Pelaez2016 (Alga, Gagno, Jadulco, Leyson, Meneses)

February 11, 2016
CANON 7 – LAWYER’S DUTY AND THE LEGAL PROFESSION
To Summarize:
1. The duty to uphold the integrity and dignity of the legal profession and support the IBP.
2. Be courteous, fair and frank to fellow lawyers.
3. Not to assist in the unauthorized practice of law.
4. Not to encroach upon the employment of another lawyer.
Otherwise;
- Denied permission to take the Bar.
- Not allowed to take oath.
- Stricken from the Roll of Attorneys.
CANON 7. A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION, AND
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
Rule 7.01. A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in
connection with his application for admission to the bar.
 This rule punishes 2 things:

1. Misrepresentation – if you make a false statement.
2. Concealment – suppression of material fact.
 Both are punishable. So in your petition to take the Bar, do not make any misrepresentation or concealment. A
Bar applicant who does a misrepresentation or concealment in the application to take the Bar is in danger of
violating Rule 7.01.
 Consequences:
- if not yet taken the Bar and the concealment or misrepresentation is discovered: He will not be allowed to take
the Bar.
- if already passed the Bar: He might not be allowed to take the lawyer’s oath.
- if already been duly admitted to the Bar: He could be disbarred.
 Example: Under oath the applicant sworn that he has not been charged with any offense nor is there a pending
case against him but in reality there is a case of slight physical injury pending against him. Because of this
concealment, he was allowed to take the Bar and after 7 takes, he passed and was admitted to the Bar.
Subsequently though, the concealment was discovered and he was disbarred. LICENSE REVOKED (In Re: Ramon
Galang)
 Example: False representing that he has finished an Arts Degree when he has not. Misrepresentation here
pertains not to the LLB but to the undergraduate course but still it was a misrepresentation and the lawyer was
disbarred. STRICKEN FROM THE ROLL (Diso vs. Martinez)
 Concealment of a crime not involving moral turpitude – the concealment itself is evidence of sufficient lack of
good moral character. Thus, it is still not an excuse.
Rule 7.02. A lawyer shall not support the application for admission to the bar of any person known by him to be
unqualified in respect to character, education, or other relevant attribute.
 Violation makes a lawyer liable for disciplinary action; gross misconduct in office. (Rule 138, Sec. 27, ROC)
 This is still in keeping with the lawyer’s duty to uphold the integrity and dignity of the legal profession.
Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 1

 If a lawyer is not allowed to make misrepresentation and concealment, he is also not allowed to support an
applicant to the Bar whom he knows is not qualified.
 Example: Neighbor asks you to execute the testimonial of good moral character but you wondered if he took up
law because for the last 4 years, almost every night you see him in the street corner having a drinking spree with
friends so how could he have attended law school. So you asked your neighbor what school did he graduate from
and he answered that he graduated in San Carlos. You asked about Joan Largo but he did not know her and
when asked about the law bldg. he answered that it is in Talamban. These are red flags. So you inquired in San
Carlos. Given these circumstances, he may not execute the testimonial of good moral character because if he
does so, he may be held liable under Rule 7.02.
Rule 7.03. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he,
whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.
 Commission of unlawful act though not related to the discharge of professional duties which puts his moral
character in serious danger and renders him unfit to continue practice of law.
 So the conduct of the lawyer can always be subject to investigation by the Supreme Court. The lawyer cannot
say, ‘private naman ni.”
THE INTEGRATED BAR
 Official state organization requiring membership and financial support of all attorneys as a condition precedent
to the practice of law.
 National organization of lawyers (IBP) created January 16, 1973 pursuant to Rule 139-A, ROC.
 Constituted as body corporate by the issuance of PD No. 181.
Integration of the BAR
 Essentially as process by which every lawyer is afforded an opportunity to do his share in carrying out the
objectives of the BAR as well as obliged to bear his portion of its responsibilities.
 Dictated by overriding considerations of public interest which justifies the restrictions that integration imposes
upon the personal interests and convenience of the individual lawyers.
 Mandated by the Constitution and has the power to promulgate rules.
 You are a lawyer, you passed the bar but you are not really working as a lawyer. Let say you are working as a
doctor. Are you required to pay your IBP dues?
1. In Re: Edillon – Edillon refuses to pay his IBP dues claiming that it is a violation of his freedom of
association. He said that he is being forced to join the IBP when he does not like the IBP at all. He also said that it
is a violation to his right to property because he is forced to part with his money to pay for his dues.
- SC said that the integration of the bar is a legitimate exercise of police power to regulate an important
profession which is the legal profession. This is because the said profession works in partnership with one of
the 3 branches of government. The activities of the IBP can benefit not only the lawyers but the society as
well. It has legal clinic, legal aid work and some IBP chapters are also accredited MCLE providers. (In the
cases of legal ethics, you noticed that the IBP is the investigative arm of the Supreme Court. Before the
Supreme Court decides, it refers the case to the IBP to make a report and recommendation).

- As to the violation of freedom of association, the SC said that bar integration does not make a lawyer a
member of an association of which he is already a member. In other words, it is not the doing of the
integration that a lawyer becomes a member of the IBP. This is done by the lawyer himself by going to law
school, by taking the bar, by taking the lawyer’s oath; he is automatically admitted as a member of the IBP.
Integration is only the process of organizing the lawyers but membership in the IBP is the doing of the lawyer
himself. So how can there be violation in the freedom of association when the lawyer himself made himself a
member of the IBP.
- SC further said that besides, the lawyer is not forced to join the activities of the IBP. He need not vote in the
election of officers. There is no compulsion EXCEPT for the payment of IBP dues.
- As to right to property, SC said that there is merit to the argument but this right must bow down to the
higher right of the State, which is the police power.
2. Santos vs Llamas (AC No. 4749) – the lawyer here did not pay his IBP dues on the ground that he is a
senior citizen and thus, he must be exempted because under the Senior Citizens Act, senior citizens are
exempted from the payment of income tax. Another is that he claims that he has a very limited practice as his
primary livelihood is farming. He only has 3 cases with that of his friends.
- SC said that this he should still pay for IBP dues.
DISTINCTIONS BETWEEN INTEGRATED BAR AND OTHER BAR ASSOCIATION (I.E. FIDA, YLAC)
INTEGRATED BAR BAR ASSOCIATIONS

Membership Compulsory Voluntary
Membership in Sine qua non to the practice of No.
Good standing law.
Violation of rules on integration No.
is sufficient cause for disbarment
or suspension.
Shall not operate at cross

purposes with the IBP and they
should not obstruct or defeat the
purposes of the IBP.
CANON 8. A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.
Rule 8.01. A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise
improper.
 Should be observed even in the pleadings that lawyers file.

 Forceful but dignified, emphatic but respectful
 Clients, not the lawyers, are the litigants.
Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer;
however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking
relief against unfaithful or neglectful counsel.
 Simply put, do not steal clients because it is unethical.

 Example: A client consulted you regarding her case, an annulment case, which is pending in the RTC and she told
you that she already had a lawyer yet she discovered from a very reliable source that her husband secretly met
with her lawyer. She continued, and said that she discovered that her lawyer is helping my husband to get
custody of our minor children. She asked you what she would do.
Give your honest advice. That her lawyer did not do the proper thing because her lawyer owed to her, his
100% loyalty and he seeing her husband without her knowledge and consent and talking about the custody of
their minor children is contrary to her interest. The lawyer is being unfaithful. You advise her to fire that lawyer. If
she asks you to be her lawyer instead, then you may accept. You are not considered guilty of stealing client
because of the exception in Rule 8.02 (“however” part).
 A lawyer shall not negotiate with opposite party who is represented by counsel, without the latter’s knowledge
or presence.
 What about witnesses? Can you interview them without the knowledge of the other party or the other lawyer? –
Yes, there is no prohibition only a party.
CANON 9. A LAWYER SHALL NOT DIRECTLY OR INDIRECTLY ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.
 Only those who are licensed to practice law can practice law.
 A lawyer allows her paralegal to appear as counsel.
 When we say unauthorized practice of law, what comes to our minds are those non-lawyers who masquerade as
lawyers but lawyers can also be guilty to unauthorized practice of law when:
1. lawyers are public officials and their positions does not allow concurrent practice of law
2. practice of law during the period of his suspension
3. disbarred lawyers who continue to practice law
Canon 9.01. A lawyer shall not delegate to any unqualified person the performance of any task which by law may only
be performed by a member of the bar in good standing.
 Delegation to a non-lawyer, or to a disbarred lawyer, suspended lawyer, alien lawyer unethical

 Example: Paralegals drafting contracts, petitions, affidavits, even interviews witnesses and clients, are not
considered unauthorized practice of law nor is it considered a delegation to an unqualified person which may be
performed only by a member of the bar, because they are considered employees of the lawyer. The lawyer is
responsible and owns the product of their paralegal’s works. They ought to review and sign them thus; they are
deemed owners of such works.
Rule 9.02. A lawyer shall not decide or stipulate to divide a fee for legal services with persons not licensed to practice
law, except:

1. Where there is a pre-existing agreement with a partner or associate that, upon the latter’s death, money
shall be paid over a reasonable period of time to his estate or to the persons specified in the agreement;
or
 Example: A partner died leaving minor children and the spouse have no means to support the family
as she is a full-time wife, and so the partners agreed that for a period of 5 years, their law firm will
give 20% of its earnings to the heirs of the dead partner. Not allowed, it should be a pre-existing
agreement.
2. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

 Considered an exception because the share of the dead lawyer will go to his heirs who are non-
lawyers.
3. Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based
in whole or in part on a profit sharing arrangement.
 General Rule: You do not share fees with unauthorized persons.

 Reasons: 1. To ensure that only lawyers can do legal works. Otherwise, non-lawyers may also do legal works
because they have a share in the fees. 2. The non-lawyers are not subject to administrative control.
 Example: Your law partner is disbarred but he still remains in the law firm doing clerical works but still share
profits. This is not allowed because he is not authorized to practice law. He may only receive salary as a
paralegal.
 Example: Friends who has referrals for notarization of documents gets a share in the notarial fee. Not allowed.
CANON 10: A LAWYER OWED 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.
 When can we honestly say that justice is done in a particular case?

- If the truth prevails. How can there be justice if the finding of facts by the court is not correct because the
lawyer did not present the correct facts. So it is the lawyer’s duty to be truthful, honest and candid to the court,
with the end view that the truth will come out in the litigation and ultimately justice will be served.
 Cases of Falsehood:
- Raising issues long laid to rest by a final and executory judgment.
- Making it appear that a person, long dead, executed a deed of sale in the lawyer’s favor.
- Denying having received the notice to file.
- Presenting falsified document before the court.
- There could also be criminal liability under Article 184; knowingly offering in evidence a false witness or
testimony in any judicial or official proceedings.
Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the
argument of the opposing counsel, or the text of a decision or authority, or knowingly cite as a law a provision already
rendered inoperable by repeal or amendment, or assert as a fact that has not been proved.

