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Legal profession Professor ROSA Juan-Bautista 1

FINALS REVIEWER
Victoria Caranay A2014
Based on the Course outline, notes, and Q&A by Prof. Juan-Bautista and her book // Other sources: New judicial code of conduct and code of conduct for
court personnel
RED MEANS MEMORIZE!
LAWYERS IN SOCIETY
1.

Why we need lawyers

Persons
skilled
and
trained
in
deciphering the law are necessary in
order that legal rules are not applied
arbitrarily, randomly and unfairly.
[Wolfram 1986]

Stated positively lawyers are


essential so that law and rules will be
applied objectively and impartially,
without fear or favor, in an orderly
manner, and with due regard to the
Constitution and human rights, justice,
due process, fairness and equity.

Simplify the application of law for


lawyers and non-lawyers
Historical
background,
Canons
of
Professional Ethics

Legal
ethics
began
in
the
Philippines with the Canons of
Professional Ethics framed by the
American Bar Association in 1908.

Adopted in the Philippines in 1917

Revised in 1946

Code of professional responsibility


June 2, 1988

2.

Code of Judicial Conduct October 20,


1989
New Code of Judicial Conduct for the
Philippine Judiciary June 1, 2004
Code of Conduct for Court Personnel
(June 1, 2004)
This applies to ALL positions within
the judiciary so that court
personnel will not be held to the
same standards as judges and
justices

CONSTITUTION

1987 CONSTI ART VII SEC 5 - (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 under-privileged. 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.
1987 CONSTI ART VII SEC 14.

The sustained development of a


reservoir
of
national
talents
consisting of Filipino scientists,
entrepreneurs,
professionals,

managers,
high-level
technical
manpower and skilled workers and
craftsmen in all fields shall be
promoted by the State. The State
shall
encourage
appropriate
technology and regulate its transfer
for the national benefit.
The practice of all professions in the
Philippines shall be limited to
Filipino citizens, save in cases
prescribed by law.

CASES
o People v. Jalosjos A congressman is
subject to the same general laws; the SC
cannot validated badges of inequality

Jalosjos privilege from arrest does


not include offenses not related to his
office like delicts

He cannot be allowed to attend sessions [5


days a week] because that would virtually
make him a free man
In Re Cunanan
In the Matter of the Integration of the IBP
The Director of Religious Affairs v. Bayot
LANDMARK Law is a profession and not a
trade. The lawyer degrades himself and his
profession who stoops to and adopts the
practices of mercantilism by advertising his
services or offering them to the public. As a
member of the bar, he defiles the temple of
justice with mercenary activities as the
moneychangers of old defiled the temple of
Jehovah. [note:WTF?]

The
most
worthy
and
effective
advertisement possible, eve for a young
lawyer is the establishment of a wellmerited reputation for professional capacity
and fidelity to trust. This cannot be forced

o
o
o

Legal profession Professor ROSA Juan-Bautista 2


o

but must be the outcome of character


and conduct.
Re: Application for Admission to the
Philippine Bar Vicente Ching only
Philippine citizens can practice law

Philippine Citizenship can never be


treated like a commodity that can be
claimed
when
needed
and
suppressed when convenient. One
who is privileged to elect Philippine

Citizenship has only an inchoate right to


such citizenship. As such, he should avail of
the right with fervor, enthusiasm and
promptitude.

DEFINITION, SOURCES, IMPORTANCE OF LEGAL ETHICS

Legal Ethics
1. Branch of moral science which treats the
duties which an attorney owes to
o The court
o His client
o His brethren in the profession [Bar]
o The public [Malcolm]
Sources
1. Constitution
2. Statutes
3. Rules of Court
4. Decisions of the SC
5. Canons of Professional Ethics
6. Codes of professional responsibility
7. Code of Judicial Conduct 1989
8. New Code of Judicial Conduct 2004
9. Code for Court Personell
10. Writings of legal scholars
11. Others? [note: she said etc.]
Importance

No answer provided but I think it is


because of the fact that what is legal is
not necessarily moral therefore there
must
be
codes,
guidelines
for
professional conduct and ethics to draw
the line between acceptable and
unacceptable behavior of lawyers even
when
such
behavior
may
not
necessarily be illegal.

the privileged. The lawyer should consider


serving them as a duty and not as a
charitable work.
NOTE: THIS WAS IN THE QUIZ SHE
MARKED IT TO MEMORIZE.

Why is it a matter of duty not charity?

Legal aid to the destitute litigants is more


of a public duty and not charity because it
is the sworn duty of a lawyer to render
services free of charge when the situation
demands it. The lawyer, like a public
officer, assumes office with all privileges
and obligations in the rendering of services
free of charge to poor litigants. Moreover
the law profession is clothed with public
interest. For that matter a superior can
assign an attorney to render professional
service fee to any party who has no means
to employ the services of counsel in order
to protect his rights and to secure the ends
of justice.

How
should
a
lawyer
view
representation
of
the
poor,
the
marginalized,
and
the
oppressed
before our Courts of Justice?

As an officer of the court the lawyer has


the duty of representing the poor, the
marginalized and the oppressed without
expecting to be compensated for his
services. One of the main duties of the
lawyer is to maintain the rule of law.
The rule of law cannot be maintained if
the poor, the oppressed or marginalized
are not afforded legal services to
protect their rights against the rich and

LEGAL EDUCATION

RULES OF COURT 138 - Sec. 5.


