CANON 12: QUICK REFERENCE

Canon 12. A lawyer shall exert every effort and

consider it his duty to assist in the speedy and
efficient administration of justice.

Rule 12.01. A lawyer shall not appear for
trial unless he has adequately prepared
himself on the law and the facts of his
case, the evidence he will adduce and the
order of its proferrence. He should also
be ready with the original documents for
comparison with the copies.


Rule 12.02. A lawyer shall not file
multiple actions arising from the same
cause.

Rule 12.03. A lawyer shall not, after
obtaining extensions of time to file
pleadings, memoranda or briefs, let the
period lapse without submitting to the
same or offering an explanation for his
failure to do so.

Rule 12.04. A lawyer shall not unduly
delay a case, impede the execution of a
judgment or misuse court processes.

Rule 12.05 A lawyer shall refrain from
talking to his witness during the break or
recess in the trial, while the witness is
still under examination.

Rule 12.06 A lawyer shall not
knowingly assist a witness to
misrepresent himself or to impersonate
another.


MEMORY AID FOR RULES UNDER CANON 12:
o Adequate Preparation (Rule 12.01)
o Forum Shopping (Rule 12.02) o
Not to Delay Case (Rule 12.03) o
Court Process (Rule 12.04)
o Proper Behavior (Rule 12.05-12.07)
o Not to Testify on Behalf of Client (Rule 12.08)


KNOW MORE:

CONST. art III, sec 6. All persons shall have
the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies.

Rule 138 Sec 20(g). Duties of attorneys. It is
the duty of an attorney: (g) Not to encourage
either the commencement or the continuance
of an action or proceeding, or delay any mans
cause, from any corrupt motive or interest.

Notes from Agpalo:

o The first duty of a lawyer is not to his client
but the administration of justice. As an
officer of the Court, it is the duty of the
lawyer to advance the Courts objective of
having a speedy, efficient, impartial,
correct, and inexpensive adjudication of

case and the prompt satisfaction of final
judgments.

o The duty to assist in the administration of
justice may be performed by doing no act
that obstructs, perverts, or impedes the
administration of justice and by faithfully
complying with all his duties to the court
and to his client. Examples of the former
would include the duty to inform the court
of any change of his address or of the
death of his client.

o Acts that amount to obstruction of the
administration of justice may take many
forms. They include such acts as instructing
a complaining witness in a criminal case not
to appear at the scheduled hearing so that
the case against his client, the accused,
would be dismissed

o Ordinarily, obstruction of justice constitutes
contempt of court, and citing the
misbehaving lawyer for contempt and
punishing him for such misbehavior may be
sufficient to accomplish the end desired.
However, the misbehavior may be of such
character as to effect the offenders
qualifications as a lawyer for the practice of
law. In such case, he may be disciplined as
a lawyer for such misconduct.


I. Rule 12.01. A lawyer shall not appear for trial
unless he has adequately prepared himself on the
law and the facts of his case, the evidence he will
adduce

A lawyer shall not handle any legal matter
without adequate preparation. (Rule 18.02)

Without adequate preparation, the lawyer may
not be able to effectively assist the court in the
efficient administration of justice. Non-
observance of this rule might result in:
1) The postponement of the pre-trial or
hearing, which would thus entail delay in
the early disposition of the case,
2) The judge may consider the client non-
suited or in default or
3) The judge may consider the case deemed
submitted for decision without clients
evidence, to his prejudice. (Agpalo)

II. Rule 12.02. A lawyer shall not file multiple
actions arising from the same cause

The plaintiff or principal party shall certify
under oath in the complaining or other
initiatory pleading asserting a claim for relief,
or in a sworn certification annexed thereto and
simultaneously filed therewith:
a) that he has not theretofore commenced
any action or filed any claim involving
the same issues in any court, tribunal
or quasi-judicial agency and, to the
best of his knowledge, no such other
action or claim is pending therein;
b) if there is such other pending action or
claim, a complete statement of the
present status thereof; and
c) if he should thereafter learn that the
same or similar action or claim has
been filed or is pending, he shall report

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that fact within 5 days therefrom to the
court wherein his aforesaid complaint
or initiatory pleading has been filed.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other
initiatory pleading but shall cause for the
dismissal of the case without prejudice,
unless otherwise provided, upon motion
after hearing. The submission of false
certification or non-compliance with any of
the undertaking therein shall constitute
indirect contempt of court, without
prejudice to the corresponding
administrative and criminal actions. If the
acts of the party or his counsel clearly
constitute willful and deliberate forum
shopping, the same shall be ground for
summary dismissal with prejudice and shall
constitute direct contempt, as well as a
cause for administrative sanctions. (ROC,
Rule 7, Sec. 5)

Rule 12.02 stresses the affirmative duty of a
lawyer to check against useless litigations. His
signature in every pleading constitutes a
certificate by him that to the best of his
knowledge there is a good ground to support it
and that it is not to interpose for delay. The
willful violation of this rule may subject him to
(1) appropriate disciplinary action or (2) render
him liable for the costs of litigation. (Agpalo)

Forum shopping is prohibited by Supreme
Court Circular No. 28-91 --ANNEXED, which
is now integrated in the Rules of Civil
Procedure.


III. Rule 12.03. A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda or
briefs, let the period lapse without submitting to
the same or offering an explanation for his failure
to do so.

