LEGAL ETHICS

Q: What do you understand by Legal Ethics? Discuss its importance and state its sources.

ANS: Legal ethics is that branch of moral science which treats of the duties that an attorney
owes to the court, to his client, to his colleagues, in the profession, and to society. The
sources of legal ethics are the Constitution, the Rules of Court, some particular provisions of
statutes, the Code of Professional Responsibility and Judicial decisions.

Legal ethics is important in order to maintain a high moral standard for the lawyer in
performing his duties as an officer of the court, his duties to his client, to the members of the
legal profession as well as to society. Lawyers wield so much power and influence in society.
Unless their acts are regulated by high norms of ethical conduct they are likely to abuse
them.

A. Practice of Law
1. Concept

2005 BAR: Atty. Yabang was suspended as a member of the Bar for a period of one (1)
year. During the period of suspension, he was permitted by his law firm to continue working
in their office, drafting and preparing pleadings and other legal documents but was not
allowed to come into direct contact with the firms’ clients. Atty. Yabang was subsequently
sued for illegal practice of law. Would the case prosper? Explain. (5%)

ANS: The Supreme Court has defined the practice of law as any activity in or out of
court, which requires the application of law, legal principle, practice or procedure and
calls for legal knowledge, training and experience.1 Based on this definition, the acts of
Atty. Yabang of preparing pleadings and other legal documents would constitute practice
of law. More so, if his activities are for the benefit of his law firm, because the
employment of a law firm is the employment of all the members thereof. The case
against him will prosper.

ALTERNATIVE ANS: The traditional concept of practice of law requires the existence of
a lawyer-client relationship as a requisite. Pursuant to this concept, inasmuch as Atty.
Yabang was not allowed by his law firm to come into direct contact with the firm’s clients
during the period of his suspension, he cannot be considered as having engaged in
illegal practice of law. . The case against him will not prosper.

1995 BAR: Evelyn, Luisa. Myra, Josefina, Pamela and Rose are bona fide members of the
Philippine bar. They agree to form a close corporation to be named LEGALCARE the
principal purpose of which is ―to provide clients legal services, research and advice as well
as trial advocacy for a fee." The services shall be rendered not only by these enterprising

1
Cayetano vs. Monsod, 201 SCRA 210 [1991]
1
pioneers of LEGALCARE but also by lawyers to be employed by the projected corporation
on regular monthly salary basis.

ANS: A corporation cannot engage in the practice of law even by hiring lawyers to
perform legal work. It has been held that only a natural person can engage in the
practice of law. A lawyer is burdened with peculiar duties and responsibilities. A
corporation cannot take an oath of office, be an officer of the court or subjected to court
discipline: it cannot engage in law practice directly, it cannot evade the requirements by
employing competent lawyers to practice for it.2 Hence, LEGALCARE cannot be legally
incorporated because the principal purpose involves the practice of law.

a. Privilege

1995 BAR: Is the practice of law a right or a privilege? Discuss fully.

ANS: The practice of law is basically a privilege because it is limited to persons of good
moral character with special qualifications duly ascertained and certified.3 Thus, only
those persons are allowed to practice law, who by reason of attainments previously
acquired through education and study, have been recognized by the courts as
possessing profound knowledge of legal science. Attorneys are the court’s
constituency—to aid it in the administration of justice.

b. Profession, not business

2005 BAR: Why is law a profession and not a trade?

ANS: Law is a profession and not a trade because its basic ideal is to render public
service and secure justice for those who seek its aid. The gaining of a livelihood is only a
secondary consideration.

1997 BAR: You are the managing partner of a law firm. A new foreign airline company,
recently granted rights by the Civil Aeronautics Board at the NAIA, is scouting for a law firm
which could handle its cases in the Philippines and provide legal services to the company
and its personnel. After discussing with you the extent of the legal services your law firm is
prepared to render, the general manager gives you a letter-proposal from another law firm in
which its time-billing rates and professional fees for various legal services are indicated. You
are asked to submit a similar letter-proposal stating your firm's proposed fees. The airline
company's general manager also tells you that, if your proposed fees would at least be 25
per cent lower than those proposed by the other firm, you will get the company's legal
business. How would you react to the suggestion?

ANS: I will emphasize to the General Manager that the practice of law is a profession
and not a trade. Consequently, I will not propose a lower fee just for the sake of
competing with another firm because such practice smacks of commercialism.
Moreover, Rule 2.04 of the Code of Professional Responsibility provides that a lawyer
shall not charge rates lower than those customarily prescribed unless the circumstances
so warrant. I will charge fees that will be reasonable under the circumstances.

2
Matter of Cooperative Law Co., N.Y. 579
3
5 Am. Jur. 270
2
2013 BAR: As a new lawyer, Attorney Novato started with a practice limited to small
claims cases, legal counseling, and notarization of documents. He put up a solo practice
law office and was assisted by his wife who served as his secretary/helper. He used a
makeshift hut in a vacant lot near the local courts and a local transport regulatory
agency. With this strategic location, he enjoyed heavy patronage assisting walk-in clients
in the preparation and filing of pleadings and in the preparation and notarization of
contracts and documents, and charges a reasonable fee for the service. He draws
electric power from an extension wire connected to an adjoining small restaurant. He put
up a shingle that reads: ―Atty. Novato, Specialist in Small Claims, Fastest in Notarization;
the Best and Cheapest in Copier Services.‖

Is Atty. Novato’s manner of carrying out his professional practice—i.e., mixing business
with the practice of law, announcing his activities via a shingle and locating his office as
above-described—in keeping with appropriate ethical and professional practice?

ANS: No. Atty. Novato’s manner of carrying out his professional practice is not in
keeping with appropriate ethical and professional practice. He has degraded the law
profession, which may result to loss of respect to lawyers as a whole.

The use of a makeshift hut standing alone would create the impression that the lawyer
does not have a permanent address which is required to be stated in all pleadings he
signs as well as required to be shown in documents he notarizes.

His shingle shows that he has considered the law profession as a business. He should
have a separate shingle for his copier services business.

When he included in his shingle the phrases ―Specialist in Small Claims‖ and ―Fastest in
Notarization,‖ he has transgressed the rule that a lawyer in making known his legal
services shall use only dignified information or statement of facts.4 So also the norm that
a lawyer shall not use or permit the use of any misleading, undignified, self-laudatory or
unfair statement or claim regarding his qualifications or legal services.5 The use of the
phrases ―Specialist in Small Claims‖ and ―Fastest in Notarization‖ is misleading
advertisement because they are likely to create an unjustified expectation about the
results the lawyer can achieve or implies that the lawyer can achieve results by improper
means.6

2015 BAR: Cite some of the characteristics of the legal profession which distinguish it
from business.

ANS: The primary characteristics which distinguish the legal profession from a business
are:
1. A duty of public service of which emolument is a byproduct and in which one may
attain the highest eminence without making much money;
2. A relation as officer of the court to the administration of justice involving thorough
sincerity, integrity and reliability;
3. A relation to client in the highest degree fiduciary;

4
Code of Professional Responsibility, Canon 3
5
Ibid., Canon 3, Rule 3.01
6
ABA Model Rule 7.1.b
3
 4. A relation to colleagues characterized by candor, fairness and unwillingness to
resort to current business methods of advertising and encroachment on their, or
dealing directly with their clients.7

2. Qualifications

2004 BAR: Upon learning from newspaper reports that bar candidate Vic Pugote passed the
bar examinations. Miss Adorable immediately lodged a complaint with the Supreme Court,
praying that Vic Pugote be disallowed from taking the oath as a member of the Philippine
Bar because he was maintaining illicit sexual relations with several women other than his
lawfully wedded spouse. However, from unexplained reasons, he succeeded to take his oath
as a lawyer. Later, when confronted with Miss Adorable’s complaint formally, Pugote moved
for its dismissal on the ground that it is already moot and academic.

Should Miss Adorable’s complaint be dismissed or not? Explain briefly.

ANS: It should not be dismissed. Her charge involves a matter of good moral character
which is not only a requisite for admission to the Bar, but also a continuing condition for
remaining a member of the Bar. As such, the admission of Vic Pugote to the Bar does
not render the question moot and academic.

2013 BAR: Miguel Jactar, a fourth year law student, drove his vehicle recklessly and hit the
rear bumper of Simplicio Medroso’s vehicle. Instead of stopping, Jactar accelerated and
sped away. Medroso pursued Jactar and caught up with him at an intersection. In their
confrontation, Jactar dared Medroso to sue, bragged about his connections with the courts,
and even uttered veiled threats against Medroso. During the police investigation that
followed, Medroso learned that Jactar was reviewing for the Bar examinations. Under these
facts, list and justify the potential objections that can be made against Jactar’s admission to
the practice of law.

ANS: The potential objection that can be made against Jactar’s admission to the
practice of law is the absence of good moral character.8

Jactar’s bragging about his connection with the courts and uttering veiled threats against
Medroso are indications of his lack of good moral character. His acts are contrary to
justice, honesty, modesty or good morals.9 He has acted in a manner that has violated
the private and social duties which a man owes to his fellowmen, or to society in general,
contrary to the accepted and customary rule of right and duty between man and man.10

NOTE: Any answer which explains the nature of absence of good moral character
should be given full credit.

The following additional objection should not result to a deduction nor should an
absence of the additional objection also result to a deduction.

7
In Re Sycip, 92 SCRA 1
8
Rules of Court, Rule 138, Sec. 2
9
In re Basa, 41 Phil. 276
10
Tak Ng v. Republic, G.R. No. L-13017, 106 Phil. 730, December 23, 1959
4
 a. If light threats would be filed against him, then another potential objection
would be the pendency of charges against him, involving moral
turpitude.11
b. The question states, ―Under these facts, list and justify the potential
objections that can be made against Jactar’s admission to the practice of
law.‖
c. The question requires that an assumption be made that Jactar has passed
the Bar Examination and is about to take his oath as an attorney. It is
suggested that the better question should have been: ―Under these facts,
list and justify the potential objections that can be made against Jactar’s
being admitted to take the Bar Examination.‖

1997, 2005 BAR: Prior to his admission to the freshman year in a reputable law school, bar
examinee A was charged before the Municipal Trial Court with damage to property through
reckless imprudence for accidentally sideswiping a parked jeepney. The case was amicably
settled with A agreeing to pay the claim of the jeepney owner for P1,000.00. In his
application to take the 1997 Bar Examinations, A did not disclose the above incident. Is he
qualified to take the Bar Examinations?

ANS: Rule 7.01 of the Code of Professional Responsibility provides that ―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‖. In the case of In re: Ramon
Galang, 66 SCRA 245, the respondent repeatedly omitted to make mention of the fact
that there was a pending criminal case for slight physical injuries against him in all four
(4) applications for admission to take the bar examinations. He was found to have
fraudulently concealed and withheld such fact from the Supreme Court and committed
perjury. The Supreme Court cited the rule that ―the concealment of an attorney in his
application to take the bar examinations of the fact that he had been charged with, or
indicted for, an alleged crime, is a ground for revocation of his license to practice law.‖

A’s failure to disclose that he had been charged with damage to property through
reckless imprudence in his application for admission to the bar examinations disqualifies
him. It does not matter that the offense charged does not involve moral turpitude or has
been amicably settled. When the applicant concealed a charge of a crime against him
but which crime does not involve moral turpitude, this concealment nevertheless will be
taken against him. It is the fact of concealment and not the commission of the crime itself
that makes him morally unfit to become a lawyer.12

1995 BAR: Does the legislature have the power to regulate admission to the bar and the
practice of law? Discuss fully.

ANS: Congress under the 1987 Constitution has no power to regulate admission to the
Bar and the practice of law. Unlike the 1935 and 1973 Constitutions, the 1987
Constitution no longer provides for the power of the legislature to repeal, alter and
supplement the rules promulgated by the Supreme Court. Under the 1935 Constitution,
the legislature had the power to repeal, alter the rules promulgated by the Supreme
Court although the power and the responsibility to admit members of the bar resides in

11
Rules of Court, Rule 138, Sec. 2
12
In re: Ramon Galang, A.C. No. 1163, August 29, 1975
5
the Supreme Court.13 Under the 1987 Constitution, however, the Supreme Court has the
exclusive power to promulgate rules concerning the enforcement of rights, pleadings and
practice and procedures of all courts and the admission to the practice of law.14

ALTERNATIVE ANS: Agpalo has pointed out that the legislature, in the exercise of
police power, may enact laws regulating the practice of law to protect the public and
promote public welfare, but it may not pass a law that will control the Supreme Court in
the performance of its function to decide who may be admitted into the practice of law.15
Constitutional Commissioner Joaquin C. Bemas also submits that the matter stays as if
the 1935 and 1973 provisions had been re-enacted.16

3. Continuing requirements for membership in the bar

a. Good moral character
b. Citizenship; reacquisition of the privilege to practice law in the
Philippines
4. Appearance of non-lawyers
a. Law student practice

2006 BAR: Enumerate the instances when a law student may appear in court as counsel for
a litigant.

ANS:
a. Under the Student Practice Rule, a law student who has successfully completed
his third year of the regular four-year prescribed law curriculum and is enrolled in
a recognized law school’s clinical legal education program approved by the
Supreme court, may appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal, board or officer, to represent
indigent clients accepted by the legal clinic of the law school, under the direct
supervision and control of a member of the Integrated Bar of the Philippines if he
appears in a Regional Trial Court, and without such supervision if he appears in
an inferior court17;
b. When he appears as an agent or friend of a litigant in an inferior court18;
c. When he is authorized by law to appear for the Government of the Philippines19;
d. In remote municipalities where members of the bar are not available, the judge of
an inferior court may appoint a non-lawyer who is a resident the province and of
good repute for probity and ability, to aid the defendant in his defense20;
e. A law student may appear before the National Labor Relations Commission or
any Labor Arbiter if (a) he represents himself, as a party to the case, (b) he
represents an organization or its members with written authorization from them,
or (c) he is a duly-accredited member of any legal aid office duly recognized by
the Department of Justice or the Integrated Bar of the Philippines in cases
referred to by the latter21;

13
See In Re: Cunanan, 50 OG 1602
14
See Art. 8. Section 5, subpar. 3-5
15
Agpalo, Legal Ethics, 5th Edition, p. 5
16
Bernas, The Constitution of the Republic of the Philippines. 1992 ed., Vol. II. p. 293
17
Bar Matter 730, June 10, 1997
18
Sec. 34, Rule 138, Revised Rules of Court
19
Sec. 33, Rule 138, Revised Rules of Court
20
Sec. 4, Rule 116, Revised Rules of Court
21
Art. 222, Labor Code; Kanlaon Construction Enterprises Co., Inc. v. NLRC, 279 SCRA 337 [1997]
6
 f. Under the Cadastral Act, a non-lawyer may represent a claimant before the
Cadastral Court.22

2009 BAR: What is the student practice rule?

ANS: The Student Practice Rule23 is the Rule authorizing a law student who has
successfully completed his 3rd year of the regular four-year prescribed law curriculum
and is enrolled in a recognized law school’s clinical legal education program approved
by the Supreme Court, to appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal or board or officer, to represent
indigent clients accepted by the legal clinic of the law school, under the direct
supervision and control of a member of the IBP accredited by the law school.

b. Non-lawyers in courts

1996 BAR: Generally, only those who are members of the bar can appear in court. Are
there exceptions to this rule? Explain.

