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INTRODUCTION
The Canons of Professional Ethics was adopted in 1917 in the Philippines and served for seven
decades as the ethical compass of lawyers.
The role of the Code of Professional Responsibility in this jurisdiction is to be a principal source of
ethical rules for lawyers. It contributes to the Supreme Court in the growth, development and improvement
of legal education, and a significant milestone towards the growth, development and improvement of legal
ethics in the country.
Legal Ethics is defined as that branch of moral science, which treats of the duties which a member of
the legal profession owes to the public, to the court, to his professional brethren, and to his client.
The seven rules that govern the ethical behavior of a lawyer are:
1) The Philippine Constitution (Sec. 5, Art. VIII)
2) The Rules of Court (Rules 137-139 A and B)
3) The Civil Code
4) Special Statutes
5) The Code of Professional Responsibility
6) The New Code of Judicial Conduct (this includes: Canons of Judicial Ethics [1936], Code of Judicial
Conduct [1989])
7) Supreme Court decisions (this includes: Supreme Court orders and circulars)
A necessity in a democratic country:
Legal profession becomes a necessity in a democratic country (like the Philippines) because, in our
jurisdiction, the rights of individuals are determined in accordance with laws and established principles. For
an orderly administration of justice, persons knowledgeable in substantive and procedural law must handle
cases in court. Although an ordinary layman has the right to defend his cases in court, he is not
knowledgeable in law and procedure and may be taken advantaged by his adversary who is a lawyer.
Thus, courts ordinarily advise litigants to engage in such services.
What is ambulance chasing?
Ambulance chasing is the solicitation of almost any kind of legal business by an attorney, personally or
through an agent, in order to gain employment. It is abhorred in our jurisdiction.
Who may practice the law in the country?
Any person duly admitted as a member of the bar in accordance with procedural law and who is in good
and regular standing is entitled to practice law in the Philippines. Foreigners may not practice law.
An applicant for admission to the Philippine bar must have the following educational
requirements/qualifications pursuant to public policy: the lawyer must have pursued and
satisfactorily completed (a) four-year high school course in an authorized and recognized university,
college or school, (b) a course of study prescribed for a bachelors degree in arts or sciences, with political
science, logic, English, Spanish, history, or economics as a major or a field of concentration, and (c) a fouryear bachelors degree in law with completed course in civil law, commercial law, remedial law, criminal
law, political and international law, labor law, taxation, legal ethics and other subjects prescribed by the
Supreme Court.
The requirements for admission to the bar are the following:
1) a citizen of the Philippines
2) at least 21 years of age
3) good moral character
4) resident of the Philippines
5) must produce before the Supreme Court satisfactory evidence of good moral character, and that no
charges against him, involving moral turpitude, having been filed or are pending in any court in the
Philippines
Bar candidates are required to take review courses upon failure for three consecutive times in
the bar examinations. It must be shown to the satisfaction of the court that they have enrolled in and
passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law

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school. Likewise, the professors of the review subjects shall certify under oath the attendance and grades
of such candidates.
Practice of law means any activity, in or out of court, which requires the application of law or procedure.
Appearance in court or any tribunal, legal counseling or giving legal advice and drafting legal documents
are examples of practice of law. As held by the High Court, however, in Cayetano v. Monsod, to practice
law, a lawyer need not have a law office or appear in court. Legal research and counseling also constitute
practice of law.
The judiciary branch of government, represented by the Supreme Court, regulates the practice of law, as
stated under Sec. 5(5), Art. VIII of the Constitution.
When one loses his Filipino citizenship, his privilege to practice law in the Philippines is terminated.
However, upon reacquisition of the said citizenship, pursuant to RA 9225, his practice of law shall be
deemed never to have terminated his membership in the Philippine bar, but must first comply and secure
the following: 1) updating and payment in full of annual IBP membership dues and professional tax, 2)
completion of 36 credit hours of mandatory continuing legal education, 3) retaking of the lawyers oath.
In general, only those who are licensed to practice law can appear and handle cases in court, the following
are the exceptions: (see page 9-10).

HOMEWORK #1
Can a corporation practice law?
A corporation cannot practice law directly or indirectly by employing a lawyer to practice for it or to
appear for others for its benefit.
However, the corporation may hire a lawyer to handle a case for or against the corporation.
Who are the public officials who cannot practice law in the Philippines?
1) Judges and other officials or employees if the superior court
2) OSG officials and employees
3) Government prosecutors
4) President, VP, Cabinet members, their deputies and assistants
5) Constitutional Commissions Chairmen and members
6) Ombudsman and his deputies
7) Governors, city and municipal mayors
8) Those who by special law are prohibited from engaging in the practice of their legal profession
Who are the public officials with restrictions in the practice of law?
1) Senators and members of the HoR
2) Sanggunian members
3) Retired justice or judge
within one year from date of retirement
the magistrate cannot practice law in the particular court where he performed his judicial
duties
4) Civil service officers or employees without permit from their respective department heads
What are the restrictions in the practice of law on members of Congress/legislature?
1) Prohibited from appearing as counsel before any courts of justice, electoral tribunals or quasijudicial and administrative bodies. The prohibition includes the mere filing of a motion or any
pleading.
2) Neither can he allow his name to appear in such pleading by itself or as part of a firm name
under the signature of another qualified lawyer (because the signature of an agent amounts to a
signing of the prohibited lawyer-member of the legislature).
What are the restrictions in the practice of law by Sanggunian members?
Under the LGU Code, Sanggunian members 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

