Cases, Canons, and Doctrines

INTRODUCTION &
ADMISSION TO OFFICE
1. Director of Religious Affairs
vs. Bayot

2. Ledesma vs. Climaco

3. Cui vs. Cui

CANON

DOCTRINE

Canon 2
Rule 2.03 - A lawyer shall not
do or permit to be done any
act designed primarily to solicit
legal business.
Canon 2
Rule 2.01 - A lawyer shall not
reject, except for valid
reasons, the cause of the
defenseless or the oppressed.
*Ito na pinaka malapit:

Law is a profession and not a

trade.

Rule 138
such admission requires
passing the Bar examination,
taking lawyers oath and
receiving certificate from the
Clerk of Court.

4. Villegas vs. Legaspi

Canon 6
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.

Membership in the bar is a

privilege burdened with
condition. The law is dedicated
to the ideal of service and not
a mere trade.
A Bachelors degree alone,
conferred by a law school
upon completion of a certain
academic requirements, does
not entitle its holder to
exercise the legal profession.
The English equivalent of
abogado s lawyer or attorneyat-law. This term has a fixed
and general signification, and
has reference to that class of
persons who are by license
officers of the courts,
empowered to appear,
prosecute and defend, and
upon whom peculiar duties,
responsibilities and liabilities
are devolved by law as
consequence.
It should be borne in mind
that Courts of First Instance
have dual "personality".
Depending on the case before
it, said Courts can be either of
appellate or original
jurisdiction. The question then
to be resolved is whether or
not Assemblymen can appear
as counsel before Courts of
First Instance in cases
originally filed with them.
It is contended, however, that
the Courts of First Instance in
these two cases took
cognizance of the suits in the
exercise of their exclusive
original and not appellate
jurisdiction, hence,
Assemblymen Fernandez and
Legaspi are still prohibited
from appearing before said

5. Enriquez vs. Gimenez

Canon 20
Rule 20.01
The services of the petitioner
having been engaged by the
municipal council and mayor
without authority of law, the
Auditor General was correct in
disallowing in audit the
petitioner's claim for payment
of attorney's fees.

6. Salcedo vs. Hernandez

Canon 11
Rule 11.03 - A lawyer shall
abstain from scandalous,
offensive or menacing
language or behavior before
the Courts.

Courts as counsel. There is

merit to this contention.
The Provincial Fiscal is the
legal adviser of the mayor and
counsel of the various
municipalities of a province
and it is his duty to represent
the municipality in any court
except when he is disqualified
by law, which in this case he is
not. A fiscal cannot refuse the
performance of his functions
on grounds not provided for by
law without violating his oath
of office. Instead of engaging
the services of a special
attorney, the municipal council
should have requested the
Secretary of Justice to appoint
an acting provincial fiscal in
place of the provincial fiscal
who had declined to handle
and prosecute its case in
court.
It is right and plausible that an
attorney, in defending the
cause and rights of his client,
should do so with all the fervor
and energy of which he is
capable, but it is not, and
never will be so for him to
exercise said right by resorting
to intimidation or proceeding
without the propriety and
respect which the dignity of
the courts require. The reason
for this is that respect of the
courts guarantees the stability
of their institution. Without
such guaranty, said institution
would be resting on a very
shaky foundation.
As a member of the bar and
an officer of this court,
Attorney Vicente J. Francisco,
as any attorney, is in duty
bound to uphold its dignity and
authority and to defend its
integrity, not only because it
has conferred upon him the
high privilege, not right
(Malcolm, Legal Ethics, 158
and 160), of being what he
now is.

7. Alawi vs. Alauya

*Ito na pinaka malapit:

Rule 138
such admission requires
passing the Bar examination,
taking lawyers oath and
receiving certificate from the
Clerk of Court.

8. Pangan vs. Dionisio Ramos

Canon 10
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.

9. PLA vs. Agrava

Admission To Office

10. Ui vs. Iris Bonifacio

Canon 1
Rule 1.01 - A lawyer shall not
engage in unlawful, dishonest,
immoral or deceitful conduct.

