CONFIDENTIAL

Basic Legal Ethics

Does this mean that bar applicants with pending cases are not
allowed to take the bar?

They may s3ll be allowed. Applicants with cases --- pending o. closed ---
Admission to the Prac0ce of Law shall submit cer3fied true copies of the same with their pe33on.
Judicial Control
Good Moral Character
Does the legisla3ve have the power to repeal, amend or supplement the
power of SC to promulgate rules concerning the admission to the A bar candidate is expected to possess good moral character before he
prac3ce of law? is allowed to take the bar. Must submit a Cer3ficate of Good Moral
Character a>ested by a competent lawyer or law dean together with his
Who may prac0ce law? applica3on for admission to take the bar exams.

Any person heretofore duly admi>ed as a member of the bar, or The possession of good moral character is both a condi3on precede and
herea@er admi>ed as such in accordance with the provisions of this rule, a con3nuing requirement to warrant admission to the bar and to retain
and who is in good and regular standing, is en3tled to prac3ce law (Sec. membership in the legal profession.
1, Rule 138, ROC).
Caronan Vs. Caronan, A.C. No. 11316, July 12, 2016
Requisites for admission to the Bar
Since complainant - the real "Patrick A. Caronan" - never took the Bar
§ Must be a ci3zen of the Philippines. Examina3ons, the IP correctly recommended that the name "Patrick A.
§ Resident. Caronan" be stricken off the Roll of A>orneys.
§ At least 21 years of age.
§ Good moral character. The Court does not discount the possibility that respondent may later
§ No charges against him involving moral turpitude. on complete his college educa3on and earn a law degree under his real
§ Possesses educa3onal qualifica3ons. name. However, his false mo3on of his brother's name, iden3ty, and
§ Pass the bar examina3on. educa3onal records ren m unfit for admission to the Bar.

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 CONFIDENTIAL

The prac3ce of law, a@er all, is not a natural, absolute or cons3tu3on

right to be granted to everyone who demands it. Rather, it is a privilege In The MaRer of The Admission To The Bar And Oath-Taking Of
limited to ci3zens of good moral character. Successful Bar Applicant Al C. Argosino

Pre-Law Subjects (Sec. 6, Rule 138, ROC) In compliance Court's resolu3on, Argosino submi>ed no less than fi@een
(15) cer3fica3ons/le>ers executed by among others two (2) senators,
No applicant for admission to the bar examina3on shall be admi>ed five (5) trial court judges, and six (6) members of religious orders.
unless he presents a cer3ficate that he has sa3sfied the Secretary of Pe33oner likewise submi>ed evidence that a scholarship founda3on
Educa3on that, before he began the study of law, he had pursued and had been established in honor of Raul Camaligan, the hazing vic3m,
sa3sfactorily completed in an authorized and recognized university or through joint efforts of the la>er's family and the eight (8) accused in
college, requiring for admission thereto the comple3on of a four-year the criminal case.
high school course, the course of dy prescribed therein for a bachelor's
degree in arts or sc with any of the following subjects as major or field Conduct of the Bar (Sec. 10, Rule 38 of ROC)
of tradi3on: poli3cal science, logic, english, spanish, history and
economics. Persons taking the examina3on shall not bring papers, books or notes
into the examina3on rooms. The ques3ons shall be the same for all
In The MaRer Of The Admission To The Bar And Oath-Taking Of examinees and a copy thereof, in English or Spanish, shall be given to
Successful Bar Applicant Al C. Argosino each examinee.
Examinees shall answer the ques3ons personally without help from
The requirement of good moral character to be sa3sfied by those who anyone.
would seek admission to the bar must of necessity be more stringent
than the norm of conduct expected from members of the general public. Upon verified applica3on made by an examine sta3ng that his
penmanship is so poor that it will be difficult to read his answers without
Mr. Argosino was directed to submit to the SC, for its examina3on and much loss of 3me, the Supreme Court may allow ich examinee to use a
considera3on, evidence that he may be now regarded as complying with typewriter in answering the ques3ons. Only typewriters shall be allowed
the requirement of good moral character imposed upon those seeking to be used.
admission to the bar. This relevant evidence to show that he is a
different person now, that he has become morally fit for admission to The commi>ee of bar examiners shall take such precau3ons as are
the ancient and learned profession of the law. necessary to prevent the subs3tu3on of papers or commission of other

pg. 2
 CONFIDENTIAL

frauds. Examinees shall not place their names on the examina3on Admission and oath of Successful applicant (Sec. 17, Rule 138 of ROC)
papers. No oral examina3on shall be given.
An applicant who has passed the required examina3on or has been
Disciplinary Measures (Sec. 13 Rule 138 of ROC otherwise found to be en3tled to admission to the bar, shall take and
subscribe b re the Supreme Court the correspond oath of office.
No candidate shall endeavor to influence any member of the
commi>ee, and during examina3on the candidates shall not Roll of ARorneys (Sec. 18, Rule 138 of ROC)
communicate with each other, nor shall they give or receive any
assistance. The clerk of the Supreme Court shall keep a roll of all a>orneys admi>ed
to prac3ce, which roll shall be signed by the person admi>ed when he
The candidate who violates this provision, or any other provision of this receives his cer3ficate.
rule, shall be barred from the examina3on. and the same to c as a
failure against him, and further disciplinary ac3on, including Aguirre Vs. Rana, B.M. No. 1036, June 10, 2003
permanent disqualifica3on, may be taken in the discre3on of the court.
Passing Average (Sec. 14, Rule 138 of ROC) Rana passed the 2000 Bar Examina3ons and took the lawyer's oath.
However, it is the signing in the Roll of A>orneys that finally makes one
In order that a candidate may be deemed to have passed his a full-fledged lawyer. The fact that respondent passed the bar
examina3ons successfully, he must have obtained a general average of examina3ons is immaterial. Passing the bar is not the only qualifica3on
75 per cent in ALL subjects, without falling below 50 per cent in any to become an a>orney-at-law.
subject.
Respondent should know that two (2) essen3al requisites for becoming
Failing candidates to take review course (Sec. 17, Rule 138 of ROC a lawyer s3ll had to be performed, namely:
(1) Lawyer’s oath to be administered by the Supreme Court; and
Candidates who have failed the bar examina3ons for three 3mes shall (2) Sign in the Roll of A>orneys.
be disqualified from taking another examina3on unless they show to the
sa3sfac3on of the court that they have enrolled in and passed regular
fourth year review classes as well as a>ended a pre-bar review course in
a recognized law school.

pg. 3
 CONFIDENTIAL

The Legal Educa0on Board (LEB) consciousness and such other courses of study as may be prescribed
the law schools.
The Legal Educa3on Board was created pursuant to R.A. No. 7662, also g. To establish a law prac3ce internship requirement for taking the bar.
known as the Legal Educa3on Reform Act of 1993. h. To perform such other func3ons and prescribe such rules and
regula3ons necessary for the a>ainment of the policies and objec3ves
An execu3ve agency which was made separate from the DeEd, but of the Legal Educa3on Reform Act.
a>ached thereto solely for budgetary purposes and administra3ve
support. The Philippine Law School Admission Test (PHILSAT) Paragraph 9 of
LEBMO No. 7-2016
This law was prompted by clamors for the improvement of the system
of legal educa3on on account of the poor performance of law students All college graduates or gradua3ng students applying for
and law schools in the bar examina3on. admission to the basic law course shall be required to pass PhiLSAT as a
requirement for admission to any law school in the Philippines and that
The primary policy of the law is to reform and upli@ the standards of no applicant shall be admi>ed for enrollment as first year law study in
legal educa3on in the country. Towards this end, the State shall the basic law courses leading to a degree ither Bachelor of Laws or Juris
undertake appropriate reforms in legal educa3on, require proper Doctor unless he/she has passed the PhiLSAT taken within two years
selec3on of law students, maintain quality among law schools, and before the start for the basic law course.
require legal appren3ceship and con3nuing legal educa3on.
Oscar B. Pimentel et al. Vs. Legal EducaDon Board, September 10,
Powers and Func0ons of LEB: 2019
§ PhiLSAT was declared uncons3tu3onal since it violates academic
a. To administer the legal educa3on system. freedom of law schools.
b. To supervise the law schools. § PhiL.SAT excludes, qualifies, and restricts admissio to law schools.
c. To set accredita3on standards for law schools. It goes beyond mere supervision and regula3on and violates
d. To accredit law schools. ins3tu3onal academic freedom.
e. To set minimum standards for law admission and minimum
qualifica3ons and compensa3on of faculty members.
f. To prescribe the basic curricula for the course of study aligned to the
requirements for admission to the bar, law prac3ce and encial

pg. 4
 CONFIDENTIAL

Oscar B. Pimentel et al. Vs. Legal EducaDon Board, Migra0on of the Bachelor of Laws (LI.B.) to the Juris Doctor (J.D.)
September 10, 2019 Program

