ANNOTATION

THE LEGAL PROFESSIONA MATTER OF PRIVILEGE

By
JULIANA DE CASTRO-AZARRAGA*
_____________________________
1.Introduction, p. 22
2.Practice of law, meaning, p. 23
3.Lawyers are officers of the court, p. 25
4.Duties of lawyers to their clients, p. 29
5.What constitutes misconduct, p. 30
6.Good moral character; Meaning, p. 31
7.Clients bound by counsels conduct, p. 33
8.Duty to a brother in the profession, p. 34
9.Advertisement of legal services and expertise prohibited, p. 34
10.Professional fees, p. 35
11.Conflict of interest; Rule, p. 36
12.Disciplining lawyers in the government, p. 37
13.Suspension from the practice; Effect of, p. 38
14.The power to disbar, p. 38
15.Nature of disciplinary proceedings against attorneys, p. 39
___________________________
1. Introduction
The Supreme Court and the Philippine Bar have always tried to maintain a high
standard for the legal profession, both in academic preparation and legal training,
as well as in honesty and fair dealing. The Court and the licensed lawyers
themselves are vitally interested in keeping the high standard; and one of the ways
of achieving this end is to admit to the practice of this noble profession only those
persons who
_____________
* Judge, Regional Trial Court, Br. 15, Roxas City.
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The Legal ProfessionA Matter of Privilege
are known to be honest and to possess good moral character. x x x (In re Parazo,
82 Phil. 230).
Law is a noble profession, and the privilege to practice it is bestowed only upon
individuals who are competent intellectually, academically and, equally important,
morally. Because they are vanguards of the law and the legal system, lawyers must
at all times conduct themselves, especially in their dealings with their clients and
the public at large, with honesty and integrity in a manner beyond reproach
(Resurreccion vs. Sayson, 300 SCRA 129 [19981).
2. Practice of law, meaning

Practice of law means any activity, in or out of court, which requires the application
of law, legal procedure, knowledge, training and experience (Cayetano vs. Monsod,
201 SCRA 210).
Black defines practice of law as:
The rendering of services requiring the knowledge and the application of legal
principles and technique to serve the interest of another with his consent. It is not
limited to appearing in court, or advising and assisting in the conduct of the
litigation, but embraces the preparation of pleadings, and other papers incident to
actions and special proceedings, conveyancing, the preparation of legal instruments
of all kinds, and the giving of legal advice to clients. It embraces all advice to clients
and all actions taken for them in matters connected with the law. An attorney
engages in the practice of law by maintaining an office where he is held out to be
an attorney, using a letterhead describing himself as attorney, counseling clients in
legal matters, negotiating with opposing counsel about pending litigation, and fixing
and collecting fees for services rendered by his associate (Blacks Dictionary, 3rd
ed.)
This Court, in the case of Philippine Lawyers Association vs. Agrava (105 Phil. 173)
stated:
The practice of law is not limited to the conduct of cases or litigation in court; it
embraces the preparation of pleadings and other papers incident to actions and
special proceedings, the man24
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The Legal ProfessionA Matter of Privilege
agement of such actions and proceedings on behalf of clients before judges and
courts, and in addition, conveying. In general, all advice to clients, and all action
taken for them in matters connected with the law, incorporation services,
assessment and condemnation services contemplating an appearance before a
judicial body, the foreclosure of a mortgage, enforcement of a creditors claim in
bankruptcy and insolvency proceedings, and conducting proceedings in attachment,
and in matters of estate and guardianship have been held to constitute law
practice, as do the preparation and drafting of legal instruments, where the work
done involves the determination by the trained legal mind of the legal effect of facts
and conditions (5 AM Jur., pp. 262, 263).
Practice of law under modern conditions consists in no small part of work
performed outside of any court and having no immediate relation to proceedings in
court. It embraces conveyancing, the giving of legal advice on a large variety of
subjects, and the preparation and execution of legal instruments covering an
extensive field of business and trust relations and other affairs. Although these
transactions may have no direct connection with court proceedings, they are always
subject to become involved in litigation. They require in many aspects, a high
degree of legal skill, a wide experience with men and affairs, and great capacity for
adaptation to difficult and complex situations. These customary functions of an
attorney or counselor at law bear an intimate relation to the administration of
justice by the courts. No valid distinction, so far as concerns the question set forth
in the order, can be drawn between that part of the work of the lawyer which
involves appearance in court and that part which involves advice and drafting of
instruments in his office. It is of importance to the welfare of the public that these

