SYLLABUS

BASIC LEGAL ETHICS

I. Introduction
Preliminary considerations
Important Terms (legal ethics, member of the bar,
Shari'a Bar, counsel de parte, counsel de oficio,
attorney of record, of counsel, amicus curiae, bar,
bench.
Power to regulate practice of law
--Practice of law as a privilege impressed with public
interest.
--the legislature's role
--the judiciary's role
Nature of Office of Attorney
Privileges of Attorney
Duties of an attorney
Public and Private Duties of an Attorney
Practice of law as a Profession
The need to be represented by counsel. (In what
proceedings is one required to be represented by
counsel?)
Consequences of denial of right to counsel
When is appearance by counsel not obligatory?
Canons of Professional Responsibility
Reference:
Agpalo, Ruben, Legal and Judicial Ethics (latest edition)
II. Admission to Practice of Law
A. Admission to practice as a judicial function.

Legislature power to repeal, alter, or supplement

Executive Power in Relation to Practice of law
Prescribing Standards for Law Schools
The Board of Legal Education
B. Practice of law Definition

Characteristics
Representation before the Court
Representation before other agencies
Activity outside of court
Persons entitled to practice law
Right and Privilege to practice law
Practice without examination
Practice without admission
Right of Party to represent himself
Practice by corporation
Persons authorized to represent the government
Disability of public officials to practice law
Liability for unauthorized practice of law
Remedies against unauthorized practice of law.
C. Qualifications for Admission

General considerations
Citizenship and Residence
Educational Qualifications
Good Moral Character
Bar Examination
D. Procedure for Admission

Bar Examination Committee

Application and Supporting Documents
Disclosure of involvement in any criminal case
Burden of proof to show qualifications
Written Examination
Restrictions to insure integrity in examination
Correction and revaluation of grades
Administration of oath
Issuance of certificate
Payment of IBP dues and percentage tax
E. Cases In re: Cunanan 94 Phil. 534 (1954)
In the Matter of the Integration of the
Integrated Bar of the Philippines ( January 9,
1973)
Cayetano
v.
Monsod,
September 3, 1991;

G.R.

100113,

Ulep v. The Legal Clinic, Bar Matter No. 553,

June 17, 1993.
III. Lawyer's Duties to Society
A. Upholding the Constitution and the law

Duty
Duty
Duty
Duty
Duty

to uphold Constitution and obey the law

not to engage in unlawful conduct
not to counsel illegal activities
not to encourage lawsuits
to encourage amicable settlement

B. Making Legal services Available

General considerations
A lawyer shall not reject the case of the defenseless
A lawyer shall not refuse to render legal advice
Participating in legal development
Lawyer shall keep abreast of legal development
Mandatory continuing legal education
C. Applicability of Code to Government Lawyers

Code applies to government lawyers

A prosecutor shall see to it that justice is done
Restrictions on the functions of public prosecutor
In appeal, the Solicitor General has control
Role of private prosecutor
Intervention by private lawyer is subject to prosecutor's
control
When public prosecutor should take over handling of
case
A lawyer shall not use his public position to promote his
private interest
Former official may not accept certain employment
D. Cases: Uphold the Constitution and Obey the law
(Canon 1)

 Brion, Jr. v. Brillantes, Jr.

Adm. Case No. 5305, March 17, 2003
Bautista v. Gonzales
Adm. Matter No. 1625
February 12, 1990
Counselling/Abetting Illegal Activities
In re: Turrel, 2 Phil. 266 (1903)
Oronce v. CA, G.R. 125766 (1998)
Avoid Controversy, Encourage Settlement
Castaeda v. Ago, G.R. 28546, July 30, 1975
De Ysasi III v. NLRC, G.R. 104599, March 11, 1994
Unlawful, Dishonest and Immoral Conduct
Arciga v. Maniwang
Adm. Case 1608, Aug. 14, 1981
Zaguirre v. Castillo
Adm. Case 4921, March 6, 2003
Cordova v. Cordova
Adm. Case 3249, Nov. 29, 1989
Crimes involving moral turpitude
In re Basa, 41 Phil 275 (1920)
People v. Tuanda
Adm. Case NO. 3360
January 30, 1989
In Re Argosino
B.M. 712, July 13, 1995
March 19, 1997
Re: SC Decision dated May 20, 2008
In G.R. No. 161455 Under Rule
139-By the Rules of Court v. Atty. Rodolfo D. Pactolin
Adm. Case No. 7940
April 24, 2012
Effect of Executive Pardon
In re Lontok, 43 Phil 293 (1922)