§ PhiLSAT was declared uncons3tu3onal since it violates academic § LEB Memorandum Order No. 19 Series 2018
freedom of law schools; § Adopted Juris Doctor (Thesis and Non-Thesis) as the universal
§ PhiLSAT excludes, qualifies and restricts admissions to law academic degree for all graduates of the basic law course in the
schools. It goes beyond mere supervision and regula3on and Philippines star3ng and semester of AY 2018-2019
violates intui3onal academic freedom. § Considered as equivalent to the J.D. degree the
§ The State's role is limited to reasonable supervision, not control. § LI.B. degree previous awarded to law graduates.
The government's imposi3on of a passing score as a bar to
admission violates the educa3onal ins3tu3ons academie What does a J.D. diploma confer to you?
freedom to determine who to admit to study.
§ The Supreme Court on November 9, 2021 reaffirmed its which § A Juris Doctor is considered equivalent to doctoral degrees in
upheld the jurisdic3on of the Legal Educa3on Board (I educa3on other non-law academic disciplines for the purpose of
but declared, among others, uncons3tu3onal the I requirement § appointment/employment, ranking or compensa3on (LEB
for students to pass the Philippine Law School Ac Test (PhiLSAT) Resolu3on 2019-406 on January 9, 2019);
for enrolment in law schools na3onwide. § Civil Service Commission issued Memo Circular No. 14, Series
§ In a Resolu3on penned by Jus3ce Rodil V. Zalameda, the Cou 2013 recognizing that the comple3on.
vo3ng 13-1, struck down in its en rety LEB Memorandi (LEBMO) § •LLB degree shall be appropriate educa3on to division chief ar
No. 7-2016 along wit e LEB memoranda, circulars, and issuances cu3ve/managerial posi3ons or other posi3ons requiring a
pertaining to, and the PhiLSAT master’s degree.
§ With the en3re LEBMO No. 7-2016 being struck down, the issue
of the PhiLSAT as a prerequisite for admission to law THE HITCH

“The grant of authority or equivalency to non-law academic

disciplines of degree programs, in this case, basic law degrees, are
within the powers and authority of the Commission” -CHED
Chairperson Prospero de Vera III (January 12, 2019):

pg. 5
 CONFIDENTIAL

Integrated Bar of the Philippines (IBP) In Re: AXy. Marcial Edillon A. C. No. 1928, August 3, 1978)

§ IBP is the official organiza3on of all Philippine lawyers whose § Integra3on does not make a lawyer a member of any group of
names appear in the Roll of A>orneys of the Supreme Court (Sec. which he is not already a member. A lawyer becomes a member
1, Rule 139-A, ROC of the Bar when he passed the Bar examina3ons.
§ The IBP came into being when the Supreme Court created on § All that integra3on actually does is to provide an official na3onal
October 5, 1970 the Commission on Bar Integra3on which was organiza3on for the well-defined but unorganized and
tasked "not onlv to ascertain the advisability of integra3on of the incohesive group of which every lawyer is a ready a member.
Bar, I en more, to serve as a common vehicle of the Court § Assuming that the IBP do .. a sense compel a lawyer to be a
member of the Integrated Bar, such compulsion is jus3fied as an
Purpose of the IBP (hRp://www.ibp.ph) & the fundamental purposes exercise of the police power of the State.
of the Integrated Bar shall be to:
(1) Elevate the standards of the legal profession. Concept of PracDce of Law
(2) Improve the administra3on of jus3ce; anD
(3) Enable the Bar to discharge its public responsibility more effec3vely Cayetano Vs Monsod, G.R. No. 100113 September 3,1991
(Sec. 2, Rule 139-A, ROC). Prac3ce of law is the rendi3on of services requiring the
knowledge and the applica3on of legal principles and technique to serve
Membership Dues and Effect of Non-payment the interest of another with his consent. It is not limited to appearing in
court, or advising and assis3ng in the conduct of li3ga3on, but embraces
§ Every member of the Integrated Bar shall pay such annual dues the prepara3on of pleadings, and other papers incident to ac3ons and
as the Board of Governors shall determine with the approval of special proceedings, conveyancing, the prepara3on of legal instruments
the Supreme Court (Sec. 9, Rule 139-A, ROC). of all kinds, and the giving of all legal advice to clients. It embraces all
§ Subject to the provisions of Sec3on 12 of this Rule, default in the advice to clients and all ac3ons taken for them in ma>ers connected
payment of annual dues for six months shall warrant suspension with the law. An a>orney engages in the prac3ce of law by maintaining
of membership in the Integrate? Bar, and default in such payment an office where he is held out to be-an a>orney, using a le>erhead
for one year shall be a ground le removal of the name of the describing himself as an a>orney, counseling clients in legal ma>ers,
delinquent member from the of A>orneys (Sec. 10, Rule 139-A, nego3a3ng with o 1g counsel about pending li3ga3on, and fixing and
ROC)

pg. 6
 CONFIDENTIAL

collec3ng fees for surrendered by his associate. (Black's Law Dic0onary, Integrated bar of the Philippines duly accred by the law school.
3rd ed.) Any and all pleadings, mo3ons, briefs, memoranc other papers to
be filed, must be signed by the supervising a>orney and in behalf
We must interpret not by the le3er that killeth, but by the spirit that of the legal clinic.
giveth life. - Cayetano Vs. Monsod
May a law student, appear before an inferior court as an agent or
Appearance of Non-lawyers; When allowed (Sec 34, Rule 138, Rules of friend of a party liDgant?
Court)
§ Yes. The SC dis3nguished the applica3on of Sec3on 34 of Rule 13
In the court of a jus3ce of the peace (municipality) a party may and Rule 138-A. In the former, the appearance of a non-lawyer,
conduct his li3ga3on in person, with the aid of an agent or friend as agent or friend offa party li3gant, is expressly allowed, while
appointed by him for the purpose, or with the aid of an a>orney. In any the la>er rule provides for condi3ons when a law student, not as
other court, a party may conduct his li3ga3on personally or by aid of an an agent or a friend of a party li3gant, may appear before the
a>orney, and his appearance must be either personal or by a duly courts (Cruz Vs. Guerrero).
authorized member of the bar.
§ Sec3on 34, Rule 138 is clear that appearance before the inferior
Compare Sec. 34 of Rule 138 to Rule 138-A of ROC, the Law Student courts by a non-lawyer is allowed, irrespec3ve of whether or not
Prac0ce Rule he is a lav ent. As succinctly clarified in Bar Ma>er No. 730, by
virtue of Sec3on 34, Rule 138, a law student may appear, as an
§ Sec3on 1. Condi3ons for Student Prac3ce. - A law student who agent or a friend of a party li3gant, without the supervision of a
has successfully completed his 3rd year of the regular four-year lawyer before inferior courts (Cruz Vs. Guerrero).
prescribed law curriculum and is enrolled in a recognized law
school's clinical legal educa3on program approved by the Right of party to represent himself.
Supreme Court, may appear without compensa3on in any civil,
criminal or administra3ve case before any trial court, tribunal, § " An individual li3gant in a civil case has the right to conduct his
board or officer, to represent indigent clients accepted by the li3ga3on personally.
legal clinic of the law school. § He is bound by the same rules of procedure and evidence as those
§ Sec. 2. Appearance. - The ar ance of the law student author this applicable to a party appearing by counsel.
rule, shall be under the supervision and control member of the

