Professional Documents
Culture Documents
moral turpitude, have been filed or are pending Additional Requirements for other applicants.
in any court in the Philippines. (Rule 138, sec. All applicants for admissionshall, before being
2) admitted to the examination, satisfactorily
show that they have regularly studied law for
No definition and criteria in law for good moral four years, and successfully complete all
character (Agpalo) prescribed courses, in a law school or
university, officially approved and recognized
Justice Felix Frankfurter: moral character = by the Sec. of Education. The affidavit of the
qualities of truth-speaking, a high sense of candidate, accompanied by a certificate from
honor, full candor, intellectual honesty, and the the university or school of law, shall be filed as
strictest observance of fiduciary responsibility evidence of such facts, and further evidence
may be required by the court.
Good moral character is the absence of a
No applicant shall be admitted to the bar
proven conduct or act which has been
examinations unless he has satisfactorily
historically and traditionally considered as a
completed the following course in a law school
manifestation of moral turpitude. The act or
or university duly recognized by the
conduct showing moral turpitude need not
government: civil law, commercial law,
amount to a crime; and even if it does
remedial law, criminal law, public and private
constitute an offense, a conviction upon a
international law, political law, labor and social
criminal charge is not necessary to
legislation, medical jurisprudence, taxation and
demonstrate bad moral character although it
legal ethics. (Rule 138, sec. 5)
may show moral depravity.
Question of moral turpitude is for SC to decide. Graduates of foreign law schools shall not be
Which is why applicants are required to disclose allowed to take the bar examinations since they
any crime which they have been charged. cannot present the certifications required
Concealment or withholding from the court under sections 5 and 6 of Rule 138 (Re:
information about charges and indictments is a Application of Adriano M. Hernandez,
ground for disqualification of applicant or for (1993))
revocation of license. Even if the crime
concealed does not involve moral turpitude, the
act of concealment makes him/her unfit to be a VI. Bar Examinations
lawyer. (Agpalo)
Time for filing proof of qualifications.all
Applicant assumes burden of proof to establish applicants for admission shall file with the clerk
qualifications in asking admission. But after of the Supreme Court the evidence required by
having presented prima facie evidence, burden section 2 of this rule at least 15 days before
to overcome the prima facie showing shifts to the beginning of the examination. If not
those objecting his/her admission. (Agpalo) embraced within sections 3 and 4 of this rule
they shall also file within the same period the
An applicant must show that no charges affidavit and certificate required by section 5,
against him involving moral turpitude, have and if embraced within sections 3 and 4 they
been filed or pending in court in the Philippines. shall exhibit a license evidencing the fact of
The concealment or withholding from the court their admission to practice, satisfactory
of the fact that an applicant has been charged evidence that the same has not been revoked,
with or indicted for an alleged crime is a ground and certificates as to their professional
for disqualification (Agpalo) standing. Applicants shall also file at the same
time their own affidavits as to their age,
V. Legal Education residence, and citizenship. (Rule 138, Sec. 7)
same for all examinees and a copy thereof, in Remedial Law, 20 %; Legal Ethics and Practical
English or Spanish, shall be given to each Exercises, 5 %. (Rule 138, Sec. 14)
examinee. Examinees shall answer the
questions personally without help from anyone. Report of the committee; filing of examination
Upon verified application made by an examinee papers.Not later than February 15th after the
stating that his penmanship is so poor that it examination, or as soon thereafter as may be
will be difficult to read his answers without practicable, the committee shall file its reports
much loss of time, the Supreme Court may on the result of such examination. The
allow such examinee to use a typewriter in examination papers and notes of the committee
answering the questions. Only noiseless shall be fixed with the clerk and may there be
typewriters shall be allowed to be used. examined by the parties in interest, after the
The committee of bar examiners shall take court has approved the report. (Rule 138, sec.
such precautions as are necessary to prevent 15)
the substitution of papers or commission of
other frauds. Examinees shall not place their Failing candidates to take review course.
names on the examination papers. No oral Candidates who have failed the bar
examination shall be given. (Rule 138, sec. examinations for three times shall be
10) disqualified from taking another examination
unless they show to the satisfaction of the
Annual examination.Examinations for court that they have enrolled in and passed
admission to the bar of the Philippines shall regular fourth year review classes as well as
take place annually in the City of Manila. They attended a pre-bar review course in a
shall be held in four days to be designated by recognized law school.
the chairman of the committee on bar The professors of the individual review subjects
examiners. The subjects shall be distributed as attended by the candidates under this rule shall
follows: certify under oath that the candidates have
1st day: Political and International regularly attended classes and passed the
Law (morning) and subjects under the same conditions as ordinary
Labor and Social Legislation (afternoon); students and the ratings obtained by them in
2nd day: Civil Law (morning) and the particular subject. (Rule 138, Sec. 16)
Taxation (afternoon);
3rd day: Mercantile Law (morning) and Beginning 1994, graduates of foreign law
Criminal Law (afternoon); schools will not be allowed to take the bar (In
4th day: Remedial Law (morning) and Re: Adriano Hernandez (1993))
Legal Ethics and Practical Exercises
(afternoon). (Rule 138, sec. 11.)
VII. Lawyers Oath (MEMORIZE!!!)
Committee of examiners. Examinations shall
be conducted by a committee of bar examiners I _____ , do solemnly swear that I will
to be appointed by the Supreme Court. This maintain allegiance to the RP:
committee shall be composed of a Justice of
the Supreme Court, who shall act as chairman, I will support and defend its Constitution and
and who shall be designated by the court to obey the laws as well as the legal orders of the
serve for one year, and eight members of the duly constituted authorities therein;
bar of the Philippines, who shall hold office for
a period of one year. The names of the I will do no falsehood nor consent to its
members of this committee shall be published commission;
in each volume of the official reports. (Rule
138, Sec. 12.) I will not wittingly or willingly promote or sue
any groundless, false or unlawful suit nor give
Disciplinary measures.No candidate shall aid nor consent to the same;
endeavor to influence any member of the
committee, and during examination the I will not delay any mans cause for money or
candidates shall not communicate with each malice and will conduct myself as a lawyer
other nor shall they give or receive any according to the best of my knowledge and
assistance. The candidate who violates this discretion with all good fidelity as well to the
provision, or any other provision of this rule, court as to my clients; and
shall be barred from the examination, and the
same to count as a failure against him, and I will impose upon myself this obligation
further disciplinary action, including permanent voluntarily, without any mental reservation or
disqualification, may be taken in the discretion purpose of evasion.
of the court. (Rule 138, Sec. 13)
So help me God.
Passing average.In order that a candidate
may be deemed to have passed his The lawyers oath is not a mere ceremony or
examinations successfully, he must have formality for practicing law. Every lawyer
obtained a general average of 75 % in all should at all times weigh his actions according
subjects, without falling below 50 % in any to the sworn promises he makes when taking
subject. In determining the average, the the lawyers oath. If all lawyers conducted
subjects in the examination shall be given the themselves strictly according to the lawyers
following relative weights: Civil Law, 15 %; oath and the Code of Professional
Labor and Social Legislation, 10 %; Mercantile responsibility, the administration of justice will
Law, 15 %; Criminal Law; 10 %; Political and undoubtedly fairer, faster and easier for
International Law, 15 %; Taxation, 10 %;
1. Public (operating as a faithful assistant of the CANON 1: A lawyer shall uphold the
court in search of a just solution to disputes) constitution, obey the laws of the land and
promote respect for law and legal process.
o A counsel de officio is expected to render
effective service and to exert his best Rule 1.01. A lawyer shall not
efforts on behalf of an indigent accused. He engage in unlawful, dishonest, immoral
has a high duty to the poor litigant as to a or deceitful conduct.
paying client. He should have a bigger dose
of social conscience and a little less of self Rule 1.02. A lawyer shall not
interest. (1991, 1993, 1994, 1998, counsel or abet activities aimed at
2001, 2004 BAR EXAMS) defiance of the law or at lessening
confidence in the legal profession.
2. Private (an attorney operating as a trusted
agent of his client) Rule 1.03. A lawyer shall not, for
any corrupt motive or interest,
o A private prosecutor may intervene in the
prosecution of a criminal action when the
encourage any suit or delay any mans
offended party is entitled to indemnity and cause.
has not waived expressly, reserved or
instituted the civil action for damages. In Rule 1.04. A lawyer shall
case of heavy work schedule of the public encourage his clients to avoid, end or
prosecutors, the private prosecutor may be settle a controversy if it will admit of a
authorized in writing by the Chief of the fair settlement.
Prosecution Office or the Regional State
Prosecution to prosecute the case subject
KNOW MORE:
to the approval of the Court. Once so
authorized to prosecute the criminal action,
the private prosecutor shall continue to SPECIAL RULES WITH RESPECT TO
prosecute the case up to the end of the NOTARIAL PRACTICE3
trial even in the absence of a public
The SC found a notary public negligent in his
prosecutor, unless the authority is revoked
or otherwise withdrawn. (Rule 110, Sec. duty for allowing office secretaries to perform
his notarial functions, i.e., safekeeping of his
5, ROC, as amended per A.M. No. 02-2-
07-SC, May 1, 2002) notarial dry seal and notarial register. The
3
2004 Rules on Notarial PracticeANNEXED
Court held that considering that the of the practise of law. It is the bounden duty of
responsibility attached to a notary public is lawyers to adhere unwaveringly to the highest
sensitive, respondent should have been more standards of morality. (Ui v. Bonifacio, 333
discreet and cautious in the execution of his SCRA 38, (2000))
duties as such and should not have wholly
entrusted everything to the secretaries; Grossly immoral conduct is one that is so
otherwise he should not have been corrupt and false as to constitute a criminal act
commissioned as notary public. (Spouses or so unprincipled or disgraceful as to be
Santuyo v. Hidalgo, 448 SCRA 282 (2005)) reprehensible to a high degree. Mere intimacy
between a man and a woman, both of whom
The SC disbarred Atty. Gregorio Ariola from the possess no impediment to marry, voluntarily
practice of law for violating Rule 1.01 of Canon carried on and devoid of any deceit on the part
1 by notarizing an SPA purportedly executed by of the respondent, is neither so corrupt nor so
a certain Benitez at a time when Benitez was unprincipled as to warrant the imposition of
already dead. The Court held that a notary disciplinary sanction against him, even if as a
public should not authenticate documents result of such relationship a child is born out of
unless the persons who signed them are the wedlock. (Figueroa v. Barranco, 276 SCRA
very same persons who executed them and 445 (1997))4
personally appeared before them to attest to
the contents and truth of what are stated The reconciliation between the lawyer husband
therein. (Zaballero v. Atty. Montalvan) and his wife who had initiated the
Notarization is not an empty, meaningless and administrative proceedings against him for
routinary act. It converts a private document engaging in an adulterous and clearly immoral
into a public instrument, making it admissible relationship does not wipe away the
in evidence without the necessity of preliminary misconduct and immoral behavior. (Cordova
proof of its authenticity and due execution. v. Cordova, 179 Phil 680 (1989))
(Sicat v. Ariola, 456 SCRA 93 (2005))
Gutierrez was convicted of murder but was
then granted conditional pardon by the
I. Rule 1.01. A lawyer shall not engage in President. When the pardon is conditional and
unlawful, dishonest, immoral or deceitful merely remits the unexecuted portion of the
conduct. penalty, administrative proceedings cannot be
automatically barred. (In Re: Gutierrez
Unlawful conduct is defined as an act or (1962))
omission which is against the law. Dishonesty
involves lying or cheating. (Agpalo)
II. Rule 1.02. A lawyer shall not counsel or
Immoral or deceitful conduct is that which is abet activities aimed at defiance of the law or
willful, flagrant or shameless and which shows at lessening confidence in the legal
a moral indifference to the opinion of the good profession.
and respectable members of the community.
(Aguirre) Rule 1.02 requires that the lawyer should not
promote an organization known to be violating
Moral turpitude includes everything which is the law nor assist it in a scheme which he
done contrary to justice, honesty, modesty, or knows is dishonest. He should not allow his
good morals. It involves an act of baseness, services to be engaged by an organization
vileness, or depravity in the private duties whose member as violating the law, to defend
which a man owed his fellowmen, or to society them when they get caught. (Agpalo)
in general, contrary to the accepted and
customary rule of right and duty between man The Supreme Court will not denounce criticism
and woman, or conduct contrary to justice, made by anyone against the Court for, if well
honesty, modesty, or good morals. (Barrios v. founded, can truly have constructive effects in
Martinez, 442 SCRA 324 (2004)) the task of the Court, but it will not
countenance any wrongdoing nor allow the
The SC found that the imprudence of an erosion of our peoples faith in the judicial
attorney who married a man already previously system, let alone, by those who have been
married (without initially knowing that he was privileged by it to practise law in the
in fact married but, upon acquiring such Philippines. (Estrada v. Sandiganbayan, 416
knowledge, cut off all ties with him) did not SCRA 465 (2003))5
constitute immoral conduct sufficient for her
disbarment. Furthermore, lawyers, as keepers Terrel was found guilty of malpractice or gross
of public faith, are burdened with a higher misconduct for assisting in the establishment
degree of social responsibility and thus must and acting as counsel for the Centro Bellas
handle their personal affairs with greater
caution. The respondent was imprudent in the 4
FACTS: Atty. Barranco was not disbarred despite the fact that
sense that she should have investigated the he had sexual congress with Patricia Figueroa with whom he
fact that the man with whom she had relations begot a child, promised that he would marry her after he passed
the bar but then married another woman.
was married. Nevertheless, the fact that she 5
FACTS: The SC indefinitely suspended Atty. Paguia for making
distanced herself from him shows that she claims that the Justices of the Supreme Court have been
displayed no moral indifference. The ratio participating in partisan political activity and have prejudged a
decidendi of the Court is that the requisite of case that will assail the legality of an act done by President
good moral character in the admission to the Arroyo, that Estrada v Arroyo is a patent mockery of justice and
practice of law must be continuous as a due process, that three Justices of Sandiganbayan made their
bias manifest and are impartial against his client.
requirement to the enjoyment of the privilege
may be required to act as a counsel de oficio. o publication in reputable law list with
The fact that his services were rendered brief biographical and other informative
without remuneration should not occasion a data which may include name,
diminution of his zeal. Most importantly, the associates, address, phone numbers,
Constitution blessed the accused with the right branches of law practised, birthday,
to be heard by himself and by counsel. This day admitted to the bar, schools and
manifests the indispensable role of a lawyer in dates attended, degrees and
the defense of the accused. (Ledesma distinctions, authorships, teaching
v.Climaco, 57 SCRA 473 (1974)) positions, associations, legal fraternities
and societies, references and regularly
This rule stems from one of the obligations represented clients must be published
incident to the status and privileges of a lawyer for that purpose;
which is to represent the poor and the o an ordinary, simple professional card;
oppressed in the prosecution of their claims or o publication of simple announcement of
the defense of their rights. The court is opening of law firm, change of firm;
empowered to require a lawyer to render legal o telephone directory (but not under
service (to designate him/her as counsel de designation of special branch of law);
oficio for an accused if the latter is unable to o if acting as an associate (specialising in
employ counsel de parte). a branch of law), may publish a brief
and dignified announcement to lawyers
The Integrated Bar of the Philippines through (law list, law journal);
its Committee on Legal Aid has established o working in a public office (which can be
legal aid offices throughout the country. Its filled only by a lawyer);
objective is to provide on a nationwide basis o full time position as corporate counsel;
legal services in favor of the poor segment of o if in media, those acts incidental to his
society. Their policy is that legal aid is not a practise (i.e., not his own initiative);
matter of charity. It is a means for the o write articles for publication giving
correction of social imbalance that may and information upon the law (and not
often do lead to injustice, which makes it a individual rights or advising through
public responsibility of the Bar. column/ TV broadcast, lest such be
considered indirect advertising);
o if entering into other businesses (which
II. Rule 2.02. In such cases, even if the lawyer are not inconsistent with lawyers
does not accept a case, he shall not refuse to duties) then it is advisable that they be
render legal advice to the person concerned if only entirely separate and apart such that a
to the extent necessary to safeguard the latters layman could distinguish between the
rights. two functions.