Additional
requirements
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 regularly studied law
for four years, and successfully completed
all prescribed courses, in a law school or
university,
officially
approved
and
recognized by the Secretary of Education.

The affidavit of the candidate, accompanied


by a certificate from the university or school
of law, shall be filed as evidence of such
facts, and further evidence may be required
by the court.
No applicant shall be
admitted to the bar examinations unless he
has satisfactorily completed the following
courses 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
medical
ethics.

law, labor and social


jurisprudence, taxation

legislation,
and legal

RULES OF COURT 138 Sec. 6. Pre-Law. No applicant for admission to the bar
examination shall be admitted unless he
presents a certificate that he has satisfied the
Secretary of Education that, before he began
the study of law, he had pursued and
satisfactorily completed in an authorized and

Legal profession Professor ROSA Juan-Bautista 3


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 with any of the
following subjects as major or field of
concentration: political science, logic,
English, Spanish, history and economics.

Bar
Matter
850,
Mandatory
Continuing Legal Education Program

Bar Matter No. 850. Re: Proposed


Rules on Mandatory Continuing Legal
Education for Active Members of the
IBP. Acting on the Letter dated 18
June 2003 of Chairperson Carolina C.
Grio-Aquino, Mandatory Continuing
Legal Education Committee (MCLE),
requesting for the exemption of
incumbent members of the MCLE
Office from complying with the MCLE
requirements and the payment of the
exemption fee, as well as the approval
and publication of the amendments to
Bar
Matter
No.
850
and
its
Implementing Regulations, the Court
Resolved, upon the recommendation
of the Committee on Legal Education,
to

APPROVE the proposed amendments


to Bar Matter No. 850 and its
Implementing Regulations, thus:

Rule 7, Section 1, Bar Matter


No.
850

Rule
7.
EXEMPTIONS

SECTION
1.
Parties
exempted from the MCLE. The following members of
the Bar are exempt from the

MCLE requirements:
c) The Chief Justice and
Associate
Justices
of
the
Supreme Court, incumbent and
retired
members
of
the
judiciary, incumbent members
of
Judicial
Bar
Council,
incumbent members of the
Mandatory Continuing Legal
Education
Committee,
incumbent court lawyers who
have availed of the Philippine
Judicial Academy programs of
continuing judicial education
Section 5, MCLE Implementing
Regulations

Section 5. Exemptions The


following are exempted from
the MCLE requirements:

The Executive

c. The Judiciary The Chief


Justice and Associate Justice of
the Supreme Court, Incumbent
and retired members of the
Judiciary, incumbent members
of the Judicial and Bar Council
incumbent members of the
Mandatory Continuing Legal
Education
Committee,
incumbent court lawyers who
have availed of the Philippine
Judicial Academy programs of
continuing judicial education.
Section 12, MCLE Implementing
Regulations

Section
12.
Compliance
Procedures

e. A member who is in noncompliance at the end of the

compliance period shall pay a


non-compliance fee of P1,000.00
and shall be listed as a delinquent
member
of
IBP
Board
of
Governors
upon
the
recommendation of the MCLE
Committee, in which case Rule
139-B of the Court shall apply.
(b) APPROVE the proposed
MCLE Forms for the effective
Implementation of the MCLE
program, to wit:
MCLE Form No. 08 - Certificate of
Exemption
MCLE Form No. 09 - Application
for Exemption
MCLE Form No. 10 Application
for Credit Unit/s for Participating
in MCLE Activity/Program as
Lecturer/ Resource Speaker or
Panelist/ Reactor/ Commentator/
Moderator/ Coordinator/Facilitator
MCLE Form No. 11 Application
for Credit Unit/s for Teaching at an
Accredited Law School
MCLE Form No. 12 Application
for Credit Unit/s for Publication of
a Legal Article or Book 6. MCLE
Form No. 13 Certificate of
Compliance
And (c) direct the Office of the
Clerk of Court to cause the
publication of the aforecited
provisions of Bar Matter No. 850
and its Implementing Regulations
and the MCLE Forms for two (2)
consecutive
weeks
in
a
newspaper of general circulation.

RA 7662 AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE PURPOSE, A LEGAL EDUCATION BOARD AND
FOR OTHER PURPOSES.
Section 1. Title. - This Act shall be known as the
"Legal Education Reform Act of 1993."
Section 2. Declaration of Policies. - It is hereby
declared the policy of the State to uplift the

standards of legal education in order to prepare law


students for advocacy, counselling, problemsolving, and decision-making, to infuse in them the
ethics of the legal profession; to impress on them
the importance, nobility and dignity of the legal

profession as an equal and indispensable partner of the


Bench in the administration of justice and to develop
social competence.
Towards this end, the State shall undertake appropriate
reforms in the legal education system, require proper