 In re Vailoces, Adm. Case 439 (1982)

In re Rovero, Adm. Case 126 (1980)
In re Gutierrez, Adm. Case 363 (1962)
Non-Professional Misconduct
Lizaso v. Amante
Adm. Case 2019 (1991)
Toledo v. Abalos
Adm. Case 5141 (1999)
Sebastian v. Calis
Adm. Case 5118 (1999)
Duty to overcome evidence of wrongdoing
Reyes v. Gaa
Adm. Matter 1048 (1995)
Duties of Notaries Public
Nadayag v. Grageda
Adm. Case 3232 (1994)
Nunga v. Viray
Adm. Case 4758 (1999)
Villarin v. Sabate, Jr.
Adm. Case 3324 (2000)
Isenhardt v. Real
Adm. Case 8254 (2012)
Imson Souweha v. Rondez
Adm. Case 3961 (1997)
Flores v. Chua
Adm. Case 45001 (1999)
(Canon 2 Legal Services
Independence, Integrity of Profession)

Compatible

Cause of defenseless and Oppressed

IBP Guidelines Art 1, Sec 1, Public Service
Ledesma v. Climaco
G.R. L-23815 (1974)

with

 Re: Request of National Committee on Legal Aid to

Exempt Legal Aid Clients from paying filing, docket
and other fees
Adm. Matter 08-11-7-SC (2009)
Soliciting legal business
In re Tagorda
53 Phil 37 (1929)
Linsangan v. Tolentino
Adm. Case 6672 (2009)
(Canon 3)
Making known Legal Services & Fair, dignified
objective information
Ulep v. The Legal Clinic, supra
Dacaneg v. Baker & Mckenzie
Adm. Case 2131 (1985)
(Canon 5)
Keep Abreast of Legal Developments
People v. Gacott
G.R. 116049 (1995)
Payod v. Metila
Adm. Case 3944 (2007)
(Canon 6)
Lawyers in Government Service
Collantes v. Renomeron
Adm. Case 3056 (1991)
Pimentel v. Llorente
Adm. Case 4680
August 29, 2000
Suarez v. Platon
69 Phil 556 (1940)
Misamin v. San Juan
Adm. Case 1418
August 31, 1976

Lahon v. Mayor
Adm. Case 7430, Feb 15, 2012
PCGG v. Sandiganbayan
G.R. 151809-13 (2005)
References; 1. Agpalo, Ruben, Legal, Judicial Ethics
latest edition
2. Law creating the Board of Legal Education
3. Supreme Court Resolution requiring
mandatory legal education
4. Attorney's oath (Rules of Court, Form 28)
IV. The Lawyer's Duties to the Legal Profession
A. Upholding Integrity of Profession

General Considerations

A person shall make no false statement in his

application for admission to the bar

A lawyer shall not support unqualified applicant to

the bar

A lawyer shall always conduct himself ethically and

morally

Gross immorality reflective of unfitness to practice

law

Conviction of a crime involving moral turpitude

Commission of fraud or falsehood.

B. Lawyer's Relation to other Lawyers

General considerations

Candor,
fairness,
and
truthfulness
should
characterize relations

A Lawyer shall use temperate language

A Lawyer shall not encroach upon business of

another

Negotiations with opposite party.

Association as a Colleague in a case

C. Preventing unauthorized Practice of Law

Duty to prevent unauthorized practice of law

Intervention of intermediary not allowed

A lawyer shall not delegate legal work to nonlawyers

A lawyer shall not divide fees with non-lawyers

D. Solicitation and Advertising

A lawyer shall not solicit legal business

A lawyer shall not charge lower rates to attract

business

A lawyer cannot advertise his talent; reasons

Proper or permissible advertising or solicitation

Writing legal articles

Engaging in business or other occupation

A lawyer shall make clear whether he is acting in

another capacity

A lawyer shall not use false statement regarding

his qualification or service

A lawyer shall not use false or misleading firms

name.