The term attorney is

reserved for those who
pass the Philippine Bar. It
cannot be used by those
who only took and passed
the Sharia Bar
Public officials and
employees must, at all
times, respect the rights of
others and refrain from
doing any acts contrary to
law, good morals, public
policy, good customs, and
public order.
The duty of an attorney to the
courts to employ, for the
purpose of maintaining the
causes confided to him, such
means as are consistent with
truth and honor cannot be
overempahisized. These
injunctions circumscribe the
general duty of entire devotion
of the attorney to the client. As
stated in a case, his I nigh
vocation is to correctly inform
the court upon the law and the
facts of the case, and to aid it
in doing justice and arriving at
correct conclusions. He
violates Ms oath of office
,when he resorts to deception
or permits his client to do so."
The practice of law
embraces any activity, in
or out of the Court, which
requires the application of
law, legal principle,
practice or procedure and
calls for legal knowledge,
training or experience.
In the exercise of police
power, the legislature may
regulate the practice of
law by requiring further
examination in order to
practice before any quasijudicial or administrative
agency.
Immorality connotes conduct
that shows indifference to the
moral norms of society and
the opinion of good and
respectable members of the

*But in this case Ui may be

imprudent in managing her
affairs but it was not
tantamount to gross immoral
conduct.

11. Deles vs. Aragona

12. Blanza vs. Arcangel

Canon 10
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.

Canon1
Rule 1.03 - A lawyer shall not,
for any corrupt motive or
interest, encourage any suit or
proceeding or delay any man's
cause.
*But the case was dismissed
and the lawyer was not
reprimanded.

community. Moreover, for such

conduct to warrant disciplinary
action, the same must be
grossly immoral, that is, it
must be so corrupt and false
as to constitute a criminal act
or so unprincipled as to be
reprehensible to a high
degree.
All the facts taken together
leads to the inescapable
conclusion that respondent
was imprudent in managing
her personal affairs. However,
the fact remains that her
relationship with Carlos Ui,
clothed, as it was with what
respondent believed was a
valid marriage couldnt be
considered immoral.
There was no contempt.
Even when the statements
are found to be false, if there
is probable cause for belief in
their truthfulness and the
charge is made in good faith,
the mantle of privilege may
still cover the mistake of the
individual. Xxx. The ultimate
test is that of bona fides.
Indeed, the actuations of Atty.
Aragano were motivated by
the legitimate desire to serve
the interests of his clients -Mrs. Soriano informed Atty.
Aragano of the incident
coupled with Deles'
admissions.
A lawyer has a more dynamic
and positive role in the
community than merely
complying with the minimal
technicalities of the statute. As
a man of law, he is necessarily
a leader of the community,
looked up to as a model
citizen. His conduct must,
perforce, be par excellence,
especially so when, as in this
case, he volunteers his
professional services.
Respondent here has not lived

13. Zoreta vs. Simpliciano

Canon 1
Rule 1.01 - A lawyer shall not
engage in unlawful, dishonest,
immoral or deceitful conduct.
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.

14. A-1 Financial Services,

Inc. vs. Valerio

Canon 1
Rule 1.01A lawyer shall not
engage in unlawful, dishonest,
immoral or deceitful conduct.

15. 2003 Bar Examination Bar

Matter No. 1222

Canon 1
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

up to that ideal standard. It

was unnecessary to have
complainants wait, and hope,
for six long years on their
pension claims. Upon their
refusal to co-operate,
respondent should have
forthwith terminated their
professional relationship
instead of keeping them
hanging indefinitely. And
although We voted that he not
be reprimanded, in a legal
sense, let this be a reminder
to Atty. Arcangel of what the
high standards of his chosen
profession require of him.
The requirements for the
issuance of a commission as
notary public must not be
treated as a mere casual
formality. The Court has
characterized a lawyers act of
notarizing documents without
the requisite commission
therefore as reprehensible,
constituting as it does not only
malpractice but also x x x the
crime of falsification of public
documents. For such
reprehensible conduct, the
Court has sanctioned erring
lawyers by suspension from
the practice of law, revocation
of the notarial commission and
disqualification from acting as
such, and even disbarment.
They [lawyers] must at all
times faithfully perform their
duties to society, to the bar,
the courts and to their clients,
which include prompt payment
of financial obligations. They
must conduct themselves in a
manner that reflects the
values and norms of the legal
profession as embodied in the
Code of Professional
Responsibility.
Of all classes and
professions, the lawyer is
most sacredly bound to uphold
the laws. He is their sworn
servant; and for him, of all
men in the world, to repudiate
and override the laws, to

aimed at defiance of the law or

at lessening confidence in the
legal system.

