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21. May a non-lawyer appear in court?

judgment should be set aside, and the case remanded to


Five J. Taxi v. NLRC the trial court for a new trial.
G.R. No. 111474 The court further added “a person who misrepresents
August 22, 1994 himself as a lawyer shall be held liable for indirect
Facts: Guillermo H. Pulia, a non-lawyer was the contempt of court”.
authorized representative of Domingo Maldigan and
Gilberto Sabsalon, to represent them before the NLRC
for the accumulated deposits and car wash payments, 23. Limitations on appearance of non-lawyer before the
plus interest thereon at the legal rate from the date of courts.
promulgation of judgment to the date of actual
payment, and 10% of the total amount as and for Philippine Association of Free Labor Unions (PAFLU) vs.
attorney's fees. Binalbagan Isabela Sugar Company
G.R. No. L-23959, November 29, 1971
Issue: May non-lawyer appear in court be entitle to
attorneys fee? Facts: On 18 October 1963, Cipriano Cid & Associates,
counsel of record for the winning complainants, filed a
Ruling: Attorney's fees or service fees for private notice of attorney's lien equivalent to 30% of the total
respondents' authorized representative, Article 222 of
backwages. On 22 November 1963, Atty. Atanacio Pacis
the Labor Code, as amended by Section 3 of Presidential
Decree No. 1691, states that non-lawyers may appear also filed a similar notice for a reasonable amount.
before the NLRC or any labor arbiter only (1) if they Complainants Entila and Tenazas on 3 December 1963,
represent themselves, or (2) if they represent their filed a manifestation indicating their non-objection to an
organization or the members thereof. While it may be award of attorney's fees for 25% of their backwages,
true that Guillermo H. Pulia was the authorized and, on the same day, Quentin Muning filed a "Petition
representative of private respondents, he was a non- for the Award of Services Rendered" equivalent to 20%
lawyer who did not fall in either of the foregoing
of the backwages. Munings petition was opposed by
categories. Hence, by clear mandate of the law, he is not
entitled to attorney's fees. Cipriano Cid & Associates the ground that he is not a
Furthermore, the statutory rule that an attorney shall be lawyer.
entitled to have and recover from his client a reasonable
compensation for his services necessarily imports the Issue: Whether or Not a non-lawyer may recover
existence of an attorney-client relationship as a attorney's fees for legal services rendered.
condition for the recovery of attorney's fees, and such
relationship cannot exist unless the client's Held: There must be an existence of attorney-client
representative is a lawyer. relationship as a condition to the recovery of attorney's
fees. Such a relationship cannot exist unless the client's
representative in court be a lawyer. Since respondent
22. May a party represent himself? Muning is not one, he cannot establish an attorney-
client relationship with Enrique Entila and Victorino
Tenezas or with PAFLU, and he cannot, therefore,
In the said case, the accused was represented by a
person who misrepresented himself to be a lawyer. The recover attorney's fees.
accused-appellant contended that he was represented
The reasons are that the ethics of the legal profession
during trial by a person named Gualberto C. Ompong,
should not be violated; that acting as an attorney
who for all intents and purposes acted as his counsel
without authority constitutes contempt of court, which
and even conducted the direct examination and cross-
is punishable by fine or imprisonment or both, and the
examinations of the witnesses.
law will not assist a person to reap the fruits or benefit
On appeal, however, appellant secured the services of a
of an unlawful act or an act done in violation of law; and
new lawyer, Atty. Igmedio S. Prado, Jr., who discovered
that if fees were to be allowed to non-lawyers, it would
that Gualberto C. Ompong was actually not a member of
leave the public in hopeless confusion as to whom to
the bar. Further verification with the Office of the Bar
consult in case of necessity and also leave the bar in a
Confidant confirmed this fact.
chaotic condition, aside from the fact that non-lawyers
are not amenable to disciplinary measure.
Issue: A non-lawyer appears in criminal case before the
court?