manifold customary functions be performed by persons possessed of adequate

learning and skill, of sound moral character, and acting at all times under the heavy
trust obligations to clients which rests upon all attorneys. (Moran, Comments on
the Rules of Court, Vol. 3 [1953 ed.], pages 665-666, citing In re Opinion of the
Justices [Mass.], 194 N.E. 313, quoted in Rhode Is. Bar Association vs. Automobile
Service Association [R.I.] 179 A. 139, 144).
The University of the Philippines Law Center in conducting orientation briefing for
new lawyers (1974-1975), listed the dimensions of the practice of law in even
broader terms as advocacy, counseling and public service.
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One may be a practicing attorney in following any line of employment in the
profession. If what he does exacts knowledge of the law and if a kind usual for
attorneys engaging in the active practice of their profession, and he follows some
one or more lines of employment such as this he is a practicing attorney at law
within the meaning of the statute. (Barr vs. Cardell, 155 NW 312).
3. Lawyers are officers of the court
Under the Code of Professional Responsibility, a lawyer owes candor, fairness and
good faith to the courts (Benguet Electric Coop., Inc. vs. Flores, 287 SCRA 449). A
lawyer must be a disciple of truth. Under the Code of Professional Responsibility, he
owes candor, fairness and good faith to the courts (Canon 10 of the Code of
Professional Responsibility). He shall neither do any falsehood, nor consent to the
doing of any. He also has a duty not to mislead or allow the courts to be misled by
any artifice (Rule 10.01, Rule 10, Code of Professional Responsibility).
Trifling with judicial processes by resorting to forum shopping, a lawyers suspension
from the practice of law for one (1) year is proper (Benguet Electric Coop., Inc. vs.
Flores, supra). In filing with different courts a total of six appeals, complaints and
petitions which frustrated and delayed the execution of a final judgment, the
Supreme Court held that respondent lawyer made a mockery of the judicial
processes and disregarded canons of professional ethics in intentionally frustrating
the rights of a litigant in whose favor a judgment in the case was rendered and,
thus, abused procedural rules to defeat the ends of substantial justice (Millare vs.
Montero, 246 SCRA 1). The Supreme Court meted the erring lawyer with a penalty
of suspension from the practice of law for one (1) year.
In Benguet vs. Flores, 287 SCRA 449, the Court reminds the respondent that, under
the Code of Professional Responsibility, he had a duty to assist in the speedy and
efficient administration of justice.
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The Legal ProfessionA Matter of Privilege
a) Duty to the court is foremost.
A lawyer is, first and foremost, an officer of the court. His duties to the court are
more significant than those which he owes to his client (City Sheriff, lligan City vs.
Fortunado, 288 SCRA 190).

