Counsel de Oficio a counsel, appointed or assigned by

LEGAL ETHICS the court, from among members of the Bar in good
LEGAL ETHICS is a branch of moral science, which treats standing who, by reason of their experience and ability,
of the duties which an attorney owes to the court, to the may adequately defend the accused.
client, to his colleagues in the profession and to the public Note: In localities where members of the Bar are not
as embodied in the Constitution, Rules of Court, the Code available, the court may appoint any person, resident of
of Professional Responsibility, Canons of Professional the province and good repute for probity and ability, to
Ethics, jurisprudence, moral laws and special laws. defend the accused. Sec. 7, Rule 116, Rules of Court.
Original Bases of Legal Ethics: Attorney ad hoc a person named and appointed by the
1. Canons of Professional Ethics court to defend an absentee defendant in the suit in
which the appointment is made (Bienvenu v. Factors of
2. Supreme court Decisions Traders Insurance Cp., 33 La.Ann.209)
3. Statistics Attorney of Record one who has filed a notice of
appearance and who hence is formally mentioned in
4. Constitution
court records as the official attorney of the party. Person
5. Treatises and publications whom the client has named as his agent upon whom
service of papers may be made.
Present Basis of the Philippine Legal System: Code of
Professional Responsibility. (Reynolds v. Reynolds, Cal.2d580).

BAR V. BENCH Of Counsel to distinguish them from attorneys of

record, associate attorneys are referred to as of counsel
BAR Refers to the whole body of attorneys and body of
(5 Am. Jur. 261).
judges.
Lead Counsel The counsel on their side of a litigated
BENCH denotes the whole body of counselors,
action who is charged with the principal management and
collectively the members of
direction of a partys case.
the legal profession.
House Counsel Lawyer who acts as attorney for business
Practice of Law any activity, in or out of court which though carried as an employee of that business and not
requires the application of law, legal procedure, as an independent lawyer.
knowledge, training and experience. To engage in the
Bar Association an association of members of the legal
practice of law is to give notice or render any kind of
profession.
service, which or devise or service requires the use in any
degree of legal knowledge or skill (Cayetano v. Monsod, Advocate The general and popular name for a lawyer
201 SCRA 210). who pleads on behalf of someone else.

Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Barrister (England) a person entitled to practice law as

Abogado/Boceros: that class of persons who are licensed an advocate or counsel in superior court.
officers of the courts, empowered to appear prosecute
Proctor (England) Formerly, an attorney in the admiralty
and defend and upon whom peculiar duties,
and ecclesiastical courts whose duties and business
responsibilities, and liabilities are developed by law as a
correspond to those of an attorney at law or solicitor in
consequence (Cui v. Cui, 120 Phil. 729).
Chancery.
Attorney in fact an agent whose authority is strictly
Titulo de Abogado it means not mere possession of the
limited by the instrument appointing him, though he may
academic degree of Bachelor of Laws but membership in
do things not mentioned in his appointment necessary to
the Bar after due admission thereto, qualifying one for
the performance of the duties specifically required of him
the practice of law.
by the power of attorney appointing him, such authority
being necessarily implied. He is not necessarily a lawyer. Admission to the Practice of Law
The Supreme Court has the power to control and regulate 2. no charges against him, involving moral
the practice of law. Thus, the Constitution, turpitude, have been filed or are pending
under Article VIII, Sec. 5 (5) provides: in any court in the Philippines.

Sec. 5. The Supreme Court shall have the Requirement of Good Moral Character: a continuing
following powers: requirement; good moral character is not only a condition
precedent for admission to the legal profession, but it
(5) Promulgate rules concerning the protection and
must also remain intact in order to maintain ones good
enforcement of constitutional rights, pleading, practice
standing in that exclusive and honored fraternity.
and procedure in all courts, the admission to the practice
(Tapucar vs. Tapucar, 1998)
of law, the Integrated Bar, and legal assistance to the
under privileged. Academic Requirements for Candidates:

