Professional Documents
Culture Documents
To Summarize:
1. The duty to uphold the integrity and dignity of the legal profession and support the IBP.
2. Be courteous, fair and frank to fellow lawyers.
3. Not to assist in the unauthorized practice of law.
4. Not to encroach upon the employment of another lawyer.
Otherwise;
- Denied permission to take the Bar.
- Not allowed to take oath.
- Stricken from the Roll of Attorneys.
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.
Concealment of a crime not involving moral turpitude – the concealment itself is evidence of
sufficient lack of good moral character. Thus, it is still not an excuse.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
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.
Violation makes a lawyer liable for disciplinary action; gross misconduct in office. (Rule 138, Sec.
27, ROC)
This is still in keeping with the lawyer’s duty to uphold the integrity and dignity of the legal
profession.
If a lawyer is not allowed to make misrepresentation and concealment, he is also not allowed to
support an applicant to the Bar whom he knows is not qualified.
Example: Neighbor asks you to execute the testimonial of good moral character but you
wondered if he took up law because for the last 4 years, almost every night you see him in the
street corner having a drinking spree with friends so how could he have attended law school. So
you asked your neighbor what school did he graduate from and he answered that he graduated
in San Carlos. You asked about Joan Largo but he did not know her and when asked about the
law bldg. he answered that it is in Talamban. These are red flags. So you inquired in San Carlos.
Given these circumstances, he may not execute the testimonial of good moral character because
if he does so, he may be held liable under Rule 7.02.
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.
Commission of unlawful act though not related to the discharge of professional duties which
puts his moral character in serious danger and renders him unfit to continue practice of law.
So the conduct of the lawyer can always be subject to investigation by the Supreme Court. The
lawyer cannot say, ‘private naman ni.”
Official state organization requiring membership and financial support of all attorneys as a
condition precedent to the practice of law.
National organization of lawyers (IBP) created January 16, 1973 pursuant to Rule 139-A, ROC.
Constituted as body corporate by the issuance of PD No. 181.
1. In Re: Edillon – Edillon refuses to pay his IBP dues claiming that it is a violation of his
freedom of association. He said that he is being forced to join the IBP when he does not like the
IBP at all. He also said that it is a violation to his right to property because he is forced to part
with his money to pay for his dues.
- SC said that the integration of the bar is a legitimate exercise of police power to regulate an
important profession which is the legal profession. This is because the said profession works
in partnership with one of the 3 branches of government. The activities of the IBP can
benefit not only the lawyers but the society as well. It has legal clinic, legal aid work and
some IBP chapters are also accredited MCLE providers. (In the cases of legal ethics, you
noticed that the IBP is the investigative arm of the Supreme Court. Before the Supreme Court
decides, it refers the case to the IBP to make a report and recommendation).
- As to the violation of freedom of association, the SC said that bar integration does not make
a lawyer a member of an association of which he is already a member. In other words, it is
not the doing of the integration that a lawyer becomes a member of the IBP. This is done by
the lawyer himself by going to law school, by taking the bar, by taking the lawyer’s oath; he
is automatically admitted as a member of the IBP. Integration is only the process of
organizing the lawyers but membership in the IBP is the doing of the lawyer himself. So how
can there be violation in the freedom of association when the lawyer himself made himself a
member of the IBP.
- SC further said that besides, the lawyer is not forced to join the activities of the IBP. He need
not vote in the election of officers. There is no compulsion EXCEPT for the payment of IBP
dues.
- As to right to property, SC said that there is merit to the argument but this right must bow
down to the higher right of the State, which is the police power.
2. Santos vs Llamas (AC No. 4749) – the lawyer here did not pay his IBP dues on the
ground that he is a senior citizen and thus, he must be exempted because under the Senior
Citizens Act, senior citizens are exempted from the payment of income tax. Another is that he
claims that he has a very limited practice as his primary livelihood is farming. He only has 3 cases
with that of his friends.
- SC said that this he should still pay for IBP dues.
DISTINCTIONS BETWEEN INTEGRATED BAR AND OTHER BAR ASSOCIATION (I.E. FIDA, YLAC)
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.
Give your honest advice. That her lawyer did not do the proper thing because her lawyer
owed to her, his 100% loyalty and he seeing her husband without her knowledge and consent
and talking about the custody of their minor children is contrary to her interest. The lawyer is
being unfaithful. You advise her to fire that lawyer. If she asks you to be her lawyer instead, then
you may accept. You are not considered guilty of stealing client because of the exception in Rule
8.02 (“however” part).
PALE Transcript for Finals
PELAEZ Moot Court, 2016
A lawyer shall not negotiate with opposite party who is represented by counsel, without the
latter’s knowledge or presence.
What about witnesses? Can you interview them without the knowledge of the other party or the
other lawyer? – Yes, there is no prohibition only a party.
CANON 9. A LAWYER SHALL NOT DIRECTLY OR INDIRECTLY ASSIST IN THE UNAUTHORIZED PRACTICE
OF LAW.
Only those who are licensed to practice law can practice law.
A lawyer allows her paralegal to appear as counsel.
When we say unauthorized practice of law, what comes to our minds are those non-lawyers who
masquerade as lawyers but lawyers can also be guilty to unauthorized practice of law when:
1. lawyers are public officials and their positions does not allow concurrent practice of law
2. practice of law during the period of his suspension
3. disbarred lawyers who continue to practice law
Canon 9.01. A lawyer shall not delegate to any unqualified person the performance of any task which
by law may only be performed by a member of the bar in good standing.
Rule 9.02. A lawyer shall not decide or stipulate to divide a fee for legal services with persons not
licensed to practice law, except:
1. Where there is a pre-existing agreement with a partner or associate that, upon the latter’s
death, money shall be paid over a reasonable period of time to his estate or to the
persons specified in the agreement; or
Example: A partner died leaving minor children and the spouse have no means to
support the family as she is a full-time wife, and so the partners agreed that for a
period of 5 years, their law firm will give 20% of its earnings to the heirs of the dead
partner. Not allowed, it should be a pre-existing agreement.
3. Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if
the plan is based in whole or in part on a profit sharing arrangement.
CANON 10: A LAWYER OWED 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.
Cases of Falsehood:
- Raising issues long laid to rest by a final and executory judgment.
- Making it appear that a person, long dead, executed a deed of sale in the lawyer’s favor.
- Denying having received the notice to file.
- Presenting falsified document before the court.
- There could also be criminal liability under Article 184; knowingly offering in evidence a
false witness or testimony in any judicial or official proceedings.
Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the
language or the argument of the opposing counsel, or the text of a decision or authority, or knowingly
cite as a law a provision already rendered inoperable by repeal or amendment, or assert as a fact that
has not been proved.
Example: Taking out a line or 2, or a paragraph from existing jurisprudence and then apply it to
suit your argument. It is also possible that your case is not entirely in all fours with that
jurisprudence that you just cited but if you take it out of context it can suit your arguments and
that is misquoting. Misquoting the contents.
