Sec. 5 (5) of Art.

8 of the 1987 Constitution provides that:

 The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts,
the admission to the practice of law, the integrated bar, and legal
assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
Practice of Law
- Bar Matter 1922

- The Court further Resolved, upon the

recommendation of the Committee on Legal
Education and Bar Matters, to REQUIRE practicing
members of the bar to INDICATE in all pleadings filed
before the courts or quasi-judicial bodies, the number
and date of issue of their MCLE Certificate of
Compliance or Certificate of Exemption, as may be
applicable, for the immediately preceding compliance
period. Failure to disclose the required information
would cause the dismissal of the case and the
expunction of the pleadings from the records.
OCA CIRCULAR NO. 79-2014 amended BM 1922

(a) AMEND the June 3, 2008 resolution by repealing the phrase

“Failure to disclose the required information would cause the
dismissal of the case and the expunction of the pleadings from the
records” and replacing it with “Failure to disclose the required
information would subject the counsel to appropriate penalty and
disciplinary action”; and
(b) PRESCRIBE the following rules for non-disclosure of current
MCLE compliance/exemption number in the pleadings:
(i) The lawyer shall be imposed a fine of P2,000.00 for the first
offense, P3,000.00 for the second offense and P4,000.00 for the
third offense;
(ii) In addition to the fine, counsel may be listed as a delinquent
member of the Bar pursuant to Section 2, Rule 13 of Bar Matter No.
850 and its implementing rules and regulations; and
(iii) The non-compliant lawyer shall be discharged from the case and
the client/s shall be allowed to secure the services of a new counsel
with the concomitant right to demand the return of fees already
paid to the non-compliant lawyer.
Sec. 5 of Rule 138 has been amended by A.M. No. 19-03-24-SC (
RULE 138-A LAW STUDENT PRACTICE)

Santos v. Llmas - Complaint for misrepresentation and non-

payment of bar membership dues. It appears that Atty. Llamas, who
for a number of years now, has not indicated the proper PTR and
IBP OR Nos. and data in his pleadings. If at all, he only indicated “IBP
Rizal 259060” but he has been using this for at least 3 years already.
On the other hand, respondent, who is now of age, averred that he
is only engaged in a “limited” practice of law and under RA 7432, as
a senior citizen, he is exempted from payment of income taxes and
included in this exemption is the payment of membership dues.
- GUILTY. Rule 139-A requires that every member of the
Integrated Bar shall pay annual dues and default thereof
for six months shall warrant suspension of membership
and if nonpayment covers a period of 1-year, default shall
be a ground for removal of the delinquent’s name from
the Roll of Attorneys. It does not matter whether or not
respondent is only engaged in “limited” practice of law.
Moreover, the exemption invoked by respondent does not
include exemption from payment of membership or
association dues. 
In re: Cunanan
- The country was on reconstruction and the passing
percentage for the bar was very low. The Congress
passed a resolution ordering the Supreme Court that
the percent for passing should be lowered.
- WON can Congress legitimacy decrease the passing
percentage?
- No, that is unconstitutional. Lowering the passing
percentage can only be exercise by the Supreme
Court.
In re: Garcia
- Arturo E. Garcia,has applied for admission to the practice
of law in the phils. without submitting to the required bar
examinations. In his verified petition, he avers among
others that he is a filipino citizen born in bacolod city of
filipino parentage. He finished Bachillerato Superior in
spain. He was allowed to practice law profession in spain
under the provision of the treaty on academic degrees and
the exercise of profession between the republic of the
phils.
- Whether treaty can modify regulations governing
admission to the phil. bar.
- The court resolved to deny the petition. The provision of
the treaty on academic degrees between the republic of
the phils. and spanish state cannot be invoked by the
applicant. said treaty was intende to govern filipino
citizens desiring to practice their profession in spain. The
treaty could not have been intended to modify the laws
and regulations governing admission to the practice of law
in the phils., for the reason the executive may not
encroach upon the constitutional prerogative of the
supreme court to promulgate rules for admission to the
practice of the law in the phils. The power to repeal, alter
or supplement such rules being reserved only to the
congress of the phils.
In re: Garcia – highlights the power of the SC when it comes to the PoL.
Only SC can say who gets in or gets out.

Cayetano v. Monsod
- The Supreme Court ruled that Atty. Monsod
possessed the required qualification. In the case of
Philippine Lawyers Association vs. Agrava: The
practice of law is not limited to the conduct of cases
or litigation in court. In general, all advice to clients,
and all action taken for them in matters connected
with the law incorporation services, assessment and
condemnation services, contemplating an appearance
before judicial body, the foreclosure of mortgage,
enforcement of a creditor’s claim in bankruptcy and
insolvency proceedings, and conducting proceedings
in attachment, and in matters of estate and
guardianship have been held to constitute law
practice.
Practice of law means any activity, in or out court, which requires
the application of law, legal procedure, knowledge, training and
experience. “To engage in the practice of law is to perform those
acts which are characteristics of the profession. In general, a
practice of law requires a lawyer and client relationship, it is
whether in or out of court. As such, the petition is dismissed.