16. In Re: Petition to Sign in

the Roll of Attorneys, Medado

CANON 9 - A lawyer shall not,

directly or indirectly, assist in
the unauthorized practice of
law.

17. In Re: David

Canon 1 - A lawyer shall

uphold the constitution, obey
the laws of the land and
promote respect for law of and
legal processes.

18. PLA vs. Agrava

Admission To Office

trample them underfoot and to

ignore the very bands of
society, argues recreancy to
his position and office and sets
a pernicious example to the
insubordinate and dangerous
elements of the body politic.
While a reading of Canon 9
appears to merely prohibit
lawyers from assisting in the
unauthorized practice of law,
the unauthorized practice of
law by the lawyer himself is
subsumed under this
provision, because at the
heart of Canon 9 is the
lawyer's duty to prevent the
unauthorized practice of law.
This duty likewise applies to
law students and Bar
candidates. As aspiring
members of the Bar, they are
bound to comport themselves
in accordance with the ethical
standards of the legal
profession.
Neither can he [the lawyer]
allow his name to appear in
such pleading by itself or as
part of firm name under the
signature of another qualified
lawyer because the signature
of an agent amounts to
signing of a non-qualified
senator or congressman, the
office of an attorney being
originally an agency, and
because he will, by such act,
be appearing in court or quasijudicial or administrative body
in violation of the constitutional
restriction.
He cannot do indirectly what
the Constitution prohibits
directly.
The practice of law
embraces any activity, in
or out of the Court, which
requires the application of
law, legal principle,
practice or procedure and
calls for legal knowledge,
training or experience.
In the exercise of police

power, the legislature may

regulate the practice of
law by requiring further
examination in order to
practice before any quasijudicial or administrative
agency.
19. Cayetano vs. Monsod

Introduction:
What constitutes practice of
law?

20. De Leon vs. CA

Canon 1 - A lawyer shall

uphold the constitution, obey
the laws of the land and
promote respect for law of and
legal processes.

21. Soriano vs. Dizon

Ito na pinakamalapit:

22. Metrobank vs. CA

Sec 27 of Rule 138 of Rules of

Court, conviction for a crime
involving moral turpitude is a
ground for disbarment or
suspension. By such
conviction, a lawyer is deemed
to have become unfit to
uphold the administration of
justice and to be no longer
possessed of good moral
character.
Canon 16
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

Practice of law means any

activity, in or out of Court
which requires the application
of law, legal procedures,
knowledge, training and
experience.
The mere fact that a position
belongs to the Career Service
does not automatically confer
security of tenure on its
occupant even if he does not
possess the required
qualifications. Such right will
have to depend on the nature
of his appointment, which in
turn depends on his eligibility
or lack of it. A person who
does not have the requisite
qualifications for the position
cannot be appointed to it in
the first place or, only as an
exception to the rule, may be
appointed to it merely in an
acting capacity in the absence
of appropriate eligibles. The
appointment extended to him
cannot be regarded as
permanent even if it may be
so designated.
The purpose for a proceeding
of disbarment is to protect the
administration of justice by
requiring that those who
exercise this important
function to be competent,
honorable and reliable
lawyers in whom courts and
clients may repose
confidence
*Disbarment; frustrated
homicide
A charging lien, to be
enforceable as security for the
payment of attorney's fees,
requires as a condition sine
qua non a judgment for money
and execution in pursuance of