This is in keeping to the lawyer’s duty of being honest to the court.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
Take note of the word “knowingly”; maybe not under Rule 10.02 but in other rules such as
negligence for not checking the quoted lines properly, or ignorance of the law, or incompetence.
Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the
ends of justice.
SC said in this case that as officers of the court, lawyers have a responsibility to assist in
the proper administration of justice. They do not discharge this duty by filing pointless petitions
that only add to the work load of the judiciary especially this Court which is burdened enough as
it is. A judicious study of the facts and the law should advise them when a case such as this
should not be permitted to be filed to merely clatter the already congested judicial dockets.
They do not advance the cause of law or their clients by commenting litigations that for sheer
lack of merits do not deserve the attention of the court.
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.
Almacen lost the case and filed an MR but he failed to include in the MR a notice of
hearing. The effect was that the MR was regarded as a mere scrap of paper and does not
interrupt the reglementary period. He appealed to the CA was denied via Minute Resolution, the
same case in the SC. But Almacen was disappointed with the decision through Minute Resolution
PALE Transcript for Finals
PELAEZ Moot Court, 2016
so he filed a petition surrendering his license as a lawyer and that he will take it back only if his
trust in the judiciary is restored. Further he stated that his client has become a victim in the
judicial system, that the justices are hoodlum in robes, etc.
Criticism is allowed but what makes it wrong in the case of Almacen is that they were
not bona fide. He lost the case not because of the doing of the Court but because he bungled it
plus the language was very improper.
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 having no
materiality to the case.
Example: Saying that the Judge is “bogo” that’s why they lose the case.
If no evidence to support then better not to say at all because it might harm the reputation of
the court.
IN RE ARGUAS, 1 PHIL. 1 -the instructed witness not to look at defendant’s lawyer but instead
focus his attention on the former. When the witness did not give heed to the warning, judge
arose from his seat and grabbed the witness by the shoulder.. Lawyer asked that the incident be
placed on the record, was held in contempt.
SC ruled that such act of insisting that the matter be placed on record is not
contemptuous. Lawyers must however be courageous enough to expose arbitrariness and
injustices of judges.
Rule 11.05. A lawyer shall submit grievances against a judge to the proper authorities only.
RULE 12. A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY
AND EFFICIENT ADMINISTRATION OF JUSTICE.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
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 preferences. 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.
There’s a case of a lawyer who filed 3 motions for extension to file his comment but he did not
file a comment afterwards and no explanation was given why he was not able to do so. He was
found guilty of a violation under this rule. The failure gives a prima facie evidence that the
lawyer is merely delaying.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgement or misuse
Court processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial,
while the witness is still under examination.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
To prevent lawyers from teaching or coaching witness to testify in his favor or to rectify some
mistakes or statements damaging to his cause.
In the last analysis, to uphold the truth.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate
another.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
Rights of the witness under the Rules of Court (Sec. 3, Rule 132, ROC)
To be protected from irrelevant, improper or insulting questions and from harsh and insulting
demeanor.
Not to be detained longer than the interests of justice requires.
- Do not prolong if you can finish right away.
Not to be examined except only as to matters pertinent to the issue.
- Relevant questions only.
Not to give an answer which will tend to subject him to a penalty for an offense unless
otherwise provided by law.
- Right against self-incrimination
Not to give an answer which will degrade his reputation, unless it be the very fact at issue or to a
fact from which the fact in issue unless would be presumed. But a witness must answer to the
fact of his previous final conviction for an offense.
Rule. 12.08. A lawyer shall avoid testifying in behalf of his client, except:
a. On formal matters, such as the mailing, authentication or custody of an instrument, and the
like; or
- Because the lawyer is in the best position to be informed on those matters.
b. On substantial matters, in cases where his testimony is essential to the interest of justice, in
which event he must during his testimony, entrust the trial of the case to another counsel.
- Example: The lawyer is the only witness.
- Take note that the lawyer must entrust the trial to another counsel because it will get
confusing as the lawyer will be asking himself during trial.
- The lawyer may only entrust the trial to another lawyer during his testimony and may
not be on the entire trial.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
- Example: The client was charged with attempted murder and his defense was denial and
alibi. The lawyer executed an affidavit that he was with the client and that they were
away at the time of the commission of the crime. Is the lawyer guilty of Rule 12.08?
- Santiago vs Rafanan – According to the SC, Rule 12.08 contemplates of a situation where
there is already a trial; this rule applies only when there is a pending criminal case in
court. If only under preliminary investigation this rule does not apply thus, the affidavit
of the lawyer is not yet a violation of the said rule. Also, the Court said that the
testimony of the lawyer is essential because there is no other person who can testify as
to the whereabouts of the client and will fall under paragraph, should the case graduate
to trial but he must entrust to another lawyer the trial during his testimony.
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.
REASON: To protect the good name and reputation of both lawyer and judge.
To avoid misconstruction of motive so as not to seriously affect the confidence of the litigants
and the public in general on the courts and justice system.
Lantoria vs. Atty. Bunyi – A lawyer prepared draft decisions for the judge. The judge requested
it because he is so busy. The lawyer said that he was just accommodating the request of the
judge and no corruption happened. Also, he claimed that the judge may choose to ignore the
draft decisions. SC said that these were not valid defenses. Actual influence on the court is not
necessary. Appearance of influence or tends to influence the court is already actionable.
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 the party.
Evil sought to be avoided by the rule: TRIAL BY PUBLICITY; tending to arouse the media
Trial by Publicity – when there is overwhelming public opinion regarding the case.
Effect of Trial by Publicity – Judge no longer decides independently based solely on facts,
evidence and law but also his decision is not tainted with overwhelming public opinion.
Lawyers who are interviewed by the media – they must deliver the statement to the media so as
not to violate this rule by merely quoting the statements and argument already found in the
pleadings, do not go beyond the pleadings.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
When is trial by publicity prejudicial? There must be allegation and proof that the judges have
been unduly influenced, not simply that they might be, by the barrage of publicity.
13.03 – A lawyer shall not brook or invite interference by another branch or agency of the government
in the normal course of judicial proceedings.
The courts are supposed to be independent and the lawyer must respect this.
Example: Writing to the Office of the President asking him to intervene in the judicial
proceedings.
This will be violative of the judicial independence that the judiciary must have.
Aggrieved lawyers must go to the Supreme Court, which is the proper authority.
Rule 14.01 A lawyer shall not decline to represent a person solely on account of the latter’s race,
sex, creed, or status of life, or because of his own opinion regarding the guilt of said person.
Can a refuse to represent an accused on the sole reason that he believes the latter to be guilty?
- No. There is the presumption of innocence before proven guilty. An innocent person, who is a
victim only of suspicious circumstances might be denied of proper defense if lawyers are allowed to
decline just because mukhang guilty.