 Example: Taking out a line or 2, or a paragraph from existing jurisprudence and then apply it to suit your
argument. It is also possible that your case is not entirely in all fours with that jurisprudence that you just cited
but if you take it out of context it can suit your arguments and that is misquoting. Misquoting the contents.
 This is in keeping to the lawyer’s duty of being honest to the court.
 Take note of the word “knowingly”; maybe not under Rule 10.02 but in other rules such as negligence for not
checking the quoted lines properly, or ignorance of the law, or incompetence.
Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.
 Litigation is not a gamble of technicalities.

 Rules of procedure can be abused or misuse to delay or defeat the ends of justice.
 Eternal Gardens Memorial Park vs Ca - there is already a decision and the decision was, “spouses are the rightful
owners of the property, an agricultural land. Must be turned over to the spouses.” Already final and executory
and so a writ of execution was issued by the RTC, but Eternal Gardens comes in, a transferee pendente lite. So
Central Dying sold the property to Eternal Gardens while the case was pending and now, it cannot accept the
decision and filed for MR but was denied, then certiorari and MR to CA also denied , and finally to SC which was
also denied. The courts were consistent in saying the case is already final and executory, thus, does not warrant
re-litigation. SC said that as transferee pendente lite, Eternal Gardens is bound by the judgment then the case
was remanded to RTC for execution but Eternal Gardens filed for the same motions until it again reached the SC,
all were denied. Then third cycle went on same motions were made until it again reached the SC. Because of
these, the execution of the judgment was delayed for 15 years and in the interim, what was once an agricultural
land became a cemetery.
SC said in this case that as officers of the court, lawyers have a responsibility to assist in the proper
administration of justice. They do not discharge this duty by filing pointless petitions that only add to the work
load of the judiciary especially this Court which is burdened enough as it is. A judicious study of the facts and the
law should advise them when a case such as this should not be permitted to be filed to merely clatter the
already congested judicial dockets. They do not advance the cause of law or their clients by commenting
litigations that for sheer lack of merits do not deserve the attention of the court.
CANON 11. A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS
AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
 Lawyer’s first duty is to the courts.

 This duty of respect applies to all other judicial officers who take part in the judicial work.
 Obedience to the court orders and processes.
 In Re: Almacen – criticisms must be bona fide and must not spill over the walls of decency.
Almacen lost the case and filed an MR but he failed to include in the MR a notice of hearing. The effect
was that the MR was regarded as a mere scrap of paper and does not interrupt the reglementary period. He
appealed to the CA was denied via Minute Resolution, the same case in the SC. But Almacen was disappointed
with the decision through Minute Resolution so he filed a petition surrendering his license as a lawyer and that
he will take it back only if his trust in the judiciary is restored. Further he stated that his client has become a
victim in the judicial system, that the justices are hoodlum in robes, etc.

Criticism is allowed but what makes it wrong in the case of Almacen is that they were not bona fide. He
lost the case not because of the doing of the Court but because he bungled it plus the language was very
improper.
Rule 11.01 - A lawyer shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court hearings.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or having no materiality to
the case.
 Example: Saying that the Judge is “bogo” that’s why they lose the case.
 If no evidence to support then better not to say at all because it might harm the reputation of the court.
 IN RE ARGUAS, 1 PHIL. 1 -the instructed witness not to look at defendant’s lawyer but instead focus his
attention on the former. When the witness did not give heed to the warning, judge arose from his seat and
grabbed the witness by the shoulder.. Lawyer asked that the incident be placed on the record, was held in
contempt.
SC ruled that such act of insisting that the matter be placed on record is not contemptuous. Lawyers
must however be courageous enough to expose arbitrariness and injustices of judges.
Rule 11.05. A lawyer shall submit grievances against a judge to the proper authorities only.
 You don’t go to the radio or church group.

 Only to the proper authorities:
- Supreme Court
- Office of the Ombudsman
Maceda vs Ombudsman – The Ombudsman can investigate judges BUT only upon prior referral by the
SC, without referral it cannot investigate.
- HR & Senate – for SC Justices (impeachable officers)
RULE 12. A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of
his case, the evidence he will adduce and the order of its preferences. He should also be ready with the original
documents for comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
 Forum-Shopping - as a result of or in anticipation of adverse opinion in one forum, a party seeks favorable
opinion in other forum(s) on the gamble that one will render a favorable disposition.
 Shopping for a friendly court.
 Evils of forum-shopping:
1. Duplication or multiplication of suits
2. Double or multiple vexation of lawsuits arising from only one cause

3. Clogging of court dockets
4. Waste of time, energy and resources
5. Reprehensible manipulation of court processes and proceedings
6. May result in tribunals rendering conflicting rulings
 How do court prevent forum-shopping:
- Under the ROC, for every initiatory pleading must be accompanied by a certification of non-forum
shopping.
- If no certification – curable by amendment
- Sec. 5, Rule 7, ROC: CERTIFICATION OF NON_FORUM SHOPPING in initiatory pleadings signed by the
party, not the lawyer. Otherwise:
- Failure to comply not curable by amendment.
- Dismissal without prejudice, unless otherwise provided, upon motion and after hearing.
- Submission of a false certification/noncompliance with any of the undertakings therein -
indirect contempt of court, administrative and criminal sanctions.
- Willful and deliberate forum-shopping - summary dismissal with prejudice, direct contempt,
administrative action
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the
period lapse without submitting the same or offering an explanation for his failure to do so.
 There’s a case of a lawyer who filed 3 motions for extension to file his comment but he did not file a comment
afterwards and no explanation was given why he was not able to do so. He was found guilty of a violation under
this rule. The failure gives a prima facie evidence that the lawyer is merely delaying.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgement or misuse Court processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is
still under examination.
 To prevent lawyers from teaching or coaching witness to testify in his favor or to rectify some mistakes or
statements damaging to his cause.
 In the last analysis, to uphold the truth.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.
 Lawyer should do no falsehood nor consent to the doing of any in court.

 Criminal Liability:
- Witness: false testimony (Art 181, 182, 183 RPC, depending upon the nature of the case)
- Lawyer: offering false testimony in evidence; criminal and administrative liability
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
Rights of the witness under the Rules of Court (Sec. 3, Rule 132, ROC)
 To be protected from irrelevant, improper or insulting questions and from harsh and insulting demeanor.
 Not to be detained longer than the interests of justice requires.
- Do not prolong if you can finish right away.
 Not to be examined except only as to matters pertinent to the issue.

- Relevant questions only.
 Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by
law.
- Right against self-incrimination
 Not to give an answer which will degrade his reputation, unless it be the very fact at issue or to a fact from
which the fact in issue unless would be presumed. But a witness must answer to the fact of his previous final
conviction for an offense.
Rule. 12.08. A lawyer shall avoid testifying in behalf of his client, except:
a. On formal matters, such as the mailing, authentication or custody of an instrument, and the like; or
- Because the lawyer is in the best position to be informed on those matters.
b. On substantial matters, in cases where his testimony is essential to the interest of justice, in which event he
must during his testimony, entrust the trial of the case to another counsel.
- Example: The lawyer is the only witness.
- Take note that the lawyer must entrust the trial to another counsel because it will get confusing as the
lawyer will be asking himself during trial.
- The lawyer may only entrust the trial to another lawyer during his testimony and may not be on the
entire trial.
- Example: The client was charged with attempted murder and his defense was denial and alibi. The
lawyer executed an affidavit that he was with the client and that they were away at the time of the
commission of the crime. Is the lawyer guilty of Rule 12.08?
- Santiago vs Rafanan – According to the SC, Rule 12.08 contemplates of a situation where there is already
a trial; this rule applies only when there is a pending criminal case in court. If only under preliminary
investigation this rule does not apply thus, the affidavit of the lawyer is not yet a violation of the said
rule. Also, the Court said that the testimony of the lawyer is essential because there is no other person
who can testify as to the whereabouts of the client and will fall under paragraph, should the case
graduate to trial but he must entrust to another lawyer the trial during his testimony.
 General Rule: A lawyer shall avoid testifying in behalf of his client.

 Reason: Because there is possible inconsistency between the role of the lawyer and that of a witness. A lawyer is
expected to be bias, a partisan or a favorite but a witness must be objective and be truthful, not to have any
favorites.
 If he testifies it will be admitted but the probative value or weight of the testimony might be affected because
the judge may see bias on the part of the lawyer.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH
TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating
familiarity with Judges.
 REASON: To protect the good name and reputation of both lawyer and judge.
 To avoid misconstruction of motive so as not to seriously affect the confidence of the litigants and the public in
general on the courts and justice system.

 Lantoria vs. Atty. Bunyi – A lawyer prepared draft decisions for the judge. The judge requested it because he is
so busy. The lawyer said that he was just accommodating the request of the judge and no corruption happened.
Also, he claimed that the judge may choose to ignore the draft decisions. SC said that these were not valid
defenses. Actual influence on the court is not necessary. Appearance of influence or tends to influence the court
is already actionable.
Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public
opinion for or against the party.
 Evil sought to be avoided by the rule: TRIAL BY PUBLICITY; tending to arouse the media
 Trial by Publicity – when there is overwhelming public opinion regarding the case.
 Effect of Trial by Publicity – Judge no longer decides independently based solely on facts, evidence and law but
also his decision is not tainted with overwhelming public opinion.
 Lawyers who are interviewed by the media – they must deliver the statement to the media so as not to violate
this rule by merely quoting the statements and argument already found in the pleadings, do not go beyond the
pleadings.
 When is trial by publicity prejudicial? There must be allegation and proof that the judges have been unduly
influenced, not simply that they might be, by the barrage of publicity.
13.03 – A lawyer shall not brook or invite interference by another branch or agency of the government in the normal
course of judicial proceedings.
 The courts are supposed to be independent and the lawyer must respect this.
 Example: Writing to the Office of the President asking him to intervene in the judicial proceedings.
 This will be violative of the judicial independence that the judiciary must have.
 Aggrieved lawyers must go to the Supreme Court, which is the proper authority.
March 03, 2016

LAWYER AND THE CLIENT
Duties of the lawyer to a client
Canon 14 A lawyer shall not refuse his services to the needy.
Rule 14.01 A lawyer shall not decline to represent a person solely on account of the latter’s race, sex, creed, or
status of life, or because of his own opinion regarding the guilt of said person.
Are lawyers compelled to accept all cases?

- Not really
What is prohibited under 14.01 is declining cases based on the enumerated grounds. Otherwise it is very
discriminatory for the lawyer to decline cases based solely on sex, creed, status, or etc.
Can a refuse to represent an accused on the sole reason that he believes the latter to be guilty?
- No. There is the presumption of innocence before proven guilty. An innocent person, who is a victim only of
suspicious circumstances might be denied of proper defense if lawyers are allowed to decline just because mukhang
guilty.

