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PALE ASSIGNMENT NOVEMBER 26, 2014 CODE OF PROFESSIONAL RESPONSIBILITY

UP TO CANON 6 (Promulgated June 21, 1988)

LAWYERS OATH CHAPTER I. THE LAWYER AND SOCIETY

RULE 138 CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,


OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR
BAR MATTER NO. 850 AND 1922 LAW OF AND LEGAL PROCESSES.

ZAGUIRRE VS. CASTILLO A.C. NO. 4921 MARCH 6, 2003 Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
ZARI VS. FLORES A.M. NO. (2170-MC) P-1356. NOVEMBER
21, 1979 Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at lessening
NUEZ VS. ASTORGA A.C. NO. 6131. FEBRUARY 28, 2005
confidence in the legal system.
GUEVARRA VS. EALA A.C. NO. 7136. AUGUST 1, 2007
Rule 1.03 - A lawyer shall not, for any corrupt motive
UI VS. BONIFACIO A.C. NO. 3319. JUNE 8, 2000 or interest, encourage any suit or proceeding or
delay any man's cause.
TOLEDA VS. ABALOS A.C. NO. 5141. SEPTEMBER 29, 1999
Rule 1.04 - A lawyer shall encourage his clients to
BUSTAMANTE-ALEJANDRO VS. ALEJANDRO A.C. NO. 4256. avoid, end or settle a controversy if it will admit of a
FEBRUARY 13, 2004 fair settlement.

CHUA VS. MESINA A.C. NO. 4904. AUGUST 12, 2004 CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER
PETITION FOR AUTHORITY TO CONTINUE USE OF THE FIRM COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
NAME "SYCIP, SALAZAR, FELICIANO, HERNANDEZ & EFFECTIVENESS OF THE PROFESSION.
CASTILLO." G.R. NO. X92-1. JULY 30, 1979
Rule 2.01 - A lawyer shall not reject, except for valid
ULEP VS. THE LEGAL CLINIC, INC. B.M. NO. 553 . JUNE 17, reasons, the cause of the defenseless or the
1993 oppressed.
LIM VS. BARCELONA A.C. NO. 5438. MARCH 10, 2004

PCGG VS. SANDIGANBAYAN GR NO. 151809-12 APRIL 2005


Rule 2.02 - In such cases, even if the lawyer does not CANON 4 - A LAWYER SHALL PARTICIPATE IN THE
accept a case, he shall not refuse to render legal DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
advice to the person concerned if only to the extent SUPPORTING EFFORTS IN LAW REFORM AND IN THE
necessary to safeguard the latter's rights. IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.

Rule 2.03 - A lawyer shall not do or permit to be done CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
any act designed primarily to solicit legal business. DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
Rule 2.04 - A lawyer shall not charge rates lower than HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
those customarily prescribed unless the PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
circumstances so warrant. DISSEMINATING THE LAW AND JURISPRUDENCE.

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. TASKS.

Rule 3.01 - A lawyer shall not use or permit the use of Rule 6.01 - The primary duty of a lawyer engaged in
any false, fraudulent, misleading, deceptive, public prosecution is not to convict but to see that
undignified, self-laudatory or unfair statement or justice is done. The suppression of facts or the
claim regarding his qualifications or legal services. concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and
Rule 3.02 - In the choice of a firm name, no false,
is cause for disciplinary action.
misleading or assumed name shall be used. The
continued use of the name of a deceased partner is Rule 6.02 - A lawyer in the government service shall
permissible provided that the firm indicates in all its not use his public position to promote or advance his
communications that said partner is deceased. private interests, nor allow the latter to interfere with
his public duties.
Rule 3.03 - Where a partner accepts public office, he
shall withdrawal from the firm and his name shall be Rule 6.03 - A lawyer shall not, after leaving
dropped from the firm name unless the law allows government service, accept engagement or
him to practice law currently. employment in connection with any matter in which
he had intervened while in said service.
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. LAWYERS OATH
I, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines, I will support the 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 wittingly or
willingly 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 these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.

RULE 138

Attorneys and Admission to Bar

Section 1. Who may practice law. Any person


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

Section 2. Requirements for all applicants for admission


to the bar. Every applicant for admission as a member of
the bar must be a citizen of the Philippines, at least twenty-
one years of age, of good moral character, and resident of appeals or district court therein, or in the highest court of
the Philippines; and must produce before the Supreme Court any State or Territory of the United States, and who can
satisfactory evidence of good moral character, and that no show by satisfactory certificates that they have practiced at
charges against him, involving moral turpitude, have been least five years in any of said courts, that such practice
filed or are pending in any court in the Philippines. began before July 4, 1946, and that they have never been
suspended or disbarred, may, in the discretion of the Court,
Section 3. Requirements for lawyers who are citizens of be admitted without examination.
the United States of America. Citizens of the United
States of America who, before July 4, 1946, were duly Section 5. Additional requirements for other applicants.
licensed members of the Philippine Bar, in active practice in All applicants for admission other than those referred to
the courts of the Philippines and in good and regular in the two preceding section shall, before being admitted to
standing as such may, upon satisfactory proof of those facts the examination, satisfactorily show that they have regularly
before the Supreme Court, be allowed to continue such studied law for four years, and successfully completed all
practice after taking the following oath of office: prescribed courses, in a law school or university, officially
approved and recognized by the Secretary of Education. The
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted affidavit of the candidate, accompanied by a certificate from
to continue in the practice of law in the Philippines, do the university or school of law, shall be filed as evidence of
solemnly swear that I recognize the supreme authority of such facts, and further evidence may be required by the
the Republic of the Philippines; I will support its Constitution court.
and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor No applicant shall be admitted to the bar examinations
consent to the doing of any in court; I will not wittingly or unless he has satisfactorily completed the following courses
willingly promote or sue any groundless, false or unlawful in a law school or university duly recognized by the
suit, nor give aid nor consent to the same; I will delay no government: civil law, commercial law, remedial law,
man for money or malice, and will conduct myself as a criminal law, public and private international law, political
lawyer according to the best of may knowledge and law, labor and social legislation, medical jurisprudence,
discretion with all good fidelity as well as to the courts as to taxation and legal ethics.
my clients; and I impose upon myself this voluntary
obligation without any mental reservation or purpose of Section 6. Pre-Law. No applicant for admission to the
evasion. So help me God. bar examination shall be admitted unless he presents a
certificate that he has satisfied the Secretary of Education
Section 4. Requirements for applicants from other that, before he began the study of law, he had pursued and
jurisdictions. Applicants for admission who, being Filipino satisfactorily completed in an authorized and recognized
citizens, are enrolled attorneys in good standing in the university or college, requiring for admission thereto the
Supreme Court of the United States or in any circuit court of completion of a four-year high school course, the course of
study prescribed therein for a bachelor's degree in arts or Section 10. Bar examination, by questions and answers,
sciences with any of the following subjects as major or field and in writing. Persons taking the examination shall not
of concentration: political science, logic, english, spanish, bring papers, books or notes into the examination rooms.
history and economics. The questions shall be the same for all examinees and a
copy thereof, in English or Spanish, shall be given to each
Section 7. Time for filing proof of qualifications. All examinee. Examinees shall answer the questions personally
applicants for admission shall file with the clerk of the without help from anyone.
Supreme Court the evidence required by section 2 of this
rule at least fifteen (15) days before the beginning of the Upon verified application made by an examinee stating that
examination. If not embraced within section 3 and 4 of this his penmanship is so poor that it will be difficult to read his
rule they shall also file within the same period the affidavit answers without much loss of time., the Supreme Court may
and certificate required by section 5, and if embraced within allow such examinee to use a typewriter in answering the
sections 3 and 4 they shall exhibit a license evidencing the questions. Only noiseless typewriters shall be allowed to be
fact of their admission to practice, satisfactory evidence that used.
the same has not been revoked, and certificates as to their
professional standing. Applicants shall also file at the same The committee of bar examiner shall take such precautions
time their own affidavits as to their age, residence, and as are necessary to prevent the substitution of papers or
citizenship. commission of other frauds. Examinees shall not place their
names on the examination papers. No oral examination shall
be given.