- NO, otherwise, the lawyer assumes the character of a judge. Innocent persons who are victims
only of suspicious circumstances might be denied proper defense. The lawyer should defend the
accused by all means that the law permits regardless of his personal opinion as to the guilt of the
accused.
Remember: just because a lawyer cannot decline a case, it does not give the lawyer the license to
resort to unethical and illegal means to defend his client which he thinks is guilty. “Mura man jud nig
guilty akong client, mapugos na lang jud ko anig pamakak sa akong defense.
The lawyer could ensure that they invoke the proper defenses; avail the mitigating circumstance
which are in the client’s favor; yes the client is guilty but the crime has prescribed, that’s a ground to
quash an information or move to dismiss the criminal case; the penalty has prescribed; the information
PALE Transcript for Finals
PELAEZ Moot Court, 2016
does not allege an offense; the information was filed by a person unauthorized. These are the grounds
under the rules of court that you can invoke, regardless if your client is guilty or not.
What if the lawyer is certain that the client is guilty because he confessed? Can the lawyer refuse the
case?
- If the lawyer discovers that his client is guilty, he should continue with the defense and use all fair
and reasonable means in doing so; see to it that due process is observed and that he is accorded the
correct penalty. If prosecution fails to prove the guilt beyond reasonable means, then invoke for client’s
acquittal. Under such circumstance, the accused is legally entitled to an acquittal.
Example Situation:
The client confessed that he forged the document. The prosecution on the other hand submitted
evidence. What evidence? A mere photocopy of the original document; not even a certified photocopy.
As defense counsel what should you do?
- You can object to the evidence. Or move for the acquittal of the client. Why? Because the
evidence is insufficient. It is because if we are talking about forgery, the best evidence is the original
copy or at the very least a certified copy.
Is this rule (the rule that you cannot decline a case just because the client is at fault/guilty) applicable in
civil cases?
- NO. In civil cases, it is the lawyer’s duty to counsel or maintain such actions or proceedings only as
appear to him to be just, and such defenses that he believes are honestly debatable unde the law. The
lawyer’s signature in a pleading is deemed a certification by him that he has read the pleading, that to
the best of his knowledge, information and belief, there is good ground to support it.
Rule 14.02 A lawyer shall not decline, except for serious and sufficient cause, an appointment as
counsel de oficio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.
If you are appointed as counsel de officio or amicus curae, do not decline except you have sufficient
cause.
- Yes if he wants to hire a counsel of his own choice, he cannot be compelled to accept counsel de
oficio. But the accused cannot use to this as means to delay a case or defeat the proceedings.
Can the judge assign a lawyer to render free legal aid to destitutes or indigents in civil cases?
- Yes, under Section 31 Rule 138 where the services of counsel are rendered to attain the ends of
justice.
But it’s no longer called counsel de officio. Counsel de oficio is for criminal cases only. But the judge
can also assign a lawyer to civil case and look at the ground it’s very broad; so it’s on the discretion of
the judge.
Rule 14.03 A lawyer may not refuse to accept representation of an indigent, unless:
A.) he is not in a position to carry out the work effectively or competently;
PALE Transcript for Finals
PELAEZ Moot Court, 2016
B.) he labors under a conflict of interest between him and the prospective client
or between a present client and the prospective client.
Example:
A case where the lawyer is counsel for complainant. But it was found out that the same lawyer
also prepared the answer for the complaint. His defense: gi print ra sa opisina, dili siya ang gahimo
atu. Tenable defense? NO. Another defense: I am not the counsel of record for both parties.
SC said: For there to be conflict of interest, it is not required that you should be counsel of
record for both parties, otherwise, we will only be punishing the most obvious form of conflict of
interest. And kani bayang conflict of interest, this is usually done covertly (done secretly but not on
record).
Rule 14.04 A lawyer who accepts the cause of a person unable to pay his professional fees shall
observe the same standard of conduct governing his relations with paying clients.
- same degree of diligence or care should be given to paying and non-paying clients
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 of his own interest and if so shall
so, forthwith inform the prospective client.
- This is logical. While talking to a client, you realize there is conflict of interest, you should stop it
right then and there. It would be unethical for a lawyer if, after realizing that there is conflict of interest,
the lawyer would still ask for more questions and ask for more information. Because it is unfair to the
person giving the information.
Example:
In a labor case, there’s one complainant and several respondents in a labor case. The lawyer of the
complainant is a counsel of one of the respondents. His theory is that the complainant and this one
respondent are in the same footing because according to him, his client who is one of the respondents is
not guilty. There is colorable truth to his theory because the LA’s decision found the respondents guilty
except his client. So according to him, there is no conflict of interest.
SC said, notwithstanding that defense, the records of the case are clear that he filed the complaint
and as counsel of one of the respondent, he filed a motion to dismiss his own complaint. And as counsel
of the complainant, he filed an opposition to his motion to dismiss. Then several other pleadings that
quarrel with one another filed by one lawyer.
- GR: NO.
Exc: Rule 15.03 by written consent of all concerned given after a full disclosure of the facts.
What if you are the long time lawyer of two companies. All of a sudden nagkihaay ang duha. Then you
are representing both of them. Is there a conflict of interest?
- YES. So you should inform them of the conflict of interest.
Can you choose which among the two will you represent?
- Yes. But still with the written consent of both 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.
Example:
Yesterday: A mayor of a municipality went to your office for consultation about their project for
computers. The project went through proper bidding, but the prices is not reasonable because it is over-
priced. And there is a business man who complained about the bidding process. You advised him na
over-priced jud, and the specs are not remarkable at all. Mahal ra. So the mayor responded and said
that he will not hire you anymore as his counsel.
Today: A business man paid you a visit. He said that he is engaged in a business of
selling computers. He said he participated in the procurement of computers in a certain municipality. He
said he had the lowest bid with very good specs. Then you realized that he was referring to the project
of the mayor who talked to you yesterday. So the business man wants to hire the lawyer. He wants to
file a case against the municipal officials.
Should you take the case? Is there conflicting interests? The mayor did not hire you. Is it your fault na
wala ka gi hire ni mayor?
- The answer is in Hilado vs David. Where the lawyer did not accept the case but he represented the
adverse party after consultation by the other.
Hilado v David:
It is not essential that the client should have employed or paid the lawyer professionally; mere
onsultation suffices to establish a lawyer-client relationship. Lawyer should not represent conflicting
interests. The lawyer need not be employed, he need not even be paid. The duty not to represent the
conflicting interest is already there. MERE CONSULTATION SUFFICES TO ESTABLISH A LAWYER CLIENT
RELATIONSHIP. There being such relationship, there is already the duty not to represent a conflicting
interest.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
- It applies during consultation and even after the client-lawyer relationship is terminated. It
outlasts the relationship.
