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Legal Ethics Updates

CODE OF PROFESSIONAL RESPONSIBILITY


JUSTICE HECTOR L. HOFILEA
CANON 1 - A lawyer shall uphold the constitution, obey the laws of the land and promote
respect for law and the legal processes.

A.C. No. 7747, July 14, 2008 CATHERINE & HENRY YU vs. ATTY. ANTONIUTTI K.
PALANA

CANON 1 - A lawyer shall uphold the constitution, obey the laws of the land and promote
respect for law and the legal processes.
Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

A.C. No. 8382, April 21, 2010 ALFREDO B. ROA vs. ATTY. JUAN R.
MORENO

A.C. No. 8392. June 29, 2010 ROSARIO T. MECARAL vs. ATTY. DANILO
S.VELASQUEZ

A.C. No. 8390, July 2, 2010 A-1 FINANCIAL SERVICES, INC. vs. ATTY.
LAARNI N. VALERIO

A.C. No. 6238, August 24, 2010 ATTY. LUZVIMINDA R. A LUSTESTICA vs.
ATTY. SERGIO R. BERNABE

A.C. No. 8391. November 23, 2010 Manuel C. YuhicoVs. Atty. Fred L. Gutierrez

Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.

A.C. No. 5338. February 23, 2009, EUGENIA MENDOZA vs. ATTY. VICTOR
V. DECIEMBRE

A.C. No. 6273, March 15, 2010, ATTY. ILLUMINADA M. VAFLOR-FABOA v.


ATTY. OSCAR PAGUINTO

CANON 6 These canons shall apply to lawyers in government service in the discharge of their
official tasks.

A.C. No. 8096, July 5, 2010, REY A. VARGAS, et al. vs. ATTY. MICHAEL A.
IGNES, et al.

Rule 6.03. A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in the said service.

A.M. NO. 08-6-352-RTC, August 19, 2009, QUERY OF ATTY. KAREN M.


SILVERIO-BUFFE, FORMER Clerk of Court BRANCH 81, ROMBLON,
ROMBLON

A.M. NO. 10-5-7-SC, December 7, 2010, Jovito S. Olaza vs. Jusitce Dante
O.Tinga (Ret.)

CANON 7. A lawyer shall at all times uphold the integrity and dignity of the legal profession ,
and support the activities of the integrated bar.
Rule 7.03. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice
law, nor should he, whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession.

A.C. No. 8010, June 16, 2009 KELD STEMMERIK vs. ATTY. LEONUEL N.
MAS

A.C. No. 2655. October 12, 2010 Leonard W. Richards vs. Patricio A. Asoy

A.C. No 6593, February 4, 2010 MAELOTISEA S. GARRIDO vs. ATTYS.


ANGEL E GARRIDO and ROMANA P. VALENCIA.

CANON 8 A lawyer shall conduct himself with courtesy, fairness and candor towards his
professional colleagues, and shall void harassing tactics against opposing counsel.

A.C. No 5768, March 26, 2010 ATTY. BONIFACIO T. BARANDON, JR. vs. ATTY.
EDWIN Z. FERRER, SR.

Rule 8.02 A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer.

A.C. No. 6672, September 4, 2009 PEDRO L. LINSANGAN vs. NICODEMUS


TOLENTINO

CANON 9. A LAWYER SHALL NOT DIRECTLY OR INDIRECTLY ASSIST IN THE


UNAUTHORIZED PRACICE OF LAW
Rule 9.01. A lawyer shall not delegate to any unqualified person the performance of any task
which by law may only be performed by a member of the bar in good standing.