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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
4) Use property and personnel of the government except when the Sanggunian member
concerned is defending the interest of the government
Sec. 90, R.A. No. 7160 governs the practice of profession of elective local officials:
1) Members of the sangguniang panlalawigan, sangguniang panlungsod or sangguniang bayan
are required to hold regular sessions only at least once a week, and since the law itself grants
them the authority to practice their professions, engage in any occupation or teach in schools
outside session hours, there is no longer any need for them to secure prior permission or
authorization from any other person or office for any of these purposes.
2) As required by Civil Service regulations, Punong barangay is not forbidden to practice his
profession but shall procure prior permission or authorization from the head of his Department.
Also in Sec. 12, Rule XVIII of the Revised Civil Service Rules, he must obtain a prior written
permission of the Secretary of Interior and Local Government before he enters his appearance
as counsel for any party. Failure to do so is a violation of his oath.
What are the restrictions in the practice of law by retired justices and judges?
As a condition of the pension provided under R.A. No. 910, no retiring justice or judge of a court of
record or any city or municipal judge during the time that he is receiving said pension should
appear as counsel before any court in:
1) Any civil case wherein the government or any subdivision or instrumentality thereof is the
adverse party
2) Any criminal case wherein an officer or an employee of the government is accused of an
offense committed in relation to his office
3) Collect any fees for his appearance in any administrative proceedings to maintain an
interest adverse to the government, provincial or municipal, or to any of its legally
constituted officers
An individual litigant may be allowed to defend himself if the offense is punishable by an
imprisonment not exceeding 30 days. However, if the offense is punishable by more than six
months imprisonment, a counsel must defend him.
A juridical person/entity must always appear in court through a duly licensed member of the bar,
except in MTC, where its agent or officer who need not be a lawyer may represent the juridical
person or entity.
What is the fourfold duty of lawyers?
To society, the legal profession, the courts and their clients, in accordance with the values and
norms of the legal profession.
What does a lawyer owe to the court as provided by Canon 10 of the CPR?
Canon 10 A lawyer owes candor, fairness and good faith to the court.
Rule 10.02 A lawyer shall not knowingly misquote or misrepresent the contents of a paper,
the language or the argument of opposing counsel, or the text of a decision or authority, or
knowingly cite as law a provision already rendered inoperative by repeal or amendment, or
assert as a fact that which has not been proved.
This was held in Serana v. Sandiganbayan.
What is forum shopping?
Rule 12.02 A lawyer shall not file multiple actions arising from the same cause.
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. Lawyers first duty is not to their clients, as many suppose, but to the
administration of justice.
In case of conflict between the interest of the lawyer's client and the interest of the administration of
justice, which will prevail?
The interest of the administration of justice must be the first duty of a lawyer. His clients success is
subordinate to the proper administration of justice. He must always observe the law and the ethics

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of the profession, even if it meant losing. Some examples include: adequate preparation for a
speedy disposition and abiding by the procedures of the court, such as preliminary investigations,
court proceedings and appeals.
What are the duties of a lawyer under the Rules of Court?
In Section 20, Rule 138 of the Rules of Court:
1) To maintain allegiance to the RP and to support the Constitution and obey the laws of the
PH.
2) To observe and maintain the respect due to the courts of justice and judicial officers
3) To counsel or maintain such action or proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly debatable under the law
4) To employ, for the purposes of maintaining the causes confided to him, such means only
as are consistent with truth and honor, and never seek to mislead the judge or any judicial
officer by an artifice or false statement of fact or law
5) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets
of his client, and to accept no compensation in connection with his client's business except
from him or with his knowledge and approval
6) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged
7) Not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man's cause, from any corrupt motive or interest
8) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed
9) In the defense of a person accused of crime, by all fair and honorable means, regardless
of his personal opinion as to the guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or liberty, but by due process of
law
What is a counsel de oficio?
A lawyer appointed by the court to defend an accused who cannot afford to hire the services of
counsel.
Define notary public.
A person appointed by the court whose duty is to attest to the genuineness of any deed or writing
in order to render them available as evidence of facts stated therein and who is authorized by the
statute to administer various oaths.
What are the qualifications of a Notary Public?
1) Philippine citizen
2) Over 21 years of age
3) Philippine resident for at least 1 year and maintains a regular place of work or business in the
city or province where the commission is to be issued
4) Philippine bar member in good standing with clearance from the Office of the Bar Confidant of
the Supreme Court and the IBP
5) Must not have been convicted in the first instance of any crime involving moral turpitude
What is the jurisdiction and term of office of a notary public?
A notary public may perform notarial acts in any place within the territorial jurisdiction of the
commissioning court for a period of 2 years starting from the 1st day of January of the year in which
the commissioning is made unless earlier revoked or the Notary Public has resigned according to
these Rules and the Rules of Court.
What are the power and limitations of notaries public?
The general rule is that a Notary Public shall not perform a notarial act outside his jurisdiction and
his regular place of work or business, such as:
1) Jurats
2) Acknowledgements
3) Oaths and affirmations
4) Signature witnessing

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5) Any other act authorized by these Rules

6) Copy certifications
When may a notarial act be performed at the request of the parties?
Exceptions to the general rule a notarial act may be performed at the request of the parties in the
following sites located within his territorial jurisdiction:
1) Public offices, convention halls and similar places where oaths of office may be
administered
2) Public function areas in hotels and similar places for the signing of instruments or
documents requiring notarization
3) Hospitals and medical institutions where a party to the instruments or documents is
confined for treatment
4) Any place where a party to the instrument or document requiring notarization is under
detention.
What are the instances when a person shall not perform a notarial act?
1) The person is involved as signatory to the instrument or document:
Is not in the notarys presence at the time of the notarization
Is not personally known to the notary public or otherwise identified by the notary public
through competent evidence of identity as defined by these Rules
2) The certificate contains information known or believed to be false
3) The notarial certificate is incomplete
What are the instances when a notary public is disqualified from performing a notarial act?
1) Is a party to the instrument or document
2) Will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest,
cash, property, or other consideration, except as provided by these Rules and by law
3) Is a spouse, common-law partner, ancestor, descendant or relative by affinity or consanguinity of
the principal within the fourth civil degree
What are the instances when a notary a public may refuse to notarize even if the appropriate fee is
tendered?
1) When the notary knows or has good reason to believe that the notarial act or transaction is
unlawful or immoral
2) When the signatory shows a demeanor, which engenders in the mind of the notary public
reasonable doubt as to the formers knowledge of the consequences of the transaction requiring a
notarial act
3) If in the notarys judgment, the signatory is not acting in his/her own free will
4) If the document or instrument to be notarized is considered as an improper document by these
Rules
An improper document is a blank or incomplete instrument or document or without appropriate
notarial certification.

