LEGAL ETHICS

PRELIMINARY
Legal Ethics - Branch of Moral Science, which treats of the duties, which an attorney
owes to the court, his client, to his colleagues in the profession and to the public.
Original Bases:
1. Canons of Professional Ethics
2. Supreme Court Decisions
3. Statutes
4. Constitution
5. Treatises and Publications
Present Basis:
Code of Professional Responsibility
-Is the embodiment into one Code of the various pertinent and subsisting
rules, guidelines, and standards on the rule of conduct of lawyers sourced
from the Constitution, Rules of Court, Canons of Professional Ethics,
statutes, special laws, treatises and decisions which must be observed by
all members of the bar in the exercise of their profession whether in and
out of court as well as in their public and private lives.
Definition of Terms:
Bar Refers to the whole body of attorneys and counselors; collectively, the members
of the legal profession; the collectivity of persons whose names appear in the Roll of
Attorneys.
Bench Denotes the whole body of judges and Justices.
Bar Admission Act by which one is licensed to practice before courts of a particular
state or jurisdiction after satisfying certain requirements such as bar examinations,
period of residency or admission on grounds of reciprocity after period of years as
member of bar of another jurisdiction.
Lawyer General term for a person trained and authorized to practice law and to
advise or represent other in legal matters.
Practice of Law Any activity in or out of court, which requires the application of
law, legal procedures, knowledge, training, and experience.(Cayetano v. Monsod, 201
SCRA 210)
Practicing Lawyer One engaged in the practice of law.
Attorneys-at-Law That class of persons who are by license, officers of the courts,
empowered to appear, prosecute and defend, and upon whom law develops peculiar
duties, responsibilities and liabilities as a consequence.
Attorney-in-Fact An agent whose authority is strictly limited by the instrument
appointing him, provided in a special power of attorney or general power of attorney,
or letter of attorney. He is not necessarily a lawyer.

Counsel-de-Oficio A counsel appointed by court, from among such members of the

bar or any person (in localities where lawyers arent available) of good standing and of
good repute for probity and ability, to defend the accused, usually an indigent
defendant in a criminal case.
Attorney Ad Hoc - Person named and appointed by the court to represent an
absentee defendant in the suit in which appointment is made.
Attorney of Record - One who has filed appearance and who hence is formally
mentioned in the court records as the official attorney of the party. He cannot
withdraw from the case without court permission.
Amicus Curiae A friend of the Court. Experienced and impartial attorneys may be
invited by the Court to appear as such and help in in the discussion of the issue
submitted to it. He has no control over the suit and has no right to institute any
proceedings therein.
He acts as consultant to guide the court in doubtful issue or question
pending before it and serves without compensation.
Commission on Bar Discipline The investigating arm of the Supreme Court on
administrative matters involving disbarment cases against lawyers. The
recommendation is subject for review by the IBP Board of Governors and if the
resolution is one of suspension or disbarment, it is automatically elevated to the
Supreme Court for final disposition.
ADMISSION TO PRACTICE LAW
Power To Admit To Practice, Vested in the SC
Section 5 (5), Article 8 of the 1987 Philippine Constitution
Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance to
the under-privileged. Such rules shall provide for a simplified and
inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court.
Requirements for Admission to the Bar (Section 2, Rule 138, RRC)
1. Citizen of the Philippines
2. At least 21 years old
3. Of good moral character
4. Resident of the Philippines
5. Must produce before the SC satisfactory evidence on the ff:
a. Good Moral Character
b. That no charges against him, involving moral turpitude, have been
filed or pending in any court in the Philippines.
Requirements Before a Candidate Can Practice Law
1. Pass the Bar Examinations
2. Take Lawyers Oath before the SC