Legal profession Professor ROSA Juan-Bautista 4


selection of law students, maintain quality among
law schools, and require legal apprenticeship and
continuing legal education.
Section 3. General and Specific Objective of Legal
Education. - (a) Legal education in the Philippines is
geared to attain the following objectives:
(1) to prepare students for the practice of law;
(2) to increase awareness among members of the
legal profession of the needs of the poor, deprived
and oppressed sectors of society;
(3) to train persons for leadership;
(4) to contribute towards the promotion and
advancement of justice and the improvement of its
administration, the legal system and legal
institutions in the light of the historical and
contemporary development of law in the Philippines
and in other countries.
(b) Legal education shall aim to accomplish the
following specific objectives:
(1) to impart among law students a broad knowledge
of law and its various fields and of legal institutions;
(2) to enhance their legal research abilities to enable
them to analyze, articulate and apply the law
effectively, as well as to allowthem to have a holistic
approach to legal problems and issues;
(3) to prepare law students for advocacy,
counselling, problem-solving and decision-making,
and to develop their ability to deal with recognized
legal problems of the present and the future;
(4) to develop competence in any field of law as is
necessary for gainful employment or sufficient as a
foundation for future training beyond the basic
professional degree, and to develop in them the
desire and capacity for continuing study and selfimprovement;
(5) to inculcate in them the ethics and
responsibilities of the legal profession; and
(6) to produce lawyers who conscientiously pursue
the lofty goals of their profession and to fully adhere
to its ethical norms.
Section 4. Legal Education Board; Creation and
Composition. - To carry out the purpose of this Act,
there is hereby created the Legal Education Board,
hereinafter referred to as the Board, attached solely
for budgetary purposes and administrative support to
the Department of Education, Culture and Sports.
The Board shall be composed of a Chairman, who
shall preferably be a former justice of the Supreme
Court or Court of Appeals, and the following as
regular members: a representative of the Integrated
Bar of the Philippines (IBP); a representative of the
Philippine Association of Law Schools (PALS); a
representative from the ranks of active law
practitioners; and, a representative from the law

students' sector. The Secretary of the Department


of Education, Culture and Sports, or his
representative, shall be an ex officio member of the
Board.
With the exception of the representative of the law
students' sector, the Chairman and regular
members of the Board must be natural-born citizen
of the Philippines and members of the Philippine
Bar, who have been engaged for at least ten (10)
years in the practice of law, as well as in the
teaching of law in a duly authorized or recognized
law school.
Section 5. Term of Office; Compensation. - The
Chairman and regular members of the Board shall
be appointed by the President for a term of five (5)
years without reappointment from a list of at least
three
(3)
nominees
prepared,
with
prior
authorization from the Supreme Court, by the
Judicial and Bar Council, for every position or
vacancy, and no such appointment shall need
confirmation by the Commission on Appointments.
Of those first appointed, the Chairman and the
representative of the IBP shall hold office for five
(5) years, the representatives of the PALS and the
PALP, for three (3) years; and the representative
from the ranks of active law practitioners and the
representative of the law students' sector, for one
(1) year, without reappointment. Appointments to
any vacancy shall be only for the unexpire portion
of the term of the predecessor.
The Chairman and regular members of the Board
shall have the same salary and rank as the
Chairman and members, respectively, of the
Constitutional Commissions: Provided, That their
salaries shall not be diminished during their term of
office.
Section 6. Office and Staff Support. - The
Department of Education, Culture and Sports shall
provide the necessary office and staff support to
the Board, with a principal office to be located in
Metropolitan Manila.
The Board may appoint such other officers and
employees it may deem necessary in the
performanceof its powers and functions.
Section 7. Powers and Functions. - For the purpose
of achieving the objectives of this Act, the Board
shall havethe following powers and functions:
(a) to administer the legal education system in the
country in a manner consistent with the provisions
of this Act;
(b) to supervise the law schools in the country,
consistent with its powers and functions as herein
enumerated;

(c) to set the standards of accreditation for law schools


taking into account, among others, the size of enrollment,
the qualifications of the members of the faculty, the
library and other facilities, without encroaching upon the
academic freedom of institutions of higher learning;
(d) to accredit law schools that meet the standards of
accreditation;
(e) to prescribe minimum standards for law admission and
minimum qualifications and compensation of faculty
members;
(f) to prescribe the basic curricula for the course of study
aligned to the requirements for admission to the Bar, law
practice and social consciousness, and such other courses
of study as may be prescribed by the law schools and
colleges under the different levels of accreditation status;
(g) to establish a law practice internship as a requirement
for taking the Bar which a law student shall undergo with
any duly accredited private or public law office or firm or
legal assistance group anytime during the law course for a
specific period that the Board may decide, but not to
exceed a total of twelve (12) months. For this purpose, the
Board shall prescribe the necessary guidelines for such
accreditation and the specifications of such internship
which shall include the actual work of a new member of
the Bar.
(h) to adopt a system of continuing legal education. For
this purpose, the Board may provide for the mandatory
attendance of practicing lawyers in such courses and for
such duration as the Board may deem necessary; and
(i) to perform such other functions and prescribe such
rules and regulations necessary for the attainment of the
policies and objectives of this Act.
Section 8. Accreditation of Law Schools. - Educational
institutions may not operate a law school unless
accredited by the Board. Accreditation of law schools may
be granted only to educational institutions recognized by
the Government.
Section 9. Withdrawal or Downgrading of Accreditation. The Board may withdraw or downgrade the accreditation
status of a law school if it fails to maintain the standards
set for its accreditation status.
Section 10. Effectivity of Withdrawal or Downgrading of
Accreditation. - The withdrawal or downgrading of
accreditation status shall be effetive after the lapse ofthe
semester or trimester following the receipt by the school
of the notice of withdrawal or downgrading unless, in the
meantime, the school meets and/or upgrades the
standards or corrects the deficiencies upon which the
withdrawal or downgrading of the accreditation status is
based.
Section 11. Legal Education Fund. - There is hereby
created a special endowment fund, to be known as the

