LAST MINUTE REVIEWER (MIDTERM EXAM)
David, the Court has cited a number of jurisprudence, as
PROBLEM AREAS IN LEGAL ETHICS
(Atty. Joseph De Chavez)
A.Y. 2016 - 2017
Prepared by: Vicson A. Mabanglo || 3S
Disclaimer: This reviewer has not yet been subjected to any proofreading.
The contents of this reviewer are from the MemAid, assigned cases, and
class discussions.
LEGAL ETHICS
The branch of moral science, which treats of the duties, which an
attorney owes to the COURT, to his CLIENT, to his COLLEAGUES
IN THE PROFESSION, and to the PUBLIC.
CONCEPT OF PRACTICE OF LAW
PRACTICE OF LAW is any activity in or out of court, which requires
the application of law, legal procedure, knowledge, training, and
experience. Generally, to practice law is to give advice or to render
any kind of service, which advice or service requires the use in any
degree of legal knowledge or skill. Hence, the Supreme Court
declared that a lawyer-economist, a lawyer-manager, a lawyer-
entrepreneur, a lawyer-negotiator of contracts, and a lawyer-
legislator of both rich and the poor are engaged in the practice of
law (Cayetano v Monsod).
CRITERIA FOR THE PRACTICE OF LAW
Note: These are criteria, not requisites
(1) Habituality: It implies customarily or habitually holding
oneself out to the public, as a lawyer. Practice of law is
more than an isolated appearance, for it consists in
frequent or customary action.
However, an isolated appearance may constitute
practice of law, when there is a rule prohibiting some
persons from engaging in the exercise of the legal
profession.
(2) Compensation
(3) Application of law, legal principle, practice or
procedure, which calls for legal knowledge, training,
and experience
The study of law is a test of character, for character builds competence.
(4) Attorney-client Relationship: In the case of Hilado v
regards the concept of attorney-client relationship, to wit:
In order to constitute the relation (of
attorney and client) a professional one and not
merely one of principal and agent, the attorneys
must be employed either to give advice upon a
legal point, to prosecute or defend an action in
court of justice, or to prepare and draft, in legal
form such papers as deeds, bills, contracts and
the like.
To constitute professional employment
it is not essential that the client should have
employed the attorney professionally on any
previous occasion. . . . It is not necessary that any
retainer should have been paid, promised, or
charged for; neither is it material that the attorney
consulted did not afterward undertake the case
about which the consultation was had. If a
person, in respect to his business affairs or
troubles of any kind, consults with his attorney in
his professional capacity with the view to
obtaining professional advice or assistance, and
the attorney voluntarily permits or acquiesces in
such consultation, then the professional
employment must be regarded as established.
An attorney is employed-that is, he is
engaged in his professional capacity as a lawyer
or counselor-when he is listening to his client's
preliminary statement of his case, or when he is
giving advice thereon, just as truly as when he is
drawing his client's pleadings, or advocating his
client's cause in open court.
Formality is not an essential element of
the employment of an attorney. The contract may
be express or implied and it is sufficient that the
advice and assistance of the attorney is sought
and received, in matters pertinent to his
profession. An acceptance of the relation is
implied on the part of the attorney from his acting
in behalf of his client in pursuance of a request by
the latter.
Note: In view of the broad definition in Cayetano v Monsod, when
lawyers teach law, they are considered engaged in the practice of
law. Unlike professors in other disciplines, and more than lawyers,
who do not teach law, respondents are bound by their oath to
uphold the ethical standards of the legal profession. Thus, their
actions as law professors must be measured against the same
canons of professional responsibility applicable to all members of
the Bar, as the fact of their being law professors is inextricably
entwined with the fact that they are lawyers (Re: Letters of the UP
Faculty)
Practice of law is not a matter of right, but merely a privilege
bestowed upon individuals, who are not only learned in the
law, but who are also known to possess good moral character.
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However, it becomes a right once a person is admitted to the
practice of law. Valid reasons must exist before a lawyer may be
prevented from practicing law and can only be deprived of such right
for misconduct duly ascertained and after due process has been
afforded him (In Re: Ozaeta, Romulo, De Leon, Mabanta & Reyes).
It is a privilege burdened with conditions.
It is a profession and not a business. The duty to serve the public
and aid in the administration of justice should be the primary
consideration of lawyers and not their personal interests or what
they owe to themselves.
REGULATION OF PRACTICE OF LAW
The Constitution provides that the SC shall have the power
to 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 (1987 Constitution, Art. VIII,
Sec. 5, Par. 5)
The power to admit applicants to the practice of law is
judicial in nature and involves the exercise of judicial discretion. The
authority to decide who may be admitted to the bar naturally and
logically belongs to the judiciary represented by the SC in view of
the nature of its judicial function and in the role played by attorneys
in the administration of justice.
On the other hand, the legislature, in the exercise of its
police power may enact laws regulating the practice of law to protect
the public and promote the public welfare. But, the legislature may
not pass a law that will control the SC in the performance of its
function to decide who may enjoy the privilege of practicing law and
any law of that kind is unconstitutional as an invalid exercise of
legislative power (In Re: Cunanan).
