CODE OF PROFESSIONAL RESPONSIBILITY
(Promulgated June 21, 1988)
CHAPTER I. THE LAWYER AND SOCIETY
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE
LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of
the law or at lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any
suit or proceeding or delay any man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN
AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE
PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed.
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to the extent
necessary to safeguard the latter's rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act designed
primarily to solicit legal business.
Rule 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL
USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or claim
regarding his qualifications or legal services.
Rule 3.02 - 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.
Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the
firm and his name shall be dropped from the firm name unless the law allows
him to practice law currently.
Rule 3.04 - 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.
CANON 4 - 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.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN CONTINUING 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 THE LAW AND
JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.
Rule 6.01 - 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.
Rule 6.02 - 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.
Rule 6.03 - A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had
intervened while in said service.
CASE #1:
RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO
R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO
CARAGUE, in his capacity as Secretary of Budget and Management,
respondents.
FACTS:
 Atty. Christian Monsod was nominated by Pres. Aquino to the position of
Chairman of the COMELEC in a letter received by the Secretariat of the
Commission on Appointments (CoA).
 Renato Cayetano opposed the nomination because allegedly Monsod
does not possess the required qualification of having been engaged in
the practice of law for at least 10 yrs.
 CoA confirmed the nomination. Monsod took his oath and assumed office
thereafter,
 Cayetano thus filed this petition praying that the confirmation be declared
null and void.
ISSUE: WON Monsod can be considered as having been engaged in the
practice of law for at least 10 yrs.
HELD: YES. Petition of Cayetano is dismissed.
 Composition and qualifications of Commissioners in the COMELEC are
given in the ff provisions:
Sec. 1(1), Art. IX-C: There shall be a Commission on Elections
composed of a Chairman and six Commissioners who shall be
natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, holders of a college
degree, and must not have been candidates for any elective
positions in the immediately preceding elections. However, a
majority thereof, including the Chairman, shall be members of the
Philippine Bar who have been engaged in the practice of law for
at least ten years.
 The SC regrets that there seems to be no jurisprudence as to what
constitutes practice of law as a legal qualification to an appointive office.
 But jurisprudence, and other legal sources have defined practice of law in
a rather broad scope.
o In general these sources they state that: The practice of law is not
limited to the conduct of cases in court. It means any activity, in
or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. (Black’s Law
Dictionary, Land Title Abstract and Trust Co. v. Dworken, Philippine
Lawyers Association v. Agrava, U.P. Law Center [dimension of
practice of law are advocacy, counseling and public service], and
Barr v. Cardell)
o The records of the 1986 Con-Com adopted a liberal interpretation of
the term: it does not necessarily refer or involve actual practice of law
as long as lawyers who are employed in the CoA are using their legal
knowledge or legal talent in their respective work within CoA, then
they are qualified to be considered for appointment as members or
commissioners.
o Ironically, the appearance of a lawyer in litigation in behalf of a client is
at once the most publicly familiar role for lawyers as well as an
uncommon role for the average lawyer.
o In several issues of the Business Star are emerging trends in
corporate law practice, a departure from the traditional concept of
practice of law. The corporate lawyer now has to be a stakeholder,
involved in decision-making within the corporation, adept in legal
managerial capabilities vis-à-vis the managerial mettle of corporations
to address a crisis situation, skilled in new programming techniques
that make the systems dynamics principles more accessible to
manager—including corporate counsels, skilled in decision analysis—
which can be used to appraise the settlement value of litigation, and
more knowledgeable of financial law affecting each aspect of their
work.
 Atty. Monsod, on the other hand is:
o A UP graduate and member of the Philippine bar and has been a
dues paying member of the IBP.
o He has also been paying his professional license fees as lawyer
for more than 10 yrs
o He worked in his fathers law office then worked as an operations
officer in the World Bank Group for about 2 yrs in Costa Rica and
Panama, which involved getting acquainted with the laws of the
member-countries, negotiating loans and coordinating legal,
economic and project work of the Bank
o He returned to the Philippines and worked with the Meralco
Group, served as chief executive officer of an investment bank
and subsequently of a business conglomerate, and since
1986, has render services to various companies as a legal and
economic consultant or chief executive officer.
