Justice Bersamin Ponencia - Legal and Judicial Ethics
Justice Bersamin Ponencia - Legal and Judicial Ethics
Justice Bersamin Ponencia - Legal and Judicial Ethics
A.C. No. 7297 [2009] transcripts of stenographic notes which the court may
order to be furnished him. The amount of the docket
The lack of bad faith notwithstanding, we nonetheless and other lawful fees which the indigent was
concur with the findings of Investigating exempted from paying shall be a lien on any judgment
Commissioner Velez that the respondent's notarizing rendered in the case favorable to the indigent, unless
the amended verification and affidavit of non-forum the court otherwise provides.
hopping in the absence of Bides as the affiant
constituted a clear breach of the notarial protocol and Any adverse party may contest the grant of such
was highly censurable. The jurat is that end part of the authority at any time before judgment is rendered by
affidavit in which the notary certifies that the the trial court. If the court should determine after
instrument is sworn to before her. As such, the hearing that the party declared as an indigent is in fact
notarial certification is essential. Considering that a person with sufficient income or property, the
notarization is not an empty, meaningless, routinary proper docket and other lawful fees shall be assessed
act, the faithful observance and utmost respect of the and collected by the clerk of court. If payment is not
legal solemnity of the oath in the jurat are sacrosanct. made within the time fixed by the court, execution
shall issue for the payment thereof, without prejudice
Being a lawyer commissioned as a notary, the to such other sanctions as the court may impose.
respondent was mandated to discharge with fidelity
the sacred duties appertaining to her notarial office.
Such duties being dictated by public policy and A.M. No. P-09-2676 [2009]
impressed with public interest, she could not
disregard the requirements and solemnities of the Misconduct is a transgression of some established and
Notarial Law. It was emphatically her primary duty as definite rule of action, more particularly, unlawful
a lawyer-notary to obey the laws of the land and to behavior or gross negligence by the public officer. To
promote respect for the law and legal processes. She warrant dismissal from the service, the misconduct
was expected to be in the forefront in the observance must be grave, warrant dismissal from the service, the
and maintenance of the rule of law. She ought to have misconduct must be grave, serious, important,
remembered that a graver responsibility was placed weighty, momentous and not trifling.
upon her shoulders by virtue of her being a lawyer.
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
appearance of favoritism or partiality in their personal should adopt the norm of practice expected of men of
relations with individual members of the legal good intentions. Moreover, a lawyer owes it to
profession who practice regularly in their courts. himself and to his clients to adopt an efficient and
orderly system of keeping track of the developments
Judges should be dignified in demeanor, and refined in his cases, and should be knowledgeable of the
in speech. In performing their judicial duties, they remedies appropriate to his cases.
should not manifest bias or prejudice by word or
conduct towards any person or group on irrelevant
grounds. It is very essential that they should live up to G.R. No. 157315. December 1, 2010
the high standards their noble position on the Bench
demands. Their language must be guarded and Section 1, Rule 137 of the Rules of Court, which
measured, lest the best of intentions be contains the rule on inhibition and disqualification of
misconstrued. judges, states:
In this regard, Section 3, Canon 5 of the New Code of Sec. 1. Disqualification of judges. - No judge or judicial
Judicial Conduct for the Philippine Judiciary, mandates officer shall sit in any case in which he, or his wife or
judges to carry out judicial duties with appropriate child, is pecuniarily interested as heir, legatee,
consideration for all persons, such as the parties, creditor or otherwise, or in which he is related to
witnesses, lawyers, court staff, and judicial colleagues, either party within the sixth degree of consanguinity
without differentiation on any irrelevant ground, or affinity, or to counsel within the fourth degree,
immaterial to the proper performance of such duties. computed according to the rules of the civil law, or in
which he has been executor, administrator, guardian,
trustee or counsel, or in which he has presided in any
A.M. No. RTJ-05-1924. October 13, 2010 inferior court when his ruling or decision is the subject
of review, without the written consent of all parties in
Section 15 (1), Article VIII, of the Constitution requires interest, signed by them and entered upon the record.
a trial judge to dispose of all cases or matters within
three months from the time of their submission for A judge may, in the exercise of his sound discretion,
decision. Conformably with the constitutional disqualify himself from sitting in a case, for just or
prescription, Rule 3.05, Canon 3 of the Code of valid reasons other than those mentioned above.
Judicial Conduct admonishes all judges to dispose of
their courts' business promptly and to decide cases The self-inhibition of Judge Dabalos was one taken in
within the required period. Unless every trial judge accordance with the second paragraph of Section 1.
earnestly, painstakingly, and faithfully complies with
this mandate of efficiency, the present clogged The second paragraph of Section 1 (unlike the first
dockets in our judicial system cannot be cleared. paragraph) does not expressly enumerate the specific
grounds for inhibition. This means that the
The Court has impressed upon trial judges the need to determination of the grounds is left to the sound
decide cases promptly and expeditiously to accord discretion of the judge, who must discern with only
with the time-honored precept that justice delayed is his or her conscience as guide on what may be just
justice denied. and valid reasons for self-inhibition. The vesting of
discretion necessarily proceeds from the reality that
there may be many and different grounds for a judge
to recuse from a case, and such grounds cannot all be
catalogued in the Rules of Court.
G.R. No. 154124. August 4, 2010
We hold that although a trial judge who voluntarily
A client is generally bound by the mistakes of his inhibits loses jurisdiction to hear a case, he or she may
lawyer; otherwise, there would never be an end to a decide to reconsider the self-inhibition and re-assume
litigation as long as a new counsel could be employed, jurisdiction after a re-assessment of the
and who could then allege and show that the circumstances giving cause to the inhibition.
preceding counsel had not been sufficiently diligent or
experienced or learned. The legal profession demands The discretion to reconsider acknowledges that the
of a lawyer that degree of vigilance and attention trial judge is in the better position to determine the
expected of a good father of a family; such lawyer issue of inhibition, and a reviewing tribunal will not
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
disturb the exercise of that discretion except upon a true obligation as a lawyer should not be warped by
clear and strong finding of arbitrariness or any misplaced sense of his rights and interests as a
whimsicality. Thus, Judge Dabalos' re-assumption of litigant, because he was, above all, bound not to
jurisdiction was legally tenable, having come from his unduly delay a case, not to impede the execution of a
seizing the opportunity to re-assess the circumstances judgment, and not to misuse Court processes.
impelling his self-inhibition upon being faced with the Consequently, he must be made to account for his
urgent need to hear and resolve CBS's application for misconduct as a lawyer.
preliminary injunction. Such action was commendable
on his part, given that the series of self-inhibitions by
the other RTC Judges had left no competent judge in A.M. No. RTJ-04-1845
the station to hear and resolve the application. It can
even be rightly said that a refusal by Judge Dabalos to Every judge should be faithful to the law and should
re-assess and reconsider might have negated his maintain professional competence. His role in the
sacred and sworn duty as a judge to dispense justice. administration of justice requires a continuous study
of the law and jurisprudence, lest public confidence in
the Judiciary be eroded by incompetence and
G.R. No. 157659. January 25, 2010 irresponsible conduct.
