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CHAPTER I. THE LAW AND SOCIETY 10. State the significance of the lawyer’s oath.

10. State the significance of the lawyer’s oath. What in effect, does a lawyer
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS represent to a client when he accepts a professional employment for his
OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. services? (2003)
11. Rule 138 Sec. 20
Heirs of Pedro Alilano vs. Atty. Roberto E. Examen (A. C. No. 10132)
Enriquez Sr. vs. Gimenez (G. R. No. L-12817) Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
Villegas vs. Legaspi
deceitful conduct.
In Re: Guitierrez
Casals vs. Cusi
Far Eastern Shipping Co. vs. CA Ui vs. Bonifacio
Melanio L. Zoreta vs. Atty. Heherson G. Simpliciano
Questions: Ting-Dumali vs. Torres
1. What are the duties of an attorney? (2007) People vs. Tuanda
2. Why is an attorney considered an officer of the court? (2006)
In Re: Al C. Argosino
3. Being a lawyer and/or a member of the bar an exceptional privilege
worth aspiring for although it entails a lot of responsibilities and
obligations (a) to the Court; (b) to fellow lawyers; (c) to the clients; and Questions:
lastly (d) to the public in general. Briefly discuss these obligations and 1. John Doe, former utility man in the Supreme Court and Deo Cruz were
responsibilities. (1985) criminally prosecuted in connection with the bar examination
4. (a) State what Legal Ethics is; its importance; necessity. (b) Explain the irregularities which misled the Supreme Court into admitting Deo Cruz
nature between attorney and client, and how said relation is created and to the bar. John Doe pleaded guilty upon being arraigned and was
governed.
thereafter sentenced accordingly sentenced. Deo Cruz on the other hand,
5. Define Legal Ethics. Enumerate its principal sources. (1978)
6. Lawyer’s oath entered trial and was thereafter acquitted his guilt not having been
7. Atty. X prepared and later acknowledged as Notary Public, a document proved beyond reasonable doubt. Subsequently, disbarment
which stipulated among others that the contracting parties, husband and proceedings were instituted against Cruz on the basis of his participation
wife authorized each other to remarry and fully renounced whatever in the said irregularities.
right of action one may take against the party to marrying. Atty. X What is the effect of his acquittal in the criminal case on the disbarment
strongly represented to the parties that they were free to marry, on the proceedings against him? Discuss. (1976, 1985)
basis of which representation the husband remarried. Can Atty. X be
2. (a) A lawyer was apprehended with 200 cartons of untaxed and
disbarred? (1976)
8. What is considered “the first and foremost duty of a lawyer”? Explain. smuggled “blue seal” cigarettes merely to accommodate a friend.
(1979) Proceedings to disbar him are commenced, and he defends himself with
9. Under the CPR what is the principal obligation of a lawyer towards: (1) the plea that his act of transporting the blue seal untaxed and smuggled
the legal profession and the Integrated Bar? (2) His professional cigarettes had no relation to the practice of law, and that he cannot
colleagues? (3) The development of the legal system? (4) The therefore be disbarred for that reason. Resolve the issue, giving your
administration of justice? (5) His client? (2004)
reasons.
(b) Attorney X, barely 22 years old, and just beginning his practice of
law, to accommodate Attorney Z, an old legal practitioner in whose law
office X was accepted as an associate, and out of respect and gratitude to 7. X is a lawyer and a Notary Public. On April 5, 1960, Y, an officemate and
his benefactor Z, ratified in his capacity as a notary public a document friend presented to him for notarization a duly prepared and typed deed
personally prepared by Z, in which the latter and Y agreed to live of sale of his car. The acknowledgement clause recited that both the
together as husband and wife without the benefit of marriage, and either vendee and the vendor personally appeared before him. X notarized the
or both of them may marry after one year should the opportunity arise. same notwithstanding the fact that the vendee and his witnesses were
May attorney X and Z be disbarred for their respective acts? (1966) not present. Subsequently, the alleged vendee, taking advantage of the
3. A, a practicing attorney, was convicted of falsification of public notarized deed of sale stole the car, registered it in his name and sold the
documents. He served a part of his sentence. He was, however, same to a third person. When Y told X that the car was stolen, X
subsequently granted absolute pardon by the President of The annotated in the Notarial Book the remarks, “Stolen and cancelled.” Can
Philippines. May A be thereafter disbarred?(1968) X be disbarred? (1976)
4. Atty. John Doe is also manager of the real estate department of a 8. Attorney X brought A single and a public school teacher, to the Paradise
company engaged in real estate brokerage. Atty. John Doe facilitated the Motel and had carnal knowledge of her on the promise of marriage.
sale of a real property as being owned by one person, knowing that there Attorney X however, had no intention of marrying A. For this reason, A
is another co-owner. He did this by preparing a deed of self-adjudication filed a complaint for disbarment against X on the ground of gross
for the wife of the deceased, alleging sole heirship, thus was able to immorality and misconduct. Attorney X proved at the hearing that A
secure the corresponding certificate of title to the land in the widow’s voluntarily submitted to him and that the act complained of does not
sole name and subsequently sold and transferred to a buyer. Atty. John constitute a ground for disbarment or suspension under the Rules of
Doe thus was able to consummate the sale, and collected his real estate Court. May he be disbarred? (1978)
broker’s commission and attorney’s fees. The buyer and now owner, 9. What constitutes malpractice? (1979)
together with the widow was then sued by the father of the deceased 10. “What is legal is moral.” (1980)
husband, claiming ownership over half of the subject real estate, these 11. Upon learning from newspaper reports that bar candidate Vic Pugote
act then gave rise to the proceedings for disbarment against Atty. John passed the bar examinations, Miss Adorable immediately lodged a
Doe. He however claimed in his defense, among others, that this complaint with the Supreme Court, praying that Vic Pugote be
transaction was entered into by hi in his capacity as a real estate broker disallowed from taking the oath as a member of the Philippine Bar
and not as a lawyer, wanting to show that this fault on his part, if any, because he was maintaining illicit sexual relations with several women
occurred in his private dealings as a broker and not as a practicing other than his lawfully wedded spouse. However, from unexplained
lawyer, and therefore should not be a ground for disbarment. Decide on reasons, he succeeded to take his oath as a lawyer. Later, when
this case. (1971) confronted with Miss Adorable’s complaint formally, Pugote moved for
5. Lawyer A, while bachelor, cohabited with B, a married woman whose its dismissal on the ground that it is already moot and academic. Should
husband is living with another woman. When A married C, B filed a Miss Adorable’s complaint be dismissed or not? (2004)
complaint for disbarment against him for immorality. Will the complaint 12. Alleging that Atty. Malibu seduced her when she was only 16 years old,
prosper? (1971) which resulted in her pregnancy and the birth of a baby girl, Miss
6. In what ways have the Supreme Court and the Integrated Bar of the Magayon filed a complaint for his disbarment seven years after the
