Midterms Notes

8/11/2019 Midterms Notes

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Duties of a Lawyer

Sec 20, Rule 138 of the Rules of CourtIt is the duty of an attorney:(a) To maintain allegiance to the Repu lic of the !hilippines and to support the Constitutionand obey the laws of the Philippines.( ) To observe and maintain the respect due to the courts of "ustice and "udicial o#cers$(c) To counsel or %aintain such actions or proceedin&s only as appear to hi% to e just, andsuch defenses only as he believes to be honestly debatable under the law.(d) To e%ploy, for the purpose of %aintainin& the causes con'ded to hi%, such %eans only as areconsistent with truth and honor, and never seek to mislead the judge or any judicialo cer by an arti ce or false statement of fact or law!(e) To maintain inviolate the con dence , and at e ery peril to hi%self, to preserve thesecrets of his client, and to accept no compensation in connection ith his client*s usinesse+cept fro% hi% or ith his no led&e and appro al$(f) To abstain from all o"ensive personality and to ad ance no fact pre"udicial to the honoror reputation of a party or itness, unless re-uired y the "ustice of the cause ith hich he ischar&ed$(&) #ot to encourage either the commencement or the continuance of an action orproceeding , or delay any %an*s cause, fro% any corrupt %oti e or interest$(h) #ever to reject , for any consideration personal to hi%self, the cause of the defenseless oroppressed$(i) In the defense of a person accused of cri%e, y all fair and honora le %eans, re&ardless of hispersonal opinion as to the &uilt of the accused, to present every defense that the lawpermits, to the end that no person may be deprived of life or liberty, but by dueprocess of law.

The Code of !rofessional Responsi ility$our%fold Duties of a Lawyer&

'. (o the society! )Chapter ', Canons '%*+. (o his colleagues ! )Chapter , Canons -% +

/. (o the courts! )Chapter /, Canons '0%'/+ and1. (o his clients. )Chapter 1, Canons '1% +

Public or private duties

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5ule '.0' % 3 lawyer shall not engage in unlawful, dishonest, immoral or deceitfulconduct.Purpose of >=C&

'. (o protect the public!. (o protect the public image of lawyers! and/. (o protect prospective clients.1. (o protect errant lawyers from themselves.

• .oral Turpitude Barrios v. Martinez• .oral turpitude /includes e erythin& hich is done contrary to "ustice, honesty, %odesty,

or &ood %orals It in ol es /an act of aseness, ileness, or depra ity in the pri ateduties hich a %an o es his fello %en, or to society in &eneral, contrary to the acceptedand custo%ary rule of ri&ht and duty et een %an and o%an, or conduct contrary to

"ustice, honesty, %odesty, or &ood %orals• ood .oral Character Continuous Ui v. Bonifacio• If &ood %oral character is a sine qua non for ad%ission to the ar, then the continued

possession of &ood %oral character is also a re-uisite for retainin& %e% ership in thele&al profession .e% ership in the ar %ay e ter%inated hen a la yer ceases to ha e&ood %oral character

• rossly I%%oral Conduct Figueroa v. Barranco• The Court has held that to "ustify suspension or dis ar%ent the act co%plained of %ust

not only e i%%oral, ut &rossly i%%oral /4 &rossly i%%oral act is one that is so corruptand false as to constitute a cri%inal act or so unprincipled or dis&raceful as to ereprehensi le to a hi&h de&ree It is a illful, 5a&rant, or sha%eless act hich sho s a%oral indi6erence to the opinion of respecta le %e% ers of the co%%unity

• Ronquillo, et. al. vs. Cezar



• The practice of la is not a ri&ht ut a pri ile&e It is &ranted only to those of &ood %oralcharacter The 7ar %ust %aintain a hi&h standard of honesty and fair dealin& a yers%ust conduct the%sel es eyond reproach at all ti%es, hether they are dealin& iththeir clients or the pu lic at lar&e, and a iolation of the hi&h %oral standards of the le&alprofession "usti'es the i%position of the appropriate penalty, includin& suspension anddis ar%ent

• 9on !ay%ent of e t Barrientos v. Libiran-Meteoro;• The deli erate failure to pay "ust de ts and the issuance of orthless chec s constitute

&ross %isconduct, for hich a la yer %ay e sanctioned ith suspension fro% the practiceof la

• They %ust at all ti%es faithfully perfor% their duties to society, to the ar, the courts andto their clients, hich include pro%pt pay%ent of 'nancial o li&ations They %ust conductthe%sel es in a %anner that re5ect the alues and nor%s of the le&al profession ase% odied in the Code of !rofessional Responsi ility

• 9on !ay%ent of e t Cham vs. aita-Mo!a• ;erily, la yers %ust at all ti%es faithfully perfor% their duties to society, to the ar, to the

courts and to their clients 4s part of those duties, they %ust pro%ptly pay their 'nancialo li&ations Their conduct %ust al ays re5ect the alues and nor%s of the le&alprofession as e% odied in the Code of !rofessional Responsi ility

• 7i&a%y and Concu ina&e "le#an$eo v. "le#an$ro• 9o distinction has een %ade as to hether the %isconduct as co%%itted in the

la yer<s professional capacity or in his pri ate life This is ecause a la yer %ay notdi ide his personality so as to e an attorney at one ti%e and a %ere citi=en at another >eis e+pected to e co%petent, honora le and relia le at all ti%es since he ho cannotapply and a ide y the la s in his pri ate a6airs, can hardly e e+pected to do so in hisprofessional dealin&s nor lead others in doin& so

• 4dulterous Relationship %uevarra v. &ala• ?@hether a la yer*s se+ual con&ress ith a o%an not his ife or ithout the ene't of