pg. 7
 CONFIDENTIAL

§ However, in criminal cases involving grave and less grave guilty of any of the following acts may be punished for indirect
offenses, an accused who is a layman must always appear by contempt;
counsel. XXXXXXXXX
(e) Assuming to be an or an officer of a court, and ac3ng as such
What is the penalty for non-lawyers represenDng themselves as without authority;
lawyers?
Penalty for Indirect Contempt (Sec. 3,
§ "Ar3cle 177 oF RPC. Usurpa3on of authority or official fic3ons. - Rule 71, ROC)
Any person who shall knowingly and falsely represent himself to
be an officer, agent or representa3ve of any department or 4 Sec3on 7. Punishment for indirect contempt. - If the respondent is
agency of the Philippine government or of any foreign adjudged guilty of indirect contempt commi>ed against a Regional Trial
government, or who, under pretense of official posi3on, shall Court or a court of equivalent or higher rank, he may be punished by a
perform any act pertaining to any person in authority or public fine not exceeding thirty thousand pesos or imprisonment not exceeding
officer of the Philippine government or any foreign government, six (6) months, or both. If he is adjudged guilty of contempt commi>ed
or any agency thereof, without being lawfully en3tled to do so, against a lower court, he may be punished by a fine not exceeding five
shall suffer the penalty of prison correc3onal in its minimum and thousand pesos or imprisonment exceeding one (1) month, or both.
medium periods."
§ Two ways of usurping authority or official func3ons: (1) by Public Officials and Prac0ce of Law
pretending to be an officer of the government and (2) by
performing aets of a person in authority or public officer under Public Officials who cannot engage in the private prac0ce of law
the pretense of such authority despite being not authorized to do
so. § Judges and other officials as employees of the Supreme Court
(Rule 148,Sec.35,RRC)
Indirect Contempt (Sec. 3, Rule 71, ROC) § Officials and employees of the OSG (Rule 148,Sec.35,RRC)
Sec3on 3. Indirect contempt to be punished a@er charge and § Government prosecutors (People v. Villanueva,14 SCRA 109)
hearing. - A@er a charge in wri3ng has been filed, and an opportunity § President,Vice-President, members of the cabinet, their
given to the respondent to comment thereon within such period as may depu3es and assistants (Art.VIII Sec.15,1987 Cons3tu3on)
be fixed by the court and to be heard by himself or counsel, a person § No Senator and member of the House of Representa3ve may
personally appear as counsel before any court of jus3ce as

pg. 8
 CONFIDENTIAL

before the ElectoralTribunals, as quasi-judicial andher (3) Collect any fee for their appearance in administra3ve proceedings
administra3on bodies (Art. VI,Sec.14, 1987 Cons3tu3on) involving the local government unit of which he is an official; and
§ Members of the Cons3tu3onal Commission (Art IX-
A,Sec.2,1987Cons3tu3on) (4) Use property and personnel of the Government except when the
§ Ombudsman and his depu3es (Art. IX,Sec. 8(2nd par), sanggunian member concerned is defending the interest of the
1987Cons3tu3on) Government.
§ All governors, city and municipal mayors (R.A. No.7160,Sec.90)
§ Those prohibited by special law Sec 7 (b) (2) of Code of Conduct and Ethical Standards for Public
Officials and Employees
For elec0ve local government officials,Sec0on 90 of RA 7160 governs
SEC.90.Prac0ce of Profession. Sec 7. Prohibited Acts and Transac3ons.
XXXXXXX
(a)All governors, city and municipal mayors are prohibited from (b) Outside employment and other ac3vi3es related thereto.
prac3cing their profession or engaging in any occupa3on other than the - Public officials and employees during their incumbency shall
exercise of their func3ons as local chief execu3ves. not:
XXXXXXX
(b) Sanggunian members may prac3ce their professions, engage in any (2) Engage i the private prac3ce of their profession unless al ized by the
occupa3on, or teach in schools except during session hours: Provided, Cons3tu3on or law, provided, that such prac3ce will not conflict or tend
That sanggunian members who are members of the Bar shall not: to conflict with their official func3ons.

(1) Appear as counsel before any court in any civil case wherein a local Can an elected Punong Barangay engage in the private pracDce of
government unit or any office incisor instrumentality of the government law?
is the adverse party;
YES. While certain local elec3ve officials (like governors, mayors,
(2) Appear as counsel in any criminal case wherein an officer or provincial board members and councilors) are expressly subjected to a
employee of the na3onal or local government is accused of an offense total or par3al proscrip3on to prac3ce their profession or engage in any
commi>ed in rela3on to his office; occupa3on, no such interdic3on is made on the punong barangay and
the members of the sangguniang barangay. Expressio unius est exclusio
alterius. Since they are excluded from any prohibi3on, the presump3on

pg. 9
 CONFIDENTIAL

is that they are allowed to prac3ce. And this stands to reason because
they are not mandated to serve full 3me. In fact, the sangguniang Lawyers in the government service allowed to engage in private
barangay is supposed to hold regular sessions only twice a month (Catu pracDce if authorized by Department Head
vs. Rellosa A.C. 5738, February 19, 2008)
§ Memorandum Circular No. 17 of the Execu3veDepartment allows
Lingan VS. Baliga,A.C. No.5377, June30,2014 government employees to engage directly in the private prac3ce
of their profession provided there is a wri>en permission from
§ The exercise of the powers and func3ons of a Commission on the Department head.
HumanRights Regional Director cons3tutes prac3ce of law.Thus,
the Regional Director must be an a>orney - a member of the bar Sec0on 12,Rule XVIII of the Revised CivilService Rules
in good standing and authorized to prac3ce law.
§ Since Regional Director Baliga lost this authority to prac3ce law "Sec.12.No officer or employee shall engage directly in any
when he was suspended from the prac3ce of law, he also lost an private business, voca3on, or profession or be connected with any
ecessary qualifica3on to+ posi3on of Regional Director. commercial, credit, agricultural, or industrial undertaking without a
§ Without this authority,A>y. Baliga was disqualified to hold that wri>en permission from the head of Department; Provided, That this
posi3on.A>y. Baliga should have desisted from holding his prohibi3on will be absolute in the case of those officers and employees
posi3on as Regional Director. whose du3es and responsibili3es require that their en3re 3me be at the
disposal of the Government: Provided, further,That if an employee is
Abella Vs.Cruzabra,A.C.No.5688,June 4,2009 granted permission to engage in outside ac3vi3es, the 3me so devoted
ou e of office hours should be fixed by the chief of the agency to the end
§ Under the Uniform Rules on Administra3ve Cases in the Civil that it will not impair in any way the efficiency of the other officer or
Service, engaging in the private prac3ce of profession, when employee: And provided, finally, That no permission is necessary in the
unauthorized, is classified as a light offense punishable by case of investments, made by an officer or employee, which do not
reprimand. involve any real or apparent conflict between his private interests and
§ A>y. Asteria E. Cruzabra was found guilty of engaging in notarial public du3es, or in any way influence him in the discharge of his du3es,
prac3ce without the wri>en authority from theSecretary of the and he shall not take part in the management of the enterprise or
Department of Jus3ce.She was reprimanded by the Court and become an officer or member of the board of directors"
warned that a repe33on of the same or similar act in the future
shall merit a more severe sanc3on.

