the same or substantially the same reliefs, in the process creating the possibility of conflicting decisions being
rendered by the different fora upon the same issue.
IN BOTH COMPLAINTS THE RIGHTS VIOLATED AND THE ACTS VIOLATIVE OF SUCH RIGHTS ARE IDENTICAL
However, a careful reading of the complaint filed with the RTC of Makati City would show that respondents have the same cause of action
as in their complaint filed with the IPO. They claim that they have the exclusive right to make, use and sell Sulbactam Ampicillin products
and that petitioner violated this right. Thus, it does not matter that the patents upon which the complaints were based are different. The
fact remains that in both complaints the rights violated and the acts violative of such rights are identical. In fact, respondents seek
substantially the same reliefs in their separate complaints with the IPO and the RTC for the purpose of accomplishing the same objective.
It is settled by this Court in several cases that the filing by a party of two apparently different actions but with the same objective constitutes
forum shopping.
BLINDER VS
ILUSORIO AND
ATTY SINGSON
CANON 13 A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO
INFLUENCE OR GIVES APPEARANCE OF INFLUENCING THE COURT
The highly immoral implication of a lawyer approaching a judge — or a judge evincing a willingness — to discuss, in private, a matter
related to a case pending in that judge’s sala cannot be over-emphasized. The fact that Atty. Singson did talk on different occasions to Judge
Reyes, initially through a mutual friend, Atty. Sevilla, leads us to conclude that Atty. Singson was indeed trying to influence the judge to
rule in his client’s favor.
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DOCTRINE
UNETHICAL BEHAVIOR OF ATTEMPTING TO INFLUENCE A JUDGE, ITSELF A TRANSGRESSION OF CONSIDERABLE GRAVITY
While the alleged attempted bribery may perhaps not be supported by evidence other than Judge Reyes’ statements, there is nevertheless
enough proof to hold Atty. Singson liable for unethical behavior of attempting to influence a judge, itself a transgression of considerable
gravity
SITACA VS
PALOMARES
Significantly, Atty. Singson admitted having made phone calls to Judge Reyes, either in his residence or office in Baguio City during the
period material. He offers the lame excuse, however, that he was merely following up the status of a temporary restraining order applied
for and sometimes asking for the resetting of hearings. The Court finds the explanation proffered as puerile as it is preposterous. Matters
touching on case status could and should be done through the court staff, and resetting is usually accomplished thru proper written motion
or in open court.
AN EX-PARTE INVESTIGATION MAY ONLY BE CONDUCTED WHEN THE RESPONDENT FAILS TO APPEAR DESPITE REASONABLE
NOTICES
Administrative complaints for disbarment are referred to the IBP for formal investigation by the Court after an evaluation by it of the
pleadings submitted. An ex-parte investigation may only be conducted when the respondent fails to appear despite reasonable notice. In
this case, it would appear that no investigation, not even just an ex-parte investigation, was conducted by the Commission on Bar
Discipline.
The prevailing procedure for investigation is that expressed in Rule 139-B of the Rules of Court some pertinent provisions of which
read:
SEC. 3. Duties of the National Grievance Investigator. – The National Grievance Investigators shall investigate all complaints against
members of the Integrated Bar referred to them by the IBP Board of Governors.
SEC. 5. Service or dismissal. – If the complaint appears to be meritorious, the Investigator shall direct that a copy thereof be served upon
the respondent, requiring him to answer the same within fifteen (15) days from the date of service. If the complaint does not merit action,
or if the answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the same may be dismissed by the Board
of Governors upon his recommendation. A copy of the resolution of dismissal shall be furnished the complainant and the Supreme Court
which may review the case motu proprio or upon timely appeal of the complainant filed within 15 days from notice of the dismissal of the
complaint.
"No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the
charges, or failure of the complainant to prosecute the same.
"SEC. 8. Investigation. – Upon joinder of issues or upon failure of the respondent to answer, the Investigator shall, with deliberate speed,
proceed with the investigation of the case. He shall have the power to issue subpoenas and administer oaths. The respondent shall be given
full opportunity to defend himself, to present witnesses on his behalf and be heard by himself and counsel. However, if upon reasonable
notice, the respondent fails to appear, the investigation shall proceed ex parte.
"The Investigator shall terminate the investigation within three (3) months from the date of its commencement, unless extended for good
cause by the Board of Governors upon prior application.
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DOCTRINE
WILLFUL FAILURE TO REFUSAL TO OBEY A SUBPOENA OR ANY OTHER LAWFUL ORDER ISSUED BY THE INVESTIGATOR SHALL
BE DEALT WITH AS FOR INDIRECT CONTEMPT OF COURT
"Willful failure to refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with as for indirect
contempt of court. The corresponding charge shall be filed by the Investigator before the IBP Board of Governors which shall require the
alleged contemnor to show cause within ten (10) days from notice. The IBP Board of Governors may thereafter conduct hearings, if
necessary, in accordance with the procedure set forth in this Rule for hearings before the Investigator. Such hearing shall as far as
practicable be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of Governors shall within a like
period of fifteen (15) days issue a resolution setting forth its findings and recommendations, which shall forthwith be transmitted to the
Supreme Court for final action and if warranted, the imposition of penalty."
