Introduction To Legal Ethics

LEGAL ETHICS 1
Case
Director of Religious Affairs
vs. Bayot
74 Phil 749; March 20, 1944
Ledesma vs. Climaco
G.R. No 12815; June
28,1974
Cui vs. Cui
11 SCRA 755; August 31,
1964
Villegas vs. Legaspi
113 SCRA 39; March 25,
1982
Enriquez vs. Gimenez
107 Phil 932; April 29, 1960
Salcedo vs. Hernandez
61 Phil 724; August 8, 1935
Alawi vs. Alauya
268 SCRA 628; February 24,
1997
Pangan vs. Ramos
93 SCRA 87; September 7,
1979
Philippine Lawyers Office, the representation of applicants, oppositors, and other
Association vs. Agrava
105 Phil 173; February 16,
1959
Practice of law in the
Philippines includes such
appearance before the
Patent
Ui vs. Bonifacio
333 SCRA 38; June 8, 2000
LEGAL ETHICS
Doctrines
It is highly unethical for an attorney to advertise his talents or skill
as a merchant advertises his wares. Law is a profession and not a
trade.
Membership in the bar is a privilege burdened with conditions. The
law is indeed a profession dedicated to the ideal of service and not
a mere trade.
Titulo de Abogado means not mere possession of the academic
degree of Bachelor of Laws but membership in the Bar after due
admission thereto, qualifying one for the practice of law. A
Bachelors degree alone, conferred by a law school upon
completion of certain academic requirements, does not entitle its
holder to exercise the legal profession.
No member of the Batasang Pambansa shall appear as counsel
before any court without appellate jurisdiction. The objective of
the prohibition, then and now, is clearly to remove any possibility
of undue influence upon the administration of justice, to eliminate
the possible use of office for personal gain, to ensure impartiality
in trials and thus preserve the independence of the Judiciary.
The provincial fiscal is disqualified to represent in court the
municipality if and when original jurisdiction of the case involving
the municipality is vested in the Supreme Court; when the
municipality is a party adverse to the provincial government or to
some other municipality in the same province; and when in the
case involving the municipality, he, or his wife, or child, is
pecuniarily involved as heir, legatee, creditor or otherwise.
Unlike a practicing lawyer who has the right to decline
employment, a fiscal cannot refuse the performance of his
functions on grounds not provided for by law without violating his
oath of office, where he swore, among others, "that he
will well and faithfully discharge to the best of his ability the duties
of the office or position upon which he is about to enter.
As a member of the bar and an officer of the Supreme Court, an
attorney is duty bound to uphold its dignity and authority and to
defend its integrity, not only because it has conferred upon him
the high privilege, not a right, of being what he now is: a priest of
justice, but also because in so doing he neither creates nor
promotes distrust in the administration of justice, and he prevents
anybody from harboring and encouraging discontent, which in
many cases, is the source of disorder, thus undermining the
foundation on which rests the bulwark called judicial power to
which those who are aggrieved turn for protection and relief.
It is right and plausible that an attorney, in defending the cause
and rights of his client, should do so with all the fervor and energy
of which he is capable, but it is not, and will never be so for him to
exercise said right by resorting to intimidation or proceeding
without the propriety and respect which the dignity of the courts
require, by reason respect of the courts guarantees the stability of
their institution.
While one who has been admitted to the Sharia bar, and one who
has been admitted to the Philippine bar, may both be considered
counselors, in the sense that they give counsel or advice in a
professional capacity, only the latter is an attorney. The title of
attorney is reserved to those who, having obtained the
necessary degree in the study of law and successfully taken the
bar examinations, have been admitted to the integrated bar of the
Philippines and remain members thereof in good standing; and it is
they only who are authorized to practice law in this jurisdiction.
The attorneys roll or register is the official record containing the
names and signatures of those who are authorized to practice law.
A lawyer is not authorized to use a name other than the one
inscribed in the Roll of Attorneys in his practice of law, otherwise,
they are guilty of deception and demonstrate lack of candor in
dealing with the courts.
persons, and the prosecution of their applications for patent, their
oppositions thereto or the enforcement of their rights in patent
cases. Members of the Philippine Bar authorized by the Supreme
Court to practice law, and in good standing, may practice their
profession before the Patent Office, for the reason that much of
the business in said office involves the interpretation and
determination of the scope and application of the patent law and
other laws involved.
The practice of law is a privilege that can be revoked, subject to
the mandate of due process, once a lawyer violates his oath and
the dictates of legal ethics.
An applicant must possess good moral character, which is a
continuous requirement to the enjoyment of the privilege of law
practice; otherwise, the loss thereof is a ground for the revocation
of such privilege. 2
Lawyers should be allowed great latitude of pertinent comment in
 Admission To Practice

LEGAL ETHICS 3
Case Doctrines
In re: Lanuevo It should be stressed that once the bar examiner has submitted
66 SCRA 245; August 29, the corrected notebooks to the Bar Confidant, the same cannot be
1975 withdrawn for any purpose whatsoever without prior authority
from the Court.