ANS: The exceptions to the rule that only those who are members of the bar can appear
in court are the following:
a. In the municipal trial court, a party may conduct his litigation in person or with the
aid of an agent or friend.24
b. In any other court, a party may conduct his litigation personally.25
c. In criminal proceedings before a municipal trial court in a locality where a duly
licensed member of the bar is not available, the court may in its discretion admit
or assign a person, resident of the province and of good repute for probity and
ability, to aid the defendant in his defense, although the person so assigned is not
a duly authorized member of the bar.26
d. Any official or other person appointed or designated in accordance with law to
appear for the Government of the Philippines shall have all the rights of a duly
authorized member of the bar to appear in any case in which said government
has an interest direct or indirect.27
e. A senior law student who is enrolled in a recognized law school’s clinical
education program approved by the Supreme Court may appear before any court
without compensation to represent indigent clients accepted by the Legal Clinic of
the law school.28
f. Non-lawyers may appear before the NLRC or any Labor Arbiter if they represent
themselves or their labor organization or members thereof.29
g. Under the Cadastral Act, a non-lawyer can rep-resent a claimant before the
Cadastral Court.30

22
Sec. 8, Act No. 2250
23
Rule 138-A
24
Sec. 34. Rule 138
25
id.
26
Sec. 4. Rule 116
27
Sec. 33. Rule 138
28
Rule 138-A
29
Art. 222, Labor Code
30
Sec. 9. Act. 2259
7
1999 BAR: A, a mere high school graduate, with the aid of a friend who is a college
undergraduate, filed a complaint for recovery of a sum of money in the amount of Four
Thousand (P4, 000.00) Pesos in the Metropolitan Trial Court of his town. The Clerk of Court
told A that his complaint might be dismissed for insufficiency as to form because neither he
nor his friend who is assisting him is a lawyer. Is the Clerk of Court correct?

ANS: The Clerk of Court is not correct. In the Justice of the Peace courts (now known as
Municipal Trial Court or Municipal Circuit Trial Courts or Metropolitan Trial Court), a party
may conduct his litigation in person, with the aid of an agent or friend appointed by him
for that purpose, or with the aid of an attorney.31

1999 BAR: A, a law graduate but has not passed the bar examination, filed a Complaint in
the Regional Trial Court for recovery of Fifty Thousand (P50, 000.00) Pesos owed him by B.
At the hearing of the case after Answer was filed, A appeared by himself alone and without
counsel to prosecute his case. The defendant pointed out to the Court that A was not a
member of the bar and suggested that for his own protection, A should engage the services
of a counsel duly accredited as a member of the Bar. The Judge intimated his willingness to
reset the hearing of the case to another day to enable plaintiff to engage the services of
counsel. Plaintiff replied he could manage to prosecute his own case, it being but a simple
case for collection of sum of money. If you were the Judge, will you allow A to continue
prosecuting his case by himself alone?

ANS: Section 34, Rule 138 of the Rules of Court provides that in a Regional Trial Court,
a party may conduct his litigation personally or by aid of an attorney, and his appearance
must be either personal or by a duly authorized member of the bar. Hence, if I were the
Judge, I will allow A to continue prosecuting his case alone, but I will warn him about the
risks involved in his doing so because of his lack of knowledge of law and legal
procedure.

ALTERNATIVE ANSWERS:
a. If I were the Judge, I will not allow A to prosecute his case. Although he is a law
graduate, it does not appear that he is familiar with procedural law, having filed
the case with the RTC which has no jurisdiction over the case in view of the
amount involved. The judge is duty bound to see to it that there is no miscarriage
of justice.
b. No. I shall dismiss the case for lack of jurisdiction because the amount of
P50.000.00 is within the jurisdictional ambit of the Municipal Trial Court.
Consequently, A could not continue prosecuting the case.

c. Non-lawyers in administrative tribunals and labor tribunals

2002 BAR: Raul Catapang, a law graduate and vice-president for labor relations of XYZ
Labor Union, entered his appearance as representative of a member of the union before the
Labor Arbiter in a case for illegal dismissal, unpaid wages and overtime pay. Counsel for the
Company objected to Raul’s appearance and moved for his disqualification on the ground
that he is not a lawyer. If you were the Labor Arbiter, how would you resolve the motion?
Why?

31
Sec. 34, Rule 138, Rules of Court
8
ANS: I will deny the motion to disqualify Raul. Article 222 of the Labor Code authorizes
non-lawyers to appear before the National Labor Relations Commission or any Labor
Arbiter in representation of their organization or members thereof.

d. Proceedings where lawyers are prohibited from appearing

5. Sanctions for practice or appearance without authority
a. Lawyers without authority

2006 BAR: (A) The Supreme Court suspended indefinitely Atty. Fernandez from the practice
of law for gross immorality. He asked the Municipal Circuit Trial Court Judge of his town if he
can be appointed counsel de officio for Tony, a childhood friend who is accused of theft. The
judge refused because Atty. Fernandez’s name appears in the Supreme Court’s List of
Suspended Lawyers. Atty. Fernandez then inquired if he can appear as a friend for Tony to
defend him. If you were the judge, will you authorize him to appear in your court as a friend
for Tony?

ANS: I will not authorize him to appear as a friend of Tony. The accused in a criminal
case is entitled to be represented by legal counsel, and only a lawyer can be appointed
as counsel de officio. Although a municipal trial court may appoint a person of good
refute to aid the accused as counsel de officio in his defense, this is applicable only
where members of the bar are not present.32 Necessarily, the friend referred to one who
is not a lawyer. Atty. Fernandez is a lawyer but under indefinite suspension. He should
not be allowed to practice law even as a counsel de officio.

(B) Supposing Tony is a defendant in a civil case for collection of sum of money before
the same court, can Atty. Fernandez appear for him to conduct his litigation?

ANS: Even if Tony is a defendant in a civil case, Atty. Fernandez cannot be allowed to
appear for him to conduct his litigation; otherwise, the judge will be violating Canon 9 of
the Code of Professional Responsibility which provides that "a lawyer shall not, directly
or indirectly, assist in the unauthorized practice of law.

ALTERNATIVE ANSWER TO 1 AND 2: Yes, if Atty. Fernandez was appointed by Tony.

Even if Atty. Fernandez was suspended indefinitely, he may appear as an. agent or
friend of Tony, the party litigant in the Municipal Trial Court, if Tony appoints him to
conduct his case.33

2000 BAR: Atty. E entered his appearance as counsel for defendant F in a case pending
before the Regional Trial Court. F later complained that he did not authorize Atty. E to
appear for him. F moved that the court suspend Atty. E from the practice of law. May the
judge grant the motion? Explain.

ANS: The judge may grant the motion. Unauthorized appearance is a ground for
suspension or disbarment.34

ALTERNATIVE ANS: It depends. A lawyer’s appearance for a party without the

authority of the latter must be willful, corrupt or contumacious in order that he may be

32
Sec. 4, Rule 116, Revised Rules of Court
33
Sec. 34, Rule 138, Revised Rules of Court, Cantimbuhan v. Cruz, Jr., 126 SCRA 190 [1983]
34
Sec. 27, Rule 138, Rules of Court
9
held administratively liable therefor. But if he has acted in good faith, the complaint for
suspension will fail.35

b. Persons not lawyers

6. Public officials and practice of law
a. Prohibition or disualification of former government attorneys

1992 BAR: Atty. Herminio de Pano is a former Prosecutor of the City of Manila who
established his own law office after taking advantage of the Early Retirement Law. He was
approached by Estrella Cabigao to act as private prosecutor in an estafa case in which she
is the complainant. It appears that said estafa case was investigated by Atty. de Pano when
he was still a Prosecutor. Should Atty. de Pano accept employment as private prosecutor in
said estafa case? Explain.

ANS: Atty. de Pano should not accept the employment as private prosecutor as he will
be violating Canon 6, Rule 6.03 of the Code of Professional Responsibility which
provides that a lawyer shall not, after leaving government service, accept employment in
connection with any matter in which he had intervened while in said service.

BAR: Lawyer U, a retired Tanodbayan prosecutor, now in the private practice of law entered
his appearance for and in behalf of an accused in a case before the Sandiganbayan. The
prosecution moved for his disqualification on the ground that he had earlier appeared for the
prosecution in the case and is knowledgeable about the prosecution's evidence, both
documentary and testimonial. U contended that he merely appeared at the arraignment on
behalf of the prosecutor assigned to the case who was absent at the time. Decide.

ANS: Lawyer U should be disqualified from entering his appearance in this case even
only for arraignment of the accused. His appearance is deemed to be appearing for
conflicting interest.

ALTERNATIVE ANS: Canon 36 provides that a lawyer, having once held public office or
having been in 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. The contention of U that he merely appeared at the arraignment on behalf of the
absent prosecutor, is not enough. As a former Tanodbayan prosecutor, he certainly had
occasion to obtain knowledge about the prosecution’s evidence.

7. Lawyers authorized to represent the government

2001 BAR: From the viewpoint of legal ethics, why should it be mandatory that the public
prosecutor be present at the trial of a criminal case despite the presence of a private
prosecutor?

ANS: The public prosecutor must be present at the trial of the criminal case despite the
presence of a private prosecutor in order to see to it that the interest of the State is well-
guarded and protected, should the private prosecutor be found lacking in competence in
prosecuting the case. Moreover, the primary duty of a public prosecutor is not to convict

35
Garrido v. Qutsumbing, 28 SCRA 614 [1969]
10
but to see to it that justice is done.36 A private prosecutor would be naturally interested
only in the conviction of the accused.

2006 BAR: Prosecutor Coronel entered his appearance on behalf of the State before a
Family Court in a case for declaration of nullity of marriage, but he failed to appear in all the
subsequent proceedings. When required by the Department of Justice to explain, he argued
that the parties in the case were ably represented by their respective counsels and that his
time would be better employed in more substantial prosecutorial functions, such as
investigations, inquests and appearances in court hearings. Is Atty. Coronel’s explanation
tenable?

ANS: Atty. Coronel’s explanation is not tenable the role of the State’s lawyer in
nullification of marriage cases is that of protector of the institution of marriage.37 ―The
task of protecting marriage as an inviolable social institution requires vigilant and
zealous participation and not mere pro forma compliance.‖38 This role could not be left to
theprivate counsels who have been engaged to protect the private interests of the
parties.

8. Lawyer’s oath

2009, 2015, 2018 BAR: The Lawyer's Oath is a source of any lawyer's obligations and its
violation is a ground for the lawyer's suspension, disbarment, or other disciplinary action.
Without stating your name and other circumstances that will identify you, substantially write
down the Lawyer's Oath that a person who has passed the bar examinations is required to
take and subscribe to before the Supreme Court. (5%)

SUGGESTED ANSWER:
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will
support the Constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same; I will delay no man for money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and discretion, with all good fidelity as well to
the courts as to my clients; and I impose upon myself these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.

1996, 2003 BAR: What is the significance of lawyer's oath?

ANS: The significance of the oath is that it not only impresses upon the attorney his
responsibilities but it also stamps him as an officer of the court with rights, powers and
duties as important as those of the judge themselves. The oath of a lawyer is a
condensed code of legal ethics. It is a source of his obligation and its violation is a
ground for his suspension, disbarment or other disciplinary action.39

2000, 2007 BAR: Section 20, Rule 138 of the Rules of Court enumerates nine (9) duties of
attorneys. Give at least three (3) of them.

36
Rule 6.01, Code of Professional Responsibility
37
Art 48, Family Code
38
Malcampo-Sin v. Sin, 355 SCRA 285 [2001]
39
Agpalo, Legal Ethics, 5th ed., p.59
11
ANS: Under Section 20, Rule 138, it is the duty of an attorney:
1. To maintain allegiance to the Republic of the Philippines;
2. To maintain the respect due to the courts of justice and judicial officers;
3. To counsel or maintain such actions or proceedings only as appear to him to
be just, and such defenses only as he believes to be honestly debatable
under the law;
4. To employ, for the purpose of maintaining the causes confided to him such
means only as are consistent with truth and honor, and never seek to mislead
the judge or any Judicial officer by an artifice or false statement of fact or law;
5. To maintain inviolate the confidence, and at every peril to himself, to preserve
the secret of his client, and to accept no compensation in connection with his
client’s business except from him with his knowledge and approval;
6. To abstain from all offensive personality, and to advance no fact prejudicial to
the honor or reputation of a party or witness, unless required by the justice of
the cause with which he is charged;
7. Not to encourage either the commencement or the continuance of an action
or proceeding or delay any man’s cause, from any corrupt motive or interest;
8. Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
9. In the defense of a person accused of crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present
every defense that the law permits, to the end that no person may be
deprived of life or liberty, but by due process of law.