Failure of a lawyer to inform the court within thirty (30) days of the death of his
client (Sec. 16, Rule 3, Rules of Court) and to give the name and address of his legal
representative or representatives; as well as counsels failure to inform the Court of
his change of address, are grounds for disciplinary action (City Sheriff, lligan City vs.
Fortunado, supra).
A lawyers first duty is not to his client but to the administration of justice; to that
end, his clients success is wholly subordinate; and his conduct ought to and must
always be scrupulously observant of the law and the ethics of the profession
(Agpalo, Legal Ethics, 1989 ed., p. 110). While lawyers owe entire devotion to the
interest of their clients and zeal in the defense of their clients right, they should not
forget that they are officers of the court, bound to exert every effort to assist in the
speedy and efficient administration of justicethey should not, therefore, misuse
the rules of procedure to defeat the ends of justice or unduly delay a case, impede
the execution of a judgment or misuse court processes (Eternal Gardens Memorial
Park Corp. vs. Court of Appeals, 293 SCRA 622).
b) Candor, fairness and good faith to the courts.
As between the lawyer and the courts, a lawyer owes candor, fairness and good
faith to the court (Canon 10, Code of Professional Responsibility). He is an officer of
the court exercising a privilege which is indispensable in the administration of
justice (Agpalo, Legal Ethics, 1992 ed., 109). Candidness, especially towards the
courts, is essential for the expeditious administration of justice. Courts are entitled
to expect only complete honesty from lawyers appearing and pleading before them
(Canon 22, Canons of Professional Ethics; Chavez vs. Viola, Adm. Case No. 2152,
196 SCRA 10). Candor in all dealings is the very essence of honorable membership
in the
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legal profession (Cuaresma vs. Daquis, et al., 63 SCRA 257; Libit vs. Oliva, et al, 237
SCRA 375). More specifically, a lawyer is obliged to observe the rules of procedure
and not to misuse them to defeat the ends of justice (Rule 10.03, Canon 10, Code of
Professional Responsibility). It behooves a lawyer therefore, to exert every effort and
consider it his duty to assist in the speedy, efficient and impartial administration of
justice (Canon 12, Code of Professional Responsibility). Being an officer of the court,
a lawyer has the responsibility in the proper administration of justice. Like the court
itself, he is an instrument to advance its endsthe speedy, efficient, impartial,
correct and inexpensive adjudication of cases and the prompt satisfaction of final
judgments. A lawyer should not only help attain these objectives but should likewise
avoid any unethical or improper practices that impede, obstruct or prevent their
realization, charged as he is with the primary task of assisting in the speedy and
efficient administration of justice (Far Eastern Shipping Co. vs. Court of Appeals, 297
SCRA 30, citing Chua Huat, et al. vs. Court of Appeals, et al., 199 SCRA 1).
Pro forma compliance with the Rules but apparently without full comprehension of
and with less than faithful commitment to its undertakings to the Court, counsel for
FESC, the law firm of Del Rosario and Del Rosario, displayed an unprofessional
tendency of taking the Rules for granted which actuations should not be allowed to
pass judicial muster (Far Eastern Shipping Co. vs. Court of Appeals, supra). It bears
stressing that procedural rules are instruments in the speedy and efficient

administration of justice. They should be used to achieve such end and not to derail
it (Gabriel, et al. vs. Court of Appeals, et al., 72 SCRA 273).
c) Lawyer not just an instrument of his client; Meaning.
A lawyer is not just an instrument of his clienthe bears as much responsibility for
the contemptuous allegations in the motion for inhibition as his client. In
extenuation of his own liability, Atty. Rayos claims he merely did what he had been
bidden to do by his client of whom he was merely a mouth28
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SUPREME COURT REPORTS ANNOTATED
The Legal ProfessionA Matter of Privilege
piece. He was just lawyering and he cannot be gagged, even if the allegations
in the motion for inhibition which he prepared and filed were false since it was his
client who verified the same. Atty. Rayos, however, cannot evade responsibility for
the allegations in question. As a lawyer, he is not just an instrument of his client. His
client came to him for professional assistance in the representation of a cause, and
while he owed him whole-soul devotion, there were bounds set by his responsibility
as a lawyer which he could not overstep. Even a hired gun cannot be excused for
what Atty. Rayos stated in the motion. Based on Canon II of the Code of Professional
Responsibility, Atty. Rayos bears as much responsibility for the contemptuous
allegations in the motion for inhibition of his client (Wicker vs. Arcangel, 252 SCRA
444).
A lawyers employment of his legal knowledge to unnecessarily and unjustly delay a
case is deplorable and merits reprimand (Del Mundo vs. Court of Appeals, 252 SCRA
432).
A lawyer, by his deceitful actuations constituting violations of the Code of
Professional Responsibility, must be subjected to disciplinary measures for his own
good, as well as for the good of the entire membership of the Bar as a whole (Igual
vs. Javier, 254 SCRA 416).
A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda
or briefs, let the period lapse without submitting the same or offering an
explanation for his failure to do so (People vs. Compendio, Jr., 258 SCRA 254).
The unconscionable failure of a partys lawyer to inform such client of receipt of the
court order and the motion for extension, and to take the appropriate action against
either or both to protect his clients rights amounted to connivance with the
prevailing party which constitutes extrinsic fraud (Bayog vs. Natino, 258 SCRA 378).
d) Presumption of regularity in the performance of his duties.
A lawyer is an officer of the court, and he has in his favor the presumption of
regularity in the performance of his sworn
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duties and responsibilities (People vs. Sabban, 260 SCRA 630).
4. Duties of lawyers to their clients
In the creation of lawyer-client relationship, there are rules, ethical conduct and
duties that breathe life into it (Regala vs. Sandiganbayan, 262 SCRA 122).

