CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY

A.M. No. 22-09-01-SC

Promulgation: April 11, 2023

Publication: May 14, 2023
Effectivity: May 30, 2023

What is Legal Ethics? Legal Ethics is a branch of moral science which treats of the duties which an
attorney owes to the court,to his client, to his colleagues in the profession and to the public. It is an
embodiment of all principles of morality and refinement that should govern the conduct of every member
of the bar.

o Morality: Set of norms set by the societydoctrine or system of moral conduct.

o Norms: Are principles or rules that you have to conform to because of the current practices,
customs, traditions and laws of the society you live in.
o Refinement: Subtlety

Legal Ethics is the living spirit of the profession it limits, but at the same time it uplifts this profession as a
livelihood. There are restrictions/limitations, but they are there to uplift or to put value and importance to
the profession. Because this is a noble profession.

Distinction of terms associated with “Attorney”

Lawyer One skilled in the law. Prosecutes, defends or appear case in general.
Advocate A person who advises a client and pleads for him in court.
Barrister A person entitled to practice as an advocate or counsel in superior courts in England.
Counsel An advocate or leader, a member of the legal profession.
Doctor An attorney in the admiralty and ecclesiastical courts.
Solicitor A person prosecuting or defending suits in courts of chancery.
Bar Taker Are those who take the BAR Exam

Note: Those who pass the Shari’a Bar are not entitled to be called “Attorneys,” unless they have also been
admitted to the Philippine Bar. In other words, only those who are admitted to the Philippine Bar can be
called “attorneys.”

Lawyers/Attorney
o Refers to a class of persons who by license are officers of the court and who are empowered to
appear, prosecute and defend and on whom peculiar duties, responsibilities, and liabilities are
devolved by law as a consequence.
o Is a person who is a member of the Philippine Bar and who, by warrant of another, practices
law or who acts professionally in legal formalities, negotiations or proceedings, byauthority of his
client.

Attorney of Record
o A lawyer who personally enters his appearance in court and that he will be notified whenever the
court sends notices, orders.
o The attorney whose name, together with his address, is entered in the record of a case as the
designated counsel of the party litigant in the case and to whom judicial notices relative thereto
are sent.

Counsel De Parte – private lawyers

o An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court.
o This term implies freedom of choice either on the part of the attorney (when the nature of the case
allows him to) to decline or accept employment or on the part of the litigant to continue or
terminate the retainer at any time.
o Note: In criminal cases, he can’t decline

Counsel De Officio – public lawyers

o It is an attorney appointed by the court to defend an indigent defendant in a criminal action or to
representdestitute in a case.
o Usually, the PAO lawyers or members of the IBP Legal Aid Program

Associate Attorney
o Usually given to lawyers who are in a law firm.
o They are the associate of an attorney of record.

Amicus Curiae
o an experienced and impartial attorney invited by the court to appear and help in the
disposition of issues submitted to it. It also means “friend of court”.

BAR - refers to the Legal Profession

BENCH - refers to the Judiciary

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 Public Attorney’s Office v Sandiganbayan | G.R. #154297-300 | February 15, 2009

Can a PAO lawyer be required to appear as a counsel of an accuse who are not indigent person?

The case held that the Sandiganbayan, requesting 2 PAO lawyers to represent then-President Estrada, did not
erred in appointing the two PAO lawyers. According to them, they are bound by its duty to protect the
constitutional right of the accused to be heard by himself and counsel. Sandiganbayan also merely required
petitioners to perform their duty as members of the Bar and officers of the court to assist the court in the efficient
administration of justice.

Supreme Court
o Agency with the sole authority to supervise and regulate the legal profession or practice of law
o To regulate the practice of law includes the authority
o to define practice of law
o prescribe the qualifications of a candidate
o the subjects of the bar examinations
o decide who will be admitted to practice, discipline, suspend, or disbar any unfit and
unworthy member of the bar
o reinstate any disbarred or indefinitely suspend attorney
o ordain the integration of the Philippine Bar
o punish for contempt any person for unauthorized practice of law and in general
o exercise overall supervision of the legal profession.
o Moreover, to exercise any other power as may be necessary to elevate the standards of the bar
and preserve its integrity.

In re: Cunanan, 94 Phil 534, March 18, 1954

Congress passed Republic Act No. 972 (Bar Flunkers’ Act of 1953) without Executive approval. Many of the
unsuccessful postwar candidates filed petitions for admission to the bar invoking the new law’s provisions, while
others who had pending motions for revision of their examination papers also invoked the law as grounds for
admission. Republic Act No. 972 has for its object, to admit to the Bar, those candidates who suffered from
insufficiency of reading materials and inadequate preparation. By its declared objective, the law is contrary to
public interest because it qualifies 1,094 law graduates who confessedly had inadequate preparation for the
practice of the profession, as was evidenced by their failure in the exams.

While the law was declared constitutional because of the lack of votes to declare otherwise, the Court found
Republic Act No. 972 unconstitutional for the following reasons.
1. The law is a manifest encroachment on the constitutional responsibility of the Supreme Court to
render the ultimate decision on who may be admitted and may continue in the practice of law according
to existing rules.
2. It is, in effect, a judgment revoking the resolution of the Supreme Court on the petitions which only the
Court may revise or alter, directly violating the Constitution.
3. Congress has exceeded its legislative power to repeal, alter and supplement the rules on admission to the
Bar by the disputed law.
4. It is a class legislation.
5. Article 2 of Republic Act No. 972 is not embraced in the title of the law, contrary to what the Constitution
enjoins, and being inseparable from the provisions of article 1, the entire law is void

The legislature can pass laws in order to promote public welfare and public interest, but that is not
to control the SC authority to determine who may be admitted to the bar and who can engage to
the practice of law.

Practice of Law – is any activity, in or out of court, which requires the application of law, legal principle,
practice or procedure and calls for legal knowledge, training and experience. The practice of law is so
intimately affected with public interest that it is both a right and duty of the state to control and
regulate it in order to promote the public welfare.

Admission to Philippine Bar

o The SC has the sole authority to admit a person to practice law. Admission to Practice of law is an
inherent power of the SC.
o Passing the Bar examination is not sufficient for admission of a person to the Philippine Bar. He
or she still has to take the Lawyer’s Oath and sign the Roll of Attorneys as prerequisites to
admission.

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 Q: Can the President through an E.O. admit a person into the practice of law? No.
Q: How about the Legislative department? No.
o The Congress may pass laws that may elevate or improve the legal profession but they can never encroach
to the authority of the court to determine who may be admitted to the practice of law.

Requirements for Admission to the Bar

1. Citizen of the Philippines;
2. At least 21 years of age;
3. Of Good moral character;
4. A Resident of the Philippines;
5. Must produce before the SC satisfactory Evidence of good moral
character;
6. No charges against him, involving moral turpitude, have been filed
or are pending in any court in the Philippines; (Sec. 2, Rule 138, ROC)
7. Must have complied with the Academic requirements;
8. Pass the Bar examinations;
9. Take the Lawyer’s Oath; and
10. Sign the Roll of Attorneys

Note: Admission to the practice of law is upon the implied condition that his continued enjoyment of the
right conferred is dependent upon his remaining fit and safe to exercise it.

Once admitted to the bar, a lawyer must remain in good and regular standing:
o He must remain a member of the IBP
o He must regularly pay all IBP membership dues and other fees
o He must faithfully observe the rules and ethics of the legal profession
o He must be continually subject tojudicial disciplinary control

Note: IBP membership is an obligation. It is mandatory. The SC has the authority to integrate this
profession, to come up with an official unification of the entire lawyer population.

In the Matter of the IBP Membership Dues Delinquency of Atty. Edillion | A.C. 1928 | December 19, 1980

Can a lawyer be removed from its Roll of Attorneys for stubborn refusal to pay his membership dues to the IBP?

Despite his attitude, he remains valiant defender of the causes entrusted to him. Hence, the Court, felt that
reinstatement could be ordered. It made certain that there was full acceptance on his part of the competence of
this Tribunal in the exercise of its plenary power to regulate the legal profession and can integrate the bar and that
the dues were duly paid. Moreover, the fact that more than two years had elapsed during which he war. barred
from exercising his profession was likewise taken into account. The SC also said that the only compulsory here is
the membership and the payment of dues, lawyers are not compelled to attend meetings and to become officers
and to vote or not.

It has been pertinently observed that there is no irretrievable finality as far as admission to the bar is concerned.
So, it is likewise as to loss of membership. What must ever be borne in mind is that membership in the bar, to
follow Cardozo, is a privilege burdened with conditions. Failure to abide by any of them entails the loss of such
privilege if the gravity thereof warrants such drastic move. Thereafter a sufficient time having elapsed and after
actuations evidencing that there was due contrition on the part of the transgressor, he may once again be
considered for the restoration of such a privilege

License to practice law

o This is enjoyed by an attorney who is qualified.
o It is not a right but a privilege. It can be revoked.

Aguirre v Rana | B.M. #1036 | June 10, 2003

Can a bar passer, but not yet a lawyer, appear as counsel in a case?

No. Respondent passed the 2000 Bar Examinations and took the lawyer’s oath. However, it is the signing in the
Roll of Attorneys that finally makes one a full-fledged lawyer. The fact that respondent passed the bar
examinations is immaterial. Passing the bar is not the only qualification to become an attorney-at-law.
Respondent should know that two essential requisites for becoming a lawyer still had to be performed, namely:
his lawyer’s oath to be administered by this Court and his signature in the Roll of Attorneys. Having held
himself out as "counsel" knowing that he had no authority to practice law, respondent has shown moral unfitness
to be a member of the Philippine Bar.

What is the nature of the office of an attorney?

o It is more than an agency, because he possesses a special power of trust and confidence
o A public officer because he renders public service and his office is imbued with public interest.
o A quasi-judicial office because it has powers and functions that may be similar to that of a judge.
o He has the privilege as the first one to sit in judgment in a particular issue.
o He determines whether there is a valid cause of action in a civil case and determines if the
accused has the valid defense. If there’s a valid cause of action, he sets the judicial

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Officer of the Court - priest of justice
o The most important function of the legal profession is to administer justice.
o Duty to correctly inform the court upon the law and the factsof the case.
o When he files a case, he will discuss the cause of action or the merits of the case to inform
the court of what are the facts and circumstances surrounding the controversy
o He shall not mislead the court.

Note: Membership in the bar is a privilege burdened with conditions and one of which is mindfulness
thata lawyer is an officer of the court.

Privileges of An Attorney
1. To practice law during good behavior before any judicial, quasi-judicial or administrative tribunal.
2. To be the first one to sit in judgment on every case, to set the judicial machinery in motion. The
proper course of judicial discretion in the administration of justice depends on him.
3. From among your ranks, as lawyers, shall be exclusively drawn appointees as judges, prosecutors
and officers in the government. You will have an advantage over other employees.
4. A lawyer enjoys the presumption of regularity in the discharge of his duty.
o I.e., when someone accuses you, the presumption is that you have done this in the
performance of your official duty, and you did it in good faith and in the course of business
5. A lawyer is immune from liability in the performance of his obligation to his client to a third person
insofar as he does not materially depart from his character as a quasi-judicial officer
o But the condition here is that the allegations you make or the acts that you perform are
relevant to the cause of action or the pleading or the case that you are going to file.
o So his statements, if relevant, pertinent or material to the subject of judicial inquiry, are
absolutely privileged regardless of their defamatory tenor and of the presence of malice;
hence, he can speak freely and courageously in the course of judicial proceedings
without risk of incurring criminal prosecution or an action for damages.
6. A lawyer has the right to protest, in a respectful language, any unwarranted treatment of a
witness or any unjustified delay in the administration of justice
7. A lawyer is allowed with great latitude of pertinent comment in furtherance of the causes he
upholds; and for felicity of his client, he may be pardoned for some infelicities of language.
8. The lawyer’s passing the bar examination equivalent to a first-grade civil service eligibility for any
position in the classified service in the government the duties of which require knowledge of law,
or a second-grade civil service eligibility for any other government position which does not
prescribe proficiency in law as a qualification.
9. As a man of law, he is necessarily a leader in the community, looked up to as a model citizen

An attorney has many rights and privileges and he must therefore accept his office with honor. These
rights and privileges are designed to encourage lawyers to be courageous and fearless inthe prosecution
or defense of his client’s cause because there can be no strong court withoutcourageous and fearless
lawyers.

Q: Can a person decline legal representation?

A: Only in MTC can a person waive his right to counsel. But he cannot decline in all other courts and if the penalty
impose is higher than arresto menor.
Note: civil and administrative cases, it is not necessary.

The right to have a legal representation is a constitutional right.

o A party litigant needs the assistance of counsel in all proceedings – administrative, civil or
criminal. Not being a lawyer, he is ignorant of the substantive and procedural laws which are
applied to resolve disputes.
o If in any case, civil or criminal, a court were arbitrary to refuse to hear a party because of the counsel
appointed, it may not be doubted that such refusal would be a denial of hearing and therefore, of
due process in the constitutional sense.

Even a lawyer needs a lawyer

o Even if he is a lawyer, his personal and at times emotional involvement may adversely affect his
performance in handling a case.
o Thus, it has been held that even lawyers,who are parties in a case, need the guiding hand of a
counsel. Skill in drafting pleadings is vastly different from skill needed in the courtroom.

Custodial Investigation
o Is the questioning by law enforcement officers of a suspect taken into custody or otherwise
deprived of his freedom of action in a significant way.
o Usually, you don’t invoke your right to counsel, but if you are accused of a crime or the line of
questioning during the investigation is already pointing at you as the suspect, a presence of
counsel is necessary.
o Note: When there is waiver of right to counsel in custodial investigation and he wants to make a
written confession, it only becomes valid if he is represented by counsel.

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Miranda rights. – These are the right to counsel, right to remain silent, right to know the crime for which
you are being charged, etc. These are his rights that must be read to the suspected of a crime.

Q: In the right to remain silent, what if you say “I don’t need a lawyer, I am now admitting my guilt, I killed the person”,
what should the police officer do? should he still need to get a lawyer?
A: Yes, because it’s a criminal proceeding and a confession will never be legal unless and until done with the
presence or assistance of counsel. He cannot waive that.

Q: What if a person blurts out something while talking to the media. He makes statements that may be
incriminating and he voluntarily admits his guilt in front of the media, can that be used against him?
A: If a person says something despite being informed of his Miranda rights and he admitted his guilt in front of the
media voluntarily and spontaneously, those statements can be used against him. But the prosecution has to prove
that he was informed of his Miranda rights and despite that he waived that right and made those spontaneous
statements admitting his guilt or disclosing some material information about the crime.

Cayetano v Monsod | G.R. #100113 | September 3, 1991

What does it mean when a lawyer engages in the practice of law?

Interpreted in the light of the various definitions of the term "practice of law", particularly the modern concept of
law practice, and taking into consideration the liberal construction intended by the framers of the Constitution,
Atty. Monsod’s past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry,
a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and the poor — verily more than satisfy
the constitutional requirement — that he has been engaged in the practice of law for at least ten years.

PADILLA, J., dissenting:

As commonly understood, "practice" refers to the actual performance or application of knowledge as distinguished
from mere possession of knowledge; it connotes an active, habitual, repeated or customary action. To "practice"
law, or any profession for that matter, means, to exercise or pursue an employment or profession actively,
habitually, repeatedly or customarily. Therefore, a doctor of medicine who is employed and is habitually performing
the tasks of a nursing aide, cannot be said to be in the "practice of medicine.”

Factors determinative of whether a particular activity constitutes "practice of law.”

1. Habituality. It implies customarily or habitually holding one’s self out to the public as a lawyer.
2. Compensation. It implies that his professional services are available to the public for compensation, as a
service of his livelihood or in consideration of his said services.
3. Application of law, legal principle, practice, or procedure which calls for legal knowledge, training and
experience.
4. Attorney-client relationship. It presupposes that where a lawyer undertakes an activity which requires
knowledge of law but involves no attorney-client relationship, such as teaching law or writing law books
or articles, he cannot be said to be engaged in the practice of his profession or a lawyer.

Q: Is teaching law considered as practice of law?

A: Yes, based on the definition of practice of law on the case of Cayetano vs Monsod, which is so broad that it still
considers teaching as a practice of law.

Estafa (defrauds the litigant), is done if such unauthorized practice causes damage to a party; or
there is false representation and rendering service in court in behalf of the litigant.

Layman’s practice – there are cases where the court allowed a non-lawyer appear in a court. E.g., A non-
lawyer is allowed to appear in his own case on a civil case

3 Instances where a non-lawyer can appear in Courts

First instance – When the non-lawyer is a law student.

Law Student Practice Rule (Rule 138-A of the Rules of Court)

o A 3rd year Law student may appear without compensation in any civil, criminal or administrative
case before any trial court, tribunal, board or officer, to represent indigent clients.
o The appearance of the law student shall be under the direct supervision and control of a member
of the IBP.
o Clarification: Where the issues and procedure are relatively simple, the law student may appear
in his personal capacity without the supervision of a lawyer before an inferior court (BM No. 730)

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 Ferdinand Cruz vs. Alberto Min | G.R. No. 154207 | April 27, 2007

Can a law student, may appear before an inferior court as an agent or friend of a party litigant?

As a law student, he prohibited from entering his appearance in behalf of his father, in the criminal case without
the supervision of an attorney duly accredited by the law school. He shall be under the direct supervision and
control of a member of the IBP duly accredited by the law school. However, in Resolution 6, Bar Matter No. 730, the
Court En Banc clarified that the said Rule, however, is different if the law student appears before an inferior court,
where the issues and procedure are relatively simple. In inferior courts, a law student may appear in his personal
capacity without the supervision of a lawyer.

Moreover. a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either
personal or by a duly authorized member of the bar. Thus, a law student may appear before an inferior court as
an agent or friend of a party without the supervision of a member of the bar.

Section 34, Rule 138 is clear that appearance before the inferior courts by a non-lawyer is allowed, irrespective of
whether or not he is a law student. As succinctly clarified in Bar Matter No. 730, by virtue of Section 34, Rule 138, a
law student may appear, as an agent or a friend of a party litigant, without the supervision of a lawyer before inferior
courts.

Eligibility Requirements of Law Student Practitioners. – No law student shall be permitted to engage
in any of the activities under the Clinical Legal Education Program of a law school unless the law student
has applied for and secured the following certifications:

A. Level 1 certification, for law students who have successfully completed their first-year law
courses; They may:
a. Interview prospective clients;
b. Give legal advice to the client;
c. Negotiate for and on behalf of the client;
d. Draft legal documents such as affidavits, compromise agreements, contracts, demand
letter, position papers, and the like;
e. Represent eligible parties before quasi-judicial or administrative bodies;
f. Provide public legal orientation; and
g. in public interest advocacies for policy formulation and implementation.

B. Level 2 certification, for law students currently enrolled for the second semester of their third-
year law courses: Provided however, where a student fails to complete all their third-year law
courses, the Level 2 certification shall be deemed automatically revoked.
a. Perform all activities under Level 1 Certification;
b. Assist in the taking of depositions and/or preparing judicial affidavits of witnesses;
c. Appear on behalf of the client at any stage of the proceedings or trial, before any court,
quasi-judicial or administrative body;
d. In criminal cases, subject to the provisions of Section 5, Rule 110 of the Rules of Court, to
appear on behalf of a government agency in the prosecution of criminal actions; and
e. In appealed cases, to prepare the pleadings required in the case.

The certification issued shall be valid until the student has completed the required number of courses in
the clinical legal education program to complete the law degree, unless sooner revoked for grounds
stated herein.

Note: There must be an approval from the executive judge of RTC. Your application is endorsed by the
school, and the school have to be accredited as an implementor of the clinical legal education program.

Second Instance – On a Party’s Right to Self-Representation.

