Practice of Law – any activity, in or out of court which requires the application of law, legal procedure,

knowledge, training and experience. To engage in the practice of law is to give notice or render any kind of
service, which or devise or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod,
201 SCRA 210).

Practice of Law

The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND
MORAL QUALIFICATIONS required of lawyers who are instruments in the effective and efficient
administration of justice. (In Re: Argosino, 1997).

Requirements for admission to the Bar:

1. citizen of the Philippines

2. at least 21 years old
3. of good moral character
4. Philippine resident
5. Production before the supreme court satisfactory evidence of:
1. good moral character
2. no charges against him, involving moral turpitude, have been filed or are pending in any court in
the Philippines.

Requirement of Good Moral Character: a continuing requirement; good moral character is not only a condition
precedent for admission to the legal profession, but it must also remain intact in order to maintain one’s good
standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998)

Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class of persons who are licensed

officers of the courts, empowered to appear prosecute and defend and upon whom peculiar duties, responsibilities,
and liabilities are developed by law as a consequence (Cui v. Cui, 120 Phil. 729).

Attorney in fact – an agent whose authority is strictly limited by the instrument appointing him, though he may
do things not mentioned in his appointment necessary to the performance of the duties specifically required of
him by the power of attorney appointing him, such authority being necessarily implied. He is not necessarily a
lawyer.

Counsel de Oficio – a counsel, appointed or assigned by the court, from among members of the Bar in good
standing who, by reason of their experience and ability, may adequately defend the accused.

Note: In localities where members of the Bar are not available, the court may appoint any person, resident of the
province and good repute for probity and ability, to defend the accused. Sec. 7, Rule 116, Rules of Court.

Attorney ad hoc – a person named and appointed by the court to defend an absentee defendant in the suit in
which the appointment is made (Bienvenu v. Factor’s of Traders Insurance Cp., 33 La.Ann.209)

Attorney of Record – one who has filed a notice of appearance and who hence is formally mentioned in court
records as the official attorney of the party. Person whom the client has named as his agent upon whom service
of papers may be made.

(Reynolds v. Reynolds, Cal.2d580).

Of Counsel – to distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (5
Am. Jur. 261).

Lead Counsel – The counsel on their side of a litigated action who is charged with the principal management and
direction of a party’s case.

House Counsel – Lawyer who acts as attorney for business though carried as an employee of that business and
not as an independent lawyer.

Bar Association – an association of members of the legal profession.

Advocate – The general and popular name for a lawyer who pleads on behalf of someone else.

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Barrister (England) – a person entitled to practice law as an advocate or counsel in superior court.

Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business
correspond to those of an attorney at law or solicitor in Chancery.

Titulo de Abogado – it means not mere possession of the academic degree of Bachelor of Laws but membership
in the Bar after due admission thereto, qualifying one for the practice of law.

Admission to the Practice of Law

The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution,
under Article VIII, Sec. 5 (5) provides:

Sec. 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and
procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the under
privileged.

The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function to admit
candidates to the legal profession.

The right to practice law is not a natural or constitutional right but is a privilege. It is limited to persons of good
moral character with special qualifications duly ascertained and certified. The exercise of this privilege
presupposes possession of integrity, legal knowledge, educational attainment, and even public trust since a lawyer
is an officer of the court. A bar candidate does not acquire the right to practice law simply by passing the bar
examinations. The practice of law is a privilege that can be withheld even from one who has passed the bar
examinations, if the person seeking admission had practiced law without a license.

True, respondent here passed the 2000 Bar Examinations and took the lawyer’s oath. However, it is the signing
in the Roll of Attorneys that finally makes one a full-fledged lawyer. The fact that respondent passed the bar
examinations is immaterial. Passing the bar is not the only qualification to become an attorney-at-law. Respondent
should know that two essential requisites for becoming a lawyer still had to be performed, namely: his lawyer’s
oath to be administered by this Court and his signature in the Roll of Attorneys. (Aguirre vs. Rana, B. M. No.
1036, June 10, 2003)

NOTARIAL PRACTICE

"Sec. 12. Component Evidence of Identity. The phrase "competent evidence of identity" refers to the
identification of an individual based on:

(a) at least one current identification document issued by an official agency bearing the photograph and
signature of the individual, such as but not limited to, passport, driver’s license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter’s ID,
Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System
(SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID,
OFW ID, seaman’s book, alien certificate of registration/immigrant certificate of registration, government
office ID, certification from the National Council for the Welfare of Disable Persons (NCWDP),
Department of Social Welfare and Development (DSWD) certification; or

The Practice of Law -- a

Profession, Not a Business

In this day and age, members of the bar often forget that the practice of law is a profession and not a business. 11
Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily
yields profits.12 The gaining of a livelihood is not a professional but a secondary consideration.13 Duty to public
service and to the administration of justice should be the primary consideration of lawyers, who must subordinate
their personal interests or what they owe to themselves. The practice of law is a noble calling in which emolument
is a byproduct, and the highest eminence may be attained without making much money.14

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In failing to apply to the filing fee the amount given by complainant -- as evidenced by the receipt issued by the
law office of respondent -- the latter also violated the rule that lawyers must be scrupulously careful in handling
money entrusted to them in their professional capacity.15 Rule 16.01 of the Code of Professional Responsibility
states that lawyers shall hold in trust all moneys of their clients and properties that may come into their possession.

Lawyers who convert the funds entrusted to them are in gross violation of professional ethics and are guilty of
betrayal of public confidence in the legal profession.16 It may be true that they have a lien upon the client's funds,
documents and other papers that have lawfully come into their possession; that they may retain them until their
lawful fees and disbursements have been paid; and that they may apply such funds to the satisfaction of such fees
and disbursements. However, these considerations do not relieve them of their duty to promptly account for the
moneys they received. Their failure to do so constitutes professional misconduct. 17 In any event, they must still
exert all effort to protect their client's interest within the bounds of law.

If much is demanded from an attorney, it is because the entrusted privilege to practice law carries with it
correlative duties not only to the client but also to the court, to the bar, and to the public. 18 Respondent fell short
of this standard when he converted into his legal fees the filing fee entrusted to him by his client and thus failed
to file the complaint promptly. The fact that the former returned the amount does not exculpate him from his
breach of duty.