DUMLAO JR. VS
CAMACHO
INFLUENCE PEDDLING AND ATTEMPTED BRIBERY
A lawyer is duty-bound to actively avoid any act that tends to influence, or may be seen to influence, the outcome of an ongoing case, lest
the people's faith in the judicial process is diluted. A lawyer that approaches a judge to try to gain influence and receive a favorable outcome
for his or her client violates Canon 13 of the Code
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO
INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.
 Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity
with Judges.
A lawyer who commits attempted bribery, or corruption of public officials, against a judge or a court personnel, violates Canon 10 and
Rule 10.01 of the Code, to wit:
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
 Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court
to be misled by any artifice.
THREATENING COURT OFFICERS AND DISRESPECTING COURT PROCESSES
It is the respect for the courts that guarantees the stability of the judicial institution; elsewise, the institution would be resting on a very
shaky foundation. Hence, no matter how passionate a lawyer is towards defending his client's cause, he must not forget to display the
appropriate decorum expected of him, being a member of the legal profession, and to continue to afford proper and utmost respect due to
the courts.
A LAWYER WHO DISRESPECTS THE COURT AND ITS OFFICERS VIOLATES CANON 11 AND CANON 11.03 OF THE CODE
Also, a lawyer must not disrespect the officers of the court. Disrespect to judicial incumbents is disrespect to that branch of the
government to which they belong, as well as to the State which has instituted the judicial system. It is the duty of a lawyer to observe
and maintain the respect due to the courts of justice and judicial officers.A lawyer who disrespects the court and its officers violates Canon
11 and Canon 11.03 of the Code, to wit:
7
CASE
ALICIAS JR. VS
BACLIG
DOCTRINE
CANON 11 — A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE THE COURTS AND TO JUDICIAL OFFICERS AND
SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
 Rule 11.03 — A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.
THERE IS NO DOUBLE OR MULTIPLE DISBARMENT
Once a lawyer is disbarred, there is no penalty that could be imposed regarding his privilege to practice law. At best, the Court may only
impose a fine or order the said lawyer to pay the monetary obligation to his or her client.
This Court had the occasion to clarify that the proper evidentiary threshold in disbarment cases is substantial evidence.
LACHES - unreasonable delay in making an assertion or claim, such as asserting a right, claiming a privilege, or making an application for
redress, which may result in refusal.
- DOCTRINE OF LACHES: "equity aids the vigilant and not those who slumber on their rights." (Black's Law Dictionary). The outcome
is that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse
party.
Application: At the same time, he related to complainant that he would share a portion of his attorney's fees with complainant in exchange
for the issuance of the writ of execution and the denial of the notice of appeal filed by defendants. He also insisted that a portion of the
judgment would be donated to the U.P. Law Center. Evidently, this constitutes attempted bribery or corruption of public officers on the
part of respondent as he offered monetary consideration in exchange for a favorable ruling.
FORUM SHOPPING VIOLATES CANON 12 WHICH PROHIBITS UNDUE DELAY OF A CASE BY MISUSING COURT PROCESSES
We emphasize that the filing of another action concerning the same subject matter runs contrary to Canon 1 and Rule 12.04 of Canon 12
of the CPR. Canon 1 of the CPR requires a lawyer to exert every effort and consider it his duty to assist in the speedy and efficient
administration of justice and Rule 12.04 of Canon 12 prohibits the undue delay of a case by misusing court processes.
FILING OF MULTIPLE PETITIONS CONSTITUTES ABUSE OF THE COURT’S PROCESSES AND IMPROPER CONDUCT THAT TENDS TO
IMPEDE, OBSTRUCT AND DEGRADE THE ADMINISTRATION OF JUSTICE AND WILL BE PUNISHED AS CONTEMPT OF COURT
We reiterate that a lawyer owes fidelity to the cause of his client, but not at the expense of truth and the administration of justice. The
filing of multiple petitions constitutes abuse of the court's processes and improper conduct that tends to impede, obstruct and degrade
the administration of justice and will be punished as contempt of court.
A former member of the judiciary need not be reminded of the fact that forum shopping wreaks havoc (causes damage) upon orderly
judicial process and clogs the courts' dockets. As a former judge, Atty. Baclig must be mindful not only of the tenets of the legal profession
but also of the proper observance of the same.
8
CASE
MODULE 5
DOCTRINE
CHAPTER IV. THE LAWYER AND THE CLIENT
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY
Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or status of life, or because of his own opinion
regarding the guilt of said person.
Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de 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.
Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client unless:
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client.
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations
with paying clients.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another
client or his own interest, and if so, shall forthwith inform the prospective client.
Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client.
Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.
Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes.
Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client's case, neither overstating
nor understating the prospects of the case.
Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body.
Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness.
Rule 15.08. - A 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.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.
Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client.
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.
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 over 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 executions he has secured for his client as provided for in the Rules of Court.
Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest 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.