First Lepanto Ceramics, Inc.
vs. Court of Appeals
237 SCRA 519; March 10,
1994
The right to appeal from decisions or final orders of the BOI under
E.O. 226 remains and continues to be respected. Circular 1-91
simply transferred the venue of appeals from decisions of this
agency to respondent Court of Appeals and provided a different
period of appeal, i.e., fifteen (15) days from notice.

In re: Cunanan The distinction between the functions of the legislative and the
94 Phil 534; 1954 judicial departments is that it is the province of the legislature to
establish rules that shall regulate and govern in matters of
transactions occurring subsequent to the legislative action, while
the judiciary determines rights and obligations with reference to
transactions that are past or conditions that exist at the time of
the exercise of judicial power, and the distinction is a vital one and
not subject to alteration or change either by legislative action or
by judicial decree.

The judiciary cannot consent that its province shall be invaded by

either of the other departments of the government.

Kuroda vs. Jalandoni The appointment of the two American attorneys is not violative of
83 Phil 171 our national sovereignty and tt is only fair and proper that the
United States, which has submitted the vindication of crimes
against her government and her people to a tribunal of our nation,
should be allowed representation in the trial of those very crimes.

It appearing that Attys. Hussey and Port are aliens and have not
been authorized by the Supreme Court to practice law, they
cannot appear as prosecutors in a case pending before the War
Crimes Commission.

Omico Mining And

Industrial Corporation vs. It is based on sound reasons of public policy, for there is no
Vallejos question that the rights, duties, privileges and functions of the
63 SCRA 285; 1975 office of an attorney-at- law are so inherently incompatible with
the high official functions, duties, powers, discretions and
privileges of a judge of the Court of First Instance. This inhibitory
rule makes it obligatory upon the judicial officers concerned to
give their full time and attention to their judicial duties, prevent
them from extending special favors to their own private interests
and assure the public of their impartiality in the performance of
their functions.

People vs. Villanueva The appearance as counsel on one occasion is not conclusive as
14 SCRA 109; 1965 determinative of engagement in the private practice of law. The
word private practice of law implies that one must have presented
himself to be in the active and continued practice of the legal
profession and that his professional services are available to the
public for a compensation, as a source of his livelihood or in
consideration of his said services.

Dia-Anonuevo vs. Bercasio
68 SCRA 81; 1975
The rule disqualifying a municipal judge from engaging in the
practice of law seeks to avoid the evil of possible use of the power
and influence of his office to affect the outcome of litigation where
he is retained as counsel. The practice of law is not limited to the
conduct of cases in court or participation in court proceedings but
also includes preparation of pleadings or papers in anticipation of
litigation, and giving of legal advice to clients or persons needing
the same.

De Guzman vs. Visayan The importance, merits and value of professional services of a
Rapid Transit Co. lawyer are measured not alone by his work taken separately, but
68 Phil 469; 1939 by his work taken as a whole. There are services which, when
taken separately, may not in themselves have any noticeable
special merit, but when considered in connection with the other
works and services of the lawyer to which they are related, acquire
an unquestionable value.

Cayetano vs. Monsod The practice of law is not limited to the conduct of cases or
201 SCRA 210; 1991 litigation in court; it embraces the preparation of pleadings and
other papers incident to actions and special proceeding, the
management of such actions and proceedings on behalf of clients
before judges and courts, and in addition, conveying. The
contention that Atty. Monsod does not posses the required
qualification of having engaged in the practice of law for at least
ten years is incorrect since Atty. Monsods past work experience as
a lawyer-economist, a lawyer-manager, a lawyer- entrepreneur of
industry, a lawyer-negotiator of contracts, and a lawyer-legislator
of both rich and the poor verily more than satisfy the
constitutional requirement for the position of COMELEC chairman.

In re: Edillon To compel a lawyer to be a member of the Integrated Bar is not

84 SCRA 554; 1978 violative of his constitutional freedom to associate. Integration
does not make a lawyer a member of any group of which he is not
already a member.

Tajan vs. Cusi An attorney-at-law is an officer of the court in the administration of

LEGAL ETHICS
justice and as such he is continually accountable to the Court for
4
57 SCRA 154; 1974
the manner in which he exercises the privilege which has been
granted to him. His admission to the practice of law is upon the
 Lawyers Duties To Society

Case Doctrines
Montecillo vs. Gica It is the duty of the lawyer to maintain towards the courts a
60 SCRA 234; 1974 respectful attitude. As an officer of the court, it is his duty to
uphold the dignity and authority of the court to which he owes
fidelity, according to the oath he has taken.