%arria&e should e characteri=ed as *&rossly i%%oral conduct* depends on thesurroundin& circu%stances ? The case at ar in ol es a relationship et een a %arriedla yer and a %arried o%an ho is not his ife It is i%%aterial hether the a6air ascarried out discreetly

•

Contracted Second .arria&e ith eceit Macarrubo v. Macarrubo• 4s o#cers of the court, la yers %ust not only in fact e of &ood %oral character ut %ustalso e percei ed to e of &ood %oral character and %ust lead a life in accordance iththe hi&hest %oral standards of the co%%unity The %oral delin-uency that a6ects the'tness of a %e% er of the ar to continue as such, includin& that hich %a es a %oc eryof the in iola le social institution of %arria&e, outra&es the &enerally accepted %oralstandards of the co%%unity

• Aailure to i e Support 'amaneigo v. Ferrer• 9eedless to state, respondent ou&ht al ays to eep in %ind the responsi ilities of a father

to all his children If there e a resultant hardship on the% ecause of this case, let it ei%pressed on all concerned that the direct cause thereof as his o n %isconduct

5ule '.0 % 3 lawyer shall not counsel or abet activities aimed at de ance of the lawor at lessening con dence in the legal system.• 4ctin& as Counsel for an 4ssociation Created for the !urpose of B adin& the a (n Re

)errel• .alpractice or &ross %isconduct in his o#ce arrants a la yer<s re%o al or suspension

fro% the practice of la 4ssistin& a client in a sche%e hich the attorney no s to edishonest or conni in& at a iolation of la are acts hich are enou&h to "ustifydis ar%ent

5ule '.0/ % 3 lawyer shall not, for any corrupt motive or interest, encourage any suitor proceeding or delay any man?s cause.

• 7arratry and 4% ulance Chasin&: !R >I7ITB

- <arratry @ the o6ense of fre-uently e+citin& and stirrin& up -uarrels and suits, ither atla or other ise- 3mbulance Chasing @ done personally or y person under the e%ploy%ent of the

la yer 4ct of a la yer ho isits hospital and ho%es of the aDicted, o#ciously intrudin&their presence and persistently o6erin& his ser ice on the asis of a contin&ent fee

5ule '.0/ % 3 lawyer shall not, for any corrupt motive or interest, encourage any suitor proceeding or delay any man?s cause.

• 9ot 4ct as Insti&ator of Contro ersy Castane$a v. "go %It is the duty of a counsel to ad ise his client, ordinarily a lay%an to the intricacies and a&ariesof the la , on the %erit or lac of %erit of his case If he 'nds that his client*s cause isdefenseless, then it is his ounden duty to ad ise the latter to ac-uiesce and su %it, rather than



tra erse the incontro erti le 4 la yer %ust resist the hi%s and caprices of his client, andte%per his clients propensity to liti&ate 4 la yer*s oath to uphold the cause of "ustice is superiorto his duty to his client$ its pri%acy is indisputa le

5ule '.01 % 3 lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement.

• Co%pro%ise• 4uthority of a yer to 7ind Client

– In any case y any a&ree%ent in relation thereto %ade in ritin&, and in ta in&appeals, and in all %atters of ordinary procedure

– Special authority is re-uired in the co%pro%ise of the client<s liti&ation, or thereceipt of anythin& in dischar&e of a client<s clai% e+cept the full a%ount in cash

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, e cept for valid reasons, the cause of thedefenseless or the oppressed.

5ule .0 % 6n such cases, even if the lawyer does not accept a case, he shall notrefuse to render legal advice to the person concerned if only to the e tent necessaryto safeguard the latter?s rights.

• Re: Rule 1E 03 4 la yer %ay not refuse to accept representation of an indi&ent clientunless:a) he is in no position to carry out the or e6ecti ely or co%petently$

) he la ors under a con5ict of interest et een hi% and the prospecti e client or et eena present client and the prospecti e client$

5ule .0/ % 3 lawyer shall not do or permit to be done any act designed primarily tosolicit legal business.

• !ractice of a is a !rofession, 9ot a .oney .a in& Trade• Le$esma v. Climaco, %.R. *o. L-+ /, 0une + , 123

The la is a profession, not a trade or a craft Those enrolled in its ran s are called upon toaid in the perfor%ance of one of the asic purposes of the State, the ad%inistration of "ustice To a oid any frustration thereof, especially in the case of an indi&ent defendant, a la yer %ay

e re-uired to act as counsel de o'cio The fact that his ser ices are rendered ithoutre%uneration should not occasion a di%inution in his =eal• (n Re )agor$a, / hil 2 4 1+15• ?The practice of solicitin& cases at la for the purpose of &ain, either personally or throu&h

paid a&ents or ro ers, constitutes %alpractice /• 4 ;BRTISI9 , IRBCT R I9 IRBCT• Co%%on arratry consistin& of fre-uently stirrin& up suits and -uarrels et een

indi iduals as a cri%e at the co%%on la , and one of the penalties for this o6ense henco%%itted y an attorney as dis ar%ent Statutes intended to reach the sa%e e il ha e

een pro ided in a nu% er of "urisdictions usually at the instance of the ar itself, andha e een upheld as constitutional The reason ehind statutes of this type is not di#cultto disco er The la is a profession and not a usiness The la yer %ay not see or o taine%ploy%ent y hi%self or throu&h others for to do so ould e unprofessional

• I%proper Solicitation• 6irector of Religious "7airs v. Ba!ot 23 hil /21 • Ule8 v. Legal Clinic, (nc. ++ 'CR" 2 • /4nent the issue on the alidity of the -uestioned ad ertise%ents, the Code of