F:

SECTION 1. Qualifications. - A notarial commission may be issued by an Executive Judge to any qualified
person who submits a petition in accordance with these Rules.

To be eligible for commissioning as notary public, the petitioner:

(1) must be a citizen of the Philippines;

(2) must be over twenty-one (21) years of age;
(3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or
business in the city or province where the commission is to be issued;
(4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar
Confidant of the Supreme Court and the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime involving moral turpitude.

SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform notarial acts in any place
within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first
day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has
resigned under these Rules and the Rules of Court.

SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register of Notaries Public
in his jurisdiction which shall contain, among others, the dates of issuance or revocation or suspension of notarial
commissions, and the resignation or death of notaries public. The Executive Judge shall furnish the Office of the
Court Administrator information and data recorded in the register of notaries public. The Office of the Court
Administrator shall keep a permanent, complete and updated database of such records

RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC

SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial acts:

(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument
or document presented for notarization if:

(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and
unaffected witnesses to the instrument or document;

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(2) both witnesses sign their own names in addition to the thumb or other mark;
(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of
signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public"; and
(4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or
signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark
on an instrument or document if:

(1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;
(2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to
the instrument or document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature: “Signature affixed by notary in presence of (names and
addresses of person and two [2] witnesses)”; and
(5) the notary public notarizes his signature by acknowledgment or jurat.

SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of work or
business; provided, however, that on certain exceptional occasions or situations, a notarial act may be
performed at the request of the parties in the following sites located within his territorial jurisdiction:

(1) public offices, convention halls, and similar places where oaths of office may be administered;
(2) public function areas in hotels and similar places for the signing of instruments or documents requiring
notarization;
(3) hospitals and other medical institutions where a party to an instrument or document is confined for
treatment; and
(4) any place where a party to an instrument or document requiring notarization is under detention.

(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document -

(1) is not in the notary's presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public through competent
evidence of identity as defined by these Rules.

SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he:

(a) is a party to the instrument or document that is to be notarized;

(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash,
property, or other consideration, except as provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the
principal within the fourth civil degree.

SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules for
any person requesting such an act even if he tenders the appropriate fee specified by these Rules if:

(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to
the former's knowledge of the consequences of the transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is not acting of his or her own free will.

SEC. 5. False or Incomplete Certificate. - A notary public shall not:

(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.

SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:

(a) a blank or incomplete instrument or document; or

(b) an instrument or document without appropriate notarial certification.

NOTARIAL REGISTER

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SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and provide for
lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts consisting
of a permanently bound book with numbered pages.

The register shall be kept in books to be furnished by the Solicitor General to any notary public upon request
and upon payment of the cost thereof. The register shall be duly paged, and on the first page, the Solicitor
General shall certify the number of pages of which the book consists.

For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by the
Office of the Solicitor General and the Office of the Court Administrator.

(b) A notary public shall keep only one active notarial register at any given time.

SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall record in the notarial
register at the time of notarization the following:

(1) the entry number and page number;

(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument, document or proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as defined by these Rules if the signatory is not
personally known to the notary;
(7) the name and address of each credible witness swearing to or affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the notary's regular place of work or business;
and
(10) any other circumstance the notary public may deem of significance or relevance.

(b) A notary public shall record in the notarial register the reasons and circumstances for not completing a
notarial act.

(c) A notary public shall record in the notarial register the circumstances of any request to inspect or copy an
entry in the notarial register, including the requester's name, address, signature, thumbmark or other recognized
identifier, and evidence of identity. The reasons for refusal to allow inspection or copying of a journal entry
shall also be recorded.

(d) When the instrument or document is a contract, the notary public shall keep an original copy thereof as part
of his records and enter in said records a brief description of the substance thereof and shall give to each entry a
consecutive number, beginning with number one in each calendar year. He shall also retain a duplicate original
copy for the Clerk of Court.

(e) The notary public shall give to each instrument or document executed, sworn to, or acknowledged before
him a number corresponding to the one in his register, and shall also state on the instrument or document the
page/s of his register on which the same is recorded. No blank line shall be left between entries.

(f) In case of a protest of any draft, bill of exchange or promissory note, the notary public shall make a full and
true record of all proceedings in relation thereto and shall note therein whether the demand for the sum of
money was made, by whom, when, and where; whether he presented such draft, bill or note; whether notices
were given, to whom and in what manner; where the same was made, when and to whom and where directed;
and of every other fact touching the same.

(g) At the end of each week, the notary public shall certify in his notarial register the number of instruments or
documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall show
this fact.

(h) A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged
before the notary public shall, within the first ten (10) days of the month following, be forwarded to the Clerk of
Court and shall be under the responsibility of such officer. If there is no entry to certify for the month, the
notary shall forward a statement to this effect in lieu of certified copies herein required.

5
SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register shall be signed
or a thumb or other mark affixed by each:

(a) principal;
(b) credible witness swearing or affirming to the identity of a principal; and
(c) witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person
physically unable to sign.

SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person may inspect an entry in the
notarial register, during regular business hours, provided;

(1) the person's identity is personally known to the notary public or proven through competent evidence of
identity as defined in these Rules;
(2) the person affixes a signature and thumb or other mark or other recognized identifier, in the notarial register
in a separate, dated entry;
(3) the person specifies the month, year, type of instrument or document, and name of the principal in the
notarial act or acts sought; and
(4) the person is shown only the entry or entries specified by him.

(b) The notarial register may be examined by a law enforcement officer in the course of an official investigation
or by virtue of a court order.

(c) If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive
in requesting information from the notarial register, the notary shall deny access to any entry or entries therein.

SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial register is stolen, lost,
destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary public
shall, within ten (10) days after informing the appropriate law enforcement agency in the case of theft or
vandalism, notify the Executive Judge by any means providing a proper receipt or acknowledgment, including
registered mail and also provide a copy or number of any pertinent police report.

(b) Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial register
and notarial records shall immediately be delivered to the office of the Executive Judge.

SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified true copy of the notarial
record, or any part thereof, to any person applying for such copy upon payment of the legal fees.

RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall revoke a notarial
commission for any ground on which an application for a commission may be denied.