Self-representation
o The Rules recognize the right of an individual to represent himself in any case in which he is a
party. The Rules state that a party may conduct his litigation personally or by aid of an attorney,
and that his appearance must be either personal or by a duly authorized member of the Bar.
o The individual litigant may personally do everything in the progress of the action from
commencement to the termination of the litigation.
o Note: A party’s representation on his own behalf is not considered to be a practice of law as "one
does not practice law by acting for himself, any more than he practices medicine by rendering
first aid to himself."
o Note: During the course of the proceedings, a party should not be allowed to shift from one form
of representation to another. Otherwise, this would lead to confusion, not only for the other party,
but for the court as well.

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Third instance – According to Legal Ethics

Non-lawyers who may be authorized to appear in court:

1. Cases before the MTC. – Party to the litigation, in person OR through an agent or friend or
appointed by him for that purpose (Sec. 34, Rule 138, RRC)
2. Before any other court. – Party to the litigation, in person (Ibid.)
o Such private individual is governed by the same rules covered by the lawyers.
3. Criminal case before the first level courts in a locality where a duly licensed member of the
Bar is not available.
o The rules provide that a non-lawyer cannot be allowed to appear in a court. Except
when the case is light offense (E.g., arresto menor)
o The judge may appoint a non-lawyer who is:
i. Resident of the province
ii. Of good repute for probity and ability to aid the accused in his defense
iii. duly licensed member of the Bar is not available.
4. Clinical Legal Education Program. – A senior law student, who is enrolled in a recognized law
school’s clinical education program may appear before any court without compensation, to
represent indigent clients. The student shall be under the direct supervision and control of an
IBP member duly accredited by the law school.
5. Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter
o GR: Juridical person cannot practice law. Corporation cannot practice law, unless its
officer may want to represent the corporation on the MTC.
o Exception:
i. If they represent themselves, or
ii. If they represent their organization or members thereof
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act
no. 2259, Sec. 9).
o Non-adversarial role – non-lawyers do not argue, nor cross examine
o Note: It should be in isolated instance – not a regular practice, must not collect payment

When a criminal case is filed, its civil aspect is instituted.

1. Criminal case: People v Respondent
2. Civil case: Plaintiff v Respondent from a crime

Courtesy to opposing counsel

o This the duty to a lawyer’s colleague and not to be disturbed in one’s representation. Nobody
should encroach upon your employment as counsel.

Affidavit of desistance – it is a sworn statement that a complainant is no longer interested to pursue the
complaint.

Different degrees of proof – Proof beyond reasonable doubt, preponderance of evidence, substantial
evidence. The degree of proof against the lawyer of this case is preponderance of evidence.

Q: A lawyer who has lost their citizenship, can they practice law?
A: No. If the lawyer lost his citizenship, he also lost the ability to practice law.

Note: But if he reacquired his citizenship, he may also reacquire the privilege of engaging in the practice of law in
the Philippines given that he (1) recites his oath and (2) enroll to legal units

Types of prohibition
1. Absolute prohibition – governors, mayors, judges, official of Supreme Court, (Reason: they are
required to devote their full time to their mandate)
2. Restriction – E.g., Senator may not appear as counsel in court but they may share their legal
knowledge (They can’t appear in court because they may have undue influence).

Catu vs. Rellosa | A.C. No. 5738 | February 19, 2008

Can the Lupong Tagapamayapa of Barangay can appear as a counsel?

Yes. Section 7(b)(2) of RA 6713 prohibits public officials and employees, during their incumbency, from engaging in
the private practice of their profession "unless authorized by the Constitution or law, provided that such practice
will not conflict or tend to conflict with their official functions." This is the general law which applies to all public
officials and employees. While certain local elective officials are expressly subjected to a total or partial proscription
to practice their profession or engage in any occupation, no such interdiction is made on the punong barangay
and the members of the sangguniang barangay. Accordingly, as punong barangay, respondent was not forbidden
to practice his profession. However, he should have procured prior permission or authorization from the head of
his Department, as required by civil service regulations (Section 12, Rule XVIII of the Revised Civil Service Rules).

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 The rules governing appointive official: CSC | R.A. No. 6713 | CPRA
The rules governing elected official: LGC | CPRA

Section 90(b) | Local Government Code – basis of determining government lawyer should handle a case
o All governors, city and municipal mayors are prohibited from practicing their profession or engaging in
any occupation other than the exercise of their functions as local chief executives.
o Sanggunian members may practice their professions, engage in any occupation, or teach in schools
except during session hours: Provided, that sanggunian members who are also members of the Bar
shall not:
1) Appear as counsel before any court in any civil case wherein a local government unit or any office,
agency, or instrumentality of the government is the adverse party;
2) Appear as counsel in any criminal case wherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office.
3) Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and
4) Use property and personnel of the government except when the sanggunian member
concerned is defending the interest of the government.

Under RA 7160, elective local officials of provinces, cities, municipalities and barangays are the following: the
governor, the vice governor and members of the sangguniang panlalawigan for provinces; the city mayor, the city
vice mayor and the members of the sangguniang panlungsod for cities; the municipal mayor, the municipal vice
mayor and the members of the sangguniang bayan for municipalities and the punong barangay, the members of
the sangguniang barangay and the members of the sangguniang kabataan for barangays.

Section 7b (2) | Code of Conduct

o Public officials and employees during their incumbency shall not engage in the private practice of their
profession unless authorized by the Constitution or law, provided, that such practice will not conflict or
tend to conflict with their official functions; or

A Lawyer In Government Service Who Is Not Prohibited To Practice Law Must Secure Prior Authority From The
Head Of His Department

Section 12, Rule XVIII | Revised Civil Service Rules

o No officer or employee shall engage directly in…profession… without a written permission from the head
of Department;
o Provided, that his prohibition will be absolute in the case of those officers and employees whose duties
and responsibilities require that their entire time be at the disposal of the Government…

Note: In section 21, canon III, If the lawyer is a government-lawyer of an LGU, Instead of DILG, it must be
from his superior (E.g., mayor).

Lawyers who are barred from engaging in the practice of law

1. Judges and other officials and employees from first level court to the Supreme Court
2. Officials and employees of the office of the Solicitor General
3. Other government prosecution offices (Fiscals/Prosecutor they are under DOJ)
4. President and Vice president of the Philippines
5. Members of the cabinet and their deputies, assistants
6. Chairman and members of the Constitutional Commission
7. Civil Service Officers or employees whose duties and responsibilities require that their entire time
be at the disposal of the government (E.g., Lawyers in the PNP, military)
8. Governors, city and municipal mayors
9. Ombudsman and his deputies
10. and all other officials who by special law are absolutely prohibited

Q: Can a lawyer who is an official of Solana represent a case who is up against the LGU of Tuguegarao City?
A: No. Any government official is enjoined to represent any civil case wherein the LGU is the adverse party.
Note: as government official, you cannot go against the government

Q: In a criminal case between a cashier of Amulung where you are the counsel of the accused rapist while being
the incumbent counselor, can you represent him?
A: Yes, as long as it is not in relation to the office.

Q: If you are a member of the Sanggunian do you still need to seek permission from the Secretary of DILG to
engage in practice of law?
A: No. They are already authorized by RA 7160 then you don’t have to seek permission anymore for this is specifically
provided under the law.

Prepared by: Jed Sta. Monica | 8

Note: Retired judges and justices cannot engage in the practice of law within a certain period of time
and even clerk of court. The same with the prohibitions under RA 7160. The law that governs the retired
judges and justices is RA 910. Although it has been amended by the provisions of RA 9946, the provision
governing the retired judges and justice is still the same. Under RA 910, as a condition of their pension,
no retiring justice or judge, during the time he is receiving pension, shall appear as counsel in any
court with the same prohibition as the prohibitions for Sanggunian members.

Query of Atty. Buffe AM No. 08-6-352-RTC, Aug 19, 2009

Atty. Buffe wanted to evade liability by making a query. The court discovered that instead of obeying the order of
the court and under the pretext of getting confused of the provision of the law, she engaged in illegal practice, by
violating the provision of the law about the non-appearance before the court where she was employed within the 1
year prohibited period. Atty. Buffe cited a provision of law that she comparedwith the prohibition applicable to clerk
of courts. She cited R.A. 6713 and compared it with the Code of Conduct of Ethical Standards for Public Officials
and Employees. Under this, clerks of court, within 1 yearfrom their separation from service are prohibited to appear
in that court where he was employed prior tothe separation. Atty. Buffe was employed as clerk of court of RTC
Romblon, but just after she resigned, she appeared in that court and somebody called her attention. While doing
the query she kept on appearing in that court. Then, the SC found out about it.

She raised that “Why may an incumbent engage in the private practice, assuming the same is not a conflict with
his official duties, but a non-incumbent like myself cannot, as is apparently prohibited by the last paragraph of Sec.
7? Why is the former allowed, who is still occupying the very public position that he is liable to exploit, but a non-
incumbent like myself - who is no longer in a position of possible abuse/exploitation – cannot?

The SC said that she is specifically prohibited from appearing in that court to avoid undue influence. Assuming
that she was prejudice by that specific provision of the law then she should have waited for the resolution on that
issue, she should’ve not preempted the resolution of the court by appearing despitesuch prohibition.

Atty. Buffe was found guilty of professional misconduct for violating Rule 1.01 of Canon 1 and Canon 7 of the Code
of Professional Responsibility. She is hereby FINED, and STERNLY WARNED that a repetition of this violation and
the commission of other acts of professional misconduct shall be dealt withmore severely. The SC said there is no
confusion, conflict, and inconsistency. Clerk of Court, or a judge or a justice who has retired from service is prohibited
to appear in that court prior to their separation from service within 1 year to avoid undue influence.

Other remedies in unauthorized practice of law:

o Injunction: a petition filed in court enjoining a person from an act.
o Declaratory Relief
o Contempt of Court
o Petition for disqualification
o Administrative Complaint for public officer
o Criminal Complaint for Estafa
o Duties of an attorney are not just applicable to lawyers, but also to future lawyers.

Prepared by: Jed Sta. Monica | 9

 PREAMBLE

Ethics is the experiential manifestation of moral standards. The observance of these standards of conduct is both
a function of personal choice and formal compulsion. A lawyer is ideally ethical by personal choice. A code of ethics
expressly adopted represents society’s consensus and dictate to conform to a chosen norm of behavior that
sustains the community’s survival and growth.

The Code of Professional Responsibility and Accountability, as an institutional imperative, is meant to foster an
environment where ethical conduct performs a dedicated role in the administration of justice. In particular, the
standards embodied in the Code of Professional Responsibility and Accountability uniquely address the
characteristics of the Filipino lawyer as an amalgamation of influences and moorings, i.e., familial, cultural, religious,
academic, political, and philosophical. Inherently a social being, the Filipino lawyer inevitably develops and
cultivates relations, preferences and biases. The conscious adoption of ethical standards that accounts for such
relationships and personal choices balanced against the demands of right and justice is envisioned to govern and
regulate these personal choices and make them consistent with the institutional objectives.

The existence of a free and an independent society depends upon the recognition of the concept that justice is
based on the rule of law.

As a guardian of the rule of law, every lawyer, as a citizen, owes allegiance to the Constitution and the laws of the
land; as a member of the legal profession, is bound by its ethical standards in both private and professional matters;
as an officer of the court, assists in the administration of justice; and as a client’s representative, acts responsibly
upon a fiduciary trust.

An ethical lawyer is a lawyer possessed of integrity. Integrity is the sum total of all the ethical values that every
lawyer must embody and exhibit. A lawyer with integrity, therefore, acts with independence, propriety, fidelity,
competence and diligence, equality and accountability.

Failure to abide by the Code results in sanctions.

Preamble
o Rationale behind the promulgation of CPRA
o Since lawyers have diverse background, they are bound by certain standard

Qualities
o Propriety – means proper decorum. I.e., It is what is expected from you in a decent society.
o Integrity – sum total of all the ethical values the lawyer should have.

Four-fold duty of a Lawyer

o His duties to the court – as an officer of the court, assists in the administration of justice.
o His duties to his client – as a client’s representative, acts responsibly upon a fiduciary trust.
o His duties to his colleagues in the profession – as a member of the legal profession, is bound by
its ethical standards in both private and professional matters
o His duties to the public – as a guardian of the rule of law, every lawyer, as a citizen, owes
allegiance to the Constitution and the laws of the land

To balance your duties as a lawyer: You balance it by obeying the order of the court but at the same time protecting
the rights of your clientor without violating the rule of confidentiality. If there is really a need to disclose a private
information of a client to the court, you may, as long as the exceptions are present.

E.g., There’s waiver on the part of the client and the law requires it

Prepared by: Jed Sta. Monica | 10

 Oath of Lawyers

“I, (name), do solemnly swear that I accept the honor, privilege, duty, and
responsibility of practicing law in the Philippines as an Officer of the Court, in
the interest of our people.
I declare fealty to the Constitution of the Republic of the Philippines.
In so doing, I shall work towards promoting the rule of law in a regime of
truth, justice, freedom, love, equality, and peace.
I shall conscientiously and courageously work for justice, as well as safeguard
the rights and meaningful freedoms of all persons, identities, and
communities.
I shall ensure greater and equitable access to justice.
I shall do no falsehood nor shall I pervert the law to unjustly favor or prejudice
anyone.
I shall faithfully discharge these duties and responsibilities to the best of my
ability, with integrity and utmost civility.
I impose upon myself without mental reservation nor purpose of evasion.
So help me, God.”

“Officer of the court”

o Assist in the administration of justice
o Practice of law is the ultimate purpose

Manzano vs. Atty. Soriano | A.C. No. 8051 | April 7, 2009

Can a lawyer be disbarred for violating the Oath of Lawyer?

Yes. Respondent’s grave misconduct (misappropriating the funds belonging to his client) and malpractice
(presented himself falsely as a notary public) is a ground for suspension or disbarment of lawyers. First,
respondent's acts immediately adverted to are reflective of his gross and wanton disregard of the Code of
Professional Responsibility, more specifically its Canon 16, which provides that "a lawyer shall hold in trust all money
and property collected or received for or from the client." Respondent perverted his position, as complainant's
lawyer, and his legal expertise by misappropriating the funds rightfully belonging to his client for his benefit
without so much as informing complainant. In net effect, respondent duped both complainant and Barela. And
in a vein bid to cover up his grave misdeed, respondent, via a deed of sale, made it appear that he acquired the
aforesaid property from Barela's mother, P10,000. On its face, however, the deed had respondent as house/lot
buyer and, at the same time, as the notarizing officer, although he was without an appointment as notary public
at that time. The act of notarizing without the necessary commission is not merely a simple enterprise to be
trivialized. So much so that one who stamps a notarial seal and signs a document as a notary public without being
so authorized may be hailed to court not only for malpractice but also for falsification.

Prepared by: Jed Sta. Monica | 11

 CANON I. Independence

The independence of a lawyer in the discharge of professional duties without any improper influence,
restriction, pressure, or interference, direct or indirect, ensures effective legal representation and is
ultimately imperative for the rule of law.

Section 1. Independent, accessible, efficient and effective legal service. — A lawyer shall make legal services
accessible in an efficient and effective manner. In performing this duty, a lawyer shall maintain independence, act
with integrity, and at all times ensure the efficient and effective delivery of justice.

Accessible. – Mandatory legal aid service

o Lawyers who will be admitted to the Philippine Bar and have signed the Roll of Attorneys for that
particular year (“Covered Lawyers”) are obliged to render one hundred twenty (120) hours of pro
bono legal aid services to qualified parties.
o PAO is mandated to render free legal representation, counseling, and other legal services to
individuals who are classified as indigent

Independence. The lawyer is the court itself - an agency to advance the just and equitable justice

Bratschi Vs. Atty. Robert Peneyra, AC No. 11863, August 1, 2023

The IBP-CBD found that Atty. Peneyra was absent for 13 times or more in the criminal case, and 12 times or more
in the civil case. Worse, Atty. Peneyra's unjustifiable absences despite due notice and warnings from the courts
resulted in the: (a) waiver of objections during direct examinations of the witnesses of the adverse parties, (b)
waiver of the conduct of cross-examinations on said witnesses, ( c) non-filing of the necessary comments or
oppositions to the adverse parties' formal offer of evidence, (d) issuance of warrant of arrest against Bratschi and
forfeiture of her bail bond, and (e) failure to present and offer evidence on behalf of his client. Ultimately, Atty.
Peneyra's gross negligence in handling Bratschi's cases resulted in her conviction of the crime of falsification of a
private document for which she was sentenced to suffer imprisonment, and in the adverse decision in the civil
case wherein her original certificate of title was cancelled. Based on the foregoing, Atty. Peneyra clearly violated
his client's trust and confidence, and miserably failed to perform his duties with competence and diligence.
Atty. Peneyra effectively abandoned his client's cause without any justifiable reason. Consequently, he is
administratively liable under the CPRA.

It is well settled that the relationship between a lawyer and a client is imbued with utmost trust and confidence.
As such, lawyers are expected to exercise the necessary diligence and competence in managing cases entrusted
to them. They commit not only to review cases or give legal advice, but also to represent their clients to the best
of their ability without need to be reminded by either the client or the court. The expectation to maintain a high
degree of legal proficiency and attention remains the same whether the represented party is a high-paying client
or an indigent litigant

Dizon Vs. Atty. Maila Trinidad, AC No. 13675, July 11, 2023

The relationship between a lawyer and his client is highly fiduciary and prescribes on a lawyer a great fidelity and
good faith. The highly fiduciary nature imposes upon the lawyer the duty to account for the money or property
collected or received for or from his client. Disregard thereof is a gross violation of general morality, as well as of
professional ethics.

The Court has repeatedly held that to justify suspension or disbarment, the act complained of must not only be
immoral, but grossly immoral. An act to be considered grossly immoral shall be willful, flagrant, or shameless, as
to show indifference to the opinion of good and respectable members of the community.

the Court reminds that lawyers are instruments for the administration of justice. As vanguards of our legal system,
they are expected to maintain not only legal proficiency but also a high standard of morality, honesty, integrity,
and fair dealing. In so doing, the people's faith and confidence in the judicial system is ensured. Any deviation
from this sworn duty warrants the Court's disciplinary powers.

Prepared by: Jed Sta. Monica | 12

 Section 2. Merit-based practice. — A lawyer shall rely solely on the merits of a cause and not exert, or give the
appearance of, any influence on, nor undermine the authority of, the court, tribunal or other government agency,
or its proceedings.

It is inappropriate to utilize other methods or any impropriety that tends to influence the court

Section 3. Freedom from improper considerations and external influences. — A lawyer shall not, in advocating
a client’s cause, be influenced by dishonest or immoral considerations, external influences, or pressure.

Section 4. Non-interference by a lawyer. — Unless authorized by law or a court, a lawyer shall not assist or cause
a branch, agency, office or officer of the government to interfere in any matter before any court, tribunal, or other
government agency.

Influence Peddling – is the illegal practice of using one’s influence in government or connections with
persons in authority to obtain favors or preferential treatment for another, usually in return for payment.

Section 5. Lawyer’s duty and discretion in procedure and strategy. — A lawyer shall not allow the client to
dictate or determine the procedure in handling the case.
Nevertheless, a lawyer shall respect the client’s decision to settle or compromise the case after explaining its
consequences to the client.

Rights of a Client and a Lawyer

o In Substantive right – lawyer cannot dictate client’s decision to settle
o In Procedural right – client cannot dictate the procedure in handling the case

Q: Can a lawyer appear in the pre-trial without the presence of the client?
A: As a general rule, the lawyer can. A representative may appear on behalf of a party, but must be fully authorized
in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter
into stipulations or admissions of facts and documents.

Xcp: Where there is a compromise agreement, the client must appear

Q: What if the client is away?
A: A special power of attorney (SPA) may be given. Without SPA for authorizing compromise, lawyer “cannot
compromise a client’s litigation, or receive anything in discharge of a client’s claim.”

Note: When the client does not know the rule, the presumption is that the client wants to appeal.

Q: Can a lawyer appear in court without the written authority of his client?
A: Sec. 21, Rule 138, RoC. Authority of attorney to appear. - An attorney is presumed to be properly authorized to
represent any cause in which he appears, and no written power of attorney is required to authorize him to appear
in court for his client, but the presiding judge may, on motion of either party and on reasonable grounds therefor
being shown, require any attorney who assumes the right to appear in a case to produce or prove the authority
under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed
him, and may there upon make such order as justice requires. An attorney willfully appearing in court for a person
without being employed, unless by leave of the court, may be punished for contempt as an officer of the court who
has misbehaved in his official transactions.

