CPR Cases Part 1
CPR Cases Part 1
a. The Law Intern (See Rule 138-A as amended by A.M. No. 19-
03-24-SC, [June 25, 2019])
b. The Party as Lawyer to Himself (Rule 138, Section 34)
D. Legal Ethics
1. Definition
2. The Lawyer’s Oath (Rules of Court, Form 28)
3. The Four-Fold Duties of a Lawyer (Code of Professional
Responsibility)
E. The Canons
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND
AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
• Brion, Jr. v. Brillantes, Jr. (Adm. Case No. 5305, March 17, 2003)
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.
• Jasper Junno F. Rodica vs. Atty. Manuel M. Lazaro, et al. A.C. No.
9259, August 23, 2012
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.
• Dacanay v. Baker &Mckenzie, Adm. Case No. 2131, May 10, 1985
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.
CANONS 4 AND 5: Upliftment in the Quality of Legal Services Rendered to the Public
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.
• Misamin v. San Juan, Adm. Case No. 1418, August 31, 1976
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.
• PCGG vs. SB 5th Division (G.R. Nos. 151809-12. April 12, 2005.)
• Pasok v. Zapatos, AC No. 7388, October 19, 2016
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.
• Santos, Jr. v. Llamas, Adm. Case No. 4749, January 20, 2000
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.
• In the Matter of the Disqualification of Bar Examinee Haron S.
Meling, Bar Matter 1154, June 8, 2004
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.
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.
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:
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 profitable sharing
arrangement.