ODE OF PROFESSIONAL RESPONSIBILITY

(Promulgated June 21, 1988)

CHAPTER I. THE LAWYER AND SOCIETY

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

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of
the law or at lessening confidence in the legal system.

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay any man's cause.

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement.

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN

EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE,
INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons,
the cause of the defenseless or the oppressed.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to the
extent necessary to safeguard the latter's rights.

Rule 2.03 - A lawyer shall not do or permit to be done any act designed
primarily to solicit legal business.

Rule 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE

ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR
STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any
false, fraudulent, misleading, deceptive, undignified, self-
laudatory or unfair statement or claim regarding his
qualifications or legal services.
Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name
shall be used. The continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its communications that
said partner is deceased.

Rule 3.03 - Where a partner accepts public office, he shall withdrawal from
the firm and his name shall be dropped from the firm name unless the law
allows him to practice law currently.

Rule 3.04 - A lawyer shall not pay or give anything of value to

representatives of the mass media in anticipation of, or in return for,
publicity to attract legal business.

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE

LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM
AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN

CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS
IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST
IN DISSEMINATING THE LAW AND JURISPRUDENCE.

CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE

DISCHARGE OF THEIR TASKS.

Rule 6.01 - The primary duty of a lawyer engaged in public

prosecution is not to convict but to see that justice is done.
The suppression of facts or the concealment of witnesses capable
of establishing the innocence of the accused is highly
reprehensible and is cause for disciplinary action.

Rule 6.02 - A lawyer in the government service shall not use his public
position to promote or advance his private interests, nor allow the latter to
interfere with his public duties.

Rule 6.03 - A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had
intervened while in said service.

CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE
LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

Rule 7.01 - A lawyer shall be answerable for knowingly making a

false statement or suppressing a material fact in connection with
his application for admission to the bar.

Rule 7.02 - A lawyer shall not support the application for admission to the
bar of any person known by him to be unqualified in respect to character,
education, or other relevant attribute.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on
his fitness to practice law, nor shall he whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession.

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR
TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.

Rule 8.01 - A lawyer shall not, in his professional dealings, use

language which is abusive, offensive or otherwise improper.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer, however, it is the right of any
lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE

UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person

the performance of any task which by law may only be performed by
a member of the bar in good standing.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law, except:chanroblesvirtuallawlibrary
(a) Where there is a pre-existing agreement with a partner or
associate that, upon the latter's death, money shall be paid over
a reasonable period of time to his estate or to persons specified
in the agreement; or

(b) Where a lawyer undertakes to complete unfinished legal business of a

deceased lawyer; or

(c) Where a lawyer or law firm includes non-lawyer employees in a retirement

plan even if the plan is based in whole or in part, on a profit sharing
agreement.

CHAPTER III. THE LAWYER AND THE COURTS

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

Rule 10.01 - A lawyer shall not do any falsehood, nor consent to

the doing of any in Court; nor shall he mislead, or allow the
Court to be misled by any artifice.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the

contents of a paper, the language or the argument of opposing counsel, or the
text of a decision or authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as a fact that which
has not been proved.

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice.

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS
AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.

Rule 11.01 - A lawyer shall appear in court properly attired.

Rule 11.02 - A lawyer shall punctually appear at court hearings.

Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing

language or behavior before the Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by
the record or have no materiality to the case.

Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper
authorities only.

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO
ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.

Rule 12.01 - A lawyer shall not appear for trial unless he has
adequately prepared himself on the law and the facts of his case,
the evidence he will adduce and the order of its proferrence. He
should also be ready with the original documents for comparison
with the copies.

Rule 12.02 - A lawyer shall not file multiple actions arising from the same
cause.

Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without submitting the
same or offering an explanation for his failure to do so.

Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse Court processes.

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.

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.