Where a lawyers motion for extension of time
to file a pleading, memorandum or brief has
remained unacted by the court, the least that is
expected of him is to file it within the period
asked for (Agpalo)

IV. Rule 12.04. A lawyer shall not unduly delay a
case, impede the execution of a judgment or
misuse court processes.

Notes from Agpalo

o While a client may withhold from his
counsel certain facts or give him false
information to attain his unlawful ends, a
lawyer can easily see through the clients
action either before or at the early stage of
the litigation

o If after his appearance a lawyer discovers
that his client has no case, he may not
unceremoniously abandon the action. He
should advise his client to discontinue the
action or to confess judgment, and if the
client is determined to pursue it he should
ask that he be relieved from professional
responsibility
LEGAL ETHICS

o If a lawyer is honestly convinced of the
futility of an appeal in a civil suit he should
not hesitate to temper his clients desire to
seek appellate review of such decision for
unless, he could show sufficient cause for
reversal, he would only succeed in planting
false hope in his clients mind, increasing
the burden on appellate tribunals,
prolonging litigation unnecessarily and
exposing his client to useless expenses.

o Nonetheless a lawyer should not, solely on
his own judgment, let the decision become
final by letting the period to appeal lapse,
without informing his client of the adverse
decision and of his candid advice in taking
appellate review thereof, well within the
period to appeal, so that the client may
decide whether to pursue appellate review.

In expropriation proceedings by the NAPOCOR
against several lot owners in Bulacan, the
president of an organization of the lot owners
entered into a contract for legal services with
Atty. Principe. The complainant Malonso, a
member of the same organization, appointed
on the other hand a certain Elfa as his
attorney-in-fact on the matter of negotiation
with NPC. Eventually, an amicable settlement
was had between NAPOCOR and the lot
owners. More than two years after the
expropriation cases were instituted, Atty.
Principe filed his motion to separate legal fees
and filed his Notice of Entry of Appearance
claiming that he is the legal counsel of the lot
owners. The other lot owners including Malonso
wrote a letter to NPC informing the latter that
they have never authorized Sandamas
President to hire the services of Atty. Principes
law firm to represent them. Atty. Principe filed
several motions to ensure his claim to the 40%
of the selling price of the properties being
expropriated. An investigation conducted by
the IBP recommended Atty. Principes
suspension from the practice of law for two
years on the ground that Atty. Principe had
violated among others Rule 12.04 which says
that a lawyer shall not unduly delay a case,
impede the execution of a judgment or misuse
Court processes. In its Resolution, the IBP
Board ordained his suspension from the
practice of law for 2 years. The SC however
found that formal requisites of the investigation
and resolution had not been complied with and
dismissed the case requiring the IBP to comply
with the procedure outlined in Rule 139-B in all
cases involving disbarment and discipline of
attorneys. (Malonzo v. Prinsipe, 447 SCRA 1
(2004))


V VII.
Rule 12.05 A lawyer shall refrain from talking to
his witness during the break or recess in the trial,
while the witness is still under examination.

Rule 12.06 A lawyer shall not knowingly assist a
witness to misrepresent himself or to impersonate
another.

Rule 12.07 A lawyer shall not abuse, browbeat or
harass a witness nor needlessly inconvenience him.



1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 22 of
74
LEGAL ETHICS

Rule 132, sec. 3. Rights and obligations of a
witness. A witness must answer questions,
although his answer may tend to establish a
claim against him. However, it is the right of a
witness:
o To be protected from irrelevant, improper,
or insulting questions, and from harsh or
insulting demeanor;
o Not to be detained longer than the interests
of justice require;
o Not to be examined except only as to
matters pertinent to the issue;
o Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law; or
o Not to give an answer which will tend to
degrade his reputation, unless it be to the
very fact at issue or to a fact from which
the fact in issue would be presumed. But a
witness must answer to the fact of his
previous conviction for an offense.

P.D. No. 1829 Penalizing the obstruction
of apprehension and prosecution of
criminal offenders (1981)ANNEXED

Notes from Agpalo:

Rule 12.05. The purpose of this rule is to
avoid any suspicion that he is coaching the
witness what to say during the resumption
of the examination
Rule 12.06. A lawyer may interview
witnesses in advance of trial or attend to
their needs if they are poor but he should
avoid any such action as may be
misinterpreted as an attempt to influence
the witness what to say in court. Court will
not give weight on a testimony of a witness
who admits having been instructed. A
lawyer who presents a witness whom he
knows will give a false testimony or is an
impersonator may be subjected to
disciplinary action.
Rule 12.07. The lawyer has a duty to
always treat adverse witnesses and suitors
with fairness and due consideration
Rule 12.07. The client cannot be made the
keeper of the lawyers conscience in
professional matters. He has no right to
demand that his counsel abuse the
opposite party and the latters witnesses or
indulge in offensive personalities. Improper
speech is not excusable on the ground that
it is what the client would say if speaking in
his own behalf
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
dignified manner the action of the judge
and to make the incident of record without
being held liable administratively or for
contempt of court


VIII. RULE 12.08 A LAWYER SHALL AVOID
TESTIFYING IN BEHALF OF HIS
CLIENT; EXCEPT:

a. on formal matters, such as mailing,
authentication or custody of an instrument, and
the like; or
b. on substantial matters, in cases where his
testimony is essential to the ends of justice, in

which event he must, during his testimony,
entrust the trial of the case to another counsel.

The underlying reason for the impropriety of a
lawyer acting in such dual capacity lies in the
difference between the function of a witness
and that of an advocate. The function of a
witness is to tell the facts as he recalls then in
answer to questions. The function of an
advocate is that of a partisan. It is difficult to
distinguish between the zeal of an advocate
and the fairness and impartiality of a
disinterested witness (Agpalo)

Although the law does not forbid an attorney to
be a witness and at the same time an attorney
in a cause, the courts prefer that counsel
should not testify as witness unless it is
necessary and that they should withdraw from
the active management of the case. Canon 19
of the Code of Legal Ethics provides that when
a lawyer is a witness for his client, except as to
merely formal matters. Such as the attestation
or custody of an instrument and the like, he
should leave the trial of the case to other
counsel. Except when essential to the ends of
justice, a lawyer should avoid testifying in court
in behalf of his client. (PNB v. Uy Teng Piao,
57 PHIL 337 (1932))


CANON 13: QUICK REFERENCE

Canon 13. A lawyer shall rely upon the merits
of his cause and refrain from any impropriety
which tends to influence, or gives the
appearance of influencing the court.