- NO, otherwise, the lawyer assumes the character of a judge. Innocent persons who are victims only of suspicious
circumstances might be denied proper defense. The lawyer should defend the accused by all means that the law permits
regardless of his personal opinion as to the guilt of the accused.
Remember: just because a lawyer cannot decline a case, it does not give the lawyer the license to resort to
unethical and illegal means to defend his client which he thinks is guilty. “Mura man jud nig guilty akong client, mapugos
na lang jud ko anig pamakak sa akong defense.
The lawyer could ensure that they invoke the proper defenses; avail the mitigating circumstance which are in the
client’s favor; yes the client is guilty but the crime has prescribed, that’s a ground to quash an information or move to
dismiss the criminal case; the penalty has prescribed; the information does not allege an offense; the information was
filed by a person unauthorized. These are the grounds under the rules of court that you can invoke, regardless if your
client is guilty or not.
What if the lawyer is certain that the client is guilty because he confessed? Can the lawyer refuse the case?
- If the lawyer discovers that his client is guilty, he should continue with the defense and use all fair and reasonable
means in doing so; see to it that due process is observed and that he is accorded the correct penalty. If prosecution fails
to prove the guilt beyond reasonable means, then invoke for client’s acquittal. Under such circumstance, the accused is
legally entitled to an acquittal.
Example Situation:
The client confessed that he forged the document. The prosecution on the other hand submitted evidence. What
evidence? A mere photocopy of the original document; not even a certified photocopy. As defense counsel what should
you do?
- You can object to the evidence. Or move for the acquittal of the client. Why? Because the evidence is insufficient.
It is because if we are talking about forgery, the best evidence is the original copy or at the very least a certified copy.
Is this rule (the rule that you cannot decline a case just because the client is at fault/guilty) applicable in civil cases?
- NO. In civil cases, it is the lawyer’s duty to counsel or maintain such actions or proceedings only as appear to him
to be just, and such defenses that he believes are honestly debatable unde the law. The lawyer’s signature in a pleading
is deemed a certification by him that he has read the pleading, that to the best of his knowledge, information and belief,
there is good ground to support it.
Rule 14.02 A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio
or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free
legal aid.
If you are appointed as counsel de officio or amicus curae, do not decline except you have sufficient cause.
Can an accused refuse a counsel de oficio?
- Yes if he wants to hire a counsel of his own choice, he cannot be compelled to accept counsel de oficio. But the
accused cannot use to this as means to delay a case or defeat the proceedings.
Can the judge assign a lawyer to render free legal aid to destitutes or indigents in civil cases?
- Yes, under Section 31 Rule 138 where the services of counsel are rendered to attain the ends of justice.
But it’s no longer called counsel de officio. Counsel de oficio is for criminal cases only. But the judge can also assign
a lawyer to civil case and look at the ground it’s very broad; so it’s on the discretion of the judge.
Rule 14.03 A lawyer may not refuse to accept representation of an indigent, unless:
A.) he is not in a position to carry out the work effectively or competently;
B.) he labors under a conflict of interest between him and the prospective client or
between a present client and the prospective client.
Concept of Conflicting Interests

- when the lawyer would argue a claim on one hand and would have to argue the defense against such claim on the
other hand.
Example:
A case where the lawyer is counsel for complainant. But it was found out that the same lawyer also prepared
the answer for the complaint. His defense: gi print ra sa opisina, dili siya ang gahimo atu. Tenable defense? NO.
Another defense: I am not the counsel of record for both parties.
SC said: For there to be conflict of interest, it is not required that you should be counsel of record for both
parties, otherwise, we will only be punishing the most obvious form of conflict of interest. And kani bayang conflict
of interest, this is usually done covertly (done secretly but not on record).
Rule 14.04 A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same
standard of conduct governing his relations with paying clients.
- same degree of diligence or care should be given to paying and non-paying clients
CANON 15- A lawyer shall observe candor, fairness, and loyalty in all his dealings and
transactions with his clients.
Rule 15.01 A lawyer in conferring with a prospective client shall ascertain as soon as practicable whether the
matter would involve a conflict with another client or of his own interest and if so shall so, forthwith inform the
prospective client.
- This is logical. While talking to a client, you realize there is conflict of interest, you should stop it right then and
there. It would be unethical for a lawyer if, after realizing that there is conflict of interest, the lawyer would still ask for
more questions and ask for more information. Because it is unfair to the person giving the information.
Example:
In a labor case, there’s one complainant and several respondents in a labor case. The lawyer of the complainant is a
counsel of one of the respondents. His theory is that the complainant and this one respondent are in the same footing
because according to him, his client who is one of the respondents is not guilty. There is colorable truth to his theory
because the LA’s decision found the respondents guilty except his client. So according to him, there is no conflict of
interest.
SC said, notwithstanding that defense, the records of the case are clear that he filed the complaint and as counsel
of one of the respondent, he filed a motion to dismiss his own complaint. And as counsel of the complainant, he filed an
opposition to his motion to dismiss. Then several other pleadings that quarrel with one another filed by one lawyer.
Can a lawyer represent conflicting interests?

- GR: NO.
Exc: Rule 15.03 by written consent of all concerned given after a full disclosure of the facts.
What if you are the long time lawyer of two companies. All of a sudden nagkihaay ang duha. Then you are representing
both of them. Is there a conflict of interest?
- YES. So you should inform them of the conflict of interest.
Can you represent both of them?

- Yes. If they give a written consent, after full disclosure of the fact.
Can you choose which among the two will you represent?
- Yes. But still with the written consent of both clients.
Rule 15.03 A lawyer shall not represent conflicting interests except by written consent of all concerned given after
a full disclosure of the facts.
Representing conflicting interests is a criminal offense.

Betrayal of Trust by an Attorney. Art. 209, RPC
Treachery and double-dealing is condemned.
Example:
Yesterday: A mayor of a municipality went to your office for consultation about their project for computers. The
project went through proper bidding, but the prices is not reasonable because it is over-priced. And there is a business
man who complained about the bidding process. You advised him na over-priced jud, and the specs are not remarkable
at all. Mahal ra. So the mayor responded and said that he will not hire you anymore as his counsel.
Today: A business man paid you a visit. He said that he is engaged in a business of selling computers. He
said he participated in the procurement of computers in a certain municipality. He said he had the lowest bid with very
good specs. Then you realized that he was referring to the project of the mayor who talked to you yesterday. So the
business man wants to hire the lawyer. He wants to file a case against the municipal officials.
Should you take the case? Is there conflicting interests? The mayor did not hire you. Is it your fault na wala ka gi hire ni
mayor?
- The answer is in Hilado vs David. Where the lawyer did not accept the case but he represented the adverse party
after consultation by the other.
Hilado v David:
It is not essential that the client should have employed or paid the lawyer professionally; mere onsultation suffices
to establish a lawyer-client relationship. Lawyer should not represent conflicting interests. The lawyer need not be
employed, he need not even be paid. The duty not to represent the conflicting interest is already there. MERE
CONSULTATION SUFFICES TO ESTABLISH A LAWYER CLIENT RELATIONSHIP. There being such relationship, there is
already the duty not to represent a conflicting interest.
- It applies during consultation and even after the client-lawyer relationship is terminated. It outlasts the
relationship.
Example:
Two brothers are charged with murder. They are represented by the long time lawyer of their faamily. They are
Brothers A and B. In the witness stand, A testified and dropped a bomb shell saying “Dili ko guilty. Ako rang brother ang
guilty.” This caught the lawyer by surprise. Then the prosecution manifested that they will utliize A as a state witness.
Can the same lawyer represent A and B?

- NO. There is already conflict of interest. Unless they give their written consent.
Rule 15.02 A lawyer shall be bound on the rule on the privilege communication in respect of the matters disclosed
to him by a perspective client.

This is the attorney-client privilege
What is covered?
- All forms of communication.
If the lawyer is asked to disclose the privileged communication, who will give consent?
- The client.
If the clerk, stenographer, or lawyer’ secretary is asked to disclose, who will give the consent? - Both lawyer
and client.
What is this rule and where do we find this?

- Found in Sec. 24 Rule 130 of the Rules of Court.
An attorney cannot, without consent of his client, be examined as to any communication made by the client to him or
his advice given thereon in the course of OR WITH A VIEW TO PROFESSIONAL EMPLOYMENT.
This tells us that attorney client relationship already exist even if it is still during consultation. The client need not hire
the lawyer in the end or the lawyer need not take the case, as long as there have been communication with a view to
professional employee
Are pleadings confidential?

- Before they are filed in court, they are confidential.
LIMITATIONS TO CONFIDENTIAL PRIVILEGE – not all communications are privileged.

Basic Limitations:
1. The purpose must be to seek legal advice
2. It does not extend to communication of future crimes
3. Privilege also apply to law students under Law Students Practice Rule.
- When you reach 4th year, you will be handling cases but remember that the privilege also apply to you.
Purpose:
1. To encourage clients to fully disclose to the lawyer without fear.
2. To enable counsel to obtain information so as not to be mislead in the evaluation of the merits or
demerits of the client
 A lawyer can only have a true appreciation of the client’s case if he knows all the pertinent facts. And only if the
lawyer can know the pertinent facts that he can arrive for workable strategy on how to manage and handle the case.
 So if the client withholds valuable information, that can be the skew of the lawyer’s picture of the case. And it is
unfair on the part of the lawyer.
 To know a valuable information the first time the client testifies, there is a danger that all the strategy is thrown out
of the window kay mausab tanan if di sya kahibaw.
 2 Fold Purpose: In favor of both lawyer and client
Regala vs Sandiganbayan - the issue is: Whether the identity of the client is covered by the attorney-client privilege?
Can the lawyer even refuse to disclose the identity of his client by invoking the attorney-client relationship?
If your answer is YES, is there exceptions? If NO, exceptions?
GR: Lawyers may not refuse to divulge the identity of his client

- As a matter of public policy, a client's identity should not be shrouded in mystery:
1. The court has a right to know that the client whose privileged information is sought to be protected in flesh and
blood.
2. The privilege begins to exist only after the attorney-client relationship has been established.
3. The privilege generally pertains to the subject matter of the relationship
4. Due process considerations require that the opposing party should, as a general rule, know his adversary.
EXCEPTIONS
1. When there is a strong probability exists that revealing the client's name would implicate that client in the very
activity for which he sought the lawyer's advice.
2. Where disclosure would open the client to civil liability.
3. Where the government's lawyers have no case against an attorney's client unless, by revealing the client's name, the
said name would furnish the only link that would form the chain of testimony necessary to convict an individual of a
crime.
Other Exceptions
-the content of any client communication to a lawyer lies within the privilege if it is relevant
to the subject matter of the legal problem on which the client seeks legal assistance
-where the nature of the attorney-client relationship has been previously disclosed and it is the identity which is
intended to be confidential, the identity of the client has been held to be privileged, since such revelation would
otherwise result in disclosure and the entire transaction.
*information relating to the identity of a client may fall within the ambit of the privilege when
the client's name itself has an independent significance, such that disclosure would then reveal client confidences.
Rule 15.04 A lawyer may, with the written consent of all concerned, act as mediator, conciliator, or arbitrator in
settling disputes.
Rule 15.05 A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable
results of the client’s case, neither overstating nor understating the prospects of the case.
- This is the duty of being honest to your client. Do not give the client that which he wants to hear. Do not overstate
and do not understate.
A man is shot dead in Colon. There is now preliminary investigation for a complaint for murder against the shooter. The
shooter goes to a lawyer and seeks for his advice. What’s the evidence against the shooter? Then the prospective client
aid, there is an eye witness about 50 of them. And all of them already executed affidavit. What else? CCTV footage. And
the lawyer said, “Don’t worry you will not go to jail. Ang katung mga ebidensya wala tuy silbi.” - this is overstating.
- The lawyer is giving false hope to the client and to you the lawyer – He is subjecting himself to unnecessary
stress and pressure to win because he promised that a difficult case is winnable. And because of too much pressure, the
lawyer might push him to resort to extra-legal means just to make good of his false prediction.
If you lose – What will the client think of the lawyer? - Incompetent, bakakon, neglectful because how did he lose a case
which he represented as winnable.
What about understating?