WHO MAY PRACTICE LAW (Rule 138, Sec. 1): 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.
REQUIREMENTS FOR ADMISSION TO THE BAR
RULE 138, Section 2. Requirements for all applicants for
admission to the bar. Every applicant for admission as a member
of the bar must be a citizen of the Philippines, at least twenty-one
years of age, of good moral character, and resident of the
Philippines; and must produce before the Supreme Court
satisfactory evidence of good moral character, and that no charges
against him, involving moral turpitude, have been filed or are
pending in any court in the Philippines.
RULE 138, Section 5. Additional requirements for other
applicants. All applicants for admission other than those referred
to in the two preceding section shall, before being admitted to the
examination, satisfactorily show that they have regularly studied law
for four years, and successfully completed all prescribed courses,
in a law school or university, officially approved and recognized by
the Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school of law,
shall be filed as evidence of such facts, and further evidence may
be required by the court.
The study of law is a test of character, for character builds competence.
No applicant shall be admitted to the bar examinations
unless he has satisfactorily completed the following courses in a law
school or university duly recognized by the government: civil law,
commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.
RULE 138, Section 6. Pre-Law. No applicant for
admission to the bar examination shall be admitted unless he
presents a certificate that he has satisfied the Secretary of
Education that, before he began the study of law, he had pursued
and satisfactorily completed in an authorized and recognized
university or college, requiring for admission thereto the completion
of a four-year high school course, the course of study prescribed
therein for a bachelor's degree in arts or sciences with any of the
following subjects as major or field of concentration: political
science, logic, english, spanish, history and economics.
Thus, [GRACE-MoR-LAB]
(1) Good moral character: This requirement is not only a
condition precedent to admissionto the practice of law, its
continued possession is also essential for remaining in the
practice of law.
(2) Resident of the Philippines
(3) At least 21 years of age
(4) Citizen of the Philippines
(5) Must produce satisfactory evidence of good moral
character
(6) No charges against him, involving moral turpitude, have
been filed or are pending in any court in the Philippines
(7) Sign the Roll of Atoorneys and receive from the clerk of
court of the SC a certificate of license to practice
(8) Take the Lawyers Oath
(9) Must have complied with the academic requirements
(10) Pass the Bar Examinations
CONTINUING REQUIREMENTS FOR THE PRACTICE OF LAW:
[TIP-SM-GC]
(1) Payment of Professional Tax
(2) Membership in the IBP
(3) Payment of the IBP dues
(4) Good and regular standing
(5) Compliance with MCLE
(6) Possession of good moral character
(7) Citizenship
Effect of Loss and Re-acquisition of
Philippine Citizenship: The practice of all
professions in the Philippines shall be limited to
Filipino Citizens, save in cases prescribed by law,
pursuant to Section 14, Article XII of the 1987
Constitution. Hence, the loss of Philippine
Citizenship ipso jure terminates the privilege
to practice law in the Philippines.
However, pursuant to RA 9225 or The
Citizenship Retention and Re-Acquisition Act of
2003 a Filipino lawyer who becomes a citizen of
another country is deemed never to have lost his
Philippine citizenship, if he re-acquires it in
LAST MINUTE REVIEWER IN PALE (Atty. De Chavez)
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 accordance with said law. Nevertheless, his
right to practice law does not automatically
accrue. He must first secure authority from SC
upon compliance with the following condition:
(a) The updating and payment in full of
annual membership dues in the IBP
(b) Payment of professional tax
(c) Completion of at least 36 credit
hours of MCLE
(d) Retaking of the lawyers oath
(In Re: Dacanay)
PROHIBITIONS AND LIMITATIONS IN THE PRACTICE OF LAW
I. Appearance of Non-Lawyers in court
General Rule: Only those who are licensed to practice law
can appear and handle cases in court.
May a party represent himself? In civil cases, an
individual litigant has the right to conduct his litigation personally. In
criminal cases, in grave and less grave offenses of an accused, who
is a layman, must always appear by counsel; he CANNOT conduct
his own defense, as his right to counsel may not be waived without
violating his right to due process (Grave: 6 yrs. and 1 day to
reclusion perpetua (life); Less grave: 1 month and 1 day to 6 years).
A juridical person must always appear in court through a
duly licensed member of the bar, except in the MTC, where it may
be represented by its agent or officer, who need not be a lawyer.
Exceptions:
(1) Before the MTC: A party may conduct his
case or litigation personally, with the aid of
an agent or friend appointed by him, or with
the aid of an attorney (Rule 138, Sec. 34).
(2) Before any other court: A party may
conduct his case or litigation personally. But,
if he gets someone to aid him, that person
must be an authorized member of the Bar
(Rule 138, Sec. 34).
A non-lawyer conducting his
own litigation is bound by the same rules
in conducting the trial of his case. He
cannot, after judgment, claim that he
was not properly represented.