What are the contents of the concluding part of the notarial certificate?
1) The name of the notary public as exactly indicated in the commission
2) The serial number of the commission of the notary public
3) The words Notary Public and the province or city where the notary public is commissioned and
the office address of the notary public
4) The roll of attorneys number, the Professional Tax Receipt number and the place and date of
issuance thereof, and the IBP membership number.
What are the legal grounds for the revocations of a notarial commission?
The Executive Judge shall revoke a commission for any ground, which an application for commission
may be denied. In addition, the Executive Judge may revoke the commission of or impose sanctions
upon, any notary public who:
1) Fails to keep a notarial register

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2) Fails to make the appropriate entry or entries in his notarial register concerning his
notarial acts
3) Fails to send the copy of the entries to the Executive Judge within the first 10 days of the
month following
4) Fails to affix to acknowledgements the date of expiration of his commission
5) Fails to submit his notarial register, when filed, to the Executive Judge
6) Fails to make his report, within a reasonable time, to the Executive Judge concerning the
performance of his duties, as may be required by the judge
7) Fails to require the presence of the principal at the time of the notarial act
8) Fails to identify the principal on the basis of personal knowledge or competent evidence
9) Executes a false or incomplete certificate under Section 5, Rule IV
10) Knowingly performs or fails to perform any other at prohibited or mandated by these
Rules
11) Commits any other dereliction or act which in the judgment of the Executive Judge
constitutes good cause for the revocation of the commission or imposition of administrative
sanction

Section 5, Rule IV of Rules on Notarial Practice of 2004: False or Incomplete Certificate. - A notary
public shall not:
(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.
Define amicus curiae.
Amicus curiae is an experienced and impartial lawyer invited by the court to appear and help in the
disposition of the issues submitted to it. An amicus curiae appears in court not to represent any
particular party but only to assist the court.
Amicus curiae par excellance refers to a bar association who appear in court as a friend of the
court. It acts merely as a consultant to guide the court in a doubtful question or issue pending
before it.
Define of counsel and in-house counsel.
Of counsel is an experienced lawyer usually a retired Justice of the SC or CA employed by law firms
as consultants.
In-House counsel is one who acts as attorney for business though carried as an employee of that
business and not as an independent lawyer.
Define pro se and trial lawyer
Pro se is an appearance by a lawyer in his own behalf.
Trial lawyer is one who personally handles cases in court, quasi-judicial agencies or boards and
engages in actual trial work.

HOMEWORK #2
1. A lawyer received an acceptance fee for legal services in the amount of P100,000.00 from
his client. However, the lawyer failed to render such legal services. What is the legal obligation
of the lawyer when he failed to render legal services? What Canons did he violate under the
Code of Professional Responsibility?
Canon 15 A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his
clients.
Canon 17 A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and
confidence reposed in him.
Canon 18 A lawyer shall serve his client with competence and diligence.

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Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection
therewith shall render him liable.
Canon 19 A lawyer shall represent his client with zeal within the bounds of law.
Canon 20 A lawyer shall charge only fair and reasonable fees.
Rule 20.01 A lawyer shall be guided by the following factors in determining his fees: (see answer for
#10).
2. What are the two concepts of attorneys fees? Define each of them.
There are two commonly accepted concepts of attorneys fees, namely: 1) Ordinary; and 2) Extraordinary.
In its ordinary concept, an attorneys fee is the reasonable compensation paid to a lawyer by his client for
the legal services he has rendered to the latter.
In its extraordinary concept, attorneys fees are deemed indemnity for damages ordered by the court to be
paid by the losing party in litigation. The extraordinary concept of attorneys fees is the one contemplated
by Article 111 of the Labor Code, which is an exception to the declared policy of strict construction in the
awarding of attorneys fees.
Nowadays, it is an accepted practice for a lawyer to demand an acceptance fee from his prospective client.
Indeed, the lawyer has the right to recover from his client a fair and reasonable compensation for his
services except when he accepts a case pro bono or is appointed as counsel de oficio by the court. He
cannot demand unconscionable fees, that is, the amount in excessive and not proportionate to the
services he has rendered; such as:
1) The lawyer has committed professional misconduct;
2) Withdrawal from the case without just cause;
3) The lawyer has served conflicting interests;
4) In legal aid cases on the part of the practicing lawyer; and
5) When the lawyer is appointed as attorney de oficio to defend the accused in a particular criminal
case.
*Requisites for attorneys fee to accrue: 1) existence of attorney-client relationship, and 2) rendition by the
lawyer of services to the client.
3. When may a lawyer withdraw his services? What are the instances when a lawyer may
withdraw his services for good cause?
Canon 21 A lawyer shall preserve the confidences and secrets of his client even after the attorney-client
relation is terminated.
The moment complainant approached the then receptive lawyer-friend to seek legal advice, a veritable
lawyer-client relationship evolved between the two, which imposes upon the lawyer certain restrictions
circumscribed by the ethics of the profession.
At the end of the day, it appears clear to the court that respondent lawyer was actuated by the urge to
retaliate against the complainant without perhaps realizing that, in the process of giving vent to a negative
sentiment, she was violating the rule on confidentiality.
Canon 22 A lawyer shall withdraw his services only for good cause and upon notice appropriate in the
circumstances.
Rule 22.01 A lawyer may withdraw his services in any of the following instances:
1) When the client pursues an illegal or immoral course of conduct in connection with the matter he
is handling;
2) When the client insists that the lawyer pursue conduct violative of these canons and rules;
3) When his inability to work with co-counsel will not promote the best interest of the client;
4) When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;
5) When the client deliberately fails to pay the fees for the services or fails to comply with the
retainer agreement;