CANON 3: QUICK REFERENCE and not a business. The lawyer may not sell or
obtain employment himself or through others
for to do so would be unprofessional. It is
CANON 3: A lawyer in making known his
destructive of the honor of a great profession.
legal services shall use only true, honest, fair,
It lowers the standards of that profession. It
dignified and objective information or
works against the confidence of the community
statement of facts. and it results in needless litigation. (In Re:
Tagorda, 53 Phil 37 (1929))7
Rule 3.01. A lawyer shall not use
or permit the use of any false,
Advertising, Direct of IndirectThe most
fraudulent, misleading, deceptive,
worthy and effective advertisement possible,
undignified, self-laudatory, or unfair
even for a young lawyer, and especially with
statement or claim regarding his
his brother lawyers, is the establishment of a
qualifications or legal services. well-merited reputation for professional
capacity and fidelity to trust. This cannot be
Rule 3.02. In the choice of a firm
force, but must be the outcome of character
name, no false, misleading or
and conduct. The publication or circulation of
assumed name shall be used. The
ordinary simple business cards, being a matter
continued use of the name of a
of personal taste or local custom, and some
deceased partner is permissible
times of convenience is not per se improper.
provided that the firm indicates in all But solicitation of business by circulars or
its communications that said partner
advertisements, or by personal relations is
is deceased.
unprofessional. It is equally unprofessional to
procure business by indirection through touters
Rule 3.03. Where a partner
of any kind whether allied real estate firms or
accepts public office, he shall trust companies advertising to secure the
withdraw from the firm and his name
drawing of deeds or wills or offering retainers in
shall be dropped from the firm name
exchange for executorships or trusteeships to
unless the law allows him to practice
be influenced by the lawyer. Indirect
law concurrently.
advertisement for business by furnishing or
inspiring newspaper comments concerning the
Rule 3.04. A lawyer shall not pay
manner of their conduct, the magnitude of the
or give anything of value to interests involved, the importance of the
representatives of the mass media in
lawyers position, and all other like self-
anticipation of, or in return for,
laudation, defy the traditions and lower the
publicity to attract legal business.
tone of our high calling and are intolerable.
(Sec. 27, Canon of Professional Ethics)
MEMORY AID FOR RULES UNDER CANON 3:
o No Fair or Unfair Claim re: Qualifications (Rule Notice of specialized serviceWhere a lawyer is
3.01) engaged in rendering a specialized legal service
o No False or Misleading Firm Name (Rule 3.02) directly and only to other lawyers, a brief,
o Partners Assuming Public Office (Rule 3.03) dignified notice of that fact, couched in
o No Use of Media to Attract Legal Business language indicating that it is addressed to
(Rule 3.04) lawyers, inserted in legal periodicals and like
publications, when it will afford convenient and
beneficial information to lawyers desiring to
KNOW MORE: obtain such service, is not improper. (Sec. 46,
Canon of Professional Ethics)
I. Rule 3.01. A lawyer shall not use or permit the
use of any false, fraudulent, misleading, deceptive, The Code of Professional Responsibility
undignified, self-laudatory, or unfair statement or provides that a lawyer in making known his
claim regarding his qualifications or legal services. legal services shall use only true, honest, fair,
dignified and objective information or
A lawyer may not properly publish his brief statement of facts. Lawyers should not resort
biographical and informative data in a daily to indirect advertisements for professional
paper, magazine, trade journal or society employment.
program in order to solicit legal business The standards of the legal profession condemn
(Khan v. Simbillo, 409 SCRA 299 (2003))6 the lawyers advertisement of his talent, this
rest on the fundamental postulate that the
It is highly unethical for an attorney to practice of law is a profession. The lawyer
advertise his talents or skill as a merchant degrades himself and his profession who stoops
advertises his wares. The law is a profession to and adopts the practices of mercantilism by
advertising his services or offering them to the
6
Atty. Simbillo advertised his services in a Philippine Daily
public.
Inquirer ad which read Annulment of Marriage Specialist 532-
433/521-2667. The Court held that the solicitation of legal 7
business is not altogether proscribed. However, for solicitation Tagorda was suspended for soliciting business. Before
to be proper, it must be compatible with the dignity of the legal Tagordas election to the provincial board of Isabela, he used a
profession. The use of simple signs stating the name or names of card offering services as an attorney and a notary public free.
the lawyers, the office, and the residence address and fields of The card also stated that he was a candidate for the provincial
practice, as well as advertisements in legal periodicals bearing board. After his election, he wrote a letter to the barrio
the same brief data and the use of calling cards are permissible. lieutenant informing him that he would continue his practice as
The publication in reputable law lists, in a manner consistent lawyer and asking that the lieutenant transmit this information
with the standards of conduct imposed by the canon, of brief to the barrio.
biographical and informative data is likewise allowed.
Not all types of advertising or solicitation are engage in the practice of any profession
prohibited. The exceptions are of two broad (Const, Art. IX, Sec. 2)
categories, those, which are expressly allowed,
and those, which are necessarily implied from It is unlawful for a public official or employee
the restrictions. The first of such exceptions is to, among others: engage in the private
the publication in reputable law lists, in a practice of their profession unless authorized
manner consistent with the standards of by the Constitution or law, provided that such
conduct imposed by the canons, or brief practice will not conflict or tend to conflict with
biographical and informative data. (Ulep v. official functions. (Samonte v. Gatdula, 303
Legal Clinic (1993)) SCRA 756 (1999))8
Continuing Legal Education), are required every their relatives whether by consanguinity or
3 years to complete at least 36 hours of affinity except with respect to
continuing legal education activities, with appointments of such relatives to positions
appropriate penalties for failure to do so. considered strictly confidential or as
(Agpalo) members of their personal staff whose
terms are coterminous with theirs.
RA 6713, (Code of Conduct and Ethical (f) Nationalism and patriotism. - Public officials
Standards for Public Officials and and employees shall at all times be loyal to
Employees.)Sec. 4(A) the Republic and to the Filipino people,
promote the use of locally produced goods,
Norms of Conduct of Public Officials and resources and technology and encourage
Employees. appreciation and pride of country and
people. They shall endeavor to maintain
(A) Every public official and employee shall observe and defend Philippine sovereignty against
the following as standards of personal conduct foreign intrusion.
in the discharge and execution of official
duties: (g) Commitment to democracy. - Public
officials and employees shall commit
(a) Commitment to public interest. - Public themselves to the democratic way of life
officials and employees shall always uphold and values, maintain the principle of public
the public interest over and above personal accountability, and manifest by deeds the
interest. All government resources and supremacy of civilian authority over the
powers of their respective offices must be military. They shall at all times uphold the
employed and used efficiently, effectively, Constitution and put loyalty to country
honestly and economically, particularly to above loyalty to persons or party.
avoid wastage in public funds and
revenues. (h) Simple living. - Public officials and
employees and their families shall lead
(b) Professionalism. - Public officials and modest lives appropriate to their positions
employees shall perform and discharge and income. They shall not indulge in
their duties with the highest degree of extravagant or ostentatious display of
excellence, professionalism, intelligence wealth in any form.
and skill. They shall enter public service
with utmost devotion and dedication to
duty. They shall endeavor to discourage
wrong perceptions of their roles as
dispensers or peddlers of undue patronage.
Rule 6.03. A lawyer shall not, after RA 3019, Sec. 3(d) (Anti-Graft and Corrupt
leaving government service, accept Practices Act). In addition to acts or omissions
engagement or employment in of public officers already penalized by existing
connection with any matter in which he law, the following shall constitute corrupt
had interned. practices of any public officer and are hereby
declared to be unlawful: (d) Accepting or
having any member of his family accept
I. Rule 6.01. The primary duty of a lawyer in employment in a private enterprise which has
public prosecution is not to convict but to see that pending official business with him during the
justice is done. The suppression of facts or the pendency thereof or within one year after its
concealment of witnesses capable of establishing termination.
the innocence of the accused is highly
reprehensible and is cause for disciplinary action. RA 6713, Sec. 7(b). In addition to acts and
omissions of public officials and employees not
The benefit of the doubt belongs to the prescribed in the Constitution and existing
prosecuting attorney. The prosecuting attorney laws, the following shall constitute prohibited
is under no compulsion to file a particular acts and transactions of any public official and
criminal information where he is not convinced employee and are hereby declared to be
that he has evidence to prop up the averments unlawful: (b) Outside employment and other
thereof, or that the evidence at hand points to activities related thereto.Public officials and
a different conclusion. (People v. Pineda, 20 employees during their incumbency shall not:
SCRA 748 (1967)) 1) Own, control, manage or accept employment
as officer employee, consultant, counsel,
A public prosecutor is a quasi-judicial officer broker, agent, trustee or nominee / in any
who represents, not an ordinary party to a private enterprise regulated, supervised or
controversy, but sovereignty. This sovereignty licensed by their office / unless expressly
has its obligation to govern impartially. allowed by law;
Therefore, the interest in a criminal prosecution 2) Engage in the private practice of their
is not that it shall win a case but that justice profession unless authorized by the
shall be done. (Agpalo) Constitution or law, provided that such practice
will not conflict or tend to conflict with their
official functions; or
II. Rule 6.02. A lawyer in government service 3) Recommend any person to any position in a
shall not use his public position to promote or private enterprise which has a regular or
advance his private interests, nor allow the latter to pending official transaction with their office.
interfere with his public duties.
While the charges have to be dismissed, still it
10
would not be inappropriate for respondent to FACTS: Atty. San Juan, a captain of the MM Police force and a
avoid all appearances of impropriety. member of the bar was charged with coercing an employee,
Misamin, to agree to drop charges filed against his employer Tan
Respondent, in his future actuations as a Hua for violation of the Minimum Wage Law. The case was
member of the bar, should refrain from laying dismissed for lack of evidence.
himself open to such doubts and misgivings as 11
FACTS: The SC disbarred Atty. Felina Dasig, the OIC of the
to his fitness not only for the position occupied Legal Affairs Service of CHED, for making unlawful demands to
by him but also for membership in the bar. He extort money from certain people who had pending applications
in her office for correction of names. Generally speaking, a
is not worthy of membership in an honorable
lawyer who holds a government office may not be disciplined as
profession who does not even take care that a member of the Bar for misconduct in the discharge of his
duties as government official. However, if said misconduct as a
government official also constitutes a violation of his oath as a
lawyer then he may be disciplined by this Court as a member of
the Bar.
knowledge and permission was a criminal act of to the complainant but one to purge the law
larceny. By transmitting and distributing the profession of unworthy members, to protect
stolen questions to his fraternity brothers, he the public and the court. Possession of good
had given them undue advantage over the moral character is not only a condition
other bar takers. (Re: 2003 Bar precedent to admission to the legal profession,
Examinations, 421 SCRA 703 (2004)) but its continued possession is essential to
maintain ones good standing in the profession.
Re: Payment of IBP Dues: The integration of (Zaguirre v. Castillo, 398 SCRA 659
the Phil. Bar means the unification of the entire (2003))12
lawyer population requiring membership and
financial support of every attorney as condition
sine qua non to the practice of law and the
CANON 8: QUICK REFERENCE
retention of his name in the Roll of Attorneys of
the SC. Bar integration does not compel the
lawyer to associate. Canon 8. A lawyer shall conduct himself
The only compulsion is the payment of annual with courtesy, fairness, and candor toward his
dues which, the SC, in order to foster the professional colleagues, and shall avoid
States legitimate interest in elevating the harassing tactics against opposing counsel.
quality of professional legal services, may
require to be shared by all the subjects and
beneficiaries the lawyers. The fee is a
Rule 8.01. A lawyer shall not, in
regulatory measure not barred by the professional dealings, use language
Constitution. The only limitation is that the which is abusive, offensive or otherwise
regulation should not impose an improper.
unconstitutional burden. The public interest far
outweighs the slight inconvenience to a Rule 8.02. A lawyer shall not,
member. The compulsory nature of payment directly or indirectly, encroach upon the
of dues subsists for as long as ones professional employment of another
membership in the IBP remains, regardless of lawyer; however, it is the right of any
the extent of practice of a lawyer. (Letter of lawyer, without fear or favor, to give
Atty. Cecilio Arevalo, 458 SCRA 209 proper advice and assistance to those
(2005)) seeking relief against unfaithful or
neglectful counsel.
I. Rule 7.01. A lawyer shall be answerable for
knowingly making a false statement or suppressing
MEMORY AID FOR RULES UNDER CANON 8:
a material fact in connection with his application for
o No Abusive and Improper Language (Rule
admission to the bar.
8.01)
Observance of the duties and responsibilities of o Not to Encroach on Professional Employment
a lawyer begins even as a law student. A (Rule 8.02)
students failure to live up to them may be a
ground for SC to refuse admission to practice
or for disbarment should SC learn later on KNOW MORE:
about his/her transgressions. (Agpalo)
I. Rule 8.01. A lawyer shall not, in professional
II. Rule 7.02. A lawyer shall not support the dealings, use language which is abusive, offensive
or otherwise improper.
application for admission to the bar of any person
known by him to be unqualified in respect to
The fact that one of the lawyers conducts
character, education, or other relevant attribute.
him/herself improperly does not relieve the
other from professional obligation in his
A lawyer should not readily execute an affidavit
relation with him/her. (Agpalo)
of good moral character in favor of an applicant
who has not live up to the standard set by law.
Any undue ill-feeling between clients should not
He should volunteer information or cooperate in
influence counsels in their conduct and
any investigation concerning alleged anomaly
demeanor toward each other. While lawyers
in the bar examination. This is to help guard
owe entire devotion to the interest of their
the profession from candidates who are unfit or
clients, their office does not permit violation of
unqualified. He should expose without fear or
favor before the SC corrupt or dishonest 12
conduct in the profession and should not FACTS: Zaguirre and Castillo were officemates at the NBI.
Zaguirre said that Castillo represented himself to be single,
hesitate to accept professional employment courted her and promised her marriage. Soon they had intimate
against a lawyer who has wronged his client. relations and Zaguirre became pregnant. During their affair,
(Agpalo) Castillo was preparing for the bar exam which he passed. Only
after Castillo was admitted to the Bar did Zaguirre learn that he
III. Rule 7.03. A lawyer shall not engage was married. She presented an affidavit executed by Castillo,
who by now is a lawyer admitting his relationship with her and
in conduct that adversely reflects on his fitness to
recognizing the baby she was carrying as his. However, when she
practice law, nor shall he, whether in public or gave birth, Castillo refused to recognize the child and to give her
private life, behave in a scandalous manner to the any form of support. Castillo denied all her allegations and said
discredit of the legal profession. that what transpired between them was nothing but mutual lust
and desire. He admitted that he executed the affidavit but
In a disbarment proceeding, it is immaterial explained that he only did so to save Zaguirre from
embarrassment. He sought understanding from the court by
that the complainant is aware of his marital pointing out that men by nature are polygamous. The SC
status or that he was not caught in pari delicto indefinitely suspended him from the practice of law for gross
because this is not a proceeding to grant relief immoral conduct.
13
FACTS: Edwin Rana passed the 2000 Bar Examinations but was
denied admission after it was found that he appeared as counsel
for a candidate in the May 2001 elections before the Municipal
Board of Election Canvassers of Mandaon, Masbate where he
even filed a pleading representing himself as counsel for and in
behalf of Vice Mayoralty candidate George Bunan. All these he
did before signing the roll of attorneys.
14
FACTS: The SC sternly reprimanded Atty. Ladaga, Branch Clerk
of Court the RTC of Makati, for practicing law without prior
permission when he appeared as pro bono counsel for his cousin.
Atty. Ladaga had actually requested the Court Administrator for
I. Rule 9.01. A lawyer shall not delegate to any Canon 10. A Lawyer owes candor,
unqualified person the performance of any task fairness and good faith to the Court.
which by law may only be performed by a member
of the Bar in good standing. Rule 10.01. A lawyer shall not
do any falsehood, nor consent to the
Can employ secretaries, investigators, doing of any in Court, nor shall he
detectives, researches as long as they are not
mislead or allow the Court to be
involved in the practice of law (e.g., not
misled by an artifice.
writing pleadings, appearing in court, etc.)