An attorney, who is otherwise
disqualified to practice law or has been
disbarred or suspended from practice,
can validly prosecute or defend his own
litigation, he having as much rights as
that of a layman in that regard.
(3) Criminal cases before the MTC: A party
may conduct his case or litigation personally
or with the aid of an attorney. But, if he
chooses to conduct his litigation personally,
he may only do such, if the offense charged
is not grave or less grave offense. Likewise,
in a locality where a duly licensed member of
the Bar is not available, the judge may
appoint a non-lawyer, who is a resident of
The study of law is a test of character, for character builds competence.
the province AND of good repute for probity
and ability to aid the accused (Rule 116,
Sec.7).
(4) Student Practice Rule (Rule 138-A):
Section 1. Conditions for student
practice. A law student who has
successfully completed his 3rd year of the
regular four-year prescribed law curriculum
and is enrolled in a recognized law school's
clinical legal education program approved by
the Supreme Court, may appear without
compensation in any civil, criminal or
administrative case before any trial court,
tribunal, board or officer, to represent
indigent clients accepted by the legal clinic of
the law school.
Section 2. Appearance. The
appearance of the law student authorized by
this rule, shall be under the direct
supervision and control of a member of the
Integrated Bar of the Philippines duly
accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or
other papers to be filed, must be signed by
the supervising attorney for and in behalf of
the legal clinic.
Section 3. Privileged communications.
The Rules safeguarding privileged
communications between attorney and client
shall apply to similar communications made
to or received by the law student, acting for
the legal clinic.
Section 4. Standards of conduct and
supervision. The law student shall comply
with the standards of professional conduct
governing members of the Bar. Failure of an
attorney to provide adequate supervision of
student practice may be a ground for
disciplinary action.
Note: The phrase direct supervision
and control requires the physical presence
of the supervising lawyer during the hearing
(Cruz v Mina).
(5) Before the NLRC: a non-lawyer may appear
before the NLRC or any Labor Arbiter if;
a. He/she represent himself/herself as
party to the case.
b. He/she represents a legitimate
labor organization, which is a party
to the case.
c. He/she represents a member or
members of a legitimate labor
organization, that is existing within
the employers establishment, who
are parties to the case.
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 d. He/she is a duly-accredited
member of any legal aid office
recognized by the DOJ or the IBP.
e. He/she is the owner or president of
a corporation or establishment,
which is a party to the case.
(6) Before a Cadastral Court: a non-lawyer
may represent a claimant before the
Cadastral Court (Act No. 2259, Sec. 9)
(7) Any official or other person appointed or
designated in accordance with law to
appear for the Government of the
Philippines or any of its officials (Rule
138, Sec. 33)
Limitations on Appearance of Non-Lawyers Before the Courts:
(1) He must confine his work to non-adversary contentions.
He should not undertake purely legal work, such as
examination or cross-examination of witnesses, or the
presentation of evidence;
(2) His services should not be habitually rendered;
(3) He should not charge or collect attorneys fees.
Remedies Against Unauthorized Practice of Law [ICE-DA]
(1) Petition for Injunction
(2) Contempt of Court
(3) Criminal complaint for Estafa against a person, who
falsely represented himself to be an attorney to the
damage of a party
(4) Disqualification and complaint for disbarment
(5) Administrative complaint against the erring lawyer or
government official
II. Practice of Law by a Corporation: A corporation cannot
practice law directly or indirectly by employing a lawyer to practice
for it or to appear for the others for its benefit. However, it may hire
an attorney to attend to and conduct its own legal business or
affairs.
III. Practice of Law by Public Officials
General Rule: The appointment or election of an attorney
to a government office disqualifies him from engaging in the private
practice of law.
Exception: Some public officials are not absolutely
disqualified to practice law.
Public Officials who are ABSOLUTELY PROHIBITED to
Practice Law in the Philippines
(1) Judges and other officials or employees of the superior
court (Rules of Court, Rule 138, Sec. 35)
(2) Official and employees of the Office of the Solicitor
General (Rules of Court, Rule 138, Sec. 35)
(3) Government Prosecutors (People vs. Villanueva, GR No.
L-19450, May 27, 1965)
(4) President, Vice-President, Members of the Cabinet, their
deputies and assistants (Const., Art. VII, Sec. 13)
The study of law is a test of character, for character builds competence.
(5) Chairman and members of the Constitutional
Commissions (Const., Art IX, Sec. 2)
(6) Members of Judicial Bar Council (IX-A, Sec. 2, Const.)
(7) Ombudsman and his deputies (Const., Art. IX, Sec. 8, Par
2)
(8) Governors, city and municipal mayors (RA 7160, Sec. 90)
(9) Civil service officers and employees whose duties require
them to devote their entire time at the disposal of the
government (Catu vs. Rellosa, AC No. 5738, Feb. 19,
2008).
(10) Those who, by special law, are prohibited from engaging
in the practice of their legal profession, but if so authorized
by the department head, he may, in an isolated case, act
as counsel for a relative or close family friend.