2016 BAR: State the duties of a lawyer imposed by the Lawyer’s oath

ANS: The following are the duties of a lawyer imposed by the lawyer’s oath:
1. To maintain allegiance to the Republic of the Philippines;
2. To support its Constitution;
3. To obey the laws as well as the legal orders of the duly constituted
authorities;
4. To do no falsehood nor consent to the doing of the same in any court;
5. Not to wittingly or willingly promote or sue any groundless, false or
unlawful suit nor to give nor to consent to the doing of the same;
6. To delay no man for money or malice;
7. To conduct himself as a lawyer according to the best of his knowledge and
discretion, with all good fidelity to the courts as to his clients;
8. To impose upon himself that voluntary obligation without any mental
reservation or purpose of evasion.

CODE OF PROFESSIONAL RESPONSIBILIY

B. Duties and Responsibilities of a Lawyer

1. Society
a. Respect for law and legal processes

2013 BAR: Atty. Doblar represents Eva in a contract suit against Olga. He is also defending
Marla in a substantially identical contract suit filed by Emma. In behalf of Eva, Atty. Doblar
claims that the statute of limitations runs from the time of the breach of the contract. In the
action against Marla, Atty. Doblar now argues the reverse position – i.e. that the statute of
limitation does not run until one year after discovery of the breach.
12
Both cases are assigned to Judge Elrey. Although not the sole issue in the two cases, the
statute of limitations issue is critical in both.

Is there an ethical/professional responsibility problem in this situation? If a problem exists,

what are its implications or potential consequences? (2013 Bar)

ANS: Yes. There is an ethical/professional responsibility problem that results from the
actuation of Atty. Doblar in arguing the reverse positions.

The signatures of Atty. Doblar on the pleadings for Eva and for Marla, constitute a
certificate by him that he has read the pleadings; that to the best of his knowledge,
information and belief there is good ground to support them; and that the pleadings were
not interposed for delay.40 Atty. Doblar could not claim he has complied with the
foregoing requirement because he could not take a stand for Eva that is contrary to that
taken for Marla. His theory for Eva clearly contradicts his theory for Marla. He has
violated his professional responsibility mandated under the Rules of Court.

He has likewise violated the ethical responsibility that 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.41

In counseling on the contradictory positions, Atty. Doblar has likewise counseled or

abetted activities aimed at defiance of the law or at lessening confidence in the legal
system42 because conflicting opinions may result arising from an interpretation of the
same law.

Atty. Doblar could not seek refuge under the umbrella that what he has done was in
protection of his clients. This is so because a lawyer’s duty is not to his client but to the
administration of justice. To that end, his client’s success is wholly subordinate. His
conduct ought to and must always be scrupulously observant of the law and ethics.43

Any means, not honorable, fair and honest, which is resorted to by the lawyer, even in
the pursuit of his devotion to his client’s cause, is condemnable and unethical.44

1998 BAR: Atty. Asilo, a lawyer and a notary public, notarized a document already prepared
by spouses Roger and Luisa when they approached him. It is stated in the document to
Roger and Luisa formally agreed to live separately from each other and either one can have
a live-in partner with full consent of the other. What is the liability of Atty. Asilo, if any?

ANS: Atty. Asilo may be held administratively liable for violating Rule 1.02 of the Code of
Professional Responsibility - a lawyer shall not counsel or abet activities aimed defiance
of the law or at lessening confidence in the leg system. An agreement between two
spouses to live separately from each other and either one could have a livein partner
with full consent of the other, is contrary to law and morals. The ratification by a notary

40
Rules of Court, Rule 7, Sec. 3, 2nd par.
41
Canons of Professional Ethics, Canon 30, 2nd par., last sentence
42
Code of Professional Responsibility, Canon 1, Rule 1.02
43
Ernesto Pineda, LEGAL AND JUDICIAL ETHICS, 211 [1999], citing Maglasang v. People, G.R. No.
90083, October 4, 1990
44
Ibid.
13
public who is a lawyer of in illegal or immoral contract or document constitutes
malpractice or gross misconduct in office. He should at least refrain from its
consummation.45

2010 BAR: Atty. XX rented a house of his cousin JJ on a month-to-month basis. He left for a
6-month study in Japan without paying his rentals and electric bills while he was away
despite JJ’s repeated demands. Upon his return to the Philippines, Atty. XX still failed to
settle his rental arrearages and electric bills, drawing JJ to file an administrative complaint
against Atty. XX. Atty. XX contended that his non-payment rentals and bills to his cousin is a
personal matter which has no bearing on his profession as a lawyer and, therefore, he did
not violate the CPR. Is Atty. XX’s contention in order? Explain.

ANS: No. In a case involving the same facts, the Supreme Court held that having
incurred just debts, a lawyer has a moral duty and legal responsibility to settle them
when they become due. ―Verily, lawyers must at all times faithfully perform their duties to
society, to the bar, to the court and to their clients. As part of their duties, they must
promptly pay their financial obligations.‖46

b. Efficient and convenient legal services

c. True, honest, fair, dignified, and obective information on legal
services

2001, 1996, 1994 Bar: A lone law practitioner Bartolome D. Carton, who inherited the law
office from his deceased father Antonio C. Carton, carries these names: ―Carton & Carton
Law Office.‖ Is that permissible or objectionable? Explain.

ANS: Rule 3.02 of the Code of Professional Responsibility provides as follows: ―In the
choice of a firm name, no false, misleading or assumed name shall be used; the
continued use of the name of deceased partner is permissible provided that the firm
indicates in all its communications that the partner is deceased.‖ Since Atty. Antonio C.
Carton is a solo practitioner, it is improper for him to use the firm name ―Carton & Carton
Law Office‖, which indicates that he is and/or was in partnership with his father. Even if
he indicates in all his communication that his father is already dead, the use of the firm
name is still misleading because his father was never his partner before. A lawyer is not
authorized to use in his practice of profession a name other than the one inscribed in the
Roll of Attorneys.

2001 Bar: Facing disciplinary charges for advertising as a lawyer, Atty. A argues that
although the calling card of his businessman friend indicates his law office and his legal
specialty, the law office is located in his friend’s store. Decide.

ANS: This appears to be a circumvention of the prohibition on improper advertising.

There is no valid reason why the lawyer’s businessman friend should be handling out
calling cards which contains the lawyer’s law office and legal specialty, even if his office
is located in his friend’s store. What makes it more objectionable is the statement of his
supposed legal specialty. It is highly unethical for an attorney to advertise his talents or
skill as a merchant.

45
In re Santiago, 70 Phil. 661 Panganiban v. Borromeo; 58 Phil. 367, In re Bucana, 72 SCRA 14
46
Wilson Cham v. Atty. Eva Pata-Moya, 556 SCRA 1 [2008]
14
2003, 1998 BAR: A Justice of the Supreme Court, while reading a newspaper one weekend,
saw the following advertisement:

ANNULMENT OF MARRIAGE
Competent Lawyer
Reasonable Fee
Call 221-2221

The following session day, the Justice called the attention of his colleagues and the Bar
Confidant was directed to verify the advertisement. It turned out that the number belongs to
Attorney X, who was then directed to explain to the court why he should not be disciplinarily
dealt with for the improper advertisement. Attorney X, in his answer, averred that (1) the
advertisement was not improper because his name was not mentioned in the ad; and (2) he
could not be subjected to disciplinary action because there was no complaint against him.
Rule on Attorney X’s contention.

ANS: The advertisement is improper because it is a solicitation of legal business and is

tantamount to self-praise by claiming to be a ―competent lawyer‖. The fact that his name
is not mentioned does not make the advertisement proper. His identity can be easily
determined by calling the telephone number stated. In the case of Ulep v. Legal Clinic,
Inc., 223 SCRA 378, the Supreme Court found a similar advertisement to be improper in
spite of the fact that the name of a lawyer was also not mentioned.

A complaint is not necessary to initiate disciplinary action against a lawyer. In Sec. 1,

Rule 139-B of the Rules of Court, disciplinary action against a lawyer may be initiated by
the Supreme Court motu proprio.

2002 BAR: Determine whether the following advertisements by an attorney are ethical
or unethical. Write ―Ethical‖ or ―Unethical‖, as the case may be, opposite each letter and
explain.
1. A calling card, 2x2 in size, bearing his name in bold print, office, residence
and e-mail address, telephone and facsimile numbers.
2. A business card, 3’’x4’’ in size, indicating the aforementioned data with his
photo, 1’’x1’’ in size.

ANS:
1. Ethical – A lawyer, in making known his legal services shall use only true,
honest, fair, dignified and objective information or statement of facts.47 For
solicitation to be proper, it must be compatible with the dignity of the legal
profession. If made in a modest and decorous manner, it would bring no injury to
the lawyer or to the bar.48
2. Unethical – The size of the card and the inclusion of the lawyer’s photo in it
smacks of commercialism. It is highly unethical for an attorney to advertise his
talents or skill as a merchant.

2016 BAR: A sign was posted at the building where the law office of Atty. Redentor Walang-
Talo is located. The sign reads:

47
Code of Professional Responsibility, Canon 3
48
Warvelle, Legal Ethics, p.55
15
 Atty. Redentor A. Walang-Talo
Chairman, IBP Legal Aid Committee
Makati City IBP Chapter

Free conciliation, mediation and court representation

Suite 210, Galaxy Building, J.P. Rizal Street, Makati City

a. Does the posting constitute solicitation?

ANS: There is nothing wrong with the advertisement. The statement that he is the
chairman of the IBP Legal Aid Committee is factual and true. Canon 27 of the Code of
Professional Ethics states that ―memberships and offices in bar associations and
committees thereof‖ may be included in a lawyer’s advertisement. The statement that he
gives free consultation, mediation and court representation services is for the purpose of
promoting the IBP Legal Aid Committee.

b. Suppose the sign reads:

Atty. Redentor A. Walang-Talo
Chairman, IBP Legal Aid Committee
Makati City IBP Chapter

Free conciliation, mediation and court representation

Suite 210, Galaxy Building, J.P. Rizal Street, Makati City

Does the posting constitute solicitation?

ANS: On the other hand, this advertisement is for the benefit of the lawyer alone and
constitutes solicitation.

ALTERNATIVE ANS: This does not constitute solicitation. The lawyer does not claim to
be a specialist, but only a ―general practitioner.‖ The statement that he accepts pro bono
cases is not for the purpose of promoting his ―business’’, as ‖pro bono‖ means ―for free.‖

d. Participation in the improvements and reforms in the legal system

e. Participation in legal education program
f. Lawyers in government service discharging their tasks
3. The legal profession
a. Integrated Bar of the Philippines
b. Membership and dues

2008 BAR: Not paying the annual IBP dues.

ANS: It is the duty of every lawyer to support the activities of the Integrated Bar of the
Philippines (Canon 7, CPR). Default in payment of IBP dues for six months shall warrant
suspension of membership to the Integrated Bar, and default to make such payment for
one year shall be a ground for the removal of the delinquent member from the Roll of
Attorneys.49

49
In Re Atty. Marcial Edillon, 84 SCRA 554 [1978]
16
2005 BAR: Atty. Kuripot was one of Town Bank's valued clients. In recognition of his loyalty
to the bank, he was issued a gold credit card with a credit limit of P250, 000.00. After two
months, Atty. Kuripot exceeded his credit limit, and refused to pay the monthly charges as
they fell due. Aside from a collection suit, Town Bank also filed a disbarment case against
Atty. Kuripot.

In his comment on the disbarment case, Atty. Kuripot insisted that he did not violate the
Code of Professional Responsibility, since his obligation to the bank was personal in nature
and had no relation to his being a lawyer. Is Atty. Kuripot correct? Explain your answer.

ANS: Atty. Kuripot is not correct. Section 7.03 of the Code of Professional Responsibility
provides that ―a lawyer shall not engage in conduct that adversely affects 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."

2016 BAR: Sonia, who is engaged in the lending business, extended to Atty. Roberto a loan
of P50, 000.00 with interest of P25, 000.00 to be paid not later than May 20, 2016. To secure
the loan, Atty. Roberto signed a promissory note and issued a postdated check. Before the
due date, Atty. Roberto requested Sonia to defer the deposit of the check. When Atty.
Roberto still failed to pay, Sonia deposited the check which was dishonored. Atty. Roberto
ignored the notice of dishonor and refused to pay.
a. Did Roberto commit any violation of the CPR? Explain.
b. Can he be held civilly liable to Sonia in an administrative case for suspension or
disbarment?

ANS:
a. Atty. Roberto committed a violation of Canon 1 Rule 1.01, Canon 7 and Rule 7.03
in issuing a bouncing check. He should very well know that the issuance of a
bouncing check is an unlawful act, a crime involving moral turpitude.50
b. No. The sole issue in an administrative case is the determination of whether or
not a lawyers is still fit to continue being a lawyer. The Supreme Court will not
order the return of money which is not intimately related to a lawyer-client
relationship.51

c. Upholding the dignity and integrity of the profession

d. Courtesy, fairness, and candor towards professional colleagues

1997 BAR: You are the counsel of K in his action for specific performance against DEV. Inc.,
a subdivision developer which is represented by Atty. L. Your client believes that the
president of DEV, Inc. would be willing to consider an amicable settlement and your client
urges you to discuss the matter with DEV. Inc., without the presence of Atty. L whom he
considered to be an impediment to an early compromise. Would it be all right for you to
negotiate the terms of the compromise as so suggested above by your client?

