Session 14

Canons 12-14
The Lawyer and the Courts
The Lawyer and the Clients
 Cases to read
• Earth Minerals Exploration, Inc. vs Macaraig, 194
SCRA 1
• Jaca vs Davao Lunber Company, 198 Phil, 493
• Alonso vs Villamor, 490 SCRA 424
• Erlinda Bildner vs Erlinda Ilusorio & Atty. Manuel
Singson, G.R. No. 15384 (June 5, 2009)
• Burbe vs Magulta, 383 SCRA 276
• Mercado vs Vitriolo, 459 SCRA 1 (May 26, 2005)
 Canon 12

A lawyer shall exert every effort and consider it his

duty to assist in the speedy and efficient
administration of justice.
 Canon 12
Rule 12.01. A lawyer shall not appear for trial unless
he has adequately prepared himself on the law and
the facts of his case, the evidence he will adduce and
the order of its preference. He should also be ready
with the original documents for comparison with the
copies.

Rule 12.02. A lawyer shall not file multiple actions

arsing from the same cause. (See Earth Minerals,
Jaca)
 Instances of Forum Shopping
1. When, as a result of an adverse opinion in one
forum, a party seeks a favorable opinion in another;
2. When a party institutes two or more proceedings
grounded on the same cause, on the gample that one
or the other court would make a favorable disposition;
3. Filing a second suit in a court without jurisdiction;
4. Filing an action in court while the same cause of
action is still pending in an administrative proceeding;
5. When counsel omits to disclose pendeny of an
appeal.
 Canon 12
Rule 12.04. A lawyer shall not unduly delay a case,
impede the execution of a judgment or misuse court
processes. (See Alonso)

Rule 12.05. A lawyer shall refrain from talking to his

witness during 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 or to impersonalte 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;
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.
Rights of a Witness (Rule 132, Section 3, Rules on Evidence)
1. To be protected from irrelevant, improper, or insulting
questions and from harsh and imsulting demeanor;
2. Not to be detained longer than the interest of justice
requires;
3. Not to be examined except only as to matter pertinent to
the issue;
4. Not to give an answer which will tend to subject him to a
penalty for an offense unless otherwise provided by law;
6. Not to give an answer which will tend to degrade his
reputation, unless it be to the very fact at issue or to a fact
from which the fact in issue would be presumed. But a
witness must answer to the fact of his previous final
conviction for an offense.
 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.
 Canon 13
Rule 13.01. A lawyer shall not extend extraordinary
attention or hospitality to, nor seek oppotunity for,
cuultivating familiarity with Judges. (See Bildner)

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.
 Canon 14

A lawyer shall not refuse his services to the needy.

 Canon 14
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, of because of his own opinion regarding
the guilt of the said person. (See Burbe, Mercado)

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 chapter for
rendition of free legal aid.
End of this Session