Example:
Two brothers are charged with murder. They are represented by the long time lawyer of their
faamily. They are Brothers A and B. In the witness stand, A testified and dropped a bomb shell saying
“Dili ko guilty. Ako rang brother ang guilty.” This caught the lawyer by surprise. Then the prosecution
manifested that they will utliize A as a state witness.
Rule 15.02 A lawyer shall be bound on the rule on the privilege communication in respect of the
matters disclosed to him by a perspective client.
What is covered?
- All forms of communication.
If the lawyer is asked to disclose the privileged communication, who will give consent?
- The client.
If the clerk, stenographer, or lawyer’ secretary is asked to disclose, who will give the consent?
- Both lawyer and client.
An attorney cannot, without consent of his client, be examined as to any communication made by the
client to him or his advice given thereon in the course of OR WITH A VIEW TO PROFESSIONAL
EMPLOYMENT.
This tells us that attorney client relationship already exist even if it is still during consultation. The client
need not hire the lawyer in the end or the lawyer need not take the case, as long as there have been
communication with a view to professional employee
- When you reach 4th year, you will be handling cases but remember that the privilege also
apply to you.
Purpose:
1. To encourage clients to fully disclose to the lawyer without fear.
2. To enable counsel to obtain information so as not to be mislead in the evaluation of the
merits or demerits of the client
A lawyer can only have a true appreciation of the client’s case if he knows all the pertinent facts.
And only if the lawyer can know the pertinent facts that he can arrive for workable strategy on how
to manage and handle the case.
So if the client withholds valuable information, that can be the skew of the lawyer’s picture of the
case. And it is unfair on the part of the lawyer.
To know a valuable information the first time the client testifies, there is a danger that all the
strategy is thrown out of the window kay mausab tanan if di sya kahibaw.
Regala vs Sandiganbayan - the issue is: Whether the identity of the client is covered by the attorney-
client privilege? Can the lawyer even refuse to disclose the identity of his client by invoking the attorney-
client relationship?
GR: Lawyers may not refuse to divulge the identity of his client
- As a matter of public policy, a client's identity should not be shrouded in mystery:
1. The court has a right to know that the client whose privileged information is sought to be protected
in flesh and blood.
2. The privilege begins to exist only after the attorney-client relationship has been established.
3. The privilege generally pertains to the subject matter of the relationship
4. Due process considerations require that the opposing party should, as a general rule, know his
adversary.
EXCEPTIONS
1. When there is a strong probability exists that revealing the client's name would implicate that client in
the very activity for which he sought the lawyer's advice.
2. Where disclosure would open the client to civil liability.
3. Where the government's lawyers have no case against an attorney's client unless, by revealing the
client's name, the said name would furnish the only link that would form the chain of testimony
necessary to convict an individual of a crime.
Other Exceptions
-the content of any client communication to a lawyer lies within the privilege if it is relevant
to the subject matter of the legal problem on which the client seeks legal assistance
-where the nature of the attorney-client relationship has been previously disclosed and it is the identity
which is intended to be confidential, the identity of the client has been held to be privileged, since such
revelation would otherwise result in disclosure and the entire transaction.
*information relating to the identity of a client may fall within the ambit of the privilege when
PALE Transcript for Finals
PELAEZ Moot Court, 2016
the client's name itself has an independent significance, such that disclosure would then reveal client
confidences.
Rule 15.04 A lawyer may, with the written consent of all concerned, act as mediator, conciliator,
or arbitrator in settling disputes.
Rule 15.05 A lawyer when advising his client, shall give a candid and honest opinion on the merits
and probable results of the client’s case, neither overstating nor understating the prospects of the
case.
- This is the duty of being honest to your client. Do not give the client that which he wants to hear.
Do not overstate and do not understate.
A man is shot dead in Colon. There is now preliminary investigation for a complaint for murder against
the shooter. The shooter goes to a lawyer and seeks for his advice. What’s the evidence against the
shooter? Then the prospective client aid, there is an eye witness about 50 of them. And all of them
already executed affidavit. What else? CCTV footage. And the lawyer said, “Don’t worry you will not go
to jail. Ang katung mga ebidensya wala tuy silbi.” - this is overstating.
- The lawyer is giving false hope to the client and to you the lawyer – He is subjecting himself to
unnecessary stress and pressure to win because he promised that a difficult case is winnable. And
because of too much pressure, the lawyer might push him to resort to extra-legal means just to make
good of his false prediction.
If you lose – What will the client think of the lawyer? - Incompetent, bakakon, neglectful because how
did he lose a case which he represented as winnable.
But even though it is not written in any code, it’s common sense that you should not promise a
victory. Because the lawyer is not an ensurer of the outcome of the case. There are many factors
beyond the lawyer’s control. So how do you correctly do it?
- You can perhaps give the client the pros and cons of his case. You can do that in a subtle way without
promising any victory by telling him the strength and weakness of the case. It’s up to the client to think
the outcome.
Rule 15.06 A lawyer shall not state or imply that he is able to influence any public official, tribunal
or legislative body.
- This is because a case should be won based on merit and not because the lawyer knows he
judge or arbiter. Example: “Kanang mga labor arbiter diha, ako man nang mga classmates sauna. Kusug
pa jud na mangopya. I can just give them a call” - unethical
PALE Transcript for Finals
PELAEZ Moot Court, 2016
Rule 15.07 A lawyer shall impress upon his client compliance with the laws and the principles of
fairness.
- It is the lawyer who should hold the rail. The client should yield to the lawyer and not the other
way around.
Wicker vs Arcangel
―I was just Lawyering. I was just serving as a mouth piece of my client + contemptuous statements
against the judge. - not a valid defense
Lawyers should advice client on matters of decorum and proper attitude towards courts of justice
Let’s say the lawyer must curve the client’s desire to publicize the litigation. Curve the clients
desire to match on the streets and rally.
There’s a particular case where a union has a pending appeal in the CA and dugay na kaau, wala pa juy
action sa CA. so the Labor Union went to their lawyer, that he will stage a picket before the CA to
remind them of their case and position. The lawyer advised them to pursue with the picket because it is
their right to peaceably assemble, it is also an exercise of their freedom of speech and expression.
Supreme Court held that it is UNETHICAL for the lawyer to make such advice. The lawyer should know
that Picketing and Rallying before courts and any other quasi-judicial agencies are forms of influence on
such forum.
- Remember that even the appearance of influencing the court is already unethical. You do not
prove actual influence on the court
Rule 15.08 A lawyer who is engaged in another profession or occupation concurrently on the
practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity.
- Remember lawyers may practice other professions. But they must make it clear to the client in
what capacity are they acting on, whether as a lawyer or in another capacity.
- This is to protect the client.
Make it appear to the lawyer if you are still being a lawyer or you are not being a real estate agent or an
insurance agent.