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
9
CASE
BURBE V
MAGULTA
DOCTRINE
LAWYER-CLIENT RELATIONSHIP ESTABLISHED FROM THE VERY FIRST MOMENT COMPLAINANT ASKED RESPONDENT FOR
LEGAL ADVICE REGARDING FORMER’S BUSINESS
A lawyer-client relationship was established from the very first moment complainant asked respondent for legal advice regarding the
former’s business. To constitute professional employment, it is not essential that the client employed the attorney professionally on any
previous occasion. It is not necessary that any retainer be paid, promised, or charged; neither is it material that the attorney consulted did
not afterward handle the case for which his service had been sought.
ONCE LAWYERS AGREE TO TAKE UP THE CAUSE OF A CLIENT, THEY OWE DIFELITY TO SUCH CAUSE AND MUST ALWAYS BE
MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN THEM
They owe entire devotion to the interest of the client, warm zeal in the maintenance and the defense of the client’s rights, and the exertion
of their utmost learning and abilities to the end that nothing be taken or withheld from the client, save by the rules of law legally applied.
Rule 16.01 of the Code of Professional Responsibility states that lawyers shall hold in trust all moneys of their clients and properties
that may come into their possession.
 In failing to apply to the filing fee the amount given by complainant — as evidenced by the receipt issued by the law office of
respondent — the latter also violated the rule that lawyers must be scrupulously careful in handling money entrusted to them in
their professional capacity.
Lawyers who convert the funds entrusted to them are in gross violation of professional ethics and are guilty of betrayal of public confidence
in the legal profession. It may be true that they have a lien upon the client’s funds, documents and other papers that have lawfully come
into their possession; that they may retain them until their lawful fees and disbursements have been paid; and that they may apply such
funds to the satisfaction of such fees and disbursements. However, these considerations do not relieve them of their duty to promptly
account for the moneys they received. Their failure to do so constitutes professional misconduct. In any event, they must still exert
all effort to protect their client’s interest within the bounds of law.
WILLIAM UY VS
ATTY
GEONZALES
MERCADO VS
VITRIOLO
ATTORNEY-CLIENT RELATIONSHIP EXISTS WHEN A LAWYER VOLUNTARILY PERMITS WITH THE CONSULTATION OF A PERSON,
WHO IN RESPECT TO A BUSINESS OR TROUBLE OF ANY KIND, CONSULTS A LAWYER WITH A VIEW OF OBTAINING PROFESSIONAL
ADVICE OR ASSISTANCE
It is not essential that the client should have employed the attorney on any previous occasion or 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, for as long as the advice and assistance of the attorney is sought and received, in matters pertinent to his profession.
Respondent’s immediate objective was to secure the title of the property that complainant had earlier bought from his son. Clearly, there
was no attorney-client relationship between respondent and complainant. The preparation and the proposed filing of the petition was
only incidental to their personal transaction.
A CLIENT REPOSES ON HIS ATTORNEY SPECIAL POWERS OF TRUST AND CONFIDECNCE TO SERVE THIS PURPOSE IS THE
ATTORNEY-CLIENT PRIVILEGE
In engaging the services of an attorney, the client reposes on him special powers of trust and confidence. Their relationship is strictly
personal and highly confidential and fiduciary. The relation is of such delicate, exacting and confidential nature that is required by
necessity and public interest. Only by such confidentiality and protection will a person be encouraged to repose his confidence in an
attorney. The hypothesis is that abstinence from seeking legal advice in a good cause is an evil which is fatal to the administration of justice.
10
CASE
DOCTRINE
Thus, the preservation and protection of that relation will encourage a client to entrust his legal problems to an attorney, which is of
paramount importance to the administration of justice. One rule adopted to serve this purpose is the attorney-client privilege: an
attorney is to keep inviolate his client's secrets or confidence and not to abuse them. Thus, the duty of a lawyer to preserve his
client’s secrets and confidence outlasts the termination of the attorney-client relationship, and continues even after the client’s
death.
CONFIDENTIAL COMMUNICATION DEFINED
Information transmitted by voluntary act of disclosure between attorney and client in confidence and by means which, so far as the client
is aware, discloses the information to no third person other than one reasonably necessary for the transmission of the information or the
accomplishment of the purpose for which it was given.
Factors essential to establish the existence of the privilege, viz:
(1) Where legal advice of any kind is sought
(2) from a professional legal adviser in his capacity as such
(3) the communications relating to that purpose
(4) made in confidence
(5) by the client
(6) are at his instance permanently protected
(7) from disclosure by himself or by the legal advisor
(8) except the protection be waived.
FACTORS ESSENTIAL TO ESTABLISH EXISTENCE OF ATTORNEY-CLIENT PRIVILEGE:
(1) There exists an attorney-client relationship, or a prospective attorney-client relationship, and it is by reason of this
relationship that the client made the communication.
 The Court ruled that this indicates that client delivered the list of his creditors to counsel not because of the professional relation
then existing between them, but on account of the lease agreement. We then held that a violation of the confidence that
accompanied the delivery of that list would partake more of a private and civil wrong than of a breach of the fidelity owing from a
lawyer to his client.
 Matters disclosed by a prospective client to a lawyer are protected by the rule on privileged communication even if the prospective
client does not thereafter retain the lawyer or the latter declines the employment. On the other hand, a communication from a
(prospective) client to a lawyer for some purpose other than on account of the (prospective) attorney-client relation is not
privileged.