Verily, the petitioner wittingly adopted his In that light, the failure of Judge Infante to conduct a
aforedescribed worthless and vexatious legal hearing prior to the grant of bail in capital offenses
maneuvers for no other purpose except to delay the was inexcusable and reflected gross ignorance of the
full enforcement of the writ of possession, despite law and the rules as well as a cavalier disregard of its
knowing, being himself a lawyer, that as a requirement. He well knew that the determination of
nonredeeming mortgagor he could no longer impugn whether or not the evidence of guilt is strong was a
both the extrajudicial foreclosure and the ex parte matter of judicial discretion, and that the discretion
issuance of the writ of execution cum writ of lay not in the determination of whether or not a
possession; and that the enforcement of the duly- hearing should be held, but in the appreciation and
issued writ of possession could not be delayed. He evaluation of the weight of the Prosecution's evidence
thus deliberately abused court procedures and of guilt against the accused. His fault was made worse
processes, in order to enable himself to obstruct and by his granting bail despite the absence of a petition
stifle the fair and quick administration of justice in for bail from the accused. Consequently, any order he
favor of mortgagee and purchaser GSIS. His conduct issued in the absence of the requisite evidence was
contravened Rule 10.03, Canon 10 of the Code of not a product of sound judicial discretion but of whim
Professional Responsibility, by which he was enjoined and caprice and outright arbitrariness.
as a lawyer to "observe the rules of procedure and . . .
not [to] misuse them to defeat the ends of justice." By
his dilatory moves, he further breached and G.R. No. 174759
dishonored his Lawyer's Oath, particularly:
By such statements, the petitioners clearly and
. . . I will not wittingly or willingly promote or sue any definitely overstepped the bounds of propriety as
groundless, false or unlawful suit, nor give aid nor attorneys, and disregarded their sworn duty to
consent to the same; I will delay no man for money or respect the courts. An imputation in a pleading of
malice, and will conduct myself as a lawyer according gross ignorance against a court or its judge, especially
to the best of my knowledge and discretion with all in the absence of any evidence, is a serious allegation,
good fidelity as well to the courts as to my clients . . . and constitutes direct contempt of court. It is settled
that derogatory, offensive or malicious statements
We stress that the petitioner's being the party litigant contained in pleadings or written submissions
himself did not give him the license to resort to presented to the same court or judge in which the
dilatory moves. His zeal to defend whatever rights he proceedings are pending are treated as direct
then believed he had and to promote his perceived contempt because they are equivalent to a
remaining interests in the property already lawfully misbehavior committed in the presence of or so near
transferred to GSIS should not exceed the bounds of a court or judge as to interrupt the administration of
the law, for he remained at all times an officer of the justice.
Court burdened to conduct himself "with all good
fidelity as well to the courts as to [his] clients." His
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
This is true, even if the derogatory, offensive or the lawyer by reason of a favorable judgment to his
malicious statements are not read in open court. client.
Indeed, in where the petitioner's motion for
clarification stated that the respondent judge's
decision constituted gross negligence and ignorance A.C. No. 4808
of the rules, and was pure chicanery and sophistry,
the Court held that "a pleading containing derogatory, Without dou t, Att . RRRs failu e to i ediatel
offensive or malicious statements when submitted account for and to deliver the money upon demand
before a court or judge in which the proceedings are was deceit, for it signified that she had converted the
pending is direct contempt because it is equivalent to money to her own use, in violation of the trust BBB
a misbehavior committed in the presence of or so had reposed in her. It constituted gross misconduct
near a court or judge as to interrupt the for which the penalty of suspension from the practice
administration of justice." of law became justified pursuant to Section 27, Rule
138 of the Rules of Court, to wit:
Section 27. Disbarment or suspension of attorneys by
A.C. No. 4808 Supreme Court, grounds therefor. A member of the
bar may be disbarred or suspended from his office as
Rule 16.03 - A lawyer shall deliver the funds and attorney by the Supreme Court for any deceit,
property of his client when due or upon demand. malpractice, or other gross misconduct in such office,
However, he shall have a lien over the funds and may grossly immoral conduct, or by reason of his
apply so much thereof as may be necessary to satisfy conviction of a crime involving moral turpitude, or for
his lawful fees and disbursements, giving notice any violation of the oath which he is required to take
promptly thereafter to his client. He shall also have a before admission to practice, or for a wilful
lien to the same extent on all judgments and disobedience appearing as an attorney for a party to a
executions he has secured for his client as provided case without authority so to do. The practice of
for in the Rules of Court. soliciting cases at law for the purpose of gain, either
- Code of Professional Responsibility. personally or through paid agents or brokers,
constitutes malpractice.
A.C. No. 4808
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
does not negate the administrative proceedings Co t a to Att . RRRs i siste e, ho e e , the IBP
against the lawyer. Board of Governors was under no legal obligation to
conduct a trial-type proceeding at which she could
The settled rule is that criminal and civil cases are have personally confronted BBB. In other words, the
different from administrative matters, such that the lack of such proceeding neither diminished her right
disposition in the first two will not inevitably govern to due process nor deprived her of the right. A formal
the third and vice versa. In this light, we refer to this investigation entailing notice and hearing is required
Cou ts uli g i Be a o s. Ba elo a, iti g I e in administrative proceedings for disbarment, but the
Almacen, where it was held: imperative need of notice and hearing does not
Disciplinary proceedings against lawyers are sui always mean the holding of an adversarial trial-type
generis. Neither purely civil nor purely criminal, they proceeding. Due process is still satisfied when the
do not involve a trial of an action or a suit, but rather parties are afforded the reasonable opportunity to be
investigations by the Court into the conduct of one of heard and to submit evidence in support of their
its officers. Not being intended to inflict punishment, respective sides.
[they are] in no sense a criminal prosecution.
Accordingly, there is neither a plaintiff nor a
prosecutor therein. [They] may be initiated by the A.C. No. 8620
Court motu proprio. Public interest is [their] primary
objective, and the real question for determination is Atto e s O ligatio to tell the t uth
whether or not the attorney is still a fit person to be
allowed the privileges as such. Hence, in the exercise All attorneys in the Philippines, including the
of its disciplinary powers, the Court merely calls upon respondent, have sworn to the vows embodied in
a member of the Bar to account for his actuations as follo i g La e s Oath, iz:
an officer of the Court with the end in view of
preserving the purity of the legal profession and the I, ___________________, do solemnly swear that I
proper and honest administration of justice by will maintain allegiance to the Republic of the
purging the profession of members who by their Philippines; I will support its Constitution and obey the
misconduct have prove[n] themselves no longer laws as well as the legal orders of the duly constituted
worthy to be entrusted with the duties and authorities therein; I will do no falsehood, nor consent
responsibilities pertaining to the office of an attorney. to the doing of any in court; I will not wittingly or
willingly promote or sue any groundless, false or
Hence, our only concern in the instant case is the unlawful suit, nor give aid nor consent to the same. I
dete i atio of espo de ts ad i ist ati e lia ilit will delay no man for money or malice, and will
and our findings herein should not in any way be conduct myself as a lawyer according to the best of
treated as having any material bearing on any other my knowledge and discretion with all good fidelity as
judicial action which the parties may choose to file well to the courts as to my clients; and I impose upon
against each other. myself this voluntary obligation without any mental
reservation or purpose of evasion. So help me God.