Held:
24. Proceedings where lawyers are prohibited from
The Court held that, where an accused was not duly
appearing.
represented by a member of the Bar during trial, the
1. Proceedings before the Small Claims Court Bank on the procedure on how to liquidate the GenBank
2. Proceedings before the Katarungang Pambarangay is a different matter from the subject matter of the civil
case which is about the sequestration of the shares of
Tan et al. in Allied Bank. Consequently, the danger that
25. Remedies against unauthorized practice of law of confidential official information might be divulged is still
lawyers. nil, if not inexistent. To be sure, there are no
inconsistent sides to be bothered about in this case. For
1. Petition for Injunction; there is no question that in lawyering for Tan et al.,
2. Contempt of court; Mendoza is indirectly defending the validity of the
3. Criminal complaint for Estafa against a person who falsely
represented himself to be an attorney to the damage of a party;
action of the Central Bank in liquidating GenBank and
4. Disqualification and complaints for disbarment; or selling it later to Allied Bank. Their interests coincide
5. Administrative complaint against the erring lawyer or instead of colliding Adverse-interest conflict v.
government official. Congruent-interest conflict
26. Contempt of court.

28. Public officials restricted from engaging in the


Contempt of court, often referred to simply as
practice of law.
"contempt", is the offense of being disobedient to or
disrespectful toward a court of law and its officers in the
form of behavior that opposes or defies the authority,
FACTS: Complainant Wilfredo M. Catu is a co-owner of
justice and dignity of the court.
a lot and the building erected thereon located at 959
San Andres Street, Malate, Manila. His mother and
27. Public officials and the practice of law brother, Regina Catu and Antonio Catu, contested the
possession of Elizabeth C. Diaz-Catu and Antonio Pasto
PCGG v. Sandiganbayan, of one of the units in the building. The latter ignored
G.R. Nos. 151809-12, demands for them to vacate the premises. Thus, a
Apr. 12, 2005
complaint was initiated against them in the Lupong
Facts: Former Solicitor General Estelito Mendoza filed a
petition with the CFI praying for the assistance and Tagapamayapa of Barangay 723, Zone 79 of the
supervision of the court in the GenBank’s liquidation. 5th District of Manila where the parties reside.
Mendoza gave advice on the procedure to liquidate the Respondent, as punong barangay of Barangay 723,
GenBank. Subsequently, President Aquino established summoned the parties to conciliation meetings. When
the PCGG to recover the alleged ill-gotten wealth of the parties failed to arrive at an amicable settlement,
former President Marcos, his families and cronies. The
respondent issued a certification for the filing of the
PCGG filed with the Sandiganbayan a complaint for
appropriate action in court. Thereafter, Regina and
reversion, reconveyance, restitution, accounting and
damages against Tan, et al. and issued several writs of Antonio filed a complaint for ejectment against
sequestration on properties they allegedly acquired. Elizabeth and Pastor in the Metropolitan Trial Court of
Tan, et al. were represented by former SolGen Manila, Branch 11. Respondent entered his appearance
Mendoza, who has then resumed his private practice of as counsel for the defendants in that case. Because of
law. The PCGG filed motions to disqualify Mendoza as this, complainant filed the instant administrative
counsel for Tan, et al. The motions alleged that
complaint, claiming that respondent committed an act
Mendoza, as then SolGen and counsel to Central Bank,
“actively intervened” in the liquidation of GenBank, of impropriety as a lawyer and as a public officer when
which was subsequently acquired by Tan, et al. he stood as counsel for the defendants despite the fact
that he presided over the conciliation proceedings
Issue: Is Rule 6.03 of the CPR applicable to Mendoza? between the litigants as punong barangay.

