CODE OF PROFESSIONAL RESPONSIBILITY CHAPTER I.
01
THE LAW AND SOCIETY
CANON 1 -
Rule 1.01 Rule 1.02
Rule 1.03 Rule 1.04
CANON2 -
Rule 2.01 Rule 2.02
Rule 2.03 Rule 2.04
CANON 3 - Rule 3.01 Rule 3.02 Rule 3.03
A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY
THE LAWS OF THE LAND AND PROMOTE RESPECT
FOR LAW AND LEGAL PROCESSES.
- DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
Alawyershallnotengageinunlawful,dishonest,immoral
ordeceitfulconduct.
- A lawyer shall not counsel or abet activities aimed
at defiance of the law or at lessening confidence in
the legal system.
- A lawyer shall not, for any corrupt motive or
interest, encourage any suit or proceeding or delay
any man’s cause.
- A lawyer shall encourage his clients to avoid, end or
settle a controversy if it will admit of a fair
settlement.
A LAWYER SHALL MAKE HIS LEGAL SERVICES
AVAILABLE IN AN EFFICIENT AND CONVENIENT
MANNER COMPATIBLE WITH THE INDEPENDENCE,
INTEGRITY AND EFFECTIVE-NESS OF THE
PROFESSION.
- A lawyer shall not reject, except for valid reasons,
the cause of the defenseless or the oppressed.
- In such cases, even if the lawyer does not accept a
case, he shall not refuse to render legal advice to the
person concerned if only to the extent necessary to
safeguard the latter’s rights.
- A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.
- A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so
warrant.
A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES
SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED
AND OBJECTIVE INFORMATION OR STATEMENT OF
FACTS.
- A lawyer shall not use or permit the use of any
false, fraudulent, misleading, deceptive, undignified,
self-laudatory or unfair statement or claim regarding
his qualifications or legal services.
- In the choice of a firm name, no false, misleading or
assumed name shall be used. The continued use of
the name of a deceased partner is permissible
provided that the firm indicates in all its
communications that said partner is deceased.*
- 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.
Rule 3.04 CANON 4 -
CANON5 -
CANON 6 - Rule 6.
Rule 6.02 Rule 6.03
CANON 7 - Rule 7.01 Rule 7.02 Rule 7.03
- A lawyer shall 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.
A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT
OF THE LEGAL SYSTEM BY INITIATING OR
SUPPORTING EFFORTS IN LAW REFORM AND IN THE
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
A LAWYER SHALL KEEP ABREAST OF LEGAL
EDUCATION PROGRAMS, SUPPORT EFFORTS TO
ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS
WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING
INFORMATION REGARDING THE LAW AND
JURISPRUDENCE.
THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR
OFFICIAL TASKS.
- The primary duty of a lawyer engaged in public
prosecution is not to convict but to see that justice is
done. The suppression of facts or the concealment of
witnesses capable of establishing the innocence of
the accused is highly reprehensible and is cause for
disciplinary action.
- A lawyer in the government service shall not use his
public position to promote or advance his private
interests, nor allow the latter to interfere with his
public duties.
- A lawyer shall not, after leaving government
service, accept engagement or employment in
connection with any matter in which he had
intervened while in said service.
CHAPTER II. LAWYER AND THE LEGAL PROFESSION
A LAWYER SHALL AT ALL TIMES UPHOLD THE
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION
AND SUPPORT THE ACTIVITIES OF THE INTEGRATED
BAR.
- A lawyer shall be answerable for knowingly making
a false statement or suppressing a material fact in
connection with his application for admission to the
bar.
- A lawyer shall not support the application for
admission to the bar of any person known by him to
be unqualified in respect to character, education, or
other relevant attribute.
- A lawyer shall not engage in conduct that adversely
reflects on his fitness to practice law, nor shall he,
whether in public or private life, behave in a
scandalous manner to the discredit of the legal
profession.
CANON 8 -
Rule 8.01 Rule 8.02
CANON9 -
A LAWYER SHALL CONDUCT HIMSELF WITH
COURTESY, FAIRNESS AND CANDOR TOWARD HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL.
- A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise
improper.
- A lawyer shall not, directly or indirectly, encroach
upon the professional employment of another lawyer;
however, it is the right of any lawyer, without fear or
favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.
A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY,
ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any task
which by law may only be performed by a member of
the Bar in good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to
divide a fee for legal services with persons not
licensed to practice law, except:
CANON10 Rule 10.01
Rule 10.02
Rule 10.03
- A lawyer shall not do any falsehood, nor consent to
the doing of any in Court; nor shall he mislead, or
allow the Court to be misled by any artifice.
- A lawyer shall not knowingly misquote or
misrepresent the contents of paper, the language or
the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite as law a
provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not
been proved.
- A lawyer shall observe the rules of procedure and
shall not misuse them to defeat the ends of justice.
a) Where there is a pre-existing agreement with a
partner or associate that, upon the latter’s 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.
CHAPTER III. THE LAWYER AND THE COURTS
- A LAWYER OWES CANDOR, FAIRNESS AND GOOD
FAITH TO THE COURT.
CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS AND
TO JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.
Rule 11.01 - A lawyer shall appear in court properly
attired. Rule 11.02 - A lawyer shall punctually appear
at court hearings.
Rule 11.03 Rule 11.04 Rule 11.05
- A lawyer shall abstain from scandalous, offensive or
menacing language or behavior before the Courts.
- A lawyer shall not attribute to a Judge motives not
supported by the record or have no materiality to the
case.
- A lawyer shall submit grievances against a Judge to
the proper authorities only .
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT
AND CONSIDER IT HIS DUTY TO ASSIST IN THE
SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.01
Rule 12.02 Rule12.03
Rule 12.04 Rule 12.05 Rule 12.06 Rule12.07 Rule
12.08
CANON 13
- A lawyer shall not appear for trial unless he has
adequately prepared himself on the law and the facts
of his case, 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.
- A lawyer shall not file multiple actions arising from
the same cause.
- A lawyer shall not, after obtaining extensions of
time to file pleadings, memoranda or briefs, let the
period lapse without submitting the same or offering
an explanation for his failure to do so.
- A lawyer shall not unduly delay a case, impede the
execution of a judgement or misuse Court processes.
- A lawyer shall refrain from talking to his witness
during a break or recess in the trial, while the witness
is still under examination.
- A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another.
- A lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.
- A lawyer shall avoid testifying in behalf of his client,
except:
a) on formal matters, such as the mailing,
authentication or custody of an instrument, and the
like, or
b) on substantial matters, in cases where his
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 LAWYER SHALL RELY UPON THE MERITS OF HIS
CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH
TENDS TO INFLUENCE, OR GIVES THE APPEARANCE
OF INFLUENCING THE COURT
Rule 13.01 Rule 13.02 Rule 13.03
- A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating
familiarity with Judges.
- A lawyer shall not make public statements in the
media regarding a pending case tending to arouse
public opinion for or against a party.
- A lawyer shall not brook or invite interference by
another branch or agency of the government in the
normal course of judicial proceedings.

CANON 14 - Rule 14.01
Rule14.02
Rule 14.03
Rule 14.04
CHAPTER IV. THE LAWYER AND THE CLIENT
A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE
NEEDY.
- A lawyer shall not decline to represent a person
solely on account of the latter’s race, sex, creed or
status of life, or because of his own opinion regarding
the guilt of said person.
- A lawyer shall not decline, except for serious and
sufficient cause, an appointment as counsel de oficio
or as amicus curiae, or a request from the Integrated
Bar of the Philippines or any of its chapters for
rendition of free legal aid.
- A lawyer may not refuse to accept representation of
an indigent client unless:
a) he is in no position to carry out the work
effectively or competently;
b) he labors under a conflict of interest between him
and the prospective
client or between a present client and the
prospective client;
- A lawyer who accepts the cause of a person unable
to pay his professional fees shall observe the same
standard of conduct governing his relations with
paying clients.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN
ALL HIS DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.
Rule 15.01
Rule 15.02 Rule 15.03 Rule 15.04 Rule 15.05
Rule 15.06 Rule15.07 Rule 15.08
- A lawyer, in conferring with a prospective 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.
- A lawyer shall be bound by the rule on privilege
communication in respect of matters disclosed to him
by a prospective client.
- A lawyer shall not represent conflicting interests
except by written consent of all concerned given
after a full disclosure of the facts.
- A lawyer may, with the written consent of all
concerned, act as mediator, conciliator or arbitrator
in settling disputes.
- A lawyer when advising his client, shall give a
candid and honest opinion on the merits and
probable results of the client’s case, neither
overstating nor understating the prospects of the
case.
- A lawyer shall not state or imply that he is able to
influence any public official, tribunal or legislative
body.
- A lawyer shall impress upon his client compliance
with the laws and principles of fairness.
- A lawyer who is engaged in another profession or
occupation concurrently with the practice of law shall
make clear to his client whether he is acting as a
lawyer or in another capacity.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS POSSESSION.
Rule 16.01 Rule 16.02 Rule 16.03
Rule 16.04
- A lawyer shall account for all money or property
collected or received for or from the client.
- A lawyer shall keep the funds of each client
separate and apart from his own and those of others
kept by him.
- 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 judgements and executions he has
secured for his client as provided for in the Rules of
Court.
- A lawyer shall not borrow money from his client
unless the client’s interests are fully protected by the
nature of the case or by independent advice. Neither
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.
CANON 17 - A LAWYER OWES FIDELITY TO THE
CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF
THE TRUST AND CONFIDENCE REPOSED IN HIM.
CANON18 - A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
Rule 18.01
Rule 18.02 Rule 18.03
Rule 18.04
- A lawyer shall not undertake a legal service which
he knows or should know that he is not qualified to
render. However, he may render such service if, with
the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent on
the matter.
- A lawyer shall not handle any legal matter without
adequate preparation.
- A lawyer shall not neglect a legal matter entrusted
to him, and his negligence in connection there with
shall render him liable.
- A lawyer shall keep the client informed of the status
of his case and shall respond within a reasonable
time to client’s request for information.
CANON19 - A LAWYER SHALL REPRESENT HIS CLIENT
WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
Rule 19.01
Rule 19.02
Rule 19.03 CANON 20 -
- A lawyer shall employ only fair and honest means to
attain the lawful objectives of his client and shall not
present, participate in presenting or threaten to
present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.
- A lawyer who has received information that his
client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same, and
failing which he shall terminate the relationship with
such client in accordance with the Rules of Court.
