1

SYLLABUS
Legal and Judicial Ethics
First Semester CY 2023-2024

Sessions : 6-9 pm of August 16, 23, 30, September 6, 13, 20 & 27, October 4,
November 8, 15, 22 & 29, December 6, 13 & 20
October 11, 18, 25 – Break. Drafting of Paper on Legal and Judicial Ethics
MidTerm Exams-
Final Exams-

Grading: 50% Class standing (recitations, quizzes, paper); 25% midterm

exams; 25% final exams
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I. Preliminary
1. Ethics in general
2. Legal and Judicial Ethics as Practical Science
3. Primary Sources/Governing Rules of Legal and Judicial Ethics

II. Nature of Legal Profession/Practice of Law

• Basic concepts [Practice of Law defined];

• Supervision and control; Regulation
1987 Constitution Art. VIII, sec. 5 (5); Congress – Constitution Art. XII, sec. 14 (2)
Art. XVIII, sec. 10; In the matter of the IBP, SC Resolution dated 09 January 1973, 49
SCRA 22 (1973); In re Cunanan 94 Phil 534 (1954)
• Practice of Law as a Privilege not as a trade or business;
- Cayetano v. Monsod, G.R. No. 10013, 03 September 1991, 201 SCRA 210
(1991) ; Ulep v. The Legal Clinic,Inc., Bar Matter. No. 553, 17 June 1993, 223
SCRA 378; In re Michael Medado to Sign Roll of Attorneys After Taking Oath,
Bar Matter. No. 2540, 24 September 2013, 706 SCRA 264 (2013); Paguia v.
Office of the President, G.R. No. 1762-78, 22 June 2010, 621 SCRA 600
(2010)
• Profession affected with public interest;
Cayetano vs. Monsod, 201 SCRA 210; Overgaard vs. Valdez, 582 SCRA
567(2009); PNCC vs. Mandagan, 559 SCRA 121 (2008)]]

III. Who may practice Law

A. Qualifications for Admission to the BAR/BAR Matter No.

1153; Rule 138, Sections 1-19 (Attorneys and Admission to
BAR)

Education
➢ Pre-Law: Rules of Court, Rule 138 sec. 6
In re Diao, A.C. No. 244, 29 March 1963
➢ Law Proper: Rules of Court, Rule 138 sec. 5
Republic Act No. 7662 (1993) – Legal Education Reform Act
LEB, Policies and Standards of Legal Education and Manual of Regulations
for Law Schools (2011);
LEB Memorandum No. 2, April 30, 2013, Part I -. Additional Rules in the
Operation of the Law Program; Part II – Ethical Standards of Conduct for
Law Professors;
LEB Memorandum Circular 2018, June 8, 2018 – PHILSAT Eligibility Requirement
for Freshman in the Academic Year 2018- 2019,
Oscar Pimentel, et. al v. LEB, GR No. 230642 and 242954, March 12, 2019
 2

Bar Matter No. 1552-A, Guidelines on Legal Apprenticeship in the Supreme

Court and Other Collegiate Courts, 03 July 2002
A.M. No. 15-04-03-SC, Re Letters of Justice Jose C. Vitug, Founding Dean
of Angeles University Foundation (AUF) School of Law, dated 29 January
2015, 16 June 2015
A.M. No. 17-03-09-SC, 23 October 2017, Rule on Community Legal Aid Service
Patrick Coronaro v. Richard Coronaro, A.C. No. 11316, 12 July 2016

Citizenship
➢ Constitution, Art. IV, secs. 3-5; Art. XII sec. 14(2)
➢ Republic Act No. 9225 (2003) – Dual Citizenship Act
➢ Petition to Re-Acquire the Privilege to Practice of Law by Epifanio Muneses,
Bar Matter No. 2112, July 24, 2012 with accompanying Supreme Court
Resolution En Banc, July 24, 2012;
➢ Effect of Loss and Reacquisition of Filipino Citizenship

Bar Examinations
➢ Rules of Court 138, secs. 7-16; Bar Matter No. 1153, March 9,
2010, Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms
in the Bar Examinations Through Amendments to Rule 138,
secs. 5 & 6 of the Rules of Court; Reforms in the Bar
Examinations, Bar Matter No. 1161, June 8, 2004; 2010 Bar
Matter No. 2265, January 28, 2001 re Reforms in the Bar
Examinations; Bar Matter No. 2502, March 20, 2012 Re: 2003
Bar Examinations, Atty. Daniel de Guzman, B.M. No. 1722, April
24, 2009 Read: F.P. Feliciano, Random Reflections on the Bar,
Corruption, and the Practice of Law, 58 PHIL. L.J. 225-240
(2012) 4.

Good Moral Character as a Prerequisite to Bar Admission

➢ In re Al C. Argosino, B.M. No. 712, July 13, 1995, 246 SCRA 14
(1995); In the Matter of the Disqualification of Bar Examinee
Haron S. Meling in the 2002 Bar Examinations, B.M. No. 1154,
June 8, 2004, 431 SCRA 146 (2004); See also Dela Fuente
Torres v. Dalangin, AC No. 10758, December 5, 2017.

Continuing Requirements for Membership in the BAR;

Lawyer’s Oath

B. Only those licensed to practice may appear in court;

Exceptions:

B.1. Appearance of Non-Lawyers in Court: See p. 10 of

Cosico;

Law Student Practice Rule

➢ Rule 138-A as amended by AM No. 19-03-24-SC; takes effect at
the start of Academic Year, 2020-2021 following its publication in
2 newspapers of general circulation.

