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Written Report

in

(Basic Legal Ethics)

Prepared by:
Raymond Vera Cruz Villarin

Submitted to:
Fiscal Ethel Eleccion-Vidal
Code of Professional Responsibility permits, to the end that no person may
Chapter 1: be deprived of life or liberty, but by
Lawyer and Society due process of law.
CANON 1 – A lawyer shall uphold the Rule 1.01 – A lawyer shall not engage in
constitution, obey the laws of the land and unlawful, dishonest, immoral or deceitful
promote respect for law and for legal conduct.
processes  Conviction for crimes involving moral
 Duties of Attorneys: turpitude – a number of lawyers have
1. to maintain allegiance to the Republic been suspended or disbarred for
of the Philippines and to support the conviction of crimes involving moral
Constitution and obey the laws of the turpitude such as:
Philippines; 1. estafa
2. to observe and maintain the respect 2. bribery
due to the courts of justice and 3. murder
judicial officers; 4. seduction
3. to counsel or maintain such actions or 5. abduction
proceedings only as appear to him as 6. smuggling
just, and such defenses only as he 7. falsification of public documents
believes to be honestly debatable
under the laws;  Morality as understood in law –
4. to employ, for the purpose of This is a human standard based on
maintaining the causes confided to natural moral law which is embodied
him, such means only as are in man’s conscience and which guides
consistent with truth and honor, and him to do good and avoid evil.
never seek to mislead the judge  Moral Turpitude: anything that is
or any judicial officer by an artifice done contrary to justice, honesty,
or false statement of fact or law; modesty or good morals.
5. to maintain inviolate the confidence,  Immoral Conduct: that conduct
and at every peril to himself, to which is willful, flagrant, or
preserve the secrets of his client, and shameless and which shows a moral
to accept no compensation in indifference to the opinion of the good
connection with his client’s business and respectable members of the
except from him or with his community (Arciga vs. Maniwag, 106
knowledge and approval; SCRA 591).
6. to abstain from all offensive  Grossly Immoral Conduct: One that
personality and to advance no fact is so corrupt and false as to constitute
prejudicial to the honor or reputation a criminal act or so unprincipled or
of a party or witness, unless required disgraceful as to be reprehensible to a
by the justice of the cause with which high degree; it is a WILLFUL,
he is charged; FLAGRANT or SHAMELESS ACT
7. not to encourage either the which shows a MORAL
commencement or the continuance of INDIFFERENCE to the opinion of
an action or proceeding, or delay any respectable members of the
man’s cause for any corrupt motive or community. (Narag vs. Narag, 1998)
interest;
8. never to reject, for any consideration Rule 1.02 – A lawyer shall not counsel or
personal to himself, the cause of the abet activities aimed at defiance of the
defenseless or oppressed; law or at lessening confidence in the legal
9. in the defense of a person accused of a system.
crime, by all fair and honorable Rule 1.03 – A lawyer shall not, for any
means, regardless of his personal corrupt motive or interest, encourage any
opinion as to the guilt of the accused, suit or proceeding or delay any man’s
to present every defense that the law cause.
Rule 1.04 – A lawyer shall encourage his Relative cases:
clients to avoid, end or settle the Yu vs. Atty. Dela Cruz
controversy if it will admit of a fair A.C. No. 10912, January 9, 2016
settlement. (PAULINA T. YU, Complainant vs.
 If a lawyer finds that his client’s cause ATTY. BERLIN R. DELA CRUZ)
is defenseless, it is his burden/duty to
advise the latter to acquiesce and FACTS: It appears from the records that
submit, rather than traverse the respondent lawyer agreed to represent
incontrovertible. Paulina T. Yu (complainant) in several cases
 It is unprofessional for a lawyer to after having received various amounts as
volunteer advice to bring a lawsuit, acceptance fees. While the lawyer-client
except in rare cases where the blood, relationship was subsisting, respondent
relationship or trust makes it his duty lawyer borrowed pieces of jewelry from
complainant and pledged the same with the
to do so.
City state Savings Bank, Inc. for the amount
 Temper client’s propensity to litigate.
of P29,945.50, as shown in the Promissory
 Should not be an instigator of
Note with Deed of Pledge. Respondent
controversy but a mediator for lawyer appropriated the proceeds of the
concord and conciliator for pledge to his personal use. In order to
compromise. facilitate the redemption of the said jewelry,
 The law violated need not be a penal respondent lawyer issued to complainant,
law. “Moral Turpitude” – everything City state Savings Bank Check. Upon
which is done contrary to justice, presentment, however, complainant was
honesty, modesty or good morals. shocked to learn that the check was
 Give advice tending to impress upon dishonored for the reason, “Account
the client and his undertaking exact Closed.” Complainant immediately notified
compliance with the strictest respondent lawyer of the dishonor of the
principles of moral law. check.
 Until a statute shall have been
construed and interpreted by Complainant demanded for the refund of the
acceptance fees received by respondent
competent adjudication, he is free and
lawyer prior to the “abandonment” of the
is entitled to advise as to its validity
cases and the payment of the value of the
and as to what he conscientiously jewelry, but to no avail.
believes to be its just meaning and
extent. For his failure to heed the repeated demands,
 A lawyer has the obligation not to a criminal case for violation of Batas
encourage suits. This is so as to Pambansa Blg. 22 was filed with the Office
prevent barratry and ambulance of the City Prosecutor against him.
chasing.
 Barratry – offense of frequently A verified complaint was filed with the IBP
exciting and stirring up quarrels and Commission on Bar Discipline (IBP-CBD),
suits, either at law or otherwise; where complainant prayed for the
Lawyer’s act of fomenting suits disbarment of respondent lawyer on account
among individuals and offering his of grave misconduct, conduct unbecoming
legal services to one of them. of a lawyer and commission of acts in
 Ambulance Chasing – Act of chasing
violation of the lawyer’s oath. The IBP-
CBD required respondent lawyer to submit