A partner who accepts public office should

withdraw from the firm; exception

A lawyer shall not seek media publicity

E. The Integrated Bar of the Philippines

Integration of the bar

Power to integrate the bar

Constitutionality of integration

Purposes and objectives of the Integrated Bar.

Non-political bar

Membership,
resignation,
retirement,
and
reinstatement

Membership dues and effect of nonpayment

Organization set up

National officer

Board of Director

House of Delegates

Chapter government
F. Cases
(Canon 7)
Upholding the integrity of the legal Profession; Support
for IBP Activity


The Integrated Bar of the Philippines Re: 1989
Elections of the Integrated Bar of the Philippines, Bar
Matter 491 (1989)

In the Matter of the Brewing Controversies in the

Election in the Integrated Bar of the Philippines, Adm.
Matter 09-5-2-SC (2010)

Re: Brewing Controversies in the Elections in the

Integrated Bar of the Philippines, Adm Matter 4749
(2000)
Knowingly making false statement in Application for
admission to the bar

Leda v. Tabang
Adm. Case 2505 (1992)

In the Matter of the Disqualification of Bar

Examinee Haron S. Meling in the 2002 Bar Examinations
and for Disciplinary Action as Member of the Philippine
Shari'a Bar, Atty. Froilan R. Melendrez, Bar Matter 1154,
(2004)

In re Parazo, G.R. 120348 (1948)

CONDUCT affecting fitness to practice law; Requisite
of good moral character
Tan v. Sabandal
Bar Matter 44 (1992)
Tapucar v. Tapucar
Adm. Case 4148 (1998)
(Canon 8)
Courtesy, Fairness and Candor toward Colleagues
Bugaring v. Espanol
G.R. 133090 (2001)
Encroachment or Professional Employment of Another
Likong v. Lim
Adm. Case 3149 (1994)
Camacho v. Pangulayan, et al
Adm. Case 4807 (2000)

 In re: Clemente M. Soriano

G.R. 24114 (1970)
Lisangan v. Tolentino
Adm. Case 6672 (2009)
(Canon 9)
Assisting in unauthorized Practice of Law
US v. Ney
8 Phil 146 (1907)
Alawi v. Alauya
Adm. Matter SDC-97-2-P (1997)
Five J. Taxi v. NLRC
G.R. 111474 (1994)
Amalgamated Laborers Assn v. CIR
G.R. L-23467 (1968)
Reference: Agpalo, Ruben, Legal and Judicial Ethics (latest
edition)
V. Lawyer's Duties to Courts
(Canon 10)
A. Lawyer owes candor and fairness to the Court
General considerations
A lawyer should be candid and truthful to court
Cases:
Masinsin v. Albano, G.R. 86421, May 31, 1994
Libit v. Oliva Adm. Case 2837, Oct. 7, 1994
A lawyer shall do no falsehood
A lawyer should not misquote nor misrepresent
Comelec v. Noynay G.R. 132365, July 9, 1998
Adez Realty Inc. v. Court of Appeals, G.R. 100643,
Oct. 30, 1992
A lawyer shall not misuse rules of procedure
- Cobb-Perez vs. Lantin, G.R. L-22329, July 29,

1968
B. Observing and maintaining respect due the Courts
and Judicial Officers
(Canon 11)
Respect due the courts
Obeying court orders
Defending judges from unjust criticism
A lawyer shall appear in proper attire
A lawyer shall be punctual
A lawyer shall abstain from offensive languages or
behavior
A Judge should be courteous to lawyers to merit
respect
Upholding court's authority and dignity
A lawyer shall not attribute to a judge improper
motives
A lawyer shall seek out grievances to proper authorities
Cases:
- Montecillo v. Gica, G.R. No. L-36800, October 21,
1974 In re Sotto, 82 Phil. 595 (1949)
- Guerrero v. Villamor, G.R. Nos. 82238-42, November
13, 1989
-Re: Letter Of the UP Law Faculty Entitled Restoring
Intergrity: A Statement By The Faculty Of The
University Of The Philippines College of Law On The
Allegations Of Plagiarism And Misrepresentation In
The Supreme Court, A.M. No. 10-10-4-SC. March 8,
2011 (Read also dissenting opinions)
Proper attire in court.
Trenkner, Thomas R. Annotation: Power of Court to
Impose Standart of Personal Appearance or Attire, 73
ALR3d 353
Peck v. Stone, 304 NYS2d 881
Punctual attendance at hearings
De Gracia v. Warden of Makati, G.R. No. L-42032,
January 9, 1976.
Scandalous, offensive language
Sangalang v. Intermediate Appellate Court, G.R. No.