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
Rule 10.01 - A lawyer shall not do any falsehood, nor e su i g the u hi de ed se i e to thei lie ts
consent to the doing of any in Court; nor shall he causes and in protecting the lie ts o fide es. With
mislead, or allow the Court to be misled by any the cloak of privilege, they can freely and
artifice. courageously speak for their clients, verbally or in
writing, in the course of judicial and quasi-judicial
The foregoing ordain ethical norms that bind all proceedings, without running the risk of incurring
attorneys, as officers of the Court, to act with the criminal prosecution or actions for damages.
highest standards of honesty, integrity, and
trustworthiness. All attorneys are thereby enjoined to
obey the laws of the land, to refrain from doing any A.M. No. 08-4-253-RTC
falsehood in or out of court or from consenting to the
doing of any in court, and to conduct themselves Section 3, Canon 2 of the New Code of Judicial
according to the best of their knowledge and Conduct for the Philippine Judiciary directs a judge to
discretion with all good fidelity as well to the courts as take or initiate appropriate disciplinary measures
to their clients. Being also servants of the Law, against lawyers or court personnel for unprofessional
attorneys are expected to observe and maintain the conduct of which the judge may have become aware.
rule of law and to make themselves exemplars worthy This imperative duty becomes the more urgent when
of emulation by others. The least they can do in that the act or omission the court personnel has
regard is to refrain from engaging in any form or supposedly committed is in the nature of a grave
manner of unlawful conduct (which broadly includes offense, like the bundy-cards incident involved herein.
any act or omission contrary to law, but does not It would have been surely demanded in the best
necessarily imply the element of criminality even if it interest of the public service, if not of the court itself,
is broad enough to include such element). that the act or omission reported by the judicial audit
team to Judge CCC as the Acting Executive Judge be
investigated and properly dealt with promptly.
A.C. No. 8620
The explanation of Judge CCC of having no more time
A lawyer must be a disciple of truth. He swore upon and space to look into the bundy-cards incident was
his admission to the Bar that he will "do no falsehood implausible. Having been informed of the anomaly on
nor consent to the doing of any in court" and he shall September 19, 2007, he had at least two months prior
"conduct himself as a lawyer according to the best of to November 21, 2007, his retirement date, within
his knowledge and discretion with all good fidelity as which to carry out his investigation, and to render a
well to the courts as to his clients." He should bear in report thereon. That length of time was ample, if only
mind that as an officer of the court his high vocation is he had acted promptly to investigate the incident.
to correctly inform the court upon the law and the
facts of the case and to aid it in doing justice and
arriving at correct conclusion. The courts, on the other A.M. No. 08-19-SB-J
hand, are entitled to expect only complete honesty
from lawyers appearing and pleading before them. Section 6, Canon 6 of the New Code of Judicial
While a lawyer has the solemn duty to defend his Conduct for the Philippine Judiciary clearly enjoins
lie ts ights a d is e pe ted to display the utmost that:
zeal i defe se of his lie ts ause, his o du t ust
never be at the expense of truth. Section 6. Judges shall maintain order and decorum in
all proceedings before the court and be patient,
Their being officers of the Court extends to attorneys dignified and courteous in relation to litigants,
not only the presumption of regularity in the witnesses, lawyers and others with whom the judge
discharge of their duties, but also the immunity from deals in an official capacity. Judges shall require
liability to others for as long as the performance of similar conduct of legal representatives, court staff
their obligations to their clients does not depart from and others subject to their influence, direction or
their character as servants of the Law and as officers control.
of the Court. In particular, the statements they make
in behalf of their clients that are relevant, pertinent, We point out that publicizing professional
or material to the subject of inquiry are absolutely qualifications or boasting of having studied in and
privileged regardless of their defamatory tenor. Such graduated from certain law schools, no matter how
cloak of privilege is necessary and essential in prestigious, might have even revealed, on the part of
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
Justice OOO and Justice HHH, their bias for or against A.M. No. RTJ-09-2182 (Formerly A.M. No. 08-3007-RTJ)
some lawyers. Their conduct was impermissible,
consequently, for Section 3, Canon 4 of the New Code In the absence of any showing that improper motives
of Judicial Conduct for the Philippine Judiciary, or corruption had actuated the respondents, the
demands that judges avoid situations that may respondents should be presumed to have acted in
reasonably give rise to the suspicion or appearance of utmost good faith in assigning Civil Case No. MC08-
favoritism or partiality in their personal relations with 3660 according to the existing practice of raffling
individual members of the legal profession who cases adopted by the Raffle Committee. As such, they
practice regularly in their courts. could not be held guilty of either gross ignorance of
the law or grave misconduct. To constitute gross
Judges should be dignified in demeanor, and refined ignorance of the law, the acts complained of must not
in speech. In performing their judicial duties, they only be contrary to existing law and jurisprudence, but
should not manifest bias or prejudice by word or must also be motivated by bad faith, fraud, dishonesty
conduct towards any person or group on irrelevant and corruption. Grave misconduct refers to a
grounds. It is very essential that they should live up to wrongful act inspired by corruption or intention to
the high standards their noble position on the Bench violate the law.
demands. Their language must be guarded and
measured, lest the best of intentions be
misconstrued. In this regard, Section 3, Canon 5 of the A.M. OCA IPI No. 04-1606-MTJ
New Code of Judicial Conduct for the Philippine
Judiciary, mandates judges to carry out judicial duties Article VIII, Section 15(1) of the 1987 Constitution
with appropriate consideration for all persons, such as requires that all cases or matters filed after the
the parties, witnesses, lawyers, court staff, and judicial effectivity of the Constitution must be decided or
colleagues, without differentiation on any irrelevant resolved within twenty-four months from date of
ground, immaterial to the proper performance of such submission for the Supreme Court, and, unless
duties. reduced by the Supreme Court, twelve months for all
lower collegiate courts, and three months for all other
lower courts. Thereby, the Constitution mandates all
A.M. No. MTJ-08-1714 justices and judges to be efficient and speedy in the
disposition of the cases or matters pending in their
As can be seen, Judge LLL made or allowed too many courts.