(2) The client made the communication in confidence.
 The mere relation of attorney and client does not raise a presumption of confidentiality. The client must intend the communication
to be confidential.
 A confidential communication refers to information transmitted by voluntary act of disclosure between attorney and client in
confidence and by means which, so far as the client is aware, discloses the information to no third person other than one
reasonably necessary for the transmission of the information or the accomplishment of the purpose for which it was given.
(3) The legal advice must be sought from the attorney in his professional capacity.
11
CASE
ALCALA VS
DEVERA
DOCTRINE
The communication made by a client to his attorney must not be intended for mere information, but for the purpose of seeking
legal advice from his attorney as to his rights or obligations. The communication must have been transmitted by a client to his
attorney for the purpose of seeking legal advice.
Complainant failed to attend the hearings at the IBP. Without any testimony from the complainant as to the specific confidential
information allegedly divulged by respondent without her consent, it is difficult, if not impossible to determine if there was any violation
of the rule on privileged communication. Such confidential information is a crucial link in establishing a breach of the rule on privileged
communication between attorney and client. It is not enough to merely assert the attorney-client privilege. The burden
of proving that the privilege applies is placed upon the party asserting the privilege.
DISBARMENT IS NOT INTENDED AS PUNISHMENT BUT IS INTENDED TO PROTECT ADMINISTRATION OF JUSTICE
The disbarment of an attorney is not intended as a punishment, but is rather intended to protect the administration of justice by requiring
that those who exercise this important function shall be competent, honorable, and reliable: men in whom courts and clients may repose
confidence. This purpose should be borne in mind in the exercise of disbarment, and the power should be exercised with that caution
which the serious consequences of the action involves.
APPLI: The reaction of complainant Jose Alcala when the writ of execution in said civil case was served upon him and his wife by a sheriff
was such that it betrayed a total unawareness of the adverse decision.
The relationship of lawyer-client being one of confidence, there is ever present the need for the client’s 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. It is only thus that their faith in
counsel may remain unimpaired. As it happened in this case, because of respondent’s failure to notify petitioners of the decision in Civil
Case No. 2478, the latter were entirely caught by surprise, resulting in shock and mental and emotional disturbance to them, when the
sheriff suddenly showed up in their home with a writ of execution of a judgment that they never knew had been rendered in the case, since
their lawyer, the respondent, had totally failed to inform them about the same. . . .”
LIM VS
VILLAROSA
While there is no finding of malice, deceit, or deliberate intent to cause damage to his clients, there is, nonetheless, proof of negligence,
inattention, and carelessness on the part of respondent in his failure to give timely notice of the decision in question. Fortunately for
respondent, his negligence did not result in any material or pecuniary damage to the herein complainants and for this reason the Court is
not disposed to impose upon him what may be considered in a lawyer’s career as the extreme penalty of disbarment.
THE RULE ON CONFLICT OF INTERESTS COVERS NOT ONLY CASES IN WHICH CONFIDENTIAL COMMUNICATIONS HAVE BEEN
CONFIDED BUT ALSO THOSE IN WHICH NO CONFIDENCE HAS BEEN BESTOWED OR WILL BE USED
Canon 15 of the Code of Professional Responsibility (CPR) highlights the need for candor, fairness and loyalty in all the dealings of lawyers
with their clients. It is only upon strict compliance with the condition of full disclosure of facts that a lawyer may appear against his
client; otherwise, his representation of conflicting interests is reprehensible. The rule on conflict of interests covers not only cases in
which confidential communications have been confided but also those in which no confidence has been bestowed or will be used.
The representation by a lawyer of conflicting interests, in the absence of the written consent of all parties concerned after a full disclosure
of the facts, constitutes professional misconduct which subjects the lawyer to disciplinary action. Even respondent’s alleged effort to settle
the existing controversy among the family members was improper because the written consent of all concerned was still required. A
lawyer who acts as such in settling a dispute cannot represent any of the parties to it.
12
CASE
PORMENTO VS
PONTEVEDRA
DOCTRINE
THE RULE PROHIBITS A LAWYER FROM REPRESENTING NEW CLIENTS WHOSE INTERESTS OPPOSE THOSE OF A FORMER CLIENT
IN ANY MANNER, WHETHER OR NOT THEY ARE PARTIES IN THE SAME ACTION OR IN TOTALLY UNRELATED CASES
The representation by a lawyer of conflicting interests, in the absence of the written consent of all parties concerned after a full disclosure
of the facts, constitutes professional misconduct which subjects the lawyer to disciplinary action. Even respondent’s alleged effort to settle
the existing controversy among the family members was improper because the written consent of all concerned was still required. A
lawyer who acts as such in settling a dispute cannot represent any of the parties to it.
Jurisprudence instructs that there is a representation of conflicting interests if:
 the acceptance of the new retainer will require the attorney to do anything which will injuriously affect his first client in any matter
in which he represents him and also whether he will be called upon in his new relation, to use against his first client any knowledge
acquired through their connection.
 whether the acceptance of a new relation will prevent an attorney from the full discharge of his duty of undivided fidelity and
loyalty to his client or invite suspicion of unfaithfulness or double dealing in the performance thereof.
