Duties of a Lawyer

Sec 20, Rule 138 of the Rules of Court

It is the duty of an attorney:
(a) To maintain allegiance to the Repulic of the !hilippines and to support the Constitution
and obey the laws of the Philippines.
() To observe and maintain the respect due to the courts of "ustice and "udicial o#cers$
(c) To counsel or %aintain such actions or proceedin&s only as appear to hi% to e just, and
such defenses only as he believes to be honestly debatable under the law.
(d) To e%ploy, for the purpose of %aintainin& the causes con'ded to hi%, such %eans only as are
consistent with truth and honor, and never seek to mislead the judge or any judicial
ofcer by an artice or false statement of fact or law!
(e) To maintain inviolate the condence, and at e(ery peril to hi%self, to preserve the
secrets of his client, and to accept no compensation in connection )ith his client*s usiness
e+cept fro% hi% or )ith his ,no)led&e and appro(al$
(f) To abstain from all o"ensive personality and to ad(ance no fact pre"udicial to the honor
or reputation of a party or )itness, unless re-uired y the "ustice of the cause )ith )hich he is
char&ed$
(&) #ot to encourage either the commencement or the continuance of an action or
proceeding, or delay any %an*s cause, fro% any corrupt %oti(e or interest$
(h) #ever to reject, for any consideration personal to hi%self, the cause of the defenseless or
oppressed$
(i) In the defense of a person accused of cri%e, y all fair and honorale %eans, re&ardless of his
personal opinion as to the &uilt 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.
The Code of !rofessional Responsiility
$our%fold Duties of a Lawyer&
'. (o the society! )Chapter ', Canons '%*+
,. (o his colleagues ! )Chapter ,, Canons -%.+
/. (o the courts! )Chapter /, Canons '0%'/+ and
1. (o his clients. )Chapter 1, Canons '1%,,+
Public or private duties
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5ule '.0' % 3 lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
Purpose of >=C&
'. (o protect the public!
,. (o protect the public image of lawyers! and
/. (o protect prospective clients.
1. (o protect errant lawyers from themselves.
.oral Turpitude Barrios v. Martinez
.oral turpitude /includes e(erythin& )hich is done contrary to "ustice, honesty, %odesty,
or &ood %orals01 It in(ol(es /an act of aseness, (ileness, or depra(ity in the pri(ate
duties )hich a %an o)es his fello) %en, or to society in &eneral, contrary to the accepted
and custo%ary rule of ri&ht and duty et)een %an and )o%an, or conduct contrary to
"ustice, honesty, %odesty, or &ood %orals01
2ood .oral Character3 Continuous Ui v. Bonifacio
If &ood %oral character is a sine qua non for ad%ission to the ar, then the continued
possession of &ood %oral character is also a re-uisite for retainin& %e%ership in the
le&al profession0 .e%ership in the ar %ay e ter%inated )hen a la)yer ceases to ha(e
&ood %oral character0
2rossly I%%oral Conduct Figueroa v. Barranco
The Court has held that to "ustify suspension or disar%ent the act co%plained of %ust
not only e i%%oral, ut &rossly i%%oral0 /4 &rossly i%%oral act is one that is so corrupt
and false as to constitute a cri%inal act or so unprincipled or dis&raceful as to e
reprehensile to a hi&h de&ree01 It is a )illful, 5a&rant, or sha%eless act )hich sho)s a
%oral indi6erence to the opinion of respectale %e%ers of the co%%unity0
Ronquillo, et. al. vs. Cezar
The practice of la) is not a ri&ht ut a pri(ile&e0 It is &ranted only to those of &ood %oral
character0 The 7ar %ust %aintain a hi&h standard of honesty and fair dealin&0 8a)yers
%ust conduct the%sel(es eyond reproach at all ti%es, )hether they are dealin& )ith
their clients or the pulic at lar&e, and a (iolation of the hi&h %oral standards of the le&al
profession "usti'es the i%position of the appropriate penalty, includin& suspension and
disar%ent0
9on !ay%ent of :et Barrientos v. Libiran-Meteoro;
The delierate failure to pay "ust dets and the issuance of )orthless chec,s constitute
&ross %isconduct, for )hich a la)yer %ay e sanctioned )ith suspension fro% the practice
of la)0
They %ust at all ti%es faithfully perfor% their duties to society, to the ar, the courts and
to their clients, )hich include pro%pt pay%ent of 'nancial oli&ations0 They %ust conduct
the%sel(es in a %anner that re5ect the (alues and nor%s of the le&al profession as
e%odied in the Code of !rofessional Responsiility0
9on !ay%ent of :et Cham vs. aita-Mo!a
;erily, la)yers %ust at all ti%es faithfully perfor% their duties to society, to the ar, to the
courts and to their clients0 4s part of those duties, they %ust pro%ptly pay their 'nancial
oli&ations0 Their conduct %ust al)ays re5ect the (alues and nor%s of the le&al
profession as e%odied in the Code of !rofessional Responsiility0
7i&a%y and Concuina&e "le#an$eo v. "le#an$ro
9o distinction has een %ade as to )hether the %isconduct )as co%%itted in the
la)yer<s professional capacity or in his pri(ate life0 This is ecause a la)yer %ay not
di(ide his personality so as to e an attorney at one ti%e and a %ere citi=en at another0 >e
is e+pected to e co%petent, honorale and reliale at all ti%es since he )ho cannot
apply and aide y the la)s in his pri(ate a6airs, can hardly e e+pected to do so in his
professional dealin&s nor lead others in doin& so0
4dulterous Relationship %uevarra v. &ala
?@hether a la)yer*s se+ual con&ress )ith a )o%an not his )ife or )ithout the ene't of
%arria&e should e characteri=ed as *&rossly i%%oral conduct* depends on the
surroundin& circu%stances0? The case at ar in(ol(es a relationship et)een a %arried
la)yer and a %arried )o%an )ho is not his )ife0 It is i%%aterial )hether the a6air )as
carried out discreetly0
Contracted Second .arria&e )ith :eceit Macarrubo v. Macarrubo
4s o#cers of the court, la)yers %ust not only in fact e of &ood %oral character ut %ust
also e percei(ed to e of &ood %oral character and %ust lead a life in accordance )ith
the hi&hest %oral standards of the co%%unity0 The %oral delin-uency that a6ects the
'tness of a %e%er of the ar to continue as such, includin& that )hich %a,es a %oc,ery
of the in(iolale social institution of %arria&e, outra&es the &enerally accepted %oral
standards of the co%%unity0
Aailure to 2i(e Support 'amaneigo v. Ferrer
9eedless to state, respondent ou&ht al)ays to ,eep in %ind the responsiilities of a father
to all his children0 If there e a resultant hardship on the% ecause of this case, let it e
i%pressed on all concerned that the direct cause thereof )as his o)n %isconduct0
5ule '.0, % 3 lawyer shall not counsel or abet activities aimed at deance of the law
or at lessening condence in the legal system.