In re: Guttierrez For the admission of a candidate to the bar the Rules of Court not
5 SCRA 661; 1962 only prescribe a test of academic preparation but require
satisfactory testimonials of good moral character. These standards
are neither dispensed with nor lowered after admission: the lawyer
must continue to adhere to them or else incur the risk of
suspension or removal.

Oronce vs. Court of

Appeals Be that as it may, what is disturbing to the Court is the conduct of
298 SCRA 133; 1998 her husband, Eduardo Flaminiano, a lawyer whose actuations as
an officer of the court should be beyond reproach. Under the Code
of Professional Responsibility, he is prohibited from counseling or
abetting activities aimed at defiance of the law or at lessening
confidence in the legal system.

De Ysasi III vs. NLRC Once again, we reiterate that the useful function of a lawyer is not
231 SCRA 173; 1994 only to conduct litigation but to avoid it whenever possible by
advising settlement or withholding suit. He is often called upon
less for dramatic forensic exploits than for wise counsel in every
phase of life. He should be a mediator for concord and a
conciliator for compromise, rather than a virtuoso of technicality in
the conduct of litigation.

Pajares vs. Abad Santos As we recently said in another case,3 the cooperation of litigants
30 SCRA 748; 1974 and their attorneys is needed so that needless clogging of the
court dockets with unmeritorious cases may be avoided. There
must be more faithful adherence to Rule 7, section 5 of the Rules
of Court which provides that "the signature of an attorney
constitutes a certificate by him that he has read the pleading and
that to the best of his knowledge, information and belief, there is
good ground to support it; and that it is not interposed for delay"
and expressly admonishes that "for a willful violation of this rule
an attorney may be subjected to disciplinary action."

People vs. Rosqueta It has been a commendable practice of some members of the bar
55 SCRA 486; 1974 under such circumstances, to be designated as counsel de oficio.
They manifest fidelity to the concept that law is a profession and
not a mere trade with those engaged in it being motivated solely
by the desire to make money.

De Roy vs. Court of It is the bounden duty of counsel as lawyer in active law practice
Appeals to keep abreast of decisions of the Supreme Court particularly
157 SCRA 757; 1989 where issues have been clarified, consistently reiterated, and
published in the advance reports of Supreme Court decisions (G. R.
s) and in such publications as the Supreme Court Reports
Annotated (SCRA) and law journals.

Far Eastern Shipping Co. More specifically, a lawyer is obliged to observe the rules of
vs. Court of Appeals procedure and not to misuse them to defeat the ends of justice. It
297 SCRA 30l 1998 behooves a lawyer, therefore, to exert every effort and consider it
his duty to assist in the speedy and efficient administration of
justice

Jose vs. Court of Appeals That a prosecuting officer, as the representative of a sovereignty
70 SCRA 257; 1976 whose obligation and interest in a criminal prosecution is not that
it shall win a case but that justice shall be done, has the solemn
responsibility to assure the public that while guilt shall not escape,
innocence shall not suffer.

People vs. Pineda A prosecuting attorney, by the nature of his office, is under no
20 SCRA 748; 1967 compulsion to file a particular criminal information where he is not
convinced that he has evidence to prop up the averments thereof,
or that the evidence at hand points to a different conclusion.

People vs. Madera This is good a time as any to emphasize upon those in charge of
57 SCRA 349; 1974 the prosecution of criminal cases that the prosecutor's finest hour
is not when he wins a case with the conviction of the accused. His
finest hour is still when, overcoming the advocate's natural
obsession for victory, he stands up before the Court and pleads
not for the conviction of the accused but for his acquittal.

Therefore, although the private prosecutors may be permitted to

Tan vs. Gallardo intervene, they are not in control of the case, and their interests
73 SCRA 306; 1976 are subordinate to those of the People of the Philippines

LEGAL ETHICS 5
 represented by the fiscal.

People vs. Sendaydiego Private prosecutors may appear in criminal cases under the
81 SCRA 120; 1978 direction and control of the fiscal and that the provincial fiscal
shall represent the province in any court.

Misamin vs. San Juan Respondent, in his future actuations as a member of the bar,
72 SCRA 491; 1976 should refrain from laying himself open to such doubts and
misgivings as to his fitness not only for the position occupied by
him but also for membership in the bar. He is not worthy of
membership in an honorable profession who does not even take
care that his honor remains unsullied.

PCGG vs. Sandiganbayan
and Mendoza
G.R. No 151809-12; April 12,
2005
Matter as any discrete, isolatable act as well as identifiable
transaction or conduct involving a particular situation and specific
party, and not merely an act of drafting, enforcing or interpreting
government or agency procedures, regulations or laws, or briefing
abstract principles of law.