(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative
sanctions upon, any notary public who:

(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in his notarial register concerning his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month
following;
(4) fails to affix to acknowledgments the date of expiration of his commission;
(5) fails to submit his notarial register, when filled, to the Executive Judge;
(6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his
duties, as may be required by the judge;
(7) fails to require the presence of a principal at the time of the notarial act;
(8) fails to identify a principal on the basis of personal knowledge or competent evidence;
(9) executes a false or incomplete certificate under Section 5, Rule IV;
(10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and
(11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause
for revocation of commission or imposition of administrative sanction.

6
(c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be required to
file a verified answer to the complaint. If the answer of the notary public is not satisfactory, the Executive
Judge shall conduct a summary hearing. If the allegations of the complaint are not proven, the complaint shall
be dismissed. If the charges are duly established, the Executive Judge shall impose the appropriate
administrative sanctions. In either case, the aggrieved party may appeal the decision to the Supreme Court for
review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately executory, unless
otherwise ordered by the Supreme Court.

(d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public, subject
to the procedures prescribed in paragraph (c) above and impose the appropriate administrative sanctions on the
grounds mentioned in the preceding paragraphs (a) and (b).

SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all times exercise
supervision over notaries public and shall closely monitor their activities.

SEC. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge shall immediately
order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of
Court the names of notaries public who have been administratively sanctioned or whose notarial commissions
have been revoked.

SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section 4(e), Rule
VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of such death, shall forthwith cause
compliance with the provisions of these sections.

E.
Rule 1. PURPOSE

SECTION 1. Purpose of the MCLE. Continuing legal education is required of members of the Integrated Bar of
the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence,
maintain the ethics of the profession and enhance the standards of the practice of law.
Rule 2. MANDATORY CONTINUING LEGAL EDUCATION

SECTION 1. Commencement of the MCLE. Within two (2) months from the approval of these Rules by the
Supreme Court En Banc, the MCLE Committee shall be constituted and shall commence the implementation
of the Mandatory Continuing Legal Education (MCLE) program in accordance with these Rules.

SEC. 2. Requirements of completion of MCLE. Members of the IBP not exempt under Rule 7 shall complete
every three (3) years at least thirty-six (36) hours of continuing legal education activities approved by the
MCLE Committee. Of the 36 hours:

(a) At least six (6) hours shall be devoted to legal ethics equivalent to six (6) credit units.

(b) At least four (4) hours shall be devoted to trial and pretrial skills equivalent to four (4) credit units.

(c) At least five (5) hours shall be devoted to alternative dispute resolution equivalent to five (5) credit
units.

(d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence
equivalent to nine (9) credit units.

(e) At least four (4) hours shall be devoted to legal writing and oral advocacy equivalent to four (4) credit
units.

(f) At least two (2) hours shall be devoted to international law and international conventions equivalent to
two (2) credit units.

(g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE
Committee equivalent to six (6) credit units.

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Rule 3. COMPLIANCE PERIOD

SECTION 1. Initial compliance period. -- The initial compliance period shall begin not later than three (3)
months from the adoption of these Rules. Except for the initial compliance period for members admitted or
readmitted after the establishment of the program, all compliance periods shall be for thirty-six (36) months and
shall begin the day after the end of the previous compliance period.

SEC. 2. Compliance Groups. -- Members of the IBP not exempt from the MCLE requirement shall be divided
into three (3) compliance groups, namely:

(a) Compliance group 1. -- Members in the National Capital Region (NCR) or Metro Manila are assigned to
Compliance Group 1.

(b) Compliance group 2. -- Members in Luzon outside NCR are assigned to Compliance Group 2.

(c) Compliance group 3. -- Members in Visayas and Mindanao are assigned to Compliance Group 3.

Nevertheless, members may participate in any legal education activity wherever it may be available to
earn credit unit toward compliance with the MCLE requirement.

SEC. 3. Compliance period of members admitted or readmitted after establishment of the program. Members
admitted or readmitted to the Bar after the establishment of the program shall be assigned to the appropriate
Compliance Group based on their Chapter membership on the date of admission or readmission.

The initial compliance period after admission or readmission shall begin on the first day of the month of
admission or readmission and shall end on the same day as that of all other members in the same Compliance
Group.

(a) Where four (4) months or less remain of the initial compliance period after admission or readmission,
the member is not required to comply with the program requirement for the initial compliance.

(b) Where more than four (4) months remain of the initial compliance period after admission or
readmission, the member shall be required to complete a number of hours of approved continuing legal
education activities equal to the number of months remaining in the compliance period in which the member is
admitted or readmitted. Such member shall be required to complete a number of hours of education in legal
ethics in proportion to the number of months remaining in the compliance period. Fractions of hours shall be
rounded up to the next whole number.

Rule 7. EXEMPTIONS

SECTION 1. Parties exempted from the MCLE. -- The following members of the Bar are exempt from the
MCLE requirement:

(a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of
Executive Departments;

(b) Senators and Members of the House of Representatives;

(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the
judiciary, incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the
Philippine Judicial Academy program of continuing judicial education;

(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;

(e) The Solicitor General and the Assistant Solicitors General;

(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;

(g) The Chairmen and Members of the Constitutional Commissions;

8
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor
of the Office of the Ombudsman;

(i) Heads of government agencies exercising quasi-judicial functions;

(j) Incumbent deans, bar reviewers and professors of law who have teaching experience for at least ten (10)
years in accredited law schools;

(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of
the Philippine Judicial Academy; and

(l) Governors and Mayors.

SEC. 2. Other parties exempted from the MCLE. The following Members of the Bar are likewise exempt:

(a) Those who are not in law practice, private or public.

(b) Those who have retired from law practice with the approval of the IBP Board of Governors.

SEC. 3. Good cause for exemption from or modification of requirement A member may file a verified request
setting forth good cause for exemption (such as physical disability, illness, post graduate study abroad, proven
expertise in law, etc.) from compliance with or modification of any of the requirements, including an extension
of time for compliance, in accordance with a procedure to be established by the MCLE Committee.

SEC. 4. Change of status. The compliance period shall begin on the first day of the month in which a member
ceases to be exempt under Sections 1, 2, or 3 of this Rule and shall end on the same day as that of all other
members in the same Compliance Group.