Example:
―Mam, mao ni nahitabo sa atong kaso. Naghearing yesterday and these are blah blah
blah.. Do you have any questions? ―No more attorney, everything is perfect, thank you
o ―so wala na man kay questions mam, karun naa koy baligya nimo nga yuta (sales talk dayun)‖
- In this case, the lawyer must make it clear that this time around, he is
no longer acting as a lawyer but rather, acting as a real estate agent
whose primary purpose is to sell and to profit.
- This is also in order for client to be wary. “Ay dili na ko motuo aning attorney oi, namaligya na ni
siya.”
CANON 16 A lawyer shall hold in trust all money and properties of his client may
come into his possession
PALE Transcript for Finals
PELAEZ Moot Court, 2016
In so far as his client is concern, there are DUAL ROLES OF THE LAWYER:
1. that of a fiduciary or a trustee – at most good faith and fidelity on the part of the lawyer; strict
compliance with canon 14-22
2. as agent of the client – to appear in court as representative of the client, binds the client in matters of
judicial proceedings;
Regala vs Sandiganbayan
The Supreme Court made it clear that the lawyer is more than an ordinary agent, he is an officer of the
court. The lawyer controls the case and if his client insists on illegal means, it is the lawyer’s ethical duty
not to follow the client’s instructions.
An ordinary agent would have to follow principal instructions. But the lawyer may or may not follow; it
depends on the lawyer’s discretion. IT’S MORE THAN AN ORDINARY AGENT.
- It even constraint the client to look for another lawyer just so he can file a collection suit against
his other lawyer.
2. Securing money from client for fictitious bond and appropriating the same
- Misappropriating money given by client to be used for amicable settlement. In fact, the
lawyer did not even attempt to enter into amicable settlement and just pocketed the same.
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.
No co-mingling of funds – do no mingle your own funds with client funds or if you are handling funds of
different client, keep all of them separate.
REASONS:
1. To avoid confusion
- How much go to whom? How much do I own here and how much will go to my client?
PALE Transcript for Finals
PELAEZ Moot Court, 2016
Reasons:
The lawyer might take advantage of his legal superiority.
There is also moral ascendancy.
There can also be an undesirable effect on the lawyer.
Exceptions:
1. If the client’s interests are fully protected by the nature of the case or by independent
advice.
- Let’s say your client is a bank. Ofcourse the bank also has other lawyers who will protect
its interests. You are considered to be equally balanced.
Can the lawyer shoulder the expense and extend it by way of a loan?
- YES. Ako lang sa. Pero kung naa na ka kwarta, bayri jud dayon ko. Allowed? Yes in the interest of
justice he has to advance the expenses. It is in the legal matter he us handling for the client.
Client borrow money from lawyer because fiesta na sa ila. Can the lawyer lend?
- NO, the law is very particular. The loan must be necessary, a legal expense in a
legal matter that the lawyer is handling.
Can a lawyer enter into business transaction with the client? Example, they will open a restaurant.
Capital ang sa client, and lawyer ang chef.
- YES, it is allowed because there is no prohibition. He is not barred from dealing with his client
but he transaction must be exercised with outmost honesty and good faith. Much higher standard of
good faith required.
What if the business of the lawyer is lending? Pwede sya kapahulam sa iyang client (kay different
business transaction man na?
PALE Transcript for Finals
PELAEZ Moot Court, 2016
- The law that will apply is 16.04. You cannot lend to a client bisag your business is lending pa na.
Basta imong client, dili ka kapahulam.
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.
1. RETAINING LIEN – also known as the general or a possessory lien. This is the right of the lawyer to
withhold his clients’ property (funds and documents) that lawfully comes to his possession until
payment of his attorney’s fees.
Example:
The lawyer has in his possession the client’s original title to his property. Months later, the lawyer
does not need the title anymore however, wa nay bayad2 ang client sa attorney’s fees. Then the client
wants to get back the title because he needs it. So the lawyer says he will return his title if the client will
pay his attorney’s fees.
judgment, or issuing such execution and shall have caused written notice thereof to be delivered
to his client and to the adverse party.
4 REQUISITES:
1. the lawyer has won the case for the client, it is already final and executor
2. it is a money judgment
3. the lawyer must annotate his claim for attorney’s fees in the record of the case
4. written notice to the losing party and to his client
Example:
The lawyer has won the case for the client and the judgment award is 100K. The lawyer has an
amount of unpaid attorney’s fees of 30K, he annotate his claim and give written notice to his client and
the losing party.
As a result a legal fiction is created. It is as if the lawyer won or the prevailing party litigant in the case.
But the execution of the money judgment in his favor extends only in so far as the amount of his fees
and disbursements.
2. the thing retained should have lawfully come into possession of the lawyer under circumstances
consistent with the enforcement of a lien for services
- thus a retaining liens does not apply to funds coming into the lawyers possession in trust
example: the lawyer took a part of the amount which was supposed to be paid for the capital gains tax
PALE Transcript for Finals
PELAEZ Moot Court, 2016
para bayad iyahang attorney’s fees, ang ending kuwang ang nabayad sa sa BIR - Proper exercise of
retaining lien? No because the fund was already alloted and in trust for a particular purpose. He should
devote the fund for that particular purpose so he cannot exercise his retaining lien.
3. a lawyer cannot retain files that the client needs to pursue his case
So if the client fires you and he needs the files, you did not give it because of his unpaid dues. But the
client needs the documents to pursue his case. Then there can be no retaining lien.
CHARGING LIENS
1. the lawyer has won the case for the client, it is already final and executory
2. it is a money judgment
3. the lawyer must annotate his claim for attorney’s fees in the record of the case
4. written notice to his client AND TO THE ADVERSE PARTY
- The lawyer shall have the same right and power over such judgments and executions as his
client would have in order to enforce his need
- So a legal fiction is created – it is as if the lawyer won or is the prevailing party litigant in the
case – but the execution of money judgment in his favor is only as so far as the amount of his fees.
Let’s say all the requisites have been complied with but the losing party paid the entire money judgment
to the client.
Q: Can the lawyer still collect FROM THE LOSING PARTY?
A: YES, because that’s the effect of a charging lien. The losing party cannot claim ignorance because he
has been notified but nonetheless he paid everything to the winning party.
REMEDY OF THE LOSING PARTY: Reimbursement from the winning party on the ground of UNJUST
ENRICHMENT.
Q: Damages?
A: Yes
BASIS OF RL – lawful possession of papers documents and funds belonging to the client
Can you exercise RL even if you are not handling litigation for the client? – Let’s say simply advisory, but
you have funds and documents of your client
– YES. It is not dependent on any favorable outcome of the litigation.
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.
Rule 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not
qualified to render. However, he may render such service if, with the consent of his client, he can
obtain as collaborating counsel a lawyer who is competent on the matter.
A lawyer is not required to be competent. However, if you can say that you are not competent in
that field of law anymore, then do not undertake legal service. Lawyers are only human; you cannot
expect him to know all cases. This is possible if you specialize a certain field of law, and you feel you are
no longer qualified to take cases from another field. It would be unethical for a lawyer to take a case
knowing that he is not competent to handle it.