(Agpalo)
Rule 10.02. A lawyer shall not
NOTES FROM PROF: JARDALEZA: May a lawyer knowingly misquote or misrepresent
delegate a case to another lawyer within the the contents of a paper, the
same firm? If a client has specified the services language or the argument of
of one particular attorney, then the case may opposing counsel, or the text of a
not be delegated. Otherwise, it may be decision or authority, or knowingly
delegated. cite as law a provision already
rendered inoperative by repeal or
amendment, or assert as a fact that
II. Rule 9.02. A lawyer shall not divide or which has not been proved.
stipulate to divide a fee for legal services with
persons not licensed to practice law, except: Rule 10.03. A lawyer shall
a. Where there is a pre-existing agreement with a observe the rules of procedure and
partner or associate that, upon the latters shall not misuse them to defeat the
death, money shall be paid over a reasonable
ends of justice.
period of time to his estate or to persons
specified in the agreement; or
b. Where a lawyer undertakes to complete MEMORY AID FOR RULES UNDER CANON 10:
unfinished or legal business of a deceased o Truthfulness Towards the Court (Rule 10.01)
lawyer; or o Not to Misquote or Misrepresent Contents of
c. Where a lawyer or law firm includes non-lawyer Paper (Rule 10.02)
employees in a retirement plan, even if the o Observe Rules of procedure (10.03)
plan is based in whole or in part, on profit-
sharing arrangement.
KNOW MORE:
The first two exceptions to the rule represent As an officer of the court and as part of the
compensation for legal service rendered by the machinery for the administration of justice, a
deceased lawyer during his lifetime, which is lawyer is continually accountable to the court
paid to his estate or heirs. The third exception for the manner he discharges his duties and is
to the rule does not involve, strictly speaking, a always subject to its disciplinary control
division of legal fees with non-lawyer (Agpalo)
employees. The retirement benefits in the
form of pension represent additional deferred The oath to which all lawyers have subscribed
wages or compensation for past services of the in solemn agreement to dedicate themselves to
employees (Agpalo) the pursuit of justice is not a mere ceremony or
formality for practicing law to be forgotten
afterwards; nor is it mere words, drift and
hollow, but a sacred trust that lawyers must
uphold and keep inviolable at all times. (Ting
Dumali v. Torres (2004))
judge in some of his rulings warrant the not spill over the wall of decency and propriety.
use of offensive language (Agpalo)
There is no defense against the use in a The cardinal condition of all such criticism is
pleading by a lawyer of disrespectful, that it shall be bona fide, and shall not spill
threatening, abusive, and abrasive over the wall of decency and propriety.
language. It cannot be justified by the (Agpalo)
constitutional right of free speech for
such right is not absolute and its
exercise must be within the context of V. Rule 11.05. A lawyer shall submit grievances
a functioning and orderly system of against a Judge to the proper authorities only.
dispensing justice
Const art. VIII, sec. 6. The Supreme Court
Where words are abrasive or insulting, shall have administrative supervision over all
evidence that the language employed is courts and the personnel thereof. [the SC is the
justified by the facts is not admissible proper authority
as a defense
The duty to respect does not preclude a lawyer
Judges Courtesy from filing administrative complaints against
The duty to observe and maintain erring judges, or from acting as counsel for
respect is not a one-way duty from a clients who have legitimate grievances against
layer to a judge. A judge should show them. (Agpalo)
no shortness of temper which merely
detracts from the equanimity and The lawyer shall not file an administrative case
judiciousness that should be the until he has exhausted judicial remedies which
constant marks of a dispenser of justice result in a finding that the judge has gravely
erred. (Agpalo)
A judge may utilize his opportunities to
criticize and correct unprofessional Where a criminal complaint against a judge or
conduct of attorneys but he may not do other court employees arises from their
so in an insulting manner administrative duties, the Ombudsman must
defer action on said complaint and refer the
While a lawyer must advocate his client's cause same to the SC for determination whether said
in utmost earnest and with the maximum skill judges or court employees acted within the
he can marshal, he is not at liberty to resort to scope of their administrative duties.
arrogance, intimidation, and innuendo. Otherwise, in the absence of any administrative
(Sangalang v. IAC (1989)) action, the investigation being conducted by
the Ombudsman encroaches into the Courts
Every citizen has the right to comment upon power of administrative supervision over all
and criticize the actuations of public officers. courts and its personnel, in violation of the
The Court also treats with forbearance and doctrine of separation of powers. (Maceda v.
restraint a lawyer who vigorously assails their Vasquez, 221 SCRA 464 (1993))18
actuations, provided it is done in respectful
terms and through legitimate channels. For
courageous and fearless advocates are the
strands that weave durability into the tapestry
of justice. The reason is that an attorney does
not surrender his right as a citizen to criticize
the decisions of the court in fair and respectful
manner, and the independence of the Bar, as
well as the judiciary, has always been
encouraged by the courts. Criticism has been
an important part of the traditional work of a
lawyer. As a citizen and as officer of the court,
a lawyer is expected not only to exercise his
right, but also to consider it his duty to avail of
such right. But the cardinal condition of all such
criticism is that is shall be bona fide and shall
not spill over the walls of decency and
propriety. (In Re: Almacen, 31 SCRA
(1970))
that fact within 5 days therefrom to the o If a lawyer is honestly convinced of the
court wherein his aforesaid complaint futility of an appeal in a civil suit he should
or initiatory pleading has been filed. not hesitate to temper his clients desire to
Failure to comply with the foregoing seek appellate review of such decision for
requirements shall not be curable by mere unless, he could show sufficient cause for
amendment of the complaint or other reversal, he would only succeed in planting
initiatory pleading but shall cause for the false hope in his clients mind, increasing
dismissal of the case without prejudice, the burden on appellate tribunals,
unless otherwise provided, upon motion prolonging litigation unnecessarily and
after hearing. The submission of false exposing his client to useless expenses.
certification or non-compliance with any of
the undertaking therein shall constitute o Nonetheless a lawyer should not, solely on
indirect contempt of court, without his own judgment, let the decision become
prejudice to the corresponding final by letting the period to appeal lapse,
administrative and criminal actions. If the without informing his client of the adverse
acts of the party or his counsel clearly decision and of his candid advice in taking
constitute willful and deliberate forum appellate review thereof, well within the
shopping, the same shall be ground for period to appeal, so that the client may
summary dismissal with prejudice and shall decide whether to pursue appellate review.
constitute direct contempt, as well as a
cause for administrative sanctions. (ROC, In expropriation proceedings by the NAPOCOR
Rule 7, Sec. 5) against several lot owners in Bulacan, the
president of an organization of the lot owners
Rule 12.02 stresses the affirmative duty of a entered into a contract for legal services with
lawyer to check against useless litigations. His Atty. Principe. The complainant Malonso, a
signature in every pleading constitutes a member of the same organization, appointed
certificate by him that to the best of his on the other hand a certain Elfa as his
knowledge there is a good ground to support it attorney-in-fact on the matter of negotiation
and that it is not to interpose for delay. The with NPC. Eventually, an amicable settlement
willful violation of this rule may subject him to was had between NAPOCOR and the lot
(1) appropriate disciplinary action or (2) render owners. More than two years after the
him liable for the costs of litigation. (Agpalo) expropriation cases were instituted, Atty.
Principe filed his motion to separate legal fees
Forum shopping is prohibited by Supreme and filed his Notice of Entry of Appearance
Court Circular No. 28-91 --ANNEXED, which claiming that he is the legal counsel of the lot
is now integrated in the Rules of Civil owners. The other lot owners including Malonso
Procedure. wrote a letter to NPC informing the latter that
they have never authorized Sandamas
President to hire the services of Atty. Principes
III. Rule 12.03. A lawyer shall not, after obtaining law firm to represent them. Atty. Principe filed
extensions of time to file pleadings, memoranda or several motions to ensure his claim to the 40%
briefs, let the period lapse without submitting to of the selling price of the properties being
the same or offering an explanation for his failure expropriated. An investigation conducted by
to do so. the IBP recommended Atty. Principes
suspension from the practice of law for two
Where a lawyers motion for extension of time years on the ground that Atty. Principe had
to file a pleading, memorandum or brief has violated among others Rule 12.04 which says
remained unacted by the court, the least that is that a lawyer shall not unduly delay a case,
expected of him is to file it within the period impede the execution of a judgment or misuse
asked for (Agpalo) Court processes. In its Resolution, the IBP
Board ordained his suspension from the
IV. Rule 12.04. A lawyer shall not unduly delay a practice of law for 2 years. The SC however
case, impede the execution of a judgment or found that formal requisites of the investigation
misuse court processes. and resolution had not been complied with and
dismissed the case requiring the IBP to comply
Notes from Agpalo with the procedure outlined in Rule 139-B in all
cases involving disbarment and discipline of
o While a client may withhold from his attorneys. (Malonzo v. Prinsipe, 447 SCRA 1
counsel certain facts or give him false (2004))
information to attain his unlawful ends, a
lawyer can easily see through the clients
action either before or at the early stage of V VII.
the litigation Rule 12.05 A lawyer shall refrain from talking
to his witness during the break or recess in the
o If after his appearance a lawyer discovers trial, while the witness is still under examination.
that his client has no case, he may not
unceremoniously abandon the action. He Rule 12.06 A lawyer shall not knowingly assist
should advise his client to discontinue the a witness to misrepresent himself or to
action or to confess judgment, and if the impersonate another.
client is determined to pursue it he should
ask that he be relieved from professional Rule 12.07 A lawyer shall not abuse, browbeat
responsibility or harass a witness nor needlessly inconvenience
him.
Rule 132, sec. 3. Rights and obligations of a which event he must, during his testimony,
witness. A witness must answer questions, entrust the trial of the case to another counsel.
although his answer may tend to establish a
claim against him. However, it is the right of a The underlying reason for the impropriety of a
witness: lawyer acting in such dual capacity lies in the
o To be protected from irrelevant, improper, difference between the function of a witness
or insulting questions, and from harsh or and that of an advocate. The function of a
insulting demeanor; witness is to tell the facts as he recalls then in
o Not to be detained longer than the interests answer to questions. The function of an
of justice require; advocate is that of a partisan. It is difficult to
o Not to be examined except only as to distinguish between the zeal of an advocate
matters pertinent to the issue; and the fairness and impartiality of a
o Not to give an answer which will tend to disinterested witness (Agpalo)
subject him to a penalty for an offense
unless otherwise provided by law; or Although the law does not forbid an attorney to
o Not to give an answer which will tend to be a witness and at the same time an attorney
degrade his reputation, unless it be to the in a cause, the courts prefer that counsel
very fact at issue or to a fact from which should not testify as witness unless it is
the fact in issue would be presumed. But a necessary and that they should withdraw from
witness must answer to the fact of his the active management of the case. Canon 19
previous conviction for an offense. of the Code of Legal Ethics provides that when
a lawyer is a witness for his client, except as to
P.D. No. 1829 Penalizing the obstruction merely formal matters. Such as the attestation
of apprehension and prosecution of or custody of an instrument and the like, he
criminal offenders (1981)ANNEXED should leave the trial of the case to other
counsel. Except when essential to the ends of
Notes from Agpalo: justice, a lawyer should avoid testifying in court
in behalf of his client. (PNB v. Uy Teng Piao,
Rule 12.05. The purpose of this rule is to 57 PHIL 337 (1932))
avoid any suspicion that he is coaching the
witness what to say during the resumption
of the examination CANON 13: QUICK REFERENCE
Rule 12.06. A lawyer may interview
witnesses in advance of trial or attend to
Canon 13. A lawyer shall rely upon the
their needs if they are poor but he should
merits of his cause and refrain from any
avoid any such action as may be
misinterpreted as an attempt to influence
impropriety which tends to influence, or gives
the witness what to say in court. Court will the appearance of influencing the court.
not give weight on a testimony of a witness
who admits having been instructed. A Rule 13.01. A lawyer shall not
lawyer who presents a witness whom he extend extraordinary attention or
knows will give a false testimony or is an hospitality to, nor seek opportunity for
impersonator may be subjected to cultivating familiarity with Judges.
disciplinary action.
Rule 12.07. The lawyer has a duty to Rule 13.02. A lawyer shall not make
always treat adverse witnesses and suitors public statements in media regarding a
with fairness and due consideration pending case tending to arouse public
Rule 12.07. The client cannot be made the opinion for or against a party.
keeper of the lawyers conscience in
professional matters. He has no right to Rule 13.03. A lawyer shall not
demand that his counsel abuse the brook or invite interference by another
opposite party and the latters witnesses or
branch or agency of the government by
indulge in offensive personalities. Improper
speech is not excusable on the ground that
another branch or agency of the
it is what the client would say if speaking in government in normal course of
his own behalf judicial proceedings.
Rule 12.07. If it is the judge who subjects
the witness to harsh treatment, the lawyer
has the right to protest in a respectful and MEMORY AID FOR RULES UNDER CANON 13:
dignified manner the action of the judge o No Extraordinary Attention (Rule 13.01)
and to make the incident of record without o No Public Statements to Media (Rule 13.02)
being held liable administratively or for o Not to Invite Outside Interference (Rule
contempt of court 13.03)
KNOW MORE:
VIII. RULE 12.08 A LAWYER SHALL AVOID
TESTIFYING IN BEHALF OF HIS Grievances must be ventilated through proper
CLIENT; EXCEPT: channels (appropriate petitions, motions or
other pleadings) in keeping with the respect
a. on formal matters, such as mailing, due to the Courts as impartial administrators of
authentication or custody of an instrument, and justice entitled to proceed to the disposition of
the like; or its business in an orderly manner, free from
b. on substantial matters, in cases where his outside interference obstructive of its functions
testimony is essential to the ends of justice, in and tending to embarrass the administration of
justice. For though the rights of free speech o Purpose: Newspaper publications regarding
and of assembly are constitutionally protected, a pending or anticipated litigation may
an attempt to pressure or influence courts of interfere with a fair trial, prejudice the
justice is no longer within the ambit of administration of justice, or subject a
constitutional protection. (Nestle Phil. v. respondent or a accused to a trial by
Sanchez, 154 SCRA 542 (1987))19 publicity and create a public inference of
guilt against him
Freedom of speech is not absolute, and must o The court, in a pending litigation, must be
be balanced with the requirements of equally shielded from embarrassment or influence in
important public interests, such as the its all important duty of deciding the case.
maintenance of the integrity of the courts and Thus, what a lawyer can ordinarily say against
orderly functioning of the administration of a concluded litigation and the manner the
justice. Unwarranted attacks on the dignity of judge handed down the decision may not
the courts cannot be disguised as free speech, generally be said to a pending action.
o Once a litigation is concluded, the judge who
for the exercise of said right cannot be used to
decided it is subject to the same criticism as
impair the independence and efficiency of
any other public official because then, his
courts or public respect and confidence thereof.
ruling becomes public property and is thrown
His statements are not fair criticisms of any open to public consumption.
decision of the Court, but are threats made o A newspaper publication tending to impede,
against it to force the Court to decide the issue obstruct, embarrass or influence the courts in
in a particular manner, or risk earning the ire of administering justice in a pending case
the public. It tends to promote distrust an constitutes criminal contempt, but the rule is
undermines public confidence in the judiciary, otherwise after the litigation is ended.
by creating the impression that the Court
cannot be trusted to resolve cases impartially, Televising a court trial would amount to a violation
uninfluenced by public clamor and other of due process. A carnival atmosphere would be
extraneous influences. (In Re: De Vera, 385 created.
SCRA 285 (2003))20 Jurisprudence also states that there is nothing
that proscribes the press from reporting events
I. Rule 13.01. A lawyer shall not extend that transpire in the courtroom. But there is a
extraordinary attention or hospitality to, nor seek reasonable likelihood that the prejudicial news
prior to trial will prevent a fair trial. If publicity
opportunity for cultivating familiarity with Judges.
during the proceeding threatens the fairness of
the trial, a new trial shall be ordered.
Notes from Agpalo
HOWEVER, THE CASE AT BAR IS DIFFERENT. The
o The common practice of some lawyers publicity in this case did not focus on the guilt of
making judges and prosecutors godfathers the petitioners but rather on the responsibility of
of their children to enhance their influence the government for what was claimed to be a
and their law practice should be avoided by massacre of Muslim trainees. If there was a
judges and lawyers alike trial by newspaper it was not of the petitioner
o A lawyer should not see a judge in chamber but of the government. There is no showing that
and talk to him about a case he is handling the courts martial failed to protect the accused
and pending in the judges court from massive publicity. Protection would include:
o A lawyer should not communicate to the controlling the release of information; change the
judge the merits of a pending case venue or postpone trial until the deluge of
prejudicial publicity has subsided. Even granting
II. Rule 13.02. A lawyer shall not make public that there is massive and prejudicial publicity, the
statements in media regarding a pending case petitioners do not contend that the respondents
tending to arouse public opinion for or against a have been unduly influenced but simply that they
might be. (Martelino v. Alejandro (1989))
party.