Section 8. Notice of Applications. Notice of


applications for admission shall be published by the clerk of
the Supreme Court in newspapers published in Pilipino, Section 11. Annual examination. Examinations for
English and Spanish, for at least ten (10) days before the admission to the bar of the Philippines shall take place
beginning of the examination. annually in the City of Manila. They shall be held in four
days to be disignated by the chairman of the committee on
Section 9. Examination; subjects. Applicants, not bar examiners. The subjects shall be distributed as follows:
otherwise provided for in sections 3 and 4 of this rule, shall First day: Political and International Law (morning) and Labor
be subjected to examinations in the following subjects: Civil and Social Legislation (afternoon); Second day: Civil Law
Law; Labor and Social Legislation; Mercantile Law; Criminal (morning) and Taxation (afternoon); Third day: Mercantile
Law; Political Law (Constitutional Law, Public Corporations, Law (morning) and Criminal Law (afternoon); Fourth day:
and Public Officers); International Law (Private and Public); Remedial Law (morning) and legal Ethics and Practical
Taxation; Remedial Law (Civil Procedure, Criminal Procedure, Exercises (afternoon).
and Evidence); Legal Ethics and Practical Exercises (in
Pleadings and Conveyancing).
Section 12. Committee of examiners. Examinations examination, or as soon thereafter as may be practicable,
shall be conducted by a committee of bar examiners to be the committee shall file its report on the result of such
appointed by the Supreme Court. This committee shall be examination. The examination papers and notes of the
composed of a Justice of the Supreme Court, who shall act committee shall be filed with the clerk and may there be
as chairman, and who shall be designated by the court to examined by the parties in interest, after the court has
serve for one year, and eight members of the bar of the approved the report.
Philippines, who shall hold office for a period of one year.
The names of the members of this committee shall be Section 16. Failing candidates to take review course.
published in each volume of the official reports. Candidates who have failed the bar examinations for three
times shall be disqualified from taking another examination
Section 13. Disciplinary measures. No candidate shall unless they show the satisfaction of the court that they have
endeavor to influence any member of the committee, and enrolled in and passed regular fourth year review classes as
during examination the candidates shall not communicate well as attended a pre-bar review course in a recognized law
with each other nor shall they give or receive any school.
assistance. The candidate who violates this provisions, or
any other provision of this rule, shall be barred from the The professors of the individual review subjects attended by
examination, and the same to count as a failure against him, the candidates under this rule shall certify under oath that
and further disciplinary action, including permanent the candidates have regularly attended classes and passed
disqualification, may be taken in the discretion of the court. the subjects under the same conditions as ordinary students
and the ratings obtained by them in the particular subject.

Section 17. Admission and oath of successful applicants.


Section 14. Passing average. In order that a candidate An applicant who has passed the required examination, or
may be deemed to have passed his examinations has been otherwise found to be entitled to admission to the
successfully, he must have obtained a general average of 75 bar, shall take and subscribe before the Supreme Court the
per cent in all subjects, without falling below 50 per cent in corresponding oath of office.
any subjects. In determining the average, the subjects in the
examination shall be given the following relative weights: Section 18. Certificate. The supreme Court shall
Civil Law, 15 per cent; Labor and Social Legislation, 10 per thereupon admit the applicant as a member of the bar for all
cent; Mercantile Law, 15 per cent; Criminal Law; 10 per the courts of the Philippines, and shall direct an order to be
cent: Political and International Law, 15 per cent; Taxation, entered to that effect upon its records, and that a certificate
10 per cent; Remedial Law, 20 per cent; Legal Ethics and of such record be given to him by the clerk of court, which
Practical Exercises, 5 per cent. certificate shall be his authority to practice.

Section 15. Report of the committee; filing of examination Section 19. Attorney's roll. The clerk of the Supreme
papers. Not later than February 15th after the Court shall kept a roll of all attorneys admitted to practice,
which roll shall be signed by the person admitted when he (h) Never to reject, for any consideration personal to
receives his certificate. himself, the cause of the defenseless or oppressed;

Section 20. Duties of attorneys. It is the duty of an (i) In the defense of a person accused of crime, by all
attorney: fair and honorable means, regardless of his personal opinion
as to the guilt of the accused, to present every defense that
(a) To maintain allegiance to the Republic of the the law permits, to the end that no person may be deprived
Philippines and to support the Constitution and obey the of life or liberty, but by due process of law.
laws of the Philippines.
Section 21. Authority of attorney to appear. an attorney
(b) To observe and maintain the respect due to the is presumed to be properly authorized to represent any
courts of justice and judicial officers; cause in which he appears, and no written power of attorney
is required to authorize him to appear in court for his client,
(c) To counsel or maintain such actions or proceedings
but the presiding judge may, on motion of either party and
only as appear to him to be just, and such defenses only as
on reasonable grounds therefor being shown, require any
he believes to be honestly debatable under the law.
attorney who assumes the right to appear in a case to
(d) To employ, for the purpose of maintaining the causes produce or prove the authority under which he appears, and
confided to him, such means only as are consistent with to disclose, whenever pertinent to any issue, the name of
truth and honor, and never seek to mislead the judge or any the person who employed him, and may thereupon make
judicial officer by an artifice or false statement of fact or such order as justice requires. An attorneys wilfully appear
law; in court for a person without being employed, unless by
leave of the court, may be punished for contempt as an
(e) To maintain inviolate the confidence, and at every officer of the court who has misbehaved in his official
peril to himself, to preserve the secrets of his client, and to transactions.
accept no compensation in connection with his client's
business except from him or with his knowledge and Section 22. Attorney who appears in lower court
approval; presumed to represent client on appeal. An attorney who
appears de parte in a case before a lower court shall be
(f) To abstain from all offensive personality and to presumed to continue representing his client on appeal,
advance no fact prejudicial to the honor or reputation of a unless he files a formal petition withdrawing his appearance
party or witness, unless required by the justice of the cause in the appellate court.
with which he is charged;
Section 23. Authority of attorneys to bind clients.
(g) Not to encourage either the commencement or the Attorneys have authority to bind their clients in any case by
continuance of an action or proceeding, or delay any man's any agreement in relation thereto made in writing, and in
cause, from any corrupt motive or interest; taking appeals, and in all matters of ordinary judicial
procedure. But they cannot, without special authority, A client may at any time dismiss his attorney or substitute
compromise their client's litigation, or receive anything in another in his place, but if the contract between client and
discharge of a client's claim but the full amount in cash. attorney has been reduced to writing and the dismissal of
the attorney was without justifiable cause, he shall be
Section 24. Compensation of attorneys; agreement as to entitled to recover from the client the full compensation
fees. An attorney shall be entitled to have and recover stipulated in the contract. However, the attorney may, in the
from his client no more than a reasonable compensation for discretion of the court, intervene in the case to protect his
his services, with a view to the importance of the subject rights. For the payment of his compensation the attorney
matter of the controversy, the extent of the services shall have a lien upon all judgments for the payment of
rendered, and the professional standing of the attorney. No money, and executions issued in pursuance of such
court shall be bound by the opinion of attorneys as expert judgment, rendered in the case wherein his services had
witnesses as to the proper compensation, but may disregard been retained by the client.
such testimony and base its conclusion on its own
professional knowledge. A written contract for services shall Section 27. Attorneys removed or suspended by Supreme
control the amount to be paid therefor unless found by the Court on what grounds. A member of the bar may be
court to be unconscionable or unreasonable. removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross
Section 25. Unlawful retention of client's funds; contempt. misconduct in such office, grossly immoral conduct, or by
When an attorney unjustly retains in his hands money of reason of his conviction of a crime involving moral turpitude,
his client after it has been demanded, he may be punished or for any violation of the oath which he is required to take
for contempt as an officer of the Court who has misbehaved before the admission to practice, or for a wilfull
in his official transactions; but proceedings under this disobedience of any lawful order of a superior court, or for
section shall not be a bar to a criminal prosecution. corruptly or willful appearing as an attorney for a party to a
case without authority so to do. The practice of soliciting
Section 26. Change of attorneys. An attorney may
cases at law for the purpose of gain, either personally or
retire at any time from any action or special proceeding, by
through paid agents or brokers, constitutes malpractice.
the written consent of his client filed in court. He may also
retire at any time from an action or special proceeding, Section 28. Suspension of attorney by the Court of
without the consent of his client, should the court, on notice Appeals or a Court of First Instance. The Court of Appeals
to the client and attorney, and on hearing, determine that or a Court of First Instance may suspend an attorney from
he ought to be allowed to retire. In case of substitution, the practice for any of the causes named in the last preceding
name of the attorney newly employed shall be entered on section, and after such suspension such attorney shall not
the docket of the court in place of the former one, and practice his profession until further action of the Supreme
written notice of the change shall be given to the advance Court in the premises.
party.
Section 29. Upon suspension by the Court of Appeals or employed as counsel de oficio to be compensates in such
Court of First Instance, further proceedings in Supreme sum as the court may fix in accordance with section 24 of
Court. Upon such suspension, the Court of Appeals or the this rule. Whenever such compensation is allowed, it shall
Court of First Instance shall forthwith transmit to the be not less than thirty pesos (P30) in any case, nor more
Supreme Court a certified copy of the order of suspension than the following amounts: (1) Fifty pesos (P50) in light
and a full statement of the facts upon which the same was felonies; (2) One hundred pesos (P100) in less grave
based. Upon the receipt of such certified copy and felonies; (3) Two hundred pesos (P200) in grave felonies
statement, the Supreme Court shall make a full investigation other than capital offenses; (4) Five Hundred pesos (P500) in
of the facts involved and make such order revoking or capital offenses.
extending the suspension, or removing the attorney from his
office as such, as the facts warrant.