Legal profession Professor ROSA Juan-Bautista 5


Legal Education Fund, which shall be under the
control of the Board, and administered as a separate
fund by the Social Security System (SSS) which shall
invest the same with due and prudent regard to its
solvency, safety and liquidity.
The Legal Education Fund shall be established out of,
and maintained from, the amounts appropriated
pursuant to paragraph 2, Section 13 hereof, and from
sixty percent (60%) of the privilege tax paid by every
lawyer effective Fiscal Year 1994; and from such
donations, legacies, grant-in-aid and other forms of
contributions received by the Board for the purposes
of this Act.
Being a special endowment fund, only the interests
earned on the Legal Education Fund shall be used
exclusively for the purposes of this Act, including

support
for
faculty
development
grants,
professorial chairs, library improvements and
similar programs for the advancement of law
teaching and education in accredited law schools.
The Fund shall also be used for the operation of the
Board. For this purpose, an amount not exceeding
ten percent (10%) of the interest on the Fund shall
be utilized.
The Board, in consultation with the SSS, shall issue
the necessary rules and regulations for the
collection, administration and utilization of the
Fund.

Juridical Persons [Corporations] are


NOT entitled to practice law
o Only a natural person can engage in
the practice of law
o A lawyer burdened is with peculiar
duties and responsibilities
o A corporation cannot take an oath of
office, cannot be an officer of the court
or be subjected to court discipline
o A corporation cannot engage in law
practice directly

Partnership
VOID!

Lawyers who cannot practice law are

1. Heads of departments and their


assistants
2. Chiefs of bureaus and their assistants
3. Chairman and members of the
COMELEC
4. CONSTI - ART VI - Section 14. No
Senator or Member of the House of
Representatives
may
personally
appear as counsel before any court of
justice or before the Electoral
Tribunals, or quasi-judicial and other
administrative bodies. Neither shall
he, directly or indirectly, be interested
financially in any contract with, or in
any franchise or special privilege
granted by the Government, or any
subdivision,
agency,
or
instrumentality thereof, including any
government-owned
or
controlled

corporation, or its subsidiary, during his


term of office. He shall not intervene in any
matter before any office of the Government
for his pecuniary benefit or where he may
be called upon to act on account of his
office.
5. Members
of
the
Commission
on
Appointments
with
regard
to
their
appearance as counsel before any court
other than the CA and the SC
6. Judges or other officials or employees of the
superior courts or of the office of the SG,
state prosecutors or special counsel in the
DOJ, provincial and city fiscals and their
assistants and other attorneys in legal
offices of the government
7. REASON:
If
these
officials
are
permitted to practice they would be
assuming duties clearly INCOMPATIBLE
with those of their office.

section 2 of this rule at least fifteen (15)


days before the beginning of the
examination. If not embraced within
sections 3 and 4 of this rule they shall

also file within the same period the affidavit and


certificate required by section 5, and if
embraced within sections 3 and 4 they shall
exhibit a license evidencing the fact of their

with

NON-LAWYERS

Section 12. Coverage. - The provisions of this Act


shall apply to all schools and colleges of law which
are presently under the supervision of the

Department of Education, Culture and Sports. Hereafter,


said supervision shall be transferred to the Board. Law
schools and colleges which shall be established following
the approval of this Act shall likewise be covered.
Section 13. Appropriation. - The amount of One Million
Pesos (P1,000,000.00) is hereby authorized to be charged
against the current year's appropriation of the Contingent
Fund for the initial expenses of the Board.
To form part of the Legal Education Fund, there shall be
appropriated annually, under the budget of the
Department of Education, Culture and Sports, the amount
of Ten Million Pesos (P10,000,000.00) for a period of ten
(10) years effective Fiscal Year 1994.
[last 3 sections omitted]

BAR EXAMS RULES OF COURT RULE 138

Sec. 7. Time for filing proof of


qualifications. - All applicants for
admission shall file with the clerk of the
Supreme Court the evidence required by

Legal profession Professor ROSA Juan-Bautista 6


admission
to
practice,
satisfactory
evidence that the same has not been
revoked, and certificates as to their
professional standing. Applicants shall also
file at the same time their own affidavits as
to their age, residence, and citizenship.