o As former Secretary-General (1896) and National Chairman
(1987) of NAMFREL, Monsod’s work involved being
 knowledgeable in election law. He appeared for NAMFREL in
its accreditation hearings before the COMELEC.
o In the field of advocacy, Monsod, in his personal capacity and
as former Co-Chiarman of the Bishops Businessmen’s
Conference for Human Dev’t, has worked with the under
privileged sectors in initiating, lobbying for and engaging in
affirmative action for the agrarian reform law and lately the
urban land reform bill.
o He also made use of his legal knowledge as member of the
Davide Commission and as a member of the Con-Com and
Chairman of is Committee on Accountability of Public Officers.
 Interpreted in the light of the various definitions of the term “practice of
law”, particularly the modern concept of law practice, and taking into
consideration the liberal construction intended by the framers of the
Constitution, Atty. Monsod’s past work experiences as a lawyer-
economist, a lawyer-manager, a lawyer-entrepreneur of industry, a
lawyer negotiator of contracts, and a lawyer-legislator of both rich
and the poor—verily more than satisfy the constitutional
requirement—that he has been engaged in the practice of law for at
least 10 years.
CASE #2:
PHILIPPINE LAWYER'S ASSOCIATION, petitioner, vs. CELEDONIO
AGRAVA, in his capacity as Director of the Philippines Patent Office,
respondent.
FACTS:
 Director Celedonio Agrava issued a circular announcing that he had
scheduled for an examination for the purpose of determining who are
qualified to practice as patent attorneys before the Philippines Patent
Office, the said examination to cover patent law and jurisprudence and
the rules of practice before said office.
 According to the circular, members of the Philippine Bar, engineers and
other persons with sufficient scientific and technical training are qualified
to take the said examination.
 The PLA alleged that having those who passed the Bar take the said
exam is in excess of his jurisdiction and is in violation of the law.
 Director stated that the prosecution of patent cases "does not involve
entirely or purely the practice of law but includes the application of
scientific and technical knowledge and training, so much so that, as a
matter of actual practice, the prosecution of patent cases may be handled
not only by lawyers, but also engineers and other persons with sufficient
scientific and technical training who pass the prescribed examinations as
given by the Patent Office;
ISSUE: WON the appearance before the Patent Office and the preparation and
the prosecution of patent applications, etc., constitutes or is included in the
practice of law.
HELD: No. Members of the Philippine Bar, and in good standing, may practice
their profession before the Patent Office,
 The practice of law is not limited to the conduct of cases or litigation in
court; it embraces the preparation of pleadings and other papers incident
to actions and social proceedings, the management of such actions and
proceedings on behalf of clients before judges and courts, and in
addition, conveying.
 Practice of law under modern conditions consists in no small part of
work performed outside of any court and having no immediate
relation to proceedings in court. It embraces conveyancing, the giving
of legal advice on a large variety of subjects, and the preparation and
execution of legal instruments covering an extensive field of business and
trust relations and other affairs. Although these transactions may have no
direct connection with court proceedings, they are always subject to
become involved in litigation. They require in many aspects a high degree
of legal skill, a wide experience with men and affairs, and great capacity
for adaptation to difficult and complex situations. These customary
functions of an attorney or counselor at law bear an intimate relation to
the administration of justice by the courts.
 The practice of law includes such appearance before the Patent Office,
the representation of applicants, oppositors, and other persons, and the
prosecution of their applications for patent, their oppositions thereto, or
the enforcement of their rights in patent cases.
 It is reasonable to hold that a member of the bar, because of his legal
knowledge and training, should be allowed to practice before the Patent
Office, without further examination or other qualification.
 In conclusion, we hold that under the present law, members of the
Philippine Bar authorized by this Tribunal to practice law, and in good
standing, may practice their profession before the Patent Office, for the
reason that much of the business in said office involves the interpretation
and determination of the scope and application of the Patent Law and
other laws applicable, as well as the presentation of evidence to establish
facts involved; that part of the functions of the Patent director are judicial
or quasi-judicial, so much so that appeals from his orders and decisions
are, under the law, taken to the Supreme Court.