pg. 10
 CONFIDENTIAL

Sec3on 7(b)(2) of R.A. No. engage in the prac3ce of his or her profession under the following
condi3ons:
SECTION 7.Prohibited Acts and Transac0ons. -In addi3on to acts and § First, the private prac3ce is authorized by the
omissions of public officials and employees now prescribed in the Cons3tu3on or by the law; and
Cons3tu3on and exis3ng laws, the following shall cons3tute prohibited § Second, the prac3ce will not conflict, or tend to conflict, with his
acts and transac3ons of any public official and employee and are hereby or her official func3ons.
declared to be unlawful:
XXX Code of Professional Responsibility and Accountability (CPRA)
(b) Outside employment and other ac3vi3es related thereto.-Public
officials and employees during their incumbency shall not: CANON II - PROPRIETY
XXX
(2) Engage in the private prac3ce of profession unless authorized by the A lawyer shall, at all 3mes, act with propriety and maintain the
Cons3tu3on or law, provided, that such prac3ce will not conflict or tend appearance of propriety in personal and professional dealings, observe
to conflict with their official func3ons; or honesty, respect and courtesy, and uphold the dignity of the legal
XXX profession consistent with the highest standards of ethical behavior.
These prohibi3ons shall con3nue to apply for a period of one (1) year
a@er resigna3on, re3rement, or separa3on from public office, except in Judge Ariel FlorenDno R. Dumlao, Jr. VS. AXy. Manuel N.Camacho,
the case of subparagraph(b) (2) above, but the professional concerned A.C.10498, September 4,2018
cannot prac3ce his profession in connec3on with any ma>er before the
office he used to be with, in which case the one-year prohibi3on shall The Supreme Court found A>y.Manuel N. Camacho GUILTY of
likewise apply. viola3ng Canons 10,11,13,19and Rules 10.01,11.03,13.01 and 19.01 of
the Code ofProfessional Responsibility and the Lawyer's Oath and is was
In Re:AXy.Karen M.Silverio Buffe A.M.No.08-6-352-RTC Aug 19,2009 SUSPENDED from the prac3ce of law for two(2) years. However,
considering that he has already been previously disbarred, this penalty
Sec0on 7 of R.A.No.6713 generally provides for the prohibited acts and was no longer be imposed. If he should apply for the li@ing of his
transac3ons of public officials and employees. Subsec3on(b)(2) prohibits disbarment in Sison, Jr. v. A>y. Camacho, the penalty imposed in the
them from engaging in the private prac3ce of their profession during present case will be considered in the resolu3on of the same.
their in accumbency. As an excep3on, a public official or employee can

pg. 11
 CONFIDENTIAL

Ambulance chasing-solicita0on of almost any kind of legal business

by laymen employed by an aRorney for the purpose or by the
Vantage LighDng Philippines Vs. Diño, A.C.No.7389, July 2,2019 aRorney himself.

May complainants claim for damages in a disbarment proceeding. (a) Volunteering advice to bring lawsuit.
(b) Hun3ng up defects in 3tles or other causes of ac3on and informing
Here, we find that complainants' claims for damages have no a party thereof in order to be employed.
intrinsic link to A>y. Diño's professional engagement. Their claims, in (c) Employing agents or runners for similar purposes.
fact, refer to expenses they allegedly incurred to defend themselves (d) Paying reward to those who can bring him cases.
from the vexa3ous cases filed by A>y. Diño a@er the termina3on of (e) Searching for unknown heirs and solici3ng their employment.
their professional engagement, and injury to the goodwill of Vantage
and the resul3ng psychological trauma and Fairclough and Roque. Domingo-Agaton v.ARy.Cruz,A.C.No. 11023,May 4, 2021

“As an officer of the Court, AXy. Diño has a § A>y. Cruz's deplorable conduct exhibited her unfitness and sheer
paramount duty to protect the court's inability to discharge the bounden du3es of a member of the legal
integrity and assist it in the administraDon profession.
of jusDce according to law. He should not § Her dishonest, deceitul and fraudulent conduct of
espouse a belief that the judicial system can misappropria3ng complainant's manager'sc heck, as well as her
be bought, much less contribute to the act of misleading the RTC in Civil Case No.119-0-2008, evinces a
perpetuaDon of such belief. Unfortunately, serious flaw in her moral fiber jus3fying the extreme penalty of
instead of relying on the merits of his disbarment.
clients' cause, AXy. Diño sented to his
clients that the judicial system can be Manalang Vs. Buendia, A.C. No. 12079,Nov 10, 2020
bribed. This inexcusable, shameful and
unlawful act of AXy. Diño, by itself, Respondent was dishonest in the performance of her du3es and
consDtutes gross misconduct. In fact, we in dealing with her client. She claims that she took care of the client's
find that it is conduct so condemnable that it case when, in truth, she never acted on it. Worse, she deceived the client
merits the harshest of penalDes.” by saying that his nullity case was already resolved, handing him a
fabricated decision andCer3ficate of Finality.Clea y, she was the lawyer

pg. 12
 CONFIDENTIAL

of the complainant and her excuse of being an innocent intermediary lawyer and a married woman who is not his wife, it is immaterial
appears to be a mere a@erthought. whether the affair was carried out discreetly.

SECTION 2. Dignified conduct. - A lawyer shall respect the law, the Hosoya Vs. Contado, A.C.No.10731, Oct.5,2021
courts, tribunals, and other government agencies, their officials,
employees, and processes ,and act with courtesy, civility, fairness, and The Court disbarred A>y. Contado for abandoning his spouse to
candor towards fellow members of the bar.(8a) live with and cohabit with another since it cons3tutes gross immorality
as it amounts to either adultery or concubinage.
A lawyer shall not engage in conduct that adversely reflects on one's
fitness to prac3ce law, nor behave in as scandalous manner, whether in Convic0on of a crime involving moral turpitude
public or private life, to the discredit of the legal profession.(7.03a)
§ Moral turpitude means anything which is done contrary to
Gross immorality reflecDve of unfitness to pracDce law. jus3ce, honesty, modesty or good morals, or to any act of
vileness, baseness, depravity in the private and social du3es that
§ A grossly immoral conduct is one that is so corrupt and false as to a man owes his fellowmen or to society, contrary to the accepted
cons3tute a criminal act or so unprincipled or disgraceful as to be rule of right and duty between man and man.
reprehensible to a high degree. § In general, all crimes of v.ch fraud or deceit is an element or those
§ As officers of the court lawyers must not only in fact be of good which are inherently contrary to the rules of right conduct,
moral character but must also be seen to be of good moral honesty or morality involve moral turpitude.
character and leading lives in accordance with the highest moral § Lawyers convicted of crimes involving moral turpitude are either
standards of the community. suspended or disbarred.

Guevarra Vs. Eala, A.C.7136, August SECTION 3. Safe environment; avoid all forms of abuse or
harassment. - A lawyer shall not create or promote an unsafe or hos3le
The SC ruled that whether a lawyer's sexual congress with a environment, both in private and public sevngs, whether online, in
woman not his wife or without the benefit of marriage should be workplaces, educa3onal or training ins3tu3ons, or in recrea3onal
characterized as' grossly immoral conduct' depends on the surrounding areas.
circumstances.”Since the case involves a rela3onship between a married

pg. 13
 CONFIDENTIAL

§ To this end, a lawyer shall not commit any form of physical, SECTION 5. Observance of fairness and obedience.
sexual, psychological, or economic abuse or violence against
another person. A lawyer is also prohibited from engaging in any § A lawyer shall, in every personal and professional engagement,
gender-based harassment or discrimina3on. (n) insist on the observance of the principles of fairness and
obedience to the law.
SECTION 4.Use of dignified, gender fair, and child and culturally-
sensi0ve language.-A lawyer shall use only dignified, gender-fair, child- SECTION 6. Harassing or threatening conduct.·- A lawyer shall not
and culturally-sensi3ve language in all personal and professional harass or threaten a fellow lawyer, the la>er's client or principal, a
dealings. witness, or any official or employee of a court, tribunal, or other
government agency.
To this end, a lawyer shall not use language which is abusive,
intemperate, sensi3ve or otherwise improper, oral or wri>en, and SECTION 7. Formal decorum and appearance. - A lawyer shall
whether made through tradi3onal or electronic means, including all observe formal decorum before all courts, tribunals, and other
forms or types of mass or social media.(8.01a,11.03a) government agencies.