- A lawyer shall not allow his client to dictate the
procedure on handling the case.
A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES.
Rule 20.01 - A lawyer shall be guided by the following
factors in determining his fees:
a) The time spent and the extent of the services
rendered or required;
b) The novelty and difficulty of the questions
involved;
c) The importance of the subject matter;
Rule 20.02 -
d) The skill demanded;
e) The probability of losing other employment as a
result of acceptance of the
proffered case;
f) The customary charges for similar services and the
schedule of fees of the IBP chapter to which he
belongs;
g) The amount involved in the controversy and the
benefits resulting to the client form the service;
h) The contingency or certainty of compensation;
i) The character of the employment, whether
occasional or established; and
j) The professional standing of the lawyer.
A lawyer shall, in cases of referral, with the consent
of the client, be entitled
to a division of fees in proportion to work performed
and responsibility assumed.
Rule 20.03 - A lawyer shall not, without the full
knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or
forwarding allowance or other compensation
whatsoever related to his professional employment
from anyone other than the client.
Rule 20.04 - A lawyer shall avoid controversies with
clients concerning his compensation and shall resort
to judicial action only to prevent imposition, injustice
of fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED
Rule 21.01
Rule 21.02
Rule 21.03 Rule 21.04
- A lawyer shall not reveal the confidences or secrets
of his client except:
a) When authorized by the client after acquianting
him of the consequences of the disclosure;
b) When required by law;
c) When necessary to collect his fees or to defend
himself, his employees or associates or by judicial
action.
- A lawyer shall not, to the disadvantage of his client,
use information acquired in the course of
employment, nor shall he use he same to his own
advantage or that of a third person, unless the client
with full knowledge of the circumstances consents
thereto.
- A lawyer shall not, without the written consent of
his client, give information from his files to an outside
agency seeking such information for auditing,
statistical, bookkeeping, accounting, data processing,
or any similar purpose.
- A lawyer may disclose the affairs of a client of the
firm to partners or associates thereof unless
prohibited by the client.
Rule 21.05
Rule 21.06 Rule 21.07
- A lawyer shall adopt such measures as may be
required to prevent those whose services are utilized
by him, from disclosing or using confidences or
secrets of the client.
- A lawyer shall avoid indiscreet conversation about a
client’s affairs even with members of his family.
- A lawyer shall not reveal that he has been
consulted about a particular case except to avoid
possible conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS
SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRTUMSTANCES.
Rule 22.01
- A lawyer may withdraw his services in any of the
following cases:
a) When the client pursues an illegal or immoral
course of conduct in connection with the matter he is
handling;
b) When the client insists that the lawyer pursue
conduct violative of these canons and rules;
c) When his inability to work with co-counsel will not
promote the best interest of the client;
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;
f) When the lawyer is elected or appointed to public
office; and
g) Other similar cases.
- A lawyer who withdraws or is discharged shall,
subject to a retainer lien, immediately turn over all
papers and property to which the client is entitled,
and shall cooperate with his successor in the orderly
transfer of the matter, including all information
necessary for the proper handling of the matter.
CANONS OF PROFESSIONAL ETHICHS
PREAMBLE
In the Philippines, where the stability of courts and of
all departments of government rests upon the
approval of the people, it is peculiarly essential that
the system for establishing and dispensing justice be
developed to a high point of efficiency and so
maintained that the public shall have absolute
confidence in the integrity and impartiality of its
administration. The future of the Republic, to a great
extent, depends upon our maintenance of justice
pure and unsullied. It cannot be so maintained unless
the conduct and the motives of the members of our
profession are such as to merit the approval of all
just men.
No code or set of rules can be framed, which will
particularize all the duties of the lawyer in the
varying phase of litigation or in all the relations of
professional life. The following canons of ethics are
adopted by the Philippine Bar Association as a
general guide, yet the enumeration of particular
duties should not be construed as a denial of the
existence of others equally imperative, though not
specifically mentioned.
1. The duty of the lawyer to the courts
It is the duty of the lawyer to maintain towards the
courts a respectful attitude, not for the sake of the
temporary incumbent of the judicial office, but for
the maintenance of its supreme importance. Judges,
not being wholly free to defend themselves, are
peculiarly entitled to receive the support of the bar
against unjust criticism and clamor. Whenever there
is proper ground for serious complaint of a judicial
officer, it is the right and duty of the lawyer to submit
his grievances to the proper authorities. In such
cases, but not otherwise, such charges should be
encouraged and the person making them should be
protected.
2. The selection of judges
It is the duty of the bar to endeavor to prevent
political considerations from outweighing judicial
fitness in the selection of judges. It should protest
earnestly and actively against the appointment of
those who are unsuitable for the bench; and it should
strive to have elevated thereto only those willing to
forego other employments whether of a business,
political or other character, which may embarrass
their free and fair consideration of questions before
them for decision. The aspiration of lawyers for
judicial position should be governed by an impartial
estimate of their ability to add to the office and not
by a desire for the distinction the position may bring
to themselves.
3. Attempts to exert personal influence of the court
Marked attention and unusual hospitality on the part
of a lawyer to a judge, uncalled for by the personal
relations of the parties, subject both the judge and
the lawyer to misconstructions of motive and should
be avoided. A lawyer should not communicate or
argue privately with the judge as to the merits of a
pending cause and deserves rebuke and
denunciation for any device or attempt to gain from a
judge special personal consideration or favor. A self-
respecting independence in the discharge of
professional duty, without denial or diminution of the
courtesy and respect due the judge's station, is the
only proper foundation for cordial personal and
official relations between bench and bar.
4. Counsel for an indigent prisoner
A lawyer assigned as counsel for an indigent prisoner
ought not to ask to be excused for any trivial reason
and should always exert his best efforts in his behalf.
5. The defense or prosecution of those accused of
crime
It is the right of the lawyer to undertake the defense
of a person accused of crime, regardless of his
personal opinion as to the guilt of the accused;
otherwise, innocent persons, victims only of
suspicious circumstances, might be denied proper
defense. Having undertaken such defense, the
lawyer is bound, by all fair and honorable means, to
present every defense that the law of the land
permits, to the end that no person may be deprived
of life or liberty but by due process of law.
The primary duty of a lawyer engaged in public
prosecution is not to convict but to see that justice is
done. The suppression of facts or the secreting of
witnesses capable of establishing the innocence of
the accused is highly reprehensible.
6. Adverse influence and conflicting interests
It is a duty of a lawyer at the time of retainer to
disclose to the client all the circumstances of his
relations to the parties and any interest in or
connection with the controversy, which might
influence the client in the selection of counsel.
It is unprofessional to represent conflicting interests,
except by express consent of all concerned given
after a full disclosure of the facts. Within the meaning
of this canon, a lawyer represents conflicting
interests when, in behalf of one client, it is his duty to
contend for that which duty to another client requires
him to oppose.
The obligation to represent the client with undivided
fidelity and not to divulge his secrets or confidence
forbids also subsequent acceptance of retainers or
employment from others in matters adversely
affecting any interest of the client with respect to
which confidence has been reposed.
7. Professional colleagues and conflicts of opinions
A client's proffer of assistance of additional counsel
should not be regarded as evidence of want of
confidence, but the matter should be left to the
determination of the client. A lawyer should decline
association as colleague if it is objectionable to the
original counsel, but if the lawyer first retained is
relieved, another may come into the case.
When lawyers jointly associated in a cause cannot
agree as to any matter vital to the interest of the
client, the conflict of opinion should frankly stated to
him for his final determination. His decision should be
accepted unless the nature of the difference makes it
impracticable for the lawyer whose judgment has
been overruled to cooperate effectivity. In this event
it is his duty to ask the client to relieve him.
Efforts, direct or indirect, in any way to encroach
upon the professional employment of another lawyer
are unworthy of those who should be brethren at the
bar; but, nevertheless, it is the right of any lawyer,
without fear or favor, to give proper advice to those
seeking relief against unfaithful or neglectful counsel,
generally after communication with the lawyer
against whom the complaint is made.
8. Advising upon the merits of a client's cause
A lawyer should endeavor to obtain full knowledge of
his client's cause before advising thereon, and he is
bound to give a candid opinion of the merits and
probable result of pending or contemplated litigation.
The miscarriages to which justice is subject, by
reason of surprises and disappointments in evidence
and witnesses, through mistakes and errors of courts,
even though only occasional, admonish lawyers to
beware of bold and confident assurances to clients,
especially where the employment may depend upon
such assurance. Whenever the controversy will admit
of fair judgment, the client should be advised to
avoid or to end the litigation.
9. Negotiations with opposite party
A lawyer should not in any way communicate upon
the subject of controversy with a party represented
by counsel, much less should he undertake to
negotiate or compromise the matter with him, but
should deal only with his counsel. It is incumbent
upon the lawyer most particularly to avoid everything
that may tend to mislead a party not represented by
counsel, and he should not undertake to advise him
as to the law.
10. Acquiring interest in litigation
The lawyer should not purchase any interest in the
subject matter of the litigation which he is
conducting.
11. Dealing with trust property
The lawyer should refrain from any action whereby
for his personal benefit or gain he abuses or takes
advantage of the confidence reposed in him by his
client.
Money of the client or collected for the client or other
trust property coming into the possession of the
lawyer should be reported and accounted for
promptly and should not under any circumstances be
commingled with his own or be used by him.
12. Fixing the amount of the fee
In fixing fees, lawyers should avoid charges which
over estimate their advice and services, as well as
those which undervalue them. A client's ability to pay
cannot justify a charge in excess of the value of the
service, though his poverty may require a less
charge, or even none at all. The reasonable requests
of brother lawyers, and of their widows and orphans
without ample means, should receive special and
kindly consideration.
In determining the amount of the fees, it is proper to
consider: ( 1 ) the time and labor required, the
novelty and difficulty of the questions involved and
the skill required to properly conduct the cause; (2)
whether the acceptance of employment in the
particular case will preclude the lawyer's appearance
for others in cases likely to arise out of the
transaction, and in which there is a reasonable
expectation that otherwise he would be employed in
the particular case or antagonisms with other clients;
(3) the customary charges of the bar for similar
services; (4) the amount involved in the controversy
and the benefits resulting to the client from the
services; (5) the contingency or the certainty of the
compensation; and (6) the character of the
employment, whether casual or for an established
and constant client. Not one of these considerations
in itself is controlling. They are mere guides in
ascertaining the real value of the service.