Retainer, defined:
D. The Lawyer and the Client (1) an act of client by which he engages
services of an attorney to render legal advice,
MEMORY AID FOR CANONS UNDER THIS defend or prosecute his cause in court;
SECTION: (2) fee which a client pays to an attorney when
1. Service to the Needy (Canon 14) latter is retained (retaining fee)
2. Observe Candor, Fairness, Loyalty (Canon 15)
3. Hold in Trust Clients Moneys and Properties o General retainer, defined: secure
(Canon 16) beforehand services of attorney for any
4. Trust and Confidence (Canon 17) legal problem that may afterward arise
5. Competence and Diligence (Canon 18)
6. Representation with Zeal (Canon 19) o Special retainer, defined: particular case or
7. Attorneys Fees (Canon 20) service
8. Preserve Clients Confidence (Canon 21)
9. Withdrawal of Services for Good Cause (Canon o Retaining fee, defined: preliminary fee paid
22) to insure and secure future services, to
remunerate him for being deprived, by
KNOW MORE: being retained by one party. It prevents
undue hardship resulting from the rigid
The nature of lawyer-client relationship is observance of the rule forbidding him from
premised on the Roman Law concepts of acting as counsel for other party (Agpalo)
1. location conduction operarum (contract of
lease and services) where one person lends Employment of a law firm:
his services and another hires them without The employment of a law firm is
reference to the object of which the equivalent to the retainer of a member
services are to be performed, wherein thereof even though only one of them
lawyers services may be compensated by is consulted
honorarium
2. mandato (contract of agency) wherein a
friend on whom reliance could be placed CANON 14: QUICK REFERENCE
makes a contract in his name, but gives up
all that he gained by the contract to the
person who requested him. (Regala v.
Sandiganbayan)
Canon 14. A lawyer shall not refuse his
services to the needy.
Notes from Agpalo:
o The relationship is strictly personal and Rule 14.01. A lawyer shall not
highly confidential and fiduciary (something decline to represent a person solely on
in trust for another). Thus, delegation is account of the latters race, sex, creed
prohibited absent the clients consent. It or status of life, or because of his own
likewise terminates at death of either the opinion regarding the guilt of said
client or the attorney. person.
o A client can terminate it any time with or
without the consent of the lawyer. Rule 14.02. A lawyer shall not
However, an attorney enjoys no similar decline, except for serious and sufficient
right as he is an officer of the court and he cause, an appointment as counsel de
may be permitted to withdraw only with the oficio or as amici curiae, or a request
consent of his client or with the approval of
from the Integrated Bar of the
the court. The essential feature of the
Philippines or any of its chapters for
relation of attorney and client is the fact of
rendition of free legal aid.
employment. While a written agreement for
professional services is the best evidence to
show the relation, formality is not an Rule 14.03. A lawyer may refuse to accept
essential element of the employment of a representation of an indigent client if:
lawyer a. he is not in a position to carry out the
o It is sufficient, to establish the professional work effectively or competently;
relation, that the advice and assistance of b. he labors under a conflict of interests
an attorney is sought and received in any between him and the prospective client or
matter pertinent to his profession between a present client and the
o There is an implied contract of professional prospective client.
employment where an attorney appears on
behalf of a party without the latter Rule 14.04. A lawyer who accepts the cause
interposing any objection thereto of a person unable to pay his professional
o To employ an attorney one has to have fees shall observe the same standard of
legal capacity to do so. Minors/ conduct governing his relations with paying
incompetents must have a general
clients.
guardian/ guardian ad litem has to employ
an attorney.
o A lawyer has no power to act as counsel or
legal representative for a person without MEMORY AID FOR RULES UNDER CANON 14:
being retained nor may he appear for a o Availability of Services Regardless of Status
party in a case without being employed (Rule 14.01)
o Providing Counsel de Oficio (Rule 14.02)
o Valid Ground for Refusal (Rule 14.03) of presumption of innocence and proof beyond
o Same Standard of Conduct for All Clients (Rule reasonable doubt. (Agpalo)
14.04)
KNOW MORE: Rule 2.01. A lawyer shall not reject, except for
valid reasons, the cause of the defenseless or
General rule: A private practitioner is not obliged the oppressed.
to act as counsel for a person who may wish to
become his client. He has the right to decline
employment. II. Rule 14.02. A lawyer shall not decline,
except for serious and sufficient cause, an
Exceptions: Canon 14 provide the exceptions to appointment as counsel de oficio or as amici curiae,
the general rule and emphasize the lawyers or a request from the Integrated Bar of the
public responsibility of rendering legal services to
Philippines or any of its chapters for rendition of
the needy and the oppressed who are unable to
free legal aid.
pay attorneys fees. In such cases, refusal is the
exception rather than the rule.
Rule 138 sec. 20 (h), Duties of attorneys. It
R.A. 6033. An act requiring courts to give is the duty of an attorney: (h) Never to reject,
preference to criminal cases where the for any consideration personal to himself, the
party or parties involved are indigents cause of the defenseless or oppressed;
(1969)ANNEXED
Rule 138, sec. 31 Attorneys for destitute
R.A. 6034. An act providing transportation litigants.A court may assign an attorney to
and other allowances for indigent render professional aid free of charge to any
litigants. (1969) ANNEXED party in a case, if upon investigation it appears
that the party is destitute and unable to employ
RA 6035. An act requiring stenographers an attorney, and that the services of counsel
to give free transcript of notes to indigent are necessary to secure the ends of justice and
and low income litigants and providing a to protect the rights of the party. It shall be
penalty for the violation thereof. (1969) the duty of the attorney so assigned to render
ANNEXED the required service, unless he is excused
therefrom by the court for sufficient cause
I. Rule 14.01. A lawyer shall not decline to shown.
represent a person solely on account of the latters
race, sex, creed or status of life, or because of his Rule 116, sec. 6. Duty of court to inform
own opinion regarding the guilt of said person. accused of his right to counsel.Before
arraignment, the court shall inform the accused
Rule 138, sec. 20 (h-i). Duties of attorneys.It of his right to counsel and ask him if he desires
is the duty of an attorney: (h) Never to reject, to have one. Unless the accused is allowed to
for any consideration personal to himself, the defend himself in person or has employed
cause of the defenseless or oppressed. (i) In counsel of his choice, the court must assign a
the defense of a person accused of crime, by all counsel de oficio to defend him.
fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, Rule 116, sec. 7. Appointment of counsel de
to present every defense that the law permits, oficioThe court shall appoint a counsel de
to the end that no person may be deprived of oficio to defend a client, considering [1] the
life or liberty, but by due process of law gravity of the offense, [2] the difficulty of the
questions that may arise, [3] and the
Rule 14.01 makes it his duty not to decline to experience and ability of the appointee. The
represent the accused regardless of his opinion counsel must be [1] a member of the bar in
as to his guilt. Note that in criminal cases, it good standing [2] or, in localities without
is easy to take accused because of presumption lawyers, any person of good repute for probity
of innocence and proof beyond reasonable and ability
doubt.
Rule 116, sec. 8. Time for counsel de oficio to
It is the lawyers duty to counsel or maintain prepare for arraignment. Whenever a
such actions or proceedings only as appear to counsel de oficio is appointed by the court to
him to be just, and such defenses only as he defend the accused at the arraignment, he
believes to be honestly debatable under law. shall be given a reasonable time to consult with
He is not to encourage the commencement or the accused as to his plea before proceeding
the continuance of an action or delay any with the arraignment.
mans cause, for any corrupt motive or
interest. He must decline to conduct a civil Rule 124 (Case on Appeal in the CA), sec. 2.
case or to make a defense when convinced Appointment of counsel de oficio for the
that it is intended merely to harass or injure accused.If it appears from the record of the
the opposite party or to work oppression or case transmitted that [1] the accused is
wrong. If he were to take a bad civil case for a confined in prison, [2] is without counsel de
plaintiff, it will only be to advise him not to file parte on appeal, or [3] has signed the notice
the action or to settle it with the claimant. If of appeal himself, the clerk of court of the CA
he were to accept the defense of a bad civil shall designate a counsel de oficio.
case against a defendant, it will either be to An appellant who is not confined in prison may,
exert his best effort toward a compromise or, upon request, be assigned a counsel de oficio
to tell his client to confess judgment. In within the 10 days from receipt of the notice to
criminal cases: easy to take accused because file brief and he establishes his right thereto by
affidavit
KNOW MORE:
Art. 209 Revised Penal Code. Betrayal of trust Opposing clients in unrelated actions
by an attorney. or solicitor.Revelation of o A lawyer owes loyalty to his client not only
Secrets.In addition to the proper in the case in which he has represented
administrative action, shall be imposed upon him but also after the relation of attorney
an attorney-at-law or solicitor (procurador and client has terminated because it is not
judicial) who, by any malicious breach of good practice to permit him afterwards to
professional duty or of inexcusable negligence defend in another case another person
or ignorance, shall prejudice his client, or against his former client under the pretext
reveal any of the secrets of the latter learned that the case is distinct from, and
by him in his professional capacity independent of, the former case.
o It is improper for a lawyer to appear as
Tests of Conflict of Interest: counsel for one party against the adverse
1. when, on behalf of one client, it is the party who is his client in another totally
attorneys duty to contest for that which his unrelated action. The attorney in that
duty to another client requires him to situation will not be able to pursue, with
oppose or when the possibility of such vigor and zeal, the clients claim against
situation will develop; the other and to properly represent the
2. whether the acceptance of the new relation latter in the unrelated action; or, if he can
will prevent a lawyer from the full do so, he cannot avoid being suspected by
discharge of his duty of undivided fidelity the defeated client of disloyalty of partiality
and loyalty to his client or will invite in favor of the successful client
suspicion of unfaithfulness in the
performance thereof; and New client against former client
3. whether a lawyer will be called upon in his o A lawyer cannot represent a new client
new relation to use against his first client against a former client only when the
any knowledge acquired in the previous subject matter of the present controversy
employment. is related, directly of indirectly, to the
subject matter of the previous litigation in
The proscription against representation of which he appeared for the former client. He
conflicting interests finds application where the may properly act as counsel for a new
conflicting interests arise with respect to the client, with full disclosure to the latter,
same general matter and is applicable however against a former client in a matter wholly
slight such adverse interest may be. It applies unrelated to that of the previous
although the attorneys intentions and motives employment, there being no conflict of
were honest and he acted in good faith. interests.
o Reason: what a lawyer owes to former
Rule against representing conflicting interests client is to maintain inviolate the clients
applies even if the conflict pertains to the confidence or to refrain from doing
lawyers private activity or in the performance anything which will injuriously affect him in
in a non-professional capacity, and his any matter which he previously
presentation as a lawyer regarding the same represented him; in this case, duty does
subject matter. not arise
o Where subject matter of present suit
Effect of termination of attorney-client relation between the lawyers new client and his
o Termination of relation of attorney and former client is in some way connected,
client provides no justification for a lawyer prohibition applies even if no confidential
to represent an interest adverse to or in information was acquired
conflict with that of the former client.
Neither may he do anything injurious to his Conflicting duties
former client nor use against former client o A lawyer may not, as an employee of a
any knowledge or information gained. corporation whose duty is to attend to its
o Reason: clients confidence, once reposed, legal affairs, join a labor union of
cannot be divested by the expiration of employees in that corporation because the
professional employment exercise of the unions rights is
IV. Rule 15.04. A lawyer may, with the written make clear to his client whether he is
consent of all concerned, act as mediator, acting as a lawyer or in another capacity.
conciliator or arbitrator in settling disputes.
Exercise of dual profession is not prohibited but
An attorneys knowledge of the law and his a lawyer must make it clear when he is acting
reputation for fidelity may make it easy for the as a lawyer and when he is otherwise,
disputants to settle their differences amicably. especially in occupations related to the practice
However, he shall not act as counsel for any of of law. Reason: certain ethical considerations
them. (Agpalo) may be operative in one profession and not in
the other. (Agpalo)
V. Rule 15.05. A lawyer when advising his client A lawyer is not barred from dealing with his
shall give a candid and honest opinion on the client but the business transaction must be
merits and probable results of the clients case, characterized with utmost honesty and good
neither overstating nor understanding the faith. Business transactions between an
prospects of the case. attorney and his client are disfavored and
discouraged by policy of law because by virtue
A lawyer is bound to give candid and honest of a lawyers office, he is an easy position to
opinion on the merit or lack of merit of clients take advantage of the credulity and ignorance
case, neither overstating nor understating the of his client. Thus, there is no presumption of
prospect of the case. He should also give an innocence or improbability of wrongdoing in
honest opinion as to the probable results of the favor of lawyers. MOREOVER, the proscription
case, with the end in view of promoting respect against representation of conflicting interests
for the law and the legal processes. (Agpalo) finds application where the conflicting interests
arise with respect to the same general matter
VI. Rule 15.06. A lawyer shall not state or imply and is applicable however slight such adverse
that he is able to influence any public official, interest may be. It applies although the
tribunal or legislative body. attorneys intentions and motives were honest
and he acted in good faith. Representation of
This rule protects against influence peddling. conflicting interests may be allowed where the
Some prospective clients secure the services of parties give an informed consent to the
a particular lawyer or law firm precisely representation after full disclosure of facts. The
because he can exert a lot of influence on a lawyer must explain to his clients the nature
judge and some lawyers exact big fees for such and extent of the conflict and the possible
influence (Agpalo) adverse effects must be thoroughly understood
by his clients. The test to determine whether
VII. Rule 15.07. A lawyer shall impress upon his there is conflict of interest in the representation
client compliance with the laws and the principles is the probability, not the certainty of conflict.
of fairness. (Nakpil v. Valdez, 286 SCRA 758 (1998))21
for his discharge as counsel- his clients had lost KNOW MORE:
confidence in him. Secondly, even if there were
no valid ground, he is bereft of any legal right When a lawyer takes a clients cause, he
to retain his clients' funds intended for a thereby covenants that he will exert all effort
specific purpose the purchase of land. He for its prosecution until its final conclusion. The
stands obliged to return the money failure to exercise due diligence or the
immediately to their rightful owners. abandonment of a client's cause makes such
lawyer unworthy of the trust which the client
The principle of quantum meruit applies if
had reposed on him.
a lawyer is employed without a price
A lawyer has a duty to protect with utmost
agreed upon for his services in which case
dedication the interest of his client and of the
he would be entitled to receive what he
fidelity, trust and confidence which he owes his
merits for his services, as much as he has
client. More so where by reason of his gross
earned. In this case, however, there was an
negligence his client thereby suffered by losing
express contract and a stipulated mode of
all her cases.
compensation. The implied assumption on
Lawyers should be fair, honest, respectable,
quantum meruit therefore, is inapplicable.
above suspicion and beyond reproach in
(Quilban v. Robinol, 171 SCRA 768
dealing with their clients. The profession is not
(1989))
synonymous with an ordinary business
proposition. It is a matter of public interest.
IV. Rule 16.04. A lawyer shall not borrow (Cantiller v. Potenciano, 180 SCRA 246
money from his client unless the clients interests (1968))
are fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend It is the duty of a lawyer at the time of retainer
money to a client except when, in the interest of to disclose to the client all the circumstances of
justice, he has to advance necessary expenses in a his relations to the parties, and any interest in
legal matter he is handling for the client. or connection with the controversy, which
might influence the client in the selection of
Champertya bargain by a stranger (the counsel.
lawyer) with a party to a suit (the client) by It is unprofessional to represent conflicting
which such third person undertakes to carry on interests, except by express consent of all
the litigation at his own expense and risk, in concerned given after a full disclosure of the
consideration of receiving, if successful, a part facts. Within the meaning of this canon, a
of the proceeds or subject sought to be lawyer represents conflicting interests when, in
recovered. behalf of one client, it is his duty to contend for
that which duty to another client requires him
Champertous Contractwhere the lawyer to oppose.
assumes all expenses of litigation and A lawyer should champion his cause with that
reimbursement is contingent on outcome of wholehearted fidelity, care and devotion that
case is PROHIBITED! Champertous contracts he is obligated to give to every case that he
are like wagersthe lawyer gets paid and accepts from a client. (Alisbo v. Jalandoon,
reimbursed if he wins the case and loses even 199 SCRA 321 (1991))
what he had spent on the case if he loses.