Rule 18.02 A lawyer shall not handle any legal matter without adequate preparation.
Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection there with shall render him liable.
Generally, a criminal conviction is not set aside, no retrial will be held in civil cases but in exceptional
PALE Transcript for Finals
PELAEZ Moot Court, 2016
3. Criminal conviction may be set aside if the errors of the defense counsel were so shocking that they
deprived the accused of the constitutional right to effective counsel
You can set aside conviction but it must be proven that the counsel’s acts or omissions were outside the
range of professionally competent assistance. And the negligence must have an actual effect on the
outcome of the case, not just a conceivable or a speculated effect on the outcome of the case.
Example:
A lawyer who simply forgot the case. Which explain why he wasn’t able to appear hearings and he did
not file a single pleading. He completely forgot about it. Very shocking so this is an exception.
A contrary rule would have a disastrous result. Because if that is the case, we will be putting premium to
negligence. If a party senses nga pildihunon na jd siya, he can always say “Pildihunon na man gyud ko
Sir, magpa as if negligent na lang ko para makapa re-trial ta. We can have the decision reversed. We can
ask for a new trial” So in effect, we are now rewarding negligence.
“Ay napildi ko. Maygani negligent tu akong lawyer. Pwede ra jud ko magpa re-trial.”
So, the client must be bound by the counsel’s negligence. Except those mentioned exceptional cases,
where the application of the general rule will result to serious injustice and outright deprivation of the
PALE Transcript for Finals
PELAEZ Moot Court, 2016
Rule 18.04 A lawyer shall keep the client informed of the status of his case and shall
respond within a reasonable time to client’s request for information.
The lawyer must keep in touch with client for updates and status of the case. He should be ready if the
client has questions regarding he case. There is a duty to keep the client informed.
It is also the duty of the client-litigant to be in contact the lawyer from time to time in order to be
informed of the progress of his case. This is a corresponding duty on the part of the client. No prudent
party would leave the fate of his case entirely to his lawyer. Litigant should give necessary assistance to
his counsel for what is at stake is their interest in the case.
Atty. R:
Take note of the phrase within the bounds of the law because no amount of zeal can ever justify
breaking the law. The zeal should be within the parameters of what is legal.
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his
client and shall not present, participate in presenting or threaten to present unfounded criminal
charges to obtain an improper advantage in any case or proceeding.
Atty R.:
Counter charges/suits are allowed as long as these are grounded on facts and law but if it is filed just so
to get leverage or to have bargaining power over the other party then it is unethical.
Rule 19.02 - A lawyer who has received information that his client has, in the course of the
representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to
rectify the same, and failing which he shall terminate the relationship with such client in accordance
with the Rules of Court.
Atty R.:
If you found out that your client is lying and presented a false document while on the witness stand. You
should follow the steps laid down in rule 19.02. Ask the client to rectify first and if the client refuses then
PALE Transcript for Finals
PELAEZ Moot Court, 2016
the lawyer can terminate their relationship because a lawyer cannot be a party to a fraud. However, the
lawyer cannot expose the fraud because it will be betraying a clients secret.
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.
He (the lawyer) should follow his own decision and not that of his client. Thus, a lawyer may
agree to postpone the trial of the case, despite the client’s contrary wishes, if the opposite counsel is
sick or under bereavement, or under other justifiable causes.
Counsel however is bound to comply with his client’s lawful requests.
Atty R.:
There are matters which the client ultimately has to decide.
Ex. Settling cases (it is the client who decides and the lawyer can only recommend)
Appeal
Article 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial
costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
PALE Transcript for Finals
PELAEZ Moot Court, 2016
(2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to
incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly
valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;
(8) In actions for indemnity under workmen's compensation and employer's liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that attorney's fees and expenses of
litigation should be recovered.
In all cases, the attorney's fees and expenses of litigation must be reasonable.
-The contract for attorney's fees is consensual like any other contract. They can agree as to what kind of
arrangement and can combine any or all the arrangements as long as both the client and the lawyer
consents.
Difference:
Champertous Contract Contingent Contract
Lawyer undertakes to bear all expenses Lawyer only waives his attorney's fees and
incident to the litigation does not undertake to bear expenses
Payable in cash or in kind Payable in cash or in kind
Void; against public policy and ethics of the Valid
profession
PALE Transcript for Finals
PELAEZ Moot Court, 2016
Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(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.
Quantum Meruit
Determination of attorney’s fees which is as much as the lawyer deserves;
“As much as he deserves”
Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division
of fees in proportion to the work performed and responsibility assumed.
Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from anyone other than the client.
Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall
resort to judicial action only to prevent imposition, injustice or fraud.
Assumpsit
The action filed by a lawyer against his client for collection of attorney’s fees.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER
THE ATTORNEY-CLIENT RELATION IS TERMINATED.
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
(a) When authorized by the client after acquainting him of the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial
action.
Exception No.1: When authorized by the client after acquainting him of the consequences of the
disclosure.
Authorization amounts to a waiver on the part of the client
If the witness to be examined is the lawyer’s secretary, stenographer or clerk, consent of client is NOT
enough.
In such case: CONSENT OF THE CLIENT AND THE LAWYER MUST BOTH BE OBTAINED.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
Exception No. 3: When necessary to collect fees or to defend himself or his staff by Judicial Action
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the
course of employment, nor shall he use the same to his own advantage or that of a third person,
unless the client with full knowledge of the circumstances consents thereto.
Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his
files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting,
data processing, or any similar purpose.
- A lawyer must refuse to give the files of the client which are treated as confidential to any
other person without the client's written consent.
Ex. NBI asks the lawyer to give them the client's files for investigation of investment fraud.
Thereafter the lawyer calls the client through phone and the client consents with the giving of
the files. The lawyer still should not give out the files because the consent of the client was
obtained only through phone. Written consent is necessary.
People vs. Sy Juco, 64 Phil. 667 – Court cannot order the opening of a lawyer’s cabinet seized by virtue
of a search warrant which cabinet contains confidential files of his client.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof
unless prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services
are utilized by him, from disclosing or using confidences or secrets of the clients.
The lawyer is obliged to exercise care in selecting and training his employees so that the sanctity of all
confidences and secrets of his clients may be preserved.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of
his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to
avoid possible conflict of interest.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE
APPROPRIATE IN THE CIRCUMSTANCES.
Withdrawal by Lawyer:
1. With consent of the client
2. Without consent of the client
Withdrawal by lawyer with the consent of the client, how effected (Sec. 26, Rule 138, ROC):
An attorney may retire at any time from any action from any action or special proceeding,
a. By the written consent of his client;
b. Motion for withdrawal filed in court;
c. Served upon the adverse party.