In determining the customary charges of the bar for
similar services, it is proper for a lawyer to consider a
schedule of minimum fees adopted by a bar
association, but no lawyer should permit himself to
be controlled thereby or to follow it as his sole guide
in determining the amount of his fee.
In fixing fees, it should not be forgotten that the
profession is a branch of the administration of justice
and not a mere money-getting trade.
13. Contingent fees
A contract for a contingent fee, where sanctioned by
law, should be reasonable under all the
circumstances of the case including the risk and
uncertainty of the compensation, but should always
be subject to the supervision of a court, as to its
reasonableness
14. Suing a client for a fee
Controversies with clients concerning compensation
are to be avoided by the lawyer so far as shall be
compatible with his self respect and with his right to
receive reasonable recompense for his service; and
lawsuits with the clients should be resorted to only to
prevent injustice, imposition or fraud.
15. How far a lawyer may go in supporting a client's
cause
Nothing operates more certainly to create or to foster
popular prejudice against lawyers as a class, and to
deprive the profession of that full measure of public
esteem and confidence which belongs to the proper
discharge of its duties than does the false claim.
often set up by the unscrupulous for the defense of
questionable transactions, that it is the duty of the
lawyer to do whatever may enable him to succeed in
winning his client's cause.
It is improper for a lawyer to assert in argument his
personal belief in his client's innocence or in the
justice of his cause.
The lawyer owes "entire devotion to the interest of
the client, warm zeal in the maintenance and
defense of his rights and the exertion of his utmost
learning and ability," to the end that nothing be
taken or be withheld from him, save by the rules of
law, legally applied. No fear of judicial disfavor or
public popularity should restrain him from the full
discharge of his duty. In the judicial forum the client
is entitled to the benefit of any and every remedy
and defense that is authorized by the law of the land,
and he may expect his lawyer to assert every such
remedy or defense. But it is steadfastly to be borne
in mind that the great trust of the lawyer is to be
performed within and not without the bounds of the
law. The office of attorney does not permit, much less
does it demand of him for any client, violation of law
or any manner of fraud or chicanery, he must obey
his own conscience and not that of his client.
16. Restraining clients from improprieties
A lawyer should use his best efforts to restrain and to
prevent his clients from doing those things which the
lawyer himself ought not to do, particularly with
reference to their conduct towards courts, judicial
officers, jurors, witnesses and suitors. If a client
persist in such wrongdoings the lawyer should
terminate their relation.
17. Ill-feelings and personalities between advocates
Clients, not lawyers, are the litigants. Whatever may
be the ill-feeling existing between clients, should not
be allowed to influence counsel in their conduct and
demeanor toward each other or toward suitors in the
case. All personalities between counsel should be
scrupulously avoided. In the trial of a cause it is
indecent to allude to the personal history or the
personal peculiarities and idiosyncrasies of counsel
on the other side. Personal colloquies between
counsel which cause delay and promote unseemly
wranglings should also be carefully avoided.
18. Treatment of witnesses and litigants
A lawyer should always treat adverse witnesses and
suitors with fairness and due consideration, and he
should never minister to the malevolence or
prejudices of a client in the trial or conduct of a
cause. The client can not be made the keeper of the
lawyer's conscience in professional matter. He has no
right to demand that his counsel shall abuse the
opposite party or indulge in offensive personalities.
Improper speech is not excusable on the ground that
it is what the client would say if speaking in his own
behalf.
19. Appearance of lawyer as witness for his client
When a lawyer is a witness for his client, except as to
merely formal matters, such as the attestation or
custody of an instrument and the like, he should
leave the trial of the case to other counsel. Except
when essential to the ends justice, a lawyer should
avoid testifying in behalf of his client.
20. Newspaper discussion of pending litigation
Newspaper publication by a lawyer as to pending or
anticipated litigation may interfere with a fair trial in
the courts and otherwise the due administration of
justice. Generally, they are to be condemned. If the
extreme circumstances of a particular case justify a
statement to the public, it is unprofessional to make
it anonymous. An ex parte reference to the facts
should not go beyond quotation from the records and
papers on file in the court; but even in extreme cases
it is better to avoid an ex parte statement.
21. Punctuality and expedition
It is the duty of the lawyer not only to his client, but
also to the courts and to the public to be punctual in
attendance, and to be concise and direct in the trial
and disposition of causes.
22. Candor and fairness
The conduct of the lawyer before the court and with
other lawyers should be characterized by candor and
fairness.
It is not candid nor fair for the lawyer knowingly to
misquote the contents of a paper, the testimony of a
witness, the language or the argument of opposing
counsel, of the language of a decision or a textbook;
or with knowledge of its invalidity, to cite as authority
a decision that has been overruled or a statute that
has been repealed, or in argument to assert as a fact
that which has not been proved, or in those
jurisdictions where a side has the opening and
closing arguments to mislead his opponent by
concealing or withholding positions in his opening
argument upon which his side then intends to rely.
It is unprofessional and dishonorable to deal other
than candidly with the facts in taking the statements
of witnesses, in drawing affidavits and other
documents, and in the presentation of causes.
A lawyer should not offer evidence which he knows
the court should reject, in order to get the same
before the jury by arguments for its admissibility, nor
should he address to the judge arguments upon any
points not properly calling for determination by him.
Neither should he introduce into an argument,
addressed to the court, remarks or statements
intended to influence the bystanders.
23. Attitude towards jury
All attempts to curry favor with juries by fawning
flattery or pretended solicitude for their personal
comfort are unprofessional. Suggestions of counsel,
looking to the comfort or convenience of jurors, and
propositions to dispense with arguments, should be
made to the court out of the jury's hearing. A lawyer
must never converse privately with jurors about the
case; and both before and during the trial he should
avoid communicating with them even as to matters
foreign to the cause.
24. Right of lawyer to control the incidents of the
trial
As to incidental matters pending trial, not affecting
the merits of the cause, or working substantial
prejudice to the rights of the client, such as forcing
the opposite lawyer to trial when he is under
affliction or bereavement; forcing the trial on a
particular day to the injury of the opposite lawyer
when no harm will result from a trial at different time;
agreeing to an extension of time for signing a bill of
exceptions, cross interrogatories and the like, the
lawyer must be allowed to judge. In such matters no
client has a right to demand that his counsel shall be
illiberal, or that he does anything therein repugnant
to his own sense of honor and propriety.
25. Taking technical advantage of opposite counsel;
agreement with him
A lawyer should not ignore known customs or
practice of the bar or of a particular court, even when
the law permits, without giving timely notice to the
opposite counsel. As far as possible, important
agreements, affecting the rights of clients, should be
reduced to writing, but it is dishonorable to avoid
performance of an agreement fairly made because it
is not reduced to writing, as required by the Rules of
Court.
26. Professional advocacy other than before courts
A lawyer openly, and in his true character may
render professional services before legislative or
other bodies, regarding proposed legislation and in
advocacy of claims before departments of
government upon the same principles of ethics which
justify his appearance before courts; but it is
unprofessional for a lawyer so engaged, to conceal
his attorneyship, or to employ secret personal
solicitations, or to use means other than those
addressed to reason and understanding, to influence
action.
27. Advertising, direct or indirect
It is unprofessional to solicit professional employment
by circulars, advertisements, through touters, or by
personal communications or interviews not
warranted by personal relations. Indirect
advertisements for professional employment such as
furnishing or inspiring newspaper comments, or
procuring his photograph to be published in
connection with causes in which the lawyer has been
or is engaged or concerning the manner of their
conduct, the magnitude of the interest involved, the
importance of the lawyer's position, and all other
like-laudation, offend the traditions and lower the
tone of our profession and are reprehensible; but the
customary use of simple professional cards is not
improper.chanrobles virtual law library
Publication in reputable law lists in a manner
consistent with the standards of conduct imposed by
those canons of brief biographical and informative
data is permissible. Such data must not be
misleading and may include only a statement of the
lawyer's name and the names of his professional
associates; addresses, telephone numbers, cable
addresses; branches of the profession practiced; date
and place of birth and admission to the bar; schools
attended; with dates of graduation, degrees and
other educational distinctions; public or quasi-public
offices; posts of honor; legal authorship; legal
teaching positions; memberships and offices in bar
associations and committees thereof, in legal and
scientific societies and legal fraternities; the fact of
references; and, with their written consent, the
names of clients regularly represented. A certificate
of compliance with the Rules and Standards issued
by the Special Committee on Law Lists may be
treated as evidence that such list is reputable.
28. Stirring up litigation, directly or through agents
It is unprofessional for a lawyer to volunteer advice
to bring a lawsuit, except in rare cases where ties of
blood, relationship or trust make it his duty to do so.
Stirring up strife and litigation is not only
unprofessional, but it is indictable at common law. It
is disreputable to hunt up defects in titles or other
causes of action and inform thereof in order to be
employed to bring suit or collect judgment, or to
breed litigation by seeking out those with claims for
personal injuries or those having any other grounds
of action in order to secure them as clients, or to
employ agents or runners for like purposes, or to pay
or reward, directly or indirectly, those who bring or
influence the bringing of such cases to his office, or
to remunerate policemen, court or prison officials,
physicians, hospital attaches or others who may
succeed under the guise of giving disinterested
friendly advice, in influencing the criminal, the sick
and the injured, the ignorant or others, to seek his
professional services. A duty to the public and to the
profession devolves upon every member of the bar
having knowledge of such practices upon the part of
any practitioner immediately to inform thereof, to the
end that the offender may be disbarred.
29. Upholding the honor of the profession
Lawyers should expose without fear or favor before
the proper tribunal corrupt or dishonest conduct in
the profession, and should accept without hesitation
employment against a member of the bar who has
wronged his client. The counsel upon the trial of a
cause in which perjury has been committed owe it to
the profession and to the public to bring the matter
to the knowledge of the prosecuting authorities. The
lawyer should aid in guarding the bar against
admission to the profession of candidates unfit or
unqualified because deficient in either moral
character or education. He should strive at all times
to uphold the honor and to maintain the dignity of
the profession and to improve not only the law but
the administration of justice.
30. Justifiable and unjustifiable litigations
The lawyer must decline to conduct a civil cause or
to make a defense when convicted that it is intended
merely to harass or to injure the opposite party or to
work oppression or wrong. But otherwise it is right,
and having accepted retainer, it becomes his duty to
insist upon the judgment of the court as to the legal
merits of his client's claim. His appearance in court
should be deemed equivalent to an assertion on his
honor that in his opinion his client's case is one
proper for judicial determination.