Rule 13.01. A lawyer shall not
extend extraordinary attention or
hospitality to, nor seek opportunity for
cultivating familiarity with Judges.

Rule 13.02. A lawyer shall not make
public statements in media regarding a
pending case tending to arouse public
opinion for or against a party.

Rule 13.03. A lawyer shall not brook or
invite interference by another branch
or agency of the government by
another branch or agency of the
government in normal course of judicial
proceedings.


MEMORY AID FOR RULES UNDER CANON 13:
o No Extraordinary Attention (Rule 13.01)
o No Public Statements to Media (Rule 13.02)
o Not to Invite Outside Interference (Rule
13.03)

KNOW MORE:

Grievances must be ventilated through proper
channels (appropriate petitions, motions or
other pleadings) in keeping with the respect
due to the Courts as impartial administrators of
justice entitled to proceed to the disposition of
its business in an orderly manner, free from
outside interference obstructive of its functions
and tending to embarrass the administration of

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74



justice. For though the rights of free speech
and of assembly are constitutionally protected,
an attempt to pressure or influence courts of
justice is no longer within the ambit of
constitutional protection. (Nestle Phil. v.
Sanchez, 154 SCRA 542 (1987))
19


Freedom of speech is not absolute, and must
be balanced with the requirements of equally
important public interests, such as the
maintenance of the integrity of the courts and
orderly functioning of the administration of
justice. Unwarranted attacks on the dignity of
the courts cannot be disguised as free speech,
for the exercise of said right cannot be used to
impair the independence and efficiency of
courts or public respect and confidence thereof.
His statements are not fair criticisms of any
decision of the Court, but are threats made
against it to force the Court to decide the issue
in a particular manner, or risk earning the ire of
the public. It tends to promote distrust an
undermines public confidence in the judiciary,
by creating the impression that the Court
cannot be trusted to resolve cases impartially,
uninfluenced by public clamor and other
extraneous influences. (In Re: De Vera, 385
SCRA 285 (2003))
20


I. Rule 13.01. A lawyer shall not extend
extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.

Notes from Agpalo
o The common practice of some lawyers
making judges and prosecutors godfathers
of their children to enhance their influence
and their law practice should be avoided by
judges and lawyers alike
o A lawyer should not see a judge in chamber
and talk to him about a case he is handling
and pending in the judges court
o A lawyer should not communicate to the
judge the merits of a pending case

II. Rule 13.02. A lawyer shall not make public
statements in media regarding a pending case
tending to arouse public opinion for or against a
party.

Notes from Agpalo:

19
FACTS: Two unions with pending cases before the SC had
intermittent pickets in front of the Padre Faura gate of the SC
building, obstructing access to and egress from the Courts
premises. They also constructed provisional shelters, set up a
kitchen, littered the area causing it to be unhygienic and
unsanitized, waved their red streamers and placards with
slogans, and harangued the court with the use of loudspeakers.
Two justices called the leaders of the unions and their counsel
to inform them that the pickets constitute direct contempt of
court, and that their petitions could not be heard until the
pickets stop. Arty Espinas, the counsel for the unions,
apologized and assured that the acts would not be repeated.
The SC dismissed the contempt charges against Atty. Espinas.

20
FACTS: Atty. De Vera made some remarks to the Philippine
Daily Inquirer regarding a pending case involving the
constitutionality of the Plunder Law. In one statement, he
asked the SC to dispel rumors that it would vote in favor of a
petition filed by Estradas lawyers to declare the plunder law
unconstitutional and that his group was greatly disturbed by
the rumors. In another statement, he said that a decision in
favor of the laws unconstitutionality would trigger mass
actions and the people would not just swallow any SC decision
that is basically wrong. Atty. De Vera admitted to making the
statements but that these were factually accurate and that
these are within his right to freedom of speech.
LEGAL ETHICS

o Purpose: Newspaper publications regarding
a pending or anticipated litigation may
interfere with a fair trial, prejudice the
administration of justice, or subject a
respondent or a accused to a trial by
publicity and create a public inference of
guilt against him
p The court, in a pending litigation, must be
shielded from embarrassment or influence in
its all important duty of deciding the case.
Thus, what a lawyer can ordinarily say against
a concluded litigation and the manner the
judge handed down the decision may not
generally be said to a pending action.
o Once a litigation is concluded, the judge who
decided it is subject to the same criticism as
any other public official because then, his
ruling becomes public property and is thrown
open to public consumption.
o A newspaper publication tending to impede,
obstruct, embarrass or influence the courts in
administering justice in a pending case
constitutes criminal contempt, but the rule is
otherwise after the litigation is ended.

Televising a court trial would amount to a violation
of due process. A carnival atmosphere would be
created.
Jurisprudence also states that there is nothing
that proscribes the press from reporting events
that transpire in the courtroom. But there is a
reasonable likelihood that the prejudicial news
prior to trial will prevent a fair trial. If publicity
during the proceeding threatens the fairness of
the trial, a new trial shall be ordered.
HOWEVER, THE CASE AT BAR IS DIFFERENT. The
publicity in this case did not focus on the guilt of
the petitioners but rather on the responsibility of
the government for what was claimed to be a
massacre of Muslim trainees. If there was a
trial by newspaper it was not of the petitioner
but of the government. There is no showing that
the courts martial failed to protect the accused
from massive publicity. Protection would include:
controlling the release of information; change the
venue or postpone trial until the deluge of
prejudicial publicity has subsided. Even granting
that there is massive and prejudicial publicity, the
petitioners do not contend that the respondents
have been unduly influenced but simply that they
might be. (Martelino v. Alejandro (1989))


III. Rule 13.03. A lawyer shall not brook or invite
interference by another branch or agency of the
government by another branch or agency of the
government in normal course of judicial
proceedings

Rule 11.05. A lawyer shall submit grievances
against a Judge to the proper authorities only.