Rule 138, Sec. 20 (e): To maintain inviolate the
Contingent Fee Contractin this, the lawyer confidence, and at every peril to himself, to
gets reimbursed for any advances made for the preserve the secrets of his client, and to accept
client in the course of the representation, no compensation in connection with his client's
whether he wins the suit or not; only the business except from him or with his
amount of attorneys fees is contingent upon knowledge and approval.
winning. Rule 138, Sec. 20 (f): To abstain from all
offensive personality and to advance no fact
The relation of attorney and client is highly prejudicial to the honor or reputation of a party
fiduciary in nature and is of a very delicate, or witnesses, unless required by the justice of
exacting and confidential character. A lawyer is the cause with which he is charged.
duty-bound to observe candor, fairness and Furnishing the adverse parties with evidence
loyalty in all his dealings and transactions with against the client constitutes betrayal of trust
his clients. The profession, therefore, demands and confidence of his former clients in violation
of an attorney an absolute abdication of every of Rule 138, Sec. 20 (e). (Ngayan v. Tugade,
personal advantage conflicting in any way, 193 SCRA 779 (1991))
directly or indirectly, with the interest of his
client. (Barnachea v. Quicho, 399 SCRA 1 A lawyer has a sworn duty to act with fidelity
(2003)) toward his clients. Canon 17, Code of
Professional Responsibility states that [a]
lawyer owes fidelity to the cause of his client
CANON 17: QUICK REFERENCE and shall be mindful the trust and confidence
reposed in him; and Rule 1.01 which prohibits
lawyers from engaging in unlawful, dishonest,
Canon 17. A lawyer owes fidelity to immoral or deceitful conduct. The requirement
the cause of his client and he shall be of good moral character is not only a condition
mindful of the trust and confidence precedent to admission to the Philippine Bar
reposed in him. [no implementing rules] but is also a continuing requirement to
maintain ones goods standing in the legal
profession. (In Re: Suspension from the
Practice of law (435 SCRA 417 (2004))
or defense of the litigation entrusted to him; he on him by the latter. (Legarda v. CA, 209
will exercise reasonable and ordinary care and SCRA 722 (1992))24
diligence in the use of his skill and in the
application of his knowledge to his clients
cause; he will take such steps as will IV. Rule 18.04. A lawyer shall keep the
adequately safeguards his clients interest. A client informed of the status of his case and shall
client may reasonably expect that counsel will respond within a reasonable period of time to the
make good his representations. (Agpalo) clients request for information.
I. Rule 18.01. A lawyer shall not undertake a legal It was unnecessary to have complainants wait,
service which he knows or should know that he is and hope, for six long years on their pension
not qualified to render. However he may render claims. Upon their refusal to co-operate,
such service if, with the consent of his client, he respondent should have forthwith terminated
can obtain as collaborating counsel a lawyer who is their professional relationship instead of
competent on the matter. keeping them hanging indefinitely. (Blanza v.
Arcangel (1967))
However well meaning he may be, a lawyer
cannot ask another lawyer to collaborate with
him in a particular case without the consent of
CANON 19: QUICK REFERENCE
the client. The fiduciary nature of attorney-
client relationship prohibits this. (Aguirre)
Canon 19. A lawyer shall represent his
Some cases involve specialized fields of law client with zeal within the bounds of law.
and require special training. A lawyer should
not accept an undertaking in specific area of Rule 19.01. A lawyer shall employ
law which he knows or should know he is not only fair and honest means to attain
qualified to enter. (Agpalo) the lawful objectives of his client and
shall not present, participate in
II. Rule 18.02.A lawyer shall not handle any legal presenting or threaten to present
matter without adequate preparation. unfounded criminal charges to obtain
an improper advantage in any case
Lawyer should safeguard his clients rights and or proceeding.
interests by thorough study and preparation;
mastering applicable law and facts involved in a Rule 19.02 A lawyer who has
case, regardless of the nature of the received information that his client
assignment; and keeping constantly abreast of has, in the course of the
the latest jurisprudence and developments in representation, perpetuated a fraud
all branches of the law (Agpalo) upon a person or tribunal, shall
promptly call upon the client to
rectify the same, and failing which he
III. Rule 18.03. A lawyer shall not neglect a shall terminate the relationship with
legal matter entrusted to him, and his negligence in such client in accordance with the
connection therewith shall render him liable. Rules of Court.
The standard of diligence required of a lawyer Rule 19.03. A lawyer shall not
is that of a good father of a family. He is not allow his client to dictate the
bound to exercise extraordinary diligence procedure in handling the case.
It should be remembered that the moment the Rule 138, Sec. 20(d). Duties of attorneys.It
lawyer takes a clients cause, he covenants that is the duty of an attorney: (d) To employ, for
he will exert all effort for its prosecution until the purpose of maintaining the causes confided
its final conclusion. A lawyer who fails to 24
exercise due diligence or abandons his clients FACTS: Legarda was defendant in a complaint for specific
performance. Atty. Coronel, her counsel, failed to file an
cause makes him unworthy of the trust reposed answer within the period and Legarda was thus declared in
default. The lower court rendered a decision against Legarda.
Coronel failed to pose an appeal within the period. Thus, the
decision became final. The SC suspended Atty. Coronel for six
months.
to him, such means only as are consistent with Mistakes or Negligence of Lawyer Binding
truth and honor, and never seek to mislead the Upon Client (1998, 200, 2002 BAR EXAMS)
judge or any judicial officer by an artifice or
false statement of fact or law. General Rule: Client is bound by attorneys
conduct, negligence and mistake in handling case
Rule: In espousing his clients cause, a lawyer or in management of litigation and in procedural
should not state his personal belief as to the technique, and he cannot be heard to complain that
soundness or justice of his case. Reasons: the result might have been different had his lawyer
lawyers personal belief has no real bearing on proceeded differently.
the case; if expression of belief were permitted,
it would give improper advantage to the older Exceptions:
and better known lawyer whose opinion would 1) Where adherence thereto results in outright
carry more weight; If such were permitted, deprivation of clients liberty or property or
omission to make such assertion might be where interest of justice so requires.
taken as an admission of the lack or belief in 2) Where error by counsel is purely technical
the soundness of his clients cause. (Agpalo) which does not affect substantially clients
cause.
3) Ignorance, incompetence or inexperience of
II. Rule 19.02 A lawyer who has received lawyer is so great and error so serious that
information that his client has, in the course of the client, who has good cause is prejudiced
representation, perpetuated a fraud upon a person and denied a day in court.
or tribunal, shall promptly call upon the client to 4) Gross negligence of lawyer.
rectify the same, and failing which he shall 5) Lack of acquaintance with technical part of
terminate the relationship with such client in procedure.
accordance with the Rules of Court.
CANON 20: QUICK REFERENCE matter of the controversy, the extent of the
services rendered, and the professional
Canon 20. A lawyer shall charge only fair standing of the attorney. No court shall be
and reasonable fees. bound by the opinion of attorneys as expert
witnesses as to the proper compensation, but
Rule 20.01. A lawyer shall be guided may disregard such testimony and base its
by the following factors in determining his conclusion on its own professional knowledge.
fees: A written contract for services shall control the
a. The time spent and the extent of the amount to be paid therefore unless found by
services rendered or required; the court to be unconscionable or
b. The novelty and difficulty of the unreasonable.
questions involved;
c. The importance of the subject Rule 138, sec. 32. Compensation for
matter; attorneys de oficio.Subject to availability of
d. The skill demanded; funds as may be provided by law the court
e. The probability of losing other may, in its discretion, order an attorney
employment as a result of employed as counsel de oficio to be
acceptance of the professed case; compensated in such sum as the court may fix
f. The customary charges for similar in accordance with section 24 of this rule.
services and the schedule of fees of Whenever such compensation is allowed, it
the IBP Charter to which he shall not be less than P30 in any case, nor
belongs; more than the following amounts:
g. The amount involved in the o P50 in light felonies;
controversy and the benefits o P100 in less grave felonies;
resulting to the client from the o P200 in grave felonies other than capital
service; offenses;
h. The contingency or certainty of o P500 in capital offenses.
compensation;
i. The character of the employment, RA 5185, sec. 6 (An act granting further
whether occasional or established; autonomous powers to local governments)
and Prohibition Against Practice. - A member of the
j. The professional standing of the Provincial Board or City or Municipal Council
lawyer. shall not appear as counsel before any court in
any civil case wherein the province, city or
Rule 20.02. A lawyer shall, in cases of municipality, as the case may be, is the
referral, with the consent of the client, be adverse party: Provided, however, That no
entitled to a division of fees in proportion member of the Provincial Board shall so appear
to the work performed and responsibility except in behalf of his province in any civil case
assumed. wherein any city in the province is the adverse
party whose voters are en-franchised to vote
Rule 20.03. A lawyer shall not, for provincial officials, nor shall such member
without the full knowledge and consent of of the Provincial Board or City or Municipal
the client, accept any fee, reward, costs, Council appear as counsel for the accused in
commission, interest, rebate or any criminal case wherein an officer or
forwarding allowances or other employee of said province, city or municipality
compensation whatsoever related to his is accused of an offense committed in relation
professional employment from any one to the latter's office, nor shall he collect any fee
other than the client. for his appearance in any administrative
proceedings before provincial, city or municipal
Rule 20.04. A lawyer shall avoid agencies of the province, city or municipality,
controversies with clients concerning his as the case may be, of which he is an elected
compensation and shall resort to judicial official.
action only to prevent imposition,
injustice or fraud. The provisions of this Section shall likewise
apply to provincial governors and city and
municipal mayors.
Notes from Agpalo: Right to Attorneys
MEMORY AID FOR RULES UNDER CANON 20: Fees
o Fee Guide (Rule 20.01) o That the practice of law is a profession and
o Clients Consent of Fees for Referral (Rule not a money-making trade does not
20.02) operate to deny a lawyer the right to
o Clients Consent of Acceptance fee (Rule attorneys fees for his professional services.
20.03) He has the right to have and recover from
o Avoid Compensation Controversy with Client his client a fair and reasonable
(Rule 20.04) compensation for his services, except in
cases where he has agreed to render
service gratuitously or has been appointed
KNOW MORE: counsel de oficio.
should only be done to prevent injustice, Rules of Court: Court, in its discretion,
imposition or fraud. The impression is that may grant (token) compensation
those instituting suits are mercenaries. subject to availability of funds: P30-P50
in light felonies; P100 in less grave
o GENERALLY: right of lawyer to reasonable felonies; P200 in grave felonies other
compensation for services requires the than capital offenses; P500 in capital
following: offenses. This is not intended as a
1. that attorney-client relationship exists; source of regular income
and
2. that he rendered services to the client. o Misconduct on part of lawyer may affect or
negate his right to recover from client a
o A written agreement is not necessary to reasonable compensation for services
establish a clients obligation to pay already performed. (examples: negligence,
attorneys fees. As long as the lawyer is carelessness, misrepresentation,
honestly and in good faith trying to serve unfaithfulness or abuse of clients
and represent the interest of his client, an confidence). Basis: good morals and public
absence of express undertaking does not policy
defeat recovery of fees.
o Although a client has right to discharge
o Clients obligation to pay attorneys fees lawyer anytime, dismiss or settle action or
arises from the inanimate contract of facis even waive the whole of his interest in
ut des (I do and you give) which is based favor of adverse party, he cannot, in the
on the principle that no one shall unjustly absence of lawyers fault, consent or
enrich himself at the expense of another. waiver, deprive the lawyer of his just fees
already earned.
o General rule: a person who had no
knowledge of, or objected to, the lawyers Quantum meruit
representation may not be held liable for When no price is stipulated for lawyers
attorneys fees even though such service, courts will fix amount on quantum
representation redounded to his benefit.. meruit basis, or such amount which his
The objection should be raised before and service merits.
not after beneficial services shall have been Requisite for principle: that there is an
rendered by the lawyer; otherwise, the acceptance of the benefits by one sought to
party who benefited may be required to be charged for the services rendered under
pay counsel fees. For it is neither just that circumstances as reasonably to notify him
client who retained lawyer should alone pay that the lawyer performing the task is
nor is it fair that those who, investing expecting to be paid compensation.
nothing and assuming no risk, received Doctrine of quantum meruit is a device to
benefits should not contribute their prevent undue enrichment based on the
proportionate share to counsel fees (based equitable postulate that it is unjust for a
on equity). person to retain benefit without paying for
it.
o Non-lawyer cannot recover attorneys fees Other times when doctrine applicable:
even if there is a law authorizing him to where amount stipulated in written
represent a litigant in court because basis agreement is found to be unconscionable or
of reasonable compensation is the where client dismissed counsel before
existence of attorney-client relationship and termination of case or where the lawyer
the rendition of services. withdrew therefrom for valid reasons.
The mere fact that an agreement had been Instances when Court will fix Amount of
reached between attorney and client fixing the Attorneys Fees based on Quantum Meruit:
amount of the attorney's fees, does not 1. agreement is invalid for some reason other
insulate such agreement from review and than illegality of object of performance
modification by the Court where the fees 2. amount stipulated is unconscionable
clearly appear to be excessive or unreasonable. 3. no agreement as to fees existed between
(Tanhueco v. De Dumo, 172 SCRA 760 parties
(1989)) 4. client rejects amount fixed in contract as
unconscionable and is found to be so
The Counsel if worthy of his hire, is entitled to 5. lawyer, without fault, was unable to conclude
be fully recompensed for his services. With his litigation
capital consisting solely of his brains and his
skill, acquired at tremendous cost not only in Agpalo adds (1) the results secured and (2)
money but in the expenditure of time and whether of not the fee is contingent, it being
energy, he is entitled to the protection of any recognized as a rule that an attorney may
judicial tribunal against any attempt on the properly charge a higher fee when it is
part of a client to escape payment of his fees. contingent that when it is absolute. Even other
(Albano v. Coloma, 21 SCRA 411 (1967))27 consideration may be the actual purchasing
power of the Philippine Peso, the omission of
fault of the lawyer in the discharge of his
I. Rule 20.01. A lawyer shall be guided by the duties, the loss of opportunity on the part of a
following factors in determining his fees: lawyer for other employment of the financial
a. The time spent and the extent of the services capacity of the client.
rendered or required;
b. The novelty and difficulty of the questions
involved; II. Rule 20.02 - A lawyer shall, in case of referral,
c. The importance of the subject matter; with the consent of the client, be entitled to a
d. The skill demanded; division of fees in proportion to the work performed
e. The probability of losing other employment as a and responsibility assumed.
result of acceptance of the professed case;
f. The customary charges for similar services and Lawyers sometimes use the lawyer-referral
the schedule of fees of the IBP Charter to which system. It is an aid to selection of qualified
he belongs; lawyers. This system helps individuals in
g. The amount involved in the controversy and locating lawyers competent to handle their
the benefits resulting to the client from the particular problem. It enables laymen to have
service; informed selection of competent lawyers who
h. The contingency or certainty of compensation; have experience in the subject matter involved
i. The character of the employment, whether in a particular case. It is however stressed that
occasional or established; and it is improper for a lawyer to receive
j. The professional standing of the lawyer. compensation for merely recommending
another lawyer to his client for if such practice
A valid written contract is conclusive as to is permitted, it would tend to germinate evils of
amount of compensation. Unless both parties commercialism and to destroy proper
set aside contract and submit question of appreciation of professional responsibility. It is
reasonableness of amount of fees for court to only when, in addition to referral, he performs
resolve on quantum meruit basis, neither client legal service or assumes responsibility in case
nor lawyer may disregard amount fixed that he will be entitled to a fee. (Agpalo)
(Agpalo)
Rule 138, Sec. 27 of the Revised Rules of
None of the factors is controlling but are guides Court. Said provision enumerates the grounds
only. Other factors (Agpalo): for the suspension and disbarment of lawyers,
a) actual purchasing power of Philippine peso namely:
b) omission or fault of lawyer Sec. 27. Attorneys removed or suspended by
Supreme Court, on what grounds, - A member
26
FACTS: Atty Quirante filed a motion for confirmation of of the bar may be removed or suspended from
attorneys fees in the trial court, presenting alleged agreement his office as attorney by the Supreme Court for
between him and Casasola about said fee while the main case is
still pending. The case is being heard on appeal. The Court held
any deceit, malpractice or other gross
that Atty. Quirante cannot have a confirmation of attorneys misconduct in such office, grossly immoral
fees. conduct or by reason of his conviction of a
crime involving moral turpitude, or for any
27
violation of the oath of which he is required to
take before admission to practice, or for willful
substituted only if the following requisites are * in case written consent of attorney cannot be
complied with: (1) New counsel files a written secured, proof of service of notice of application
application for substitution; (2) The clients upon attorney to be substituted.
written consent is obtained; (3) The written ** in case of death of original attorney, additional
consent of the lawyer to be substituted is requirement of verified proof of death necessary
secured, if it can still be; if the written consent
can no longer be obtained, the application for usually initiated by substituting counsel hence
substitution must carry proof that notice of the the need to obtain conformity of original lawyer
motion has been served on the attorney to be or at least notice to original lawyer of
substituted in the manner required by the substitution
Rules. (Obando v. Figueras (2000))
consent of original lawyer or notice
I. Rule 22.01. A lawyer may withdraw his services requirement is designed to afford the lawyer
in any of the following case: the opportunity to protect his right to
a) When the client pursues an illegal or immoral attorneys fees. If he gives consent, it is
course of conduct in connection with the matter presumed he has settled that question. If not,
he is handling; he can ask in same action that his chance to
b) When the client insists that the lawyer pursue have his right to attorneys fees be preserved
conduct violative of these canons and rules; and protected.
c) When his inability to work with co-counsel will
not promote the best interest of the client; Effects of Defective Substitution
d) When the mental or physical condition of the A defective substitution is one which lacks any
lawyer renders it difficult for him to carry out of the requisites for a valid substitution.
the employment effectively;
e) When the client deliberately fails to pay the It does not effect a change of counsel; nor
fees for the services or fails to comply with the constitute an appearance of new lawyer, both
retainer agreement; of whom shall be deemed counsel of record;
f) When the lawyer is elected or appointed to pleadings filed by the new lawyer deemed
public office; and effective.
g) Other similar cases.
