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Any person who has an obligation to promote justice and effective operation of
the judicial system. This includes judges, the attorneys who appear in court,
bailiffs, clerks, and other personnel. As officers of the court lawyers have an
absolute ethical duty to tell judges the truth, including avoiding dishonesty or
evasion about reasons the attorney or his/her client is not appearing, the
Why is an attorney considered an location of documents and other matters related to conduct of the courts
Canon 1 13-15 14 2
officer of the court?
Pursuant to Canon 1 of the Code of Professional Responsibility, a lawyer shall
uphold the Constitution, obey the laws of the land and promote respect for law
and for legal process. Holding such responsibility, a lawyer becomes an officer
of the court for he has an obligation to promote justice and effective operation
of the judicial system. Section 20, Rule 20 of the Rules of Court reinforces said
duty of lawyers to assist in the administration of justice. Also, by taking the
lawyers oath, a lawyer becomes the guardian of truth and the rule of law and
an indispensable instrument in the fair and impartial administration of justice
and that constitutes being an officer of the court.
a. to the Court
a) to the Court
A lawyers prime importance is to observe and maintain the respect
due to the courts of justice and judicial officers, his conduct before the
court should be characterize with candor, truthfulness and fairness. He
is required to respect or defend against criticisms the Courts, uphold its
authority and dignity, obey its orders and processes, and assist in the
administration of justice.
b) to fellow lawyer
Discuss briefly the duties of a A lawyer should strive at all times to uphold the honor and maintain
lawyer to: (1) his client; (2) the the dignity of the legal profession. He should deal with his fellow
court; (3) his colleagues in the lawyers with candor, fairness, courtesy and truthfulness. He should also
Canon 1 13-15 14 4 avoid any encroachment in the business of other lawyers.
profession; (4) the community.
c) to the clients
As an agent of his client, a lawyer is expected to be vigilant in the
prosecution or defense of his clients rights. An attorney owes his client
an undivided allegiance and fidelity.
Legal Ethics denotes that body of principles by which the conduct of members
of the legal profession is controlled. It is that branch of moral science which
treats of the duties which an attorney at law owes to his clients, to the courts,
Define legal ethics. Enumerate its to the bar and to the public.
Canon 1 13-15 14 6
principal sources.
The principal sources of Legal Ethics in the Philippines are the Canons of
Professional Ethics, the Supreme Court decisions, Statistics, the Constitution,
Treaties and Publications.
The lawyers oath is not a mere ceremony or formality for practicing law. Every
lawyer should at all times weigh his actions according to the sworn promises he
Editors Note:
State in substance the lawyers makes when taking the lawyers oath. If all lawyers conducted themselves
Canon 1 13-15 14 7
oath of office. strictly according to the lawyers oath and the Code of Professional
Lawyers Oath p. 438 Mem Aid
Responsibility, the administration of justice will be undoubtedly fairer, faster
and easier for everyone concerned.
Canon 1 13-15 14 8 Canon 1, Rule 1.03 What is your understanding of that A lawyer shall not delay the legal proceedings of his client in order to increase
. part of the lawyers oath which his chances of increasing his earnings from the said case. A lawyer should make
states, I will delay no man for necessary acts to ensure the closure of his clients cases with the utmost care at
money? the fastest span of time for a lawyer owes such to his clients. The client's life,
liberty or property is at stake in every case, he is entitled to a lawyer who acts
for him as is rightly so.
a) Duties to Society
State the four-fold duties of a b) Duties to the Legal Profession
Canon 1 13-15 14 10
lawyer. c) Duties to the Court
d) Duties to the Client
Canon 1 13-15 14 11 What is considered the first and First and foremost, lawyers owe a "fiduciary duty" to their clients. That means
foremost duty of a lawyer? Explain. attorneys must act in accordance with principles of complete loyalty to the
clients interests. There is a complicated body of law that regulates attorney-
client conflicts of interest, but the basic proposition is that an attorney cannot
take any position in conflict with the client.
1. A lawyer shall at all times uphold the integrity and dignity of the
legal profession, and support the activities of the integrated bar.
(Canon 7, CPR)
A lawyer shall exert every effort and consider his duty to assist in
the speedy and efficient administration of justice. (Canon 12, CPR)
5. A lawyer shall observe candor, fairness and loyalty in all his
dealings and transactions with his client. (Canon 15, CPR)
The significance of the oath is that it not only impresses upon the attorney his
responsibilities but it also stamps him as an officer of the court with rights,
powers and duties as important as those of the judges themselves. It is a
State the significance of the source of his obligations and its violation is a ground for his suspension,
lawyers oath. What in effect, does disbarment or other disciplinary action. (Agpalo, Legal Ethics, 1992 ed., p.59)
Agpalo, Legal Ethics, 1992 ed., a lawyer represent to a client when
Canon 1 13-15 14 13 By accepting a retainer, he impliedly represents that (A) he possesses the
p.59 he accepts a professional
employment for his services? (2003 competence required for the practice of his profession; (B) he will exert his best
bar exams) judgment in the prosecution or defense of his clients cause; (C) he will exercise
reasonable and ordinary diligence; and (D) he will take such steps as will
adequately guard his clients interest. In brief, that he will abide by his lawyers
oath that he will conduct himself to the best of his knowledge and discretion
with all good fidelity as well to the courts as to his client.
Editors Note: a. A lawyer was apprehended with a. Conduct, as used in this Rule, is not limited to conduct exhibited in
Rule 1.01 37-42 19 2 200 cartons of untaxed and connection with the performance of professional duties. An attorney may be
a. Funa, p. 29 smuggled blue seal cigarettes removed not only for malpractice and dishonesty in his profession, but also for
merely to accommodate a friend. gross misconduct not related to his professional duties which show him to be
b. Balinon vs. De Leon, AC No. Proceedings to disbar him are an unfit and unworthy lawyer.
104, 1984 commenced, and he defends
himself with the plea that his act of
transporting the blue seal b. Although the act imputed to Attorney Z had no relation with his professional
untaxed and smuggled cigarettes duties, it should be remembered that a member of the bar may be removed or
had no relation to the practice of suspended from office as lawyer also for gross misconduct not related to his
law, and that he cannot therefore professional duties which show him to be an unfit and unworthy lawyer.
be disbarred for that reason. Moreover, we can state that Attorney Z was able to prepare the affidavit in
Resolve the issue, giving your question because he is a lawyer, and has rendered professional service to
reasons. himself as a client. He surely employed his knowledge of the law and skill as an
attorney to his advantage. As to Attorney X, it is incumbent upon him at least
b. Attorney X, barely 22 years old, to guard against having anything to do with an illegal or immoral arrangement.
and just beginning his practice of
law, to accommodate Attorney Z, an
old legal practitioner in whose law
office X was accepted as an
associate, and out of respect and
gratitude to his benefactor Z,
ratified in his capacity as notary
public a document personally
prepared by Z, in which the latter
and Y agreed to live together as
husband and wife without the
benefit of marriage, and either or
both of them may marry after one
year should the opportunity arise.
Lawyer A, while a bachelor, While it has been held in disbarment cases that the mere fact of sexual
Rule 1.01 37-42 19 5 cohabited with B, a married woman relations between two unmarried adults is not sufficient to warrant
whose husband is living with administrative sanction for such illicit behavior, it is not so with respect to
another woman. When A married C, betrayals of the marital vow of infidelity. Sexual relations outside marriage is
B filed a complaint for disbarment considered disgraceful and immoral as it manifests deliberate disregard of the
against him for immorality. Will the sanctity of marriage and the marital vows protected by the Constitution and
complaint prosper? (1971 bar affirmed by our laws.
exams)
What is the significance in the The practice of law is a privilege accorded only to those who measure up to
practice of law of the quotation: certain rigid standards or mental and moral fitness. It is not the mere earning
Non quod licet honestum est (Not of money for legal service. But, while it is, under present social conditions, a
Rule 1.01 37-42 19 6
everything that is permitted is "means of livelihood" its purpose is rendering service as a means to the due
honorable). Explain. (1972 bar administration of justice. Honesty in business is one thing - in a profession, it is
exams) a far higher thing. A thing may be lawful, and yet not honorable.
Being a comparatively new body, the Integrated Bar has not yet had much
impact on the ethical mores of the legal profession. Nonetheless, certain
provisions in Rule 139-A give clear signs that it can be a potent agency in the
maintenance of high ethical standards of the profession. It is, for instance,
charged with the task of preparing a code which will embody canons of
professional responsibility. Again, it is empowered to formulate grievance
procedures whereby errant members of the bar can be disciplined. Once these
are completed, the Integrated Bar will have gone a long way in contributing its
share to the maintenance of high moral standards among the members of the
legal profession.
YES. Attorney X can be disbarred for committing a grossly immoral act. In the
Rule 1.01 37-42 19 9 Quingwa v. Puno
Attorney X brought A, single case of Quingwa vs Puno, it was held that Atty. Armando Puno committed a
and a public school teacher, to the grossly immoral conduct in having sexual intercourse with Flora Quingwa with
Paradise Motel and had carnal the promise that she will marry her. Atty. Puno was disbarred for violating the
knowledge of her on the promise of fundamental ethics of the legal profession. Rule 1.01 Canon 1 provides that a
marriage. Attorney X however, had lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.
no intention of marrying A. For this In the case at bar, it is clear that there is a willful, flagrant, shameless act that
reason, A filed a complaint of for was committed by Atty. X.
disbarment against X on the ground
of gross immorality and misconduct. His contention that the complained act does not constitute a ground for
Attorney X proved at the hearing disbarment is untenable. Good moral character is a requisite for the practice of
that A voluntarily submitted to him law and it is a continuing requirement.
and that the act complained of does
not constitute a ground for
disbarment or suspension under the
rules of court. May he be disbarred?
Discuss?
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach
of contract by an attorney that causes harm to his or her client. In order to rise
10. What constitutes malpractice?
Rule 1.01 37-42 19 10 to an actionable level of negligence, the injured party must show that the
Explain.
attorney's acts were not merely the result of poor strategy, but that they were
the result of errors that no reasonable attorney would make.
Moral acts are based on an internal and possibly external sense of what is
What is legal is moral. Comment
Rule 1.01 37-42 19 11 inherently Right or Good. Legal acts are simply acts that conform to the law. In
on the correctness or incorrectness
this line, there is correctness that what is legal is moral however, there are acts
of this proposition.
that are legalized but to some they are against public morals. With this, there
are different perceptions with the line. The meaning of this line is relative. For
some, a legal act is a moral act but to others a legal act is not always a moral
act. Ex. Lotto- it is legal but to some it is against public morals
Rule 1.01 37-42 19 13 Alleging that Atty. Malibu seduced Atty. Malibus contention is untenable. The act committed by Atty. Malibu is
her when she was only 16 years old, grossly immoral. One of the requirements for the admission to the bar is of
which resulted in her pregnancy and good moral character. This requirement is continuing thus Atty. Malibus
the birth of a baby girl, Miss contention is untenable. A member of the bar should have moral integrity in
Magayon filed a complaint for his addition to moral probity.
disbarment seven years after the
alleged seduction was committed.
Atty. Malibu contended that,
considering the period of delay, the
complainant filed against him can
no longer entertained much less
prosecuted because the alleged
offense has already prescribed. Is
Atty. Malibus contention tenable or
not?
A) Atty. Bb is liable for the payment of the loan. Hes attempt to escape from
Editors Note: the liability he incurred from his loan will subject him to disciplinary action. In
such case, the IBP may subject him to disciplinary action for being immoral for
Please see the Guidelines for ignoring the demands made by the secretary of the IBP to demand the
Rule 1.01 37-42 19 16 Imposing Lawyer Sanctions by payment of such loan. As a lawyer, the Code of Professional Responsibility
the IBP-CBD at mandates every lawyer to act with competence and morality. In Rule 1.01 it is
http://www.ibp.ph/d06.html clear A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
for clarifications and additional conduct. Hence, Atty.BB is acting immorally.
information.
B) No, his contention has no merit. The IBP has the power to discipline the
members of the bar even in their private capacity.
Atty A contention is of no merit. The IBP has its own power to discipline
lawyers to protect the interest of the public. The purpose of lawyer discipline
proceedings is to protect the public and the administration of justice from
Rule 1.01 37-42 19 17 lawyers who have not discharged, will not discharge, or are unlikely to
discharge properly their professional duties to clients, the public, the legal
system, and the legal profession. Hence the IBP has the right to discipline Atty
A.
Editors Note:
X contention is untenable; he can be disbarred despite the pardon given by the
chief Executive. Pardon only affects the criminal liability of the accused but not
Answer provided is in contrast
Rule 1.01 37-42 19 18 the obligation and responsibility of a lawyer as a member of the legal
with No. 3, Rule 1.01. Further
profession. The purpose of the rule is to maintain the credibility and integrity
research for the purpose of
of the legal profession.
clarification is recommended.
Rule 1.02 In Re: Santiago, A.C. No. Atty Asilo, a lawyer and a notary
923, June 21, 1940 public, notarized a document Atty. Asilo violated Rule 1.02 of the CPR - a lawyer shall not counsel or abet
A lawyer shall 44-44 1 1 already prepared by spouses Roger activities aimed at defiance of the law or at lessening confidence in the legal
not counsel or Panganiban v. Borromeo, and Luisa when they approached system. An agreement between two spouses to live separately from each other
abet activities 58 Phil.367 him. It is stated in the document and either one could have a live-in partner with full consent of the other, is
aimed at that Roger and Luisa formally contrary to law and morals. The ratification by a notary public who is a lawyer
defiance of the In Re: Bucana, A.C. No. agreed to live separately from each of such illegal or immoral contract or document constitutes malpractice or
law or at 1637, July 6, 1976 other and neither one can have live- gross misconduct in office. He should at least refrain from its consummation.
lessening in partner with full consent of the
confidence in other. What is the liability of Asilo, (In Re: Santiago, A.C. No.
the legal if any? 923, June 21, 1940; Panganiban v. Borromeo, 58 Phil.367; In Re: Bucana, A.C.
system. No. 1637, July 6, 1976)
Barratry is the offense of frequently stirring up quarrels and suits, either at law
or otherwise. Ambulance chasing, on the other hand, is a popular name for one
who solicits negligence cases for an attorney. It is a term descriptive of the
Rule 1.03 46-47 3 2 Barratry vs Ambulance Chasing
practice of some attorneys, on hearing of a personal injury which may have
been caused by the negligence or wrongful act of another, of at once seeking
out the injured person with a view to securing authority to bring action on
account of the injury.
No answer was provided by the assigned individual despite diligent effort.
Editors Note: No. The acts of Attorney X do not fall under the definition of
Rule 1.03 46-47 3 3 barratry as evidenced by his efforts of advising his cousins to extra-judicially
settle the partition. His advice to B to sought judicial redress came merely after
it was proven that they cannot extra-judicially settle the estate of their parents.
Rule 1.04
Lawyers cannot, without special authority, compromise their clients litigation
Editors Note:
or receive anything in discharge of a clients claim, but the full amount in cash.
A lawyer shall
A compromise agreement signed by a lawyer in behalf of a party to the
encourage his Diaz vs. Kapunan, G.R. No.
agreement signed by a lawyer in behalf of a party to the agreement without
clients to avoid, 48-49 3 1 8045049, December 1923
the authorization of said party or client is not void, but merely unenforceable.
end or settle a (Lawyer, though acting in good
An agreement between a lawyer and his client that forbids the client from
controversy if it faith, agreed to a stipulation in
entering a settlement without a lawyers consent is against public policy and
will admit of a consideration of a money).
impermissible.
fair settlement.
Editors Note: No. The acts of the lawyer does not fall within the ambit of
ambulance chasing for it was not evident that he sought the injured person in
Rule 1.04 48-49 3 2
order to gain employment; it was purely co-incidental that he was on the same
road as he was driving home from his law office. Instead, his act of
volunteering to amicably settle the case to the satisfaction of both parties was
in accordance to Rule. 104
Canon 2
A lawyer shall
make his legal
services
available in an
efficient and
convenient - 0 0
manner
compatible with
the
independence,
integrity and
effective-ness of
the profession.
Rule 2.01
A lawyer shall
- 0 0
not reject,
except for valid
reasons, the
cause of the
defenseless or
the oppressed.
Rule 2.02
In such cases,
even if the
lawyer does not
accept a case,
he shall not
refuse to render
legal advice to - 0 0
the person
concerned if
only to the
extent
necessary to
safeguard the
latters rights.
Rule 2.03
Editors Note: According to Rule 2.03, a lawyer has a duty to shun vulgar solicitation. It is
deemed highly unethical for a lawyer to advertise his talents or skill as a
A lawyer shall Why is law a profession and not a
56-60 15 1 Legal Profession vs. Business, merchant advertises his wares. Law is a profession and not a trade. The lawyer
not do or permit trade?
p. 442, Mem Aid, Agpalo, 2009 himself and his profession who stoops to and adopts the practices of
to be done any
p. 117 mercantilism by advertising his services or offering them to the public.
act designed
primarily to
solicit legal
business.
Rule 2.03 56-60 15 4 Cantiller vs. Potenciano Is the practice of law a business?
The practice of law is not a business. (Cantiller v Potenciano) It is a profession
in which duty to the public service, not money is the primary consideration.
Lawyering is not primarily meant to be a money-making venture, and law
advocacy is not a capital that necessarily yields profit.