4ctin& as Counsel for an 4ssociation Created for the !urpose of B(adin& the 8a) (n Re
)errel
3 .alpractice or &ross %isconduct in his o#ce )arrants a la)yer<s re%o(al or suspension
fro% the practice of la)0 4ssistin& a client in a sche%e )hich the attorney ,no)s to e
dishonest or conni(in& at a (iolation of la) are acts )hich are enou&h to "ustify
disar%ent0
5ule '.0/ % 3 lawyer shall not, for any corrupt motive or interest, encourage any suit
or proceeding or delay any man?s cause.
7arratry and 4%ulance Chasin&: !RC>I7ITB:
- <arratry @ the o6ense of fre-uently e+citin& and stirrin& up -uarrels and suits, )ither at
la) or other)ise0
- 3mbulance Chasing @ done personally or y person under the e%ploy%ent of the
la)yer0 4ct of a la)yer )ho (isits hospital and ho%es of the aDicted, o#ciously intrudin&
their presence and persistently o6erin& his ser(ice on the asis of a contin&ent fee0
5ule '.0/ % 3 lawyer shall not, for any corrupt motive or interest, encourage any suit
or proceeding or delay any man?s cause.
9ot 4ct as Insti&ator of Contro(ersy Castane$a v. "go
% It is the duty of a counsel to ad(ise his client, ordinarily a lay%an to the intricacies and (a&aries
of the la), on the %erit or lac, of %erit of his case0 If he 'nds that his client*s cause is
defenseless, then it is his ounden duty to ad(ise the latter to ac-uiesce and su%it, rather than
tra(erse the incontro(ertile0 4 la)yer %ust resist the )hi%s and caprices of his client, and
te%per his clients propensity to liti&ate0 4 la)yer*s oath to uphold the cause of "ustice is superior
to his duty to his client$ its pri%acy is indisputale0

5ule '.01 % 3 lawyer shall encourage his clients to avoid, end or settle a controversy if
it will admit of a fair settlement.
Co%pro%ise
4uthority of 8a)yer to 7ind Client
In any case y any a&ree%ent in relation thereto %ade in )ritin&, and in ta,in&
appeals, and in all %atters of ordinary procedure0
Special authority is re-uired in the co%pro%ise of the client<s liti&ation, or the
receipt of anythin& in dischar&e of a client<s clai% e+cept the full a%ount in cash0
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5ule ,.0' % 3 lawyer shall not reject, eCcept for valid reasons, the cause of the
defenseless or the oppressed.
5ule ,.0, % 6n such cases, even if the lawyer does not accept a case, he shall not
refuse to render legal advice to the person concerned if only to the eCtent necessary
to safeguard the latter?s rights.
Re: Rule 1E003 3 4 la)yer %ay not refuse to accept representation of an indi&ent client
unless:
a) he is in no position to carry out the )or, e6ecti(ely or co%petently$
) he laors under a con5ict of interest et)een hi% and the prospecti(e client or et)een
a present client and the prospecti(e client$
5ule ,.0/ % 3 lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.
!ractice of 8a) is a !rofession, 9ot a .oney3.a,in& Trade
Le$esma v. Climaco, %.R. *o. L-+,-./, 0une +-, .123
3 The la) is a profession, not a trade or a craft0 Those enrolled in its ran,s are called upon to
aid in the perfor%ance of one of the asic purposes of the State, the ad%inistration of "ustice0
To a(oid any frustration thereof, especially in the case of an indi&ent defendant, a la)yer %ay
e re-uired to act as counsel de o'cio0 The fact that his ser(ices are rendered )ithout
re%uneration should not occasion a di%inution in his =eal0
(n Re )agor$a, /, hil ,2 4.1+15
?The practice of solicitin& cases at la) for the purpose of &ain, either personally or throu&h
paid a&ents or ro,ers, constitutes %alpractice0/
4:;BRTISI92, :IRBCT CR I9:IRBCT0
Co%%on arratry consistin& of fre-uently stirrin& up suits and -uarrels et)een
indi(iduals )as a cri%e at the co%%on la), and one of the penalties for this o6ense )hen
co%%itted y an attorney )as disar%ent0 Statutes intended to reach the sa%e e(il ha(e
een pro(ided in a nu%er of "urisdictions usually at the instance of the ar itself, and
ha(e een upheld as constitutional0 The reason ehind statutes of this type is not di#cult
to disco(er0 The la) is a profession and not a usiness0 The la)yer %ay not see, or otain
e%ploy%ent y hi%self or throu&h others for to do so )ould e unprofessional0
I%proper Solicitation
6irector of Religious "7airs v. Ba!ot 23 hil /21
Ule8 v. Legal Clinic, (nc. ++, 'CR" ,2-
/4nent the issue on the (alidity of the -uestioned ad(ertise%ents, the Code of
!rofessional Responsiility pro(ides that a la)yer in %a,in& ,no)n his le&al ser(ices shall
use only true, honest, fair, di&ni'ed and o"ecti(e infor%ation or state%ent of facts0 >e is
not supposed to use or per%it the use of any false, fraudulent, %isleadin&, decepti(e,
undi&ni'ed, self3laudatory or unfair state%ent or clai% re&ardin& his -uali'cations or le&al
