CHAPTER II.

THE LAWYER AND THE LEGAL PROFESSION

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 by him to be unqualified in respect to character, education, or other
relevant attribute.
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 TOWARDS 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 or otherwise improper.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer, however, it is the right of any lawyer, without fear or
favor, to give proper advice and assistance to those seeking relief against unfaithful or
neglectful counsel.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE
OF LAW.
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.
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
latter's death, money shall be paid over a reasonable period of time to his estate or to
persons specified in the agreement; or
chanroblesvirtuallawlibrary

(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer;
or
(c) Where a lawyer or law 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.

CASE

DOCTRINE

1. In Re: Marcial Edillon

Atty. Edillon refused to pay his

membership dues assailing
the provisions pertaining to
the organization of IBP,
payment of membership, and

The power to impose the fee as a

regulatory measure is recognize then a
penalty designed to enforce its payment is
not void as unreasonable as arbitrary.
All lawyers are subject to comply with the
rules prescribed for the governance of the
Bar including payment a reasonable

RULING
Edillon was
disbarred.
Canon 7 was
violated

suspension for failure to pay

the same. According to him,
those provisions violate his
rights to liberty and property
in the sense that he is being
compelled as a pre-condition
to maintain his status as a
lawyer in good standing.

2. Bar Matter No. 1370

Atty. Cecilio Arevalo filed for
exemption for paying IBP dues
from 1977-2005, during his
length of stay in US. He
assails that his removal from
the profession because of nonpayment of the same
constitutes to the deprivation
of his property rights bereft of
due process of the law.

annual fees as one of the requirements.

The Court has jurisdiction over matters of
admission, suspension, disbarment, and
reinstatement of lawyers and their
regulation as part of its inherent judicial
functions and responsibilities thus the
court may compel all members of the
Integrated Bar to pay their annual dues.
Integrated Bar is a State-organized Bar
which every lawyer must be a member of
as distinguished from bar associations in
which membership is merely optional and
voluntary. All lawyers are subject to
comply with the rules prescribed for the
governance of the Bar including payment
a reasonable annual fees as one of the
requirements.
The imposition of the membership fee is a
matter of regulatory measure by the State,
which is a necessary consequence for
being a member of the Philippine Bar.
Compulsory requirement to pay the fees
subsists for as long as one remains to be a
member regardless whether one is a
practicing lawyer or not
He could gave informed the IBP for his
intention to stay abroad before he left so
that his obligation could have been
discontinued.

Request for
exemption
was denied.
He was
ordered to
pay 12,035
as
membership
fee from
1977-2005
within 10
days

A matter of privilege burdened with conditions

3. Garcia v. Bala
Atty. Bala failed to render
legal service contracted with
the spouses Garcia. He
uttered unsavory words
against the spouses during
the follow-up for appeal. Also,
he refused to return the
money paid by clients.

For using unsavory words against

complainants, he should also be
sanctioned. Lawyers may be disciplined -whether in their professional or in their
private capacity -- for any conduct that is
wanting in morality, honesty, probity and
good demeanor.[27] Canon 7 of the Code
of Professional Responsibility mandates a
lawyer to uphold the integrity and dignity
of the legal profession at all times
His conduct manifests his disrespect of
judicial authorities. Despite the fact that
his profession and honor are at stake, he
did not even bother to speak a word in his
defense. Apparently, he has no wish to
preserve the dignity and honor expected

Atty. Rolando
S. Bala is
found guilty
of
negligence
and conduct
unbecoming
a lawyer; he
is hereby
SUSPENDE
D from the
practice of
law for six
months,
effective
upon his
receipt of

4. In Re: Ramon Galang

Administrative proceeding
against Victorio Lanuevo for
disbarment.
1. Admitted having
brought the five
examination notebooks
of Ramon E. Galang
back to the respective
examiners for reevalution or rechecking.
2. The five examiners
admitted having reevaluated or re-checked
the notebook to him by
the Bar Confidant,
stating that he has the
authority to do the
same and that the
examinee concerned
failed only in his
particular subject and
was on the borderline of
passing.
3. Ramon galang was able
to pass the 1971 bar
exam because of
Lanuevos move but the
exam results bears that
he failed in 5 subjects
namely in (Political,
Civil, Mercantile,
Criminal & Remedial).