31. Responsibility for litigation
No lawyer is obliged to act either as adviser or
advocate for every person who may wish to become
his client. He has the right to decline employment.
Every lawyer upon his own responsibility must decide
what employment he will accept as counsel, what
causes he will bring into court for plaintiffs, what
case he will contest in court for defendants. The
responsibility for advising as to questionable
defenses is the lawyer's responsibility. He cannot
escape it but urging as an excuse that he is only
following his client's instructions.
32. The lawyer's duty in its last analysis
No client corporate or individual, however, powerful
nor any cause, civil or political, however important, is
entitled to receive nor should any lawyer render any
service or advice involving disloyalty to the laws
whose ministers we are, or disrespect of the judicial
office, which we are bound to uphold, or corruption of
any person or persons exercising a public office or
private trust, or deception or betrayal of the public.
When rendering any such improper service or advice,
the lawyer invites and merits stern and just
condemnation. Correspondingly, he advances the
honor of his profession and the best interests of his
client when he renders service or gives advice
tending to impress upon the client and his
undertaking exact compliance with the strictest
principles of moral law. He must also observe and
advice his client to observe the statute law, though
until a statute shall have been construed and
interpreted by competent adjudication he is free and
is entitled to advise as to its validity and as to what
he conscientiously believes to be its just meaning
and extent. 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.
33. Partnership - names
Partnerships among lawyers for the practice of their
profession are very common and are not to be
condemned. In the formation of partnerships and the
use of partnership names, care should be taken not
to violate any law, custom, or rule of court locally
applicable. Where partnerships are formed between
lawyers who are not all admitted to practice in the
courts of the state, care should be taken to avoid any
misleading name or representation which would
create a false impression as to the professional
position or privilege of the member not locally
admitted.
In the formation of partnerships for the practice of
law no person should be admitted or held out as
practitioner or member who is not a member of the
legal profession duly authorized to practice, and
amenable to professional discipline. In the selection
and use of a firm name, no false, misleading,
assumed or trade name should be used. The
continued use of the name of a deceased or former
partner, when permissible by local custom, is not
unethical, but care should be taken that no
imposition or deception is practiced through this use.
When a member of the firm, on becoming a judge, is
precluded from practicing law, his name should not
be continued in the firm name.
Partnership between lawyers and members of other
professions or non-professional persons should not
be formed or permitted where any part of the
partnership's employment consists of the practice of
law. 34. Division of fee
No division of fees for legal services is proper, except
with another lawyer, based upon a division of service
or responsibility.
35. Intermediaries
The professional services of a lawyer should not be
controlled or exploited by any lay agency, personal
or corporate, which intervenes between client and
lawyer. A lawyer's responsibilities and qualifications
are individual. He should avoid all relations which
direct the performance of his duties by or in the
interest of such intermediary. A lawyer's relation to
his client should be personal, and his responsibility
should be direct to the client. Charitable societies
rendering aid to the indigents are not deemed such
intermediaries.
A lawyer may accept employment from any
organization, such as an association, club or trade
organization, to render legal services in any matter in
which the organization, as an entity, is interested,
but this employment should not include the
rendering of legal services to the members of such
an organization in respect to their individual affairs.
36. Retirement from judicial position or public
employment
A lawyer should not accept employment as an
advocate in any matter upon the merits of which he
has previously acted in a judicial capacity.
A lawyer, having once held public office or having
been in the public employ should not, after his
retirement, accept employment in connection with
any matter he has investigated or passed upon while
in such office or employ.
37. Confidence of a client
It is the duty of a lawyer to preserve his client's
confidences. This duty outlasts the lawyer's
employment and extends as well to his employees;
and neither of them should accept employment,
which involves or may involve the disclosure or use
of these confidences, either for the private
advantages of the client, without his knowledge and
consent, and even though there are other available
sources of such information. A lawyer should not
continue employment when he discovers that this
obligation prevents the performance of his full duty
to his former or to his new client.
If a lawyer is accused by his client, he is not
precluded from disclosing the truth in respect to the
accusation. The announced intention of a client to
commit a crime is not included within the confidence
which he is bound to respect. He may properly make
such disclosure as may be necessary to prevent the
act or protect those against whom it is threatened.
38. Compensation, commissions and rebates
A lawyer should accept no compensation,
commissions, rebates or other advantages from
others without the knowledge and consent of his
client after full disclosure.
39. Witness
A lawyer may properly interview any witness or
prospective witness for the opposing side in any civil
or criminal action without the consent of opposing
counsel or party. In doing so, however, he should
scrupulously avoid any suggestion calculated to
induce the witness to suppress or deviate from the
truth, or in any degree to affect his free and
untrammeled conduct when appearing at the trial or
on the witness stand.
40. Newspapers
A lawyer may with propriety write articles for
publications in which he gives information upon the
law; but he could not accept employment from such
publication to advice inquiries in respect to their
individual rights. 41. Discovery of imposition and
deception
When a lawyer discovers that some fraud or
deception has been practiced, which was unjustly
imposed upon the court or party, he should endeavor
to rectify it; at first by advising his client, and should
endeavor to rectify it; at first by advising his client,
and if his client refuses to forego the advantage thus
unjustly gained, he should promptly inform the
injured person or his counsel, so that they may take
appropriate steps.
42. Expenses
A lawyer may not properly agree with a client that
the lawyer shall pay or beat the expense of litigation;
he may in good faith advance expenses as a matter
of convenience, but subject to reimbursement.
43. Approved law lists
It is improper for a lawyer to permit his name to be
published in a law list the conduct, management or
contents of which are calculated or likely to deceive
or injure the public or the profession, or to lower the
dignity or standing of the profession.
44. Withdrawal from employment as attorney or
counsel
The right of an attorney or counsel to withdraw from
employment, once assumed, arises only from good
cause. Even the desire or consent of the client is not
always sufficient. The lawyers should not throw up
the unfinished task to the detriment of his client
except for reasons of honor or self-respect. If the
client insists upon an unjust or immoral course in the
conduct of his case, or if he persists over the
attorney's remonstrance in presenting frivolous
defenses, or if he deliberately disregards an
agreement or obligation as to fees or expenses, the
lawyer may be warranted in withdrawing on due
notice to the client, allowing him time to employ
another lawyer. So, also, when a lawyer discovers
that his client has no case and the client is
determined to continue it; or even if the lawyer finds
himself incapable of conducting the case effectively.
Sundry other instances may arise in which
withdrawal is to be justified. Upon withdrawal from a
case after a retainer has been paid, the attorney
should refund such part of the retainer as has not
been clearly earned.
45. Specialists
The canons of the Philippine Bar Association apply to
all branches of the legal profession; specialist in
particular branches are not to be considered as
exempt from the application of these principles.
46. Notice of specialized legal service
Where a lawyer is engaged in rendering a specialized
legal service directly and only to other lawyers, a
brief, dignified notice of the fact, couched in
language indicating that it is addressed to lawyers,
inserted in legal periodicals and like publications,
when it will afford convenient and beneficial
information to lawyers desiring to obtain such
service, is not improper.
47. Aiding the unauthorized practice of law
No lawyer shall permit his professional services, or
his name to be used in aid of, or to make possible,
the unauthorized practice of law by any lay agency,
personal or corporate.
CANONS OF JUDICIAL ETHICS
[Administrative Order No. 162 dated August 1, 1946
of the Department of Justice.]
In the interest of the administration of justice, the
following Canons of Judicial Ethics, proposed by the
Philippine Bar Association and approved by the
judges of First Instance of Manila re hereby adopted
for the guidance of and observance by the judges
under the administrative supervision of the
Department of Justice (now of the Supreme Court),
including municipal judges and city judges:
1. Relations of the judiciary
The assumption of the office of judge casts upon the
incumbent duties in respect to his personal conduct
which concern his relation to the State and its
inhabitants, the litigants before him, the principles of
law, the practitioners of law in his court, and the
witnesses and attendants who aid him in the
administration of its functions.
2. The public interest
The courts exist to promote justice; and thus to aid in
securing the contentment and happiness of the
people. Their administration should be speedy and
careful. Every judge should at all times be alert in his
rulings and in the conduct of the business of his
court, so far as he can, to make it useful to litigants
and to the community. He should avoid unconsciously
failing into the attitude of mind that the litigants are
made for the courts instead of the courts for the
litigants.
3. Avoidance of appearance of impropriety
A judge's official conduct should be free from the
appearance of impropriety, and his personal
behavior, not only upon the bench and in the
performance of judicial duties, but also in his every
day life, should be beyond reproach.
4. Essential conduct
He should be temperate, patient, attentive, impartial,
and, since he is to administer the law and apply it to
the facts, he should be studious of the principles of
the law, diligent in endeavoring to ascertain the
facts. 5. Industry
He should exhibit an industry and application
commensurate with the duties imposed upon him.
6. Promptness
He should be prompt in disposing of all matters
submitted to him, remembering that justice delayed
is often justice denied.
7. Punctuality
He should be punctual in the performance of his
judicial duties, recognizing that the time of litigants,
witnesses, and attorneys is of value and that if the
judge is unpunctual in his habits he sets a bad
example to the bar and tends to create
dissatisfaction with the administration of justice.
8. Court organization
He should organize his court with a view to prompt
and convenient dispatch of its business and he
should not tolerate abuses and neglect by clerks,
sheriffs, and other assistants who are sometimes
prone to presume too much upon his good-natured
acquiescence by reason of friendly association with
him.
9. Consideration for witnesses and others
He should be considerate of witnesses and others in
attendance upon his court.
10. Courtesy and civility chan robles virtual law
library
Judges should be courteous to counsel, especially to
those who are young and inexperienced, and also to
all others concerned in the administration of justice
in their courts. They should also require, and, as far
as their power extends, enforce on the part of clerks,
court officers and counsel civility and courtesy to
witnesses, litigants and others having business with
the court.
11. Appointments of the judiciary and their
compensation
Trustees, receivers, masters, referees, guardians, and
administrators appointed by a judge to aid in the
administration of justice under his supervision should
have the strictest probity and impartiality and should
be selected with a view solely to their character and
competency. Patronage of a judge is conferred by him
for no personal or partisan advantage. A judge
should not permit his appointments to be controlled
by others than himself, and he should avoid the
allowance of excessive compensation to the
appointees. He should also avoid nepotism in his
appointments.
12. Kinship or influence of parties and counsel
A judge should not, unless it is unavoidable, sit in
litigation where a near relative is a party or of
counsel; and he should not suffer his conduct to
create the impression that any person can unduly
influence him or enjoy his favor, or that he is affected
by the rank, position, or influence of any party. 13.