ANS: No. Rule 8.02, Canon 8 of the Code of Professional Responsibility provides that "a
lawyer shall not directly or indirectly, encroach upon the professional employment of
another lawyer." Canon 9 of the Code of Professional Ethics is more particular, "a lawyer

50
Co v. Bernardino, A.C. No. 3919, January 28, 1998
51
Wong v. Moya, A.C. 6972, October 17, 2008; Sps. Concepcion v. Atty. De La Rosa, A.C. No.
10681, Feb. 3, 2015
17
should not in any way communicate upon the subject of the 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." In the case of Likong vs. Liin, 235
SCRA 414, a lawyer was suspended for negotiating a compromise agreement directly
with the adverse party without the presence and participation of her counsels.

1995 BAR: After the pre-trial Atty. Hans Hilado, counsel for plaintiff Jennifer Ng, persuaded
defendant Doris Dy to enter into a compromise agreement with the plaintiff without the
knowledge and participation of defendant’s counsel, Atty. Jess de Jose. Doris acceded and
executed the agreement. Therein Doris admitted her obligation in full and bound herself to
pay her obligation to Jennifer at 40% interest per annum in ten (10) equal monthly
installments. The compromise agreement was approved by the court.

Realizing that she was prejudiced, Doris Dy filed an administrative complaint against Atty.
Hilado alleging that the latter prevented her from consulting her lawyer Atty. de Jose when
she entered into the compromise agreement, thereby violating the rules of professional
conduct. Atty. Hilado countered that Doris Dy freely and voluntarily entered into the
compromise agreement which in fact was approved by the court.

Was it proper for the judge to approve the compromise agreement since the terms thereof
were just and fair even if counsel for one of the parties was not consulted or did not
participate therein? Explain.

ANS: It was not proper for the Judge to approve the compromise agreement without the
participation of the lawyer of one of the parties, even if the agreement was Just and fair.
Even if a client has exclusive control of the cause of action and may compromise the
same, such right is not absolute. He may not, for example, enter into a compromise to
defeat the lawyer’s right to a just compensation. Such right is entitled to protection from
the court.

1989 BAR: Gretel’s residence in Makati village was foreclosed by Joli Bank. Armed with a
writ of possession issued by the lower court, the sheriff and Joli Bank’s lawyers evicted
Gretel and padlocked the house. A restraining order issued by the Court of Appeals which
Gretel showed the sheriff was disregarded. Gretel requested Hansel, an attorney who lives
in the same village, to assist her in explaining the restraining order, since Gretel’s counsel of
record was out of town. The discussion on the restraining order was conducted on the
sidewalk along Gretel’s house. The village security guards were attracted by the commotion
brought about by the discussion, so they called the Makati Police and the CAPCOM who
responded immediately. The CAPCOM colonel, who arrived at the scene with his troop took
it upon himself to open the house and declare Gretel as the rightful possessor. The colonel
invited Gretel and Hansel to enter the house. Five days later, Hansel was made a co-
respondent (together with Gretel) in a complaint for trespass to dwelling filed by Joli Bank’s
lawyers before the Makati Fiscal’s office.

Discuss the propriety of the act of Joli Bank’s lawyers, considering that all lawyers are
mandated to conduct themselves with courtesy, fairness and candor toward their
professional colleagues and to avoid harassing tactics against opposing counsel.

ANS: Considering that there was a restraining order issued by the Court of Appeals, it
was proper for Gretel to take steps to maintain possession of his residence with the
assistance of Hansel as lawyer. It was not proper for the Joli Bank’s lawyers to file an
action of trespass to dwelling against Gretel and lawyer Hansel. Canon 8 of the Code of
18
Professional Responsibility provides that a lawyer shall conduct himself with fairness
and candor towards his professional colleagues and shall avoid harassing tactics against
opposing counsel.

e. No assistance in unauthorized practice of law

2005 BAR: You had just taken your oath as a lawyer. The secretary to the president of a big
university offered to get you as the official notary public of the school. She explained that a
lot of students lose their Identification Cards and are required to secure an affidavit of loss
before they can be issued a new one. She claimed that this would be very lucrative for you,
as more than 30 students lose their Identification Cards every month. However, the
secretary wants you to give her one-half of your earnings therefrom. Will you agree to the
arrangement? Explain.

ANS: No, I will not agree. Rule 9.02 of the Code of Professional Responsibility provides
that ―a lawyer shall not divide or stipulate to divide a fee for legal service with persons
not licensed to practice law". The secretary is not licensed to practice law and is not
entitled to a share of the fees for notarizing affidavits, which is a legal service.

2010 BAR: Atty. Monica Santos-Cruz registered the firm name ―Santos-Cruz Law Office‖
with the Department of Trade and Industry as a single proprietorship. In her stationery, she
printed the names of her husband and a friend who are both non-lawyers as her senior
partners in light of their investments in the firm. She allowed her husband to give out calling
cards bearing his name as senior partner of the firm and to appear in courts to move for
postponements. Did Atty. Santos-Cruz violated the Code of Professional Responsibility?
Why?

ANS: Yes, she did. In the case of Cambaliza v. Cristobal-Tenorio52, which involves the
same facts, the Supreme Court held that a lawyer who allows a nonmember of the Bar
to misrepresent himself as a lawyer and to practice law, is guilty of violating Canon 9 and
Rule 9.01 of the Code of Professional Responsibility which provide as follows:

Canon 9. A lawyer shall not directly or indirectly assist in the unauthorized practice of law.

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

4. The courts
a. Candor, fairness, and good faith towards the courts

2000 BAR: In a pending labor case, Atty. A filed a Position Paper on behalf of his client,
citing a Supreme Court case and quoting a portion of the decision therein which he stated
reflected the ratio decidendi. However, what he quoted was not actually the Supreme Court
ruling but the argument of one of the parties to the case. May Atty. A be faulted
administratively? Explain.

ANS: Yes, he may be faulted administratively. A lawyer owes candor, fairness and good
faith to the court. Rule 10.02 of the Code of Professional Conduct expressly provides
that a lawyer shall not knowingly misquote or misrepresent the contents of a paper, the

52
434 SCRA 288 [2004]
19
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 has been proved. To cite an argument of one of
the parties as a ratio decidendi of a Supreme Court decision shows, at least, lack of
diligence on the part of Atty. A.53

2015, 1994 BAR: Atty. Billy, a young associate in a medium-sized law firm, was in a rush to
meet the deadline for filing his appellant’s brief. He used the internet for legal research by
typing keywords on his favorite search engine, which led him to many websites containing
text of Philippine jurisprudence. None of these sites was owned or maintained by the
Supreme Court. He found a case believed to be directly applicable to his client’s cause, so
he copied the text of the decision from the blog of another law firm, and pasted the text to
the document he was working on. The formatting of the text he had copied was lost when he
pasted it to the document, and he could not distinguish anymore, which portions were the
actual findings or rulings of the Supreme Court, and which were quoted portions from the
other sources that were used in the body of the decision. Since his deadline was fast
approaching, he decided to just make it appear as if every word he quoted was part of the
ruling of the Court, thinking that it would not be discovered.

Atty. Billy’s opponent, Atty. Ally, a very conscientious former editor of her school’s law
journal, noticed many discrepancies in Atty. Billy’s supposed quotations from the Supreme
Court decision when she read the text of the case from her copy of the Philippine Reports.
Atty. Billy failed to reproduce the punctuation marks and font sizes used by the Court.
Worse, he quoted the arguments of one party as presented in the case, which arguments
happened to be favorable to his position, and not the ruling or reasoning of the Court, but
this distinction was not apparent in his brief. Appalled, she filed a complaint against him.
a. Did Atty. Billy fail in his duty as a lawyer? What rules did he violate, if any?
b. How should lawyer quote a Supreme Court decision?

ANS:
a. Atty. Billy has violated Canon 10, Rules 10.01 and 10.02 of the Code of
Professional Responsibility (CPR) which provide as follows:

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

Rule 10.01. 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.

Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a
paper, the language or the argument of the opposing counsel, or the text of a
decision or authority, or knowingly cite a law a provision already rendered inoperative
by repeal or amendment, or assert as a fact that which has not been proved.

b. They should be verbatim reproductions of the Supreme Court’s decisions, down

to the last word and punctuation mark.54

53
Commission on Election v. Noynay, 292 SCRA 254
54
Insular Life Assurance Co., Ltd., Employees Association v. Insular Life Assurance Co., Ltd., G.R.
No. L-25291, January 30, 1971, 37 SCRA 244
20
1996 BAR: Atty. X was retained by E in a case for violation of BP 22 filed by B before the
scheduled hearing, Atty. X assured B that E would pay the value of the dishonored check.
Elated at the prospect of being paid, B wined anddined Atty. X several times. Atty. X
convinced B not to appear at the scheduled hearings. Due to nonappearance of B, the
estafa case was dismissed for failure to prosecute. B, however, was never paid. Thus, she
filed a case for disbarment against Atty. X. Does the conduct of Atty. X constitute
malpractice? Explain.

ANS: Yes, the conduct of Atty. S constitutes malpractice. A lawyer owes candor,
fairness and good faith to the court. He shall not do any falsehood or shall be mislead or
allow the court to be misled by any artifice. He owes loyalty to his client. In a case
involving similar facts, the Supreme Court found that the lawyer concerned obstructed
the administration of justice and suspended him for two years.55

b. Respect for courts and judicial officers

2015 BAR: Atty. Luna Tek maintains an account in the social media network called Twitter
and has 1,000 followers there, including fellow lawyers and some clients. Her Twitter
account is public so even her non-followers could see and read her posts, which are called
tweets. She oftentimes takes to Twitter to vent about her daily sources of stress like traffic or
to comment about current events. She also tweets her disagreement and disgust with the
decisions of the Supreme Court by insulting and blatantly cursing the individual Justices and
the Court as an institution.
a. Does Atty. Luna Tek act in a manner consistent with the Code of Professional
Responsibility? Explain the reasons for your answer.
b. Describe the relationship between a lawyer and the courts.

ANS:
a. Atty. Luna did not act in a manner consistent with the Code of Professional
Responsibility (CPR). Canon 11 of the Code provides that ―a lawyer shall observe
and maintain the respect due to the courts and to judicial officers and should
insist on similar conduct with others.‖ As an officer of the court, a lawyer should
set the example in maintaining a respectful attitude towards the court. Moreover,
he should abstain from offensive language in criticizing the courts. Atty. Luna Tek
violated this rule in insulting and blatantly cursing the individual Justices and the
Supreme Court in her tweets. Lawyers are expected to carry their ethical
responsibilities with them in cyberspace.56
b. A lawyer is an officer of the court. As such, he is much a part of the machinery of
justice as a judge is. The judge depends on the lawyer for the proper
performance of his judicial duties. Thus, Canon 10 enjoins a lawyer to be candid
with the courts; Canon 11 requires him to show respect to judicial officers; and
Canon 12 urges him to exert every effort and consider it his duty to assist in the
speedy and efficient administration of justice.

2010 BAR: Atty. Y, in his Motion for Reconsideration of the Decision rendered by the
National Labor Relations Commission (NLRC), alleged that there was connivance of the
NLRC Commissioners with Atty. X for monetary considerations in arriving at the questioned
Decision. He insulted the Commissioners for their ineptness inappreciating the facts as
borne by the evidence presented.

55
Cantome v. Ducusin, 57 Phil. 20
56
Lorenzana v. Judge Ma. Cecilia L. Austria, A.M. No. RTJ-09-2200, April 2, 2014
21
Atty. X files an administrative complaint against Atty. Y for using abusive language.

Atty. Y posits that as lawyer for the down-trodden laborers, he is entitled to express his
righteous anger against the Commissioners for having cheated them; that his allegations in
the Motion for Reconsideration are absolutely privileged; and that proscription against the
use of abusive language does not cover pleadings filed with the NLRC, as it is not a court,
nor are any of its Commissioners Justice or Judges.

Is Atty. Y administratively liable under the Code of Professional Responsibility? Explain.

ANS: Atty. Y ―has clearly violated Canons 8 and 11 of the Code of Professional
Responsibility and is administratively liable. A lawyer shall not in his professional
dealings, use language which is abusive, offense or otherwise improper.‖57 A lawyer
shall abstain from scandalous, offensive or menacing language or behavior before the
courts.58

In the case of Johnny Ng v. Atty. Benjamin C. Alar59, which involves the same facts, the
Supreme Court held that the argument that the NLRC is not a court, is unavailing. The
lawyers remains a member of the Bar, an ―oath-bound servant of the law, whose first
duty is not to his client but to the administration of justice and whose conduct ought to be
and must be scrupulously observant of the law and ethics.‖

The Supreme Court also held that the argument that labor practitioners are entitled to
some latitude of righteous anger is unavailing. It does not deter the Court from
exercising its supervisory authority over lawyers who misbehave or fail to live up to that
standard expected of them as members of the bar.

1993 BAR: Having lost in the Regional Trial Court and then in the Court of Appeals, Atty.
Mercado appealed to the Supreme Court. In a minute resolution, the Supreme Court denied
his petition for review for lack of merit. He filed a motion for reconsideration which was also
denied. After the judgment had become final and executory, Atty. Mercado publicly criticized
the Supreme Court for having rendered what he called an unjust judgment, even as he
ridiculed the members of the Court by direct insults and vituperative innuendoes. Asked to
explain why he should not be punished for his clearly contemptuous statements, Atty.
Mercado sets up the defense that his statements were uttered after the litigation had been
finally terminated and that he is entitled to criticize Judicial actuations. Is Atty. Mercado's
contention tenable? Explain.