71169, August 30, 1989

Attributing motives to judges not supported by records
Penticostes v. Hidalgo, Adm. Matter No. RTJ-89-331,
September 28, 1990
Mocles v. Maravilla, Adm. Matter No. RTJ-93-873
Wicker v. Arcangel, G.r. No. 112869, January 29, 1996
Grievance against judges: Proper venue
Const. VIII, s.6
Maceda v. Vasquez, G.R. No. 102781, April 22, 1993
(Canon 12)
C. Assisting the Court
administration of Justice

in

speedy

and

effective

General considerations
A lawyer should come to court adequately prepared
A lawyer shall not file multiple actions
A lawyer shall not resort to forum shopping
Duty to disclose pending case
Verification must be signed by party, not his counsel;
exception
Test to determine forum shopping
Sanctions for Violation
A Lawyer to temper client's propensity to litigate
A lawyer shall file his pleadings within the period.
Duty to inform client's death and change of counsel's
address
A lawyer shall not delay nor impede execution of
judgment
A lawyer to discourage appellate review
A lawyer shall not talk to a witness during recess
A lawyer shall not assist a witness to misrepresent
A lawyer shall not harass a witness
A lawyer shall avoid testifying for a client
Li Kim Tho v. Sanchez, G.R. No. 102781, April 22, 1993
Bergonia v. Merrera, Adm. Case No. 5024, February 20,
2003
Economic Insurance Co. v. Uy Realty Co., G.R. No. L28056, August 31, 1970
Alcantara, et al., v. De Vera, Adm. Case No. 5859,
November 23, 2010
Olivares v. Villalon, Adm. Case No. 6323, April 13,
2007.

(Canon 13)
D. Avoiding impropriety that tends to influence the
court
A lawyer should rely on merits of his case
A lawyer shall not extend hospitality to a judge
A lawyer shall not publicly discuss pending cases
Criticism of pending and concluded litigation
Limitations on right to criticism
Right and duty of lawyer to criticize courts
A lawyer shall not invite judicial interference
- Nestle Philippines v. Sanchez, G.R. No. L-75209,
September 30, 1987
- Lantoria v. Bunyi, Adm. Case No. 1769, June 8, 1992
- Cruz v. Salva, G.R. No. L-12871, July 25, 1959
- In re Almacen, G.r. No. L-27654, February 18, 1970
- Maglasang v. People, G.R. No. 90083, October 4,
1990
- Re: Request Radio-TV Coverage of the Trial in the
- Sandiganbayan of the Plunder Cases Against the
former President Joseph E. Estrada, Adm. Matter No.
01-4-03-SC, June 29, 2001.
NATURE
AND
RELATIONSHIP

CREATION

OF

ATTORNEY-CLIENT

A. Nature of Relation
Nature of attorney-client relationship
Relation as strictly personal
Relation as fiduciary and confidential
Rules protective of relation
B. Retainer or Employment
Concept of term retainer
Necessity of retainer
Sufficiency of professional employment
Employment of law firm
Who can employ attorney?

C. Ethical Norms and Restrictions

General considerations
A lawyer shall ascertain possible conflict of interests
Duty to decline employment
A lawyer shall preserve the secrets of a prospective
client
Ethical considerations in taking bad case
(Canon 14)
D. Lawyer may not refuse his services
Lawyer as advocate
A lawyer shall not decline to represent unpopular
clients
A lawyer shall not decline appointment by the court or
by the IBP
Frequent appointment of same counsel discouraged
A lawyer may refuse to represent indigent on valid
grounds
A lawyer shall observe the same standard for all clients
- Ledesma v. Climaco, G.R. No. L-23815, June 1974
- Abaqueta v. Florido, Adm. Case No. 5948, January 22,
2003
LAWYER'S DUTIES IN HANDLING CLIENT'S CAUSE
(Canon 15)
A. Entire Devotion within the law
General considerations
A lawyer shall perform duty within the law
A lawyer shall give candid advice on merits of case
Duty to comply with client's lawful request
Duty to restrain client from impropriety
A lawyer shall not undertake influence-peddling
- Dee v. Court of Appeals, G.R. No. 77439, August 24,
1989