!rofessional Responsi ility pro ides that a la yer in %a in& no n his le&al ser ices shalluse only true, honest, fair, di&ni'ed and o "ecti e infor%ation or state%ent of facts >e isnot supposed to use or per%it the use of any false, fraudulent, %isleadin&, decepti e,undi&ni'ed, self laudatory or unfair state%ent or clai% re&ardin& his -uali'cations or le&al

ser ices 9or shall he pay or &i e so%ethin& of alue to representati es of the %ass%edia in anticipation of, or in return for, pu licity to attract le&al usiness !rior to theadoption of the code of !rofessional Responsi ility, the Canons of !rofessional Bthics hadalso arned that la yers should not resort to indirect ad ertise%ents for professionale%ploy%ent, such as furnishin& or inspirin& ne spaper co%%ents, or procurin& hisphoto&raph to e pu lished in connection ith causes in hich the la yer has een or isen&a&ed or concernin& the %anner of their conduct, the %a&nitude of the interestin ol ed, the i%portance of the la yer*s position, and all other li e self laudation

• It is our 'r% elief that ith the present situation of our le&al and "udicial syste%s, to allothe pu lication of ad ertise%ents of the ind used y respondent ould only ser e toa&&ra ate hat is already a deterioratin& pu lic opinion of the le&al profession hose



inte&rity has consistently een under attac lately y %edia and the co%%unity in&eneral /

!er%issi le 4d ertise%ent: co%pati le ith the di&nity of the le&al profession:• Si%ple si&na&e ith la yer<s na%eFs, o#ce and residence address$• 4d ertise%ent in le&al periodicals ith rief data$• Callin& cards (e en ith for%al picture)$• !u lication in reputa le la list$• .odest announce%ent in ne spapers on the openin& of a la 'r%

5ule .01 % 3 lawyer shall not charge rates lower than those customarily prescribedunless the circumstances so warrant.

• Schedule of Aees

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5ule /.0' % 3 lawyer shall not use or permit the use of any false, fraudulent,misleading, deceptive, undigni ed, self%laudatory or unfair statement or claimregarding his Euali cations or legal services.

• Ule8 v. Legal Clinic, (nc. ++ 'CR" 2 • 9han, 0r. v. 'imbillo, "C *o. /+11, 4+:: 5• annul%ent e+pert at !E8,000 00 ithin E to G %onths• Solicitation of le&al usiness is not alto&ether proscri ed >o e er, for solicitation to e

proper, it %ust e co%pati le ith the le&al profession<s di&nity If %ade in a %odest anddecorous %anner, it ould rin& no in"ury to la yers and to the 7ar

• Linsangan v. )olentino, "C *o. 2+, 4+::15• Respondent solicited Co%plainant<s client y persistently te+tin& and callin& the% to

transfer le&al representation ith pro%ises of 'nancial aid and e+peditious collection of clai%s Supre%e Court suspended Respondent a yers are re%inded that the practice of la is a profession and not a usiness a yers should not ad ertise their talents as%erchants ad ertise their ares as the contrary ould co%%erciali=e the le&al practice,de&rade the profession in the pu lic<s esti%ation and i%pair its a ility to e#ciently render

that hi&h character of ser ice to hich e ery 7ar %e% er is called >ence, la yers areprohi ited fro% solicitin& cases for the purpose of &ain, either personally or throu&h paida&ents or ro ers Such actuation constitutions %alpractice H a &round for dis ar%ent

• <illatu!a v. )abalingcos, "C *o. ++, 4+: +5• 4 la yer is not prohi ited fro% en&a&in& in usiness or other la ful occupation

I%propriety arises, thou&h, hen the usiness is of such a nature or is conducted in such a%anner as to e inconsistent ith the la yer<s duties as a %e% er of the ar Thisinconsistency arises hen the usiness is one that can readily lend itself to theprocure%ent of professional e%ploy%ent for the la yer$ or that can e used as a cloa forindirect solicitation on the la yer<s ehalf$ or is of a nature that, if handled y a la yer,

ould e re&arded as the practice of la• 6acana! v.Ba=er an$ Mc9enzie, 'CR" 31 4 1 /5•

The use of the 'r% na%e 7a er .cJen=ie constitutes a representation that ein&associated ith the 'r% they could /render le&al ser ices of the hi&hest -uality to%ultinational usiness enterprises and others en&a&ed in forei&n trade and in est%ent(p 3, respondents< %e%o) This is unethical ecause 7a er .cJen=ie is not authori=edto practice la here

• Air% 9a%e, 7ranch and .ain #ce• B6ect of 9e&li&ence of a .e% er of a Air%

5ule /.0 % 6n the choice of a rm name, no false, misleading or assumed name shallbe used. (he continued use of the name of a deceased partner is permissible providedthat the rm indicates in all its communications that said partner is deceased.

K 4 andon%ent of the rulin& in: (n the Matter of the etition for "uthorit! to

Continue Use of the Firm*ame > ?zaeta, Romulo, $e Leon, etc. etition for "uthorit! to Continue Use of Firm *ame > '!ci8, 'alazar, Feliciano, etc. 4 1215

5ule /.0/ % 7here a partner accepts public o ce, he shall withdrawal from the rmand his name shall be dropped from the rm name unless the law allows him topractice law currently.

5ule /.01 % 3 lawyer shall not pay or give anything of value to representatives of themass media in anticipation of, or in return for, publicity to attract legal business.