Prepared by: Jed Sta. Monica | 13

 CANON II. Propriety

A lawyer shall, at all times, act with propriety and maintain the appearance of propriety in personal and
professional dealings, observe honesty, respect and courtesy, and uphold the dignity of the legal
profession consistent with the highest standards of ethical behavior.

Section 1. Proper conduct. — A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.

The power to disbar or suspend ought always to be exercised on the preservative and not on the vindictive
principle, with great caution and only for the weightiest reasons and only on clear cases of misconduct which
seriously affect the standing and character of the lawyer as an officer of the court and member of the Bar. Only
those acts which cause loss of moral character should merit disbarment or suspension, while those acts which
neither affect nor erode the moral character of the lawyer should only justify a lesser sanction unless they are of
such nature and to such extent as to clearly show the lawyer's unfitness to continue in the practice of law.

In disbarment proceedings, the complainant bears the burden of proof to satisfactorily prove the allegations in
his or her complaint. The quantum of proof necessary for a finding of guilt is substantial evidence, i.e., that amount
of relevant evidence that a reasonable mind might accept as adequate to support a conclusion. The basic rule is
that mere allegation is not evidence and is not equivalent to proof. Charges based on mere suspicion and
speculation likewise cannot be given credence.

Gross immorality – the degree to be disbarred

o Immoral – the act done is one that involved moral turpitude (something that is of the highest
degree of vileness, depravity, baseness, and shocking to men)
o Unlawful – an act or omission against law
o Dishonest – lying or cheating

IRRI Vs. NLRC, GR No. 97239, May 12, 1993

Moral turpitude has been defined as everything which is done contrary to justice, modesty, or good morals; an act
of baseness, vileness or depravity in the private and social duties which a man owes his fellowmen, or to society in
general, contrary to justice, honesty, modesty or good morals. As to what crime involves moral turpitude, is for the
Supreme Court to determine. Thus, the precipitate conclusion of IRRI that conviction of the crime of homicide
involves moral turpitude is unwarranted considering that the said self-defense from an unlawful aggression by the
victim has not been so classified as involving moral turpitude.

Under this case homicide may or may not involve moral turpitude depending on the degree of the crime. Moral
turpitude is not involved in every criminal act and is not shown by every known and intentional violation of statute,
but whether any particular conviction involves moral turpitude may be a question of fact and frequently depends
on all the surrounding circumstances.

Examples of Moral turpitude

o Bouncing check (Violation of BP 22)
o Estafa – crime of deceit
o Murder

Garrido Vs. Garrido, AC No. 659 3, February 4, 2010

The contention of respondent that they were not yet lawyers in March 27, 1978 when they got married shall not
afford them exemption from sanctions, for good moral character is required as a condition precedent to admission
to the Bar. Likewise, there is no distinction whether the misconduct was committed in the lawyer’s professional
capacity or in his private life.

Moral character is not a subjective term but one that corresponds to objective reality. To have good moral character,
a person must have the personal characteristics of being good. It is not enough that he or she has a good reputation.
The requirement of good moral character has four general purposes,
(1) to protect the public;
(2) to protect the public image of lawyers;
(3) to protect prospective clients; and
(4) to protect errant lawyers from themselves

Prepared by: Jed Sta. Monica | 14

Personal Characteristics
o Integrity – it covers all good characteristics; it is what you are when no one is looking at you
o Timeliness
o Compassion
o Honesty

Maligaya v. Doronilla | September 16, 2006

The respondent faced two months of suspension from the practice of law for untruthfully stating to the court that
complainant had agreed to withdraw his lawsuits. It was held that an effort to compromise does not justify the
sacrifice of truthfulness in court.

There is nothing in the duty of a lawyer to foster peace among disputants that, in any way, makes it necessary
under any circumstances for counsel to state as a fact that which is not true. A lawyer's duty to the court to employ
only such means as are consistent with truth and honor forbids recourse to such a tactic. Thus, even as we give
Atty. Doronilla the benefit of the doubt and accept as true his avowed objective of getting the parties to settle the
case amicably, we must call him to account for resorting to falsehood as a means to that end.

Chavez v. Viola | 196 SCRA 10 | 1991

Respondent has knowingly made a false statement to the court in the land registration case. As proven by
complaint, respondent has willingly aided and consented in the filing and prosecution of a groundless, if not false,
application for land registration, in violation of his oath as a lawyer and member of the bar.

Practice of law is not a right but a privilege. — Practice of law is a privilege bestowed by the State on those who
show that they possess, and continue to possess, the qualifications required by law for the conferment of such
privilege.

First duty of lawyers is not to their clients but to the courts. — IA lawyer has the fundamental duty to satisfy the
Court with complete candor and honesty. Otherwise, the administration of justice would gravely suffer if indeed it
could proceed at all. It is essential that lawyers bear in mind at all times that their first duty is not to their clients
but rather to the courts, that they are above all officers of court sworn to assist the courts in rendering justice to all
and sundry, and only secondarily are they advocates of the exclusive interests of their clients. For this reason, he is
required to swear to do no falsehood, nor consent to the doing of any in court.

Cantorne vs Ducusin | August 9, 1932

While he was counsel for the accused Petrona Basmayor in the criminal case filed against her by Engracia
Cantorne, he made said Cantorne believe that he could act for her in fixing up her case in such a way that his client
Basmayor would pay her P25 for the shawl she had lost; (2) that he frustrated the administration of justice by
instructing Cantorne not to appear in the hearing of the case in which she was the complainant evidently for the
purpose of having the case against his client dismissed on the ground of non-appearance of the offended party;
and (3) by making the complainant believe that he was doing everything to help her in her case while he was also
serving as lawyer of the accused whose interests were entirely opposed to those of the complainant, and on
account of such assurances of his aid, the complainant out of gratitude spent money in entertaining him several
times in her house.

There can be no doubt that the aforementioned facts constitute malpractice and that same ought to be severely
condemned and the respondent corrected by disciplinary action. As the evidence clearly shows the respondent
attorney not only represented both parties (complaining witness and defendant) in that criminal action, but also
obstructed and tried to frustrate the administration of justice in concealing the former when said cause was called
for trial and in urging that the information be dismissed for lack of evidence for the prosecution.

Prepared by: Jed Sta. Monica | 15

 Section 2. Dignified conduct. — A lawyer shall respect the law, the courts, tribunals, and other government
agencies, their officials, employees, and processes, and act with courtesy, civility, fairness, and candor towards
fellow members of the bar.

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

Respect the law and the courts. The court is represented not only by the judges but also the employees

Humility and confidence should go together; humble to know what you do not know and confidence to
learn what you do not know.

Language. Respect is manifested in how a person choose his diction. E.g., in court, the lawyer says “plead”
and not “dictate”.

Pobre V. Defensor-Santiago | A.C. No. 7399 | August 25, 2009

To the Court, the lady senator has undoubtedly crossed the limits of decency and good professional conduct. It is
at once apparent that her statements in question were intemperate and highly improper in substance. To reiterate,
she was quoted as stating that she wanted "to spit on the face of Chief Justice Artemio Panganiban and his cohorts
in the Supreme Court," and calling the Court a "Supreme Court of idiots."

A lawyer is an officer of the courts; he is, "like the court itself, an instrument or agency to advance the ends of
justice." Thus, has it been said of a lawyer that "[a]s an officer of the court, it is his sworn and moral duty to help
build and not destroy unnecessarily that high esteem and regard towards the courts so essential to the proper
administration of justice."

The Court has consistently reminded lawyers that they cannot segregate their public life from their
private affairs:
A lawyer is not allowed to divide his personality as an attorney at one time and a mere citizen at another.
Regardless of whether a lawyer is representing his client in court, acting as a supposed spokesperson
outside of it, or is merely practicing his right to press freedom as a "journalist-blogger "his duties to the
society and his ethical obligations as a member of the bar remain unchanged.

Q: Can the Court sanction a lawyer who acted beneath his duty as an officer of the court?
A: Lawyers may be disciplined even for any conduct committed in their private capacity, as long as their
misconduct reflects their want of probity or good demeanor, a good character being an essential qualification for
the admission to the practice of law and for continuance of such privilege.

Note: "conduct" or "misconduct" is not confined to one’s behavior exhibited in connection with the performance
of lawyers’ professional duties, but also covers any misconduct, which––albeit unrelated to the actual practice of
their profession––would show them to be unfit for the office and unworthy of the privileges which their license and
the law invest in them.

Q: Can the Court sanction a lawyer who is acting in his capacity as government official?
A: Generally speaking, a lawyer holding a government office may not be disciplined as a member of the Bar for
misconduct committed while in the discharge of official duties, unless said misconduct also constitutes a violation
of his/her oath as a lawyer.

Prepared by: Jed Sta. Monica | 16

 Atty. De La Rosa v. CA Justice Sabio

It bears stressing that it is the duty of a lawyer to conduct himself with courtesy, fairness and candor toward his
professional colleagues. 22 As officers of the court, lawyers are mandated to conduct themselves honorably, fairly
and candidly toward each other. Though a lawyer’s language may be forceful and emphatic, it should always be
dignified and respectful, befitting the dignity of the legal profession. Obviously, complainant’s use of sarcasm in
calling the three respondent lawyers "brilliant lawyers", "legal supermen" and "sages" fell short of this mandate. It
served no useful purpose. The use of intemperate language and unkind ascriptions have no place in the dignity of
judicial forum. Civility among members of the legal profession is a treasured tradition that must at no time be lost
to it.

Section 3. Safe environment; avoid all forms of abuse or harassment. — A lawyer shall not create or promote an
unsafe or hostile environment, both in private and public settings, whether online, in workplaces, educational or
training institutions, or in recreational areas.

To this end, a lawyer shall not commit any form of physical, sexual, psychological, or economic abuse or violence
against another person. A lawyer is also prohibited from engaging in any gender-based harassment or
discrimination.

Related to the Safe Spaces Act and VAWC

In Re: Atty. Gadon's Viral Video Against Robles | A.C. No. 13521 | June 27, 2023

The Court found that Atty. Gadon's language in the video recording against Robles was violative of Rule 7.03 of the
CPR, not to mention constitutive of prima facie gender-based online sexual harassment under Sections 3(e) and
12 of Republic Act (R.A.) No. 11313.

The violation of R.A. No. 11313 consists in doing acts that cause or are likely to cause mental, emotional or
psychological distress, and fear of personal safety. In other words, the violation pertains to the acts of the
perpetrator, not to the reaction of the recipient. Thus, even assuming for the sake of argument that Robles did not
feel threatened by Atty. Gadon's utterances in the subject video clip, such reaction does not mean that his behavior
did not terrorize or intimidate her, or otherwise cause her mental, emotional or psychological distress, or fear for
her personal safety.

Ruiz v. Atty. Ruiz | A.C. No. 13132 | January 31, 2023

Ruiz refused to provide support for complainant and their child Jarren, which should have been given as soon as
the trial court's ruling had become final.

Lawyers and judges alike should be at the forefront in combatting domestic abuse and mitigating its effects. But
rather than become a vanguard against violence on women and children, respondent chose to be its perpetrator.
The Court, therefore, deems it proper to impose the supreme penalty of disbarment on respondent Atty. Ruiz for
decisively and unapologetically depriving complainant and their child of support for at least 8 long years.

The noble legal profession is simply no place for abusers. The Court does not coddle violators of the VAWC law, nor
does it allow them to tarnish its collective dignity. We have all vowed to uphold the protection of women and
children when we took our sacred oath. This involves the imposition of administrative penalties, including the
supreme penalty of disbarment, when our own officers of the Court violate this sworn duty.

Prepared by: Jed Sta. Monica | 17

 Section 5. Observance of fairness and obedience. — A lawyer shall, in every personal and professional
engagement, insist on the observance of the principles of fairness and obedience to the law.

Section 6. Harassing or threatening conduct. — A lawyer shall not harass or threaten a fellow lawyer, the latter’s
client or principal, a witness, or any official or employee of a court, tribunal, or other government agency.

Section 7. Formal decorum and appearance. — A lawyer shall observe formal decorum before all courts, tribunals,
and other government agencies.

A lawyer’s attire shall be consistent with the dignity of the court, tribunal or other government agency, with due
respect to the person’s sexual orientation, gender identity, and gender expression.

Section 8. Prohibition against misleading the court, tribunal, or other government agency. — A lawyer shall
not misquote, misrepresent, or mislead the court as to the existence or the contents of any document, argument,
evidence, law, or other legal authority, or pass off as one’s own the ideas or words of another, or assert as a fact that
which has not been proven.

Re: letter of the UP law | A.M. no. 10-10-4-SC | March 08, 2011

Del Castillo, the ponente of Vinuya v. Executive Secretary, was accused of plagiarizing books and articles for the
decision. The UP College of Law Faculty, through an article, expressly gave their dismay saying that the court had
the hopes of relief from those “comfort women” during the war “crushed by a singularly reprehensible act of
dishonesty and misrepresentation by the Highest Court of the Land.” In addition, it was stated that plagiarism, as
appropriation and misrepresentation of another person’s work as one’s own, is considered as “dishonesty, pure
and simple.”

While a lawyer is entitled to present his case with vigor and courage, such enthusiasm does not justify the use of
offensive and abusive language. Language abounds with countless possibilities for one to be emphatic but
respectful, convincing but not derogatory, illuminating but not offensive. This Court is certainly not claiming that
it should be shielded from criticism. All the Court demands is the same respect and courtesy that one lawyer owes
to another under established ethical standards.

Insular Life Assurance Company vs Insular Life Assurance Company | G.R. No. L-25291 | January 30, 1971

Be that as it may, we must articulate our firm view that in citing this Court's decisions and rulings, it is the bounden
duty of courts, judges and lawyers to reproduce or copy the same word-for-word and punctuation mark-for-
punctuation mark. Indeed, there is a salient and salutary reason why they should do this. Only from this Tribunal's
decisions and rulings do all other courts, as well as lawyers and litigants, take their bearings. This is because the
decisions referred to in article 8 of the Civil Code which reads, "Judicial decisions applying or interpreting the laws
or the Constitution shall form a part of the legal system of the Philippines," are only those enunciated by this Court
of last resort. We said in no uncertain terms in Miranda, et al. vs. Imperial, et al. (77 Phil. 1066) that “Only the decisions
of this Honorable Court establish jurisprudence or doctrines in this jurisdiction." Thus, ever present is the danger
that if not faithfully and exactly quoted, the decisions and rulings of this Court may lose their proper and correct
meaning, to the detriment of other courts, lawyers and the public who may thereby be misled. But if inferior courts
and members of the bar meticulously discharge their duty to check and recheck their citations of authorities culled
not only from this Court's decisions but from other sources and make certain that they are verbatim reproductions
down to the last word and punctuation mark, appellate courts will be precluded from acting on misinformation,
as well as be saved precious time in finding out whether the citations are correct.

Section 9. Obstructing access to evidence or altering, destroying, or concealing evidence. — A lawyer shall not
obstruct another lawyer’s access to evidence during trial, including testimonial evidence, or alter, destroy, or
conceal evidence.

Whether the disclosure of an evidence shall be favorable to a client or not, the lawyer has the primary
duty to the court in the advancement of justice.

Prepared by: Jed Sta. Monica | 18

 Section 10. Conduct in the presentation of a witness. — A lawyer shall avoid all forms of impropriety when
presenting or confronting a witness.

A lawyer shall not coach, abuse, discriminate against, or harass any witness, in or out of the court, tribunal, or other
government agency, or talk to a witness during a break or recess in the trial, while a witness is still under
examination. Neither shall a lawyer direct, assist, or abet any misrepresentation or falsehood by a witness.

o Coaching your witness to answer is not allowed.

o When the client is intentionally dishonest, the lawyer may withdraw as his counsel.
o The lawyer may also deny someone as witness if he does not swear to tell the truth.

Section 11. False representations or statements; duty to correct. — A lawyer shall not make false representations
or statements. A lawyer shall be liable for any material damage caused by such false representations or statements.
A lawyer shall not, in demand letters or other similar correspondence, make false representations or statements,
or impute civil, criminal, or administrative liability, without factual or legal basis.
A lawyer shall correct false or inaccurate statements and information made in relation to an application for
admission to the bar, any pleading, or any other document required by or submitted to the court, tribunal or
agency, as soon as its falsity or inaccuracy is discovered or made known to him or her.

o Impute – accusing a person with a baseless act.

o “Shall not make false representation” – not knowingly make false statement which is irrelevant
and malicious.

Judicial Affidavit – direct testimony of the witness. Must include everything that is necessary. Including
the exact narration of the witness that transpired on the scene. It shouldn’t be tampered. Note: It must
be written in the language spoken by the witness.

“False of inaccurate statements” as lawyers you need to help the court to attain justice. Since the court
will rely to the pleading submitted to them, every document must emanate from truthful, accurate, and
factual information.

Lawyers submit a Certificate of Good Standing

Section 12. Duty to report dishonest, deceitful or misleading conduct. — A lawyer shall immediately inform a
court, tribunal, or other government agency of any dishonest, deceitful or misleading conduct related to a matter
being handled by said lawyer before such court, tribunal, or other government agency.
A lawyer shall also report to the appropriate authority any transaction or unlawful activity that is required to be
reported under relevant laws, including the submission of covered and suspicious transactions under regulatory
laws, such as those concerning anti-money laundering. When disclosing or reporting the foregoing information to
the appropriate court, tribunal, or other government agency, the lawyer shall not be deemed to have violated the
lawyer’s duty of confidentiality.
Any such information shall be treated with strict confidentiality.
A baseless report shall be subject to civil, criminal, or administrative action.

Duty first to the court or to the law; The duty of the client is subsidiary or secondary

Canon II Sec. 12 vs. Canon III Section 27

o During a privileged communication, client reveals that he commits the crime of murder as
charged. In this case, the lawyer cannot divulge such information under Canon III sec. 27.
o However, if the counsel, during the course of investigation, found out that he did in fact
committed the act charged, then he shall report it to the proper authority under Canon II sec. 12.

Prepared by: Jed Sta. Monica | 19

 Q: If your neighbor says that he will kill someone and that when the crime was executed, he subsequently
requested that you represent him. Can the lawyer report?
A: Yes, since there’s no lawyer-client relationship yet. It is the duty of the lawyer to report dishonest, deceitful, or
misleading conduct.
Note: It is not necessary that it is your client.

Section 13. Imputation of a misconduct, impropriety, or crime without basis. — A lawyer shall not, directly or
indirectly, impute to or accuse another lawyer of a misconduct, impropriety, or a crime in the absence of factual or
legal basis.

Neither shall a lawyer, directly or indirectly, file or cause to be filed, or assist in the filing of frivolous or baseless
administrative, civil, or criminal complaints against another lawyer.

Note: A lawyer has a responsibility to his colleagues, but his primary duty as a lawyer is to his client.

Section 14. Remedy for grievances; insinuation of improper motive. — A lawyer shall submit grievances against
any officer of a court, tribunal, or other government agency only through the appropriate remedy and before the
proper authorities.

Statements insinuating improper motive on the part of any such officer, which are not supported by substantial
evidence, shall be ground for disciplinary action.

The Judicial Integrity Board (JIB) is a body established by the Supreme Court to ensure the integrity and
accountability of the judiciary. The JIB is tasked with receiving and acting on administrative complaints
against justices, judges, and court personnel.

Rodil v. Garcia | G.R. No. L-49155 | May 13, 1981

The petitioner-appellant argues that the judge's refusal to let her cross-examine the prosecution's witnesses, while
allowing the prosecution to cross-examine the defense witnesses, implies she was denied a right she was entitled
to. In being denied confrontation of the prosecution witnesses, she was not deprived of any right but was merely
refused the exercise of a privilege.