Independence
A judge should not be swayed by public claim or
considerations of personal popularity.
14. Interference to conduct of trial
While a judge may properly intervene in a trial of a
case to promote expedition and prevent unnecessary
waste of time, or to clear up some obscurity,
nevertheless, he should bear in mind that his undue
interference, impatience, or participation in the
examination of witnesses, or a severe attitude on his
part toward witnesses, especially those who are
excited or terrified by the unusual circumstances of
trial, may tend to prevent the proper presentation of
the cause, or the ascertainment of the truth in
respect thereto. Conversation between the judge and
counsel in court is often necessary, but the judge
should be studious to avoid controversies which are
apt to obscure the merits of the dispute between
litigants and lead to its unjust disposition. In
addressing counsel, litigants, or witnesses, he should
avoid a controversial tone. He should avoid
interruptions of counsel in their arguments except to
clarify his mind as to their positions, and he should
not be tempted to an unnecessary display of learning
or a premature judgment. 15. Ex parte applications
Judges should discourage ex parte hearing of
applications for injunctions and receivership where
the order may work detriment to absent parties; they
should act upon ex parte applications only where the
necessity for quick action is clearly shown; if this be
demonstrated, then the judge should endeavor to
counter act the effect of the absence of opposing
counsel by a scrupulous cross-examination and
investigation as to the facts and the principles of law
upon which the application is based, granting relief
only when fully satisfied that the law permits it and
the emergency demands it.
The judge should remember that an injunction is a
limitation upon the freedom of action of defendants
and should not be granted lightly or inadvisedly. one
applying for such relief must sustain the burden of
showing clearly its necessity and this burden is
increased in the absence of the party whose freedom
of action is to be restrained even though only
temporarily.
16. Continuances
Delay in the administration of justice is a common
cause of complaint; counsel are frequently
responsible for this delay. Judges, without being
arbitrary or forcing cases unreasonably or unjustly to
trial when unprepared, to the detriment of parties,
may well endeavor to hold counsel to a proper
appreciation of their duties to the public to their own
clients, and to the adverse party and his counsel, so
as to enforce due diligence in the dispatch of
business before the court.
17. Judicial opinions
In disposing of controverted cases, judges should
indicate the reasons for their action in opinions
showing that they have not disregarded or
overlooked serious arguments of counsel. They
should show their full understanding of the case,
avoid the suspicion of arbitrary conclusion, promote
confidence in their intellectual integrity and
contribute useful precedents to the growth of the law.
But the volume of reported decisions is such and is
ever so increasing that in writing opinions which are
to be published, judges may well take this fact into
consideration, and curtail them accordingly, without
substantially departing from the principles stated
above. It is of high importance that judges
constituting a court of last resort should use effort
and self-restraint to promote solidarity of conclusion
and the consequent influence of judicial decision. A
judge should not yield to pride of opinion or value
more highly his individual reputation than that of the
court to which he should be loyal. Therefore, except
in case of conscientious difference of opinion on
fundamental principle, dissents should be
discouraged.
18. Influence of decisions upon the development of
the law
A Judge should be mindful that his duty is the
application of general law to particular instance, that
ours is a government of laws and not of men, and
that he violates his duty as a minister of justice
under such a system if he seeks to do what he may
personally consider substantial justice in a particular
case and disregards the general law as he knows it to
be binding on him. Such action may have detrimental
consequences beyond the immediate controversy. He
should administer his office with a due regard to the
integrity of the system of the law itself, remembering
that he is not a depository of arbitrary power, but a
judge under the sanction of law.
19. Idiosyncrasies and inconsistence
Justice should not be bounded by the individual
idiosyncrasies of those who administer it. A judge
should adopt the usual and expected method of
doing justice, and not seek to be extreme or peculiar
in his judgment, or spectacular or sensational in the
conduct of his court. Though vested with discretion in
the imposition of mild or severe sentence, he should
not compel persons convicted or accused to submit
to some humiliating act or discipline of his own
devising, without authority of law, because he thinks
it will have a beneficial corrective influence.
Judges imposing sentence should endeavor to
conform to a reasonable standard of punishment and
should not seek popularity either by exceptional
severity or undue leniency.
20. Review
In order that a litigant may secure the full benefit of
the right of review accorded to him by law, a trial
judge should scrupulously grant to the defeated
party opportunity to present the situation arising
upon the trial exactly as it arose, was presented, and
decided by full and fair bill of exceptions or
otherwise; and failure in this regard on the part of the
judge is peculiarly worthy of condemnation because
the wrong done is remediable. 21. Legislation
Judges have exceptional opportunity to observe the
operation of statutes, especially those relating to
practice, and to ascertain whether they tend to
impede the just disposition of controversies; and they
may well contribute to the public interest by advising
those having authority to remedy defects of
procedure of the result of their observation and
experience. 22. Infractions of law
The judge should be studiously careful himself to
avoid even the slightest infraction of the law, lest it
be a demoralizing example to others.
23. Inconsistent obligations
A judge should not accept inconsistent duties; nor
incur obligations, pecuniary or otherwise, which will
in any way interfere with his devotion to the
expeditious and proper administration of his official
functions.
24. Business promotions and solicitations for charity.
He should avoid giving ground for any reasonable
suspicion that in utilizing the power or prestige of his
office to persuade or coerce others to patronize or
contribute, either to the success of private business
ventures, or to charitable enterprises. He should,
therefore, not enter into such private business, or
pursue such a course of conduct, as would justify
such suspicion, nor use the power of his office or the
influence of his name to promote the business
interest of others; he should not solicit for charities,
nor should he enter into any business relation which,
in the normal course of events reasonably to be
expected, might bring his personal interests into
conflict with the impartial performance of his official
duties.
25. Personal investments and relations
A Judge should abstain from making personal
investments in enterprises which are apt to be
involved in litigation in his court; and, after accession
to the bench, he should not retain such investments
previously made, longer than a period sufficient to
enable him to dispose of them without serious loss. It
is desirable that he should, so far as reasonably
possible, refrain from all relations which would
normally tend to arouse the suspicion that such
relations warp or bias his judgment, or prevent his
impartial attitude of mind in the administration of his
judicial duties.
It is highly improper for a judge to utilize information
coming to him in a juridical capacity for purposes of
speculation and it detracts from the public
confidence in his integrity and the soundness of
judicial judgment for him at any time to become a
speculative investor upon the hazard of a margin.
26. Executorships and trusteeships
While judges are not disqualified from holding
executorships or trusteeships, they should not accept
or continue to hold any fiduciary or other position if
the holding of it would interfere or seem to interfere
with the proper performance of their judicial duties,
or if the business interests of those represented
require investments in enterprises that are apt to
come before the court, or to be involved in questions
of law to be determined by it.
27. Partisan politics
While entitled to entertain his personal view on
political questions, and while not required to
surrender his rights or opinions as a citizen, it is
inevitable that suspicion of being warped by political
bias will attach to a judge who becomes the active
promoter of the interests of one political party
against another.
A Judge should avoid making political speeches,
contributions to party funds, the public endorsement
of candidates for political office, or participating in
party conventions.
28. Self-interest
He should abstain from participating in any judicial
act in which his personal interests are involved. If he
has personal litigation in the court of which he is
judge, he need not resign his judgeship on that
account, but he should, of course, refrain from any
judicial act in such a controversy. 29. Gifts and
favors
He should not accept any presents or favors from
litigants or from lawyers practicing before him.
30. Social relations
It is not necessary to the proper performance of
judicial duty that judges should live in retirement or
seclusion; it is desirable that, so far as the
reasonable attention to the completion of their work
will permit, they continue to mingle in social
intercourse, and that they should not discontinue
their interests in or appearance at meetings of
members of the bar. A judge should, however, in
pending or prospective litigation before him be
scrupulously careful to avoid such action as may
reasonably tend to waken the suspicion that his
social or business relations or friendships constitute
an element in determining his judicial course.
31. A summary of judicial obligations
A judge's conduct should be above reproach and in
the discharge of his judicial duties he should be
conscientious, studious, thorough, courteous, patient,
punctual, just, impartial, fearless of public clamor,
and regardless of private influence should administer
justice according to law and should deal with the
patronage of the position as a public trust; and he
should not allow outside matters or his private
interests to interfere with the prompt and proper
performance of his office.
[B.M. 850. October 2, 2001]
MANDATORY CONTINUING LEGAL EDUCATION
RESOLUTION
ADOPTING THE REVISED RULES ON THE CONTINUING
LEGAL EDUCATION FOR MEMBERS OF THE
INTEGRATED BAR OF THE PHILIPPINES
Considering the Rules on the Mandatory Continuing
Legal Education (MCLE) for members of the
Integrated Bar of the Philippines (IBP), recommended
by the IBP, endorsed by the Philippine Judicial
Academy, and reviewed and passed upon by the
Supreme Court Committee on Legal Education, the
Court hereby resolves to approve, as it hereby
approves, the following Revised Rules for proper
implementation:
Rule 1. PURPOSE
SECTION 1. Purpose of the MCLE. — Continuing legal
education is required of members of the Integrated
Bar of the Philippines (IBP) to ensure that throughout
their career, they keep abreast with law and
jurisprudence, maintain the ethics of the profession
and enhance the standards of the practice of law.
Rule 2. MANDATORY CONTINUING LEGAL EDUCATION
SECTION 1. Commencement of the MCLE. — Within
two (2) months from the approval of these Rules by
the Supreme Court En Banc, the MCLE Committee
shall be constituted and shall commence the
implementation of the Mandatory Continuing Legal
Education (MCLE) program in accordance with these
Rules.
SEC. 2. Requirements of completion of MCLE. —
Members of the IBP not exempt under Rule 7 shall
complete every three (3) years at least thirty-six (36)
hours of continuing legal education activities
approved by the MCLE Committee. Of the 36 hours:
(a) At least six (6) hours shall be devoted to legal
ethics equivalent to six (6) credit units.
(b) At least four (4) hours shall be devoted to trial
and pretrial skills equivalent to four (4) credit units.
(c) At least five (5) hours shall be devoted to
alternative dispute resolution equivalent to five (5)
credit units.
(d) At least nine (9) hours shall be devoted to
updates on substantive and procedural laws, and
jurisprudence equivalent to nine (9) credit units.
(e) At least four (4) hours shall be devoted to legal
writing and oral advocacy equivalent to four (4)
credit units.