3. Sign in the Roll of Attorneys he is assigned a permanent number

4. He is issued a certificate of membership by the Clerk Of Court of the SC
Good Moral Character This requirement is not only a condition precedent to
admission to the practice of law but is a continued possession essential for remaining
in the practice of law. (In the Matter of the Disqualification of Bar Examinee Haron s.
Meling in the 2002 Bar Examinations, 431 SCRA 146; In Re: Ramon Galang, 66 SCRA
282)
Who May Practice Law Any person heretofore duly admitted as a member of the
bar, or hereafter admitted as such in accordance with the provisions of this rule, and
who is in good and regular standing, is entitled to practice law. (Section 1, Rule 138,
RRC)
Practice of Law: Privilege, has the nature of a Right It is not a property right,
natural right or constitutional right. Its a mere privilege. Lawyers cant be deprived of
of their license to practice without due process. In this sense, the practice of law is
also a right by itself. But just like any other rights, it is subject to limitations.
Coverage of the Practice of Law
1. Legal advice and instructions to clients to inform them of their rights and
obligations.
2. Preparation for clients of documents requiring knowledge of legal
principles not possessed by ordinary layman.
3. Appearance for clients before public tribunals which possess power and
authority to determine rights of life, liberty, and property according to
law, in order to assist in proper interpretation and enforcement of law.
Non-Lawyers who are authorized to Appear in Court (They do not practice
law.)
1. In cases before MTC: A party may conduct his own case or litigation in
person, with the aid of a friend or an agent appointed by him for that
purpose.
2. Before any other court: A party may conduct his litigation personally but
if he gets someone to aid him, that someone must be an authorized
member of the Bar. He is bound by the same rules in conducting the trial
of his case. After judgment, he cannot claim that a counsel did not
properly represent him.
3. Criminal Case before MTC: If no lawyer is available, the Judge can
appoint a non-lawyer who is resident of the province, of good repute for
probity and ability to aid the accused in his defense.
4. A senior law student who is enrolled in a recognized law schools clinical
education program approved by SC may appear before any court without
compensation, to represent an indigent clients accepted by the Legal
Clinic of the Law School. The student shall be under the direct
supervision and control of an IBP member duly accredited by the Law
School. (Rule 138-a)
5. Under the labor code, non-lawyers may appear before the National Labor
Relations Commission (NLRC) or any other Labor Arbiter if:
a. They represent themselves.
b. They represent their organization or members thereof with written
authorization of the latter.

c. They are duly accredited members of any legal aid office duly
recognized by the Department of Justice, or the IBP in cases
referred to by the latter.
6. Under the Cadastral Act, non-lawyer can represent a claimant before the
Cadastral Court.
7. Any person appointed to appear for the Government of the Philippines in
accordance with Law.
8. A non-lawyer may represent a party before the Department of Agrarian
Reform Adjudication Board.
Public Officials Who Cannot Practice Law in the Philippines
1.
2.
3.
4.
5.
6.
7.
8.

Judges and other officials or employees of the superior court.

Officials and employees of the Office of the Solicitor General.
Government Prosecutors
President, Vice President, Members of the Cabinet, their deputies and
assistants
Members of the Constitutional Commissions
Members of the Judicial Bar Council
Ombudsman and his deputies
All Governors, City and Municipal Mayors

Public Officials with Restrictions in the Practice of Law

1. No Senator or member of the House of Representatives may personally
appear as counsel before any court of justice or before the Electoral
Tribunals, or Quasi-Judicial and other administrative bodies. They are
only allowed to engage in other aspects of the law practice such as:
a. Giving of legal advice to clients;
b. Negotiating contracts in behalf of clients which necessitates legal
knowledge;
c. Preparation of documents of conveyance and similar others.
2. Under the Local Government Code: Sanggunian Members may practice
their professions, provided if they are members of the Bar, they shall not:
a. Appear as counsel before any court in any civil case wherein a
local government unit or any office, agency, or instrumentality of
the government is the adverse party.
b. Appear as counsel in any criminal case wherein n officer or
employee of the national or local government is accused of an
offense committed in relation to his office.
c. Collect any fee for their appearance in administrative proceedings
involving the LGU of which he is an official.
d. Use property and personnel of the government except when the
Sanggunian member concerned is defending the interest of the
Government.
3. A retired judge or justice, receiving pension from the government, cannot
act as counsel in any civil case in which the government or any of its
subdivisions or agencies is the adverse party or in a criminal case
wherein an officer or employee of the government is accused of an
offense in relation to his office.