The basis for this rule is the principle of
separation of powers (Aguirre)

1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 24 of
74
LEGAL ETHICS




D. The Lawyer and the Client

MEMORY AID FOR CANONS UNDER THIS
SECTION:
1. Service to the Needy (Canon 14)
2. Observe Candor, Fairness, Loyalty (Canon 15)
3. Hold in Trust Clients Moneys and Properties
(Canon 16)
4. Trust and Confidence (Canon 17)
5. Competence and Diligence (Canon 18)
6. Representation with Zeal (Canon 19)
7. Attorneys Fees (Canon 20)
8. Preserve Clients Confidence (Canon 21)
9. Withdrawal of Services for Good Cause (Canon
22)

KNOW MORE:

The nature of lawyer-client relationship is
premised on the Roman Law concepts of
1. location conduction operarum (contract of
lease and services) where one person lends
his services and another hires them without
reference to the object of which the
services are to be performed, wherein
lawyers services may be compensated by
honorarium
2. mandato (contract of agency) wherein a
friend on whom reliance could be placed
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)

Notes from Agpalo:
o The relationship is strictly personal and
highly confidential and fiduciary (something
in trust for another). Thus, delegation is
prohibited absent the clients consent. It
likewise terminates at death of either the
client or the attorney.
o A client can terminate it any time with or
without the consent of the lawyer.
However, an attorney enjoys no similar
right as he is an officer of the court and he
may be permitted to withdraw only with the
consent of his client or with the approval of
the court. The essential feature of the
relation of attorney and client is the fact of
employment. While a written agreement for
professional services is the best evidence to
show the relation, formality is not an
essential element of the employment of a
lawyer
o It is sufficient, to establish the professional
relation, that the advice and assistance of
an attorney is sought and received in any
matter pertinent to his profession
o There is an implied contract of professional
employment where an attorney appears on
behalf of a party without the latter
interposing any objection thereto
o To employ an attorney one has to have
legal capacity to do so. Minors/
incompetents must have a general
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
being retained nor may he appear for a
party in a case without being employed

unless by leave of court

Retainer, defined:
(1) an act of client by which he engages
services of an attorney to render legal advice,
defend or prosecute his cause in court;
(2) fee which a client pays to an attorney when
latter is retained (retaining fee)

o General retainer, defined: secure
beforehand services of attorney for any
legal problem that may afterward arise

o Special retainer, defined: particular case or
service

o Retaining fee, defined: preliminary fee paid
to insure and secure future services, to
remunerate him for being deprived, by
being retained by one party. It prevents
undue hardship resulting from the rigid
observance of the rule forbidding him from
acting as counsel for other party (Agpalo)

Employment of a law firm:
The employment of a law firm is
equivalent to the retainer of a member
thereof even though only one of them
is consulted


CANON 14: QUICK REFERENCE


Canon 14. A lawyer shall not refuse his
services to the needy.
Rule 14.01. A lawyer shall not
decline to represent a person solely on
account of the latters race, sex, creed
or status of life, or because of his own
opinion regarding the guilt of said
person.

Rule 14.02. A lawyer shall not decline,
except for serious and sufficient cause,
an appointment as counsel de oficio or
as amici curiae, or a request from the
Integrated Bar of the Philippines or any
of its chapters for rendition of free legal
aid.

Rule 14.03. A lawyer may refuse to accept
representation of an indigent client if:
a. he is not in a position to carry out the work
effectively or competently;
b. he labors under a conflict of interests
between him and the prospective client or
between a present client and the
prospective client.

Rule 14.04. A lawyer who accepts the cause
of a person unable to pay his professional
fees shall observe the same standard of
conduct governing his relations with paying
clients.


MEMORY AID FOR RULES UNDER CANON 14:
o Availability of Services Regardless of Status
(Rule 14.01)
o Providing Counsel de Oficio (Rule 14.02)

1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 25 of
74


o Valid Ground for Refusal (Rule 14.03)
o Same Standard of Conduct for All Clients (Rule
14.04)
KNOW MORE:

General rule: A private practitioner is not obliged
to act as counsel for a person who may wish to
become his client. He has the right to decline
employment.

Exceptions: Canon 14 provide the exceptions to
the general rule and emphasize the lawyers public
responsibility of rendering legal services to the
needy and the oppressed who are unable to pay
attorneys fees. In such cases, refusal is the
exception rather than the rule.

R.A. 6033. An act requiring courts to give
preference to criminal cases where the
party or parties involved are indigents
(1969)ANNEXED

R.A. 6034. An act providing transportation
and other allowances for indigent
litigants. (1969) ANNEXED

RA 6035. An act requiring stenographers
to give free transcript of notes to indigent
and low income litigants and providing a
penalty for the violation thereof. (1969)
ANNEXED

I. Rule 14. 01. A lawyer shall not decline to
represent a person solely on account of the latters
race, sex, creed or status of life, or because of his
own opinion regarding the guilt of said person.

Rule 138, sec. 20 (h-i). Duties of attorneys.It
is the duty of an attorney: (h) Never to reject,
for any consideration personal to himself, the
cause of the defenseless or oppressed. (i) In
the defense of a person accused of crime, by all
fair and honorable means, regardless of his
personal opinion as to the guilt of the accused,
to present every defense that the law permits,
to the end that no person may be deprived of
life or liberty, but by due process of law

Rule 14.01 makes it his duty not to decline to
represent the accused regardless of his opinion
as to his guilt. Note that in criminal cases, it
is easy to take accused because of presumption
of innocence and proof beyond reasonable
doubt.