unreasonable postponements that inevitably delayed
the proceedings and prevented the prompt Reiterating the mandate, the New Code of Judicial
disposition of Criminal Case No. 111 out of manifest Conduct for the Philippine Judiciary requires judges to
bias in favor of the accused, to the prejudice of SSS as "devote their professional activity to judicial duties,
the complainant in Criminal Case No. 111. which include xxx the performance of judicial
functions and responsibilities in court and the making
Thus, he flagrantly violated the letter and spirit both of decisions xxx," and to "perform all judicial duties,
of Rule 1.02 of the Code of Judicial Conduct, which including the delivery of reserved decisions,
enjoined all judges to administer justice impartially efficiently, fairly and with reasonable
and without delay; and of Canon 6 of the Canons of promptness." Likewise, Rule 3.05, Canon 3 of the Code
Judicial Ethics, which required him as a trial judge "to of Judicial Conduct imposes on all judges the duty to
be prompt in disposing of all matters submitted to dispose of thei ou ts usi ess p o ptl a d to
him, remembering that justice delayed is often justice decide cases within the required periods.
denied." These judicial canons directly demand efficiency from
That his conduct proceeded from his bias towards the the judges in obvious recognition of the right of the
accused rendered his acts and omissions as gross public to the speedy disposition of their cases. In such
misconduct. It is settled that the misconduct is grave if context, the saying justice delayed is justice
it involves any of the additional elements of denied becomes a true encapsulation of the felt need
corruption, willful intent to violate the law, or for efficiency and promptness among judges.
disregard of long-standing rules, which must be
established by substantial evidence; otherwise, the
misconduct is only simple. Adm. Case No. 9058
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
For administrative liability under Canon 18 to attach, suffice to establish the charge, because accusation
the negligent act of the attorney should be gross and was not synonymous with guilt.
inexcusable as to lead to a result that was highly
p ejudi ial to the lie ts interest. Accordingly, the
Court has imposed administrative sanctions on a G.R. No. 156296
grossly negligent attorney for unreasonable failure to
file a required pleading, or for unreasonable failure to As a ule, a lie t is ou d his ou sels o du t,
file an appeal, especially when the failure occurred negligence and mistake in handling a case. To allow a
after the attorney moved for several extensions to file lie t to diso his ou sels o du t ould e de
the pleading and offered several excuses for his proceedings indefinite, tentative, and subject to
nonfeasance. The Court has found the attendance of reopening by the mere subterfuge of replacing
inexcusable negligence when an attorney resorts to a counsel.
wrong remedy, or belatedly files an appeal, or
inordinately delays the filing of a complaint, or fails to But the rule admits of exceptions. In several rulings,
attend scheduled court hearings. Gross misconduct on the Court held the client not concluded by the
the part of an attorney is determined from the negligence, incompetence or mistake of the counsel.
circumstances of the case, the nature of the act done For instance, the Court set aside the judgment and
and the motive that induced the attorney to commit mandated the trial court to reopen the case for the
the act. reception of the evidence for the defense after finding
that the eglige e of the the ei petitio e s ou sel
had deprived her of the right to present and prove her
Canon 15 of the Code of Professional Responsibility defense. Also, the Court ordered restored to the
prohibits an attorney from representing a party in a petitioner her property that had been sold at public
controversy that is either directly or indirectly related auction in satisfaction of a default judgment resulting
to the subject matter of a previous litigation involving from the failure of her counsel to file an answer and
another client. Relevantly, Rule 15.01, Rule15.02 and f o ou sels la k of igila e i p ote ti g he
Rule15.03 provide: interests in subsequent proceedings before the trial
court and the CA. Lastly, the Court declared that an
Rule 15.01A lawyer, in conferring with a prospective exception to the rule that a client is bound by the
client, shall ascertain as soon as practicable whether mistakes of his counsel is when the negligence of the
the matter would involve a conflict with another client counsel is so gross that the client was deprived of his
or his own interest, and if so, shall forthwith inform day in court, thereby also depriving the client of his
the prospective client. property without due process of law.
Rule 15.03A lawyer shall not represent conflicting When the incompetence, ignorance or inexperience
interests except by written consent of all concerned of counsel is so great and the result is so serious that
given after a full disclosure of the facts. the client, who otherwise has a good cause, is
prejudiced and denied his day in court, the client
Representing conflicting interests would occur only deserves another chance to present his case; hence,
he e the atto e s e e gage e t ould e ui e the litigation may be reopened for that purpose. Also,
her to use against a former client any confidential when an unsuccessful party has been prevented from
information gained from the previous professional fully and fairly presenting his case because of his
relation. The prohibition did not cover a situation atto e s p ofessio al delinquency or infidelity the
where the subject matter of the present engagement litigation may be reopened to allow the party to
was totally unrelated to the previous engagement of present his side. Lastly, where counsel is guilty of
the attorney. To constitute the violation, the attorney gross ignorance, negligence and dereliction of duty,
should be shown to intentionally use against the hi h esulted i the lie ts ei g held lia le fo
former client the confidential information acquired by damages in a damage suit, the client is deprived of his
her during the previous employment. But a mere day in court and the judgment may be set aside on
allegation of professional misconduct would not such ground.
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
undivided fidelity and loyalty to his client or invite himself. The protection given to the client is perpetual
suspicion of unfaithfulness or double dealing in the and does not cease with the termination of the
performance thereof. litigatio , o is it affe ted the lie ts easi g to
employ the attorney and retaining another, or by any
other change of relation between them. It even
A.C. No. 6664 survives the death of the client.
The rule is grounded in the fiduciary obligation of Rule 7.03 of the Code of Professional Responsibility
loyalty. Throughout the course of a lawyer-client states that "a lawyer shall not engage in conduct that
relationship, the lawyer learns all the facts connected adversely reflects on his fitness to practice law, nor
with the client's case, including the weak and strong shall he whether in public or private life, behave in a
points of the case. Knowledge and information scandalous manner to the discredit of the legal
gathered in the course of the relationship must be profession." Lawyers are further required by Rule 1.01
treated as sacred and guarded with care. It behooves of the Code of Professional Responsibility not to
la e s ot o l to keep i iolate the lie ts engage in any unlawful, dishonest and immoral or
confidence, but also to avoid the appearance of deceitful conduct.
treachery and double-dealing, for only then can
litigants be encouraged to entrust their secrets to
their lawyers, which is paramount in the A.C. No. 6732
administration of justice. The nature of that
relationship is, therefore, one of trust and confidence Gross immorality, conviction of a crime involving
of the highest degree. moral turpitude, or fraudulent transactions can justify
a la e s dis a e t o suspension from the practice
of law. Specifically, the deliberate falsification of the
A.C. No. 6664 court decision by the respondent was an act that
reflected a high degree of moral turpitude on his part.