Employment of additional counsel
A lawyer shall withdraw his services only for Client has right to as many lawyers as he can
good cause and upon notice appropriate in the afford. Clients proffer of assistance of
circumstances; a lawyer shall avoid additional counsel should not be regarded as
controversies with clients concerning his evidence of want of confidence.
compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud. Professional courtesy requires that a lawyer
(Montano v. IBP, 358 SCRA 1 (2001))29 retained as collaborating counsel should at
least communicate with counsel of record
Procedure for Withdrawal: If without written before entering his appearance and should
consent from client, lawyer should file petition decline association if objectionable to original
for withdrawal in court and he must serve copy counsel.
of his petition upon his client and the adverse
party at least 3 days before date set for But if first lawyer is relieved by client, another
hearing. He should also give time to client to lawyer may come into the case.
secure services from another lawyer in the case
from which he is withdrawing.
II. Rule 22.02.A lawyer who withdraws or is
Change or Substitution of Counsel discharged shall, subject to a retainer lien,
immediately turn over all papers and property to
Change of counsel which the client is entitled, and shall cooperate
1) client discharges attorney with or without with his successor in the orderly transfer of the
cause: no consent or notice to lawyer needed, matter, including all information necessary for the
nor court approval proper handling of the matter.
2) attorney may initiate move by withdrawing his
appearance with written consent of client or A lawyer shall deliver the funds and property to
with leave of court on some justifiable ground his client when due or upon demand. However,
3) substitution of counsel in the form of he shall have a lien over the funds and may
application for that purpose: constitutes an apply so much thereof as may be necessary to
appearance of the substituting counsel and is a satisfy his lawful fees and disbursements,
polite way of effecting change; compliance with giving notice promptly thereafter to his client.
formalities is necessary since it involves ethical He shall also have a lien to the same extent on
considerations all judgments and executions he has secured
for his client as provided for in the Rules of
Requirements for substitution Court. (Rule 16.03)
1) written application for substitution
2) written consent of client Lawyers withdrawal or discharge shall be
3) written consent of attorney to be substituted without prejudice to his attorneys lien:
o Purpose of Rule 22.02 (lawyer entitled
29
FACTS: Atty. Dealca and Montano agreed that 50% attorneys to retaining lien) and Rule 16.03
fees shall be paid upon case acceptance and the other half upon (lawyer entitled to retaining and
its termination. Despite agreement, Atty. Dealca asked for charging lien): to insure payment of
payment of balance during the course of case. Upon failure to
give balance of P3, 500, Dealca withdrew appearance as counsel.
lawyers professional fees and the
The Court found that Dealca had not withdrawn for good cause. reimbursement of his lawful
5) Misappropriating clients funds (Estafa) causes mentioned in Rule 138, Sec. 27.
(Rule 139-B, Sec. 16, ROC)
II. CONTEMPT OF COURT (1998 BAR EXAM) *NOTE: But they cannot disbar a lawyer.
allowed the privileges as such. (In Re: 1. by the Supreme Court motu proprio
Almacen) or,
2. by the IBP upon the verified complaint
of any person.
Grounds for Disbarment:
B. The IBP Board of Governors may initiate
1. Deceit and prosecute proper charges against
2. Malpractice, or other gross misconduct erring attorneys including those in the
in office any malfeasance or govt:
dereliction of duty committed by a 1. motu proprio or
lawyer 2. upon referral by the SC or
3. Grossly immoral conduct 3. by a Chapter Board of Officers or at
4. Conviction of a crime involving moral the instance of any person.
turpitude (e.g. estafa, bribery, murder,
bigamy, seduction, abduction, C. The complaint must be:
concubinage, smuggling, falsification of 1. verified;
public document, violation of BP 22) 2. state clearly and concisely the facts
5. Violation of oath of office complained of;
6. Willful disobedience of any lawful order 3. supported by affidavits of persons
of a superior court having personal knowledge of the
7. Corruptly or willfully appearing as an facts therein alleged, or by such
attorney for a party to case without an documents as may substantiate it;
authority to do so. 4. six copies shall be filed with the
Objectives of Suspension and Secretary of the IBP or any of the
Disbarment: Chapters.
1. To compel the attorney to deal fairly and D. Investigation by the National Grievance
honestly with his clients; Investigators.
2. To remove from the profession a person
whose misconduct has proved him unfit to E. Submission of the investigative report to
be entrusted with the duties and the IBP Board of Governors.
responsibilities belonging to the office of an
attorney; F. Board of Governors decides within 30
3. To punish the lawyer; days.
4. To set an example or warning for the other
members of the bar; G. Investigation by the Solicitor General.
5. To safeguard the administration of justice
from dishonest and incompetent lawyers; H. SC renders final decision on
6. To protect the public; disbarment/suspension/dismissal.
Reinstatement
- It is the restoration in disbarment
proceedings to a disbarred lawyer the
privilege to practice law.
should be developed constantly and defend, both in his/her behalf and in behalf
maintained firmly. To the legal profession is of the Court or judge whose order or
entrusted the protection of property, life, decision is at issue. xxx Respondents folly
honor and civil liberties. It is obvious, did not stop there. When complainant filed
therefore, that the ultimate power to grant for respondents inhibition, he hired his own
license for the practice of law belongs lawyer. Respondent judge should be
exclusively to this Court, and the law reminded that decisions of courts need not
passed by Congress on the matter is of only be just but must be perceived to be
permissive character, or as other just and completely free from suspicion or
authorities say, merely to fix the minimum doubt both in its fairness and integrity.
conditions for the license. Laws are (Macalintal v. Teh, 280 SCRA 623
unconstitutional on the following grounds: (1997)30)
first, because they are not within the
legislative powers of Congress to enact, or
Congress has exceeded its powers; second, CANON 2: QUICK REFERENCE
because they create or establish arbitrary
methods or forms that infringe
Canon 2. Integrity is essential not only to the
constitutional principles; and third, because
proper discharge of the judicial office but also
their purposes or effects violate the
to the personal demeanor of judges.
Constitution or its basic principles. As has
already been seen, the contested law
Sec. 1. Judges shall ensure that not
suffers from these fatal defects.
only is their conduct above reproach,
Summarizing, we are of the opinion and
but that it is perceived to be so in the
hereby declare that RA. 972 is
view of a reasonable observer.
unconstitutional and therefore, void, and
without any force or effect for the following
Sec. 2. The behavior and conduct of
reasons, to wit:
judges must reaffirm the people's faith
1. Because its declared purpose is to
in the integrity of the judiciary. Justice
admit 810 candidates who failed in the
must not merely be done but must also
bar examinations of 1946-1952, and
be seen to be done.
who, it admits, are certainly
inadequately prepared to practice law,
Sec. 3. Judges should take or initiate
as was exactly found by this Court in
appropriate disciplinary measures
the aforesaid years.
against lawyers or court personnel for
unprofessional conduct of which the
2. Because it is, in effect, a judgment
judge may have become aware.
revoking the resolution of this Court on
the petitions of these 810 candidates,
without having examined their
respective examination papers, and MEMORY AID FOR SECTIONS UNDER CANON
although it is admitted that this 2:
Tribunal may reconsider said resolution Conduct above reproach (Sec. 1)
at any time for justifiable reasons, only Reaffirm peoples faith (Sec. 2)
this Court and no other may revise and Disciplinary action (Sec. 3)
alter them. In attempting to do it
directly RA 972 violated the
Constitution. KNOW MORE:
3. By the disputed law, Congress has Re: Sec. 1 Conduct above reproach
exceeded its legislative power to The imputation of illicit sexual acts upon
repeal, alter and supplement the rules the incumbent judge must be proven by
on admission to the Bar. substantial evidence, which is the quantum
of proof required in administrative cases.
4. The reason advanced for the pretended (Alfonso v. Juanson)
classification of candidates, which the
law makes, is contrary to facts which Respondent judge was also at fault for his
are of general knowledge and does not shortness of temper and impatience,
justify the admission to the Bar of law contrary to the duties and restriction
students inadequately prepared. The imposed upon him by reason of his office.
pretended classification is arbitrary. It He failed to observe the proper decorum
is undoubtedly a class legislation. (IN expected of judicial officers. Judicial officers
RE: CUNANAN, 94 PHIL 534 are given contempt powers so that they
(1954)) can remind counsels of their duties in court
justice. Hence, in order to create such Grounds for Disqualification and Inhibition of
confidence, the people who run the Judges Under the Rules of Court
judiciary, particularly judges and justices,
must not only be proficient in both the I. Mandatory or Compulsory Disqualification
substantive and procedural aspects of the (Rule 131, ROC)
law, but more importantly, they must a. when he or his wife or his child is
possess the highest integrity, probity, and pecuniarily interested as heir, legatee,
unquestionable moral uprightness, both in creditor or otherwise;
their public and private lives. Only then can b. when he is related to either party
the people be reassured that the wheels of within the sixth degree of consanguinity
justice in this country run with fairness and or affinity or to counsel within the 4th
equity, thus creating confidence in the civil degree;
judicial system. (Talens-Dabon v. Arceo, c. when he has been an executor,
259 SCRA 354 (1996)) guardian, administrator, trustee or
counsel;
Re: Sec. 5 Disqualifications d. when he has presided in an inferior
It is clear from the reading of the law that court where his ruling or decision is
intimacy or friendship between a judge and subject to review.
an attorney of record of one of the parties
to a suit is no ground for disqualification. II. Voluntary Inhibition (1991, 199, 2005
To allow it would unnecessarily burden BAR EXAMS)
other trial judges to whom the cases would A judge may, in the exercise of his
be transferred. In fact, this is one rare sound discretion disqualify himself, for just
opportunity for Masadao to show that JBL and valid reasons other than those
Reyes did not err in recommending him for mentioned above. (Rule 137, Section 1)
his competence and known probity; that he This leaves the discretion to the
has conducted himself with the cold judge to decide for himself questions as to
impartiality of an impartial judge; that no whether he will desist from sitting in case
one can sway his judgment whoever he for other just and valid reasons with only
may be. his conscience to guide him, unless he
However, men of the Bench are not without cannot discern for himself his inability to
imperfections. A judge experiences the tug meet the test of the cold neutrality required
and pull of purely personal preferences and of him, in which event the appellate court
prejudices which he shares with the rest of will see to it that he disqualifies himself.
his fellow mortals. Especially for Filipinos A decision to disqualify himself is
whose sense of gratitude is one trait which not conclusive and his competency may be
invariably reigns supreme over any and all determined on application for mandamus to
considerations in matters upon which such compel him to act. Judges decision to
tender sentiment may somehow inexorably continue hearing a case in which he is not
impinge. The circumstances before Judge legally prohibited from trying
Masadao are not ordinary ones. Thus, this notwithstanding challenge to his objectivity
is one certain circumstance where a case may not constitute reversible error.
could well be heard by another judge and The filing of an administrative case
where a voluntary inhibition may prove to against a judge does not disqualify him
be the better course of action. Judge from hearing a case. The court has to be
Masadaos actuations are within par 2 sec 1 shown other than the filing of
rule 137. (Masado v. Elizaga, 155 SCRA administrative complaint, act or conduct of
72 (1987)31) judge indicative of arbitrariness or
prejudice before the latter being branded
A judge cannot sit in any case in which he as the stigma of being biased or partial.
was a counsel without the written consent (Lorenzo v. Marquez (1988))
of all parties. The rule is explicit that he
must secure the written consent of all DISQUALIFICATION INHIBITION
parties, not a mere verbal consent much Grounds Specific and exclusive No specific
less a tacit acquiescence. The written grounds BUT
consent must be signed by them and there is a
entered upon the record. (Lorenzo v. broad basis for
Marquez (1988)) such, i.e.,
good, sound
ethical
grounds
Role of Judicial officer has no The matter is
the discretion to sit or try left to the
judicial the case sound
officer discretion of
31
FACTS: On May 4, 1987, Judge Masadao rendered a decision the judge
finding the accused, Jaime Tadeo, guilty of estafa. Justice JBL
Reyes entered his appearance for the accused. Judge Masadao
issued an order inhibiting himself from further sitting in the
case on the ground that retired Justice Reyes has been among
those who had recommended him to the bench. A raffle was
conducted and the case was assigned to Judge Elizaga. Judge
Elizaga returned the records with a letter stating his refusal to
act and assailing the re-raffling of the case as uncalled for and
impractical.
Sec. 14. Judges shall not Sec. 6. Judges, like any other citizen,
knowingly permit court staff or others are entitled to freedom of expression,
subject to their influence, direction or belief, association and assembly, but
authority, to ask for, or accept, any gift, in exercising such rights, they shall
bequest, loan or favor in relation to always conduct themselves in such a
anything done or to be done or omitted manner as to preserve the dignity of
to be done in connection with their duties the judicial office and the impartiality
or functions. and independence of the judiciary.
Sec. 15. Subject to law and to any Sec. 7. Judges shall inform
legal requirements of public disclosure, themselves about their personal
judges may receive a token gift, award or fiduciary financial interests and shall
benefit as appropriate to the occasion on make reasonable efforts to be
which it is made provided that such gift, informed about the financial interests
award or benefit might not reasonably be of members of their family.
perceived as intended to influence the
judge in the performance of judicial Sec. 8. Judges shall not use or lend
duties or otherwise give rise to an the prestige of the judicial office to
appearance of partiality. advance their private interests, or
those of a member of their family or
of anyone else, nor shall they convey
or permit others to convey the
impression that anyone is in a special
position improperly to influence them
in the performance of judicial duties.
MEMORY AID FOR SECTIONS UNDER CANON Geotina v. Gonzales: A judge, sitting on a
4: case must at all times be fully free,
Avoidance of Impropriety (Sec. 1) disinterested, impartial and independent.
Acceptance of Personal Restrictions (Sec. Elementary due process requires a hearing
2) before an impartial and disinterested
Avoidance of Controversy (Sec. 3) tribunal. A judge has both the duties of
Not participate in cases where he may be rendering a just decision and of doing it in
impartial (Sec. 4) a manner completely free from suspicion as
Not allow the use of his residence by other to his fairness and as to his integrity.
lawyers (Sec. 5) Mater, Jr. v. Hon. Onofre Villaluz: Outside
Freedom of Expression (Sec. 6) of pecuniary interest, relationship or
Be informed of his financial interests (Sec. previous participation in the matter that
7) calls for adjudication, there may be other
Influence of Judicial Conduct (Sec. 8) causes that could conceivably erode trait of
Confidential Information (Sec. 9) objectivity, thus calling for inhibition. If
Engage in other activities (Sec. 10) such causes appear and prove difficult to
Practice of Profession (Sec. 11) resist, it is better for judge to disqualify
Form associations (Sec. 12) himself. That way, his reputation for
Gifts, Requests, Loans (Sec. 13) probity and objectivity is preserved; even
Gifts, Requests, Loans by staff (Sec. 14) more important, ideal of an administration
Permissible tokens and awards (Sec. 15) of justice is lived up to. (Umale v. Villaluz
(1973))
KNOW MORE:
32
FACTS: This is a motion for reconsideration filed by
respondent Judge Dizon praying that the resolution, finding him
guilty of rendering an erroneous decision, be reconsidered.