The Supreme Court acts through a Bar Examination 1. a bachelors degree in arts and sciences (pre-law
Committee in the Exercise of his judicial function to admit course)
candidates to the legal profession.
2. a completed course in:
The Bar Examination Committee:
1. civil law
Composed of (1) member of the Supreme Court
2. commercial law
who acts as Chairman and eight (8) members of
the bar. 3. remedial law
The 8 members act as examiners for the 8 bar 4. public international law
subjects with one subject assigned to each.
5. private international law
The Bar Confidant acts as a sort of liason officer
between the court and the Bar Chairman on the 6. political law
other hand, and the individual members of the 7. labor and social legislation
committee on the other. He is at the same time
a deputy clerk of court. 8. medial jurisprudence

Admission of examinees is always subject to the 9. taxation

final approval of the court. 10. legal ethics
Practice of Law Non-lawyers who may be authorized to appear in court:
The practice of law is a privilege granted only to those 1. Cases before the MTC: Party to the litigation, in
who possess the STRICT INTELLECTUAL AND MORAL person OR through an agent or friend or
QUALIFICATIONS required of lawyers who are appointed by him for that purpose (Sec. 34, Rule
instruments in the effective and efficient administration 138, RRC)
of justice. (In Re: Argosino, 1997).
2. Before any other court: Party to the litigation, in
Requirements for admission to the Bar: person (Ibid.)
1. citizen of the Philippines 3. Criminal case before the MTC in a locality where
2. at least 21 years old a duly licensed member of the Bar is not available:
the judge may appoint a non-lawyer who is:
3. of good moral character
1. resident of the province
4. Philippine resident
2. of good repute for probity and ability to
5. Production before the supreme court satisfactory aid the accused in his defense (Rule 116,
evidence of: Sec. 7, RRC).
1. good moral character
 4. Legal Aid Program A senior law student, who is administration bodies (Art. VI, Sec. 14, 1987
enrolled in a recognized law schools clinical Constitution).
education program approved by the supreme
2. Under the Local Government Code (RA 7160, Sec.
Court may appear before any court without
91)Sanggunian members may practice their
compensation, to represent indigent clients,
professions provided that if they are members of
accepted by the Legal Clinic of the law
the Bar, they shall not:
school. The student shall be under the direct
supervision and control of an IBP member duly 1. appear as counsel before any court in
accredited by the law school. any civil case wherein a local government
unit or any office, agency, or
5. Under the Labor code, non-lawyers may appear
instrumentality of the government is the
before the NLRC or any Labor Arbiter, if
adverse party;
1. they represent themselves, or if
2. appear as counsel in any criminal case
2. they represent their organization or wherein an officer or employee of the
members thereof (Art 222, PO 442, as national or local government is accused
amended). of an offense committed in relation to his
office;
6. Under the Cadastral Act, a non-lawyer can
represent a claimant before the Cadastral 3. collect any fee for their appearance in
Court (Act no. 2259, Sec. 9). administrative proceedings involving the
local government unit of which he is an
Public Officials who cannot engage in the private practice
official;
of Law in the Philippines:
4. use property and personnel of the
1. Judges and other officials as employees of the
government except when the
Supreme Court (Rule 148, Sec. 35, RRC).
Sanggunian member concerned is
2. Officials and employees of the OSG (Ibid.) defending the interest of the
government.
3. Government prosecutors (People v. Villanueva,
14 SCRA 109). 3. Under RA 910, Sec. 1, as amended, a retired
justice or judge receiving pension from the
4. President, Vice-President, members of the government, cannot act as counsel in any civil
cabinet, their deputies and assistants (Art. VIII case in which the Government, or any of its
Sec. 15, 1987 Constitution). subdivision or agencies is the adverse party or in
5. Members of the Constitutional Commission (Art a criminal case wherein an officer or employee of
IX-A, Sec. 2, 1987 Constitution) the Government is accused of an offense in
relation to his office.
6. Ombudsman and his deputies (Art. IX, Sec. 8
(2nd par), 1987 Constitution) Attorneys Oath:

7. All governors, city and municipal mayors (R.A. No. I, __________________, do solemnly swear that I
7160, Sec. 90). will maintain allegiance to the Republic of the Philippines;
I will support its constitution and obey the laws as well as
8. Those prohibited by special law the legal orders of the duly constituted authorities therein;
Public Officials with Restrictions in the Practice of Law: I will do no falsehood, nor consent to the doing of any in
court; I will not willingly nor wittingly promote or sue any
1. 1. No Senator as member of the House of groundless, false or unlawful suit, or give aid nor consent
Representative may personally appear as counsel to the same; I will delay no man for money or malice, and
before any court of justice as before the Electoral will conduct myself as a lawyer according to the best of
Tribunals, as quasi-judicial and other my knowledge and discretion, with all good fidelity as well
to the court as to my clients; and I impose upon myself this
voluntary obligations without any mental reservation or by the justice of the cause with which he is
purpose of evasion. So help me God. (Form 28, RRC) charged;

Nature of Lawyers Oath 7. not to encourage either the commencement or

the continuance of an action or proceeding, or
The lawyers oath is not mere facile words, drift
delay any mans cause for any corrupt motive or
and hollow, but a sacred trust that must be
interest;
upheld and kept inviolable. (Sebastian vs. Calis,
1999) 8. never to reject, for any consideration personal to
himself, the cause of the defenseless or
It is NOT a mere ceremony or formality for
oppressed;
practicing law. Every lawyer should at all times
weigh his actions according to the sworn 9. in the defense of a person accused of a crime, by
promises he made when taking the lawyers oath. all fair and honorable means, regardless of his
(In Re: Argosino, 1997, In Re: Arthur M. Cuevas, personal opinion as to the guilt of the accused, to
1998). present every defense that the law permits, to
the end that no person may be deprived of life or
Code of Professional Responsibility
liberty, but by due process of law.
Chapter 1:
Rule 1.01 A lawyer shall not engage in unlawful,
Lawyer and Society dishonest, immoral or deceitful conduct.

CANON 1 A lawyer shall uphold the constitution, obey Conviction for crimes involving moral turpitude
the laws of the land and promote respect for law and for a number of lawyers have been suspended or
legal processes disbarred for conviction of crimes involving moral
turpitude such as:
Duties of Attorneys:
1. estafa
1. to maintain allegiance to the Republic of the
Philippines and to support the Constitution and 2. bribery
obey the laws of the Philippines;
3. murder
2. to observe and maintain the respect due to the
4. seduction
courts of justice and judicial officers;
5. abduction
3. to counsel or maintain such actions or
proceedings only as appear to him as just, and 6. smuggling
such defenses only as he believes to be honestly
7. falsification of public documents
debatable under the laws;
Morality as understood in law This is a human
4. to employ, for the purpose of maintaining the
standard based on natural moral law which is
causes confided to him, such means only as are
embodied in mans conscience and which guides
consistent with truth and honor, and never seek
him to do good and avoid evil.
to mislead the judge or any judicial officer by an
artifice or false statement of fact or law; Moral Turpitude: any thing that is done contrary
to justice, honesty, modesty or good morals.
5. to maintain inviolate the confidence, and at every
peril to himself, to preserve the secrets of his Immoral Conduct: that conduct which is willful,
client, and to accept no compensation in flagrant, or shameless and which shows a moral
connection with his clients business except from indifference to the opinion of the good and
him or with his knowledge and approval; respectable members of the community (Arciga
vs. Maniwag, 106 SCRA 591).
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
 Grossly Immoral Conduct: One that is so corrupt Barratry offense of frequently exciting and
and false as to constitute a criminal act or so stirring up quarrels and suits, either at law or
unprincipled or disgraceful as to be reprehensible otherwise; Lawyers act of fomenting suits among
to a high degree; it is a WILLFUL, FLAGRANT or individuals and offering his legal services to one
SHAMELESS ACT which shows a MORAL of them.
INDIFFERENCE to the opinion of respectable
Ambulance Chasing Act of chasing victims of
members of the community. (Narag vs. Narag,
accidents for the purpose of talking to the said
1998)
victims (or relatives) and offering his legal
Rule 1.02 A lawyer shall not counsel or abet activities services for the filing of a case against the
aimed at defiance of the law or at lessening confidence in person(s) who caused the accident(s).
the legal system.
CANON 2 A lawyer shall make his legal services available
Rule 1.03 A lawyer shall not, for any corrupt motive or in an efficient and convenient manner compatible with
interest, encourage any suit or proceeding or delay any the independence, integrity and effectiveness of the
mans cause. profession.