A.C. No. 7036, June 29, 2009, JUDGE LILY LYDIA A. LAQUINDANUM vs.
ATTY. NESTOR Q. QUINTANA

Rule 9.02 A lawyer shall not divide or stipulate to divide a fee for legal services with persons
not licensed to practice law;

A.C. No. 8243. July 24, 2009, ROLANDO B. PACANA, JR. vs. ATTY.
MARICEL PASCUAL-LOPEZ

CANON 10 A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE


COURT.
Rule 10.01. A lawyer shall not allow any falsehood, nor consent to the doing of any in court;
nor shall he mislead or allow the court to be misled by any artifice

A.C. No. 7084, February 27, 2009, CONRADO G. FERNANDEZ vs. ATTY.
ANGELICA P. DE RAMOS-VILLALON

A.C. No. 8620. January 12, 2011, Jessie R. De Leon vs. Atty. Eduardo G. Castelo

Rule 10.03 . A lawyer shall observe the rules of procedure and shall not misuse them to defeat
the ends of justice.

A.C. No. 7054. December 4, 2009, CONRADO N. QUE vs. ATTY.


ANASTACIO REVILLA, JR.

A.C. No. 5859. November 23, 2010, Atty. Carmen Leonor M. Alcantara, et al. vs.
Atty. Eduardo C. de Vera

CANON 11 A lawyer shall observe and maintain the respect due to the courts and to judicial
officers and should insist in similar conduct by others.
Rule 11.03. A lawyer shall abstain from scandalous, offensive and menacing language or
behavior before the courts.

A.C. No. 6567, April 16, 2008, JOSE C. SABERON vs. ATTY. FERNANDO T.
LARONG

Rule 11.04 A lawyer shall not attribute to a judge motives not supported by the record or
having no materiality to the case.

G.R. No. 171008, October 24, 2008, CARMELITA FUDOT vs. CATTLEYLA
LAND, INC.

CANON 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and
efficient administration of justice.
Rule 12.02. A lawyer shall not file multiple actions arising from the same cause.

A.C. No. 8481, August 3, 2010 ATTY. JOSABETH B. ALONSO, ET AL. vs.
ATTY. IBARO B. RELAMIDA, JR.

Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda
or briefs, let the period lapse without submitting the same or offering an explanation for his
failure to do so..

A.C. No. 7129. July 16, 2008 FIL-GARCIA, INC., etc. vs. ATTY. CRESENTE
C. HERNANDEZ

Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or
misuse court processes.

A.C. No. 5955. September 8, 2009 JOHN CHRISTEN S. HEGNA vs. ATTY.
GOERING G. C. PADERANGA

CANON 13. A lawyer shall rely upon the merits of his cause and refrain from any impropriety
which tends to influence or gives the appearance of influencing the court

G.R. No. 157384, June 5, 2009 ERLINDA I. BILDNER vs. ERLINDA K. ILUSORIO
and ATTY. MANUEL SINGSON

Rule 13.02 - A lawyer shall not make public statements to the media regarding a pending case,
tending to arouse public opinion for or against a party.

A.C. No. 7199, July 22, 2009 FOODSPHERE, INC. vs. ATTY, MELANIO L.
MAURICIO, JR.

CANON 15 - A lawyer shall observe candor, fairness and loyalty in all his dealings with his
client.
Rule 15.03 A lawyer shall not represent conflicting interest except by written consent of all
concerned given after a full disclosure of the facts.

A.C. No. 6876, March 7, 2008 HEIRS OF LYDIO TERRY FALAME, et al. vs.
ATTY EDGAR BAGUIO

A.C. No. 8243. July 24, 2009 ROLANDO B. PACANA, JR. vs. ATTY.
MARICEL PASCUAL-LOPEZ

CANON 16 A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF


HIS CLIENT THAT MAY COME INTO HIS POSSESSION.

A.C. No. 7657. February 12, 2008 VILLANUEVA vs. GONZALES

A.C. No. 5195. April 16, 2009 NELIA PASUMBAL DE CHAVEZ-BLANCO vs. ATTY.
JAIME LUMASAG, JR.