An occupant on the bench, while he should be on guard against undue emotional reaction, is, after all, not
expected to be totally free from such traits as irritability and exasperation. Moreover, he is entitled and should get
that proper degree of respect and courtesy from a lawyer appearing before him. While it is not only the right of
an advocate but his duty to cite all pertinent authorities, this could be done in a less assertive manner and by way
of a submission rather than a lecture. It must never be forgotten that a lawyer pleads; he does not dictate.

A lawyer should not assail the personal integrity of a judge and accuse him of misfeasance in an attempt to hide
the lawyer’s own inadequacies and omission to escape criticism of his client. Otherwise, this would constitute
direct contempt in facie curiae, and in violation of the lawyer’s oath and a transgression of the Canons of
Professional Ethics. A lawyer who uses intemperate, abusive, abrasive, or threatening language betrays this respect
to the court, disgraces the bar and invites the exercise of the court of its disciplinary power. A lawyer upholds the
court’s authority and dignity. A lawyer should not promote distrust in the administration of justice and he should
seek to preserve faith in the courts and help build and not destroy the high esteem and regard toward them.
Lawyers should stand in foremost in compliance with the courts’ directives or instructions. What if there is a person
who makes unjust criticisms against judges, what should you do? As an officer of the court, it is your responsibility
to defend the judges. You refrain from wild and groundless accusations and discourage other people to do so.

Prepared by: Jed Sta. Monica | 20

 Section 15. Improper claim of influence or familiarity. — A lawyer shall observe propriety in all dealings with
officers and personnel of any court, tribunal, or other government agency, whether personal or professional.
Familiarity with such officers and personnel that will give rise to an appearance of impropriety, influence, or favor
shall be avoided.
A lawyer shall not make claims of power, influence, or relationship with any officer of a court, tribunal, or other
government agency.

Section 16. Duty to report life-threatening situations. — A lawyer who has reasonable grounds to believe that a
life-threatening situation is likely to develop in relation to any proceeding in any court, tribunal, or other
government agency shall immediately report the same to the proper authorities.

Section 17. Non-solicitation and impermissible advertisement. — A lawyer shall not, directly or indirectly, solicit,
or appear to solicit, legal business.
A lawyer shall not, directly or indirectly, advertise legal services on any platform or media except with the use of
dignified, verifiable, and factual information, including biographical data, contact details, fields of practice, services
offered, and the like, so as to allow a potential client to make an informed choice. In no case shall the permissible
advertisement be self-laudatory.
A lawyer, law firm, or any of their representatives shall not pay or give any benefit or consideration to any media
practitioner, award-giving body, professional organization, or personality, in anticipation of, or in return for,
publicity or recognition, to attract legal representation, service, or retainership.

Ambulance chasing refers to the unethical practice where lawyers seek out accident victims to solicit
their business, often immediately after the incident. This term is derived from the stereotype of lawyers
who follow ambulances to the emergency room to find clients. It's also known as "barratry".

Barratry which means stirring up litigation or creating controversies. If there is no cause of action yet, a
lawyer creates a cause of action. While it is not illegal or unethical for attorneys to advertise through
approved media, the law does not allow attorneys to solicit clients in person or by telephone or pay
someone to do that for them.

Ambulance chasing is prohibited because:

o The stirring up of litigation is a burden on the courts and the public
o It supports perjury
o It defrauds innocent persons by judgments, upon manufactured causes of actions.
o It defrauds injured persons having proper causes of action but ignorant of their legal rights and
court procedure by means of contracts which retain exorbitant expenses and by settlement
made for quick returns of fees against the rights of the injured persons

Advertisement – you only make known of the firm. It is not prohibited. But it should not be self-laudatory.
There are acts that make advertising improper, when a lawyer employs methods that are incompatible
with the traditional dignity of a lawyer, and the maintenance of correct professional standards.

Expressly allowed to make known to others about your legal service –

o Production of an ordinary, simple, professional card
o Publication in reputable law list
o Publication of a simple announcement of the opening of a law firm or change in partnership
o When you seek appointment to a public office, you are allowed to advertise your name
o If you want to offer free legal service but you shall not advertise it like a business by offering
discounts or whatever

Impliedly allowed –
o Writing legal articles (informative). But it should focus on the general nature of legal subject,
and you should not accept employment from a publication and get paid from them regularly.
o Submission of articles for publication to a bar association journal (any unsolicited article on a
legal subject)

A lawyer should guard against improper advertising.

Prepared by: Jed Sta. Monica | 21

 Linsangan v. Atty. Tolentino | A.C. No. 6672 | September 4, 2009

This is a complaint for disbarment filed against Atty. Tolentino for solicitation of clients and
encroachment of professional services. Complainant alleged that respondent, with the help of
paralegal Fe Marie Labiano, convinced his clients to transfer legal representation. Respondent
promised them financial assistance and expeditious collection on their claims. To induce them to hire
his services, he persistently called them and sent them text messages.

Time and time again, lawyers are reminded that the practice of law is a profession and not a business;
lawyers should not advertise their talents as merchants advertise their wares.13 To allow a lawyer to
advertise his talent or skill is to commercialize the practice of law, degrade the profession in the
public’s estimation and impair its ability to efficiently render that high character of service to which
every member of the bar is called.

A lawyer’s best advertisement is a well-merited reputation for professional capacity and fidelity
to trust based on his character and conduct. For this reason, lawyers are only allowed to announce
their services by publication in reputable law lists or use of simple professional cards.

Professional calling cards may only contain the following details:

(a) lawyer’s name;
(b) name of the law firm with which he is connected;
(c) address;
(d) telephone number and
(e) special branch of law practiced

Tolentino’s calling card contained the phrase "with financial assistance." The phrase was clearly used
to entice clients (who already had representation) to change counsels with a promise of loans to
finance their legal actions. Money was dangled to lure clients away from their original lawyers, thereby
taking advantage of their financial distress and emotional vulnerability. This crass commercialism
degraded the integrity of the bar and deserved no place in the legal profession.

Section 18. Prohibition against self-promotion. — A lawyer shall not make public appearances and statements
in relation to a terminated case or legal matter for the purpose of self-promotion, self-aggrandizement, or to seek
public sympathy.

Q: Can a lawyer post the dispositive portion of the case where they won?
A: In practice, lawyers post the dispositive portion as manifestation of their pride. But such act is very dangerous
as it could violate the CPRA if the circumstance provides.

Prepared by: Jed Sta. Monica | 22

 Section 19. Sub-judice rule. — A lawyer shall not use any forum or medium to comment or publicize opinion
pertaining to a pending proceeding before any court, tribunal, or other government agency that may:
a) cause a pre-judgment, or
b) sway public perception so as to impede, obstruct, or influence the decision of such court, tribunal, or other
government agency, or which tends to tarnish the court’s or tribunal’s integrity, or
c) impute improper motives against any of its members, or
d) create a widespread perception of guilt or innocence before a final decision.

Sub-judice rule – Latin: under a judge

o Refers to a legal principle that restricts public comments and disclosures about ongoing judicial
proceedings.
o Rationale:
o courts, in the decision of issues of fact and law, should be immune from extraneous
influence;
o to avoid obstruction in the administration of justice;
o those facts should be decided upon evidence produced in court; and
o that the determination of such facts should be uninfluenced by bias, prejudice or
sympathies.

Cause a pre-judgement. – when the lawyer post information in public, comments or opinions render a
judgment already separate of the judgment of the court.

Sway public perception – if the lawyer has such a strong influence to the public, people might cause
rally or protest against the court.

Exception: if you are officials charged with the duty of prosecuting or defending actions in court. Like if
you are the private or public prosecutor or defense counsel, you can make a statement of fact, such as
the status of the case. But you don’t have to discuss the merits of the case for it is as if you arguing in the
wrong forum. You avoid statement of facts that will likely to create an adverse attitude in the public mind.
Do not influence the public. Save your arguments to the court.

For a newspaper publication that may tend to impede, obstruct or embarrass or influence the courts, this
would amount to criminal contempt.

Marantan v. Diokno | G.R. No. 205956 | February 12, 2014

Diokno organized and conducted a televised broadcasted press conference. During the press conference, they
maliciously made intemperate and unreasonable comments on the conduct of the Court, branding one Marantan
guilty of murder. Is this covered by the sub-judice rule?

The sub judice rule restricts comments and disclosures pertaining to the judicial proceedings in order to avoid
prejudging the issue, influencing the court, or obstructing the administration of justice. A violation of this rule may
render one liable for indirect contempt under Sec. 3(d), Rule 71 of the RoC,4 which reads:

Section 3. Indirect contempt to be punished after charge and hearing. – a person guilty of any of the
following acts may be punished for indirect contempt:

For a comment to be considered as contempt of court "it must really appear" that such does impede,
interfere with and embarrass the administration of justice.

The clear and present danger rule means that the evil consequence of the comment must be "extremely serious
and the degree of imminence extremely high" before an utterance can be punished. There must exist a clear and
present danger that the utterance will harm the administration of justice.

Freedom of public comment should, in borderline instances, weigh heavily against a possible tendency to
influence pending cases. The power to punish for contempt, being drastic and extraordinary in its nature, should
not be resorted to unless necessary in the interest of justice. In the present case, such necessity is wanting.

Note: Indirect contempt may also apply to people who may not be lawyer

Prepared by: Jed Sta. Monica | 23

 Re: Suspension of Atty. Rogelio Z. Bagabuyo, Former Senior State Prosecutor
A.C. No. 7006 | October 9, 2007

Bagabuyo lambasted RTC Judge Tan for ruling on a motion that sought a bail bond who stands charged with
murdering a policeman. Bagabuyo’s criticism of the trial court's Order was aired in radio station.

Accordingly, Bagabuyo violated Canon 11 for not resorting to the proper authorities only for redress of his
grievances against Judge Tan. Respondent also disrespect of the court and its officer when he stated that Judge
Tan was ignorant of the law, and that he was a liar.

The Court is not against lawyers raising grievances against erring judges but the rules clearly provide for the proper
venue and procedure for doing so, precisely because respect for the institution must always be maintained.

Violation: It amount to indirect contempt under Section 3(D) of Rule 71 of the Rules of Court, and the
nature of which is criminal. The nature of the proceeding is criminal but the title of the action against
the lawyer who violates the sub judice rule is “petition for indirect contempt”.

Kinds of Contempt

o Direct Contempt –
o committed in the presence of or so near the judge as to obstruct him in the
administration of justice.
o where a person is cited and can already be penalized
o Constructive or Indirect Contempt –
o consists of willful disobedience of the lawful process or order of the court. Outside the
court but may antagonize the court.
o the respondent is given a chance to explain his actions because of the gravity of the
offense.
o It is a criminal offense
▪ The penalty imposed can be imprisonment (ranging from 1 month to 6 months
depending on the assessment of the court) or fine.

The power to cite individuals for contempt is an inherent power of the courts. This power is used to
protect the dignity of the court, ensure the solemnity of proceedings, and uphold the administration of
justice.

Kind of litigation
o Concluded litigation –
o This refers to legal cases that have been fully resolved.
o E.g., if a court has issued a final verdict and no parties have filed an appeal within the
allowed time frame, the litigation is considered concluded.
o Attending litigation –
o This refers to legal cases that are currently in progress.
o E.g., if a lawsuit has been filed and the parties are still presenting evidence or arguments,
the litigation is considered attending.

Concluded case – final and executory

Prepared by: Jed Sta. Monica | 24

Q: What if the critic is either the lawyer, prosecutor or counsel of any of the parties of the case?
A: Yes, the critic may discuss about the status of the case, but he cannot discuss the merits of the case because
it’s only the court that can do it in its decision.

Q: Does it mean that a lawyer or individual can criticize a decision of the court that has become final and executory?
A: Yes. In decisions that has become final and executory, since the ruling has become a public property and
everyone can view it, any person can make a criticism of the decision but not of the judge. This is to guarantee of
free speech, free press, and as the duty of a lawyer to expose the shortcomings and the indiscretions of courts and
judges. The criticism or comment must be fair and not slanderous, and elevated in the proper forum. If the
statements transcend the limits, then that may already be considered as slanderous and contemptuous pursuant
to the sub judice rule. If he wants to criticize the judge, he should do in a constructive and respectful manner.

Just like during the time when Justice Sereno was being attacked, her stance is that she doesn’t have to explain
herself to the public, and all they have to do is read their decision for they speak through their decisions. All these
measures are in place in order to preserve the independence and dignity of the judiciary.

Nestle Philippines vs Sanchez | G.R. No. 75209 | September 30, 1987

Labor Union petitioners intensified the intermittent pickets they had been conducting in front of the Padre Faura
gate of the Supreme Court building. They set up pickets' quarters on the pavement in front of the Supreme Court
building, at times obstructing access to and egress from the Court's premises and offices of justices, officials and
employees. They constructed provisional shelters along the sidewalks, set up a kitchen and littered the place with
food containers and trash in utter disregard of proper hygiene and sanitation. They waved their red streamers and
placards with slogans, and took turns haranguing the court all day long with the use of loud speakers.

The Court held that the right of petition is conceded to be an inherent right of the citizen under all free
governments. However, such right, natural and inherent though it may be, has never been invoked to shatter
the standards of propriety entertained for the conduct of courts. For "it is a traditional conviction of civilized
society everywhere that courts and juries, in the decision of issues of fact and law
o should be immune from every extraneous influence;
o that facts should be decided upon evidence produced in court; and
o that the determination of such facts should be uninfluenced by bias, prejudice or sympathies."

Moreover, "parties have a constitutional right to have their causes tried fairly in court by an impartial tribunal,
uninfluenced by publication or public clamor. Every citizen has a profound personal interest in the enforcement
of the fundamental right to have justice administered by the courts, under the protection and forms of law free
from outside coercion or interference." The aforequoted acts of the respondents are therefore not only an affront
to the dignity of this Court, but equality a violation of the above-stated right of the adverse parties and the citizenry
at large.

RE: Post of Atty. Erwin Erfe on social media Accusing the Court of Judicial Tyranny
A.M. No. 23-07-26-SC | February 27, 2024

Atty. Erfe posted on his Facebook account the following statement: "The Supreme Court's threat to cite in
contempt the PAO Chief for defending the PAO cannot be called any other name other than judicial tyranny"

Atty. Erfe is guilty of indirect contempt. The Court holds that Atty. Erfe's Facebook post amounts to "improper
conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice," punishable
as indirect contempt under Section 3(d), Rule 71 of the Rules of Court.

For the same reason, Atty. Erfe likewise violated the sub judice rule, as defined under Section 19, Canon II of the
CPRA. When the Resolution of the Court was announced through a press release, Atty. Erfe immediately made the
Facebook post. Even assuming that he was simply sharing his opinion, there was no doubt that the intention was
to sway the perception of the public so as to influence the decision of the Court.

Time and again, the Court, when confronted with actions and statements that tend to promote distrust and
undermine public confidence in the Judiciary, has not hesitated to wield its inherent power to cite persons in
contempt. In so doing, the Court preserves the Judiciary's honor and dignity and the trust and confidence of the
public which is critical for the stability of democratic government.

This is one case where the Supreme Court applied the CPRA provisions retroactively.

Prepared by: Jed Sta. Monica | 25

 Section 20. Disclosure of relationship or connection. — A lawyer shall, at the first available opportunity, formally
disclose on record the lawyer’s relationship or connection with the presiding officer of any court, tribunal, or other
government agency, or any of its personnel, or the lawyer’s partners, associates, or clients, that may serve as a
ground for mandatory inhibition in any pending proceeding before such court, tribunal, or other government
agency.

Before it was only the judge who was required to disclose his or her relationship with the litigants and
the lawyers. Now, even the lawyers themselves are required to disclose to make a formal disclosure.

“First available opportunity” – at the filing of an initiatory pleading or appearance in court for the first
time

Formal disclosure is in writing. It may also be a formal manifestation when he appears in court.

Q: Can a lawyer represent a client who are relative by blood or by affinity or if they had any partnership of sorts in
the past?
A: E.g., The Judge was then partner in a law firm where the lawyer belongs. The judge therefore should make a
formal disclosure and inform the opposing parties of such relationship.
o this could serve as a mandatory inhibition

Disqualification and Inhibition are 2 different things.

o Disqualification – specifically provided for by the rules.
o Inhibition – submitted to the sound discretion of the court.

If there is any connection that the lawyer or the presiding judge had in the past, then it will be up to the
judge to determine whether he should inhibit or not. The only obligation of the lawyer here is to make a
formal disclosure.

Q: Between the lawyer and the judge, If there's any relationship at all, who should be disqualified? Would it be the
lawyer or the judge?
A: The judge inhibits. It's not the lawyer who will cause the transfer of the case to another court.

E.g., When the attorney makes a formal disclosure: “I'm informing the parties that you were once my law partner.
I leave it to the opposing party to move for the inhibition of the honorable presiding judge.” If the opposing party
would say, “We leave it to the sound discretion of the court, your honor, we will not move for its inhibition.” and so
the judge will determine whether he should inhibit or not.
o The court will issue an order.

If the lawyer does not make a formal disclosure, it would be a violation of section 20 because inhibition is
mandatory for a lawyer to make such a disclosure. That is why the word used in the section is “shall.” In
every provision of the law, when the word shall is used, there is a mandatory nature of that particular
provision. The negligence of the lawyer, intentional omission, or his failure to make such a disclosure can
be a ground for a disciplinary action.

Section 21. Prohibition against gift-giving and donations. — A lawyer shall not directly or indirectly give gifts,
donations, contributions of any value or sort, on any occasion, to any court, tribunal or government agency, or any
of its officers and personnel.

Section 21 refers to the lawyer

o Instance of gift-giving has no qualification, and so, there's no exception.
o Lawyer should not give anything of any value or sort on any occasion to any court tribunal or
government agency. E.g., gift-giving is not justified on the ground that it is the judge’s birthday.
o Even the indirect giving of gifts, donations, contributions is not allowed.
o This prohibition applies to lawyers, but it doesn't mean that it does not also apply to judges like
in the same way that judges cannot demand or ask for something from lawyers.

Note: the value of the gift and the nature of the occasion is irrelevant.

Prepared by: Jed Sta. Monica | 26

 Section 22. No undue advantage of ignorance of the law. — A lawyer shall not take advantage of a non-lawyer’s
lack of education or knowledge of the law.

Lawyers are there to assist layman in the administration of justice. Hence, they should not abuse their
undue advantage over their clients, who are ignorant or uneducated or illiterate. I.e., The lawyer would
raise as a defense the fact that the client did not know the existing law or ordinance because of a legal
principle that ignorance of the law excuses no one. The lawyer cannot invoke ignorance as a defense.

Section 23. Instituting multiple cases; forum shopping. — A lawyer shall not knowingly engage or through gross
negligence in forum shopping, which offends against the administration of justice, and is a falsehood foisted upon
the court, tribunal, or other government agency.

A lawyer shall not institute or advise the client to institute multiple cases to gain leverage in a case, to harass a
party, to delay the proceedings, or to increase the cost of litigation.

Q: An information is filed in the RTC bearing the same parties and same facts but with different reliefs. In one case,
they're asking for the ejectment of his property. The other case is praying for the recovery of his ownership over
the property. Is there forum shopping?
A: None. Even if the case are the same parties and same facts, If they ask for different reliefs, there's no forum
shopping. Because courts have different cases of different subject matters are governed by courts with appropriate
jurisdiction thereon. In the case above, ejectment or unlawful detainer is within the jurisdiction of the first Level
Courts. while ownership depends on the value of the real property involved.

Forum shopping – You shop for a more friendly court

This is an improper practice of going from one court to another in the hope of securing a
favorable relief. I.e., as a result of an adverse opinion in one forum, a party seeks a favorable opinion in
another. E.g., you believe that you are losing in one court already, but there's no ground for you to move
for the inhibition of the judge. So, you filed another case involving the same parties, the same subject
matter arising from the same facts, asking for the same relief only that you went to another court. this is
what you call misuse of legal processes.

This is a concept in international law where non-resident litigants are given the option to choose
the forum or place where to bring their suits. It is called principle of forum non-convenience, where they
can file a case to the court where it is more convenient for them.