ANS: Atty. Mercado’s contention is not tenable. While he is free to criticize the decision
itself, he is not at liberty to call said judgment an unjust judgment and to ridicule the
members of the court. It is one thing to analyze and criticize the decision itself, which is
proper, and it is another thing to ridicule the members of the court, which is wrong. The
right of a lawyer to comment on or criticize the decision of a judge or his actuations is not
unlimited. It is the cardinal condition of all such criticism that it shall be bona fide, and
shall not spill over the walls of decency and propriety. A wide chasm exists between fair
criticism, on the one hand, and abuse and slander of courts and judges on the other. A
publication in or outside the court tending to impede, obstruct, embarrass or influence

57
Rule 8.01, CPR
58
Rule 11.03, CPR
59
507 SCRA 465 [2006]
22
the courts in administering Justice in a pending suit, or to degrade the courts, destroy
public confidence in them or bring them in any way into disrepute, whether or not there is
a pending litigation, transcends the limits of fair comment. Such publication or
intemperate and unfair criticism is a gross violation of the lawyer’s duty to respect the
courts. It is a misconduct that subjects him to disciplinary action.

2016 BAR: Atty. Harold wrote in the Philippine Star his view that the decision of the
Supreme Court in a big land case is incorrect and should be re-examined. The decision is
not yet final. Atty. Alfonso, the counsel for the winning party in that case, filed a complaint for
disbarment against Atty. Harold for violation of sub judice rule and Canon 11 of the CPR that
a lawyer shall observe and maintain respect due to the courts. Explain the sub judice rule
and rule on the disbarment case.

ANS: The sub judice rule restricts comments and disclosures pertaining to pending
judicial proceedings, not only by participants in the pending case, members of the bar
and bench, litigants and witnesses, but also to the public in general, which necessarily
includes the media, in order to avoid prejudging the issue, influencing the court, or
obstructing the administration of justice. A violation of this rule may render one liable for
indirect contempt under Sec. 3(d), Rule 71 of the Rules of Court. The specific rationale
for the sub judice rule is that courts, in the decision of issues of fact and law should be
immune from every extraneous influence; that facts should be decided upon evidence
produced in court; and that the determination of such facts should be uninfluenced by
bias, prejudice or sympathies.60 After a case is decided, however, the decision is open to
criticism, subject only to the condition that all such criticism shall be bona fide, and shall
not spill over the walls of decency and propriety.

A wide chasm exists between fair criticism, on the one hand, and abuse and slander of
courts and the judges thereof, on the other. Intemperate and unfair criticism is a gross
violation of the duty of respect to courts. It is such a misconduct that subjects a lawyer to
disciplinary action.61

In this case, the published comment of Atty. Harold was made after the decision of the
Supreme Court was rendered, but the same was not yet final. The case was still
pending. Hence, the publication of such comment was inappropriate, and Atty. Harold
may be penalized for indirect contempt of court.

ALTERNATIVE ANS: Although the comment of Atty. Harold was made while the case
was technically pending, it was made after a decision was rendered, and the comment
made is within the grounds of decency and propriety. Hence, the lawyer does not
deserve punishment for the same.

1996 BAR: The Code of Professional Responsibility is to lawyers, as the Code of Judicial
Conduct is to members of the bench. How would you characterize the relationship between
the Judge and a lawyer? Explain.

ANS: The Code of Professional Responsibility requires lawyers to observe and maintain
respect for judicial officers (Canon 11). On the other hand, the Code of Judicial Conduct

60
Marantan v. Diokno, 716 SCRA 164, Feb. 12, 2014
61
In re Almace, G.R. L-27654, February 18, 1970
23
requires judge to be patient, attentive and courteous to lawyers (Rule 3). In a word,
lawyers and judges owe each other mutual respect and courtesy.

ALTERNATIVE ANS:
a. The relationship between a judge and a lawyer must be based on independence
and self-respect. He must neither be a mindless fawning slave of the judge, nor
must he take an attitude of hostility towards the Judge. The lawyer must maintain
toward the court a respectful attitude and to uphold and protect the dignity of the
court.
b. Being an officer of the court, the first and foremost duty of the lawyer is to the
court. He is bound to obey lawful orders and decisions of the court. Like the court
itself, the lawyer is an instrument to advance the ends of justice. Should there be
a conflict between the duty to his client and that of the court, he should resolve
the conflict against his client and obey the lawful orders of the court. On the other
hand, judges should be courteous and impartial to counsel. To maintain
impartiality, the judge should not associate too much with lawyers.

c. Assistance in the speedy and efficient administration of justice

2003 BAR: The Supreme Court issued a resolution in a case pending before it, requiring the
petitioner to file, within ten (10) days from notice, a reply to the respondent's comment.
Attorney A, representing the petitioner, failed to file the reply despite the lapse of thirty (30)
days from receipt of the Court’s resolution. The Supreme Court dismissed the petition for
noncompliance with its resolution. Attorney A timely moved for the reconsideration of the
dismissal of the petition, claiming that his secretary, who was quite new in the office, failed to
remind him of the deadline within which to file a reply. Resolve Attorney A's motion.

ANS: Attorney A’s motion is not meritorious. He has violated Rule 12.03 of the Code of
Professional Responsibility which provides that ―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‖. His claim that it
was the fault of his secretary is not sufficient. He cannot take refuge behind the
inefficiency of his secretary because the latter is not a guardian of the lawyer’s
responsibilities.62

1993 BAR: Atty. Cua wins a case involving a donation mortis causa. Afterwards, she
discovers, and is convinced, that the Deed of Donation was falsified, and that it was her
client who did the falsification. If you were Atty. Cua what would you do? Explain.

ANS: If I were Atty. Cua., I would resign as his lawyer. The question as to whether the
attorney should disclose the falsification to the court or to the prosecuting attorney
involves a balancing of loyalties. One ethical rule states that ―counsel upon the trial of a
cause in which perjury has been committed owes it to the profession and the public to
bring the matter to the knowledge of the prosecuting authorities". Another ethical rule
provides that when ―a lawyer discovers that some fraud or deception has been practiced,
which is unjustly imposed upon the court or a party, he 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". A literal application of these ethical injunctions requires the

62
Nidua v. Lazaro, 174 SCRA 581 [1989]
24
disclosure of the falsification. On the other hand, the attorney’s duty to keep inviolate the
client's confidence demands that he refrain from revealing the client’s wrongdoing, the
same being a past offense. Resigning as a lawyer will enable the lawyer to observe such
loyalties. If the decision is already final, as a lawyer, I would advise my client to withdraw
any claim on the donation mortis causa and have the property be given to the rightful
owner of the property the subject matter of the donation.

This action is in compliance with my duty as a lawyer to assist in the administration of

justice and in compliance of my oath: ―I will do no falsehood, nor consent to the doing of
any in court; that I will not wittingly or willingly promote or sue any groundless, false and
or unlawful suit, nor give aid nor consent to the same‖.

1993 BAR: Atty. Vidal, a semi-retired Metro Manila law practitioner, has a cattle ranch in the
remote municipality of Carranglan, Nueva Ecija. He attends to his law office in Manila on
Mondays, Tuesdays and Wednesdays, and spends the rest of the week in his cattle ranch
riding horses and castrating bulls.

In a criminal case pending before the Municipal Trial Court of Carranglan, the only other
licensed member of the Bar is representing the private complainant. The accused is a
detention prisoner. The judge wants to expedite proceedings.
1. What must the judge do to expedite proceedings?
2. If Atty. Vidal is appointed to act as counsel de oficio for the accused, could he refuse
by saying that in the province, he does not want to do anything except ride horses
and castrate bulls? Explain.

ANS:
1. The judge may appoint Atty. Vidal as counsel de officio in order to expedite the
proceedings. This is especially because the accused is a detention prisoner who
is presumed to be indigent and cannot retain a paid counsel.
2. Atty. Vidal cannot validly refuse the appointment as counsel de officio. While it is
true that he stays in the province to rest during the latter part of the week as
lawyer he must comply with his oath to assist in the administration of justice. This
is precisely one of the objectives of the Integrated Bar which is to compel all
lawyers whether in the active practice or not to comply with their obligation to
assist in the administration of justice.

d. Reliance on merits of case, not on impropriety tending to influence

the courts

2013 BAR: Atty. Hermano requested his fraternity brother, Judge Patron, to introduce him to
Judge Apestado, before whom he has a case that had been pending for sometime. Judge
Patron, a close friend of Judge Apestado, acceded to the request, telling the latter that Atty.
Hermano is his fraternity ―brod‖ and that Atty. Hermano simply wanted to ask for advice on
how to expedite the resolution of his case. They met, as arranged, in the fine dining
restaurant of a five-star hotel. Atty. Hermano hosted the dinner. Did Atty. Hermano, Judge
Patron and Judge Apestado commit any ethical/administrative violation for which they can
be held liable?

ANS: Yes, the three (3) of them committed ethical/administrative violations for which
they can be held liable.

25
For hosting the dinner, Atty. Hermano acted in contravention of ethical standards. A
lawyer should refrain from any impropriety which tends to influence or give the
appearance of influencing the court.63 A lawyer shall not extend extraordinary attention
or hospitality to, nor seek opportunity for cultivating familiarity with judges.64 Marked
attention and unusual hospitality on the part of a lawyer to a judge, uncalled for by the
personal relations on the parties, subject both the judge and the lawyer to
misconstruction of motive and should be avoided.65 Even if the purpose of the meeting
was merely to ―ask advice on how to expedite the resolution of his case,‖ Atty. Hermano
still acted outside of the bounds of ethical conduct. This is so because a lawyer deserves
rebuke and denunciation for any device or attempt to gain from a judge a special
personal consideration or favor.66

Both judge patron and Judge Apestado may be held liable for having the dinner meeting
with Atty. Hermano. Judges shall ensure that not only is their conduct above reproach,
but that it is perceived to be so in the view of a reasonable observer.67 Judges shall
avoid impropriety and the appearance of impropriety in all of their activities.68 Their
having dinner with Atty. Hermano, a practicing lawyer, could be construed as
appearance of impropriety.

Judge Patron for having allowed himself to be used as a ―bridge‖ by Atty. Hermano, his
fraternity ―brod‖, to meet with Judge Apestado exhibited judicial misconduct in the
following manner: Judges shall refrain from influencing in any manner the outcome of
litigation or dispute pending before another court.69 Furthermore, in allowing Atty.
Hermano to take advantage of his fraternity bond, Judge Patron allowed the prestige of
judicial office to advance the private interests of others, conveyed or permitted hos
fraternity ―brod‖ to convey the impression that he is in a special position to influence the
judge.70

The specific violations of Judge Apestado were committed when he allowed himself to
be convinced by Judge Patron to have the dinner meeting with Atty. Hermano to discuss
how the case may be expedited. In performing judicial duties, judges shall be
independent form judicial colleagues in respect of decisions which the judge is obliged to
make independently.71 Finally, in having dinner meeting with Atty. Hermano who has a
pending case with his sala, Judge Apestado has exhibited an appearance of impropriety
in his activities.72

2000 BAR: Atty. J requested Judge K to be a principal sponsor at the wedding of his son.
Atty. J met Judge K a month before during the IBP-sponsored reception to welcome Judge K
into the community, and having learned that Judge K takes his breakfast at a coffee shop
near his (Judge K's) boarding house, Atty. J made it a point to be at the coffee shop at about
the time that Judge K takes his breakfast. Comment on Atty. J's acts. Do they violate the
Code of Professional Responsibility?

63
Code of Professional Responsibility, Canon 13, Rule 13.01
64
Ibid., Canon 13, Rule 13.01
65
Canons of Professional Ethics, canon 3, 2nd par., 1st sentence
66
Ibid., Canon 3, 2nd par., 2nd sentence
67
New Code of Conduct for the Philippine Judiciary, Canon 2, Sec.1
68
Ibid., Canon 4, Sec. 1
69
Ibid., Canon 1, Sec. 3
70
Ibid., Canon 1, Sec 4, 2nd sentence
71
Ibid., Canon 1, Sec. 2
72
Ibid., Canon 4, Sec 1
26
ANS: Yes, his actions violate the Code of Professional Responsibility. Canon 13 of the
said Code provides that 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 of the same Code provides that a lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for, cultivating familiarity with Judges.
Atty. J obviously sought opportunity for cultivating familiarity with Judge K by being at the
coffee shop where the latter takes his breakfast, and is extending extraordinary attention
to the judge by inviting him to be a principal sponsor at the wedding of his son.

1994 BAR: After a study of the records and deciding that plaintiff was entitled to a favorable
Judgment, Judge Reyes requested Atty. Sta. Ana, counsel for the plaintiff, to prepare the
draft of the decision. Judge Reyes then reviewed the draft prepared by Atty. Sta. Ana and
adopted it as his decision for plaintiff. Judge Reyes saw nothing unethical in this procedure
as he would ask the other party to do the same if it were the prevailing party.

Please comment on whether Judge Reyes' approach to decision-writing is ethical and

proper.

ANS: This procedure of Judge Reyes is unethical because the judge is duty bound to
study the case himself; he must personally and directly prepare his decisions and not
delegate it to another person especially a lawyer in the case.73

ALTERNATIVE ANS: In the case of Lantoria v. Bunyi74, a lawyer was suspended for
preparing drafts of decisions for a judge. The Supreme Court held that this violated
Canon No. 13 and Rule 13.01 of the Code of Professional Responsibility which provide
that:

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

Rule 13.01 – A lawyer should not extend extraordinary attention or hospitality to nor seek
opportunity for cultivating familiarity with the judge.

Conversely, therefore, a judge should not ask lawyers of parties to a case before him to
draft his decisions. ―A judge should so behave at all times as to promote public
confidence in the integrity and impartiality of the judiciary."75

2001 BAR: Atty. A is offered professional engagement to appear before Judge B who is A’s
relative, compadre and former office colleague. Is A ethically compelled to refuse the
engagement? Why?