Belo-Henares Vs. Guevarra A.C.No.11394,Dec 1,2016 A lawyer's avre shall be consistent with the dignity of the court,
tribunal, or other government agency, with due respect to the person's
§ Lawyers can uphold the integrity and dignity of the legal sexual orienta3on, gender iden3ty, and gender expression.
profession by not engaging in any conduct or do any act that
adversely reflects on his fitness to prac3ce law, nor to behave, in SECTION 8. Prohibition against misleading the court, tribunal,
his public or private life, in a scandalous manner to the discredit or other government agency.
of the legal profession. -A lawyer shall not misquote, misrepresent, or mislead the court as to
§ By pos3ng the subject remarks on Facebook directed at the existence or the contents of any document, argument, evidence,
complainant and BMGI, respondent disregarded the fact that, as law, or other legal authority, or pass off as one's owned the ideas or
lawyer, he is bound to observe at all 3mes, be it in his public or words of another, or assert as a fact that which has not been proven.
private life.

pg. 14
 CONFIDENTIAL

SECTION 9. Obstructing access to evidence or altering, submi>ed to the court, tribunal, or agency as soon as its falsity
destroying, or concealing evidence. - A lawyer shall not obstruct or inaccuracy is discovered or made known to him or her.
another lawyer's access to evidence during trial, including tes3monial SECTION 12. Duty to report dishonest, deceijul or misleading
evidence, or alter, destroy, or conceal evidence. conduct. -A lawyer shall immediately inform a court, tribunal, or
other government agency of any dishonest, deceitul or
SECTION 10. Conduct in the presentation of a witness. - A misleading conduct related to a ma>er being handled by said
lawyer shall avoid all forms of impropriety when presen3ng or lawyer before such court, tribunal, or other government agency.
confron3ng a witness.
A lawyer shall also report to the appropriate authority any
A lawyer shall not coach, abuse, discriminate against, or harass transac3on or unlawful ac3vity that is required to be reported
any witness, in or out of the court, tribunal, or other. government under relevant laws, including the submission of covered and
agency or talk to a witness during a break or recess in the trial, while a suspicious transac3ons under regulatory laws, such as those
witness is s3ll under examina3on. Neither shall a lawyer direct, assist, or concerning an3-money laundering. When disclosing or repor3ng
abet any misrepresenta3on or falsehood by a witness. the foregoing informa3on to the appropriate court, tribunal, or
other government agency, the lawyer shall not be deemed to
SECTION 11. False representations or statements, · duty to have violated the lawyer's duty of confiden3ality. Any such
correct. -A lawyer shall not make false representa3ons or statements. informa3on shall be treated with strict confiden3ality. A
baseless report shall be subject to civil, criminal, or
§ A lawyer shall be liable for any material damage caused by such administra3ve ac3on. (n)
false
§ representa3ons or statements. SECTION 13. Imputa0on of a misconduct, impropriety, or crime
§ A lawyer shall not, in demand le>ers or other similar without basis. - A lawyer shall not, directly, or indirectly, impute
correspondence, make false representa3ons or statements, or to or accuse another lawyer of a misconduct, impropriety, or a
impute civil, criminal, or administra3ve liability, without factual crime in the absence of actual or legal basis. Neither shall a
or legal basis. lawyer, directly or indirectly, file or cause to be filed, or assist in
§ A lawyer shall correct false or inaccurate statements and the filing of frivolous or baseless administra3ve, civil, or criminal
informa3on made in rela3on to an applica3on for admission to complaints against another lawyer. (n)
the bar, any pleading, or any other document required by or

pg. 15
 CONFIDENTIAL

addressed to A>y. Cabarroguis, the la>er's name had also

ATTY.HONESTO ANCHEICA BARROGUIS, VS.ATTY. DANILO A. been misspelled as "Honest."
BASA, A.C. No.8789, March 11,2020 SECTION 14. Remedy for grievances; insinua0on of improper mo0ve. -
A lawyer shall submit grievances against any officer of a court, tribunal,
• A>y. Basa, by all means, is given the liberty to defend his or other government agency only through the appropriate remedy and
client's cause with utmost zeal. This obliga3on, however, is before the proper authori3es. Statements insinua3ng improper mo3ve
not without reasonable limita3ons. The filing of frivolous on the part of any such officer, which are not supported by substan3al
suits against his opposing counsel manifests, at the very evidence, shall be ground for disciplinary ac3on. (n)
least, his gross indiscre3on as a colleague in the legal
profession and his malicious desire to vex A>y. Cabarroguis. SECTION 15. Improper claim of influence or familiarity. -A lawyer shall
A>y. Basa's act ul3mately exhibits his intent to paralyze A>y. observe propriety in all dealings with officers and personnel of any
Cabarroguis from exer3ng his utmost effort in protec3ng his court, tribunal, or other government agency, whether personal or
client's interest. Verily, the rendi3on of improper service by professional. Familiarity with such officers and personnel that will give
lawyers which does not meet the strictest principles of moral rise to an appearance of impropriety, influence, or favor shall be
law invites stern and just condemna3on from the Court avoided.(13.01a) A lawyer shall not make claims of power, influence, or
because by doing so, they fail to advance the honor of their rela3onship with any officer of a court, tribunal, or other government
profession and the best interests of their clients. agency. (n)

• The Court cannot turn a blind eye to the cra@y way with SECTION 16. Duty to report life-threatening situa0ons. -life-
which A>y. Basa disrespected A>y. Cabarroguis via an threatening situa3on is likely to develop in rela3on to any proceeding
OmnibusMo3on38 dated June 22, 2007. In this omnibus in any court, tribunal, or other government agency shall immediately
mo3on filed by A>y. Basa on behalf of his clients, the report the same to the proper authori3es. (n)
Molabolas, in a special proceeding case where A>y.
Cabarroguis was the pe33oner, A>y. Basa misspelled the “To allow a lawyer to adverDse his talent or skill is to commercialize
first name of A>y. Cabarroguis, Honesto, as "HONESTo." The the pracDce of law...." - Linsangan v. Tolen3no
Court notes that this was not the first 3me that A>y. Basa
misspelled the first name of A>y. Cabarroguis. In a previous SECTION 18. Prohibi0on against self-promo0on.- A lawyer shall not
demand le>er dated May 31,2007 dra@ed by A>y. Basa and make public appearances and ma>er for the purpose of self-
promo3on, self-aggrandizement, or to seek public sympathy.(n)

pg. 16
 CONFIDENTIAL

lawyer's duty is not to his client but to the administra3on of

SECTION 19. Sub-judice rule.-A lawyer shall not use any forum or jus3ce; to that end, his client's success is wholly subordinate;
medium to comment or publicize opinion pertaining to a pending and his conduct ought to and must always be scrupulously
proceeding before any court, tribunal, or other government agency observant of law and ethics.
that may:
RaDonale of the Sub-judice Rule
(a) cause a pre-judgment, or
(b) sway public percep3on so as to impede, obstruct, or influence Courts should be immune from every extraneous influence in the
the decision of such court, tribunal, or other government agency, or decision of issues of fact and law;, that facts should be decided
which tends to tarnish the court's or tribunal's integrity, or upon evidence produced in court; and that the determina3on of
(c) impute improper mo3ves against any of its members, or such facts should be uninfluenced by bias, prejudice or sympathies
(d) create a widespread percep3on of guilt or innocence before a (Nestle Phils, Inc.Vs.Sanchez)
final decision.(13.02a)
P/SUPT.HANSEL M. MARANTAN VS.ATTY.JOSE MANUEL DIOKNO
Roque Vs. Balbin,A.C. No. 7088,December 4,2018 and MONIQUE CU-UNJIENGLA'O,G.R. No.205956 February 12,2014