ser(ices0 9or shall he pay or &i(e so%ethin& of (alue to representati(es of the %ass
%edia in anticipation of, or in return for, pulicity to attract le&al usiness0 !rior to the
adoption of the code of !rofessional Responsiility, the Canons of !rofessional Bthics had
also )arned that la)yers should not resort to indirect ad(ertise%ents for professional
e%ploy%ent, such as furnishin& or inspirin& ne)spaper co%%ents, or procurin& his
photo&raph to e pulished in connection )ith causes in )hich the la)yer has een or is
en&a&ed or concernin& the %anner of their conduct, the %a&nitude of the interest
in(ol(ed, the i%portance of the la)yer*s position, and all other li,e self3laudation0
It is our 'r% elief that )ith the present situation of our le&al and "udicial syste%s, to allo)
the pulication of ad(ertise%ents of the ,ind used y respondent )ould only ser(e to
a&&ra(ate )hat is already a deterioratin& pulic opinion of the le&al profession )hose
inte&rity has consistently een under attac, lately y %edia and the co%%unity in
&eneral0 /
!er%issile 4d(ertise%ent: co%patile )ith the di&nity of the le&al profession:
Si%ple si&na&e )ith la)yer<s na%eFs, o#ce and residence address$
4d(ertise%ent in le&al periodicals )ith rief data$
Callin& cards (e(en )ith for%al picture)$
!ulication in reputale la) list$
.odest announce%ent in ne)spapers on the openin& of a la) 'r%
5ule ,.01 % 3 lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant.
Schedule of Aees
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5ule /.0' % 3 lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignied, self%laudatory or unfair statement or claim
regarding his Eualications or legal services.
Ule8 v. Legal Clinic, (nc. ++, 'CR" ,2-
9han, 0r. v. 'imbillo, "C *o. /+11, 4+::,5
annul%ent e+pert at !E8,000000 )ithin E to G %onths
Solicitation of le&al usiness is not alto&ether proscried0 >o)e(er, for solicitation to e
proper, it %ust e co%patile )ith the le&al profession<s di&nity0 If %ade in a %odest and
decorous %anner, it )ould rin& no in"ury to la)yers and to the 7ar0
Linsangan v. )olentino, "C *o. ;;2+, 4+::15
Respondent solicited Co%plainant<s client y persistently te+tin& and callin& the% to
transfer le&al representation )ith pro%ises of 'nancial aid and e+peditious collection of
clai%s0 Supre%e Court suspended Respondent0 8a)yers are re%inded that the practice of
la) is a profession and not a usiness0 8a)yers should not ad(ertise their talents as
%erchants ad(ertise their )ares as the contrary )ould co%%erciali=e the le&al practice,
de&rade the profession in the pulic<s esti%ation and i%pair its aility to e#ciently render
that hi&h character of ser(ice to )hich e(ery 7ar %e%er is called0 >ence, la)yers are
prohiited fro% solicitin& cases for the purpose of &ain, either personally or throu&h paid
a&ents or ro,ers0 Such actuation constitutions %alpractice H a &round for disar%ent0
<illatu!a v. )abalingcos, "C *o. ;;++, 4+:.+5
4 la)yer is not prohiited fro% en&a&in& in usiness or other la)ful occupation0
I%propriety arises, thou&h, )hen the usiness is of such a nature or is conducted in such a
%anner as to e inconsistent )ith the la)yer<s duties as a %e%er of the ar0 This
inconsistency arises )hen the usiness is one that can readily lend itself to the
procure%ent of professional e%ploy%ent for the la)yer$ or that can e used as a cloa, for
indirect solicitation on the la)yer<s ehalf$ or is of a nature that, if handled y a la)yer,
)ould e re&arded as the practice of la)0
6acana! v.Ba=er an$ Mc9enzie, .,; 'CR" ,31 4.1-/5
The use of the 'r% na%e 7a,er I .cJen=ie constitutes a representation that ein&
associated )ith the 'r% they could /render le&al ser(ices of the hi&hest -uality to
%ultinational usiness enterprises and others en&a&ed in forei&n trade and in(est%ent1
(p0 3, respondents< %e%o)0 This is unethical ecause 7a,er I .cJen=ie is not authori=ed
to practice la) here0
Air% 9a%e, 7ranch and .ain C#ce
B6ect of 9e&li&ence of a .e%er of a Air%
5ule /.0, % 6n the choice of a rm name, no false, misleading or assumed name shall
be used. (he continued use of the name of a deceased partner is permissible provided
that the rm indicates in all its communications that said partner is deceased.
K 4andon%ent of the rulin& in: (n the Matter of the etition for "uthorit! to
Continue Use of the Firm*ame > ?zaeta, Romulo, $e Leon, etc. etition for
"uthorit! to Continue Use of Firm *ame > '!ci8, 'alazar, Feliciano, etc. 4.1215
5ule /.0/ % 7here a partner accepts public ofce, he shall withdrawal from the rm
and his name shall be dropped from the rm name unless the law allows him to
practice law currently.
5ule /.01 % 3 lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal business.