ANS: There is no ethical constraint against a lawyer appearing before a judge who is a
relative, compadre or former office colleague as long as the lawyer avoids giving the
impression that he can influence the judge. On the other hand, the judge is required by
the Code of Judicial Conduct not to take part in any proceeding where his impartiality
may be reasonably questioned.76 Among the grounds for mandatory disqualification of

73
See Section 1. Rule 36, Rules of Court
74
209 SCRA 528
75
Rule 2.01, Code of Judicial Conduct
76
Code of Judicial Conduct, Rule 3.12
27
the judge is if any of the lawyers is a relative by consanguinity or affinity within the fourth
degree.

2010 BAR: Rico, an amiable, sociable lawyer, owns a share in Marina Golf Club, easily one
of the more posh golf courses. He relishes hosting parties for government officials and
members of the bench.

One day, he had a chance meeting with a judge in the Intramuros golf course. The two
readily got along well and had since been regularly playing golf together at the Marina Golf
Club.
a. If Atty. Rico does not discuss cases with members of the bench during parties and
golf games, is he violating the Code of Professional Responsibility? Explain.
b. How about the members of the bench who grace the parties of Rico, are they
violating the Code of Judicial Conduct? Explain.

ANS:
a. Yes. A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with judges.77 Moreover, he should refrain
from any impropriety which gives the appearance of influencing the court.78 In
regularly playing golf with judges, Atty. Rico will certainly raise the suspicion that
they discuss cases during the game, although they actually do not. However, if
Rico is known to be a non-practicing lawyer, there is not much of an ethical
problem.
b. Members of the bench who grace the parties of Atty. Rico would be guilty of
violating Sec. 3, Canon 4 of the New Code of Judicial Conduct for the Philippine
Judiciary which provides that ―judges shall, in their personal relations with
individual members of the legal profession who practice regularly in their court,
avoid situations which might reasonably give rise to the suspicion or appearance
of favoritism or partiality‖. It has been held that ―if a judge is seen eating and
drinking in public places with a lawyer who has cases pending in his or her sala,
public suspicion may be aroused, thus tending to erode the trust of litigants in the
impartiality of the judge.‖79 But if Atty. Rico is not a practicing lawyer, such
suspicion may not be aroused.

5. The clients
a. Availability of service without discrimination
i. Services regardless of person’s status

2000, 1996 BAR: M was criminally charged with violation of a special law. He tried to
engage the service of Atty. N. Atty. N believed, however, that M is guilty on account of which
he declined. Would it be ethical for Atty. N to decline? Explain.

ANS: It would not be ethical for Atty. N to decline. Rule 14.01 of the Code of
Professional Responsibility provides that’ 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. It is for the judge, not the lawyer, to
decide the guilt of the accused, who is presumed to be innocent until his guilt is proved
beyond reasonable doubt by procedure recognized by law.
77
Code of Professional Responsibility, Rule 13.01
78
CPR, Canon 13
79
Padilla v. Zantua, 237 SCRA 670
28
2004 BAR: Atty. DD’s services were engaged by Mr. BB as defense counsel in a lawsuit. In
the course of the proceedings, Atty. DD discovered that Mr. BB was an agnostic and a
homosexual. By reason thereof, Atty. DD filed a motion to withdraw as counsel without Mr.
BB’s express consent. Is Atty. DD’s motion legally tenable? Reason briefly.

ANS: No. Atty. DD’s motion is not legally tenable. He has no valid cause to terminate his
services. His client, Mr. BB, being an agnostic and homosexual, should not be deprived
of his counsel’s representation solely for that reason. 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.80

1990 BAR: Your services as a lawyer are engaged by John Dizon to defend him from the
charge of malversation of public funds before the Sandiganbayan. John confessed to you
that he actually misappropriated the amount charged but he said it was out of extreme
necessity to pay for the emergency operation of his wife. Will you agree to defend him?
State your reason.

ANS: I will agree to defend him, notwithstanding his confession to me that he actually
misappropriated the amount. Rule 14.01 of the Code of Professional Responsibility
provides that a lawyer shall not decline to represent a person because of his own
opinion regarding the guilt of the person. One of the duties of an attorney is that he
should, in the defense of a person accused of a crime, by all fair and honorable means
regardless of his personal opinion as to guilt of the accused, present every defense that
the law permits, to the end that no person may be deprived of life liberty but by due
process of law. The burden of proof lies with the prosecution and if the prosecution fails
to discharge such burden, the lawyer can always invoke the presumption of innocence
for the acquittal of his client. If the prosecution proves the guilt of the accused beyond
reasonable doubt, the lawyer can strive to lower the penalty by presenting mitigating
circumstances, for he is not necessarily expected to sustain the client’s innocence. A
lawyer is an advocate, not a judge, and if he has rendered effective legal assistance to
his client as allowed by law, he can rightfully say that he has faithfully discharged his
duties as a lawyer, even if the accused is found guilty by the court.

ii. Services as counsel de oficio

1991 BAR: May a lawyer decline an appointment by the court as counsel de oficio for an
accused because he believes, and is fully convinced that the accused is guilty of the crime
charged?

ANS: A lawyer may not decline an appointment as counsel de oficio even if he is

convinced that the accused is guilty. It is his obligation to at least protect his rights. He
might even have him acquitted or at least reduce his penalty depending on the evidence
presented during the trial.

1996 BAR: In a homicide case, Atty. M was appointed by the Court as counsel de oficio for
F, the accused. After trial, F was acquitted. Atty. M sent F a bill for attorney’s fees.
a. Can F be compelled to pay? Explain.

80
Code of Professional Responsibility, Canon 14, Rule 14.01
29
 b. Can F employ a counsel de parte to collaborate with Atty. M, his counsel de oficio?
Explain.

ANS:
a. No, F may not be compelled to pay attorney’s fees. A counsel de officio is a
lawyer appointed to render professional services in favor of an indigent client. In
the absence of a law allowing compensation, he cannot charge the indigent
litigant for his professional services. One of the obligations which the lawyer
assumed when he took his oath as a lawyer is to render free legal services when
required by the law to do so. The Rules of Court provides a token compensation
for an attorney de officio to be paid by the state.
b. He may do so, but if he can afford to employ a counsel de parte, then he is no
longer indigent and will not need a counsel de officio. The latter can withdraw as
his counsel if he chooses to.

1994 BAR: Atty. Aguirre, as counsel de oficio for Boy Batongbakal, was able to win an
acquittal for Boy who was charged with robbery in band. A year later, Atty. Aguirre
discovered that Boy in fact had a lot of money which he had been bragging was part of the
loot in the crime for which he was acquitted. Knowing that Boy could no longer be
prosecuted on the ground of double jeopardy, Atty. Aguirre sent him a bill for his services as
his counsel de oficio. Please give your reasoned comments on the ethical considerations
involved, if any, in the above case.

ANS: A counsel de oficio is a lawyer appointed by the court to defend an indigent

defendant in a criminal case. The lawyer designated as counsel de officio cannot charge
the indigent litigant for his professional services. In a sense, there is no contract for legal
services between him and the defendant. In the absence of an express or implied
contract, there is no obligation to compensate. Suing his client for attorney’s fees might
also involve a violation of the confidential nature of a lawyer-client relationship.

1993 BAR: Atty. Vidal, a semi-retired Metro Manila law practitioner, has a cattle ranch in the
remote municipality of Caranglan, Nueva Ecija. He attends to his law office in Manila on
Mondays, Tuesdays and Wednesdays, and spends the rest of the week in his cattle ranch
riding horses and castrating bulls. In a criminal case pending before the Municipal Trial Court
of Caranglan, the only other licensed member of the Bar is representing the private
complainant. The accused is a detention prisoner. The judge wants to expedite proceedings.
a. What must the judge do to expedite proceedings?
b. If Attorney Vidal is appointed to act as counsel de oficio for the accused, could he
refuse by saying that in the province, he does not want to do anything except ride
horses and castrate bulls? Explain.

ANS:
a. The judge may appoint Atty. Vidal as counsel de oficio in order to expedite the
proceedings. This is especially because the accused is a detention prisoner who
is presumed to be indigent and cannot retain a paid counsel.
b. Atty. Vidal cannot validly refuse the appointment as counsel de oficio. While it is
true that he stays in the province to rest during the latter part of the week as
lawyer he must comply with his oath to assist in the administration of justice.
Precisely one of the objectives of the Integrated Bar is to compel all lawyers in
the active practice of law to comply with their obligation to assist the courts in the
administration of justice.
30
2015 BAR: Give three instances when a lawyer is allowed to withdraw his/her services.

ANS:
1. When the client pursues an illegal or immoral course of conduct in connection
with the matter he is handling;
2. When the client insists that the lawyer pursue conduct violative of these canons
and rules;
3. When his inability to work with co-counsel will not promote the best interest of the
client;
4. When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively;
5. When the client deliberately fails to pay the fees for the services or fails to comply
with the retainer agreement;
6. When the lawyer is elected or appointed to a public office; and
7. Other similar cases.

2001 BAR: When may refusal of a counsel to act as counsel de oficio be justified on
grounds aside from reasons of health, extensive travel abroad, or similar reasons of
urgency? Support your answer.

ANS: Other justified grounds for refusal to act as counsel de oficio are:
a. Too many de oficio cases assigned to the lawyer81;
b. Conflict of interest82;
c. Lawyer is not in a position to carry out the work effectively or competently83;
d. Lawyer is prohibited from practicing law by reason of his public office which
prohibits appearances in court; and
e. Lawyer is preoccupied with too many cases which will spell prejudice to the new
clients.

2014 BAR: A is accused of robbery in a complaint filed by B. A sought free legal assistance
from the Public Attorney’s Office (PAO) and Atty. C was assigned to handle his case. After
reviewing the facts as stated in the complaint and as narrated by A, Atty. C is convinced that
A is guilty.
a. May Atty. C refuse to handle the defense of A and ask to be relieved? Explain fully.
b. In problem (a), if the lawyer is counsel de parte for the accused and he learns later
after accepting the case and while trial is ongoing that his client was indeed the
perpetrator of the crime, may the lawyer withdraw his appearance from the case?
Why or why not?

ANS:
a. Rule 14.04 of the Code of Professional Responsibility provides that a lawyer shall
not decline to represent a person solely on account of his own opinion regarding
the guilt of the said person. It is not the duty of a lawyer to determine whether the
accused is guilty or not, but the judge’s. Besides, in a criminal case, the accused
is presumed innocent, and he is entitled to an acquittal unless his guilt is proven

81
People v. Daeng, 49 SCRA 222
82
Rule 14.03, CPR
83
supra
31
 beyond reasonable doubt. The role of the lawyer is to see to it that his
constitutional right to due process is observed.
b. He may withdraw his appearance but in accordance with procedure in Sec. 26,
Rule 138 of the Rules of Court. Moreover, Rule 19.02 of the Code of Professional
Responsibility provides that ―a lawyer who has received information that his client
has, in the course of the representation, perpetuated 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.‖

iii. Valid grounds for refusal

b. Candor, fairness, and loyalty to clients
i. Confidentiality rule
ii. Privileged communication

1999 BAR: A, who is charged in Court with estafa for misappropriating funds entrusted to
him by B, consulted Atty. C about the case with the intention of engaging his services as
defense counsel. Because A could not afford to pay the fee that Atty. C was charging him, A
engaged the services of another counsel, Atty. D. At the trial of the case for the estafa
against A, the prosecutor announced in open court that his next witness was Atty. C, whom
he was calling to the witness stand. Counsel for A, Atty. D, vigorously opposed the
prosecutor’s move on the ground Atty. C may not be called as witness for the prosecution as
he might disclose a would-be client’s confidence and secret. Asked by the presiding Judge
what would be the nature of Atty. C’s testimony, the prosecutor said it has something to do
with how A obtained from B the funds that the latter received from the former but failed to
account for. Thereupon, Atty. A vigorously opposed the prosecutor’s motion. If you were the
Judge, how would you rule on the matter?

ANS: If I were the judge, I will not allow Atty. C to take the witness stand. When A
consulted Atty. C about his case, a lawyer-client relationship was established between
them. It does not matter that A did not eventually engage his services because of his
fees; such relationship has already been created.84 A lawyer shall be bound by the rule
on privileged communication in respect to matters disclosed to him by a prospective
client.85 The rule on privileged communication provides that an attorney cannot, without
the consent of his client, be examined as to any communication made by the client to
him.86 The prosecutor has announced that Atty. C will be asked about how A obtained
from B the funds that he failed to account for. Atty. C’s knowledge of such matter could
have come only from A.

2006 BAR: In the course of a drinking spree with Atty. Holgado who has always been his
counsel in business deals, Simon bragged about his recent sexual adventures with socialites
known for their expensive tastes. When Atty. Holgado asked Simon how he manages to
finance his escapades, the latter answered that he has been using the bank deposits of rich
clients of Banco Filipino where he works as manager. Is Simon’s revelation to Atty. Holgado
covered by the Attorney-client privilege?

ANS: Simon’s revelation to Atty. Holgado is not covered by the lawyer-client privilege. In
the first place, it was not made on account of a lawyer-client relationship, that is, it was

84
Hilado v. David, 84 Phil 569
85
Code of Professional Responsibility, Rule 15.02
86
Rules of Court, Rule 130, Sec. 21 [b]
32
not made for the purpose of seeking legal advice. In the second place, it was not made
in confidence.87 In the third place, the attorney-client privilege does not cover information
concerning a crime or a fraud being committed or proposed to be committed.

2015 BAR: Maria and Atty. Evangeline met each other and became good friends at zumba
class. One day, Maria approached Atty. Evangeline for legal advice. It turned out that Maria,
a nurse, previously worked in the Middle East. So she could more easily leave for work
abroad, she declared in all her documents that she was still single. However, Maria was
already married with two children. Maria again had plans to apply for work abroad but this
time, wished to have all her papers in order. Atty. Evangeline, claiming that she was already
overloaded with other cases, referred Maria’s case to another lawyer. Maria found it
appalling that after Atty. Evangeline had learned of her secrets, the latter refused to handle
her case.