THE CODE OF PROFESSIONAL RESPONSIBILITY

The CPR is the principal source and basis of the rules of ethics for members
of the Bar who do not belong to the judiciary. For judges and justices, it is the Code of
Judicial Conduct as enhanced by the New Code of Judicial Conduct. CPR is binding on
all lawyers. Violation thereof is a ground for disciplinary action.
Duties of Attorneys under the Revised Rules of Court (Section 20, Rule 138)
1. Maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines;
2. To observe and maintain the respect due to the courts of justice and
judicial officers;
3. To counsel or maintain such actions or proceedings only as appear to him
to be just, and such defenses only as he believes to be honestly
debatable under the law;
4. To employ, for the purpose of maintaining the causes confided to him,
such means only as are consistent with truth and honor, and never seek
to mislead the judge or any judicial officer of an artifice or false
statement of fact or law;
5. To maintain inviolate the confidence, and at every peril of himself, to
preserve the secrets of his client, and to accept no compensation in
connection with his clients business except from him or with his
knowledge or approval;
6. To abstain from all offensive personality and to advance no fact
prejudicial to the honor or reputation of a party or witness, unless
required by the justice of the cause which he is charged;
7. Not to encourage either commencement or the continuance of an action
or proceeding, or delay any mans cause, from any corrupt motive or
interest;
8. Never to reject, for any consideration personal to himself, the cause of
the defenseless or the oppressed;
9. In the defense of the person accused of crime, by all fair and honorable
means, regardless of his personal opinion as to the guilt of the accused,
to present every defense that the law permits, to the end that no person
may be deprived of life or liberty, but by due process of law.
Nature of the position of an Attorney He is considered a public officer occupying
a quasi-judicial office.
Nature of Legal Profession The legal profession is a form of public service or
public trust intimately related to the administration of justice, in the practice of which
pecuniary rewards are considered as merely incidental.
The Lawyers Oath

I, Shalini Kristy Dalis, do solemnly swear, that I will maintain allegiance to

the Republic of the Philippines, I will support its Constitution and obey the laws as well
as the legal orders of the duly constituted authorities therein; I will do no falsehood,
nor consent to the doing of any in Court; I will not wittingly nor willingly promote or
sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will
delay no man for money or malice, and will conduct myself as a lawyer according to
the best of my knowledge and discretion, with all good fidelity as well to the courts as
to my clients; and I impose upon myself this voluntary obligation without any mental
reservation or purpose of evasion. So help me God.
CANON 1
A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND, AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.
RULE 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral, and deceitful
conduct.
Purpose of
1.
2.
3.
4.

GMC
To protect
To protect
To protect
To protect

the public.
the public image of lawyers.
prospective clients.
errant lawyers from themselves.

Unlawful Conduct Includes violation of the statutory prohibition on a government

employee to engage in private practice of profession unless authorized by the
Constitution or law, provided, that such practice will not or tend to conflict with his
official functions.
Crimes Involving Moral Turpitude
a. Estafa
b. Bribery
c. Murder
d. Bigamy
e. Seduction
f. Abduction
g. Concubinage
h. Smuggling
i. Falsification of Public Document
j. Vilation of BP 22
Moral Turpitude Includes everything, which is done contrary to justice, honesty,
and modesty or good morals.
Immoral Conduct That conduct which is willful, flagrant, or shameless, and which
shows a moral indifference to the opinion of the good and respectable members of the
community.
Good Moral Character What a person really is.
Good Reputation The opinion generally entertained of him or the estimate, which
he is held by the public in the place where he is known.
Gross Immorality - One, which is unquestionably so corrupt or unprincipled.

RULE 1.02 - A lawyer shall not counsel or abet activities aimed at the defiance of the
law or at lessening confidence in the legal system.
RULE 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any suit
or proceeding or delay a mans cause.
Barratry The offense of frequently exciting and stirring up quarrels and suits, either
at law or otherwise. Its the lawyers act of fomenting suits among individuals and
offering his legal services to one of them for monetary motives or purposes.
Ambulance Chasing Figuratively speaking, is the lawyers acts of chasing an
ambulance carrying the victim of an accident for the purpose of talking to the said
victim and or relatives and offering his legal service for the filing of a case against the
person who caused the accident. Evils spawned by this are:
1. Fomenting of litigation with resulting burdens on the court and the
public,
2. Subordination of perjury,
3. Mulcting innocent persons by judgments upon manufactured causes of
action, and
4. Defrauding of injured persons having proper causes of action but
ignorant of legal rights and court procedures by means of contracts,
which retain exorbitant percentages of recovery and illegal charges for
court costs and expenses and by settlement made for quick returns of
fess and against the just right of the injured persons.
RULE 1.04 A lawyer shall encourage his clients to avoid, end or settle a controversy
if it will admit of fair settlement.
CANON 2
A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT
AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 A lawyer shall not reject, except for valid reason the cause of the
defenseless or oppressed.
A lawyer should not decline appointment as counsel de oficio for the defenseless and
the oppressed, unless there are valid reasons therefor. Under the Rules of Court, it is
one of the duties of a lawyer never to reject, for any consideration personal to himself,
the cause of the defenseless and the oppressed.
Legal aid is not a matter of charity, but a public responsibility.
Rule 2.02 In 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 extent necessary
to safeguard the latters right.
Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.