Four way test/criteria:

1. Habituality;
2. Application;
3. Compensation; and
4. Existence of an attorney-client relationship.

Government lawyers are also in the practice of law! Practice of law

is not limited to advising clients.
Requirements to the Practice of Law:
- Rule 138, Sec. 2 provides that :

Every applicant for admission as a member of the bar must be a citizen of the
Philippines, at least twenty-one years of age, of good moral character, and
resident of the Philippines; and must produce before the Supreme Court
satisfactory evidence of good moral character, and that no charges against
him, involving moral turpitude, have been filed or are pending in any court in
the Philippines.
Requirements to be a lawyer:

1. Citizenship
- Must be a Filipino citizen. Why?
 Because POL is limited only to Filipinos. When you take the
lawyer’s oath to swear allegiance to the Republic of the
Philippines, no foreigner will swear allegiance to the RP.

There are two (2) generally recognized forms of acquiring Philippine citizenship:

1. Filipino by birth

Jus soli (right of soil) which is the legal principle that a person’s nationality at
birth is determined by the place of birth (e.g. the territory of a given state)

Jus sanguinis (right of blood) which is the legal principle that, at birth, an
individual acquires the nationality of his/her natural parent/s. The Philippine
adheres to this principle.

1. Filipino by naturalization which is the judicial act of adopting a

foreigner and clothing him with the privileges of a native-born
citizen. It implies the renunciation of a former nationality and
the fact of entrance into a similar relation towards a new body
politic.
Reasons why Citizenship is a requirement for the POL:

Rule 138, Sec 2

Lawyer’s Oath
Art 12, sec 14 of the Constitution
- The practice of all professions in the Philippines shall
be limited to Filipino citizens, save in cases prescribed
by law.
RA 9225
- Natural-born citizenship by reason of their
naturalization as citizens of a foreign country are
hereby deemed to have re-acquired Philippine
citizenship upon taking the following oath of
allegiance to the Republic.

Naturalized Citizen of China – x

Naturalized Filipino – Yes!
Natural born – Yes!

Naturalized – Dual citizens; they need to perfect their citizenship.

In re: Muneses
- The Court reiterates that Filipino citizenship is a requirement for
admission to the bar and is, in fact, a continuing requirement for
the practice of law. The loss thereof means termination of the
petitioner’s membership in the bar;ipso jure the privilege to
engage in the practice of law. Under R.A. No. 9225, natural-born
citizens who have lost their Philippine citizenship by reason of
their naturalization as citizens of a foreign country are deemed
to have re-acquired their Philippine citizenship upon taking the
oath of allegiance to the Republic. Thus, a Filipino lawyer who
becomes a citizen of another country and later re-acquires his
Philippine citizenship under R.A. No. 9225, remains to be a
member of the Philippine Bar. However, as stated in Dacanay,
the right to resume the practice of law is not automatic. R.A. No.
9225 provides that a person who intends to practice his
profession in the Philippines must apply with the proper
authority for a license or permit to engage in such practice.
Thus, in pursuance to the qualifications laid down by the Court for the practice
of law, the OBC required the herein petitioner to submit the original or certified
true copies of the following documents in relation to his petition:

1. Petition for Re-Acquisition of Philippine Citizenship;

2. Order (for Re-Acquisition of Philippine citizenship);
3. Oath of Allegiance to the Republic of the Philippines;
4. Identification Certificate (IC) issued by the Bureau of
Immigration;
5. Certificate of Good Standing issued by the IBP;
6. Certification from the IBP indicating updated payments of
annual membership dues;
7. Proof of payment of professional tax; and
8. Certificate of compliance issued by the MCLE Office.
2. 21 years of age
- Because he is expected to have completed first his
pre-law and law course. (educational attainment)

3. Good moral character

- Because legal practice is a privilege that is given to
somebody who has superior academic education and
of good moral character.

4. A resident of the Ph
5. No charges against him involving moral turpitude,
have been filed or are pending
- Moral turpitude – includes everything which is done
contrary to justice, honesty, modesty or good morals.
Violates the 10 commandments
- Ex. Crossing the pedestrian while its red – x
6. Must produce before the SC satisfactory evidence of
god moral character.
7. Academic
- Sec 5 and 6 of Rule 138 has been amended by BM
1153
"B.M. No. 1153 (Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the
Bar Examinations Through Amendments to Rule 138 of the Rules of Court). - The
Court Resolved to APPROVE the proposed amendments to Sections 5 and 6 of
Rule 138, to wit:

SEC. 5.Additional Requirement for Other Applicants. — All applicants for

admission other than those referred to in the two preceding sections shall,
before being admitted to the examination, satisfactorily show that they have
successfully completed all the prescribed courses for the degree of Bachelor of
Laws or its equivalent degree, in a law school or university officially recognized
by the Philippine Government or by the proper authority in the foreign
jurisdiction where the degree has been granted.

No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall
be admitted to the bar examination unless he or she has satisfactorily
completed the following course in a law school or university duly recognized by
the government: civil law, commercial law, remedial law, criminal law, public
and private international law, political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.
A Filipino citizen who graduated from a foreign law school shall be admitted to
the bar examination only upon submission to the Supreme Court of
certifications showing: (a) completion of all courses leading to the degree of
Bachelor of Laws or its equivalent degree; (b) recognition or accreditation of the
law school by the proper authority; and (c) completion of all the fourth year
subjects in the Bachelor of Laws academic program in a law school duly
recognized by the Philippine Government.

SEC. 6.Pre-Law. — An applicant for admission to the bar examination shall

present a certificate issued by the proper government agency that, before
commencing the study of law, he or she had pursued and satisfactorily
completed in an authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course, the course
of study prescribed therein for a bachelor's degree in arts or sciences.