Ruling: No. The advice given by Mendoza on the ISSUES: (1) Whether or not respondent violated rule
procedure to liquidate the GenBank is not the “matter” 6.03 of the code of professional responsibility.
contemplated by Rule 6.03 of the CPR. (2) Whether or not respondent not only engaged
ABA Formal Opinion No. 342 is clear in stressing that the in the unauthorized practice of law but also violated civil
“drafting, enforcing or interpreting government or service rules which is a breach of Rule 1.01 of the Code
agency procedures, regulations or laws, or briefing of Professional Responsibility.
abstract principles of law” are acts which do not fall
within the scope of the term “matter” and cannot HELD: (1) Respondent cannot be found liable for
disqualify. violation of Rule 6.03 of the Code of Professional
However, this concern does not cast shadow in the case Responsibility. As worded, that Rule applies only to a
at bar. The act of Mendoza in informing the Central lawyer who has left government service and in
connection with any matter in which he intervened the other heirs, on the other, which delayed the
while in said service. Respondent was an proceedings, centered mainly on the P250,000.00 cash
incumbent punong barangay at the time he committed and the shares of stocks.
the act complained of. Therefore, he was not covered by
that provision ISSUE: Whether or not the act of the respondent
(2) Section 12, Rule XVIII of the Revised Civil Service violates his lawyer’s oath.
Rules provides that no officer or employee shall engage
directly in any profession without a written permission HELD: Indeed, a lawyer may be disbarred or
suspended for any misconduct showing any fault or
from the head of the Department. The failure of
deficiency in his moral character, honesty, probity or
respondent to comply with Section 12, Rule XVIII of the good demeanor. His guilt, however, cannot be
Revised Civil Service Rules constitutes a violation of his presumed. It must indicate the dubious character of the
oath as a lawyer: to obey the laws. In acting as counsel acts done, as well as the motivation thereof.
for a party without first securing the required written Furthermore, a disbarred lawyer must have been given
permission, respondent not only engaged in the full opportunity upon reasonable notice to answer the
unauthorized practice of law but also violated civil charges against him, produce witnesses in his own
behalf, and to be heard by himself and counsel.
service rules which are a breach of Rule 1.01 of the Code
Atty. Occeña gravely violated his oath of office in his
of Professional Responsibility: handling of Special Proceedings No. 423. The facts of the
case succinctly show that through his atrocious
29. Lawyers authorized to represent the government.
maneuvers, he successfully delayed the disposition of
the case for the last thirty-eight (38) years, causing
Solicitor General (Sol Gen) for the National Government,
untold hurt and prejudice, not only to the heirs, but also
and any person appointed to appear for the government
to Judges Ruiz and Beldia who heard the case. For
of the Philippines in accordance with law (RRC, Rule 138,
respondent's part and that of his wife, such prolonged
Sec. 33).
litigation obviously benefited them.
The practice of law is a sacred and noble profession. It is
30. Importance of the lawyer’s oath
a special privilege bestowed only upon those who are
Olbes v. Deciembre,
competent intellectually, academically and morally. A
A.C. No. 5365,
lawyer must at all times conduct himself, especially in
Apr. 27, 2005
his dealings with his clients and the public at large, with
honesty and integrity in a manner beyond reproach. He
Doctine: By taking the lawyer’s oath, a lawyer becomes
must faithfully perform his duties to society, to the bar,
the guardian of truth and the rule of law and an
to the courts and to his clients. A violation of the high
indispensable instrument in the fair and impartial
standards of the legal profession subjects the lawyer to
administration of justice. Good moral character
administrative sanctions by this Court which includes
includes, at least, common honesty. Deception and
suspension and disbarment. It is a time-honored rule
other fraudulent acts are not merely unacceptable
that good moral character is not only a condition
practices that are disgraceful and dishonorable; they
precedent to admission to the practice of law. Its
reveal a basic moral flaw.
continued possession is also essential for remaining in
the legal profession.
Re: Administrative Case no. 44 of Atty. Samuel C.
Occeña.
RE: Petition of Al Argosino to take the Lawyer's Oath
AC no. 2841
B.M. No. 712
July 3 2002
March 19, 1997
FACTS: This administrative case stemmed from the
FACTS: Petitioner Al Caparros Argosino passed the bar
settlement of the estate of testator William C. Ogan
examinations held in 1993. The Court however deferred
which has since been pending in the Court of First
his oath-taking due to his previous conviction for
Instance (CFI). Atty. Samuel C. Occeña caused the delay
Reckless Imprudence Resulting in Homicide. The
by disobeying lawful court orders and by willfully
criminal case which resulted in petitioner's conviction,
prolonging the litigation through his various maneuvers,
arose from the death of a neophyte during fraternity
in gross violation of his oath as a lawyer that he will not
initiation rites sometime in September 1991. Petitioner
willingly sue any groundless, false, or unlawful suit, or
and seven (7) other accused initially entered pleas of not
delay any man's cause for money or malice. The
guilty to homicide charges. The eight (8) accused later
deceased left no debt. Thus, the settlement of the
withdrew their initial pleas and upon re-arraignment all
estate should have been simple and speedy. However,
pleaded guilty to reckless imprudence resulting in
since the death of the testator on February 1, 1963, the
homicide. Petitioner filed before this Court a petition to
settlement of his estate has not yet been terminated
be allowed to take the lawyer's oath based on the order
owing largely to the dilatory tactics of Atty. Occeña. The
of his discharge from probation.
dispute between the executrix, on the one hand, and
HELD: The practice of law is a privilege granted only to The nature of the office of an attorney requires that a
those who possess the strict intellectual and moral lawyer shall be a person of good moral character. Since