Non-Lawyers before the courts &/0r administrative bodies;

➢ Rules of Court, Rule 138, secs. 33 & 34; Act No. 2259 (Cadastral
Act), Sec. 9; Labor Code, Art. 222; Department of Agrarian
Reform Adjudication Board (DARAB) RA 6657 as amended by
RA 9700, Rule VIII, sec. 1; Local Government Code (RA 7160
[1991]), Sec. 415; Rules of Procedure for Small Claims Cases,
A.M. No. 08-8-7-SC, effective October 1, 2008, sec. 17
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B.2. Prohibitions/Restrictions to act as Counsels; Lawyers

authorized to represent the Government/Prohibitions on
Government Lawyers

➢ Conditions for permission – Revised Civil Service Rules,

Rule XVII, sec. 12

C. Notarial Practice [AM No. 02-8-13-SC, as amended]

D. Qualifications of a Notary
➢ Term of Office; Powers and Limitations; Notarial
register; Jurisdiction of Notary Public & Place of
Notarization; Competent Evidence of Identity;
Sanctions
➢ Specific Rules of Notarial Practice 2004 Rules on Notarial
Practice, SC A.M. No. 02-8-13-SC, July 6, 2004.
➢ Cases: Spouses Santuyo v. Hidalgo, A.C. No. 5838, January 17,
2005, 448 SCRA 282 (2005) ; Sicat v. Ariola, A.C. No. 5864, April
15, 2005, 456 SCRA 93 (2005) ; Mondejar v. Rubia, A.C. Nos.
5907 and 5942, July 21, 2006, 496 SCRA 1 (2006) ; Lee v.
Tambago, A.C. No. 5281, February 12, 2008, 544 SCRA 393
(2008) ; Automatic Conversion of Administrative Cases Against
Judges and Justices to disciplinary proceedings against them as
lawyers; Samson v. Caballera, A.M. No. RTJ-08-2138, August 5,
2009, 595 SCRA 423 (2009) ; Ko v. Uy Lampasa, A.C. 11584,
March 6, 2019; Rev. Fr. Jose P. Zafra v. Atty. Renato B.
Pagatpatan, A.C. No. 12457

IV. 2023 Code of Professional Responsibility & Accountability (CPRA)

AM No. 22-09-01, April 11, 2023

A. General provisions on Retroactive Effect; Repealing Clause;

Effectivity Clause
B. Preamble
C. Canon I -Independence

Section 1. Independent, accessible, efficient and effective legal

service[ [CPR Rule 2.01]

➢ Not to Reject Oppressed Defenseless Services IBP Handbook, Guidelines

Governing the Establishment and Operation of Legal Aid Office, RA No. 9999 or
Free Legal Assistance Act of 2010; A.M. No. 17-03-09-SC, 23 October 2017 or
Rule on Community Legal Service, (This is currently suspended because of
seeming conflict with the Law Student Practice Rule of 2019, though there is a
clamor to lift the suspension, which is now under review by the SC); Ledesma v.
Climaco, G.R. No. 23815.

Section -Merit based Practice [CPR Rule 13a]

Nestle Phil. v. Sanchez, G.R. No. 75209, September 30, 1987, 154 SCRA 542
(1987) ; Perez v. Estrada, A.M. No. 01-4-03-SC, September 13, 2001, 360 SCRA
248 (2001)

Section 3- Freedom from improper considerations and external

restraints [n]
Section 4- Non-interference by a lawyer [CPR 13.03a]
Maglasang v. People, G.R. No. 90083, October 4, 1990, 190 SCRA 306
Section 5-Lawyer’s duty and discretion in procedure [CPR 19.03a]
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D. Canon II- Propriety and Responsible Use of Social Media

Section 1-Proper conduct [CPR Rule 1.01]

No Unlawful, Dishonest, Immoral, Deceitful Conduct

Piatt v. Abordo 58 Phil. 350 (1933) ; Ui v. Bonifacio, A.C. No. 3319, June 8,
2000, 333 SCRA 38 (2000) ; Figueroa v. Barranco, SBC Case No. 519, July
31 1997, 276 SCRA 445 (1997) ; Pimentel v. Llorente, A.C. No. 4680, August
29, 2000, 339 SCRA 154 (2000) ; Ventura v. Samson, A.C. No. 9608,
November 27, 2012, 686 SCRA 430 (2012) ; Macarrubo v. Macarrubo, A.C.
No. 6148, February 27, 2004 ; People v. Tuanda, A.C. No. 3360, January 30,
1990, 18 SCRA 692 (1990) ; Castillo vda. de Mijares v. Villaluz, A.C. No.
4431, June 19, 1997, 274 SCRA 1 (1997) ; Stemmerik v. Mas, A.C. No. 8010,
June 16, 2009, 589 SCRA 114 (2009); Freeman v. Zenaida P. Reyes, A.C.
No. 6246, November 15, 2011

Section 2- Dignified conduct [CPR 8a, 7.03a]

Courtesy, Fairness, Candor Towards Professional Colleagues

Bugaring v. Espanol, G.R. No. 133090, January 19, 2001, 349 SCRA 687;
Reyes v. Chiong, A.C. No. 5148, July 1, 2003, 405 SCRA 212; Mendoza v.
Gadon, A.C. No. 11810, June 26, 2019

No Conduct Adversely Affecting the Profession

Zaguirre v. Castillo, A.C. No. 4921, March 6, 2003, 398 SCRA 659;
Tapucar v. Tapucar, A.C. No. 4148, July 30, 1998, 293 SCRA 331; Guevara v.
Eala, A.C. No. 7136, August 1, 2007, 517 SCRA 600 ; Advincula v. Macabata,
A.C. No. 7204, March 7, 2007, 517 SCRA 604

Section 3- Safe environment; avoid all forms of abuse or harassment [n]

Section 4-Use of dignified, gender fair, and child-and culturally sensitive

language [CPR 8.01a. 11.03a]