Philippines maintained a high moral standard for the legal profession? alleged seduction was committed. Atty. Malibu contended that,
Discuss. (1976) considering the period of delay, the complaint filed against him can no
longer be entertained much less prosecuted because the alleged offense moved to dismiss the disbarment case against him reasoning that his
had already prescribed. Is Atty. Malibu’s contention tenable or not? unpaid debts and collection suit against him are not legally valid grounds
Explain. (2004) to discipline him. Decide? (2001)
13. Atty. Walasunto has been a member of the Philippine Bar for twenty 17. X, a member of the Bar, was charged with and found guilty of estafa for
years but has never plied his profession as a lawyer. His sole means of which he was sentenced to suffer imprisonment and to indemnify the
livelihood is selling and buying real estate. In one of his transactions as a offended party for the amount involved. Not having taken an appeal
real estate broker, he issued a bouncing check. He was criminally from the judgment of conviction, upon finality thereof he was taken into
prosecuted and subsequently convicted for violating B. P. Blg. 22. In the custody to serve sentence. A month after he was incarcerated, he was
disbarment proceedings filed against him, Atty. Walasunto contended granted pardon by the Chief Executive on condition that he would not
that his conviction for violation of B. P. Blg. 22 was not a valid ground for commit another offense during the unserved portion of his prison
disciplinary action against a member of the bar. He further argued that sentence. Soon after X’s release from custody after being pardoned, the
his act in issuing the check was done in relation to his calling as a real offended party in the criminal case filed a complaint for disbarment
estate broker and not in relation to the exercise of the profession of a against X in the Supreme Court. X set up the defense that having been
lawyer. Are the contentions of Atty. Walasunto meritorious or not? pardoned by the Chief Executive for which reason he was released from
14. Atty. N had extramarital affair with O a married woman, as a result of imprisonment, he may not be disbarred from the practice of law
which they begot a child, P. Atty. N admitted paternity of the child P and anymore. Is X’s contention tenable? (1999)
undertook to support him. On the basis of this admission, is Atty. N 18. Ben filed proceedings for disbarment against his lawyer Atty. Co,
subject to disciplinary action by the Supreme Court? (2002) following the latter’s conviction for estafa for misappropriating funds
15. Atty. BB borrowed 30k from EG to be paid in 6 months. Despite belonging to his client (Ben). While the proceedings for disbarment was
reminders from EG, Atty. BB failed to pay the loan on its due date. pending, the President granted absolute pardon in favor of Atty. Co. Atty.
Instead of suing in court, EG lodged with an IBP chapter a complaint for Co, then, moved for the dismissal of the disbarment case. Should the
failure to pay a just debt against Atty. BB. The chapter secretary motion be granted? (1998)
endorsed the matter to the Commission on Bar Discipline (CBD). A
Commissioner of the CBD issued an order directing Atty. BB to answer Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the
the complaint against him but the latter ignored the order. Another law or at lessening confidence in the legal system.
order was issued for the parties to appear before the Commissioner at a
certain date and time but only EG showed up. A third order submitting Re: 2003 Bar Examination B. M. No. 1222
the case for resolution was likewise ignored by Atty. BB. In Re: Lanuevo
(A) May disciplinary action be taken against Atty. BB for his failure to Cosmos Foundry Shop Workers Union vs. Lo Bu (63 SCRA 321)
pay the loan? Why? Kupers v. Hontanosas (A.C. No. 5704. May 8, 2009, 587 SCRA 325)
(B) Was Atty. BB justified in ignoring the orders of the Commission on
the ground that the Commission had no power to discipline him for acts Question:
done in his private capacity? Why? (2002) 1. Atty. Asilo, a lawyer and a notary public, notarized a document already
16. Atty. A is an incorrigible gambler. He borrowed money left and right and prepared by spouses Roger and Luisa when they approached him. It is
was eventually sued for payment of debts. In the Supreme Court, he stated in the document that Roger and Luisa formally agreed to live
separately from each other and either one can have a live in partner with Questions:
full consent of the other. What is the liability of Atty. Asilo, if any? (1998) 1. Atty. Cruz appeared in a case for his client, the plaintiff, who was trying
to collect the sum of P100k as per promissory note, against the
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any defendant. During the trial the defendant offered the sum of P70k as
suit or proceeding or delay any man’s cause. complete settlement of the case, alleging that he had to sell his house to
raise that money. Atty. Cruz, believing that he should protect the interest
Reyes vs. Gaa of his client, who is absent, and concluding that his client could no longer
Castañeda vs. Ago (65 SCRA 505) get anything more from the defendant, accepted the offer of payment
Rayos-Ombac vs. Rayos (285 SCRA 100) and signed the prepared compromised agreement. Did Atty. Cruz act
De Roy vs. CA correctly? (1971)
2. A lawyer was driving home his car from his law office along Recto
Questions: Avenue. He noticed a commotion in front of Maxim Theater. He stopped
1. (a) What does the statement, “I will delay no man for money x x x”, in the and got off his car and he found out that there was a collision between
lawyer’s oath mean? Discuss briefly. cars resulting to damages to both. There was a heated argument going
(b) Atty. A withdraws as counsel for his client B in the course of the trial on between the parties as to who was at fault. So he identified himself as
of the latter’s case because B failed to pay him the stipulated fee of P100 a practicing lawyer, and volunteered to amicable settle the case to the
per day of actual appearance and attendance in court. Is this delaying the satisfaction of both parties and invited them to his law office. Has he
man (client) for money? Is the withdrawal of A as counsel ethical? committed any infraction of professional ethics? Explain. (1979)
(1966) 3. In a pending case before a trial Court for several years, defendant, then a
2. Barratry vs. Ambulance Chasing (1977) minor, was represented by lawyer X who was selected by defendant’s
3. A and B, brothers of full blood, have a serious controversy over a parcel mother. When defendant reached 23 years of age, he secured a lawyer, Y,
of land left by their deceased parents. Attorney X, their first cousin, of his own choice, and together with the plaintiff, who was also assisted
advised them to partition the property equally between them. A, by his own counsel, submitted a compromise agreement to the court for
however, demanded 2/3 of the property to which B was not agreeable. approval, which was not contrary to laws, morals, public order or public
To avert any untoward incident between his cousins, X advised B to go to policy.
court. B went to court as advised. A filed an administrative complaint in Lawyer X submitted to the Court a motion and manifestation asking that
violation of Canon 28 of the Canons of Professional Ethics. Will the action on the compromise agreement be held in abeyance until such time
complaint against Attorney X prosper? Explain. (1978) as evidence is received on the amount of attorney’s fees owing to him.
Is the claim of lawyer X for attorney’s fees a valid ground for holding in
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a abeyance approval of the compromise agreement entered into by a client
controversy if it will admit of a fair settlement. and his adversary? (1980)