The X Chapter of the Integrated a. No. The Integrated Bar of the Philippines builds programs for the indigent
Bar of the Philippines renders legal people who were abuse and have no means to engage a service of a lawyer. In
Rule 2.03 56-60 15 10 assistance through its members, this situation, if a lawyer gave his service he supports the IBP he brings integrity
free of charge, to any person who is and dignity in his behavior and conduct.
without means to enforce or defend
a right. Any such person may call at b. Yes. If the lawyer himself promote such activities. He advertises his service
the Chapter Office at (address) at the expense of the IBP.
during office hours for
consultation.
The lawyer who advertises his service violated Rule 2.03. In this case, the
lawyer does not only advertise his legal services, but also advertises the
Rule 2.03 56-60 15 11 annulment of marriage. A lawyer is bound to protect the Constitution and the
laws of the land. However, the lawyers promote the destruction of marriage
which the law protects.
D. Ethical. In this case, the lawyer has no intention of promoting his services
through the newspaper on the ground the he have no control to his client.
E. Unethical. A lawyer who gave his services free of charge is ethical, however,
as frequent scenario will degrade other lawyers service fees.
In advertising through calling cards, a lawyer may only indicate his name, the
name of a law firm where he belongs, his address, telephone number and
special branch of law practice. In the said case, he did not put his name but his
friends name, which the people were misled.
Editors Note:
Rule 2.03 56-60 15 13 Editors Note: The calling card in the instant case belongs to the businessman
Linsangan vs. Tolentino, AC No.
friend in whose store the lawyers office is also located. While this information
6672, Semptember 2009
is true the details about the lawyer in the businessman friends calling card
should have not been included so as not to appear as an advertisement.
Related jurisprudence: Linsangan vs. Tolentino, AC No. 6672, September 2009
which involves the use of calling card bearing a paralegals name.
No. the advertising made by the lawyer degrades the legal profession. In
advertising a lawyers services, he may only include: his name; addresses;
Khan, Jr. vs. Simbillo, AC No. telephone number; branch of law practice; admission to the bar; and
Rule 2.03 56-60 15 14
5299, August 2003 membership and offices in bar association. In this case, data advertised were
not one of the information enumerated. Also, he promotes annulment of
marriage, in which the law protects such marriage.
Rule 2.04
A businessman is looking for a new
retainer. He approached you and NO. Rule 2.04 Canon 2 provides that a lawyer shall not charge rates lower
A lawyer shall
asked for your schedule of fees or than those customarily prescribed unless the circumstances so warrant. In the
not charge rates
charges. He informed you of the case at bar, it is not the circumstance that is contemplated by the rule. The
lower than
professional fees he is presently quality and standard of legal services would suffer if lawyers and law firms
those 60-61 2 1
paying his retainer, which is actually were engaged in cut-throat competition that is by lowering legal fees to attract
customarily
lower than your rates. He said that clients.
prescribed
if your rates are lower, he would
unless the
engage your services. Will you lower
circumstances
your rates in order to get the client?
so warrant.
Canon 3
A lawyer in
making known
his legal
services shall
- 0 0
use only true,
hones, fair,
dignified and
objective
information or
statement of
facts
Rule 3.01
A lawyer shall
not use or
permit the use
of any false,
fraudulent,
misleading,
deceptive, - 0 0
undignified,
self-laudatory
or unfair
statement or
claim regarding
his
qualifications or
legal services
Rule 3.02
Yes. A law firm may continue to use the name of a deceased partner, provided
In the choice of that they communicate that said partner is already deceased. According to Rule
a firm name, no 3.02 of the Code of Professional Responsibility, "In the choice of a firm name,
70-70 2 1 May a law firm continue to use the
false, no false, misleading or assumed name shall be used. The continued use of the
name of a deceased partner?
misleading or name of a deceased partner is permissible provided that the firm indicates in
assumed name all its communications that said partner is deceased.
shall be used.
The continued
use of the name
of a deceased
partner is
permissible
provided that
the firm
indicates in all
its
communications
that said
partner is
deceased.
Rule 3.03 (a) What are the prohibitions in the a. According to Sec. 14, Article VI of the 1987 constitution, members of the
practice of law imposed by the legislative who are lawyers may practice law provided that they may not
Where a partner 74-75 4 1 constitution on lawyers who are "personally appear as counsel before any court of justice or before the
accepts public members of the Congress of the electoral tribunal, or quasi-judicial and other administrative bodies.
office, he shall Philippines?
withdraw from b. Yes, since one of the inhibitions is to appear as counsel before an
the firm and his (b) X was a prominent corporate administrative body, X will be violating Sec 14, Article VI of the 1987
name shall be and tax lawyer with many Constitution, and Rule 3.03 of the CPR which states that "Where a partner
dropped from corporations as clients on annual accepts public office, he shall withdraw from the firm and his name shall be
the firm name retainer basis when he was elected dropped from the firm name unless the law allows him to practice law
unless the law to the HOR in the last elections. concurrently."
allows him to Would he be violating any law or
practice law canon of legal ethics by continuing
concurrently. his law practice and appearing for
his clients in court cases particularly
in administrative proceedings?
Atty. Delfo, a partner in the law firm Yes there is an impropriety in this case. It is commendable and proper that his
of Delfo, Hernando, Cabildo & name was dropped from the firm due to his appointment as Deputy Minister.
Domingo, is appointed Deputy According to 9-A, Par. 2, of the 1987 Constitution, Ombudsman and his
Minister (now Undersecretary) of deputies are prohibited from practicing other occupation.
Rule 3.03 74-75 4 3 Justice. His name is dropped from
the firm name, but in the firm But the retention made, indicating that he is "on leave" suggests that he is still
stationery, his name continues to be practicing but is temporarily restricted of whatever reason and could be
listed with those of the other misleading to the public. This is a violation of According to Rule 3.02 of the
attorneys, with the explanatory Code of Professional Responsibilty, "In the choice of a firm name, no false,
notation that he is "on leave". Is misleading or assumed name shall be used."
there any impropriety in this?
Additionally it is also in violation of Rule 3.03 "Where a partner accepts public
office, he shall withdraw from the firm and his name shall be dropped from the
firm name unless the law allows him to practice law concurrently."
The answer must be qualified. I believe he can represent his son-in-law. Sec.
90, Par b, Title 3, of RA 7160 (Local Government Code), "Sanggunian members
who are also members of the Bar shall not
Rule 3.04
A lawyer shall - 0 0
not pay or give
anything of
value to
representatives
of the mass
media in
anticipation of,
or in return for,
publicity to
attract legal
business.
Canon 4
A lawyer shall
participate in
the
development of
the legal system
by initiating or - 0 0
supporting
efforts in law
reform and in
the
improvement of
the
administration
of justice.
Canon 5
A lawyer shall
keep abreast of
legal
developments,
participate in (a) Atty. Oldie, 80 years old, refuses (a) His contention is not correct, he is not exempt from the IBP dues given that
Editors Note:
continuing legal to pay his IBP dues. He argues that he is only semi-retired. To keep abreast of legal developments, and fulfill the
education he is a senior citizen and semi- duties of a member of the bar, are binding to all lawyers, even extending to
a. In the Matter of IBP senior citizens. "CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
programs, retired from the practice of law.
Membership Dues Delinquency DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS,
support efforts Therefore, he should be exempt
of Atty. Marcial A. Edillion (IBP SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL
to achieve high from paying IBP dues. Is he correct?
81-81 3 1 Administrative Case No. MDD- AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
standards in law
1)
schools as well (b) For the same reasons, he also DISSEMINATING INFORMATION REGARDING THE LAW AND JURISPRUDENCE."
as in the insists that he should be exempt
b. list of Parties and Other
practical from the Mandatory Continuing
Partiles Exempted from the
training of law Legal Education. Should he be
MLCE, p. 444, Mem Aid (b) Again as mention in the previous question, he is not exempt.
students and exempt?
assist in
disseminating
information
regarding the
law and
jurisprudence.
Editors Note:
State the aims and objectives
Canon 5 81-81 3 2 sought to be accomplished by the MCLE helps lawyers to be abreast of the law and the legal developments, and
Bar Matter 850: Mandatory
MCLE. for them to participate in the continuing legal education programs. Lawyers
Legal Education or MCLE
must be made conscious of their responsibilities. Into their hands are
p. 444, Mem Aid committed the property, the liberty, and sometimes the lives of their clients.
With this, lawyers must be of a high degree of intelligence and knowledge of
the law. This is pursuant to Canon 5 of the Code of professional responsibility.
Canon 6 Editors Note: D was charged with estafa by C Yes, he is in violation of the CANON 6 - THESE CANONS SHALL APPLY TO
before the barangay. In the LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL
These canons Penticostes vs. Ibanez AC CBD settlement of the case, D turned TASKS. It is a well know rule that higher standard of integrity is required from
86-86 1 1 government lawyers than private practitioners. The Code of Professional
shall apply to No. 167 March 1999 (Almost over to the Barangay Captain, a
lawyers in similar facts, involves a lawyer, the amount of 2,000 with Responsibility does not cease to apply to a lawyer simply because he has joined
government prosecutor who failed to remit request that the barangay captain the government service.
service in the the amount as contribution in turn over the money to C. Several
discharge of arrears to SSS.) months passed without C being
their official advised of the status of her
tasks. complaint. C contacted D who
informed her that D had long before
turned over the money to the
Barangay Captain. C thus filed a
case against the barangay captain.
May the Barangay Captain be
faulted administratively?
Rule 6.01
The primary
duty of a lawyer
engaged in
public
prosecution is According to Rule 6.01 of the Code of Professional Responsibilty. The primary
not to convict duty of a lawyer engaged in public prosecution is not to convict but to see that
Discuss briefly the role and
but to see that justice is done. The suppression of facts or the concealment of witnesses
88-88 2 1 obligation of prosecutor in the
justice is done. capable of establishing the innocence of the accused is highly reprehensible
conduct of cases.
The suppression and is cause for disciplinary action.
of facts or the
concealment of
witnesses
capable of
establishing the
innocence of
the accused is
highly
reprehensible
and is cause for
disciplinary
action.
Rule 6.02
A lawyer in the
government
service shall not
use his public
- 0 0
position to
promote or
advance his
private
interests, nor
allow the latter
to interfere with
his public
duties.
Rule 6.03
A lawyer shall
not, after
leaving
government
service, accept
engagement or 90-90 0 0
employment in
connection with
any matter in
which he had
intervened
while in said
service.
Canon 7
A lawyer will find his highest honor if he upholds the integrity and dignity of
A lawyer shall at the legal profession. Correspondingly, he advances the honor of his
all times uphold profession and the best interests of his clients when he renders service or gives
97-99 11 1 In what, above all, will a lawyer find advice tending to impress upon the client and his undertaking exact compliance
the integrity
his highest honor? with the strictest principles of moral law. He must also observe and advice his
and dignity of
the legal client to observe the statute law, though until a statute shall have been
profession and construed and interpreted by competent adjudication he is free and is entitled
support the to advise as to its validity and as to what he conscientiously believes to be its
activities of the just meaning and extent. But above all a lawyer will find his highest honor in a
integrated bar. deserved reputation for fidelity to private trust and to public duty, as an honest
man and as a patriotic and loyal citizen.
Editors Note:
But above all a lawyer will find his highest honor in a deserved reputation for
fidelity to private trust and to public duty, as an honest man and as a patriotic
and loyal citizen, Code of Professional Ethics
Integration of the Philippine Bar means the official national unification of the
Editors Note: What is the meaning of Integration entire lawyer population of the Philippines. This requires membership and
Canon 7 97-99 11 3 financial support (in reasonable amount) of every attorney as conditions sine
of the Philippine Bar?
Funa, p. 93 qua non to the practice of law and the retention of his name in the Roll of
Attorneys of the Supreme Court.
(5) Provide a forum for the discussion of law, jurisprudence, law reform,
pleading, practice and procedure, and the relations of the Bar to the
Bench and to the public, and publish information relating thereto;
Integration of the Bar will, among other things, make it possible for the legal
profession to:
(2) Protect lawyers and litigants against the abuse of tyrannical judges
and prosecuting officers;
(4) Shield the judiciary, which traditionally cannot defend itself except
within its own forum, from the assaults that politics and self-interest
may level at it, and assist it to maintain its integrity, impartiality and
independence;
(8) Provide placement services, and establish legal aid offices and set up
lawyer reference services throughout the country so that the poor may
not lack competent legal service;
(13) Conduct campaigns to educate the people on their legal rights and
obligations, on the importance of preventive legal advice, and on the
functions and duties of the Filipino lawyer; and
State in your own words the Complete unification is not possible unless it is decreed by an entity with the
purposes of the Integrated Bar of power to do so. The Integrated Bar of the Philippines comes into being not
Canon 7 97-99 11 6 the Philippines and the relevance of only to ascertain the advisability of the integration of the bar but also to serve
the Integrated Bar itself to the as an instrument by the Supreme Court to unite lawyers, since they were
community of lawyers in this coming many in number and tends to be disassociated and fragmented. They
country. are bereft of the force of unity needed to propel the Bar to loftier heights than
the voluntary Bar associations which had remained mostly social aggrupation
(e) May a member of the Integrated (c) All lawyers are required to be members of the Integrated Bar.
Bar voluntarily terminate his
(d) Pursuant to Section 10 of Rule 139-A of the Rules of Court, default in the
membership? What is the effect
payment of annual due for six months shall warrant suspension of membership
upon such member if his
in the Integrated Bar, and default in such payment for one year shall be a
membership is terminated?
ground for the removal of the name of the delinquent member from the Roll of
Attorneys. This is, however, understood to be subject to due process meaning
a notice and an opportunity to explain.
(e) Yes. Pursuant to Section 11 of Rule 139-A of the Rules of Court, a member
ay terminate his membership by filing a written notice to that effect with the
Secretary of the Integrated Bar, who shall immediately bring the matter to the
attention of the Supreme Court. Forthwith he shall cease to be a member and
his name shall be stricken off by the Court from the Roll of Attorneys.
Reinstatement may be made by the Court in accordance with the rules and
regulations prescribed by the Board of Governors and approved by the Court.
(b) What safeguards have been (b) The Integrated Bar shall be strictly non-political, and every activity tending
Editors Note:
adopted to insure and maintain the to impair this basic feature is strictly prohibited and shall be penalized
Canon 7 97-99 11 8
non-political character of the accordingly. No lawyer holding an elective, judicial, quasi-judicial, or
Funa, p. 95-97
Integrated Bar of the Philippines? prosecutor office in the Government or any political subdivision or
instrumentality thereof shall be eligible for election or appointment to any
(c) What is the objective of legal aid position in the Integrated Bar or any Chapter thereof. A Delegate, Governor,
offices established and operated by Officer or employee of the Integrated Bar, or an officer or employee of any
the IBP Chapters? Chapter thereof shall be considered ipso facto resigned from his position as of
the moment he files his certificate of candidacy for any elective public office or
accepts appointment to any judicial, quasi-judicial, or prosecutor office in the
Government or any political subdivision or instrumentality thereof.
(c) Legal Aid is not a matter of charity. It is a means for the correction of social
imbalances that may and often do lead to injustice, for which reason it is a
public responsibility of the Bar. The spirit of public service should, therefore,
underlie all legal aid offices. The same should be so administered as to give
maximum possible assistance to indigent and deserving members of the
community in all cases, matters and situations in which legal aid may be
necessary to forestall an injustice. To attain these objective legal aid offices
should be as close as possible to those who are in need thereof-the masses.
Hence, every Chapter of the Integrated Bar must establish and operate an
adequate legal aid office.
(b) The Integrated Bar of the Philippines (IBP) is the official organization of all
(c) How can a member of the Philippine lawyers whose names appear in the Roll of Attorneys of the
Integrated Bar voluntarily withdraw Supreme Court. The IBP came into being when the Supreme Court created on
his membership therefrom? October 5, 1970 the Commission on Bar Integration which was tasked not only
to ascertain the advisability on integration of the Bar, but even more, to serve
(d) What are the conditions for as a common vehicle of the Court and the Bar in fashioning a blueprint for
allowing the existence of the other integration and putting same into actual operation. Republic Act No. 6397,
Bar Associations? which took effect on September 17, 1971, confirmed the power of the Supreme
Court to adopt Rules of Court to effect the integration of the Philippine
Bar. Then on January 9, 1973, the Supreme Court, by a per curiam resolution,
pursuant to its constitutional mandate, ordained the integration of the Bar in
accordance with its Rule 139-A, effective January 16, 1973. Within the next
succeeding months, the IBP was organized. On February 17, 1973, local
chapters all over the country were finally formed and elections for chapter
officers were held. Then on March 17, 1973, the first batch of representatives
to the IBP House of Delegates composed of 104 delegates representing the IBP
Chapters nationwide convened in Manila and elected its first set of IBP
Governors.
(c) A member may terminate his membership by a filing a written notice to that
effect with the Secretary of the Integrated Bar, who shall immediately bring the
matter to the attention of the Supreme Court.
(d) Voluntary Bar Associations. - All voluntary Bar associations now existing or
which may hereafter be formed may co-exist with the Integrated Bar but shall
not operate at cross-purposes therewith nor against any policy, act, resolution
or decision thereof.
The general objectives of the (a) I believe that the public responsibility of the Bar is to be an instrumentality
Integrated Bar of the Philippines of justice and the Rule of Law. Among the purposes of the IBP in relation to its
are: 1) to elevate the standards of public responsibility are to:
the legal profession; 2) to improve
Canon 7 97-99 11 10 (1) assist in the administration of justice;
the administration of justice; and 3)
to enable the Bar to discharger its (2) foster and maintain on the part of its members high ideals of
public responsibility more integrity, learning professional competence, public service and conduct;
effectively.