No Abusive and Improper Language

Dallong-Galicinao v. Castro, A.C. No. 6396, Octover 25, 2005, 474 SCRA 1;
Barandos, Jr. v. Ferrer, A.C. No. 5766, March 26, 2010, 616 SCRA 529; Belo-
Henares v. “Argee” Guevarra, A.C. No. 11394, 01 December 2016; Canlapan
v. Balayo, A.C. No. 10605, 17 February 2016, 784 SCRA 135

Proper Language and Behavior

In re Almacen, G.R. No. L-27654, February 18, 1970, 31 SCRA 562; Baculi v.
Battung, A.C. No. 8920, September 28, 2011, 698 SCRA 209; AC No. 13521,
June 27, 2023, formerly AM No. 21-12-SC against Lorenzo Gadon

Section 5- Observance of fairness and obedience [CPR 15.07a]

Section 6- Harassing or threatening conduct [n]
Section 7- Formal decorum and appearance [11.01a]

Proper Attire
Supreme Court Resolution in Falcis III vs. Civil Registrar General, G. R. No.
217910, July 3, 2018

Section 8- Prohibition against misleading court, tribunal or other

government agency [CPR 10.02a]
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Not to Misquote or Misrepresent Contents of Paper

Insular Life Employees Co. v. Insular Life Association, G.R. No. L-25291,
January 30, 1971, 37 SCRA 244; Hipos, Sr. v. Bay G.R. Nos. 174813-15,
March 17, 2009, 581 SCRA 674
Plagiarism Cases
In Re: Letter of the U.P. Law Faculty, A.M. No. 10-10-4-SC, March 8, 2011;
In the Matter of charges of Plagiarism against Assoc. Justice Mariano C. Del
Castillo, A.M. No. 10-7-17-SC, February 8, 2011, 642 SCRA 11
(in reference to Vinuya v. Executive Secretary, G.R. No. 162230, April 28,
2010)

Section 9- Obstructing access to evidence or altering, destroying or

concealing evidence [n]
Section 10- Conduct in the presentation of witness [CPR 12.05, 12.07a,
12.06a]
Section 11- False representations or statements; duty to correct [n]
Section 12 [ Duty to report dishonest, deceitful, or misleading conduct [n]
Section 13- Imputation of misconduct, impropriety or crime without basis
[n]
Section 14- Remedy for grievances; insinuation of improper motive [CPR
11.04a, 11.05a, n]

Not to Attribute to Judge Motives

Embido v. Pe, Jr., A.C. No. 6832, October 22, 2013, 708 SCRA 1

Grievances Against Judges

Constitution Art. VII sec. 6 ; Maceda v. Vasquez, G.R. No. 102781, April 22,
1993, 221 SCRA 464; Pontanosas v. Pamatong, A.C. 7330, 14 June 2016

Section 15- Improper claim of influence or familiarity [CPR 13.01a, n]

Section 16- Duty to report life threatening situations [n]
Section 17- Non-solicitation and impermissible advertisements [CPR
2.03a, n, 3.04; also see Rule 138 sec. 27, Rules of Court]

In re Tagorda, March 23, 1929, 53 Phil 37; Ulep v. Legal Clinic, B.M. No. 553, June
17, 1993, 223 SCRA 378; Linsangan v. Tolentino, A.C. No. 6672 September 4, 2009,
598 SCRA 133; Villatuya v. Tabalingcos, A.C. No. 6622, July 10, 2012, 676 SCRA
37;
Not Use Media to Attract Legal Business
Cruz v. Salva 105 Phil 1151

SECTION 18 – Prohibition against self-promotion [n]

SECTION 19- Subjudice rule [CPR 13.02]

No Public Statements to Media

Foodsphere, Inc. v. Mauricio, A.C. No 7199, July 22, 2009, 593 SCRA 367

Section 20- Disclosure of relationship or connection [n]

Section 21- Prohibition against giving gifts or donations
Section 22- No undue advantage of ignorance of the law [n]
Section 23. Instituting multiple cases; forum shopping. (12.02a, n)

Forum Shopping
Olivares v. Villanon, Jr., A.C. No. 6323, April 13, 2007

SECTION 24. Encroaching or interfering in another lawyer’s engagement;

exception. (8.02a)
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Not to Encroach on Professional Employment

Camacho v. Pangulayan, A.C. No. 4807, March 22, 2000, 328 SCRA 631 ; Torres v.
Javier, A.C. No. 5910, 21 September 2005, 470 SCRA 408; Commission of Internal
Revenue v. Asalus Corp., G.R. No. 221-590, February 20, 2017; Alcantara v.
Pefianco, A.C. No. 5398, December 3, 2002, 393 SCRA 247; Sanchez v. Aguilos, AC
No. 10543, March 16, 2016; Roque v. Balbin, A.C. No. 7088, December 4, 2018.

Section 25. Responsibility of a solo practitioner (n)

SECTION 26. Definition of a law firm; choice of firm name (3.02a)

No False or Misleading Firm Name

Dacanay v. Baker and McKenzie, A.C. No. 2131, May 10, 1985, 136 SCRA 349; In
re Petition of Sycip, G.R. No. X92-1, July, 30, 1979, 92 SCRA 1; Nebreja v. Reonel,
A.C. No. 9896, March 19, 2014, 719 SCRA 385.