Dizon ruled that the state must first prove criminal intent to
find the accused, Lo Chi Fai, guilty of a violation of a Central
Bank Circular. He also ordered the return of the seized foreign
currency from the accused. This Court pointed out that in
offenses punished by special laws, proof of malice or deliberate
intent is not necessary. Respondent manifestly disregarded and
failed to apply this plain and fundamental basic principle.
Respondent admits that his decision is erroneous but pleads that
his mistaken judgment proceeded from good faith and not from
deliberate desire to pervert his position.
Sec. 3. Interpretation. - Unless the context of these Sec. 7. Notarial Act and Notarization. - "Notarial
Rules otherwise indicates, words in the singular Act" and "Notarization" refer to any act that a
include the plural, and words in the plural include notary public is empowered to perform under these
the singular. Rules.
(4) any place where a party to an instrument Sec. 3. Prohibited Fees. - No fee or compensation
or document requiring notarization is under of any kind, except those expressly prescribed and
detention. allowed herein, shall be collected or received for
b) A person shall not perform a notarial act if the any notarial service.
person involved as signatory to the instrument
or document - Sec. 4. Payment or Refund of Fees. - A notary
(1) is not in the notary's presence personally at public shall not require payment of any fees
the time of the notarization; and specified herein prior to the performance of a
(2) is not personally known to the notary public notarial act unless otherwise agreed upon.
or otherwise identified by the notary public Any travel fees and expenses paid to a notary
through competent evidence of identity as public prior to the performance of a notarial act are
defined by these Rules. not subject to refund if the notary public had
already traveled but failed to complete in whole or
Sec. 3. Disqualifications. - A notary public is in part the notarial act for reasons beyond his
disqualified from performing a notarial act if he: control and without negligence on his part.
(a) is a party to the instrument or document that is
to be notarized; Sec. 5. Notice of Fees. - A notary public who
(b) will receive, as a direct or indirect result, any charges a fee for notarial services shall issue a
commission, fee, advantage, right, title, receipt registered with the Bureau of Internal
interest, cash, property, or other consideration, Revenue and keep a journal of notarial fees. He
except as provided by these Rules and by law; shall enter in the journal all fees charged for
or services rendered.
(c) is a spouse, common-law partner, ancestor, A notary public shall post in a conspicuous place in
descendant, or relative by affinity or his office a complete schedule of chargeable
consanguinity of the principal within the fourth notarial fees.
civil degree.
RULE VI
Sec. 4. Refusal to Notarize. - A notary public shall NOTARIAL REGISTER
not perform any notarial act described in these
Rules for any person requesting such an act even if Sec. 1. Form of Notarial Register.
he tenders the appropriate fee specified by these (a) A notary public shall keep, maintain, protect
Rules if: and provide for lawful inspection as provided in
(a) the notary knows or has good reason to believe these Rules, a chronological official notarial
that the notarial act or transaction is unlawful register of notarial acts consisting of a
or immoral; permanently bound book with numbered pages.
(b) the signatory shows a demeanor which The register shall be kept in books to be
engenders in the mind of the notary public furnished by the Solicitor General to any notary
reasonable doubt as to the former's knowledge public upon request and upon payment of the
of the consequences of the transaction cost thereof. The register shall be duly paged,
requiring a notarial act; and and on the first page, the Solicitor General shall
(c) in the notary's judgment, the signatory is not certify the number of pages of which the book
acting of his or her own free will. consists.
For purposes of this provision, a Memorandum
Sec. 5. False or Incomplete Certificate. - A notary of Agreement or Understanding may be entered
public shall not: into by the Office of the Solicitor General and
(a) execute a certificate containing information the Office of the Court Administrator.
known or believed by the notary to be false. (b) A notary/ public shall keep only one active
(b) affix an official signature or seal on a notarial notarial register at any given time.
certificate that is incomplete.
Sec. 2. Entries in the Notarial Register.
Sec. 6. Improper Instruments or Documents. - A (a) For every notarial act, the notary shall record in
notary public shall not notarize: the notarial register at the time of notarization
(a) a blank or incomplete instrument or document; the following:
or (1) the entry number and page number;
(b) an instrument or document without appropriate (2) the date and time of day of the notarial
notarial certification. act;
(3) the type of notarial act;
RULE V (4) the title or description of the instrument,
FEES OF NOTARY PUBLIC document or proceeding;
(5) the name and address of each principal;
Sec. 1. Imposition and Waiver of Fees. - For (6) the competent evidence of identity as
performing a notarial act, a notary public may defined by these Rules if the signatory is
charge the maximum fee as prescribed by the not personally known to the notary;
Supreme Court unless he waives the fee in whole (7) the name and address of each credible
or in part. witness swearing to or affirming the
person's identity;
Sec. 2. Travel Fees and Expenses. - A notary public (8) the fee charged for the notarial act;
may charge travel fees and expenses separate and (9) the address where the notarization was
apart from the notarial fees prescribed in the performed if not in the notary's regular
preceding section when traveling to perform a place of work or business; and
notarial act if the notary public and the person (10) any other circumstance the notary
requesting the notarial act agree prior to the travel. public may deem of significance or
relevance.
(b) A notary public shall record in the notarial (2) the person affixes a signature and thumb
register the reasons and circumstances for not or other mark or other recognized
completing a notarial act. identifier, in the notarial .register in a
(c) A notary public shall record in the notarial separate, dated entry;
register the circumstances of any request to (3) the person specifies the month, year, type
inspect or copy an entry in the notarial register, of instrument or document, and name of
including the requester's name, address, the principal in the notarial act or acts
signature, thumb mark or other recognized sought; and
identifier, and evidence of identity. The reasons (4) the person is shown only the entry or
for refusal to allow inspection or copying of a entries specified by him.
journal entry shall also be recorded. (b) The notarial register may be examined by a law
(d) When the instrument or document is a enforcement officer in the course of an official
contract, the notary public shall keep an investigation or by virtue of a court order.
original copy thereof as part of his records and (c) If the notary public has a reasonable ground to
enter in said records a brief description of the believe that a person has a criminal intent or
substance thereof and shall give to each entry wrongful motive in requesting information from
a consecutive number, beginning with number the notarial register, the notary shall deny
one in each calendar year. He shall also retain access to any entry or entries therein.
a duplicate original copy for the Clerk of Court.
(e) The notary public shall give to each instrument Sec. 5. Loss, Destruction or Damage of Notarial
or document executed, sworn to, or Register.
acknowledged before him a number (a) In case the notarial register is stolen, lost,
corresponding to the one in his register, and destroyed, damaged, or otherwise rendered
shall also state on the instrument or document unusable or illegible as a record of notarial
the page/s of his register on which the same is acts, the notary public shall, within ten (10)
recorded. No blank line shall be left between days after informing the appropriate law
entries. enforcement agency in the case of theft or
(f) In case of a protest of any draft, bill of vandalism, notify the Executive Judge by any
exchange or promissory note, the notary public means providing a proper receipt or
shall make a full and true record of all acknowledgment, including registered mail and
proceedings in relation thereto and shall note also provide a copy or number of any pertinent
therein whether the demand for the sum of police report.
money was made, by whom, when, and where; (b) Upon revocation or expiration of a notarial
whether he presented such draft, bill or note; commission, or death of the notary public, the
whether notices were given, to whom and in notarial register and notarial records shall
what manner; where the same was made, immediately be delivered to the office of the
when and to whom and where directed; and of Executive Judge.
every other fact touching the same.
(g) At the end of each week, the notary public shall Sec. 6. Issuance of Certified True Copies. - The
certify in his notarial register the number of notary public shall supply a certified true copy of
instruments or documents executed, sworn to, the notarial record, or any part thereof, to any
acknowledged, or protested before him; or if person applying for such copy upon payment of the
none, this certificate shall show this fact. legal fees.
(h) A certified copy of each month's entries and a
duplicate original copy of any instrument RULE VII
acknowledged before the notary public shall, SIGNATURE AND SEAL OF NOTARY PUBLIC
within the first ten (10) days of the month
following, be forwarded to the Clerk of Court Sec. 1. Official Signature. - In notarizing a paper
and shall be under the responsibility of such instrument or document, a notary public shall:
officer. If there is no entry to certify for the (a) sign by hand on the notarial certificate only the
month, the notary shall forward a statement to name indicated and as appearing on the
this effect in lieu of certified copies herein notary's commission;
required. (b) not sign using a facsimile stamp or printing
device; and
Sec. 3. Signatures and Thumbmarks. - At the time (c) affix his official signature only at the time the
of notarization, the notary's notarial register shall notarial act is performed.
be signed or a thumb or other mark affixed by
each: Sec. 2. Official Seal.
(a) principal; (a) Every person commissioned as notary public
(b) credible witness swearing or affirming to the shall have a seal of office, to be procured at his
identity of a principal; and own expense, which shall not be possessed or
(c) witness to a signature by thumb or other mark, owned by any other person. It shall be of
or to a signing by the notary public on behalf of metal, circular in shape, two inches in
a person physically unable to sign. diameter, and shall have the name of the city
or province and the word "Philippines" and his
Sec. 4. Inspection, Copying and Disposal. own name on the margin and the roll of
(a) In the notary's presence, any person may attorney's number on the face thereof, with the
inspect an entry in the notarial register, during words "notary public" across the center. A
regular business hours, provided; mark, image or impression of such seal shall be
(1) the person's identity is personally known to made directly on the paper or parchment on
the notary public or proven through which the writing appears.
competent evidence of identity as defined (b) The official seal shall be affixed only at the time
in these Rules; the notarial act is performed and shall be
CHANGES OF STATUS OF NOTARY PUBLIC (8) fails to identify a principal on the basis of
personal knowledge or competent
Sec. 1. Change of Name and Address. evidence;
Within ten (10) days after the change of name of (9) executes a false or incomplete certificate
the notary public by court order or by marriage, or under Section 5, Rule IV;
after ceasing to maintain the regular place of work (10) knowingly performs or fails to
or business, the notary public shall submit a signed perform any other act prohibited or
and dated notice of such fact to the Executive mandated by these Rules; and
Judge. (11) commits any other dereliction or
The notary public shall not notarize until: act which in the judgment of the Executive
(a) he receives from the Executive Judge a Judge constitutes good cause for revocation
confirmation of the new name of the notary of commission or imposition of
public and/or change of regular place of work administrative sanction.
or business; and (c) Upon verified complaint by an interested,
(b) a new seal bearing the new name has been affected or aggrieved person, the notary public
obtained. shall be required to file a verified answer to the
The foregoing notwithstanding, until the complaint.
aforementioned steps have been completed, the If the answer of the notary public is not
notary public may continue to use the former name satisfactory, the Executive Judge shall conduct
or regular place of work or business in performing a summary hearing. If the allegations of the
notarial acts for three (3) months from the date of complaint are not proven, the complaint shall
the change, which may be extended once for valid be dismissed. If the charges are duly
and just cause by the Executive Judge for another established, the Executive Judge shall impose
period not exceeding three (3) months. the appropriate administrative sanctions. In
either case, the aggrieved party may appeal
Sec. 2. Resignation. - A notary public may resign the decision to the Supreme Court for review.
his commission by personally submitting a written, Pending the appeal, an order imposing
dated and signed formal notice to the Executive disciplinary sanctions shall be immediately
Judge together with his notarial seal, notarial executory, unless otherwise ordered by the
register and records. Effective from the date Supreme Court.
indicated in the notice, he shall immediately cease (d) The Executive Judge may motu proprio
to perform notarial acts. In the event of his initiate administrative proceedings against a
incapacity to personally appear, the submission of notary public, subject to the procedures
the notice may be performed by his duly authorized prescribed in paragraph (c) above and
representative. impose the appropriate administrative
sanctions on the grounds mentioned in the
Sec. 3. Publication of Resignation. - The Executive preceding paragraphs (a) and (b).
Judge shall immediately order the Clerk of Court to
post in a conspicuous place in the offices of the Sec. 2. Supervision and Monitoring of Notaries
Executive Judge and of the Clerk of Court the Public. - The Executive Judge shall at all times
names of notaries public who have resigned their exercise supervision over notaries public and shall
notarial commissions and the effective dates of closely monitor their activities.
their resignation.
Sec. 3. Publication of Revocations and
RULE XI Administrative Sanctions. - The Executive Judge
REVOCATION OF COMMISSION AND DISCIPLINARY shall immediately order the Clerk of Court to post
SANCTIONS in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the
Sec. 1. Revocation and Administrative Sanctions. names of notaries public who have been
(a) The Executive Judge shall revoke a notarial administratively sanctioned or whose notarial
commission for any ground on which an commissions have been revoked.
application for a commission may be denied.
(b) In addition, the Executive Judge may revoke Sec. 4. Death of Notary Public. - If a notary public
the commission of, or impose appropriate dies before fulfilling the obligations in Section 4(e),
administrative sanctions upon, any notary Rule VI and Section 2(e), Rule VII, the Executive
public who: Judge, upon being notified of such death, shall
(1) fails to keep a notarial register; forthwith cause compliance with the provisions of
(2) fails to make the proper entry or entries in these sections.
his notarial register concerning his notarial
acts; RULE XII
(3) fails to send the copy of the entries to the SPECIAL PROVISIONS
Executive Judge within the first ten (10)
days of the month following; Sec. 1. Punishable Acts. - The Executive Judge
(4) fails to affix to acknowledgments the date shall cause the prosecution of any person who:
of expiration of his commission; (a) knowingly acts or otherwise impersonates a
(5) fails to submit his notarial register, when notary public;
filled, to the Executive Judge; (b) knowingly obtains, conceals, defaces, or
(6) fails to make his report, within a destroys the seal, notarial register, or official
reasonable time, to the Executive Judge records of a notary public; and
concerning the performance of his duties, (c) knowingly solicits, coerces, or in any way
as may be required by the judge; influences a notary public to commit official
(7) fails to require the presence of a principal misconduct.
at the time of the notarial act;
Sec. 2. Reports to the Supreme Court. - The (c) At least five (5) hours shall be devoted to
Executive Judge concerned shall submit semestral alternative dispute resolution.
reports to the Supreme Court on discipline and (d) At least nine (9) hours shall be devoted to
prosecution of notaries public. updates on substantive and procedural laws,
and jurisprudence.
RULE XIII (e) At least four (4) hours shall be devoted to legal
REPEALING AND EFFECTIVITY PROVISIONS writing and oral advocacy.
(f) At least two (2) hours shall be devoted to
Sec. 1. Repeal. - All rules and parts of rules, international law and international conventions.
including issuances of the Supreme Court (g) The remaining six (6) hours shall be devoted to
inconsistent herewith, are hereby repealed or such subjects as may be prescribed by the
accordingly modified. MCLE Committee.
Considering the Rules on Mandatory Continuing Sec. 4. Compliance Group 3. Members in Visayas
Legal Education (MCLE) for members of the and Mindanao shall be permanently assigned to
Integrated Bar of the Philippines (IBP), Compliance Group 3.
recommended by the IBP, endorsed by the
Philippine Judicial Academy, and reviewed and Sec. 5. Compliance period for members admitted or
passed upon by the Supreme Court Committee on readmitted after establishment of the program.
Legal Education, the Court hereby resolves to Members admitted or readmitted to the Bar after
adopt, as it hereby adopts, the following rules for the establishment of the program shall be
proper implementation: permanently assigned to the appropriate
Compliance Group based on their Chapter
RULE 1 membership on the date of admission or
PURPOSE readmission.
The initial compliance period after admission or
Sec. 1. Purpose of the MCLE. Continuing legal readmission shall begin on the first day of the
education is required of members of the Integrated month of admission or readmission and shall end
Bar of the Philippines (IBP) to ensure that on the same day as that of all other members in
throughout their career, they keep abreast with law the same Compliance Group.
and jurisprudence, maintain the ethics of the (a) Where four (4) months or less remain of the
profession and enhance the standards of the initial compliance period after admission or
practice of law. readmission, the member is not required to
comply with the program requirement for the
RULE 2 initial compliance.