Rule 12.08 - A lawyer shall avoid testifying in behalf of his client,

except:chanroblesvirtuallawlibrary

(a) on formal matters, such as the mailing, authentication or

custody of an instrument, and the like; or
(b) on substantial matters, in cases where his testimony is essential to the
ends of justice, in which event he must, during his testimony, entrust the
trial of the case to another counsel.

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM
ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.

Rule 13.01 - A lawyer shall not extend extraordinary attention or

hospitality to, nor seek opportunity for cultivating familiarity
with Judges.

Rule 13.02 - A lawyer shall not make public statements in the media regarding
a pending case tending to arouse public opinion for or against a party.

Rule 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.

CHAPTER IV. THE LAWYER AND THE CLIENT

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

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.

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient
cause, an appointment as counsel de officio 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.

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent

client if:chanroblesvirtuallawlibrary

(a) he is not in a position to carry out the work effectively or

competently;
(b) he labors under a conflict of interest between him and the prospective
client or between a present client and the prospective client.

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.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS
DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Rule 15.01. - A lawyer, in conferring with a prospective client,

shall ascertain as soon as practicable whether the matter would
involve a conflict with another client or his own interest, and
if so, shall forthwith inform the prospective client.

Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in

respect of matters disclosed to him by a prospective client.

Rule 15.03. - A lawyer shall not represent conflicting interests except by

written consent of all concerned given after a full disclosure of the facts.

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.

Rule 15.06. - A lawyer shall not state or imply that he is able to influence
any public official, tribunal or legislative body.

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws
and the principles of fairness.

Rule 15.08. - A lawyer who is engaged in another profession or occupation

concurrently with the practice of law shall make clear to his client whether
he is acting as a lawyer or in another capacity.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS
CLIENT THAT MAY COME INTO HIS PROFESSION.
Rule 16.01 - A lawyer shall account for all money or property
collected or received for or from the client.

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart
from his own and those of others kept by him.

Rule 16.03 - A lawyer shall deliver the funds and property of his client when
due or upon demand. However, he shall have a lien over the funds and may apply
so much thereof as may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to his client. He shall also
have a lien to the same extent on all judgments and executions he has secured
for his client as provided for in the Rules of Court.

Rule 16.04 - A lawyer shall not borrow money from his client unless the
client's interest are fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend money to a client except, when
in the interest of justice, he has to advance necessary expenses in a legal
matter he is handling for the client.

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.

Rules 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.

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 therewith shall render him liable.

Rule 18.04 - A lawyer shall keep the client informed of the status of his case
and shall respond within a reasonable time to the client's request for
information.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF
THE LAW.

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.

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.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in
handling the case.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 - A lawyer shall be guided by the following factors in

determining his fees: chanroblesvirtuallawlibrary

(a) the time spent and the extent of the service rendered or
required;

(b) the novelty and difficulty of the questions involved;

(c) The importance of the subject matter;

(d) The skill demanded;

(e) The probability of losing other employment as a result of acceptance of

the proffered case;

(f) The customary charges for similar services and the schedule of fees of the
IBP chapter to which he belongs;

(g) The amount involved in the controversy and the benefits resulting to the
client from the service;
(h) The contingency or certainty of compensation;

(i) The character of the employment, whether occasional or established; and

(j) The professional standing of the lawyer.

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.

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.

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.

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.

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.

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

Rule 22.01 - A lawyer may withdraw his services in any of the

following case: chanroblesvirtuallawlibrary

(a) When the client pursues an illegal or immoral course of

conduct in connection with the matter he is handling;

(b) When the client insists that the lawyer pursue conduct violative of these
canons and rules;

(c) When his inability to work with co-counsel will not promote the best
interest of the client;

(d) When the mental or physical condition of the lawyer renders it difficult
for him to carry out the employment effectively;

(e) When the client deliberately fails to pay the fees for the services or
fails to comply with the retainer agreement;

(f) When the lawyer is elected or appointed to public office; and

(g) Other similar cases.

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 matte