Section. Partner who assumes public office. (3.03a)

Partners Assuming Public Office

Constitution Art. 6, sec. 14; Art. 7, sec. 13; Art. 9, sec. 2;
Samonte v. Gatdula, A.M. No. P-99-1292, February 20, 1999, 303 SCRA 756 (

SECTION 28. Dignified government service. (6a)

Canons Apply to Lawyers In Government Service

RA 6713 (1989) sec. 4. (Code of Conduct and Ethical Standards for Public
Officials and Employees, February 20, 1989]); Collantes v. Romeron, A.C.
No. 3056, August 16, 1991, 200 SCRA 584; Office of the Court
Administrator v. Ladaga, A.M. P-99-1287, January 26, 2001, 350 SCRA
326; Pimentel v. Fabros, A.C. No. 4517, Sept. 11, 2006, 501 SCRA 346;
Berenguer-Landers v. Florin, A.C. No 5119, April 17, 2013, 696 SCRA 589

SECTION 29. Lawyers formerly in government service. (n) (6.03a)

Not to Accept Employment After Government Service

RA 6713 sec.7 (b) Query of Atty. Karen M. Silverio, Buffe, A.M. No. 08-6-352-RTC, Aug. 19,
2009; RA 3019 sec. 3 (d), PCGG v. Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005,
455 SCRA 526; Trovela v. Robles, et al, A.C. No. 11550, June 4, 2018; RA 9485, The Anti-red
Tape Act of 2007, as amended by RA 11032 (2018) ; Ali v. Bubong, AC No. 4018, March 8,
2005, 453 SCRA 1; Huyssen v. Gutierrez, A.C. No. 6707, March 24, 2006, 485 SCRA 244;
PNB v. Cedo, A.C. No. 3701, March 28, 1995, 243 SCRA 1

SECTION 30. No financial interest in transactions; no gifts. (6.02a) ( n)

Not to Use Public Position for Private Interest

Misamin v. San Juan, A.C. No. 1418, Aug. 31, 1976, 72 SCRA 491; Vitriolo v. Dasig,
A.C. No. 4984, April 1, 2003, 400 SCRA 172; Ramos v. Imbang, A.C. No. 6788,
August 23, 2007, 530 SCRA 759

Section 31. Prosecution of criminal cases (6.01a)

Primary Duty: That Justice is Done

People v Pineda, G.R. No. 26222, July 21, 1967, 20 SCRA 748
-
Section 32. Lawyers in the academe. (n)
Section 33. Conflict of interest for lawyers in the academe. (n)
Section 34. Paralegal services; lawyer’s responsibility. (n)
Section 35. Non-delegable legal tasks. (9.01a) (n)

Not to Delegate Work

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RESPONSIBLE USE OF SOCIAL MEDIA(n)

Section 36. Responsible use. (n)

Section 37. Online posts (n)
Section 38. Non-posting of false or unverified statements, disinformation. (n)
Section 39. Prohibition against fraudulent accounts. (n)
Section 40. Non-disclosure of privileged information through online posts. (n)
Section 41. Duty to safeguard client confidences in social media. (n)
Section 42. Prohibition against influence through social media. —(n)
Section 43. Legal information; legal advice (n)
Section 44. Online posts that could violate conflict of interest. (n)

E. Canon III- FIDELITY

Section 1. Practice of law. (n)

Section 2. The responsible and accountable lawyer. (1a) (12a) (17a, 19a)

Uphold the Constitution, Obey the laws of the land Promote and Respect Law
and Legal Process

Zaldivar v. Gonzales, G.R. Nos. 79690-707 and 80578, October 7, 1988, 166 SCRA
316

Assist in Speedy and Efficient Administration of Justice

Rule 138 sec. 20 (g) Rules of Court

Constitution, Art. III sec. 16

Trust and Confidence

Cantiller v. Potenciano, A.C. No. 3195, December 18, 1989, 180 SCRA 246
Solatan v. Inocentes, A.C. No. 6504, August 9, 2005, 466 SCRA 1
Angalan v. Delante, A.C. No. 7181, February 6, 2009, 578 SCRA 113
In re Maquera, B.M. No. 793, July 30, 2004, 435 SCRA 417
Somosot v. Pontevedra, A.C. No. 4285, May 2, 2006, 488 SCRA 416

Representation with Zeal

Section 3. Lawyer-client relationship. (n)

Section 4. Authority of lawyer to bind client. (138.23a)
Section 5. Authority of lawyer to appear. (R138.21a)
Section 6. Fiduciary duty of a lawyer (17a)[n]

Trust and Confidence

Cantiller v. Potenciano, A.C. No. 3195, December 18, 1989, 180 SCRA 246
Solatan v. Inocentes, A.C. No. 6504, August 9, 2005, 466 SCRA 1
Angalan v. Delante, A.C. No. 7181, February 6, 2009, 578 SCRA 113
In re Maquera, B.M. No. 793, July 30, 2004, 435 SCRA 417
Somosot v. Pontevedra, A.C. No. 4285, May 2, 2006, 488 SCRA 416 Licuanan v.
Melo, A.C. No. 2361, February 9, 1989, 170 SCRA 100
Malangas v. Zaide, A.C. No. 10675, May 31, 2016
Quilban v. Robinol, G.R. No. 83885, December 29, 1989, 171 SCRA 768
Nocom v. Camerino, G.R. No. 182984, 10 February 2009, 578 SCRA 390

Section 7. Prohibition against frivolous suits and abuse of court processes. —

A lawyer shall not (1.03a)
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Not to Encourage Lawsuit or Proceedings for any corrupt motive or

interest or delay any man’s cause

Section 8. Lawyer’s duty to encourage settlement. (1.04a)

Encourage Client to Avoid Controversy

Castaneda v. Ago, G.R. No. 28546, July 30, 1975, 65 SCRA 505
In re Gutierrez, Adm. Case No. 363, July 31, 1962, 5 SCRA 661
Cobalt Resources, Inc. V. Aguado, A.C. No. 10781, April 12, 2016
Ecraela v. Pangalangan, A.C. No. 10676, September 8, 2015
Cordova v. Cordova, A.C. No. 3249, November 29, 1989, 179 Phil 680