victims of accidents for the purpose of
his answer to the complaint. Despite having
talking to the said victims (or
been duly served with a copy of the
relatives) and offering his legal complaint and the order to file his answer, as
services for the filing of a case against shown in a certification issued by the Post
the person(s) who caused the Master of the Las Piñas Central Post Office,
accident(s). respondent still failed to file an answer.
ISSUE: Whether or not respondent violated violations of the CPR and the lawyer’s oath.
CPR? These shortcomings on his part have
seriously breached the highly fiduciary
HELD: The complaint stemmed from the relationship between lawyers and clients.
use by respondent lawyer of his client’s Specifically, his act of issuing worthless
property. He had, indeed, come into checks patently violated Rule 1.01 of Canon
possession of valuable pieces of jewelry 1 of the CPR which requires that “[a] lawyer
which he presented as security in a contract shall not engage in unlawful, dishonest,
of pledge. Complainant voluntarily and immoral or deceitful conduct.” This
willingly delivered her jewelry worth indicates a lawyer’s unfitness for the trust
P135,000.00 to respondent lawyer who and confidence reposed on him, shows such
meant to borrow it and pawn it thereafter. lack of personal honesty and good moral
This act alone shows respondent lawyer’s character as to render him unworthy of
blatant disregard of Rule 16.04. public confidence, and constitutes a ground
Complainant’s acquiescence to the for disciplinary action, and thus seriously
“pawning” of her jewelry becomes and irreparably tarnishes the image of the
immaterial considering that the CPR is clear profession. Such conduct, while already off-
in that lawyers are proscribed from putting when attributed to an ordinary
borrowing money or property from clients, person, is much more abhorrent when
unless the latter’s interests are fully exhibited by a member of the Bar. In this
protected by the nature of the case or by case, respondent lawyer turned his back
independent advice. Here, respondent from the promise that he once made upon
lawyer’s act of borrowing does not admission to the Bar. As “vanguards of the
constitute an exception. Respondent lawyer law and the legal system, lawyers must at all
used his client’s jewelry in order to obtain, times conduct themselves, especially in their
and then appropriate for himself, the dealings with their clients and the public at
proceeds from the pledge. In so doing, he large, with honesty and integrity in a manner
had abused the trust and confidence reposed beyond reproach.”
upon him by his client. That he might have
intended to subsequently pay his client the Adegoke R. Plumptre v. Atty. Socrates R.
value of the jewelry is inconsequential. Rivera
What deserves detestation was the very act
of his exercising influence and persuasion (A lawyer who was the subject of a
over his client in order to gain undue complaint by his client for failing to deliver
benefits from the latter’s property. The any results despite getting P28,000 in fees
Court has repeatedly emphasized that the was spared from the IBP's recommended
relationship between a lawyer and his client penalty of disbarment.)
is one imbued with trust and confidence.
And as true as any natural tendency goes, FACTS:
this “trust and confidence” is prone to abuse.
The rule against borrowing of money by a This resolves a disbarment case against
lawyer from his client is intended to prevent respondent Atty. Socrates R. Rivera for
the lawyer from taking advantage of his absconding with money entrusted to him
influence over his client. The rule presumes and soliciting money to bribe a judge.
that the client is disadvantaged by the Complainant alleges that he called
lawyer’s ability to use all the legal respondent and asked for help in his
maneuverings to renege on his obligation. application for a work permit from the
Suffice it to say, the borrowing of money or Bureau of Immigration. They met a few
property from a client outside the limits laid days later, and complainant paid
down in the CPR is an unethical act that respondent P10,000.00 as professional
warrants sanction. fee. They met again, and complainant
gave respondent another P10,000.00,
The Court does not harbor any doubt in together with his passport. This was
favor of respondent lawyer. Obviously, his allegedly for the processing of his work
unfulfilled promise to facilitate the permit. T h e y m e t f o r a t h i r d t i m e
redemption of the jewelry and his act of since respondent asked
issuing a worthless check constitute grave complainant to submit ID photos.
Respondent asked complainant for another CANON 1 - A lawyer shall uphold the
P10,000.00, but complainant refused as constitution, obey the laws of the land and
they only agreed on the amount of promote respect for law and for legal
P20,000.00. Respondent also asked processes.
complainant for P8,000.00, for
complainant & apos; other case, which CANON 7 - A lawyer shall at all times
respondent was also working on. He uphold the integrity and dignity of the legal
explained that P5,000.00 would be profession, and support the activities of the
given to a Las Piñas judge to reverse integrated bar.
the motion for reconsideration against
complainant, while P3,000.00 would be CANON 16 - A lawyer shall hold in trust all
used to process the motion for moneys and properties of his client that may
recons i der at i on. C om pl ai nant gave come into his possession.
hi m t he P 8,000.00. C om pl ai nant
cl ai m s t hat a ft er respondent received Rule 16.01. - A lawyer shall account for all
the money, he never received any money or property collected or received for
updates on the status of his work or from the client.
permit and pending court case. Further,
whenever he called respondent to CANON 17 - A lawyer owes fidelity to the
follow up on his work permit, respondent cause of his client and he shall be mindful of
hurled invectives at him and threatened him the trust and confidence reposed in him.
and his wife. Complainant would retort by
saying that he would file complaints CANON 18 - A lawyer shall serve his client
against respondent if he did not give back with competence and diligence.
the money and passport. The respondent Rule 18.03. - A lawyer shall not neglect a
returned passport but still refused to legal matter entrusted to him, and his
return the P28,000.00 earlier endorsed to negligence in connection therewith shall
him. render him liable.