(f) At least two (2) hours shall be devoted to
international law and international conventions
equivalent to two (2) credit units.
(g) The remaining six (6) hours shall be devoted to
such subjects as may be prescribed by the MCLE
Committee equivalent to six (6) credit units.
Rule 3. COMPLIANCE PERIOD
SECTION 1. Initial compliance period. -- The initial
compliance period shall begin not later than three (3)
months from the adoption of these Rules. Except for
the initial compliance period for members admitted
or readmitted after the establishment of the
program, all compliance periods shall be for thirty-six
(36) months and shall begin the day after the end of
the previous compliance period.
SEC. 2. Compliance Groups. -- Members of the IBP
not exempt from the MCLE requirement shall be
divided into three (3) compliance groups, namely:
(b) Where more than four (4) months remain of the
initial compliance period after admission or
readmission, the member shall be required to
complete a number of hours of approved continuing
legal education activities equal to the number of
months remaining in the compliance period in which
the member is admitted or readmitted. Such member
shall be required to complete a number of hours of
education in legal ethics in proportion to the number
of months remaining in the compliance period.
Fractions of hours shall be rounded up to the next
whole number.
Rule 4. COMPUTATION OF CREDIT UNITS(CU)
SECTION 1. Guidelines. - CREDIT UNITS ARE
EQUIVALENT TO CREDIT HOURS. CREDIT UNITS
measure compliance with the MCLE requirement
under the Rules, based on the category of the
lawyer’s participation in the MCLE activity. The
following are the guidelines for computing credit
units and the supporting documents required
therefor:
PROGRAMS/ACTIVITY CREDIT UNITS
SUPPORTING DOCUMENTS

(a) Compliance group 1. -- Members in the National 1. SEMINARS, CONVENTIONS, CONFERENCES,

Capital Region (NCR) or Metro Manila are assigned to SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS,
Compliance Group 1. WORKSHOPS, DIALOGUES, ROUND TABLE
DISCUSSIONS BY APPROVED PROVIDERS UNDER
(b) Compliance group 2. -- Members in Luzon outside RULE 7 AND OTHER RELATED RULES
NCR are assigned to Compliance Group 2.
1.1 PARTICIPANT/ 1 CU PER HOUR
(c) Compliance group 3. -- Members in Visayas and OF CERTIFICATE OF
Mindanao are assigned to Compliance Group 3. ATTENDEE ATTENDANCE
ATTENDANCE WITH
Nevertheless, members may participate in any legal NUMBER OF HOURS
education activity wherever it may be available to
earn credit unit toward compliance with the MCLE 1.2 LECTURER FULL CU FOR
requirement. THE PHOTOCOPY OF
RESOURCE SUBJECT PER
SEC. 3. Compliance period of members admitted or PLAQUE OR
readmitted after establishment of the program. — SPEAKER COMPLIANCE
Members admitted or readmitted to the Bar after the PERIOD SPONSOR’S
establishment of the program shall be assigned to CERTIFICATION
the appropriate Compliance Group based on their 1.3 PANELIST/REACTOR 1/2 OF CU FOR THE
Chapter membership on the date of admission or CERTIFICATION
readmission. COMMENTATOR/ SUBJECT
PER FROM
The initial compliance period after admission or MODERATOR/ COMPLIANCE
readmission shall begin on the first day of the month PERIOD SPONSORING COORDINATOR/
of admission or readmission and shall end on the ORGANIZATION
same day as that of all other members in the same FACILITATOR
Compliance Group.
2. AUTHORSHIP, EDITING AND REVIEW
(a) Where four (4) months or less remain of the initial
compliance period after admission or readmission, 2.1 LAW BOOK OF NOT FULL CU FOR THE
the member is not required to comply with the PUBLISHED BOOK
program requirement for the initial compliance. LESS THAN 100 PAGES SUBJECT PER
COMPLIANCE PERIOD
2.2 BOOK EDITOR 1/2 OF THE CU OF
PUBLISHED BOOK (b) Editing a law book, law journal or legal newsletter.
AUTHORSHIP CATEGORY WITH PROOF AS
EDITOR Rule 6. COMPUTATION OF CREDIT HOURS (CH)
2.3 RESEARCH PAPER 1/2 OF CU FOR THE
DULY SECTION 1. Computation of credit hours. -- Credit
INNOVATIVE PROGRAM/ SUBJECT hours are computed based on actual time spent in an
PER CERTIFIED/ education activity in hours to the nearest one-quarter
CREATIVE PROJECT COMPLIANCE hour reported in decimals.
PERIOD PUBLISHED
TECHNICAL Rule 7. EXEMPTIONS
REPORT/PAPER
2.4 LEGAL ARTICLE OF AT 1/2 OF CU FOR THE SECTION 1. Parties exempted from the MCLE. -- The
PUBLISHED ARTICLE following members of the Bar are exempt from the
LEAST TEN (10) PAGES SUBJECT PER MCLE requirement:

COMPLIANCE PERIOD (a) The President and the Vice President of the
Philippines, and the Secretaries and Undersecretaries
2.5 LEGAL NEWSLETTER/ 1 CU PER ISSUE of Executive Departments;
PUBLISHED
LAW JOURNAL EDITOR (b) Senators and Members of the House of
NEWSLETTER/JOURNAL Representatives;

2.6 PROFESSORIAL CHAIR/ FULL CU FOR THE (c) The Chief Justice and Associate Justices of the
CERTIFICATION OF Supreme Court, incumbent and retired members of
BAR REVIEW LECTURE SUBJECT PER the judiciary, incumbent members of the Judicial and
LAW DEAN OR Bar Council and incumbent court lawyers covered by
LAW TEACHING/ COMPLIANCE the Philippine Judicial Academy program of
PERIOD BAR REVIEW continuing judicial education;
DIRECTOR
Rule 5. CATEGORIES OF CREDIT UNITS (d) The Chief State Counsel, Chief State Prosecutor
and Assistant Secretaries of the Department of
SECTION 1. Classes of Credit units. -- Credit units are Justice;
either participatory or non-participatory.
(e) The Solicitor General and the Assistant Solicitors
SEC. 2. Claim for participatory credit units. -- General;
Participatory credit units may be claimed for:
(f) The Government Corporate Counsel, Deputy and
(a) Attending approved education activities like Assistant Government Corporate Counsel;
seminars, conferences, conventions, symposia, in-
house education programs, workshops, dialogues or (g) The Chairmen and Members of the Constitutional
round table discussion. Commissions;

(b) Speaking or lecturing, or acting as assigned
panelist, reactor, commentator, resource speaker,
moderator, coordinator or facilitator in approved
education activities.
(c) Teaching in a law school or lecturing in a bar
review class.
SEC. 3. Claim for non-participatory credit units. —
Non-participatory credit units may be claimed per
compliance period for:
(a) Preparing, as an author or co-author, written
materials published or accepted for publication, e.g.,
in the form of an article, chapter, book, or book
review which contribute to the legal education of the
author member, which were not prepared in the
ordinary course of the member’s practice or
employment.
(h) The Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsman and the
Special Prosecutor of the Office of the Ombudsman;
(i) Heads of government agencies exercising quasi-
judicial functions;
(j) Incumbent deans, bar reviewers and professors of
law who have teaching experience for at least ten
(10) years in accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of
the Corps of Professors and Professorial Lecturers of
the Philippine Judicial Academy; and
(l) Governors and Mayors.
SEC. 2. Other parties exempted from the MCLE. —
The following Members of the Bar are likewise
exempt:
(a) Those who are not in law practice, private or
public.
(b) Those who have retired from law practice with the
approval of the IBP Board of Governors.
SEC. 3. Good cause for exemption from or
modification of requirement —A member may file a
verified request setting forth good cause for
exemption (such as physical disability, illness, post
graduate study abroad, proven expertise in law, etc.)
from compliance with or modification of any of the
requirements, including an extension of time for
compliance, in accordance with a procedure to be
established by the MCLE Committee.
SEC. 4. Change of status. — The compliance period
shall begin on the first day of the month in which a
member ceases to be exempt under Sections 1, 2, or
3 of this Rule and shall end on the same day as that
of all other members in the same Compliance Group.
SEC. 5. Proof of exemption. — Applications for
exemption from or modification of the MCLE
requirement shall be under oath and supported by
documents.
Rule 8. STANDARDS FOR APPROVAL OF
EDUCATION ACTIVITIES
SECTION 1. Approval of MCLE program. — Subject to
the implementing regulations that may be adopted
by the MCLE Committee, continuing legal education
program may be granted approval in either of two (2)
ways: (1) the provider of the activity is an accredited
provider and certifies that the activity meets the
criteria of Section 2 of this Rule; and (2) the provider
is specifically mandated by law to provide continuing
legal education.
SEC. 2. Standards for all education activities. — All
continuing legal education activities must meet the
following standards:
(a) The activity shall have significant current
intellectual or practical content.
(b) The activity shall constitute an organized program
of learning related to legal subjects and the legal
profession, including cross profession activities (e.g.,
accounting-tax or medical-legal) that enhance legal
skills or the ability to practice law, as well as subjects
in legal writing and oral advocacy.
(c) The activity shall be conducted by a provider with
adequate professional experience.
(d) Where the activity is more than one (1) hour in
length, substantive written materials must be
distributed to all participants. Such materials must be
distributed at or before the time the activity is
offered.
(e) In-house education activities must be scheduled
at a time and location so as to be free from
interruption like telephone calls and other
distractions.
Rule 9. ACCREDITATION OF PROVIDERS
SECTION 1. Accreditation of providers. --
Accreditation of providers shall be done by the MCLE
Committee.
SEC. 2. Requirements for accreditation of providers.
— Any person or group may be accredited as a
provider for a term of two (2) years, which may be
renewed, upon written application. All providers of
continuing legal education activities, including in-
house providers, are eligible to be accredited
providers. Application for accreditation shall:
(a) Be submitted on a form provided by the MCLE
Committee;
(b) Contain all information requested in the form;
(c) Be accompanied by the appropriate approval fee.
SEC. 3. Requirements of all providers. -- All approved
accredited providers shall agree to the following:
(a) An official record verifying the attendance at the
activity shall be maintained by the provider for at
least four (4) years after the completion date. The
provider shall include the member on the official
record of attendance only if the member’s signature
was obtained at the time of attendance at the
activity. The official record of attendance shall
contain the member’s name and number in the Roll
of Attorneys and shall identify the time, date,
location, subject matter, and length of the education
activity. A copy of such record shall be furnished the
MCLE COMMITTEE.