A LAWYER IS FORBIDDEN FROM REPRESENTING A SUBSEQUENT CLIENT AGAINST A FROMER CLIENT 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 no conflict of interests. Where, however, the subject matter of
the present suit between the lawyer’s new client and his former client is in some way connected with that of the former client’s action, the
lawyer may have to contend for his new client that which he previously opposed as counsel for the former client or to use against the latter
information confided to him as his counsel.
THE PROSCRIPTION OF CONFLICTING INTERESTS FINDS APPLICATION WHERE THE CONFLICTING INTERESTS ARISE WITH
RESEPCT TO THE SAME GENERAL MATTER AND IS APPLICABLT HOWEVER SLIGHT SUCH ADVERES INTEREST MAY BE
In essence, what a lawyer owes his former client is to maintain inviolate the client’s confidence or to refrain from doing anything which
will injuriously affect him in any matter in which he previously represented him. The rule is settled that the prohibition against
representation of conflicting interests applies although the attorney’s intentions and motives were honest and he acted in good faith.
Moreover, the fact that the conflict of interests is remote or merely probable does not make the prohibition inoperative.
*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
GARCIA VS
MANUEL
A LAWYER WHO OBTAINS POSSESSION OF THE FUNDS AND PROPERTIES OF HIS CLIENT IN THE COURSE OF HIS PROFESSIONAL
EMPLOYEMENT SHALL DELIVER THE SAME TO HIS CLIENT:
(a) when they become due or
(b) upon demand.
AN ATTORNEY’S LIEN IS NOT AN EXCUSE FOR A LAWYER’S NON-RENDITION OF ACCOUNTING
The Court finds untenable respondent’s claim that since complainant was already in arrears with his fees, it was proper for him to apply
the filing fees to his attorney’s fees. It has been held that an attorney's lien is not an excuse for a lawyer’s non-rendition of accounting. And
13
CASE
DOCTRINE
while a lawyer is allowed to apply so much of the client’s funds as may be necessary to satisfy his lawful fees and disbursements, the lawyer
is however under the obligation to promptly thereafter notify his client. Nothing on record supports respondent’s claim that complainant
was adequately notified as to the application of the P10,000 (for the filing fees) to her arrears.
Canon 16. A lawyer shall hold in trust all moneys and properties of his client that may come into his possession.
Rule 16.01 — A lawyer shall account for all money or property collected or received for or from the client.
In the instant case, respondent received the amount of P10,000 specifically for filing fees in the ejectment case. Thus, he was under the
obligation to render an accounting of the same. The highly fiduciary and confidential relation of attorney and client requires that the lawyer
should promptly account for all the funds received from, or held by him for, the client.
AVITO YU V.
TAJANLANGIT
PALALAN COOP
VS DELA ROSA
They constitute gross misconduct for which he may be suspended, following Section 27, Rule 138 of the Rules of Court, which provides:
Sec. 27. Disbarment or suspension of attorneys by Supreme Court, grounds therefor. — A member of the bar may be disbarred or
suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly
immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required
to take before the admission to practice, or for a willful disobedience appearing as attorney for a party without authority to do so.
THE HIGHLY FIDUCIARY AND CONFIDENTIAL RELATION OF ATTORNEY AND CLIENT REQUIRES THAT THE LAWYER SHOULD
PROMPTLY ACCOUNT FOR ALL THE FUNDS RECEIVED FROM, OR HELD BY HIM FOR, THE CLIENT
The fact that a lawyer has a lien for his attorney’s fees on the money in his hands collected for his client does not relieve him from the
obligation to make a prompt accounting.
The Court concurs with the IBP that while it is true that respondent was not presented a copy of the unpaid telephone bill, the instant
complaint itself constitutes the demand for its payment. Considering that there is no manifestation to the effect that the same has been
paid, respondent should accordingly be required to settle it.
MISCONDUCT DEFINED
An intentional wrongdoing or a deliberate violation of a rule of law or standard of behavior. It is grave where the elements of corruption,
clear intent to violate the law or flagrant disregard of established rule are present. Otherwise, it is only simple. What lies at the core of
Respondent's multiple serious infractions has been his motivation to willfully, voluntarily, and knowingly engage in conflict of interest to
serve his own personal pecuniary interest at all cost.
CONFLICT OF INTEREST – EXISTENCE OF A SUBSTANTIAL RISK THAT A LAWYER’S LOYALTY TO OR REPRESENTATION OF A
CLIENT WOULD BE MATERIALLY AND ADVERSELY AFFECTED BY THE LAWYER’S OWN INTEREST OR LAWYER’S DUTIES TO
ANOTHER CLIENT, A FORMER CLIENT, OR A THIRD PERSON
The rule against conflict of interest is expressed in Canon 15, Rules 15.01 and 15.03 of the CPR. It means the existence of a substantial risk
that a lawyer's loyalty to or representation of a client would be materially and adversely affected by the lawyer's own interest or the
lawyer's duties to another client, a former client, or a third person, during the various stages of the professional relationship. The rule
stipulates that a lawyer cannot act or continue to act for a client when there is a conflict of interest, except as provided in Rule 15.03 itself
-- securing the written consent of all the parties concerned after full disclosure to them of the facts.