De Ysasi III vs. NLRC CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN
Pajares vs. Abad Santos EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
Castañeda vs. Ago (65 SCRA 505) INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE PROFESSION.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE
Ledesma vs. Climaco ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR
STATEMENT OF FACTS.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed. San Jose Homeowners Assn. vs. Romanillos (AC No. 5580, June 18, 2005)
B.R. Sebastian Enterprises Inc. vs. Court of Appeals (206 SCRA 28)
Jasper Junno F. Rodica, Vs. Atty. Manuel "Lolong" M. Lazaro, et al. (A.C. No. Dacanay vs. Baker & Mckenzie
9259) Director of Religious Affairs v. Bayot (A.C. No. L-1117, March 20, 1944)
Beltran v. Abad (A. M. No. 139 March 28, 1983)
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not In re Tagorda (G.R. No. 32329, March 23, 1929)
refuse to render legal advice to the person concerned if only to the extent
necessary to safeguard the latter’s rights. Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or claim
Jasper Junno F. Rodica, Vs. Atty. Manuel "Lolong" M. Lazaro, et al. (A.C. No. regarding his qualifications or legal services.
9259)
Rolando B. Pacana, Jr. Vs. Atty. Maricel Pascual-Lopez (A.C. No. 8243) Khan, Jr. V. Simbillo (A.C. No. 5299, August 19, 2003)
Ulep vs. The Legal Clinic (A.C. No. 553 June 17, 1993)
Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily Director of Religious Affairs v. Bayot (A.C. No. L-1117, March 20, 1944)
Cabarrus, Jr. V. Bernas (A.C. No. 4634 September 24, 1997)
to solicit legal business.
Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name
In Re: Tagorda (G.R. No. 32329, March 23, 1929)
shall be used. The continued use of the name of a deceased partner is
Khan, Jr. V. Simbillo (A.C. No. 5299, August 19, 2003)
permissible provided that the firm indicates in all its communications that said
Director of Religious Affairs vs. Bayot
Ulep vs. The Legal Clinic partner is deceased.*