qualifications required of lawyers who are instruments this qualification is a condition precedent to a license to
in the effective and efficient administration of justice. It enter upon the practice of law, the maintenance thereof
is the sworn duty of this Court not only to "weed out" is equally essential during the continuance of the
lawyers who have become a disgrace to the noble practice and the exercise of the privilege. Gross
profession of the law but, also of equal importance, to misconduct which puts the lawyers moral character in
prevent "misfits" from taking the lawyer' s oath, thereby serious doubt may render her unfit to continue in the
further tarnishing the public image of lawyers which in practice of law.
recent years has undoubtedly become less than
irreproachable. 31. Four-fold duty of a lawyer
The Court is persuaded that Mr. Argosino has exerted all
efforts to atone for the death of Raul Camaligan. We are 1. Public/Society – He must not undertake any action
prepared to give him the benefit of the doubt, taking which violates his responsibility to the society as a
judicial notice of the general tendency of youth to be whole, he must be an example in the community for his
rash, temerarious and uncalculating. We stress to Mr. uprightness as a member of the society. The lawyer must
Argosino that the lawyer's oath is NOT a mere ceremony be ready to render legal aid, foster legal reforms, be
or formality for practicing law. Every lawyer should at guardian of due process, and aware of his special role in
ALL TIMES weigh his actions according to the sworn the solution of special problems and be always ready to
promises he makes when taking the lawyer's oath. If all lend assistance in the study and solution of social
lawyers conducted themselves strictly according to the problems (CPR, Canon 1-6).
lawyer's oath and the Code of Professional 2. Bar/Legal Profession – Observe candor, fairness,
Responsibility, the administration of justice will courtesy and truthfulness in his conduct towards other
undoubtedly be faster, fairer and easier for everyone lawyers, avoid encroachment in the business of other
concerned. lawyers and uphold the honor of the profession (CPR,
Grande vs. Atty. Avangeline De Silva Canon 7-9).
A.C. No. 4838, 3. Courts – A lawyer must maintain towards the court a
July 29, 2003 respectful attitude, defend against unjust criticisms,
FACTS: Petitioner filed an administrative complaint for uphold the court’s authority and dignity, obey court
disbarment against the respondent for deceit and orders and processes, assists in the administration of
violation of the Lawyers Oath. The respondent issued a justice (CPR, Canon 10-13).
bouncing check to Grande as a payment provided 4. Clients – The lawyer owes entire devotion to the
Grande will withdraw his civil case he filed against the interest of his client, warm and zeal in the maintenance
respondent’s client. He accepted the check because De of the defense of his rights and exertion of utmost
Silva assured him that it will be paid upon its learning ability to the end that nothing be taken or
presentment to her drawee bank. When Grande withheld from his client except in accordance with law.
deposited the check, it was returned unpaid by the He owes a duty of competent and zealous
drawee bank because the account is closed. representation to the client, and should preserve his
client’s secrets, preserve his funds and property and
ISSUE: WON the respondent violated the Lawyer’s avoid conflicts of interest (CPR, Canon 14- 22).
Oath
HELD: Yes. It is clear that the breach of trust committed
by respondent in issuing a bouncing check amounted to CODE OF PROFESSIONAL RESPONSIBILITY
deceit and constituted a violation of her oath, for which (Promulgated June 21, 1988)
she should be accordingly penalized. Such an act
constitutes gross misconduct and the penalties for such 32 CHAPTER I. THE LAWYER AND SOCIETY
malfeasance is prescribed by Rule 138, Section 27of the CANON 1 - A LAWYER SHALL UPHOLD THE
Rules of Court, to wit: CONSTITUTION, OBEY THE LAWS OF THE LAND AND
SEC. 27. Disbarment and suspension of attorneys by PROMOTE RESPECT FOR LAW OF AND LEGAL
Supreme Court, grounds therefore. A member of the bar PROCESSES.
may be disbarred or suspended from his office as Rule 1.01 - A lawyer shall not engage in unlawful,
attorney by the Supreme Court for any deceit, dishonest, immoral or deceitful conduct.
malpractice or other gross misconduct in such office, Rule 1.02 - A lawyer shall not counsel or abet activities
grossly immoral conduct or by reason of his conviction aimed at defiance of the law or at lessening confidence
of a crime involving moral turpitude, or for any violation in the legal system.
of the oath which he is required to take before the
admission to practice, or for a willful disobedience Rule 1.03 - A lawyer shall not, for any corrupt motive or
appearing as attorney for a party without authority to interest, encourage any suit or proceeding or delay any
do so. man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
end or settle a controversy if it will admit of a fair GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
settlement. TASKS.
Rule 6.01 - The primary duty of a lawyer engaged in
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES public prosecution is not to convict but to see that
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER justice is done. The suppression of facts or the
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY concealment of witnesses capable of establishing the
AND EFFECTIVENESS OF THE PROFESSION. innocence of the accused is highly reprehensible and is
Rule 2.01 - A lawyer shall not reject, except for valid cause for disciplinary action.
reasons, the cause of the defenseless or the oppressed. Rule 6.02 - A lawyer in the government service shall not
Rule 2.02 - In such cases, even if the lawyer does not use his public position to promote or advance his private
accept a case, he shall not refuse to render legal advice interests, nor allow the latter to interfere with his public
to the person concerned if only to the extent necessary duties.
to safeguard the latter's rights. Rule 6.03 - A lawyer shall not, after leaving government
service, accept engagement or employment in
Rule 2.03 - A lawyer shall not do or permit to be done connection with any matter in which he had intervened
any act designed primarily to solicit legal business. while in said service.