(3) and provide a forum for the discussion of law, jurisprudence, law
a) What is your perception of the reform, pleading, practice and procedure, and the relations of the Bar to
public responsibility to the Bar? the Bench and to the public, and publish information relating thereto.
Ultimately, the IBP, as founded and formed by the State, had the
b) Why is the Bar charged with responsibility to their community. This emanates from the public service
responsibility to the community? which all lawyers are obliged to do.
(b) The Bar is charged with responsibility to the community because first and
foremost, it was organized under the authority of the State. Furthermore, the
Bar is composed of individual, responsible lawyers who each have the
responsibility to every Filipinos who would seek their help. Thus, the Bar was
organized for the benefit not only of the lawyers but also the Filipinos and the
State.
A lawyer shall
be answerable
for knowingly
making a false
statement or - 0 0
suppressing a
material fact in
connection with
his application
for admission to
the bar.
Rule 7.02
A lawyer shall
not support the
application for
admission to
the bar of any - 0 0
person known
by him to be
unqualified in
respect to
character,
education, or
other relevant
attribute.
A lawyer shall
conduct himself
with courtesy,
fairness and Discuss briefly the proper conduct As a rule, a lawyer must give respect to a fellow lawyer in the same way that he
candor toward and attitude that a lawyer shall expects to be respected by others. Thus, they must act honorably, fairly, and
108- adopt in his relationship with candidly towards each other and otherwise conduct themselves without
his professional 6 1
109 reproach at all times. The duty to be courteous, fair and candid towards a
colleagues, and opposing counsel.
shall avoid fellow lawyer is founded upon the basic human nature of respect.
harassing tactics
against
opposing
counsel.
Furthermore, in Camacho v. Pangulayan et al. (A. C. No. 4807, March 22, 2000),
the Supreme Court suspended respondent for three months for directly
negotiating with the opposing party for the settlement of the case without
communicating with the legal counsel of said opposing party on the matter of
such settle is a disregard of a duty owning to a colleague.
You are the counsel of K in his No. According to Canon 9 of the Canons of Professional Ethics provides that a
action for specific performance lawyer should not in any way communicate upon the subject of controversy
against DEV Inc., a subdivision with a party represented by counsel, much less should he undertake to
108- Canon 9, Canon of Professional
Canon 8 6 6 developer which is represented by negotiate or compromise matter with him, but should deal only with his
109 Ethics
Atty. L. Your client believes that the counsel. It is incumbent upon the lawyer most particularly to avoid everything
president of DEV would be willing to that may tend to mislead a party not represented by counsel, and he should
consider an amicable settlement not undertake to advise him as to the law.
and your client urges you to discuss
the matter with DEV without the Such act would be detrimental to me, as an attorney who is bound to observe
presence of Atty. L whom he the rules because such would make me guilty for violating Canon 8, CPR.
considered to be an impediment to Although, I have also the duty to uphold the cause of my client, my opinion
an early compromise. Would it be should be respected in matters pertaining to the law especially if it would
all right for you to negotiate the involve my standing and status as a lawyer.
terms of the compromise as so
suggested above by your client.
Rule 8.01
A lawyer shall
not, in his
professional
dealings, use
language which
- 0 0
is abusive,
offensive or
otherwise
improper.
Rule 8.02
Myrna, petitioner in a case for (a) No. If a client should decide to replace his present counsel with a new
A lawyer shall 114- custody of children against her lawyer because of the latters neglect or unsatisfactory services, the new
3 1
not, directly or 115 husband, sought advice from Atty. lawyer must give only an objective assessment of the clients options and must
indirectly, Mendoza whom she met at a party. not denigrate the other lawyers professional standing in order to obtain for
encroach upon She informed Atty. Fernandez that himself the clients account. Such act of Atty. Mendoza would be a direct
the professional her lawyer, Atty. Khan, has been encroachment upon the professional employment of Atty. Khan in violation of
employment of charging exorbitant appearance fees Rule 8.02 of the Code of Professional Responsibility.
another lawyer; when all he does was move for
however, it is postponements which have unduly
the right of any delay the proceedings; and that (b) Atty. Mendoza must give only an objective assessment of the clients
lawyer, without recently, she learned that Khan options and must not denigrate the other lawyers professional standing in
fear or favor, to approached her husband asking for order to obtain for himself the clients account. His act of giving advice to the
give proper a huge amount in exchange for the client would be justified because as provided for under Rule 8.02, it is the
advice and withdrawal of her motion for right of any lawyer, without fear or favour, to give advice and assistance to
assistance to issuance of Hold Departure Order so those seeking relief against unfaithful or neglectful counsel.
those seeking that he and his children can leave
relief against for abroad.
unfaithful or
neglectful a. Is it ethical for Atty. Mendoza to
counsel. advise Myrna to terminate the
services of Atty. Khan and hire him
instead for a reasonable attorneys
fees?
As a general rule, no, part of the professional courtesy to a fellow lawyer is the
May a lawyer give proper advice
114- respect for the lawyer-client relationship existing between another lawyer and
Rule 8.02 3 3 and assistance to a client of another
115 his client. However, it is the right of any lawyer, without fear or favor, to give
lawyer?
proper advice and assistance to those seeking relief against unfaithful or
neglectful counsel.
Canon 9
A lawyer shall
Is there a distinction between A practicing lawyer is a lawyer engaged in any activity, in or out of court,
not, directly or
121- practicing lawyer and trial which requires the application of law, legal procedure, knowledge, training and
indirectly, assist 9 1
123 lawyer? experience. A trial lawyer is a lawyer who specializes in defending clients
in the
before a court of law.
unauthorized
practice of law.
The Supreme Court suspended No, because defending Tony before the court constitutes practice of law.
121-
Canon 9 9 2 Sec 3, Rule 71, Rules of Court indefinitely Atty. Fernandez from Although Atty. Fernandez was duly admitted to the bar, he may not appear as
123
the practice of law for gross counsel or practice law by virtue of the suspension rendered upon him.
immorality. He asked the Municipal Furthermore, Section 3, Rule 71 of the Rules of Court provides that a person
Circuit Trial Court Judge of his town may be punished for indirect contempt for Assuming to be an attorney or an
if he can be appointed counsel de officer of a court, and acting as such without authority.
oficio for Tony, a childhood friend
who is accused of theft. The judge Editors Note: It is not certain whether the answer given applies for both
refused because Atty. Fernandezs question.
name appears in the Supreme
Courts List of Suspended Lawyers.
Atty. Fernandez then inquired if he
can appear as a friend for Tony to
defend him.
The term practice of law is Habituality. The term practice of law implies customarily or habitually
Editors Note:
incapable of exact definition. holding oneself out to the public as a lawyer such as one sends a circular
Whether a particular activity comes announcing the establishment of a law office for the general practice of law, or
121- Criteria for the practice of Law,
Canon 9 9 3 within the meaning of the term, when one takes an oath of office as a lawyer before a notary public, and files a
123 p. 433, Mem Aid
depends upon the circumstances of manifestation with the Supreme Court informing it of his intention to practice
the case. There are, however, law in all courts of the country. Practice is more than an isolated appearance for
Cayetano vs. Monsod, GR No.
general principles and doctrines laid it consists in frequent or customary action, a succession of acts of the same
100113, September 1991
down by the Supreme Court kind. In other words, it is a habitual exercise.
explaining the meaning and scope
of what constitute the practice of
Compensation. Practice of law implies that one must have presented himself to
law.
be in the active practice and that his professional services are available to the
Briefly discuss said general public for compensation, as a source of his livelihood or in consideration of his
principles and doctrines. services. Hence, charging for services such as preparation of documents
involving the use of legal knowledge and skill is within the term practice of
law
Application of law, legal principle, practice, or procedure, which calls for legal
knowledge, training and experience, is within the term practice of law.
Under Section 1, Rules 138 of the Rules of Court, any person who has been duly
licensed as a member of the bar and who is in good and regular standing is
Who may practice law in the entitled to practice law.
121- Philippines?
Canon 9 9 4 Sec. 1, Rule 138, Rules of Court Before being admitted to the bar, an applicant must satisfy the requirements
123
consisting of the following:
No, under Canon 47, no lawyer shall permit hos professional service, or his
121-
Canon 9 9 6 Abad and De los Reyes, both name to be used in aid of, or to make possible, the unauthorized practice of law
123
lawyers, and Salazar, a certified by any lay agency, personal or corporate.
public accountant, in order to
enhance their respective practice,
desire to pool their resources
together and establish a partnership
for the combined purposes of law
and accounting practice under the
firm name of Abad, De los Reyes,
Salazar & Associates. Is the
proposed partnership allowed?
May a lawyer be allowed to retire Yes, contempt charges are bestowed upon any person or organization to have
121- from the practice of law while disobeyed or been disrespectful of the court's authority. It does affect the
Canon 9 9 7
123 facing contempt charges before the retirement of a lawyer, whom can effect the same on his own volition.
court? Reason.
Rule 9.01
According to Rule 138-A of Rules of Court also known as The Law Student
A lawyer shall Practice Rule, only a law student who has successfully completed his 3rd year of
not delegate to the regular four-year prescribed law curriculum and is enrolled in a recognized
any unqualified Enumerate the instances when a law schools clinical legal education program approved by the Supreme Court,
person the 130- Rule 138-A, Rules of Court: The law student may appear in court as may appear without compensation in any civil, criminal or administrative case
4 1
performance of 131 Law Student Practice Rule counsel for a litigant. before any trial court, tribunal, board or officer, to represent indigent clients
any task which accepted by the legal clinic of the law school. The appearance of the law
by law may only student authorized by this rule, shall be under the direct supervision and
be performed control of a member of the Integrated bar of the Philippines duly accredited by
by a member of the law school. Any and all pleadings, motions, briefs, memoranda or other
the Bar in good papers to be filed, must be signed by the supervising attorney for and in behalf
standing. of the legal clinic.
Raul Catapang may represent his labor union. Under Sec.3 of PD No. 1691, he
130- Editors Note: Same as Q9, may appear before the NLRC or any labor arbiter only if 1) he represents
Rule 9.01 4 3
131 Canon 9, p. 123 himself or 2) if he represents his organization or the members thereof.
However, he may not collect attorneys fees since he is not a lawyer.
132-
1 1
Rule 9.02 132 No. The law is clear in mandating that a lawyer shall not divide his fees for legal
services with a non-lawyer. Only lawyers are entitled to fees in connection with
A lawyer shall their legal services, even as a notary public.
not divide or
stipulate to
divide a fee for
legal services
with persons
not licensed to
practice law,
except:
a) Where there
is a pre-existing
agreement with
a partner or
associate that,
upon the
latters death,
money shall be
paid over a
reasonable
period of time
to his estate or
to persons
specified in the
agreement; or
b) Where a
lawyer
undertakes to
complete
unfinished legal
business of a
deceased
lawyer; or
c) Where a
lawyer or law
firm includes
non-lawyer
employees in a
retirement plan,
even if the plan
is based in
whole or in
part, on a
profitable
sharing
arrangement.
Canon 10 While there may be merit to the contention that it is the NLRC which has
jurisdiction, nevertheless, the counsel for the union leaders must advise his
A lawyer owes 137- clients to obey the RTC injunction. Instruction of disobedience thereof will be
2 1
candor, fairness 138 an open violation to Canon 10. The counsel may assail the injunction in a
and good faith proper appeal, to the proper court. Ignorance of the court order is not a
to the court. solution to the case.
There was clear negligence on the part of Attorney A. He should not have relied
on the capacity of his secretary to remind him of the notice. He should have
verified for himself. Failure to receive court orders is not an excuse where there
is apparent negligence on the part of the lawyer.
137-
Canon 10 2 2 Editors Note: The case of Gemina vs. Atty. Madamba, AC No. 6689, August
138
2011 cites the case of Father Aquino vs. Atty. Pascua, AC No. 5095, 28
November 2007 where the SC held that the lawyer cannot escape liability by
putting the blame on his secretary. The lawyer himself, not merely, his
secretary should be held accountable for these misdeeds.
Rule 10.01
A lawyer shall
not do any
falsehood, nor
consent to the
- 0 0
doing of any in
Court; nor shall
he mislead, or
allow the Court
to be misled by
any artifice.
147-
Rule 10.02 2 2 Yes. Atty. A had the duty to give accurate citations and quotations of Court
148
decisions. It can be said that he knowingly alleged an argument of a party to
case as part of the SC decision, making it part of the ratio decidendi. The lawyer
had made a false assertion and misrepresented the decision of the SC to suit
his legal affairs .
Rule 10.03
A lawyer shall
observe the
rules of
procedure and - 0 0
shall not misuse
them to defeat
the ends of
justice.
Canon 11
A lawyer shall
observe and Atty. Dizons case is based on his own allegations. The fact that he identified
maintain the Atty. Padilla as the alleged drafter of the decision does not mean that the
respect due to attack does not affect the Court of Appeals as a judicial institution. An attack
168- Editors note:
the courts and 9 1 on the validity of a decision, regardless of who drafted its entirety, is an
170 Funa, No. 23, p. 162
to judicial unethical attack on the wisdom of the Court from where it came from.
officers and
Editors Note: Canon 11 speaks of respect to judicial officers. Thus, lawyers
should insist on
must also extend respect to the clerk of court.
similar conduct
by others.
The judge properly punished complainant for direct contempt. Direct
168- contempt, under Rule 71 of the Rules of Court, includes disrespect toward the
Canon 11 9 2 Rule 71, Rules of Court court and offensive personalities toward others. The words of complainant
170
were a direct attack to the person and honor of the judge as an officer of the
court.
No. The fact that the litigation had been fully terminated does not give rise to
the right of Atty. A to direct derogatory words toward the Supreme Court. This
is an open attack to the Judiciary and can properly be apprehended as
168-
Canon 11 9 3 contempt of court. No member of the bar has the authority to criticize the acts
170
of the highest court of the land by hurling insults and innuendos in full view of
the public. Atty. A was apparently moved by his failure to obtain relief for the
petitions which the Supreme Court had denied.
Funa, No. 22, p. 162 Editors Note: In indirect or constructive contempt, the contemnor may be
punished only after charge in writing has been filed, and an opportunity given
to the accused to be hard by himself or counsel, whereas in case of direct
contempt, the respondent may be summarily adjudged in contempt. The
judgment in cases of indirect contempt is appealable whereas in cases of direct
contempt only judgment of contempt by MTCs, MCTCs and MeTCs are
appealable (Wicker vs. Arcangel, GR No. 112869, January 1996)
The presiding judge declared a 30- In Bengzon vs. Tan, L-12043, May 23, 1958, it was ruled that the commotion
minute recess, left the court room which resulted in the fight between the two lawyers disturbed the Judge in his
and repaired to his chambers to chamber during a recess, when the court session was adjourned. Said act
preside over a pre-trial conference. cannot be considered as direct contempt.
168- While the pre-trial conference was Direct contempt is the act of misbehavior committed in the presence of or so
Canon 11 9 6
170 in progress, the opposing lawyers in near a Judge while in session or the person of the Judge even if not in session in
another case engaged each other in connection with the performance of the administration of justice. Where the
a fist fight in the courtroom. The act is committed at a time when the court is not in session and the Judge had
judge who was attracted by the already retired to his room, and there was not showing that he was then
commotion came out of his performing an official duty, it cannot be said that the contemnors acted with
chambers and held the lawyers the intent to interrupt the administration of justice or offend the dignity of the
guilty of direct contempt, imposed Court. The most that can be said against him is that he committed an act of
upon each of them imprisonment of misconduct which can be considered as a constructive contempt. But in order
five (5) days and a fine of P100.00. Is that he may be held liable therefore, it is necessary that a charge in writing be
the act of the judge summarily first filed against him and in that event, he should be given an opportunity to
holding the lawyers in direct be heard personally or by counsel.
contempt proper? (Reason) (1978
bar exams) The facts in question, however, are slightly different from the case of Bengzon
vs. Ran. In this question, the open court session was only suspended as the
Judge was conducting a pre-trial in his chamber. In such case, the lawyers may
be held in direct contempt, as it disturbed the Judge in the performance of his
judicial duties. It is assumed of course that the lawyers knew that a pre-trial
proceeding was going on, otherwise, the ruling in Bengzon vs. Tan should be
followed.
Editors Note: Yes. According to Sec. 7, Rule 71 of the Rules of Court, if the
Atty. A was found guilty of indirect respondent is adjudged guilty of indirect contempt committed against a
contempt by the Regional Trial Regional Trial court or a court of equivalent or higher rank, he may be punished
Court and summarily suspended by A FINE NOT EXCEEDING THIRTY THOUSAND PESOS OR IMPRISONMENT NOT
Editors Note:
168- indefinitely from the practice of EXCEEDING SIX MONTHS, OR BOTH. If he is adjudged guilty of contempt
Canon 11 9 7
170 law. Atty. A appealed the Supreme committed against a lower court, he may be punished by a fine not exceeding
Funa, No. 26, p. 164 -168
Court. Is his appeal meritorious? five thousand pesos or imprisonment not exceeding one month, or both. If the
Reasons. (2000 bar exams) contempt consists in the violation of writ of injunction, he may also be ordered
to make complete restitution to the party injured by such violation of the
property involved or such amount as may be proved.
Rule 11.01
A lawyer shall - 0 0
appear in court
properly attired.
Rule 11.02
A lawyer shall
- 0 0
punctually
appear at court
hearings.
Rule 11.03
A lawyer shall
abstain from
scandalous,
- 0 0
offensive or
menacing
language or
behavior before
the Courts.
Rule 11.04
A lawyer shall
not attribute to
a Judge motives - 0 0
not supported
by the record or
have no
materiality to
the case.