A.C. No. 8380. November 20, 2009 ARELLANO UNIVERSITY, INC. vs. ATTY.
LEOVIGILDO H. MIJARES III

A.C. No. 8159, April 23, 2010 REYNARIA BARCENAS vs. ATTY. ANORLITO A.
ALVERO

A.C. No. 8253. March 15, 2011 Erlinda R. TarogVs. Atty. Romulo L. Ricafort

CANON 16 A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF


HIS CLIENT THAT MAY COME INTO HIS POSSESSION.
Rule 16.03. A lawyer shall deliver the funds and property of his client when due or upon
demand. However, he shall have a lien over the funds and may apply so much thereof as may be
necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his
client. He shall also have a lien to the same extent on all judgments he has secured for his clients
provided for in the Rules of Court.

G.R. No. 161390. April 16, 2008 SESBREO vs. COURT OF APPEALS

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.

A.C. No. 7181, February 6, 2009, MARIA ANGALAN, ET AL., v. ATTY. LEONIDO F.
DELANTE

A.C. No. 7027. January 30, 2009, TANNU REDDI vs. ATTY. DIOSDADO C.
SERBIO,

CANON 18 A LAWYER SHALL SERVE HIS CLIENT WTH COMPETENCE AND


DILIGENCE.

A.C. No. 7902. September 30, 2008, TORBEN V. OVERGAARD vs. ATTY. GODWIN
R. VALDEZ

Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him and his negligence in
connection therewith shall render him liable.

A.C. No. 6121. July 31, 2009, TRINIDAD H. CAMARA, ET AL. vs. ATTY.
OSCAR ARMODY REYES

A.C. No. 7815, July 23, 2009, DOLORES C. BELLEZA vs. ATTY. ALAN S.
MACASA

A.C. No. 8252, July 21, 2009, NATIVIDAD UY vs. ATTY. BRAULIO
TANSINSIN

A.C. No. 7433. December 23, 2009, CESAR TALENTO AND MODESTA
HERRERA TALENTO vs. ATTY AGUSTIN F. PANEDA

CANON 18 A LAWYER SHALL SERVE HIS CLIENT WTH COMPETENCE AND


DILIGENCE.
Rule 18.04. A lawyer shall keep the client informed of the status of his case and shall respond
within a reasonable time to the clients request for information.

A.C. No. 8158, February 24, 2010, ATTY. ELMER C, SOLIDON vs. ATTY.
RAMIL L. MACALALAD

A.C No. 7907. December 15, 2010, Spouses Virgilio and Angelina ArandaVs.
Atty. Emmanuel F. Elayda

CANON 19 A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN


THE BOUNDS OF THE LAW.
Rule 19.01. A lawyer shall employ only fair and honest means to attain the lawful objectives of
his client and shall not present, participate in presenting or threaten to present unfounded
criminal charges to obtain n improper advantage in any case or proceeding.

A.C. NO. 5731, June 18, 2010 RURAL BANK OF CALAPE, INC. (RBCI) vs.
ATTY. BENEDICT FLORIDO

CANON 20 A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

G.R. No. 169298, July 9, 2008 LAW FIRM OF TUNGOL & TIBAYAN vs. COURT OF
APPEALS

A.C. No. 6166. October 2, 2009 MARIA EARL BEVERLY C. CENIZA vs. ATTY.
VIVIAN G. RUBIA

Rule 20.03. A lawyer shall not, without the full knowledge and consent of the client, accept any
fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from anyone other than the client.

A.C. No. 4973, March 15, 2010 SPOUSES MANUEL C. RAFOLS, JR. and
LOLITA B. RAFOLS vs. ATTY. RICARDO G. BARRIOS, JR.

CANON 21 A LAWYER SHALL PRESERVE THE CONFIDENCES AND SECRETS OF


THE CLIENT.

A.C. No. 8242. October 2, 2009 REBECCA J. PALM vs. ATTY. FELIPE ILEDAN, JR.
REINSTATEMENT

A.C. No. 7472, March 30, 2010 LIGAYA MANIAGO vs. ATTY. LOURDES L.
DE DIOS

(Note: This ruling was applied in Carlos Reyes vs. Atty. Jeremias Vistan, etc., A.C. No. 5835.
August 10, 2010)

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