(b) The provider shall certify that:
(1) This activity has been approved BY THE
MCLE COMMITTEE in the amount of ________ hours of
which ______ hours will apply in (legal ethics, etc.), as
appropriate to the content of the activity;
(2) The activity conforms to the standards for
approved education activities prescribed by these
Rules and such regulations as may be prescribed by
the MCLE COMMITTEE.
(c) The provider shall issue a record or certificate to
all participants identifying the time, date, location,
subject matter and length of the activity.
(d) The provider shall allow in-person observation of
all approved continuing legal education activity by
THE MCLE COMMITTEE, members of the IBP Board of
Governors, or designees of the Committee and IBP
staff Board for purposes of monitoring compliance
with these Rules.
(e) The provider shall indicate in promotional
materials, the nature of the activity, the time
devoted to each topic and identity of the instructors.
The provider shall make available to each participant
a copy of THE MCLE COMMITTEE-approved Education
Activity Evaluation Form.
(f) The provider shall maintain the completed
Education Activity Evaluation Forms for a period of
not less than one (1) year after the activity, copy
furnished the MCLE COMMITTEE.
(g) Any person or group who conducts an
unauthorized activity under this program or issues a
spurious certificate in violation of these Rules shall
be subject to appropriate sanctions.
SEC. 4. Renewal of provider accreditation. — The
accreditation of a provider may be renewed every
two (2) years. It may be denied if the provider fails to
comply with any of the requirements of these Rules
or fails to provide satisfactory education activities for
the preceding period.
SEC. 5. Revocation of provider accreditation. -- the
accreditation of any provider referred to in Rule 9
may be revoked by a majority vote of the MCLE
Committee, after notice and hearing and for good
cause.
Rule 10. FEE FOR APPROVAL OF ACTIVITY AND
ACCREDITATION OF PROVIDER
SECTION 1. Payment of fees. — Application for
approval of an education activity or accreditation as
a provider requires payment of the appropriate fee as
provided in the Schedule of MCLE Fees.
Rule 11. GENERAL COMPLIANCE PROCEDURES
SECTION 1. Compliance card. -- Each member shall
secure from the MCLE Committee a Compliance Card
before the end of his compliance period. He shall
complete the card by attesting under oath that he
has complied with the education requirement or that
he is exempt, specifying the nature of the exemption.
Such Compliance Card must be returned to the
Committee not later than the day after the end of the
member’s compliance period.
SEC. 2. Member record keeping requirement. -- Each
member shall maintain sufficient record of
compliance or exemption, copy furnished the MCLE
Committee. The record required to be provided to the
members by the provider pursuant to Section 3© of
Rule 9 should be a sufficient record of attendance at
a participatory activity. A record of non-participatory
activity shall also be maintained by the member, as
referred to in Section 3 of Rule 5.
Rule 12. NON-COMPLIANCE PROCEDURES
SECTION 1. What constitutes non-compliance. — The
following shall constitute non-compliance:
(a) Failure to complete the education requirement
within the compliance period;
(b) Failure to provide attestation of compliance or
exemption;
(c) Failure to provide satisfactory evidence of
compliance (including evidence of exempt status)
within the prescribed period;
(d) Failure to satisfy the education requirement and
furnish evidence of such compliance within sixty (60)
days from receipt of non-compliance notice;
(e) Failure to pay non-compliance fee within the
prescribed period;
(f) Any other act or omission analogous to any of the
foregoing or intended to circumvent or evade
compliance with the MCLE requirements.
SEC. 2. Non-compliance notice and 60-day period to
attain compliance. -Members failing to comply will
receive a Non-Compliance Notice stating the specific
deficiency and will be given sixty (60) days from the
date of notification to file a response clarifying the
deficiency or otherwise showing compliance with the
requirements. Such notice shall contain the following
language near the beginning of the notice in capital
letters:
IF YOU FAIL TO PROVIDE ADEQUATE PROOF OF
COMPLIANCE WITH THE MCLE REQUIREMENT BY
(INSERT DATE 60 DAYS FROM DATE OF NOTICE), YOU
SHALL BE LISTED AS A DELINQUENT MEMBER AND
SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL
SUCH TIME AS ADEQUATE PROOF OF COMPLIANCE IS
RECEIVED BY THE MCLE COMMITTEE.
Members given sixty (60) days to respond to a Non-
Compliance Notice may use this period to attain the
adequate number of credit units for compliance.
Credit units earned during this period may only be
counted toward compliance with the prior compliance
period requirement unless units in excess of the
requirement are earned, in which case the excess
may be counted toward meeting the current
compliance period requirement.
Rule 13. CONSEQUENCES OF NON-COMPLIANCE
SECTION 1. Non-compliance fee. -- A member who,
for whatever reason, is in non-compliance at the end
of the compliance period shall pay a non-compliance
fee.
SEC. 2. Listing as delinquent member. -- A member
who fails to comply with the requirements after the
sixty (60) day period for compliance has expired,
shall be listed as a delinquent member of the IBP
upon the recommendation of the MCLE Committee.
The investigation of a member for non-compliance
shall be conducted by the IBP’s Commission on Bar
Discipline as a fact-finding arm of the MCLE
Committee.
SEC. 3. Accrual of membership fee. -- Membership
fees shall continue to accrue at the active rate
against a member during the period he/she is listed
as a delinquent member.
Rule 14. REINSTATEMENT
SECTION 1. Process. -- The involuntary listing as a
delinquent member shall be terminated when the
member provides proof of compliance with the MCLE
requirement, including payment of non-compliance
fee. A member may attain the necessary credit units
to meet the requirement for the period of non-
compliance during the period the member is on
inactive status. These credit units may not be
counted toward meeting the current compliance
period requirement. Credit units earned during the
period of non-compliance in excess of the number
needed to satisfy the prior compliance period
requirement may be counted toward meeting the
current compliance period requirement.
SEC. 2. Termination of delinquent listing is an
administrative process. — The termination of listing
as a delinquent member is administrative in nature
AND it shall be made by the MCLE Committee.
Rule. 15. COMMITTEE ON MANDATORY CONTINUING
LEGAL EDUCATION
SECTION 1. Composition. — The MCLE Committee
shall be composed of five (5) members, namely, a
retired Justice of the Supreme Court as Chair, and
four (4) members respectively nominated by the IBP,
the Philippine Judicial Academy, a law center
designated by the Supreme Court and associations of
law schools and/or law professors.
The members of the Committee shall be of proven
probity and integrity. They shall be appointed by the
Supreme Court for a term of three (3) years and shall
receive such compensation as may be determined by
the Court.
SEC. 2. Duty of committee. — The MCLE Committee
shall administer and adopt such implementing rules
as may be necessary subject to the approval of the
Supreme Court. It shall, in consultation with the IBP
Board of Governors, prescribe a schedule of MCLE
fees with the approval of the Supreme Court.
SEC. 3. Staff of the MCLE Committee. — Subject to
approval by the Supreme Court, the MCLE Committee
shall employ such staff as may be necessary to
perform the record-keeping, auditing, reporting,
approval and other necessary functions.
SEC. 4. Submission of annual budget. — The MCLE
Committee shall submit to the Supreme Court for
approval, an annual budget [for a subsidy] to
establish, operate and maintain the MCLE Program.
This resolution shall take effect on the fifteenth of
September 2000, following its publication in two (2)
newspapers of general circulation in the Philippines.
Adopted this 22nd day of August, 2000, as amended
on 02 October 2001.
B.M. No. 2012 February 10, 2009
PROPOSED RULE ON MANDATORY LEGAL AID SERVICE
FOR PRACTICING LAWYERS
February 10, 2009
RULE ON MANDATORY LEGAL AID SERVICE
SECTION 1. Title. - This Rule shall be known as "The
Rule on Mandatory Legal Aid Service."
SECTION 2. Purpose. - This Rule seeks to enhance the
duty of lawyers to society as agents of social change
and to the courts as officers thereof by helping
improve access to justice by the less privileged
members of society and expedite the resolution of
cases involving them. Mandatory free legal service
by members of the bar and their active support
thereof will aid the efficient and effective
administration of justice especially in cases involving
indigent and pauper litigants.
SECTION 3. Scope. - This Rule shall govern the
mandatory requirement for practicing lawyers to
render free legal aid services in all cases (whether,
civil, criminal or administrative) involving indigent
and pauper litigants where the assistance of a lawyer
is needed. It shall also govern the duty of other
members of the legal profession to support the legal
aid program of the Integrated Bar of the Philippines.
SECTION 4. Definition of Terms. - For purposes of this
Rule:
(a) Practicing lawyers are members of the Philippine
Bar who appear for and in behalf of parties in courts
of law and quasi-judicial agencies, including but not
limited to the National Labor Relations Commission,
National Conciliation and Mediation Board,
Department of Labor and Employment Regional
Offices, Department of Agrarian Reform Adjudication
Board and National Commission for Indigenous
Peoples. The term "practicing lawyers" shall exclude:
(i) Government employees and incumbent elective
officials not allowed by law to practice;
(ii) Lawyers who by law are not allowed to appear in
court;
(iii) Supervising lawyers of students enrolled in law
student practice in duly accredited legal clinics of law
schools and lawyers of non-governmental
organizations (NGOs) and peoples’ organizations
(POs) like the Free Legal Assistance Group who by the
nature of their work already render free legal aid to
indigent and pauper litigants and
(iv) Lawyers not covered under subparagraphs (i) to
(iii) including those who are employed in the private
sector but do not appear for and in behalf of parties
in courts of law and quasi-judicial agencies.
(b) Indigent and pauper litigants are those defined
under Rule 141, Section 19 of the Rules of Court and
Algura v. The Local Government Unit of the City of
Naga (G.R. No.150135, 30 October 2006, 506 SCRA
81);
(c) Legal aid cases are those actions, disputes, and
controversies that are criminal, civil and
administrative in nature in whatever stage wherein
indigent and pauper litigants need legal
representation;
(d) Free legal aid services refer to appearance in
court or quasi-judicial body for and in behalf of an
indigent or pauper litigant and the preparation of
pleadings or motions. It shall also cover assistance
by a practicing lawyer to indigent or poor litigants in
court-annexed mediation and in other modes of
alternative dispute resolution (ADR). Services
rendered when a practicing lawyer is appointed
counsel de oficio shall also be considered as free
legal aid services and credited as compliance under
this Rule;
(e) Integrated Bar of the Philippines (IBP) is the
official national organization of lawyers in the
country;
(f) National Committee on Legal Aid (NCLA) is the
committee of the IBP which is specifically tasked with
handling legal aid cases;
(g) Committee on Bar Discipline (CBD) is the
committee of the IBP which is specifically tasked with
disciplining members of the Bar;
(h) IBP Chapters are those chapters of the Integrated
Bar of the Philippines located in the different
geographical areas of the country as defined in Rule
139-A and
(i) Clerk of Court is the Clerk of Court of the court
where the practicing lawyer rendered free legal aid
services. In the case of quasi-judicial bodies, it refers
to an officer holding an equivalent or similar position.