Rule 11.05
A lawyer shall
not attribute to
a Judge motives
- 0 0
not supported
by the record or
have no
materiality to
the case.
Canon 12
- 0 0
A lawyer shall
exert every
effort and
consider it his
duty to assist in
the speedy and
efficient
administration
of justice.
Rule 12.01
A lawyer shall
not appear for
trial unless he
has adequately
prepared
himself on the
law and the
facts of his case, - 0 0
the evidence he
will adduce and
the order of its
preferences. He
should also be
ready with the
original
documents for
comparison
with the copies.
On June 28, 2001, RJ filed with the
Supreme Court a petition for
prohibition, with a prayer for a a. RJ is guilty of forum shopping. Forum shopping is the practice of filing
temporary restraining multiple actions from the same cause (Rule 12.02, CPR). It is clear that RJs
order/preliminary injunction, to petition for prohibition was still pending in the Supreme Court when he filed
forestall his removal as chairman the same petition in the Regional Trial Court. He should have waited first for
and general manager of a the resolution of his motion to withdraw before filing the second petition
government agency. He believed he because he cannot assume that the motion will be granted.
had fixed term until January 31,
2004, but there were indications
Rule 12.02 b. Instance of forum-shopping:
that the new President would
replace him. As he had i. When, as a result of an adverse opinion in one forum, a party seeks a
A lawyer shall apprehended, an administrative
191- favorable opinion (other than by appeal or certiorari) in another;
not file multiple 3 1
192 order was issued by the Chief
actions arising Executive on July 2, 2001 recalling ii. When he institutes two or more actions or proceedings grounded on
from the same RJs appointment. Shortly, the same cause, on the gamble that one or the other court would make
cause. thereafter, PT was appointed to the a favorable disposition;
position in question.
iii. Filing a second suit in court without jurisdiction;
On July 3, 2001, RJ filed a motion to
iv. Filing an action in court while the same cause of action is still pending
withdraw his petition. On the same
in an administrative proceeding;
day, without waiting for the
resolution of his motion, he filed v. When counsel omits to disclose the pendency of an appeal, in filing a
another petition with the Regional certiorari case.
Trial Court seeking to prevent his
removal as chairman and general
manager of the government agency.
On July 8, 2001, his motion to
withdraw the first petition was
granted by the Supreme Court
without prejudice to his liability, if
any, for contempt for engaging in
forum-shopping.
191- J sustained serious physical injuries No. There is no forum shopping in the simultaneous filing of a criminal case and
Rule 12.02 3 3
192 Article 33, New Civil Code due to a motor vehicle collision a civil case in this instance. Article 33 of the Civil Code allows the filing by an
between the car she was driving injured party of a civil action for damages entirely separate and distinct from
and a public utility bus, requiring the criminal action in cases of defamation, fraud and physical injuries. There is
her confinement for 30 days at the also non-forum shopping involved in filing an administrative complaint against
Makati Medical Center. After her the bus operator with the LTFRB. It is for a different cause of action, the
release from the hospital, she file a cancellation or suspension of the operators franchise.
criminal complaint against the bus
driver for serious physical injuries
through reckless imprudence before
the Makati Prosecutors Office. She
also filed a civil complaint before
the Paranaque Regional Trial Court
against the bus operator and driver
for compensatory, moral,
exemplary and other damages.
Aside from the two complaints, she
additionally filed an administrative
complaint against the bus operator
with the LTFRB for cancellation or
suspension of the operators
franchise. Would you say that she
and her lawyer were guilty of forum
shopping? (1997 bar exams)
Rule 12.03
A lawyer shall
- 0 0
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.
Rule 12.05
A lawyer shall
refrain from
talking to his
witness during a
- 0 0
break or recess
in the trial,
while the
witness is still
under
examination.
Rule 12.06
A lawyer shall
not knowingly
assist a witness - 0 0
to misrepresent
himself or to
impersonate
another.
Rule 12.07 - 0 0
A lawyer shall
not abuse,
browbeat or
harass a witness
nor needlessly
inconvenience
him.
Rule 12.08
No. The underlying reason for the impropriety of a lawyer acting dual capacity
A lawyer shall lies in the difference between the respective functions of a witness and an
avoid testifying advocate. The function of a witness is to tell the facts as he recalls them in
in behalf of his answer to questions. The function of an advocated is that of a partisan, It is
client, except: difficult distinguish between the zeal of an advocate and the fairness and
impartiality of a disinterested witness. The lawyer will find it hard to
a) on formal disassociate his relation to his client as an attorney and his relation to the party
matters, such as as a witness. Even if he can actually do so, the dual relationship would invite
the mailing, Is it proper for a lawyer to give
embarrassing criticism.
Editors Notes: testimony of his client in a case in
authentication 209-
4 1 which he is appearing as counsel? Editors Note: The basis for the professional rule regarding appearance as both
or custody of an 209
Funa, No. 2, p. 208 Discuss briefly. (1968 bar exams) advocate and witness is twofold. First, it is designed to protect the integrity of
instrument, and
the like, or the advocates professional role by preserving the distinction between
advocacy, which is based on reason and subject to objective evaluation, and
b) on testimony, which is based on the witnesss moral qualities and is evaluated in
substantial terms of individual credibility. Second, it is corollary to the rule that an
matters, in advocate may not inject personal belief as to cause into argument to the judge.
cases where his In other words, it eliminates the opportunity to mix arguments and facts.
testimony is
essential to the
ends of justice,
in which event
he must, during
his testimony,
entrust the trial
of the case to
another
counsel.
A car driven by Carlos, with his a. If I were Atty. Lazaro, I will explain Carlos that as a lawyer, I have a duty not
lawyer friend, Atty. Lazaro, as to be a witness and counsel at the same time in accordance with Rule 12.08
passenger, collided with another of the Code of Professional Responsibility which states that:
vehicle at a street intersection. Sued
by the owner of the other vehicle, Rule 12.08. A lawyer shall avoid testifying in behalf of his client, except:
Carlos asked Atty. Lazaro to be his a. on formal matters, such as the mailing, authentication, or custody of
counsel in the case and, at the same an instrument, and the like; or
time, a witness for him to testify on
the degree of care with which he b. on substantial matters, in cases where his testimony is essential to
209- (Carlos) was driving when the the ends of justice, in which event he must, during his
Rule 12.08 4 2
209 collision took place. Atty, in reply, testimony, entrust the trial of the case to another counsel.
informed Carlos that professional
A witnesss function is to state facts objectively. When a lawyer represents
ethics would not allow him to
himself as a counsel and a witness, there may be a tendency of conflicting
assume the dual role of trial counsel
interest thus making him a less effective witness. Also, the public may be
and witness in the case.
inclined to believe that a lawyers testimony is altered to serve the clients
interest.
a. If Carlos had asked, b. Yes, if no other witness could be found, it would be proper for Atty. Lazaro
why not?, how would to accede to the request to be a witness. Rule 12.08 provides the exemption
you have explained it if that a lawyer can testify for his client on substantial matters, in cases where his
you were Atty. Lazaro? testimony is essential to the ends of justice. However, if Atty. Lazaro testifies
for Carlos, he should entrust the case to another counsel in further accordance
b. Assuming no other to Rule 12.08 of the Code of Professional Responsibility.
witness could be found,
would it have been
proper for Atty. Lazaro
to accede to the
request? (1980 bar
exams)
The underlying reason for the impropriety of a lawyer acting in such dual
209- As a rule, why should an attorney
Rule 12.08 4 4 capacity lies in the difference between the function of a witness and that of an
209 not testify as a witness for his
advocated. The function of a witness is to tell the facts as he recalls them in
client? (2001 bar question) answer to questions. The function of an advocate is that of a partisan. It is
difficult to distinguish between the zeal of an advocate and the fairness and
impartiality of a disinterested witness. The lawyer will find it hard to
disassociate his relation to his client as an attorney and his relation to the part
as a witness.
The basis for the professional rule regarding appearance as both advocate and
witness is twofold. First, it is designed to protect the integrity of the advocates
professional role by preserving the distinction between advocacy, which is
based on reason, and subject to objective evaluation, and testimony, which is
based on the witnesss moral qualities and is evaluated in terms of individual
credibility. Second, it is corollary to the rule that an advocate may not inject
personal belief as to the cause into argument to the judge. In other words, it
eliminates the opportunity to mix argument and fact.
Canon 13
A lawyer shall
rely upon the No, a lawyer has a duty not to influence judges. While the judge is mandated to
merits of his May a lawyer talk privately to a avoid impropriety or the appearance of partiality, the lawyer is also mandated
cause and 210- Judge regarding the merits of a case to maintain the impartiality of the judge. Hence, any inappropriate ex parte
3 1 pending before the said Judge? communication with the judge is disallowed. Also, a lawyer should not
refrain from any 211
impropriety Explain briefly. communicate or argue privately with the judge as to the merits of a pending
which tends to cause in accordance to Canon 3 of the Code of Professional Ethics.
influence, or
gives the
appearance of
influencing the
court.
Atty. A is offered professional Yes, A is ethically compelled to refuse the engagement. In relation to Canon 13,
engagement to appear before Judge CPR which provides the duty of a lawyer not to influence or give the
210- B who is As relative, compadre and appearance of influencing the Court, Canon 3 of the Code of Professional Ethics
Canon 13 3 3
211 former office colleague. Is A also states that marked attention and unusual hospitality on the part of the
ethically compelled to refuse the lawyer to the judge, uncalled for by the personal relations of the parties,
engagement? Why? subject both the judge and the lawyer to misconstructions of motives and
should be avoided.
Atty. J requested Judge K to be a
Rule 13.01 principal sponsor at the wedding of
his son. Atty. J met Judge K a month Atty. Js acts can be considered a violation of the Code of Professional
A lawyer shall before during the IBP-sponsored Responsibility. Rule 13.01 provides the duty of lawyers of non-fraternization
not extend reception to welcome Judge K into with judges. It states that, a lawyer shall not extend extraordinary
extraordinary the community, and having learned attention or hospitality to, nor seek opportunity for cultivating familiarity with
attention or 212- that Judge K takes his breakfast at a Judges. While a lawyer is duty bound to give respect and reasonable
1 1
hospitality to, 212 coffee shop near his (Judge Ks) deference to judges, it must not be excessive or extraordinary. With more
nor seek boarding house. Atty. J made it a reason, a lawyers treatment of judges must not be with the end in the view
opportunity for point to be at the coffee shop at of cultivating closeness which can be converted later on to seek favors from
cultivating about the time that Judge K takes the judge.
familiarity with his breakfast. Comment on Atty. Js
Judges. acts. Do they violate the Code of
Professional Responsibility?
Rule 13.02 Dumbledore, a noted professor of a. Rule 13.02 of the Code of Professional Responsibility provides that a lawyer
Editors Notes: commercial law, wrote an article on shall not make public statements in the media regarding a pending case
A lawyer shall the subject of letters of credit which tending to arouse public opinion for or against a party.
not make public was published in the IBP Journal.
Romero et. al. vs. Senator In accordance to this is the sub-judice rule which is a part of the law relating to
statements in
220- Jinggoy Estrada and Senate a. Assume he devoted a significant contempt of court. This rule governs what public statements, whether orally or
the media 3 1
220 Committee on Labor, portion of the article to a in published writings, can be made about matters pendingin legal proceedings
regarding a
Employment and Human commentary on how the Supreme before the courts. The basis for the sub-judice rule is that the courts must be
pending case
Resource Development, GR No. Court should decide a pending case allowed to deal with the legal issues that are before it free from undue
tending to
174105, 2 April 2009 involving the application of the law interference and influences. A breach of the sub-judice rule can include
arouse public
opinion for or on letters of credit. May he be statements urging the court to reach a particular result in a matter, comments
against a party. sanctioned by the Supreme Court? on the strength or weakness of a partys case or particular issue, or comments
Explain. on witnesses or evidence in a case.
b. Assume Dumbledore did not Editors Note: The sub judice rule restricts comments and disclosures pertaining
include any commentary on the to judicial proceedings to avoid prejudging the issue, influencing the court, or
case. Assume further after the obstructing the administration of justice. A violation of the sub judice rule may
Supreme Court decision on the case render one liable for indirect contempt under Sec. 3(d), Rule 71 of the Rules of
had attained finality, he wrote Court.[11] The rationale for the rule adverted to is set out in Nestle Philippines
another IBP Journal article, v. Sanchez:
dissecting the decision and
explaining why the Supreme Court [I]t is a traditional conviction of civilized society everywhere that
erred in all its conclusions. May he courts and juries, in the decision of issues of fact and law should be
be sanctioned by the Supreme immune from every extraneous influence; that facts should be decided
Court? Explain. upon evidence produced in court; and that the determination of such
facts should be uninfluenced by bias, prejudice or sympathies.
(Romero et. al., vs Senator Estrada, GR No. 174105, April 2009 citing Nestle
Philippines vs. Sanchez, G.R. Nos. L-75209 & L-78791, September 30, 1987)
As a defense counsel, I will wait for the litigation to end before I comment on
220-
Rule 13.02 3 2 As a defense counsel for the the apparent bias of the judge against my client. Central to the sub-judice rule
220
accused in a sensational case for is that the freedom of speech should not take precedence over the proper
abduction which the media is administration of justice.
covering, you are fully convinced
from the judge actuations that he is
biased against your client. You are
asked by the reporters to comment
on the proceedings and the judges
conduct. How should you react on
the matter?
Rule 13.03
A lawyer shall
not brook or
invite
- 0 0
interference by
another branch
or agency of the
government in
the normal
course of
judicial
proceedings.
Canon 14
A lawyer shall
- 0 0
not refuse his
services to the
needy.
Exceptions:
1) However, a lawyer may accept a losing civil case provided that, in so doing,
he must not engage in dilatory tactics and must advise his client about the
prospects and advantages of settling the case through compromise.
2) If he were to take a bad civil case of the plaintiff, it will only be to advise him
not to file the action or to settle it with the client. If he were to accept defense
of a bad civil case against a defendant, it will either be to exert his best effort
toward a compromise or tell his client to confess judgment.
The lawyer, according to Rule 14.01, shall not decline to represent a person
because of his own opinion regarding the guilt of said person. But by accepting
the case, he must comply with Rule 15.05 and 15.07 of the Code of Professional
Responsibility. The lawyer of the defendant shall give a candid and honest
Defense counsel is defending an opinion on the merits and probable results of the clients case, neither
accused who he knows to be guilty overstating nor understating the prospects on the case (Rule 15.05) and that
of the crime charged. any defense he would make shall still be in compliance with the laws and the
principles of fairness (15.07).
223- How does such knowledge operate
Rule 14.01 8 2 ethically to restrict the scope of the In this case, such knowledge operate ethically to restrict the scope of the
225
defenses that the defense counsel defences that the defense counsel may invoke in befall of the accused such that
may invoke in behalf of the the defense counsel should still present all remedies that are available to his
accused? client; these remedies, however, should still be within the bounds of law and
not contrary to public policy and good customs keeping in mind that it is the
duty of an attorney to counsel or maintain such defenses only as he believes to
be honestly debatable under the law.
Editors Notes: Canon 19 - A lawyer shall represent his client with zeal within
the bounds of the law.
Rule 15.05, Rule 21.01, Rule Christine was appointed counsel de (a) She shall give candid and honest opinion on the merits and probable results
223- 21.02, Canon 21, CPR oficio for Zuma, who was accused of of the clients case, neither overstating nor understating the prospects on the
Rule 14.01 8 3
225 raping his own daughter. Zuma case (Rule 15.05). She should also present every defense that the law permits,
Brown v. Board of County pleaded not guilty but thereafter and in doing so, provide a glimpse of hope that the courts may render a
Commissioners, 451 P.2d 708 privately admitted to Christine that decision favourable to her client, or at the very least, present all legal remedies
[Nev. 1969] he did commit the crime charged. to the end that no person may be deprived of life liberty, but by due process of
law.
a. In light of Zumas admission, what
should Christine do? Explain. (b) No, Christine cannot disclose the admission of Zuma to the court. This is
based on Canon 21, Rule 21.01 and Rule 21.02 of the Code of Professional
b. Can Christine disclose the Responsibility. Canon 21 provides that a lawyer shall preserve the confidences
admission of Zuma to the court? or secrets of his clients; she would only be justified to do so under the
Why or why not? circumstances enumerated in Rule 21.01 to which the case at bar does not fall
into. Moreover, Rule 21.02 states that a lawyer shall not, to the disadvantage
c. Can Christine withdraw as counsel of his clients, use information acquired in the course of employment...unless
of Zuma should he insist in going to the client with full knowledge of the circumstances consents thereto.
trial? Explain.
(c) No, she cannot withdraw as counsel of Zuma since admission of guilt by the
defendant does not fall within the purview of Rule 22.01 which enumerates the
instances when a lawyer may withdraw his services. Also, she can only
withdraw or decline appointment as counsel de oficio for causes which are
serious and sufficient. Sufficient cause is where a lawyer cannot handle the
matter competently, or if a conflict of interest would ensure (Brown v. Board of
County Commissioners, 451 P.2d 708 [Nev. 1969]).
No, Atty. DDs motion is not legally tenable. Rule 14.01 of the Code of
Atty. DDs services were engaged by
Professional Responsibility states that a lawyer shall not decline to represent
Mr. BB as defense counsel in a
a person solely on account of the latters race, sex, creed or status of life, and,
lawsuit. In the course of the
in addition to this, Canon 22 of the same Code states that a lawyer shall
proceedings, Atty. DD discovered
withdraw his services only for good cause and upon notice appropriate in the
that Mr. BB was agnostic and a
223- circumstances.