Section 9. Duty to call client to rectify fraudulent act. (19.02a)

Section 10. Responsibility over a subordinate lawyer, paralegal, or employee (n)
Section 11. Responsibility of a supervisory lawyer over a supervised lawyer.
(n) (ABA 5.1; R138-A)
Section 12. Responsibilities of a supervised lawyer. (n)
Section 13. Conflict of interest (15.03) (n)
Section 14. Prohibition against conflict- of-interest representation; current
clients (ABA Model Rules, Rule 1.8(a)) (ABA Model Rules, Rule 1.8(b))
(ABA Model Rules, Rule 1.8(c)) (ABA Model Rules, Rule 1.8(d)) (ABA Model Rules,
Rule 1.8(f)) (ABA Model Rules, Rule 1.8(k)) (12.08a) (n)

Not to Testify on Behalf of Client

PNB v. Uy Teng Piao, 57 Phil 337 (1932)
Malonzo v. Principe, A.C. No. 6289, December 16, 2004, 447 SCRA 1
Saa v. IBP-CBD, G.R. No. 132826 September 3, 2009, 598 SCRA 6

Section 15. Conflict of interest of a lawyer hired by a law firm. (n)

Section 16. Prohibition against dating, romantic or sexual relations with a client. (n)
Section 17. Prohibition against conflict-of- interest representation; prospective clients.
(15.01a) (n)
SECTION 18. Prohibition against conflict- of-interest representation; former clients. (21a)
(ABA Model Rules, Rule 1.9(c))(ABA Model Rules, Rule 1.9(a)) (n)

Preserve Client’s Confidence

Rules of Court, Rule 138 sec. 20 (e)

Rules of Court, Rule 130 sec. 21 (b)
Revised Penal Code, Art. 209
Hilado v. David, 84 Phil 569 (1949)
Genato v. Silapan, A.C. No. 4078, July 14, 2003 406 SCRA 75

Section 19. Corporate lawyers; conflict of interest. (ABA Model Rules, Rule 1.9
Comment) (ABA Model Rules, Rule 1.9 Comment) (n)
Section 20. Legal services organization; conflict of interest. (n)
Section 21. Lawyers in government service; conflict of interest. (n)
Section 22. Public Attorney’s Office; conflict of interest. (n)
Section 23. Amicus curiae. (14.02a)

Providing Counsel de Oficio

Rule 138 sec. 31, 20 (h), Rules of Court; Rule 116 sec. 6-8; Rule 124 sec. 2
PD 543 Authorizing the Designation of Municipal Judges and Lawyers in Any Branch
of the Government Service to Act As Counsel de oficio for the Accused Who Are
Indigent in Places Where There Are No Practicing Attorneys
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Section 24. Active involvement in legal education. (5a) (n)

Participate in Legal Education Program

Bar Matter 850 Mandatory Continuing Legal Education, amended by SC Reso.
dated 17 February 2015 and effective 01 March 2015, amendment of Rule 7,
sec. 2(a), effective 24 June 2015 ; Bar Matter No. 1922, dated June 3, 2008 ; Letter
of Atty. Rodrigo Cruz Lim to Justice Roberto A. Abad, G.R. No. 191837, July 20,
2013; Rodriguez Manahan v. Flores, A.C. No. 8974, November 13, 2013, 709 SCRA
297; Rivera-Pascual v. Spouses Lim, G.R. No. 191837, September 19, 2012, 681
SCRA 429; Kho v. Uy Lampasa, AC No. 11584, March 6, 2019

Section 25. Support for legal internship, apprenticeship and training. (n)
Section 26. Prompt payment of membership dues. (n)
Section 27. Confidentiality of privileged communication. (21a)

Rules of Court, Rule 138 sec. 20 (e)

Rules of Court, Rule 130 sec. 21 (b)
Revised Penal Code, Art. 209
Hilado v. David, 84 Phil 569 (1949)
Genato v. Silapan, A.C. No. 4078, July 14, 2003 406 SCRA 75 (2003)

Section 28. Protecting client confidences. (21.03a) (21.01a)

Section 29. Duty of confidentiality by former lawyers of a law firm. (n)
Section 30. Duty of confidentiality of members of a law firm. (21.04a) (21.05a)
Section 31. Prohibition against filial disclosure.. (21.06a)
Section 32. Non-disclosure of legal consultation. (21.07a)
Section 33. Foreign lawyers.. (n)
Section 34. Active participation in the development of the legal profession. (4a)
Section 35. Limited Legal Services (Canada Rules, Rule 3.4-2A) (n)
Section 36. Pro bono Limited Legal Services (n) (2.02a) (n)
Section 37. Duty of confidentiality in Limited Legal Services. (Canada Rules,
Rule 3.4-2D) (n)
Section 38. Termination of Limited Legal Services. (Canada Rules, Rule 3.4- 2C) (n)
Section 39. Limited Legal Services of law student practitioners. n)
Section 40. Accountability of legal clinic director and supervising lawyer. (n)
Section 41. Fair and reasonable fees. — A lawyer shall charge only fair and
reasonable fees. (20) . (20.01a)

Attorney’s Fees
RA No. 1706 (2015) An Act Protecting Seafarers Against Ambulance Chasing and
Imposition of Excessive Fees, Providing Penalties Therefor (Seafarers Protection
Act); RA 5185 sec. 6 Rule 138 sec. 24, 32, Rules of Court; Quirante v. IAC, G.R. No.
73886, January 31, 1989, 169 SCRA 769 (1989); Tanhueco v. de Dumo, A.C. No. 1437
and A.C. No. 1683, April 25, 1989, 172 SCRA 760; Albano v. Coloma, A. C. No. 528
October 11, 1967 21 SCRA 411; Metropolitan Bank v. CA, G.R. Nos. 86100-03,
January 23, 1990, 181 SCRA 367