It is the lawyers duty to counsel or maintain
such actions or proceedings only as appear to
him to be just, and such defenses only as he
believes to be honestly debatable under law.
He is not to encourage the commencement or
the continuance of an action or delay any
mans cause, for any corrupt motive or interest.
He must decline to conduct a civil case or to
make a defense when convinced that it is
intended merely to harass or injure the
opposite party or to work oppression or wrong.
If he were to take a bad civil case for a
plaintiff, it will only be to advise him not to file
the action or to settle it with the claimant. If he
were to accept the defense of a bad civil case
against a defendant, it will either be to exert
his best effort toward a compromise or, to tell
his client to confess judgment. In criminal
cases: easy to take accused because
LEGAL ETHICS

of presumption of innocence and proof beyond
reasonable doubt. (Agpalo)

Rule 2.01. A lawyer shall not reject, except for
valid reasons, the cause of the defenseless or
the oppressed.


II. Rule 14.02. A lawyer shall not decline, except
for serious and sufficient cause, an appointment as
counsel de oficio or as amici curiae, or a request
from the Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.


Rule 138 sec. 20 (h), Duties of attorneys. It
is the duty of an attorney: (h) Never to reject,
for any consideration personal to himself, the
cause of the defenseless or oppressed;

Rule 138, sec. 31 Attorneys for destitute
litigants.A court may assign an attorney to
render professional aid free of charge to any
party in a case, if upon investigation it appears
that the party is destitute and unable to employ
an attorney, and that the services of counsel
are necessary to secure the ends of justice and
to protect the rights of the party. It shall be the
duty of the attorney so assigned to render the
required service, unless he is excused
therefrom by the court for sufficient cause
shown.

Rule 116, sec. 6. Duty of court to inform
accused of his right to counsel.Before
arraignment, the court shall inform the accused
of his right to counsel and ask him if he desires
to have one. Unless the accused is allowed to
defend himself in person or has employed
counsel of his choice, the court must assign a
counsel de oficio to defend him.

Rule 116, sec. 7. Appointment of counsel de
oficioThe court shall appoint a counsel de
oficio to defend a client, considering [1] the
gravity of the offense, [2] the difficulty of the
questions that may arise, [3] and the
experience and ability of the appointee. The
counsel must be [1] a member of the bar in
good standing [2] or, in localities without
lawyers, any person of good repute for probity
and ability

Rule 116, sec. 8. Time for counsel de oficio to
prepare for arraignment. Whenever a
counsel de oficio is appointed by the court to
defend the accused at the arraignment, he shall
be given a reasonable time to consult with the
accused as to his plea before proceeding with
the arraignment.

Rule 124 (Case on Appeal in the CA), sec. 2.
Appointment of counsel de oficio for the
accused.If it appears from the record of the
case transmitted that [1] the accused is
confined in prison, [2] is without counsel de
parte on appeal, or [3] has signed the notice of
appeal himself, the clerk of court of the CA
shall designate a counsel de oficio.
An appellant who is not confined in prison may,
upon request, be assigned a counsel de oficio
within the 10 days from receipt of the notice to
file brief and he establishes his right thereto by
affidavit

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LEGAL ETHICS


P.D. 543. Authorizing the designation of
municipal judges and lawyers in any
branch of the government service to act as
counsel de oficio for the accused who are
indigent in places where there are no
available practicing lawyers. (1974)
ANNEXED

Counsel de Oficio, defined: a counsel,
appointed or assigned by the court, from
among such members of the bar in good
standing who by reason of their experience and
ability, may adequately defend the accused.
(Agpalo)

Rule 138, sec. 36. Amicus curiae.
Experienced and impartial attorneys may be
invited by the Court to appear as amici curiae
to help in the disposition of issues submitted to
it.

Amicus curiae, defined: A friend of the court;
a bystander (usually a counselor) who
interposes or volunteers information upon some
matter of law in regard to which the judge is
doubtful or mistaken. (Agpalo)


III. Rule 14. 03. A lawyer may refuse to accept
representation of an indigent client if:
a. he is not in a position to carry out the work
effectively or competently;
b. he labors under a conflict of interests
between him and the prospective client or
between a present client and the prospective
client.

IV. Rule 14.04. A lawyer who accepts the cause of
a person unable to pay his professional fees shall
observe the same standard of conduct governing
his relations with paying clients.





CANON 15: QUICK REFERENCE
Canon 15. A lawyer shall observe candor,
fairness and loyalty in all his dealings and
transactions with his clients.

Rule 15.01. A lawyer, in conferring with
a prospective client, shall ascertain as
soon as practicable whether the matter
would involve a conflict with another
client or his own interest, and if so, shall
forthwith inform the prospective client.


Rule 15.02. A lawyer shall be bound by
the rule on privileged communication in
respect of matters disclosed to him by a
prospective client.

Rule 15.03. A lawyer shall not represent
conflicting interests except by written
consent of all concerned given after a
full disclosure of the facts.

Rule 15.04. A lawyer may, with the
written consent of all concerned, act as
mediator, conciliator or arbitrator in
settling disputes.

Rule 15.05. A lawyer when advising his
client shall give a candid and honest
opinion on the merits and probable
results of the clients case, neither
overstating nor understanding the
prospects of the case.
Rule 15.06. A lawyer shall not state
or imply that he is able to influence any
public official, tribunal or legislative
body.

Rule 15.07. A lawyer shall impress upon
his client compliance with the laws and
the principles of fairness.

Rule 15.08. A lawyer who is engaged in
another profession or occupation
concurrently with the practice of law
shall make clear to his client whether he
is acting as a lawyer or in another
capacity.