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.
23. Reyes vs. Gaa

Revised Rules of Court, Rule

138, Section 27
Violation of Lawyers Oath

24. Ting Dumali vs. CA

Canon 1 - A lawyer shall

uphold the constitution, obey
the laws of the land and
promote respect for law and
for 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.
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 7.03 - A lawyer shall not
engage in conduct that

such judgment secured in the

main action by the attorney in
favor of his client.
A lawyer may enforce his
right to fees by filing the
necessary petition as an
incident in the main action in
which his services were
rendered when something is
due his client in the action
from which the fee is to be
paid.
Where the misconduct of a
lawyer as a government
official is of such a character
as to affect his qualification as
a lawyer or to show moral
delinquency, then he may be
disciplined as a member of the
bar on such ground.
The extortion committed by
respondent constitutes
misconduct as a public official,
which also constitutes a
violation of his oath as a
lawyer. The lawyer's oath ,
imposes upon every lawyer
the duty to delay no man for
money or malice. The lawyer's
oath is a source of his
obligations and its violation is
a ground for his suspension,
disbarment or other
disciplinary action.
All of these underscore the
role of a lawyer as the
vanguard of our legal system.
When the respondent took the
oath as a member of the legal
profession, he made a solemn
promise to so stand by his
pledge. In this covenant,
respondent miserably failed.

adversely reflects on his

fitness to practice law, nor
should he, whether in public or
private life, behave in a
scandalous manner to the
discredit of the legal
profession.
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.
25. People vs. Tuanda

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.
Sections 27 and 28 of Rule
138 of the Revised Rules of
Court
Sec. 27. Attorneys renewed or
suspended by Supreme Court
on what grounds. A member of
the bar may be removed or
suspended from his office as
attorney by the Supreme
Court of any deceit,
malpractice, or other gross
misconduct in such office,
grossly immoral conduct, or by
reason of his conviction of a
crime involving moral
turpitude, or for any violation
of the oath which he is
required to take before
admission to practice, or for a
wilful disobedience of any
lawful order of a superior
court, or for corruptly or wilfully
appearing as an attorney for a
party to a case without
authority so to do. The
practice of soliciting cases at
law for the purpose of gain,
either personally or through

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."

paid agents or brokers,

constitutes malpractice. (Italics
supplied)

26. In Re: Elmo S. Abad, B.M.

N. 139

Sec. 28. Suspension of

attorney by the Court of
Appeals or a Court of First
Instance. The Court of
Appeals or a Court of First
Instance may suspend an
attorney from practice for any
of the causes named in the
last preceding section, and
after such suspension such
attorney shall not practice his
profession until further action
of the Supreme Court in the
premises.
Rule 138, Secs. 17 and 19,
Rules of Court
Section 17. Admission and
oath of successful applicants.
An applicant who has
passed the required
examination, or has been
otherwise found to be entitled
to admission to the bar, shall
take and subscribe before the
Supreme Court the
corresponding oath of office.

27. Aguirre vs. Rana

The proven charge against

respondent Abad constitutes
contempt of court (Rule 71,
Sec. 3(e), Rules of Court.)

Section 19. Attorney's roll.

The clerk of the Supreme
Court shall kept a roll of all
attorneys admitted to practice,
which roll shall be signed by
the person admitted when he
receives his certificate.

Respondent Abad should

know that the circumstances
which he has narrated do not
constitute his admission to the
Philippine Bar and the right to
practise law thereafter.

Admission to Office:

It is upon signing the roll of

Attorney that one becomes a
full-fledged lawyer, prior to
which one has no authority to
practice law.
"The power to regulate the
conduct and qualifications of
its officers does not depend
upon constitutional or statutory
grounds. It is a power which is
inherent in this court as a
court appropriate, indeed
necessary, to the proper
administration of justice ... the
argument that this is an
arbitrary power which the

What Constitutes the practice

of law?
28. In Re: Atty. Marcial Edillion

The two essential requisites

for becoming a lawyer still had
to be performed, namely: his
lawyer's oath to be
administered by this Court and
his signature in the Roll of
Attorneys. (Rule 138, Secs. 17
and 19, Rules of Court.).