Where a lawyer expressly admitted having received money intended for a party and
persistently refused to turn over and deliver the same despite various repeated
demands, it could only be concluded that he misappropriated the same (Castillo vs.
Taguines, 254 SCRA 554).
It is the duty of a counsel upon whom a pre-trial notice is served to see to it that his
client receives such notice and attends the pre-trial, otherwise, he will be liable for
grave administrative disciplinary action (Five Star Bus Co., Inc. vs. Court of Appeals,
259 SCRA 120). A client is bound by the negligence of his counsel (Five Star Bus Co.,
Inc. vs. Court of Appeals, supra).
An attorneys conversion of his clients money constitutes deceit, malpractice and
gross misconduct (Daroy vs. Legaspi, 65 SCRA 34). The fact that a lawyer has a lien
for fees on money in his hands collected for his client, does not relieve him of his
duty to account for the moneys received; his failure to do so constitutes
professional misconduct (Tanhueco vs. De Dumo, 172 SCRA 760).
It is the duty of a lawyer to safeguard his clients interest (Tolentino vs. Mangapit,
124 SCRA 741).
a) Nature of lawyer-client relationship.
The lawyer-client relationship is characterized as fiduciary. Members of the bar are
expected to always live up to the standards embodied in the Code of Professional
Responsibility, particularly, Canons 15, 16, 17 and 20, for the relationship between
an attorney and client is highly fiduciary in nature and demands utmost fidelity and
good faith (Igual vs. Javier, 254 SCRA 416).
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5. What constitutes misconduct
a) Definition.
Misconduct is defined as such as affects his performance of his duties as an officer
and not only as affects his character as a private individual. In such cases, it has
been said at all times, it is necessary to separate the character of the man for the
character of the officer (Palma, Sr. vs. Fortich, 147 SCRA 397).
Failure to account for the moneys received for his client to the latter constitutes
professional misconduct (Tanhueco vs. De Dumo, 172 SCRA 760).
Generally, a lawyer should not be suspended or disbarred for misconduct committed
in his personal or non-professional capacity. Where, however, misconduct outside
his professional dealings becomes so patent and so gross as to demonstrate moral
unfitness to remain in the legal profession, the Court must suspend or strike out the
lawyers name from the Roll of Attorneys. The nature of the office of an attorney at
law requires that he shall be a person of good moral character. This qualification is
not only a condition precedent to admission to the practice of law; its continued
possession is also essential for remaining in the practice of law, in the exercise of
the privileges of members of the Bar. Gross misconduct on the part of a lawyer,
although not related to the discharge of professional duties as a member of the Bar,
which puts his moral character in serious doubts, renders him unfit to continue in
the practice of law (Melendrez vs. Decena, 176 SCRA 662).
The exploitative deception exercised by respondent attorney upon the complainants
in his private transactions with them, and the exacting of unconscionable rates of
interest, considered together with the acts of professional misconduct committed by