Fee Guide
Roxas v. de Zuzuarregui, G.R. No. 152072, January 31, 2006, 481 SCRA 250;
Masmud v. NLRC, G.R. No. 183385, February 13, 2009, 579 SCRA 509; Aquino v.
Casabar, G.R. No. 191470, January 26, 2015, 748 SCRA 181; Ignacio v. Alviar, A.C.
No. 11482, July 17, 2017 (attorneys fees and acceptance fee distinguished)

Section 42. Division of fees upon referral. (20.02a) (9.02(b)a)

Client’s Consent of Fees for Referral
Urban Bank v. Peña, A.C. No. 4863, September 7, 2001, 364 SCRA 597; See In re
SC Resolution dated April 28, 2013 in G.R. Nos. 145817 & 148822 ; Peña, A.C.
6332, April 17, 2012, 669 SCRA 530; Re LetterComplaint Against Justices Antonio
 10

Carpio and Ma. Lourdes Sereno, filed by Atty. De la Peña, dated Sept. 16, 2001, A.M.
No. 12-6-11-SC, June 13, 2012

Not to Divide Legal Fees

Halili v. CIR, G.R. No. L-24864, April 30, 1985, 136 SCRA 113
Lijuaico v. Terrado, A.C. No. 6317, August 31, 2006, 500 SCRA 301

Section 43. Non-Sharing of fees with non- lawyers. (9.02a)

Client’s Consent of Acceptance of Fee
Rule 138 sec. 20 (e)
Section 44. Payment of compensation by third party. (20.03a) (ABA Model
Rules, Rule 1.8 – Comment)
Client’s Consent of Acceptance of Fee
Rule 138 sec. 20 (e)

Section 45. Prompt payment of legal fees. (n)

Section 46. Controversy over legal fees. (20.04a)
Avoid Compensation Controversy with Client
Rule 138 sec. 24, 32, Rules of Court
Corpus v. CA, G.R. No. L-40424, June 30, 1980, 98 SCRA 424

Section 47. Enforcement of attorney’s lien. (n)

Section 48. Compensation for counsel de oficio. (Rule 138.32a)
Section 49. Accounting during engagement. (16.01a)(n)

Berbano v. Barcelona, A.C. No. 6084, September 3, 2003, 410 SCRA 258
Sison, Jr. v. Camacho, AC No. 10910, January 12, 2016

Section 50. Separate funds. (16.02a)

Keep Client’s Fund Separate
Hernandez v. Go, A.C. No. 1526, January 31, 2005, 450 SCRA 1

Section 51. Prohibition against acquiring interest in object of litigation or

transaction. (ABA Model Rules, Rule 1.8(j)) (n)
Section 52. Prohibition on lending and borrowing; exceptions. (16.04a)
No Borrowing, Lending
Barnachea v. Quicho, A.C. No. 5925, March 11, 2003, 399 SCRA 1
Yu v. Dela Cruz, A.C. No. 10912, January 9, 2016

Section 53. Termination of engagement by the lawyer (22a, 22.01a)

Good Causes for Withdrawal of Services
Domingo v. Aquino, G.R. No. 28078, April 29, 1971, 38 SCRA 472
Montano v. IBP, A.M. No. 4215, May 21, 2001, 358 SCRA 1

Section 54. Termination of engagement by the client. — The lawyer-client

engagement may be terminated by the client at any time upon loss of trust
and confidence. (n) (R138.24a) (R138.26a) (n)
Section 55. Termination of engagement upon death. (n)
Section 56. Accounting and turn over upon termination of engagement.
(22.02a) (R138.37a)
Duties of Lawyer Who Withdraws
Obando v. Figueras, G.R. No. 134854, January 18, 2000, 322 SCRA 148
Chang v. Hidalgo, A.C. No. 6934, April 6, 2016

F. Canon IV- COMPETENCE AND DILIGENCE

Section 1. Competent, efficient and conscientious service. (18.02a)

Adequate Preparation
Sanchez v. Aguilos, A.C. No. 10543, March 16, 2016
 11

Section 2. Undertaking legal services; collaborating counsel. (18.01a)

Section 3. Diligence and punctuality. (18.03a) (11.02a)
Not to Neglect Legal Matters
Legarda v. CA, G.R. No. 94457, June 10, 1992, 209 SCRA 722
Endaya v. Oca, A.C. No. 3967, September 3, 2003, 410 SCRA 344
Carandang v. Obmina, A.C. No 7813, April 21, 2009, 586 SCRA 82
Section 4. Diligence in all undertakings. (12.04a) (12.01a)
Not to Misuse Court Process
Plus Builders, Inc. v. Revilla, Jr., A.C. No. 7056, February 11, 2009, 578 SCRA 432
Section 5. Prompt and objective assessment of the merits. (15.05a) (n)
Candid, Honest Advice
Section 6. Duty to update the client (18.04a)
Inform Client on Status of Case
Abay v. Montesino, A.C. No. 5718, December 4, 2003, 417 SCRA 77
Ramiscal v. Orro, A.C. No. 10945, February 23, 2016
Section 7. Extension of time to file. (12.03a)
Not to Delay Cause
Chua v. Castro, AC No. 10671, November 25, 2015
Section 8. Lifelong learning. (5a)
Section 9. Practice of law concurrent with another profession. (15.08a) (n)
Dual Profession
Nakpil v. Valdez, A.C. No. 2040, March 4, 1998, 286 SCRA 758
De Guzman v. de Dios, A.C. No. 4943, January 26, 2001, 350 SCRA 320
Perez v. de la Torre, A.C. No. 6160, March 30, 2006, 485 SCRA 547
Nuigue v. Sedillo, AC No. 9906, July 29, 2013
Medina v. Lizardo, A.C. No. 10533, January 31, 2017
Dalisay v. Mauricio, A.C. No. 5655, January 23, 2006, 479 SCRA 307