- Burbe v. Magulta, Adm. Case No. 5713, June 10, 202

- Santiago, et al. v. Fojas, A.C. No. 4103, September 7,
1995
B. Employment of Honorable Means
Duty to employ honorable means only
Technical defense
Prosecuting or defending matrimonial cases
A lawyer shall rectify client's fraud
C. What are required to protect Client's interests
General considerations
Duration and extent of lawyer's duty to safeguard
client's interest
A lawyer shall render service only when qualified to do
so
A lawyer shall not handle a case without adequate
preparation
Preparation of pleadings
Interviewing witnesses
What to do in case of conflict in trial dates
Adoption of system to insure receipt of mails
Notice of change of address
Notice of death of client
Requiring clerk of court to do his duty
Duty to keep client fully informed
What is required when moving for time to file pleading
or to postpone hearing
Diligence in handling case
D. Standard of duty in Criminal actions
Duty to render effective legal service
What is required of counsel de oficio
Duty of defense counsel when accused intends to plead
guilty
E. Consequences of failure to perform duties
General considerations
Consequences to client for lawyer's breach of duties

LAWYER'S FIDUCIARY OBLIGATIONS

A. Effects of Fiduciary Relation
General considerations
Dealings with client closely scrutinized
Abuse of client's confidence
Rebates and commissions
A lawyer shall not borrow from, nor lend money to,
client
(Canon 16)
B. Accounting of Client's Funds
A lawyer shall account for client's funds
A Lawyer shall not commingle client's funds
A lawyer shall deliver funds to client, subject to his lien
- In re Atty. Melchor E. Ruste, Adm. Case No. 632, June
27, 1940 (70 Phil. 243)
- Quilban v. Robinol, Adm. Case No. 2144, April 10,
1989
- Dumadag v. Lumaya, Adm. Case No. 2614, May 21,
1991
- Ordonio v. Eduarte, Adm. Matter No. 3216, March 16,
1992
- Licuanan v. Melo, Adm. Case No. 2361, February 9,
1989
- Dhaliwal v. Dumaguing, Adm. Case No. 9390, August
1, 2012
Lien for Attorney's Fees
- Manalang, et al., v. Angeles, Adm. Case No. 1558,
March 10, 2003
- Tanhueco v. De Dumo, Adm. Case No. 1437, April 15,
1989
C. Restriction against buying client's property
Purchase of client's property in litigation
Application of rule
Where rule inapplicable
Effects of prohibited purchase

 Purchase of choses in action

(Canon 17) (Fidelity to Client's Cause)
LAWYER'S DUTY TO PRESERVE CLIENT'S CONFIDENCE
A. Preservation of Client's Confidence
Duty to preserve client's confidence, generally
Duration of duty
Reason for the rule
A lawyer shall not use client's secrets without his
consent
A lawyer shall not give information from his files
A lawyer may disclose affairs of client to partners
A lawyer shall adopt measures against disclosure of
client's secrets
A lawyer shall avoid indiscreet conversation about
client's affairs
A lawyer shall not reveal his having been consulted
- Manalang, et al., v. Angeles, Adm. Case No. 1558,
March 10, 2003
- Cantiller v. Potenciano, Adm. Case No. 3195, Dec.
18, 1989
- Solatan v. Inocentes, Adm. Case No. 6504, August 9,
2005
- Villaforte v. Cortez, Adm. Case No. 3455, April 14,
1998
B. Scope of Attorney-Client Privilege
Requisites of privilege
Relation of attorney and client
Confidentiality
Form or mode of communication
Persons entitled to claim privilege
Application of rule
Privileged matters
Matters not privileged
A lawyer shall not reveal client's confidence
C. Exceptions to Rule on Privilege