• Cruz v. 'alva, :/ hil / 4 1/15



• The la yer<s actuations in this re&ard ent ell eyond the ounds of prudence,discretion and &ood taste It is ad enou&h to ha e such undue pu licity hen a cri%inalcase is ein& in esti&ated y the authorities, e en hen it ein& tried in court$ ut hensaid pu licity and sensationalis% is allo ed, e en encoura&ed, hen the case is on appealand is pendin& consideration y this Tri unal, the hole thin& eco%es ine+cusa le, e ena horrent, and this Court, in the interest of "ustice, is constrained and called upon to putan end to it and a deterrent a&ainst its repetition y %etin& an appropriate disciplinary%easure, e en a penalty to the one lia le

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.andatory Continuin& e&al Bducation• 7ar .atter 9o 8L0, cto er 2, 2001• .e% ers of the I7!• !urpose: To ensure that throu&hout their career, they eep a reast ith la and

"urisprudence, %aintain the ethics of the profession and enhance the standards of thepractice of la (Rule 1)

• =embers of the 6<P not e empt under 5ule - shall complete, every three )/+years, at least thirty%si )/*+ hours of continuing legal education activitiesapproved by the =CL4 Committee.

• :f the /* hours&• ) a) 4t least si+ (G) hours shall e de oted to le&al ethics• ( ) 4t least (E) hours shall e de oted to trial and pretrial s ills• (c) 4t least ' e (L) hours shall e de oted to alternati e dispute resolution• (d) 4t least nine (M) hours shall e de oted to updates on su stanti e and

procedural la s, and "urisprudence• (e) 4t least four (E) hours shall e de oted to le&al ritin& and oral ad ocacy• (f) 4t least t o (2) hours shall e de oted to international la and international

con entions• (&) The re%ainin& si+ (G) hours shall e de oted to such su "ects as %ay e

prescri ed y the .C B Co%%ittee• The follo in& %e% ers of the 7ar are e+e%pt fro% the .C B re-uire%ent:• (a) The !resident and the ;ice !resident of the !hilippines, and the Secretaries and

Nndersecretaries of B+ecuti es epart%ents$• ( ) Senators and .e% ers of the >ouse of Representati es$• (c) The Chief Oustice and 4ssociate Oustices of the Supre%e Court, incu% ent and retired

%e% ers of the "udiciary, incu% ent %e% ers of the Oudicial and 7ar Council and

incu% ent court la yers co ered y the !hilippine Oudicial 4cade%y pro&ra% of continuin& "udicial education$• (d) The Chief State Counsel, Chief State !rosecutor and 4ssistant Secretaries of the

epart%ent of Oustice$• (e) The Solicitor eneral and the 4ssistant Solicitor eneral$• (f) The o ern%ent Corporate Counsel, eputy and 4ssistant o ern%ent Corporate

Counsel$• (&) The Chair%en and .e% ers of the Constitutional Co%%issions$• (h) The % uds%an, the erall eputy % uds%an, the eputy % uds%en and the

Special !rosecutor of the #ce of the % uds%an$• (i) >eads of &o ern%ent a&encies e+ercisin& -uasi "udicial functions$• (") Incu% ent deans, ar re ie s and professors of la ho ha e teachin& e+perience for

at least 10 years accredited la schools$• ( ) The Chancellor, ;ice Chancellor and %e% ers of the Corps of !rofessors and

!rofessorial ectures of the !hilippine Oudicial 4cade%y$ and• (l) o ernors and .ayors• (he following =embers of the <ar are likewise e empt&

• (a) Those ho are not in la practice, pri ate or pu lic• ( ) Those ho ha e retired fro% la practice ith the appro al of the I7! 7oard of

o ernors• 9ection /. >ood cause for e emption from or modi cation of reEuirement • 4 %e% er %ay 'le a eri'ed re-uest settin& forth &ood cause for e+e%ption (such as

physical disa ility, illness, post &raduate study a road, pro en e+pertise in la , etc ) fro%



co%pliance ith or %odi'cation of any of the re-uire%ents, includin& an e+tension of ti%efor co%pliance, in accordance ith a procedure to e esta lished y the .C B Co%%ittee

B9BR4 C .! I49CB !R CB NRBS: Rule 11• 9ection '. Compliance card

– Bach %e% er shall secure fro% the .C B Co%%ittee a Co%pliance Card efore theend of his co%pliance period >e shall co%plete the card y attestin& under oaththat he has co%plied ith the education re-uire%ent or that he is e+e%pt,specifyin& the nature of the e+e%ption Such Co%pliance Card %ust e returned tothe address indicated therein not later than the day after the end of the %e% er*sco%pliance period

• 9ection . =ember record keeping reEuirement& – Bach %e% er shall %aintain su#cient record of co%pliance or e+e%ption, copy

furnished the .C B Co%%ittee The record re-uired to e pro ided to the %e% ersy the pro ider pursuant to Section 3(c) of Rule M should e su#cient record of

attendance at a participatory acti ity 4 record of non participatory acti ity shallalso e %aintained y the %e% er, as referred to in Section 3 of Rule L .

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• <itriolo v. 6asig, "C *o. 31 3, 4+:: 5• enerally spea in&, la yer ho holds a &o ern%ent o#ce %ay not e disciplined as a 7ar

%e% er for %isconduct in the dischar&e of his duties as a &o ern%ent o#cial >o e er, if said %isconduct as a &o ern%ent o#cial also constitutes a iolation of his oath as ala yer, then he %ay e disciplined y the Court as a 7ar %e% er Respondent<s%isconduct as a C>B la yer is of such a character as to a6ect her -uali'cation as a 7ar%e% er 4s a la yer, she ou&ht to ha e no n that it as patently unethical and ille&alfor her to de%and su%s of %oney as consideration for the appro al of applications andre-uests a aitin& action y her o#ce

• Lim v. Barcelona, "C *o. /3 , 4+::35• If a la yer<s %isconduct in the dischar&e of o#cial duties as a &o ern%ent o#cial is of

such character as to a6ect his -uali'cation as a la yer or sho s %oral delin-uency, he%ay e disciplined as a 7ar %e% er on such &round a yers in &o ern%ent ser ice in

the dischar&e of their o#cial tas s ha e %ore restrictions than la yers in pri ate practice@ant of %oral inte&rity is to e %ore se erely conde%ned in a la yer ho holds aresponsi le pu lic o#ce

5ule *.0' % (he primary duty of a lawyer engaged in public prosecution is not toconvict but to see that justice is done. (he suppression of facts or the concealment ofwitnesses capable of establishing the innocence of the accused is highlyreprehensible and is cause for disciplinary action.