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

7) Other similar cases.
4. What is the legal obligation of a lawyer who withdraws or is discharged by the court?
Rule 22.02 A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn
over all papers and property to which the client is entitled, and shall cooperate with his successor in the
orderly transfer of the matter, including all information necessary for the proper handling of the matter.
Unless properly relieved, the counsel is responsible for the conduct of the case, and he is obligated by his
client and the court to do what the interest of his client requires until the end of litigation or his
representation is terminated formally and there is a termination of record. The counsel of record is
obligated to protect his clients interest until he is released from his professional relationship with his
client. Until his withdrawal shall have been approved, the lawyer remains counsel of record who is
expected by his client as well as by the court to do what the interests of his client require. The attorneyclient relation does not terminate until there is a withdrawal of record.
An attorney-client relationship is created by express or implied contract or when he is a court appointed
counsel such as when he is appointed as counsel de oficio to defend the accused in a criminal case. The
moment a lawyer renders legal services to a person, an attorney-client relationship is already created even
in the absence of an express agreement.
5. When may a lawyer decline to accept a case? If the case is not meritorious, what should the
lawyer do or advise his client?
A lawyer may decline to accept a case if it will violate his oath as a lawyer such as when a conflict of
interest exists. But in a criminal case, he may not decline to defend the accused even f he believes that he
is guilty. This is true if a lawyer is appointed as counsel de oficio to defend the accused who is poor.
Otherwise, the accused will be defenseless. Besides, the guilt or innocence of the accused is best left to
the judgment of the court.
If the case is not meritorious, the lawyer should be candid enough to his client and should decline the case.
He should instead advise the litigant to settle the case. Counsel needs to advise a client, ordinarily a
layman unaccustomed o the intricacies and vagaries of the law, concerning the objective merit of his case.
If counsel finds that his clients case cause lacks merit, then it is his bounden duty to advise accordingly.
6. What is the nature of the lawyers relationship with his client?
The lawyers relationship with his client is fiduciary, personal and strictly confidential.
It is the duty of a lawyer to defend the rights of his client and to exert utmost learning and ability as a
counselor at-law.
In his fiduciary relationship, the lawyer should not take undue advantage of his client. Well-settled is the
rule that with regard to money and property that come to his possession, the lawyer must render an
accounting to his client.
The high fiduciary and confidential relation of attorney and client requires that the lawyer should promptly
account for all the funds received from, or held by him for, the client. The fact that a lawyer has lien for his
attorneys fees on the money is in hand collected for his client does not relieve him from the obligation to
make a prompt accounting.
7. When is there representation of conflicting interests?
To reiterate, a lawyer is prohibited from representing conflicting interests. Otherwise, he is liable for
professional misconduct. If a lawyer who is privy to a persons interest or has previously rendered service
to him, he cannot appear for an opposite party in litigation. There is representation of conflicting interests
if the acceptance of a new retainer will require the lawyer to do anything, which will injuriously affect his
first client on any matter, which he represents.

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A lawyer is forbidden from representing a subsequent client against a former client when the subject
matter of the present controversy is related directly or indirectly, to the subject matter of the previous
litigating in which he appeared for the former client.
The proscription against representation of conflicting interests finds application where the conflicting
interests arise with regard to the same general matter and is applicable however slight such adverse
interest may be.
The fact that the conflict of interests is remote or merely probable does not make the prohibition
inoperative.
The termination of the relation of attorney and client provides no justification for a lawyer to represent an
interest adverse to or in conflict with that of the former client.
8. What is covered by the confidentiality rule in a lawyers-client relationship?
Without his clients consent, a lawyer cannot divulge any confidential information made by his client to him
in the course of his employment as counsel. The prohibition covers his secretary, stenographer or clerk.
The duration of prohibition is perpetual. It lasts even after the termination of the case and even after the
death of his client.
The reason for the rule is that the client is fully free to disclose all the facts of the case to enable the
lawyer to adequately defend the cause of his client and will not be subjected to surprises.
9. What is the rule on termination of attorney-client relationship?
The client has the right to terminate or discharge his attorney at any time with or without cause. The right
of the client to terminate or discharge his lawyer is based on trust and confidence. A lawyer is aware that
his client can discharge him at any stage of the proceedings at any time the client loses his confidence in
him.
This rule is based on the principle of a personal and highly confidential nature of relationship of the
attorney and the client. The only limitation of the right of the client to discharge his lawyer is the payment
of services rendered by the lawyer.
On the other hand, the lawyer may terminate his relationship with his client only for a good cause as
enumerated under Rule 22.01 of the CPR. In practice, the lawyer has to file a motion for withdrawal of
appearance with the consent of his client. The withdrawal of appearance must still be approved by the
court even if the client has already consented.
10. What is quantum meruit? When does it apply?
Quantum meruit means much as what the lawyer deserves to be paid. The following factors determine
quantum meruit in accord with Rule 20.01 of the CPR:
1) Time spent;
2) Skills needed;
3) Novelty of the case;
4) Contingency;
5) Customary rate;
6) Professional standing;
7) Importance of case value;
8) Loss of other employment;
9) Character of the employment; and
10) The value of the subject matter of the case.
Quantum meruit applies in the following cases:
1) When there is no express contract;
2) The contract is for unconscionable amount;
3) The contract is void; or
4) The lawyer did not finish the case.