 Exceptions to rule against disclosure of client's secrets

Client's waiver of privilege
Disclosure to protect attorney's rights
Communications as to crime
Communications as to fraud
(Canon 18 Competence and Diligence)
- Reontoy v. Ibadlit, Adm. Case CBD No. 190, January
28, 1998
- Moton v. Cadiao, Adm. Case No. 5169, November 24,
1999
- Sencio v. Calvadores, Adm. Case No. 5841, January
20, 2012
- Hernandez v. Padilla, Adm. Case No. 9387, June 20,
2012
- Edquibal v. Ingco, G.R. No. L-32994, October 29,
1971
- Barbuco v. Beltran, Adm. Case No. 5092, August 11,
2004
- Legarda v. Court of Appeals, G.R. No. 94457, June 10,
1992
- Suarez v. Court of Appeals, G.R. No. 91133, March
22, 1993
- Perea v. Almadro, Adm. Case No. 5246, March 20,
2003
- Blanza v. Arcangel, Adm. Case No. 492, September 5,
1967
LAWYER'S DUTIES OF FAIR DEALINGS AND AVOIDING
CONFLICT OF INTERESTS
A. Fairness in dealings with client
Duty to be candid, fair and loyal in all dealings with
client, generally
A lawyer shall ascertain possible conflict of interests
Duty to decline employment
A Lawyer shall preserve the secrets of a prospective
client
A lawyer may act as mediator

(Canon 19 Represent With Zeal Within Bounds of

Law)
- Fernandez v. Noveno, Jr. Adm. Case No. 5394,
December 22, 2002
- Ong v. Unto, Adm. Case No. 2417, February 6, 2002
- Cosmos' Foundry Shop Workers Union v. Lo Bu, G.R.
No. L-40136, March 25, 1997
(Canon 20) Charge Only Fair and Reasonable Fees
- Metropolitan Bank & Trust Co. v. Court of Appeals,
G.R. Nos. 86100-03, January 23, 1990
- Albano Coloma, Adm. Case No. 528, October 11,
1967
- Corpuz v. Court of Appeals, G.R. No. L-40424, June
30, 1980
-Mendoza-Parker v. Court of Appeals, G.R. No. 109219,
March 11,1994
-Research and Services Realty, Inc. v. Court of Appeals,
G.R. No. 124074, January 27, 1997
Yu v. Bondal, Adm. Case No. 5534, January 17, 2005
-Miranda v. Carpio, Adm. Case No. 6281, September
26, 2011

Attorney's fees as contract and as award for damages

-Trader's Royal Bank Employees Union-Independent v.
NLRC, G.R. No. 120592, March 14, 1997
Attorney's Lien, When & Where claimed
-Rules of Court, Rule 138, sec. 37
-Quirante v. Intermediate Appellate Court, G.R. No.
73886, January 31, 1989
-Cadalin v. POEA, G.R. No. 104776, December 5, 1994
(Canon 21 Client Confidence and Secrets)
-Regala, et al v. Sandiganbayan, G.R. No. 105938,
September 20, 1996 [read also dissenting opinion]
-Natan v. Capule, Adm Case No. 76, July 23, 1952
-Hilado v. David, G.R. No. L-961, September 21, 1949
-Palm v. Iledan, Jr., Adm. Case No. 8242. October 2,
2009

(Canon 22 Withdrawal of Services for Good Cause

and Upon Notice)
-Arambulo v. Court of Appeals, G.R. No. 105818,
September 17, 1993
-Nacuray v. NLRC, G.R. Nos. 114924-27, March 18,
1997
-Orcino v. Gaspar, Adm. Case No. 3773, September 24,
1997
-Municipality of Pililla, Rizal v. Court of Appeals, G.R.
No. 105909, June 28, 1994
-Laput v. Ramotigue, Adm. Case No. 219, September
29, 1962
-Gonzaga v. Villanueva, Jr. Adm. Case No. 1954, July
23, 2004
-Venterez, et al v. Cosme, Adm. Case No. 7421,
October 10, 2007
-Domingo v. Aquino, G.R. No. L-28078, April 29, 1971
-Obando v. Figueras, G. R. No. 134854, January 18,
2000
B. Representing conflicting interests
A Lawyer shall not represent conflicting interests
Effect of termination of relation
Materiality of confidential information
Foundation of, and reason for, the rule
Opposing clients in same or related suits
Opposing clients in unrelated actions
New client against former client
Conflicting duties
Attorney's interest versus client's interest
Rule applicable to law firm
Limitations on general rule
Where no conflict of interests exists
Where clients knowingly consent
Where no true attorney-client relationship exists
Effects of representation of conflicting interests
Conflict of Interest
-Rosacia v. Bulalacao, Adm. Case No. 3745, October 2,
1995