Withdrawal by lawyer without the consent of the client, how effected (Sec. 26, Rule 138, ROC):
An attorney may retire at any time from an action or special proceeding,
a. Without the consent of his client;
b. If upon hearing after due notice to both layer and client
c. The court determine if the lawyer ought to be allowed to retire
Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(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;
- must be deliberate in order to be a ground for withdrawal
(f) When the lawyer is elected or appointed to public office; and
- refers to a public office which allows the concurrent private practice of law the lawyer may or
may not withdraw but if the public office absolutely prohibits the private practice of law then
it is mandatory for the lawyer to withdraw from all his cases.
(g) Other similar cases.
When it is apparent that the lawyer may be required to act as a witness on substantial matters
When the client insists on perjuring testimony
Where client refused cooperation
Court Action in Case of Substitution of Counsel (Sec. 26, Rule 138, ROC):
- The name of the lawyer newly employed shall be entered on the docket of the court in place of
the former one, and
- Written notice of the change shall be given to the adverse party
-important for due process purposes
Lawyers Cease to be Attorneys for their Clients in Case of the Death of the Latter
In the absence of a retainer from the heirs or authorized representatives of his deceased client, the
attorney would have no further power or authority to appear or to take any further action in the case,
save to inform the court of his client’s death and take the necessary steps to safeguard the decedents
rights in the case.
- The lawyer cannot force the heirs to retain him as the lawyer of the decedent. The heirs are
not bound.
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately
turn over all papers and property to which the client is entitled, and shall cooperative with his
successor in the orderly transfer of the matter, including all information necessary for the proper
handling of the matter.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
2. Admonition.
A gentle or friendly reproof, mild, rebuke, reminder, counseling, on a fault, error or oversight
3. Fine
A pecuniary punishment which courts impose against a miscreant lawyer
Imposed in accord with criminal violations of the law or as a consequence of the contempt power of
the court.
4. Reprimand
more severe nature; a public and formal censure or sever reproof, administered to a person in
fault by his superior officer or a body to which he belongs
5. Suspension
The act of prohibiting an attorney from practicing law for a certain period
“Qualified disbarment” because the attorney is deprived temporarily of the right to practice his
profession.
Suspension shows that a lawyer is currently not a member in good standing
6. Disbarment
It deprives a person of the right to practice as an attorney-at-law
Consequently:
The attorney’s name is stricken from the Roll of Attorneys
He ceases to be a member of the bar
7. Contempt
8. Imprisonment
Direct contempt
Misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the
same, including disrespect toward the court, offensive personalities toward others, or refusal to be
sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do
so.
Indirect contempt
a.) Misbehavior of an officer of a court in the performance of his official duties or in his official
transanctions;
b.) Disobedience of or resistance to a lawful writ, process, order , or judgment of a court, including
the act of a person who, after being dispossessed or ejected from any real property by the
judgment or process of any court or competent jurisdiction, enter or attempts or induces
another to enter in to or upon such real property, for the purpose of executing acts of
ownership or possession, or in any manner disturbs the possession given to the person adjudged
to be entitled thereto;
PALE Transcript for Finals
PELAEZ Moot Court, 2016
c.) Any abuse of any unlawful interference with the processes or proceedings of a court not
constituting direct contempt under section 1 of this Rule;
d.) Any improper conduct tending, directly or indirectly, to impede, obstruct or degrade the
administration of justice;
e.) Assuming to be an attorney or an officer of a court, and acting as such without authority;
f.) Failure to obey a subpoena duly served;
g.) The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of
an order or process of a court held by him.
Acts Committed After Admission to Practice (Sec. 27, Rule 138, ROC):
Deceit
Malpractice, or other gross misconduct in office
Grossly immoral conduct
Conviction of a crime involving moral turpitude
Violation of the Lawyer’s Oath
Willful disobedience of any lawful order of a superior court
Corrupt or willful appearance as an attorney for a party to a case without authority to do so
Deceit.
Fraudulent and deceptive misrepresentation, artifice, or device, used by one or more persons to
deceive and trick another, who is ignorant of the true facts, to the prejudice and damage of the party
imposed upon.
Legal malpractice consists of failure of an attorney to use such skill, prudence, and diligence a
lawyers of ordinary skill and capacity commonly possess and exercise in performance of tasks which
they undertake and when such failure proximately causes damage, it gives rise to an action in tort.
Others:
- Violation of Oath of Office
- Willful Disobedience of any Lawful Order of a Superior Court
- Willful Appearance for a Client without being employed
Apology
Lack of intention to slight or offend the court
Other analogous circumstances
Reinstatement
Restoration to a disbarred lawyer, the privilege to practice law
Readmission to membership in the Bar
Only the Supreme Court can dismiss administrative cases against lawyers.
RULE 139-B
Disbarment and Discipline of Attorneys
Section 1. How Instituted. — Proceedings for the disbarment, suspension, or discipline of attorneys may be taken
by the Supreme Court motu propio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of
any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by
affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may
substantiate said facts.
The IBP Board of Governors may, motu propio or upon referral by the Supreme Court or by a Chapter Board of
Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including
those in the government service.
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its
chapter who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator.
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES
Section 2. National Grievance Investigators. — The Board of Governors shall appoint from among IBP members an
Investigator or, when special circumstances so warrant, a panel of three (3) investigators to investigate the
complaint. All Investigators shall take an oath of office in the form prescribed by the Board of Governors. A copy of
the Investigator's appointment and oath shall be transmitted to the Supreme Court.
An Investigator may be disqualified by reason of relationship within the fourth degree of consanguinity of affinity
to any of the parties of their counsel, pecuniary interest, personal bias, or his having acted as counsel to his acting
as such Investigator. Where the Investigator does not disqualify himself, a party may appeal to the IBP Board of
Governors, which by majority vote of the members present, there being a quorum, may order his disqualification.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
Any Investigator may also be removed for cause, after due hearing, by the vote of at least six (6) members of the
IBP Board of Governors. The decision of the Board of Governors in all cases of disqualification or removal shall be
final.
Section 3. Duties of the National Grievance Investigator. — The National Grievance Investigators shall investigate
all complaints against members of the Integrated Bar referred to them by the IBP Board of Governors.
Section 4. Chapter assistance to complainant. — The proper IBP Chapter may assist the complainant(s) in the
preparation and filing of his complaint(s).
Section 5. Service or dismissal. — If the complaint appears to be meritorious, the Investigator shall direct that a
copy thereof be served upon the respondent, requiring him to answer the same within fifteen (15) days from the
date of service. If the complaint does not merit action, or if the answer shows to the satisfaction of the Investigator
that the complaint is not meritorious, the same may be dismissed by the Board of Governors upon his
recommendation. A copy of the resolution of dismissal shall be furnished the complainant and the Supreme Court
which may review the case motu propio or upon timely appeal of the complainant filed within 15 days from notice
of the dismissal of the complainant.