Lawyers Duties to The Legal Profession

Rivera vs. Angeles

339 SCRA 149; 2000

The Supreme Court stresses the importance of integrity and good moral character as part of a lawyer's equipment in the
practice of his profession. Thus, acts of deceit and malpractice inexorably diminishes the respect of the litigants for the
profession.

Ducut, Jr. vs. Villalon, Jr.

337 SCRA 622; 2000

Public confidence in law and lawyers may be eroded by the irresponsible and improper conduct of a member of the Bar.
A lawyer may be disciplined or suspended for any misconduct, whether in his professional or private capacity, which shows
him to be wanting in moral character, in honesty, in probity and good demeanor.

Tan vs. Sabandal

126 SCRA 60; 1993

A successful Bar examinee, without having signed in the Roll of Attorneys and had taken the Lawyer's Oath, is also subject to
the Codes of Professional Ethics. A successful Bar examinee, not yet being admitted in the Bar, who holds himself out as a
lawyer by appearing in courts, is engaged in the unauthorized practice of law.
In re: Parazo
82 Phil 230; 1948

As the conduct of Bar Examinations and the Legal Profession is imbued with General Interest and National Importance, it is
but just that the immunity of newspapermen be disregarded as to protecting its sources from investigation as to any
anomaly that may be alleged in the conduct of the Bar Examinations.

Pangan vs. Ramos

107 SCRA 1; 1981

Being acquitted from a criminal charge will not necessarily result in the dismissal of the immorality charge against a lawyer;
also, the persistent use of another name not appearing in the Roll of Attorneys suggests lack of candor and respect for the
Court.

Nardo vs. Linsangan

58 SCRA 85; 1974

LEGAL ETHICS 6
Mutual bickering and unjustifiable recriminations, between brother attorneys detract from the dignity of the legal profession
and will not receive any sympathy from this court.

Laput vs. Remotigue

6 SCRA 45; 1962

The appearance of the second lawyer is not unprofessional, unethical or improper; the first lawyers voluntary withdrawal as
counsel and his filing of a motion for the payment of his fees amounted to an acquiescence to the appearance of the second
lawyer.

Camacho vs. Pangulayan

328 SCRA 631; 2000

A lawyer who fails to communicate with the counsel of the other party of his intent to negotiate with them is an inexcusable
violation of the canons of professional ethics, whether by design or oversight.

Robinson vs. Villafuerte

18 Phil 121; 1911

There are no legal provisions authorizing a private person to intervene at the hearing of a suit, even though he be a clerk for
the attorneys of one of the litigants, if he does not possess the qualifications of a practicing attorney, and is not one of the
parties interested in the litigation; his intervention was improperly allowed, even though an attorney acting in place of
original counsel was present at the hearing.
Tan Tek Beng vs. David
126 SCRA 389; 1983

The practice of soliciting cases at law for the purpose of gain, either personally or through agents or brokers is tantamount to
malpractice. It should be kept in mind that lawyers, subject to the exceptions given by the law, are prohibited from sharing
his legal fees to those who are not in the legal profession.

Director of Religious Affairs vs. Bayot

74 Phil 579; 1944

It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. Law is a profession
not a trade.

Ulep vs. Legal Clinic, Inc.

223 SCRA 378; 1993

Practice of law means any activity, in or out of court, which requires the application of law, legal procedures, knowledge,
training and experience. The practice of giving out legal information constitutes practice of law, and therefore, may not be
done by mere "paralegals" but of lawyers.

Lawyers Duties To Courts

City Sheriff, Iligan City vs. Fortunado
288 SCRA 190; 1998

A lawyer is, first and foremost, an officer of the court. His duties to the court are more significant than those which he owes
to his client. His first duty is not to his client but to the administration of justice; to that end, his client's success is wholly
subordinate; and his conduct ought to and must always be scrupulously observant of the law and ethics of the profession.

Occena vs. Marquez

60 SCRA 38; 1974

The conduct of the lawyer before the court and with other lawyers should be characterized by candor and fairness. It is
neither candid nor fair for a lawyer to knowingly make false allegations in a judicial pleading or to misquote the contents of a
document, the testimony of a witness, the argument of opposing counsel or the contents of a decision.

Chavez vs. Viola

196 SCRA 10; 1991

A lawyer owes honesty and candor to the courts. Courts are entitled to expect only complete candor and honesty from the
lawyers appearing and pleading before them.

Chan Kian vs. Angsin

53 SCRA 295; 1972

The Court notes with regret that had the counsels, as officers of the courts, but faithfully complied with their duty to deal
with the courts in truth and candor, and promptly manifested to the appellate court the above developments, all which have
made the principal issue at bar moot and academic, this case would then have been disposed of and need not have been
certified to this Court, and the time needed by it to devote to the prompt disposition of meritorious cases need not have been
thus dissipated.