Rule 2.04 - A lawyer shall not charge rates lower than 33. CHAPTER II. THE LAWYER AND THE LEGAL
those customarily prescribed unless the circumstances PROFESSION
so warrant. CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR,
DIGNIFIED AND OBJECTIVE INFORMATION OR Rule 7.01 - A lawyer shall be answerable for knowingly
STATEMENT OF FACTS. making a false statement or suppressing a material fact
Rule 3.01 - A lawyer shall not use or permit the use of in connection with his application for admission to the
any false, fraudulent, misleading, deceptive, undignified, bar.
self-laudatory or unfair statement or claim regarding his Rule 7.02 - A lawyer shall not support the application for
qualifications or legal services. admission to the bar of any person known by him to be
Rule 3.02 - In the choice of a firm name, no false, unqualified in respect to character, education, or other
misleading or assumed name shall be used. The relevant attribute.
continued use of the name of a deceased partner is Rule 7.03 - A lawyer shall not engage in conduct that
permissible provided that the firm indicates in all its adversely reflects on his fitness to practice law, nor shall
communications that said partner is deceased. he whether in public or private life, behave in a
scandalous manner to the discredit of the legal
Rule 3.03 - Where a partner accepts public office, he profession.
shall withdrawal from the firm and his name shall be CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH
dropped from the firm name unless the law allows him COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
to practice law currently. PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL.
Rule 3.04 - A lawyer shall not pay or give anything of Rule 8.01 - A lawyer shall not, in his professional
value to representatives of the mass media in dealings, use language which is abusive, offensive or
anticipation of, or in return for, publicity to attract legal otherwise improper.
business. Rule 8.02 - A lawyer shall not, directly or indirectly,
encroach upon the professional employment of another
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE lawyer, however, it is the right of any lawyer, without
DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR fear or favor, to give proper advice and assistance to
SUPPORTING EFFORTS IN LAW REFORM AND IN THE those seeking relief against unfaithful or neglectful
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. counsel.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE
EDUCATION PROGRAMS, SUPPORT EFFORTS TO OF LAW.
ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL Rule 9.01 - A lawyer shall not delegate to any
AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND unqualified person the performance of any task which
ASSIST IN DISSEMINATING THE LAW AND by law may only be performed by a member of the bar
JURISPRUDENCE. 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:
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND
(a) Where there is a pre-existing agreement with a CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
partner or associate that, upon the latter's death, EFFICIENT ADMINISTRATION OF JUSTICE.
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 Rule 12.01 - A lawyer shall not appear for trial unless he
legal business of a deceased lawyer; or has adequately prepared himself on the law and the
facts of his case, the evidence he will adduce and the
(c) Where a lawyer or law firm includes non-lawyer order of its proferrence. He should also be ready with
employees in a retirement plan even if the plan is based the original documents for comparison with the copies.
in whole or in part, on a profit sharing agreement. Rule 12.02 - A lawyer shall not file multiple actions
arising from the same cause.