The termination of the attorney-client relationship Worse, the act made a mockery of the administration
does not justify a lawyer to represent an interest of justice in this country, given the purpose of the
adverse to or in conflict with that of the former client. falsification, which was to mislead a foreign tribunal
The spi it ehi d this ule is that the lie ts on the personal status of a person. He thereby
confidence once given should not be stripped by the became unworthy of continuing as a member of the
mere expiration of the professional employment. Bar.
Even after the severance of the relation, a lawyer
should not do anything that will injuriously affect his
former client in any matter in which the lawyer A.C. No. 6732
previously represented the client. Nor should the
la e dis lose o use a of the lie ts o fide es It then becomes timely to remind all members of the
acquired in the previous relation. In this regard, Canon Philippine Bar that they should do nothing that may in
17 of the Code of Professional Responsibility expressly any way or degree lessen the confidence of the public
declares that: "A lawyer owes fidelity to the cause of in their professional fidelity and integrity. The Court
his client and he shall be mindful of the trust and will not hesitate to wield its heavy hand of discipline
confidence reposed in him." on those among them who wittingly and willingly fail
to eet the e du i g de a ds of thei Atto e s
The la e s highest a d most unquestioned duty is Oath for them to:
to protect the client at all hazards and costs even to
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
x x x support the Constitution and obey the laws as tax. In reality, he did not pay the capital gains tax,
well as the legal orders of the duly constituted rendering the clients liable for a substantial financial
authorities therein; xxx do no falsehood, nor consent liability in the form of penalties.
to the doing of any in court; x x x not wittingly or
willingly promote or sue on groundless, false or Without doubt, Atty. MMM had the obligation to
unlawful suit, nor give aid nor consent to the same; x x serve his clients with competence and diligence. Rule
x delay no man for money or malice, and x x x conduct 18.03, Canon 18 of the Code of Professional
themselves as lawyers according to the best of their Responsibility, expressly so demanded of him, to wit:
knowledge and discretion with all good fidelity as well CANON 18 A LAWYER SHALL SERVE HIS CLIENT WITH
to the courts as to their clients x x x. COMPETENCE AND DILIGENCE.
xxxx
Rule 18.03 A lawyer shall not neglect a legal matter
A.C. No. 6732 entrusted to him, and his negligence in connection
therewith shall render him liable.
No lawyer should ever lose sight of the verity that the
practice of the legal profession is always a privilege
that the Court extends only to the deserving, and that A.M. No. 08-5-305-RTC
the Court may withdraw or deny the privilege to him
ho fails to o se e a d espe t the La e s Oath The Court cannot overstress its policy on prompt
and the canons of ethical conduct in his professional disposition or resolution of cases. Delay in the
and private capacities. He may be disbarred or disposition of cases is a major culprit in the erosion of
suspended from the practice of law not only for acts public faith and confidence in the judicial system, as
and omissions of malpractice and for dishonesty in his judges have the sworn duty to administer justice
professional dealings, but also for gross misconduct without undue delay. Thus, judges have been
not directly connected with his professional duties constantly reminded to strictly adhere to the rule on
that reveal his unfitness for the office and his the speedy disposition of cases and observe the
unworthiness of the principles that the privilege to periods prescribed by the Constitution for deciding
practice law confers upon him. cases, which is three months from the filing of the last
pleading, brief or memorandum for lower courts.
Adm. Case No. 9612 Nonetheless, the Court has been mindful of the plight
of our judges and understanding of circumstances
Every attorney owes fidelity to the causes and that may hinder them from promptly disposing of
concerns of his clients. He must be ever mindful of the their businesses. Hence, the Court has allowed
trust and confidence reposed in him by the clients. His extensions of time to decide cases beyond the 90-day
duty to safegua d the lie ts i te ests o e es period. All that a judge needs to do is to request and
from his engagement as such, and lasts until his justify an extension of time to decide the cases, and
effective release by the clients. In that time, he is the Court has almost invariably granted such request.
expected to take every reasonable step and exercise
o di a a e as his lie ts i te ests a e ui e.
A.M. No. CA-13-51-J
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
with evident bad faith, or only in clear cases of A client has the absolute right to terminate the
violations by him of the standards and norms of attorney-client relationship at any time with or
propriety and good behavior prescribed by law and without cause. But this right of the client is not
the rules of procedure, or fixed and defined by unlimited because good faith is required in
pertinent jurisprudence. terminating the relationship. The limitation is based
on Article 19 of the Civil Code, which mandates that
"every person must, in the exercise of his rights and in
A.M. No. RTJ-12-2320 the performance of his duties, act with justice, give
everyone his due, and observe honesty and good
The requirements for a valid administrative charge faith." The right is also subject to the right of the
against a sitting Judge or Justice are found in Section attorney to be compensated.
1, Rule 140 of the Rules of Court, which prescribes as
follows:
Section 1. How instituted. - Proceedings for the G.R. No. 183952
discipline of judges of regular and special courts and
Justices of the Court of Appeals and the Section 26, Rule 138 of the Rules of Court provides:
Sandiganbayan may be instituted motu proprio by the
Supreme Court or upon a verified complaint, Section 26. Change of attorneys. - An attorney may
supported by affidavits of persons who have personal retire at anytime from any action or special
knowledge of the facts alleged therein or by proceeding, by the written consent of his client filed in
documents which may substantiate said allegations, court. He may also retire at any time from an action or
or upon an anonymous complaint, supported by special proceeding, without the consent of his client,
public records of indubitable integrity. The complaint should the court, on notice to the client and attorney,
shall be in writing and shall state clearly and concisely and on hearing, determine that he ought to be
the acts and omissions constituting violations of allowed to retire. In case of substitution, the name of
standards of conduct prescribed for Judges by law, the the attorney newly employed shall be entered on the
Rules of Court, or the Code of Judicial Conduct. docket of the court in place of the former one, and
Based on the rule, the three modes of instituting written notice of the change shall be given to the
disciplinary proceedings against sitting Judges and adverse party.