A Filipino citizen who completed and obtained his or her Bachelor of Laws
degree or its equivalent in a foreign law school must present proof of having
completed a separate bachelor's degree course.
Additional requirements to be a lawyer:

1. Pass the Bar;

2. Take the Lawyer’s Oath before the SC;
and
3. Sign in the Roll of Attorney’s
Caronan v Caronan

Assumingly, Richard perfected Sec 2 of Rule 138. But Alvin

claimed that he did not obtained any high
school/secondary education.
- Richard can still be disbarred according to Sec
6 of Rule 138. (pre-law)

Non-lawyers Authorized to appear:

1.Sec 1 of Rule 138

- Any person heretofore duly admitted as a member of
the bar, or hereafter admitted as such in accordance
with the provisions of this rule, and who is in good
and regular standing, is entitled to practice law.

Must be admitted to the POL.

Must maintain good standing.
Ex. A before he died, executed a will stating that his
properties will be administered to a next of kin.

X, a senior law-student; and

Y, a lawyer that has been disbarred by the Supreme Court.

Who between the two is qualified as administrator of A’s

properties?
- Neither of the two can be administrator of A’s
properties because they did not comply with
Sec. 1 of Rule 138

Sec 3 and 4 – foreigners who can POL

Dual-Citizenship Law – a Filipino and at the same time, a
foreigner.
 2. Sec 33 of Rule 138
- Any official or other person appointed or designated
in accordance with law to appear for the Government
of the Philippines shall have all the rights of a duly
authorized member of the bar to appear in any case in
which said government has an interest direct or
indirect.
- Proactive lawyer - a lawyer for the exclusive purpose
only

Ex. A, a driver, can POL but must be designated or

appointed by the Government.

Sen. Albert del Rosario – a diplomat, DFA

- He was designated by the Gov’t to appear as a
counsel in Geneva involving the West PH sea.
 3. Sec. 34 of Rule 138
In the court of a justice of the peace a party may conduct his litigation in
person, with the aid of an agent or friend appointed by him for the
purpose, or with the aid an attorney. In any other court, a party may
conduct his litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly authorized member of
the bar.

First Level Courts: Justice of the Peace

- Municipal Trial Court
- Metropolitan Trial Court – highly urbanized cities
- Municipal Trial Court
- Municipal Circuit Trial Court

Second Level: Regional Trial Court

Collegiate Courts: CA, CTA, Sandiganbayan

First Level Court Secondary Court

Own agent; or Attorney; or
With the aid of an attorney; or In person/self.
In person/self.
 4. Art 222 of Labor Code
Under the Labor code, non-lawyers may appear before the NLRC or any Labor
Arbiter, if
1.they represent themselves, or if
2.they  represent their organization or members thereof.

5. ACT 2259
Under the Cadastral Act, a non-lawyer can represent a claimant before the
Cadastral Court.

6. Sec. 425 of Local Gov’t Code

In all katarungang pambarangay proceedings, the parties must appear in person
without the assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not lawyers.

7. Sec. 17 of Rule of Procedure for Small Claims Cases

No attorney shall appear in behalf of or represent a party at the hearing, unless

the attorney is the plaintiff or defendant.

If the court determines that a party cannot properly present his/her claim or
defense and needs assistance, the court may, in its discretion, allow another
individual who is not an attorney to assist that party upon the latter's consent.
 8. Sec. 22 of RA 9285
In international arbitration conducted in the Philippines, a party may be
presented by any person of his choice. Provided, that such representative,
unless admitted to the practice of law in the Philippines, shall not be authorized
to appear as counsel in any Philippine court, or any other quasi-judicial body
whether or not such appearance is in relation to the arbitration in which he
appears.

Ex. X, an Indonesian company, and Y, a Singaporean company.

A stipulation in the contract that should a dispute arise, it be solve
in the Philippines.

May a foreigner represent a party in the international arbitration?

- Sec 22 of RA 9285 provides if there will be an
emergency.

SEC. 33. Applicability to Domestic Arbitration. - Article 8, 10, 11,

12, 13, 14, 18 and 19 and 29 to 32 of the Model Law and Section 22
to 31 of the preceding Chapter 4 shall apply to domestic arbitration.

No, the basis is found in Sec. 33 of RA 9285. Sec 22 only applies in

domestic arbitration.
Law Student Practice Rule
- Rule 138-A

Ex. A, a first year law student.

Eligibility Requirements of Law Student Practitioners. - No law

student shall be permitted to engage in any ofthe activities under
the Clinical Legal Education Program of a law school unless the law
student has applied for and secured the following certifications:

(a) Level 1 certification, for law students who have successfully

completed their first-year law courses; and/ or

(b) Level 2 certification, for law students currently enrolled for the
second semester of their third-year law courses: Provided however,
where a student fails to complete all their third-year law courses,
the Level 2 certification shall be deemed automatically revoked.
Prohibitions
1.Sec 35 of Rule 138
- No judge or other official or employee of the superior courts or of
the Office of the Solicitor General, shall engage in private practice
as a member of the bar or give professional advice to clients.
- Reason: It will be a conflict of interest as a function of a judge and
a lawyer.
- Solicitor General – why? They are prohibited from engaging in the
private practice of law. They are intended to protect the
government.
2.Sec. 13 of Art. 7 of the 1987 Constitution
- The President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this
Constitution, hold any other office or employment during their tenure.
They shall not, during said tenure, directly or indirectly, practice any
other profession, participate in any business, or be financially interested
in any contract with, or in any franchise, or special privilege granted by
the Government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.