Public Officials who are NOT ABSOLUTELY PROHIBITED to
Practice Law in the Philippines
(1) Senators and Members of the HOR (1987 Constitution,
Art. VI, Sec. 14)
He is prohibited from appearing as
counsel before any courts of justice, electoral
tribunals, or quasi-judicial and administrative
bodies. The word appearance includes not only
arguing a case before any such body, but also
filing a pleading on behalf of a client (Ramos v
Manalac).
He cannot allow his name to appear in
such pleading by itself or as part of a firm name,
under the signature of another qualified lawyer,
because the signature of an agent amounts to a
signing of a non-qualified senator or
congressman, the office of an attorney being
originally of agency, and because he will, by such
act, be appearing in court or quasi-jjudicial or
administrative body in violation of the
constitutional restriction. He cannot do
indirectly what the Constitution prohibits
directly (In Re: David).
(2) Members of the Sanggunian: Under the Local
Government Code (RA 7160, Sec. 91), Sanggunian
members may practice their professions provided that 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 an 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
local government unit of which he is an
official;
d. Use property and personnel of the
government except when
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 (3) Retired Justice or Judge: Under RA 910, Sec. 1, as
amended, a retired justice or judge receiving pension from
the government, cannot act as counsel in any civil case in
which the Government, or any of its subdivision 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.
(4) Civil Service Officers of Employees: They are the civil
officers and employees whose duty does not require their
entire time to be at the disposal of the government. They
need to secure a written permit from the head of the
department concerned. However, officials who by express
mandate of the law are prohibited from practicing law, may
not, even with the consent of the department head, engage
in the practice of law. If the official is authorized by the
department head, he may, in an isolated case, represent
a relative or a close family friend.
LAWYERS OATH
I___________ of ___________ do solemnly swear that I will
maintain allegiance to the Republic of the Philippines; I will support
its Constitution and obey 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 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 obligations without any
mental reservation or purpose of evasion. So help me God.
The lawyers oath is not a mere ceremony or formality for
practicing law. Every lawyer should at all times weigh his
actions according to the sworn promises he makes when
taking the lawyers oath (In Re: Argosino).
FOUR-FOLD DUTIES OF A LAWYER
(1) SOCIETY: A lawyer should not violate his responsibility to
society, exemplar for uprighteousness, ready to render
legal aid, foster social reforms, guardian of due process,
aware of special role in the solution of special problems
and be always ready to lend assistance in the study and
solution of social problems.
(2) COURT: Candor; Respect; Assist in the administration
of justice; Refrain from impropriety. [RICA]
(3) PROFESSION: Maintain the dignity of the profession;
Courtesy towards fellow lawyers; Fairness to fellow
lawyers, Prevent unauthorized practice of law. [D-FUC]
(4) CLIENT: Make himself available; Confidentiality;
Loyalty; Fidelity; Fiduciary; Fair; Competence and
diligence. [All-Clients-Love-F3ierce-Counsel]
The study of law is a test of character, for character builds competence.
IMPORTANT CANONS AND RULES (CODE OF
PROFESSIONAL RESPONSIBILITY) IN ANSWERING CASE
PROBLEMS
Note: In answering case problems, always invoke the
lawyers oath, together with the appropriate canon and rule violated,
and the basis for penalty of suspension or disbarment.
In disbarment proceedings, the burden of proof generally
rests upon the complainant, and for the court to exercise its
disciplinary powers, the case against a respondent must be
established by clear. Convincing, and satisfactory proof. Likewise,
in case a complainant withdraws his complaint against an erring
lawyer, the case would still proceed.
Rule 138, Section 27: Attorneys removed or suspended by
Supreme Court on what grounds. A member of the bar may be
removed or suspended from his office as attorney by the Supreme
Court for any
(1) deceit,
(2) malpractice (The practice of soliciting cases at law for the
purpose of gain, either personally or through paid agents
or brokers, constitutes malpractice.),
(3) or other gross misconduct in such office,
(4) grossly immoral conduct, or
(5) by reason of his conviction of a crime involving moral
turpitude, or
(6) for any violation of the oath which he is required to take
before the admission to practice, or
(7) for a wilfull disobedience of any lawful order of a superior
court, or
(8) for corruptly or willful appearing as an attorney for a party
to a case without authority so to do.
CHAPTER I. THE LAWYER AND SOCIETY
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT
FOR LAW OF AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
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 a deceased partner is permissible provided that the firm
indicates in all its communications that said partner is deceased.
Rule 3.03 - Where a partner accepts public office, he shall
withdrawal from the firm and his name shall be dropped from the
firm name unless the law allows him to practice law currently.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
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PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
DISSEMINATING THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
TASKS.
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.
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.
CHAPTER III. THE LAWYER AND THE COURTS
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 study of law is a test of character, for character builds competence.
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.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the Courts.
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 submit grievances against a
Judge to the proper authorities only.
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 on the law and the facts of his
case, the evidence he will adduce and the order of its proferrence.