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11. What is contingent fee contract?

They are permitted in this jurisdiction because they redound to the benefit of the poor client and the
lawyer especially in cases where the client has meritorious cause of action, but no means with which to
pay for legal services unless he can, with the sanction of law, make a contract for a contingent fee to be
paid out of the proceeds of litigation. Oftentimes, the contingent fee arrangement is the only means by
which the poor clients can have their rights vindicated and upheld.
A contingent fee contract shall control in the determination of the amount to be paid, unless found by the
court to be unconscionable or unreasonable. Attorneys fees are unconscionable if they affront ones sense
of justice, decency or reasonableness.
Contingent fee contracts are subject to the supervision and close scrutiny of the court in order that clients
may be protected from unjust charges. A much higher compensation is allowed as contingent fees because
of the risk that the lawyer may get nothing if the suit fails.
There are also statutory limitations in the amount of attorneys fees such as in labor cases and in the case
of veterans claims and pension benefits.
12. What is attorneys lien? What are the two kinds of attorneys lien?
An attorneys lien may be availed of by the lawyer to protect himself from unscrupulous clients who
unjustly refused to pay despite his financial capacity to do so.
Attorneys lien is either retaining lien or charging lien:
A retaining lien means that the lawyer has the right to retain documents and papers that come to his
possession until his attorneys fees are fully paid.
On the other hand, the charging lien applies in claims for money where the lawyer states on record during
the proceeding of the agreement with his client to pay certain amount of his compensation.
13. What is champertous contract?
One where the lawyer stipulates with his client that he will bear all of the expenses for the recovery of
things or property being claimed by the client, and the latter agrees to pay the former a portion of the
thing or property recovered as compensation, if it is void for being against public policy.
14. What are the kinds of liabilities of a lawyer?
In the performance of his duties, the lawyer can be held liable civilly and criminally for various acts stated
herein.
15. When my lawyers be held criminally liable?
1) Art. 208 and 209; RPC dereliction of duty and betrayal of public trust;
2) Art. 172; RPC knowingly introducing falsified documents in a judicial proceeding; and
3) For estafa for misappropriating the funds of their clients.
16. When are lawyers liable under Article 1491 of the Civil Code? What are the cited grounds?
Grounds:
1) Breach of fiduciary relation;
2) Purchase of property;
3) Unauthorized appearance; and under Sec. 21, Rule 138
4) Breach of duties to the bar;
5) Encroaching upon case of another lawyer;
6) Appearing for conflicting interests;
7) Gross negligence or gross ignorance;
8) Revelation of secrets of the client;
9) Misappropriation of funds of his client; and

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10) Purchase of the property of his client in the course of his employment.
Prohibited purchase of property in litigation:
A lawyer is prohibited from purchasing the property of his client, which was the subject of the case he was
handling. The reason for the rule is to prevent any undue influence of the lawyer upon his client on account
of his fiduciary and confidential relation with him.
The direct or indirect acquisition of the property under litigation is covered. The lawyer who violated the
rule is guilty of breach of professional ethics and malpractice, which is a ground for disbarment.
17. What is contempt of court?
It means the power to punish for contempt against any lawyer or person for gross disrespect of the court,
open defiance of court order or obstruction of justice. The lawyer runs the risk of being held liable for
contempt of court in the performance of his duties. The act of a disbarred lawyer of representing himself as
a lawyer despite his prior disbarment is contumacious.
18. What are the kinds of contempt of court? Define each of them.
a) Direct contempt (contempt in facie curiae) misbehavior committed in the presence of or so near a
court or judge so as to obstruct or interrupt the proceedings before the same, including disrespect toward
the court, and can be punished summarily without hearing.
b) Indirect contempt an act committed outside the court such as disobedience to lawful court order or
tending to degrade or obstruct administration of justice. In such as case, the lawyer is given a chance to
defend himself in a hearing held for the purpose.
c) Civil contempt committed by a lawyer by his failure to do something ordered by the court, which is for
the benefit of a party. And criminal contempt consists of any conduct directed against the authority or
dignity of the court.

Source:
Cosico (2011). pp. 23-36.

FEBRUARY 15-22, 2014

1. Respondent notarized a document outside his notarial jurisdiction. What offenses did he
commit administratively and criminally? What Canon did he violate under the Code of
Professional Responsibility?
Respondents act of notarizing documents in a place outside of or beyond the authority granted by his
notarial commission, partakes of malpractice of law and falsification. By such malpractice as a notary
public, respondent likewise violated Canon 7; CPR, which directs every lawyer to uphold at all times the
integrity and dignity of the legal profession (Tan Tiong Bio v. Gonzales, 530 SCRA 748 [2007]). (p. 37)
2. What is the duty of a lawyer with respect to his opposing counsel?
In the performance of his duties as counsel, the lawyer has to defend his client to the best of his ability and
should treat hi opposing counsel with courtesy, dignity and civility. In his pleadings and arguments, he
should use only language as befitting an advocate. He should not resort to personalities and should avoid
personal peculiarities and idiosyncrasies of his opposing counsel. (p. 38)
3. What is the IBP? Is membership in the IBP mandatory or discretionary?
Canon 8; CPR
A lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues,
and shall avoid harassing tactics against opposing counsel. (p. 36)
After taking his oath, a lawyer automatically becomes a member of the Integrated Bar of the Philippines
(IBP). The IBP is an official unification of the entire lawyer population (Re: Letter of Atty. Cecilio Y. Arevalo,