The rule against conflict of interest is founded on the bedrock of lawyer-client relationship it is a fiduciary relationship. The lawyer,
therefore, has a duty of loyalty to the client. The duty of confidentiality, the duty of candor, and the duty of commitment to the client's
14
CASE
DOCTRINE
cause are all derivatives of the ultimate duty of loyalty. For example, a conflict may arise when the lawyer has information from one client
that is relevant to another client's or a prospective client's matter. The lawyer owes a duty to one client not to reveal the information but
owes a duty to the other client or prospective client to disclose the information. Because the lawyer cannot fulfill both duties at the same
time he or she is confronted with conflict of interest.
CONFLICTS MAY ALSO ARISE BECAUSE OF THE LAWYER’S OWN FINANCIAL INTERESTS WHICH COULD IMPAIR CLIENT
REPRESENTATION AND LOYALTY
This is reasonably obvious where a lawyer is asked to advise the client in respect of a matter in which the lawyer or a family member has
a material direct or indirect financial interest. The conflict of interest is exacerbated when the lawyer, without full and honest disclosure
to the client of the consequences of appointing him or her as an agent with the power to sell a piece of property, willfully and knowingly
accepts such an appointment. When the lawyer engages in conduct consistent with his or her appointment as an agent, this new
relationship may obscure the line on whether certain information was acquired in the course of the lawyer-client relationship or by reason
of agency, and may jeopardize the client's right to have all information concerning the client's affairs held in strict confidence.
The relationship may in some circumstances permit exploitation of the client by the lawyer as he or she still is, after all, the lawyer from
whom the client seeks advice and guidance.
The IBP - Board of Governors here correctly found that at its most basic element, Respondent's conflict of interest hinges on the fact that
while he may want a quick sale to be able to earn at once, Complainant would want a sale that brings the most profit.
THE PROHIBITION AGAINST CONFLICT OF INTEREST IS FOUNDED ON THE PRINCIPLES OF PUBLIC POLICY AND GOOD TASTE –
THE FIVE RATIONALES OF CONFLICT OF INTEREST:
(1) UNDEVIDED LOYALTY - the law seeks to assure clients that their lawyers will represent them with undivided loyalty. A client
is entitled to be represented by a lawyer whom the client can trust. Instilling such confidence is an objective important in itself.
(2) EFFECTIVENESS OF LEGAL RPERESENTATION - the prohibition against conflicts of interest seeks to enhance the effectiveness
of legal representation. To the extent that a conflict of interest undermines the independence of the lawyer's professional judgment
or inhibits a lawyer from working with appropriate vigor in the client's behalf, the client's expectation of effective representation
could be compromised.
(3) SAFEGUARD CONFIDENTIAL INFORMATION – A client has a legal right to have the lawyer safeguard confidential information
pertaining to it. Preventing the use of confidential information against the interests of the client to benefit the lawyer's personal
interest, in aid of some other client, or to foster an assumed public purpose, is facilitated through conflicts rules that reduce the
opportunity for such abuse.
(4) AVOID CLIENT EXPLOITATION - conflicts rules help ensure that lawyers will not exploit clients, such as by inducing a client to
make a gift or grant in the lawyer's favor.
(5) ADEQUATE PRESENTATIONS TO TRIBUNALS - Finally, some conflict-of-interest rules protect interests of the legal system in
obtaining adequate presentations to tribunals. In the absence of such rules, for example, a lawyer might appear on both sides of
the litigation, complicating the process of taking proof and compromise adversary argumentation.