Section 33. Standing in court of person authorized to


appear for Government. Any official or other person
Section 30. Attorney to be heard before removal or appointed or designated in accordance with law to appear
suspension. No attorney shall be removed or suspended for the Government of the Philippines shall have all the
from the practice of his profession, until he has had full rights of a duly authorized member of the bar to appear in
opportunity upon reasonable notice to answer the charges any case in which said government has an interest direct or
against him, to produce witnesses in his own behalf, and to indirect.
be heard by himself or counsel. But if upon reasonable
notice he fails to appear and answer the accusation, the Section 34. By whom litigation conducted. In the court
court may proceed to determine the matter ex parte. of a justice of the peace a party may conduct his litigation in
person, with the aid of an agent or friend appointed by him
Section 31. Attorneys for destitute litigants. A court for the purpose, or with the aid an attorney. In any other
may assign an attorney to render professional aid free of court, a party may conduct his litigation personally or by aid
charge to any party in a case, if upon investigation it of an attorney, and his appearance must be either personal
appears that the party is destitute and unable to employ an or by a duly authorized member of the bar.
attorney, and that the services of counsel are necessary to
secure the ends of justice and to protect the rights of the Section 35. Certain attorneys not to practice. No judge
party. It shall be the duty of the attorney so assigned to or other official or employee of the superior courts or of the
render the required service, unless he is excused therefrom Office of the Solicitor General, shall engage in private
by the court for sufficient cause shown. practice as a member of the bar or give professional advice
to clients.
Section 32. Compensation for attorneys de oficio.
Subject to availability of funds as may be provided by the
law the court may, in its discretion, order an attorney
Section 36. Amicus Curiae. Experienced and impartial
attorneys may be invited by the Court to appear as amici
curiae to help in the disposition of issues submitted to it.

Section 37. Attorneys' liens. An attorney shall have a


lien upon the funds, documents and papers of his client
which have lawfully come into his possession and may
retain the same until his lawful fees and disbursements have
been paid, and may apply such funds to the satisfaction
thereof. He shall also have a lien to the same extent upon all
judgments for the payment of money, and executions issued
in pursuance of such judgments, which he has secured in a B.M. No. 850 August 22, 2000
litigation of his client, from and after the time when he shall MANDATORY CONTINUING LEGAL
EDUCATION
have the caused a statement of his claim of such lien to be
entered upon the records of the court rendering such
judgment, or issuing such execution, and shall have the
Republic of the Philippines
caused written notice thereof to be delivered to his client SUPREME COURT
and to the adverse paty; and he shall have the same right Manila
and power over such judgments and executions as his client
would have to enforce his lien and secure the payment of B.M. No. 850 August 22, 2000
his just fees and disbursements.
MANDATORY CONTINUING LEGAL EDUCATION (MCLE)
ADOPTING THE RULES ON MANDATORY CONTINUING
LEGAL EDUCATION FOR MEMBERS OF THE
INTEGRATED BAR OF THE PHILIPPINES

EN BANC

RESOLUTION

Considering the Rules on Mandatory Continuing Legal


Education (MCLE) for members of the Integrated Bar of the
Philippines (IBP), recommended by the IBP, endorsed by the
Philippine Judicial Academy, and reviewed and passed upon
by the Supreme Court Committee on Legal Education, the
Court hereby resolves to adopt, as it hereby adopts, the (c) At least five (5) hours shall be devoted to
following rules for proper implementation: alternative dispute resolution.

RULE 1 (d) At least nine (9) hours shall be devoted to


PURPOSE updates on substantive and procedural laws, and
jurisprudence.
Section 1. Purpose of the MCLE
(e) At least four (4) hours shall be devoted to legal
Continuing legal education is required of members of the writing and oral advocacy.
Integrated Bar of the Philippines (IBP) to ensure that
throughout their career, they keep abreast with law and (f) At least two (2) hours shall be devoted to
jurisprudence, maintain the ethics of the profession and international law and international conventions.
enhance the standards of the practice of law.
(g) The remaining six (6) hours shall be devoted to
RULE 2 such subjects as may be prescribed by the MCLE
MANDATORY CONTINUING LEGAL EDUCATION Committee.

Section 1. Constitution of the MCLE Committee RULE 3


COMPLIANCE PERIOD
Within two (2) months from the approval of these Rules by
the Supreme Court En Banc, the MCLE Committee shall be Section 1. Initial compliance period
constituted in accordance with these Rules.
The initial compliance period shall begin not later than three
Section 2. Requirements of completion of MCLE (3) months from the constitution of the MCLE Committee.
Except for the initial compliance period for members
Members of the IBP not exempt under Rule 7 shall complete, admitted or readmitted after the establishment of the
every three (3) years, at least thirty-six (36) hours of program, all compliance periods shall be for thirty-six (36)
continuing legal education activities approved by the MCLE months and shall begin the day after the end of the previous
Committee. Of the 36 hours: compliance period.

(a) At least six (6) hours shall be devoted to legal Section 2. Compliance Group 1.
ethics.
Members in the National Capital Region (NCR) or Metro
(b) At least (4) hours shall be devoted to trial and Manila shall be permanently assigned to Compliance Group
pretrial skills. 1.

Section 3. Compliance Group 2.


Members in Luzon outside NCR shall be permanently RULE 4
assigned to Compliance Group 2. COMPUTATION OF CREDIT UNITS

Section 4. Compliance Group 3. Section 1. Guidelines

Members in Visayas and Mindanao shall be permanently The following are the guidelines for computation of credit
assigned to Compliance Group 3. units (CU):

Section 5. Compliance period for members admitted or PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS
readmitted after establishment of the program.
1. SEMINARS, CONVENTIONS, CONFERENCES,
Members admitted or readmitted to the Bar after the SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS,
establishment of the program shall be permanently assigned WORKSHOPS, DIALOGUES, ROUND TABLE
to the appropriate Compliance Group based on their Chapter DISCUSSIONS BY APPROVED PROVIDERS UNDER
membership on the date of admission or readmission. RULE 7 AND OTHER RELATED RULES

The initial compliance period after admission or readmission 1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE
shall begin on the first day of the month of admission or OF ATTENDANCE WITH NUMBER OF HOURS
readmission and shall end on the same day as that of all
other members in the same Compliance Group. 1.2 LECTURER 5 CU PER HOUR PHOTOCOPY
OF PLAQUE OR SPONSOR'S CERTIFICATION
(a) Where four (4) months or less remain of the initial
compliance period after admission or readmission, 1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY
the member is not required to comply with the OF PLAQUE OR SPONSOR'S SPEAKER
program requirement for the initial compliance. CERTIFICATION