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.
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,
impede the execution of a judgment or misuse Court processes.
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.
Rule 13.01 - A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for cultivating
familiarity with 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.
CHAPTER IV. THE LAWYER AND THE CLIENT
CANON 15 - A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS.
Rule 15.01. - A lawyer, in conferring with a prospective
client, shall ascertain as soon as practicable whether the matter
would involve a conflict with another client or his own interest, and
if so, shall forthwith inform the prospective client.
Rule 15.02.- A lawyer shall be bound by the rule on
privilege communication in respect of matters disclosed to him by a
prospective client.
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.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS
AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
PROFESSION.
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 Rule 16.01 - A lawyer shall account for all money or
property collected or received for or from the client.
Rule 16.02 - A lawyer shall keep the funds of each client
separate and apart from his own and those of others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and
property of his client when due or upon demand. However, he
shall have a lien over the funds and may apply so much thereof as
may be necessary to satisfy his lawful fees and disbursements,
giving notice promptly thereafter to his client. He shall also have a
lien to the same extent on all judgments and executions he has
secured for his client as provided for in the Rules of Court.
Rule 16.04 - A lawyer shall not borrow money from his
client unless the client's interest are fully protected by the
nature of the case or by independent advice. Neither shall a
lawyer lend money to a client except, when in the interest of
justice, he has to advance necessary expenses in a legal
matter he is handling for the client.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF
HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
CONFIDENCE REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES.
Rule 20.01 - A lawyer shall be guided by the following
factors in determining his fees:chanroblesvirtuallawlibrary
(a) the time spent and the extent of the service
rendered or required;
(b) the novelty and difficulty of the questions
involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as
a result of acceptance of the proffered 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.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES
ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE
IN THE CIRCUMSTANCES.
Rule 22.01 - A lawyer may withdraw his services in any of
the following case:
The study of law is a test of character, for character builds competence.
(a) When the client pursues an illegal or immoral
course of conduct in connection with the matter he is
handling;
(b) When the client insists that the lawyer pursue
conduct violative of these canons and rules;
(c) When his inability to work with co-counsel will
not promote the best interest of the client;
(d) When the mental or physical condition of the
lawyer renders it difficult for him to carry out the
employment effectively;
(e) When the client deliberately fails to pay the
fees for the services or fails to comply with the retainer
agreement;
(f) When the lawyer is elected or appointed to
public office; and
(g) Other similar cases.
PROBLEM AREAS
Basically, a violation of ethical standards takes into inception, when
a lawyer fails to fulfill his duties to the society, the profession, the
court, and his client.
DUTY TO SOCIETY
UNAUTHORIZED PRACTICE OF LAW: Practice of law is any
activity in or out of court, which requires the application of law, legal
procedure, knowledge, training, and experience. Generally, to
practice law is to give advice or to render any kind of service, which
advice or service requires the use in any degree of legal knowledge
or skill. Hence, the Supreme Court declared that a lawyer-
economist, a lawyer-manager, a lawyer-entrepreneur, a lawyer-
negotiator of contracts, and a lawyer-legislator of both rich and the
poor are engaged in the practice of law (Cayetano v Monsod).
When a suspended lawyer continues to practice law,
despite being suspended or disbarred, he is engaged in an
unauthorized practice of law.
The practice of law is not a property right, but a mere
privilege, and as such must bow to the interest of regulatory
power of the Court to exact compliance with the lawyers
public responsibilities (In Re: Edillon).
Also, involves cases when a secretary or an individual not
entitled to practice law is tasked to sign on behalf of a lawyer legal
document (Tapay v Jarder).
Legal Basis in Answering: CANON 1 - A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
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.
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FALSIFICATION IN APPLICATION TO THE ADMISSION TO THE
BAR: An individual must possess all the qualifications provided for
by the law to be admitted to the bar to the Bar. There are also some
qualifications, which must be continuously required from a lawyer,
such as but not limited to possession of good moral character (See
previous discussion).
Legal Basis in Answering: CANON 1 - A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
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.
ISSUING BOUNCING CHECKS: The issuance of checks which
were later dishonored for having been drawn against a closed
account indicates a lawyers unfitness for the trust and confidence
reposed on him. It shows a lack of personal honesty and good moral
character, as to render him unworthy of public confidence (Ong v
de los Santos)
When a lawyer receives money from the client for a
particular purpose, the lawyer is bound to render an accounting to
the client showing that the money was spent for that particular
purpose. And if he does not use the money for the intended
purpose. The lawyer must immediately return the money to his
client (Dizon v De Taza).
Legal Basis in Answering: CANON 1 - A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
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 7.03 - 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.
BORROWING MONEY FROM CLIENT: Time and again, the Court
has consistently held that deliberate failure to pay just debts
constitutes gross misconduct, for which a lawyer may be sanctioned
with suspension from the practice of law. Lawyers are instruments
for the administration of justice and vanguards of our legal system.