Questions: Dacanay V. Baker & Mckenzie (G.R. No. L-41862, February 7, 1992)
1. Why is law a profession and not a trade? (2006) Pangan vs. Ramos (93 SCRA 87)
Antonio vs. CA (153 SCRA 592)
2. (a) Discuss briefly but comprehensively the nature of the profession of
law. (b) Attorney S caused the publication of the following
Rule 3.03 - Where a partner accepts public office, he shall withdraw from the
announcement
firm and his name shall be dropped from the firm name unless the law allows
him to practice law concurrently.
Rule 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.
Dia Anonuevo vs. Bercacio (68 SCRA 81)
Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of
the mass media in anticipation of, or in return for, publicity to attract legal Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to
business. convict but to see that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the innocence of the accused is
Ulep vs. The Legal Clinic (A.C. No. 553 June 17, 1993) highly reprehensible and is cause for disciplinary action.
Director of Religious Affairs vs. Bayot
People of the Philippines vs. Madera
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE Enriquez vs. Gimenez
LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM U. S. vs. Barredo (32 PHIL 449)
AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
Rule 6.02 - A lawyer in the government service shall not use his public position
Cordova V. Labayen (A.M. No. Rtj-93-1033, October 10, 1995) to promote or advance his private interests, nor allow the latter to interfere with
Dulalia V. Atty. Cruz (A.C. No, 6854, April 25, 2007) his public duties.

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, Re: Resolution Of The Court Dated 1 June 2004 In G.R. No. 72954 Against Atty.
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT Avecilla (A.C. No. 6683, July 21, 2011)
EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN Gonzales-Austria, et al. vs. Abaya, 176 SCRA 634
THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN Collantes vs. Renomeron
DISSEMINATING INFORMATION REGARDING THE LAW AND JURISPRUDENCE.
Rule 6.03 - A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had
Tamayo vs. Tamayo Jr. (466 SCRA 618)
intervened while in said service.
De Roy V. Court Of Appeals (G.R. No. 80718, January 29, 1988)
Dulalia V. Atty. Cruz (A.C. No, 6854, April 25, 2007)
In Re: Integration of the Bar of the Philippines PNB V. Atty. Cedo (A.C. No. 3701, March 28, 1995)
Zualo vs. CFI of Cebu (CA-G.R. No. 27718-R July 7, 1961)
CHAPTER II. LAWYER AND THE LEGAL PROFESSION
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND
SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS. DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.
Collantes vs. Renomeron
U.S. vs. Barredo, 32 Phil. 449, G.R. No. L-9278 December 7, 1915 St. Louis University High School Faculty and Staff vs. Atty. dela Cruz, AC No. 6010,
Suarez vs. Platon, 69 Phil. 556 Aug. 28,2006
Gonzales-Austria, et al. vs. Abaya, 176 SCRA 634 In re the Matter of the Inquiry into the 1989 Election of the IBP, B.M. No. 491, 178
Enriquez Sr. vs. Hon. Gimenez, 107 Phil. 933 SCRA 398, 06 October 1989
Office of the Court Administrator v. Ladaga (A.M. No. P-99-1287, 26 January 2001, Santos v. Llamas, A.C. No. 4749, 322 SCRA 529, 20 January 2000
350 SCRA 326) Letter of Atty. Cecilio Arevalo, B.M. No. 1370, 458 SCRA 209, 09 May 2005
Velez v. De Vera, A.C. No. 6697, 496 SCRA 345, 25 July 2006 Reyes v. Chiong, A.C. No. 5148, 405 SCRA 212, 01 July 2003
Jardeleza v. Chief Justice Sereno, JBC and ES Ochoa (G.R. No. 213181, 19 August
Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement 2014)
or suppressing a material fact in connection with his application for admission
to the bar. Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper.
Diao vs. Martinez
Salcedo vs. Hernandez
Rule 7.02 - A lawyer shall not support the application for admission to the bar of Montecillo vs. Gica
any person known by him to be unqualified in respect to character, education, or
other relevant attribute. 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
Melendrez vs. Decena lawyer, without fear or favor, to give proper advice and assistance to those
In re: Pelaez seeking relief against unfaithful or neglectful counsel.
Toloza vs. Cargo
Camacho v. Pangulayan, A.C. No. 4807, 328 SCRA 631, 22 March 2000
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 CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE
scandalous manner to the discredit of the legal profession. UNAUTHORIZED PRACTICE OF LAW.