5ule *.0 % 3 lawyer in the government service shall not use his public position topromote or advance his private interests, nor allow the latter to interfere with hispublic duties.

5ule *.0/ % 3 lawyer shall not, after leaving government service, accept engagementor employment in connection with any matter in which he had intervened while in saidservice.

• Catu v. Rellosa, "C *o. /2 , 4+:: 5• @hile Sec M0 of the ocal o ern%ent Code su "ected certain electi e local o#cials to the

proscription to practice their profession, no such interdiction is %ade on the punon&aran&ay and %e% ers of the san&&unian& ara&ay >o e er, he should ha e procured

prior per%ission or authori=ation fro% the Secretary of I efore he entered hisappearance as counsel pursuant to Sec 12, Rule 18 of the Re ised Ci il Ser ice Rules9on co%pliance there ith constituted a iolation of his oath as a la yer to o ey the la s

• Lim-'antiago v. 'agucio, "C *o. 2:/, 4+:: 5•

In order to char&e respondent for representin& con5ictin& interests, e idence %ust epresented to pro e that respondent used a&ainst his for%er client, any con'dentialinfor%ation ac-uired throu&h his pre ious e%ploy%ent

• The only esta lished participation respondent had ith respect to the cri%inal co%plaint isthat he as the one ho conducted the preli%inary in esti&ation n that asis alone, itdoes not necessarily follo that respondent used any con'dential infor%ation fro% hispre ious e%ploy%ent in resol in& the cri%inal co%plaint

• C%% v. 'an$iganba!an, 3// 'CR" /+ 4+::/5• The %atter hich ill not dis-ualify a la yer ould e the %ere /draftin&, enforcin&, or

interpretin& &o ern%ent or a&ency procedures, re&ulations or la s, or rie'n& a stractprinciples of la The /%atter here .endo=a &ot hi%self in ol ed ith as in actin& as



counselor of the Central 7an $ he infor%ed the% of the proper procedure pro ided y lato li-uidate B9749J throu&h the 'lin& of the necessary petition in the RTC of .anila.endo=a is not pri y to the decision of the Central 7an to li-uidate B9749J nor as hein ol ed in the sale of B9749J to presently 4llied 7an .oreo er, Rule G 03 of the Codeof !rofessional Responsi ility cannot apply to .endo=a ecause his alle&ed inter ention asSolicitor eneral is an inter ention on a %atter di6erent fro% the se-uestration of stoc sas ill &otten ealth in the Ci il Case

C23P(45 66. (24 L37845 3#D (24 L4>3L P5:$4996:#

C3#:# - % 3 L37845 923LL 3( 3LL (6=49 ;P2:LD (24 6#(4>56(8 3#D D6>#6(8 :$(24 L4>3L P5:$4996:# 3#D 9;PP:5( (24 3C(6B6(649 :$ (24 6#(4>53(4D <35.

5ule -.0' % 3 lawyer shall be answerable for knowingly making a false statement orsuppressing a material fact in connection with his application for admission to thebar.

5ule -.0 % 3 lawyer shall not support the application for admission to the bar of anyperson known by him to be unEuali ed in respect to character, education, or otherrelevant attribute.

5ule -.0/ % 3 lawyer shall not engage in conduct that adversely reGects on his tnessto practice law

, nor shall he whether in public or private life, behave in a scandalousmanner to the discredit of the legal profession.

• 35#:<6( v. 35#:<6(• The fact that respondent<s philanderin& ays are far re%o ed fro% the e+ercise of his

profession ould not sa e the day for hi% Aor a la yer %ay e suspended or dis arred forany %isconduct hich, al eit unrelated to the actual practice of his profession, ouldsho hi% to e un't for the o#ce and un orthy of the pri ile&es ith hich his licenseand the la in est hi%

• 53$:L9 v. <3556:9 The attorney is a vanguard of our legal system , and, as such, is e+pected to %aintainnot only le&al pro'ciency ut also a ery hi&h standard of %orality, honesty, inte&rity, and fairdealin& in order that the people<s faith and con'dence in the le&al syste% are ensured Thus,he %ust conduct hi%self, hether in dealin& ith his clients or ith the pu lic at lar&e, as to

e eyond reproach at all ti%es• >3556D: v. >3556D:• 4s a la yer, his co%%unity loo ed up to 4tty arrido ith the e+pectation and that he

ould set a &ood e+a%ple in pro%otin& o edience to the Constitution and the la s @henhe iolated the la and distorted it to cater to his o n personal needs and sel'sh %oti es,he discredited the le&al profession and created the pu lic i%pression that la s are %eretools of con enience that can e used, ended and a used to satisfy personal hi%s anddesires In this case, he also used the la to free hi% fro% un anted relationships

• =4#D:H3 v. D4C64=<54•

The fact that there is no attorney client relationship in this case and the transactionsentered into y respondent ere done in his pri ate capacity cannot shield respondent,as a lawyer, from liability.