ISSUE: Whether or not Atty Rivera violated Rule 18.04. - A lawyer shall keep his client
the Code of Professional Responsibility. informed of the status of his case and shall
respond within a reasonable time to the
HELD: Instead, the SC ordered Atty. clients request for information.
Socrates Rivera suspended for three years.
As his client's advocate, a lawyer is duty-
In the matter of Adegoke Plumptre versus bound to protect his client's interests and the
Atty. Socrates R. Rivera, the Court degree of service expected of him in this
suspended respondent Rivera from the capacity is his "entire devotion to the
practice of law for three years for violation interest of the client, warm zeal in the
of Canon 1, Â Canon 7 , Canon 16, Â Rule maintenance and defense of his rights and
16.01, Â Canon 17 Â and Rule 18.04 Â of the exertion of his utmost learning and
the Code of Professional Responsibility. The ability." The lawyer also has a fiduciary
suspension is effective upon finality of the duty, with the lawyer-client relationship
decision, the SC said through Atty. imbued with utmost trust and confidence.
Theodore Te.
Respondent failed to serve his client with
In Macarilay v. Seriña, this Court held that fidelity, competence, and diligence. He not
"[t]he unjustified withholding of funds only neglected the attorney-client
belonging to the client warrants the relationship established between them; he
imposition of disciplinary action against the also acted in a reprehensible manner towards
lawyer." By absconding with the money complainant, i.e., cussing and threatening
entrusted to him by his client and behaving complainant and his family with bodily
in a manner not befitting a member of the harm, hiding from complainant, and
bar, respondent violated the following refusing without reason to return the money
Canons of the Code of Professional entrusted to him for the processing of the
Responsibility: work permit. Respondent's behavior
demonstrates his lack of integrity and moral 2. a relation as an ‘officer of court’ to the
soundness. administration of justice involving
thorough sincerity, integrity and
Rivera was also ordered to return the reliability;
amount of P28,000 to the complainant. 3. a relation to clients in the highest
degree of fiduciary;
The complainant had alleged that he went to 4. a relation to colleagues at the bar
Rivera for help in his application for a work
characterized by candor, fairness and
permit but despite paying him a total of
unwillingness to resort to current
P28,000, the lawyer was not able to deliver
any results. business methods of advertising and
encroachment on their practice or
The SC said that of the total amount of dealing with their clients.
P28,000, P8,000 was sought by respondent
supposedly for another case of complainant Rule on Advertisements
and to facilitate the same through payment  General Rule: No advertisements
of the judge. allowed. The most worthy and
effective advertisement possible is the
The IBP Committee on Bar Discipline establishment of a well-merited
recommended, after investigation, a reputation for professional capacity
suspension from the practice of law for two and fidelity to trust.
years for Rivera, who did not answer the
complaint. Lawyers may not advertise their services or
expertise nor should not resort to indirect
The IBP Board of Governors recommended
disbarment but the SC said three years' advertisements for professional employment,
suspension is consistent with other cases of such as furnishing or inspiring newspaper
similar nature and circumstances. comments, or procuring his photograph to
be published in connection with causes in
CANON 2 – A lawyer shall make his legal which the lawyer has been engaged or
services available in an efficient and concerning the manner of their conduct, the
convenient manner compatible with the magnitude of the interest involved, the
independence, integrity and effectiveness
of the profession. importance of the lawyer’s position, and all
other self-laudation.
Rule 2.01 – A lawyer shall not reject,
except for valid reasons, the cause of the  Exceptions/Permissible
defenseless or oppressed. advertisements:
Rule 2.02 – In such a case, even if a 1. Reputable law lists, in a manner
lawyer does not accept a case, he shall not consistent with the standards of
refuse to render legal advice to the person conduct imposed by the canons, of
concerned if only to the extent necessary brief biographical and informative
data, are allowed.
to safeguard latter’s rights.
2. Ordinary simple professional Card. It
Rule 2.03 – a lawyer shall not do or
may contain only a statement of his
permit to be done any act designed name, the name of the law firm which
primarily to solicit legal business. he is connected with, address,
 Primary characteristics which telephone number and the special
distinguish the legal profession from branch of law practiced.
business; 3. A simple announcement of the
1. duty of service, of which the opening of a law firm or of changes in
emolument is a by-product, and in the partnership, associates, firm name
which one may attain the highest or office address, being for the
eminence without making such convenience of the profession, is not
money; objectionable.
4. Advertisements or simple advertisements were published in the August
announcement of the existence of a 2000 issues of Manila Bulletin and
lawyer or his law firm posted Philippine Star. Thus, petitioner Atty. Ismael
anywhere it is proper such as his place Khan, Jr., Assistant Court Administrator and
of business or residence except Chief of the Public Information Office, filed
courtrooms and government buildings. an administrative complaint against Atty.
Simbillo for violation of the following Rule
5. Advertisements or announcement in
2.03.
any legal publication, including
books, journals, and legal magazines. A lawyer shall not do or permit to be done