Sec. 8. Notice of applications. - Notice


of applications for admission shall be
published by the clerk of the Supreme
Court in newspapers published in Pilipino,
English and Spanish, for at least ten (10)
days before the beginning of the
examination.
Sec. 9. Examination; subjects. Applicants, not otherwise provided for in
sections 3 and 4 of this rule, shall be
subjected to examinations in the following
subjects: Civil Law; Labor and Social
Legislation; Mercantile Law; Criminal Law;
Political Law (Constitutional Law, Public
Corporations,
and
Public
Officers);
International Law (Private and Public);
Taxation; Remedial Law (Civil Procedure,
Criminal Procedure, and Evidence); Legal
Ethics and Practical Exercises (in Pleading
and Conveyancing).
Sec.
10.
Bar
examination,
by
questions
and
answers,
and
in
writing. - Persons taking the examination
shall not bring papers, books or notes into
the examination rooms. The questions shall
be the same for all examinees and a copy
thereof, in English or Spanish, shall be
given to each examinee. Examinees shall
answer the questions personally without
help from anyone.
o Upon verified application made by an
examinee stating that his penmanship
is so poor that it will be difficult to read
his answers without much loss of time,
the Supreme Court may allow such
examinee to use a typewriter in
answering
the
questions.
Only
noiseless typewriters shall be allowed

to be used. The committee of bar


examiners
shall
take
such
precautions as are necessary to
prevent the substitution of papers or
commission
of
other
frauds.
Examinees shall not place their
names on the examination papers. No
oral examination shall be given.

Sec. 11. Annual examination. Examinations for admission to the bar of


the Philippines shall take place annually
in the City of Manila. They shall be held in
four days to be designated by the
chairman of the committee on bar
examiners.
The
subjects
shall
be
distributed as follows: First day: Political
and International Law (morning) and
Labor and Social Legislation (afternoon);
Second day: Civil Law (morning) and
Taxation
(afternoon);
Third
day:
Mercantile Law (morning) and Criminal
Law (afternoon); Fourth day: Remedial
Law (morning) and Legal Ethics and
Practical Exercises (afternoon).
Sec. 12. Committee of examiners. Examinations shall be conducted by a
committee of bar examiners to be
appointed by the Supreme Court. This
committee shall be composed of a Justice
of the Supreme Court, who shall act as
chairman, and who shall be designated
by the court to serve for one year, and
eight members of the bar of the
Philippines, who shall hold office for a
period of one year. The names of the
members of this committee shall be
published in each volume of the official
reports.
Sec. 13. Disciplinary measures. - No
candidate shall endeavor to influence any
member of the committee, and during
examination the candidates shall not
communicate with each other nor shall
they give or receive any assistance. The
candidate who violates this provision, or

any other provision of this rule, shall be barred


from the examination, and the same to count as
a failure against him, and further disciplinary
action, including permanent disqualification,
may be taken in the discretion of the court.

Sec. 14. Passing average. - In order that a


candidate may be deemed to have passed his
examinations successfully, he must have
obtained a general average of 75 per cent in all
subjects, without falling below 50 per cent in
any subject. In determining the average, the
subjects in the examination shall be given the
following relative weights: Civil Law, 15 per
cent; Labor and Social Legislation, 10 per cent;
Mercantile Law, 15 per cent; Criminal Law; 10
per cent; Political and International Law, 15 per
cent; Taxation, 10 per cent; Remedial Law, 20
per cent; Legal Ethics and Practical Exercises, 5
per cent.

Sec. 15. Report of the committee; filing of


examination papers. Not later than
February 15th after the examination, or as soon
thereafter as may be practicable, the
committee shall file its reports on the result of
such examination. The examination papers and
notes of the committee shall be fixed with the
clerk and may there be examined by the parties
in interest, after the court has approved the
report.

Sec. 16. Failing candidates to take review


course. - Candidates who have failed the bar
examinations for three times shall be
disqualified from taking another examination
unless they show to the satisfaction of the court
that they have enrolled in and passed regular
fourth year review classes as well as attended a
pre-bar review course in a recognized law
school. The professors of the individual review
subjects attended by the candidates under this
rule shall certify under oath that the candidates
have regularly attended classes and passed the
subjects under the same conditions as ordinary
students and the ratings obtained by them in
the particular subject.

Legal profession Professor ROSA Juan-Bautista 7

GENERAL PRINCIPLES AND DOCTRINES ON THE PRACTICE OF LAW


Who may practice law?
o
o

Definition of practice of law in


Cayetano v. Monsod [1991]
is any activity, in or out of court,
which requires the application of law, legal
procedure,
knowledge,
training,
and
experience.
includes the preparation of pleadings
and other papers incident to actions and
special proceedings, the management of
such actions and proceedings on behalf of
clients before judges and courts, and in
addition, conveying, in general, all advice
to clients, and all action taken for them in
matters
connected
with
the
law
incorporating services, assessment and
condemnation services contemplating an
appearance before a judicial body, the
foreclosure of a mortgage, enforcement of
a creditors 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, as do the
preparation
and
drafting
of
legal
instruments, where the work done involves
the determination by the trained legal
mind of the legal effects of facts and
conditions

Assuming to be an attorney and acting as such


without authority [Manangan v. CFI of Nueva
Viscaya]
o
Persons entitled to practice law are
those persons who were licensed as

Qualifications for Admission to the Bar


Requirements

Citizen of the Philippines

Resident of the Philippines

Good Moral Character

members of the bar; or hereafter may be


licensed as such in accordance with the
provisions of the Rules of Court, and who
are in good and regular standing. [Rule
138, Sec 1, ROC]
o

Good moral character is a continuing


condition for membership in the bar for
purposes of disciplining a lawyer.

Immoral Conduct conduct which


is willful, flagrant, or shameless and which
shows a moral indifference to the opinion
of
respectable
members
of
the
community.