Section 10. Non-legal activities. (n)

G. Canon V- Equality

Section 1. Non-discrimination (14.01)

Service to the Needy

Republic Act No. 9999 or the Free Legal Assistance Act of 2010
Availability of Services Regardless of Status Rule 138 sec. 20 Rules of Court
Republic Act No. 10389 (2012) – An Act Institutionalizing Recognizance as a
Mode of Granting the Release of an Indigent Person in Custody of an
Accused in a Criminal Case
See also Rule 2.01 SC B.M. No. 2012 approved Feb. 10, 2009 on Mandatory
Legal Aid Service for Practicing Lawyers (MLAS) IBP,
Rule on Community Legal Aid Service, A.M. No. 17-03-09-SC, 23 October 2017

Section 2. Treatment of vulnerable persons. (n)

Section 3. Indigent person. (R3.21a)
Section 4. Standard of service (14.04a)
Same Standard of Conduct for Paying and Non-Paying Clients

Draft of the Proposed Implementing Regulations on the Rule on Comprehensive

Legal Aid Service RA 6033, RA 6034, RA 6035, RA 6036
Rule on the Exemption from the Payment of Legal Fees of the Clients of the
National Legal Aid Committee and the Local Chapters of the IBP, A.M. No. 08-11-
7-SC (IRR), Sept. 10, 2009, effective Sept. 27, 2009 RA 9406 (2007), sec. 16-D

H. Canon VI -ACCOUNTABILITY
Note: Suspension, Disbarment and Discipline of Lawyers [Canon VI-
Accountability, CPRA; Rule 139, Rules of Court]

• Nature & Characteristics of Disciplinary Actions against Lawyers

• Grounds
 12

• Proceedings [formerly governed by Rule 139-B now repealed by

CPRA, governed by Canon VI of CPRA]
• Supreme Court Bar Matter No. 1755, dated June 17, 2008
• Yuhico v. Gutierrez, A.C. No. 8391, November 23, 2010
• Maniago v. De Dios, A.C. No. 7472, March 30, 2010, 617 SCRA
142 (2010)
• Ibana-Andrade v. Paita-Moya, A.C. No. 8313, July 14, 2015, 762
SCRA 571 (2015)
• Re: In the matter of the Petition for Reinstatement of Rolando A.
Torres as a member of the Philippine Bar, A.C. No. 5161, August
25, 2015

Section 1. Nature of disciplinary proceedings against lawyers. (CBD Rules,

Rule I, Sec. 4) (R139-B.18)
Section 2. How instituted. (R139-B, Sec. 1) (n) (n)
Section 3. Contents of the complaint. (R139-B, sec. 1a; CBD Rules, Rule II, sec. 1)
Section 4. List of Investigating Commissioners; qualifications. (R139-B, sec. 2) (n)
Section 5. Assignment by raffle of Investigating Commissioner. (R139-B, sec. 2)
Section 6. Complaint against a government lawyer. (n)
Section 7. Disqualification of Investigating Commissioner. (R139-B, sec. 2)
Section 8. Duties of the Investigating Commissioner. (R139-B, sec. 3)
Section 9. Submissions allowed; verification. (CBD Rules, Rule III, sec. 1; Rule V, sec. 5)
Section 10. Prohibited submissions. (CBD, Rule III, secs. 1 and 2)
Section 11. Lack of prima facie showing of liability; outright dismissal. (R139-B, sec. 5)
Section 12. Effect of death of lawyer on administrative disciplinary cases. — (n)
Section 13. Issuance of summons. (CBD, Rule III, sec. 3)
Section 14. Verified answer. (CBD, Rule III, sec. 3) (R139-B, sec. 6)
Section 15. Dismissal after answer (R139-B, sec. 5)
Section 16. Irrelevance of desistance, settlement, compromise, restitution,
withdrawal, or failure to prosecute (R139-B, sec. 5)
Section 17. Counsel de oficioR139-B, sec. 7)
Section 18. Investigation (R139-B, sec. 8)
Section 19. Indirect contempt. (R139-B, sec. 8) (n) (R71.11)
Section 20. Submission of preliminary conference briefs. (CBD, Rule V, sec. 1)
Section 21. (n) (CBD, Rule V, sec. 2)
Section 22. Clarificatory hearing. (CBD, Rule V, sec. 3) (n)
Section 23. Minutes of proceedings. (CBD, Rule V, sec. 4)
Section 24. Non-appearance of parties. (CBD, Rule V, sec. 5)
Section 25. Issuance of report and recommendation by the Investigating
Commissioner. (CBD, Rule V, secs. 6, 7) (CBD, Rule V, secs. 6, 7) (R139-B,
sec. 10) (A.M. No.20-12-01-SC, II.B.8.)
Section 26. Submission of Resolution by the Board of Governors. (n)
Section 27. Depositions. (R139-B, sec. 9)
Section 28. Filing and service. (CBD, Rule VI, sec. 3; R13.5) (n)
Section 29. Substantial defects; motion to reopen (R139-B, sec. 11)
Section 30. Proceedings initiated before the Supreme Court. (R140, sec. 12; R139-B, sec. 13)
Section 31. Preventive suspension. (R139-B, sec. 15)
Section 32. Quantum and burden of proof (n)
Section 33. Serious offenses. (n)
Section 34. Less serious offenses. (n)
Section 35. Light offenses. (n)
Section 36. Assisting in the commission of an offense. (n)
Section 37. Sanctions. (n)
Section 38. Modifying circumstances. (n)
Section 39. Manner of imposition. (R140.20) (n)
Section 40. Penalty for multiple offenses. (R140.21) (n)
Section 41. Payment of fines and return of client’s money and property.
(R140.22) (n)
 13