Casals vs. Cusi

52 SCRA 58; 1973

LEGAL ETHICS 7
A lawyer must do his best to honor his oath, as there would be a great detriment to, if not a failure of the administration of
justice if courts could not rely on the submissions and representations made by lawyers in the conduct of a case.

COMELEC vs. Noynay

292 SCRA 254; 1992

Rule 10.02 of Canon 10 of the Code of Professional Responsibility mandates that a lawyer shall not knowingly misquote or
misrepresent the text of a decision or authority.

Montecillo vs. Gica

60 SCRA 234; 1974

As an officer of the court, it is his sworn and moral duty to help build and not destroy unnecessarily the high esteem and
regard towards the court so essential to the proper administration of justice. It is manifest that del Mar has scant respect for
the two highest Courts of the land when on the flimsy ground of alleged error in deciding a case, he proceeded to challenge
the integrity of both Courts by claiming that they knowingly rendered unjust judgment.

Surigao Mineral Reservation Board vs. Cloribel

31 SCRA 1; 1970

A lawyer is an officer of the courts; he is, like the court itself, an instrument or agency to advance the ends of justice. His
duty is to uphold the dignity and authority of the courts to which he owes fidelity, not to promote distrust in the
administration of justice.

De Gracia vs. Warden of Makati

69 SCRA 4; 1976

There was a lapse in judicial propriety by counsel Salvador N. Beltran who did not even take the trouble of appearing in Court
on the very day his own petition was reset for hearing, a lapse explicable, it may be assumed, by his comparative
inexperience and paucity of practice before this Tribunal. it suffices to call his attention to such failing by way of guidance for
his future actuations as a member of the bar.

Buenaseda vs. Flavier

226 SCRA 645; 1993

The language of a lawyer, both oral or written, must be respectful and restrained in keeping with the dignity of the legal
profession and with his behavioral attitude toward his brethren in the profession. Besides, the use of impassioned language
in pleadings, more often than not, creates more heat than light.

Santos vs. Cruz

100 SCRA 538; 1980

The Judge was found guilty of conduct unbecoming a judge by uttering intemperate language during the trial of the case and
was imposed a penalty of fine.

People vs. Taneo

284 SCRA 251; 1998

Counsel should be reminded of his duty to observe and maintain respect due the courts of justice and judicial officers.
Arguments, written or oral, should be gracious to both the court and opposing counsel and be of such words as may be
properly addressed by one gentleman to another.

Urbina vs. Maceren

57 SCRA 403; 1974

A lawyer owes fidelity to the courts as well as to his clients and that the filing on behalf of disgruntled litigants of unfounded
or frivolous charges against inferior court judges and the use of offensive and intemperate language as a means of harassing

Castaneda vs. Ago

65 SCRA 505; 1975

A counsel's assertiveness in espousing with candor and honesty his client's cause must be encouraged and is to be
commended; what we do not and cannot countenance is a lawyer's insistence despite the patent futility of his client's
position, as in the case at bar.

Austria vs. Masaquel

20 SCRA 1247; 1967

The power to punish for contempt of court should be exercised on the preservative and not on the vindictive principle. Only
occasionally should the court invoke its inherent power in order to retain that respect without which the administration of
justice must falter or fail. The power to punish for contempt, being drastic and extraordinary in its nature, should not be
resorted to unless necessary in the interest of justice.
Martelino vs. Alejandro
32 SCRA 106; 1970

Judges must be unduly influenced by publicity. In order to warrant a finding of prejudicial publicity, there must be allegation
and proof that the judges have been unduly influenced, not simply that they might be, by the barrage of publicity.

Nature And Creation Of Attorney-Client Relationship Regala vs. Sandiganbayan

LEGAL ETHICS 8
 G.R. No. 105938; September 20, 1996

An attorney is more than a mere agent or servant because he possesses special powers of trust and confidence reposed on
him by his client. Thus, in the creation of lawyer-client relationship, there are rules, ethical conduct and duties that breathe
life into it, among those, the fiduciary duty to his client which is of a very delicate, exacting and confidential character,
requiring a very high degree of fidelity and good faith, that is required by reason of necessity and public interest based on
the hypothesis that abstinence from seeking legal advice in a good cause is an evil which is fatal to the administration of
justice.
Daroy vs. Legaspi
65 SCAR 304; 65 SCRA 304; 1975

Money collected by a lawyer in pursuance of a judgment in favor of his clients is held in trust and must be immediately
turned over to them. Section 25, Rule 138 of the Rules of Court provides that when an attorney unjustly retains in his hands
money of his client after it has been demanded, he may be punished for contempt as an officer of the court who has
misbehaved in his official transactions and he is liable to a criminal prosecution.

Hilado vs. David

84 Phil 569; 1949

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.