The Flight Shop Inc. vs. Barican Aguirre v. Rana, B.M. No. 1036, 403 SCRA 342, 10 June 2003
Samala vs. Atty. Palaña, AC No. 6395, April 15, 2005 Alawi v. Alauya, A.M. SDC-97-2-P, 268 SCRA 639, 24 February 1997
Zaguirre v. Castillo, A.C. No. 4921, 398 SCRA 659, 06 March 2003 Spouses Suarez v. Salazar, G.R. No. 139281, 315 SCRA 502, 29 September 1999
Tapucar v. Tapucar, A.C. No. 4148, 293 SCRA 331 , 30 July 1998
Guevarra v. Eala, A.C. No. 7136, 517 SCRA 600, 01 August 2007 Rule 9.01 - A lawyer shall not delegate to any unqualified person the
Advincula v. Macabata, A.C. No. 7204, 517 SCRA 604, 07 March 2007 performance of any task which by law may only be performed by a member of
Re: Allegations Made Under Oath At the Senate Blue Ribbon Committee Hearing the Bar in good standing.
Held on September 23, 2014 Against Associate Justice Gregory S. Ong,
Sandiganbayan (A.M. No. SB-14-21-J, 23 September 2014) Heirs of Pedro Alilano vs. Atty. Roberto E. Examen (A. C. No. 10132)
In Re: Elmo S. Abad B. M. No. 139

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services
AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID with persons not licensed to practice law, except:
HARASSING TACTICS AGAINST OPPOSING COUNSEL. 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
Bugaring v. Español, G.R. No. 133090, 349 SCRA 687, 19 January 2001 his estate or to persons specified in the agreement; or
b) Where a lawyer undertakes to complete unfinished legal business of a Adez Realty vs. CA
deceased lawyer; or Banogoon vs. Zerna
c) Where a lawyer or law firm includes non-lawyer employees in a retirement
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse
plan, even if the plan is based in whole or in part, on a profitable sharing
them to defeat the ends of justice.
arrangement.
Canlas vs. CA
Halili v. CIR, G.R. No. L-24864, 136 SCRA 113, 19 November 1985 Macias vs. Uy Kim
Lijauco v. Terrado, A.C. No. 6317, 500 SCRA 301, 31 August 2006 Garcia vs. Francisco
Rudecon Management Corp. and Atty. Tacorda vs. Atty. Camacho
CHAPTER III. THE LAWYER AND THE COURTS Atty. Vaflor-Fabroa vs. Atty. Oscar Paguinto