Section 42. Penalty when the respondent has been previously disbarred. (n)
Section 43. Immediately executory; furnished copies.
Section 44. Confidentiality. (R139-B, sec. 18)
Section 45. Sworn statement after service of suspension.
Section 46. Resumption of practice of law. (n)
Section 47. Reinstatement in the Roll of Attorneys. (n)
Section 48. Petition for judicial clemency (n)
Section 49. Action on the petition for judicial clemency; prima facie merit. (n)
Section 50. Investigation by the Office of the Bar Confidant or other fact-finding body. (n)
Section 51. Decision on the petition for judicial clemency; quantum of evidence. (n)
Section 52. Prohibition against employment of disbarred or suspended lawyer. (n)
Section 53. Costs. (R139-B, sec. 19)

V. Judicial Ethics

• History/Sources
• Definition of Judicial Ethics
• Qualifications of Judges [SC, RTC, MTC]
• Disqualification of Judicial Officers
1. Compulsory
2. Voluntary
• Discipline and Administrative Jurisdiction over Members of the Judiciary [Rule
140]
1. Supreme Court/Impeachment
2. Lower Court Justices and Judges (Sanctions imposed by the SC on
erring Members of the Judiciary)
3. Judicial Integrity Board [2022]
4. Can dismissed judges and justices request for judicial clemency? See
Concerned Lawyers of Bulacan v. Villalon-Pornillos, A.M. RTJ-
092183, February 14, 2017 citing Letter of Judge Augustus Diaz, Branch
37, 560 Phil 1; 533 SCRA 534 (2007)

Six (6) Canons in the NEW CODE OF JUDICIAL CONDUCT OF THE

PHILIPPINE JUDICIARY A.M. No. 03-05-01-SC, effective June 1, 2004
Qualities of Judges

1. Independence

- Libarios v. Dabalos, A.M. RTJ-89-1286, July 11, 1991, 199 SCRA 48

- Tan v. Rosete, A.M. No. MTJ-04-1563, September 8, 2004, 437 SCRA 581
- Ramirez v. Corpus-Macandog, A.M. Nos. R-351, 359, 621, 684, Sept. 26,
1986, 144 SCRA 462
-
2. Integrity

- In re Complaint of Mrs. Rotilla Marcos Against Judge F. Marcos, A.M. No. 97-
2-53-RTC, July 6, 2001, 360 SCRA 539
- Dela Cruz v. Bersamira, A.M. No. RTJ-00-567, July 25, 2000, 336 SCRA 353
- Re Letter of Pres. Justice Conrado M. Vasquez, Jr on CA-G.R. SP No.
103692, Sept. 29, 2008
- In re Undated Letter of Mr. Luis C. Biraogo, A.M. No. 09-2-89-SC, February
24, 2009, 580 SCRA 106
- Allegations made under oath at the Senate Blue Ribbon Committee Hearing
held on 26 September 2013 against Assoc. Justice Gregory Ong, A.M. No.
09-2-89-SC, 23 September 2014
 14

3. Impartiality

- People v. Veneracion, G.R. Nos. 119987-88, October 12, 1995, 249 SCRA 244
- Jorda v. Judge Bitas, A.M. RTJ-14-2376, March 5, 2014, 718 SCRA 1 (2014)
- Prosecutor Leo T. Cahanap v. Judge Leonor Quinones, A.M. No. RTJ-16-
2470, January 10, 2018

4. Propriety

- Marcos, Sr. v. Arcangel, A.M. No. RTJ-91-712, July 9, 1996, 258 SCRA 517
- Lorenzana v. Austria, A.M. No. RTJ-09-2200, April 2, 2014
- OCA Circular No. 173-2017, Proper Use of Social Media, 17 August 2017
- OCA v. Yu, A.M. No. MTJ-12-1813, 14 March 2017, and 8 cases, 820 SCRA 256
- Re: Anonymous Letter complaint Against Associate Justice Normandie B.
Pizarro, Court Of Appeals, A.M. No. 17-11-06-CA, March 13, 2018
- Madeline Tan-Yap v. Hon. Hannibal R. Patricio, A.M. No. MTJ-19-1925, June
3, 2019

5. Equality

- A.M. No. 03-03-13, December 14, 2004 (Rule on Administrative Procedure in

Sexual Harassment Case and Guidelines on Proper Work Decorum in the
Judiciary
- Tan v. Pacuribot, A.M. Nos. RTJ-06-1982-83, December 14, 2007, 540 SCRA
246 (2009
- Benancillo v. Amida, A.M. RTJ-08-2149, March 4, 2011, 645 SCRA (2001)
- S.CT. Res., A.M. No. 06-8-21, November 8, 2011, Use of Gender-Fair
Language
- Dojillo, Jr. v. Ching, A.M. No. P-06-2245, MTJ 09-1741, July 31, 2009
- See also RA 7877 (1995) and RA 11313, Safe Spaces Act (2019)

6. Competence/Diligence

- Castro v. Malazo, A.M. No. 1237-CAR, August 21, 1980, 99 SCRA 165 (1980)
- Office of the Court Administrator v. Judge Floro, A.M. No. RTJ-99-1463,
March 31, 2006, 486 SCRA 66 (2006)
- Automatic Conversion of Some Administrative Cases Against Justices of the
CA and the Sandiganbayan, etc., A.M. No. 02902-SC, 17 September 2002
- Samson v. Caballero, A.M. No. RTJ-08-2136, 05 Augusts 200
- Rev. Rules of Court, Rule 140, as amended by A.M. No. 18-01-05-SC,
effective 02 October 2018, amending Secs. 3, 6 and 9