But here in the Philippines, forum shopping can be a choice of venues or a choice of remedies.
o As to the choice of venue, a civil action may be instituted whether in the place of the plaintiff or
in the place of the defendant.
o As to the choice of remedy, it depends. For example, in criminal case. You can pursue a criminal
action, or you can pursue the damages aspect only, or you can pursue both.

Rationale: What is being prohibited under the rule on forum shopping is the abuse of processes. For
example, there is a criminal case filed in in the 1st Level Court for reckless imprudence, resulting in
homicide. When there is a criminal case, a civil action is deemed instituted. And so, you don't have to file
a separate civil case for damages anymore, because there's already a criminal case unless you manifest
before the court in the criminal case that you are filing a separate civil case. If you don't make that
manifestation, there would be forum shopping. Why? Because in filing a criminal case with civil action,
and another civil case for the same crime will double compensate you at the expense of another.

Why do the rules prohibit forum shopping?

o To avoid confusion
o To minimize the cost of the suit.
o To prevent embarrassment among the courts.

Prepared by: Jed Sta. Monica | 27

That is why it is mandatory for lawyers to execute a certification against forum shopping as provided in
section 5, rule 7 of the Rules of Court.

Section 5. Certification against forum shopping. — The plaintiff or principal party shall certify under oath in
the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed
thereto and simultaneously filed therewith:
a) that he has not theretofore commenced any action or filed any claim involving the same issues
in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other
action or claim is pending therein;
b) if there is such other pending action or claim, a complete statement of the present status
thereof; and
c) if he should thereafter learn that the same or similar action or claim has been filed or is pending,
he shall report that fact within five (5) days therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed.

Consequences of acts pertaining to certification

o When you fail to issue a certification on forum shopping or non-forum shopping, that will be a
cause for the dismissal of your complaint, but without prejudice. You can still file a complaint
after you correct that error. When you file again, you pay the filing fees again. The higher the relief
prayed for, the higher the filing fees.
o If you file a certification but it is false, that would result to contempt of court with criminal or
administrative case, because of the fraudulent act. E.g., Estafa, a violation of oath, CPR and duties.
o If there is willful or deliberate forum shopping, the court will dismiss your case with prejudice
which means that you cannot file it anymore. There is direct contempt and criminal and
administrative charge.

Q: Can a lawyer be faulted in case of forum shopping?

A: Not all lawyers would know that there are other cases that have been filed involving the same subject matter,
especially if the clients are not really open to it. The lawyer cannot be faulted if later on, it would turn out that
there had been several cases filed that are similar to the case that he is now filing. So, what the rules require is that
if he later on discovers that there are related cases, that were indeed filed without him knowing it, then he has to
inform the court within 5 days from discovery.

Lawyers themselves should not engage in forum shopping, and they should know when there is forum
shopping.

“Knowingly or gross negligence”

o A simple mistake is not actually violative of section 23.
o What is required is when the mistake is done knowingly or under gross negligence.

Gross negligence is when the lawyer fails to determine, with diligence, that there have been several
cases filed that are related to the instant case that he is filing. He should exert diligent efforts to determine
whether there are cases or related cases that might violate the rule on forum shopping.

Q: In forum shopping, is it necessary that the composition of the parties are similar?
A: No. The fact that the parties in the first and second cases are not identical will not prevent the application of the
principle of res judicata. Mere substantial identity of parties, or a community of interests between a party in the
first case and a party in the subsequent case, even if the latter was not impleaded in the first case, is sufficient.
Moreover, a party cannot, by varying the form of action or adopting a different method of presenting his case,
escape the operation of the principle that one and the same cause of action shall not be twice litigated between
the same parties or their privies.

Prepared by: Jed Sta. Monica | 28

 Boracay Island Water Co. vs Malay Resorts Holdings Inc. | GR No. 235641 | January 17, 2023

MRHI filed a case questioning the declaration of nullity of their program. That such program increases the rate of
water supply in Boracay. BIW assert that MRHI cannot file this in the RTC anymore. They claim that MRHI are
engaged in forum shopping because earlier, they had filed a case before National Water Resources Board (NWRB).
Is there a forum shopping?

There's no forum shopping because there are two causes of action which is relief set in the different forum. NWRB
has no jurisdiction over the subject matter being contended by the party.

Since the NWRB could not determine whether it has jurisdiction over the case, they referred it to the DOJ. the
regulatory power over severance, utility, and service was not expressly granted by law or executive order to NWRB.
As such the latter cannot regulate said businesses for want of legal basis. according to the DOJ, the NWRB cannot
take cognizance of this particular issue, because it's not so provided by the law under its charter and so, the NWRB
dismissed that particular case. The Supreme Court said that there's no forum shopping here.

The test in determining forum shopping: the existence of Litis pendencia or res judicata.

Litis pendencia (pending litigation). It refers to a situation where another action is pending between the same
parties for the same cause of action such that the second action becomes unnecessary and vexatious.

Requisites
1. Identity of parties, or at least such parties as represent the same interests in both actions
2. Identity of rights asserted and relief prayed for, the relief being founded on the same facts
3. The identity of the two preceding particulars is such that any judgment rendered in the other action
will, regardless of which party is successful, amount to res judicata in the action under consideration.

Res Judicata (bar by prior judgment). – It refers to the rule that a final judgment or decree on the merits of court’s
competent jurisdiction is conclusive of the rights of the parties or their privies in all later suit, on all points and all
matters demanded or determined in the former suit. Without this rule, there would be no end to litigation.

Requisites
1. There must be a former judgment that has become final
2. The court that rendered its judgment had jurisdiction over the subject matter and the parties.
3. The judgment is on the merits. The case that is tried on the merits should proceed to trial.

Lim v. Atty. Montano | A.C. No. 5653 | February 27, 2006

In this case, it is clear that respondent is guilty of forum shopping. By his own admission, he was aware that a Civil
Case was already final and executory when he filed the second civil case. His allegation that he "was not the original
counsel of his clients" and that "when he filed the subsequent case for nullity of TCT, his motive was to protect the
rights of his clients whom he believed were not properly addressed in the prior case for reformation and quieting
of title," deserves scant consideration.

The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of
action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. It exists when, as
a result of an adverse opinion in one forum, a party seeks a favorable opinion in another, or when he institutes two
or more actions or proceedings grounded on the same cause to increase the chances of obtaining a favorable
decision. An important factor in determining its existence is the vexation caused to the courts and the parties-
litigants by the filing of similar cases to claim substantially the same reliefs.

A lawyer owes fidelity to the cause of his client but not at the expense of truth and the administration of justice.
The filing of multiple petitions constitutes abuse of the Court’s processes and improper conduct that tends to
impede, obstruct and degrade the administration of justice and will be punished as contempt of court.

the Supreme Court said that the lawyer, as a responsible member of the bar, should have explained the effect of
the final and executory decision on his clients, because there was already a final and executive executory decision.
And yet, despite that, he filed another case. So he misused the court procedures. He even encouraged his clients
to file another case despite the fact that this case had been resolve already for several times.

Prepared by: Jed Sta. Monica | 29

 Que v. Atty. Revilla | A.C. No.7054 | November 11, 2014

The respondent seeking for his license to practice law be restored based on humanitarian considerations, filed a
(1) Petition for Judicial Clemency and Compassion; (2) an Appeal for Grace, Succor, and Mercy; (3) a Resolution; (4)
a letter reiterating his pleas for the Court’s compassion and mercy; (5) a letter addressed to the Members of the
Court En; (6) the respondent once more prayed for his reinstatement; and (7) a letter pleading the Court to revisit
his previous requests for reinstatement. He filed the letter every time the court dismissed his plea.

Court disbarred the respondent from the practice of law on the ground that, among others, he filed multiple
actions and forum-shopping.

Section 24. Encroaching or interfering in another lawyer’s engagement; exception. — A lawyer shall not,
directly or indirectly, encroach upon or interfere in the professional engagement of another lawyer.

This includes a lawyer’s attempt to communicate, negotiate, or deal with the person represented by another lawyer
on any matter, whether pending or not in any court, tribunal, body, or agency, unless when initiated by the client
or with the knowledge of the latter’s lawyer.

A lawyer, however, may give proper advice and assistance to anyone seeking relief against perceived unfaithful or
neglectful counsel based on the Code.

This includes a lawyer's attempt to communicate, negotiate, or deal with the person represented by
another lawyer on any matter whether pending trial or not. If this client is already being advised by
another counsel, don’t interfere.

Exception – The only instance where a lawyer can intervene, when he has reasonable ground to believe
that the other counsel is unfaithful or neglectful of his duty to the prejudice of his client.

Note: Before intervening, the lawyer must advice the client to ask the permission of his counsel to
withdraw from his service. If the lawyer doesn’t want to cooperate, then the client can request an order
from the court to relieve the counsel’s duty.

Clients have the discretion to retain or to severe his relationship with his lawyer. the lawyer cannot object
not even on the ground that he had not yet been paid his dues or his fees. The client has every right to
terminate his relations with his lawyer with or without a valid cause. But the lawyer, of course, if he's
entitled to it, has the right to demand for the payment of his fees but that is not a ground for him to stop
the client from severing the relations or to stop him from the securing the services of another lawyer.
especially if that lawyer has been neglectful or unfaithful.

Dallong-Galicinao v. Atty. Castro | A.C. No. 6396 | October 25, 2005

Atty. Castro was making a query about a case that he doesn’t handle. The clerk of court appeared to be reluctant
in providing the necessary information because the Clerk knew that he is not the Counsel on Record. Through his
acts of constantly checking the transmittal of the records of a civil case to which he is not the counsel, respondent
deliberately encroached upon the legal functions of the counsel of record of that case. It does not matter whether
he did so in good faith.

Moreover, in the course of his questionable activities relating to Civil Case No. 784, respondent acted rudely
towards an officer of the court. He raised his voice at the clerk of court and uttered at her the most vulgar of
invectives. Not only was it ill-mannered but also unbecoming considering that he did all these to a woman and in
front of her subordinates.

The highest reward that can be bestowed on lawyers is the esteem of their brethren. This esteem cannot be
purchased, perfunctorily created, or gained by artifice or contrivance. It is born of sharp contexts and thrives
despite conflicting interest. It emanates solely from integrity, character, brains and skills in the honorable
performance of professional duty.

Prepared by: Jed Sta. Monica | 30

 Section 25. Responsibility of a solo practitioner. — A lawyer in solo practice shall ensure that all matters requiring
such lawyer’s professional skill and judgment are promptly and competently addressed.

Responsibility of a solo practitioner

o In case of inefficiency, the lawyer cannot use as defense the number of people in his service. The
lawyer is free to have a law partner.
o Should the lawyer decide to engage in solo practice, the lawyer must make sure the he would be
able to manage his time very well and devote his time to every case he agreed to defend.
o Avoid accepting so many cases out of confidence then they can no longer attend to each and
every case.

Section 26. Definition of a law firm; choice of firm name. — A law firm is any private office, partnership, or
association, exclusively comprised of a lawyer or lawyers engaged to practice law, and who hold themselves out as
such to the public.

In the choice of a firm name, no false, misleading, or assumed name shall be used. The continued use of the name
of a deceased, incapacitated, or retired partner is permissible provided that the firm indicates in all its
communications that said partner is deceased, incapacitated, or retired.

What is a law firm? A private office, partnership or association, exclusively comprised of lawyers engaged
to practice and who hold themselves out as such to the public.

Q: Can a law firm be composed of one lawyer only?

A: A solo practitioner can have a law firm. But law firms are generally known to employ two or more lawyers.

Rule on Law Firm Name

o No false, misleading or assumed name
o Should express or convey, what the firm is all about.
o The continued use of the name of a deceased, incapacitated, or retired partner is permissible,
provided that the firm indicates, in all its communications that said partner is deceased,
incapacitated, or retired.

Note: There's no restriction on the choice of a name, provided that it is presented to the public as a law
firm. and as a standard practice here in the Philippines, law firms choose the names of the prominent
partners for the name of the law office.

How do you indicate that a law partner is deceased already?

o By putting the word ‘deceased’ in close and open parenthesis beside the name.
o By putting a cross beside the name

Section 27. Partner who assumes public office. — When a partner assumes public office, such partner shall
withdraw from the firm and such partner’s name shall be removed from the firm name, unless allowed by law to
practice concurrently.

Q: Who are the lawyers being referred to in Section 27?

A: They are the lawyers who are absolutely prohibited from engaging in the practice of law. Note, we do not apply
this to those who are allowed or who have authority to practice law. Assumption of office disqualifies them from
the firm or practice of law to avoid influence of the public officer.

E.g., the When the partner is elected as the President of the Philippines, he has no other resort but to remove his
name from the Law Firm name. But when he is elected as the vice-mayor of a municipality, then no action may be
done.

Prepared by: Jed Sta. Monica | 31

 Section 28. Dignified government service. — Lawyers in government service shall observe the standard of
conduct under the CPRA, the Code of Conduct and Ethical Standards for Public Officials and Employees, and other
related laws and issuances in the performance of their duties.

Any violation of the CPRA by lawyers in government service shall be subject to disciplinary action, separate and
distinct from liability under pertinent laws or rules.

When a lawyer violates the law, he is not only disciplined under that law but also to the applicable
provisions of some other relevant laws.

I.e., Even if the lawyer is a government employee, the lawyer cannot say that “I'm not governed by the
CPRA nor can the Supreme Court discipline me, because I'm under the Civil Service laws.” That's not
correct. He is still a lawyer. Whether working government or not, he is still regulated by the Supreme
Court.

Actor Case Administrative Criminal Civil

Lawyer-Mayor Corruption LGC; CPRA RPC
Lawyer-Teacher Rape DepEd; CPRA RPC RPC
Lawyer-Gov’t Clerk Malversation CSC; CPRA RPC RPC
Lawyer-Businessman Abuse of employee DOLE; CPRA RPC

The CPRA applies to all Government lawyers. A lawyer does not shed his professional obligations upon
assumption to public office. Because being in public service is an added duty to abide by the policy of
the State to promote a high standard of ethics in public service. And it is incumbent upon the lawyers to
perform and discharge their discharge their duties with the highest degree of professionalism,
intelligence, and skill. and to extend prom courteous and adequate service to the public.

Section 29. Lawyers formerly in government service. — A lawyer who has left government service shall not
engage in private practice pertaining to any matter before the office where he or she used to be connected within
a period of one (1) year from his or her separation from such office. Justices, judges, clerks of court, city, provincial,
and regional prosecutors shall not appear before any court within the territorial jurisdiction where they previously
served within the same period.

After leaving government service, a lawyer shall not accept an engagement which could improperly influence the
outcome of the proceedings which the lawyer handled or intervened in, or over which the lawyer previously
exercised authority, while in said service.

Q: You've been a government-lawyer for so many years employed as legal officer of the DTI. Then you resigned.
Can you engage in practice of law immediately after resignation?
A: You can practice, but that's not absolute. You cannot appear for or against DTI within one year from separation.
Note: regardless of the nature of the case, if you're appearing before the DTI, whether you handle that matter or
not in the past, it does not matter, because what is prohibited is the appearance before the office, where you used
to be connected.

Q: Why are you not supposed to appear before the DTI within one year?
A: To avoid any undue influence, conflict of interest or inter interference in the work of the people there. But you
can appear in any other offices except in that office.

Q: In the second paragraph, can you still apply the one-year prohibition?
A: No, because You were the one who held that case before, of course, you would have a confidential information
about that case that would jeopardize the government.

Territorial jurisdiction
o If that was their territorial jurisdiction before their resignation or retirement, then they cannot
appear in that jurisdiction. they cannot appear within one year.

Second paragraph of section 21 applies to all lawyers, whether judges, private practitioners, prosecutors,
or clerks of courts. If their appearance in that office could influence the outcome of the proceedings in
which they had intervened.

Prepared by: Jed Sta. Monica | 32

 PCGG v. Sandiganbayan | G.R. Nos. 151809-12 | April 4, 2005

Former Sol. Gen. Mendoza filed a petition with the CFI praying for the assistance and supervision of the court in
the GenBank’s liquidation. Mendoza gave advice on the procedure to liquidate the GenBank. Subsequently,
President Aquino established the PCGG to recover the alleged ill-gotten wealth of former President Marcos, his
family and cronies. The PCGG filed with the Sandiganbayan a complaint for reversion, reconveyance, restitution,
accounting and damages against Tan, et al. and issued several writs of sequestration on properties they allegedly
acquired. Tan, et al. were represented by former Sol. Gen. Mendoza, who has then resumed his private practice of
law. The PCGG filed motions to disqualify Mendoza as counsel for Tan, et al., alleging that then Sol. Gen. and
counsel to Central Bank, “actively intervened” in the liquidation of GenBank, which was subsequently acquired by
Tan, et al.

Whether or not Atty. Mendoza is disqualified to appear as counsel for Tan, et. al. under Rule 6.03

No. The Supreme Court denied the PCGG’s petition. Rule 6.03 of the Code of Professional Responsibility retained
the general structure of paragraph 2, Canon 36 of the Canons of Professional Ethics but replaced the expansive
phrase “Investigated and passed upon” with the word “intervened.” It is, therefore, properly applicable to both
“adverse-interest conflicts” and “congruent-interest conflicts.” The case at bar does not involve the “adverse
interest” aspect of Rule 6.03. Respondent Mendoza, it is conceded, has no adverse interest problem when he acted
as Solicitor General and later as counsel of respondents Tan, et. al. before the Sandiganbayan.

Nonetheless, there remains the issue of whether there exists a “congruent-interest conflict” sufficient to disqualify
respondent Mendoza from representing respondents Tan, et. al. It held that the advice given by Mendoza on the
procedure for liquidating GENBANK did not constitute a “matter” contemplated by Rule 6.03 since it involved
merely advising on statutory procedures rather than intervening in a specific transaction or case. The
subsequent representation of respondents by Mendoza was unrelated to the liquidation “matter” and did not
violate the rule.

The intervention should become substantial. It's not merely in office. In the above case, when Attorney Mendoza
gave his opinion on a certain issue, that's just an innocuous intervention. But when he handled the matter from
start to finish, then there is a substantial intervention.

Q: If you’re a judge, and you tried a case. Thereafter, you rendered the decision. When you resigned as judge while
the case is on appeal, you decided to practice as a private lawyer. Can you handle that case?
A: No, because you had a substantial intervention in that particular case.

Related Provisions

Anti-graft and Corrupt Practices act | Section 3, Paragraph B of R.A. 3019

It prohibits public officials from acting or heavy member of his family, except or accept employment in a
private enterprise which he has pending, which has spending official business with him during
dependence, either off or within one year after its termination.

Code Of Conduct and Ethical Standards for Public Officials and Employees | Section 7 of R.A. 6713

It prohibits any former official or employee for a period of one year after retirement or separation from
office to practice his profession in connection with any matter before the office he used to be with

Section 30. No financial interest in transactions; no gifts. — A lawyer in government shall not, directly or
indirectly, promote or advance his or her private or financial interest or that of another, in any transaction requiring
the approval of his or her office. Neither shall such lawyer solicit gifts or receive anything of value in relation to such
interest.

Such lawyer in government shall not give anything of value to, or otherwise unduly favor, any person transacting
with his or her office, with the expectation of any benefit in return.

Financial interests. A lawyer in government shall not directly or indirectly promote or advance his or her
private or financial interest, or that of another in any transaction requiring the approval of his or her office.
Neither shall such lawyers solicit gifts or receive anything of value in relation to such interest.

Prepared by: Jed Sta. Monica | 33

For example, you are employed by the LTFRB. It's the office that issues certificates of public convenience
or franchises. At the same time, you intend to operate a bus line company. You know that it is your office
that gives out a certificate of public convenience or franchise. A lawyer cannot directly or indirectly
promote or advance his private or financial interest directly or indirectly, through you or your children or
your spouse.

Gift – it refers to anything of value when you say of value, of substantial value. For example, you’re in LTO,
you issue licenses to drivers. You engage in an illegal practice undue processing of license in exchange
of money. So, every license that you issue, you demand for 5,000 pesos. that is substantial already. A
blatantly graft and corruption.