CASE #3:
B.M. No. 712 July 13, 1995
IN THE MATTER OF THE ADMISSION TO THE BAR AND OATH-TAKING
OF SUCCESSFUL BAR APPLICANT AL C. ARGOSINO
FACTS:
 Petitioner along with 13 other individuals were charged with the crime of
homicide in connection with the death of Raul Camaligan.
 Raul Camaligan died through severe physical injuries inflicted upon him
in a hazing activity.
 Petitioner and his co-accused pleaded guilty to the lesser offense of
homicide through reckless imprudence which was accepted by the trial
court.
 Then they filed for probation with the lower court and was granted.
 Less than a month later, petitioner filed a petition to take the Bar
examinations. He disclosed in his petition the fact of his criminal
conviction and his probation status. He was allowed to take the bar.
 He passed the Bar exam but was not allowed to take the lawyer’s oath of
office.
 Petitioner filed a petition to allow him to take the lawyer’s oath and to be
admitted to the practice of law.
ISSUE: WON petitioner can take the lawyer’s oath and be admitted to the
practice of law.
HELD: Yes, but he must prove that he is a different person now.
 The practice of law is not a natural, absolute or constitutional right to be
granted to everyone who demands it. Rather, it is a high personal
privilege limited to citizens of good moral character, with special
educational qualifications, duly ascertained and certified. 2
 Mr. Argosino's participation in the deplorable "hazing" activities certainly
fell far short of the required standard of good moral character.
 Participation in the prolonged and mindless physical beatings inflicted
upon Raul Camaligan constituted evident rejection of that moral duty and
was totally irresponsible behavior, which makes impossible a finding that
the participant was then possessed of good moral character.
 We stress that good moral character is a requirement possession of
which must be demonstrated not only at the time of application for
permission to take the bar examinations but also, and more importantly,
at the time of application for admission to the bar and to take the
attorney's oath of office.
 Petitioner must show evidence such as sworn certifications from
responsible members of the community who have a good reputation,
show to the Court how he has tried to make up for the senseless killing,
and submit relevant evidence to show that he is a different person now.
CASE #4:
B.M. No. 712 March 19, 1997
RE: PETITION OF AL ARGOSINO TO TAKE THE LAWYERS OATH
FACTS:
 Petitioner Al Caparros Argosino passed the bar examinations held in
1993. The Court however deferred his oath-taking due to his previous
conviction for Reckless Imprudence Resulting In Homicide.
 The Court through then Senior Associate Justice Florentino P. Feliciano
issued a resolution requiring petitioner Al C. Argosino to submit to the
Court evidence that he may now be regarded as complying with the
requirement of good moral character imposed upon those seeking
admission to the bar.
 In compliance with the above resolution, petitioner submitted no less than
fifteen (15) certifications/letters executed by among others two (2)
senators, five (5) trial court judges, and six (6) members of religious
orders.
 Petitioner likewise submitted evidence that a scholarship foundation had
been established in honor of Raul Camaligan, the hazing victim, through
joint efforts of the latter's family and the eight (8) accused in the criminal
case.
ISSUE: WON petitioner can take the lawyer’s oath.
HELD: Yes. Petitioner is ALLOWED to take the lawyer's oath on a date to be
set by the Court, to sign the Roll of Attorneys and, thereafter, to practice the
legal profession.
 The practice of law is a privilege granted only to those who possess the
strict intellectual and moral qualifications required of lawyers who are
instruments in the effective and efficient administration of justice.
 In allowing Mr. Argosino to take the lawyer's oath, the Court recognizes
that Mr. Argosino is not inherently of bad moral fiber. On the contrary, the
various certifications show that he is a devout Catholic with a genuine
concern for civic duties and public service.
 We stress to Mr. Argosino that the lawyer's oath is NOT a mere ceremony
or formality for practicing law. Every lawyer should at ALL TIMES weigh
his actions according to the sworn promises he makes when taking the
lawyer's oath. If all lawyers conducted themselves strictly according to the
lawyer's oath and the Code of Professional Responsibility, the
administration of justice will undoubtedly be faster, fairer and easier for
everyone concerned.