The term shall also include an officer holding a
similar position in agencies exercising quasi-judicial
functions, or a responsible officer of an accredited PO
or NGO, or an accredited mediator who conducted
the court-annexed mediation proceeding.
SECTION 5. Requirements. -
(a) Every practicing lawyer is required to render a
minimum of sixty (60) hours of free legal aid services
to indigent litigants in a year. Said 60 hours shall be
spread within a period of twelve (12) months, with a
minimum of five (5) hours of free legal aid services
each month. However, where it is necessary for the
practicing lawyer to render legal aid service for more
than five (5) hours in one month, the excess hours
may be credited to the said lawyer for the
succeeding periods.
For this purpose, a practicing lawyer shall coordinate
with the Clerk of Court for cases where he may
render free legal aid service. He may also coordinate
with the IBP Legal Aid Chairperson of the IBP Chapter
to inquire about cases where he may render free
legal aid service. In this connection, the IBP Legal Aid
Chairperson of the IBP Chapter shall regularly and
actively coordinate with the Clerk of Court.
The practicing lawyer shall report compliance with
the requirement within ten (10) days of the last
month of each quarter of the year.
(b) A practicing lawyer shall be required to secure
and obtain a certificate from the Clerk of Court
attesting to the number of hours spent rendering free
legal aid services in a case.
The certificate shall contain the following
information:
(i) The case or cases where the legal aid service was
rendered, the party or parties in the said case(s) for
whom the service was rendered, the docket number
of the said case(s) and the date(s) the service was
rendered.
(ii) The number of hours actually spent attending a
hearing or conducting trial on a particular case in the
court or quasi-judicial body.
(iii) The number of hours actually spent attending
mediation, conciliation or any other mode of ADR on
a particular case.
(iv) A motion (except a motion for extension of time
to file a pleading or for postponement of hearing or
conference) or pleading filed on a particular case
shall be considered as one (1) hour of service.
The Clerk of Court shall issue the certificate in
triplicate, one (1) copy to be retained by the
practicing lawyer, one (1) copy to be retained by the
Clerk of Court and one (1) copy to be attached to the
lawyer's compliance report.
(c) Said compliance report shall be submitted to the
Legal Aid Chairperson of the IBP Chapter within the
court’s jurisdiction. The Legal Aid Chairperson shall
then be tasked with immediately verifying the
contents of the certificate with the issuing Clerk of
Court by comparing the copy of the certificate
attached to the compliance report with the copy
retained by the Clerk of Court.
(d) The IBP Chapter shall, after verification, issue a
compliance certificate to the concerned lawyer. The
IBP Chapter shall also submit the compliance reports
to the IBP’s NCLA for recording and documentation.
The submission shall be made within forty-five (45)
days after the mandatory submission of compliance
reports by the practicing lawyers.
(e) Practicing lawyers shall indicate in all pleadings
filed before the courts or quasi-judicial bodies the
number and date of issue of their certificate of
compliance for the immediately preceding
compliance period. Failure to disclose the required
information would cause the dismissal of the case
and the expunction of the pleadings from the
records.
(f) Before the end of a particular year, lawyers
covered by the category under Section 4(a)(i) and
(ii), shall fill up a form prepared by the NCLA which
states that, during that year, they are employed with
the government or incumbent elective officials not
allowed by law to practice or lawyers who by law are
not allowed to appear in court.
The form shall be sworn to and submitted to the IBP
Chapter or IBP National Office together with the
payment of an annual contribution of Two Thousand
Pesos (P2,000). Said contribution shall accrue to a
special fund of the IBP for the support of its legal aid
program.
(g) Before the end of a particular year, lawyers
covered by the category under Section 4(a)(iii) shall
secure a certification from the director of the legal
clinic or of the concerned NGO or PO to the effect
that, during that year, they have served as
supervising lawyers in a legal clinic or actively
participated in the NGO’s or PO’s free legal aid
activities. The certification shall be submitted to the
IBP Chapter or IBP National Office.
(h) Before the end of a particular year, lawyers
covered by the category under Section 4(a)(iv) shall
fill up a form prepared by the NCLA which states that,
during that year, they are neither practicing lawyers
nor covered by Section (4)(a)(i) to (iii). The form shall
be sworn to and submitted to the IBP Chapter or IBP
National Office together with the payment of an
annual contribution of Four Thousand Pesos (P4,000)
by way of support for the efforts of practicing lawyers
who render mandatory free legal aid services. Said
contribution shall accrue to a special fund of the IBP
for the support of its legal aid program.
(i) Failure to pay the annual contribution shall subject
the lawyer to a penalty of Two Thousand Pesos
(P2,000) for that year which amount shall also accrue
to the special fund for the legal aid program of the
IBP.
SECTION 6. NCLA. -
(a) The NCLA shall coordinate with the various legal
aid committees of the IBP local chapters for the
proper handling and accounting of legal aid cases
which practicing lawyers can represent.
(b) The NCLA shall monitor the activities of the
Chapter of the Legal Aid Office with respect to the
coordination with Clerks of Court on legal aid cases
and the collation of certificates submitted by
practicing lawyers.
(c) The NCLA shall act as the national repository of
records in compliance with this Rule.
(d) The NCLA shall prepare the following forms:
certificate to be issued by the Clerk of Court and
forms mentioned in Section 5(e) and (g).
(e) The NCLA shall hold in trust, manage and utilize
the contributions and penalties that will be paid by
lawyers pursuant to this Rule to effectively carry out
the provisions of this Rule. For this purpose, it shall
annually submit an accounting to the IBP Board of
Governors.
The accounting shall be included by the IBP in its
report to the Supreme Court in connection with its
request for the release of the subsidy for its legal aid
program.
SECTION 7. Penalties. -
(a) At the end of every calendar year, any practicing
lawyer who fails to meet the minimum prescribed 60
hours of legal aid service each year shall be required
by the IBP, through the NCLA, to explain why he was
unable to render the minimum prescribed number of
hours. If no explanation has been given or if the
NCLA finds the explanation unsatisfactory, the NCLA
shall make a report and recommendation to the IBP
Board of Governors that the erring lawyer be
declared a member of the IBP who is not in good
standing. Upon approval of the NCLA’s
recommendation, the IBP Board of Governors shall
declare the erring lawyer as a member not in good
standing. Notice thereof shall be furnished the erring
lawyer and the IBP Chapter which submitted the
lawyer’s compliance report or the IBP Chapter where
the lawyer is registered, in case he did not submit a
compliance report. The notice to the lawyer shall
include a directive to pay Four Thousand Pesos
(P4,000) penalty which shall accrue to the special
fund for the legal aid program of the IBP.
(b) The "not in good standing" declaration shall be
effective for a period of three (3) months from the
receipt of the erring lawyer of the notice from the IBP
Board of Governors. During the said period, the
lawyer cannot appear in court or any quasi-judicial
body as counsel. Provided, however, that the "not in
good standing" status shall subsist even after the
lapse of the three-month period until and unless the
penalty shall have been paid.
(c) Any lawyer who fails to comply with his duties
under this Rule for at least three (3) consecutive
years shall be the subject of disciplinary proceedings
to be instituted motu proprio by the CBD. The said
proceedings shall afford the erring lawyer due
process in accordance with the rules of the CBD and
Rule 139-B of the Rules of Court. If found
administratively liable, the penalty of suspension in
the practice of law for one (1) year shall be imposed
upon him.
(d) Any lawyer who falsifies a certificate or any form
required to be submitted under this Rule or any
contents thereof shall be administratively charged
with falsification and dishonesty and shall be subject
to disciplinary action by the CBD. This is without
prejudice to the filing of criminal charges against the
lawyer.
(e) The falsification of a certificate or any contents
thereof by any Clerk of Court or by any Chairperson
of the Legal Aid Committee of the IBP local chapter
where the case is pending or by the Director of a
legal clinic or responsible officer of an NGO or PO
shall be a ground for an administrative case against
the said Clerk of Court or Chairperson. This is without
prejudice to the filing of the criminal and
administrative charges against the malfeasor.
SECTION 8. Credit for Mandatory Continuing Legal
Education (MCLE). - A lawyer who renders mandatory
legal aid service for the required number of hours in
a year for the three year-period covered by a
compliance period under the Rules on MCLE shall be
credited the following: two (2) credit units for legal
ethics, two (2) credit units for trial and pretrial skills,
two (2) credit units for alternative dispute resolution,
four (4) credit units for legal writing and oral
advocacy, four (4) credit units for substantive and
procedural laws and jurisprudence and six (6) credit
units for such subjects as may be prescribed by the
MCLE Committee under Section 2(9), Rule 2 of the
Rules on MCLE.
A lawyer who renders mandatory legal aid service for
the required number of hours in a year for at least
two consecutive years within the three year-period
covered by a compliance period under the Rules on
MCLE shall be credited the following: one (1) credit
unit for legal ethics, one (1) credit unit for trial and
pretrial skills, one (1) credit unit for alternative
dispute resolution, two (2) credit units for legal
writing and oral advocacy, two (2) credit units for
substantive and procedural laws and jurisprudence
and three (3) credit units for such subjects as may be
prescribed by the MCLE Committee under Section
2(g), Rule 2 of the Rules on MCLE.
SECTION 9. Implementing Rules. - The IBP, through
the NCLA, is hereby given authority to recommend
implementing regulations in determining who are
"practicing lawyers," what constitute "legal aid
cases" and what administrative procedures and
financial safeguards which may be necessary and
proper in the implementation of this rule may be
prescribed. It shall coordinate with the various legal
chapters in the crafting of the proposed
implementing regulations and, upon approval by the
IBP Board of Governors, the said implementing
regulations shall be transmitted to the Supreme
Court for final approval.
SECTION 10. Effectivity. - This Rule and its
implementing rules shall take effect on July 1,2009
after they have been published in two (2)
newspapers of general circulation.