-Maturan v. Gonzales, Adm. Case No. 2597, March 12,

1998
-Abragan, et al v. Rodriguez, Adm. Case No. 4346, April
3, 2002
-Pormento, Sr. v. Pontevedra, Adm. Case No. 5128,
March 31, 2005
-Pacana v. Pascual-Lopez, Adm. Case No. 8243, July
24, 2009
-Santos Ventura Hocorma Foundation, Inc. v. Funk,
Adm. Case No. 9094, August 15, 2012
-Nakpil v. Valdez, Adm. Case No. 2040, March 4, 1998
AUTHORITY OF ATTORNEY
A. In General
Power to bind client, generally
Attorney as agent of client
Collection of claims
Acceptance of service of summons
Delegation of authority
Delegation of legal work
B. Authority to Appear
General considerations
Appearance
General and special appearance
Presumption of authority
Presumption disputable
Disclosure of authority
Effects of unauthorized appearance
Ratification of unauthorized appearance
C. Conduct of Litigation

General considerations
Determination of procedural questions
Making admissions
Entering into stipulations
Agreement as to what witness would testify
Compromise of cause of action
Effect of want of special authority

Ratification of unauthorized compromise

Confession of judgment
Dismissal of action or withdrawal of appeal
Client's right to dismiss or compromise action
Limitations on client's right
Authority after judgment
D. Matters imputed to client

Knowledge acquired by attorney

Notice to counsel as notice to client
Notice to one as notice to other counsel; Exceptions
Exceptions to rule that notice to counsel is notice to
client
Mode of service of notice
Personal service preferred; explanation required
Mistake or negligence of counsel binding upon client
Exceptions to rule that negligence of counsel binds
client
TERMINATION OF ATTORNEY'S AUTHORITY AND CHANGE OF
COUNSEL
A. Termination of counsel's authority

General considerations
Limitations on client's right
Necessity of notice of discharge
Effect of discharge of attorney
Death or incapacity of client
A Lawyer shall withdraw only for good cause
Grounds for withdrawal without client's consent
Procedure for withdrawal
Death of attorney
Acceptance of incompatible office
B. Change or substitution of counsel

Change of counsel
Requirements for substitution
Defective substitution and effects thereof
Employment of additional counsel

COMPENSATION OF ATTORNEY
A. Right to Attorney's fees

General considerations
Right to protection of counsel fees
Requisites for right to accrue
Written agreement
Quantum meruit
Who is liable for attorney's fees?
Liability of persons benefited by counsel's services
Liability of assignee
Liability in labor cases
Liability in derivative suits
Liability in receivership proceedings
Liability in trusteeship or guardianship proceedings
Liability in estate proceedings
Who are entitled to or to share in attorney's fees?
Non-lawyer not entitled to fees
Restrictions on some lawyers to charge fees
Right of counsel de oficio to fees
Attorney's conduct affecting his right to fees
Withdrawal of counsel from the case
Representation of adverse interests
Lawyer's right unaffected by client's conduct
Attorney's discharge by client
Client's dismissal of action
B. Contract for Attorney's fees

General considerations
Kinds of retainer: general and special
Validity of contract
Effect of nullity of contract
Effect of unconscionability of amount
Contingent fee contract
Validity of contingent fee
Effect of agreement to pay litigation expenses
Construction of professional contract
C. Measure of Compensation

 Amount fixed in valid contract

Amount based on quantum meruit
Where agreement is invalid
Where amount stipulated is unconscionable
Where there is no express contract
Where attorney and client disregard contract
Where counsel is precluded from concluding litigation
Factors taken into account
Nature of services
Skill and standing of attorney
Value of interest involved
Loss of opportunity for other employment
Difficulty of issues involved
Test case
Results secure
Whether fee is contingent
Capacity of clients to pay
Statutory limitation as to fees
Fees in cases of referral
A Lawyer shall not receive fee from another without
client's consent
A Lawyer shall avoid controversies with clients
concerning his fees
D. Procedure to recover fees