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Jr., 458 SCRA 209 [2005]) in order that all persons admitted to the practice of law shall comply with their
duties under their oath. Membership in the IBP is mandatory. (p. 39)
4. Give three objectives of the IBP in general.
In general, the objectives of the IBP under Sec. 2; Rule 139-A of the Rules of Court are:
1. To elevate the standards of the legal profession;
2. To improve the administration of justice; and
3. To enable the bar to discharge its public responsibility more effectively. (p. 39)
5. What is the term of office and qualifications of an official of the IBP?
The IBP is a non-partisan and non-profit organization. Its officials are elected for a term of two years.
Lawyers holding an elective, judicial, quasi-judicial or prosecutor office in the Government or any political
subdivision or instrumentality thereof are not qualified for election or appointment in any position in the
IBP or any chapter thereof.
Voluntary termination of membership is allowed under Sec. 11; Rule 139-A of the Rules of Court but such a
procedure is not resorted to for the reason that the member who filed a written notice of termination shall
forthwith cease to be a member and his name shall be stricken by the Supreme Court from the Roll of
Attorneys. (p. 39-40)
6. What is the duty of a lawyer with respect to the cause of the defenseless or the oppressed?
Rule 2.01; CPR
A lawyer shall not reject, except for valid reasons the cause of the defenseless or the oppressed. (p. 41)
7. What are the MCLE requirements of completion? Who are exempted from compliance with
the MCLE requirements of completion?
Members of the IBP, unless exempted under Rule 7, shall complete every three (3) years at least 36 hours
of continuing legal education activities.
Parties exempted from the MCLE:
1. The President, Vice-President, and the Secretaries and undersecretaries of executive
departments
2. Senators and members of the House of Representatives
3. The Chief Justice and Associate Justices of the SC, incumbent and retired justices of the judiciary,
incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the
Philja Program of Continuing Legal Education
4. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of
Justice
5. The Solicitor General and the Assistant Solicitor General
6. The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel
7. The Chairman and members of the Constitutional Commissions
8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special
Prosecutor of the Office of the Ombudsman
9. Heads of government agencies exercising quasi-judicial functions
10. Incumbent deans, bar reviewers and professors of law who have teaching experience for at
least 10 years in accredited law schools
11. The Chancellor, Vice-Chancellor and members of the Corps of Professorial Lecturers of Philja
12. Governors and mayors
Other exempted parties:
1. Those who are not in law practice, private or public
2. Those who have retired from the practice with the approval of the IBP Board of Governors
3. Or, by a good cause for exemption from or modification of requirement. (p. 43-44)
8. What is the effect of non-compliance with the MCLE requirements?

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A member who fails to comply with the requirements after the 60-day period shall be listed as delinquent
member by the IBP Board of Governors upon recommendation of the Committee on MCLE.
The listings as a delinquent member is administrative in nature but shall be made with notice and hearing
by the Committee on MCLE.
Canon 6: These canons shall apply to lawyers in government service in the discharge of their official tasks.
(p. 44)
9. What are the restrictions against former officials from accepting certain employment?
Rule 6.03; CPR
A lawyer shall not, after leaving the government service, accept engagement or employment in connection
with any matter in which he had intervened while in said service.
Sec. 7(b); RA 6713 prohibits any former public official or employee for a period of one year after retirement
or separation from office to practice his profession in connection with any other matter before the office he
used to be with. (p. 45)
10. What are the unprofessional acts under Canon 28 of the Canons of Professional Ethics?
A lawyer shall not have any corrupt motive, interest or encourage any suit or proceeding. Among the
unprofessional acts enumerated under Canon 28 of the Canons of Professional Ethics are the following:
1. Volunteering advice to bring lawsuit, except in rare cases where ties of blood, relationship or
trust make it his duty to do so;
2. Hunting up defects in titles or other causes of action and informing thereof in order to be
employed to bring suit or collect judgment, or to breed litigation by seeking out those claims for
personal injuries or those having any other grounds of action in order to secure them as clients;
3. Employing agents or runners for like purposes;
4. Paying reward, directly or indirectly, to those who bring or influence the bringing of such cases to
his office;
5. Remunerating policemen, court of prison officials, physicians, hospital attaches or others who
may succeed, under the guise of giving disinterested friendly advice, in influencing the criminal, the
sick and the injured, the ignorant or others, to seek professional services;
6. Initiating a meeting of the members of a club and inducing them to organize and contest
legislation under his guidance;
7. Purchasing notes to collect them by litigation at a profit;
8. Furnishing credit reports in expectation of possible employment; and
9. Agreeing with a purchaser of future interests to invest therein in consideration of his services. (p.
45-46)
11. State the duty of a lawyer to defend indigent litigants.
The role of a lawyer is to represent the poor and the underprivileged in pursuing their claims or defending
their rights. He should not refuse to defend the accused even if he believes that he is guilty. After all, the
guilt or innocence od the accused is best left to the wisdom of the court. (p. 46)
12. What are the duties of an attorney under Sec. 20, Rule 138 of the Rules of Court?
Section 20; Rule 138 enumerates the duties of attorneys, viz:
1. To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey
the laws of the Philippines;
2. To observe and maintain the respect due to the courts of justice and judicial officers;
3. To counsel or maintain such actions or proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable under the law;
4. To employ, for the purpose of maintaining the causes confided to him, such means only as are
consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an
artifice or false statement of fact or law;