Rule 14.01 8 6 Rule 22.01, Canon 22, CPR homosexual. By reason thereof,
225 Atty. DD filed a motion to withdraw If the sole basis of Atty. DDs withdrawal was the fact that Mr. BB was agnostic
as counsel without Mr. BBs express and a homosexual, then, according to Rule 14.01, he would not be justified in
consent. withdrawing as counsel. Furthermore, his reason for withdrawing does not fall
within those circumstances where a lawyer may withdraw his services in a
Is Atty. DDs motion legally tenable?
case, as enumerated in Rule 22.01 of the CPR.
Reason briefly.
Rule 14.01 223- 8 7 Rule 15.05, Rule 18.01, CPR What is a lawyers duty if he finds
225 that he cannot honestly put up a A lawyer shall not, according to Rule 14.01, decline to represent a person
valid or meritorious defense but his because of his own opinion regarding the guilt of his client; but he shall
client insists that he litigate? candidly and honestly give an opinion on the merits and probable results of the
Explain. case without overstatements or understatements as regards to the prospects
of the case (Rule 15.05). If, however, the lawyer believes that he cannot put up
a valid or meritorious defense not because of any circumstance regarding the
client but because of his own competence or qualification, or the lack of each,
according to Rule 18.01, he can obtain as collaborating counsel a lawyer who is
competent on the matter.
Rule 14.02 No, he shall not be excused. Rule 14.02 states that only for serious and
(Brown v. Board of County M was appointed by the Court of sufficient causes shall a lawyer decline appointment as counsel de oficio.
A lawyer shall Commissioners, 451 P.2d 708 Appeals as counsel de oficio in a Sufficient cause is where a lawyer cannot handle the matter competently, or if
not decline, 230- [Nev. 1969]) homicide case. After reading the a conflict of interest would ensure (Brown v. Board of County Commissioners,
10 1 record, M became convinced that 451 P.2d 708 [Nev. 1969]). That being said, as appointed counsel de officio, he
except for 232
serious and (In Re: Robles Lahesa, 4 Phil. both the findings of fact and the is expected to perform his duties while observing the same standard of conduct
sufficient cause, 298) conclusions of law in the appealed governing his relations with paying clients. Moreover, a counsel de oficio may
an appointment judgment are correct. Can he be be held liable for negligence in the same way and degree as a lawyer who gets
as counsel de excused from writing a brief for the paid (In Re: Robles Lahesa, 4 Phil. 298).
oficio or as appellant? Reasons.
amicus curiae,
or a request
from the
Integrated Bar
of the
Philippines or
any of its
chapters for
rendition of free
legal aid.
Sec. 36, Rule 138, Rules of When may a court of justice permit A court may assign an attorney to render professional aid free of charge to any
230- Court the appearance of a lawyer as
Rule 14.02 10 2 party in a case, if upon investigation it appears that the party is destitute and
232 amicus curiae? unable to employ an attorney, and that the services of counsel are necessary to
Blacks Law Dictionary
secure the ends of justice and to protect the rights of the party. It shall be the
duty of the attorney so assigned to render the required service, unless he is
Funa, No. 8, p. 229
excused therefrom by the court for sufficient cause shown (Sec. 31, Rule 138 of
the Rules of Court).
The Court must also assign a counsel de oficio to defend an accused except
when the latter is allowed to defend himself in person or has employed
another counsel of his choice (Sec. 6, Rule 116, Rules of Court).
Editors Note: Section 36, Rule 138, Rules of Court. Amicus curiae- Experienced
and impartial attorneys may be invited by the Court to appear as amici curiae
to help in the disposition of issues submitted to it.
Blacks Law Dictionary citing Fed. R. App. P. 29 A person with strong interest
in or views on the subject matter of an action may petition the court for
permission to file a brief ostensibly on behalf of a party but actually to suggest
a rational consistent with its own views. Such amicus curiae briefs are
commonly filed in appeals concerning matters of a broad public interest. Such
may be filed by private respondents or government.
c. Yes, while it is a lawyers duty to render pro bono public service when so
appointed, the lawyer may decline such appointment for serious and sufficient
cause. It is believed that it is a sufficient cause where the lawyer cannot
handle the matter competently, or if a conflict of interest would ensure. It has
been held that financial hardship or undue financial burden would be a proper
cause to decline appointment. Hence, a lawyer may decline an appointment
where he is to incur out-of-pocket expense for investigation costs, fees for
witnesses, unable to continue his private practice (Brown vs Board of County
Commissioners, 451 P.2d 708, [Nev. 1969])
The court, considering the gravity of the offense and the difficulty of the
questions that may arise, shall appoint as counsel de oficio only such
members of the bar in good standing who, by reason of their experience
and ability, can competently defend the accused. But in localities where
such members of the bar are not available, the court may appoint any
person, resident of the province and of good repute for probity and
ability, to defend the accused.
While Rule 123 Procedure in the Municipal Trial Courts, Section 1.Uniform
Procedure provides, to wit:
Her Majesty the Queen vs. a. Amicus curiae means, literally, friend of the court. A person with strong
a. What is an amicus curiae?
Criminal Lawyers Association interest in or views on the subject matter of an action may petition the court
of Ontario, et al., Supreme b. When can lawyers appear in for permission to file a brief, ostensibly on behalf of a party but actually to
Court of Canad, Case No. 34317 court as amici curiae? suggest a rationale consistent with its own views. Such amicus curiae briefs are
230- commonly filed in appeals concerning matters of a broad public interest. Such
Rule 14.02 10 5 c. Can lawyers who appear in court
232 Case Summary may be filed by public persons or the government.
http://www.scc-csc.gc.ca/ as amici curaie claim compensation
case-dossier/cms-sgd/ for their services? Explain. Editors Note: Latin for friend of the court. Frequently, a person or group of
sum-som-eng.aspx?cas=34317 person who is not a party to a lawsuit, but has a strong interest in the matter,
will petition the court for permission to submit brief in the action with the
SCC Decision intent of influencing the courts decision. (Cornell University Law School)
http://scc.lexum.org/
decisia-scc-csc/scc-csc/
scc-l-csc-/en/item/11101/ An amicus curia is an experienced and impartial attorney invited by the court to
index.do?r=AAAAAQBFaGVy appear and help in the dispositions of the issues submitted to it. It implies
IG1hamVzdHkgdGhlIHF1ZW friend intervention of counsel to call the attention of the court to some matters
VuIGV0IGFsIHYgY3JpbWluY of law or facts which might otherwise escape its notice and in regard towhich it
WwgbGF3eWVycyBhC3NvY2
might be wrong. Amicus curiae appears in court not to represent any particular
lhdGlvbiBvZiBvbnRhcml
vAAAAAAAAAQ party but only to assist the court (UST Faculty of Civil Law).
However, in the case of Her Majesty the Queen vs. Criminal Lawyers
Association of Ontario, et al., the Supreme Court of Canada granted without
costs the leave to appeal form the judgement of the Court of Appeal which held
that the power to set rates of compensation and order monitoring is incidental
to the courts power to appoint amicus curiae. Further, Court of Appeal held
that the appointment in in issue and the rates set were appropriate in the
circumstances.
Primo, Segundo and Tercero are co-
accused in an information charging
them with the crime of homicide.
They are respectively represented
by Attys. Juan Uno, Jose Dos and a. If the chosen counsel deliberately makes himself scarce, the court is not
Pablo Tres. During the pre-trial precluded from appointing a de oficio counsel whom it considers competent
conference, Attys. Uno and Dos and independent to enable the trial to proceed until the counsel of choice
manifested to the court that their enters his appearance. Otherwise, the pace of a criminal prosecution will be
clients are invoking alibi as their entirely dictated by the accused to the detriment of the eventual resolution of
defense. Atty. Tres made it known the case.
that accused Tercero denies
involvement and would testify that No. There is no impediment to Atty. Dos acting as counsel de oficio for the
Primo and Segundo actually accused Primo because the latter, and Atty. Dos' own client shares the same
230-
Rule 14.02 10 6 perpetrated the commission of the defense of Alibi.
232
offense charged in the information.
b. Yes. Atty. Tres, may validly refuse his designation as counsel de oficio of
accused Primo on the grounds of conflict of interest. Atty. Tres' client Tercero is
In one hearing during the
pleading an entirely different defense from Primo, in that he denies all
presentation of the prosecution's
involvement with the alleged crime and would testify that Primo and Secundo
evidence in chief, Atty. Uno failed to
perpetrated the commission of the offense. Clearly, Tercero's claims are in
appear in court. When queried by
conflict with those of Primo, as such, Tres may validly refuse on the grounds of
the judge if accused Primo is willing
conflict of interest.
to proceed with the hearing despite
his counsel's absence, Primo gave
his consent provided Attys. Dos and
Tres would be designated as his
joint counsel de oficio for that
particular hearing. Thereupon, the
court directed Attys. Dos and Tres
to act as counsel de oficio of
accused Primo only for purposes of
the scheduled hearing.
a. Yes. While it is a lawyer's duty to render pro bono publico service when so
7a. May a lawyer decline a request appointed, the lawyer may decline such appointment for "serious and
for free legal aid to an indigent sufficient cause". It is believed that it is a sufficient cause where the lawyer
accused made by a chapter of the cannot handle the matter competently, or if a conflict of interest would arise. It
Integrated Bar of the Philippines? has been held that financial hardship or undue financial burden would be a
230- proper cause to decline an appointment. Hence, a lawyer may decline an
Rule 14.02 10 7 Explain.
232 appointment where he is to incur out-of-pocket expenses for investigation
7b. Will your answer be different if costs, fees, for witnesses, or when his is unable to continue his private practice
the legal aid is requested in a civil (Brown v. Board of County Commissioners, 451 P.2d 708 [Nev. 1969]).
case?
b. No, the answer remains the same even if the case were Civil rather than
criminal. Lawyers may still decline appointments on the grounds enumerated
above.
When may refusal of counsel to act
as counsel de oficio be justified on
Lawyers may validly refuse appointment as counsel de oficio on the grounds of
230- grounds aside from reasons of
Rule 14.03 10 8 conflict of interest, or financial hardship (Brown v. Board of County
232 health, extensive travel abroad, or
Commissioners, 451 P.2d 708 [Nev. 1969]).
similar reasons of urgency? Support
your answer.
X was indicted for murder. As he No. Atty. A did not conduct the competence and diligence required of him by
had no counsel on arraignment, the the CPR in defending his client. Instead of simply asking what his client's stand
trial court appointed Atty. A as his is, and declining to present any evidence and relying on his client's plea of
counsel de oficio. When Atty. A guilty, Atty. A. should have thoroughly asked his client to explain the entirety
asked X what his stand was, X said of the facts in order to ascertain whether or not there exists any other factors
he was guilty. X thereupon pleaded that may serve to mitigate, or perhaps even lessen X's liability from murder,
guilty. Trial was thereafter down to homicide. By not doing so, Atty. A failed in his duty to competently
conducted. When the turn of the and diligently seek every legal avenue to prevent a miscarriage of justice.
230-
Rule 14.02 10 9 Funa, No. 3, p. 226 defense to present evidence came,
232
Atty. A manifested that he was not Editors Notes:
presenting any and that he was
submitting the case for decision, A counsel de oficio may be held liable for negligence in the same way and
praying that X's plea be considered degree as a lawyer who gets paid (In re: Robles Lahesa, 4 Phil 298). He must not
mitigating. Did Atty. A's assistance only perform perunctorty representation (People v. Estebia, L-26868, February
or conduct approximate the 1969, 27 SCRA 106)
competence and diligence which the
CPR expected of him? Explain.
Rule 14.03
Rendering legal aid to those unable to pay for legal services is a matter of
A lawyer may public duty rather than charity because it is a lawyer's duty to assist in the
not refuse to proper administration of justice. Because indigents are often uneducated and
accept are not well-versed with their legal rights and are therefore especially
representation Why is legal aid to those unable to susceptible to become victims of injustice when left on their own without legal
of an indigent 233- pay for legal services a matter of assistance.
3 1 public duty and not a matter of
client unless: 233
charity? Editors Note: The indigents represents one of the marginalized sectors of
a) he is in no
society. Within the limits of the lawyers capacity, able lawyers must extend to
position to carry
these marginalized members of society. Moreover, legal aid as a public duty is
out the work
also covered by the social justice policy of our Constitution which the lawyers
effectively or
vow to uphold.
competently;
b) he labors
under a conflict
of interest
between him
and the
prospective
client or
between a
present client
and the
prospective
client.
The rationale for the mandated establishment and operation of legal aid offices
State the rationale for the in all chapters of the IBP is to help ensure that legal aid is available to all
233- mandated establishment and indigents located within a reasonable proximity of an IBP chapter. If not every
Rule 14.03 2 2 operation of legal aid offices in all
233 IBP chapter has an operational legal aid office, then those indigents who live in
chapters of the IBP. the area covered by that IBP chapter would be prejudiced as no adequate legal
aid would be available to them.
Rule 14.04
You are the counsel for plaintiff in a 1.a. Although Rule 14.04 states that a lawyer who accepts the cause of a person
A lawyer who civil case and have been appearing unable to pay his professional fees shall observe the same standard of conduct
accepts the at the trial of the case for a number governing his relations with paying clients, Rule 22.01 provides that a lawyer
cause of a of weeks. Your client has not been may withdraw his services if the client deliberately fails to pay the fees, or fails
236-
person unable 1 1 Rule 22.01 paying you despite repeated to comply with the retainer agreement. In this case, the client is not an
236
to pay his promises. He is not indigent. indigent, which means that it is reasonable to assume that he has the means to
professional comply with his obligation to pay me as his lawyer. Absent any facts which
fees shall 1a. May you be justified in deferring provide proof of a valid reason for non-payment, it is well within the rights of
observe the the prosecution of your client's case the lawyer to withdraw services upon deliberate non-payment of fees.
same standard on the ground that you did not
of conduct undertake to handle the case for 1.b. Again, because there is no evidence showing that the client is UNABLE to
governing his free? pay the Attorney's fees, then we may validly apply Rule 22.01 which states that
relations with a lawyer may validly withdraw upon his client's refusal or deliberate failure to
paying clients. 1b. How may you ethically go about pay the fees.
it if you no longer desire to continue
as counsel? Editors Note: Although the lawyer no longer desires to continue as counsel, he
1c. Under what circumstances may may not do so simply in his own volition. The lawyer must still comply with
you be compelled to continue as Canon 10 and Rule 10.03. Proper motions and procedures must still be
counsel, even assuming there are followed. He must inform the court through a motion to withdraw of his
other lawyers available? intention and, with the courts approval, he may do so. Otherwise, he remains
as counsel until the attorney-client relationship is formally terminated.
1c. If my client is unable to pay the fees, and there is a valid reason for him
being unable to do so, then according to Rule 14.04, I would be compelled to
continue treating him, and serving him with the same manner and conduct that
I afford to my paying clients. This is true even if there are other lawyers
available to take the case.
Editors Note: The lawyer may be compelled to continue as counsel despite the
fact that the client unjustly refuses to render Attorneys fee when the court
orders him to do so, when the transition concerning pertinent and important
details of the case to the next counsel requires the previous counsels
involvement and other similar situations.
Canon 15 C engages the services of attorney D Yes. Atty. D violated the Code of Professional Responsibility, specifically, Canon
238-
4 1 concerning various mortgage 15. D convinced his client to sell to him her property without monetary
239
A lawyer shall contracts entered into by her consideration on the basis that he would sell the same in order for C to be able
observe candor, husband from whom she is to pay off her creditors. D, in paying off C's creditors and keeping the property
fairness and separated, fearful that her real for himself, has taken advantage of the fears of C and used the same for his
loyalty in all his estate properties will be foreclosed own benefit. Property being a more precious commodity than capital in most
dealings and and of impending suits for sums of cases, D kept the property given him by C instead of using it for its intended
transactions money against her. Atty D advised C purpose. D violated Canon 15 which states that a lawyer shall observe candor,
with his clients. to give him her land titles covering fairness and loyalty in all his dealings and transactions with his client. By taking
her lots so he could sell them to advantage of C's concerns and using the same to his benefit, D betrayed the
enable her to pay her creditors. He trust of his client and failed to show candor and fairness.
then persuaded her to execute
deeds of sale in his favour without
any monetary or valuable
consideration, to which C agreed on
condition that he would sell the lots
and from the proceeds pay her
creditors. Later on, C came to know
that Atty. D did not sell her lots but
instead paid her creditors with his
own funds and had her and titles
registered in his name.
Editors Note: It is submitted that the answer is NO, there being no provision in
the RPC or no known special law that punish a lawyer who appears in court
without authority form the party whom he entered his appearance for.
Although no crime was committed, X, nevertheless, committed an ethical
X, practicing lawyer, appeared in infraction for he violated Canon 15, CPR.
court in behalf of a party litigant.
His appearance was without Yes. Consent from the party whom the lawyer will be representing is required
238-
Canon 15 4 3 authority from the party whom he to prevent future controversy on the authority of the lawyer to act as the legal
239
entered his appearance. Did he counsel of the party. An attorney is presumed to be properly authorized to
commit any crime? (1968 Bar represent any cause in which he appears in all stages of the litigation and no
Exams) written authority is required authorize him to appear. The presumption is a
strong one. A mere denial by a party that he has authorized an attorney to
appear for him in the absence of any compelling reason, is insufficient to
overcome the presumption especially when denial comes after the rendition of
an adverse judgment.