Cruz v. 'alva, .:/ hil ../. 4.1/15
The la)yer<s actuations in this re&ard )ent )ell eyond the ounds of prudence,
discretion and &ood taste0 It is ad enou&h to ha(e such undue pulicity )hen a cri%inal
case is ein& in(esti&ated y the authorities, e(en )hen it ein& tried in court$ ut )hen
said pulicity and sensationalis% is allo)ed, e(en encoura&ed, )hen the case is on appeal
and is pendin& consideration y this Triunal, the )hole thin& eco%es ine+cusale, e(en
ahorrent, and this Court, in the interest of "ustice, is constrained and called upon to put
an end to it and a deterrent a&ainst its repetition y %etin& an appropriate disciplinary
%easure, e(en a penalty to the one liale0
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.andatory Continuin& 8e&al Bducation
7ar .atter 9o0 8L0, Cctoer 2, 20010
.e%ers of the I7!0
!urpose: To ensure that throu&hout their career, they ,eep areast )ith la) and
"urisprudence, %aintain the ethics of the profession and enhance the standards of the
practice of la)0 (Rule 1)
=embers of the 6<P not eCempt under 5ule - shall complete, every three )/+
years, at least thirty%siC )/*+ hours of continuing legal education activities
approved by the =CL4 Committee.
:f the /* hours&
)a) 4t least si+ (G) hours shall e de(oted to le&al ethics0
() 4t least (E) hours shall e de(oted to trial and pretrial s,ills0
(c) 4t least '(e (L) hours shall e de(oted to alternati(e dispute resolution0
(d) 4t least nine (M) hours shall e de(oted to updates on sustanti(e and
procedural la)s, and "urisprudence0
(e) 4t least four (E) hours shall e de(oted to le&al )ritin& and oral ad(ocacy0
(f) 4t least t)o (2) hours shall e de(oted to international la) and international
con(entions0
(&) The re%ainin& si+ (G) hours shall e de(oted to such su"ects as %ay e
prescried y the .C8B Co%%ittee0
The follo)in& %e%ers of the 7ar are e+e%pt fro% the .C8B re-uire%ent:
(a) The !resident and the ;ice !resident of the !hilippines, and the Secretaries and
Nndersecretaries of B+ecuti(es :epart%ents$
() Senators and .e%ers of the >ouse of Representati(es$
(c) The Chief Oustice and 4ssociate Oustices of the Supre%e Court, incu%ent and retired
%e%ers of the "udiciary, incu%ent %e%ers of the Oudicial and 7ar Council and
incu%ent court la)yers co(ered y the !hilippine Oudicial 4cade%y pro&ra% of continuin&
"udicial education$
(d) The Chief State Counsel, Chief State !rosecutor and 4ssistant Secretaries of the
:epart%ent of Oustice$
(e) The Solicitor 2eneral and the 4ssistant Solicitor 2eneral$
(f) The 2o(ern%ent Corporate Counsel, :eputy and 4ssistant 2o(ern%ent Corporate
Counsel$
(&) The Chair%en and .e%ers of the Constitutional Co%%issions$
(h) The C%uds%an, the C(erall :eputy C%uds%an, the :eputy C%uds%en and the
Special !rosecutor of the C#ce of the C%uds%an$
(i) >eads of &o(ern%ent a&encies e+ercisin& -uasi3"udicial functions$
(") Incu%ent deans, ar re(ie)s and professors of la) )ho ha(e teachin& e+perience for
at least 10 years accredited la) schools$
(,) The Chancellor, ;ice3Chancellor and %e%ers of the Corps of !rofessors and
!rofessorial 8ectures of the !hilippine Oudicial 4cade%y$ and
(l) 2o(ernors and .ayors0
(he following =embers of the <ar are likewise eCempt&
(a) Those )ho are not in la) practice, pri(ate or pulic0
() Those )ho ha(e retired fro% la) practice )ith the appro(al of the I7! 7oard of
2o(ernors0
9ection /. >ood cause for eCemption from or modication of reEuirement
4 %e%er %ay 'le a (eri'ed re-uest settin& forth &ood cause for e+e%ption (such as
physical disaility, illness, post &raduate study aroad, pro(en e+pertise in la), etc0) fro%
co%pliance )ith or %odi'cation of any of the re-uire%ents, includin& an e+tension of ti%e
for co%pliance, in accordance )ith a procedure to e estalished y the .C8B Co%%ittee0
2B9BR48 CC.!8I49CB !RCCB:NRBS: Rule 11
9ection '. Compliance card
Bach %e%er shall secure fro% the .C8B Co%%ittee a Co%pliance Card efore the
end of his co%pliance period0 >e shall co%plete the card y attestin& under oath
that he has co%plied )ith the education re-uire%ent or that he is e+e%pt,
specifyin& the nature of the e+e%ption0 Such Co%pliance Card %ust e returned to
the address indicated therein not later than the day after the end of the %e%er*s
co%pliance period0
9ection ,. =ember record keeping reEuirement&
Bach %e%er shall %aintain su#cient record of co%pliance or e+e%ption, copy
furnished the .C8B Co%%ittee0 The record re-uired to e pro(ided to the %e%ers
y the pro(ider pursuant to Section 3(c) of Rule M should e su#cient record of
attendance at a participatory acti(ity0 4 record of non3participatory acti(ity shall
also e %aintained y the %e%er, as referred to in Section 3 of Rule L.
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<itriolo v. 6asig, "C *o. 31-3, 4+::,5
2enerally spea,in&, la)yer )ho holds a &o(ern%ent o#ce %ay not e disciplined as a 7ar
%e%er for %isconduct in the dischar&e of his duties as a &o(ern%ent o#cial0 >o)e(er, if
said %isconduct as a &o(ern%ent o#cial also constitutes a (iolation of his oath as a
la)yer, then he %ay e disciplined y the Court as a 7ar %e%er0 Respondent<s
%isconduct as a C>B: la)yer is of such a character as to a6ect her -uali'cation as a 7ar
%e%er0 4s a la)yer, she ou&ht to ha(e ,no)n that it )as patently unethical and ille&al
for her to de%and su%s of %oney as consideration for the appro(al of applications and
re-uests a)aitin& action y her o#ce0
Lim v. Barcelona, "C *o. /3,-, 4+::35
If a la)yer<s %isconduct in the dischar&e of o#cial duties as a &o(ern%ent o#cial is of
such character as to a6ect his -uali'cation as a la)yer or sho)s %oral delin-uency, he
%ay e disciplined as a 7ar %e%er on such &round0 8a)yers in &o(ern%ent ser(ice in
the dischar&e of their o#cial tas,s ha(e %ore restrictions than la)yers in pri(ate practice0
@ant of %oral inte&rity is to e %ore se(erely conde%ned in a la)yer )ho holds a
responsile pulic o#ce0
5ule *.0' % (he primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done. (he suppression of facts or the concealment of
witnesses capable of establishing the innocence of the accused is highly
reprehensible and is cause for disciplinary action.