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE


COURT. CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO
THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR
Rudecon Management Corp. and Atty. Tacorda vs. Atty. Camacho CONDUCT BY OTHERS.
Atty. Vaflor-Fabroa vs. Atty. Oscar Paguinto
Fernandez vs. De Ramos-Villalon Ng vs. Alar
Langen vs. Borkowski Montecillo vs. Gica
Muñoz vs. People Fernandez vs. De Ramos-Villalon
Rivera vs. Corral
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any Fudot vs. Cattleya Land
in Court; nor shall he mislead, or allow the Court to be misled by any artifice. Bondoc vs. Judge Simbulan
Guerrero vs. Villamor
Sevilla vs. Zoleta Catorne vs. ducusin
Monterey vs. Arayata Choa vs. Chiongson
In re: Samaniego Abiera vs. Maceda
In re: Rusina
Chavez vs. Viola Rule 11.01 - A lawyer shall appear in court properly attired.
Martin vs. Moreno Rule 11.02 - A lawyer shall punctually appear at court hearings.
Ragacejo vs. IAC
People vs. Gagul
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the Cantelang vs. Medina
contents of 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 Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing
inoperative by repeal or amendment, or assert as a fact that which has not been language or behavior before the Courts.
proved.
Ng vs. Alar
Insular Life Assurance Co. Employees Association vs. Insular Life Assurance Co. Montecillo vs. Gica
Allied Banking Corp. vs. CA Fudot vs. Cattleya Land
Guerrero vs. Villamor Vda. De Bacaling vs. Hon. Rovira
Surigao Mineral Reservation Board vs. Cloribel
Buenaseda vs. Flavier Rule 12.01 - A lawyer shall not appear for trial unless he has adequately
Sangalang vs. IAC prepared himself on the law and the facts of his case, the evidence he will
Paragas vs. Cruz adduce and the order of its preferences. He should also be ready with the
Zaldivar vs. Gonzales original documents for comparison with the copies.

Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the Villasis vs. CA
record or have no materiality to the case.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Maceda vs. Ombudsman
In Re: Aguas Rudecon Management Corp. and Atty. Tacorda vs. Atty. Camacho
People vs. Carillo Atty. Vaflor-Fabroa vs. Atty. Oscar Paguinto
In Re: Almacen Far Eastern Shipping Co. vs. CA
Choa vs. Chiongson Garcia vs. Francisco
In Re: Lozano Capt. Cabagui vs. CA
In Re: Ponciano B. Jacinto
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper pleadings, memoranda or briefs, let the period lapse without submitting the
authorities only. same or offering an explanation for his failure to do so.

Re: Suspension of Atty. Bagabuyo, Former Senior State Prosecutor People vs. Rosquetta
Maceda vs. Vasquez Achacoso vs. CA
Maglasang vs. People Garcia vs. Francisco
Urbina vs. Maceren Perez vs. Lazatin
People vs. Jardin
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS
DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a
JUSTICE. judgement or misuse Court processes.

People vs. Jardin People vs. Jardin


Berbano v. Barcelona
Sebastian v. Bajar Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or
Hegna v. Paderanga recess in the trial, while the witness is still under examination.
Plus Builders v. Revilla
Fil-Garcia, Inc. v. Hernandez
Rudecon Management Corp. and Atty. Tacorda vs. Atty. Camacho
Atty. Vaflor-Fabroa vs. Atty. Oscar Paguinto Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent
Far Eastern Shipping Co. vs. CA himself or to impersonate another.
Garcia vs. Francisco
US vs Ballena
People vs. Bautista Foodsphere Inc. vs. Atty. Mauricio Jr.
Bumanlag vs. Bumanlag
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him. CHAPTER IV. THE LAWYER AND THE CLIENT
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Blanza and Pasion vs. Atty. Arcangel


Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except: Francisco et al. vs. Atty. Portugal
a) on formal matters, such as the mailing, authentication or custody of an Regala vs. Sandiganbayan
instrument, and the like, or Dee vs. Court of Appeals
b) on substantial matters, in cases where his testimony is essential to the ends of Hilado vs. David
justice, in which event he must, during his testimony, entrust the trial of the case Seva vs. Nolan
to another counsel. Foodsphere v. Mauricio
Suspension of Atty. Bagubayao
PNB vs. Tieng Piao

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND Rule 14.01 - A lawyer shall not decline to represent a person solely on account of
REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES the latter’s race, sex, creed or status of life, or because of his own opinion
THE APPEARANCE OF INFLUENCING THE COURT regarding the guilt of said person.

Re: Suspension of Atty. Bagabuyo, Former Senior State Prosecutor


Foodsphere Inc. vs. Atty. Mauricio Jr.
Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause,
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, an appointment as counsel de oficio or as amicus curiae, or a request from the
nor seek opportunity for cultivating familiarity with Judges. Integrated Bar of the Philippines or any of its chapters for rendition of free legal
aid.
Austria vs. Masaquel
Ledesma vs. Climaco
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 14.03 - A lawyer may not refuse to accept representation of an indigent
client unless:
Re: Suspension of Atty. Bagabuyo, Former Senior State Prosecutor a) he is in no position to carry out the work effectively or competently;
Cruz vs. Salva b) he labors under a conflict of interest between him and the prospective client
Marcelino vs. Alejandro or between a present client and the prospective client;
In re: Gomez
In re: Lozano

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.
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his Justo vs. Galing
professional fees shall observe the same standard of conduct governing his Arangan vs. Rodriguez
relations with paying clients.
Rule 15.04 - A lawyer may, with the written consent of all concerned, act as
Blanza and Pasion vs. Atty. Arcangel mediator, conciliator or arbitrator in settling disputes.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN


ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
Rule 15.05 - A lawyer when advising his client, shall give a candid and honest
Lim-Santiago vs. Atty. Sagucio opinion on the merits and probable results of the client’s case, neither
Gonzales vs. Atty. Cabucana overstating nor understating the prospects of the case.
Justo vs. Galing
Arangan vs. Rodriguez Castañeda vs. Ago
Suarez vs. CA Choa vs. Chiongson
Oparel Sr. vs. Abara Periquet vs. NLRC
Hilado v. David
Nakpil v. Valdes Rule 15.06 - A lawyer shall not state or imply that he is able to influence any
Hornilla v. Salunat public official, tribunal or legislative body.
Northwestern University v. Arquillo Rule 15.07 - A lawyer shall impress upon his client compliance with the laws and
Quiambao v. Bamba principles of fairness.
Heirs of Falame v. Baguio
Pacana v. Pascual-Lopez Conge vs. Deret
Cabilan vs. Ramolete
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 Rule 15.08 - A lawyer who is engaged in another profession or occupation
client or his own interest, and if so, shall forthwith inform the prospective client. concurrently with the practice of law shall make clear to his client whether he is
acting as a lawyer or in another capacity.
Sta. Maria vs. Tuazon
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES
Rule 15.02 - A lawyer shall be bound by the rule on privilege communication in OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.
respect of matters disclosed to him by a prospective client.
Ordonio vs. Eduarte
Baldwin vs. CIR Meneses vs. Macalino
Celaje vs. Soriano
Rule 15.03 - A lawyer shall not represent conflicting interests except by written Atty. Penticostes vs. Prosecutor Ibañez
consent of all concerned given after a full disclosure of the facts. Licuanan v. Melo
Posidio v. Vitan
Lim-Santiago vs. Atty. Sagucio Lemoine v. Balon
Gonzales vs. Atty. Cabucana Re: Atty. Maquera
Hilado vs. David Reddi v. Sersbio
De Chavez-Blanco v. Lumasag Cantiller vs. Potenciano
Wilson Charm v. Patta-Moya
Jerry T. Wong v. Atty. Salvador N. Moya II CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
Rule 16.01 - A lawyer shall account for all money or property collected or
received for or from the client. Somosot vs. Lara
Suarez vs. CA
Celaje vs. Soriano Blaza vs. CA
Atty. Penticostes vs. Prosecutor Ibañez Hernandez v. Go
In Re: Tuazon PANELCO v. Montemayor
Sps. Adecer v. Akut
Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from Belleza v. Macasa
his own and those of others kept by him. Overgaard v. Valdez
Angalan v. Delante
In Re: Bamberger Santon-Tan v. Robino

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due Rule 18.01 - A lawyer shall not undertake a legal service which he knows or
or upon demand. However, he shall have a lien over the funds and may apply so should know that he is not qualified to render. However, he may render such
much thereof as may be necessary to satisfy his lawful fees and disbursements, service if, with the consent of his client, he can obtain as collaborating counsel a
giving notice promptly thereafter to his client. He shall also have a lien to the lawyer who is competent on the matter.
same extent on all judgements and executions he has secured for his client as
provided for in the Rules of Court. Garcia vs. Flores
Robinson vs. Villafuerte
Meneses vs. Macalino
In re: David Rule 18.02 - A lawyer shall not handle any legal matter without adequate
preparation.
Rule 16.04 - A lawyer shall not borrow money from his client unless the client’s
interests are fully protected by the nature of the case or by independent advice. Bautista vs. Rebueno
Neither shall a lawyer lend money to a client except, when in the interest of Javellana vs. Lutero
justice, he has to advance necessary expenses in a legal matter he is handling for Legarda vs. CA
the client.
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his
Bautista vs. Gonzales negligence in connection there with shall render him liable.

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE Suarez vs. CA
SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. Philippine Bank of Commerce vs. Aruego
Adarne vs. Aldaba
Santiago vs. Fojas In re: Filart
Bautista vs. Gonzales
Sps. Aranda vs. Elayda
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and Sesbreno v. CA
shall respond within a reasonable time to client’s request for information. Bautista v. Gonzales
Gamilla v. Marino
Oparel vs. Albaria Pineda v. De Jesus
Alcala vs. De Vera Roxas v. De Zuzuarregui
Law Firm of Tungol and Tibayan v. CA
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN
THE BOUNDS OF THE LAW. Rule 20.01 - A lawyer shall be guided by the following factors in determining his
fees:
Peña vs. Aparicio a) The time spent and the extent of the services rendered or required;
RCBI Bohol vs. Florido b) The novelty and difficulty of the questions involved;
Maglasang vs. People c) The importance of the subject matter;
Briones v. Jimenez d) The skill demanded;
e) The probability of losing other employment as a result of acceptance of the
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the proffered case;
lawful objectives of his client and shall not present, participate in presenting or f) The customary charges for similar services and the schedule of fees of the IBP
threaten to present unfounded criminal charges to obtain an improper chapter to which he belongs;
advantage in any case or proceeding. g) The amount involved in the controversy and the benefits resulting to the
client form the service;
Peña vs. Aparicio h) The contingency or certainty of compensation;
Surigao Mineral Reservation Board vs. Cloribel i) The character of the employment, whether occasional or established; and
Lacsamana vs. dela Peña j) The professional standing of the lawyer.