MEMORY AID FOR RULES UNDER CANON 15:
o Conflict of Interest (Rule 15.01 and 15.03)
o Privileged Communication (Rule 15.02)
o Mediator, Conciliator or Arbiter (Rule 15.04)
o Candid, Honest Advice (Rule 15.05)
o Not to Claim Influence (Rule 15.06)
o Impress Compliance with Laws (Rule 15.07)
o Dual Profession (Rule 15.08)

KNOW MORE:

This canon is based on the character of the
attorney-client relationship which is strictly
personal and highly confidential and

1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 27 of 74



fiduciary. Only in such a relationship can a
person be encouraged to repose confidence in
an attorney. The canon therefore is required by
necessity and public interest and is based on
the hypothesis that abstinence from seeking
legal advice in a good cause is an evil which is
fatal to the administration of justice. (Agpalo)

I II.

Rule 15.01. A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable whether the matter would involve a
conflict with another client or his own interest, and
if so, shall forthwith inform the prospective client.

Rule 15.03. A lawyer shall not represent
conflicting interests except by written consent of all
concerned given after a full disclosure of the facts.

Art. 209 Revised Penal Code. Betrayal of trust
by an attorney. or solicitor.Revelation of
Secrets.In addition to the proper
administrative action, shall be imposed upon
an attorney-at-law or solicitor (procurador
judicial) who, by any malicious breach of
professional duty or of inexcusable negligence
or ignorance, shall prejudice his client, or
reveal any of the secrets of the latter learned
by him in his professional capacity

Tests of Conflict of Interest:
1. when, on behalf of one client, it is the
attorneys duty to contest for that which his
duty to another client requires him to
oppose or when the possibility of such
situation will develop;
2. whether the acceptance of the new relation
will prevent a lawyer from the full discharge
of his duty of undivided fidelity and loyalty
to his client or will invite suspicion of
unfaithfulness in the performance thereof;
and
3. whether a lawyer will be called upon in his
new relation to use against his first client
any knowledge acquired in the previous
employment.

The proscription against representation of
conflicting interests finds application where the
conflicting interests arise with respect to the
same general matter and is applicable however
slight such adverse interest may be. It applies
although the attorneys intentions and motives
were honest and he acted in good faith.

Rule against representing conflicting interests
applies even if the conflict pertains to the
lawyers private activity or in the performance
in a non-professional capacity, and his
presentation as a lawyer regarding the same
subject matter.

Effect of termination of attorney-client relation
o Termination of relation of attorney and
client provides no justification for a lawyer
to represent an interest adverse to or in
conflict with that of the former client.
Neither may he do anything injurious to his
former client nor use against former client
any knowledge or information gained.
o Reason: clients confidence, once reposed,
cannot be divested by the expiration of
professional employment
LEGAL ETHICS


Opposing clients in same or related suits
An attorney who appears for opposing
clients in the same or related actions puts
himself in that awkward position where he
will have to contend on behalf of one client
that which he will have to oppose on behalf
of the other client. He cannot give
disinterested advice to both clients but will
instead be called on to use confidential
information against one client in favor of
the other in view of the identicalness or
relatedness of the subject.
Even though the opposing clients, after full
disclosure of the fact, consent to the
attorneys dual representation, the lawyer
should, when his clients cannot see their
way clear to settling the controversy
amicably, retire from the case.

Opposing clients in unrelated actions
o A lawyer owes loyalty to his client not only
in the case in which he has represented
him but also after the relation of attorney
and client has terminated because it is not
good practice to permit him afterwards to
defend in another case another person
against his former client under the pretext
that the case is distinct from, and
independent of, the former case.
o It is improper for a lawyer to appear as
counsel for one party against the adverse
party who is his client in another totally
unrelated action. The attorney in that
situation will not be able to pursue, with
vigor and zeal, the clients claim against the
other and to properly represent the latter in
the unrelated action; or, if he can do so, he
cannot avoid being suspected by the
defeated client of disloyalty of partiality in
favor of the successful client

New client against former client
o A lawyer cannot represent a new client
against a former client only when the
subject matter of the present controversy is
related, directly of indirectly, to the subject
matter of the previous litigation in which he
appeared for the former client. He may
properly act as counsel for a new client,
with full disclosure to the latter, against a
former client in a matter wholly unrelated
to that of the previous employment, there
being no conflict of
interests.
o Reason: what a lawyer owes to former
client is to maintain inviolate the clients
confidence or to refrain from doing
anything which will injuriously affect him in
any matter which he previously
represented him; in this case, duty does
not arise
o Where subject matter of present suit
between the lawyers new client and his
former client is in some way connected,
prohibition applies even if no confidential
information was acquired

Conflicting duties
o A lawyer may not, as an employee of a
corporation whose duty is to attend to its
legal affairs, join a labor union of
employees in that corporation because the
exercise of the unions rights is

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74
LEGAL ETHICS

incompatible with his duty as a lawyer for
his corporate client
o A lawyer may not, as counsel for a client,
attack the validity of the instrument
prepared by him

Attorneys interest vs. Clients interest
o An attorney should not put himself in a
position where self-interest tempts him to
do less than his best for his client. (e.g., it
is improper to have financial stakes in
subject matter of suit brought on behalf of
his client)

Rule applicable to law firm
o Where a lawyer is disqualified or forbidden
from appearing as counsel in a case
because of conflict of interests, the law firm
of which he is a member as well as any
member, associate or assistant is similarly
disqualified or prohibited from so acting.
o This rule is a corollary of the rule that the
employment of one member of a law firm is
considered as an employment of the law
firm and that the employment of a law firm
is equivalent to a retainer of the members
thereof.

Notes from Agpalo:
o The canon therefore is required by
necessity and public interest and is based
on the hypothesis that abstinence from
seeking legal advice in a good cause is an
evil which is fatal to the administration of
justice.
o The disclosure is more for the protection of
the lawyer than that of the client, so that
the client may not lose confidence in him,
which may even affect his fee. If the lawyer
does not disclose anything, a client may
assume the lawyer has no interest which
will interfere with his devotion to the cause
confided to him or betray his judgment.