CASES
o
Samala v. Valencia Respondent
had an extramarital relationship that
produced 3 illegitimate children. This was
held as immoral conduct in violation of
Rule 1.01 of the code of Professional
Responsibility [A lawyer shall not
engage in unlawful, dishonest, immoral or
deceitful conduct.]
o
Dudalia Jr. v. Cruz Respondent
married in the states and thought that it
was still the CC that worked instead of FC.
Court cited him for violation of Rule 1.01
and 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

No charge against him involving moral


turpitude
Must have studied and completed all
prescribed courses in a law school,
approved and recognized by Secretary of

training of law students and assist in


disseminating information regarding the law
and jurisprudence.
o Note: Besides there is a provision in the
CC that says that ignorance of the law
excuses no one because of the
constructive notice through publication
of all laws.
Grossly Immoral Conduct so corrupt and false
as to constitute a criminal act or so unprincipled as
to be reprehensible to a high degree., or committed
under such scandalous or revolting circumstances
as to shock the common sense of decency [2 nd part
from Advincula v. Macabata]
o
Query if Atty. Karen v. Silverio She
misinterpreted the ban on public employees
practice to be favorable to incumbents versus
those who are already separated and because
she thought it was unfair she disregarded it.
Court held that the provision was because
incumbents are banned in general whilst those
separated are only banned to practice for 1
year and in the place where he/she worked. Just
because a lawyer thinks a rule is unfair does
not give her license to break them. She broke
rule 1.01.
NOTES BY MAAM: Why does the court need to
distinguish between grossly immoral and immoral
conduct when the rule itself did not qualify the
degree of immorality? Immoral conduct even
though not gross can still be classified as
dishonest or deceitful. She also said they forgot
Canon 7 [a lawyer shall at all times uphold the
integrity and dignity of the legal profession]

Education, Culture and Sports


Completed high school and undergraduate
degree with any of the following subjects with
major or fields of concentration in Political
Science, Logic, Spanish, History and Economics

Legal profession Professor ROSA Juan-Bautista 8


[secs 2, 5 and 6, RULE 138, ROC]
Lawyers Oath
I do solemnly swear that I will maintain
allegiance to the Republic of the Philippines; I
will support its Constitution and obey the laws
as well as the legal orders of the duly
constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in
court; I will not willingly or wittingly promote
or sue any groundless, false or unlawful suit,
or give aid nor consent to the same; I will
delay no man for money or malice, and will
conduct myself as a lawyer according to the
best of my knowledge and discretion, with all
good fidelity as well to the courts as to my
clients, and I impose upon myself this
voluntary obligation without any mental
reservation or purpose of evasion. So help me
God.
Olivares v. Villalon All lawyers must bear
in mind that their oaths are neither mere
words nor an empty formality. When they take
their oaths as lawyers, they dedicated their
lives to the pursuit of justice They accept the
sacred trust to uphold the laws of the land.
Rule 12.02 [a lawyer shall not file multiple
actions arising from the same cause]
Rule 10.03 [A lawyer shall observe the rules
of procedure and shall not misuse them to
defeat the ends of justice]
A lawyers fidelity to his client must not be
pursued at the expense of truth and justice.
Lawyers have the duty to assist in the speedy
ad efficient administration of justice. Filing
multiple actions constitutes an abuse of the
courts processes. It constitutes improper
conduct that tends to impede, obstruct and

CONFLICT OF INTERESTS
Canon 14.03 lawyer may not refuse to
accept representation of an indigent client if:
(a) He is not in a position to carry out the
work effectively or competently

degrade justice. Those who file multiple or


repetitive actions subject themselves to
disciplinary action for incompetence or willful
violation of their duties as attorneys to act with
al good fidelity to the courts, and to maintain
only such actions that appear to be just and
consistent with truth and honor.
Celia Arroyo-Posidio v. Atty. Jeremias R.
Vitan The code of professional Responsibility
enjoins every lawyer to act with the highest
standard of truthfulness, fair play and nobility in
the practice of law. Lawyers are mandated to
serve their clients with competence and
diligence. To this end, nothing should be done
by the lawyer which might tend to lessen in any
degree the confidence of the public in the
fidelity, honesty and integrity of the profession.
Rule 16.01, Canon 16 of the CPR require the
lawyer to account for all money or property
called or received for or from his client. Where a
client gives money to his lawyer for a specific
purpose, such as to file an action, appeal an
adverse judgment, consummate a settlement
or pay the purchase price of a parcel of land,
the lawyer should, upon failure to take such
step, immediately return the money to his
client.
A lawyer should be scrupulously careful in
handling money entrusted to him in his
professional capacity because a high degree of
fidelity and good faith on his part is exacted.
Time and again we have held that the act of the
lawyer in issuing a check without sufficient
funds to cover the same constitutes willful,
dishonesty and immoral conduct as to
undermine the publics confidence in law and
lawyers.