• 4 la yer %ay e disciplined for acts co%%itted e en in his pri ate capacity for acts hichtend to rin& reproach on the le&al profession or to in"ure it in the fa ora le opinion of thepu lic Indeed, there is no distinction as to hether the trans&ression is co%%itted in ala yer*s pri ate life or in his professional capacity, for a la yer %ay not di ide hispersonality as an attorney at one ti%e and a %ere citi=en at another

C3#:# I % 3 L37845 923LL C:#D;C( 26=94L$ 76(2 C:;5(498, $365#499 3#DC3#D:5 (:735D9 269 P5:$4996:#3L C:LL43>;49, 3#D 923LL 3B:6D 2353996#>(3C(6C9 3>36#9( :PP:96#> C:;#94L.

5ule I.0' % 3 lawyer shall not, in his professional dealings, use language which isabusive, o"ensive or otherwise improper.

• 3LC3#(353 v. P4$63#C:• Canon 8 of the Code of !rofessional Responsi ility ad%onishes la yers to conduct

the%sel es ith courtesy, fairness and candor to ard their fello la yers a yers areduty ound to uphold the di&nity of the le&al profession They %ust act honora ly, fairlyand candidly to ard each other and other ise conduct the%sel es ithout reproach at allti%es

• 93<45:# v. L35:#>



• To e sure, the ad ersarial nature of our le&al syste% has te%pted %e% ers of the ar touse stron& lan&ua&e in pursuit of their duty to ad ance the interests of their clients

• >o e er, hile a la yer is entitled to present his case ith i&or and coura&e, suchenthusias% does not "ustify the use of o6ensi e and a usi e lan&ua&e an&ua&e a ounds

ith countless possi ilities for one to e e%phatic ut respectful, con incin& ut notdero&atory, illu%inatin& ut not o6ensi e

5ule I.0 % 3 lawyer shall not, directly or indirectly, encroach upon the professionalemployment of another lawyer, however, it is the right of any lawyer, without fear orfavor, to give proper advice and assistance to those seeking relief against unfaithfulor neglectful counsel.

• C3=3C2: v. P3#>;L383#, 4(. 3L.• 4lthou&h a are that the students ere represented y counsel, respondent attorney

proceeded, nonetheless, to ne&otiate ith the% and their parents ithout at the ery leastco%%unicatin& the %atter to their la yer, herein co%plainant, ho as counsel of record

This failure of respondent, hether y desi&n or ecause of o ersi&ht, is an ine+cusa leiolation of the canons of professional ethics and in utter disre&ard of a duty o in& to a

collea&ue Respondent fell short of the de%ands re-uired of hi% as a la yer and as a%e% er of the 7ar

• >35C63 v. L:P4H • Respondent %ade it appear that he as enterin& his appearance as counsel for all the

heirs of Sar%iento hich as hi&hly unfair to co%plainant ho had or ed on the casefro% the ery e&innin& and ho had not een dischar&ed as such It is true that ithoutthe for%al ithdra al of co%plainant as counsel of record, respondent ould %erely econsidered as colla oratin& counsel 9e ertheless, y ein& less than candid a out ho%he as representin&, respondent undenia ly encroached upon the le&al functions of co%plainant as the counsel of record

C3#:# % 3 L37845 923LL #:(, D654C(L8 :5 6#D654C(L8, 39969( 6# (24;#3;(2:56H4D P53C(6C4 :$ L37.

5ule .0' % 3 lawyer shall not delegate to any unEuali ed person the performance of

any task which by law may only be performed by a member of the bar in goodstanding.• C3=<3L6H3 v. C569(3L%(4#:56:• The ter% /practice of la i%plies custo%arily or ha itually holdin& oneself out to the

pu lic as a la yer for co%pensation as a source of li elihood or in consideration of hisser ices >oldin& one<s self out as a la yer %ay e sho n y acts indicati e of thatpurpose li e identifyin& oneself as attorney, appearin& in court in representation of aclient, or associatin& oneself as a partner of a la o#ce for the &eneral practice of laSuch acts constitute unauthori=ed practice of la

5ule .0 % 3 lawyer shall not divide or stipulate to divide a fee for legal services withpersons not licensed to practice law, e cept&

•

)a+ 7here there is a pre%e isting agreement with a partner or associate that,upon the latter?s death, money shall be paid over a reasonable period of time tohis estate or to persons speci ed in the agreement! or

• )b+ 7here a lawyer undertakes to complete un nished legal business of adeceased lawyer! or

• )c+ 7here a lawyer or law rm includes non%lawyer employees in a retirementplan even if the plan is based in whole or in part, on a pro t sharing agreement.

• (;=<:A:# v. P4$63#C: • Respondent<s ad%ission to ha e underta en the pay%ent of co%plainant*s co%%ission

ut passin& on the responsi ility to his clients clearly de%onstrate that he has iolatedRule M 02, Canon M of the Code hich prohi its a la yer fro% di idin& or stipulatin& todi ide a fee for le&al ser ices ith persons not licensed to practice la , e+cept in certain

cases hich do not o tain in the case at arC23P(45 666. (24 L37845 3#D (24 C:;5(9

C3#:# '0 % 3 L37845 :749 C3#D:5, $365#499 3#D >::D $36(2 (: (24 C:;5(.

5ule '0.0' % 3 lawyer shall not do any falsehood, nor consent to the doing of any inCourt! nor shall he mislead, or allow the Court to be misled by any arti ce.

5ule '0.0 % 3 lawyer shall not knowingly misEuote or misrepresent the contents of apaper, the language or the argument of opposing counsel, or the te t of a decision or



authority, or knowingly cite as law a provision already rendered inoperative by repealor amendment, or assert as a fact that which has not been proved.