- Reason: It is the intent of the framers of the Constitution for them to

devote their time in all issues of governance. They are all lawyers but
what is prohibited, is the private POL.
3.Sec. 90 of RA 7160
All governors, city and municipal mayors are prohibited from practicing
their profession or engaging in any occupation other than the exercise of
their functions as local chief executives.

4.Gov’t lawyers are prohibited unless he secures the permission and

must be equip.

Ex. A, lawyer in Landbank, received a complaint from her mother. A’s

mother is being sued. Can A give advice to her mother?
- Yes, provided he is equip with special authority to engage
in the private POL.

Authority for limited private practice of law:

1. It will not impair his services; and
2. No government money will be use.

5. Disbarred lawyers;
6. Suspended lawyers;
7. Foreigner lawyers; and
8. Dead Lawyers.
Relative Prohibition
1.Senators and Members of the House of Representatives; and
2. Members of the Sanggunian

Ex. A, the Vice-Mayor of Town Z, knowing that X is engaged in the

private practice of law, even if he is a member of the Sanggunian. A
wanted him to be represented by X. A is charged with acts of
lasciviousness. A fondled the breast of his constituent.

Is X disqualified to represent A?
- No, X is not disqualified because the offense
committed is not related to the function of A as a
Vice-Mayor or his office. If the crime committed is
malversation, bribery or corruption of public official/s,
X will be disqualified because it is connected to A’s
relation to his office.
3.Retired Judge/Justice
- they can practice their profession provided he meet the conditions
in RA 910. He must waive his right to pension.
Lawyer’s Oath
- If breached, the lawyer can be held administratively.
- Essentially expanded through the Code of Professional
Responsibility.

Code of Professional Responsibility

- Promulgated by the Supreme Court.
- Has the force and effect of law that must be obeyed.
- Expanded version of the Lawyer’s Oath.
- Nature/basis: Art 8, Sec. 5 (5) of the 1987
Constitution.
Four Duties of Lawyers: (PBCC)
1.Duty to the PUBLIC; (society, Canon 1)
2.Duty to the BAR;( colleagues in the legal profession, Canon 8)
3. Duty to the COURT; and (Canon 11)
4. Duty to the CLIENTS. (Canon 21)

Are they equal?

- No, those duties are not equal. Duty to the clients is last
because you can let it go if it will be contrary to 1,2,3.

Ex. A, a client, approached Atty. B and said that she’s at the point of
breaking down of studying law. Also, that she will stab anyone who will
enter the room. C entered and A killed C by stabbing. Should Atty. B keep
it in secret?
- No because of his duties to the public, the bar and the
court. They will always prevail if there will be a time that
they will be in conflict with duty no. 4.
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT
FOR LAW OF AND LEGAL PROCESSES.

Rule 1.01 - A lawyer shall not engage in unlawful,

dishonest, immoral or deceitful conduct.

Rule 1.02 - A lawyer shall not counsel or abet activities

aimed at defiance of the law or at lessening confidence in
the legal system.

Rule 1.03 - A lawyer shall not, for any corrupt motive or

interest, encourage any suit or proceeding or delay any
man's cause.

Rule 1.04 - A lawyer shall encourage his clients to avoid,

end or settle a controversy if it will admit of a fair
settlement.
Piatt v. Abordo
- Perfecto Abordo, a member of the Philippine Bar,
attempted to engage in an opium deal in direct
contravention of the criminal law of the Philippine Islands.
All that kept the nefarious plan from succeeding was the
treacherous conduct of his co-conspirators. The intention
to flaunt the law was present even if consummation of the
overt act was not accomplished. In the eyes of the canons
of professional ethics which govern the conduct of
attorneys, the act was as reprehensible as if it had been
brought to a successful culmination. "Of all classes and
professions, the lawyer is most sacredly bound to uphold
the laws" .

Opium – a prohibited drug whether for private use or not.

- Purchasing of it violates the law
As a lawyer, you should be an example to many by upholding
your obedience to the law. ( Rule 1.01)

Unlawful - Acts that is contrary or violates an existing law.

- Not limited to felonies, offenses but large enough
to embrace any violation or infractions of the law.

Defense to counter Rule 1.01: Art 2 of the NCC

- Not publish but once published, it takes effect.
(Tanada v. Tuvera)

Honesty - People with integrity; that is doing the right thing

even if no one’s watching.

Immoral - Conduct that offends the morals of the community.

Deceitful
People v. Tuanda
- Conviction of a crime involving moral turpitude relates to
and affects the good moral character of a person convicted
of such offense. Herein, BP 22 violation is a serious
criminal offense which deleteriously affects public
interest and public order. The effects of the issuance of a
worthless check transcends the private interest of parties
directly involved in the transaction and touches the
interest of the community at large. Putting valueless
commercial papers in circulation, multiplied a thousand
fold, can very well pollute the channels of trade and
commerce, injure the banking system and eventually hurt
the welfare of society and the public interest. The crimes
of which respondent was convicted also import deceit and
violation of her attorney's oath and the Code of
Professional Responsibility under both of which she was
bound to "obey the laws of the land."
- Suspended!

Can CA suspend a lawyer for misconduct? Sec 28 of Rule 138.