The practice of law is a profession, not a moneymaking trade.

Characteristics, which distinguish the legal profession from business:
1. A duty of public service, of which emolument is a by-product, and in
which one may attain the highest eminence without making much
money.
2. A relation as an officer of court to the administration of justice
involving thorough sincerity, integrity, and reliability.
3. A relation to his clients in the highest degree of fiduciary.
4. A relation to colleagues at the bar characterized by candor, fairness, and
unwillingness to resort to current business methods of advertising and
encroachment on their practice, or dealing directly with their clients.
Best ad for a lawyer A well-deserved reputation for competence, honesty and
fidelity to private trust and public duty.
Rule 2.04 A lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant.
CANON 3
A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE,
HONEST, FAIR, AND DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACT.
Rule 3.01 A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or claim
regarding his qualifications or legal services.
Rule 3.02 In the choice of a firm name, no false, misleading or assumed name shall
be used. The continued use of the name of the deceased partner is permissible
provided that the firm indicates in all its communications that said partner is
deceased.
Purpose of retaining the name of the deceased partner Is to maintain clients
who have been provided legal services by the law firm. While the firm benefits from
the goodwill attached to the personality of the deceased partner, that motivation is
legitimate. (In re: Sycip)
Name to use in the Practice of Law Only the name inscribed in the Roll of
Attorneys.
Partner appointed as a judge or elected to a government position His name
should be dropped from the firm name to avoid display of influence.
Rule 3.03 Where a partner accepts public office, he shall withdraw from the firm
and his name shall be dropped from the firm name unless the law allows him to
practice law concurrently.
Rule 3.04 A lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation or, or in return for, publicity to attract legal business.
Best ad for a lawyer is the establishment of well-merited reputation for
professional capacity and fidelity to trust.

CANON 4
A LAWYER SHALL PARTICIPATE IN THE IMPROVEMENT OF THE LEGAL SYSTEM
BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE
ADMINISTRATION OF JUSTICE.
It is every lawyers duty to improve the legal system in the country.
The duty of the administration of justice is a duty that falls on the shoulders
of every Filipino.

CANON 5
A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTIUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH
STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISEEMINATING INFORMATION REGARDING THE LAW AND
JURISPRUDENCE.
The Bar has been integrated for the attainment of the following objectives:
1. Elevate standards of the legal profession.
2. Improve the administration of justice.
3. Enable the Bar to discharge its public responsibility more effectively.
The lawyers life is one of continuous and laborious study; otherwise, his
skill and knowledge of the law and related disciplines will lag behind and
become obscure due to obsoleteness.
Lawyers three-fold obligation:
1. He owes it to himself to continue improving his knowledge of the law.
2. He owes it to his profession to take an active interest in the maintenance
of high standards of legal education.
3. He owes it to the lay public to make the law a part of their social
consciousness.
CANON 6
THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN
THE DISCHARGE OF THEIR OFFICIAL TASKS.
Public Officials Includes elective and appointive officials and employees,
permanent or temporary, whether in career or non-career service, including the
military and police personnel, whether or not they receive compensation, regardless
of the amount.
Public Officials should observe the following norms:
1. Commitments to Public Interest
2. Professionalism
3. Justness and Sincerity

4.
5.
6.
7.
8.