Rule 2.04 – A lawyer shall not charge any act designed primarily to solicit legal
rates lower than those customarily or business.Rule 3.01.
prescribed, unless circumstances so
warrant. A lawyer shall not use or permit the use of
 A lawyer cannot delay the approval of any false, fraudulent, misleading, deceptive,
a compromise agreement entered into undignified, self-laudatory or unfair
between parties, just because his statement or claim regarding his
attorney’s fees were not provided for qualifications or legal services. Rule 138,
Sec. 27 of the Rules of Court.
in the agreement.
 Rule: A lawyer cannot compromise
Disbarment and suspension of attorneys by
the case without client’s consent
Supreme Court, grounds therefore.
(special authority).
Exception: Lawyer has exclusive A member of the bar may be disbarred or
management of the procedural aspect suspended from his office as attorney by the
of the litigation (e.g. Submission for Supreme Court for any deceit, malpractice
decision on the evidence so far or other gross misconduct in such office,
presented. But in case where lawyer is grossly immoral conduct or by reason of his
confronted with an emergency and conviction of a crime involving moral
prompt/urgent action is necessary to turpitude, or for any violation of the oath
protect clients interest and there’s no which he is required to take before the
opportunity for consultation, the admission to practice, or for a willful
lawyer may compromise. disobedience appearing as attorney for a
 Rule: Refrain from charging rates party without authority to do so. This case
lower than the customary rates. was referred to the Integrated Bar of the
Philippines and found the respondent guilty.
Relative case:
ISSUE: Whether or not Atty. Rizalino
Simbillo is guilty of violating Rule 2.03 and
KHAN, JR. v. SIMBILLO
Rule 3.01 of the Code of Professional
(A.C. No. 5299, August 19, 2003)
Responsibility as well as Rule 138, Section
27 of the Rules of Court?
FACTS: Respondent Atty. Rizalino
Simbillo had his legal services published in
HELD: Respondent was found guilty and
the July 5, 2000 issue of the Philippine
was suspended from the practice of law for a
Daily Inquirer, which reads ―Annulment of
year. The practice of law is not a business
Marriage Specialist‖. A staff member of the
but a public duty. Money will only be a
Public Information Office of the Supreme
secondary consideration in such profession.
Court pretended to be an interested party
Respondent also referred to himself as a
and she spoke to Mrs. Simbillo. The latter
―Annulment of Marriage Specialist which
claimed that her husband was an expert in
undermined the sanctity of marriage and
handling annulment cases and can guarantee
encourage people to go for marriage
a court decree within four to six months. She
dissolutions. This would defeat the purpose
also added that her husband charges a fee of
of laws protecting marriage bonds.
P48, 000 for the said service. Office of the
Moreover, there were elements provided that
Court Administrator and the Public
can distinguish the legal profession from
Information Office revealed that similar
business. These are the following:
1. A duty of public service Relative case:
2. A relation as an officer of the court to the
administration of justice involving thorough LINSANGAN v. TOLENTINO
sincerity, integrity and reliability; (A.C. No. 6672, September 4, 2009)
3. A relation to clients in the highest degree
of fiduciary; FACTS: A complaint for disbarment is filed
4. A relation to colleagues at the bar by Pedro Linsangan against Atty.
characterized by candor, fairness, and Nicomedes Tolentino for solicitation of
unwillingness to resort to current business clients and encroachment of professional
methods of advertising and encroachment on services. The complainant alleged that
their practice, or dealing directly with their respondent convinced his clients to transfer
clients. legal representation by promising them
financial assistance. The allegations of the
CANON 3 – A lawyer in making known complainant were supported by the sworn
in legal services shall use only true, affidavit of
honest, fair, dignified and objective James Gregorio who attested to the
respondent’s acts of trying to lure him to
information or statement of facts.
sever his lawyer
Rule 3.01 – A lawyer shall not use or -client relationship with complainant
permit the use of any false, fraudulent, Linsangan. An attached calling card of the
misleading, deceptive, undignified, self- respondent
auditory or unfair statement or claim further supported the complaint which
regarding his qualifications or legal advertised the respondent’s law firm with
services. the term ―w/financial assistance.
 Violation of Rule 3.01 is unethical,
ISSUE:
whether done by him personally or
Whether or not respondent’s acts are
through another with his permission.
violative of Canon 3 of the Code of
Rule 3.02 – In the choice of a firm name, ProfessionalResponsibility.
no false, misleading, or assumed name
shall be used. The continued use of the HELD: Yes, Canon 3 of the
name of a deceased partner is permissible Code of Professional Responsibility states
provided that the firm indicates in all its that ― A lawyer making
communication that said partner is known his legal services shall use only true,
honest, fair, dignified and objective
deceased.
information or
Rule 3.03 – Where a partner accepts statements of facts. The practice of law is a
public office, he shall withdraw from the profession and not a business. Lawyers
firm and his name shall be dropped from should not advertise their talents as
the firm name unless the law allows him merchants advertise their wares. The act of
to practice law concurrently. the respondent in including
Rule 3.04 – A lawyer shall not pay or give the phrase ―with financial assistance in his
calling card is a conduct of advertising the
anything of value to representatives of the
legal