respondent attorney, compel this Court to the conviction that he has lost that good
moral character which is indispensable for continued membership in the Bar
(Melendrez vs. Decena, 176 SCRA 662).
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Canon 11 of the Code of Professional Responsibility
Canon 11A lawyer shall observe and maintain the respect due to the courts and
to judicial officers and should insist on similar conduct of others.
Rule 11.01.
Rule 11.02.
Rule 11.03.A lawyer shall abstain from scandalous, offensive or menacing
language or behavior before the courts.
Rule 11.04.A lawyer should not attribute to a Judge motives not supported by the
record or have no materiality to the case.
Rule 11.05.. . .
The use by an attorney of an intemperate and disrespectful language to the judge
while it is in session constitutes direct contempt of court which can be summarily
punished. Five days imprisonment is sufficient (Sulti vs. Tiongco, 15 SCRA 207).
6. Good moral character; Meaning
Although the term good moral character admits of broad dimensions, it has been
defined as including at least common honesty (Rayong vs. Oblena, Adm. Case No.
376, April 30, 1963, 7 SCRA 859; In Re Del Rosario, 52 Phil. 399 [1928]. It has also
been held that no moral qualification for bar membership is more important than
truthfulness or candor (Fellner vs. Bar Association of Baltimore City, 131 A 2d. 729).
a) Knowingly making a false statement or suppression of material fact.
A lawyers declaration in his Application for Admission to the 1991 Bar that he was
single when in fact he was married is a gross misrepresentation of a material fact
made in utter bad faith for which he should be made answerable. Rule 7.01, Canon
7, Chapter 11 of the Code of Professional Responsibility explicitly provides:
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A lawyer shall be answerable for knowingly making a false statement or
suppression of a material fact in connection with his application for admission to the
Bar.
This statement, if it had been known, could have disqualified him outright from
taking the Bar Examination as it indubitably exhibits lack of good moral character
(Leda vs. Tabang, 206 SCRA 395).
The rule is settled that good moral character is not only a condition precedent for
admission to the legal profession, but it must also remain intact in order to maintain
ones good standing in that exclusive and honored fraternity (Tapucar vs. Tapucar,
293 SCRA 331).
b) Lack of candor and honesty.
Respondents lack of good moral character is only too evident. He has resorted to
conflicting submissions before this Court to suit himself. He has also engaged in

devious tactics with complainant in order to serve his purpose. In so doing, he has
violated Canon 10 of the Code of Professional Responsibility, which provides that a
lawyer owes candor, fairness and good faith to the Court, as well as Rule 10.01
thereof, which states that a lawyer should do no falsehood nor consent to the
doing of any in Court, nor shall he mislead, or allow the court to be misled by any
artifice. Courts are entitled to expect only complete candor and honesty from the
lawyers appearing and pleading before them (Chavez vs. Viola, Adm. Case No.
2152, 19 April 1991, 196 SCRA 10).
c) Immorality.
Immoral conduct defined.
Immoral conduct is that conduct which is so willful, flagrant, or shameless as to
show indifference to the opinion of good and respectable members of the
community (Narag vs. Narag, 291 SCRA 451).
An attorney who convinces a married woman to marry him, who later abandons her
with a child and thereafter contracts a second marriage, constitutes grossly immoral
conduct and
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can be sufficient basis for disbarment (Terre vs. Terre, 211 SCRA 6).
d) Contempt of Court; Direct and Indirect.
To constitute direct contempt, the alleged misbehavior must have been committed
in the presence of or so near a court or judge as to obstruct or interrupt proceedings
before the Court (Barrete vs. Amila, 230 SCRA 219).
A case is one for direct contempt where it involves a pleading allegedly containing
derogatory, offensive or malicious statements submitted to the court or judge in
which the proceedings are pending, as distinguished from a pleading filed in
another case (Wicker vs. Arcangel, 252 SCRA 444).
In the case of indirect or constructive contempt, the contemnor may be punished
only after a charge in writing has been filed and an opportunity given to the
accused to be heard by himself or counsel, whereas in the case of direct contempt
the respondent may be summarily adjudged in contempt; the judgment in cases of
indirect contempt is appealable whereas in direct contempt only judgments of
contempt by the MTCs, MCTCs and MeTCs are appealable (Wicker vs. Arcangel,
supra).
7. Clients bound by counsels conduct
e) Negligence of counsel.
Negligence of counsel binds the client (B.R. Sebastian Enterprises, Inc. vs. CA, 58). A
lawyer shall not neglect a legal matter entrusted to him, and his negligence in
connection therewith shall render him liable (Francisco, Jr. vs. Bosa, 205 SCRA 722).
It is an equally settled rule that the client is bound by his counsels conduct,
negligence and mistake in handling the case, and the client cannot be heard to
complain that the result might have been different had his lawyer proceeded
differently (Vivero vs. Santos, 52 O.G. 1424; Tupas vs. Court of Appeals, 193 SCRA
597). It is only in gross or palpable negligence of counsel when courts must step in
and accord
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relief to a client who suffered thereby (Legarda vs. Court of Appeals, 195 SCRA 418).
The Supreme Court admonishes members of the Bar to be more conscious of their
duties as advocates of their clients causes, whether acting de parte or de oficio, for
public interest requires that an attorney exert his best efforts and ability in the
prosecution or defense of his clients cause (People vs. Rio, 201 SCRA 702). Fact
that he merely volunteered his services or the circumstance that he was a counsel
de oficio neither diminishes nor alters the degree of professional responsibility owed
to his client (supra).
It has been held that when a party appears by counsel in an action in court, all
notices required to be given must be served to the counsel and not to the client, for
the rule is that notice to counsel is notice to the client (Ruiz vs. Court of Appeals,
201 SCRA 577).
8. Duty to a brother in the profession
A lawyer who has retired from a case has only a moral duty to notify substitute
counsel of the fact that the former has been the one still receiving court notices
(Arambulo vs. Court of Appeals, 226 SCRA 589). A lawyer should not be carried
away in espousing his clients cause. The language of a lawyer, both oral or written,
must be respectful and restrained in keeping with the dignity of the legal profession
and with his behavioral attitude toward his brother in the profession (Buenaseda vs.
Flavier, 226 SCRA 645).
9. Advertisement of legal services and expertise prohibited
The canons of the profession enumerate the exceptions to the rule against
advertising or solicitation and define the extent to which they may be undertaken
(Ulep vs. Legal Clinic, Inc., 223 SCRA 378).
The first of such exceptions is the publication in a reputable law lists, in a manner
consistent with the standards of
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conduct imposed by the canons, of brief biographical and informative data (supra).
The use of an ordinary simple professional card is also permitted, it may contain
only a statement of his name, the name of the law firm which he is connected with,
address, telephone number and special branch of law practiced (supra).
a) Reasons behind the prohibition
It is our firm belief that with the present situation of our legal and judicial systems,
to allow the publication or advertisements of the kind used by respondent would
only serve to aggravate what is already a deteriorating public opinion of the legal
profession whose integrity has consistently been under attack lately by media and
the community in general. (supra).
10. Professional fees
a) Attorneys fees.
The standards in fixing attorneys fees are: (1) the amount and character of the
services rendered; (2) labor, time and trouble involved; (3) the nature and the
importance of the litigation or business in which the services were rendered; (4) the
responsibility imposed; (5) the amount of money or the value of the property