Rule 1.04 A lawyer shall encourage his clients to avoid, Rule 2.01 A lawyer shall not reject, except for valid
end or settle the controversy if it will admit of a fair reasons, the cause of the defenseless or oppressed.
settlement.
Rule 2.02 In such a case, even if a lawyer does not accept
If a lawyer finds that his clients cause is a case, he shall not refuse to render legal advise to the
defenseless, it is his burden/duty to advise the person concerned if only to the extent necessary to
latter to acquiesce and submit, rather than safeguard latters rights.
traverse the incontrovertible.
Rule 2.03 a lawyer shall not do or permit to be done any
It is unprofessional for a lawyer to volunteer act designed primarily to solicit legal business.
advice to bring a lawsuit, except in rare cases
Primary characteristics which distinguish the
where the blood, relationship or trust makes it his
legal profession from business;
duty to do so.
1. duty of service, of which the emolument is a by
Temper clients propensity to litigate.
product, and in which one may attain the highest
Should not be an instigator of controversy but a eminence without making such money;
mediator for concord and conciliator for
2. a relation as an officer of court to the
compromise.
administration of justice involving thorough
The law violated need not be a penal law. Moral sincerity, integrity and reliability;
Turpitude everything which is done contrary to
3. a relation to clients in the highest degree of
justice, honesty, modesty or good morals.
fiduciary;
Give advice tending to impress upon the client
4. a relation to colleagues at the bar characterized
and his undertaking exact compliance with the
by candor, fairness and unwillingness to resort to
strictest principles of moral law.
current business methods of advertising and
Until a statute shall have been construed and encroachment on their practice or dealing with
interpreted by competent adjudication, he is free their clients.
and is entitled to advise as to its validity and as to
Defenseless not in the position to defend
what he conscientiously believes to be its just
themselves due to poverty, weakness, ignorance
meaning and extent.
or other similar reasons.
A lawyer has the obligation not to encourage
Oppressed victims of acts of cruelty, unlawful
suits. This is so as to prevent barratry and
exaction, domination or excessive use of
ambulance chasing.
authority.
Rule on Advertisements parties, just because his attorneys fees were not
provided for in the agreement.
General Rule: No advertisements allowed. The
most worthy and effective advertisement Rule: A lawyer cannot compromise the case
possible is the establishment of a well-merited without clients consent (special authority).
reputation for professional capacity and fidelity Exception: Lawyer has exclusive management of
to trust. the procedural aspect of the litigation (e.g.
Submission for decision on the evidence so far
Lawyers may not advertise their services or expertise nor
presented. But in case where lawyer is
should not resort to indirect advertisements for
confronted with an emergency and
professional employment, such as furnishing or inspiring
prompt/urgent action is necessary to protect
newspaper comments, or procuring his photograph to be
clients interest and theres no opportunity for
published in connection with causes in which the lawyer
consultation, the lawyer may compromise.
has been engaged or concerning the manner of their
conduct, the magnitude of the interest involved, the Rule: Refrain from charging rates lower than the
importance of the lawyers position, and all other self- customary rates.
laudation.
Valid Justification: relatives, co-lawyers, too poor
Exceptions/ Permissible advertisements:
CANON 3 A lawyer in making known is legal services shall
1. Reputable law lists, in a manner consistent with use only true, honest, fair dignified and objective
the standards of conduct imposed by the canons, information or statement of facts.
of brief biographical and informative data, are
Rule 3.01 A lawyer shall not use or permit the use of any
allowed.
false, fraudulent, misleading, deceptive, undignified, self-
2. Ordinary simple professional Card. It may contain auditory or unfair statement or claim regarding his
only a statement of his name, the name of the qualifications or legal services.
law firm which he is connected with, address,
Violation of Rule 3.01 is unethical, whether done
telephone number and the special branch of law
by him personally or through another with his
practiced.
permission.
3. A simple announcement of the opening of a law
Rule 3.02 In the choice of a firm name, no false,
firm or of changes in the partnership, associates,
misleading, or assumed name shall be used. The
firm name or office address, being for the
continued use of the name of a deceased partner is
convenience of the profession, is not
permissible provided that the firm indicates in all its
objectionable.
communication that said partner is deceased.
4. Advertisements or simple announcement of the
Rule 3.03 Where a partner accepts public office, he shall
existence of a lawyer or his law firm posted
withdraw from the firm and his name shall be dropped
anywhere it is proper such as his place of business
from the firm name unless the law allows him to practice
or residence except courtrooms and government
law concurrently.
buildings.
Rule 3.04 A lawyer shall not pay or give anything of value
5. Advertisements or announcement in any legal
to representatives of the mass media in anticipation of, or
publication, including books, journals, and legal
in return for, publicity to attract legal business.
magazines.
It is unethical to use the name of a foreign firm.
Rule 2.04 A lawyer shall not charge rates lower than
those customarily or prescribed, unless circumstances so Death of a partner does not extinguish attorney-
warrant. client relationship with the law firm.
A lawyer cannot delay the approval of a Negligence of a member in the law firm is
compromise agreement entered into between negligence of the firm.
CANON 4 A lawyer shall participate in the improvement 3. justness and sincerity
of the legal system by initiating or supporting efforts in law
4. political neutrality
reform and in the administration of justice.
5. responsiveness to the public
Examples: Presenting position papers or
resolutions for the introduction of pertinent bills 6. nationalism and patriotism
in congress; Petitions with the Supreme Court for
the amendment of the Rules of Court. 7. commitment to democracy