mass media in anticipation of, or in profession with commercialism and with the
return for, publicity to attract legal purpose of enticing clients to change
business. counsels through the promise of loans to
 It is unethical to use the name of a finance their legal action. A lawyer need not
foreign firm. to advertise the
 Death of a partner does not extinguish legal profession in such a manner similar to
attorney-client relationship with the commercial businesses, a lawyer’s best
law firm. advertisement is a well-merited reputation
 Negligence of a member in the law for professional capacity and fidelity to trust
firm is negligence of the firm. based on his character and conduct and not
through promises of money.
CANON 4 – A lawyer shall participate in compelling reason to justify a departure
the improvement of the legal system by from the afore cited rule. Lawyers as
officers of the court must assist in the
initiating or supporting efforts in law
administration of justice.
reform and in the administration of
justice.
 Examples: Presenting position papers CANON 5 – A lawyer shall keep abreast
or resolutions for the introduction of of legal developments, participate in
pertinent bills in congress; Petitions continuing legal education programs,
with the Supreme Court for the support efforts to achieve high standards
amendment of the Rules of Court. in law schools as well as in the practical
training of students and assist in
Relative case:
disseminating information regarding the
CORDOVA v. LABAYEN law and jurisprudence.
(A.M. No. RTJ-93-1033, October 10, 1995)
FACTS: On March 5, 1993, the Municipal
Trial Court (branch II) of Batangas City Objectives of integration of the Bar
rendered judgment for petitioners with respe
ct to ordering the ejectment of private respo  To elevate the standards of the legal
ndents and ordering them to pay monthly profession
rentals of P50,000.00 starting April 7, 1992  To improve the administration of
until they shall have vacated the lots and justice
surrendered their possession to petitioners  To enable the Bar to discharge its
and the sum of P20,000.00 as attorney's responsibility more effectively.
fees. On March 29, 1993, petitioners moved The three-fold obligation of a lawyer
for the execution of the decision in their  First, he owes it to himself to continue
favor, alleging that although private
improving his knowledge of the laws;
respondents had filed a notice of appeal, the
 Second, he owes it to his profession to
latter had not filed a supersede as bond nor
make a deposit every month of the take an active interest in the
reasonable value of the use and occupation maintenance of high standards of legal
of the properties as required by Rule 70, sec. education;
8.Private respondents opposed the motion,  Third, he owes it to the lay public to
claiming that they are co-owners of the lots make the law a part of their social
from which they were ordered to be ejected consciousness.
and that to grant immediate execution of the
decision would render their appeal moot and Relative case:
academic.
DE ROY v. COURT OF APPEALS
ISSUE: Whether there was a late filing of (G.R. No. 80718, January 29, 1988)
Supersede as Bond.
HELD: The petition is not meritorious. As a FACTS:
general rule, a judgment in favor of the The firewall of a burned out building owned
plaintiff in an ejectment suit is immediately by petitioners collapsed and destroyed the
executory, in order to prevent further tailoring shop occupied by the family of the
damage to him arising from the loss of private respondents resulting in injuries to
possession of the property in question. The private respondents had been warned by
motion for execution was filed eighteen days petitioners to vacate their shop in view of its
from the date the petitioners received a copy proximity to the weakened wall but the
of the MTC's decision, after the appeal had former failed to do. In the RTC, petitioners
already been perfected. Because no were found guilty of gross negligence. On
supersede as bond had been filed within the the last day of the 15 days period to file an
period for appeal, a writ of execution should appeal, petitioners filed a motion for
have been issued as a matter of right. reconsideration which was again denied.
Petitioners manifestly failed to adduce a The Supreme Court finds that Court of
Appeal did not commit a grave abuse of Rule 6.02 – A lawyer in the government
discretion when it denied petitioner’s motion service shall not use his public position to
for reconsideration. It correctly applied the
promote or advance his private interest,
rule laid down in Habulaya’s vs. Japzon.
Counsel for petitioner contends nor allow the latter to interfere with his
that the said case should not be applied non- public duties.
publication in the Official Gazette. Rule 6.03 – A lawyer shall not, after
leaving government service, accept
ISSUE: Whether or not Supreme Court engagements or employment in
decisions must be published in the Official
connection with any matter in which he
Gazette before they can be binding.
had intervened while in said service.
HELD: There is no law requiring the
publication of Supreme Court decision in the  Various ways a government lawyer
Official Gazette before they can be binding leaves government service:
and as a condition to their becoming 1. retirement
effective. It is bound in duty of counsel as 2. resignation
lawyer in active law practice to keep abreast 3. expiration of the term of office
of decisions of the Supreme Court as
4. dismissal
embedded in Canon 5 of the Code of
5. abandonment
Professional Responsibility, particularly
where issues have been clarified,
consistently reiterated and published in the Relative case:
advance reports of Supreme Court decisions
and in such publications as the SCRA and Re: Resolution Of The Court Dated 1 June
law journals. 2004 In G.R. No. 72954 Against Atty.
Avecilla
(A.C. No. 6683, July 21, 2011)