affected by the controversy or involved in the employment; (6) the skill and the
experience called for in the performance of the services; (7) the professional
character and the social standing of the attorney; (8) the results secured, it being a
recognized rule that an attorney may properly charge a much larger fee when it is
contingent than when it is not (Pascual vs. Court of Appeals, 300 SCRA 214).
Rule 20.01 of the Code of Professional Responsibility provides:
A lawyer shall be guided by the following factors in determining his fees: (a) The
time spent and the extent of the services rendered or required; (b) The novelty and
difficulty of the questions involved; (c) The importance of the subject matter; (d)
The skill
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demanded; (e) The probability of losing other employment as a result of acceptance
of the proferred case; (f) The customary charges for similar services and the
schedule of fees of the IBP Chapter to which he belongs; (g) The amount involved in
the controversy and the benefits resulting to the client from the service; (h) The
contingency or certainty of compensation; (i) The character of the employment
whether occasional or established; and (j) The professional standing of the lawyer.
The attorneys fees awarded in the concept of damages based on Article 2208 of
the Civil Code are different from attorneys fees granted as compensation for
services rendered (Pascual vs. Court of Appeals, supra).
a) Contingent fee; not prohibited.
Contingent fees are not per se prohibited by law, but when it is shown that the
contract for contingent fee was obtained by undue influence exercised by an
attorney on his client, or by fraud, or when excessive, the Court will protect the
aggrieved party (172 SCRA 760).
11. Conflict of interest; Rule
A lawyer may not, without being guilty of professional misconduct, act as counsel
for a person whose interest conflicts with that of his present or former client
(Maturan vs. Gonzales, 287 SCRA 443).
a) Test to determine conflict of interest.
The test of the conflict of interest in disciplinary cases against a lawyer is whether
or not 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 (Tiania vs. Ocampo,
200 SCRA 472).
A lawyer represents conflicting interests when, in behalf of one client, it is his duty
to contend for that which duty to another client requires him to oppose. The
obligation to represent the client with undivided fidelity and not to divulge his
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secrets or confidence forbids also the subsequent acceptance of retainers or
employment from others in matters adversely affecting any interest of the client
with respect to which confidence has been reposed (Buted vs. Hernando, 203 SCRA