Disbarment can only be issued by the SC.
Rivera v. Corral
- By altering the material dates to make it appear that the
Notice of Appeal was timely filed, respondent committed
an act of dishonesty. Under pertinent rules, dishonesty
constitutes grave misconduct upon which the Court
imposed a one-year suspension on respondent therein for
inserting in the records of the case a certification of non-
forum shopping and making it appear that the same was
already part of such records at the time the complaint was
filed. It should be stressed that brazenly resorting to such a
legal subterfuge to mislead the court and to cover up for
his failings toward his client is not only a disgraceful
indictment on respondent’s moral fiber and personal
fitness to his calling as a lawyer. It is also an
embarrassment to his brethren in the Bar. Such
misconduct warrants a similar penalty for the Court cannot
tolerate any misconduct that tends to besmirch the fair
name of an honorable profession.
Figueroa v. Barranco
- Respondent was prevented from taking the lawyer's oath
in 1971 because of the charge of gross immorality made by
complainant. To recapitulate, respondent bore an
illegitimate child with his sweetheart, Patricia Figueroa,
who also claims that he did not fulfill his promise to marry
her after he passes the bar examinations.
- We find that these facts do not constitute gross
immorality warranting the permanent exclusion of
respondent from the legal profession. His engaging in
premarital sexual relations with complainant and promises
to marry suggests a doubtful moral character on his part
but the same does not constitute grossly immoral conduct.
- The Court has held that to justify suspension or
disbarment the act complained of must not only be
immoral, but grossly immoral.

"A grossly immoral act is one that is so corrupt and false as to constitute
a criminal act or so unprincipled or disgraceful as to be reprehensible to a
high degree." It is a willful, flagrant, or shameless act which shows a
moral indifference to the opinion of respectable members of the
community.
-

Ui v. Bonifacio
- Respondent's act of immediately distancing herself from Carlos Ui
upon discovering his true civil status belies just that alleged moral
indifference and proves that she had no intention of flaunting the
law and the high moral standard of the legal profession.
- It is the bounden duty of lawyers to adhere unwaveringly to the
highest standards of morality. The legal profession exacts from its
members nothing less. Lawyers are called upon to safeguard the
integrity of the Bar, free from misdeeds and acts constitutive of
malpractice. Their exalted positions as officers of the court demand
no less than the highest degree of morality.
Garrido v. Garrido
- Immoral conduct involves acts that are willful, flagrant, or
shameless, and that show a moral indifference to the
opinion of the upright and respectable members of the
community. Immoral conduct is gross when it is so corrupt
as to constitute a criminal act, or so unprincipled as to be
reprehensible to a high degree, or when committed under
such scandalous or revolting circumstances as to shock the
community’s sense of decency. We make these
distinctions as the supreme penalty of disbarment arising
from conduct requires grossly immoral, not simply
immoral, conduct.

In this case, the undisputed facts gathered from the evidence and the
admissions of Atty. Garrido established a pattern of gross immoral conduct that
warrants his disbarment. His conduct was not only corrupt or unprincipled; it
was reprehensible to the highest degree.

First, Atty. Garrido admitted that he left Constancia to pursue his law studies;
thereafter and during the marriage, he had romantic relationships with other
women. He had the gall to represent to this Court that the study of law was his
reason for leaving his wife; marriage and the study of law are not mutually
exclusive.

Rule 1.02

Nestle v Honorable Sanchez

Rule 1.03

Palencia v. Atty. Linsangan

Barrantry
- Encourage any suit

Rule 1.04
Municipality of Pulilan v. Murabe
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.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the
cause of the defenseless or the oppressed.

Rule 2.02 - In such cases, even if the lawyer does not accept a case,
he shall not refuse to render legal advice to the person concerned if
only to the extent necessary to safeguard the latter's rights.

Rule 2.03 - A lawyer shall not do or permit to be done any act

designed primarily to solicit legal business.

Rule 2.04 - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant.
Duty of lawyers:

If they simply reject the causes of the defenseless or oppressed, it is

incompatible with the efficacy required in the legal profession.

Defenseless – those who are not in the position to defend

themselves due to poverty, weakness, ignorance or other similar
reasons.

Oppressed – they are the victims of cruelty, unlawful exaction,

domination or excessive use of authority.

Those who have less in life, should have more in law.

No person should be deprive of legal services by reason of one’s

poverty.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES
SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.

Rule 3.01 - A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or
unfair statement or claim regarding his qualifications or legal
services.

Rule 3.02 - In the choice of a firm name, no false, misleading or

assumed name shall be used. The continued use of the name of a
deceased partner is permissible provided that the firm indicates in
all its communications that said partner is deceased.

Rule 3.03 - Where a partner accepts public office, he shall

withdrawal from the firm and his name shall be dropped from the
firm name unless the law allows him to practice law currently.

Rule 3.04 - A lawyer shall not pay or give anything of value to

representatives of the mass media in anticipation of, or in return
for, publicity to attract legal business.
Can lawyers advertise his legal services?
- Yes, a lawyer may advertise provided that the
advertisement is something authorize by the Rules or law .
Or; NO, unless his advertisements are authorize by law o
the Rules.

Linsangan v Tolentino
- Labiano’s calling card contained the phrase "with financial
assistance." The phrase was clearly used to entice clients
(who already had representation) to change counsels with
a promise of loans to finance their legal actions.

A lawyer’s best advertisement is a well-merited reputation for professional

capacity and fidelity to trust based on his character and conduct. For this
reason, lawyers are only allowed to announce their services by publication in
reputable law lists or use of simple professional cards.