(b) Where more than four (4) months remain of the 1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION
initial compliance period after admission or FROM SPONSORING PENALIST/
readmission, the member shall be required to ORGANIZATION REACTOR/COMMENTATOR
complete a number of hours of approved continuing
legal education activities equal to the number of 1.5 MODERATOR/ 2 CU PER HOUR
months remaining in the compliance period in which CERTIFICATION FROM SPONSORING
the member is admitted or readmitted. Such member COORDINATOR/ ORGANIZATION FACILITATOR
shall be required to complete a number of hours of
education in legal ethics in proportion to the number
of months remaining in the compliance period. 2. AUTHORSHIP, EDITING AND REVIEW
Fractions of hours shall be rounded up to the next
whole number.
2.1 RESEARCH/ 5-10 CREDIT UNITS DULY The credits are either participatory or non-participatory.
CERTIFIED/PUBLISHED INNOVATIVE
TECHNICAL REPORT/PAPER Section 2. Claim for participatory credit
PROGRAM/CREATIVE PROJECT
Participatory credit may be claimed for:
2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK
SINGLE AUTHOR 12-16 CU 17-20 CU (a) Attending approved education activities like
2 AUTHORS 10-12 CU 13-16 CU seminars, conferences, symposia, in-house education
3 OR MORE 5-6 CU 7-11 CU programs, workshops, dialogues or round table
discussions.
2.3 BOOK EDITOR 1/2 OF THE CU OF
PUBLISHED BOOK WITH PROOF AUTHORSHIP (b) Speaking or lecturing, or acting as assigned
AS EDITOR CATEGORY panelist, reactor, commentator, resource speaker,
moderator, coordinator or facilitator in approved
2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED education activities.
ARTICLE SINGLE AUTHOR 6 CU 8 CU
2 AUTHORS 4 CU 6 CU (c) Teaching in a law school or lecturing in a bar
3 OR MORE 2 CU 4 CU review class.

2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED Section 3. Claim for non-participatory credit
NEWSLETTER/JOURNAL NEWSLETTER/LAW
JOURNAL EDITOR
Non-participatory credit may be claimed per compliance
period for:
3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF
LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR BAR
REVIEW DIRECTOR REVIEW/ HOUR LECTURE/LAW (a) Preparing, as an author or co-author, written
TEACHING materials published or accepted for publication, e.g.,
in the form of an article, chapter, book, or book
review which contribute to the legal education of the
Section 2. Limitation on certain credit units author member, which were not prepared in the
ordinary course of the member's practice or
In numbers 2 and 3 of the guidelines in the preceding employment.
Section, the total maximum credit units shall not exceed
twenty (20) hours per three (3) years. (b) Editing a law book, law journal or legal newsletter.

RULE 5 RULE 6
CATEGORIES OF CREDIT COMPUTATION OF CREDIT HOURS

Section 1. Classes of credits


Section 1. Computation of credit hours (g) The Chairmen and Members of the Constitutional
Commissions;
Credit hours are computed based on actual time spent in an
activity (actual instruction or speaking time), in hours to the (h) The Ombudsman, the Overall Deputy
nearest one-quarter hour. Ombudsman, the Deputy Ombudsmen and the
Special Prosecutor of the Office of the Ombudsman;
RULE 7
EXEMPTIONS (i) Heads of government agencies exercising quasi-
judicial functions;
Section 1. Parties exempted from the MCLE
(j) Incumbent deans, bar reviews and professors of
The following members of the Bar are exempt from the law who have teaching experience for at least 10
MCLE requirement: years accredited law schools;

(a) The President and the Vice President of the (k) The Chancellor, Vice-Chancellor and members of
Philippines, and the Secretaries and Undersecretaries the Corps of Professors and Professorial Lectures of
of Executives Departments; the Philippine Judicial Academy; and

(b) Senators and Members of the House of (l) Governors and Mayors.
Representatives;
Section 2. Other parties exempted from the MCLE
(c) The Chief Justice and Associate Justices of the
Supreme Court, incumbent and retired members of The following Members of the Bar are likewise exempt:
the judiciary, incumbent members of the Judicial and
Bar Council and incumbent court lawyers covered by (a) Those who are not in law practice, private or
the Philippine Judicial Academy program of public.
continuing judicial education;
(b) Those who have retired from law practice with the
(d) The Chief State Counsel, Chief State Prosecutor approval of the IBP Board of Governors.
and Assistant Secretaries of the Department of
Justice; Section 3. Good cause for exemption from or modification
of requirement
(e) The Solicitor General and the Assistant Solicitor
General; A member may file a verified request setting forth good
cause for exemption (such as physical disability, illness, post
(f) The Government Corporate Counsel, Deputy and graduate study abroad, proven expertise in law, etc.) from
Assistant Government Corporate Counsel; compliance with or modification of any of the requirements,
including an extension of time for compliance, in accordance (b) The activity shall constitute an organized program
with a procedure to be established by the MCLE Committee. of learning related to legal subjects and the legal
profession, including cross profession activities (e.g.,
Section 4. Change of status accounting-tax or medical-legal) that enhance legal
skills or the ability to practice law, as well as subjects
The compliance period shall begin on the first day of the in legal writing and oral advocacy.
month in which a member ceases to be exempt under
Sections 1, 2, or 3 of this Rule and shall end on the same (c) The activity shall be conducted by a provider with
day as that of all other members in the same Compliance adequate professional experience.
Group.
(d) Where the activity is more than one (1) hour in
Section 5. Proof of exemption length, substantive written materials must be
distributed to all participants. Such materials must
Applications for exemption from or modification of the MCLE be distributed at or before the time the activity is
requirement shall be under oath and supported by offered.
documents.
(e) In-house education activities must be scheduled
RULE 8 at a time and location so as to be free from
STANDARDS FOR APPROVAL OF EDUCATION interruption like telephone calls and other
ACTIVITIES distractions.

Section 1. Approval of MCLE program RULE 9


APPROVAL OF PROVIDERS
Subject to the rules as may be adopted by the MCLE
Committee, continuing legal education program may be Section 1. Approval of providers
granted approval in either of two (2) ways: (1) the provider
of the activity is an approved provider and certifies that the Approval of providers shall be done by the MCLE Committee.
activity meets the criteria of Section 3 of this Rules; and (2)
the provider is specially mandated by law to provide Section 2. Requirements for approval of providers
continuing legal education.
Any persons or group may be approved as a provider for a
Section 2. Standards for all education activities term of two (2) years, which may be renewed, upon written
application. All providers of continuing legal education
All continuing legal education activities must meet the activities, including in-house providers, are eligible to be
following standards: approved providers. Application for approval shall:

(a) The activity shall have significant current (a) Be submitted on a form provided by the IBP;
intellectual or practical content.
(b) Contain all information requested on the form; (d) The provider shall allow in-person observation of
all approved continuing legal education activities by
(c) Be accompanied by the approval fee; members of the IBP Board of Governors, the MCLE
Committee, or designees of the Committee and IBP
Section 3. Requirements of all providers staff for purposes of monitoring compliance with
these Rules.
All approved providers shall agree to the following:
(e) The provider shall indicate in promotional
materials, the nature of the activity, the time
(a) An official record verifying the attendance at the devoted to each devoted to each topic and identify of
activity shall be maintained by the provider for at the instructors. The provider shall make available to
least four (4) years after the completion date. The each participant a copy of IBP-approved Education
provider shall include the member on the official Activity Evaluation Form.
record of attendance only if the member's signature
was obtained at the time of attendance at the
activity. The official record of attendance shall (f) The provider shall maintain the completed
contain the member's name and number in the Roll Education Activity Evaluation Forms for a period of
of Attorneys and shall identify the time, date, not less than one (1) year after the activity, copy
location, subject matter, and length of the education furnished the IBP.
activity. A copy of such record shall be furnished the
IBP. (g) Any person or group who conducts an
unauthorized activity under this program or issues a
(b) The provider shall certify that: spurious certificate in violation of these Rules shall
be subject to appropriate sanctions.
(1) This activity has been approved for MCLE
by the IBP in the amount of ________ hours of Section 4. Renewal of provider approval
which hours will apply in (legal ethics, etc.),
as appropriate to the content of the activity; The approval of a provider may be renewed every two (2)
years. It may be denied if the provider fails to comply with
(2) The activity conforms to the standards for any of the requirements of these Rules or fails to provide
approved education activities prescribed by satisfactory education activities for the preceding period.
these Rules and such regulations as may be
prescribed by the IBP pertaining to MCLE. Section 5. Revocation of provider approval