CANON 5 A lawyer shall keep abreast of legal 8. simple living (Sec. 4, RA 6713)
developments, participate in continuing legal education Rule 6.01 The primary duty of a lawyer engaged in public
programs, support efforts to achieve high standards in law prosecution is not to convict but to see that justice is done.
schools as well as in the practical training of students and The suppression of facts or the concealment of witnesses
assist in disseminating information regarding the law and capable of establishing the innocence of the accused is
jurisprudence. highly reprehensible and is cause of disciplinary action.

Rule 6.02 A lawyer in the government service shall not

Objectives of integration of the Bar use his public position to promote or advance his private
interest, nor allow the latter to interfere with his public
To elevate the standards of the legal profession duties.
To improve the administration of justice Rule 6.03 A lawyer shall not, after leaving government
service, accept engagements or employment in
To enable the Bar to discharge its responsibility
connection with any matter in which he had intervened
more effectively.
while in said service.
The three-fold obligation of a lawyer
Various ways a government lawyer leaves
First, he owes it to himself to continue improving government service:
his knowledge of the laws;
1. retirement
Second, he owes it to his profession to take an
2. resignation
active interest in the maintenance of high
standards of legal education; 3. expiration of the term of office
Third, he owes it to the lay public to make the law 4. dismissal
a part of their social consciousness.
5. abandonment
CANON 6 These canons shall apply to lawyers in
government service in the discharge of their official tasks. Q: What are the pertinent statutory provisions
regarding this Rule?
Public Officials include elective and appointive
officials and employees, permanent or A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713
temporary, whether in the career or non-career Sec 3. Corrupt practice of Public Officers. In addition to
service, including military and police personnel, acts or omission of public officers already penalized by
whether or not they receive compensation, existing law, the following shall constitute corrupt
regardless of amount. (Sec. 3 (b), RA 6713). practice of any public officer and are hereby declared to
The law requires the observance of the following be unlawful:
norms of conduct by every public official in the (d) accepting or having any member of his family accept
discharge and execution of their official duties: employment in a private enterprise which has pending
1. commitment to public interest official business with him during the pendency thereof or
within one year after termination.
2. professionalism
Section 7 (b) of RA 6713 prohibits officials from doing any Rule 7.03 A lawyer shall not engage in conduct that
of the following acts: adversely reflects on his fitness to practice law, nor should
he, whether in public or private life, behave in a scandalous
1. own, control, manage or accept employment as
manner to the discredit of the legal profession.
officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private Upright character; not mere absence of bad
enterprise regulated, supervised or licensed by character.
their office unless expressly allowed by law.
A lawyer must at all times conduct himself
These prohibitions shall continue to apply for a period of properly as not to put into question his fitness to
one (1) year after resignation, retirement, or separation practice law.
from public office, except in the case of subparagraph (b)
Avoid scandalous conduct; not only required to
(2) above, but the professional concerned cannot practice
refrain from adulterous relationships or the
his profession in connection with any matter before the
keeping of mistress but must also behave himself