4. Galang on the
otherhand, denied of

of lawyers and the legal profession. His

demeanor is clearly demeaning.

this
Decision. He
was ordered
to pay
damages to
the spouses

The court disbarred Lanuevo has no

authority to request the examiners to reevaluate grades of examinees w/o prior
authority from Supreme Court. He does
not possess any discretion with respect to
the matter of admission of examinees to
the bar. He does not a have any business
evaluating the answers of the examinees.
Consequently, Galang was also disbarred
Sec. 2 of Rule 138 of the Revised Rules of
Curt of 1964, candidates for admission to
the bar must be of good moral character.
Galang has a pending criminal cases of
Physical Injuries, he committed perjury
when he declared under oath that he had
no pending criminal case this resulted him
to revoked his license.
concealment of an attorney in his
application to take the Bar examinations of
the fact that he had been with, or indicted
for an alleged crime, as a ground for
revocation of his license to practice law, is
well settled

Respondents
were
disbarred.

having charged of
Slight Physical Injuries
on Eufrosino de Vera, a
law student of MLQU.

5. Diao v. Martinez
Diao falsely represented in his
application for the Bar
examination, that he had the
requisite academic
qualifications.

6. Tolosa v. Cargo

Case of immorality. Atty.

Alfredo Cargo and Tolosas
wife is having an affair and
even left their conjugal home
to live and rent in a place paid
by the respondent.

Such admission having been obtained

under false pretenses must be, and is
hereby revoked.
Passing such examinations is not the only
qualification to become an attorney-atlaw; taking the prescribed courses of legal
study in the regular manner is equally
essential.
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.

Diao was
disbarred.

The Supreme Court agreed with the

conclusion of the Solicitor General in not
finding the respondent guilty of immorality
due to lack of sufficient evidence.
However, the court ruled further to WARN
Atty. Alfredo Cargo and REPRIMAND him of
conduct unbecoming a member of the Bar
and an officer of the court.

Reprimande
d and
warned the
respondent

7. Lim Se v. Argel
-

Di ko na binasa facts
napepressure ako di ko
magets haha!

Canon 8 was violated. His unjustified and

disrespectful characterization carries with
it derogatory implications which
constitutes direct contempt

Atty. Adaza
guilty of
direct
contempt.
However,
considering
his manifest
inexperience
in appellate
court
practice,
instead of
punishing
him with
imprisonmen

8. Likong v. Lim
Cerina B. Likong filed this
administrative case against
Atty. Alexander H. Lim,
seeking the latter's
disbarment for alleged
malpractice and grave
misconduct.
Respondent failed to notify
complainant's counsel of the
compromise agreement

The Code of Professional Responsibility states:

Rule 1.01 A lawyer shall not engage in
unlawful, dishonest, immoral, or deceitful
conduct.
Rule 8.02 A lawyer shall not, directly or
indirectly, encroach upon the professional
employment of another lawyer; however, it is the
right of any lawyer, without fear or favor, to give
proper advice and assistance to those seeking
relief against unfaithful or neglectful counsel.
Rule 15.03 A lawyer shall not represent
conflicting interests except by written consent of
all concerned given after a full disclosure of the
facts.

9. Dallong-Galicinao v.
Atty. Castro

Rule 8.02 of the Code of Professional

Responsibility states:

Atty. Dallong-Galicinao
is the Clerk of Court of RTC
and Atty. Castro was a private
practitioner and VP of IBPNueva
Vizcaya. Respondent
went to complainants office
to inquire whether the records
of Civil Case No. 784 had
already been remanded to the
MCTC. Respondent was not
the counsel of either party in
that case.

Rule 8.02A lawyer shall not,

directly or indirectly, encroach upon
the professional employment of
another lawyer; however, it is the
right of any lawyer, without fear or
favor, to give proper advice and
assistance to those seeking relief
against unfaithful or neglectful
counsel.

a lawyer who hurled

invectives at a Clerk of Court.
Members of the bar decorum
must at all times comfort
themselves in a manner

Through his acts of constantly checking

the transmittal of the records of Civil Case No.
784, respondent deliberately encroached upon
the legal functions of the counsel of record of
that case. It does not matter whether he did so in
good faith.

t or fine, he
is hereby
severely
reprimanded
and warned
that a
repetition of
the said act
would be
more
drastically
dealt with.
Respondent
Atty.
Alexander H.
Lim is
hereby
imposed the
penalty of
SUSPENSION
from the
practice of
law for a
period of
ONE (1)
YEAR

respondent
is hereby
FINED in the
amount of
TEN
THOUSAND
(P10,000.00)
PESOS with
a warning
that any
similar
infraction
with be dealt
with more
severely.

befitting their noble

profession.

- The penalty was tempered because

respondent apologized to the complainant
and the latter accepted it. This is not to say,
however, that respondent should be absolved
from his actuations. People are accountable for
the consequences of the things they say and do
even if they repent afterwards.