Rule 19.02 - A lawyer who has received information that his client has, in the Bermejo vs. Sia
course of the representation, perpetrated a fraud upon a person or tribunal, Jones vs. Hortiguela
shall promptly call upon the client to rectify the same, and failing which he shall Oroso Hernaez
terminate the relationship with such client in accordance with the Rules of Fernandez vs. Bello
Court. Ledesma vs. Climaco
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure on
handling the case. Rule 20.02 - A lawyer shall, in cases of referral, with the consent of the client, be
entitled to a division of fees in proportion to work performed and responsibility
Caballero vs. Deiparine assumed.
Cosmos Foundry Shop Worker’s Union vs. Lo Bu Amalgamated Laborer’s Association vs. CIR

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES. Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the
client, accept any fee, reward, costs, commission, interest, rebate or forwarding
Dalisay vs. Mauricio allowance or other compensation whatsoever related to his professional
Cueto vs. Jimenez Jr. employment from anyone other than the client.
Albano vs. Coloma
Metropolitan Bank and Trust Company vs. CA Diaz vs. Capunan
Recto vs. Harden Mercado vs. De Vera

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his Rule 21.03 - A lawyer shall not, without the written consent of his client, give
compensation and shall resort to judicial action only to prevent imposition, information from his files to an outside agency seeking such information for
injustice of fraud. auditing, statistical, bookkeeping, accounting, data processing, or any similar
purpose.
Cueto vs. Jimenez Jr.
Lacson vs. Reyes People vs. Syjuco
Retuya vs. Gorduiz
Caballero vs. Deiparine Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners
or associates thereof unless prohibited by the client.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF
HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED

Salonga vs. Hildawa Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent
Palm vs. Atty. Iledan Jr. those whose services are utilized by him, from disclosing or using confidences or
Mercado vs. De Vera secrets of the client.
Rosacia vs. Bulalacao
Regala v. Sandiganbayan
Pfleider v. Palanca
Mercado v. Vitriolo Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client’s affairs
Genato v. Silapan even with members of his family.
Hadjula v. Madianda
Rebecca J. Palm v. Atty. Felipe Iledan, Jr.

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client Rule 21.07 - A lawyer shall not reveal that he has been consulted about a
except: particular case except to avoid possible conflict of interest.
a) When authorized by the client after acquianting him of the consequences of
the disclosure; Palm vs. Atty. Iledan Jr.
b) When required by law;
c) When necessary to collect his fees or to defend himself, his employees or CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD
associates or by judicial action. CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRTUMSTANCES.

Orcino vs. Gaspar


Cenizia vs. Rubia
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information Cabildo vs. Navarro
acquired in the course of employment, nor shall he use the same to his own Palanca vs. Pecson
advantage or that of a third person, unless the client with full knowledge of the Wack Wack Gold and Country Club v. CA
circumstances consents thereto. Venterez v. Cosme
Santero v. Vance
Francisco v. Portugal
Metrobank v. CA
Doronila-Tioseco v. CA
Sesbreno v. CA

Rule 22.01 - A lawyer may withdraw his services in any of the following cases:
a) When the client pursues an illegal or immoral course of conduct in connection
with the matter he is handling;
b) When the client insists that the lawyer pursue conduct violative of these
canons and rules;
c) When his inability to work with co-counsel will not promote the best interest
of the client;
d) When the mental or physical condition of the lawyer renders it difficult for
him to carry out the employment effectively;
e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;
f) When the lawyer is elected or appointed to public office; and
g) Other similar cases.

Orcino vs. Gaspar


Mercado vs. Ubay
Auino vs. Blanco
Dalisay vs. Goyo
Visitacion vs. Manit

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer


lien, immediately turn over all papers and property to which the client is
entitled, and shall cooperate with his successor in the orderly transfer of the
matter, including all information necessary for the proper handling of the
matter.

Metropolitan Bank and Trust Company vs. CA


Sarmiento vs. Montagne
Ampil vs. Agrava
Candelario vs. Cañizares

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