CASE #5:
A.M. No. 93-7-696-0 February 21, 1995
In Re JOAQUIN T. BORROMEO, Ex Rel. Cebu City Chapter of the
Integrated Bar of the Philippines.
CASE #6:
CBD Case No. 176 January 20, 1995
SALLY D. BONGALONTA vs. ATTY. PABLITO M. CASTILLO and ALFONSO
M. MARTIJA
FACTS:
 Complainant Sally Bongalonta charged Pablito M. Castillo and Alfonso M.
Martija, members of the Philippine Bar, with unjust and unethical conduct,
to wit: representing conflicting interests and abetting a scheme to
frustrate the execution or satisfaction of a judgment which complainant
might obtain.
 It is further alleged that in all the pleadings filed in the three (3)
aforementioned cases, Atty. Pablito Castillo and Atty. Alfonso Martija
placed the same address, the same PTR and the same IBP receipt
number.
ISSUE: WON respondents violated the lawyer’s oath by representing
conflicting interests and abetting a scheme to frustrate the execution or
satisfaction of a judgment which complainant might obtain.
HELD: No. The charge against the two respondents (i.e. representing
conflicting interests and abetting a scheme to frustrate the execution or
satisfaction of a judgment which Bongalonta and her husband might obtain
against the Abuel spouses) has no leg to stand on.
 However, as to the fact that indeed the two respondents placed in their
appearances and in their pleadings the same IBP No. "246722 dated
1-12-88", respondent Atty. Pablito M. Castillo deserves to be
SUSPENDED for using, apparently thru his negligence, the IBP official
receipt number of respondent Atty. Alfonso M. Martija
 It is the bounded duty and obligation of every lawyer to see to it that he
pays his IBP membership dues on time, especially when he practices
before the courts, as required by the Supreme Court.
 The practice of law is not a right but a privilege bestowed by the State on
those who show that they possess, and continue to possess, the
qualifications required by law for the conferment of such privilege.
 Atty. Castillo is guilty committing a falsehood in violation of his lawyer’s
oath and the CPR. He is suspended from the practice of law for a period
of 6 months with a warning that commission of the same or similar
offense in the future will result in the imposition of a more severe penalty.
CASE #7:
MAURICIO C. ULEP, petitioner, vs. THE LEGAL CLINIC, INC., respondent.
FACTS:
 The Legal Clinic Inc. is a company w/c claims to provide legal support
services w/c consist of giving ready info by trained paralegals to laymen &
lawyers. Its advices are non-diagnostic & non-advisory. It makes use of
computers & modern information technology in research & data
gathering, encoding & reproduction of documents & pleadings. It assists
laymen in obtaining birth, marriage registrations, info about laws of other
countries like foreign divorce & other matters that don’t involve
representation of clients in court.
 The Legal Clinic’s proprietor, Atty. Nogales, provided info re the
company’s structure, purpose & operations in an article entitled “Rx for
Legal Problems,” published in the Jan. 13, 1991 issue of Starweek
(Philippine Star’s Sunday magazine). In the article Nogales claimed that
their company can take care of any problem even if it’s as complicated as
the Sharon-Gabby domestic situation. He further claimed that they cater
to clients who can’t afford the services of big law firms. They analyze a
client’s problem then they refer it to one of their specialists. Nogales & his
staff of lawyers are specialists in various fields of law. Easier cases are
disposed of on a while you wait basis while more complicated ones are
dealt w/accordingly.
 Petitioner, a lawyer who claims to be ashamed & offended by the acts of
respondents w/c he characterized as champertous, unethical &
demeaning of the law profession, prays that the Court order:
1. Respondent to cease & desist from issuing advertisements similar
to the following: promotion of secret marriage, distribution of books
re Guam divorce and aid in the following services: annulment,
immigration problems, visa applications, declaration of absence,
remarriage, adoption, etc.
2. Persons or entities be prohibited from making ads re the exercise of
the law profession other than those allowed by law.
 Respondent on the other hand claims that he’s not engaged in the
practice of law but only in the rendering of legal support services thru
paralegals. He invokes the US SC’s decision in John R. Bates & Van
O’Steen v. State Bar of Arizona allowing advertisement of legal services.
ISSUE/S:
1) WON respondent’s activities constitute practice of law.