They are expected to maintain not only legal proficiency, but also a
high standard of morality, honesty, integrity and fair dealing so that
the peoples faith and confidence in the judicial system is ensured.
The study of law is a test of character, for character builds competence.
In Foster v Agtang, the Court cannot order respondent to
return the money he borrowed from complainant in his private
capacity. The Court held that it cannot order the lawyer to return
money to complainant if he or she acted in a private capacity
because its findings in administrative cases have no bearing on
liabilities which have no intrinsic link to the lawyers professional
engagement. In disciplinary proceedings against lawyers, the only
issue is whether the officer of the court is still fit to be allowed to
continue as a member of the Bar. The only concern of the Court is
the determination of respondents administrative liability. Its findings
have no material bearing on other judicial actions which the parties
may choose against each other.
Legal Basis in Answering: CANON 16 - A LAWYER
SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF
HIS CLIENT THAT MAY COME INTO HIS PROFESSION.
Rule 16.01 - A lawyer shall account for all money or
property collected or received for or from the client.
Rule 16.02 - A lawyer shall keep the funds of each client
separate and apart from his own and those of others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and
property of his client when due or upon demand. However, he
shall have a lien over the funds and may apply so much thereof as
may be necessary to satisfy his lawful fees and disbursements,
giving notice promptly thereafter to his client. He shall also have a
lien to the same extent on all judgments and executions he has
secured for his client as provided for in the Rules of Court.
Rule 16.04 - A lawyer shall not borrow money from his
client unless the client's interest are fully protected by the
nature of the case or by independent advice. Neither shall a
lawyer lend money to a client except, when in the interest of
justice, he has to advance necessary expenses in a legal
matter he is handling for the client.
PRACTICE OF LAW AS A BUSINESS: The practice of law is not
a business. It is a profession in which duty to public service, not
money, is the primary consideration. Lawyering is not primarily
meant to be a money-making venture, and the law advocacy is not
a capital that necessarily yields profits. The gaining of livelihood
should be a secondary consideration. The duty to public service
and to the administration of justice should be the primary
consideration for lawyers, who must subordinate their
personal interests or what they owe to themselves (Brunet v
Guaren).
Legal Basis in Answering: CANON 17 - A LAWYER
OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE
REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
WITH COMPETENCE AND DILIGENCE.
INACTION/FAILURE TO PROVIDE SERVICE: Once a lawyer
takes up the causes of his client, he is duty bound to serve his client
with competence, and to attend to his clientss cause with diligence,
care, and devotion, regardless of whether he accepts it for a fee of
for free (Pichon v Agleron).
Legal Basis in Answering: CANON 17 - A LAWYER
OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE
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SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE
REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
WITH COMPETENCE AND DILIGENCE.
CONFLICT OF INTEREST: In the case of Gimeno v Zaide, the
Court laid down the tests to determine if a lawyer is guilty of
representing conflicting interests between and among his clients.
One of these tests is whether the acceptance of a new
relation would prevent the full discharge of a lawyer's duty of
undivided fidelity and loyalty to the client or invite suspicion of
unfaithfulness or double-dealing in the performance of that duty.
Another test is whether a lawyer would be called upon in
the new relation to use against a former client any confidential
information acquired through their connection or previous
employment.
Legal Basis in Answering: CANON 15 - A LAWYER
SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL
HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
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.
GROSS IMMORAL CONDUCT (Bigamy, womanizing, etc): A
lawyer may be suspended or disbarred for any misconduct showing
any fault or deficiency in his moral character, honesty, probity or
good demeanor. Immoral conduct involves acts that are willful,
flagrant, or shameless, and that show a moral indifference to
the opinion of the upright and respectable members of the
community. Immoral conduct is gross when it is so corrupt as to
constitute a criminal act, or so unprincipled as to be reprehensible
to a high degree, or when committed under such scandalous or
revolting circumstances as to shock the communitys sense of
decency. Respondents subsequent marriage during the
subsistence of his previous one definitely manifests a deliberate
disregard of the sanctity of marriage and the marital vows protected
by the Constitution and affirmed by our laws. By his own admission,
Respondent made a mockery out of the institution of marriage,
taking advantage of his legal skills in the process. He exhibited a
deplorable lack of that degree of morality required of him as a
member of the bar, which thus warrant the penalty of disbarment.
(Perez v. Catindig; Ecraela v Pangalangan).
Legal Basis in Answering: CANON 1 - A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
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 7.03 - 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.
The study of law is a test of character, for character builds competence.
ENTERING IN A COMPROMISE AGREEMENT: In the practice of
law, lawyers constantly formulate compromise agreements for the
benefit of their clients. Article 1878 of the Civil Code provides that
"special powers of attorney are necessary in the following cases:
xxx (3) To compromise, to submit questions to arbitration, to
renounce the right to appeal from a judgment, to waive objections
to the venue of an action or to abandon a prescription already
acquired."