Professional calling cards may only contain the following details: (N-FATS)
(a) lawyer’s name;
(b) name of the law firm with which he is connected;
(c) address;
(d) telephone number and
(e) special branch of law practiced.

Ex, Atty. Juan de la Cruz, LLB, MD

- are LLB and MD authorize?
- NO, it remains true, honest, fair, dignified. This is allowed
under Rule 3.01

What if the professional calling card contains a photograph?

- No ruling yet. But if we raise it beyond necessary we can
assert that it is contrary to Canon 3 in relation to Rule 3.01.
It is an excessive commercialism.

Lawyers are lawyers of dedication, competence, compassion and passion

for the causes of our clients.

Full-page advertisement of congratulating lawyer A for winning a case. Is

it ethical?
- Canon 3, Rule 3.01
- It is a judicial command to lawyers. If it is initiated by the
clients, the lawyer did not breach the canon. However, if
he initiated it, lawyer A breached the canon.
Full-page advertisement that X and Y law office is now in Escolata, Manila.
Is it unethical?
- No, it is not unethical because it just alerting the public
that X and Y law office is now growing.

Tarpaulin advertisement in the National Highway for passing the bar. Is it an

unethical ad?
- NO, it is an ethical ad because you were just being
congratulated. But if it remains there for a period of 1 year and
with statement “if you need legal assistance, go to his office”.
Then, it will be an unethical ad because he is soliciting.

Alerting Atty. X as regional distributor of Natasha products.

- It is ethical because it has nothing to do with Atty. X being a
lawyer. It is an advertisement as a lawyer, one of the privileges
that a lawyer can enjoy. ATTY can be use in all undertakings.

Category of lawyers abroad:

1.Esquire – a lawyer who’s authority is limited to advising.
2. Barrister – advising in commercial contracts.
3. Solicitors – lawyers in court.
4. Litigators
 - In the Ph, there is no category of lawyers. A lawyer can enjoy
the title of an attorney.

The website of ABC law firm and citing the law branch practice.
- No ruling yet.

X, Y and Z decided to put up a law firm and use their nicknames ABC law firm. Is
it permissible?
- No, because it constitute breach of Rule 3.02

Atty. Mae of MBC Law Office is appointed as Gov’t Corporate Counsel. May the
law office retain her name?
- Rule 3.03
- “Unless the law allows him to practice law concurrently.”
- Atty. Mae is forbidden to practice law. The law office should
drop her name.
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.

Congress requested for you to submit a paper for your opinion? It

is your duty to do that.
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 THE LAW AND
JURISPRUDENCE.

BM 850 – Mandatory Continuing Legal Education

- MCLE is required of members of the Integrated Bar of
the Philippines (IBP) to ensure that throughout their
career, they keep abreast with law and jurisprudence,
maintain the ethics of the profession and enhance the
standards of the practice of law.
 The following members of the Bar are exempt from the MCLE requirement:
(a) The President and the Vice President of the Philippines, and the Secretaries
and Undersecretaries of Executives Departments;
(b) Senators and Members of the House of Representatives;
(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent
and retired members of the judiciary, incumbent members of the Judicial and
Bar Council and incumbent court lawyers covered by the Philippine Judicial
Academy program of continuing judicial education;
(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of
the Department of Justice;
(e) The Solicitor General and the Assistant Solicitor General;
(f) The Government Corporate Counsel, Deputy and Assistant Government
Corporate Counsel;
(g) The Chairmen and Members of the Constitutional Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen
and the Special Prosecutor of the Office of the Ombudsman;
(i) Heads of government agencies exercising quasi-judicial functions;
(j) Incumbent deans, bar reviews and professors of law who have teaching
experience for at least 10 years accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and
Professorial Lectures of the Philippine Judicial Academy; and
(l) Governors and Mayors.

The following Members of the Bar are likewise exempt:

(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the approval of
the IBP Board of Governors.

A member who, for whatever reason, is in non-compliance at the

end of the compliance period shall pay a non-compliance fee.

Any member who fails to satisfactorily comply with Section 2 of

Rule 12 shall be listed as a delinquent member by the IBP Board of
Governors upon the recommendation of the MCLE Committee, in
which case, Rule 139-A of the Rules of Court shall apply.
X, teaching a law subject in the undergraduate course for 5 years.
After passing the bar, he continued teaching for 5 years again but
now, he is teaching in a law school. Is X exempt from BM 850?
- No, X is not exempted.

X, teaching in a lawschool the Oblicon subject for 2 years but he had

to leave the Philippines for his masters degree. After a few years, he
came back and started teaching again. X applied for the MCLE
exemption.
- X will be exempted provided he meet the 10 years
requirement. The 10 years need not be continuous
but an accumulation.
BM 1922 – MCLE compliance no. or MCLE exemption no and date in
all pleadings.
- practicing members of the bar to INDICATE in all
pleadings filed before the courts or quasi-judicial
bodies, the number and date of issue of their MCLE
Certificate of Compliance or Certificate of Exemption,
as may be applicable, for the immediately preceding
compliance period. Failure to disclose the required
information would cause the dismissal of the case
and the expunction of the pleadings from the
records.
 - If you fail to indicate in the submitted pleadings, the
document is treated as not a file. This falls upon the
client.
-

BM 1922 has been amended. Failure to disclose the required

information would subject the counsel to appropriate penal and
discipline action"; and

PRESCRIBE the following rules for non- disclosure of current MCLE

compliance/exemption number in the pleadings:

(i) The lawyer shall be imposed a fine of P2,ooo.oo for the first
offense, P3,ooo.oo for the second offense and P4,ooo.oo for the
third offense;
(ii) In addition to the fine, counsel may be listed as a delinquent
member of the Bar pursuant to section 2, Rule 13 of Bar Matter No.
850 and its implementing rules and regulations; and

(iii) The non-compliant lawyer shall be discharged from the case and
the client/s shall be allowed to secure the services of a new counsel
with the concomitant right to demand the return of fees already
paid to the non-compliant lawyer."