(c) The provider shall issue a record or certificate to The approval of any provider referred to in Rule 9 may be
all participants identifying the time, date, location, revoked by a majority vote of the IBP Board of Governors,
subject matter and length of the activity. upon recommendation of the MCLE Committee, after notice
and hearing and for good cause.
RULE 10 (a) Failure to complete the education requirement
ACTIVITY AND PROVIDER APPROVAL FEE within the compliance period;

Section 1. Payment of fees (b) Failure to provide attestation of compliance or


exemption;
Application for approval of an education activity or as a
provider requires payment of an appropriate fee. (c) Failure to provide satisfactory evidence of
compliance (including evidence of exempt status)
RULE 11 within the prescribed period;
GENERAL COMPLIANCE PROCEDURES
(d) Failure to satisfy the education requirement and
Section 1. Compliance card furnish evidence of such compliance within sixty (60)
days from receipt of a non-compliance notice;
Each member shall secure from the MCLE Committee a
Compliance Card before the end of his compliance period. (e) Any other act or omission analogous to any of the
He shall complete the card by attesting under oath that he foregoing or intended to circumvent or evade
has complied with the education requirement or that he is compliance with the MCLE requirements.
exempt, specifying the nature of the exemption. Such
Compliance Card must be returned to the address indicated Section 2. Non-compliance notice and 60-day period to
therein not later than the day after the end of the member's attain compliance
compliance period.
A member failing to comply will receive a Non-Compliance
Section 2. Member record keeping requirement Notice stating the specific deficiency and will be given sixty
(60) days from the date of notification to explain the
Each member shall maintain sufficient record of compliance deficiency or otherwise show compliance with the
or exemption, copy furnished the MCLE Committee. The requirements. Such notice shall contain, among other
record required to be provided to the members by the things, the following language in capital letters:
provider pursuant to Section 3(c) of Rule 9 should be
sufficient record of attendance at a participatory activity. A YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION
record of non-participatory activity shall also be maintained FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE
by the member, as referred to in Section 3 of Rule 5. WITH THE MCLE REQUIREMENT BY (INSERT DATE 60
DAYS FROM THE DATE OF NOTICE), SHALL BE A
RULE 12 CAUSE FOR LISTING AS A DELINQUENT MEMBER.
NON-COMPLIANCE PROCEDURES
The Member may use this period to attain the adequate
Section 1. What constitutes non-compliance number of credit hours for compliance. Credit hours earned
during this period may only be counted toward compliance
The following shall constitute non-compliance with the prior compliance period requirement unless hours
in excess of the requirement are earned, in which case, the Section 2. Termination of delinquent listing administrative
excess hours may be counted toward meeting the current process
compliance period requirement.lawphil.net
The termination of listing as a delinquent member is
RULE 13 administrative in nature but it shall be made with notice and
CONSEQUENCES OF NON-COMPLIANCE hearing by the MCLE Committee.

Section 1. Non-compliance fee RULE 15


MANDATORY CONTINUING LEGAL EDUCATION
A member who, for whatever reason, is in non-compliance COMMITTEE
at the end of the compliance period shall pay a non-
compliance fee. Section 1. Composition

Section 2. Listing as delinquent member The MCLE Committee shall be composed of five (5)
members, namely: a retired Justice of the Supreme Court, as
Any member who fails to satisfactorily comply with Section Chair, and four (4) members, respectively, nominated by the
2 of Rule 12 shall be listed as a delinquent member by the IBP, the Philippine Judicial Academy, a law center designated
IBP Board of Governors upon the recommendation of the by the Supreme Court and associations of law schools
MCLE Committee, in which case, Rule 139-A of the Rules of and/or law professors.
Court shall apply.
The members of the Committee shall be of proven probity
RULE 14 and integrity. They shall be appointed by the Supreme Court
REINSTATEMENT for a term of three (3) years and shall receive such
compensation as may be determined by the Court.
Section 1. Process
Section 2. Duty of the Committee
The involuntary listing as a delinquent member shall be
terminated when the member provides proof of compliance The MCLE Committee shall administer and adopt such
with the MCLE requirement, including payment of non- implementing rules as may be necessary subject to the
compliance fee. A member may attain the necessary credit approval by the Supreme Court. It shall, in consultation with
hours to meet the requirement for the period of non- the IBP Board of Governors, prescribe a schedule of MCLE
compliance during the period the member is on inactive fees with the approval of the Supreme Court.
status. These credit hours may not be counted toward
meeting the current compliance period requirement. Credit Section 3. Staff of the IBP
hours attained during the period of non-compliance in
excess of the number needed to satisfy the prior compliance The IBP shall employ such staff as may be necessary to
period requirement may be counted toward meeting the perform the record-keeping, auditing, reporting, approval
current compliance period requirement.lawphil.net and other necessary functions.
Section 4. Submission of annual budget

The IBP shall submit to the Supreme Court an annual budget


for a subsidy to establish, operate and maintain the MCLE
Program.

This resolution shall take effect in October 2000, following


its publication in two (2) newspaper of general circulation in
the Philippines.

Adopted this 22nd day of August, 2000.

PHILIPPINE JURISPRUDENCE - FULL


TEXT
The Lawphil Project - Arellano Law
Foundation
B.M. No. 1922 June 3, 2008
RE. NUMBER AND DATE OF MCLE
CERTIFICATE OF
COMPLETION/EXEMPTION REQUIRED IN
ALL PLEADINGS/MOTIONS

Republic of the Philippines


SUPREME COURT
Manila

B.M. No. 1922 June 3, 2008

RE. NUMBER AND DATE OF MCLE CERTIFICATE


OF COMPLETION/EXEMPTION REQUIRED IN ALL
PLEADINGS/MOTIONS.
ZAGUIRRE VS. CASTILLO
Sirs/Mesdames:
FACTS:Complainant and respondent had their illicit
relationship while the latter was preparing to take the bar
Quoted hereunder, for your information is a resolution
of the Court En Banc dated June 3, 2008 examinations. After the admission of the respondent to the
Philippine Bar, complainant learned that he was already
"Bar Matter No. 1922. Re: Recommendation of the married. Respondent, who by now is a lawyer, executed an
Mandatory Continuing Legal Education (MCLE) Board affidavit, admitting his relationship with the complainant
to Indicate in All Pleadings Filed with the Courts the and recognizing the unborn child she was carrying as his.
Counsels MCLE Certificate of Compliance or After the birth of the baby, however, respondent had started
Certificate of Exemption. The Court Resolved to refuse recognizing the child and giving her any form of
to NOTE the Letter, dated May 2, 2008, of Associate
support. After due hearing, the IBP Commission on Bar
Justice Antonio Eduardo B. Nachura, Chairperson,
Committee on Legal Education and Bar Matters, Discipline found Atty. Castillo guilty of gross immoral
informing the Court of the diminishing interest of the conduct and recommends that he be meted the penalty of
members of the Bar in the MCLE requirement indefinite suspension from the practice of law.
program.
ISSUE: Whether or not the penalty imposed is proper.
The Court further Resolved, upon the
recommendation of the Committee on Legal HELD: YES. Respondent violated Rule 1.01 of the Code of
Education and Bar Matters, to REQUIRE practicing Professional Responsibility; Canon 7 and Rule 7.03 of the
members of the bar to INDICATE in all pleadings filed same Code.
before the courts or quasi-judicial bodies, the number
and date of issue of their MCLE Certificate of The conduct must not only be immoral, but grossly
Compliance or Certificate of Exemption, as may be immoral. That is, it must be so corrupt as to constitute a
applicable, for the immediately preceding compliance criminal act or so unprincipled as to be reprehensible to a
period. Failure to disclose the required high degree or committed under such scandalous or
information would cause the dismissal of the
case and the expunction of the pleadings from revolting circumstances as to shock the common sense of
the records. decency.