- The heirs of the victims go to the lawyer and hired him as their counsel. With the same evidence. Then the lawyer
said, “Sus kalisod. Mao ra jud na inyong ebidensya? I’ll just do my best pero lisod kaayo.”
What is wrong with understating? This time the client is subjected to unnecessary stress. What is the usual reaction
of a stressed client? He will seek 2nd, 3rd, etc opinion. Then what if they give honest opinion? The client will think that the
1st lawyer is incompetent and he will be enticed to transfer the representation of his case to another lawyer.
But even though it is not written in any code, it’s common sense that you should not promise a victory. Because
the lawyer is not an ensurer of the outcome of the case. There are many factors beyond the lawyer’s control. So how
do you correctly do it?
- You can perhaps give the client the pros and cons of his case. You can do that in a subtle way without promising any
victory by telling him the strength and weakness of the case. It’s up to the client to think the outcome.
Rule 15.06 A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative
body.
- This is because a case should be won based on merit and not because the lawyer knows he judge or arbiter.
Example: “Kanang mga labor arbiter diha, ako man nang mga classmates sauna. Kusug pa jud na mangopya. I can just
give them a call” - unethical
Rule 15.07 A lawyer shall impress upon his client compliance with the laws and the principles of fairness.
- It is the lawyer who should hold the rail. The client should yield to the lawyer and not the other way around.
Wicker vs Arcangel
―I was just Lawyering. I was just serving as a mouth piece of my client + contemptuous statements against the
judge. - not a valid defense
Lawyers should advice client on matters of decorum and proper attitude towards courts of justice
 Let’s say the lawyer must curve the client’s desire to publicize the litigation. Curve the clients desire to match on
the streets and rally.
There’s a particular case where a union has a pending appeal in the CA and dugay na kaau, wala pa juy action sa CA. so
the Labor Union went to their lawyer, that he will stage a picket before the CA to remind them of their case and
position. The lawyer advised them to pursue with the picket because it is their right to peaceably assemble, it is also an
exercise of their freedom of speech and expression.
Supreme Court held that it is UNETHICAL for the lawyer to make such advice. The lawyer should know that Picketing and
Rallying before courts and any other quasi-judicial agencies are forms of influence on such forum.
- Remember that even the appearance of influencing the court is already unethical. You do not prove actual
influence on the court
Rule 15.08 A lawyer who is engaged in another profession or occupation concurrently on the practice of law shall
make clear to his client whether he is acting as a lawyer or in another capacity.
- Remember lawyers may practice other professions. But they must make it clear to the client in what capacity are
they acting on, whether as a lawyer or in another capacity.
- This is to protect the client.
Make it appear to the lawyer if you are still being a lawyer or you are not being a real estate agent or an insurance
agent.
Example:
―Mam, mao ni nahitabo sa atong kaso. Naghearing yesterday and these are blah blah
blah.. Do you have any questions? ―No more attorney, everything is perfect, thank you
o ―so wala na man kay questions mam, karun naa koy baligya nimo nga yuta (sales talk dayun)‖
- In this case, the lawyer must make it clear that this time around, he is
no longer acting as a lawyer but rather, acting as a real estate agent
whose primary purpose is to sell and to profit.
- This is also in order for client to be wary. “Ay dili na ko motuo aning attorney oi, namaligya na ni siya.”
CANON 16 A lawyer shall hold in trust all money and properties of his client may
come into his possession

In so far as his client is concern, there are DUAL ROLES OF THE LAWYER:
1. that of a fiduciary or a trustee – at most good faith and fidelity on the part of the lawyer; strict compliance with
canon 14-22
2. as agent of the client – to appear in court as representative of the client, binds the client in matters of judicial
proceedings;
Foremost, a lawyer is more than an ordinary agent, he is an officer of the court.
Regala vs Sandiganbayan
The Supreme Court made it clear that the lawyer is more than an ordinary agent, he is an officer of the court. The lawyer
controls the case and if his client insists on illegal means, it is the lawyer’s ethical duty not to follow the client’s
instructions.
An ordinary agent would have to follow principal instructions. But the lawyer may or may not follow; it depends on the
lawyer’s discretion. IT’S MORE THAN AN ORDINARY AGENT.
EXAMPLES WHERE A LAWYER BREACH HIS CLIENT’S TRUST IN TERMS OF

HANDLING MONEY OF THE CLIENT
1. Misappropriation by lawyer of rentals

- This happened in an ejectment case to evict a tenant or leasee who has not been paying rentals which violated
the contract. An incidental relief would be the payment of the unpaid rentals while the case is still pending. Unknown to
the client who is the landlord, the tenant has been paying to the lawyer. The lawyer did not tell his client and instead
used it for himself.
- It even constraint the client to look for another lawyer just so he can file a collection suit against his other
lawyer.
2. Securing money from client for fictitious bond and appropriating the same
- Misappropriating money given by client to be used for amicable settlement. In fact, the
lawyer did not even attempt to enter into amicable settlement and just pocketed the same.
Rule 16.01 A lawyer shall account for all money or property collected or received for or from the client.
Why should he account?

- because the money or the property is not his.
Rule 16.02 A lawyer shall keep the funds of each client separate and apart from his own and those of others kept
by him.
No co-mingling of funds – do no mingle your own funds with client funds or if you are handling funds of different client,
keep all of them separate.
REASONS:
1. To avoid confusion
- How much go to whom? How much do I own here and how much will go to my client?
2. To prevent temptation on the part of the lawyer to appropriate client funds.
CONSEQUENCES OF UNLAWFUL RETENTION OF CLIENT FUNDS

violation of Canon 16, ADMINISTRATIVE LIABILITY

Can it constitute contempt of court?
- YES. It is a ground for indirect contempt of court. It is the officer of the court who
misbehaves in his official functions. There could be also criminal and civil prosecution. If all
elements of Estafa are there, then he can also be sued for Estafa.
Can a lawyer borrow money from the client?

- NO.
Reasons:
 The lawyer might take advantage of his legal superiority.
 There is also moral ascendancy.
 There can also be an undesirable effect on the lawyer.
Exceptions:
1. If the client’s interests are fully protected by the nature of the case or by independent advice.
- Let’s say your client is a bank. Ofcourse the bank also has other lawyers who will protect its interests.
You are considered to be equally balanced.
Can the lawyer lend money to his client?

GR: NO, same reason why he cannot borrow.
Exception: When in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for his
client.
 You have to represent the case in Tacloban. You need 10K for air fare then additional amount for your accomdation.
But the client said he has no money.
Can the lawyer shoulder the expense and extend it by way of a loan?
- YES. Ako lang sa. Pero kung naa na ka kwarta, bayri jud dayon ko. Allowed? Yes in the interest of justice he has
to advance the expenses. It is in the legal matter he us handling for the client.
Client borrow money from lawyer because fiesta na sa ila. Can the lawyer lend?
- NO, the law is very particular. The loan must be necessary, a legal expense in a
legal matter that the lawyer is handling.
Can a lawyer enter into business transaction with the client? Example, they will open a restaurant. Capital ang sa client,
and lawyer ang chef.
- YES, it is allowed because there is no prohibition. He is not barred from dealing with his client but he transaction
must be exercised with outmost honesty and good faith. Much higher standard of good faith required.
What if the business of the lawyer is lending? Pwede sya kapahulam sa iyang client (kay different business transaction
man na?
- The law that will apply is 16.04. You cannot lend to a client bisag your business is lending pa na. Basta imong
client, dili ka kapahulam.
16.03 A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a
lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements,
giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and
executions he has secured for his client as provided for in the Rules of Court.
black font – General Rule

red and blue – Exceptions – instances that the lawyer can retain funds and property of the client
Red- retaining lien
Blue - charging lien
2 KINDS OF ATTORNEY’S LIENS
1. RETAINING LIEN – also known as the general or a possessory lien. This is the right of the lawyer to withhold his
clients’ property (funds and documents) that lawfully comes to his possession until payment of his attorney’s fees.
Why the recognition of the attorney’s lien?

-It is but not natural that the lawyer be secured in the fruits of his professional labor.
-Proper administration of justice cannot be secured without an intelligent and prosperous bar.
(STANSELL VS ROACH, 29 ALR 143)
Example:
The lawyer has in his possession the client’s original title to his property. Months later, the lawyer does not need
the title anymore however, wa nay bayad2 ang client sa attorney’s fees. Then the client wants to get back the title
because he needs it. So the lawyer says he will return his title if the client will pay his attorney’s fees.
Can the lawyer do that?

- Yes. That is the Retaining Lien. The lawyer can retain funds and documents of the client until he is paid
of his attorney’s fees.
2. CHARGING LIEN – also known as special particular possessory lien

-this is the right of the lawyer to request the court to annotate his claim for attorney’s fees in what ever recoveries made
by the client prom the losing adversary.
- it is but natural that the lawyer be secured of the fruits of his labor
- purpose is to make it easier for the lawyer to collect, kay naa man jud clients na difficult payers
A lawyer shall have a lien:

 upon all judgments for the payment of money, and executions issued in pursuance thereof which he has secured
in a litigation for his client from and after the time when he shall have 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
caused written notice thereof to be delivered to his client and to the adverse party.
4 REQUISITES:
1. the lawyer has won the case for the client, it is already final and executor
2. it is a money judgment
3. the lawyer must annotate his claim for attorney’s fees in the record of the case
4. written notice to the losing party and to his client
Q: If the lawyer has done all four, what is the effect?