For attorney-client privilege to apply, however,
the period to be considered is the date when
the privileged communication was made by the
client to the attorney in relation to either a
crime committed in the past or with respect to
a crime intended to be committed in the future.
(if past, privilege applies; if future, does not
apply) In order that a communication between
a lawyer and his client be privileged, it must be
for a lawful purpose or in the furtherance of a
lawful end. (People v. Sandiganbayan, 275
SCRA 505 (1996))

The general rule is that a lawyer may not
invoke the privilege and refuse to divulge the
name or identity of his client. The reasons for
this are that:
o The Court has a right to know that the client
whose privileged information is sought to
be protected is flesh and blood.
o The privilege begins to exist only after the
attorney-client relationship has been
established. The privilege does not attach
until there is a client.
o The privilege pertains to the subject matter
of the relationship.
s Due process considerations require that the
opposing party should know his adversary.
(Metaphor: He cannot be obliged to grope
in the dark against unknown forces.)


The general rule is however qualified by some
exceptions. Client identity is privileged
o Where a strong probability exists that
revealing the clients name would implicate
the client in the very activity for which he
sought the lawyers advice.
o Where disclosure would open the client to
civil liability.
o Where the governments lawyers have no
case against an attorneys client unless by
revealing the clients name, the said name
would furnish the only link that would form
the chain of testimony necessary to convict
an individual of a crime.

Information relating to the identity of the
client may fall within the ambit of the
privilege when the clients name itself has
an independent significance, such that
disclosure would then reveal client
confidences. (Regala v. Sandiganbayan,
262 SCRA 122 (1996))

Limitations to general rule
The prohibition against representing
conflicting interests does not apply:

1. where no conflict of interests exists (e.g. a
lawyer may represent new client against
former client where both actions are
unrelated and where lawyer will not be
called to oppose what he had espoused on
behalf of former client not use confidential
info against former client.)
2. where the clients knowingly consent to dual
representation in writing
Lawyer may represent conflicting
interests before it reaches the court but
only after full disclosure of the facts
and express written consent of all
parties.
Where representation by a lawyer is for
both opposing parties, their written
consent may enable the lawyer to
represent them before but not after
their controversy has reached the
court. After the controversy has
reached the court, the lawyer cannot,
even with the parties written consent,
represent both of them without being
held administratively liable as an officer
of the court.
Disclosure should include thorough
explanation of nature and extent of
conflict and possible adverse effects of
dual representation. This should include
disclosure of the lawyers present
and/or former clients who have
conflicting interests.
Advantage: a mutual lawyer, impartial
and with honest motivations, may be
better situated to work out an
acceptable settlement since he has
confidence of both parties
A lawyer may represent new client
against former client only after full
disclosure and written consent. Former
clients written consent constitutes a
release from obligation to keep
inviolate the clients confidences or to
desist from injuriously affecting him in
any matter which he previously
represented.

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74



Where circumstances show parties
require independent counsel, or where
lawyer may be suspected of disloyalty,
he should immediately withdraw from
the case.
General rule that a lawyer may be
allowed to represent conflicting
interests, where parties consent,
applies only where one is a former
client and the other is a new one, not
where both are current clients.
Lawyer may not represent conflicting
interests, even with consent, where the
conflict is between the attorneys
interest and that of a client (self-
interest should yield to clients interest)
or between a private clients interest
and that of the govt or any of its
instrumentalities (public policy and
public interest forbid dual
representation).
3. where no true attorney-client relationship is
attendant
Absence of true attorney-client
relationship either with the attorney or
with the law firm of which he is a
member makes the prohibition
inapplicable.
Exception: attorneys secretary,
stenographer or clerk who, in such
capacity, has acquired confidential
information from attorneys client, may
not accept employment or, after
admission to the bar, represent an
interest adverse to that of attys client.

Effects of representation of conflicting interests
o Representation of conflicting interests
subjects the lawyer to disciplinary action.
The reason is that the representation of
conflicting interests not only constitutes
malpractice but also a violation of the
confidence which results from the attorney-
client relationship, of the oath of a lawyer
(in that he did not serve his clients interest
well) and of his duty to both the client and
the court.
o If representation of conflicting interests is
unknown and works prejudice against new
client, judgment against the latter may be
set aside. Basis: a lawyer disqualified from
appearing on account of inconsistency of
duties is presumed to have improperly and
prejudicially advised and represented the
party from beginning to end of litigation.
Two questions to be asked:
(1) Did the attorney discharge or have
opportunity to discharge conflicting
interests?
(2) Did the new client suffer prejudice? If
yes to both, adverse judgment against new
client may be justified.
o Attorneys right to be paid for his services
to former client may be affected by
representation of conflicting interests, only
if 2 matters are related and the former
client objected to such representation. But
new client may not defeat attorneys right
to fees in the absence of concealment and
prejudice by reason of attorneys previous
professional relationship with opposing
party.
LEGAL ETHICS

There is conflict of interest when a lawyer
represents inconsistent interest of two or more
opposing parties. The test is whether or not in
behalf of one client, it is the lawyers duty to
fight for an issue or claim, but it is his duty to
oppose it for the other client. Also, if the
acceptance of the new retainer will require the
attorney to perform an act which will injuriously
affect his first client in any matter in which he
represents him and also whether he will be
called upon in his new relation to use against
his first client any knowledge acquired through
their connection. Another test is whether the
acceptance of a new relation will prevent an
attorney from the full discharge of his duty of
undivided fidelity and loyalty to his client or
invite suspicion of unfaithfulness or double-
dealing in the performance thereof. (Hornilla
v. Salunat (2003))


III. Rule 15.02. A lawyer shall be bound by the
rule on privileged communication in respect of
matters disclosed to him by a prospective client.

Art. 209 Revised Penal Code. Betrayal of
trust by an attorney. or solicitor.Revelation of
Secrets.In addition to the proper
administrative action, shall be imposed upon
an attorney-at-law or solicitor (procurador
judicial) who, by any malicious breach of
professional duty or of inexcusable negligence
or ignorance, shall prejudice his client, or
reveal any of the secrets of the latter learned
by him in his professional capacity.