Section 31. Prosecution of criminal cases. — The primary duty of a public prosecutor is not to convict but to see
that justice is done.

Suppressing facts, concealing of, tampering with or destroying evidence, coaching a witness, or offering false
testimony is cause for disciplinary action.

The obligations of a public prosecutor shall also be imposed upon lawyers in private practice who are authorized
to prosecute under the direct supervision and control of the public prosecutor.

First paragraph

Prosecutor (Government Lawyer). – is a quasi-judicial officer who represents, not an ordinary party to a
controversy, but sovereignty. This sovereignty has its obligation to govern impartiality. Therefore, the
interest in a criminal prosecution is not that it shall win a case or convict someone, but that justice shall
be done.

Prosecute - institute a criminal or civil action to people who violated the law. If he believes that there is
no ground to pursue the prosecution (no probable cause), he may move for the dismissal of the case.

Two-fold Aim
o See to it that guilty should not escape
o See to it that innocent shall not suffer

There are two kinds of Offended party in a case

o The state. – violation of the law of the land
o A private party. – violation of the rights, liberty, or property

second paragraph
Prosecutor must pursue the case in an objective manner.
o Why should he tamper evidence unless he has a personal vendetta?

Restrictions on the functions of public prosecutor

o He should not allow his office to be used for political ends
o He should prosecute with earnestness and vigor and he may strike hard lost but not at liberty to
strike foul once
o Like a defense counsel, he is presumed to be a man learned in the law, of high moral character,
and has performed his duty impartially and with but one object in view that justice be meted out
to all violators of law and that no innocent may be punished.

second paragraph

Private Prosecutor. – A lawyer from the private sector who is authorized to assist in the prosecution of a
case. This role is typically under the direct supervision and control of a public prosecutor. Private
prosecutors are often involved when the public prosecutor has a heavy workload or when there is a
shortage of public prosecutors.

Prepared by: Jed Sta. Monica | 34

 Section 6, Rule 110 of the Rules of Court. – When the private prosecutor handles the case, he is under the direct
supervision and control of the public prosecutor. He may enter his appearance on behalf of the private offended
party but he is subject to control and supervision, he may also be intervened bythe public prosecutor

Requisite for a valid representation of a private prosecutor

1. Can only appear in case where there is a private offended party.
2. There is a civil action for the recovery of civil liability arising from the offense.
o In general sense, the private prosecutor can only appear in a civil case.
3. Under the direct supervision and control of the public prosecutor.
o Before they can appear, they should seek the permission of the public prosecutor.

Instances where the private prosecutor cannot appear

o When, from the nature of the crime and the law defining and punishing it, no civil liability arises.
o In cases where, from the nature of the offense, the offended party is entitled to civil indemnity but
he has waived the same.
o E.g., in a case of damage to property, the offended party waive the civil aspect of the case.
The public prosecutor can only represent the client.
o If the private offended party has expressly reserved his right to institute a legal action
o If the private complainant has already instituted a separate action.

Note: When a criminal action is instituted, the civil action for the recovery of civil liability arising from the
offense charged shall be deemed instituted with the criminal action unless the offended party waives
the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal
action.

Q: Can a private prosecutor appear in a violation against an ordinance?

A: No. because there is no private offended party. In a traffic violation for example, the offended party is the state.
private prosecutor cannot appear if there is no private offended party.

But in the case of murder, there is a private offended party (the relative of the deceased). In this respect, the private
prosecutor may represent the offended party in the civil aspect.

Solicitor-General
o Are lawyers who represent the people in criminal action
o The present them before the court of appeals or the Supreme Court.

Function of the Solicitor-General

o Can represent the state in any litigation or any matters requiring the services of a lawyer.
o The office of Solicitor-General is the law office of the government.
o He is also the one who represent the state in an international court

Ombudsman. – Investigate and prosecute on its own or on complaint by any person, any act or omission
of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust,
improper or inefficient.

Note: The matter that is being investigated by the Ombudsman may be the subject of criminal or
administrative proceeding or both. The role of the ombudsman is similar to the role of the public
prosecutor, the difference is that, the authority of the ombudsman to conduct investigation is only limited
to government officials and employees, while a public prosecutor may conduct an investigation on all
people accused of a crime.

Prepared by: Jed Sta. Monica | 35

 Person Function Representation Jurisdiction
Offended party of a criminal or
civil action
City Prosecutor Prosecute Municipal Trial Court in Cities
1. the state
2. private offended party
Offended party of a criminal or
civil action Municipal Trial Court;
Public Prosecutor Prosecute
3. the state Regional Trial Court
4. private offended party
Private offended party in a civil
Private Prosecutor prosecute Regional Trial Court
action
Court of Appeals; Supreme
Solicitor-General Lawyer Government or the People
Court; International Court
Sandiganbayan or regular
Government officers and
Ombudsman Investigate courts depending on the
employees
salary grade
ALL GOVERNBED BY THE CPRA

Section 32. Lawyers in the academe. — A lawyer serving as a dean, administrative officer, or faculty member of
an educational institution shall at all times adhere to the standards of behavior required of members of the legal
profession under the CPRA, observing propriety, respectability, and decorum inside and outside the classroom,
and in all media.

Section 33. Conflict of interest for lawyers in the academe. — A lawyer serving as a dean, administrative officer,
or faculty member of an educational institution shall disclose to the institution any adverse interest of a client.

Upon discovery of any adverse interest of the lawyer’s client which directly affects any student who is under his or
her direct supervision and guidance, the lawyer shall likewise disclose the same to the institution.

Section 34. Paralegal services; lawyer’s responsibility. — A paralegal is one who performs tasks that require
familiarity with legal concepts, employed or retained by a lawyer, law office, corporation, governmental agency, or
other entity for non-diagnostic and non-advisory work in relation to legal matters delegated by such lawyer, law
office, corporation, governmental agency, or other entity.

A lawyer must direct or supervise a paralegal in the performance of the latter’s delegated duties.

The lawyer’s duty of confidentiality shall also extend to the services rendered by the paralegal, who is equally bound
to keep the privilege.

Section 35. Non-delegable legal tasks. — A lawyer shall not delegate to or permit a non-lawyer, including a
paralegal, to:
a) accept cases on behalf of the lawyer;
b) give legal advice or opinion;
c) act independently without the lawyer’s supervision or direction;
d) to hold himself or herself out as a lawyer, or be named in association with a lawyer in any pleading or
submission to any court, tribunal, or other government agency;
e) appear in any court, tribunal, or other government agency, or actively participate in formal legal
proceedings on behalf of a client, except when allowed by the law or rules;
f) conduct negotiations with third parties unless allowed in administrative agencies, without a lawyer’s
supervision or direction;
g) sign correspondence containing a legal opinion;
h) perform any of the duties that only lawyers may undertake.

These provisions shall not apply to law student practitioners under Rule 138-A of the Rules of Court.

Prepared by: Jed Sta. Monica | 36

 RESPONSIBLE USE OF SOCIAL MEDIA

A lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that enhances
the people’s confidence in the legal system, as well as promote its responsible use.

Section 36. Responsible use. — A lawyer shall have the duty to understand the benefits, risks, and ethical
implications associated with the use of social media.

Section 37. Online posts. — A lawyer shall ensure that his or her online posts, whether made in a public or
restricted privacy setting that still holds an audience, uphold the dignity of the legal profession and shield it from
disrepute, as well as maintain respect for the law.

Section 38. Non-posting of false or unverified statements, disinformation. — A lawyer shall not knowingly or
maliciously post, share, upload or otherwise disseminate false or unverified statements, claims, or commit any
other act of disinformation.

Section 39. Prohibition against fraudulent accounts. — A lawyer shall not create, maintain or operate accounts
in social media to hide his or her identity for the purpose of circumventing the law or the provisions of the CPRA.

Section 40. Non-disclosure of privileged information through online posts. — A lawyer shall not reveal, directly
or indirectly, in his or her online posts confidential information obtained from a client or in the course of, or
emanating from, the representation, except when allowed by law or the CPRA.

Section 41. Duty to safeguard client confidences in social media. — A lawyer, who uses a social media account
to communicate with any other person in relation to client confidences and information, shall exert efforts to
prevent the inadvertent or unauthorized disclosure or use of, or unauthorized access to, such an account.

Section 42. Prohibition against influence through social media. — A lawyer shall not communicate, whether
directly or indirectly, with an officer of any court, tribunal, or other government agency through social media to
influence the latter’s performance of official duties.

Section 43. Legal information; legal advice. — Pursuant to a lawyer’s duty to society and the legal profession, a
lawyer may provide general legal information, including in answer to questions asked, at any fora, through
traditional or electronic means, in all forms or types of mass or social media.

A lawyer who gives legal advice on a specific set of facts as disclosed by a potential client in such fora or media
dispenses Limited Legal Service and shall be bound by all the duties in the CPRA, in relation to such Limited Legal
Service.

Section 44. Online posts that could violate conflict of interest. — A lawyer shall exercise prudence in making
posts or comments in social media that could violate the provisions on conflict of interest under the CPRA.

Prepared by: Jed Sta. Monica | 37

 CANON III. Fidelity

Fidelity pertains to a lawyer’s duty to uphold the Constitution and the laws of the land, to assist in the
administration of justice as an officer of the court, and to advance or defend a client’s cause, with full
devotion, genuine interest, and zeal in the pursuit of truth and justice.

Fidelity means being an obedient lawyer. They are expected to abide the law.A lawyer is a servant of the
law, an exemplar, and assumes responsibilities.

Section 1. Practice of law. — The practice of law is the rendition of legal service or performance of acts or the
application of law, legal principles, and judgment, in or out of court, with regard to the circumstances or objectives
of a person or a cause, and pursuant to a lawyer-client relationship or other engagement governed by the Code of
Professional Responsibility and Accountability for lawyers. It includes employment in the public service or private
sector and requires membership in the Philippine bar as qualification.

“…in or out of court…” – Lawyers are all encompassing.

“…with regard to the circumstances…” –

o Whether or not you need to appear in court
o Whether or not there is a lawyer-client relationship or other engagements
o Whether or not you are working in the government

Bottom-line: a lawyer, regardless of where he works, must be a member of the Bar. If he renounces his
citizenship, he renounces to practice the law. Loss of citizenship also lost the license to practice law in the
Philippines.

Lawyer-Client Relationship
o arises “when the client consciously, voluntarily and in good faith vests a lawyer with the client’s
confidence for the purpose of rendering legal services such as providing legal advice or
representation, and the lawyer, whether expressly or impliedly, agrees to render such services.”

Cayetano v Monsod | G.R. #100113 | September 3, 1991

What does it mean when a lawyer engages in the practice of law?

Interpreted in the light of the various definitions of the term "practice of law", particularly the modern concept of
law practice, and taking into consideration the liberal construction intended by the framers of the Constitution,
Atty. Monsod’s past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry,
a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and the poor — verily more than satisfy
the constitutional requirement — that he has been engaged in the practice of law for at least ten years.

PADILLA, J., dissenting:

As commonly understood, "practice" refers to the actual performance or application of knowledge as distinguished
from mere possession of knowledge; it connotes an active, habitual, repeated or customary action. To "practice"
law, or any profession for that matter, means, to exercise or pursue an employment or profession actively,
habitually, repeatedly or customarily. Therefore, a doctor of medicine who is employed and is habitually performing
the tasks of a nursing aide, cannot be said to be in the "practice of medicine.”

Factors determinative of whether a particular activity constitutes "practice of law.”

5. Habituality. It implies customarily or habitually holding one’s self out to the public as a lawyer.
6. Compensation. It implies that his professional services are available to the public for compensation, as a
service of his livelihood or in consideration of his said services.
7. Application of law, legal principle, practice, or procedure which calls for legal knowledge, training and
experience.
8. Attorney-client relationship. It presupposes that where a lawyer undertakes an activity which requires
knowledge of law but involves no attorney-client relationship, such as teaching law or writing law books
or articles, he cannot be said to be engaged in the practice of his profession or a lawyer.

Prepared by: Jed Sta. Monica | 38

 Cambaliza v. Tenorio | Adm. Case No. 6290 | July 14, 2004

The lawyer here engaged or entered into a partnership of his husband who is not a lawyer. She included the
husband's name in the law firm. The SC said that a lawyer who entered into a partnership with a non-lawyer violates
the CPRA. Only a lawyer can engage in the practice of law.

The term "practice of law" implies customarily or habitually holding oneself out to the public as a lawyer for
compensation as a source of livelihood or in consideration of his services. Holding one's self out as a lawyer may be
shown by acts indicative of that purpose like identifying oneself as attorney, appearing in court in representation
of a client, or associating oneself as a partner of a law office for the general practice of law. Such acts constitute
unauthorized practice of law.

Section 2. The responsible and accountable lawyer. — A lawyer shall uphold the constitution, obey the laws of
the land, promote respect for laws and legal processes, safeguard human rights, and at all times advance the honor
and integrity of the legal profession.
As an officer of the court, a lawyer shall uphold the rule of law and conscientiously assist in the speedy and efficient
administration of justice.
As an advocate, a lawyer shall represent the client with fidelity and zeal within the bounds of the law and the CPRA.

section 2 is all encompassing

o Any law violated is automatically tantamount to the violation of section 2
o A lawyer is part of the machinery of the administration of justice

Section 3. Lawyer-client relationship. — A lawyer-client relationship is of the highest fiduciary character. As a

trust relation, it is essential that the engagement is founded on the confidence reposed by the client on the lawyer.
Therefore, a lawyer-client relationship shall arise when the client consciously, voluntarily and in good faith vests a
lawyer with the client’s confidence for the purpose of rendering legal services such as providing legal advice or
representation, and the lawyer, whether expressly or impliedly, agrees to render such services.

When is there a lawyer-client relationship? When the client consciously, voluntarily and in good faith
vests a lawyer with the client’s confidence for the purpose of rendering legal services such as providing
legal advice or representation, and the lawyer, whether expressly or impliedly, agrees to render such
services (this is a new provision).

Is there a need for written agreement? No need. But there must be an implied agreement. there must
show that there is a clear understanding that they are entering such kind relationship.
o “Impliedly” – the lawyer may not say yes but it can be deduced from his action such as when he
prepares the documents.
o There must be consent on both sides. there must be a meeting of the mind.

When you simply talk to a lawyer, is there already a lawyer-client relationship? No. the Lawyer and
client must agree to engage in the said relationship. E.g., In a case where you are asked to prepare a deed
of sale, there’s no relationship but there is an engagement.

Prepared by: Jed Sta. Monica | 39

3 characteristics of Lawyer-Client Relationship

1. Fiduciary. – It involves money or property, or anything of value. The client entrusts these values
to a lawyer and hence, there is a trust relation to the highest degree. The client entrusts him even
your life.
o Trust – there is an amount of trust and confidence to a higher degree, even higher than
the confidence given to your partner
o When a client entrusts his property or money to the lawyer, there is a legal or ethical
relationship of trust that is established.
o So, if that is the case, the lawyer should promptly account for any fund or property that
is entrusted to him or received by him.

Article 1491. The following persons cannot acquire by purchase, even at a public or judicial auction, either in person
or through the mediation of another: Justices, judges, prosecuting attorneys, clerks of superior and inferior courts,
and other officers and employees connected with the administration of justice, the property and rights in litigation
or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective
functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to
the property and rights which may be the object of any litigation in which they may take part by virtue of their
profession.

2. Personal. – The lawyer personally renders the case. He cannot delegate it to another.
o That is why we have what we call “A Counselof his own choice” which is a constitutional
right of an accused.
o The information should be between the client and lawyer ONLY.
o There is no other human relation which involves so delicate, exacting and confidential in
nature and character as that of an attorney and client which necessity and public interest
so require.

3. Confidential. – Whatever information revealed within that relationship, it must be kept in

secrecy.
o Duty to keepit forever up to the grave.
o The information subsists and confidences do not end. They are perpetual, unless the
client allows you to disclose them or waive, and if you need them to protect you if you
are the one being charged of a crime or an action is instituted against you.

Q: when you exchange information to a lawyer, but the information is not confidential, is there a relationship?
A: Yes. it is not necessary that the information is secret. the fact that the client engages in the service of the lawyer,
there is already a relationship. The lawyer must keep the information confidential.

Hadjula v. Madianda | A.C. No. 6711 | July 3, 2007

Complainant went to respondent, a lawyer who incidentally was also then a friend, to bare what she considered
personal secrets and sensitive documents for the purpose of obtaining legal advice and assistance. The lawyer,
subsequently, divulge such information to other. Hence, there is a breach of confidentiality. But the lawyer said
that there is no lawyer-client relationship. Was the right of confidentiality violated?

Yes. The moment complainant approached the then receptive respondent to seek legal advice, a veritable lawyer-
client relationship evolved between the two. Such relationship imposes upon the lawyer certain restrictions
circumscribed by the ethics of the profession. Among the burdens of the relationship is that which enjoins the
lawyer, respondent in this instance, to keep inviolate confidential information acquired or revealed during legal
consultations.

Privilege Communication Rule - whatever information of the lawyer in his capacity as counsel should
keep the secrets and confidences and not abuse them.

Two concepts
o When you talk to your client and he answers, you must keep it in confidence.
o Any manifestation or allegation is privileged. Even if the information is not true, as long as it is
relevant or material, you cannot be sued for libel or slander.

Prepared by: Jed Sta. Monica | 40

Hence, these three characteristics requires that:
o A lawyer must exhibit undivided allegiance
o A lawyer must uphold high degree of good faith, candor, loyalty, fidelity, and absolute integrity in
all dealings
o A lawyer must utter renunciation of any personal advantage directly or indirectly
o A lawyer’s duty to his clients should be reconciled with your duties to the court, bar and the
public. Each of the duties requires fidelity and loyalty in varying degrees within limits.

Rules protective of this relation

o Lawyers should encourage their clients to entrust their legal problems to them. This is
paramount in the administration of justice.
o When such relationship exists, you have to exert your best effort and learning in the protection
of the interest of your client.
o Conflict of interest – it arises when the lawyer represents a party whose interest has an
adverse effect to that of your client or previous client.

Retainer. It may refer to either of the two concepts:

First concept. It refers to the act of the client by which he engages the services of a lawyer to render legal
advice or to defend or prosecute his cause in court.
o An act of securing the services of a counsel.
o When you go to a lawyer, you seek his services, and when the lawyer agrees, you retain him.

Two classifications
1. General retainer
o the purpose is to secure beforehand the services of an attorney for any legal problem
that may arise in the future.
o I.e., usually, he is included in the payroll of a company
2. Special retainer
o secure a lawyer for the purpose of resolving a particular case.
o He is only paid for that particular case.

second concept, refers to the retainer’s fee

o The client pays a lawyer when he rendered his services
o The client pays a preliminary fee, to ensure and secure his future services
o Reason: to compensate him for being deprived from the opportunity of engaging in
other cases.
o Examples of Fee: attorney’s fee, appearance fee, contingency fee, quantum meruit

Definition: Retaining fee is a preliminary feepaid to ensure and secure his future services to renumerate him of
being deprived, by being retained by one party of the opportunity of rendering services to the other party and of
receiving pay from him, and the payment of such fee in absence of an agreement to the contrary is neither made
nor received in consideration of the services contemplated.

Quantum meruit (as much as he deserves) – Under this principle, a person may recover a reasonable value of the
thing he delivered or the service he rendered. The principle also acts as a device to prevent undue enrichment
based on the equitable postulate that it is unjust for a person to retain benefit without paying for it. The principle
of quantum meruit is predicated on equity

Retainer fee is different from acceptance fee.

1. Acceptance fee is paid to a lawyer when they agree to take on a case. It compensates the lawyer
for the initial work required to start the case, such as reviewing documents, conducting
preliminary research, and formulating a legal strategy.
2. Retainer fee is an advance payment made to secure a lawyer’s ongoing services over a period of
time. It ensures that the lawyer is available to handle the client’s legal matters as they arise.