5ule *.0, % 3 lawyer in the government service shall not use his public position to
promote or advance his private interests, nor allow the latter to interfere with his
public duties.
5ule *.0/ % 3 lawyer shall not, after leaving government service, accept engagement
or employment in connection with any matter in which he had intervened while in said
service.
Catu v. Rellosa, "C *o. /2,-, 4+::-5
@hile Sec0 M0 of the 8ocal 2o(ern%ent Code su"ected certain electi(e local o#cials to the
proscription to practice their profession, no such interdiction is %ade on the punon&
aran&ay and %e%ers of the san&&unian& ara&ay0 >o)e(er, he should ha(e procured
prior per%ission or authori=ation fro% the Secretary of :I82 efore he entered his
appearance as counsel pursuant to Sec0 12, Rule 18 of the Re(ised Ci(il Ser(ice Rules0
9on3co%pliance there)ith constituted a (iolation of his oath as a la)yer to oey the la)s0
Lim-'antiago v. 'agucio, "C *o. ;2:/, 4+::;5
In order to char&e respondent for representin& con5ictin& interests, e(idence %ust e
presented to pro(e that respondent used a&ainst his for%er client, any con'dential
infor%ation ac-uired throu&h his pre(ious e%ploy%ent0
The only estalished participation respondent had )ith respect to the cri%inal co%plaint is
that he )as the one )ho conducted the preli%inary in(esti&ation0 Cn that asis alone, it
does not necessarily follo) that respondent used any con'dential infor%ation fro% his
pre(ious e%ploy%ent in resol(in& the cri%inal co%plaint0
C%% v. 'an$iganba!an, 3// 'CR" /+; 4+::/5
The %atter )hich )ill not dis-ualify a la)yer )ould e the %ere /draftin&, enforcin&, or
interpretin& &o(ern%ent or a&ency procedures, re&ulations or la)s, or rie'n& astract
principles of la)01 The /%atter1 )here .endo=a &ot hi%self in(ol(ed )ith )as in actin& as
counselor of the Central 7an,$ he infor%ed the% of the proper procedure pro(ided y la)
to li-uidate 2B9749J throu&h the 'lin& of the necessary petition in the RTC of .anila0
.endo=a is not pri(y to the decision of the Central 7an, to li-uidate 2B9749J nor )as he
in(ol(ed in the sale of 2B9749J to presently 4llied 7an,0 .oreo(er, Rule G003 of the Code
of !rofessional Responsiility cannot apply to .endo=a ecause his alle&ed inter(ention as
Solicitor 2eneral is an inter(ention on a %atter di6erent fro% the se-uestration of stoc,s
as ill3&otten )ealth in the Ci(il Case0
C23P(45 66. (24 L37845 3#D (24 L4>3L P5:$4996:#
C3#:# - % 3 L37845 923LL 3( 3LL (6=49 ;P2:LD (24 6#(4>56(8 3#D D6>#6(8 :$
(24 L4>3L P5:$4996:# 3#D 9;PP:5( (24 3C(6B6(649 :$ (24 6#(4>53(4D <35.
5ule -.0' % 3 lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in connection with his application for admission to the
bar.
5ule -.0, % 3 lawyer shall not support the application for admission to the bar of any
person known by him to be unEualied in respect to character, education, or other
relevant attribute.
5ule -.0/ % 3 lawyer shall not engage in conduct that adversely reGects on his tness
to practice law, nor shall he whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.
35#:<6( v. 35#:<6(
The fact that respondent<s philanderin& )ays are far re%o(ed fro% the e+ercise of his
profession )ould not sa(e the day for hi%0 Aor a la)yer %ay e suspended or disarred for
any %isconduct )hich, aleit unrelated to the actual practice of his profession, )ould
sho) hi% to e un't for the o#ce and un)orthy of the pri(ile&es )ith )hich his license
and the la) in(est hi%0
53$:L9 v. <3556:9
The attorney is a vanguard of our legal system, and, as such, is e+pected to %aintain
not only le&al pro'ciency ut also a (ery hi&h standard of %orality, honesty, inte&rity, and fair
dealin& in order that the people<s faith and con'dence in the le&al syste% are ensured0 Thus,
he %ust conduct hi%self, )hether in dealin& )ith his clients or )ith the pulic at lar&e, as to
e eyond reproach at all ti%es0
>3556D: v. >3556D:
4s a la)yer, his co%%unity loo,ed up to 4tty0 2arrido )ith the e+pectation and that he
)ould set a &ood e+a%ple in pro%otin& oedience to the Constitution and the la)s0 @hen
he (iolated the la) and distorted it to cater to his o)n personal needs and sel'sh %oti(es,
he discredited the le&al profession and created the pulic i%pression that la)s are %ere
tools of con(enience that can e used, ended and aused to satisfy personal )hi%s and
desires0 In this case, he also used the la) to free hi% fro% un)anted relationships0
=4#D:H3 v. D4C64=<54
The fact that there is no attorney3client relationship in this case and the transactions
entered into y respondent )ere done in his pri(ate capacity cannot shield respondent,
as a lawyer, from liability.