• In this case, respondent's underhanded tac3cs against • Marantan alleges that, riding on the unpopularity of the
complainant were in viola3on of Canon 8 of the CPR. Instead A3monan incident,La'O and her counsel, A>y. Diokno, and
of availing of remedies to contest the ruling adverse to his one Ernesto Manzano, organized and conducted a
client, respondent resorted to personal a>acks against the televised/radio broadcasted press conference. During the
opposing li3gant's counsel, herein complainant. His ac3ons press conference, they maliciously made intemperate and
demonstrated a misuse of the legal processes available to unreasonable comments on the conduct of the Court in
him and his client, specially considering that the aim of every handling G.R. No.199462, as well as contumacious comments
lawsuit should be to render jus3ce to the par3es according on the merits of the criminal cases before the RTC, branding
to law, not to harass them. Marantan his co-accused guilty of murder in the Or3gas
incident.
• Canon 19 of the Code of Professional Responsibility states
that"a lawyer shall represent this client with zeal within the • Marantan submits that the respondents violated the sub-
bounds of the law,"reminding legal prac33oners that a judice rule, making them liable for indirect contempt under

pg. 17
 CONFIDENTIAL

Sec3on 3(d) of Rule 71 of the Rules of Court, for their the lawyer's rela3onship or connec3on with the presiding officer of
contemptuous statements and improper conduct tending any court, tribunal, or other government agency, or any of its
directly or indirectly to impede, obstruct or degrade the personnel, or the lawyer's partners, associates, or clients, that may
administra3on of jus3ce. He argues that their serve as round for mandatory inhibi3on in any pending proceeding
pronouncements and malicious comments delved not only before such court, tribunal, or other government agency. (n)
on the supposed inac3on of theCourt in resolving the
pe33ons filed, but also on the merits of the criminal accused SECTION 21. Prohibi0on against gil-giving and dona0ons.-A
are guilty .cases before the RTC and prematurely concluded lawyer shall not directly or indirectly give gi@s, dona3ons,
that he and his co-are guilty contribu3ons of any value or sort, on any occasion, to any court,
tribunal or government agency, or any of its officers and personnel.
• It is Maranta's posi3on that the press conference was
organized by the respondents for the sole purpose of SECTION 22. No advantage of ignorance of the law. -A lawyer shall
influencing the decision of the Court in the pe33on filed not take advantage of a non-lawyer's lack of educa3on or
before it and the outcome of the criminal cases before the knowledge of the law. (n)
RTC by drawing an ostensible parallelism between the
Or3gas incident and the A3monan incident. SECTION 23.Ins0tu0ng mul0ple cases; forum shopping. - A lawyer
shall not knowingly engage or through gross negligence in forum
THE COURT'S RULING shopping, which offends against the administra3on of jus3ce, and is
a falsehood foisted upon the court, tribunal, or other government
• As to the conduct of the Court, a review of there agency.(12.02a)
respondents' comments reveals that they were simply
sta3ng that it had not yet resolved their repe33on. A lawyer shall not ins3tute or advise the client to ins3tute mul3ples
• There was no complaint, express or implied, that an to gain leverage in a case, to harass a party, to use to delay the
inordinate amount 3me had passed since the pe33on was proceedings, or to increase the cost of li3ga3on. (n)
filed without any ac3on from the Court.There appears no
a>ack or insult on the dignity of the Court either.

SECTION 20. Disclosure of rela0onship or connec0on. -A lawyer

shall, at the first available opportunity, formally disclose on record

pg. 18
 CONFIDENTIAL

Harassing tacDcs against opposing A lawyer does not have an unbridled right to file pleadings,
moDons and cases as he pleases.
While a lawyer has the duty to defend his client's cause with utmost
zeal, professional rules impose limits on a lawyer's zeal and hedge it SECTION 24. Encroaching or interfering in another lawyer's
with necessary restric3ons and qualifica3ons. engagement; excep0on.-A lawyer shall not, directly or indirectly,
encroach upon or interfere in the professional engagement of
The filing of cases by A>y.Calayan against the adverse par3es and another lawyer.
their counsels manifests his malice in paralyzing the lawyers This includes a lawyer's a>empt to communicate, nego3ate, or deal
fromeing their utmost effort in protec3ng their client's interest. with the person represented by another lawyer on any ma>er,
whether pending or not in any court, tribunal, body, or agency,
Even if done in good faith, it showed respondent's gross when ini3ated by the client or with the knowledge of la>er's
indiscre3on as a colleague in the legal profession. lawyer.

"It is the respect for the courts that guarantees the stability of the A lawyer, however, may give proper advice and assistance to
judicial insDtuDon; else wise, the insDtuDon would be resDng on anyone seeking relief against perceived unfaithful or neglectul
very shaky foundaDon." counsel based on the Code.(8.02a)

Failure to observe candor, fairness and good faith before A.C.No.10571, November 11,2020ATTY.VIRGILIO
administra3on of jus3ce the court; failure to assist in the speedy A.SEVANDAL,VS.ATTY.MELITA B.ADAME,
and efficient.
Despite having no authority to represent Merlina in the proceedings
A>y. Calayan's indiscriminate filing of pleadings, mo3ons, civil and before the NLRC, A>y. Sevandal did the following:
criminal cases, and even administra3ve cases against different trial
court judges rela3ng to controversies involving CEFI, in fact, runs 1) Filed a formal entry of appearance as counsel on 9 May 2011 in
counter to the speedy disposi3on of cases. It frustrates the the NLRC case filed by A>y. Adame despite his opposi3on to the
administra3on of jus3ce. It degrades the dignity and integrity of the said case since on the same date he filed a Manifesta3on Re:
courts. Withdrawal of Complaint.

pg. 19
 CONFIDENTIAL

2) At the succeeding NLRC mandatory conferences, he entered his DAVID YU KIMTENG VS. ATTY.WALTER T.YOUNG,G.R.
appearances as counsel for Merlina and manifested his objec3ons No.210554,August 5,2015
to the appearance of A>y. Adame; and
Young Revilla Gambol & Magat filed a Reply to the Opposi3on
3) Filed an Ex Parte Mo3on for A>orney's Lien on 17 June 2011 sta3ng that the firm opted to retain Revilla's name in the firm name
asking for the payment of A>orney's fee equivalent to 20% of the even a@er he had been disbarred, with the reten3on serving as an
amount that will be awarded to Merlina and later on received the act of charity.
amount of P300,000.00 as a>orney's fees in order "to stop
him from meddling in the ongoing se>lement before the NLRC." Judge Calo overruled the opposi3on to the appearance ofYoung
Revilla Gembol & Magat and stated that A>y.Young could s3ll appe:
All of these occurred a@er Merlina hired the services of A>y. Adame or the liquidator as long as his appearance was under the Young
as her lawful a>orney-in-fact and caused the la>er tofile the NLRC Law Firm and not under Young Revilla Gambol & Magat. Young Law
Complaint on May 3,2011 and the annulment of the Retainer Firm does not exist.
Contract by Merlina through a Revoca3on of Retainer Contract
dated May 24,2011. Mercado Vs. V 2005 Vitriolo, A.C. No. 5108, May 26,