(b) He labors under a conflict of interest


between him and the prospective client or
between a present client and the
prospective client

Re: Report on the Financial Audit Conducted


on the Books of Accounts of Atty. Raquel G.
Kho, Clerk Court IV, RTC, Oras Eastern Samar
[2007] as servants of the law and officers of the
court, lawyers are required to be at the forefront of
observing and maintaining the rule of law. They are
expected to make themselves exemplars worthy of
emulation.
By definition, any act of omission contrary to law is
unlawful. It does not necessarily imply the element
of criminality although it is broad enough to
include it. Thus, the presence of evil intent on the
part of the lawyer is not essential in order to bring
his act or omission within the terms of Rule 1.01,
which specifically prohibits lawyers from engaging
in unlawful conduct.
Notary Public one who is commissioned by the
SC to certify to the due execution and delivery of
the document under his hand and seal. By the fact
that a document is notarized, it means that the
private document becomes or is converted to a
public document.
Each notary public is commissioned to serve within
a certain area only.
Tan Tiong Bio v. Gonzales we have, time and
again, held that the courts disciplinary authority
cannot be defeated or frustrated by a mere delay
in filing a complaint, or by the complainants
motivation to do so. The practice of law is so
delicately affected by public interest that it is both
a right and a duty of the state to control and
regulate it in order to protect and promote public
welfare. The administrative complaint against a
layer does not prescribe.

Three tests [citing Samala v. Valencia]:


1. When on behalf of one client, it is the lawyers
duty to contend for that which his duty to
another client requires him to oppose

Legal profession Professor ROSA Juan-Bautista 9


2.

3.

Whether the acceptance by the lawyer of


the new lawyer-client relationship will
prevent him from discharging fully his
duty of undivided fidelity and loyalty to
another client
Whether acceptance of the new lawyerclient relationship will invite suspicion of
unfaithfulness or double dealing in the
performance of his duties to another client
Even if it was pro bono it can still give rise
to conflict of interest
The rationale for the prohibition is that the
relation between lawyer and client is one
of trust and confidence. The lawyer would

be in a position be in a position to reveal


confidential information against his client.
Even if the current case is totally unrelated
it can still give rise to conflict of interests
because what is important is not the
passing of confidential information but the
relationship of the lawyer and client which
is one of trust and confidence. As long as
he might need to oppose for his duty to
another client it is already sufficient basis
for conflict.
A lawyer who represents conflicting
interests
is
guilty
of
professional
misconduct.

To represent to parties with conflicting


interests is NOT allowed however Maam thinks
that to help FACILITATE the claim of the other
party (but not represent them) is allowable but
it might invite suspicion and double dealing
from the employer.
A lawyer who is responsible for the testate
representation and extra-judicial partition of an
estate CANNOT represent any one of the heirs
in order to sue another heir
When clients die possibility of conflicts of
interest are no longer possible. Death of a
client divests counsel of authority to represent
him therefore there is no lawyer-client
relationship.

COMPENSATION OF ATTOREY

In fixing his fees, the lawyer must always


remember that law is a profession, not a
business and that the main function of a
lawyer is to aid in the administration of
justice.
The duty of the court is not only to see
that the lawyer acts in a proper and lawful
manner but also to see to it that the
lawyer is paid his just fees.
For a lawyer to be able to collect from his
client there must be an attorney-client
relationship wherein the lawyer rendered
services.
If a lawyer renders services over the
objection of client he may NOT collect
because there is NO lawyer-client
relationship.
Even if there is no written contract a
lawyer-client relationship may be implied
and the lawyer may recover Quantum

meruit (based on merit). Even if the service


is purely administrative.
If a third person hires the lawyer for his
services, the lawyer cannot collect from his
would be client if there was no ratification
of the authority of the 3rd person to contract
legal services because there is no lawyerclient relationship between the person and
the lawyer.
Public officials must be represented by the
solicitor general.
If the client told the lawyer not to appeal
but the lawyer appealed anyway and won,
he cannot collect fees.
If the fee fixed is unconscionable even if the
client agreed to it the court may fix the
compensation taking into consideration
Rule 20.01 [A lawyer shall be guided by
the following factors in determining his
fees:

(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.]

ATTORNEYS FEES

If a lawyer partner dies his name must be


dropped from the firm name, the firm can
make a list including him as a previous
partner

Lawyers fee cannot come from the


judgment money
Lawyers fee cannot be split with a NON
lawyer

A public official that is a member of an


LGU can represent his locality but cannot
charge for such representation because it
is part of their duty.

Legal profession Professor ROSA Juan-Bautista 10

Champertous Contract a lawyer


agrees to conduct the litigation on his own
account and to pay the expenses thereof,
and to receive as his fee a portion of the
proceeds of the judgment. It is contrary to
public policy and invalid because it
violates the fiduciary relationship between
the lawyer and his client. (Bautista v.
Gonzales)
o The reason why it is against public
policy is because the lawyer acquires
a stake in the outcome of the litigation
and may make him place his own
interest above that of the client
Contingent
Fee
Contract

an
agreement in which the lawyers fee,
usually a fixed percentage of what may be
recovered in the action, is made to
depend upon the success in the effort to
enforce or defend the clients right. The
lawyer does not undertake to shoulder the
expenses of the litigation whatever he
advanced will be reimbursed. The lawyer
does not receive as his fee a portion of
the proceeds of the judgment.
Min amount of court appointed fees
for counsel de oficio with indigent
clients P30 any case, P50 light
felonies, P100 less grave felonies and
P200 Grave felonies.