CANON 6 – These canons shall apply to FACTS: After the resolution of a petition
lawyers in government service in the questioning the constitutionality of B.P. 883,
Supreme Court through its JRO took
discharge of their official tasks. custody of such rollo (where herein
respondent Avecilla was involved). Now, in
 The law requires the observance of the order to check on the management of the
following norms of conduct by every Judicial Development Fund, herein
public official in the discharge and respondent Atty. Avecilla made a claim as
execution of their official duties: through the abovementioned rollo. When the
Supreme Court asked the JRO to inquire, the
1. commitment to public interest said rollo was missing. Later on, such
2. professionalism whereabouts where found with Atty.
3. justness and sincerity Avecilla, having custody through his legal
4. political neutrality work with a retired Supreme Court Justice.
5. responsiveness to the public Through the report and recommendation of
6. nationalism and patriotism the Office of the Chief Attorney (OCAT), it
was found out that such rollo was used for a
7. commitment to democracy
personal agenda (and only returned after 12
8. simple living (Sec. 4, RA 6713)
years),but borrowed through a certain Atty.
Banzon, another then legal researcher with
Rule 6.01 – The primary duty of a lawyer the same abovementioned Justice. However,
engaged in public prosecution is not to respondent Atty. Avecilla asserted that such
convict but to see that justice is done. The was not through his fault and only found out
suppression of facts or the concealment of that it was with him when he was contacted
witnesses capable of establishing the to for retrieval. The Office of the Bar
innocence of the accused is highly Confidant (OBC), for its report and
recommendation, agreed with the OCAT,
reprehensible and is cause of disciplinary making Atty. Avecilla liable.
action.
ISSUE: Whether or not respondent Atty.
Avecilla be held administratively liable.