Stone vs. Bank of Commerce

174 US 412; 1899

An attorney, in his capacity merely as such, has no power to make any agreement for his client before a suit has been
commenced, or before he has been retained to commence one. Before the commencement of a suit, or the giving of
authority to commence one, there is nothing upon which the authority of an attorney to act for his client can be based.

Guerrero vs. Hernando

68 SCRA 76; 1975

The respondent is guilty of misconduct as a notary in making it appear in the jurat of a tenancy contract that the affiant
exhibited to him a residence certificate when in fact he did not do so. Such misrepresentation is unquestionably censurable
and justifies disciplinary action against the respondent as a member of the bar and as a notary public, violating the mandate
in his attorneys oath to obey the laws and to do no falsehood.

Uy vs. Gonzales
A.C. No. 5280; March 30, 2004

As a rule, an attorney-client relationship is said to exist when a lawyer voluntarily permits or acquiesces with the consultation
of a person, who in respect to a business or trouble of any kind, consults a lawyer with a view of obtaining professional
advice or assistance. It is not essential that the client should have employed the attorney on any previous occasion or 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, for as long as the advice and assistance of the attorney
is sought and received, in matters pertinent to his profession.

Rilloraza, et. Al vs. Eastern Telecommunications Phil, Inc.

309 SCRA 566; 1999

When a client employs the services of a law firm, he does not employ the services of the lawyer who is assigned to
personally handle the case, but rather, he employs the entire law firm.
A lawyer has the right to be paid for the legal services he has extended to his client, which compensation must be
reasonable. A lawyer would be entitled to receive what he merits for his services. Otherwise stated, the amount must be
determined on a quantum meruit basis.

Government vs. Wagner

54 Phil 132; 1929

A person who is made an attorney-in-fact, with the same power and authority to deal with the property which the principals
might or could have had if personally present, may adopt the usual legal means to accomplish the object, including
acceptance of service and engaging of counsel to preserve the ownership and possession of the principal's property.

Orbit Transportation vs. WCC

58 SCRA 78; 1974

Members of the bar owe fidelity to the courts as well as to their clients and they must show faithful adherence to the
provisions of Rule 7, section 5 that the signature of an attorney constitutes a certificate by him that he has read the
pleading and that to the best of his knowledge, information and belief, there is good ground to support it; and that it is not
interposed for delay with the admonition therein that for a willful violation of this rule an attorney may be subjected to
disciplinary action.

Ledesma vs. Climaco

57 SCRA 473; 1974

Lawyers have an indispensable role as a member of the Bar in the defense of an accused. Such a consideration could have
sufficed for petitioner not being allowed to withdraw as counsel de oficio, for he did betray by his moves his lack of

LEGAL ETHICS 9
enthusiasm for the task entrusted to him; and his appointment as Election Registrar is not a sufficient excuse for said
withdrawal.

People vs. Daeng

49 SCRA 221; 1973

All courts are cautioned against the frequent appointment of the same attorney as counsel de oficio for two basic reasons:
first, it is unfair to the attorney concerned, considering the burden of his regular practice, that he should be saddled with too
many de oficio cases; and, second, the compensation provided for by section 32 of Rule 138 of the Rules of Court (a fixed fee
of P500 in capital offenses) might be considered by some lawyers as a regular source of income, something which the Rule
does not envision.
Gonzales vs. Chavez
205 SCRA 816; 1992

The Court clarified that even when "confronted with a situation where one government office takes an adverse position
against another government agency, the Solicitor General should not refrain from performing his duty as the lawyer of the
government. It is incumbent upon him to present to the court what he considers would legally uphold the best interest of the
government although it may run counter to a client's position.

Oparel vs. Abaria

40 SCRA 128; 1971

Where the client happens to be poor and unlettered, seeking to enforce what he considers his just demands against an
employer, it is even more imperative that matters be explained to him with all precision and clarity. More than that, no effort
should be spared for him to get fully what he is entitled to under the law. The same zeal should characterize a lawyers
efforts as when he is defending the rights of property.
Lawyers Duties In Handling Clients Case Santiago vs. Fojas
248 SCRA 68; 1995

Pressure and large volume of legal work provide no excuse for the respondent's inability to exercise due diligence in the
performance of his duty to file an answer. Every case a lawyer accepts deserves his full attention, diligence, skill, and
competence, regardless of its importance and whether he accepts it for a fee or for free.

Cantiller vs. Potenciano

180 SCRA 246; 1989

Lawyers should be fair, honest, respectable, above suspicion and beyond reproach in dealing with their clients. The
profession is not synonymous with an ordinary business proposition since it is a matter of public interest.