• 2;489;73#%$L:56D: v. $L:56D:• Candor and fairness are de%anded of e ery la yer The urden cast on the "udiciary ould

e intolera le if it could not ta e at face alue hat is asserted y counsel The ti%e thatill ha e to e de oted "ust to the tas of eri'cation of alle&ations su %itted could easilye i%a&ined B en ith due reco&nition then that counsel is e+pected to display the

ut%ost =eal in the defense of a client<s cause, it %ust ne er e at the e+pense of the truth• De HuJuarregui, r. B. 9oguilon• 4n attorney at la is not e+pected to no all the la Aor an honest %ista e or error, an

attorney is not lia le Chief Oustice 4 ott said that, /no attorney is ound to no all thela $ od for id that it should e i%a&ined that an attorney or a counsel, or e en a "ud&e,is ound to no all the la ( Montorious v. Jeferys , 2 Car ! 113, cited in In Re Ailart,E0 !hil 20L, 208) P1Q

5ule '0.0/ % 3 lawyer shall observe the rules of procedure and shall not misuse themto defeat the ends of justice.

5ule '0.01 @ 3 lawyer shall, when ling a pleading, furnish the opposing party with acopy thereof, together with all the documents anne ed thereto. ;nless a motion is eparte, he should set it for hearing with su cient notice to the other party.

• =ariveles B. =allari• Su#ce it to state that a la yer has no usiness practicin& his profession if in the course of

that practice, he ill e entually rec and destroy the future and reputation of his clientand thus dis&race the la profession

• =acias B. 9elda• @hen respondent e+ecuted his a#da it of .ay 22, 2000 retractin& his reason for

ithdra in& as counsel for 9or%a T i%, he ac no led&ed, under oath , his%isrepresentation >e %isled the court in clear iolation of his oath as la yer and failedto a ide y the Code of !rofessional Responsi ility

• L6<6( v. :L6B3• It cannot e &ainsaid that candidness, especially to ards the courts, is essential for the

e+peditious ad%inistration of "ustice Courts are entitled to e+pect only co%plete candorand honesty fro% the la yers appearin& and pleadin& efore the% 4 la yer, on the otherhand, has the funda%ental duty to satisfy the e+pectation It is essential that la yers earin %ind at all ti%es that their 'rst duty is not to their clients ut rather to the courts, thatthey are a o e all court o#cers s orn to assist the courts in renderin& "ustice to all andsundry, and only secondarily are they ad ocates of the e+clusi e interests of their clientsAor this reason, he is re-uired to s ear to do no falsehood, nor consent to the doin& of anyin court

• =:L6#3 v. =3>3(• In this case, the Court a&rees ith the o ser ation of the I7! that there as a deli erate

intent on the part of 4tty .a&at to %islead the court hen he 'led the %otion to dis%issthe cri%inal char&es on the asis of dou le "eopardy 4tty .a&at should not %a e any

false and untruthful state%ents in his pleadin&s If it ere true that there as a si%ilarcase for sli&ht physical in"uries that as really 'led in court, all he had to do as to securea certi'cation fro% that court that, indeed, a case as 'led

• C45B3#(49 v. 93<6:• The I7! found that y 'lin& the &roundless ri ery char&e a&ainst co%plainant,

respondent iolated the proscription of the Code of !rofessional Responsi ility a&ainst? ittin&ly or illin&ly pro%otPin& or suPin& any &roundless suit? includin& aselessad%inistrati e co%plaints a&ainst "ud&es and other court o#cers and e%ployees

• 3L:#9: v. 54L3=6D3• 4 la yer o es 'delity to the cause of his client, ut not at the e+pense of truth and the

ad%inistration of "ustice The 'lin& of %ultiple petitions constitutes a use of the court<sprocesses and i%proper conduct that tends to i%pede, o struct and de&rade the

ad%inistration of "ustice and ill e punished as conte%pt of court

C3#:# '' % 3 L37845 923LL :<945B4 3#D =36#(36# (24 549P4C( D;4 (: (24C:;5(9 3#D (: ;D6C63L :$$6C459 3#D 92:;LD 6#969( :# 96=6L35 C:#D;C( <8 :(2459.

5ule ''.0' % 3 lawyer shall appear in court properly attired.

5ule ''.0 % 3 lawyer shall punctually appear at court hearings.



5ule ''.0/ % 3 lawyer shall abstain from scandalous, o"ensive or menacing languageor behavior before the Courts.

5ule ''.01 % 3 lawyer shall not attribute to a udge motives not supported by therecord or have no materiality to the case.

5ule ''.0F @ 3 lawyer shall not criticiJe the personal or o cial conduct of a judge inan insulting and intemperate language.

5ule ''.0* % 3 lawyer shall submit grievances against a udge to the properauthorities only.

• H3LD6B35 v. >:#H3L49• The court sou&ht to con ey that it re&arded the contu%acious acts or state%ents ( hich

ere %ade oth in a pleadin& 'led efore the Court and in state%ents &i en to the %edia)and the %isconduct of respondent on=ale= as serious acts 5aunted in the face of theCourt and constitutin& a rontal assault upon the inte&rity of the Court and, throu&h theCourt, the entire "udicial syste%

• =3C4D3 v. :=<;D9=3#• In the a sence of any ad%inistrati e action ta en a&ainst hi% y this Court ith re&ard to

his certi'cates of ser ice, the in esti&ation ein& conducted y the % uds%anencroaches into the Court*s po er of ad%inistrati e super ision o er all courts and itspersonnel, in iolation of the doctrine of separation of po ers

C3#:# ' % 3 L37845 923LL 4K45( 4B458 4$$:5( 3#D C:#96D45 6( 269 D;(8 (:39969( 6# (24 9P44D8 3#D 4$$6C64#( 3D=6#69(53(6:# :$ ;9(6C4.

5ule ' .0' % 3 lawyer shall not appear for trial unless he has adeEuately preparedhimself on the law and the facts of his case, the evidence he will adduce and theorder of its pro"errence. 2e should also be ready with the original documents forcomparison with the copies.