Even if a contract is rendered void a


lawyer can still collect fees if the
declaration of nullity is not his fault
because he still rendered services.
If there is a conflict of interest a lawyer
cannot collect fees
Dee v. CA There was an implied
lawyer-client relationship even though
there was conflict of interest. The clients
still agreed and engaged Mutucs services
therefore Dee owes Mutuc his professional
fees.
o A lawyer is entitled to have and
receive the just and reasonable
compensation for services rendered at
the special instance and request of his
client and as long as he is honestly
and in good faith, trying to serve and
represent the interests of his client,
the father is bound to pay his just
fees.
A lawyer representing himself can collect
attorneys fees if it were for any of the
reasons in ART 2208 of the CC.
Art. 2208. In the absence of stipulation,
attorney's fees and expenses of litigation,
other than judicial costs, cannot be
recovered, except:
1. When
exemplary
damages
are

awarded;
When the defendant's act or omission
has compelled the plaintiff to litigate
with third persons or to incur
expenses to protect his interest;
3. In criminal
cases of
malicious
prosecution against the plaintiff;
4. In case of a clearly unfounded civil
action or proceeding against the
plaintiff;
5. Where the defendant acted in gross
and evident bad faith in refusing to
satisfy the plaintiff's plainly valid, just
and demandable claim;
6. In actions for legal support;
7. In actions for the recovery of wages of
household helpers, laborers and
skilled workers;
8. In actions for indemnity under
workmen's
compensation
and
employer's liability laws;
9. In a separate civil action to recover
civil liability arising from a crime;
10. When at least double judicial costs are
awarded;
11. In any other case where the court
deems it just and equitable that
attorney's fees and expenses of
litigation should be recovered.
In all cases, the attorney's fees and
expenses of litigation must be reasonable.
2.

ATTORNEYS LIEN
Retaining Lien the right of an attorney to
retain possession of a clients funds,
documents, papers, securities or other
property which have lawfully com into his
possession and may retain the same until his
lawful fees for services and disbursements are
paid, and may apply such funds to the
satisfaction thereof. It takes effect from the
time of lawful possession; it does not require
notice upon the client and the adverse party
to be effective. It is a general lien that exists
only as long as the attorney retains
possession of the subject matter.

Charging Lien the equitable right of the


attorney to have the fees due him for his
services be secured out of the judgment for
the payment of money and executions issued
in the pursuance thereof in the particular suit.
It is an abstract but potential right until it is
made active and operative by recording a
statement of claim in the case and serving
notice thereof to the client and the adverse
party. It is based on the natural equity that a
client should not be allowed to appropriate
the whole of a judgment in his favor without

paying the services of his counsel in obtaining


or helping obtain such judgment. It is a
special lien for the client in that case. It can
be effectively entered before judgment is
rendered, though it can be enforced after the
judgment is secured.
Why is it a general rule that attorneys
fees are NOT recoverable in the absence
of stipulation?

SC said that it would place a premium on


litigation it would make trials into a
trade instead of profession.

Legal profession Professor ROSA Juan-Bautista 11


LIABILITIES OF A LAWYER
A lawyer can be held civilly and criminally liable for various acts in connection with the performance of his/her duties
SUSPENSION AND DISBARMENT

A disbarred lawyer who continues to practice should be cited for contempt and advised that it prejudices his chances for reconsideration by the OCA.
A disbarred lawyer can appear in court to represent himself. He can also appear in the Metropolitan Trial Court or the Municipal Trial Court in person or
with the aid of an agent or friend appointed by him or with the aid of an attorney .

CODE FOR COURT PERSONNEL


NEW CODE OF JUDICIAL CONDUCT
CODE OF PROFESSIONAL RESPONSIBILITY (Promulgated June 21, 1988)
CHAPTER I. THE LAWYER AND SOCIETY
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.
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.
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.
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.
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.
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.
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD
THE INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.
Rule 7.01 - A lawyer shall be answerable for knowingly
making a false statement or suppressing a material fact
in connection with his application for admission to the
bar.
Rule 7.02 - A lawyer shall not support the application for
admission to the bar of any person known by him to be
unqualified in respect to character, education, or other
relevant attribute.
Rule 7.03 - A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor shall
he whether in public or private life, behave in a
scandalous manner to the discredit of the legal
profession.

Legal profession Professor ROSA Juan-Bautista 12


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 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.
CHAPTER III. THE LAWYER AND THE COURTS
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.
CANON 11 - A LAWYER SHALL OBSERVE AND

MAINTAIN THE RESPECT DUE TO THE COURTS


AND TO JUDICIAL OFFICERS AND SHOULD INSIST
ON SIMILAR CONDUCT BY OTHERS.
Rule 11.01 - A lawyer shall appear in court properly
attired.
Rule 11.02 - A lawyer shall punctually appear at court
hearings.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before
the Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no
materiality to the case.
Rule 11.05 - A lawyer shall submit grievances against
a Judge to the proper authorities only.
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST
IN
THE
SPEEDY
AND
EFFICIENT
ADMINISTRATION OF JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless
he has adequately prepared himself on the law and
the facts of his case, the evidence he will adduce and
the order of its 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.
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:
(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

Legal profession Professor ROSA Juan-Bautista 13


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:
(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:
(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.

Legal profession Professor ROSA Juan-Bautista 14


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

A.M NO. 10-10-4-SC [RE: LETTER OF THE UP FACULTY]

handling of the matter.