SEC. 5. Proof of exemption. Applications for exemption from or modification of the MCLE requirement shall
be under oath and supported by documents.

Non-lawyers who may be authorized to appear in court:

1. Cases before the MTC: Party to the litigation, in person OR through an agent or friend or appointed by
him for that purpose (Sec. 34, Rule 138, RRC)
2. Before any other court: Party to the litigation, in person (Ibid.)
3. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available:
the judge may appoint a non-lawyer who is:
1. resident of the province
2. of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC).
4. Legal Aid Program – A senior law student, who is enrolled in a recognized law school’s clinical
education program approved by the supreme Court may appear before any court without compensation,
to represent indigent clients, accepted by the Legal Clinic of the law school. The student shall be under
the direct supervision and control of an IBP member duly accredited by the law school.
5. Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter, if
1. they represent themselves, or if
2. they represent their organization or members thereof (Art 222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act no.
2259, Sec. 9).

Public Officials who cannot engage in the private practice of Law in the Philippines:

1. Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14 SCRA 109).
4. President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec. 15, 1987
Constitution).
5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8. Those prohibited by special law

9
Public Officials with Restrictions in the Practice of Law:

1. 1. No Senator as member of the House of Representative may personally appear as counsel before
any court of justice as before the Electoral Tribunals, as quasi-judicial and other administration bodies
(Art. VI, Sec. 14, 1987 Constitution).
2. Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may practice their
professions provided that if they are members of the Bar, they shall not:
1. appear as counsel before any court in any civil case wherein a local government unit or any
office, agency, or instrumentality of the government is the adverse party;
2. appear as counsel in any criminal case wherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office;
3. collect any fee for their appearance in administrative proceedings involving the local government
unit of which he is an official;
4. use property and personnel of the government except when the Sanggunian member concerned is
defending the interest of the government.
3. Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension from the government,
cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies is
the adverse party or in a criminal case wherein an officer or employee of the Government is accused of
an offense in relation to his office.

Attorney’s Oath:

“I, __________________, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support its constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not willingly nor
wittingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay
no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the court as to my clients; and I impose upon myself this voluntary
obligations without any mental reservation or purpose of evasion. So help me God.” (Form 28, RRC)

Nature of Lawyer’s Oath

 The lawyer’s oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and
kept inviolable. (Sebastian vs. Calis, 1999)
 It is NOT a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his
actions according to the sworn promises he made when taking the lawyer’s oath. (In Re: Argosino, 1997,
In Re: Arthur M. Cuevas, 1998).

Code of Professional Responsibility

Chapter 1:

Lawyer and Society

CANON 1 – A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and
for legal processes

 Duties of Attorneys:

1. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the
laws of the Philippines;
2. to observe and maintain the respect due to the courts of justice and judicial officers;
3. to counsel or maintain such actions or proceedings only as appear to him as just, and such defenses only
as he believes to be honestly debatable under the laws;
4. to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent
with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false
statement of fact or law;
5. to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client,
and to accept no compensation in connection with his client’s business except from him or with his
knowledge and approval;
6. to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the cause with which he is charged;

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 7. not to encourage either the commencement or the continuance of an action or proceeding, or delay any
man’s cause for any corrupt motive or interest;
8. never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
9. in the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no
person may be deprived of life or liberty, but by due process of law.

Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

 Conviction for crimes involving moral turpitude – a number of lawyers have been suspended or
disbarred for conviction of crimes involving moral turpitude such as:

1. estafa
2. bribery
3. murder
4. seduction
5. abduction
6. smuggling
7. falsification of public documents

 Morality as understood in law – This is a human standard based on natural moral law which is
embodied in man’s conscience and which guides him to do good and avoid evil.

 Moral Turpitude: any thing that is done contrary to justice, honesty, modesty or good morals.

 Immoral Conduct: that conduct which is willful, flagrant, or shameless and which shows a moral
indifference to the opinion of the good and respectable members of the community (Arciga vs.
Maniwag, 106 SCRA 591).

 Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so
unprincipled or disgraceful as to be reprehensible to a high degree; it is a WILLFUL, FLAGRANT or
SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members
of the community. (Narag vs. Narag, 1998)

Rule 1.02 – A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence
in the legal system.

Rule 1.03 – A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or
delay any man’s cause.

Rule 1.04 – A lawyer shall encourage his clients to avoid, end or settle the controversy if it will admit of a
fair settlement.

 If a lawyer finds that his client’s cause is defenseless, it is his burden/duty to advise the latter to
acquiesce and submit, rather than traverse the incontrovertible.
 It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where the
blood, relationship or trust makes it his duty to do so.
 Temper client’s propensity to litigate.
 Should not be an instigator of controversy but a mediator for concord and conciliator for compromise.
 The law violated need not be a penal law. “Moral Turpitude” – everything which is done contrary to
justice, honesty, modesty or good morals.
 Give advice tending to impress upon the client and his undertaking exact compliance with the strictest
principles of moral law.
 Until a statute shall have been construed and interpreted by competent adjudication, he is free and is
entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and
extent.
 A lawyer has the obligation not to encourage suits. This is so as to prevent barratry and ambulance
chasing.
 Barratry – offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise;
Lawyer’s act of fomenting suits among individuals and offering his legal services to one of them.

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  Ambulance Chasing – Act of chasing victims of accidents for the purpose of talking to the said victims
(or relatives) and offering his legal services for the filing of a case against the person(s) who caused the
accident(s).

CANON 2 – A lawyer shall make his legal services available in an efficient and convenient
manner compatible with the independence, integrity and effectiveness of the profession.

Rule 2.01 – A lawyer shall not reject, except for valid reasons, the cause of the defenseless or oppressed.

Rule 2.02 – In such a case, even if a lawyer does not accept a case, he shall not refuse to render legal
advise to the person concerned if only to the extent necessary to safeguard latter’s rights.

Rule 2.03 – a lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

 Primary characteristics which distinguish the legal profession from business;

1. duty of service, of which the emolument is a by product, and in which one may attain the highest
eminence without making such money;
2. a relation as an ‘officer of court’ to the administration of justice involving thorough sincerity, integrity
and reliability;
3. a relation to clients in the highest degree of fiduciary;
4. a relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to current
business methods of advertising and encroachment on their practice or dealing with their clients.