A: The lawyer now gets a portion of the winnings to the extent of his unpaid attorney’s fees.
Example:
The lawyer has won the case for the client and the judgment award is 100K. The lawyer has an amount of unpaid
attorney’s fees of 30K, he annotate his claim and give written notice to his client and the losing party.
Q: What is the effect?

A: The lawyer gets 30K, only 70K goes to his client.

RATIONALE OF ATTORNEY’S LIEN:
It is but natural that the lawyer shall be secured of fruits of his professional labor. Di man jud pwede nga cge lang jd kag
pro bono. You have to earn a livelihood. Used to pay his legal staffs also. It does not mean nga pro bono man to nmu,
pro bono ra pd sa imo staffs, it cannot be.
BASIS: Rules of Court

An attorney shall have a lien upon the funds, documents, papers of his client which have lawfully come to his
possession and may retain the same until he’s lawful fees and disbursements have been paid and may apply such
funds to such satisfaction thereof.
The lawyer shall have the same right and power over such judgments and executions as his clients would have in order
to enforce his liens and secure the payment of his just fees and disbursements.
As a result a legal fiction is created. It is as if the lawyer won or the prevailing party litigant in the case. But the execution
of the money judgment in his favor extends only in so far as the amount of his fees and disbursements.
LIMITATIONS OF A RETAINING LIEN

1. funds, documents, papers only
- if a lawyer has in his possession a car of the client, because the case involves collision. The lawyer needs to
conduct ocular inspection on the car. But later on the client did not pay. The lawyer decided that he will not return the
car unless he is paid of attorney’s fees. – NOT ALLOWED BECAUSE IT IS ONLY LIMITED TO FUNDS, DOCUMENTS AND
PAPER ONLY, NOT ON OTHER KINDS OF PROPERTIES
2. the thing retained should have lawfully come into possession of the lawyer under circumstances consistent with
the enforcement of a lien for services
- thus a retaining liens does not apply to funds coming into the lawyers possession in trust
example: the lawyer took a part of the amount which was supposed to be paid for the capital gains tax para bayad
iyahang attorney’s fees, ang ending kuwang ang nabayad sa sa BIR - Proper exercise of retaining lien? No because the
fund was already alloted and in trust for a particular purpose. He should devote the fund for that particular purpose so
he cannot exercise his retaining lien.
3. a lawyer cannot retain files that the client needs to pursue his case
So if the client fires you and he needs the files, you did not give it because of his unpaid dues. But the client needs the
documents to pursue his case. Then there can be no retaining lien.
CHARGING LIENS
1. the lawyer has won the case for the client, it is already final and executory
2. it is a money judgment
3. the lawyer must annotate his claim for attorney’s fees in the record of the case
4. written notice to his client AND TO THE ADVERSE PARTY
- The lawyer shall have the same right and power over such judgments and executions as his client would have in
order to enforce his need
- So a legal fiction is created – it is as if the lawyer won or is the prevailing party litigant in the case – but the
execution of money judgment in his favor is only as so far as the amount of his fees.
Let’s say all the requisites have been complied with but the losing party paid the entire money judgment to the client.
Q: Can the lawyer still collect FROM THE LOSING PARTY?
A: YES, because that’s the effect of a charging lien. The losing party cannot claim ignorance because he has been notified
but nonetheless he paid everything to the winning party.
REMEDY OF THE LOSING PARTY: Reimbursement from the winning party on the ground of UNJUST ENRICHMENT.

Q: Do you consider amicable settlement as a winning claim?
A: Go back to the rules of court. It says all judgments for the payment of money which he has secured for his client.
-strictly construe – it refers only to decisions rendered by the court
LIMITATIONS ON THE CHARGING LIEN

1. applies only to a specific action in which the charging lien is entered Let’s say the lawyer is handling many cases for
the client. They have won Case1 and the charging lien is recorded therein. Then the lawyer realizes that he has still
unpaid attorney’s fees in Case2, 3, 4, up to 10 and he also applied the charging liens to them.
Q: can that be?
A: NO, because it is a particular lien, applicable only to that case where it is recorded.
2. Favorable money judgments and execution pursuant thereto

The lawyer won the case for the client and the dispositive portion says, ―wherefore premises considered, the marriage
of A and B is considered null and void by reason of psychological incapacity. So ordered.
Q: Can there be charging lien?
A: NO. It is not a money judgment.
-- “wherefore, premises considered, the contract between complainant and defendant is declared valid and
hence, defendant is directed to repair the vehicle of the complainant in accordance with the provisions of the
contract”
Q: Can there be a charging lien?

A: NO. not a money judgment but for specific performance
Q: Damages?
A: Yes
DISTINGUISH RETAINING LIEN AND CHARGING LIEN
RETAINING LIEN CHARGING LIEN

Nature Passive Active
General Specific
Basis Lawful possession of papers, documents,
Securing favorable money
and funds belonging to client judgment for client
Coverage Only documents, papers and funds in the
Covers all judgments for the
lawful possession of the lawyer by
payment of money and
reason of his professional employment
executions pursuant thereto
Effectivity As soon as lawyer takes possession
As soon as claim for lien is
entered into the records of the
case
Notice Client need not be notified Client and adverse party must
notified
Applicability May be exercised before judgment Exercised only when lawyer has
execution or regardless thereof already secured a favorable
money judgment
RL – passive and general

vs CL – active in the sense that it does not become effective without any action on the part of the lawyer and
specific because it pertains only to the case in which it is recorded

BASIS OF RL – lawful possession of papers documents and funds belonging to the client
BASIS OF A CL – favorable money judgment
COVERAGE OF RL – documents papers funds

COVERAGE OF CHARGING LIEN – money judgments
When does RL take effect? – As soon as the lawyer takes possession

When does CL take effect? – As soon as it is annotated in the records of the case
Is notice required for RL? NO, it becomes automatic as soon as the lawyer takes possession.
Is notice necessary before CL can be imposed?
- Yes. Notices to the LOSING PARTY AND TO THE CLIENT.
APPLICABILITY OF RL – maybe exercised before judgment or execution or regardless thereof
Can you exercise RL even if you are not handling litigation for the client? – Let’s say simply advisory, but you have funds
and documents of your client
– YES. It is not dependent on any favorable outcome of the litigation.
APPLICABILITY OF CL – there must be a favorable money judgment
Canon 17 A lawyer owes fidelity to the cause of his client and he shall be mindful of the
trust and confidence reposed in him.
Canon 18 A lawyer shall serve his client with competence and diligence.
Rule 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to
render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a
lawyer who is competent on the matter.
A lawyer is not required to be competent. However, if you can say that you are not competent in that field of law
anymore, then do not undertake legal service. Lawyers are only human; you cannot expect him to know all cases. This
is possible if you specialize a certain field of law, and you feel you are no longer qualified to take cases from another
field. It would be unethical for a lawyer to take a case knowing that he is not competent to handle it.
Q: But can he still handle it even if he is incompetent?

A: YES. but he must he collaborating counsel who is competent of that matter with the consent of the client.
Rule 18.02 A lawyer shall not handle any legal matter without adequate preparation.
Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection there with shall render him liable.
Effects of negligence and incompetence of a lawyer:

 disciplinary action against the lawyer
 malpractice suit for damages
 a criminal conviction may be set aside
 a retrial may be had in civil cases
(the last two of the enumeration are more of exceptions than general rule, they happen in very rare and
exceptional circumstances)

EFFECTS OF NEGLIGENCE AND INCOMPETENCE OF A LAWYER:
1. Obviously, you have administrative liability
2. There could be a malpractice suit for damages – CIVIL SUIT
Generally, a criminal conviction is not set aside, no retrial will be held in civil cases but in exceptional circumstances, it
has been known to happen.
3. Criminal conviction may be set aside if the errors of the defense counsel were so shocking that they deprived the
accused of the constitutional right to effective counsel
You can set aside conviction but it must be proven that the counsel’s acts or omissions were outside the range of
professionally competent assistance. And the negligence must have an actual effect on the outcome of the case, not just
a conceivable or a speculated effect on the outcome of the case.
So this is more of an exception kay usually mupadayon ra jud ang kaso.
Example:
A lawyer who simply forgot the case. Which explain why he wasn’t able to appear hearings and he did not file a single
pleading. He completely forgot about it. Very shocking so this is an exception.
EFFECTS OF NEGLIGENCE AND INCOMPETENCE OF COUNSEL:

CIVIL CASES
-retrial may be conducted
-courts are slow in setting aside judgments in civil cases
CRIMINAL CASES
-criminal conviction may be set aside if the errors of the defense counsel were shocking
that they deprived the accused of the constitutional right to effective counsel.
(MCMANN VS RICHARDSON, 387 US 759)
-conviction may be set aside but accused must show that his counsel’s acts or
omissions ―were outside the range of professionally competent assistance‖.
Furthermore, the acts or omissions must have caused actual prejudice, not just some
conceivable effect on the outcome of the case. (STRICKLAND VS WASHINGTON
466 SCRA 668)
4. Clients are bound by the negligence of the lawyer

DILIGENCE REQUIRED OF A LAWYER: - ORDINARY CARE AND DILIGENCE – GOOD FATHER OF A FAMILY
Why not extra-ordinary?
- A lawyer is not an insurer of the result of the case. He can only do his best; do what he could, according to his
knowledge, capacity and discretion.
The client bound to the negligence of his counsel?

A: YES. A lawyer is an agent of a client. As agent, the lawyer binds the client. Any act of the lawyer within the scope of his
general and implied authority is considered an act of the client.
A contrary rule would have a disastrous result. Because if that is the case, we will be putting premium to negligence. If a
party senses nga pildihunon na jd siya, he can always say “Pildihunon na man gyud ko Sir, magpa as if negligent na lang
ko para makapa re-trial ta. We can have the decision reversed. We can ask for a new trial” So in effect, we are now
rewarding negligence.
“Ay napildi ko. Maygani negligent tu akong lawyer. Pwede ra jud ko magpa re-trial.”
So, the client must be bound by the counsel’s negligence. Except those mentioned exceptional cases, where the
application of the general rule will result to serious injustice and outright deprivation of the client’s life, liberty, or
property without due process of law.
Rule 18.04 A lawyer shall keep the client informed of the status of his case and shall respond within a
reasonable time to client’s request for information.
The lawyer must keep in touch with client for updates and status of the case. He should be ready if the client has
questions regarding he case. There is a duty to keep the client informed.
It is also the duty of the client-litigant to be in contact the lawyer from time to time in order to be informed of the
progress of his case. This is a corresponding duty on the part of the client. No prudent party would leave the fate of his
case entirely to his lawyer. Litigant should give necessary assistance to his counsel for what is at stake is their interest in
the case.
March 17, 2016

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
Atty. R:
Take note of the phrase within the bounds of the law because no amount of zeal can ever justify breaking the law. The
zeal should be within the parameters of what is legal.
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not
present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper
advantage in any case or proceeding.
Atty R.:
Counter charges/suits are allowed as long as these are grounded on facts and law but if it is filed just so to get leverage
or to have bargaining power over the other party then it is unethical.
Defense of a person accused of a crime

It is the duty of the attorney, in the defense of a person accused of a crime, by all fair and honourable means,
regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the
end that no person may be deprived of life or liberty, but by due process of law (Sec. 20 (i), Rule 138, ROC)
Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing
which he shall terminate the relationship with such client in accordance with the Rules of Court.
Atty R.:
If you found out that your client is lying and presented a false document while on the witness stand. You should follow
the steps laid down in rule 19.02. Ask the client to rectify first and if the client refuses then the lawyer can terminate
their relationship because a lawyer cannot be a party to a fraud. However, the lawyer cannot expose the fraud because
it will be betraying a clients secret.
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.