Siring a child with a woman other than his wife is a


The New Rule shall take effect sixty (60) days after its
publication in a newspaper of general circulation." conduct way below the standards of morality required of
Caprio-Morales Velasco, Jr., Nachura, JJ., on official every lawyer. Moreover, the attempt of respondent to
leave. (adv216a) renege on his notarized statement recognizing and
undertaking to support his child by Carmelita demonstrates
a certain unscrupulousness on his part which is highly Issue: Would an illicit affair between a married lawyer and a
censurable, unbecoming a member of a noble profession, married woman constitute gross immoral conduct?
tantamount to self-stultification.
Ruling: Whether a lawyer's sexual congress with a woman
The rule is settled that a lawyer may be suspended not his wife or without the benefit of marriage should be
or disbarred for any misconduct, even if it pertains to his characterized as 'grossly immoral conduct' depends on the
private activities, as long as it shows him to be wanting in surrounding circumstances." The case at bar involves a
moral character, honesty, probity or good demeanor. relationship between a married lawyer and a married
woman who is not his wife. It is immaterial whether the
affair was carried out discreetly.

GUEVARRA VS. EALA Sexual relations outside marriage is considered disgraceful


and immoral as it manifests deliberate disregard of the
sanctity of marriage and the marital vows protected by the
Facts: Wife of petitioner, Irene Moje was having an illicit Constitution and affirmed by our laws. (Vitug v. Rongcal)
affair with the respondent. After leaving the conjugal home,
Respondent has been carrying on an illicit affair with a
petitioner found out that Irene and respondent was living
married woman, a grossly immoral conduct and indicative of
together in a residential house few blocks away from the
an extremely low regard for the fundamental ethics of his
church they were married. Few months thereafter, Irene
profession. This detestable behavior renders him regrettably
gave birth to a baby girl and wrote the name of the
unfit and undeserving of the treasured honor and privileges
respondent as the father in the certificate of live birth.
which his license confers upon him. (Tucay v. Atty. Tucay)
Petitioner filed a petition for annulment of marriage to Irene
Respondent in fact also violated the lawyer's oath he took
and a criminal complaint for adultery against respondent
before admission to practice law.
and Irene.
Respondent admittedly is aware of Section 2 of Article XV
Petitioner also filed a complaint for disbarment before the
(The Family) of the Constitution reading: Section 2.
IBP-CBD on the ground of gross immoral conduct and
Marriage, as an inviolable social institution, is the foundation
unmitigated violation of the lawyer's oath which was
of the family and shall be protected by the State.
dismissed by the IBP Board of Governors due to lack of
merit. In this connection, the Family Code (Executive Order No.
209), which echoes this constitutional provision, obligates
Hence, the petition of complaint before the Supreme Court.
the husband and the wife "to live together, observe mutual
love, respect and fidelity, and render mutual help and
support."
Furthermore, respondent violated Rule 1.01 of Canon 1 of Held: NO. The practice of law is a privilege. The bar
the Code of Professional Responsibility which proscribes a candidate does not have the right to enjoy the practice of
lawyer from engaging in "unlawful, dishonest, immoral or the legal profession simply by passing the bar, he must also
deceitful conduct," and Rule 7.03 of Canon 7 of the same have a continued possession of good moral character. A
Code which proscribes a lawyer from engaging in any lawyer may be disbarred for grossly immoral conduct ,
"conduct that adversely reflects on his fitness to practice which has been defined as the conduct which is willful,
law." flagrant, or shameless, and which shows a moral
indifference to the good and respectable members of the
WHEREFORE, Petition is GRANTED. Respondent, Atty. Jose community. Lawyers, as keepers of public faith, are
Emmanuel M. Eala, is DISBARRED for grossly immoral burdened with a higher degree of social responsibility and
conduct, violation of his oath of office, and violation of thus must handle their personal affairs with great caution.
Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of
Professional Responsibility. Iris Bonifacio was imprudent in managing her personal
affairs. However the fact remains that her relationship with
Carlos, clothed as it was with what she believed as a valid
marriage, cannot be considered immoral. Immorality
UI VS. BONIFACIO
connotes conduct that shows indifference to the moral
norms of society and the opinion of good and respectable
members of the community. For such conduct to warrant
Facts: Lesli Ui filed an administrative complaint for disciplinary action, it must be grossly immoral, it must be
disbarment against Atty. Iris Bonifacio on the ground of so corrupt and false as to constitute a criminal act or
immorality, for allegedly carrying an immoral relationship unprincipled as to be reprehensible to a high degree.
with Carlos Ui, her (Lesli) husband.
A lawyer is not only required to refrain from adulterous
In the proceeding before the IBP Commission on Bar relationships but must also behave himself as to avoid
Discipline, Iris attached a photocopy of a marriage scandalizing the public by creating the belief that he is
certificate that said that she and Carlos got married in 1985 flouting those moral standards. Her act of distancing herself
but according to the certificate of marriage obtained from on her discovery that Carlos was married proves that she
the Hawaii State Department of Health, they were married had no intention of flaunting the law and the high moral
in 1987. standard of the legal profession.

On the matter of the falsified marriage certificate, it is


contrary to human experience and highly improbable that
Issue: Whether or not Atty. Iris Bonifacio conducted herself she did not know the year of her marriage or she failed to
in an immoral manner for which she deserves to be barred check that the information on the document she attached to
from the practice of law.
her Answer were correct. Lawyers are called upon to RATIO: According to the Supreme Court, the general rule is
safeguard the integrity of the Bar, free from misdeeds and that a lawyer may not be suspended or disbarred, and the
acts of malpractice. court may not ordinarily assume jurisdiction to discipline
him, for misconduct in his non-professional or private
capacity. It was, however, still necessary for respondent to
acknowledge the orders of the Commission in deference to
TOLEDA VS. ABALOS
its authority over her as a member of the IBP. Her wanton
FACTS: Atty. Erlinda Abalos obtained a loan of P20,000.00 disregard of its lawful orders subjects her to disciplinary
from Priscila Toledo, payable within six months from date, sanction. Thus, her suspension from the practice of law is
plus interest of 5% per month. To guarantee the payment of warranted.
said obligation, respondent executed a Promissory Note.
After the lapse of six months, and despite repeated
demands, respondent failed to pay her obligation. Afraid BUSTAMANTE-ALEJANDRO VS. ALEJANDRO
that she will not recover her money, Ms. Toledo sought the
help of the Integrated Bar of the Philippines (IBP), which Facts: Complainant submitted a photocopy of the marriage
referred the matter to the Commission on Bar Discipline. contract between her andrespondent Atty. Alejandro in
support of her charge of bigamy and concubinage against
[T]he Commission issued an order directing Atty. Abalos to thelatter and Villarin. She also submitted a photocopy of the
file her Answer to the letter-complaint of Ms. Toledo. birth certificate of a child of therespondent and also stated
Despite receipt of said order, respondent did not answer the that they were married in May 1, 1990 in Isabela,
complaint. Investigating Commissioner issued an order Province.The Supreme Court directed respondents to file
setting the case for hearing Despite due notices, respondent their comment on the complaint within 10 days but they
failed to appear. Accordingly, complainant was allowed to failed to comply. Copies of the resolution, complaint and its
present her evidence ex-parte after which, the case was annexes were returned to both respondents unserved with
considered submitted for resolution. Respondent received notation moved, same as when served
this order as shown by the registry return. However, she personally.Complainant was required anew to submit the
again did not do anything about it. correct, present address of respondents underpain of
dismissal of her administrative complaint. She disclosed
respondents address at 12403Develop Drive Houston,
ISSUE: Whether or not Atty. Abalos may be disciplined by the Texas in a handwritten letter.The Integrated Bar of the
IB Philippines (IBP) recommended that both respondents be
disbarred.The Supreme Court ordered Atty. Alejandro to be
HELD: YES. Respondent suspended for one (1) month. disbarred while the complaint against his co-respondent
Atty. Villarin was returned to the IBP for further proceedings
or it appears that acopy of the resolution requiring comment complainants, the property which they are leasing will be
was never deemed served upon her as it was upon Atty. transferred to their name. The complainants complied with
Alejandro. the terms of the agreement. A deed of sale concerning such
property was executed.
Issue: Whether or not abandonment of lawful wife and
maintaining an illicit relationship withanother woman are However, to evade liability for paying capital gains tax,
grounds for disbarment. respondent instructed complainants to execute another
deed of sale which will be antedated 1979, wherein the
Held: Sufficient evidence showed that respondent Atty. capital gains tax was not yet in effective.
Alejandro, lawfully married tocomplainant, carried on an
illicit relationship with co-respondent Atty. Villarin. Although Subsequently, after the execution of the deed of sale,
theevidence was not sufficient to prove that he co0ntracted respondents instructed his clients [complainants] to execute
a subsequent bigamous marriage, thatfact remains of his a simulated deed of sale which will reflect that the property
deplorable lack of that degree of morality required of him as was re-conveyed to his mother.
member of the bar. A disbarment proceeding is warranted
against a lawyer who abandons his lawful wife andmaintains The cunning acts of respondent did not end there.
an illicit relationship with another woman who had borne Respondent went to the house of complainants and got the
him a child. We can do noless in this case where Atty. owners certificate of title of the said property which is still
Alejandro even fled to another country to escape the under the name of her mother. he promised to the
consequencesof his misconduct.Therefore, Atty. Alejandro complainants that he will process the transfer of the
disbarred from the practice of law while the complaint property to their name. Years passed, but respondent never
against Atty. Villarin was referred back to the IBP. returned the said title to the complainants.