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5. To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his
client, and to accept no compensation in connection with his clients business except from him or with his
knowledge and approval;
6. To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;
7. Not to encourage either the commencement or the continuance of an action or proceeding, or
delay any mans cause, for any corrupt motive or interest;
8. Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
9. In the defense of a person accused of a crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to present every defense that the law permits, to
the end that no person may be deprived of life or liberty, but by due process of law. (p. 47)
13. What are the grounds for disciplinary action under Sec. 27, Rule 138?
Under Section 27; Rule 138 of the Rules of Court, a lawyer may be suspended or disbarred from the
practice of law for any of the following grounds:
1. Deceit
2. Malpractice
3. Gross misconduct in office
4. Conviction of a crime involving moral turpitude
5. Grossly immoral conduct
6. Violation of the lawyers oath
7. Willful disobedience to lawful order of the court
8. Corruptly appearing as lawyer for a party without authority to do so; and
9. Solicitation of cases at law for the purpose of gain either personally or through paid agents and
bankers
The above grounds are broad enough to cover any misconduct of a lawyer in his professional or private
capacity. (p. 48)
14. What are the other statutory grounds?
a. Acquisition of an interest in the subject matter of the litigation, either through purchase or assignment
(Art. 1491; Civil Code);
b. Breach of professional duty, inexcusable negligence or ignorance, or for the revelation of the clients
secrets (Art. 209; RPC);
c. Representing conflicting interests (Art. 209; RPC) (p. 48)
15. What is the general rule as to the suspension or disbarment for misconduct of a lawyer in
his non-professional or private capacity? What are the exceptions?
The general rule is that a lawyer may not be suspended or disbarred for misconduct in his non-professional
or private capacity. Exception: If the misconduct is so gross as to show him to be wanting in moral
character, honesty, probity and demeanor. (p. 48)
16. Where may a complaint for disbarment be filed? Please state the procedure.
Proceedings for disciplinary actions against lawyer may be initiated and prosecuted by the IBP Board of
Governors motu proprio or upon referral by the Supreme Court or by the Board of Officers of an IBP
Chapter even if no private individual files any administrative complaint.
In administrative proceedings against lawyers, the burden of proof rests on the complainant and the case
against the respondent lawyer must be established by a clear, convincing and satisfactory proof. The
reason for the rule is that: The profession of an attorney is acquired after long and laborious study. It is a
lifetime profession. (p. 49)
17. What is now the prevailing Code of Judicial Conduct?

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The New Code of Judicial Conduct, which became effective on June 1, 2004 is now the prevailing Code of
Judicial Conduct as it has superseded the Canons of Judicial Ethics and the 1989 Code of Judicial Conduct.
The New Code was adopted by the Supreme Court in response to the clamor for a universal code of judicial
conduct. Its adoption became imperative to update and correlate the 1989 Code of Judicial Conduct and
the Canons of Judicial Ethics adopted in the Philippines. (p. 50)
18. In case of deficiency or absence of specific provisions in the New Code of Judicial Conduct
what rule shall be applicable?
In case of deficiency or absence of specific provisions in this New Code, the Canons of Judicial Ethics and
the 1989 Code of Judicial Conduct shall be applicable in a suppletory character. (p. 51)
19. When did the New Code of Judicial Conduct become effective?
June 1, 2004. (p. 50)
20. How many Canons does the New Code of Judicial Conduct contain? Enumerate each Canon.
The New Code of Judicial Conduct contains six (6) Canons, namely:
1. Canon 1 on Independence;
2. Canon 2 on Integrity;
3. Canon 3 on Impartiality;
4. Canon 4 on Propriety;
5. Canon 5 on Equality; and
6. Canon 6 on Competence and Diligence. (p. 52)

MARCH 1, 2014: THE HISTORY OF THE NEW CODE OF JUDICIAL CONDUCT

1. Who represented the Philippine Supreme Court at the Round Table Meeting of Chief Justices
held at the Peace Palace, the Hague, during the period Nov. 25-26, 2002 where the Bangladore
draft of the Code of Judicial Conduct was adopted?
Former Chief Justice Hilario G. Davide, Jr. and then Senior Associate Justice Reynato S. Puno represented
the Philippine Supreme Court. The Bangladore draft of the Code of Judicial Conduct was adopted by the
Judicial Group on Strengthening of Judicial Integrity and following refinements in the Philippines, the New
Code of Judicial Conduct was finally adopted by the Supreme Court en banc. (p. 51)
2. Are judges and justices disqualified from participating in a case because they have written
legal articles on the law involved in the case?
In Chavez v. Public Estates Authority, 403 SCRA 533 (2003), the Court held that judges and justices are not
disqualified from participating in a case simply because they have written legal articles on the law involved
in the case.
Judges should avoid side remarks, hasty conclusions, loose statements or gratuitous utterances that
suggest they are prejudging the case. Judges should refrain from making any comment on a pending case.
Comments indicating that the judge formed an opinion as to the outcome of the case before hearing
evidence and argument are improper. (p. 57)
3. What are the legal grounds for the disqualification of judges?
Sec. 5; Canon 3: Impartiality
Judges shall disqualify themselves from participating in any proceedings in which they are unable to
decide the matter impartially. Such proceedings include, but are not limited to, instances where:
1. The judge has actual bias or prejudice concerning a party or personal knowledge of disputed
evidentiary facts concerning the proceedings.
2. The judge previously served as a lawyer or was a material witness in the matter in controversy.
3. The judge or a member of his family, has an economic interest in the outcome of the controversy.