-This time around, its not the client who will suffer but the lawyer.

The lawyer can be defect as a delinquent lawyer.

- If he will be a delinquent lawyers, he cannot be a
notary public because before one can be NP he must
be a member of the bar in good standing.
-
Carina, a new anchor, openly discussed to Atty. Marjorie the…
What is the proper thing to do?
 - To simply refuse to answer the question raised by the
news anchor. The lawyer helps in dissemination
pursuant to canon 5.

CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN

GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
TASKS.

Rule 6.01 - The primary duty of a lawyer engaged in public

prosecution is not to convict but to see that justice is done.
The suppression of facts or the concealment of witnesses
capable of establishing the innocence of the accused is
highly reprehensible and is cause for disciplinary action.

Rule 6.02 - A lawyer in the government service shall not

use his public position to promote or advance his private
interests, nor allow the latter to interfere with his public
duties.

Rule 6.03 - A lawyer shall not, after leaving government

service, accept engagement or employment in connection
with any matter in which he had intervened while in said
service.

Gov’t lawyer are engaged in the practice of law.

Gov’t Financial Institution
- IS the lawyer qualified of becoming shortlisted
in the judiciary?
- Since he is a lawyer in a GFI, always doing the
application of law. Then, yes, he is qualified
even if he never appeared in the court.
Pollo v. David
- The search conducted on his office computer and the
copying of his personal files was lawful and did not
violate his constitutional right

Rule 6.01 – primary duty : Justice is done or administer

well.

Sps. Buffe v Manglapus

G.L

Office of the
Ombudsman CSC
 Head of Office
CA

PL
SC

IBP

If the acts/omissions of the gov’t lawyer infringes the

duties of lawyers, then , you can also file your case in the
Supreme Court.

Liang Fuji v Dela Cruz

- Failure to exercise utmost prudence in reviewing the
immigration records of an alien, which resulted in the
 alien's wrongful detention, opens the special
prosecutor in the Bureau of Immigration to
administrative liability.
- Simple neglect of duty is defined as a failure to give
attention to a task due to carelessness or
indifference.54 In this case, respondent's negligence
shows her indifference to the fundamental right of
every person, including aliens, to due process and to
the consequences of her actions.

If a complaint is filed in the IBP, It must be elevated to the

Supreme Court. The Sc must be alert that a complaint has
been filed against a lawyer.

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 7 to 9 covers the lawyer’s duty to the bar (his colleagues)

Requires lawyers:
1. To uphold the honor and dignity of the profession.
2. To give assistance to unauthorize PoL.
3. To support the IBP ( Llmas v Santos )

Bench – the one authorize to listen

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.

Canon 8 prohibits from employing tactics to colleagues.

Reyes v Chung
Nuesca v. Villagarcia
- Though a lawyer's language may be forceful and
emphatic, it should always be dignified and respectful,
befitting the dignity of the legal profession. The use of
 intemperate language and unkind ascriptions has no
place in the dignity of judicial forum.

Exception for Rule 8.02

- You may extend assistance if the one seeking relief
has a former lawyer that have been unfaithful or
neglectful as a counsel.

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.

Aguirre v Raña
Alawi v Alauya
- As regards Alauya's use of the title of "Attorney," this Court has
already had occasion to declare that persons who pass the
Shari'a Bar are not full-fledged members of the Philippine Bar,
hence may only practice law before Shari'a courts.21 While one
who has been admitted to the Shari'a Bar, and one who has
 been admitted to the Philippine Bar, may both be considered
"counsellors," in the sense that they give counsel or advice in a
professional capacity, only the latter is an "attorney." The title of
"attorney" is reserved to those who, having obtained the
necessary degree in the study of law and successfully taken the
Bar Examinations, have been admitted to the Integrated Bar of
the Philippines and remain members thereof in good standing;
and it is they only who are authorized to practice law in this
jurisdiction.
-

Which of the following may Atty. Matulungin do without

contravening his duty under Canon 9:

1.He advises her non-lawyer friend, Gisella, to appear

before the Balanga, MTC, and represent the latter’s father
in a reckless imprudence case;
2. He delegates to his under bar associate, Monique, the
matter of drafting contracts to be given to his friend,
Mario, who is a corporate officer;
3. He gives Gigi, his real estate broker friend, with statutes
she wishes to read which corresponds to his law firm’s
legal form; and
4. He assists Lorna, who is drafting a will for her uncle, and
in return, gives her the latest Ipad.

Atty. Matulungin can do item 1, 2 and 3 but he cannot do item 4.

Item 1 is sanctioned under Sec 34 of Rule 138. Such advice of Atty.

Matulungin to Gisella is not illegal.

In item 2, Atty. Matulungin asking Monique to draft a contract is like

basically training her. But he must check the contract before it will be
given to Mario. Atty. Matulungin complied with his duty to strictly
supervised Monique before the contract was given to Mario.
- Rule 138-A
Law student practice, included underbar

In item 3, Atty. Matulungin provided Gigi copies of statutes that

corresponded to his law firm’s legal form. He did his duty under Canon 5.