General considerations
Lawyer's application to pay his fees
Petition as incident of main action
Independent civil action
Remedies in estate proceedings
Court jurisdiction
Necessity of hearing
Defenses
Execution
E. Attorney's fees as damages

Two concepts of attorney's fees compared

Fee as damages not recoverable general rule
Fees as damages recoverable exception to rule
Right to private counsel, a precondition

 Award of attorney's fees discretionary

Pleading and practice
ATTORNEY'S LIENS
General considerations
Retaining and charging liens distinguished
A. Retaining Lien

Definition
Nature and essence of retaining lien
Requisites for validity
Property to which lien attaches
When lien attaches
Bond for return of documents
Extinguishment of retaining lien
Satisfaction of lien
B. Charging Lien

Nature and essence of charging lien

Requisites for validity of charging lien
Recordal and notice of lien
To what charging lien attaches
Effects of charging lien
Extinguishment of charging lien
Assignment of charging lien
Satisfaction of judgment
Enforcement

Lien for Attorney's Fees

-Manalang, et al v. Angeles, Adm. Case No. 1558,
March 10, 2003
-Tanhueco v. De Dumo, Adm. Case No. 1437, April 25,
1989
LIABILITIES OF ATTORNEY
A. Liability for Damages
Degree of care required

Civil liability to client

Liability for breach of fiduciary obligations
Civil liability to third party; no counterclaim against him
Libelous words in pleadings; privileged communication
Liability for costs of suit
B. Criminal Liability

Prejudicing client or revealing his secrets

Representing adverse interests
Introducing false evidence
Misappropriating client's funds
C. Contempt of Court
Nature and purpose
Kinds of contempt
Acts constituting contempt
Misbehavior
Disobedience
Publication concerning pending litigation
Publication tending to degrade the court; disrespectful
language in pleadings
Misleading the court or obstructing justice
Unauthorized practice of law
Belligerent attitude
Unlawful retention of client's funds
Penalty for direct contempt, remedy
Charge and hearing in indirect contempt
Penalty
SUSPENSION AND DISBARMENT
A. In General
General considerations
Authority to discipline
Purpose of disciplinary proceedings
Administrative cases against lawyers a class of their
own
Duty to discipline or protect lawyers
B. Grounds for Discipline

 General considerations
Enumerated grounds not exclusive
Misconduct before or incident to admission
Misconduct committed outside Philippine jurisdiction
C. Breach of Duties to Court

General considerations
Obstructing justice and abuse of legal process
Misleading the court
Forum shopping
Preferring false charges
Introducing false evidence
Blackmail; Violation of Canon 19
Willfully disobeying court orders and disrespect to court
Using vicious or disrespectful language
Continuing to practice after suspension
D. Breach of duties to Client

General considerations
Negligence in the performance of duties
Employment of unlawful means
Deceit or misrepresentation
Representing adverse interest and revealing client's
secrets
Purchasing client's property in litigation
Failing to account or misappropriating client's property
Collecting unreasonable fees
Acting without authority
Willfully appearing without being retained
E. Breach of Duties to the Bar
Unethical conduct, generally
Defaming fellow lawyers
Communicating with adverse party
Encroaching upon business of another
Soliciting business
Advertising
Cooperating in illegal practice of law
Nonpayment of IBP dues

F. Other Grounds for Discipline

Nonprofessional misconduct, generally
Gross immorality
Conviction of crime involving moral turpitude
Promoting to violate or violating penal laws
Misconduct in the discharge of duties as a public officer
Commission of fraud or falsehood
Misconduct as notary public
Other grounds for discipline
PROCEDURE FOR DISCIPLINE AND REINSTATEMENT
A. Investigation of charges
Nature of proceedings
Proceedings are confidential
Who and how instituted
Action on, and investigation of, complaint
Report of investigator and decision by Board of
Governors
Proceedings in the Supreme Court and by other courts
Res Ipsa Loquitur
Defenses generally
Executive pardon
Desistance of complaint
Privileged communications
Presumption; burden of proof; evidence required
Modifying circumstances
Judgment
Dismissal of case
Disciplinary sanctions; basic considerations Effects of
suspension or disbarment
Reinstatement
Matters taken into account
Effect of reinstatement
Reference: Agpalo, Ruben, Legal and Judicial Ethics (latest
edition)