• 3$;5:#> v. 3 ;6#:• Respondent co%%itted falsehood hen he stated in his Nr&ent .otion for !ostpone%ent

that he had to attend the hearin& of a special proceedin&s case the sa%e day as the pretrial of Ci il Case 9o MQMQG Respondent hi%self ad%itted that he only included suchstate%ent /in order to &i e %ore force< to the Nr&ent .otion for !ostpone%ent Such act

iolates the Canons of !rofessional Bthics hich o li&es an attorney to a oid theconceal%ent of the truth fro% the court 4 la yer is %andated not to %islead the court inany %anner

5ule ' .0 % 3 lawyer shall not le multiple actions arising from the same cause.5ule ' .0/ % 3 lawyer shall not, after obtaining e tensions of time to le pleadings,memoranda or briefs, let the period lapse without submitting the same or o"ering ane planation for his failure to do so.

• ;BRIAIC4TI 9 49 CBRTIAIC4TI 9 A 9 9 A RN. S> !!I9

I, (na%e of !etitioner), of le&al a&e, %arried and a resident of (place of residence) after ha in&een duly s orn in accordance ith la here y state:1 That I a% the petitioner of the a o e instant case2 That I ha e caused the preparation of the a o e entitled petition3 That I ha e read the sa%e and that it is true and correct ased on %y personal no led&e or

ased on authentic recordsE That I here y certify under oath in this petition as follo s:

• 4 I ha e not theretofore co%%enced any action or 'led any action or clai% in ol in& thesa%e issue in any court, tri unal or -uasi "udicial a&ency and, to the est of %y

no led&e, no such other pendin& action or clai% is pendin& therein$• 7 If there is such other pendin& action or clai%, a co%plete state%ent of the present

status thereof$ and•

c If I should thereafter learn that the sa%e or si%ilar action or clai% has een 'led or ispendin&, I shall report that fact ithin ' e (L) days therefro% to the court herein theaforesaid co%plaint or initiatory pleadin& has een 'led

• I9 @IT9BSS @>BRB A, I hereunto a#+ %y si&nature this (date and place)•

• $3<5:3 v. P3>;6#(:• @hen, after o tainin& an e+tension of ti%e to 'le co%%ent on the co%plaint, respondent

failed to 'le any and i&nored this Court<s su se-uent sho cause order, he iolated Rule12 03 of the Code of !rofessional Responsi ility, hich states that /4 la yer shall not, aftero tainin& e+tensions of ti%e to 'le pleadin&s, %e%oranda or riefs, let the period lapse

ithout su %ittin& the sa%e or o6erin& an e+planation for his failure to do so



• $:5:#D3 v. >;45545:• It has, thus, een clearly esta lished that in 'lin& such nu%erous petitions in ehalf of his

client, the respondent there y en&a&ed in foru% shoppin& The essence of foru%shoppin& is the 'lin& of %ultiple suits in ol in& the sa%e parties for the sa%e cause of action, either si%ultaneously or successi ely, for the purpose of o tainin& a fa ora le

"ud&%ent It e+ists hen, as a result of an ad erse opinion in one foru%, a party see s afa ora le opinion in another, or hen he institutes t o or %ore actions or proceedin&s&rounded on the sa%e cause to increase the chances of o tainin& a fa ora le decision4n i%portant factor in deter%inin& the e+istence of foru% shoppin& is the e+ation causedto the courts and the parties liti&ants y the 'lin& of si%ilar cases to clai% su stantiallythe sa%e reliefs

5ule ' .01 % 3 lawyer shall not unduly delay a case, impede the e ecution of a judgment or misuse Court processes.

5ule ' .0F % 3 lawyer shall refrain from talking to his witness during a break orrecess in the trial, while the witness is still under e amination.• ;4 v. 54B6LL3• @e 'nd neither sincerity nor honest elief on the part of the respondent in pleadin& the

soundness and %erit of the cases that he 'led in court to pre ent the e+ecution of the.eTC and RTC decisions, considerin& his o n conduct of presentin& con5ictin& theories inhis petitions The succession of cases he 'led sho s a desperation that ne&ates thesincere and honest elief he clai%s$ these are si%ply scattershot %eans to achie e hiso "ecti e of a oidin& the e+ecution of the unla ful detainer "ud&%ent a&ainst his clients

5ule ' .0* % 3 lawyer shall not knowingly assist a witness to misrepresent himselfor to impersonate another.

5ule ' .0- % 3 lawyer shall not abuse, browbeat or harass a witness nor needlesslyinconvenience him.

5ule ' .0I % 3 lawyer shall avoid testifying in behalf of his client, e cept&•

)a+ on formal matters, such as the mailing, authentication or custody of aninstrument, and the like! or• )b+ on substantial matters

, in cases where his testimony is essential to the endsof justice, in which event he must, during his testimony, entrust the trial of thecase to another counsel.

C3#:# '/ % 3 L37845 923LL 54L8 ;P:# (24 =456(9 :$ 269 C3;94 3#D 54$536#$5:= 3#8 6=P5:P564(8 726C2 (4#D9 (: 6#$L;4#C4, :5 >6B49 (24 3PP4353#C4:$ 6#$L;4#C6#> (24 C:;5(.

5ule '/.0' % 3 lawyer shall not e tend e traordinary attention or hospitality to, norseek opportunity for cultivating familiarity with udges.

5ule '/.0 % 3 lawyer shall not make public statements in the media regarding apending case tending to arouse public opinion for or against a party.

5ule '/.0/ % 3 lawyer shall not brook or invite interference by another branch oragency of the government in the normal course of judicial proceedings.

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