He (the lawyer) should follow his own decision and not that of his client. Thus, a lawyer may agree to postpone
the trial of the case, despite the client’s contrary wishes, if the opposite counsel is sick or under bereavement, or under
other justifiable causes.
Counsel however is bound to comply with his client’s lawful requests.
Atty R.:
There are matters which the client ultimately has to decide.
Ex. Settling cases (it is the client who decides and the lawyer can only recommend)
Appeal
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
Attorney’s Fees Defined

The remuneration given to a lawyer as reasonable compensation for exchange for professional services.
Rationale for Attorney’s Fees

Although the legal profession is not a business undertaking, the lawyer like all other human beings has a right to
livelihood. (Stansell vs. Roach, 29 ALR 142)
Concepts of Attorney’s Fees:

1. Ordinary
2. Extraordinary
Ordinary Concept of Attorney’s Fees

 Reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter
Extraordinary Concept of Attorney’s Fees

Indemnity for damages ordered by the court to be paid by the losing party in a litigation
-form of damages as stated in art. 2208 in the civil code
GR: payable to the client

Exception: agreement between the lawyer and client that the attorney’s fees shall pertain to the lawyer as additional
compensation or as part thereof.
- The lawyer must first explain to the client that the attorney's fees(extraordinary) as a form of damages is
really intended for the client.
Article 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be
recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses
to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and
demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;
(8) In actions for indemnity under workmen's compensation and employer's liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should
be recovered.
In all cases, the attorney's fees and expenses of litigation must be reasonable.
Presumption as to Entitlement of Attorney’s Fees:

GR: if a lawyer renders valuable services to one who receives the benefits thereof, a promise to pay a reasonable value is
presumed (facio ut des: I do so that you will give)
EXC: if the services is intended to be gratuitous
How agreement re: attorney’s fees is made:

1. Oral
2. Written
3. Implied
- Services have been rendered and the client has benefited from it then there is an implied contract for attorney's fees.
Unjust Enrichment principle.
Written Contract for Attorney’s Fees

To avoid controversy over attorney’s fees it is advisable to agree in advance as to the matter of how the lawyer
is to be compensated.
Furthermore, in case of unjustified dismissal of an attorney, he shall be entitled to recover from the client full
compensation based on the written contract. The law seeks to protect lawyer from unscrupulous and ungrateful clients
who dismiss lawyers to avoid payment of attorney’s fees.
- The lawyer can recover the full amount based on the written contract if unjustifiable dismissed. This
benefit is not available if the contract is merely implied or oral.
- in case of doubt or ambiguity in construing the contract for attorney's fees you construe in favor of the
client and against the lawyer.
Interpretation of Contracts for Attorney’s Fees

Attorney’s Fees are subject to judicial review
Reason: A lawyer is primarily an officer of the court charged with the duty of assisting the court in administering
impartial justice between the parties, and hence his attorney’s fees should be subject to judicial review
Kinds of Attorney’s Fees Arrangements:

1. Fixed or absolute fee
-the lawyer gets paid no matter what
2. Contingent fee
-the lawyer gets paid only if they win
3. Fixed fee payable per appearance
4. Fixed fee hourly rate/time billing
5. Fixed fee based on piece work
-ex. Paid per page
-The contract for attorney's fees is consensual like any other contract. They can agree as to what kind of arrangement
and can combine any or all the arrangements as long as both the client and the lawyer consents.
Contingent Fee Contract

 A contract whereby a lawyer gets paid for his services only if he wins the case for the client
 A.K.A. “No Cure, No Pay Basis”

 Agreement laid down in an express contract between a lawyer and a client in which the lawyer’s professional
fee, usually a fixed percentage of what may be recovered in the action, is made to depend upon the success of
the litigation (Taganasa Case)
Rationale of the Contigent Fee Contract

Such contract is often the only way by which the poor and helpless can have their rights vindicated and upheld.
Amount of the Contigent Fee

A contract for a contingent fee, where sanctioned by law, should be reasonable under all circumstances
including the risk and uncertainty of the compensation, and should always be subject to the supervision of the court, as
to its reasonableness. (Canon 13, CPE)
An attorney engaged on a contingent fee basis may not, in order to collect his fees, prosecute an appeal despite
his client’s refusal to appeal. (Leviste vs. CA, G.R. No. 29184, Jan. 30, 1989)
Champertous Contract, Defined.

One whereby the lawyer agrees to prosecute suits at his own expense for the recovery of things or property belonging
to or claimed by the client, the latter agreeing to pay the former a portion of the thing or property recovered as
compensation. VOID.
- Void because the lawyer is now investing in the case and it is normal human behavior that a person always
wants to get a return from his investment the lawyer might resort to unethical or illegal means just to win the
case and recover his investment.
Difference:
Champertous Contract Contingent Contract
 Lawyer undertakes to bear all expenses  Lawyer only waives his attorney's fees and
incident to the litigation does not undertake to bear expenses
 Payable in cash or in kind  Payable in cash or in kind
 Void; against public policy and ethics of the  Valid
profession
Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of the proffered case;
(f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
(j) The professional standing of the lawyer.
- there is no standard rate for attorney's fees
Other factors in determining lawyer’s fees:

a. the clients ability to pay
b. reasonable request from a fellow lawyer
ex. A lawyer ask a lawyer friend to notarize
Quantum Meruit
 Determination of attorney’s fees which is as much as the lawyer deserves;
 “As much as he deserves”
When attorney’s fees based on Quantum Meruit are Awarded:

 When the fees stipulated appear excessive, unconscionable, unreasonable
 Where there is no express contract
 Where the contract of employment is void because of some irregularity in its execution or as to purely formal
matters
 There is an agreement to pay attorney’s fees but the amount has not been agreed
 Where the lawyer withdraws with justifiable cause
Attorney’s fees where client withdraws (Sec. 26, Rule 138):

The lawyer shall recover the FULL AMOUNT of compensation stipulated in the contract if the following conditions
concur:
 Contract has been reduced to writing
 Dismissal of attorney is without justifiable cause
Attorney’s fees where counsel withdraws:

 Cause is justified – quantum meruit
 Cause is not justified – attorney’s fees may be reduced or even forfeited
Law may limit the collection of Attorney’s Fees

 The state as parens patriae may protect the interest of the underprivileged
 Social legislation (e.g. for the benefit of the veterans or the working class for instance)
Examples of law limitations on Attorney’s Fees:

 R.A. No. 145 (U.S. Veterans Claims) – a lawyer is limited to attorney’s fees of not more than P20.00
 “It shall be unlawful for any person to demand or accept, in any judicial or administrative proceedings for the
recovery of wages, attorney’s fees which exceed ten percent of the amount of wages. (Art. 111, Labor Code)
Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in
proportion to the work performed and responsibility assumed.
Requisites for fee-splitting:

 Referral cases
 With the client’s consent
 Proportionate to the work performed and the responsibility assumed
Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs,
commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional
employment from anyone other than the client.
Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial
action only to prevent imposition, injustice or fraud.
Assumpsit
The action filed by a lawyer against his client for collection of attorney’s fees.

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED.
Consequences of Violating Client’s Confidence:

Criminal liability: Betrayal of trust by an attorney or solicitor, Revelation of Secrets (Art. 209, RPC)
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
(a) When authorized by the client after acquainting him of the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.
Exception No.1: When authorized by the client after acquainting him of the consequences of the disclosure.
 Authorization amounts to a waiver on the part of the client
If the witness to be examined is the lawyer’s secretary, stenographer or clerk, consent of client is NOT enough.
In such case: CONSENT OF THE CLIENT AND THE LAWYER MUST BOTH BE OBTAINED.
Exception No.2 : When required by law.

The law does not make a law office a nest of vipers in which to hatch crimes or frauds. (Gerhardt vs. United R. Co., 220
SW 677)
 Public policy and the lawyer’s duty forbid the lawyer from assisting in the commission of a crime or permitting the
privilege to conceal a wrongdoing
 Privilege does not apply to future crimes or frauds. Lawyer cannot be properly consulted on the commission of
future crimes and frauds.
Exception No. 3: When necessary to collect fees or to defend himself or his staff by Judicial Action
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of
employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.
Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an outside
agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar
purpose.
- A lawyer must refuse to give the files of the client which are treated as confidential to any other person
without the client's written consent.
Ex. NBI asks the lawyer to give them the client's files for investigation of investment fraud. Thereafter the
lawyer calls the client through phone and the client consents with the giving of the files. The lawyer still should not give
out the files because the consent of the client was obtained only through phone. Written consent is necessary.
People vs. Sy Juco, 64 Phil. 667 – Court cannot order the opening of a lawyer’s cabinet seized by virtue of a search
warrant which cabinet contains confidential files of his client.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited
by the client.

Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by
him, from disclosing or using confidences or secrets of the clients.
The lawyer is obliged to exercise care in selecting and training his employees so that the sanctity of all confidences and
secrets of his clients may be preserved.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible
conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN
THE CIRCUMSTANCES.
Withdrawal by Lawyer:
1. With consent of the client
2. Without consent of the client
Withdrawal by lawyer with the consent of the client, how effected (Sec. 26, Rule 138, ROC):
An attorney may retire at any time from any action from any action or special proceeding,
a. By the written consent of his client;
b. Motion for withdrawal filed in court;
c. Served upon the adverse party.
Withdrawal by lawyer without the consent of the client, how effected (Sec. 26, Rule 138, ROC):
An attorney may retire at any time from an action or special proceeding,
a. Without the consent of his client;
b. If upon hearing after due notice to both layer and client
c. The court determine if the lawyer ought to be allowed to retire
When may client discharge his lawyer?