CHUA VS. MESINA Meanwhile, another lessee file a criminal case against the
complainants and respondents for falsification. He claims
Facts: Complainants Ana Alvaran Chua and Marcelina Hsia that was also given the promise that the property will be
administratively charged respondent Atty. Simeon M. offered to him before it will be sold to another, but
Mesina, Jr., for breach of professional ethics, gross respondents sold it to complainants without offering to him.
professional misconduct, and culpable malpractice. Because of the foregoing circumstances, complainants filed
an administrative case against respondent.
Complainants were lessees of the property of respondent's
mother. Respondent's mother defaulted in paying a loan Issue: Whether or not respondent is guilty of gross
that she obtained in a bank, thus respondent convinced misconduct.
complainants to help her mother if paying the said
obligation, to which the complainants acceded. It was Held: Yes, said the Court- "This Court finds that indeed,
agreed among that that in consideration for the act of respondent is guilty of gross misconduct.
First, by advising complainants to execute another Deed of are disfavored and discouraged by the policy of the law.
Absolute Sale antedated to 1979 to evade payment of Hence, courts carefully watch these transactions to assure
capital gains taxes, he violated his duty to promote respect that no advantage is taken by a lawyer over his client. This
for law and legal processes, and not to abet activities aimed rule is founded on public policy for, by virtue of his office, an
at defiance of the law; That respondent intended to, as he attorney is in an easy position to take advantage of the
did defraud not a private party but the government is credulity and ignorance of his client. Thus, no presumption
aggravating. of innocence or improbability of wrongdoing is considered in
an attorneys favor.
Second, when respondent convinced complainants to
execute another document, a simulated Deed of Absolute Respondent having welched on his promise to cause the
Sale wherein they made it appear that complainants reconveyance of the Melencio property to complainants,
reconveyed the Melencio property to his mother, he consideration of whether he should be ordered to honor
committed dishonesty. such promise should be taken up in the civil case filed for
the purpose, the issue there being one of ownership while
Third, when on May 2, 1990 respondent inveigled his own that in the case at bar is moral fitness.
clients, the Chua spouses, into turning over to him the
owners copy of his mothers title upon the
misrepresentation that he would, in four months, have a
deed of sale executed by his mother in favor of PETITION FOR AUTHORITY TO CONTINUE USE OF THE
complainants, he likewise committed dishonesty. FIRM NAME "SYCIP, SALAZAR, FELICIANO,
HERNANDEZ & CASTILLO
That the signature of Felicisima M. Melencio in the 1985
document and that in the 1979 document are markedly
different is in fact is a badge of falsification of either the
Facts: The case involves two petitions. The first was filed by
1979 or the 1985 document or even both.
the surviving partners of Atty. Alexander Sycip who died on
A propos is this Courts following pronouncement in Nakpil v. May 5, 1975 and the other by the surviving partners of Atty.
Valdez Herminio Ozaeta who died on February 14, 1976 praying
that they be allowed to continueusing in the name of their
As a rule, a lawyer is not barred from dealing with his client firms the names of their deceasedpartners who had passed
but the business transaction must be characterized with away. The petitioner anchored their petitions on the
utmost honesty and good faith. The measure of good faith following: 1)that under the law, a partnership is not
which an attorney is required to exercise in his dealings with prohibited from continuing its business under a firm name
his client is a much higher standard that is required in which includes the name of a deceased partner; 2) that
business dealings where the parties trade at arms length. in regulating other professions, such as accountancy and
Business transactions between an attorney and his client engineering, the legislature has authorized the adoption of
firm names without any restriction as to the use, in such partnerships formed by other professionals or for business.
firm name, of the name of a deceased partner; 3)that For one thing, the law on accountancy specifically allows the
the Canons of Professional Ethics are not transgressed by use of a trade name in connection with the practice of
the continued use of the name of a deceased partner in the accountancy. A partnership for the practice of law is not a
firm name of a law partnership because Canon 33 of legal entity. It is a mere relationship or association for a
the Canons of Professional Ethics adopted by the American particular purpose. It is not a partnership formed for the
Bar Association declares that the continued use of the name purpose of carrying ontrade or business or of holding
of a deceased or former partner whenpermissible by local property. Thus, it has been stated that "the use of a nom de
custom, is not unethical but care should be taken that no plume, assumed or trade name in law practice is improper.
imposition or deception is practiced through this use; 4) that And lastly while the court admits that it is true that Canon
there is no possibility of imposition or deception because the 33 does not consider as unethical the continued use of the
deaths of their respective deceased partners were well- name of a deceased or former partner in the firm name of a
publicized in all newspapers of general circulation for law partnership when such a practice is permissible by local
several days; the stationeries now being used by them carry custom but the Canon warns that care should be taken that
new letterheads indicating the years when their no imposition or deception is practiced through this use. It
respective deceased partners were connected with the firm must be conceded that in the Philippines, no local custom
and; 5) that no local custom prohibits the continued use of permits or allows the continued use of a deceased or former
a deceased partner's name in a professional firm's name. partner's name in the firm names of law partnerships.