 Defenseless – not in the position to defend themselves due to poverty, weakness, ignorance or other
similar reasons.
 Oppressed – victims of acts of cruelty, unlawful exaction, domination or excessive use of authority.

Rule on Advertisements

 General Rule: No advertisements allowed. The most worthy and effective advertisement possible is the
establishment of a well-merited reputation for professional capacity and fidelity to trust.

Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for
professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to
be published in connection with causes in which the lawyer has been engaged or concerning the manner of their
conduct, the magnitude of the interest involved, the importance of the lawyer’s position, and all other self-
laudation.

 Exceptions/ Permissible advertisements:

1. Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief
biographical and informative data, are allowed.
2. Ordinary simple professional Card. It may contain only a statement of his name, the name of the law
firm which he is connected with, address, telephone number and the special branch of law practiced.
3. A simple announcement of the opening of a law firm or of changes in the partnership, associates, firm
name or office address, being for the convenience of the profession, is not objectionable.
4. Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it
is proper such as his place of business or residence except courtrooms and government buildings.
5. Advertisements or announcement in any legal publication, including books, journals, and legal
magazines.

Rule 2.04 – A lawyer shall not charge rates lower than those customarily or prescribed, unless
circumstances so warrant.

 A lawyer cannot delay the approval of a compromise agreement entered into between parties, just
because his attorney’s fees were not provided for in the agreement.
 Rule: A lawyer cannot compromise the case without client’s consent (special authority).
Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e.g.
Submission for decision on the evidence so far presented. But in case where lawyer is confronted with
an emergency and prompt/urgent action is necessary to protect clients interest and there’s no opportunity
for consultation, the lawyer may compromise.
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  Rule: Refrain from charging rates lower than the customary rates.

Valid Justification: relatives, co-lawyers, too poor

CANON 3 – A lawyer in making known is legal services shall use only true, honest, fair dignified and
objective information or statement of facts.

Rule 3.01 – A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive,
undignified, self-auditory or unfair statement or claim regarding his qualifications or legal services.

 Violation of Rule 3.01 is unethical, whether done by him personally or through another with his
permission.

Rule 3.02 – In the choice of a firm name, no false, misleading, or assumed name shall be used. The
continued use of the name of a deceased partner is permissible provided that the firm indicates in all its
communication that said partner is deceased.

Rule 3.03 – Where a partner accepts public office, he shall withdraw from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law concurrently.

Rule 3.04 – A lawyer shall not pay or give anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal business.

 It is unethical to use the name of a foreign firm.

 Death of a partner does not extinguish attorney-client relationship with the law firm.
 Negligence of a member in the law firm is negligence of the firm.

CANON 4 – A lawyer shall participate in the improvement of the legal system by initiating or supporting
efforts in law reform and in the administration of justice.

 Examples: Presenting position papers or resolutions for the introduction of pertinent bills in congress;
Petitions with the Supreme Court for the amendment of the Rules of Court.

CANON 5 – A lawyer shall keep abreast of legal developments, participate in continuing legal education
programs, support efforts to achieve high standards in law schools as well as in the practical training of
students and assist in disseminating information regarding the law and jurisprudence.

Objectives of integration of the Bar

 To elevate the standards of the legal profession

 To improve the administration of justice
 To enable the Bar to discharge its responsibility more effectively.

The three-fold obligation of a lawyer

 First, he owes it to himself to continue improving his knowledge of the laws;

 Second, he owes it to his profession to take an active interest in the maintenance of high standards of
legal education;
 Third, he owes it to the lay public to make the law a part of their social consciousness.

CANON 6 – These canons shall apply to lawyers in government service in the discharge of their official
tasks.

 Public Officials – include elective and appointive officials and employees, permanent or temporary,
whether in the career or non-career service, including military and police personnel, whether or not they
receive compensation, regardless of amount. (Sec. 3 (b), RA 6713).
 The law requires the observance of the following norms of conduct by every public official in the
discharge and execution of their official duties:

1. commitment to public interest

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 2. professionalism
3. justness and sincerity
4. political neutrality
5. responsiveness to the public
6. nationalism and patriotism
7. commitment to democracy
8. simple living (Sec. 4, RA 6713)

Rule 6.01 – The primary duty of a lawyer engaged in public prosecution is not to convict but to see that
justice is done. The suppression of facts or the concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and is cause of disciplinary action.

Rule 6.02 – A lawyer in the government service shall not use his public position to promote or advance his
private interest, nor allow the latter to interfere with his public duties.

Rule 6.03 – A lawyer shall not, after leaving government service, accept engagements or employment in
connection with any matter in which he had intervened while in said service.

 Various ways a government lawyer leaves government service:

1. retirement
2. resignation
3. expiration of the term of office
4. dismissal
5. abandonment

 Q: What are the pertinent statutory provisions regarding this Rule?

A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713

Sec 3. Corrupt practice of Public Officers. In addition to acts or omission of public officers already penalized
by existing law, the following shall constitute corrupt practice of any public officer and are hereby declared to
be unlawful:

(d) accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after termination.

Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts:

1. own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless
expressly allowed by law.

These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation
from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot
practice his profession in connection with any matter before the office he used to be with, in which case the one
year prohibition shall likewise apply.

 Lawyers in the government service are prohibited to engage in the private practice of their profession
unless authorized by the constitution or law, provided that such practice will not conflict or tend to
conflict with their official functions.
 Misconduct in office as a public official may be a ground for disciplinary action (if of such character as
to affect his qualification as lawyer or to show moral delinquency).
 Should recommend the acquittal of the accused whose conviction is on appeal, IF he finds no legal basis
to sustain the conviction.
 Includes restriction is representing conflicting interest (e.g. Accepting engagements vs. former
employer, PNB)
 The OSG is not authorized to represent a public official at any state of a criminal case.

s to the award of attorney’s fees, Article 2208 of the Civil Code provides:

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ART. 2208. In the absence of stipulation, attorney’s fees and expenses of litigation, other than judicial costs,
cannot be recovered, except:

1. When exemplary damages are awarded;

2. When the defendant’s act or omission has compelled the plaintiff to litigate with third persons or to incur
expenses to protect his interest;
3. In criminal cases of malicious prosecution against the plaintiff;
4. In case of a clearly unfounded civil action or proceeding against the plaintiff;
5. Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff’s plainly valid,
just and demandable claim;
6. In actions for legal support;
7. In actions for the recovery of wages of household helpers, laborers and skilled workers;
8. In actions for indemnity under workmen’s compensation and employer’s liability laws;
9. In a separate civil action to recover civil liability arising from a crime;

1. When at least double judicial costs are awarded;

2. In any other case where the court deems it just and equitable that attorney’s fees and expenses of litigation
should be recovered.