Exceptions to privilege (Aguirre):

1. When a lawyer is accused by the client and
he needs to reveal information to defend
himself
2. When the client discloses the intention to
commit a crime or unlawful act. (Future
crime)

For attorney-client privilege to apply, however,
the period to be considered is the date when
the privileged communication was made by the
client to the attorney in relation to either a
crime committed in the past or with respect to
a crime intended to be committed in the future.
(if past, privilege applies; if future, does not
apply) In the present case, testimony sought to
be elicited from Sansaet are communications
made to him by physical acts and/or
accompanying words of Paredes at the time he
and Honrada, either with active or passive
participation of Sansaet, were about to falsify,
or in the process of falsifying, the documents
which were later filed by Sansaet in the
Tanodbayan. Crime of falsification had not yet
been committed, hence, they are not covered
by the privilege. It could also not have been
covered by the privilege because Sansaet was
himself a conspirator in the commission of the
crime of falsification. In order that a
communication between a lawyer and his client
be privileged, it must be for a lawful purpose or
in the furtherance of a lawful end. On the
contrary, Sansaet, as lawyer, may be bound to
disclose the info at once in the interest of
justice. (People v. Sandiganbayan (1997))



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IV. Rule 15.04. A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.

An attorneys knowledge of the law and his
reputation for fidelity may make it easy for the
disputants to settle their differences amicably.
However, he shall not act as counsel for any of
them. (Agpalo)


V. Rule 15.05. A lawyer when advising his client
shall give a candid and honest opinion on the
merits and probable results of the clients case,
neither overstating nor understanding the
prospects of the case.

A lawyer is bound to give candid and honest
opinion on the merit or lack of merit of clients
case, neither overstating nor understating the
prospect of the case. He should also give an
honest opinion as to the probable results of the
case, with the end in view of promoting respect
for the law and the legal processes. (Agpalo)

VI. Rule 15.06. A lawyer shall not state or imply
that he is able to influence any public official,
tribunal or legislative body.

This rule protects against influence peddling.
Some prospective clients secure the services of
a particular lawyer or law firm precisely
because he can exert a lot of influence on a
judge and some lawyers exact big fees for such
influence (Agpalo)

VII. Rule 15.07. A lawyer shall impress upon his
client compliance with the laws and the principles
of fairness.

Art. 19 Civil Code. Every person must, in the
exercise of his rights and in the performance of
his duties, act with justice, give everyone his
due and observe honesty and good faith.

Notes from Agpalo:
o A lawyer is required to represent his client
within the bounds of the law. The CPR
enjoins him to employ only fair and honest
means to attain the lawful objectives of his
client and warns him not to allow his client
to dictate procedure in handling the case.
He may use arguable construction of the
law or rules which are favorable to his
client. But he is not allowed to knowingly
advance a claim or defense that is
unwarranted under existing law.
o A lawyer should comply with the clients
lawful requests. But he should resist and
should never follow any unlawful
instructions. In matters of law, it is the
client who should yield to the lawyer and
not the other way around.
o A lawyer must also observe and advice his
client to observe the statute law, thought
until a statute shall have been construed
and interpreted by competent jurisdiction,
he is free and is entitled to advice as to its
validity and as to what he conscientiously
believes to be its just meaning and extent

VIII. Rule 15.08. A lawyer who is engaged in
another profession or occupation
concurrently with the practice of law shall
LEGAL ETHICS

make clear to his client whether he is
acting as a lawyer or in another capacity.

Exercise of dual profession is not prohibited but
a lawyer must make it clear when he is acting
as a lawyer and when he is otherwise,
especially in occupations related to the practice
of law. Reason: certain ethical considerations
may be operative in one profession and not in
the other. (Agpalo)

A lawyer is not barred from dealing with his
client but the business transaction must be
characterized with utmost honesty and good
faith. Business transactions between an
attorney and his client are disfavored and
discouraged by policy of law because by virtue
of a lawyers office, he is an easy position to
take advantage of the credulity and ignorance
of his client. Thus, there is no presumption of
innocence or improbability of wrongdoing in
favor of lawyers. MOREOVER, the proscription
against representation of conflicting interests
finds application where the conflicting interests
arise with respect to the same general matter
and is applicable however slight such adverse
interest may be. It applies although the
attorneys intentions and motives were honest
and he acted in good faith. Representation of
conflicting interests may be allowed where the
parties give an informed consent to the
representation after full disclosure of facts. The
lawyer must explain to his clients the nature
and extent of the conflict and the possible
adverse effects must be thoroughly understood
by his clients. The test to determine whether
there is conflict of interest in the representation
is the probability, not the certainty of conflict.
(Nakpil v. Valdez, 286 SCRA 758 (1998))
21






















21
FACTS: Atty. Carlos Valdes was the lawyer and accountant of
the Nakpils. In 1965, Jose Nakpil wanted to buy a summer
residence in Baguio City but because of lack of funds, he agreed
that Valdes would keep the property in trust until the Nakpils
could buy it back. Valdes took out two loans to purchase the
property. In 1973, Jose Nakpil died. The ownership of the Baguio
property became an issue in the intestate proceedings as Valdes
excluded it from the inventory of Joses estate. In 1978, Valdes
transferred his title to the property to his company. The estate
filed an action for reconveyance and the adminstratix filed an
administrative case to disbar Valdes for (1) maliciously
appropriating the property in trust to his family corporation (2)
including in the claims against the estate the amounts of the two
loans which he claimed were Joses loans probably for the
purchase of a house and lot in Moran St., Baguio City and (3) for
conflict of interest, since his auditing firm prepared the list of
claims of creditors who were also represented by his law firm.
The SC suspended Valdes from the practice of law for one year

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