In line with the fiduciary duty of the Members of the Bar,
Section 23, Rule 138 of the Rules of Court specifies a stringent
requirement with respect to compromise agreements, to wit:
Sec. 23. Authority of attorneys to bind clients. - Attorneys
have authority to bind their clients in any case by any agreement in
relation thereto made in writing, and in taking appeals, and in all
matters of ordinary judicial procedure. But they cannot, without
special authority, compromise their client's litigation, or receive
anything in discharge of a client's claim but the full amount in cash
(Sison v Camacho).
Legal Basis in Answering: CANON 1 - A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME
INTO HIS PROFESSION.
Rule 16.01 - A lawyer shall account for all money or
property collected or received for or from the client.
DUTY TO PROFESSION
UPHOLD THE DIGNITY OF THE LEGAL PROFESSION:
Violation of Notarial Practice: Time and again, this Court
has stressed that notarization is not an empty, meaningless and
routine act. It is invested with substantive public interest that only
those who are qualified or authorized may act as notaries public. It
must be emphasized that the act of notarization by a notary public
converts a private document into a public document making that
document admissible in evidence without further proof of
authenticity. A notarial document is by law entitled to full faith and
credit upon its face, and for this reason, notaries public must
observe with utmost care the basic requirements in the performance
of their duties (In Re: Violation of Rules on Notarial Practice).
Under the 2004 Rules on Notarial Practice, a person
commissioned as notary public may perform notarial acts in any
place within the territorial jurisdiction of the commissioning court for
a period of two (2) years commencing the first day of January of the
year in which the commissioning is made, unless earlier revoked or
the notary public has resigned under these Rules and the Rules of
Court. Under the rule, only persons who are commissioned as
notary public may perform notarial acts within the territorial
jurisdiction of the court which granted the commission.
Legal Basis in Answering: 2004 Rules on Notarial
Practice;
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 CANON 1 - A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
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.
Impropriety in Dealings (Bribery, etc.): The primary duty
of lawyers is not to their clients but to the administration of justice.
To that end, their clients success is wholly subordinate. The
conduct of a member of the bar ought to and must always be
scrupulously observant of the law and ethics. Any means, not
honorable, fair and honest which is resorted to by the lawyer, even
in the pursuit of his devotion to his clients cause, is condemnable
and unethical (Jimenez v Verano).
Legal Basis in Answering: CANON 1 - A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
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.
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.
COURTESY TOWARDS FELLOW LAWYERS:
Use of abusive, offensive, or otherwise improper
language: A lawyer must at all times, whether in public or private
life, act in a manner beyond reproach especially when dealing with
fellow lawyers.
Though a lawyer's language may be forceful and
emphatic, it should always be dignified and respectful, befitting the
dignity of the legal profession. The use of intemperate language and
unkind ascriptions has no place in the dignity of the judicial forum.
Legal Basis in Answering: 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 7.03 - 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.
The study of law is a test of character, for character builds competence.
FAIRNESS TO FELLOW LAWYERS:
Encroachment: A lawyer should not in any way
communicate upon the subject of controversy with a party
represented by counsel, much less should he undertake to
negotiate or compromise the matter with him, but should deal only
with his counsel. It is incumbent upon the lawyer most particularly
to avoid everything that may tend to mislead a party not represented
by counsel, and he should not undertake to advise him as to the law
(Binay-An v Addog)
Legal Basis in Answering:
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 8.02 - 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.
UNAUTHORIZED PRACTICE OF LAW: (See previous
discussion in Duty to Society)
DUTY TO THE COURT
CANDOR TOWARDS THE COURT: A lawyer owes utmost honesty
towards all his dealings with the courts. He must not file false and
frivolous legal documents, such as affidavits (Umaguing v De Vera).
Every lawyer is a servant of the law, and has to observe and
maintain the rule of law as well as be an exemplar worthy of
emulation by others. It is by no means a coincidence, therefore, that
the core values of honesty, integrity, and trustworthiness are
emphatically reiterated by the Code of Professional Responsibility.
Legal Basis in Answering: 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.
RESPECT TOWARDS THE COURT: The right to criticize, which is
guaranteed by the freedom of speech and of expression in the Bill
of Rights of the Constitution, must be exercised responsibly, for
every right carries with it a corresponding obligation. Freedom is not
freedom from responsibility, but freedom with responsibility (In Re:
Kapunan).
In the case of In Re: Almacaen:
Every citizen has the right to comment upon and criticize
the actuations of public officers. This right is not diminished by the
fact that the criticism is aimed at a judicial authority, or that it is
articulated by a lawyer. Such right is especially recognized where
the criticism concerns a concluded litigation, because then the
courts actuation are thrown open to public consumption.
Courts and judges are not sacrosanct. They should and
expect critical evaluation of their performance. For like the executive
and the legislative branches, the judiciary is rooted in the soil of
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democratic society, nourished by the periodic appraisal of the
citizens whom it is expected to serve.
Well-recognized therefore is the right of a lawyer, both as
an officer of the court and as a citizen, to criticize in properly
respectful terms and through legitimate channels the acts of courts
and judges.