Anytime. (Sec. 26, Rule 138, ROC)
“…A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has
been reduced to writing and the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from the client
the full compensation stipulated in the contract…”
Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct violative of these canons and rules;
(c) When his inability to work with co-counsel will not promote the best interest of the client;
(d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment
effectively;
(e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement;
- must be deliberate in order to be a ground for withdrawal
(f) When the lawyer is elected or appointed to public office; and
- refers to a public office which allows the concurrent private practice of law the lawyer may or may not
withdraw but if the public office absolutely prohibits the private practice of law then it is mandatory for the lawyer

to withdraw from all his cases.
(g) Other similar cases.
Other Similar Cases, Some Examples:

 Where client conducts himself in a manner which tends to degrade himself in a manner which tends to degrade
his lawyer
 When it is apparent that the lawyer may be required to act as a witness on substantial matters
 When the client insists on perjuring testimony
 Where client refused cooperation
Court Action in Case of Substitution of Counsel (Sec. 26, Rule 138, ROC):
- The name of the lawyer newly employed shall be entered on the docket of the court in place of the former one,
and
- Written notice of the change shall be given to the adverse party
-important for due process purposes
Duty of Lawyer being Replaced

 To inform the court of such replacement and to ask that he be allowed to withdraw as counsel
 Shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled
 To cooperate with his successor in the orderly transfer of the matter including all information necessary for the
proper handling of the matter.
Effect of Discharge of Lawyer by Client, if Written Contractual Relation Exists

 Unjustified cause- lawyer entitled to recover full amount stipulated in the written contract
 Justified cause- quantum meruit
Hiring of Additional Counsel

A client’s proffer of additional assistance should not be regarded as evidence of want of confidence, but the matter
should be left to the discretion of the client. (Canon 7, CPE)
However, counsel may withdraw when his inability to work with co-counsel will not promote the best interest of the
client.
Lawyers Cease to be Attorneys for their Clients in Case of the Death of the Latter
In the absence of a retainer from the heirs or authorized representatives of his deceased client, the attorney would have
no further power or authority to appear or to take any further action in the case, save to inform the court of his client’s
death and take the necessary steps to safeguard the decedents rights in the case.
- The lawyer cannot force the heirs to retain him as the lawyer of the decedent. The heirs are not bound.
Duty of an Attorney Upon Death of Client

Upon the death (incapacity or incompetency) of the client, it is the duty of the lawyer to inform the court immediately of
such event, and to give the name and residence of his executor, administrator, guardian or other legal representative.
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers
and property to which the client is entitled, and shall cooperative with his successor in the orderly transfer of the
matter, including all information necessary for the proper handling of the matter.
ADMINSTRATIVE LIABILITIES OF LAWYERS

Lawyer violates his obligations under peril(s) of:

 Disciplinary action/administrative action
 Criminal action
- acts of the lawyer constitutes a criminal offense
 Civil action/damages
 Contempt of court
- all can proceed independently
Different kinds of disciplinary actions:

1. Warning
 act or fact of putting one on his guard against an impending danger, evil, consequences or penalties -a
statement put forth to a lawyer, that any similar or other infraction of ethical or other required conduct would
be visited with a higher or more serious penalty
2. Admonition.
 A gentle or friendly reproof, mild, rebuke, reminder, counseling, on a fault, error or oversight
3. Fine
 A pecuniary punishment which courts impose against a miscreant lawyer
 Imposed in accord with criminal violations of the law or as a consequence of the contempt power of the court.
4. Reprimand
 more severe nature; a public and formal censure or sever reproof, administered to a person in fault by his
superior officer or a body to which he belongs
5. Suspension
 The act of prohibiting an attorney from practicing law for a certain period
 “Qualified disbarment” because the attorney is deprived temporarily of the right to practice his profession.
 Suspension shows that a lawyer is currently not a member in good standing
6. Disbarment
It deprives a person of the right to practice as an attorney-at-law
Consequently:
 The attorney’s name is stricken from the Roll of Attorneys
 He ceases to be a member of the bar
7. Contempt
8. Imprisonment
Nature of Disciplinary Action

 Sui generis- a class by itself
 Neither purely civil nor criminal
 It is an investigation by the court into the conduct of one of its officers
- Admin cases is not concerned with private rights (ex. A neighbor files a case against the lawyer for grossly immoral
conduct. The lawyer files a motion to dismiss on the ground that his neighbor is not a real party in interest. Such
argument is untenable because administrative cases does not concern itself with private rights)
 Prescription is not applicable
Disciplinary action not dismissed upon withdrawal by private complainant

 The power to discipline lawyers who are officers of the court may not be cut short by compromise and withdrawal of
charges.
 Disciplinary proceedings involve no private interest and afford no redress for private grievance. They are undertaken
and prosecuted solely for public welfare.
 However, If upon desistance there is nothing more to substantiate the charge then the case may be dismissed on
the ground of lack of substantial evidence and not on the ground of desistance.
Acquittal in a criminal case not a bar to disciplinary action

- The standards of the legal profession are not satisfied by conduct which merely enables one to escape the
penalties of criminal law
- The court, in disbarment proceedings, is acting in an entirely different capacity from that which the court
assume in trying criminal cases
Pendency of criminal action does not suspend disbarment proceedings
Supreme Court trying Disciplinary Cases

En Banc
Cases where the penalty to be imposed is the dismissal of a judge, officer or employee of the judiciary,
disbarment of a lawyer, or either the suspension of any of them for a period of more than one (1) year or a fine
exceeding P10,000.
Direct contempt
Misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, including
disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or
to subscribe an affidavit or deposition when lawfully required to do so.
Indirect contempt
a.) Misbehavior of an officer of a court in the performance of his official duties or in his official transanctions;
b.) Disobedience of or resistance to a lawful writ, process, order , or judgment of a court, including the act of a
person who, after being dispossessed or ejected from any real property by the judgment or process of any court
or competent jurisdiction, enter or attempts or induces another to enter in to or upon such real property, for
the purpose of executing acts of ownership or possession, or in any manner disturbs the possession given to the
person adjudged to be entitled thereto;
c.) Any abuse of any unlawful interference with the processes or proceedings of a court not constituting direct
contempt under section 1 of this Rule;
d.) Any improper conduct tending, directly or indirectly, to impede, obstruct or degrade the administration of
justice;
e.) Assuming to be an attorney or an officer of a court, and acting as such without authority;
f.) Failure to obey a subpoena duly served;
g.) The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or
process of a court held by him.
Disciplinary Powers Contempt Powers

-broader -particular
-over lawyers only -over any person
May proceed simultaneously
Grounds for Suspension or Disbarment

In General
 Acts committed prior to admission to practice
 Acts committed after admission to practice
Acts committed prior to admission to practice

Acts in violation of the required qualifications for admission to the Philippine Bar, to wit:
 Citizenship
 Age
 Good moral character
 Residence
 Education
 Passing the bar examinations
 Taking the Lawyer’s Oath
 Signing the Roll of Attorneys
Acts Committed After Admission to Practice (Sec. 27, Rule 138, ROC):
 Deceit
 Malpractice, or other gross misconduct in office
 Grossly immoral conduct
 Conviction of a crime involving moral turpitude
 Violation of the Lawyer’s Oath
 Willful disobedience of any lawful order of a superior court
 Corrupt or willful appearance as an attorney for a party to a case without authority to do so
Deceit.
Fraudulent and deceptive misrepresentation, artifice, or device, used by one or more persons to deceive and
trick another, who is ignorant of the true facts, to the prejudice and damage of the party imposed upon.
Malpractice or Other Gross Misconduct in Office

Legal malpractice consists of failure of an attorney to use such skill, prudence, and diligence a lawyers of
ordinary skill and capacity commonly possess and exercise in performance of tasks which they undertake and when such
failure proximately causes damage, it gives rise to an action in tort.
Civil Liability for Damages

Those who in the performance of their obligation are guilty of fraud, negligence, delay xxx are liable for damages. (Art.
1170, Civil Code)
Grossly Immoral Conduct

Willful, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and respectable
members of the community.
- Ex. Serial womanizer
Conviction of Crime Involving Moral Turpitude

-aside from civil interdiction being a possible accessory penalty, the conviction shows the absence of good moral
character
-civil interdiction results to the deprivation of legal capacity including the capacity to enter into contracts. A
lawyer-client relationship is a contract. Therefore, a person suffering from civil interdiction cannot practice law.
Others:
- Violation of Oath of Office
- Willful Disobedience of any Lawful Order of a Superior Court
- Willful Appearance for a Client without being employed
Disbarment or Suspension of a Filipino Lawyer in a Foreign Country

The judgment, resolution or order of the foreign court or disciplinary agency shall be a prima facie evidence of
the ground for disbarment or suspension.
- The court is not bound with the foreign decision. The foreign decision is only prima facie.
Disbarment and Disciplinary Proceedings

 Judicial in nature
 Presumption exists in favor of lawyer-respondent
 Quantum of proof; substantial evidence
 Res ipsa loquitor
 Burden of proof is on the complainant
 Confidential
- only the proceedings is confidential and not the decision
In pari delicto will not exempt the lawyer

This is not a proceeding to grant a relief to the complainant, but one to purge the law of profession of unworthy
members, to protect the public and the court
Mitigating Circumstances in Disbarment

 Good faith in the acquisition of the property
 Inexperience of the lawyer
 Age
 Apology
 Lack of intention to slight or offend the court
 Other analogous circumstances
Reinstatement
 Restoration to a disbarred lawyer, the privilege to practice law
 Readmission to membership in the Bar
Effect of Executive Pardon on a Disbarred Lawyer

There is still a need for the filing of an appropriate petition for reinstatement with the SC.
Effect of Executive Pardon on a pending disbarment case

If absolute: case dismissed.
“A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the
pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is
as innocent as if he had never committed the offense. If granted after conviction, it removes the penalties and
disabilities, and restores him to all his civil rights; It makes him as it were a new man and gives him a new credit and
capacity.”
If conditional: case not dismissed
BAR MATTER 1645

October 13, 2015
Only the Supreme Court can dismiss administrative cases against lawyers.