4 la)yer %ay e disciplined for acts co%%itted e(en in his pri(ate capacity for acts )hich
tend to rin& reproach on the le&al profession or to in"ure it in the fa(orale opinion of the
pulic0

Indeed, there is no distinction as to )hether the trans&ression is co%%itted in a
la)yer*s pri(ate life or in his professional capacity, for a la)yer %ay not di(ide his
personality as an attorney at one ti%e and a %ere citi=en at another0
C3#:# I % 3 L37845 923LL C:#D;C( 26=94L$ 76(2 C:;5(498, $365#499 3#D
C3#D:5 (:735D9 269 P5:$4996:#3L C:LL43>;49, 3#D 923LL 3B:6D 2353996#>
(3C(6C9 3>36#9( :PP:96#> C:;#94L.
5ule I.0' % 3 lawyer shall not, in his professional dealings, use language which is
abusive, o"ensive or otherwise improper.
3LC3#(353 v. P4$63#C:
Canon 8 of the Code of !rofessional Responsiility ad%onishes la)yers to conduct
the%sel(es )ith courtesy, fairness and candor to)ard their fello) la)yers0 8a)yers are
duty ound to uphold the di&nity of the le&al profession0 They %ust act honoraly, fairly
and candidly to)ard each other and other)ise conduct the%sel(es )ithout reproach at all
ti%es0
93<45:# v. L35:#>
To e sure, the ad(ersarial nature of our le&al syste% has te%pted %e%ers of the ar to
use stron& lan&ua&e in pursuit of their duty to ad(ance the interests of their clients0
>o)e(er, )hile a la)yer is entitled to present his case )ith (i&or and coura&e, such
enthusias% does not "ustify the use of o6ensi(e and ausi(e lan&ua&e0 8an&ua&e aounds
)ith countless possiilities for one to e e%phatic ut respectful, con(incin& ut not
dero&atory, illu%inatin& ut not o6ensi(e0
5ule I.0, % 3 lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer, however, it is the right of any lawyer, without fear or
favor, to give proper advice and assistance to those seeking relief against unfaithful
or neglectful counsel.
C3=3C2: v. P3#>;L383#, 4(. 3L.
4lthou&h a)are that the students )ere represented y counsel, respondent attorney
proceeded, nonetheless, to ne&otiate )ith the% and their parents )ithout at the (ery least
co%%unicatin& the %atter to their la)yer, herein co%plainant, )ho )as counsel of record0
This failure of respondent, )hether y desi&n or ecause of o(ersi&ht, is an ine+cusale
(iolation of the canons of professional ethics and in utter disre&ard of a duty o)in& to a
collea&ue0 Respondent fell short of the de%ands re-uired of hi% as a la)yer and as a
%e%er of the 7ar0
>35C63 v. L:P4H
Respondent %ade it appear that he )as enterin& his appearance as counsel for all the
heirs of Sar%iento )hich )as hi&hly unfair to co%plainant )ho had )or,ed on the case
fro% the (ery e&innin& and )ho had not een dischar&ed as such0 It is true that )ithout
the for%al )ithdra)al of co%plainant as counsel of record, respondent )ould %erely e
considered as collaoratin& counsel0 9e(ertheless, y ein& less than candid aout )ho%
he )as representin&, respondent undenialy encroached upon the le&al functions of
co%plainant as the counsel of record0
C3#:# . % 3 L37845 923LL #:(, D654C(L8 :5 6#D654C(L8, 39969( 6# (24
;#3;(2:56H4D P53C(6C4 :$ L37.
5ule ..0' % 3 lawyer shall not delegate to any unEualied person the performance of
any task which by law may only be performed by a member of the bar in good
standing.
C3=<3L6H3 v. C569(3L%(4#:56:
The ter% /practice of la)1 i%plies custo%arily or haitually holdin& oneself out to the
pulic as a la)yer for co%pensation as a source of li(elihood or in consideration of his
ser(ices0 >oldin& one<s self out as a la)yer %ay e sho)n y acts indicati(e of that
purpose li,e identifyin& oneself as attorney, appearin& in court in representation of a
client, or associatin& oneself as a partner of a la) o#ce for the &eneral practice of la)0
Such acts constitute unauthori=ed practice of la)0
5ule ..0, % 3 lawyer shall not divide or stipulate to divide a fee for legal services with
persons not licensed to practice law, eCcept&
)a+ 7here there is a pre%eCisting agreement with a partner or associate that,
upon the latter?s death, money shall be paid over a reasonable period of time to
his estate or to persons specied in the agreement! or
)b+ 7here a lawyer undertakes to complete unnished legal business of a
deceased lawyer! or
)c+ 7here a lawyer or law rm includes non%lawyer employees in a retirement
plan even if the plan is based in whole or in part, on a prot sharing agreement.
(;=<:A:# v. P4$63#C:
Respondent<s ad%ission to ha(e underta,en the pay%ent of co%plainant*s co%%ission
ut passin& on the responsiility to his clients clearly de%onstrate that he has (iolated
Rule M002, Canon M of the Code )hich prohiits a la)yer fro% di(idin& or stipulatin& to
di(ide a fee for le&al ser(ices )ith persons not licensed to practice la), e+cept in certain
cases )hich do not otain in the case at ar0
C23P(45 666. (24 L37845 3#D (24 C:;5(9
C3#:# '0 % 3 L37845 :749 C3#D:5, $365#499 3#D >::D $36(2 (: (24 C:;5(.
5ule '0.0' % 3 lawyer shall not do any falsehood, nor consent to the doing of any in
Court! nor shall he mislead, or allow the Court to be misled by any artice.
5ule '0.0, % 3 lawyer shall not knowingly misEuote or misrepresent the contents of a
paper, the language or the argument of opposing counsel, or the teCt of a decision or
authority, or knowingly cite as law a provision already rendered inoperative by repeal
or amendment, or assert as a fact that which has not been proved.