office he used to be with, in which case the one year
as to avoid scandalizing the public by creating the
prohibition shall likewise apply.
belief that he is flouting those moral standards.
Lawyers in the government service are prohibited
to engage in the private practice of their
profession unless authorized by the constitution CANON 8 A lawyer shall conduct himself with courtesy,
or law, provided that such practice will not fairness and candor towards his professional colleagues,
conflict or tend to conflict with their official and shall avoid harassing tactics against opposing counsel.
functions.
Rule 8.01 A lawyer shall not, in his professional dealings,
Misconduct in office as a public official may be a use language which is abusive, offensive or otherwise
ground for disciplinary action (if of such character improper.
as to affect his qualification as lawyer or to show
moral delinquency). Rule 8.02 A lawyer shall not, directly or indirectly,
encroach upon the professional employment of another
Should recommend the acquittal of the accused lawyer; however, it is the right of any lawyer without fear
whose conviction is on appeal, IF he finds no legal or favor, to give proper advice and assistance to those
basis to sustain the conviction. seeking relief against unfaithful or neglectful counsel.
Includes restriction is representing conflicting It is the duty of a lawyer to inform the SC or the
interest (e.g. Accepting engagements vs. former IBP of such malpractice to the end that the
employer, PNB) malpractitioner be properly disciplined.
The OSG is not authorized to represent a public Not to use in pleadings and in practice the
official at any state of a criminal case. following: disrespectful, abusive and abrasive
language, offensive personalities, unfounded
The Lawyer and the Legal Profession
accusations or intemperate words tending to
CANON 7 A lawyer shall at all times uphold the integrity obstruct, embarrass or influence the court in
and dignity of the legal profession, and support the administering justice.
activities of the integrated bar.
Want of intention: not an excuse for the
Rule 7.01 A lawyer shall be answerable for knowingly disrespectful language used. It merely extenuates
making false statements or suppressing a material fact, in liability.
connection with his application for admission to the bar.

Rule 7.02 A lawyer shall not support application for

CANON 9 A lawyer shall not directly or indirectly assist in
admission to the bar by any person known to him or be
the unauthorized practice of law.
unqualified in respect to character, education, or other
relevant attribute.
Rule 9.01 A lawyer shall not delegate to any unqualified Rule 10.01 A lawyer shall not do any falsehood, nor
person the performance of any task which by law may only consent to the doing of any in court; nor shall he mislead
be performed by a member of the bar in good standing. or allow the court to be mislead by any artifice.

Rule 9.02 A lawyer shall not divide or stipulate to divide Rule 10.02 A lawyer shall not knowingly misquote or
a fee for legal services with persons not licensed to misrepresent the contents of the paper, the language or
practice law, except: the argument of opposing counsel, or the text of a decision
of authority, or knowingly cite as law a provision already
1. a. Where there is a pre-existing agreement,
rendered inoperative by repeal or amendment, or assert
with a partner or associate that , upon the latters
as a fact that which has not been approved.
death, money shall be paid over a reasonable
period of time to his estate or to the persons Rule 10.03 A lawyer shall observe the rules of procedure
specified in the agreement; or and shall not misuse them to defeat the ends of justice.

2. b. Where a lawyer undertakes to complete Judge-lawyer relationship: based on

unfinished legal business of a deceased lawyer; or independence and self-respect.