In all cases, the attorney’s fees and expenses of litigation must be reasonable.

Chapter IV

The Lawyer and the Client

CANON 14 – A Lawyer shall not refuse his services to the needy.

Rule 14.01 – A lawyer shall not decline to represent a person solely on account of the latter’s race, sex,
creed or status of life, or because of his own opinion regarding the guilt of said person.

Rule 14.02 – A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel
de oficio or as amicus curae or a request from the Integrated Bar of the Philippines or any of its chapters
for rendition of free legal aid.

Rule 14.03 – A lawyer may refuse to accept representation of a client if:

1. a. He is not in position to carry out the work effectively and competently.

2. b. He labors under conflict of interest between him and the prospective client or between a
present client and the prospective client.

Rule 14.04 – A lawyer who accepts the cause of a person unable to pay his professional fees shall observe
the same standard of conduct governing his relations with paying clients.

 Duties to Client:

1. owe utmost learning and ability

2. maintain inviolate the confidence of the client
3. disclose all circumstances/interest regarding the controversy
4. undivided loyalty
5. not reject cause of defenseless and oppressed
6. candor, fairness and loyalty
7. hold in trust money or property
8. respond with zeal to the cause of the client

 Appointment of Amicus Curae

1. by application to the judge

2. the judge on his own initiative may invite the lawyer
3. no right to interfere with or control the condition of the record, no control over the suit

 Cannot refuse on the ground of insufficient of compensation or lack of it

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CANON 15 – A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with
his client.

Rule 15.01 – A lawyer in conferring with a prospective client, shall ascertain as soon as practicable
whether the matter would involve a conflict with another client or his own interest, and if so, shall
forthwith inform the prospective client.

Rule 15.02 – A lawyer shall be bound by the rule on privilege communication in respect of matters
disclosed to him by a prospective client.

Rule on Revealing Client’s Identity

 General Rule: A lawyer may not invoke privilege communication to refuse revealing a client’s
identity. (Regala vs. Sandiganbayan, 262 SCRA 122, September 20, 1996)

Exceptions:

1. When by divulging such identity, it would implicate the client to that same controversy for which the
lawyer’s services were required.
2. It would open client to civil liability
3. The disclosure of such identity will provide for the only link in order to convict the accused, otherwise,
the government has no case.

 Requisites of Privileged Communication:

1. Atty.-client relationship (or a kind of consultancy relationship with a prospective client

2. Communication made by client to lawyer in the course of lawyer’s professional employment
3. Communication is intended to be confidential (see Rule 130, Sec. 21(b), Rules of Court)

 When communication is not privileged:

1. after pleading has been filed

2. communication intended by the client to be sent to a third person through his counsel (it loses its
confidential character as soon as it reaches the hands of third person)

 Even if the communication is unprivileged, the rule of ethics prohibits him from voluntarily revealing or
using to his benefit or to that of a third person, to the disadvantage of the client, the said communication
unless the client consents thereto.
 This is applicable to students under the Student Practice Law Program

Rule 15.03 – A lawyer shall not represent conflicting interests except by written consent of all concerned
given after a full disclosure of the facts.

Rule on Conflicting Interest

It is generally the rule based on sound public policy that an attorney cannot represent adverse interest. It
is highly improper to represent both sides of an issue. The proscription against representation of conflicting
interest finds application where the conflicting interest arises with respect to the same general matter and is
applicable however slight such adverse interest may be. It applies although the attorney’s intention and motives
were honest and he acted in good faith. However, representation of conflicting interest may be allowed where
the parties consent to the representation after full disclosure of facts. (Nakpil vs. Valdez, 286 SCRA 758).

 General Rule:An attorney cannot represent adverse interest.

 Exception:Where the parties consent to the representation after full disclosure of facts.
 The TEST in determining Conflicting Interest: The test is whether or not the acceptance of a new
relation will prevent an attorney from the full discharge of his duty of individual fidelity and loyalty to

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 his client or invite suspicion of unfaithfulness in double-dealing in the performance thereof.(Tiana vs.
Ocampo)

Rule 15.04 – A lawyer may, with the written consent of all concerned, act as mediator, conciliator or
arbitrator in settling disputes.

Rule 15.05 – A lawyer, when advising his client, shall give a candid and honest opinion on the merits and
probable results of the client’s case, neither overstating nor understating the prospects of the case.

Rule 15.06 – A lawyer shall not state nor imply that he is able to influence any public official, tribunal or
legislative body.

Rule 15.07 – A lawyer shall impress upon his client compliance with the laws and the principles of
fairness.

Rule 15.08 – A lawyer who is engaged in another profession or occupation concurrently with the practice
of law shall make clear to his client whether he is acting as a lawyer or in another capacity.

 Lawyers should refrain from giving any advice unless they have obtained sufficient understanding of
their client’s cause. A careful investigation and examination of the facts must first be had before any
legal opinion be given by the lawyer to the client.
 To avoid breach of legal ethics, a lawyer should keep any business, in which is engaged in concurrently
with the practice of law, entirely separate and apart from the latter.

CANON 16 – A lawyer shall hold in trust all moneys and properties of his client that may come into his
possession.

Rule 16.01 – A lawyer shall account for all money or property collected or received for or from the client.

Rule 16.02 – A lawyer shall keep the funds of each client separate and apart from his own and those of
others kept by him.

Rule 16.03 – A lawyer shall deliver the funds and property of his client when due or upon
demand. However, he shall have a lien over the funds and may apply so much thereof as may be
necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He
shall also have a lien to the same extent on all judgments and executions he has secured for his client as
provided for the Rules of Court.