2;489;73#%$L:56D: v. $L:56D:
Candor and fairness are de%anded of e(ery la)yer0 The urden cast on the "udiciary )ould
e intolerale if it could not ta,e at face (alue )hat is asserted y counsel0 The ti%e that
)ill ha(e to e de(oted "ust to the tas, of (eri'cation of alle&ations su%itted could easily
e i%a&ined0 B(en )ith due reco&nition then that counsel is e+pected to display the
ut%ost =eal in the defense of a client<s cause, it %ust ne(er e at the e+pense of the truth0
De HuJuarregui, Dr. B. 9oguilon
4n attorney3at3la) is not e+pected to ,no) all the la)0 Aor an honest %ista,e or error, an
attorney is not liale0 Chief Oustice 4ott said that, /no attorney is ound to ,no) all the
la)$ 2od forid that it should e i%a&ined that an attorney or a counsel, or e(en a "ud&e,
is ound to ,no) all the la)01 (Montorious v. Jeferys, 2 Car0 I !0 113, cited in In Re Ailart,
E0 !hil0 20L, 208)0P1QR
5ule '0.0/ % 3 lawyer shall observe the rules of procedure and shall not misuse them
to defeat the ends of justice.
5ule '0.01 @ 3 lawyer shall, when ling a pleading, furnish the opposing party with a
copy thereof, together with all the documents anneCed thereto. ;nless a motion is eC
parte, he should set it for hearing with sufcient notice to the other party.
=ariveles B. =allari
Su#ce it to state that a la)yer has no usiness practicin& his profession if in the course of
that practice, he )ill e(entually )rec, and destroy the future and reputation of his client
and thus dis&race the la) profession0
=acias B. 9elda
@hen respondent e+ecuted his a#da(it of .ay 22, 2000 retractin& his reason for
)ithdra)in& as counsel for 9or%a T0 8i%, he ac,no)led&ed, under oath, his
%isrepresentation0 >e %isled the court in clear (iolation of his oath as la)yer and failed
to aide y the Code of !rofessional Responsiility0
L6<6( v. :L6B3
It cannot e &ainsaid that candidness, especially to)ards the courts, is essential for the
e+peditious ad%inistration of "ustice0 Courts are entitled to e+pect only co%plete candor
and honesty fro% the la)yers appearin& and pleadin& efore the%0 4 la)yer, on the other
hand, has the funda%ental duty to satisfy the e+pectation0 It is essential that la)yers ear
in %ind at all ti%es that their 'rst duty is not to their clients ut rather to the courts, that
they are ao(e all court o#cers s)orn to assist the courts in renderin& "ustice to all and
sundry, and only secondarily are they ad(ocates of the e+clusi(e interests of their clients0
Aor this reason, he is re-uired to s)ear to do no falsehood, nor consent to the doin& of any
in court0
=:L6#3 v. =3>3(
In this case, the Court a&rees )ith the oser(ation of the I7! that there )as a delierate
intent on the part of 4tty0 .a&at to %islead the court )hen he 'led the %otion to dis%iss
the cri%inal char&es on the asis of doule "eopardy0 4tty0 .a&at should not %a,e any
false and untruthful state%ents in his pleadin&s0 If it )ere true that there )as a si%ilar
case for sli&ht physical in"uries that )as really 'led in court, all he had to do )as to secure
a certi'cation fro% that court that, indeed, a case )as 'led0
C45B3#(49 v. 93<6:
The I7! found that y 'lin& the &roundless riery char&e a&ainst co%plainant,
respondent (iolated the proscription of the Code of !rofessional Responsiility a&ainst
?)ittin&ly or )illin&ly pro%otPin&R or suPin&R any &roundless suit? includin& aseless
ad%inistrati(e co%plaints a&ainst "ud&es and other court o#cers and e%ployees0
3L:#9: v. 54L3=6D3
4 la)yer o)es 'delity to the cause of his client, ut not at the e+pense of truth and the
ad%inistration of "ustice0 The 'lin& of %ultiple petitions constitutes ause of the court<s
processes and i%proper conduct that tends to i%pede, ostruct and de&rade the
ad%inistration of "ustice and )ill e punished as conte%pt of court0
C3#:# '' % 3 L37845 923LL :<945B4 3#D =36#(36# (24 549P4C( D;4 (: (24
C:;5(9 3#D (: D;D6C63L :$$6C459 3#D 92:;LD 6#969( :# 96=6L35 C:#D;C( <8
:(2459.
5ule ''.0' % 3 lawyer shall appear in court properly attired.
5ule ''.0, % 3 lawyer shall punctually appear at court hearings.
5ule ''.0/ % 3 lawyer shall abstain from scandalous, o"ensive or menacing language
or behavior before the Courts.
5ule ''.01 % 3 lawyer shall not attribute to a Dudge motives not supported by the
record or have no materiality to the case.
5ule ''.0F @ 3 lawyer shall not criticiJe the personal or ofcial conduct of a judge in
an insulting and intemperate language.
5ule ''.0* % 3 lawyer shall submit grievances against a Dudge to the proper
authorities only.
H3LD6B35 v. >:#H3L49
The court sou&ht to con(ey that it re&arded the contu%acious acts or state%ents ()hich
)ere %ade oth in a pleadin& 'led efore the Court and in state%ents &i(en to the %edia)
and the %isconduct of respondent 2on=ale= as serious acts 5aunted in the face of the
Court and constitutin& a frontal assault upon the inte&rity of the Court and, throu&h the
Court, the entire "udicial syste%0
=3C4D3 v. :=<;D9=3#
In the asence of any ad%inistrati(e action ta,en a&ainst hi% y this Court )ith re&ard to
his certi'cates of ser(ice, the in(esti&ation ein& conducted y the C%uds%an
encroaches into the Court*s po)er of ad%inistrati(e super(ision o(er all courts and its
personnel, in (iolation of the doctrine of separation of po)ers0
C3#:# ', % 3 L37845 923LL 4K45( 4B458 4$$:5( 3#D C:#96D45 6( 269 D;(8 (:
39969( 6# (24 9P44D8 3#D 4$$6C64#( 3D=6#69(53(6:# :$ D;9(6C4.