34. CHAPTER III. THE LAWYER AND THE COURTS Rule 12.03 - A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda or
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND briefs, let the period lapse without submitting the same
GOOD FAITH TO THE COURT. or offering an explanation for his failure to do so.

Rule 12.04 - A lawyer shall not unduly delay a case,


Rule 10.01 - A lawyer shall not do any falsehood, nor impede the execution of a judgment or misuse Court
consent to the doing of any in Court; nor shall he processes.
mislead, or allow the Court to be misled by any artifice.
Rule 10.02 - A lawyer shall not knowingly misquote or Rule 12.05 - A lawyer shall refrain from talking to his
misrepresent the contents of a paper, the language or witness during a break or recess in the trial, while the
the argument of opposing counsel, or the text of a witness is still under examination.
decision or authority, or knowingly cite as law a
provision already rendered inoperative by repeal or Rule 12.06 - A lawyer shall not knowingly assist a
amendment, or assert as a fact that which has not been witness to misrepresent himself or to impersonate
proved. another.

Rule 10.03 - A lawyer shall observe the rules of Rule 12.07 - A lawyer shall not abuse, browbeat or
procedure and shall not misuse them to defeat the ends harass a witness nor needlessly inconvenience him.
of justice.
Rule 12.08 - A lawyer shall avoid testifying in behalf of
his client, except:
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN
THE RESPECT DUE TO THE COURTS AND TO JUDICIAL (a) on formal matters, such as the mailing,
OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT authentication or custody of an instrument, and the like;
BY OTHERS. or
(b) on substantial matters, in cases where his testimony
is essential to the ends of justice, in which event he
Rule 11.01 - A lawyer shall appear in court properly must, during his testimony, entrust the trial of the case
attired. to another counsel.
Rule 11.02 - A lawyer shall punctually appear at court
hearings.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS
Rule 11.03 - A lawyer shall abstain from scandalous, OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY
offensive or menacing language or behavior before the WHICH TENDS TO INFLUENCE, OR GIVES THE
Courts. APPEARANCE OF INFLUENCING THE COURT.