Attorneys’ Liens – an attorney shall have a lien upon the funds, documents and papers of his client
which have lawfully come into his possession and may retain the same until his lawful fees and disbursements
have been paid, and may apply such finds to the satisfaction thereof. He shall also have a lien to the same
extent upon all judgements for the payment of money, and executions issued in pursuance of such judgements
which he has secured in a litigation of his client, from and after the time when he shall have caused a statement
of his claim of such lien to be entered upon the records of the court rendering such judgement, or issuing such
execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and
he shall have the same right and power over such judgments and executions as his client would have to enforce
his lien and secure the payment of his fees and disbursements. (Sec, 37, Rule 138, RRC)

Rule 16.04 – A lawyer shall not borrow money from his client unless the client’s interests are fully
protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a
client except, when in the interest of justice, he has to advance necessary expenses in the legal matter he is
handling for the client.

 Attorney’s lien is not an excuse for non-rendition of accounting

 Cannot disburse client’s money to client’s creditors without authority.
 Failure to deliver upon demand gives rise to the presumption that he has misappropriated the funds for
his own use to the prejudice of the client and in violation of the trust reposed in him.
 Notify client if retaining lien shall be implemented
 When a lawyer enforces a charging lien against his client, the client-lawyer relationship is terminated.

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  The principle behind Rule 16.04 is to prevent the lawyer from taking advantage of his influence over the
client or to avoid acquiring a financial interest in the outcome of the case.

CANON 17 – A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and
confidence reposed in him.

 No fear of judicial disfavor or public popularity should restrain him from full discharge of his duty.
 It is the duty of the lawyer at the time of retainer to disclose to the client all the circumstances of his
relations to the parties and any interest in, or connection with, the controversy which might influence the
client in the selection of counsel.
 The lawyer owes loyalty to his client even after the relation of attorney and client has terminated. It is
not good practice to permit him afterwards to defend in another case other persons against his former
client under the pretext that the case is distinct from and independent of the former case.

CANON 18 – A lawyer shall serve his client with competence and diligence.

Rule 18.01 – A lawyer shall not undertake a legal service 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
as collaborating counsel a lawyer who is competent on the matter.

Rule 18.02 – A lawyer shall not handle any legal matter without adequate preparation.

Rule 18.03 – A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection
therewith shall render him liable.

Rule 18.04 – A lawyer shall keep the client informed of the status of his case and shall respond within a
reasonable time to the client’s request for information.

 Competence: sufficiency of lawyer’s qualification to deal with the matter in question and includes
knowledge and skill and the ability to use them effectively in the interest of the client.
 A lawyer must keep himself constantly abreast with the trend of authoritative pronouncements and
developments in all branches of law.
 There must be extraordinary diligence in prosecution or defense of his client’s cause.
 If a lawyer errs like any other human being, he is not answerable for every error or mistake, and will be
protected as long as he acts honestly and in good faith to the best of his skill and knowledge.
 Lawyer is not an insurer of the result in a case where he is engaged in the counsel.

CANON 19 – A lawyer shall represent his client with zeal within the bounds of the law.

Rule 19.01 – A lawyer shall employ only fair and honest means to attain the lawful objectives of his client
and shall not present, participate in presenting or threaten to present unfounded criminal charges to
obtain an improper advantage in any case or proceeding.

Rule 19.02 – A lawyer who has received information that his client has, in the course of the
representation, perpetuated a fraud upon a person or tribunal, shall promptly call upon the client to
rectify the same, and failing which he ha to terminate the relationship with such client in accordance with
the Rules of Court.

Rule 19.03 – A lawyer shall not allow his client to dictate the procedure in handling the case.

 General Rule: Negligence binds client

Exception: Reckless imprudence (deprives client of due process)

Results in outright deprivation of one’s property through technicality

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  Must not present in evidence any document known to be false; nor present a false witness.
 Negative pregnant is improper since it is an ambiguous pleading (improper if in bad faith and the
purpose is to confuse the other party)

In defense: present every defense the law permits.

 Lawyer should do his best efforts to restrain and to prevent his clients from perpetrating acts which he
himself ought not to do. Or else, withdraw. But lawyer shall not volunteer the information about the
client’s commission of fraud to anyone – counter to duty to maintain client’s confidence and secrets.

CANON 20 – A lawyer shall charge only fair and reasonable fees.

Rule 20.01 – A lawyer shall be guided by the following factors in determining his fees:

1. a. The time spent and the extent of the services rendered or required.
2. b. The novelty and difficulty of the questions involved;
3. c. The importance of the subject matter;
4. d. The skill demanded;
5. e. The probability of losing other employment as a result of acceptance of the proffered case;
6. f. The customary charges for similar services and the schedule of fees of the IBP chapter to
which he belongs;
7. g. The amount involved in the controversy and the benefits resulting to the client from the
services;
8. h. The contingency or certainty of compensation;
9. i. The character of the employment, whether occasional or established; and
10. j. The professional standing of the lawyer.

 Kinds of Payment which may be stipulated upon:

1. a fixed or absolute fee which is payable regardless of the result of the case
2. a contingent fee that is conditioned to the securing of a favorable judgment and recovery of money or
property and the amount of which may be on a percentage basis
3. a fixed fee payable per appearance
4. a fixed fee computed by the number of hours spent
5. a fixed fee based on a piece of work

 Attorney’s Fees

1. Ordinary attorney’s fee -the reasonable compensation paid to a lawyer by his client for the legal services
he has rendered to the latter. The basis for this compensation is the fact of his employment by and his
agreement with the client.
2. Extraordinary attorney’s fee – an indemnity for damages ordered by the court to be paid by the losing
party in litigation. The basis for this is any of the cases provided for by law where such award can be
made, such as those authorized in Article 2208 of the Civil Code, and is payable NOT to the lawyer but
to the client, unless they have agreed that the award shall pertain to the lawyer as additional
compensation or as part thereof.

 How attorney’s fees may be claimed by the lawyer:

1. It may be asserted either in the very action in which the services of a lawyer had been rendered or in a
separate action.
2. A petition for attorney’s fees may be filed before the judgment in favor of the client is satisfied or the
proceeds thereof delivered to the client.
3. The determination as to the propriety of the fees or as to the amount thereof will have to be held in
abeyance until the main case from which the lawyer’s claim for attorney’s fees may arise has become
final. Otherwise, the determination of the courts will be premature.