Justices are, namely: (a) motu proprio, by the Court A client may at any time dismiss his attorney or
itself; (b) upon verified complaint, supported by the substitute another in his place, but if the contract
affidavits of persons having personal knowledge of the between client and attorney has been reduced to
facts alleged therein, or by the documents writing and the dismissal of the attorney was without
substantiating the allegations; or (c) upon anonymous justifiable cause, he shall be entitled to recover from
complaint but supported by public records of the client the full compensation stipulated in the
indubitable integrity. contract. However, the attorney may, in the discretion
of the court, intervene in the case to protect his
rights. For the payment of his compensation the
G.R. No. 161878 attorney shall have a lien upon all judgments for the
payment of money, and executions issued in
Canon 12 of the Code of Professional Responsibility, pursuance of such judgment, rendered in the case
which required him as an attorney to exert every wherein his services had been retained by the client.
eo t a d to o side it his dut to assist i the
speed a d e ie t ad i ist atio of justi e. He
should not ever ignore such duty, even upon the G.R. No. 183952
pretext of giving his entire devotion to the interest of
his clients. He ought not to forget that as an attorney, It remains entitled to the compensation, and its right
he as, st a d fo e ost, a o e of the ou t, is safeguarded by the Court because its members are
ou d to e e t e e eo t to o pl ith the officers of the Court who are as entitled to judicial
requirement under Canon 12. protection against injustice or imposition of fraud
committed by the client as much as the client is
against their abuses as her counsel. In other words,
G.R. No. 183952 the duty of the Court is not only to ensure that the
attorney acts in a proper and lawful manner, but also
to see to it that the attorney is paid his just fees. Even
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
if the compensation of the attorney is dependent only hearing a case. The inhibition must be for just and
on winning the litigation, the subsequent withdrawal valid causes. The mere imputation of bias, partiality
of the ase upo the lie ts i itiati e ould ot and prejudgment will not suffice in the absence of
deprive the attorney of the legitimate compensation clear and convincing evidence to overcome the
for professional services rendered. presumption that the judge will undertake his noble
role to dispense justice according to law and evidence
and without fear or favor. The disqualification of a
IPI No. 12-203-CA-J judge cannot be based on mere speculations and
surmises or be predicated on the adverse nature of
the judges uli gs to a ds the o a t fo i hi itio .
The rule on inhibition and disqualification of judges is
laid down in Sec. 1, Rule 137 of the Rules of Court:
A.M. No. RTJ-13-2356
Sec. 1.Disqualification of judges. No judge or
judicial officer shall sit in any case in which he, or his It is a general principle, abundantly sustained by
wife or child, is pecuniarily interested as heir, legatee, authority and reason, that no civil action can be
creditor or otherwise, or in which he is related to sustained against a judicial officer for the recovery of
either party within the sixth degree of consanguinity damages by one claiming to have been injured by the
or affinity, or to counsel within the fourth degree, officer's judicial action within his jurisdiction. From the
computed according to the rules of the civil law, or in very nature of the case, the officer is called upon by
which he has been executor, administrator, guardian, law to exercise his judgment in the matter, and the law
trustee or counsel, or in which he has presided in ny holds his duty to the individual to be performed when
inferior court when his rulingor decision is the subject he has exercised it, however erroneous or disastrous in
of review, without the written consent of all parties in its consequences it may appear either to the party or
interest, signed by them and entered upon the record. to others.
The rule does not give the judge the unfettered To commit the offense, the offender must be a judge
discretion to decide whether he should desist from who is adequately shown to have rendered an unjust
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
Law Profession. It deserves for the guilty lawyer stern shield them from unfounded suits that are intended
disciplinary sanctions. to vex and harass them, among other things.
To begin with, the holding of the meeting between Canon 11 and Rule 11.04 of the Code of Professional
Att . BBB, HHHs ou sel, a d Att . AAA i the Responsibility pertinently state:
espo de ts offi e as ot suspi ious o i egula , Canon 11 A lawyer shall observe and maintain the
contrary to the insinuation of HHH. We are not respect due to the courts and to the judicial officers
unmindful of the practice of some legal practitioners and should insist on similar conduct by others.
to arrange to meet with their opposing counsels and xxxx
their clients in the premises of the offices of the public Rule 11.04 A lawyer shall not attribute to a Judge
prosecutors or in the courthouses primarily because motives not supported by the record or have no
such premises are either a convenient or a neutral materiality to the case.
ground for both sides. Accordingly, holding the
meeting between HHH and his adversary, with their In light of the foregoing canons, all lawyers are bound
espe ti e ou sels, i the espo de ts offi e did ot to uphold the dignity and authority of the courts, and
by itself indicate any illegal or corrupt activity. We also to promote confidence in the fair administration of
note that the respondent was not present in the justice. It is the respect for the courts that guarantees
meeting. the stability of the judicial institution; elsewise, the
institution would be resting on a very shaky
foundation.
A.C. No. 7474
Rule 1.03 A lawyer shall not, for any corrupt motive A.C. No. 10179
or interest, encourage any suit or proceeding or delay
a a s ause. Being a lawyer, Atty. DS was well aware of the
objectives and coverage of Batas Pambansa Blg. 22. If
His being an officer of the court should have impelled he did not, he was nonetheless presumed to know
him to see to it that the orderly administration of them, for the law was penal in character and
justice must not be unduly impeded. Indeed, as he application. His issuance of the unfunded check
must resist the whims and caprices of his clients and involved herein knowingly violated Batas Pambansa
te pe his lie ts p ope sities to litigate, so ust he Blg. 22, and exhibited his indifference towards the
equally guard himself against his own impulses of pernicious effect of his illegal act to public interest
initiating unfounded suits. While it is the Cou ts dut a d pu li o de . He the e s ept aside his La e s
to investigate and uncover the truth behind charges Oath that enjoined him to support the Constitution
against judges and lawyers, it is equally its duty to and obey the laws. He also took for granted the
express commands of the Code of Professional
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
A lawyer shall uphold the Constitution, obey the laws Section 27. Disbarment or suspension of attorneys by
of the land and promote respect for law and legal Supreme Court, grounds therefor. A member of the
processes. He shall not engage in unlawful, dishonest, bar may be disbarred or suspended from his office as
immoral or deceitful conduct; or counsel or abet attorney by the Supreme Court for any deceit,
activities aimed at a defiance of the law or at a malpractice, or other gross misconduct in such office,
lessening of confidence in the legal system. He should grossly immoral conduct, or by reason of his
advise his client to uphold the law, not to violate or conviction of a crime involving moral turpitude, or for
disobey it. Conversely, he should not recommend to any violation of the oath which he is required to take
his client any recourse or remedy that is contrary to before the admission to practice, or for a wilful
law, public policy, public order, and public morals. disobedience appearing as an attorney for a party to a
case without authority so to do. The practice of
soliciting cases at law for the purpose of gain, either
A.C. No. 6738 personally or through paid agents or brokers,
constitutes malpractice.
The lawyer argues that his proposal did not deceive
the complainant because he had informed her on all
the "steps" to be taken on her behalf. His argument A.C. No. 8261
misses the point, which is that he made the proposal
despite its patent illegality in order to take advantage Even assuming that Atty. VVV and Atty. TTT initiated
of the complainant's limited legal knowledge of the and participated in the settlement of the case, there
regular procedures for the transfer of title under was nothing wrong in their doing so. It was actually
circumstances of intestacy. In other words, he made their obligation as lawyers to do so, pursuant to Rule
her agree to the "direct registration" through deceitful 1.04, Canon 1 of the Code of Professional
misrepresentation. He then ignored the written Responsibility, viz.:
demands from her, which forced her in the end to
finally charge him with disbarment. He thereby Rule 1.04, Canon 1 of the Code of Professional
abused his being a lawyer to the hilt in order to cause Responsibility, viz.:
not only his client but also the public in general to
doubt the sincerity of the members of the Law RULE 1.04 A lawyer shall encourage his clients to
Profession, and consequently diminish the public's avoid, end or settle a controversy if it will admit of a
trust and confidence in lawyers in general. fair settlement.