An attorney has authority to bind their clients in any case by any agreement as
long as there is consent from the client. Mistake of lawyer binding upon client
is bound by attorneys conduct, negligence and mistake in handling case or in
management of litigation and in procedural technique, and he cannot be heard
to complain that result might have been different had his lawyer proceeded
differently.
238- Sofio vs. Valenzuela, GR No. To what extent can a lawyer bind Editors Note: Although the petitioners former counsel was blameworthy for
Canon 15 4 4
239 157810, February 2012 his client? (1979 Bar Exams) the track their case had taken, there is no question that any act performed by
the counsel within the scope of his general or implied authority is still regarded
as an act of the client. In view of this, even the negligence of the former counsel
should bind them as his clients. To hold otherwise would result to the untenable
situation in which every defeated party, in order to salvage his cause, would
simply claim neglect or mistake on the part of his counsel as a ground for
reversing judgment. (Sofio vs Valenzuela, GR No. 157810, February 2012)
Rule15.01
A lawyer, in
conferring with
a prospective - 0 0
client, shall
ascertain as
soon as
practicable
whether the
matter would
involve a
conflict with
another client
or his own
interest, and if
so, shall
forthwith
inform the
prospective
client.
Rule 15.02
A lawyer shall
be bound by the
rule on privilege
communication - 0 0
in respect of
matters
disclosed to him
by a prospective
client.
Rule 15.03 In 1998, Acaramba, a Bianca & Sophia Law Office may only represent Temavous in the acquisition of
246-
14 1 telecommunications company, Super- 6 since the other transaction involving a previous client of many years
250
A lawyer shall signed a retainer agreement with may compromise the interest of both parties. Clients confidence once reposed
not represent Bianca & Sophia Law Office for the cannot be divested by the expiration of the professional employment. An
conflicting latters legal services for a fee of attorney is forbidden to do either of two things after severing his relationship
interests except P2,000 a month. From 1991-2001, with a former client. He may not do anything which will affect his former client
by written the only services actually performed nor me he use against his former client information acquired through their
consent of all by B&S for Acaramba was the previous transaction as attorney and client.
concerned given review of lease of agreement and
after a full representation of Arcamba as
disclosure of the complainant in a bouncing checks
facts. case. Acaramba stopped paying
retainer fee in 2002 and terminated
its retainer agreement with B&S in
2005. In 2007, Temavous another
telecommunications company
requested B&S to act as its counsel
in the following transactions: (a)
acquisition of Arcamba; (b) the
acquisition of Super 6, a company
engaged in the power business. In
which transaction, if any, can Bianca
and Sophia Law Office represent
Temavous? (2008 Bar Exams)
Atty. Marie consulted Atty. No. In this case, there is already an attorney-client relationship between Atty.
Hernandez whether she can Marie and Atty. Hernandez in the course of consultation requirement. Atty.
successfully prosecute her case for Hernandez is forbidden from representing a subsequent client against a former
246-
Rule 15.03 14 2 declaration of nullity of marriage client because the subject matter of the present case is related directly to the
250
she intends to file against her subject matter of the consultation happened between Atty. Marie and Atty.
husband. Atty. Hernandez advised Hernandez. More so, it is the duty of a lawyer even though it is only a privilege
her in writing that the case will not communication to protect the interest of its client the privilege continues to
prosper for the reasons stated exist even after the termination of the attorney-client relationship unless
therein. Atty. Marie, however waived by the client himself.
decided to file the case and engaged
the services of another lawyer, Atty.
Pe. Her husband, Noel, having
learned the opinion of Atty.
Hernandez, hired him as a lawyer.
The rationale of the rule is that the clients confidence once reposed cannot be
divested by the expiration of the professional employment. An attorney owes
The existence of an attorney-client
loyalty to his client in the case in which he has represented him. Termination of
relationship precludes the lawyer
relation provides no justification for a lawyer to represent an interest adverse
from accepting professional
to or in conflict with that of the former client.
employment from the clients
Editors Note:
adversary, either in the same case
Editors Note: The relation of attorney and client is founded on principles of
246- or in a different but related action,
Rule 15.03 14 3 Hilado vs. David, 85 Phil 569 public police, on good taste. The question is not necessarily one of the rights of
250 and the prohibition lies irrespective
the parties, but as to whether the attorney has adhered to proper professional
of whether or not a lawyer acquired
Funa, No. 6, p. 242 standard. With these thoughts in mind, it behooves attorneys, like Ceasars
professional information from his
wife, not only to keep violate the clients confidence, but also to avoid the
client. Discuss the foundation of and
appearance of treachery and double dealing. Only thus can litigants be
the philosophy behind the aforesaid
encouraged to entrust their secrets to their attorneys which is of paramount
rule.
importance in the administration of justice (Hilado vs. David, 85 Phil 569).
Lawyer A rendered professional NO. As long as A has the authority of client B to appear in the said case. A
246-
Rule 15.03 14 4 services for B in a case until final lawyer has authority to bind the client in all matters of ordinary judicial
250
judgment . Later on B prosecuted procedure and substantive matters only with the clients express or implied
other cases against different consent. Furthermore even A is no longer part of the defendants of B in
persons. In the new cases, B did other cases it is the duty of A to safeguard his clients interest commences
not retain A who was not even from his retainer until his effective release. During that period, he is expected
consulted. The defendants and to take such reasonable steps and such ordinary care as his clients interest
subject matter of the case are may require.
different from the case previously
handled by A. The defendant in Editors Note:
one of the new cases of B
retained A who filed his Another test of inconsistency of interests is whether the acceptance of a new
appearance in the said case. Did A relation would prevent the discharge of the lawyers duty of undivided fidelity
violate legal ethics by appearing for and loyalty to the client or invite suspicion of unfaithfulness or double dealing
one of the defendants in the new in the performance of that duty. Still another test is whether the lawyer would
cases of B? be called upon in the new relation to use against a former client any
confidential information required through their connection or previous
employment. (Quiambao vs. Bamba, AC No. 6708, 25 August 2005)
I vs. J; K vs. J
Is the present client and was a former client in a case that is unrelated (UST
Faculty of Civil Law)
246-
Rule 15.03 14 5 X, practicing lawyer, was Yes. According to Rule 15.03 A lawyer shall not represent conflicting interests
250
approached by Y for legal advice. He except with written consent of all concerned given after a full disclosure of
took down the facts if the case as facts. In applying the said rules to the case at bar, it is to be considered that A
narrated by Y, who, however, did and X already have a client-lawyer relationship due to the fact that he prepared
not divulge the name of the other a written opinion for the former. It is enough that the counsel of one party had
party in the case, promising to do so a hand in the preparation of the pleadings of the other party, claiming adverse
later. Upon her request, a written and conflicting interest with that of his original client (Artezuela vs Maderazo)
opinion was prepared by X in her
possible cause of action, and this Editors Note: Creation of Relation: Forms of Employment as Counsel to a Client
opinion was sent to her together
with Xs bill for rendering the xxx
opinion. Y did not pay the bill
without stating any reason. Shortly, xxx
thereafter, X was asked by his uncle
(his fathers brother) to appear for 3. Implied when there is no agreement whether oral or written but the client
him in a court case and upon allowed the lawyer to render legal services not intended to be gratuitous
reading the complaint, X discovered without the objection, and the client is benefited by reason thereof.
that his uncle was the other party
in the case on which Y had earlier Creation of Relation: Forms of Employment as Counsel to Client, Mem Aid,
consulted him. p.454
X entered his appearance in court The facts fall within the ambit of an implied attorney-client relationship.
for his uncle, and the counsel for Y
Therefore, it is bound by the rule on privilege communication. It is of no
promptly moved to disqualify him moment that Y did not pay the bill without stating any reason. The lawyer may
on the ground that, on the very seek proper remedies for that. However, it would not change the fact that a
subject matter of the action, X had professional relationship had already been created. Also, since an attorney-
been engaged as counsel for Y. client relationship already existed between X and Y, conflict of interest would
If you were the judge, would you arise if X would not inhibit himself as counsel of his uncle. But he may not be
disqualify X from appearing for his disciplined for appearing for his uncle prior to the disqualification given the
uncle? Discuss your answer briefly. presumption the he acted in good faith and he was totally unaware of the
(1969 Bar Exams) realities concerning the case. Granting that Y is not yet a client, Rule 15.02, on
the other hand, may also be applicable. It states that a lawyer shall be bound
by the rule on privilege communication in respect of matters disclosed to him
by a PROSPECTIVE client.
Editors Note: Yes there is conflict of interest despite Atty. Japzons contention
that she never handled the case of Kapamilya Corporation when she was still
with XXX law firm because what is material in determining whether there is
conflict of interest in the representation is probability, not certainty (Quiambao
vs. Bamba, AC No. 6708, August 2005). In the case at bar, the probability of
conflict of interest is obvious.
Atty. Japzon, a former partner of
XXX law firm, is representing (Funa, No. 8, p. 243)
Editors Note: Kapuso Corporation in a civil case
against Kapamilya Corporation There is conflict of interest where client A is represented by lawyer B who is
246- Quiambao vs. Bamba, AC No. whose legal counsel is XXX law firm. a partner in law firm C in a civil case and subsequently lawyer D, who is
Rule 15.03 14 6 also a partner in law firm C, agrees to represent E who was sued by A in a
250 6708, August 2005 Atty. Japzon claims that she never
handled the case of Kapamilya different criminal case. There is conflict in interest notwithstanding that lawyer
Funa, No. 8, p. 243 Corporation when she was still with B signed the pleadings on behalf of law firm C wile D signed the
XXX law firm. Is there a conflict of pleadings in the criminal case in his personal capacity, without mention of their
interest? Explain. (2005 Bar Exams) law firm (Gonzlaes vs. Cabucana, AC No. 6836, January 2006)
[W]e cannot sanction his taking up of the cause of the adversary of the
party who had sought and obtained legal advice from his firm; this, not
necessarily to present any injustice to plaintiff but to keep above
reproach the honor and integrity of the courts and of the bar. Without
condemning the respondents conduct as dishonest, corrupt, fraudulent,
we do believe that upon the admitted facts it is highly expedient. It had
the tendency to bring the profession, of which he is distinguished
member, into public disrepute and suspicion and undermine the
integrity of justice.
The relations of partners in law firm are such that neither the firm nor any
member or associate thereof, may accept any professional employment which
any member of the firm cannot properly accept (ABA Opinion 72 and 49).
Six months ago, Atty. Z was No answer was provided by the assigned individual.
consulted by A about a four-door
apartment in Manila left by her Editors Note:
246-
Rule 15.03 14 8 deceased parents. A complained
250
that her two siblings, B and C, who A. Atty. Z has the duty to decline employment for he labors under conflict of
were occupying two units of the interest pursuant to Rule 15.03 of the CPR. A prior attorney-client interest
apartment were collecting the existed between A and Atty. Z when the former consulted the latter disclosing
rentals form the other two units of facts essential to the case. Such disclosure is protected by the rule on privilege
the apartment, and refusing to give communication. The mere probability and not only the certainty of conflict of
to her any part thereof. Atty. Z interest is enough. This extends even after the termination of the attorney-
advised A to seek the intervention client relationship.
of her relatives and told her that, if
this failed, he would take legal B. Yes he must tell B that A consulted him earlier. It is strongly emphasized,
action as A asked him to do so. though, that what he may tell B should only be limited to the mere happening
Today, September 22, 2002, B asks of event and should not include any information protected by the rule of
Atty. Z to defend him in a suit privilege communication. He must tell B of the event because this will serve as
brought by A against him (B) and C his ground to decline the employment. Also, this may pave the way for the
through another counsel. exception where a written consent of all concerned will be given after a full
disclosure of the fact. All of these are pursuant to Rule 15.03
A. Should Atty. Z accept the case
Why?
Yes. Consent by both parties does not suffice. Rule 15.03 of the CPR provides
In a contentious transaction of sale
that a lawyer shall not represent conflicting interests except by written
and purchase involving real
consent of all concerned given after full disclosure of the facts. Thus, in this
property between X (seller) and Y
case, even if both parties (X and Y) have knowledge and consent that Atty. Z
(purchaser), whose interests were
acted for both of them, the latter is still considered to have committed
246- diametrically opposed to each
Rule 15.03 14 10 malpractice, in violation of Rule 15.03.
250 other, Atty. Z with the knowledge
and consent of X and Y, acted as the
Editors Note: The answer must be qualified. Rule 15.03 provides that the
attorney for both parties. Did Atty.
consent must be written. The facts of the case were silent as to the form of
Z commit malpractice? Explain.
consent. If the consent was written, then Atty. Z did not commit malpractice.
[2000 bar exams]
However, if it is not, then Atty. Z violated Rule 15.03 of the CPR.
Atty. Juan Cruz, a practicing lawyer, Atty. Cruz should have not accepted to represent Maria del Rio because the
246- was employed by Pilipinas Bank as case involves his employer-client Pilipinas Bank, thus, constitutes a conflict of
Rule 15.03 14 11
250 its bank attorney and notary public interest. Atty. Cruz clearly violated Rule 15.03 of the CPR which prohibits a
in three of its branches in Manila. lawyer from representing conflicting interests except by written consent of all
While thus employed, Maria del Rio, concerned given after full disclosure of the facts. Therefore, there is a valid
who was unaware of Atty. Cruzs legal basis to discipline him, which is his infraction of Rule 15.03 of the CPR.
employment in the bank, engaged
Atty. Cruzs services as a lawyer in a
case that was filed by Pilipinas Bank
for collection of sum of money
involving one of its branches in
Quezon City which Atty. Cruz
accepted. The Quezon City Regional
Trial Court, after due proceeding
and hearing, rendered judgment in
favor of Pilipinas Bank and against
Maria del Rio who wanted to appeal
the adverse judgment. But upon
advice of Atty. Cruz, the adverse
judgment was not appealed.
Thereafter, Maria del Rio learned
Atty. Cruz was employed by
Pilipinas Bank as one of its
attorneys. She now consults with
you and asks you to make legal
steps against Atty. Cruz for his
apparent misconduct.
246-
Rule 15.03 14 12
250 Explain your understanding of The rule on conflict of interests prohibits a lawyer from representing new
Conflict of Interest under the clients whose interests oppose those of a former client (Editors Note: or a
Code of Professional Responsibility. current client) in any manner, whether or not they are parties in the same
[1997 bar exams] action or in totally unrelated cases. It includes representing opposing clients in
two different cases, although these cases may be unrelated to each other. Rule
15.03 of the Canons of Professional Responsibility prohibits a lawyer from
representing conflicting interests unless there is a written consent of all
concerned given after full disclosure if the facts.
Editors Note: See Mem Aid, p. 458 for Test of Conflicting Interests
Mrs. F, a young matron, was No. Rule 15.03 of the CPR is clear. The Rule provides that a lawyer shall not
referred to you for legal advice by represent conflicting interests except by written consent of all concerned given
your good friend in connection with after full disclosure of the facts. In this case, since I represented Mrs. F in a
the matrons jewelry business. She previous case, I am not now allowed to represent another client in a criminal
related to you the facts regarding a case for estafa against Mrs. F. Such situation constitutes representing
sale on consignment of pieces of conflicting interests which is exactly what Rule 15.03 proscribes. This Rule
jewelry to someone she did not applies whether or not the cases are unrelated to each other.
name or identify. Since she was
246- Creation of Relation, p. 454, referred to you by a close friend, Editors Note: Please see No. 5. It has almost the same set of facts. However,
Rule 15.03 14 13
250 Mem Aid. you did not bill her for the the slight difference in this case is that the lawyer has intended the service to
consultation. Neither did she offer be gratuitous, the question of whether or not an attorney-client relationship
to compensate you. Six months existed between the lawyer and Mrs. F arises. In all the forms of employment
later, Mrs. G, the wife of general as counsel to a client the matter of fee is indispensable but such is absent in the
manager of a client company of case at bar.
your law firm, asked you to defend
her in a criminal case for estafa filed It must be remembered that an attorney-client relationship is a requisite in
by Mrs. F. Would you agree to order to establish the application of the pertinent provisions of the CPR. It is,
handle the case? [1997 bar exams] therefore, submitted, that no attorney-client relationship existed between Mrs.
F and the lawyer, and, as such, no conflict of interest may arise in the technical
sense. See. Creation of Relation, p. 454, Mem Aid.
Rule 15.04
A lawyer may,
with the written
consent of all
- 0 0
concerned, act
as mediator,
conciliator or
arbitrator in
settling
disputes.
No answer was provided by the assigned individual.
Rule 15.05
Editors Note: Canon 8, CPE provides:
A lawyer when
advising his A lawyer should endeavor to obtain full knowledge of his clients cause before
client, shall give advising thereon, and he is bound to give a candid opinion of the merits and
a candid and What steps should first be done by probable result of pending or contemplated litigation. The miscarriages to
honest opinion the attorney before he can endorse which justice is subject, by reason of surprises and disappointments in evidence
253- and witnesses, through mistakes and errors of courts, even though only
on the merits 1 1 or object to his clients intention to
253 occasional, admonish lawyers to beware of bold and confident assurances to
and probable plead guilty? State your reason.
results of the [2001 bar exams] clients, especially where the employment may depend upon such assurance.
clients case, Whenever the controversy will admit a fair judgment, the client should be
neither advised to avoid or to end the litigation.
overstating nor
understating
the prospects of
the case.
Rule 15.06
A lawyer shall
not state or
imply that he is - 0 0
able to
influence any
public official,
tribunal or
legislative body.
Rule 15.07
A lawyer shall
impress upon
his client - 0 0
compliance with
the laws and
principles of
fairness.