MANDATORY CONTINUING LEGAL EDUCATION (b) Where more than four (4) months remain of
the initial compliance period after admission or
Sec. 1. Constitution of the MCLE Committee. Within readmission, the member shall be required to
two (2) months from the approval of these Rules complete a number of hours of approved
by the Supreme Court En Banc, the MCLE continuing legal education activities equal to
Committee shall be constituted in accordance with the number of months remaining in the
these Rules. compliance period in which the member is
admitted or readmitted. Such member shall be
Sec. 2. Requirements of completion of MCLE. required to complete a number of hours of
Members of the IBP not exempt under Rule 7 shall education in legal ethics in proportion to the
complete, every three (3) years, at least thirty-six number of months remaining in the compliance
(36) hours of continuing legal education activities period. Fractions of hours shall be rounded up
approved by the MCLE Committee. Of the 36 to the next whole number.
hours:
(a) At least six (6) hours shall be devoted to legal RULE 4
ethics. COMPUTATION OF CREDIT UNITS
(b) At least (4) hours shall be devoted to trial and
pretrial skills.
Sec. 1. Guidelines The following are the guidelines Sec. 3. Claim for non-participatory credit Non-
for computation of credit units (CU): participatory credit may be claimed per compliance
PROGRAMS; CREDIT UNITS; SUPPORTING period for:
DOCUMENTS (a) Preparing, as an author or co-author, written
1. SEMINARS, CONVENTIONS, CONFERENCES, materials published or accepted for publication,
SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS, e.g., in the form of an article, chapter, book, or
WORKSHOPS, DIALOGUES, ROUND TABLE book review which contribute to the legal
DISCUSSIONS BY APPROVED PROVIDERS education of the author member, which were
UNDER RULE 7 AND OTHER RELATED RULES not prepared in the ordinary course of the
PARTICIPANT 1 CU PER HOUR CERTIFICATE member's practice or employment.
OF ATTENDANCE WITH NUMBER OF HOURS (b) Editing a law book, law journal or legal
1.2 LECTURER 5 CU PER HOUR newsletter.
PHOTOCOPY OF PLAQUE OR SPONSOR'S
CERTIFICATION RULE 6
RESOURCE 3 CU PER HOUR PHOTOCOPY COMPUTATION OF CREDIT HOURS
OF PLAQUE OR SPONSOR'S SPEAKER
CERTIFICATION Sec. 1. Computation of credit hours. Credit hours
ASSIGNED 2 CU PER HOUR CERTIFICATION are computed based on actual time spent in an
FROM SPONSORING PENALIST/ activity (actual instruction or speaking time), in
ORGANIZATION REACTOR/COMMENTATOR hours to the nearest one-quarter hour.
MODERATOR/ 2 CU PER HOUR
CERTIFICATION FROM SPONSORING RULE 7
COORDINATOR/ ORGANIZATION EXEMPTIONS
FACILITATOR
2. AUTHORSHIP, EDITING AND REVIEW Sec. 1. Parties exempted from the MCLE. The
RESEARCH/ 5-10 CREDIT UNITS following members of the Bar are exempt from the
DULY CERTIFIED/PUBLISHED INNOVATIVE MCLE requirement:
TECHNICAL REPORT/PAPER (a) The President and the Vice President of the
PROGRAM/CREATIVE PROJECT Philippines, and the Secretaries and
BOOK 50-100 PP 101+ PUBLISHED Undersecretaries of Executives Departments;
BOOK SINGLE AUTHOR 12-16 CU 17-20 CU (b) Senators and Members of the House of
2 AUTHORS 10-12 CU 13-16 CU Representatives;
3 OR MORE 5-6 CU 7-11 CU (c) The Chief Justice and Associate Justices of the
BOOK EDITOR 1/2 OF THE CU OF Supreme Court, incumbent and retired
PUBLISHED BOOK WITH PROOF members of the judiciary, incumbent members
AUTHORSHIP AS EDITOR CATEGORY of the Judicial and Bar Council, incumbent
LEGAL ARTICLE 5-10 PP 11+ members of the Mandatory Continuing Legal
PUBLISHED ARTICLE SINGLE AUTHOR 6 CU Education Committee, incumbent court lawyers
8 CU who have availed of the Philippine Judicial
2 AUTHORS 4 CU 6 CU Academy program of continuing judicial
3 OR MORE 2 CU 4 CU education; (as amended by July 14, 2004
LEGAL 3-6 CU PER ISSUE Resolution of the SC en banc)
PUBLISHED NEWSLETTER/JOURNAL (d) The Chief State Counsel, Chief State Prosecutor
NEWSLETTER/LAW JOURNAL EDITOR and Assistant Secretaries of the Department of
3. PROFESSIONAL 6 CU PER CHAIR Justice;
CERTIFICATION OF LAW DEAN CHAIR/BAR 1 (e) The Solicitor General and the Assistant Solicitor
CU PER LECTURE OR BAR REVIEW DIRECTOR General;
REVIEW/ HOUR LECTURE/LAW TEACHING (f) The Government Corporate Counsel, Deputy
and Assistant Government Corporate Counsel;
Sec. 2. Limitation on certain credit units. In (g) The Chairmen and Members of the
numbers 2 and 3 of the guidelines in the preceding Constitutional Commissions;
Section, the total maximum credit units shall not (h) The Ombudsman, the Overall Deputy
exceed twenty (20) hours per three (3) years. Ombudsman, the Deputy Ombudsmen and the
Special Prosecutor of the Office of the
RULE 5 Ombudsman;
CATEGORIES OF CREDIT (i) Heads of government agencies exercising
quasi-judicial functions;
Sec. 1. Classes of credits The credits are either (j) Incumbent deans, bar reviews and professors
participatory or non-participatory. of law who have teaching experience for at
least 10 years accredited law schools;
Sec. 2. Claim for participatory credit. Participatory (k) The Chancellor, Vice-Chancellor and members
credit may be claimed for: of the Corps of Professors and Professorial
(a) Attending approved education activities like Lectures of the Philippine Judicial Academy;
seminars, conferences, symposia, in-house and
education programs, workshops, dialogues or (l) Governors and Mayors.
round table discussions.
(b) Speaking or lecturing, or acting as assigned Sec. 2. Other parties exempted from the MCLE. The
panelist, reactor, commentator, resource following Members of the Bar are likewise exempt:
speaker, moderator, coordinator or facilitator in (a) Those who are not in law practice, private or
approved education activities. public.
(c) Teaching in a law school or lecturing in a bar (b) Those who have retired from law practice with
review class. the approval of the IBP Board of Governors.
Sec. 3. Good cause for exemption from or (b) Contain all information requested on the form;
modification of requirement. A member may file a (c) Be accompanied by the approval fee;
verified request setting forth good cause for
exemption (such as physical disability, illness, post Sec. 3. Requirements of all providers. All approved
graduate study abroad, proven expertise in law, providers shall agree to the following:
etc.) from compliance with or modification of any of (a) An official record verifying the attendance at
the requirements, including an extension of time the activity shall be maintained by the provider
for compliance, in accordance with a procedure to for at least four (4) years after the completion
be established by the MCLE Committee. date. The provider shall include the member on
the official record of attendance only if the
Sec. 4. Change of status. The compliance period member's signature was obtained at the time
shall begin on the first day of the month in which a of attendance at the activity. The official record
member ceases to be exempt under Sections 1, 2, of attendance shall contain the member's name
or 3 of this Rule and shall end on the same day as and number in the Roll of Attorneys and shall
that of all other members in the same Compliance identify the time, date, location, subject
Group. matter, and length of the education activity. A
copy of such record shall be furnished the IBP.
Sec. 5. Proof of exemption. Applications for (b) The provider shall certify that:
exemption from or modification of the MCLE (1) This activity has been approved for MCLE
requirement shall be under oath and supported by by the IBP in the amount of ________
documents. hours of which hours will apply in (legal
ethics, etc.), as appropriate to the content
RULE 8 of the activity;
STANDARDS FOR APPROVAL OF EDUCATION (2) The activity conforms to the standards for
ACTIVITIES approved education activities prescribed by
these Rules and such regulations as may be
Sec. 1. Approval of MCLE program. Subject to the prescribed by the IBP pertaining to MCLE.
rules as may be adopted by the MCLE Committee, (c) The provider shall issue a record or certificate
continuing legal education program may be granted to all participants identifying the time, date,
approval in either of two (2) ways: (1) the provider location, subject matter and length of the
of the activity is an approved provider and certifies activity.
that the activity meets the criteria of Section 3 of (d) The provider shall allow in-person observation
this Rules; and (2) the provider is specially of all approved continuing legal education
mandated by law to provide continuing legal activities by members of the IBP Board of
education. Governors, the MCLE Committee, or designees
of the Committee and IBP staff for purposes of
Sec. 2. Standards for all education activities. All monitoring compliance with these Rules.
continuing legal education activities must meet the (e) The provider shall indicate in promotional
following standards: materials, the nature of the activity, the time
(a) The activity shall have significant current devoted to each devoted to each topic and
intellectual or practical content. identify of the instructors. The provider shall
(b) The activity shall constitute an organized make available to each participant a copy of
program of learning related to legal subjects IBP-approved Education Activity Evaluation
and the legal profession, including cross Form.
profession activities (e.g., accounting-tax or (f) The provider shall maintain the completed
medical-legal) that enhance legal skills or the Education Activity Evaluation Forms for a
ability to practice law, as well as subjects in period of not less than one (1) year after the
legal writing and oral advocacy. activity, copy furnished the IBP.
(c) The activity shall be conducted by a provider (g) Any person or group who conducts an
with adequate professional experience. unauthorized activity under this program or
(d) Where the activity is more than one (1) hour in issues a spurious certificate in violation of these
length, substantive written materials must be Rules shall be subject to appropriate sanctions.
distributed to all participants. Such materials
must be distributed at or before the time the Sec. 4. Renewal of provider approval. The approval
activity is offered. of a provider may be renewed every two (2) years.
(e) In-house education activities must be It may be denied if the provider fails to comply
scheduled at a time and location so as to be with any of the requirements of these Rules or fails
free from interruption like telephone calls and to provide satisfactory education activities for the
other distractions. preceding period.
transmitted to the Commissioner of the Budget not have pending cases in any fiscal office, court, or
later than November 30 each year for inclusion in quasi-judicial body or administrative tribunal.
the annual General Appropriations Act. The
necessary sum is hereby authorized to be Sec. 5. The Department of Justice shall prescribe
appropriated out of the funds in the National such rules and regulations as may be necessary to
Treasury not otherwise appropriated. carry out the purposes of this Act, and the
Department Head concerned shall provide the
Sec. 4. This Act shall take effect upon its approval. necessary supplies and authorize the use of
government equipment by the stenographers
Approved: August 4, 1969 concerned.
whose income does not exceed P300 per month or When a defendant appears in court solely
whose income even in excess of P300 is insufficient for the purpose of objecting to the
for the subsistence of his family, which fact shall be jurisdiction of the court over his person. The
determined by the Judge in whose court the case is aim is simply the dismissal of the case on the
pending, taking into account the number of the ground of lack of jurisdiction. If the
members of his family dependent upon him for defendant seeks other reliefs, the
subsistence. appearance, even if qualified by the word
special, is equivalent to a general
Sec. 2. Repealing Clause. All laws and decrees appearance.
inconsistent with this Decree are hereby repealed.
ATTORNEY AD HOC
Section 3. Effectivity. This Decree shall take effect A person named appointed by the court to
immediately. defend an absentee defendant in the suit in which
the appointment is made.
DONE in the City of Manila, this 21st day of August,
in the year of Our Lord, nineteen hundred and ATTORNEY-AT-LAW
seventy-four. That class of persons who are licensed
officers of the courts empowered to appear,
prosecute and defend, and upon whom peculiar
duties, responsibilities and liabilities are developed
GLOSSARY OF TERMS by law as a consequence.
violates the fiduciary relationship between the shown by the certificate of the clerk of court of the
lawyer and his client. (Bautista vs. Gonzales, 182 trial court, a defendant is
SCRA 151, 1990) (1990, 2000 BAR EXAMS) (a) confined in prison
(b) without means to employ an attorney
CHAMPERTY (c) desires to be defended de oficio
A bargain by a stranger (the lawyer) with
a party to a suit (the client) by which such third COURT
person undertakes to carry on the litigation at his A board or other tribunal which decides a
own expense and risk, in consideration of receiving, litigation or contest
if successful, a part of the proceeds or subject
sought to be recovered. DE FACTO JUDGE
An officer who is not fully invested with all
CHARGING LIEN the powers and duties conceded to judges, but
It is an equitable right to have the fees and exercising the office of a judge under some color of
lawful disbursements due a lawyer for his services right
in a suit secured to him out of the judgment for the
payment of money and execution issued in DE JURE JUDGE
pursuance thereof in the particular suit. (1994 One who is exercising the office of a judge
BAR EXAMS) as a matter of right; an officer of a court who has
been duly and legally appointed
CLIENT
One who engages the services of a lawyer DILIGENCE
for legal advice or for purposes of prosecuting or It is the attention and care required of a
defending a suit in his behalf and usually for a fee. person in a given situation and is the opposite of
negligence (Edquibal vs. Ferrer, 450 SCRA
COMPETENCE 406)
Sufficiency of lawyers qualifications to deal
with the matter in question and includes knowledge DIRECT CONTEMPT
and skill and the ability to use them effectively in Consists of misbehavior in the presence of
the interest of the client. or near a court or judge as to interrupt or obstruct
the proceedings before the court or the
CONFIDENTIAL COMMUNICATION administration of justice.
Refers to information transmitted by
voluntary act of disclosure between attorney and DISBARMENT
client in confidence and by means which so far as It is the act of the Philippine Supreme
the client is aware, discloses the information to no Court in withdrawing from an attorney the right to
third person other than one reasonably necessary practice law. The name of the lawyer is stricken out
for the transmission of the information or the from the roll of attorneys.
accomplishment of the purpose for which it was
given. DISHONEST ACT
It is an act of lying or cheating (Agpalo)
CONTINGENT FEE
Fee that is conditioned on the securing of a EXECUTIVE JUDGE
favorable judgment and recovery of money or Refers to the Executive Judge of the
property and the amount of which may be on a Regional Trial Court of a city or province who issues
percentage basis a notarial commission. (2004 Rules on Notarial
Practice)
CONTINGENT FEE CONTRACT
It is an agreement in which the lawyers FIDUCIARY DUTY
fee, usually a fixed percentage of what may be The principle that an attorney derives no
recovered in the action, is made to depend upon undue advantage that may operate to the prejudice
the success in the effort to enforce or defend the or cause an occasion for loss of a client.
clients right. It is a valid agreement. It is different
from a champertous contract in that the lawyer FIXED OR ABSOLUTE FEE
does not undertake to shoulder the expenses of the Payable regardless of the result of the case.
litigation. (1990, 2000, 2002 BAR EXAMS)
FORUM SHOPPING
COUNSEL/ATTORNEY DE OFICIO The act of filing repetitious suits in different
An attorney appointed by the court to courts. It is committed through the following:
defend an indigent defendant in a criminal action. 1) Going from one court to another in the
hope of securing a favorable relief in one
In a criminal action, if the defendant court, which another court has denied.
appears without an attorney, he must be informed 2) Filing repetitious suits or proceedings in
by the court that it is his right to have an attorney different courts concerning the same
before being arraigned and must be asked if he subject matter after one court has decided
desires the aid of an attorney. If he desires and is the suit with finality.
unable to employ an attorney, the court must 3) Filing a similar case in a judicial court after
assign a counsel de oficio to defend him. He is also receiving an unfavorable judgment from an
designated as counsel of indigent litigants. The administrative tribunal.
appointment of a counsel de oficio in that instance (1991, 1997, 1998, 2002 BAR EXAMS)
is a matter of right on the part of the defendant.
GOOD MORAL CHARACTER
On appeal in a criminal case, the appellate It is the absence of a proven conduct or act
court must also appoint a counsel de oficio if, as which has been historically and traditionally
a) GENERAL RETAINER
Fee paid to a lawyer to secure his future
services as general counsel for any ordinary
legal problem that may arise in the routinary
business of the client and referred to him for
legal action. This could be paid monthly or
annually, depending on lawyer-client
arrangement. This is considered as
compensation for lost opportunity.
b)SPECIAL RETAINER
Fee which client will pay to his lawyer for a
specific matter (case/service), possibly in
addition to a general retainer.
RETAINING LIEN
A right merely to retain the funds,
documents, and papers as against the client until
the attorney is fully paid his fees and to apply such
funds to the satisfaction. (1995, 2000 BAR
EXAMS)
SUSPENSION
A form of disciplinary measure which
consists of a temporary withholding of a lawyers
right to practice his profession as a lawyer for a
certain period or for an indefinite period of time.
a) DEFINITE