SECTION 26. Defini0on of a law firm; choice of firm name.- A law The SC held that the evidence on record fails to substan3ate
firm is any private office, partnership, or associa3on, exclusively complainant's (Mercado) allega3ons.
comprised of a lawyer or lawyers such to the public.engaged to She contends that respondent violated the rule on privileged
prac3ce law, and who hold themselves out as communica3on when he ins3tuted a criminal ac3on against her for
falsifica3on of public documents because the criminal complaint
In the choice of a firm name, no false, misleading, or assumed disclosed facts rela3ng to the civil case for annulment then handled
name-hall be used.The con3nued use of the name of a dece sed, by respondent. She did not, however, spell out these facts which
incapacitated, or re3red partner is permissible provided that the will determine the merit of her complaint.
firm indicates in all its communica3ons that said partner is
deceased, incapacitated, or re3red.(3.02a) The legal advice must be sought from the a>orney in his
professional capacity. The communica3on made by a client to his
a>orney must not be intended for more informa3on, but for the
purpose of seeking legal advice from his a>orney as to his rights or

pg. 20
 CONFIDENTIAL

obliga3ons. The communica3on must have been transmi>ed by a rela3onship shall arise when the client consciously, voluntarily and
client to his a>orney for the purpose of seeking legal advice. in good faith vests a lawyer with the client's confidence for the
purpose of rendering legal services such as providing legal advice or
There exists of a>orney-client rela3onship, or a prospec3ve representa3on, and the lawyer, whether expressly or impliedly,
a>orney-client rela3onship, and it is by reason of this rela3onship agrees to render such services. (n)
that the client made the communica3on.
SECTION 2. The responsible and accountable lawyer. - A lawyer
Ma>ers disclosed by a prospec3ve client to a lawyer are protected shall uphold the cons3tu3on, obey the laws of the land, promote
by the rule on privileged communica3on even if the prospec3ve respect for laws and legal processes, safeguard human rights, and
client does not therea@er retain the lawyer or the la>er declines at all 3mes advance the honor and integrity of the legal profession.
the employment.
(1a) As an officer of the court, a lawyer shall uphold the rule of law
Reason: To make the prospec3ve client free to discuss whatever he and conscien3ously assist in the speedy and efficient administra3on
wishes with the lawyer without fear that what he tells the lawyer of jus3ce. (12a)
will be divulged or used against him, and for the lawyer to be
equally free to obtain informa3on from the prospec3ve client. As an advocate, a lawyer shall represent the client with fidelity and
zeal within the bounds of the law and the CPRA. (17a, 19a)
Importance of the aXorney-client privilege
SECTION 1. Prac0ce of law. — The prac3ce of law is the rendi3on of
The rela3onship between a>orney and client is strictly personal and legal service or performance of acts or the applica3on of law, legal
highly confiden3al and fiduciary. The rela3on is of such delicate, principles, and judgment, in or out of court, with regard to the
exac3ng and confiden3al nature that is required by necessity and circumstances or objec3ves of a person or a cause, and pursuant to
public interest. Only by such confiden3ality and protec3on will a a lawyer-client rela3onship or other engagement governed by the
person be encouraged to repose his confidence in an a>orney. Code of Professional Responsibility and Accountability for lawyers.
It includes employment in the public service or private sector and
SECTION 3. Lawyer-client rela0onship. - A lawyer-client requires membership in the Philippine bar as qualifica3on. (n)
rela3onship is of the highest fiduciary character. As a trust rela3on,
it is essen3al that the engagement is founded on the confidence
reposed by the client on the lawyer. Therefore, a lawyer-client

pg. 21
 CONFIDENTIAL

Canon III - Fidelity JACKIYA A. LAC A.C. No. 13453 VS. ATTY. BERTENI C. CAUSING,
formerly CBD Case No. 19-5956).
Fidelity pertains to a lawyer's duty to uphold the Cons3tu3on and October 04, 2022)
the laws of the land, to assist in the administra3on of jus3ce as an
officer of the court, and to advance or defend a client's cause, with • A>y. Causing allegedly resorted to the use of social media to
full devo3on, genuine interest, and zeal in the pursuit of truth and make his sister, Lyndale Causing, one of the candidates for
jus3ce. (n) Representa3ve of the 2ndDistrict of South Cotabato, known
to the public. A>y. Causing's publica3on in his Facebook
SECTION 44. Online posts that could violate conflict of interest. - A account of such defamatory accusa3on of Plunder subjected
lawyer shall exercise prudence in making posts or comments in Lao to public hate, contempt and ridicule. The publica3on
social media that could violate the provisions on conflict of interest besmirched Lao's good name and reputa3on in the eyes of
under the CPRA. (n) Facebook users at the 3me that no such complaint was filed
or pending before the Office of the Ombudsman.
SECTION 43. Legal informa0on; legal advice. — Pursuant to a
lawyer's duty to society and the legal profession, a lawyer may • As a member of the Bar, A>y. Causing ought to know that
provide general legal informa3on, including in answer to ques3ons Facebook-or any other social medium, for that ma>er-is not
asked, at any fora, through tradi3onal or electronic means, in all the proper forum to air out his grievances, for a lawyer who
forms or types of mass or social media. uses extra-legal fora is a lawyer who weakens the rule of law.
In this case, A>y. Causing knew that the proper forum for his
A lawyer who gives legal advice on a specific set of facts as complaint is the Office of the Ombudsman.
disclosed by a poten3al client in such fora or media dispenses
Limited Legal Service and shall be bound by all the du3es in the • A>y. Causing's pos3ng of the complaint for Plunder on his
CPRA, in rela3on to such Limited Legal Facebook account was mo3vated by the desire to damage the
Service. (n) reputa3on of the respondents therein. In fact, it was posted
precisely to elicit nega3ve reac3ons, comments and public
opinions against Lao and her fellow respondents.

pg. 22
 CONFIDENTIAL

SECTION 38. Non-pos0ng of false or unverified statements, Canon III – Fidelity

disinforma0on. — A lawyer shall not knowingly or maliciously post,
share, upload or otherwise disseminate false or unverified Fidelity pertains to a lawyer's duty to uphold the Cons3tu3on and the
statements, claims, or commit any other act of disinforma3on. (n) laws of the land, to assist in the administra3on of jus3ce as an officer of
the court, and to advance or defend a client's cause, with full devo3on,
SECTION 39. Prohibi0on against fraudulent accounts. - A lawyer genuine interest, and zeal in the pursuit of truth and jus3ce. (n)
shall not create, maintain or operate accounts in social media to hide
his or her iden3ty for the purpose of circumven3ng the law or the SECTION 3. Lawyer-client relationship. - A lawyer-client relationship
is of the highest fiduciary character. As a trust relation, it is essential that
provisions of the CPRA. (n)
the engagement is founded on the confidence reposed by the client on
the lawyer. Therefore, a lawyer-client relationship shall arise when the
SECTION 40. Non-disclosure of privileged informa0on through client consciously, voluntarily and in good faith vests a lawyer with the
online posts. - A lawyer shall not reveal, directly or indirectly, in his client's confidence for the purpose of rendering legal services such as
or her online posts confiden3al informa3on obtained from a client or providing legal advice or representation, and the lawyer, whether
in the course of, or emana3ng from, the representa3on, except when expressly or impliedly, agrees to render such services. (n)
allowed by law or the CPRA. (n)
Importance of the attorney-client privilege
SECTION 41. Duty to safeguard client confidences in social media. - The relationship between attorney and client is strictly personal and
A lawyer, who uses a social media account to communicate with any highly confidential and fiduciary. The relation is of such delicate,
exacting and confidential nature that is required by necessity and public
other person in rela3on to client confidences and informa3on, shall
interest. Only by such confidentiality and protection will a person be
exert efforts to prevent the inadvertent or unauthorized disclosure encouraged to repose his confidence in an attorney.
or use of, or unauthorized access to, such an account. (n)
There exists an attorney- client relationship, or a prospective
SECTION 42. Prohibi0on against influence through social media. - A attorney-client relationship, and it is by reason of this relationship
lawyer shall not communicate, whether directly or indirectly, with an that the client made the communication.
officer of any court, tribunal, or other government agency through
social media to influence the la>er's performance of official du3es. Matters disclosed by a prospective client to a lawyer are protected by
(n) the rule on privileged communication even if the prospective client
does not thereafter retain the lawyer or the latter declines the
employment.