Issue: Whether or not the petitioners should be allowed to


use in their firm names the names of
ULEP VS. THE LEGAL CLINIC, INC.
their deceased partners
Facts:
Held: The court ruled in the negative. The court cited the
following reasons. First is that Article. 1815 of the Civil Code Mauricio C. Ulep, petitioner, prays this Court "to order the
provides that Every partnership shall operate under a firm respondent, The Legal Clinic, Inc., to cease and desist from
name, which may or may not include the name of one or issuing advertisements similar to or of the same tenor as
more of the partners. Those who, not being members of the that of Annexes `A' and `B' (of said petition) and to
partnership, include their names in the firm name, shall be perpetually prohibit persons or entities from making
subject to the liability, of a partner thus it is clearly tacit in advertisements pertaining to the exercise of the law
the above provision that names in a firm name of a profession other than those allowed by law. The
partnership must either be those of living partners and. in advertisements complained of by herein petitioner are as
the case of non-partners, should be living persons who can follows:
be subjected to liability. Second, the courts said that a
partnership for the practice of law cannot be likened to Annex A
SECRET MARRIAGE? It is the submission of petitioner that the advertisements
above reproduced are champertous, unethical, demeaning
P560.00 for a valid marriage. of the law profession, and destructive of the confidence of
the community in the integrity of the members of the bar
Info on DIVORCE. ABSENCE.
and that, as a member of the legal profession, he is
ANNULMENT. VISA. ashamed and offended by the said advertisements, hence
the reliefs sought in his petition as herein before quoted.
THEPlease call: 521-0767,
In its answer to the petition, respondent admits the fact of
LEGAL5217232, 5222041 publication of said advertisements at its instance, but claims
that it is not engaged in the practice of law but in the
CLINIC, INC.8:30 am-6:00 pm rendering of "legal support services" through paralegals with
the use of modern computers and electronic machines.
7-Flr. Victoria Bldg. UN Ave., Mla.
Respondent further argues that assuming that the services
Annex B advertised are legal services, the act of advertising these
services should be allowed supposedly in the light of the
GUAM DIVORCE case of John R. Bates and Van O'Steen vs. State Bar of
Arizona, reportedly decided by the United States Supreme
DON PARKINSON Court on June 7, 1977.
an Attorney in Guam, is giving FREE BOOKS on Guam Issue:
Divorce through The Legal Clinic beginning Monday to Friday
during office hours. Whether or not the services offered by respondent,
The Legal Clinic, Inc., as advertised by it constitutes practice
Guam divorce. Annulment of Marriage. Immigration of law and, in either case, whether the same can properly be
Problems, Visa Ext. Quota/Non-quota Res. & Special the subject of the advertisements herein complained of.
Retiree's Visa. Declaration of Absence. Remarriage to Filipina
Fiancees. Adoption. Investment in the Phil. US/Foreign Visa Held:
for Filipina Spouse/Children. Call Marivic.
Yes. The Supreme Court held that the services
THE 7 F Victoria Bldg. 429 UN Ave. offered by the respondent constitute practice of law. The
definition of practice of law is laid down in the case of
LEGALErmita, Manila nr. US Embassy Cayetano vs. Monsod, as defined:
CLINIC, INC. Tel. 521-7232521-7251 Black defines "practice of law" as:
522-2041; 521-0767
"The rendition of services requiring the knowledge and the within the jurisprudential definition of "practice of law." Such
application of legal principles and technique to serve the a conclusion will not be altered by the fact that respondent
interest of another with his consent. It is not limited to corporation does not represent clients in court since law
appearing in court, or advising and assisting in the conduct practice, as the weight of authority holds, is not limited
of litigation, but embraces the preparation of pleadings, and merely to court appearances but extends to legal research,
other papers incident to actions and special proceedings, giving legal advice, contract drafting, and so forth.
conveyancing, the preparation of legal instruments of all
kinds, and the giving of all legal advice to clients. It That fact that the corporation employs paralegals to carry
embraces all advice to clients and all actions taken for them out its services is not controlling. What is important is that it
in matters connected with the law." is engaged in the practice of law by virtue of the nature of
the services it renders which thereby brings it within the
The contention of respondent that it merely offers legal ambit of the statutory prohibitions against the
support services can neither be seriously considered nor advertisements which it has caused to be published and are
sustained. Said proposition is belied by respondent's own now assailed in this proceeding. The standards of the legal
description of the services it has been offering. While some profession condemn the lawyer's advertisement of his
of the services being offered by respondent corporation talents. A lawyer cannot, without violating the ethics of his
merely involve mechanical and technical know-how, such as profession, advertise his talents or skills as in a manner
the installation of computer systems and programs for the similar to a merchant advertising his goods. The proscription
efficient management of law offices, or the computerization against advertising of legal services or solicitation of legal
of research aids and materials, these will not suffice to business rests on the fundamental postulate that the
justify an exception to the general rule. What is palpably practice of law is a profession. The canons of the profession
clear is that respondent corporation gives out legal tell us that the best advertising possible for a lawyer is a
information to laymen and lawyers. Its contention that such well-merited reputation for professional capacity and fidelity
function is non-advisory and non-diagnostic is more to trust, which must be earned as the outcome of character
apparent than real. In providing information, for example, and conduct. Good and efficient service to a client as well as
about foreign laws on marriage, divorce and adoption, it to the community has a way of publicizing itself and
strains the credulity of this Court that all that respondent catching public attention. That publicity is a normal by-
corporation will simply do is look for the law, furnish a copy product of effective service which is right and proper. A good
thereof to the client, and stop there as if it were merely a and reputable lawyer needs no artificial stimulus to
bookstore. With its attorneys and so called paralegals, it will generate it and to magnify his success. He easily sees the
necessarily have to explain to the client the intricacies of difference between a normal by-product of able service and
the law and advise him or her on the proper course of action the unwholesome result of propaganda
to be taken as may be provided for by said law. That is what
its advertisements represent and for which services it will LIM VS. BARCELONA
consequently charge and be paid. That activity falls squarely
Facts: W/N Rule 6.03 of the Code of Professional Responsibility
apllies to Estelito MendozaHeld:
1976: General Bank & Trust Company (Genbank)
encountered financial difficulties. Central Bank No, it does not apply to Mendoza. Sandiganbayan decision
extendedloans to Genbank in the hope of rehabilitating it is affirmed.
(P310M). Nonetheless, Genbank failed to recover.
The matter (see 3rdnote), or the act of Mendoza as
1977: Genbank was declared insolvent. A public bidding of Solicitor General is advising the Central Bank on how
Genbanks assets was held with the Lucio TanGroup winning toproceed with the liquidation of Genbank. This is not the
the bid. Solicitor General Mendoza, representing the matter contemplated by Rule 6.03 of the Code of
government, intervened with theliquidation of Genbank. Professional Responsibility.

1986: after EDSA I, Cory established the PCGG to recover The matter involved in the liquidation of Genbank is
the ill-gotten wealth of Marcos, his family andcronies. entirely different from the matter involved in thePCGG case
against the Lucio Tan group.
1987: PCGG filed a case against Lucio Tan and certain
other people (basta marami sila). In relation to thiscase, The intervention contemplated in Rule 6.03 should be
PCGG issued several writs of sequestration on properties substantial and important. The role of Mendoza inthe
allegedly acquired by the respondents bytaking advantage liquidation of Genbank is considered insubstantial.
of their close relationship and influence with Marcos.
Sandiganbayan heard the case. SC is even questioning why PCGG took such a long time to
revive the motion to disqualify Mendoza.Apparently, PCGG
Estelito Mendoza (Solicitor General during the time of already lost a lot of cases against Mendoza. Kyles
Marcos) represented the respondents. interpretation: PCGG gettingdesperate

1991: PCGG filed a motion to disqualify Mendoza, because Something to think about: SC is somehow of the opinion
of his participation in the liquidation of Genbank. Genbank that Rule 6.03 will make it harder for thegovernment to get
(now Allied Bank) is one of the properties that PCGG is good lawyers in the future to work for them because of the
seeking to be sequestered fromthe Lucion Tan group. PCGG prohibition of acceptingcases in the future that were related
invoked Rule 6.03 of the Code of Professional Responsibility. to ones work as a government counsel.Concurring Opinions:

Sandiganbayan denied PCGGs motion. According to the Panganiban & Carpio: the congruent interest prong of Rule
Sandiganbayan, Mendoza did not take an adverseposition to 6.03 should have a prescriptive period
that taken on behalf of the Central Bank. And Mendozas
appearance as counsel was beyondthe 1 year prohibitory Tinga: Rule 6.03 cannot apply retroactively to Mendoza
period since he retired in 1986.Issue: (when he was Solicitor General, no Rule 6.03 yet)
Bottom line, they are all questioning the unfairness of the as it prohibits lawyers from representing a private person
rule if applied without any prescriptive periodand if applied even if the interests of the formergovernment client and the
retroactivelyNotes: new client are entirely parallel

Adverse-interest conflicts where the matter in which the Matter any discrete, isolatable act as well as
former government lawyer represents a clientin private indentifiable transaction or conduct involving a
practice is substantially related to a matter that the lawyer particularsituation and specific party
dealt with while employed with thegovernment and the
interests of the current and former are adverse Intervention interference that may affect the interests of
others.
Congruent-interest conflicts the use of the word
conflict is a misnomer, it does not involve conflicts atall,