Prepared by: Jed Sta. Monica | 41

Why is it necessary to retain a lawyer? There should be an authority from the client to the lawyer to
appear on his behalf. There must be a contract of employment whether it’s express or implied. Written
contract is not necessary in establishing this relationship, but the best evidence of establishing this
relationship is an object evidence or document. Because an attorney cannot act in any kind of proceeding
without being retained.

Ambulance chasing refers to the unethical practice where lawyers seek out accident victims to solicit
their business, often immediately after the incident. This term is derived from the stereotype of lawyers
who follow ambulances to the emergency room to find clients. It's also known as "barratry".

Francisco v. atty. Portugal | A.C. NO. 6155 | March 14, 2006

In a criminal case like that handled by respondent in behalf of the accused, respondent has a higher duty to be
circumspect in defending the accused for it is not only the property of the accused which stands to be lost but
more importantly, their right to their life and liberty.

Thus, in the creation of lawyer-client relationship, there are rules, ethical conduct and duties that breathe life into
it, among those, the fiduciary duty to his client which is of very delicate, exacting and confidential character,
requiring a very high degree of fidelity and good faith, that is required by reason of necessity and public interest.

The rule in this jurisdiction is that a client has the absolute right to terminate the attorney-client relation at anytime
with or without cause. The right of an attorney to withdraw or terminate the relation other than for sufficient cause
is, however, considerably restricted. Among the fundamental rules of ethics is the principle that an attorney who
undertakes to conduct an action impliedly stipulates to carry it to its conclusion. He is not at liberty to abandon
it without reasonable cause. A lawyer's right to withdraw from a case before its final adjudication arises only from
the client's written consent or from a good cause.

Justice Panganiban:

After agreeing to take up the cause of a client, a lawyer owes fidelity to both cause and client, even if the client
never paid any fee for the attorney-client relationship. Lawyering is not a business; it is a profession in which duty
of public service, not money, is the primary consideration.

Q: Is a written contract an essential element in the employment of an attorney?

A: No. The contract may be express or implied. To establish the relation, it is sufficient that the advice and
assistance of an attorney is sought and received in any matter pertinent to his profession. x x x 22

Q: In order to seal the agreement, is there a need to pay the lawyer?

A: not necessary. whether the lawyer is paid or not, as long as the element as provided in Section 3 is present, the
relationship is established.

Hence, even if respondent felt under-compensated in the case he undertook to defend, his obligation embodied
in the Lawyer's Oath and the Code of Professional Responsibility still remains unwavering. The zeal and the degree
of fervor in handling the case should neither diminish nor cease just because of his perceived insufficiency of
remuneration.

Prepared by: Jed Sta. Monica | 42

 Diongzon v. Atty. Mirano | A.C. No. 2404 | August 17, 2016

A lawyer who agrees to represent a client's interests in the latter's business dealings is duty-bound to keep the
confidence of such client, even after their lawyer-client relationship had ended. If he represents any other party in
a case against his former client over a business deal, he oversaw during the time of their professional relationship,
he is guilty of representing conflicting interests, and should be properly sanctioned for ethical misconduct.

The lawyer-client relationship begins from the moment a client seeks the lawyer's advice upon a legal
concern. The seeking may be for consultation on transactions or other legal concerns, or for representation of the
client in an actual case in the courts or other fora. From that moment on, the lawyer is bound to respect the
relationship and to maintain the trust and confidence of his client. No written agreement is necessary to generate
a lawyer-client relationship, but in formalizing it, the lawyer may present a retainer agreement to be considered
and agreed to by the client. As with all contracts, the agreement must contain all the terms and conditions agreed
upon by the parties. In this case, the respondent presented such a retainer contract to the complainant, the terms
of which are stated below:

The CLIENT retains and employs the ATTORNEY to take charge of the legal matters of the former in connection
with his fishing business, and the attorney accepts such retainer and employment subject to the following terms
and conditions, to wit:
1. That the term of this contract shall be for two "2" years beginning February, 1982 but is deemed
automatically renewed for the same period if not terminated by both parties by virtue of an agreement
to that effect and signed by them;
2. That the compensation to be paid by the client for the services of the attorney, shall be three hundred
pesos (P300.00) a month;
3. That the attorney may be consulted at all times by CLIENT on all business requiring his professional advice
and opinion and when the ATTORNEY gives a written opinion, a copy shall be sent to the CLIENT;
4. That the duties of the attorney in this retainer contract shall include consultations, opinions, legal advices,
preparations and drafting of contracts and other legal papers, and other legal works, in connection with
the business of the CLIENT, except those cases involving trials in court, which if they are entrusted to the
ATTORNEY, shall be subject to a new agreement;

The lawyer-client relationship between the parties was duly established beginning in 1979 and lasted until 1982.
The respondent's claim that he returned the retainer fee did not alter the juridical existence of their lawyer-
client relationship. When the complainant consulted him on the sale of the boats to the Gonzaleses, the
respondent reviewed the contracts of sale in the capacity of the complainant's lawyer, and even notarized the
same. He became aware of the details of the sale by virtue of the confidentiality generated by his lawyer-client
relationship with the complainant.

Sison V. Atty. Dumlao | A.C. No. 11959 | April 28, 2021

A lawyer-client relationship is established when lawyers consistently manifest to a person consulting them that
they would provide legal representation or assistance, regardless of the close ties between the parties, or the
lack of a written contract, or the non-payment of legal fees. Lawyers who later on decide not to represent their
client have the duty to inform their client. Failure to do so will be cause for administrative sanction.

A lawyer-client relationship was established from the very first moment complainant asked respondent for legal
advice regarding the former's business. To constitute professional employment, it is not essential that the client
employed the attorney professionally on any previous occasion. It is not necessary that any retainer be paid,
promised, or charged; neither is it material that the attorney consulted did not afterward handle the case for which
his service had been sought.

If a person, in respect to business affairs or troubles of any kind, consults a lawyer with a view to obtaining
professional advice or assistance, and the attorney voluntarily permits or acquiesces with the consultation, then
the professional employment is established.

Hence, despite the fact that complainant was kumpadre of a law partner of respondent, and that respondent
dispensed legal advice to complainant as a personal favor to the kumpadre, the lawyer was duty-bound to file the
complaint he had agreed to prepare - and had actually prepared - at the soonest possible time, in order to protect
the client's interest.

While respondent may later refuse to represent complainant, as in this case when she is requested by
complainant's mother-in-law to refrain from interfering in complainant's domestic issues, it was still incumbent
upon respondent to inform complainant that she would no longer be able to represent him.

Prepared by: Jed Sta. Monica | 43

Who can get a lawyer? Anyone who is legally competent can avail the services of a lawyer. Everyone has
the absolute right to avail counsel. no criminal proceeding may happen without the representation of a
counsel.

Examples of people who can get a lawyer

o corporation
o minor through a guardian
o insane and incompetent through a guardian
o wife even without the consent of his husband

Q: A minor cannot enter into a contract. But can he be represented by a lawyer?

A: yes, provided that a guardian be appointed.

Section 4. Authority of lawyer to bind client. — A lawyer can bind a client in a legal engagement only when so
authorized through a written agreement. The lawyer, however, cannot compromise a client’s litigation, or receive
anything in discharge of a client’s claim, without a special power of attorney for such purpose.

Section 5. Authority of lawyer to appear. — A lawyer is presumed 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 or her to appear
in court for the client.
The court, tribunal, or other government agency may, on its own initiative or on motion of either party, on just
cause, require a lawyer to produce or prove the authority to appear on behalf of the client.

Authority of a lawyer
o commence when his services are secured and when there is already an attorney-client
relationship.
o The authority to appear commences only when retained by the client or his agent until the
termination of the litigation, unless sooner revoked or withdrawn.
o Why is authority needed? For the client to be bound by the proceedings

General or implied authority Special authority

provided for by the law and the rules of court. Your written authority given by the
professional employment by the client confers upon client. This is needed when your
you as a lawyer the general authority to do on behalf actions pertain to substantial
of the client such acts necessary or incidental for the matters, like what is your claim or
Definition
prosecution or management of the suit entrusted to demand from the defendant.
you or the accomplishment for the purpose for which
you were retained. This authority refers to matters of
ordinary procedure only.
General Rule: The lawyer is presumed to have the Exception: When the case
Rule authority to represent the client. requires a written authorization
of his client
Procedural aspect – It pertains to ordinary judicial
substantive aspect (heart of the
procedure like appearing to file a motion to dismiss,
case)
to file a position paper, etc.
the lawyer has the discretion The client has discretion
aspect
Extent of lawyer’s authority - anything that is Special Power of Attorney - the
lawfully sound or in relation to the interest of the lawyer should show proof that he
client. And to pursue the case based on the law. is authorized

E.g., during the pre-trial conference when there are admissions and stipulations to be made by the
lawyer before the trial would commence. Here, it is necessary that the lawyer is duly authorized to
appear, otherwise the client shall not be bound by the admissions and stipulations during the pre-trial.
During the pre-trial, both the lawyer and the client should appear. If the client can’t appear, the lawyer
should show proof that he is duly authorized to enter into pre-trial (special power of attorney), because
this pertains to the substantial matters.

Prepared by: Jed Sta. Monica | 44

 Q: Toyota attempts to approach Caloy for his brand endorsement. However, Caloy’s girlfriend is not a fan of Toyota.
Can the lawyer of Caloy agree without the latter’s authorization?
A: No. In this case, the lawyer is required written agreement. it applies to all legal engagement.

Q: In a criminal case, the lawyer finds it strategic to settle the civil aspect with the complainant. However, his client
is away during the schedule of the compromise agreement. Can he agree on his client’s behalf?
A: Yes, but he must be given a Special power of attorney in compromise agreement. The lawyer, cannot
compromise a client’s litigation, or receive anything in discharge of a client’s claim, without a special power of
attorney for such purpose.

Procedural v. Substantive

Q: The client wants to plead guilty in the case, who should decide?
A: The client because to plead guilty is a substantive aspect of the case.

Q: Can the client require the lawyer to issue a memorandum of his case?
A: No. The procedural matter of the case should be within the authority and discretion of the counsel.

Presumption: The lawyer is presumed to have the authority to represent the client.

Note: This presumption is a strong one. The mere denial of authority by a party in insufficient to
overcome this presumption, especially when the denial is after the rendition of an adverse
judgment.

What if the client failed to repudiate the appearance of the lawyer? Then that is already
considered as implied authority.

The presumption of authority is disputable. It’s not conclusive. It can always be disputed by
clear evidence or manifestation of the client.

The authority of the lawyer may be conferred by the law. When there is a petition for certiorari filed
by a client. Because the counsel of winning party shall represent the respondent judge in the court. So, if
the lawyer is appointed as counsel de officio or if he is representing the court in a petition for certiorari,
then the written authority of the client is not necessary.

Q: Can the authority of a lawyer be delegated to another?

A: General rule, a lawyer cannot delegate his authority to another, without the client’s consent. Even in a law firm.
He may delegate some specific tasks to another but under his supervision and responsibility. What cannot be
delegated here is the confidence reposed by the client upon the lawyer, unless the client gives his consent.

Q: If a second lawyer appears in lieu of a first lawyer, was the relationship of the first lawyer deemed terminated?
A: No. The presumption is that the first lawyer’s appearance has not yet been withdrawn, because there is a proper
way for a lawyer to withdraw his services or for another lawyer to substitute. The presumption is that lawyer A is
collaborating with lawyer B.

There is this common practice among lawyers that when they cannot appear in the court in case of an emergency,
so as to not have an adverse effect on the case, they resort to seeking the assistance of their fellow lawyer and
appear in court on behalf of another lawyer and on behalf of the client even without the latter’s consent. But this
doesn’t necessarily create an attorney-client relationship between the new lawyer and the client because the client
didn’t give consent to the delegation of authority, and he was not the counsel of the client’s choice. The new lawyer
appearing on behalf of the other, can only appear on unsubstantial matters or matters that does not affect the
cause of action of the client like he can sign a notice, receive a notice, make some manifestation in court on
technical matter, on procedural aspect of the case etc.

Another lawyer who may appear on behalf of another for substantial matters, needs the consent of the client.

Prepared by: Jed Sta. Monica | 45

Appearance is not exclusive to the physical appearance in a court but may also through mere pleading.
o Appearance in court – coming into court as a party, either as a plaintiff or defendant, and asking
relief therefrom.
o Through pleading – when the lawyer affixed his signature in a pleading and submits it in court

Note: There is a need of formal entry of appearance for the orderly conduct of proceedings. For example,
a complaint is filed and signed only by the client, that is appearance by a client and not yet of a lawyer.
When the hearing comes, and a lawyer already appear on behalf of the client, he should make a formal
entry of appearance in the court by oral or written manifestation, informing the court that he is now the
counsel of record of the client, and that all notices, orders, etc. shall be served to his client through his
office at a following address.

Kinds of appearance

Prior to the 1997 Rules of Procedure

o General Appearance – the lawyer would make his appearance in court, subject his client to the court’s
jurisdiction, so that all actions, orders, processes shall be governed the client through the counsel.
o Special Appearance – where the lawyer appears in court, purposely to question the jurisdiction of the
court over the person or subject matter. The court will resolve that issue first.

After the 1997 Rules

o There is no special appearance for the purpose of impugning. A special appearance can be done even
if there are other grounds or other reliefs that may be sought for. It may be done by:
○ Contesting the jurisdiction of the court and at the same time causing the dismissal of the case
for other grounds like res judicata, absence of cause of action, etc.

The consequence of the appearance is that he is voluntarily submitting himself to the court’s jurisdiction.

Unauthorized appearance
o The proceedings shall not bind the client.
o The court shall not have jurisdiction over the person and the client who is adversely affected by
the unauthorized appearance may move for the dismissal of the case, and the lawyer who
appeared unauthorized shall be cited in contempt.

Unauthorized appearance can be ratified. If the client is of age or competent or he is able of giving his
consent, then he can ratify the appearance of the lawyer.

Section 6. Fiduciary duty of a lawyer. — A lawyer shall be mindful of the trust and confidence reposed by the
client.
To this end, a lawyer shall not abuse or exploit the relationship with a client.

Melendrez vs. Atty. Decena | A.M. No. 2104 | August 24, 1989

Atty. Decena had, by means of fraud and deceit, taken advantage of petitioner’s precarious financial situation and
his knowledge of the law to their prejudice. When Atty. Decena’s client could not pay his loan anymore, he has
prepared a deed of real estate mortgage on their behalf. In that contract, he inserted a stipulation authorizing him
to sell the property without his client’s knowledge. The client only found out of such stipulation when the land was
already entitled to the lawyer. Moreover, in an estafa case, he had compromised the settlement of the case without
their authority. It was clear that he took advantage of the ignorance of his client.

constitute deception and dishonesty and conduct unbecoming a member of the Bar. We agree with the Solicitor
General that the acts of respondent "imply something immoral in themselves regardless of whether they are
punishable by law" and that these acts constitute moral turpitude, being "contrary to justice, honesty, modesty
or good morals." The standard required from members of the Bar is not, of course, satisfied by conduct which
merely avoids collision with our criminal law. Even so, respondent's conduct, in fact, may be penalizable under at
least one penal statute — the anti-usury law.

Prepared by: Jed Sta. Monica | 46

 Section 7. Prohibition against frivolous suits and abuse of court processes. — A lawyer shall not:
a. file or encourage the filing of any suit or proceeding not authorized by law or jurisprudence and without
any evidentiary support;
b. unduly impede the execution of an order or judgment which is warranted; or
c. abuse court processes.

Frivolous - unmeritorious, unfounded, and without basis

Section 8. Lawyer’s duty to encourage settlement. — A lawyer shall encourage the client to avoid, end or settle
a controversy, whether pending or not, in order to reach a settlement or a compromise if the matter can be
compromised under the law and will admit of a fair settlement.
To this end, the lawyer shall actively assist the parties and the court, tribunal, or other government agency to effect
mediation and/or dispute resolution.

Amicable settlement of controversy. – If the issue can be settled in the outset, then such settlement
must be encouraged. A lawyer should not stretch the controversy if there are available resort that could
expedite the resolution of an issue.

A lawyer is a mediator for compromise rather than instigator of conflict

Section 9. Duty to call client to rectify fraudulent act. — A lawyer who receives information that a client has, in
the course of the representation, perpetrated a fraud in relation to any matter subject of the representation before
a court, tribunal, or other government agency, 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.

Duty of a lawyer to call out fraudulent act

o If the client perpetrated a fraud and the lawyer learned about it, he must call out the client and
tell him to rectify it.
o If the client insists such fraudulent act, the lawyer can withdraw the case.

In the history of CPRA, the first provision requires the lawyer to either call the attention of his client or
report it to the court. But in the new provision, the Supreme Court only requires them to withdraw to
the relationship in order to maintain and respect the confidentiality rule.

Section 10. Responsibility over a subordinate lawyer, paralegal, or employee. — A lawyer or law firm shall be
responsible for the mistakes, negligence, and/or acts or omissions of a subordinate lawyer, paralegal, or employee
under the lawyer’s direct supervision and control, who is acting within the scope of the assigned tasks, that cause
damage or injury which brings dishonor to the profession or violates the rule on confidentiality.

However, such liability of the supervising lawyer does not attach upon proof of exercise of diligence of a good
parent of a family in the selection and supervision of subordinate lawyer, paralegal, or employee.

Individuals who work under the guidance of a more experienced attorney

1. Junior Associates. They assist senior lawyers with case evaluations, client counseling, and
attending court trials.
2. Newly Admitted Attorney. This term refers to lawyers who have been admitted to the bar for
two years or less.
3. Paralegals. Legal assistants support lawyers by organizing legal documents, conducting
research, and assisting during trials and hearings. They handle administrative tasks and help
gather case information.

GR: The mistake of the subordinate shall be the responsibility of the superior.
Xcp: When he can prove that he acted with the diligence of a good parent of the family.

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 Section 11. Responsibility of a supervisory lawyer over a supervised lawyer. — A supervisory lawyer shall co-sign
a pleading or other submission to any court, tribunal, or other government agency with a supervised lawyer. A
supervisory lawyer shall be responsible for a violation of the CPRA by the supervised lawyer in any of the following
instances:
a. the supervisory lawyer orders or directs the specific conduct or, with knowledge of the specific conduct,
ratifies it; or
b. 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
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.

Section 12. Responsibilities of a supervised lawyer. — A supervised lawyer acting under the direction of the
supervising lawyer, managing partner, or other partners of the firm is nevertheless bound by the CPRA.

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.

Effect of the Supervising Lawyer and Supervised Lawyer

o If they both sign an incomplete pleading, the supervisory lawyer is responsible if he orders the
specific conduct.
o If the supervising lawyer ratifies the mistake of the supervised lawyer, then he is responsible.
o If the supervising lawyer did not ratify the pleading but he knew of the mistake, then he is
responsible.
o Remedial action: If he knows that it is a fraudulent document but did nothing to correct
it, and the court relied on that pleading.

The law student practice rule - the court will appoint a lawyer to supervise you.

Supervising Lawyer refers to a member of the Philippine Bar in good standing who is authorized
by the law school to supervise the law student practitioner under this Rule (Rule 138-A)

Section 13. Conflict of interest. — A lawyer shall not represent conflicting interests except by written informed
consent of all concerned given after a full disclosure of the facts.
There is conflict of interest when a lawyer represents inconsistent or opposing interests of two or more persons.
The test is whether on behalf of one client it is the lawyer’s duty to fight for an issue or claim, but which is his or her
duty to oppose for the other client.

In recognition of the nuanced conflict of interest problems that lawyers face in practice, the CPRA sets
forth an extensive set of conflict-of-interest rules, which were partly based on the American Bar
Association's Model Rules of Professional Conduct.

While only one rule under the CPR deals with the prohibition against conflict of interest, the CPRA
devotes 10 sections to the subject, covering the various scenarios where the prohibition may apply.

In connection with the status of the relationship between the lawyer and the client, the prohibition
against conflict-of-interest representation is presented under three scenarios involving:
1. prospective clients (Section 17);
2. current clients (Section 14);
3. former clients (Section 18).