No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise,
restitution, withdrawal of the charges, or failure of the complainant to prosecute the same, unless the Supreme
Court motu propio or upon recommendation of the IBP Board of Governors, determines that there is no compelling
reason to continue with the disbarment or suspension proceedings against the respondent. (Amendment pursuant
to Supreme Court Resolution dated May 27, 1993 re Bar Matter 356).
Section 6. Verification and service of answer. — The answer shall be verified. The original and five (5) legible copies
of the answer shall be filed with the Investigator, with proof of service of a copy thereof on the complainant or his
counsel.
Section 7. Administrative counsel. — The IBP Board of Governors shall appoint a suitable member of the Integrated
Bar as counsel to assist the complainant of the respondent during the investigation in case of need for such
assistance.
Section 8. Investigation. — Upon joinder of issues or upon failure of the respondent to answer, the Investigator
shall, with deliberate speed, proceed with the investigation of the case. He shall have the power to issue
subpoenas and administer oaths. The respondent shall be given full opportunity to defend himself, to present
witnesses on his behalf, and be heard by himself and counsel. However, if upon reasonable notice, the respondent
fails to appear, the investigation shall proceed ex parte.
The Investigator shall terminate the investigation within three (3) months from the date of its commencement,
unless extended for good cause by the Board of Governors upon prior application.
Willful failure or refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with
as for indirect contempt of court. The corresponding charge shall be filed by the Investigator before the IBP Board
of Governors which shall require the alleged contemnor to show cause within ten (10) days from notice. The IBP
Board of Governors may thereafter conduct hearings, if necessary, in accordance with the procedure set forth in
this Rule for hearings before the Investigator. Such hearing shall as far as practicable be terminated within fifteen
(15) days from its commencement. Thereafter, the IBP Board of Governors shall within a like period of fifteen (15)
days issue a resolution setting forth its findings and recommendations, which shall forthwith be transmitted to the
Supreme Court for final action and if warranted, the imposition of penalty.
Section 9. Depositions. — Depositions may be taken in accordance with the Rules of Court with leave of the
investigator(s).
Within the Philippines, depositions may be taken before any member of the Board of Governors, the President of
any Chapter, or any officer authorized by law to administer oaths.
Depositions may be taken outside the Philippines before diplomatic or consular representative of the Philippine
Government or before any person agreed upon by the parties or designated by the Board of Governors.
Any suitable member of the Integrated Bar in the place where a deposition shall be taken may be designated by
the Investigator to assist the complainant or the respondent in taking a deposition.
Section 10. Report of Investigator. — Not later than thirty (30) days from the termination of the investigation, the
Investigator shall submit a report containing his findings of fact and recommendations to the IBP Board of
Governors, together with the stenographic notes and the transcript thereof, and all the evidence presented during
the investigation. The submission of the report need not await the transcription of the stenographic notes, it being
PALE Transcript for Finals
PELAEZ Moot Court, 2016
sufficient that the report reproduce substantially from the Investigator's personal notes any relevant and pertinent
testimonies.
Section 11. Defects. — No defect in a complaint, notice, answer, or in the proceeding or the Investigator's Report
shall be considered as substantial unless the Board of Governors, upon considering the whole record, finds that
such defect has resulted or may result in a miscarriage of justice, in which event the Board shall take such remedial
action as the circumstances may warrant, including invalidation of the entire proceedings.
Section 12. Review and decision by the Board of Governors.
a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record
and evidence transmitted to it by the Investigator with his report. The decision of the Board upon such
review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is
based. It shall be promulgated within a period not exceeding thirty (30) days from the next meeting of the
Board following the submittal of the Investigator's Report.
b) If the Board, by the vote of a majority of its total membership, determines that the respondent should
be suspended from the practice of law or disbarred, it shall issue a resolution setting forth its findings and
recommendations which, together with the whole record of the case, shall forthwith be transmitted to
the Supreme Court for final action.
c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than
suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a decision exonerating
respondent or imposing such sanction. The case shall be deemed terminated unless upon petition of the
complainant or other interested party filed with the Supreme Court within fifteen (15) days from notice of
the Board's resolution, the Supreme Court orders otherwise.
d) Notice of the resolution or decision of the Board shall be given to all parties through their counsel. A
copy of the same shall be transmitted to the Supreme Court.
B. PROCEEDINGS IN THE SUPREME COURT
Section 13. Supreme Court Investigation. — In proceedings initiated motu propio by the Supreme Court or in other
proceedings when the interest of justice so requires, the Supreme Court may refer the case for investigation to the
Solicitor-General or to any officer of the Supreme Court or judge of a lower court, in which case the investigation
shall proceed in the same manner provided in sections 6 to 11 hereof, save that the review of the report of
investigation shall be conducted directly by the Supreme Court.
Section 14. Report of the Solicitor General of other Court-designated Investigator. — Based upon the evidence
adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme Court shall
submit to the Supreme Court a report containing his findings of fact and recommendations for the final action of
the Supreme Court.
C. COMMON PROVISIONS
Section 15. Suspension of attorney by Supreme Court. — After receipt of respondent's answer or lapse of the
period therefor, the Supreme Court, motu propio, or at the instance of the IBP Board of Governors upon the
recommendation of the Investigator, may suspend an attorney from the practice of his profession for any of the
causes specified in Rule 138, Section 27, during the pendency of the investigation until such suspension is lifted by
the Supreme Court.
Section 16. Suspension of attorney by the Court of Appeals or a Regional Trial Court. 1 — The Court of Appeals or
Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule 138, Section 27 2,
until further action of the Supreme Court in the case.
Section 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme Court. —
Upon such suspension, the Court of Appeals or a Regional Trial Court shall forthwith transmit to the Supreme
Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based.
Upon receipt of such certified copy and statement, the Supreme Court shall make a full investigation of the case
and may revoke, shorten or extend the suspension, or disbar the attorney as the facts may warrant.
Section 18. Confidentiality. — Proceedings against attorneys shall be private and confidential. However, the final
order of the Supreme Court shall be published like its decisions in other cases.
Section 19. Expenses. — All reasonable and necessary expenses incurred in relation to disciplinary and disbarment
proceedings are lawfull charges for which the parties may be taxed as costs.
PALE Transcript for Finals
PELAEZ Moot Court, 2016
Section 20. Effectivity and Transitory Provision. — This Rule shall take effect June 1, 1988 and shall supersede the
present Rule 139 entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS". All cases pending investigation by the
Office of the Solicitor General shall be transferred to the Integrated Bar of the Philippines Board of Governors for
investigation and disposition as provided in this Rule except those cases where the investigation has been
substantially completed
Note: the illustration below was used by Atty. R. in her discussion on Rule 139-B. However, this does not
perfectly illustrate the Rule since pics of the slides were unclear and we were not able to audio record this part.
Hence, the team opted to post the entire RULE 139-B above. Our apologies
PALE Transcript for Finals
PELAEZ Moot Court, 2016
SC DECISION
SC DECISION