RULE 139-B
Disbarment and Discipline of Attorneys
Section 1. How Instituted. — Proceedings for the disbarment, suspension, or discipline of attorneys may be taken by the Supreme
Court motu propio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall
state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the
facts therein alleged and/or by such documents as may substantiate said facts.
The IBP Board of Governors may, motu propio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the
instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service.
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapter who shall
forthwith transmit the same to the IBP Board of Governors for assignment to an investigator.
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES
Section 2. National Grievance Investigators. — The Board of Governors shall appoint from among IBP members an Investigator or,
when special circumstances so warrant, a panel of three (3) investigators to investigate the complaint. All Investigators shall take an
oath of office in the form prescribed by the Board of Governors. A copy of the Investigator's appointment and oath shall be
transmitted to the Supreme Court.
An Investigator may be disqualified by reason of relationship within the fourth degree of consanguinity of affinity to any of the
parties of their counsel, pecuniary interest, personal bias, or his having acted as counsel to his acting as such Investigator. Where the
Investigator does not disqualify himself, a party may appeal to the IBP Board of Governors, which by majority vote of the members
present, there being a quorum, may order his disqualification.
Any Investigator may also be removed for cause, after due hearing, by the vote of at least six (6) members of the IBP Board o f
Governors. The decision of the Board of Governors in all cases of disqualification or removal shall be final.
Section 3. Duties of the National Grievance Investigator. — The National Grievance Investigators shall investigate all complaints
against members of the Integrated Bar referred to them by the IBP Board of Governors.
Section 4. Chapter assistance to complainant. — The proper IBP Chapter may assist the complainant(s) in the preparation and filing
of his complaint(s).
Section 5. Service or dismissal. — If the complaint appears to be meritorious, the Investigator shall direct that a copy thereof be
served upon the respondent, requiring him to answer the same within fifteen (15) days from the date of service. If the complaint
does not merit action, or if the answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the same
may be dismissed by the Board of Governors upon his recommendation. A copy of the resolution of dismissal shall be furnished the
complainant and the Supreme Court which may review the case motu propio or upon timely appeal of the complainant filed within
15 days from notice of the dismissal of the complainant.
No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of
the charges, or failure of the complainant to prosecute the same, unless the Supreme Court motu propio or upon recommendation of
the IBP Board of Governors, determines that there is no compelling reason to continue with the disbarment or suspension
proceedings against the respondent. (Amendment pursuant to Supreme Court Resolution dated May 27, 1993 re Bar Matter 356).
Section 6. Verification and service of answer. — The answer shall be verified. The original and five (5) legible copies of the answer
shall be filed with the Investigator, with proof of service of a copy thereof on the complainant or his counsel.
Section 7. Administrative counsel. — The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel to
assist the complainant of the respondent during the investigation in case of need for such assistance.
Section 8. Investigation. — Upon joinder of issues or upon failure of the respondent to answer, the Investigator shall, with deliberate
speed, proceed with the investigation of the case. He shall have the power to issue subpoenas and administer oaths. The respondent
shall be given full opportunity to defend himself, to present witnesses on his behalf, and be heard by himself and counsel. However,
if upon reasonable notice, the respondent fails to appear, the investigation shall proceed ex parte.
The Investigator shall terminate the investigation within three (3) months from the date of its commencement, unless extended for
good cause by the Board of Governors upon prior application.
Willful failure or refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with as for indirect
contempt of court. The corresponding charge shall be filed by the Investigator before the IBP Board of Governors which shall require
the alleged contemnor to show cause within ten (10) days from notice. The IBP Board of Governors may thereafter conduct
hearings, if necessary, in accordance with the procedure set forth in this Rule for hearings before the Investigator. Such hearing shall
as far as practicable be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of Governors shall
within a like period of fifteen (15) days issue a resolution setting forth its findings and recommendations, which shall forthwith be
transmitted to the Supreme Court for final action and if warranted, the imposition of penalty.
Section 9. Depositions. — Depositions may be taken in accordance with the Rules of Court with leave of the investigator(s).
Within the Philippines, depositions may be taken before any member of the Board of Governors, the President of any Chapter, or
any officer authorized by law to administer oaths.
Depositions may be taken outside the Philippines before diplomatic or consular representative of the Philippine Government or
before any person agreed upon by the parties or designated by the Board of Governors.
Any suitable member of the Integrated Bar in the place where a deposition shall be taken may be designated by the Investigator to
assist the complainant or the respondent in taking a deposition.
Section 10. Report of Investigator. — Not later than thirty (30) days from the termination of the investigation, the Investigator shall
submit a report containing his findings of fact and recommendations to the IBP Board of Governors, together with the stenographic
notes and the transcript thereof, and all the evidence presented during the investigation. The submission of the report need not
await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially from the Investigator's
personal notes any relevant and pertinent testimonies.
Section 11. Defects. — No defect in a complaint, notice, answer, or in the proceeding or the Investigator's Report shall be considered
as substantial unless the Board of Governors, upon considering the whole record, finds that such defect has resulted or may result in
a miscarriage of justice, in which event the Board shall take such remedial action as the circumstances may warrant, including
invalidation of the entire proceedings.
Section 12. Review and decision by the Board of Governors.
a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence
transmitted to it by the Investigator with his report. The decision of the Board upon such review shall be in writing and shall
clearly and distinctly state the facts and the reasons on which it is based. It shall be promulgated within a period not
exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigator's Report.
b) If the Board, by the vote of a majority of its total membership, determines that the respondent should be suspended
from the practice of law or disbarred, it shall issue a resolution setting forth its findings and recommendations which,
together with the whole record of the case, shall forthwith be transmitted to the Supreme Court for final action.
c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than suspension or
disbarment (such as admonition, reprimand, or fine) it shall issue a decision exonerating respondent or imposing such
sanction. The case shall be deemed terminated unless upon petition of the complainant or other interested party filed with
the Supreme Court within fifteen (15) days from notice of the Board's resolution, the Supreme Court orders otherwise.
d) Notice of the resolution or decision of the Board shall be given to all parties through their counsel. A copy of the same
shall be transmitted to the Supreme Court.
B. PROCEEDINGS IN THE SUPREME COURT
Section 13. Supreme Court Investigation. — In proceedings initiated motu propio by the Supreme Court or in other proceedings
when the interest of justice so requires, the Supreme Court may refer the case for investigation to the Solicitor-General or to any
officer of the Supreme Court or judge of a lower court, in which case the investigation shall proceed in the same manner provided in
sections 6 to 11 hereof, save that the review of the report of investigation shall be conducted directly by the Supreme Court.
Section 14. Report of the Solicitor General of other Court-designated Investigator. — Based upon the evidence adduced at the
investigation, the Solicitor General or other Investigator designated by the Supreme Court shall submit to the Supreme Court a
report containing his findings of fact and recommendations for the final action of the Supreme Court.
C. COMMON PROVISIONS
Section 15. Suspension of attorney by Supreme Court. — After receipt of respondent's answer or lapse of the period therefor, the
Supreme Court, motu propio, or at the instance of the IBP Board of Governors upon the recommendation of the Investigator, may
suspend an attorney from the practice of his profession for any of the causes specified in Rule 138, Section 27, during the pendency
of the investigation until such suspension is lifted by the Supreme Court.
Section 16. Suspension of attorney by the Court of Appeals or a Regional Trial Court. 1 — The Court of Appeals or Regional Trial Court
may suspend an attorney from practice for any of the causes named in Rule 138, Section 27 2, until further action of the Supreme
Court in the case.
Section 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme Court. — Upon such
suspension, the Court of Appeals or a Regional Trial Court shall forthwith transmit to the Supreme Court a certified copy of the order
of suspension and a full statement of the facts upon which the same was based. Upon receipt of such certified copy and statement,
the Supreme Court shall make a full investigation of the case and may revoke, shorten or extend the suspension, or disbar the
attorney as the facts may warrant.
Section 18. Confidentiality. — Proceedings against attorneys shall be private and confidential. However, the final order of the
Supreme Court shall be published like its decisions in other cases.
Section 19. Expenses. — All reasonable and necessary expenses incurred in relation to disciplinary and disbarment proceedings are
lawfull charges for which the parties may be taxed as costs.
Section 20. Effectivity and Transitory Provision. — This Rule shall take effect June 1, 1988 and shall supersede the present Rule 139
entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS". All cases pending investigation by the Office of the Solicitor General shall
be transferred to the Integrated Bar of the Philippines Board of Governors for investigation and disposition as provided in this Rule
except those cases where the investigation has been substantially completed

Note: the illustration below was used by Atty. R. in her discussion on Rule 139-B. However, this does not perfectly illustrate the
Rule since pics of the slides were unclear and we were not able to audio record this part. Hence, the team opted to post the entire
RULE 139-B above. Our apologies 
Filing of Complaint (Sec. 1, Rule 139, ROC)

What: Verified Complaint
Who: By any person, or by the Supreme Court motu proprio, or by the IBP
Board of Governors motu proprio or upon referral by the SC or by
a Chapter Board of Officers, or at the instance of any person
Where: Supreme Court, IBP National or Chapter Offices
IF FILED WITH THE SUPREME COURT

Pelaez2016 (Alga, Gagno, Jadulco, Leyson, Meneses)

Загружено:

Сведения о документе

Исходное описание:

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Pelaez2016 (Alga, Gagno, Jadulco, Leyson, Meneses)

Загружено:

Авторское право:

Доступные форматы

February 11, 2016

CANON 7 – LAWYER’S DUTY AND THE LEGAL PROFESSION

 This rule punishes 2 things:

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 1

THE INTEGRATED BAR

Integration of the BAR

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 2

INTEGRATED BAR BAR ASSOCIATIONS

Shall not operate at cross

 Should be observed even in the pleadings that lawyers file.

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 3

 Simply put, do not steal clients because it is unethical.

 Delegation to a non-lawyer, or to a disbarred lawyer, suspended lawyer, alien lawyer unethical

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 4

2. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

 General Rule: You do not share fees with unauthorized persons.

 When can we honestly say that justice is done in a particular case?

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 5

 Litigation is not a gamble of technicalities.

 Lawyer’s first duty is to the courts.

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 6

Rule 11.01 - A lawyer shall appear in court properly attired.

Rule 11.02 - A lawyer shall punctually appear at court hearings.

 You don’t go to the radio or church group.

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 7

 Lawyer should do no falsehood nor consent to the doing of any in court.

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 8

 General Rule: A lawyer shall avoid testifying in behalf of his client.

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 9

March 03, 2016

Canon 14 A lawyer shall not refuse his services to the needy.

Are lawyers compelled to accept all cases?

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 10

Can an accused refuse a counsel de oficio?

Concept of Conflicting Interests

Can a lawyer represent conflicting interests?

Can you represent both of them?

Representing conflicting interests is a criminal offense.

Can the same lawyer represent A and B?

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 13

What is this rule and where do we find this?

Are pleadings confidential?

LIMITATIONS TO CONFIDENTIAL PRIVILEGE – not all communications are privileged.

 2 Fold Purpose: In favor of both lawyer and client

If your answer is YES, is there exceptions? If NO, exceptions?

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 14

What about understating?

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 16

Foremost, a lawyer is more than an ordinary agent, he is an officer of the court.

EXAMPLES WHERE A LAWYER BREACH HIS CLIENT’S TRUST IN TERMS OF

1. Misappropriation by lawyer of rentals

Why should he account?

CONSEQUENCES OF UNLAWFUL RETENTION OF CLIENT FUNDS

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 17

Can a lawyer borrow money from the client?

Can the lawyer lend money to his client?

black font – General Rule

Pelaez2016[Alga, Gagno, Jadulco, Leyson, Meneses] Page 18

2 KINDS OF ATTORNEY’S LIENS

Why the recognition of the attorney’s lien?

Can the lawyer do that?

2. CHARGING LIEN – also known as special particular possessory lien