Maria’s friendship with Atty. Evangeline permanently turned sour after Maria filed an
administrative case against the latter for failing to return borrowed jewelry. Atty. Evangeline,
on the other hand, threatened to charge Maria with a criminal case for falsification of public
documents, based on the disclosures Maria had earlier made to Atty. Evangeline.

Was the consultation of Maria with Atty. Evangeline considered privilege?

ANS: The consultation of Maria with Atty. Evangeline is considered privileged. The
moment the complainant approached the then receptive respondent to seek legal
advice, a veritable lawyer-client relationship evolved between the two. Such relationship
imposes upon the lawyer certain restrictions circumscribed by the ethics of the
profession. Among the burdens of the relationship is that which enjoins the lawyer to
keep inviolate confidential information acquired or revealed during legal consultations.
The fact that one is, at the end of the day not inclined to handle the client’s case is
hardly of consequence. Of little moment too, is the fact that no formal professional
engagement follows consultation. Nor will it make any difference, that no contract
whatsoever was executed by the parties to memorialize the relationship.88

iii. Conflict of interest

2016 BAR: St. Ivan’s Hospital, Inc. (St. Ivan’s) and allied Construction Co. (Allied)
separately retained the legal services of Tomas and Benedicto Law Offices. St. Ivan’s
engaged the service of Allied for the construction of a new building but failed to pay the
contract price after the completion of the works. A complaint for sum of money was filed by
Atty. Budoy, a former associate of Tomas and Benedicto Law Offices, on behalf of Allied
against St. Ivan’s. St. Ivans, lost the case and was held liable to Allied.

Thereafter, St. Ivan’s filed a disbarment complaint against Atty. Budoy. It claimed that while
Atty. Budo has established his own law office, an arrangement was made whereby Tomas
and Benedicto Law Offices assign cases for him to handle, and that it can be assumed that
Tomas and Benedicto Law Offices collaborate with Atty. Budo in the cases referred to him,
creating a conflict of interest. Rule on the complaint with reasons.

ANS: I will rule in favor of St. Ivan’s and against Atty. Budoy. St. Ivan’s was a client of
Tomas and Benedicto Law Offices, of which Atty. Budoy was an associate attorney. As

87
Mercado v. Vitriolo, 459 SCRA 1
88
Hadjula v. Madianda, A.C. No. 6711, July 3, 2007
33
such, St. Ivan’s was also his client, because of the principle that when a party hires a law
firm, he hires all the lawyers therein. Moreover, Atty. Budoy was in a position to know the
information transmitted by St. Ivan’s to the firm. ―There is conflict of interest if the
acceptance of a new retainer will require the lawyer to perform a act which will injuriously
affect his new client in any matter in which he represents him, and also whether he will
be called upon in his new relation to use against his first client any knowledge acquired
during their relation.‖89

―As such, a lawyer is prohibited from representing new clients whose interests oppose
those of a former client in any manner, whether or not they are parties in the same
action or on totally unrelated cases. The prohibition is founded on the principles of public
policy and good taste.‖90

1997 BAR: Mrs. F, a young matron, was referred to you for legal advice by your good friend
in connection with the matron’s jewelry business. She related to you the facts regarding a
sale on consignment of pieces of jewelry to someone she did not name or identify. Since she
was referred to you by a close friend, you did not bill her for the consultation. Neither did she
offer to compensate you. Six months later, Mrs. G, the wife of the general manager of a
client company of your law firm, asked you to defend her in a criminal case for estafa filed by
Mrs. F. Would you agree to handle her case?

ANS: First, I will inquire if the case for estafa filed by Mrs. F against the wife of the
general manager is the same matter concerning which Mrs. F consulted me six months
before. If it is a same matter, I will not be able to handle the case for the general
manager’s wife, because of a conflict of interests. When Mrs. F consulted me and I give
her professional advice, a lawyer-client relationship was created between us, regardless
of the fact that I was not compensated for it. It would involve a conflict of interests if I will
handle the case for the opposite party on the same matter.91

2009, 1997, 1993 BAR: Explain your understanding of ―Conflict of Interests‖ under the Code
of professional Responsibility.

ANS: A lawyer is prohibited from representing conflicting interests. There is conflict of

interests within the context of the rule when, on behalf of client, it is the lawyer’s duty to
contend for that which his duty to another client requires him to oppose. Another test is
whether the acceptance of a new lawyer-client relation will prevent a lawyer from
discharging fully his duty of undivided fidelity and loyalty to another client or invite
suspicion of unfaithfulness or double-dealing in the performance thereof.

It is improper for a lawyer to appear as counsel for one party against his present client
even in a totally unrelated case. With regard to former client, the traditional rule is to
distinguish between related and unrelated cases. A lawyer may not represent a
subsequent client against former client in a controversy that is related, directly or
indirectly, to the subject matter of the previous litigation in which he appeared for the
former client, otherwise, he may. However, in the case of Rosacia vs. Atty.B.
Bulalacao,92 the Supreme Court ruled that a lawyer may not accept a case against a
former client, even on an unrelated matter.

89
Hornilla v. Salunat, 453 Phil. 108, July 01, 2003
90
Anglo v. Atty. Valencia, A.C. No. 10567, Feb. 25, 2015
91
Hilado v. David, 84 Phil. 571
92
248 SCRA 665
34
The Court reiterates that an attorney owes loyalty to his client not in the case in which he
has represented him but also after the relation of attorney and client has terminated as it
is not good practice to permit afterwards to defend in another case other person against
his former client under the pretext that the other case. It behooves respondent not only
to keep inviolate the client’s confidence but also to avoid the appearance of treachery
and double-dealing for only then can litigants be encouraged to entrust their secrets to
their attorneys which is of paramount importance in the administration of justice.

1992 BAR: Atty. Belle Montes is a former partner in the Rosales Law Office which is
representing Corporation X before the Securities and Exchange Commission. Atty. Montes
who is now practicing on his own, entered her appearance as counsel for Corporation Y in a
suit between said corporation and Corporation X. Atty. Montes claims that since she did not
personally handle the case of Corporation X when she was still with the Rosales Law Office
she will not be representing conflicting interests. Is such argument valid? Explain.

ANS: Atty. Belle Montes will be deemed to be appearing for conflicting interests if she
appears for Corporation Y against Corporation X.

This question is similar to the case of Philippine Blooming Mills v. Court of Appeals. In
said case, the Philippine Blooming Mills was the retainer of the ACCRA Law Office.
Three lawyers of the ACCRA Law Office separated from said law firm and established
their own law office. The three lawyers were disqualified from appearing for a
corporation against the Philippine Blooming Mills.

The rule which prohibits appearing for conflicting interests applies to law firms. The
employment of one member of a law firm is considered as an employment of the law firm
and that the employment of a law firm is equivalent to a retainer of the members thereof.

2014 BAR: R is a retained counsel of ABC Bank-Ermita Branch. One day, his balikbayan
compadre, B, consulted him about his unclaimed deposits with the said branch of ABC Bank,
which the bank had refused to give to him claiming that the account had become dormant. R
agreed to file a case against the bank with the Regional Trial Court (RTC) of Manila. B lost
the case, but upon the advice of R, he no longer appealed the decision. B later discovered
that R was the retained counsel of ABC Bank-Ermita Branch. Does B have any remedy?
Discuss the legal and ethical implications of the problem.

ANS: Atty. R clearly violated the rule against representing conflicting interests.93 B may
file an action to set aside the judgment on the theory that if a lawyer is disqualified from
appearing as counsel for a party on account of conflict of interests, he is presumed to
have impropriety and prejudicially advised and represented the party in the conduct of
the litigation from beginning to end. He may also file an action for damages against Atty.
R, aside from an administrative complaint due to his misconduct. He was prejudiced by
the adverse decision against him, which he no longer appealed upon the advice of Atty.
R.

2003 BAR: You are the counsel for the estate of a deceased person. Your wife is a
practicing Certified Public Accountant. She was asked by her client to prepare and submit an

93
Rule 15.03, Code of Professional Responsibility
35
itemized claim against the estate you are representing. She asks for your advice on the legal
propriety of her client’s claim. What advice would you give her? Explain.

ANS: I would advise her that it will be improper for her to handle her client’s claim
against the estate. As a counsel for the estate, it is my duty to preserve the estate. Her
client’s claim seeks to reduce the said estate. If she will handle such claim, I can be
suspected of representing conflicting interests. The interests of the estate and of its
creditors are adverse to each other.94 Even if she is a different person, the fact that she
is my wife will still give rise to the impression that we are acting as one.

1997 BAR: You are the lawyer of Mr.‖H‖, the plaintiff, in a civil case for rescission of
contract. The prospects for an amicable settlement look bright. Impressed by your ability, Mr.
―I‖, the defendant, would like very much to retain you as his defense counsel in a criminal
case for homicide through reckless imprudence. Mr. ―I‖ wants you to forthwith enter your
appearance, the arraignment already having been scheduled. Would you accept the offer?

ANS: It depends. If the criminal case for homicide through reckless imprudence is
against Mr. ―H‖, I cannot accept the same for that will involve a conflict of interest,
although it is an unrelated case.

But if it will not involve Mr. ―H‖, I can accept the same. However, to avoid suspicion and
misunderstanding, it would be better if I inform Mr. ―H‖ about the offer and secure his
conformity to my handling the same.

1991 BAR: Atty. B acted as counsel for C in a civil case. He also acted as counsel for D
against C in another civil case. When D lost his case against C, he filed an administrative
complaint against Atty. B for conflict of interests. Decide.

ANS: If the case of C in the first case is entirely different and not related with the case of
D against C, there is no conflict of interests. If the two cases however are related
wherein the attorney has knowledge of the evidence of C then there is conflict of
interests. Rule 15.01 provides that: 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. Rule
15.03 further provides that: A lawyer shall not represent conflicting interests except by
written consent of all concerned given after a full disclosure of the facts.

1994 BAR: The law firm of Sale, Santiago and Aldeguer has an existing and current
retainership agreement with XYZ Corporation and ABC Company, both of which were
pharmaceutical firms. XYZ Corporation discovered that a number of its patented drugs had
been duplicated and sold in the market under ABC Company’s brand names. XYZ
Corporation turned to the law firm and asked it to bring suit against ABC Company for patent
infringement on several counts. What are the ethical considerations involved in this case and
how are you going to resolve them?

ANS: A lawyer may refuse to accept the representation of a client if he labors under
conflict of interests between him and the prospective client or between a present client
and the prospective client.95 It is unprofessional for a lawyer to represent conflicting

94
Nakpil v. Valdez, 288 SCRA 75
95
Code of Professional Responsibility, Canon 14, Rule 14.03
36
interests, except by express consent of all concerned given after full disclosure of the
fact.96 A lawyer cannot accept a case against a present client either in the same case or
in a totally unrelated case.

2006, 1999 BAR: Atty. Juan Cruz, a practicing lawyer, was employed by Pilipinas Bank as
its bank attorney and notary public in three of its branches in Manila. While thus employed,
Maria del Rio, who was unaware of Atty. Cruz’s employment in the bank, engaged Atty.
Cruz’s services as a lawyer in a case that was filed by Pilipinas Bank for collection of sum of
money involving one of its branches in Quezon City which Atty. Cruz accepted. The Quezon
City Regional Trial Court, after due proceeding and hearing, rendered judgment in favor of
Pilipinas Bank and against Maria del Rio who wanted to appeal the adverse judgment. But
upon advice of Atty. Cruz, the adverse judgment was not appealed. Thereafter, Maria del
Rio learned Atty. Cruz was employed by Pilipinas Bank as one of its attorneys. She now
consults with you and asks you to take legal steps against Atty. Cruz for his apparent
misconduct. What do you think of what Atty. Cruz did? Is there a valid and legal basis to
discipline him?

ANS: In agreeing to represent Maria del Rio in a case which Pilipinas Bank filed against
her, Atty. Cruz violated the rule against representing conflicting interests. Rule 15.03 of
the Code of Professional Responsibility provides that a lawyer shall not represent
conflicting interests except by written consent of all concerned after a full disclosure of
the facts. It is improper for a lawyer to appear as counsel for a person whose interest
conflicts with that of his present or former client, even in an unrelated case.97 It does not
matter that the Pilipinas Bank branch in Quezon City is not one of the branches he
services in Manila. The bank itself is his client. This constitutes malpractice for which
Atty. Cruz can be disciplined.

1993 BAR: Huey Company and Dewey Corporation are both retainer clients of Atty. Anama.
He is the Corporate Secretary of Huey Company. He represents Dewey Corporation in three
pending litigation cases. Dewey Corporation wants to file a civil case against Huey Company
and has requested Atty. Anama to handle the case. What are the options available to Atty.
Anama? Explain your answer.

ANS: The options available to Atty. Anama are:

1. To decline to accept the case because to do so will constitute representing
conflicting interests. It is unethical for a lawyer to represent a client in a case
against another client in the said case.
2. To accept to file the case against Huey Company, after full disclosure to both
retained clients and upon their express and written consent. The written consent
may free him from the charge of representing conflicting interests, because
written consent amounts to a release by the clients of the lawyer’s obligation not
to represent conflicting interests.

2005 BAR: Atty. Japzon, a former partner of XXX law firm, is representing Kapuso
Corporation in a civil case against Kapamilya Corporation whose legal counsel is XXX law
firm. Atty. Japzon claims that she never handled the case of Kapamilya Corporation when
she was still with XXX law firm. Is there a conflict of interests? Explain.