3. c. Where a lawyer or law firm includes non- Lawyers duty to the court:
lawyer employees in a retirement plan, even if the
1. respect and loyalty
plan is based in whole or in part of a profit sharing
arrangements. 2. fairness, truth and candor
Lawyer shall not negotiate with the opposite 3. no attempt to influence courts
party who is represented by a counsel. Neither
Cases of falsehood:
should lawyer attempt to interview the opposite
party and question him as to the facts of the case 1. stating in the Deed of Sale that property is free
even if the adverse party is willing to do so. from all liens and encumbrances when not so
Lawyer should deal only with counsel, even if 2. encashing check payable to a deceased cousin by
theres a fair agreement. signing the latters name on the check
Lawyer may however interview any witness or 3. falsifying a power of attorney and using it in
prospective witness for the opposing side. collecting the money due to the principal
Limitation: avoid influencing witness in recital
and conduct. 4. alleging in one pleading that the clients were
mere lessees and in another pleading that the
A lawyer must not take as partner or associate same clients were owners
one who:
5. presenting falsified documents in court which he
1. is not a lawyer knows to be false
2. is disbarred 6. filing false charges on groundless suits
3. has been suspended from the practice of law 7. using in pleadings the IBP number of another
4. foreign lawyer, unless licensed by the SC. lawyer

A lawyer cannot delegate his authority without 8. unsolicited appearances

clients consent even to a qualified person. 9. use of fictitious residence certificate
The Lawyer and the Courts 10. misquotation/misrepresentation
CANON 10 A Lawyer owes candor, fairness and good faith 11. citing a repealed or amended provision
to the court.
12. asserting a fact not proved
 13. verbatim reproductions down to the last word Lawyers must be respectful not only in actions
and punctuation mark but also in the use of language whether in oral
arguments or in pleadings.
14. slight typo mistake: not sufficient to place him in
contempt Must exert efforts that others (including clients,
witnesses) shall deal with the courts and judicial
officers with respect.
CANON 11 A lawyer shall observe and maintain the
Obedience to court orders and processes.
respect due to the courts and to judicial officers and should
insist on similar conduct by Criticisms of courts must not spill the walls of
others. decency. There is a wide difference between fair
criticism and abuse and slander of courts and
Rule 11.01 A lawyer shall appear in court properly
judges. Intemperate and unfair criticism is a
attired.
gross violation of the duty to respect the
A lawyer may NOT wear outlandish or colorful courts. It amounts to misconduct which subjects
clothing to court. the lawyer to disciplinary action.

As an officer of the court and in order to maintain A mere disclaimer of any intentional disrespect
the dignity and respectability of the legal by appellant is not a ground for exoneration. His
profession, a lawyer who appears in court must intent must be determined by a fair
be properly attired. Consequently, the court can interpretation of the languages employed by
hold a lawyer IN CONTEMPT of court if he does him. He cannot escape responsibility by claiming
not appear in proper attire. Any deviation from that his words did not mean what any reader
the commonly accepted norm of dressing in must have understood them to mean.
court (barong or tie, not both) is enough to
Lawyer can demand that the misbehavior of a
warrant a citing for contempt.
judge be put on record.
Rule 11.02 A lawyer shall punctually appear at court
Lawyers must be courageous enough to expose
hearings.
arbitrariness and injustice of courts and judges.
Rule 11.03 A lawyer shall abstain from scandalous,
A lawyer may submit grievances against judges in
offensive, or menacing language or behavior before the
the Supreme Court, Ombudsman, or Congress
courts.
(for impeachment of SC judges only).
Rule 11.04 A lawyer shall not attribute to a judge motives
not supported by the record or having no materiality to the
case. CANON 12 A lawyer shall exert every effort and consider
it his duty to assist in the speedy and efficient
Rule 11.05 A lawyer shall submit grievances against a
administration of justice.
judge to the proper authorities already.
Rule 12.01 A lawyer shall not appear for trial unless he
A lawyer is an officer of the court. He occupies a
has adequately prepared himself with the law and the facts
quasi-judicial office with a tripartite obligation to
of his case, the evidence he will adduce and the order of
the courts, to the public and to his clients.
its preference. He should also be ready with the original
The public duties of the attorney take documents for comparison with the copies.
precedence over his private duties. His first duty
Newly hired counsel: must acquaint himself with
is to the courts. Where duties to the courts
all the antecedent proceedings and processes
conflict with his duties to his clients, the latter
that have transpired in the record prior to his
must yield to the former.
takeover.
 If presenting documentary exhibits, he must be establish a claim against him. However, it is the right of a
ready with the originals for the purpose of witness:
comparison with copies thereof.
1. to be protected from irrelevant, improper, or
Rule 12.02 A lawyer shall not file multiple actions arising insulting questions and from harsh or insulting
from the same cause. demeanor;