In item 4, Atty. Matulungin will contravene his duty under canon 9. He

helped Lorna draft a will for his uncle and in return, her uncle gives her
the latest ipad. That is he assisted Lorna in the unauthorized practice of
law.

Rosa, is an HR manager and there’s a problem at her work. She

called her friend, Noel, a lawyer. Noel promise to solve the problem
and will send his engagement. Noel will only ask for 500,000 but
Rosa directed Noel to increase his attorney’s fee to 1,000,000 and
that the other half will be hers. Noel agreed and submitted to
Rosa’s company. It was approved at 600,000 only. If Noel give the
excess 100,000 to Rosa, will he violate Rule 9.02?
- Yes!
- Also he will need to issue an official receipt with the
amount of 600,000. Giving Rosa the 100,000 will fall
upon his BIR tax. This will violate Rule 9.02 and 1. 02.

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.

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.

Duty to court – is the most important duty of a lawyer.

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.

Can lawyers criticize the court?

 - Yes but such criticism must be beneficent and he must
speak of in decency.
In re: Almacen

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 proferrence. 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 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.

Lawyer A was advise by the IBP chapter to attend an event.

Upon his arrival to the venue, the room was already filled
and only one chair is left which is beside a judge C whom
he has a pending case. Lawyer A took the last seat and
Lawyer B saw that lawyer A is seated beside Judge C.
Lawyer B filed 2 cases. First, administrative case against A
for the violation of Rule 13.01 Second, motion for
inhibition for Judge C.
- The action by Lawyer B will not prosper.
Evidently, Lawyer A did not exert an effort to
extraordinarily cultivate familiarity with Judge
C. The complaint must be dismissed. On the
other hand, Judge C may be held liable.
Because Judge C should have avoided
impropriety and transferred his seat to
another because Lawyer A has a pending case
in his sala. The motion is granted.
Lawyer X took part in a charity golf session. The organizers
arranged the groupings and he was partnered with a
Judge. Does it constitute a violation?
- No, because there is no showing that Lawyer X
exerted an effort extraordinarily cultivate
familiarity with the judge.

In re: Bumaulag
- He got suspended and wrote to former Pres.
Ferdinand Marcos asking to be reinstated and
in retuwn he will him in his vision. The SC
extended his suspension. Gross ignorance of
the law. Only the SC can discipline its
members.
-
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
if:chanroblesvirtuallawlibrary
(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.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
 
Rules 18.01 - A lawyer shall not undertake a legal service
which he knows or should know that he is not qualified to
render. However, he may render such service if, with the
consent of his client, he can obtain as collaborating
counsel a lawyer who is competent on the matter.
Rule 18.02 - A lawyer shall not handle any legal matter
without adequate preparation.
Rule 18.03 - A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
therewith shall render him liable.
Rule 18.04 - A lawyer shall keep the client informed of the
status of his case and shall respond within a reasonable
time to the client's request for information.

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH

ZEAL WITHIN THE BOUNDS OF THE LAW.
 
Rule 19.01 - A lawyer shall employ only fair and honest
means to attain the lawful objectives of his client and shall
not present, participate in presenting or threaten to
present unfounded criminal charges to obtain an improper
advantage in any case or proceeding.
Rule 19.02 - A lawyer who has received information that
his client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same, and
failing which he shall terminate the relationship with such
client in accordance with the Rules of Court.
Rule 19.03 - A lawyer shall not allow his client to dictate
the procedure in handling the case.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND

REASONABLE FEES.
 
Rule 20.01 - A lawyer shall be guided by the following
factors in determining his fees:chanroblesvirtuallawlibrary
(a) the time spent and the extent of the service rendered
or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result
of acceptance of the proffered case;
(f) The customary charges for similar services and the
schedule of fees of the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the
benefits resulting to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional
or established; and
(j) The professional standing of the lawyer.
Rule 20.02 - A lawyer shall, in case of referral, with the
consent of the client, be entitled to a division of fees in
proportion to the work performed and responsibility
assumed.
Rule 20.03 - A lawyer shall not, without the full knowledge
and consent of the client, accept any fee, reward, costs,
commission, interest, rebate or forwarding allowance or
other compensation whatsoever related to his
professional employment from anyone other than the
client.
Rule 20.04 - A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to judicial
action only to prevent imposition, injustice or fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED.
 
Rule 21.01 - A lawyer shall not reveal the confidences or
secrets of his client except;
(a) When authorized by the client after acquainting him of
the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself,
his employees or associates or by judicial action.
Rule 21.02 - A lawyer shall not, to the disadvantage of his
client, use information acquired in the course of
employment, nor shall he use the same to his own
advantage or that of a third person, unless the client with
full knowledge of the circumstances consents thereto.
Rule 21.03 - A lawyer shall not, without the written
consent of his client, give information from his files to an
outside agency seeking such information for auditing,
statistical, bookkeeping, accounting, data processing, or
any similar purpose.
Rule 21.04 - A lawyer may disclose the affairs of a client of
the firm to partners or associates thereof unless
prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as may be
required to prevent those whose services are utilized by
him, from disclosing or using confidences or secrets of the
clients.
Rule 21.06 - A lawyer shall avoid indiscreet conversation
about a client's affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been
consulted about a particular case except to avoid possible
conflict of interest.

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES

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