Political Neutrality
Responsiveness to the Public
Nationalism and Patriotism
Commitment to Democracy
Simple Living

Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done. The suppression of facts or the concealment of
witnesses capable of establishing the innocence of the accused is highly
reprehensible and cause for disciplinary action.
Interest of a Prosecutor Is not to win the case, but to see that Justice is done. He
should see to it that the accused is given fair and impartial trial and not deprived of
his statutory or constitutional rights. He should recommend for the acquittal of the
accused whose conviction is on appeal, if he finds no legal basis to sustain the
conviction.
Rule 6.02 A 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.
A government lawyer should not refuse to perform a duty. A government
lawyer, who under the law is required to represent the government, any of its
agencies or officers, should not refuse to appear for them.
Rule 6.03 A lawyer shall not, after leaving government service, accept any
engagement or employment in connection with any matter in which he had
intervened while in said service.
Adverse-interest Conflicts Exist where the matter in which the former
government lawyer represents a client in private practice is substantially related to a
matter that the lawyer dealt with while employed by the government and the
interests of the current and the former are adverse.
Congruent-interest Representation Conflicts Unique to government lawyers
and apply primarily to former government lawyers.
CANON 7
A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF
THE LEGAL PROFESSION, AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
Rule 7.01 A 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.
Rule 7.02 A lawyer shall not support the application for admission to the bar of any
person known to him to be unqualified in respect to character, education or other
relevant attribute.
A lawyer who violates this is liable for disciplinary action. The act of supporting the
application to the Bar of any person known to him to be unqualified constitutes gross
misconduct in office.

Rule 7.03 A lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law nor shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.
CANON 8
A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND
CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING
TACTICS AGAINST OPPOSING COUNSEL.
Rule 8.01 A lawyer shall not, in his professional dealings, use language, which is
abusive, offensive and otherwise improper.
Language to be used A lawyers language should be forceful but dignified,
emphatic but respectful as befitting an advocate and in keeping with the dignity of the
legal profession.
Rule 8.02 A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer; however, it is the right of very lawyer, without fear or
favor, to give proper advice and assistance to those seeking relief against unfaithful
and neglectful counsel.
CANON 9
A LAWYER SHALL NOT
UNAUTHORIZED PRACTICE OF LAW.

DIRECTLY

OR

INDIRECTLY

ASSIST

IN

THE

Unauthorized Practice of Law This is committed when a person not a lawyer

pretends to be one and performs acts, which are exclusive to the members of the Bar.
This is punishable by fine or imprisonment or both.
Rule 9.01 A lawyer shall not delegate to any unqualified person the performance of
any task, which by law may only be performed by a member of the bar in good
standing.
Delegation of legal work to an unqualified person is misbehavior.
Lawyer cannot delegate his authority without clients consent even to a qualified
person.
Rule 9.02 A lawyer shall not divide or stipulate to divide a fee for legal services
with persons not licensed to practice law, except:
a. Where there is a pre-existing agreement with a partner or
associate that, upon the latters death, money shall be paid over a
reasonable period of time to his estate or to the persons specified
in the agreement;
b. Where a lawyer undertakes to complete unfinished legal business
of a deceased lawyer;
c. Where a lawyer or firm includes non-lawyer employees in a
retirement plan, even if the plan is based in whole or in part on a
profit-sharing agreement.

CANON 10
A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
Rule 10.01 A 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 artifice.
The violation of Attorneys Oath is a ground for suspension or disbarment.
Rule 10.02 A lawyer shall not knowingly misquote or misrepresent the contents of
a paper, the language or the argument of opposing counsel, or the text of a decision
or authority, or knowingly cite as a law a provision already rendered inoperative by
repeal or amendment, or assert as a fact that which has not been proved.
Rule in the quotation of a decision When a lawyer makes a quotation of a
decision in his pleadings, he should quote the same verbatim to avoid misleading the
court.
When misquotation is intended, the lawyer is subject to disciplinary action.
A lawyer should not assert as fact, his version of the case, which had not yet been
proven. Nor, should a lawyer assert as finding of fact by Court, which actually is not.
Foisting of non-existent rule Foisting a non-existent rule to mislead the Court is a
violation of legal ethics.
Rule 10.03 A lawyer shall observe the rules of procedure and shall not misuse them
to defeat the ends of justice.
The aim of lawsuit is to render justice. The rules of procedure are precisely designed
to attain such objective.
A lawyer who misuses the rules to frustrate the ends of justice deserves stern
condemnation.
Judges should not condone the deliberate abuse of procedural rules by any member
of the Bar.
Rule 10.04 A lawyer shall, when filing a pleading, furnish the opposing party with a
copy thereof, together with all the documents annexed thereto. Unless a motion is
ex-parte, he should se it for hearing, with sufficient notice to the other party.
CANON 11
A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE
COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.
Lawyers first duty is to the Courts.