Rule 15.08
A lawyer who is
engaged in
another
profession or
occupation
concurrently
with the - 0 0
practice of law
shall make clear
to his client
whether he is
acting as a
lawyer or in
another
capacity.
Canon 16
Editors Note: FROM THIS POINT ONWARDS, DUE TO TIME CONSTRAINTS
BROUGHTABOUT BY SEVERAL FACTORS INCLUDING THE INABILITY OF SOME OF
A lawyer shall
US TO RENDER ANSWERS, I SHALL NO LONGER BE QUOTING THE EXACT
hold in trust all
256- Liabilities of a Lawyer, p. 473- Under what circumstances may a ANSWERS. INSTEAD, I WILL JUST BE REFERRING YOU TO THE MATERIALS FROM
moneys and 1 1
256 474, Mem Aid lawyer be civilly liable to his client? WHICH YOU MAY GET IT. MY APOLOGIES BUT OUR TOP PRIORITY IS TO FINISH
properties of his
THE WHOLE COVERAGE.
client that may
come into his
Liabilities of a Lawyer, p. 473-474, Mem Aid
possession.
Navarro vs. Meneses III, CBD Lawyer A collected P50,000.00 for a. He may be disbarred. In the case of Navarro vs. Meneses III, CBD AC No. 313,
259- AC No. 313, January 30, 1998, his client. He turned over to his January 30, 1998, The respondent disbarred the complainant for failure to
Rule 16.01 2 2
260 client only P45,000.00, retaining account the P50,000 received from a client in consideration for an out-of court
Espiritu vs. Cabredo, AC No. P5,000.00 as agreed attorneys fees. settlement. However, in the case of Espiritu vs. Cabredo, AC No. 5831, January
5831 13, 2003, the lawyer who failed to account the money intended as payment to
a. May he be disbarred for breach of the plaintiff in a civil case was only suspended for one year. In the case of
Dumadag vs. Lumaya, 197 trust in failing to turn over the Dumadag vs. Lumaya, 197 SCRA, 303, the respondent was suspended
SCRA, 303 entire amount to his client? indefinitely for not remitting to his client the amount he had received pursuant
Reasons. to an execution.
Bengco vs. Bernardo, AC No.
6368, June 13, 2012 b. Supposed he was acquitted of b. No. Acquittal in the criminal case for estafa does not constitute a bar for the
estafa filed against him therefor, subsequent disbarments of the lawyer. The Supreme Court ruled in a case: It is
can disbarment proceedings likewise settled that disbarment proceeding is separate and distinct from a
thereafter be validly instituted criminal action filed against a lawyer despite having involved the same set of
against him without placing him in facts. Jurisprudence has it that a finding of guilt in the criminal case will not
double jeopardy? Reasons. [1971 necessarily result in a finding of liability in the administrative case. Conversely,
bar exams] the respondents acquittal does not necessarily exculpate him
administratively. (Bengco vs. Bernardo, AC No. 6368, June 13, 2012)
a. Yes. The lawyer clearly violated Rule 16.03 of the CPR which provides that a
lawyer shall deliver the funds and property of his client when due or upon
Upon his lawyers advice to
demand. However, he shall have a lien over the funds and may apply so much
amicably settle a case against him,
Rule 16.02 thereof as may be necessary to satisfy his lawful fees and disbursements, giving
the defendant gave P1,000 in cash
notice promptly thereafter to his client. x x x."
to his lawyer for delivery to the
A lawyer shall
plaintiff. Finding the plaintiff to be
keep the funds Editors Note: In addition the lawyer also violated Rule 16.02 by not keeping the
out of the country at the time, the
of each client 260- funds separate and apart from his own funds.
1 1 lawyer deposited the P1,000 in his
separate and 261
own account in the bank to await
apart from his b. Yes. The Supreme Court ruled in a case that a counsel has no right to retain
the plaintiffs return. However,
own and those or appropriate unilaterally as lawyers lien (Cabigao vs. Rodrigo, 57 Phil. 20) any
upon his return, the plaintiff had
of others kept amount belonging to the client which may come to his possession. Rule 16.03
changed his mind about amicably
by him. clearly states that the lawyer shall give notice promptly to his client regarding
settling the case and did not accept
the retention of the amount as applied to his fees. However, in this case, the
the P1,000 from the defendants
lawyer notified the client regarding the application of the amount to his lawful
lawyer.
fees only when he (the lawyer) was demanded by the client to return the
The defendant upon learning this, amount to him. Thus, the lawyer committed malpractice which may subject
asked his lawyer to return him the him to disciplinary action.
P1,000, which the latter could no
longer do because in the meantime Editors Note: See Remedy of Client, p. 474, Mem Aid
he had already appropriated the
money on his own use. However,
since he was then handling some
other legal matter for the
defendants on which he had not yet
billed him, the lawyer promptly sent
him a bill for P1,500 for services
rendered in this other matter and
stated therein that he had already
set-off the P1,000 entrusted to him
in the first case, thereby leaving
P500 balance until payable him.
Rule 16.03
- 0 0
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 and
executions he
has secured for
his client as
provided for in
the Rules of
Court.
Rule 16.04
A lawyer shall
not borrow
money from his
client unless the
clients interests
are fully
protected by
the nature of
the case or by
independent
advice. Neither - 0 0
shall a lawyer
lend money to a
client except,
when in the
interest of
justice, he has
to advance
necessary
expenses in a
legal matter he
is handling for
the client.
Provincial prosecutor Bonfacio
No, a lawyer is not obliged to act as counsel for every person who may wish to
Canon 17 refused to represent the become his client. He has the right to decline employment.
municipality of San Vicente in a case
A lawyer owes for collection of taxes. He explained
fidelity to the that he cannot handle the case with
282- Editors Note: Yes. Atty. Bonifacio is a provincial prosecutor and not merely a
cause of his 8 1 sincerity and industry because he
284 private practitioner. Upon accepting the said position in the government which
client and he does not believe in the position
shall be mindful taken by the municipality. he now occupies, he owes fidelity to his clients, the PEOPLEt. His refusal is in
of the trust and violation of Canon 17 and Rule 14.01 for which he could be sanctioned
confidence Can Prosecutor Bonfiacio be administratively.
reposed in him sanctioned administratively?
As Counsel for the estate of a The statutory provision that finds application in the case was Article 1491(5) of
deceased person, B initiated the Civil code which states that :
proceedings for the sale at public
auction of certain properties The following persons cannot acquire by purchase, even at a public or
belonging to the estate. One judicial auction, either in person or through the mediation of another:
residential lot was purchased by his
282- xxx
Canon 17 8 2 wife, another lot by his son, and the
284 remainder by his sister. (5) Justices, judges, prosecuting attorneys, clerks of superior and
inferior courts, and other officers and employees connected with the
What statutory provision or canon
administration of justice, the property and rights in litigation or levied
of legal ethics finds application in
upon an execution before the court within whose jurisdiction or
this case? Explain. (1970 bar exams)
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;
the lawyer should not purchase any interest in the subject matter of
the litigation which he is conducting
As long as the property was not acquired by the lawyer through assignment, I
think the acquisition of the property by his wife, by his son and his sister is
valid.
XXXXX
Discuss briefly the duty of a lawyer (e) to maintain inviolate the confidence, and at every peril to himself, to
282- preserve the secrets of his client, and to accept no compensation in connection
Canon 17 8 3 in the defense of a client accused of
284 with his clients business except from him or with his knowledge and approval.
a crime.
Editors Note: General Rules Protecting Attorney-Client Relationships, p.454,
Mem Aid
You are the lawyer of the guardian Yes, because according to paragraph 5 of Article 1491 of the Civil Code states
of a minor in a guardianship that;
282- proceeding. You are able to secure
Canon 17 8 4 The following persons cannot acquire by purchase, even at a public or
284 an order from the court authorizing
judicial auction, either in person or through the mediation of another:
the guardian to sell the wards
property in order to use the (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior
proceeds for the support of the courts, and other officers and employees connected with the
minor ward. The guardian administration of justice, the property and rights in litigation or levied
canvassed for the best price offered upon an execution before the court within whose jurisdiction or
for the property. You offered a territory they exercise their respective functions; this prohibition
higher price than the highest offer includes the act of acquiring by assignment and shall apply to lawyers,
and there the said property was with respect to the property and rights which may be the object of any
sold to you. May disbarment litigation in which they may take part by virtue of their profession;
proceedings be successfully
prosecuted against you? Why? Also Canon 10 of Canons of Professional ethics provides :
the lawyer should not purchase any interest in the subject matter of
the litigation which he is conducting
No, once he accepts the case or the employment, he owes fidelity to such
282- May an attorney refuse to handle a
Canon 17 8 7 cause and must always be mindful of the trust and confidence reposed to him.
284 losing case? Support your answer?
It is in relation with Canon 17.
292-
Canon 18 9 1
295
292-
Canon 18 9 2
295
292-
Canon 18 9 3
295
292- Attorney X is liable for violating Canon 18 and Rule 18.04 of the Code of
Canon 18 9 6
295 A, as plaintiff in a land-grabbing Professional responsibility. The Code provides that a lawyer shall serve his
case, was represented by Attorney client with competence and diligence. The Code states that a lawyer shall keep
X. The case was set for hearing the client informed of the status of his case and shall respond within a
three (3) scheduled hearings, reasonable time to the clients request for information, respectively. However,
Attorney X failed to appear despite the penalty of disbarment is too severe a penalty to be imposed on Attorney X.
previous notices to him. As a result, Accordingly, in most cases the, the more appropriate penalty is to suspend the
the case was dismissed. Attorney X lawyer from the practice of law and return the payment to his client with
had already received partial interest (Ferrer v. Tebelin, A.C. No. 6590; Small v. Banares, A.C. no. 7021)
payment of his fees prior to the
dismissal of the case. May Attorney
X be disbarred and on what ground
or grounds? Discuss.
292-
Canon 18 9 8
295 State the exception to the rule that The general rule is that the negligence of the counsel binds the client. The
the negligence of counsel binds the exception is where such negligence amounts to a deprivation of due process for
client. the client or results to serious injustice.
Rule 18.02 - 0 0
Is the fact alone that a lawyer failed Failure to file an Appellants Brief due to negligence on part of the lawyer
to appeal from a judgement, which makes him guilty of violating the Code. The penalties imposed vary according
299- became final through his fault, to the degree of negligence, the reason therefore, and the damage sustained
Rule 18.03 2 2
300 sufficient ground for a losing party by the client.
to recover damages from the
lawyer?
a. The moral obligations of a lawyer to his client is the fair and honest service
A mayor charged with Homicide that he can render, in the present case, the lawyer knows the plan to kill the
engaged your services as his lawyer. lone witness must act in accordance with the proper administration of justice
Since there is only one witness to and not solely for the sake of his client the mayor. The lawyer is duty bound to
the incident, the mayor disclosed to uphold and defend the rights of his client, the mayor, within the bounds of the
you his plan to kill the lone witness law. The legal obligation that he needs to uphold is primarily his duty in the
through a contrived vehicular administration of justice, although the lawyer owes fidelity to the cause of his
accident. client, he must also, with greater importance, assist in the proper
administration of justice.
a. What are the moral and
legal obligations to the
305- mayor, and to the b. The principle of privilege communication is laid down to safeguard the client
Canon 19 4 3 authorities? from any arbitrary use of the information obtained from the client in the
306
course of his employment of the lawyers services. In the present case, the
b. Should the killing push lawyer-client relationship is already secondary since a lawyer has taken an oath
through and you are certain upon his admission to the Bar that he will not willingly or willingly promote or
that the mayor is the one sue any groundless, false or unlawful suit and that his clients cause is
responsible, are you under subordinate to the administration of justice. The complaint that the lawyer will
obligation to disclose to the file against the mayor, and the information that he will divulge to the
authorities what was authorities does not in any way warrant a course of action against him because
confided to you? Is this not
his actions are propelled by good motives and intentions and his zealousness in
a privileged communication upholding the proper administration of justice.
between client and
attorney?
The lawyer is expected to defend his clients cause with zeal, but he must do so
305- within the bounds of the law, and that the services that he renders should be
Canon 19 4 4 Under the Code of Professional
306 fair and honest services, and fueled by lawful objectives.
Responsibility, lawyer owes fidelity
to the cause of his client and shall
represent his client with zeal in the
maintenance and defense of his
rights. How far, in general terms,
may a lawyer go in advocating,
supporting and defending his
clients rights and interests?
Rule 19.01 - 0 0
Atty. A discovered his clients fraud The lawyer should give an honest opinion about the possible consequences of
against the adverse party. What such actions with the client, and should take positive steps by suggesting to the
309- steps should he take so that his client the advantages of legally abiding with the procedures of the law and that
Rule 19.02 1 1 client will secure only that which is such acts may lead to undesirable consequences.
309
legally and justly due him?
311-
Rule 19.03 0 0
311
a. The time spent and the extent of the services rendered or required
f. The customary charges for similar services and the schedule of fees of
the IBP chapter to which he belongs
When is a written contract for When the client is ignorant and uneducated, the written agreement may not be
professional services between a persuasive and the valuation of legal services should be made on the basis of
322- lawyer and a client not binding on quantum meruit. When there is a mistake or imperfections on the writing, or its
Canon 20 9 4
324 the client? Explain briefly. failure to express the true intent and agreement of the parties, or when there is
an intrinsic ambiguity in the writing itself.
May a lawyer undertake to finance Yes. A lawyer may accept property in payment, however, a fee paid in property
322- the case of his client in Court in instead of money may be subject to special scrutiny because it involves
Canon 20 9 6
324 consideration of a portion of the questions concerning both the value of the services and the lawyers special
property litigated as his knowledge of the value of the property.
compensation? Why?
A lawyer and his client entered into
a written agreement whereby the
client bound himself to pay his
lawyer, for services rendered, one-
half of the property in litigation
should the client win his case up to Yes. The Contract is valid because the prohibition that is intended by Article
the Supreme Court. The lawyer won 1491 of the Civil Code is the sale or assignment of the property that takes place
the case but the client refused to during the pendency of the litigation involving the clients property. If the
comply with his obligation. property is acquired after the termination of the case, no violation on the same
article is made.
Is the contract for a contingent fee
322- valid considering the provisions of
Canon 20 9 7
324 article 1491 of the Civil Code, which The charging lien is the right which the attorney has upon all judgments for the
prohibits the sale or assignment payment of money, and executions issued in pursuance of said judgments,
between the lawyer and his client of which he has secured in litigation of his client (Section 33, Rule 127, Rules of
the property which is the subject of Court). The only action that a lawyer can do is to make a record of his claim in
litigation? order that it may be considered in the execution of the judgment that may be
rendered (De Caina vs Victoriano, G.R. No. L-12905)
How should the lawyer register in
his interest on the Torrens Title of
the land involved as an attorneys
charging lien under the rules of
court, or as an adverse claim under
the Land Registration Act?
322- A client refuses to pay Atty. A his A lawyer has a right to be paid for the legal services he has extended to his
Canon 20 9 8
324 contracted attorneys fees on the client , which compensation must be reasonable. A lawyer is entitled to receive
ground that counsel did not wish to what he merits for his services and the amount is determined on a quantum
intervene in the process of effecting meruit basis, wherein the courts shall fix the a reasonable compensation which
a fair settlement of the case. the lawyers may receive for their professional services. (Rilloraza vs Eastern
Decide. Telecommunication Phils, GR No 104600)
X is the lawyer of Abakada Inc. On No, X is not entitled to collect his attorneys fees. The agreement between X
January 16, 1972, the corporation and Abakada Inc is a contingency agreement, and such mode of billing is
endorsed a collection case to X for allowed. However, in the case at bar, X did not do anything for the case after
326- the other party had filed their answer. The collection of P20000.00 was due to
Rule 20.01 3 1 P20000.00 with the understanding
327 a compromise agreement between Abakada Inc and the defendant, and not
that X is to receive 20% of the
amount collected as attorneys fees. because of Xs services to the said collection case. In fact, X did not render his
The case is very simple and the services at all. Therefore, X is not entitled to collect attorneys fees.
documentary evidence was
complete.