Well entrenched in this jurisdiction is the rule that a CANON 18 A lawyer shall serve his client with
lawyer may be disciplined for misconduct committed competence and diligence.
either in his professional or private capacity. The test
is whether his conduct shows him to be wanting in Rule 18.03 A lawyer shall not neglecta legal matter
moral character, honesty, probity, and good entrusted to him, and his negligence in connection
demeanor, or whether his conduct renders him therewith shall render him liable.
unworthy to continue as an officer of the Court.
Rule 18.04 A lawyer shall keep the client informed of
Verily, Canon 7 of the Code of Professional the status of his case and shall respond within a
Responsibility mandates all lawyers to uphold at all easo a le ti e to the lie ts e uest fo
times the dignity and integrity of the Legal Profession. information.
Lawyers are similarly required under Rule 1.01, Canon
1 of the same Code not to engage in any unlawful,
dishonest and immoral or deceitful conduct. Failure to A.C. No. 8261
observe these tenets of the Code of Professional
Responsibility exposes the lawyer to disciplinary The Law Profession did not burden its members with
sanctions as provided in Section 27, Rule 138 of the the responsibility of indefinite service to the clients;
Rules of Court, as amended, viz.: hence, the rendition of professional services depends
on the agreement between the attorney and the
client.
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
connection with any matter in which he had intervened (j) the professional standing of the lawyer.
while in said service.
To come within the ambit of Rule 6.03 of the Code of A.C. No. 8494
Professional Responsibility, the respondent must be
shown to have accepted the engagement or A contingent fee arrangement is a contract in writing
employment in relation to a matter that, by virtue of in which the fee, usually a fixed percentage of what
his judicial office, he had previously exercised power may be recovered in the action, is made to depend
to influence the outcome of the proceedings. upon the success in the effort to enforce or defend a
supposed right. The amount of the contingent fee
agreed upon by the parties is subject to the stipulation
A.C. No. 7927 that counsel will be paid for his legal services only if
the suit or litigation prospers. A much higher
Section 27, Rule 138 of the Rules of Court, which compensation is allowed as contingent fee in
provides: consideration of the risk that the lawyer may get
nothing should the suit fail. Such arrangement is
Section 27. Disbarment or suspension of attorneys by generally recognized as valid and binding in this
Supreme Court; grounds therefor. - A member of the jurisdiction but its terms must be reasonable. Canon
bar may be disbarred or suspended from his office as 13 of the Canons of Professional Ethics states that "a
attorney by the Supreme Court for any deceit, contract for a contingent fee, when sanctioned by
malpractice, or other gross misconduct in such office, law, should be reasonable under all the circumstances
grossly immoral conduct, or by reason of his of the case including the risk and uncertainty of the
conviction of a crime involving moral turpitude, or for compensation, but should always be subject to the
any violation of the oath which he is required to take supervision of a court, as to its reasonableness."
before admission to practice, or for a willful
disobedience of any lawful order of a superior court, or
for corruptly or wilfully appearing as an attorney for a A.C. No. 7927
party to a case without authority so to do. The
practice of soliciting cases at law for the purpose of Section 24, Rule 138 of the Rules of Court explicitly
gain, either personally or through paid agents or provides:
brokers, constitutes malpractice.
Section 24. Compensation of attorneys; agreement as
to fees. -- An attorney shall be entitled to have and
A.C. No. 8494 recover from his client no more than a reasonable
compensation for his services, with a view to the
To determine the reasonableness of attorney's fees, importance of the subject matter of the controversy,
the following factors as enumerated in Rule 20.1 of the extent of the services rendered, and the
the Code of Professional Responsibility may serve as a professional standing of the attorney. No court shall
guide, to wit: be bound by the opinion of attorneys as expert
(a) the time spent and the extent of the services witnesses as to the proper compensation, but may
rendered or required; disregard such testimony and base its conclusion on
(b) the novelty and difficulty of the questions its own professional knowledge. A written contract for
involved; services shall control the amount to be paid therefor
(c) the importance of the subject matter; unless found by the court to be unconscionable or
(d) the skill demanded; unreasonable.
(e) the probability of losing other employment as a
result of acceptance of the proffered case;
(f) the customary charges for similar services and the A.C. No. 7927
schedule of fees of the IBP chapter to which he
belongs; Code of Professional Responsibility, to wit:
(g) the amount involved in the controversy and the
benefits resulting to the client from the service; Rule 1.01 - A lawyer shall not engage in unlawful,
(h) the contingency or certainty of compensation; dishonest immoral or deceitful conduct.
(i) the character of the employment, whether
occasional or established; and
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
Canon 15 A lawyer shall observe candor, fairness and conduct himself as to avoid scandalizing the public by
loyalty in all his dealings and transactions with his creating the belief that he is flouting those moral
clients. standards. If the practice of law is to remain an
honorable profession and attain its basic ideals,
Canon 17 A lawyer owes fidelity to the cause of his whoever is enrolled in its ranks should not only master
client and he shall be mindful of the trust and its tenets and principles but should also, in their lives,
confidence reposed in him. accord continuing fidelity to them. The requirement
of good moral character is of much greater import, as
Canon 18.03 A lawyer shall not neglect a legal matter far as the general public is concerned, than the
entrusted to him, and his negligence in connection possession of legal learning.
therewith shall render him liable.
Canon 20- A lawyer shall charge only fair and A.C. No. 9226
reasonable fees. Rule 20.4 A lawyer shall avoid
controversies with clients concerning his Immoral conduct has been described as conduct that
compensation and shall resort to judicial action only is so willful, flagrant, or shameless as to show
to prevent imposition, injustice or fraud. indifference to the opinion of good and respectable
members of the community. To be the basis of
disciplinary action, such conduct must not only be
A.C. No. 9226 immoral, but grossly immoral, that is, it must be so
corrupt as to virtually constitute a criminal act or so
The good moral conduct or character must be unprincipled as to be reprehensible to a high degree
possessed by lawyers at the time of their application or committed under such scandalous or revolting
for admission to the Bar, and must be maintained circumstances as to shock the common sense of
until retirement from the practice of law. In this decency.
regard, the Code of Professional Responsibility states:
Rule 1.01 A lawyer shall not engage in unlawful, A.C. No. 9226
dishonest, immoral or deceitful conduct.
The extreme penalty of disbarment was imposed on
xxxx the respondent who had abandoned his wife and
maintained an illicit affair with another woman.