The highest sign of respect to the courts is the lawyers obedience to the
Court orders and processes.
Pleading containing derogatory, offensive or malicious statements submitted to the
Court or Judge which proceedings are pending constitutes direct contempt.
Rule 11.01 A lawyer shall appear in court properly attired.
Rule 11.02 A lawyer shall punctually appear at court hearings.
Rule 11.03 A lawyer shall abstain from scandalous, offensive or menacing language
or behavior before the courts.
Direct Contempt or Contempt in Facie, is misbehavior committed in the presence
of or so near a court or judge so as to obstruct or interrupt proceedings before the
same.
Rule 11.04 A lawyer shall not attribute to a Judge motives not supported by the
record or have no materiality to the case.
Rule 11.05 A lawyer shall not criticize the personal or official conduct of a judge in
an insulting and intemperate language.
Rule 11.06 A lawyer shall submit grievances against a Judge to the proper
authorities only.
File with the Supreme Court through the Office of Court Administrator (Administrative),
or with the Ombudsman (Criminal).
CANON 12
A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO
ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.01 A lawyer shall not appear for trial unless he has adequately prepared
himself with the law and the facts of his case, the evidence he will adduce and the
order of its profference. He should also be ready with the original documents for
comparison with the copies.
Rule 12.02 A lawyer shall not file multiple actions arising from the same cause.
Forum Shopping There is forum shopping when as a result f adverse opinion in one
forum, a party seeks a favorable opinion in another or when he institutes two or more
actions or proceedings grounded on the same cause, on the gamble that one or the
other court would make a favorable decision. This is condemnable. This is inapplicable
to disbarment proceedings. It is also a reprehensible manipulation of court
processes and proceedings.
Elements: A lawyer could be charged with engaging in forum shopping only when
two or more cases are pending involving the same parties, causes of action and reliefs
prayed for.

Preventions and Sanctions against Forum Shopping - Required attachment to

all initiatory pleading / certificate of non-forum shopping.
1. The initiating party has not commenced any action or filed any claim
involving the same issues in any court, tribunal
2. If there is such other pending action or claim, a complete statement of
the present status thereof; and
3. If he learned that the same or similar action has been filed or is pending,
he shall report that fact within five days therefrom to the court wherein
his aforesaid complaint or initiatory pleading has been filed.
Submission of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt of court.
Effect of forum Shopping Dismissal of all actions pending in different courts
without prejudice to the taking of appropriate actions against the counsel or party
concerned.
Client and not counsel should sign the certification against forum shopping.
Rule 12.03 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.
Rule 12.04 A lawyer shall not unduly delay a case, the execution of a judgment or
misuse court processes.
Rule 12.05 A lawyer shall refrain from talking to his witness during a break or
recess in the trial, while the witness is still under examination.
Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or
to impersonate another.
Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.
Rights of Witnesses, which must be respected during trial:
1. To be protected from irrelevant, improper or insulting questions, and
from harsh or insulting demeanor;
2. Not to be detained longer than the interests of justice require;
3. Not to be examined except only as to matter pertinent to the issue;
4. Not give an answer, which will tend to subject him to a penalty for an
offense unless otherwise provided by law; or
5. Not to give an answer which will tend to degrade his reputation, unless it
be to the very fact at issue or a fact from which the fact in issue would
be presumed. But a witness must answer to the fact of his previous final
conviction for an offense.
Rule 12.08 A lawyer shall avoid testifying in behalf of his client, except:
1. On formal matters, such as the mailing, authentication or custody of an
instrument and the like; or

2. On substantial matters, in cases where his testimony is essential to the

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

CANON 13
A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN
FROM ANY IMPROPRIETY, WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE
OF INFLUENCING THE COURT.
Art. 19 of NCC Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due and observe
honesty and good faith.
Rule 13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with the judges.
Rule 13.02 A lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party.
Rule 13.03 A lawyer shall not brook or invite interference by another branch or
agency of the government in the normal course of judicial proceedings.