15
CASE
DOCTRINE
LAWYER AND SOCIETY
UPHOLD THE CONSTITUTION
CANON 1 A lawyer shall uphold the constitution, obey the laws of
the land and promote respect for law and legal processes
MAKE LEGAL SERVICES AVAILABLE
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
TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
STATEMENTS
CANON 3 A lawyer in making known his legal services shall use only
true honest fair dignified and objective information or statement of
facts
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
CANDOR, FAIRNESS, AND COURTESY TOWARD HIS
COLLEAGUES
CANON 8 A lawyer shall conduct himself with candor, fairness and
courtesy toward his professional colleagues and shall avoid harassing
tactics against opposing counsel
NO ASSISTANCE IN UNAUTHORIZED PRACTICE OF LAW
CANON 9 A lawyer shall not directly or indirectly assist in the
unauthorized practice of law
PARTICIPATE IN DEVELOPMENT OF LEGAL SYSTEM
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
KEEP ABREAST OF LEGAL DEVELOPMENTS
CANON 5 A lawyer shall keep abreast of legal developments
participate in continuing legal education programs, support efforts to
achieve high standards in law schools as well as in the practical
training of law students and assist in disseminating information
regarding the law and jurisprudence
LAWYER AND THE LEGAL PROFESSION
UPHOLDING THE INTEGRITY AND DIGNITY OF THE
LEGAL PROFESSION
LAWYER AND THE COURTS
GRAM
CANDOR, FAIRNESS, GOOD FAITH TO THE COURTS
CANON 10 A lawyer owes candor, fairness and good faith to the
Court
1. A lawyer shall not do any falsehood or consent to the doing of any
in the court; or mislead, or allow the Court to be mislead by any
artifice
16
2. A lawyer shall not knowingly misquote or misrepresent contents of
a paper, language or arguments of the opposing counsel, or the text of
a decision, or knowingly cite any provision already rendered
inoperative by repeal or amendment
3. A lawyer shall observe the rules of procedure and shall not misuse
them to defeat the ends of justice
8. A lawyer shall avoid testifying in behalf f his client except:
> On formal matters: such as mailing ,authenticating, or custody of an
instrument and the like
> On substantive matters: in cases where his testimony is essential to
the ends of justice in which even he must, during his testimony, entrust
the trial of the case to another counsel
RESPECT FOR THE COURTS AND JUDICIAL OFFICERS
CANON 11 A lawyer shall observe and maintain respect due to the
courts and to judicial officers and should insist on similar conduct by
others
1. A lawyer shall appear in court properly attired
2. A lawyer shall punctually appear in court hearings
3. A lawyer shall abstain from scandalous, menacing behavior or
language before the court
4. A lawyer shall not attribute to a Judge motives not supported by the
record or have no materiality to the case
RELIANCE ON MERITS OF HIS CAUSE AND AVOIDANCE
OF ANY IMPROPRIETY
CANON 13 A lawyer shall rely upon the merits of his cause and
refrain from any impropriety which tends to influence, or gives the
appearance of influencing the court
1. A lawyer shall not extend extraordinary attention or hospitality to a
judge or to seek opportunity cultivating familiarity with the Judges
2. A lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party
3. A lawyer shall not invite interference from another branch of
government in the normal course of judicial proceedings
ASSISTANCE IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE
CANON 12 A lawyer shall exert every effort and consider it his duty
to assist in the speedy and efficient administration of justice
1. A lawyer shall not appear for trial unless he has adequately prepared
himself on the law and the facts of his case, the evidence he will
adduce and the order of its profference. He should also be ready with
the original documents for comparison with the copies.
2. A lawyer shall not file multiple cases from the same cause
3. A lawyer shall not, after obtaining extentions of time to file
pleadings, memoranda, and briefs, let the period lapse without
submitting explanation for failure to do so
4. A lawyer shall not unduly delay a case, impede execution of
judgment or misuse Court processes
5. A lawyer shall refrain from talking to his witness during break or
recess in the trial, or while the witness is still under examination
6. A lawyer shall not knowingly assist a witness to misrepresent
himself or to impersonate another
7. A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him
LAWYER AND THE CLIENT
SERVICE REGARDLESS OF PERSON’S STATUS
CANON 14 A lawyer shall not refuse his service to the needy
CANDOR, FAIRNESS, AND LOYALTY IN ALL HIS
DEALINGS AND TRANSACTIONS WITH HIS CLIENTS
CANON 15 A lawyer shall observe candor, fairness and loyalty in all
his dealings and transactions with his clients
CLIENT MONEYS AND PROPERTIES
CANON 16 A lawyer shall hold in trust all moneys and properties of
his client that may come into his possession
OWES FIDELITY - TRUST AND CONFIDENCE REPOSED IN
HIM
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
17
The practice of law is not a right but a privilege bestowed by the state
on those who show they posses and continue to possess the
qualifications required by law for the conferment of such privilege. A
lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
It is a settled rule that lawyers must at all times faithfully perform their
duties to society, to the bar, to the courts and to their clients. Among
which is the prompt payment of his financial obligations. Code of
Professional Responsibility provides that a lawyer shall not engage in
unlawful dishonest immoral or deceitful conduct.
In this case X failed to practice the duty of a lawyer to delay no man
for money or malice
A lawyer shall not do any falsehood or consent to the doing of such
in court, not shall he mislead or allow the Court to be mislead.
Moreover, a lawyer shall not engage in unlawful, dishonest, immoral
or deceitful conduct.
In a number of cases, the Supreme Court has held that an attorney will
be removed not only for malpractice and dishonesty in his profession
but also for gross misconduct which shows him to be unfit to be a
member of the bar and unworthy of its privileges.
Notarization is not a meaningless, routinary act, it is invested with
substantive public interest.
It is well-settled that the list of enumeration for which a lawyer may
be disbarred is not exclusive and the power of the courts to exclude
unfit and unworthy members of the profession is inherent.
Jurisprudence provides that one’s own approximation of himself is not
a gauge to his moral character.
It is well-settled that adulterous relations with a married person is a
ground to be permanently disqualified from admission.
Here respondent’s conduct, although not related to his office, has
nevertheless rendered him unfit and unworthy of the privileges of a
lawyers.
Settled is the rule that a law is a profession and not a trade. Solicitation
of cases at law for purposes of gain is considered malpractice.
The Supreme Court has held that the abandonment by an attorney of
his family to cohabit with another married woman constitutes gross
immorality and therefore a sufficient ground for disbarment.