Hence, as a citizen and as officer of the court, a lawyer is
expected not only to exercise the right, but also to consider it his
duty to avail of such right. No law may abridge this right. Nor is he
professionally answerable for a scrutiny into the official conduct of
the judges, which would not expose him to legal animadversion as
a citizen.
But it is the cardinal condition of all such criticism that it
shall be bona fide, and shall not spill over the walls of decency and
propriety. A wide chasm exists between fair criticism, on the one
hand, and abuse and slander of courts and the judges thereof, on
the other. Intemperate and unfair criticism is a gross violation of the
duty of respect to courts. It is such a misconduct that subjects a
lawyer to disciplinary action.
The test for criticizing a judges decision is, therefore,
whether or not the criticism is bona fide or done in good faith,
and does not spill over the walls of decency and propriety
(Habawel v CTA).
It is indirect contempt of court, when an individuals
predisposition is to indiscriminately file administrative complaints
against members of the Judiciary. We held that this conduct
degrades the judicial office, interferes with the due performance of
their work for the Judiciary, and thus constitutes indirect contempt
of court (In Re: Verified Complaint of Merdegia).
Direct Contempt is committed in the court's presence or so
near the court, while Indirect Contempt is not committed within or
near the court's presence. Nonetheless, direct contempt may be
committed through pleadings.
Direct Contempt is punished summarily. This means a
judge (or justice) can immediately cite an offending person in direct
contempt and mete out the punishment for it. An offender has to go
through due process before being cited for indirect contempt.
The power to punish contempt of court is exercised on
the preservative and not on the vindictive principle, and only
occasionally should a court invoke its inherent power to
punish contempt of court in order to retain that respect without
which the administration of justice must falter or fail.
Legal Basis in Answering: CANON 1 - A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
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.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the Courts.
ADMINISTRATION OF JUSTICE:
Submission of False Certification of Forum Shopping:
Separate from the proscription against forum shopping is the
The study of law is a test of character, for character builds competence.
violation of the certification requirement against forum shopping,
which was distinguished in the case of Sps. Ong v. CA as follows:
The distinction between the prohibition against forum
shopping and the certification requirement should by now be too
elementary to be misunderstood. To reiterate, compliance with the
certification against forum shopping is separate from and
independent of the avoidance of the act of forum shopping itself.
There is a difference in the treatment between failure to comply with
the certification requirement and violation of the prohibition against
forum shopping not only in terms of imposable sanctions but also in
the manner of enforcing them. The former constitutes sufficient
cause for the dismissal without prejudice to the filing of the
complaint or initiatory pleading upon motion and after hearing, while
the latter is a ground for summary dismissal thereof and for direct
contempt.
Under Section 5, Rule 7 of the Rules of Court, the
submission of false entries in a certification against forum shopping
constitutes indirect or direct contempt of court, and subjects the
erring counsel to the corresponding administrative and criminal
actions, viz.:
Section 5. Certification against forum shopping. The
plaintiff or principal party shall certify under oath in the
complaint or other initiatory pleading asserting a claim for
relief, or in a sworn certification annexed thereto and
simultaneously filed therewith: (a) that he has not
theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of his knowledge, no such
other action or claim is pending therein; (b) if there is such
other pending action or claim, a complete statement of the
present status thereof; and (c) if he should thereafter learn
that the same or similar action or claim has been filed or is
pending, he shall report that fact within five (5) days
therefrom to the court wherein his aforesaid complaint or
initiatory pleading has been filed.
Failure to comply with the foregoing requirements shall not
be curable by mere amendment of the complaint or other initiatory
pleading but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after
hearing. The submission of a false certification or non-compliance
with any of the undertakings therein shall constitute indirect
contempt of court, without prejudice to the corresponding
administrative and criminal actions. If the acts of the party or his
counsel clearly constitute willful and deliberate forum shopping, the
same shall be ground for summary dismissal with prejudice and
shall constitute direct contempt, as well as a cause for
administrative sanctions (Crisostomo v Nazareno).
Legal Basis in Answering: CANON 1 - A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.
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 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.
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE
SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.02 - A lawyer shall not file multiple actions arising
from the same cause.

Delaying Proceedings: As an officer of the court, a

lawyer is part of the machinery in the administration of justice.21 A
lawyer should not only help attain the speedy, efficient, impartial,
correct, and inexpensive adjudication of cases and prompt
satisfaction of final judgments, but should likewise avoid any
unethical or improper practices that may impede, obstruct, or
prevent the realization of a speedy and efficient administration of
justice (De Los Santos II v Barbosa).
Legal Basis in Answering: CANON 1 - A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE
SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.03 - 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,
impede the execution of a judgment or misuse Court processes.

REFRAIN FROM IMPROPRIETY: (See previous discussion in

Duty to Profession)
Legal Basis in Answering: CANON 1 - A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
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.
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.

The study of law is a test of character, for character builds competence. LAST MINUTE REVIEWER IN PALE (Atty. De Chavez)
Prepared by: Vicson A. Mabanglo;3S | page 12