Rule 11.04 - A lawyer shall not attribute to a Judge


motives not supported by the record or have no Rule 13.01 - A lawyer shall not extend extraordinary
materiality to the case. attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
Rule 11.05 - A lawyer shall submit grievances against a Rule 13.02 - A lawyer shall not make public statements
Judge to the proper authorities only. in the media regarding a pending case tending to arouse
public opinion for or against a party.

Rule 13.03 - A lawyer shall not brook or invite


interference by another branch or agency of the
government in the normal course of judicial Rule 15.06. - A lawyer shall not state or imply that he is
proceedings. able to influence any public official, tribunal or
legislative body.

35. CHAPTER IV. THE LAWYER AND THE CLIENT Rule 15.07. - A lawyer shall impress upon his client
compliance with the laws and the principles of fairness.
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES
TO THE NEEDY. Rule 15.08. - 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
Rule 14.01 - A lawyer shall not decline to represent a as a lawyer or in another capacity.
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. CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL
Rule 14.02 - A lawyer shall not decline, except for MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
serious and sufficient cause, an appointment as counsel COME INTO HIS PROFESSION.
de officio 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. Rule 16.01 - A lawyer shall account for all money or
property collected or received for or from the client.
Rule 14.03 - A lawyer may not refuse to accept Rule 16.02 - A lawyer shall keep the funds of each client
representation of an indigent client if: separate and apart from his own and those of others
kept by him.
(a) he is not in a position to carry out the work
effectively or competently; Rule 16.03 - A lawyer shall deliver the funds and
(b) he labors under a conflict of interest between him property of his client when due or upon demand.
and the prospective client or between a present client However, he shall have a lien over the funds and may
and the prospective client. apply so much thereof as may be necessary to satisfy his
lawful fees and disbursements, giving notice promptly
Rule 14.04 - A lawyer who accepts the cause of a person thereafter to his client. He shall also have a lien to the
unable to pay his professional fees shall observe the same extent on all judgments and executions he has
same standard of conduct governing his relations with secured for his client as provided for in the Rules of
paying clients. Court.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, Rule 16.04 - A lawyer shall not borrow money from his
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND client unless the client's interest are fully protected by
TRANSACTIONS WITH HIS CLIENTS. the nature of the case or by independent advice.
Neither shall a lawyer lend money to a client except,
Rule 15.01. - A lawyer, in conferring with a prospective when in the interest of justice, he has to advance
client, shall ascertain as soon as practicable whether the necessary expenses in a legal matter he is handling for
matter would involve a conflict with another client or his the client.
own interest, and if so, shall forthwith inform the
prospective client. CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE
Rule 15.02.- A lawyer shall be bound by the rule on OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
privilege communication in respect of matters disclosed TRUST AND CONFIDENCE REPOSED IN HIM.
to him by a prospective client.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
Rule 15.03. - A lawyer shall not represent conflicting COMPETENCE AND DILIGENCE.
interests except by written consent of all concerned Rules 18.01 - A lawyer shall not undertake a legal
given after a full disclosure of the facts. service which he knows or should know that he is not
qualified to render. However, he may render such
Rule 15.04. - A lawyer may, with the written consent of service if, with the consent of his client, he can obtain as
all concerned, act as mediator, conciliator or arbitrator collaborating counsel a lawyer who is competent on the
in settling disputes. matter.
Rule 18.02 - A lawyer shall not handle any legal matter
Rule 15.05. - A lawyer when advising his client, shall give without adequate preparation.
a candid and honest opinion on the merits and probable
results of the client's case, neither overstating nor Rule 18.03 - A lawyer shall not neglect a legal matter
understating the prospects of the case. entrusted to him, and his negligence in connection
therewith shall render him liable.
(a) When authorized by the client after acquainting him
Rule 18.04 - A lawyer shall keep the client informed of of the consequences of the disclosure;