Par. 2 Section 24, Article Ill of

the IBP By-Laws (supra),
whereas the authority of the
Court to issue the order
applied for is found in Section
10 of the Court Rule.
SEC. 10. Effect of nonpayment of dues. Subject
to the provisions of Section 12
of this Rule, default in the

payment of annual dues for six

months shall warrant
suspension of membership in
the Integrated Bar, and default
in such payment for one year
shall be a ground for the
removal of the name of the
delinquent member from the
Roll of Attorneys.

court is arrogating to itself or

accepting from the legislative
likewise misconceives the
nature of the duty. It has
limitations no less real
because they are inherent. It
is an unpleasant task to sit in
judgment upon a brother
member of the Bar, particularly
where, as here, the facts are
disputed. It is a grave
responsibility, to be assumed
only with a determination to
uphold the Ideals and
traditions of an honorable
profession and to protect the
public from overreaching and
fraud. The very burden of the
duty is itself a guaranty that
the power will not be misused
or prostituted. ..."
We [the Court] thus reach the
conclusion that the provisions
of Rule of Court 139-A and of
the By-Laws of the Integrated
Bar of the Philippines
complained of are neither
unconstitutional nor illegal.

ADMISSION TO PRACTICE
1. In Re: Lanuevo

CANON
*Ito na pinaka malapit:
Sec 2 Rule 138
such admission requires good
moral character

2. First Lepanto Ceramics, Inc.

vs. CA

Canon 10
Rule 10.03 - A lawyer shall
observe the rules of procedure
and shall not misuse them to
defeat the ends of justice.

DOCTRINE
Sec. 2 of Rule 138 of the
Revised Rules of Court of
1964, candidates for
admission to the Bar must be
of good moral character.
Galang has pending criminal
cases of Physical Injuries, he
committed perjury when he
declared under oath that he
had no pending criminal case
this resulted him to revoked
his license.
The substantive right to
appeal from decisions or
orders of the BOI under EO
226 remains and continues to
be respected. Circular I-91
simply transferred the venue
of the appeals from the
decisions of this agency to
respondent CA and a different

3. In Re: Cunanan

Admission To Practice:
Who may be admitted and
may continue in the practice of
law?

4. Kuroda vs. Jalandoni

Canon 1 - A lawyer shall

uphold the Constitution, obey
the laws of the land and
promote respect for law of and
legal processes.

5. Omico Mining & Industrial

Corp. vs. Vallejos

Rule 1.01 - A lawyer shall not

engage in unlawful, dishonest,
immoral or deceitful conduct.

period of appeal 15 days from

notice (sa EO 226 30 days
from receipt of decision). It did
not make an incursion into the
right to appeal
It is the primary and inherent
prerogative of the Supreme
Court to render the ultimate
decision on who may be
admitted and may continue in
the practice of law according
to existing rules.
It cannot be denied that the
rules and regulation of the
Hague and Geneva
conventions form, part of and
are wholly based on the
generally accepted principals
of international law. In facts
these rules and principles
were accepted by the two
belligerent nations the United
State and Japan who were
signatories to the two
Convention. Such rule and
principles therefore form part
of the law of our nation even if
the Philippines was not a
signatory to the conventions
embodying them for our
Constitution has been
deliberately general and
extensive in its scope and is
not confined to the recognition
of rule and principle of
international law as contained
in treaties to which our
government may have been or
shall be a signatory.
This inhibitory rule makes it
obligatory upon the judicial
officers concerned to give their
full time and attention to their
judicial duties, prevent them
from extending special favors
to their own private interests
and assure the public of their
impartiality in the performance
of their functions. These
objectives are dictated by a
sense of moral decency and
the desire to promote the
public interest. Private
respondent should have
known or ought to know that
when he was elevated to the

bench of the CFI as a judge

thereof, his right to practice
law as an attorney was
suspended and continued to
be suspended as long as he
occupied the judicial position.
Judge entered into a contract
of personal and professional
services with private
individuals to head
defendants legal department
for a fixed yearly salary. The
challenged judgment seeks to
enforce a contract which is
patently void because it is
contrary to law and public
policy. The contract of
professional services entered
into between private
respondent and the
petitioners, while the former
was still a judge of the Court
of First Instance, constituted
private practice of law in
contravention of Section 35 of
Rule 138 of the Revised Rules
of Court. The aforecited rule
was promulgated by this Court
pursuant to its constitutional
power to regulate the practice
of law. It is based on sound
reasons of public policy, for
there is no question that the
rights, duties, privileges and
functions of the office of an
attorney-at-law are so
inherently incompatible with
the high official functions,
duties, powers, discretions
and privileges of a Judge of
the CFI