HELD: SUSPENDED. According to Rule


6.02 of the Code of Professional
Responsibility, ―a lawyer in the
government service shall not use his public
position to promote or advance his
private interests. Being a court employee,
they should not to take any court records,
papers or documents outside the court
premises. Also, the act of the respondent in
borrowing a rollo for unofficial business
entailed the employment of deceit not
becoming a member of the bar.
What does Rollo mean do not continue the pagination of the
previous volume, include the volume
on case citations? number after the word “rollo.” Example:
Ad by Atlassian
 Rollo, Vol. 3, p. 21.
4. In consolidated cases, the word rollo
What are the new feature in Jira should be followed by the docket
number enclosed in parentheses.
Software Cloud? Example:

There are awesome features in the new  Rollo (G.R. No. 123456), p. 21.
And that is everything I know about
Jira project experience! Learn and share rollo.
your opinion!

Learn more at community.atlassian.com

Sean Gleeson, studied at Loyola University


Chicago (1990)
Answered Feb 25 2017 · Author
has 117 answers and 115.6k answer vie
I had never heard of ‘Rollo’ in a case
citation. But here’s what I was able to
learn just now.

A ‘rollo’ is a kind of court record in the


Philippines. I know this because I saw it
all over the footnotes in Philippines
court decisions.

I even found a Philippine “Manual of


Judicial Writing” that tells you exactly
how to write your rollo citations. Here is
what it says:

2.2.3. ROLLO & OTHER COURT


RECORDS

A. Rollo

1. Capitalize the word “rollo” only at the


beginning of a citation or a sentence.

2. Cite the rollo in the footnote as


follows: the word “rollo” when referring
to the Supreme Court rollo, or “CA rollo”
for the Court of Appeals rollo ,
“Sandiganbayan rollo” for the
Sandiganbayan rollo, and “CTA rollo”
for the Court of Tax Appeals rollo;
followed by the page number. Examples:

 Rollo, p. 21.
CA rollo, pp. 109-122.
Sandiganbayan rollo, p. 9.
CTA rollo, p. 10.
3. If there are two or more rollo
volumes, and the subsequent volumes