5ule ',.0' % 3 lawyer shall not appear for trial unless he has adeEuately prepared
himself on the law and the facts of his case, the evidence he will adduce and the
order of its pro"errence. 2e should also be ready with the original documents for
comparison with the copies.
3$;5:#> v. 3L;6#:
Respondent co%%itted falsehood )hen he stated in his Nr&ent .otion for !ostpone%ent
that he had to attend the hearin& of a special proceedin&s case the sa%e day as the pre3
trial of Ci(il Case 9o0 MQMQG0 Respondent hi%self ad%itted that he only included such
state%ent /in order to &i(e %ore Sforce<1 to the Nr&ent .otion for !ostpone%ent0 Such act
(iolates the Canons of !rofessional Bthics )hich oli&es an attorney to a(oid the
conceal%ent of the truth fro% the court0 4 la)yer is %andated not to %islead the court in
any %anner0
5ule ',.0, % 3 lawyer shall not le multiple actions arising from the same cause.
5ule ',.0/ % 3 lawyer shall not, after obtaining eCtensions of time to le pleadings,
memoranda or briefs, let the period lapse without submitting the same or o"ering an
eCplanation for his failure to do so.
;BRIAIC4TIC9 49: CBRTIAIC4TIC9 CA 9C93ACRN. S>C!!I92
I, (na%e of !etitioner), of le&al a&e, %arried and a resident of (place of residence) after ha(in&
een duly s)orn in accordance )ith la) herey state:
10That I a% the petitioner of the ao(e instant case0
20That I ha(e caused the preparation of the ao(e3entitled petition0
30That I ha(e read the sa%e and that it is true and correct ased on %y personal ,no)led&e or
ased on authentic records0
E0That I herey certify under oath in this petition as follo)s:
40 I ha(e not theretofore co%%enced any action or 'led any action or clai% in(ol(in& the
sa%e issue in any court, triunal or -uasi3"udicial a&ency and, to the est of %y
,no)led&e, no such other pendin& action or clai% is pendin& therein$
70 If there is such other pendin& action or clai%, a co%plete state%ent of the present
status thereof$ and
c0 If I should thereafter learn that the sa%e or si%ilar action or clai% has een 'led or is
pendin&, I shall report that fact )ithin '(e (L) days therefro% to the court )herein the
aforesaid co%plaint or initiatory pleadin& has een 'led0
I9 @IT9BSS @>BRBCA, I hereunto a#+ %y si&nature this (date and place)0
TTTTTTTTTTT
$3<5:3 v. P3>;6#(:
@hen, after otainin& an e+tension of ti%e to 'le co%%ent on the co%plaint, respondent
failed to 'le any and i&nored this Court<s suse-uent sho) cause order, he (iolated Rule
12003 of the Code of !rofessional Responsiility, )hich states that /4 la)yer shall not, after
otainin& e+tensions of ti%e to 'le pleadin&s, %e%oranda or riefs, let the period lapse
)ithout su%ittin& the sa%e or o6erin& an e+planation for his failure to do so01
$:5:#D3 v. >;45545:
It has, thus, een clearly estalished that in 'lin& such nu%erous petitions in ehalf of his
client, the respondent therey en&a&ed in foru% shoppin&0 The essence of foru%
shoppin& is the 'lin& of %ultiple suits in(ol(in& the sa%e parties for the sa%e cause of
action, either si%ultaneously or successi(ely, for the purpose of otainin& a fa(orale
"ud&%ent0 It e+ists )hen, as a result of an ad(erse opinion in one foru%, a party see,s a
fa(orale opinion in another, or )hen he institutes t)o or %ore actions or proceedin&s
&rounded on the sa%e cause to increase the chances of otainin& a fa(orale decision0
4n i%portant factor in deter%inin& the e+istence of foru% shoppin& is the (e+ation caused
to the courts and the parties3liti&ants y the 'lin& of si%ilar cases to clai% sustantially
the sa%e reliefs0
5ule ',.01 % 3 lawyer shall not unduly delay a case, impede the eCecution of a
judgment or misuse Court processes.
5ule ',.0F % 3 lawyer shall refrain from talking to his witness during a break or
recess in the trial, while the witness is still under eCamination.
L;4 v. 54B6LL3
@e 'nd neither sincerity nor honest elief on the part of the respondent in pleadin& the
soundness and %erit of the cases that he 'led in court to pre(ent the e+ecution of the
.eTC and RTC decisions, considerin& his o)n conduct of presentin& con5ictin& theories in
his petitions0 The succession of cases he 'led sho)s a desperation that ne&ates the
sincere and honest elief he clai%s$ these are si%ply scattershot %eans to achie(e his
o"ecti(e of a(oidin& the e+ecution of the unla)ful detainer "ud&%ent a&ainst his clients0
5ule ',.0* % 3 lawyer shall not knowingly assist a witness to misrepresent himself
or to impersonate another.
5ule ',.0- % 3 lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.
5ule ',.0I % 3 lawyer shall avoid testifying in behalf of his client, eCcept&
)a+ on formal matters, such as the 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.
C3#:# '/ % 3 L37845 923LL 54L8 ;P:# (24 =456(9 :$ 269 C3;94 3#D 54$536#
$5:= 3#8 6=P5:P564(8 726C2 (4#D9 (: 6#$L;4#C4, :5 >6B49 (24 3PP4353#C4
:$ 6#$L;4#C6#> (24 C:;5(.
5ule '/.0' % 3 lawyer shall not eCtend eCtraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with Dudges.
5ule '/.0, % 3 lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party.
5ule '/.0/ % 3 lawyer shall not brook or invite interference by another branch or
agency of the government in the normal course of judicial proceedings.