326-
Rule 20.01 3 3 An action for Forcible Entry filed No. Defendants contentions that attorneys fees may be given as moral
327
before the Municipal Court was damages which was specifically claimed in his counterclaim cannot be
dismissed by it. The Court of First sustained. The rule on awards of attorney's fees is found in Art. 2208 of the
Instance (now Regional Trial Court), New Civil Code which provides:
on appeal, also dismissed the
complaint on the ground that the Article 2208. In the absence of stipulation, attorney's fees and
issue involved is purely an agrarian expenses of litigation, other than judicial costs, cannot be
matter but awarded attorneys fees recovered, except:
of not less than P500.00 in favor
of the defendant. Plaintiff moved (1) When exemplary damages are awarded;
for reconsideration on the ground
that attorneys fees in favor of (2) When the defendant's act or omission has compelled the
defendant had no basis in fact and plaintiff to litigate with third persons or to incur expenses to
in law. Defendant, however, insisted protect his interests;
that the award was in order
pointing out that attorneys fees (3) In criminal cases of malicious prosecution against the-
may be given as moral damages plaintiff;
which was specifically claimed in his
counter claim; that the Complaint (4) In case of a clearly unfounded civil action or proceeding
was clearly unfounded; and that his against the plaintiff;
Answer included a general prayer
for relief. Would you sustain (5) Where the defendant acted in gross and evident bad faith in
defendants contentions? refusing to satisfy the plaintiff's valid and demandable claim;
(11) In any other case where the court deems it just and
equitable that attorney's fees and expenses of litigation should
be recovered;
From the very opening sentence of Art. 2208, it is clearly intended to retain the
award of attorney's fees as the exception in our law, as the general rule
remains that attorney's fees are not recoverable in the absence of a stipulation
thereto, the reason being that it is not sound policy to self a premium on the
right to litigate.
a. The Manila lawyer, who transferred the cases to the Cebu lawyer, and asked
A Manila-based lawyer meets a for a 10% share of fees, may not properly ask for the said proportion of fees. A
former classmate now a law legal work may be shared between two or more lawyers in certain
practitioner in Cebu. The former circumstances. Rule 20.02 of the CPR states that, a lawyer shall, in cases of
tells the latter, I have a number of referral, with the consent of the client, be entitled to a division of fees in
329- corporate clients in Manila with proportion to the work performed and responsibility assumed. It means, given
Rule 20.02 1 1
329 branches in Cebu. I now find it that the client consented to a referral, that if the work required has been
taxing to attend to out-of-city work. shared between these lawyers, then the fees would have to be shared between
Id like to forward to you, of course them proportionately. In the present case, the Manila lawyer simply forwarded
with my clients consent their Cebu the cases to the Cebu lawyer, without any contribution of work or services to
cases as these are referred to me. the cases given him. It is therefore improper for the Manila lawyer to seek a
You will have blanket authority to share.
bill their Cebu branches directly for
the service. Ill be happy with a b. If the two lawyers, however, jointly enter their appearance as counsel in the
share of 10% of the billing. What do Cebu cases but the actual conduct of trial would be left to Cebu lawyer, the
you say? lawyers may divided the fee on the basis of proportion of services they render
a. Comment on the or by agreement between the two lawyers, since they assume responsibility for
propriety of the the representation by jointly appearing as counsels.
proposal.
b. What difference, if at
all, would it make if it
had been proposed,
instead, that the two
lawyers, with clients
consent, would jointly
enter their appearance
as counsel in the Cebu
cases although actual
conduct of trial would
be left to Cebu lawyer?
Chester asked Laarni to handle his a. Yes, Chesters refusal is justified. Although contingent fees are not per se
claim to a sizeable parcel of land in prohibited by law, its validity depends upon the reasonableness of the amount
Quezon City against a well-known fixed as contingent fee under the circumstances of the case. When it is shown
347-
Rule 20.04 23 1 property developer on a contingent that the compensation is clearly excessive, the Court must and will protect the
351
fee basis. Laarni asked for 15% of aggrieved party. In the case at bar, the contingent fee of 15% of P1 Billion
the land that may be recovered or amounting to P150 Million is clearly excessive and unconscionable, which
15% of whatever monetary amounts to extortion and an unfair advantage taken of the client. Therefore,
settlement that may be received Chester may refuse to pay Laarni P150 Million.
from the property developer as her
only fee contingent upon securing a
b. Yes, Chesters refusal is justified. Article 1491 of the Civil Code prohibits
favorable final judgment or
compromise settlement. Chester lawyers from acquiring by purchase properties and rights which are the object
signed the contingent fee of litigation in which they take part by reason of their profession. Therefore,
agreement. Chester may refuse to convey 15% of the litigated land.
The following are instances when a client may validly refuse to pay his lawyer
the full amount of attorneys fees stipulated in their written contract:
Give 4 instances when a client may 1. When the stipulated fees are found unconscionable or
347- validly refuse to pay his lawyer the unreasonable by the court;
Rule 20.04 23 4 2. When the contract for attorneys fees is void due to purely formal
351 full amount of attorneys fees
stipulated in their written contract. matters or defects of execution;
3. When the counsel, for justifiable cause, was not able to finish the
case to its conclusion;
4. When lawyer and client disregard the contract for attorneys fees.
347-
Rule 20.04 23 5
351
347-
Rule 20.04 23 6
351
Retaining fee- is a preliminary fee paid to ensure and secure a lawyers future
services, to remunerate him for being deprived; by being retained, by one
347- Define: Retaining fee; contingent party, of the opportunity of rendering services to the other party and of
Rule 20.04 23 7 receiving pay from him.
351 fee.
2 Kinds of retainer fees:
a.) General fee paid to a lawyer to secure his future services as GENERAL
COUNSEL for any ordinary legal problem that may arise in the routinary
business of the client and referred to him for legal action. Usually a
fixed amount for a monthly period. It is independent and different
from the compensation which the lawyer should receive in payment for
his services.
b.) Special- a fee for a specific case handled or special service rendered by
the lawyer for a client.
Contingent fee- is the arrangement for the payment of attorneys fees whereby
such attorneys fees are due only if the lawyer handles a case successfully.
Rule 8, Sec. 2, Book 3 of the Omnibus Rules Implementing the Labor Code:
Sec.11 Attorneys fees in any judicial or administrative proceedings for the
recovery of wages shall not exceed 10% of the amount awarded. The feesmay
be deducted from the total amount due the winning party.
Rule 20.4 states that a lawyer shall avoid controversies with clients
concerning his compensation and shall resort to judicial action only to prevent
Would you consider it advisable for imposition, injustice or fraud.
347-
Rule 20.04 23 9 a lawyer to sue his client to recover A dispute with a client over fees is a matter that is entirely avoidable. The duty
351
his fees? of candor mandates that a lawyer must make clear with the client the exact
fees that he expects to collect. For the benefit of the lawyer and the client, it is
imperative that agreements over lawyers fees be reduced into writing and
signed by the parties to avoid disputes.
(2) When the defendant's act or omission has compelled the plaintiff to
litigate with third persons or to incur expenses to protect his interests;
(5) Where the defendant acted in gross and evident bad faith in refusing
to satisfy the plaintiff's valid and demandable claim;
Give at least 5 instances when
347- attorneys fees when the attorneys (6) In actions for legal support;
Rule 20.04 23 11
351 fees may be recovered as an
element of damages. (7) In actions for the recovery of wages of household helpers, laborers
and skilled workers;
(9) In a separate civil action to recover civil liability arising from a crime;
(11) In any other case where the court deems it just and equitable that
attorney's fees and expenses of litigation should be recovered;
In all cases, the attorney's fees and expenses of litigation must be reasonable.
347-
Rule 20.04 23 12
351
Explain what an attorneys lien is It is the right of an attorney to hold or retain a clients money or property or to
and how it may be enforced. encumber money payable to the client until the attorneys fees have been
properly determined and paid.
How it may be enforced - The lawyers continuing exercise of his retaining lien
presupposes that the client agrees with the amount of attorneys fees to be
charged. If the client does not agree, the lawyer must not arbitrarily apply the
funds in his possession to the payment of his fees. When the lawyer receives
the funds belonging to his client, he may collect any lien which he has over
them, provide HE GIVES PROMPT NOTICE TO HIS CLIENT.
This basically means that a.) There is no express contract for payment of
IF the court decides that the attorneys fees agreed between the lawyer and the client; b.) when although
counsel of a party to a case may there is a formal contract, the fees stipulated are found unconscionable or
347-
Rule 20.04 23 13 recover attorneys fees on the basis unreasonable by the court; c.) when the contract is void due to purely formal
351
of quantum meruit, what does defects of execution; d) when the counsel, for justifiable cause, was not able to
the order of the court mean. finish the case to its conclusion; e.) when lawyer and client disregard the
contract for attorneys fees.
A man approaches you for the The best option would be to enter into a contingent agreement with the
purposes of retaining you as prospective client. A contingent agreement is an arrangement for the payment
counsel. He informs you that he is of attorneys fees whereby such attorneys fees are due only if the lawyer
without sufficient funds to conduct handles a case successfully. This creates a situation that is beneficial to both
347-
Rule 20.04 23 14 a litigation to pay for filing fees, etc. parties since the client is given a chance to have the wrong committed against
351
But after questioning him you find him redressed while the lawyer is justly compensated for his services if ever he
that he has a meritorious case, that wins the case. Either way, both parties are provided the opportunity to
he is oppressed by a wealthy man, advance their interests.
and that, if handled correctly, he
may be able to recover a large sum
of money by way of damages. If
you decide to accept the case, what
kind of agreement will you enter
into with your client to solve the
problem of expenses and the
payment of attorneys fees?
What is meant by compensation It means as much as he deserves. It is an expression that describes the extent
347-
Rule 20.04 23 17 based on quantum meruit? of liability on a contract implied by law. An equitable doctrine, based on the
351
concept that no one who benefits by labor and materials of another should be
unjustly enriched thereby; under those circumstances, the law implies a
promise to pay a reasonable amount for the labor and materials furnished,
even absent a specific contract therefor.
A lawyer files court litigation against his client when his compensation is based
on quantum meruit. Recovery of attorneys fees on the basis of quantum
meruit is authorized when:
b.) When although there is a formal contract for attorneys fees, the
fees stipulated are found unconscionable for unreasonable by the
court.
Discuss the propriety of a lawyer
347-
Rule 20.04 23 18 filing court litigation against his c.) When the contract for attorneys fees is void due to purely formal
351
client over his fees. defects of execution.
d.) When the counsel, for justifiable cause, was not able to finish the
case to its conclusion.
e.) When lawyer and client disregard the contract for attorneys fees.
A lawyer has the right to be paid for the legal services he has extended to his
client, which compensation must be reasonable. A lawyer would be entitled to
receive what he merits for his services. Court litigation filed by lawyers against
clients prevents an unscrupulous client from running away with the fruits of
the legal services of counsel without paying for it.
347-
Rule 20.04 23 19 Atty. X, after obtaining a favourable No. Under Section 37, Rule 138 of the Rules of Court, An attorney shall have a
351
judgment for the plaintiffs, filed a lien upon the funds, documents and papers of his client which have lawfully
motion for the annotation of his come into his possession and may retain the same until his lawful fees and
attorneys lien at the back of disbursements have been paid, and may apply such funds to the satisfaction
plaintiffs Transfer Certificate of thereof. XXX.
Title, alleging that notwithstanding
the professional services he had The rule provides that the funds, documents and papers of his client which
rendered, plaintiffs refused and have lawfully come into his possession may be subject to attorneys lien.
failed to pay him his fees which he Assuming there is an attorney-client relationship, the attorney must have
placed at P2,000.00. The court possession of the property of his client in order to establish an attorneys lien.
granted the motion and ordered In the case at bar, the Transfer Certificate of Title is not in the possession of the
plaintiffs to surrender their Transfer lawyer. Therefore, attorneys lien may not be annotated on the Transfer
Certificate of Title so that the Certificate of Title.
annotation requested may be made.
Is the order of the court granting
the motion correct?
a. No. Contingent fees are not per se prohibited by law. Its validity depends, in
Atty. CJ handled the case for
large measure, upon the reasonableness of the amount fixed as contingent fee
plaintiff GE against defendant XY in
under the circumstances of the case. The assignment of one-half of the lot was
an action for damages. Judgment
clearly excessive and unconscionable. Awarding such to the lawyer would
was rendered for plaintiff GE. When
amount to an unfair advantage on the part of the client.
a writ of execution was issued, the
347-
Rule 20.04 23 20 sheriff levied on a 400-squared b. Yes. He violated Canon 20 which provides that a lawyer shall charge only fair
351
meter lot of defendant XY. Pursuant and unreasonable fees. Atty. CJ pursuant to their contingent fee contract asked
to their contingent fee contract, for 50% of the lot which is clearly excessive and unreasonable and creates a
plaintiff GE executed a deed of disadvantage on the part of the client.
assignment in favour of Atty. CJ of
one-half of the lot. Atty. CJ accepted
the assignment.
A. Is the contract for contingent fee
valid? Explain.
There are two types of Attorneys lien, charging lien and retaining lien.
347-
Rule 20.04 23 21 Define an attorneys retaining lien. a.) A charging lien is an attorney's right to a portion of the judgment that was
351
won for the client through professional services. It is a specific lien and only
covers a lawyer's claim on money obtained in a particular action.
b.) A retaining lien is more general in its scope. It extends to all of a client's
property that an attorney might come into possession of during the course of a
lawsuit. Until an attorney is compensated for services, he or she has a claim or
interest in such property.
G was appointed administratrix of Yes. Under Section 37, Rule 138 of the Rules of Court, a lawyer may lien upon
347- the estate of her deceased father. the funds, documents and papers of his client which have lawfully come into
Rule 20.04 23 22
351 She engaged the services of Atty. H his possession and may retain the same until his lawful fees and disbursements
as her personal counsel to represent have been paid. In the case at bar, the documents lawfully came into
her in court proceedings. G later possession of Atty. H and is therefore justified in retaining the same until his
discharged the services of Atty. H. fees are paid.
Invoking his retaining lien, Atty. H
retained documents bearing on the
estate of the decedent which were
entrusted to him by G. Is Atty. Hs
retention of the documents
justified? Explain.
A lawyer files court litigation against his client when his compensation is based
on quantum meruit. Recovery of attorneys fees on the basis of quantum
meruit is authorized when:
b.) When although there is a formal contract for attorneys fees, the
Discuss the propriety of a lawyer fees stipulated are found unconscionable for unreasonable by the
347- court.
Rule 20.04 23 23 filing a suit against his client
351
concerning his fees. c.) When the contract for attorneys fees is void due to purely formal
defects of execution.
d.) When the counsel, for justifiable cause, was not able to finish the
case to its conclusion.
e.) When lawyer and client disregard the contract for attorneys fees.
A lawyer has the right to be paid for the legal services he has extended to his
client, which compensation must be reasonable. A lawyer would be entitled to
receive what he merits for his services. Court litigation filed by lawyers against
clients prevents an unscrupulous client from running away with the fruits of
the legal services of counsel without paying for it.
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"In order that there may be substitution of attorneys in a given case, there
must be (1) written application for substitution; (2) a written consent of the
Explain the procedure to be client, and (3) a written consent of the attorney to be substituted. And in case
followed in the substitution of the the consent of the attorney to be substituted cannot be obtained, there must
372- original attorney of record. [1967, at least be proof that notice of the motion for substitution has been served
Rule 22.01 12 1 upon him in the manner prescribed by our rules." Where the procedure for
374 1971 bar exams]
substitution of attorney is not followed, the attorney who appears to be on
record before the filing of the application for substitution should be regarded
as the attorney entitled to be served with all notices and pleadings and the
client is answerable for the shortcomings of this counsel of record. (Ramos vs.
Potenciano, 118 Phil. 1435).
Rule 22.01 -A lawyer may withdraw his services in any of the following cases:
d) When the mental or physical condition of the lawyer renders it difficult for
him to carry out the employment effectively;
e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;
*A lawyer shall withdraw his services only for good cause and upon notice
appropriate in the circumstances; a lawyer shall avoid controversies with
clients concerning his compensation and shall resport to judicial action only to
prevent imposition, injustice or fraud. (Montana v. IBP, 358 SCRA 1)
*Has to be in writing*
When several lawyers are working When there is conflict of opinions between two lawyers jointly associated in a
together in a case and a conflict of case, the client should decide. The decision should be accepted unless the
opinion arise among them, who is nature of the difference makes it impracticable for the lawyer whos judgement
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Rule 22.01 12 3 to decided, whose opinion should has been overruled to cooperate effectively. In this event, it is his/her duty to
374
be followed and what is supposed ask client to relieve him/her (Agpalo)
to be done by the ones whos
opinion does not prevail? [1969]
Section 26 - Change of Attorneys - An attorney may retire at anytime from an
action or special proceeding, by the written consent of his client filed in
court. He may also retire at anytime from an action or special proceeding,
without the consent of his client, should the court, on notice to the client and
attorney, and on hearing, determine that he ought to be allowed to retire. In
case of substitution, the name of the attorney newly employed shall be
entered on the docket of the court in place of the former one, and the written
notice of the change shall be given to the adverse party xxx.
*The right of the client to terminate the relation is absolute, with or without
cause*
* Where the contract is broken by the client without the fault of the attorney,
the latter may recover on a quantum meruit for the reasonable value of his
services, or he may sue on the contract and recover damages for its breach.*
* If the attorney violates a contract with a client and the latter is damaged,
such client has the same right to sue the attorney as he would have to sue any
other person who had violated a contract made with him. If the client commits
a breach of his contract with the attorney, he is liable in an action for damages
therefore*
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Rule 22.01 12 7
374
An attorney may retire or withdraw
from an action or special proceeding
with or without the consent of his
client. When and how may such
retirement or withdrawal be
effected? [1978]
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374
A) Yes, the counsel for the defendant vendee is entitled to enforce a charging
376- lien because it is the security for the payment of attorneys fees requires as a
Rule 22.02 3 1
377 condition sine qua non a judgment for money and execution in the pursuance
of such judgment secured in the main action by the attorney in favor of the
client. Hence, he must be entitled to the charging lien.
B) Yes, he is still entitled despite the dismissal of the case because it is with his
initiative that the other party to the case moved for its dismissal. His excellent
abilities in the pre-trial were the reasons that compel the other party to move
the dismissal of the case.
A charging lien is an attorney's right to a portion of the judgment that was won
for the client through professional services. It is a specific lien and only covers a
376- lawyer's claim on money obtained in a particular action, on the other hand, A
Rule 22.02 3 2
377 retaining lien is more general in its scope. It extends to all of a client's property
that an attorney might come into possession of during the course of a lawsuit.
Until an attorney is compensated for services, he or she has a claim or interest
in such property.
Attorneys lien is the right of a lawyer to hold a client's property or money until
payment has been made for legal aid and advice given. As a general rule, it can
376-
Rule 22.02 3 3 be enforced through a court action to secure the payment of his legal services
377
rendered to his client. The client will be given a written noticed informing them
about the payment of their attorney who handle their case. It is in accordance
with the principle that no one shall unjustly enriched himself at the expense of
the other.