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4. The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in
controversy, or a former associate of the judge served as counsel during their association, or the
judge or lawyer was material witness therein.
5. The judges ruling in a lower court is the subject of review.
6. The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or
to counsel within the fourth civil degree; or
7. The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any
other interest that could be substantially affected by the outcome of the proceedings. (p. 58-59)
4. Is the filing of an administrative case against a judge a ground for disqualification on the
ground of bias and prejudice? How about reasons of strained relationship, animosity and
hostility between a judge and a party or counsel?
Bias and prejudice cannot be presumed but must be proven with clear and convincing evidence. However,
the mere filing of an administrative case against a judge is not a ground for disqualification on the ground
of bias and prejudice (Aparicio v. Andal, 175 SCRA 569 [1989]; Mantaring v. Roman, Jr., 254 SCRA 158
[1996]). Even reasons of strained relationship, animosity and hostility between a judge and a party or
counsel are not grounds for disqualification (Villapando v. Quitain, 75 SCRA 24 [1997]). (p. 58)
5. A judge did not recuse herself in a criminal case where the accused was her brother-in-law
because the accused became her brother-in-law after the case had been submitted for
decision. Did the judge violate the rule on compulsory disqualification?
Sec. 4; Canon 4: Propriety
Judges shall not participate in the determination of a case in which any member of their family represents
a litigant or is associated in any manner with the case.
A judge violated the rule on compulsory disqualification when she did not recuse herself in a criminal case
where the accused was her brother-in-law even if only after the case had been submitted for decision that
the accused became her brother-in-law (Ubarra v. Mapalad, 220 SCRA 226). (p. 61)
6. Are Municipal Judges allowed to administer oaths or execute certificates on matters related
to their official functions? P. 63
Sec. 11, Canon 4: Propriety
Judges shall not practice law whilst the holder of judicial office.
Municipal judges can administer oaths or execute certificates on matters related to their official functions.
However, it was held that the act of a judge in notarizing a pleading in a case which is not pending in that
judges sala (Ellert v. Galapon Jr., 336 SCRA 566 [2000]), or in notarizing private documents (Villareal v.
Diongson, 345 SCRA 321 [2000]) constitutes unlawful practice of law in violation of the Code of Judicial
Conduct as implemented by Supreme Court Circular No. 1-90.
7. Are judges and members of their families allowed to accept any gift, bequest, loan or favor
in relation to anything done or to be done or omitted to be done by him or her in connection
with the performance of judicial duties? How about court staff or others subject to their
influence, etc.
Sec. 13, Canon 4: Propriety
Judges and members of their families shall neither ask for nor accept, any gift, bequest, loan or favor in
relation to anything done or to be done or omitted to be done by him or her in connection with the
performance of judicial duties.
Sec. 14, Canon 4: Propriety
Judges shall not knowingly permit court staff or others subject to their influence, direction or authority, to
ask for, or accept, any gift, bequest, loan or favor in relation to anything done, or to be done or omitted to
be done in connection with their duties or functions.

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8. What is the rule on receipt of token gifts, etc. How about gifts and grants from foreign
countries?
Sec. 15, Canon 4: Propriety
Subject to law and to any legal requirements of public disclosure, judges may receive a token gift, award
or benefit as appropriate to the occasion on which it is made, provided that such gift, award or benefit
might not reasonably be perceived as intended to influence the judge in the performance of official duties
or otherwise give rise to an appearance of partiality.
As to gifts and grants from foreign countries, Sec. 7(d); RA 6713 allows the following:
1. Souvenir gift of nominal value or given as a mark of courtesy;
2. Gift in the nature of scholarship, fellowship grant or medical treatment; or
3. Travel grants or expenses for travel taking place entirely outside the Philippines (such as
allowances, transportation, food and lodging) of more than nominal value if such acceptance is consistent
with the interest of the Philippines, and permitted by the head office, branch or agency to which the judge
belongs. (p. 64)
9. Is every error or irregularity committed by a judge in the performance of official duties
subject to administrative sanction? How about erroneous order or decision? What is the rule in
the presence of good faith on the part of judges?
Judges are not, however, expected to be infallible, not every error or irregularity committed by judges in
the performance of official duties is subject to administrative sanction. In the absence of bad faith, fraud,
dishonesty, or deliberate intent to do injustice, incorrect rulings do not constitute misconduct and may not
give rise to a charge of gross ignorance of the law (Cruz v. Ituralde, 402 SCRA 68, [2003]).
Thus, judges are not liable, for every erroneous order or decision; otherwise, the judicial office becomes
unbearable and they will be the objects of endless harassment (Dantes v. Caguioa, 461 SCRA 236 [2005]).
Good faith and absence of malice or corruption are sufficient defenses to charges of ignorance of the law
(Chan v. Lantion, 468 SFRA 37 [2005]). However, the Supreme Court admonished that good faith,
however, in situations of fallible discretion involves only within the parameters of tolerable judgment and
does not apply where the issues are so simple and the applicable legal principles evident and basic as to
be beyond possible margin of error (Dantes v. Caguioa, supra). (p. 68)
10. What are the two principal sources of international law?
The Constitution incorporates the two principal sources of international law general or customary norms
and conventional norms. Subject to conditions set forth in the fundamental law, both customary and
conventional norms of international law are part of Philippine law.
Customary norms are binding on all States. They are norms of international law referred to in Sec. 2, Art. 2
of the Constitution, which provides that the Philippines adopt the generally accepted principles of
international law as part of the law of the land.
As to conventional or treaty law, the Constitution in Sec. 21, Art 7 prescribes that when at least two-thirds
of all the members of the Senate concur in a treaty or international agreement, it may become part of
Philippine domestic law. (p. 68)
11. What is the rule on the rendition of judicial decisions, orders, etc.
Sec. 5; Canon 6: Competence and Diligence
Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and
with reasonable promptness.
The core of the judicial function is to administer justice impartially and without delay. A judge must also
deal efficiently with administrative responsibilities. (p. 69)
12. What is the penalty for habitual tardiness/judicial indolence on the part of judges?

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In Yu-Asensi v. Villanueva, 322 SCRA 255 (2000), the respondent judge was found guilty of serious
misconduct and inefficiency by reason of habitual tardiness. He was fined and suspended for judicial
indolence. (p. 70)