Millare vs. Montero

246 SCRA 1; 1995

Advocacy, within the bounds of the law, permits the attorney to use any arguable construction of the law or rules which is
favorable to his client.
It is unethical for a lawyer to abuse or wrongfully use the judicial process, like the filing of dilatory motions, repetitious
litigation and frivolous appeals for the sole purpose of frustrating and delaying the execution of a judgment.

Choa vs. Chiongson

253 SCRA 371; 1996

As a Member of the Philippine Bar he (the counsel) is bound: (1) by his oath, not to, wittingly or willingly, promote or sue any
groundless, false, or unlawful suit nor give aid nor consent to the same; (2) by Section 20(c), Rule 138 of the Rules of Court,
to counsel or maintain such action or proceedings only as appear to him to be just; and (3) to uphold the Code of Professional
Responsibility. It was incumbent upon him to give a candid and honest opinion on the merits and probable results of the
complainants case with the end in view of promoting respect for the law and legal processes.

Cosmos Foundry Shop Workers Union vs. Lo Bu

63 SCRA 313; 1975

The conduct of denying the facts alleged in a petition is far from commendable. A lawyer should not act like an errand boy at
the beck and call of his client, ready and eager to do his every bidding; failure to keep this in mind puts into serious question
his good standing in the bar.

Gamalinda vs. Alcantara

206 SCRA 468; 1992

A lawyer owes fidelity to the cause of his client and must be mindful of the trust and confidence reposed in him. 13He shall
serve his client with competence and diligence, 14 and his duty of entire devotion to his client's cause not only requires, but
entitles him to employ every honorable means to secure for the client what is justly due him or to present every defense
provided by law to enable the latter's cause to succeed.

J. P. Juan & Sons, Inc. vs. Lianga Industries, Inc.

28 SCRA 807; 1969

The Rules further require in Rule 7 section 5 that "every pleading of a party represented by an attorney shall be signed by at
least one attorney of record in his individual name" and that "the signature of an attorney constitutes a certificate by him
that he has read the pleading and that to the best of his knowledge, information and belief, there is good ground to support
it; and that it is not interposed for delay" with the express admonition that "for a willful violation of this rule, an attorney may
be subjected to disciplinary action."

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 Azor vs. Beltran
63 SCRA 210; 1975

Mere assumptions cannot be the basis of any finding against any member of the bar who, as an officer of the court, is
presumed to act with utmost decorum and good faith in all his dealings. This presumption in favor of the lawyer cannot be
overcome by mere assumption or imputation without any evidence in support of the same.

Visitacion vs. Manit

27 SCRA 523; 1969

A lawyer has no right to presume that the court would grant his last hour motion to withdraw as counsel. An attorney seeking
to withdraw must make an application to the court for the relation does not terminate formally until there is a withdrawal of
record.

Cuaresma vs. Daquis

63 SCRA 1157; 1975

An attorney must practice utmost care in the preparation of his pleadings to leave the least doubt as to his intellectual
honesty. Every member of the bar should realize that candor in the dealings with the Courts is of the very essence of
honorable membership in the profession

Vda. De Zubiri vs. Zubiri

18 SCRA 1157; 1966

The simultaneous representation, by a lawyer, of opposing parties in a suit is brazenly unethical and constitutes malpractice,
which is severely condemned. The Canons of Legal Ethics very explicitly declare, "It is unprofessional to represent conflicting
interests."

Deluao vs. Casteel

G.R. No. L-21906; December 4, 1968

The postponement of hearings does not depend upon agreement of the parties, but upon the court's discretion.
It was the duty of Atty. Ruiz, or of the other lawyers of record, not excluding the appellant himself, to appear before Judge
Fernandez on the scheduled dates of hearing Parties and their lawyers have no right to presume that their motions for
postponement will be granted.

Heirs of Elias Lorilla vs. Court of Appeals

330 SCRA 429; 2000

A client is bound by the conduct, negligence and mistakes of his counsel. Thus, failure of a lawyer to serve notice on the
court and the adverse parties regarding his client's death binds the heirs as much as the client himself could be so bound.

Avelino vs. Palana

39 SCRA 129; 1971

In case of non-appearance in a scheduled trial, a lawyer has the duty to provide the court of a good excuse. Also, he has the
duty to inform his client in due time of his non-appearance so as to enable the latter to go to court to ask for the
postponement of the trial, or to look for another lawyer to represent them in court.

Diman vs. Alumbres

229 SCRA 459; 1998

A lawyer is not justified in assuming that the extension of time sought will be granted, or that it will be granted for the length
of time suggested by him because it is a familiar doctrine that no party has a right to an extension of time to comply with an
obligation within the period set therefore by law. Therefore, it is incumbent upon a lawyer to exercise due diligence to inform
himself as soon as possible of the Court's action on his motion, by timely inquiry of the Clerk of Court, and should he neglect
to do so, he runs the risk of time running out on him, for which he will have nobody but himself to blame.