CANON 7 A lawyer shall at all times uphold the Likewise, disbarment was the penalty for a lawyer
integrity and dignity of the legal profession, and who carried on an extra-marital affair with a married
support the activities of the Integrated Bar. woman prior to the judicial declaration that her
marriage was null and void, while he himself was also
xxxx married. In another case we have suspended for two
years, a married attorney who had sired a child with a
Rule 7.03 A lawyer shall not engage in conduct that former client. Suspension of six months from the
adversely reflects on his fitness to practice law, nor practice of law was meted on the philandering lawyer.
should he, whether in public or private life, behave in
a scandalous manner to the discredit of the legal
profession. A.C. No. 9464
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
Under Section 27,8 Rule 138 of the Rules of Court, a "[a] lawyer shall not, in his professional dealings, use
lawyer may be disbarred on any of the following language which is abusive, offensive or otherwise
grounds, namely: improper."
(1) deceit;
(2) malpractice;
(3) gross misconduct in office; A.C. No. 10757
(4) grossly immoral conduct;
(5) conviction of a crime involving moral turpitude; The Court recognizes the adversarial nature of our
(6) violation of the lawyers oath; legal system which has necessitated lawyers to use
(7) willful disobedience of any lawful order of a strong language in the advancement of the interest of
superior court; and their clients. However, as members of a noble
(8) corruptly or willfully appearing as a lawyer for a profession, lawyers are always impressed with the duty
party to a case without authority so to do. to represent their clients' cause, or, as in this case, to
represent a personal matter in court, with courage and
In fine, in order to hold the lawyer amenable to zeal but that should not be used as license for the use
disbarment by reason of his or her having committed of offensive and abusive language. In maintaining the
a crime involving moral turpitude, it is not enough to integrity and dignity of the legal profession, a lawyer's
show that there is a pending case involving moral language spoken or in his pleadings must be
turpitude against him or her, because Section 27 of dignified.
Rule 138 expressly requires that he or she must have
been found by final judgment guilty of the crime
involving moral turpitude. A.C. No. 10757
Atty. PPP's alleged usage of a wrong MCLE compliance
certificate number, or of that pertaining to another
A.C. No. 10543 lawyer, if established, could really constitute a
violation of Rule 10.01 of Canon 10 of the Code of
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH Professional Responsibility which directs that "[a]
COMPETENCE AND DILIGENCE. lawyer shall not do any falsehood, nor consent to the
doing of any in Court; nor shall he mislead, or allow
Rules 18.01 - A lawyer shall not undertake a legal the Court to be misled by any artifice."
serviee which he knows or should know that he is not
qualified to render. However, he may render such
service if, with the consent of his client, he can obtain A.C. No. 10945
as collaborating counsel a lawyer who is competent
on the matter. Every lawyer, upon becoming a member of the
Philippi e Ba , sole l takes the La e s Oath,
Rule 18.02 - A lawyer shall not handle any legal matter which he vows, among others, that: "I will delay no
without adequate preparation. man for money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and
Rule 18.03 - A lawyer shall not neglect a legal matter discretion, with all good fidelity as well to the courts as
entrusted to him, and his negligence in connection to my clients." If he should violate the vow, he
therewith shall render him liable. contravenes the Code of Professional Responsibility,
particularly its Canon 17, and Rules 18.03 and 18.04 of
Canon 18, viz.:
A.C. No. 10757 CANON 17 - A lawyer owes fidelity to the cause of his
client and he shall be mindful of the trust and
Every lawyer is required to act with courtesy at all confidence reposed in him.
times, even towards the adverse parties. This duty is CANON 18 A lawyer shall serve his client with
clearly imposed by the Rules of Court which mandates competence and diligence.
lawyers to "abstain from all offensive personality and xxxx
to advance no fact prejudicial to the honor or Rule 18.03 A lawyer shall not neglect a legal matter
reputation of a party or witness, unless required by entrusted to him, and his negligence in connection
the justice of the cause with which he is charged." therewith shall render him liable.
Rule 8.01 of Canon 8 of the Code of Professional Rule 18.04 A lawyer shall keep the client informed of
Responsibility reiterates this duty by commanding that the status of his case and shall respond within a
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
reasonable time to the client's request for the judicial office, and constitutes a derogation of the
information. speedy administration of justice. Accordingly, any
judge who delays the disposition of any case or matter
beyond the prescribed period without the Court's
A.C. No. 10945 express clearance is liable for gross inefficiency and
must be administratively sanctioned.
It is beyond debate, therefore, that the relationship of
the lawyer and the client becomes imbued with trust
and confidence from the moment that the lawyer- G.R. No. 163157
client relationship commences, with the lawyer being
bound to serve his clients with full competence, and The award of attorney's fees and expenses of
to attend to their cause with utmost diligence, care litigation is governed by Article 2208 of the Civil Code,
and devotion. To accord with this highly fiduciary to wit:
relationship, the client expects the lawyer to be
al a s i dful of the fo e s ause a d to e Art. 2208. In the absence of stipulation, attorney's
dilige t i ha dli g the fo e s legal affai s. As an fees and expenses of litigation, other than judicial
essential part of their highly fiduciary relationship, the costs, cannot be recovered, except:
client is entitled to the periodic and full updates from
the lawyer on the developments of the case. The (1) When exemplary damages is awarded;
lawyer who neglects to perform his obligations
violates Rule 18.03 of Canon 18 of the Code of (2) When the defendant's act or omission has
Professional Responsibility. compelled the plaintiff to litigate with third persons or
incur expenses to protect his interest;
CANON 1 A lawyer shall uphold the constitution, (5) Where the defendant acted in gross and evident
obey the laws of the land and promote respect for law bad faith in refusing to satisfy the plaintiffs plainly
and for legal processes. valid, just and demandable claim;
Rule 1.01 A lawyer shall not engage in unlawful, (6) In actions for legal support;
dishonest, immoral, or deceitful conduct.
(7) In actions for the recovery of wages of household
Evil intent was not essential in order to bring the helpers, laborers and skilled workers;
unlawful act or omission of the respondent within the
coverage of Rule 1.01 of the Code of Professional (8) In actions for indemnity under workmen's
Responsibility. The Code exacted from her not only a compensation and employer's liability laws;
firm respect for the law and legal processes but also
the utmost degree of fidelity and good faith in dealing (9) In a separate civil action to recover civil liability
with clients and the moneys entrusted by them arising from a crime;
pursuant to their fiduciary relationship.
(10) When at least double judicial costs are awarded;
A.M. No. RTJ-11-2275 (11) In any other case where the court deems it just
and equitable that attorney's fees and expenses of
Rule 3.05 of Canon 3 of the Code of Judicial litigation should be recovered.
Conduct admonishes all judges to promptly dispose of
the court's business and to decide cases within the In all cases, the attorney's fees and expenses of
required periods. Failure to render a decision within litigation must be reasonable.
the 90-day period from the submission of a case for
decision is detrimental to the honor and integrity of
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)