Immoral conduct or immorality is that which is so flagrant, willful or
shameless as to show indifference to the opinion of good and
respectable members of the community.
A lawyers shall at all times uphold the integrity and dignity of the legal
profession and support the activities of the integrated bar
An administrative proceeding continues despite the desistance of a
complaint
A lawyer shall not counsel or abet activities aimed at defiance of the
law or at lessening confidence in the legal system
A lawyer shall not counsel or abet activities aimed at defiance or at
lessening confidence in the legal system
Why different from business?
18
 It is a public service and the emolument is only incidental
and a by-product
 A lawyer is an officer of the court
 The relationship with the client involves the highest degree of
fiduciary
 A lawyer is prohibited to resort to business methods of
advertising and encroachment on their practice
Under the Code of Professional Responsibility, only true, honest, fair,
dignified and objective statements are allowed regarding a lawyer’s
legal service.
Permissible advertising:
1. Use of the ordinary professional cards
2. writing legal articles
3. Publication in reputable law lists but only brief biological and
informative data
4. Free legal services to the indigent even when broadcasted
5. Simple announcement on the opening of the law firm.
Lawyers shall not use or permit the use of any false, fraudulent
misleading, self-laudatory
The most worth and effective advertisement possible, even for a
young lawyer, is the establishment of a well-merited reputation for
professional capacity and fidelity to trust which is not forced but as
a result of character and conduct.
Under the doctrine of laches, equity aids the vigilant and not those
who slumber on their rights
Forum shopping violates the code of professional responsibility which
prohibits undue delay of a case by misusing court processes
Lawyers shall hold in trust all moneys of their clients and properties
that may come into their possession
Rules on Mandatory Continuing Legal Education (MCLE)
Shall complete every 3 years, at least 36 hours of continuing legal
education activities
Parties exempted:
1. The president and the vice president including their secretaries and
undersecretaries
2. The senators and members of the house of representatives
3. Chief Justices and associate jusitces of the Supreme Court,
incumbent and retired justices of the judiciary and incumbent
members of the Judicial Bar Council
4. Chief State Council, Chief State Prosecutor and Assistant
Secretaries of the DOJ
5. Solicitor General and Assistant Solicitor General
6. Government Corporate Councsel
7. Chairman and Members of the Constitutional Commissions
8. Ombudsman
9. Heads of government agencies exercising quasi-judicial functions
10. Incumbent Deans, bar reviewers and professors of law with 10
year teaching experience
11. Chancellor, Vice-chancellor members of the Corp of Professional
Lecturers of the Phil Judicial Academy
12. Governors and Mayors
Jurisprudence provides that a member of the bar who assumes public
office does not shed his professional obligations. Generally, a lawyer
who is in public practice cannot be disciplined as a member of the Bar
for the misconduct in connection with his duties as a government
official. However, if the misconduct is related to a violating of his oath
as a lawyer then he may be discipilined by the Court as a member of
the bar.
The Supreme Court has held that to compel a lawyer to be a member
of the Integrated Bar is not violative of his constitutional freedom to
associate. Integration does not make a lawyer a member of any group
of which he is not already a member. He became a member of the Bar
once he passed the Bar examinations. All that integration actually does
19
is to provide an official national organization for the well-defined but
unorganized and incohesive group of which every lawyer is already a
member.
The integration of the bar is a valid. Exercise of police power. The
practice of law is not a vested right but a privilege. The practice of law
being clothed with public interest, the holder of this privilege must
submit to a degree of control for the common good, to the extent of
the interest he has created.
The non-attendance of X clearly shows his disrespect to judicial
proceedings and thus this shows his lack of interest to preserve the
dignity and honor expected of lawyers and the legal profession.
The representation by a lawyer of conflicting interests, in the absences
of the written consent of all parties concerned after full disclosure of
the facts, constitutes professional misconduct which is a ground for
disciplinary action.
Branch of moral science which treats of the duties which an attorney
owes to the Court, to his client, to the profession, and to the public.
A lawyer in making known his legal services shall only use true,
honest, fair, dignified and objective statements of facts.
The Constitution vests the Supreme Court with plenary power in all
cases regarding admission to and supervision of the practice of law.
The Supreme Court, in order to elevate the quality of legal services,
may require the cost of improving the profession the fashion being
shared by the subjects benefiting therefrom which are the lawyers.
When a party hires a law firm, he hires all the lawyers there in. A
conflict of interest is present when the acceptance of a lawyer of a new
lawyer-client relationship will hinder him from discharging his duties
of undivided fidelity and loyalty to another client or to invite suspicion
of unfaithfulness or double-dealing.
Payment of dues is a necessary consequence of membership in the
IBP, of which no one is exempt. This means that the compulsory
nature of payment of dues subsists for as long as one’s membership in
the IBP remains regardless of the lack of practice of, or the type of
practice, the member is engaged in. There is nothing in the law or rules
which allows exemption from payment of membership dues.
A lawyer-client relationship is established from the very first moment
complainant asked respondent for legal advice regarding the former’s
business. To constitute professional employment, it is not essential
that the client employed the attorney professionally on any previous
occasion.
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