2) WON company is prohibited to engage in the practice of law.
3) WON lawyers should be allowed to advertise their services.
HELD: Atty. Nograles was reprimanded & warned. Repetition of same/similar
acts will be dealt w/more severely.
1) YES. The Legal Clinic’s activities constitute the practice of law.
 Respondents acts of: document search, evidence gathering, assistance
to layman in need of basic institutional services from governmental or
non-governmental agencies like birth, marriage, property or business
registration, obtaining documents like clearance, passports, loc or foreign
visas constitute practice of law.
 3 types of professional activity:
a. legal advice & instructions informing clients of their rights &
 obligations
b. preparation for clients of documents requiring knowledge of
leg principles not possessed by laymen
c. appearance for clients before public tribunals w/c posses
power & authority to determine rts of life, liberty & property
accdg to law
 Company creates an impression that it renders legal services due to the
following: its name, advertisements, respondent’s name appears w/the
scales of justice, ads appear w/a picture & name of person being
represented as a lawyer from Guam.
 Ads are meant to induce performance of acts contrary to law, morals,
public order & policy. It advertises divorce w/c is not allowed in the
country save for Muslim divorces. This is in direct violation of Rule 1.02 of
the Code of Professional Responsibility (CPR). It likewise promotes
secret marriages w/c makes light of the FC’s description of marriage as a
special contract of permanent union and as an inviolable social
institution. It is suggestive of immoral publication of applications for
marriage licenses. The mention of the Sharon-Gabby example connotes
that criminal acts such as bigamous marriage are being encouraged.
 Only natural persons can engage in the practice of law so as to subject
members of the Bar to the discipline of the SC. Even if the respondent
uses its business name, the persons & lawyers acting on its behalf are
subject to court discipline. The practice of law is a personal are not limited
to persons who have qualified themselves under the law. Persons acting
for respondent are engaged in unethical law practice.
Solicitation for clients by an attorney by circulars of advertisement is
unprofessional & offenses of this character justify permanent elimination
from the Bar.

2) YES. The company is prohibited from constituting the practice of law.

 The respondent company, aiming to be a one-stop-shop for various legal
problems, provides services w/c are beyond the domain of paralegals &
are exclusive functions of lawyers engaged in the practice of law. It
should be noted that in our country paralegals are not authorized to
engage in the practice of law. Public policy requires that the practice of
law be ltd to those individuals duly qualified in education & character in
order to protect the public, court, client & bar from the
incompetence/dishonesty of unlicensed practitioners.

3) NO. Lawyers should not be allowed to advertise their services.

 CPR provides that a lawyer’s not supposed to use/permit use of false,
fraudulent, misleading, deceptive, undignified, self-laudatory or
unfair statement or claim re his qualifications/legal services nor
shall he pay/give something of value to mass media representatives
in anticipation of or in return for publicity to attract legal business.
Lawyers should not resort to indirect ads (press releases, etc.). Such is
based on the fundamental postulate that the practice of law is a
profession & not a trade. Adopting practices of mercantilism degrades the
lawyer himself & the profession. The most worthy & effective ad would be
the establishment of a well-merited reputation for professional capacity &
fidelity to trust. This can’t be forced but must be the outcome of the
character & conduct.
 Exceptions:
a. publication in reputable law lists – ltd to lawyer’s name, professional
associates, addresses, tel no., cable addresses, branches of law
practiced, date & place of birth & admission to bar, schools attended
w/dates of graduations, educational degrees, public offices, posts of
honor, leg authorship, leg teaching positions, memberships in bar
associations, leg societies/fraternities, references, clients
represented (w/their consent). It can’t be a supplemental feature of
a paper, magazine, trade journal, periodical published for other
purposes.
b. Use of ordinary simple professional car – ltd to name, law firm,
address, phone no. & special branch of law practiced.
c. Publication of simple announcement re opening of new law firm or
changes in partnership.
d. Telephone directory listing.
 Respondent’s ads don’t fall under any of these exceptions considering
that they even contain fees charged.
 Allowing publication of ads would only aggravate the deteriorating public
opinion of the legal profession whose integrity has consistently been
under attack.