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 CONFIDENTIAL

Reason: To make the prospective client free to discuss whatever he SECTION 4. Authority of lawyer to bind client. — A lawyer can bind
wishes with the lawyer without fear that what he tells the lawyer will be a client in a legal engagement only when so authorized through a
divulged or used against him, and for the lawyer to be equally free to written agreement.
obtain information from the prospective client.
The lawyer, however, cannot compromise a client's litigation, or receive
The client made the communication in confidence. anything in discharge of a client's claim, without a special power of
The mere relation of attorney and client does not raise a presumption of attorney for such purpose. (138.23a)
confidentiality. The client must intend the communication to be SECTION 5. Authority of lawyer to appear. — A lawyer is presumed
confidential. to be properly authorized to represent any cause in which he or she
appears, and no written power of attorney is required to authorize him
The legal advice must be sought from the attorney in his pro, or her to appear in court for the client.
professional capacity.
The communication made by a client to his attorney must not be The court, tribunal, or other government agency may, on its own initiative
intended for more information, but for the purpose of seeking legal or on motion of either party, on just cause, require a lawyer to produce
advice from his attorney as to his rights or obligations. The or prove the authority to appear on behalf of the client. (R138.21a)
communication must have been transmitted by a client to his attorney
for the purpose of seeking legal advice. Authority of Attorney to Bind Clients

Mercado Vs. Vitriolo, A. 2005 Sec. 23, Rule 138, ROC

Attorneys have authority to bind their clients in any case by any
The SC held that the evidence on record fails to substantiate agreement in relation thereto made in writing, and in taking appeals and
complainant's (Mercado) allegations. in all matters of ordinary judicial procedure. But they cannot, without
special authority, compromise their client's litigation, or receive anything
She contends that respondent violated the rule on privileged in discharge of a client's claim but the full amount in cash.
communication when he instituted a criminal action against her for
falsification of public documents because the criminal complaint Side-by-side with Art. 1874 of the Civil Code
disclosed facts relating to the civil case for annulment then handled by
respondent. She did not, however, spell out these facts which will A Special power of attorney is required in the following cases:
determine the merit of her complaint. xxxxxxxxx
(3) To compromise, to submit questions to arbitration, to renounce
the right to appeal from a judgment, to waive objections to the

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 CONFIDENTIAL

venue of an action or to abandon a prescription already

acquired.

Anacleto Vs. Van Twest, G.R. No. 131411 August 29, 2000 Cerilla Vs. Lezam~ A.C. No. 11483

• The basic issue to be resolved in this case is whether a party Complainant was working at Camp Aguinaldo, Quezon City, and for
who enters into a compromise agreement with another this reason, she executed a Special Power of Attorney (SPA) in favor
allegedly represented by a lawyer who has no authority to of the respondent to perform the following acts, to wit:
institute a litigation, much less enter into a compromise
agreement, is estopped from questioning the validity of such • To represent and act on my behalf in filing a case of ejectment
agreement. against Lita Garlito of Sibulan, Negros Oriental;
• To appear on my behalf during the preliminary conference in
• Atty. Perez's authority to represent Van Twest does not Civil Case No. 497-04 and to make stipulations of facts,
include a special authority to enter into the questioned admissions and other matters for the early resolution of the
compromise agreement as required by Sec. 23, Rule 138 of same including amicable settlement of the case if necessary.
ROC (also Art. 1878 of the Civil Code).
On the basis of the SPA, respondent entered into a compromise
• The action for reconveyance filed by Atty. Perez was brought agreement with the defendant in the unlawful detainer case to sell the
not only in behalf of Van Twest but also of Euroceanic, a subject property of the complainant for P350,000.00 which was
juridical person from which he should have secured the approved by the MTC of Sibulan.
necessary authority to institute this case and enter into a
compromise agreement. Uyboco us Peor December 2014

• The power to compromise or settle claims in favor of or • Where a party was given the opportunity to defend its interests
against the corporation is vested in the board of directors. in due course, it cannot be said to have been denied due
Hence, in the absence of any authorization from the board of process of law, for this opportunity to be heard is the very
directors of Euroceanic, Atty. Perez could not file any suit in essence of due process.
its behalf, regardless of the fact that Van Iwest was the former
chairman of its board. • To properly claim gross negligence on the part of the counsel,
the petitioner must show that the counsel was guilty of nothing
short of a clear abandonment of the client's cause.

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 CONFIDENTIAL

• While petitioner claims that he was incorrectly advised by his matter can be compromised under the law and will admit of a fair
former counsel that the presentation of evidence is no longer settlement.
necessary, this unfortunate mistake cannot qualify as gross To this end, the lawyer shall actively assist the parties and the court,
negligence or incompetence that would necessitate a tribunal, or other government agency to effect mediation and/or dispute
reopening of the proceedings. resolution. (1.04a)

SECTION 6. Fiduciary duty of a lawyer. - A lawyer shall be mindful of SECTION 9. Duty to call client to rectify fraudulent act. - A lawyer
the trust and confidence reposed by the client. (17a) who receives information that a client has, in the course of the
representation, perpetrated a fraud in relation to any matter subject of
To this end, a lawyer shall not abuse or exploit the relationship with a the representation before a court, tribunal, or other government agency,
client. (n) or against any officer thereof, shall promptly call upon the client to rectify
the same. Such fraudulent act on the part of the client shall be a ground
for the termination by the lawyer of the engagement. (19.02a)
SECTION 7. Prohibition against frivolous suits and
abuse of court processes. — A lawyer shall not:
SECTION 10. Responsibility over a subordinate lawyer, paralegal,
(a) file or encourage the or employee. — A lawyer or law firm shall be responsible for the
filing of any suit or mistakes, negligence, and/or acts or omissions of a subordinate
proceeding not authorized lawyer, paralegal, or employee under the lawyer's direct supervision
by law or jurisprudence and and control, who is acting within the scope of the assigned tasks, that
without any evidentiary cause damage or injury which brings dishonor to the profession or
support; violates the rule on confidentiality.
(b) unduly impede the
execution of an order or However, such liability of the supervising lawyer does not attach upon
judgment which is proof of exercise of diligence of a good parent of a family in the selection
warranted; or and supervision of subordinate lawyer, paralegal, or employee. (n)

(c) abuse court processes. SECTION 11. Responsibility of a supervisory lawyer over a
(1.03a) supervised lawyer. - A supervisory lawyer shall co-sign a pleading or
other submission to any court, tribunal, or other government agency
SECTION 8. Lawyer's duty to encourage settlement. - A lawyer shall with a supervised lawyer. A supervisory lawyer shall be responsible for
encourage the client to avoid, end or settle a controversy, whether a violation of the CPRA by the supervised lawyer in any of the
pending or not, in order to reach a settlement or a compromise if the following instances:

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 CONFIDENTIAL

1) the supervisory lawyer orders or directs the specific conduct or, with
knowledge of the specific conduct, ratifies it; or

2) the supervisory lawyer knows of such conduct at a time when it could

be prevented or its consequences avoided or mitigated, but fails to
take reasonable remedial action; or

3) (c) the supervisory lawyer should have known of the conduct so that
reasonable remedial action could have been taken at a time when
the consequences of the conduct could have been avoided or
mitigated. (n)A supervisory lawyer is a lawyer having direct
supervisory authority over another lawyer, including a supervising
lawyer under Rule 138-A of the Rules of Court.(ABA 5.1; R138-A)

pg. 27