 Kinds of Retainer Agreements on Attorney’s fees:

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 1. General Retainer or Retaining Fee – it is the fee paid to a lawyer to secure his future services as general
counsel for any ordinary legal problem that may arise in the ordinary business of the client and referred
to him for legal action;
2. Special Retainer – that is a fee for a specific case or service rendered by the lawyer for a client

 Quantum Meruit –it means “as much as he deserves”, and is used as the basis for determining the
lawyer’s professional fees in the absence of a contract, but recoverable by him from his client.

 Quantum Meruit is resorted to where:

1. there is no express contract for payment of attorney’s fees agreed upon between the lawyer and the
client;
2. when although there is a formal contract for attorney’s fees, the stipulated fees are found unconscionable
or unreasonable by the court.
3. When the contract for attorney’s fees is void due to purely formal matters or defects of execution
4. When the counsel, for justifiable cause, was not able to finish the case to its conclusion
5. When lawyer and client disregard the contract for attorney’s fees.

 Skill: length of practice is not a safe criterion of professional ability.

Rule 20.02 – A lawyer shall, in cases of referral, with the consent of the client, be entitled to a division of
fees in proportion to the work performed and responsibility assumed.

Rule 20.03 – A lawyer shall not, without the full knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever
related to his professional employment from anyone other than the client.

Rule 20.04 – A lawyer shall avoid controversies with clients concerning his compensation and shall resort
to judicial action only to prevent imposition, injustice or fraud.

 Unauthorized counsel: Not entitled to attorney’s fees.

 Stipulation regarding payments of attorney’s fees is not illegal/immoral and is enforceable as the law
between the parties provided such stipulation does not contravene law, good morals, etc.
 When counsel cannot recover full amount despite written contract for attorneys’ fees:

1. When he withdraws before the case is finished

2. justified dismissal of attorney (payment: in quantum meruit only)

 The reason for the award of attorney’s fees must be stated in the text of the decision; otherwise, if it is
stated only in the dispositive portion of the decision, the same must be disallowed on appeal.
 Even though the interest or property involved is of considerable value, if the legal services rendered do
not call for much efforts there is no justification for the award of high fees.
 Champertous Contracts (void) – Lawyer stipulates with his client that in the prosecution of the case, he
will bear all the expenses for the recovery of things or property being claimed by the client and the latter
agrees to pay the former a portion of the thing/property recovered as compensation.
 Compensation to an attorney for merely recommending another lawyer is improper (agents)
 Attorney’s fees for legal services shared or divided to non-lawyer is prohibited. Division of fees is only
for division of service or responsibility.
 A lawyer should try to settle amicably any differences on the subject. A lawyer has 2 options. Judicial
action to recover attorney’s fees:

1. In same case: Enforce attorney’s fees by filing an appropriate motion or petition as an incident to the
main action where he rendered legal services.
2. In a separate civil action.

CANON 21 – A lawyer shall preserve the confidences and secrets of his client even after the attorney-
client relation is terminated.

 Confidence – refers to information protected by the attorney-client privilege (RRC)

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  Secret – refers to other information gained in the professional relationship that the client has regulated to
be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the
client.
 An attorney cannot, without the consent of his client, be examined as to any communication made by the
client to him, or his advice given thereon in the course of professional employment; nor can an
attorney’s secretary, stenographer, or clerk be examined, without the consent of the client and his
employees, concerning any fact the knowledge of which has been acquired in such capacity (Rule 130,
Sec. 21 (b), RRC)
 The mere establishment of a client-lawyer relationship does not raise a presumption of
confidentiality. There must be an intent or that the communication relayed by the client to the lawyer be
treated as confidential.

Rule 21.01 – A lawyer shall not reveal the confidences or secrets of his client except:

1. a. When authorized by the client after acquainting him of the consequences of the disclosure:
2. b. When required by law;
3. c. When necessary to collect his fees or to defend himself, his employees or associates or by
judicial action.

 When properly authorized after having been fully informed of the consequences to reveal his
confidences/secrets, then there is a valid waiver.
 Art. 209. Betrayal of Trust by an Attorney or Solicitor. Revelation of secrets. In addition to the proper
administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from
P200 to P1000, or both, shall be imposed upon any attorney at law or solicitor who, by any malicious
break of professional duty as inexcusable negligence or ignorance, shall prejudice his client, or reveal
any of the secrets of the latter learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney at law or solicitor who, having undertaken the defense of a
client, or having received confidential information from said client in a case, shall undertake the defense of the
opposing party in the same case, without the consent of his first client (Rule 209, RPC)

 General Rule: Obligation to keep secrets covers only lawful purposes

 Exceptions:

1. announcements of intention of a client to commit a crime

2. client jumped bail and lawyer knows his whereabouts; or client is living somewhere under an assumed
name
3. communication involves the commission of future fraud or crime but crimes/frauds “already committed”
falls within the privilege.

Rule 21.02 – A lawyer shall not, to the disadvantage of his client, use information acquired in the course
of employment, nor shall he use the same to his own advantage or that of a third person, unless the client
with full knowledge of the circumstances consents thereto.

Rule 21.03 – A lawyer shall not, without the written consent of his client, give information from his files
to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data
processing, or any other similar purposes.

Rule 21.04 – A lawyer may disclose the affairs of a client of the firm to partners or associates thereof
unless prohibited by the client.

Rule 21.05 – A lawyer shall adopt such measures as may be required to prevent those whose services are
utilized by him, from disclosing or using confidences or secrets of the client.

Rule 21.06 – A lawyer shall avoid indiscreet conversation about a client’s affairs even with members of
his family.

Rule 21.07 – A lawyer shall not reveal that he has been consulted about a particular case except to avoid
possible conflict of interest.

 Avoid committing calculated indiscretion – accidental revelation of secrets obtained in his professional
employment.

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  Prohibition applies, even if the prospective client did not thereafter actually engage the lawyer.

CANON 22 – A lawyer shall withdraw his services only for good cause and upon notice appropriate in
the circumstances.

Rule 22.01 – A lawyer may withdraw his services in any of the following cases:

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

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