Note: The other provisions on conflict of interest pertain to lawyers employed by specific organizations:
1. lawyers joining law firms (Section 15)
2. corporate lawyers (Section 19),
3. lawyers in legal services organizations (Section 20), and
4. government lawyers (Section 21), including the PAO (Section 22).

Prepared by: Jed Sta. Monica | 48

 Request of the PAO to Delete Section 22 | A.M. No. 23-05-05-SC | July 11, 2023

Atty. Rueda-Acosta, the Chief of PAO, requested the removal and temporary non-implementation of Section 22,
Canon III of the proposed CPRA which tackles the concept of Conflict of Interest. Atty. Rueda-Acosta contends that
the provision discriminates against public attorneys by treating them differently from the members of the legal
profession regarding conflict of interest and would be detrimental to the marginalized sectors they serve.

Supreme Court: Out of its 22 Canons and 77 Rules, only one provision of the CPR directly dealt with conflict of
interest. Rule 15.03 of the CPR states the general prohibition against the representation of conflicting interests and
the exception thereto. However, the CPR does not define what conflict of interest is. The definition of conflict of
interest contemplated by the prohibition, as well as the test for the determination of the existence thereof, were
provided by jurisprudence. The CPRA has now codified these principles.

Section 13 of CPRA is based on the case of Mabini Colleges, Inc. v. Atty. Pajarillo:

This rule prohibits a lawyer from representing new clients whose interests oppose those of a former client in any
manner, whether or not they are parties in the same action or on totally unrelated cases. Based on the principles
of public policy and good taste, this prohibition on representing conflicting interests enjoins lawyers not only
to keep inviolate the client's confidence, but also to avoid the appearance of treachery and double-dealing
for only then can litigants be encouraged to entrust their secrets to their lawyers, which is of paramount
importance in the administration of justice.

The reason for the prohibition is found in the relation of attorney and client, which is one of trust and
confidence of the highest degree. A lawyer becomes familiar with all the facts connected with his client's
case. He learns from his client the weak points of the action as well as the strong ones. Such knowledge
must be considered sacred and guarded with care. No opportunity must be given him to take
advantage of the client's secrets. A lawyer must have the fullest confidence of his client. For if the
confidence is abused, the profession will suffer by the loss thereof.

Test to determine the existence of conflict of interest

Whether a lawyer is duty-bound to fight for an issue or claim on behalf of one client and, at
the same time, to oppose that claim for the other client.
1
Duty to fight o Thus, if a lawyer's argument for one client has to be opposed by that same lawyer
and not oppose in arguing for the other client, there is a violation of the rule.
o This rule covers not only cases in which confidential communications have been
confided, but also those in which no confidence has been bestowed or will be used.
Duty to the Whether the acceptance of a new relation would prevent the full discharge of the lawyer's
undivided duty of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or
2
fidelity and double-dealing in the performance of that duty.
loyalty o Note: The lawyer may secure a written informed consent/waiver of a client.
Whether the lawyer would be called upon in the new relation to use against a former client
any confidential information acquired through their connection or previous employment.
3
Duty not to o If the acceptance of the new retainer will require the attorney to perform an act
injure which will injuriously affect his first client in any matter in which he represents him
o in your representation, you would be revealing information of the facts of your
previous case to the new case

The proscription against representation of conflicting interests applies to a situation where the
opposing parties are present clients in the same action or in an unrelated action. It is enough that the
opposing parties in one case, one of whom would lose the suit, are present clients and the nature or
conditions of the lawyer's respective retainers with each of them would affect the performance of the
duty of undivided fidelity to both clients.

The SC further stated that at the time the respondent filed the replevin case on behalf of AIB he was still
the counsel of record of the complainant in the pending ejectment case. His representation of opposing
clients in both cases, though unrelated, obviously constitutes conflict of interest or, at the least, invites
suspicion of double- dealing. Moreover, lawyers are not obliged to act either as an adviser or advocate for
every person who may wish to become their client. They cannot be made to labor under conflict of
interest between a present client and a prospective one

Prepared by: Jed Sta. Monica | 49

 Two Concepts of conflict of interest

Unrelated Cases – parties are both clients of the lawyers but they have conflicting or different interests.

Q: A and B are both your clients. A is your client on the ejectment case against B. B is your client
on a rape case against A. is there a conflict of interest?
A: Yes. But the lawyer may still proceed with the two cases provided that there is a written
informed consent of all concerned after a full disclosure of the facts.

Conditions to achieve This principle of full disclosure of the case is more for the
1. A written informed consent; protection of the lawyer. so that he won’t be put in a position
2. Full disclosure of the facts from fully discharging his duties. you are being hired from
doing your full responsibility.

Note: despite conforming to this requirement, there is still a possibility of conflict of interest: double
dealing or disloyalty. In such conflict, it is not the certainty of conflict but the possibility of conflict when
the case ensues. | Double-dealing – the practice of working to people's disadvantage behind their backs.

Related cases – it involves the same clients. conflicts arise when inconsistent or opposing interest of two
or more clients.

Test: whether on behalf of one client it is the lawyer’s duty to fight for an issue or claim, but which is his
or her duty to oppose for the other client. If he advocates for something in one case and he advocates for
the same cause on another case, conflict arise.

Examples of related cases

• A tenant is being evicted by the owner (civil case) and during the eviction, a fist fight occurs,
resulting in someone’s death (criminal case), it becomes a related case.
• Party A filed a charged against B for forcible entry to the house of A. Party B filed a civil case
against A to recovery ownership of the house claimed by A. Since the issue involves the same
property, there is conflict of interest.

scenario case A B C remark

Scenario 1 Case 1 client Client – conflict of interest
Scenario 2 In one case client opponent –
conflict of interest
(Related case) in another case opponent client –
Scenario 3 in one case client opponent – No conflict of interest if there is
(Unrelated 1. disclosure of facts
cases) in another case – client opponent 2. written informed consent
Note: first 2 cases are absolute conflict of interest

Q: what if the lawyer was able to secure a written consent but was not able to inform the client?
A: Then it is not valid. It constitutes conflict of interest.

Prepared by: Jed Sta. Monica | 50

 Quiambao v. Bamba

Felicitas Quiambao was the president and managing director of Allied Investigation Bureau, Inc (AIB). Quiambao
procured the legal services of Atty. Nestor Bamba for the corporate affairs of AIB. Atty. Bamba was also the official
legal counsel of an ejectment case filed by Quiambao against spouses Santiago and Florito Torroba. When
Quiambao resigned from AIB, Atty. Bamba, without withdrawing as counsel from the ejectment case, represented
AIB in a complaint case for replevin and damages against her. Quiambao filed charges against Atty. Bamba for
representing conflicting interests and violating the Code of Professional Responsibility. Was there a conflict of
interest?

Yes, Atty. Bamba is representing conflicting interests. Despite Atty. Bamba’s contention that his legal services
extend to AIB’s employees, this should not cover the personal cases filed by its officers. Even though the replevin
and ejectment case are unrelated, representing opposing clients therein gives rise to suspicions of double-dealing,
and would thus result to a conflict of interest. Furthermore, Atty. Bamba failed to show that he disclosed or
procured the approval of Quiambao before pursuing the replevin case against her.

Section 14. Prohibition against conflict- of-interest representation; current clients. — In relation to current
clients, the following rules shall be observed:
a. A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership,
possessory, security, or other pecuniary interest adverse to a client unless:
1. it is shown that the transaction and terms on which the lawyer acquires the interest are fair and
reasonable to the client and are fully disclosed and transmitted in writing in a manner that can
be reasonably understood by the client;
2. the client is advised in writing of the desirability of seeking, and is given a reasonable opportunity
to seek, the advice of another independent lawyer on the transaction; and
3. the client gives written informed consent to the essential terms of the transaction and the
lawyer’s role in the transaction, including whether the lawyer is representing the client in the
transaction.
b. A lawyer shall not use confidential information relating to representation of a client without the client’s
written informed consent, except as permitted or required by law or the CPRA.
c. A lawyer shall not, by undue influence, acquire any substantial gift from a client, including a testamentary
gift, or prepare on behalf of a client an instrument giving the lawyer such gift, directly or indirectly.
d. Unless with the written informed consent of the client and subject to the application of the sub judice
rule, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a
portrayal or account based in substantial part on information relating to the representation.
e. A lawyer shall not accept compensation for representing a client from any person other than the client,
unless:
1. the client gives written informed consent;
2. there is no interference with the lawyer’s independence or professional judgment or with the
lawyer-client relationship; or
3. the information relating to representation of a client is protected as required by the rule on
privileged communication.
f. A lawyer, who represents two or more clients in the same case, in case there is a settlement or plea-
bargaining, shall disclose to all the clients the existence and nature of all the claims or pleas involved and
the participation of each client in the settlement or plea-bargaining.
g. A lawyer shall avoid testifying in behalf of the client, except:
1. on formal matters, such as the mailing, authentication or custody of an instrument, and the like;
2. on substantial matters, in cases where the testimony is essential to the ends of justice, in which
event the lawyer must, during the testimony, entrust the trial of the case to another counsel.

Rule 1. On having adverse interest

The rule is not absolute. The following are exception:

1. If it is fair and reasonable to the client
2. If you give the client a reasonable opportunity to seek the advice of another independent lawyer
3. If the client gives written informed consent
Rule 2. Privilege Communication Rule

GR: every information you get from the client is privileged.

Xcp:
1. with written informed consent
2. if permitted or required by law or the CPRA
3. if there is an investigation and such information is needed

Prepared by: Jed Sta. Monica | 51

 Requisite
1. Undue influence
a. Through wit
b. Through cunning maneuvering
2. Substantial gift (such as testamentary gift | Holographic will - written by the testator)

Rule 4. Literary or Medial Rights

Q: Yulo was charged of a crime. During your privileged communication, Yulo made a disclosure
of his personal life. During Yulo’s absence, the press asked if you could share a personal life on his
behalf.
A: There should be a written informed consent.

Rationale: There are lawyers who hog the limelight. There are cases where lawyers sell this
information to bloggers and media outlets, which is considered unethical.

Rule 5. Compensation given by a person other than the client

GR: only your client should pay for the fees, no one else.
Xcp:
1. the client gives written informed consent;
2. there is no interference with the lawyer’s independence or professional judgment or with
the lawyer-client relationship; or
3. The information relating to representation of a client is protected as required by the rule
on privileged communication.
Note: Regardless of who gives the compensation, the lawyer must pledge its loyalty to the client.

Q: in a family, there are three siblings who are interfering to the investigation. your client who is quiet, one who is
talking to you on your client’s behalf, and one who is paying your compensation. Who should be covered by the
privilege communication rule?
A: Written informed consent is required. verily, the privilege communication rule is enjoyed by your client or the
person speaking on his behalf. in practice, it is always base on the strategy of the lawyer.

Rule 6. Full-disclosure of facts

If there are settlement, you have to tell everything to your clients. and avoid favoring one client
over the other.

Rule 7. Prohibition on being a witness of your own client

GR: It is not prohibited for a lawyer to testify on behalf of his client (Note: but he should avoid).
Xcp:
1. On formal matters, such as the mailing, authentication or custody of an instrument, and
the like;
2. On substantial matters, in cases where the testimony is essential to the ends of justice,
in which event the lawyer must, during the testimony, entrust the trial of the case to
another counsel.

It is a question of propriety rather than incompetence. He is already committing a dual capacity:

witness and a counsel. this is different terms.
o A witness is required to be objective as to ascertain the truth.
o A counsel is subjective as it advocates for the cause of the client.

Prepared by: Jed Sta. Monica | 52

Q: In case of formal issue (as to the form), you can testify on behalf of the client, like the authentication of a
document. But if it is a substantial issue (substance: meat of the case), can you testify on his behalf?
A: he must entrust the trial of the case to another counsel. It is not giving up the case. It just that, during the
presentation of the evidence, he should entrust it to someone else to avoid the awkward situation of asking himself
a question and answering. after the said presentation, he may resume the presentation again.

Section 15. Conflict of interest of a lawyer hired by a law firm. — When a lawyer joins a law firm, it shall be the
duty of the lawyer to disclose to the law firm, at the earliest possible opportunity, his or her previous clients that
may have a potential conflict of interest with the current clients of the law firm. If there is a potential conflict of
interest, the lawyer shall not act on the case or cases of the affected current client.
When you are a private practitioner, and you are hired by a law firm, the law firm also absorbs your subsisting
clients. In such cases, the lawyer must disclose his clients to the law firm. In case of conflict, you need not withdraw
from the lawyer. If there is a potential conflict of interest, the lawyer shall not act on the case or cases of the affected
current client.

Section 16. Prohibition against dating, romantic or sexual relations with a client. — A lawyer shall not have
dating, romantic, or sexual relations with a client during the engagement, unless the consensual relationship
existed between them before the lawyer-client relationship commenced.

Relationship – as long as there is an intimacy of the relationship.

Q: Is written informed consent an exception here?

A: No. The only exception is the consensual relationship.
Reason: To not blur the line between the duty of your capacity as lawyer and duty as a partner.

Q: What if engagement is just flirting?

A: No. The CPRA is clear that it is governed by the word “dating”. dating is about exploring a potential relationship
with someone, while flirting is more about playful interaction without serious intentions

Section 17. Prohibition against conflict-of- interest representation; prospective clients. — In relation to
prospective clients, the following rules shall be observed:
a. A lawyer shall, at the earliest opportunity, ascertain the existence of any conflict of interest between a
prospective client and current clients, and immediately disclose the same if found to exist.
In case of an objection by either the prospective or current client, the lawyer shall not accept the new
engagement.
b. A lawyer shall maintain the private confidences of a prospective client even if no engagement
materializes, and shall not use any such information to further his or her own interest, or the interest of
any current client

Determination between prospective client and present client. – He is just a prospective client
and not still an actual client. If such a client was able to relay information to you but for some
reason, the attorney-client relationship did not happen, confidentiality must still be kept.

Section 18. Prohibition against conflict- of-interest representation; former clients. — In relation to former
clients, the following rules shall be observed:
a. A lawyer shall maintain the private confidences of a former client even after the termination of the
engagement, except upon the written informed consent of the former client, or as otherwise allowed
under the CPRA or other applicable laws or regulations, or when the information has become generally
known.
b. A lawyer shall not use information relating to the former representation, except as the CPRA or applicable
laws and regulations would permit or require with respect to a current or prospective client, or when the
information has become generally known.
c. Unless the former client gives written informed consent, a lawyer who has represented such client in a
legal matter shall not thereafter represent a prospective client in the same or related legal matter, where
the prospective client’s interests are materially adverse to the former client’s interests.

Materially adverse - material interest or pecuniary interest. E.g., In the previous case, you won
and caused the acquisition of a property in favor of the case. if you accept a new case that if won,
the same property shall be taken, then it becomes adverse to your former client.

Prepared by: Jed Sta. Monica | 53

 Section 19. Corporate lawyers; conflict of interest. — In relation to organizational clients, a lawyer who represents
a corporation or any organization does not, by virtue of such representation, necessarily represent any constituent
or affiliated organization, such as a parent or subsidiary.
A lawyer for a corporation or other organization, who is also a member of its board of directors or trustees, shall
determine whether the responsibilities of the two roles may conflict. In the event of the latter, the lawyer shall
disclose the conflict of interest to all concerned parties.

If you are representing Ayala Corporation, it does not mean that you are also representing Ayala
Lands. Even if San Miguel is a component of Ayala Corporation, it does not mean that you are a
counsel of San Miguel.

Q: Zonta club has a mother area and baby areas. Central Tuguegarao is the mother area and Nueva Vizcaya they
are the baby club. as director of the Nueva Vizcaya area, you are tasked to represent on behalf of the director of
the Central Tuguegarao. is this a case of conflict of interest?
A: If it shows that the representation will give rise to conflict of interest, then such representation must not be
encouraged.

Mabini Colleges, Inc. V. Atty. Pajarillo | A.C. No. 10687 | July 22, 2015

Mabini Colleges, Inc., to which Atty. Pajarillo is appointed as corporate secretary, applied for a loan with the Rural
Bank of Paracale (RBP). Atty. Pajarillo sent a letter to RBP to assure the latter of Mabini College's financial capacity
to pay the loan. RBP granted the loan application which was secured by a Real Estate Mortgage over the properties
of the complainant. Then after, RBP moved to foreclose the Real Estate Mortgage. Mabini Colleges Inc. filed a
complaint for Annulment of Mortgage against RBP. Atty. Pajarillo entered his appearance as counsel for RBP.

Was there a conflict of interest?

Yes. CPR prohibits a lawyer from representing new clients whose interests oppose those of a former client in any
manner, whether or not they are parties in the same action or on totally unrelated cases.

Mabini Colleges, Inc. is a party of the case to which Atty. Pajarillo is its corporate secretary, who is being
compensated for his retained legal services, and who acted in consonance to the interest of Mabini Colleges
transaction when he sent a letter to RBP to assure the latter of the financial capacity of the complainant to pay the
loan. RBP is a party of the same case, whose counsel is Atty. Pajarillo. The case involves an annulment of mortgage
filed by Mabini Colleges against RBP when they moved to foreclose the Real Estate Mortgage.

When Atty. Pajarillo entered as the counsel for RBP in the case for annulment of mortgage, he clearly acted against
the interest of the complainant, his former client. Notably, hefailed to show any written consent of all concerned
(particularly the complainant) given after a full disclosure of the facts representing conflicting interests.

Section 20. Legal services organization; conflict of interest. — A legal services organization is any private
organization, including a legal aid clinic, partnership, association, or corporation, whose primary purpose is to
provide free legal services.
A lawyer-client relationship shall arise only between the client and the handling lawyers of the legal services
organization. All the lawyers of the legal services organization who participated in the handling of a legal matter
shall be covered by the rule on conflict of interest and confidentiality.

Legal Service - any organization that provides free legal services

Prepared by: Jed Sta. Monica | 54

 Q: Is there a lawyer-client relationship that arises in the capacity of a lawyer as a member of the organization?
A: Yes. But A lawyer-client relationship shall arise only between the client and the handling lawyers of the legal
services organization.

In the history of CPRA, in its past provisions, when the plaintiff was able to secure the services of PAO,
the defendant, even if he is an indigent, cannot avail the services of the PAO anymore. But in the new
provision of CPRA, if one of the PAO lawyers has entertained the plaintiff, the other lawyer may represent
the defendant. A lawyer in an organization is still independent. The entire organization is not affected
when one lawyer has conflict of interest.
Section 21. Lawyers in government service; conflict of interest. — A lawyer currently serving in the government
shall not practice law privately, unless otherwise authorized by the Constitution, the law or applicable Civil Service
rules and regulations. If allowed, private practice shall be upon the express authority of the lawyer’s superior, for a
stated specified purpose or engagement, and only during an approved leave of absence. However, the lawyer shall
not represent an interest adverse to the government.

See Catu case.

Q: A lawyer is working in the Local Division in the Capital, who will the lawyer ask for permission?
A: Governor if he is directly under him. Or the immediate superior should follow (e.g., Division chief).

In the history, before the Civil Service rule, it should come from the department head. If you are in the DAR, for
instance, the secretary of DAR is the person to ask permission to. Now, it can be the division chief.

“If allowed” refers to those who are merely restricted such as senators. Those who are absolutely
prohibited cannot practice.

Section 22. Public Attorney’s Office; conflict of interest. — The Public Attorney’s Office is the primary legal aid
service office of the government. In the pursuit of its mandate under its charter, the Public Attorney’s Office shall
ensure ready access to its services by the marginalized sectors of society in a manner that takes into consideration
the avoidance of potential conflict of interest situations which will leave these marginalized parties unassisted by
counsel.
A conflict of interest of any of the lawyers of the Public Attorney’s Office incident to services rendered for the Office
shall be imputed only to the said lawyer and the lawyer’s direct supervisor. Such conflict of interest shall not
disqualify the rest of the lawyers from the Public Attorney’s Office from representing the affected client, upon full
disclosure to the latter and written informed consent.

Prepared by: Jed Sta. Monica | 55