Forum shopping omission to disclose pendency 2. not to be detained longer than the interest of
of appeal or prior dismissal of his case by a court justice requires;
of concurrent jurisdiction.
3. not to be examined except only as to matters
Forum shopping exists when as a result of an pertinent to the issue;
adverse opinion in one forum:
4. not to give any answer which will tend to subject
1. a party seeks favorable opinion (other than by him to a penalty for an offense unless otherwise
appeal or certiorari) in another; or provided by law, or

2. when he institutes two or more actions or 5. nor to give answer which will tend to degrade his
proceedings grounded on the same cause, on the reputation, unless it be to the very fact at issue or
gamble that one or the other would make a to a fact from which the fact in issue would be
favorable disposition (Benguet Electric Corp. vs. presumed. But a witness must answer to the fact
Flores, 287 SCRA 449, March 12, 1998). of his previous final conviction for an offense.
(Rule 132, Sec. 3, RRC)
The most important factor in determining the
existence of forum-shopping is the VEXATION Rule 12.08 A lawyer shall avoid testifying in behalf of his
caused the courts and party-litigants by a party client, except:
who asks different courts to rule on the same
1. a. on formal matters, such as the mailing,
related causes, asking the same relief.
authentication or custody of an instrument and
Forum shopping constitutes DIRECT CONTEMPT the like:
of court and may subject the offending lawyer to
2. b. on substantial matters, in cases where his
disciplinary action.
testimony is essential to the ends of justice, in
Rule 12.03 A lawyer shall not, after obtaining extensions which event he must, during his testimony,
of time to file pleadings, memoranda or briefs, let the entrust the trial of the case to another counsel.
period lapse without submitting the same or offering an
explanation for his failure to do so.
CANON 13 A lawyer shall rely upon the merits of his
Asking for extension of time must be in good
cause and refrain from any impropriety which tends to
faith.
influence, or gives the appearance of influencing the court.
Rule 12.04 A lawyer shall not unduly delay a case, impede
Rule 13.01 A lawyer shall not extend extraordinary
the execution of a judgment or misuse court processes.
attention or hospitality to, nor seek opportunity for,
Rule 12.05 A lawyer shall refrain from talking to his cultivating familiarity with judges.
witness during a break or recess in the trial, while the
Rule 13.02 A lawyer shall not make public statements in
witness is still under examination.
the media regarding a pending case tending to arouse
Rule 12.06 A lawyer shall not knowingly assist a witness public opinion for or against a party.
to misrepresent himself or to impersonate another.
Rule 13.03 A lawyer shall not brook or invite interference
Rule 12.07 A lawyer shall not abuse, browbeat or harass by another branch or agency of the government in the
a witness nor needlessly inconvenience him. normal course of judicial proceedings.

Rights and obligations of a witness a witness must The judge has the corresponding duty not to
answer questions, although his answer may tend to convey or permit others to convey the impression
 that they are in a special position to influence the
judge.

Discussing cases with the judge privately should

be avoided.

Test when public statement is contemptuous:

The character of the act done and its direct
tendency to prevent and obstruct the discharge
of official duty.

To warrant a finding of prejudicial publicity,

there must be an allegation and proof that the
judges have been unduly influenced, not simply
that they might be, by the barrage of publicity.

Lawyer is equally guilty as the client if he induces

the latter to cause the publicity.