1). In cases where a conflict of interests may exist, full disclosure of the facts and
express consent of all the parties concerned are necessary (supra).
a) Reason behind the rule on disclosure.
This stern rule, the necessity of setting down the existence of the bare relationship
of attorney and client as the yardstick for testing incompatibility of interests, is
designed not alone to prevent the dishonest practitioner from fraudulent conduct,
but as well as to protect the honest lawyer from unfounded suspicion of
unprofessional practice (Buted vs. Hernando, supra).
Absence of monetary consideration does not exempt the lawyer from complying
with the prohibition against pursuing cases where a conflict of interest exists
(supra).
b) Reason for the rule on conflict of interests.
The reason for the prohibition is found in the relation between attorney and client,
which is one of trust and confidence of the highest degree (Maturan vs. Gonzales,
287 SCRA 443).
12. Disciplining lawyers in the government
A lawyer who holds a government office may not be disciplined as a member of the
bar for misconduct in the discharge of his duties as a government official unless
that misconduct is of such a character as to affect his qualification as a lawyer or to
show moral delinquency (Dinsay vs. Cioco, 264 SCRA 703).
It is one thing to take disciplinary action against government lawyers who are
careless or negligent, it is another to protect vital government interests which
should not be jeop38
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ardized through the neglect of those appearing for it when this can be done without
adverse results to the private parties (Republic vs. Court of Appeals, 292 SCRA 243).
Example:
The participation of a Clerk of Court in the changing of the bid price in the
Certificate of Sheriffs Sale affects his fitness as a member of the Bar, since, as a
lawyer, he knows that it is patently illegal to change the content of the said
Certificate after its notarization, it being already a public document (Dinsay vs.
Cioco, supra).
13. Suspension from the practice; Effect of
A suspended lawyer, during his suspension, is certainly prohibited from engaging in
the practice of law and if he does so, he may be disbarred. The reason is that, his
continuing to practice his profession during his suspension constitutes a gross
misconduct and a willful disregard of the suspension order, which should be obeyed
though how erroneous it may be until set aside (Republic vs. Court of Appeals, 296
SCRA 171).
14. The power to disbar
The power to disbar is one to be exercised with great caution, and only in a clear
case of misconduct which seriously affects the standing and character of a lawyer
as an officer of the Court and member of the Bar. For disbarment proceedings are
intended to afford the parties thereto full opportunity to vindicate their cause before
disciplinary action is taken, to assure the general public that those who are tasked
with the duty of administering justice are competent, honorable, trustworthy men

and women in whom the Courts and the clients may repose full confidence (Tapucar
vs. Tapucar, 293 SCRA 331). There is perhaps no profession after that of the sacred
ministry in which a high-toned morality is more imperative than that of law. The
Code of Professional Responsibility mandates that: Rule 1.01. A lawyer shall not
engage in un39
VOL. 330, APRIL 6, 2000
39
The Legal ProfessionA Matter of Privilege
lawful, dishonest, immoral or deceitful conduct. Rule 7.03. A lawyer shall not
engage in conduct that adversely reflects on his fitness to practice law, nor should
he, whether in public or private life, behave in a scandalous manner to the discredit
of the legal profession. (Tapucar vs. Tapucar, supra).
15. Nature of disciplinary proceedings against attorneys
Disciplinary proceedings involve no private interest and afford no redress for the
public welfare, and the complainant and the person who called the attention of the
court to the attorneys alleged misconduct is in no sense a party, and has generally
no interest in the outcome except as all good citizens may have in the proper
administration of justice (Rayos-Ombac vs. Rayos, 285 SCRA 93).
1. By whom the proceedings taken.
Proceedings for the disbarment, suspension, or discipline of attorneys may be taken
by the Supreme Court motu proprio or by the Integrated Bar of the Philippines upon
the verified complaint of any person (Navarro vs. Meneses III, 285 SCRA 586).
o0o
[The Legal ProfessionA Matter of Privilege, 330 SCRA 22()]