Saulog vs. Custombuilt Manufacturing Corp.

26 SCRA 1; 1968

Both client and counsel must appear for pre-trial. Failure to appear is a ground for dismissal.

People vs. Casimiro

45 SCRA 554; 1972

The counsel knows that the period for filing the brief was running, thus the Court expects that the matter will be taken care
of him as he was the counsel of record. He should have informed the Court of the developments set forth in his explanation
and as that he be allowed to withdraw as counsel.

People vs. Nadera, Jr.

324 SCRA 490; 2000

Only faithful performance by counsel of his duty towards his client can give meaning and substance to the accused right to
due process and to be presumed innocent until proven otherwise.
The lawyer has the duty to defend his client and protect his rights, n matter how guilty or evil he perceives him to be.

Nueno vs. Santos

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 58 Phil 557; 1933

Respondent attorney consented to the doing of falsehood and deceived the Court when he had an accused plead guilty to an
offense which he did not commit. This constitutes a violation of the lawyers oath that he would do no falsehood nor consent
to the doing of any in court.
Lawyers Fiduciary Obligations

Angeles vs. Uy, Jr.

330 SCRA 6, 17; 2000

The attorney-client requires a high degree of fidelity and good faith, designed to remove all temptation and to prevent
everything of that kind from being done for the clients protection.

Nakpil vs. Valdez

186 SCRA 758; 1998

Members of the bar are expected to always live up to the standards embodied in the Code of Professional Responsibility as
the relationship between an attorney and his client is highly fiduciary in nature and demands utmost fidelity and good faith.

Liwag vs. Neri

107 Phil 852; 1960

A lawyer has committed a breach of professional ethics when he made his believe that the debtors had already been sued in
court, and when he did not return the amount intended for the filing fee. Considering however, that the lawyer has not yet
received anything for his services and that the complainant has subsequently been paid, disbarment or even suspension
would be too harsh and unkind.

Diaz vs. Kapunan

45 Phil 848; 1932

The provision contained in the last paragraph of Article 1459 of the old Civil Code is made to include lawyers, with respect to
any property or rights involved in any litigation in which they may take party by virtue of their profession and office. A lawyer
does not violate this provision when has not purchased property at a public or judicial auction and his participation in the
auction was in representation of his client.

Canlas vs. Court of Appeals

164 SCRA 160; 1988

Lawyering is not a moneymaking venture and lawyers are not merchants, a fundamental standard that has, as a matter of
judicial notice, eluded not a few law advocates. A lawyers efforts partaking of a shakedown of his own client are not
becoming of a lawyer and certainly, do not speak well of his fealty to his oath to "delay no man for money."

Capulong vs. Alino

22 SCRA 491; 1968

A lawyer has the duty to render an account for money received from his client, which he holds in trust. He does not have the
right to use it for any other purpose than those provided for by his client.

Celaje vs. Soriano

A.C. No. 7418; October 9, 2007

The lawyers failure to return money given to him for the filing of a writ of injunction, gives rise to the presumption that he
misappropriated it for his own use to the prejudice of, and in violation of the trust reposed in him by his client. It is a gross
violation of general morality and of professional ethics and impairs public confidence in the legal profession, which in this
case, deserves punishment of two years suspension from practice.

Penticostes vs. Ibanez

304 SCRA 281; 1999

The failure of a prosecutor to immediately remit to the SSS the amount given by the accused as unpaid remittances gives
rise to the presumption that he has misappropriated it for his own use, which a gross violation of general morality as well as
professional ethics. Though not a private lawyer, this rule applies to lawyers in government service in the discharge of their
official tasks, pursuant to Canon 6 of the Code of Professional Responsibility.

Daroy vs. Legaspi

65 SCRA 304; 1975

The relation between an attorney and his client is highly fiduciary in nature. Thus, lawyers are bound to promptly account for
money or property received by them on behalf of their clients and failure to do so constitutes professional misconduct.

Sotto vs. Samson

115 Phil 710; 1962

The statutes prohibiting conveyances of a litigant's property made during the existence of attorney-and-client relationship
(Article 1459, Civil Code) is designed to curtail any undue influence of the lawyer upon his client on account of their
confidential association.

Laig vs. Court of Appeals

82 SCRA 294; 1978

LEGAL ETHICS 12
When a lawyer procures any certificate of title or owner's duplicate certificate, and refuses or neglects, without just cause, to
perform his official duty without prejudice to any disciplinary administrative action that may be taken, he or she may be not
only prosecuted but also disciplined as a member of the Bar.

Go Beltran vs. Fernandez

70 Phil 248; 1940

Violation of Article 1459 of the Civil Code (a lawyer purchasing property subject to litigation) constitutes a breach of
professional conduct, which merits suspended from the practice of law for a period of six months.

LEGAL ETHICS 13