96
Canons of Professional Ethics, Canon 6
97
Philippine National Bank v. Cedo, 243 SCRA 1
37
ANS: There is a conflict of interests when a lawyer represents inconsistent interests.
This rule covers not only cases in which confidential communications have been
confided, but also those in which no confidence has been bestowed or will be used.
Also, there is conflict of interests if the new retainer will require the attorney to perform
an act which will injuriously affect his first client in any matter in which he represents him
and also whether he will be called upon in his new relation to use against his first client
any knowledge acquired through their connection.98 Since Atty. Japzon was a partner of
the XXX law firm which has Kapamilya Corporation as its client, she cannot handle a
case against it as such will involve conflict of interests. The employment of a law firm is
equivalent to the retainer of the members therof. It does not matter if Atty. Japzon never
handled a case of the Kapamilya Corporation when she was still with the XXX law firm.

iv. Candid and honest advice to clients

v. Compliance with laws
vi. Concurrent practice with another profession
c. Client’s money and properties
i. Fiduciary relationship

1990 BAR: A lawyer charged his client P10, 000.00 for filing fees pertaining to the complaint
he filed in court. He actually spent only P1, 000.00. He did not account the balance. May his
client charge him for misconduct as a member of the Philippine bar? Explain your answer.

ANS: The client may charge his lawyer with misconduct for not accounting for the
balance on P9, 000.00. It is well-settled that where the client gives his lawyer money for
a specific purpose, such as to pay the docket fees for the filing of an action in court, so
much of the money not used for the purpose belongs to the client and the lawyer holds
in it trust for him. And it is the lawyer’s duty to promptly account for all money received
from his client. For this reason, the lawyer’s failure to account for the balance of the
money not spent for filing fees will render him liable for misappropriation, which is a
ground for disbarment.

ii. Co-mingling of funds

iii. Delivery of funds

2000 BAR: D was charged with estafa by C before the barangay for misappropriating the
proceeds of sale of jewelry on commission. In settlement of the case, D turned over to the
barangay captain, a lawyer, the amount of P2, 000.00 with the request that the barangay
captain turn over the money to C. Several months passed without C being advised of the
status of her complaint. C contacted D who informed her that she (D) had long before turned
over the amount of P2, 000.00 to the barangay captain who undertook to give the money to
her (C). C thus filed a case against the barangay captain who at once remitted the amount of
P2, 000.00 to C. May the barangay captain be faulted administratively? Explain.

ANS: Yes. The Code of Professional Responsibility applies to lawyers who are in the
government service. As a general rule, a lawyer who holds a government office may not
be disciplined as a member of the bar for misconduct in the discharge of his office as a
government official. However, if that misconduct as a government official is of such
character as to affect his qualification as a lawyer or to show moral delinquency, then he

98
Santos vs. Beltran, 418 SCRA 17
38
may be disciplined as a member of the bar on such ground.99 In the case of Penticostes
v. Ibanez,100 a barangay captain who failed to remit for several months the amount given
to him for payment of an obligation, was found to have violated the Code of Professional
Conduct.

2009 BAR: Marlyn, a widow engaged the services of Atty. Romanito in order to avert the
foreclosure of several parcels of land mortgaged by her late husband to several creditors.
Atty. Romanito advised the widow to execute in his favor deeds of sale over the properties,
so that he could sell them and generate funds to pay her creditors. The widow agreed. Atty.
Romanito did not sell the properties, but paid the mortgage creditors with his own funds, and
had the land titles registered in his name. Atty. Romanito succeeds in averting the
foreclosure. Is he administratively liable? Reasons.

ANS: Yes, Atty. Romanito is administratively liable. The basic facts in this case are the
same as the facts in Hernandez v. Go,101 where the Supreme Court found the lawyer to
have violated Canons 16 and 17 of the Code of Professional Responsibility, and
disbarred him. The Supreme Court held that a lawyer’s acts of acquiring for himself the
lots entrusted to him by his client are, by any standard, acts constituting gross
misconduct. The lawyer in that case was disbarred.

iv. Borrowing or lending

d. Fidelity to client’s cause

2009, 2007 BAR: C engaged the services of attorney D concerning various mortgage
contracts entered into by her husband from whom she is separated fearful that her real
estate properties will be foreclosed and of impending suits for sums of money against her.
Attorney D advised C to give him her land titles covering her lots so he could sell them to
enable her to pay her creditors. He then persuaded her to execute deeds of sale in his favor
without any monetary or valuable consideration, to which C agreed on condition that he
would sell the lots and from the proceeds pay her creditors. Later on, C came to know that
attorney D did not sell her lots but instead paid her creditors with his own funds and had her
land titles registered in his name. Did attorney D violate the Code of Professional
Responsibility? Explain.

ANS: The decision of the Supreme Court in the case of Hernandez v. Go102 is squarely
applicable to this problem. Under the same set of facts, the Supreme Court held the
lawyer to have violated Canons 16 and 17 of the Code of Professional Responsibility,
which provide as follows:

Canon 16. A lawyer shall hold in trust all moneys and properties of his client hat may come
into his possession.

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.

The Supreme Court further held that the lawyer concerned has engaged in deceitful,
dishonest, unlawful and grossly immoral acts, which might lessen the trust and

99
Dinsay v. Ctoco, 264 SCRA 703 [1996]
100
304 SCRA 281 [1999]
101
450 SCRA 1 [2005]
102
450 SCRA 1
39
confidence reposed by the public in the fidelity, honesty, and integrity of the legal
profession, consequently, the Court disbarred him.

i. Use of fair and honest means

ii. Client’s fraud
iii. Procedure in handling cases
e. Competence and diligence
i. Adequate protection

2000 BAR: X was indicted for murder. As he had no counsel on arraignment, the trial court
appointed Atty. A as his counsel de oficio. When Atty. A asked X what was his stand, X said
he was guilty. X thereupon pleaded guilty. Trial was thereafter conducted. When the turn of
the defense to present evidence came, Atty. A manifested that he was not presenting any
and that he was submitting the case for decision, praying that X’s plea be considered
mitigating. Did Atty. A’s assistance or conduct approximate the competence and diligence
which the Code of Professional Responsibility expected of him? Explain.

ANS: No. It is the duty of defense counsel when his client desires to enter a plea of
guilty to fully acquaint himself with the facts and surrounding circumstances of the case,
advise his client of his constitutional rights and the full import of a plea of guilty, see to it
that the prescribed procedure is observed, present evidence, including possible
mitigating circumstances, so that the precise degree of his client's culpability is
established and the appropriate penalty is imposed, and thus leave no room for doubt
that there was a mistake or misunderstanding as to the nature of the charges to which
his client has pleaded guilty. Atty. A has fallen short of this required conduct.

1993 BAR: Your services as a lawyer were engaged by Manuel Jalandoni to defend him
from the charge of malversation of public funds before the Sandiganbayan. Manuel
confessed to you that he actually misappropriated the amount out of extreme necessity to
pay for the emergency operation of his wife. Will you agree to defend him? State your
reasons.

ANS: Yes, I will agree to defend Manuel Jalandoni even if he admitted to me that he
malversed public funds. A lawyer has the duty to defend an accused even if he knows
that he is guilty - at least to defend his rights. He might be able to find some mitigating or
extenuating circumstances. Moreover, it is not the lawyer who shall decide whether the
accused is guilty. It is the task of the Judge.

ii. Negligence

1998 BAR: Nene approached Atty. Nilo and asked him if it was alright to buy a piece of land
which Maneng was selling. What was shown by Maneng to Nene was an Original Certificate
of Title with many annotations and old patches, to which Nene expressed suspicion.
However, Atty. Nilo, desirous of pushing through with the transaction because of the high
notarial fee promised to him, told Nene that the title was alright and that she should not
worry since he is an attorney and that he knew Maneng well. He notarized the Deed of Sale
and Nene paid Maneng P 108, 000.00. It turned out that Maneng had previously sold the
same property to another person. For the injustice done to Nene, may Atty. Nilo be
disciplined?

ANS: Yes. Atty. Nilo is guilty of gross negligence in protecting the interests of his client.
A lawyer shall not neglect a legal matter entrusted to him and his negligence in
40
connection therewith shall render him liable.103 Worse, he was negligent because he
placed his own interest in receiving a high notarial fee over and above the Interest of his
client. In the case of Nadayag v. Grageda,104 which involves similar facts, the Supreme
Court held that the lawyer "should have been conscientious in seeing to it that justice
permeated every aspect of a transaction for which his services had been engaged, in
conformity with the avowed duties of a worthy member of the Bar."

2014 BAR: May a lawyer be held liable for damages by his client for the lawyer’s failure to
file the necessary pleadings to prosecute the client’s case and as a result of which the client
suffered damages?

ANS: Yes, he may be held liable. Rule 18.03 of the Code of Professional Responsibility
provides that ―a lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable.‖ But attorney-client
relationship, want of reasonable care and diligence, and injury sustained by the client as
the proximate result thereof, are the prerequisites to the maintenance of an action for
damages against a lawyer.

2002 BAR:
a. State the rule on whether a client is bound by the mistake of his counsel.
b. On account of his mistake, is counsel liable to his client for damages? Explain.

ANS:
a. A client is bound by the mistakes of his lawyer.105 However, when the lawyer has
practically sold his client down the river or when the negligence is so gross that
the client was deprived of due process, the client is not bound by the negligence
of the lawyer.106
b. A lawyer shall not neglect a legal matter entrusted to him and his negligence in
connection therewith shall make him liable.107 A client who suffers prejudice by
reason of his counsel’s inexcusable negligence in the discharge of his duty may
file an action for damages against him. However, there must be a showing that
had the lawyer exercised due diligence, the client under the facts and the law
would have succeeded in recovering from the adverse party or in resisting the
claim of the latter.

iii. Collaborating counsel

2014, 1989 BAR: May a client hire additional counsel as collaborating counsel over and
above the objection of the original counsel?

ANS: Yes, the client is entitled to have as many lawyers as he can afford. Professional
courtesy, however, demands that a lawyer retained as a collaborating counsel should at
least communicate with the original counsel and should at least communicate with the
original counsel before entering his appearance. On the part of the original counsel, he

103
Rule 18.03, Code of Professional Responsibility
104
237 SCRA 202
105
Cabales v. fiery, 94 SCRA 374 (1979); Valerio v. Secretary of Agriculture, 7 SCRA 719(1963)
106
PHHC v. Tiongco, 12 SCRA 471(1964); San Miguel Corp. v. Laguesma, 236 SCRA 595(1994)
107
Rule 18.03, Code of Professional Responsibility
41
should not look at the employment of a collaborating counsel as a loss of confidence in
him.

2001 BAR: Atty. A objects to the collaboration of Atty. B as proposed by Client C in a

pending case. How would A, B and C handle the situation?

ANS: A, B, and C may handle the situation in the following manner:

a. "A" can offer to withdraw his services. Rule 22.01(c) of the Code of Professional
Responsibility allows a lawyer to withdraw his services if his inability to work with
co-counsel will not promote the best interest of his client. Here, by objecting to
the collaboration of Atty. B, Atty. A foresees his inability to work with the former.
―A‖ may with withdraw to give his client a free hand in protecting his interest.
b. "B" should refuse to accept the case, otherwise, he may be encroaching on the
professional employment of another lawyer. 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.108
c. "C" the client must choose only one of the lawyers. If he wants Atty. B as his
lawyer, he should formally terminate the services of "A" so "B" can formally enter
his appearance in the case.

iv. Duty to apprise client

f. Representation with zeal within legal bounds

1995 BAR: Winnie retained the services of Atty. Derecho to file a collection case against
Carmen. Winnie paid Atty. Derecho a sizeable retainer’s fee which the latter accepted. Later,
in the process of determining the amount of debt to be collected from Carmen, Atty. Derecho
noticed that of the total claim of 8.5 Million, certain invoices covering 3.5 Million appeared to
be irregular. Winnie while admitting the irregularity assures her lawyer that there would be no
problem as Carmen was by nature negligent in keeping her records and would not notice the
mistakes anyway. Atty. Derecho tried to convince Winnie to exclude the amount of 3.5
Million but Winnie refused. As a consequence Atty. Derecho terminated their relationship
and withdrew from the case. Was Atty. Derecho right in terminating their relationship and
withdrawing from the case? How about the fact that he had already accepted a sizeable
retainer’s fee from his client? Discuss fully.

ANS: Atty. Derecho was right in terminating the lawyer-client relationship and
withdrawing from the case. Rule 22.01 of the Code of Professional Responsibility
provides that a lawyer may withdraw his services when the client pursues an illegal or
immoral course of conduct in connection with the matter he is handling, or when the
client insists that the lawyer pursue conduct violative of the canons and rules. Rule 15.07
provides that a lawyer shall impress upon his client compliance with the laws and the
principles of fairness. While he owes his client warm zeal, it should always be within the
bounds of the law.109 The fact that Atty. Derecho had already accepted a sizeable
retainer’s fee should make no difference on his decision to withdraw. Moreover, he may
retain the fees he has already received, his withdrawal being justified,110 unless the
same is unconscionable.

108
Canon 7, Canons of Professional Ethics
109
Code of Professional Responsibility, Canon 19
110
Pineda, Legal & Judicial Ethics, 1994 edition, p. 223
42
2009 BAR: What are the three (3) tests to determine conflict of interest for practicing
lawyers? Explain each briefly.

ANS:
1. When in representation of one client, a lawyer is required to fight for an issue or
claim, but is also duty bound to oppose it for another client;
2. When the acceptance of the new retainer will require an attorney to perform an
act that may injuriously affect the first client or when called upon in a new relation
to use against the first client any knowledge acquired through their professional
connection;
3. When the acceptance of a new relation would prevent the full discharge of an
attorney’s duty to give undivided fidelity and loyalty to the client or would invite
suspicion of unfaithfulness or double-dealing in the performance of that duty.111

C. Suspension, Disbarment, and Discipline of Lawyers

D. Readmission to the Bar
E. Mandatory Continuing Legal Education
F. Notarial Practice
G. Duties of Lawwyers under Specific Provisions in the Rules of Court

I. JUDICIAL ETHICS
II. PRACTICAL EXERCISES

111
Northwestern University v. Arquillo, 415 SCRA 513 [2005]
43