the status of his case and shall respond within a (b) When required by law;
reasonable time to the client's request for information. (c) When necessary to collect his fees or to defend
himself, his employees or associates or by judicial
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT action.
WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
Rule 19.01 - A lawyer shall employ only fair and honest Rule 21.02 - A lawyer shall not, to the disadvantage of
means to attain the lawful objectives of his client and his client, use information acquired in the course of
shall not present, participate in presenting or threaten employment, nor shall he use the same to his own
to present unfounded criminal charges to obtain an advantage or that of a third person, unless the client
improper advantage in any case or proceeding. with full knowledge of the circumstances consents
Rule 19.02 - A lawyer who has received information that thereto.
his client has, in the course of the representation, Rule 21.03 - A lawyer shall not, without the written
perpetrated a fraud upon a person or tribunal, shall consent of his client, give information from his files to
promptly call upon the client to rectify the same, and an outside agency seeking such information for auditing,
failing which he shall terminate the relationship with statistical, bookkeeping, accounting, data processing, or
such client in accordance with the Rules of Court. any similar purpose.
Rule 19.03 - A lawyer shall not allow his client to dictate Rule 21.04 - A lawyer may disclose the affairs of a client
the procedure in handling the case. of the firm to partners or associates thereof unless
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND prohibited by the client.
REASONABLE FEES. Rule 21.05 - A lawyer shall adopt such measures as may
Rule 20.01 - A lawyer shall be guided by the following be required to prevent those whose services are utilized
factors in determining his fees: by him, from disclosing or using confidences or secrets
(a) the time spent and the extent of the service of the clients.
rendered or required; Rule 21.06 - A lawyer shall avoid indiscreet conversation
(b) the novelty and difficulty of the questions involved; about a client's affairs even with members of his family.
(c) The importance of the subject matter; Rule 21.07 - A lawyer shall not reveal that he has been
(d) The skill demanded; consulted about a particular case except to avoid
(e) The probability of losing other employment as a possible conflict of interest.
result of acceptance of the proffered case; CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES
(f) The customary charges for similar services and the ONLY FOR GOOD CAUSE AND UPON NOTICE
schedule of fees of the IBP chapter to which he belongs; APPROPRIATE IN THE CIRCUMSTANCES.
(g) The amount involved in the controversy and the Rule 22.01 - A lawyer may withdraw his services in any
benefits resulting to the client from the service; of the following case:
(h) The contingency or certainty of compensation; (a) When the client pursues an illegal or immoral course
(i) The character of the employment, whether of conduct in connection with the matter he is handling;
occasional or established; and (b) When the client insists that the lawyer pursue
(j) The professional standing of the lawyer. conduct violative of these canons and rules;
Rule 20.02 - A lawyer shall, in case of referral, with the (c) When his inability to work with co-counsel will not
consent of the client, be entitled to a division of fees in promote the best interest of the client;
proportion to the work performed and responsibility (d) When the mental or physical condition of the
assumed. lawyer renders it difficult for him to carry out the
Rule 20.03 - A lawyer shall not, without the full employment effectively;
knowledge and consent of the client, accept any fee, (e) When the client deliberately fails to pay the fees for
reward, costs, commission, interest, rebate or the services or fails to comply with the retainer
forwarding allowance or other compensation agreement;
whatsoever related to his professional employment (f) When the lawyer is elected or appointed to public
from anyone other than the client. office; and
Rule 20.04 - A lawyer shall avoid controversies with (g) Other similar cases.
clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice or Rule 22.02 - A lawyer who withdraws or is discharged
fraud. shall, subject to a retainer lien, immediately turn over all
papers and property to which the client is entitled, and
shall cooperative with his successor in the orderly
CANON 21 - A LAWYER SHALL PRESERVE THE transfer of the matter, including all information
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER necessary for the proper handling of the matter.
THE ATTORNEY-CLIENT RELATION IS TERMINATED.
Rule 21.01 - A lawyer shall not reveal the confidences
or secrets of his client except;