New Code of Professional Responsibility
New Code of Professional Responsibility
New Code of Professional Responsibility
Supreme Court
Manila
TABLE OF CONTENTS
PREAMBLE ............................................................................. 1
CANON I – INDEPENDENCE .............................................. 2
SECTION 1. Independent, accessible, efficient and
effective legal service .................................. 2
SECTION 2. Merit-based practice ................................... 2
SECTION 3. Freedom from improper considerations
and external influences ............................... 3
SECTION 4. Non-interference by a lawyer ...................... 3
SECTION 5. Lawyer’s duty and discretion in
procedure and strategy ................................ 3
CANON II – PROPRIETY ...................................................... 4
SECTION 1. Proper conduct ........................................... 4
SECTION 2. Dignified conduct ........................................ 4
SECTION 3. Safe environment; avoid all forms of
abuse or harassment ................................... 4
SECTION 4. Use of dignified, gender-fair, and child-
and culturally-sensitive language ............... 5
SECTION 5. Observance of fairness and obedience .......... 5
SECTION 6. Harassing or threatening conduct .............. 6
SECTION 7. Formal decorum and appearance ................. 6
SECTION 8. Prohibition against misleading the
court, tribunal, or other
government agency ...................................... 6
SECTION 9. Obstructing access to evidence or
altering, destroying, or concealing
evidence ....................................................... 7
iii
iv CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
SECTION 7. Disqualification of
Investigating Commissioner ..................... 64
SECTION 8. Duties of the Investigating
Commissioner ........................................... 65
SECTION 9. Submissions allowed; verification ............. 65
SECTION 10. Prohibited submissions ............................. 66
SECTION 11. Lack of prima facie showing of
liability; outright dismissal ...................... 67
SECTION 12. Effect of death of lawyer on
administrative disciplinary cases .............. 68
SECTION 13. Issuance of summons ................................ 68
SECTION 14. Verified answer ........................................ 68
SECTION 15. Dismissal after answer ............................. 69
SECTION 16. Irrelevance of desistance, settlement,
compromise, restitution, withdrawal,
or failure to prosecute ............................... 69
SECTION 17. Counsel de officio ..................................... 69
SECTION 18. Investigation ............................................ 70
SECTION 19. Indirect contempt ..................................... 71
SECTION 20. Submission of preliminary
conference briefs ........................................ 72
SECTION 21. Preliminary conference order;
position papers ......................................... 73
SECTION 22. Clarificatory hearing ................................ 73
SECTION 23. Minutes of proceedings ............................. 74
SECTION 24. Non-appearance of parties ........................ 74
SECTION 25. Issuance of report and recommendation
by the Investigating Commissioner ........... 75
SECTION 26. Submission of Resolution by the
Board of Governors ................................... 76
SECTION 27. Depositions .............................................. 77
SECTION 28. Filing and service ..................................... 77
SECTION 29. Substantial defects; motion to reopen ....... 77
SECTION 30. Proceedings initiated before the
Supreme Court ......................................... 78
SECTION 31. Preventive suspension .............................. 79
x CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
PREAMBLE
1
2 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
CANON I
INDEPENDENCE
The independence of a lawyer in the discharge of
professional duties without any improper influence, restriction,
pressure, or interference, direct or indirect, ensures effective
legal representation and is ultimately imperative for the
rule of law.1 (n)
SECTION 1. Independent, accessible, efficient
and effective legal service. — A lawyer shall make
legal services accessible in an efficient and effective
manner. In performing this duty, a lawyer shall
maintain independence, act with integrity, and at
all times ensure the efficient and effective delivery
of justice. (2a)2
SECTION 2. Merit-based practice. — A lawyer
shall rely solely on the merits of a cause and not
1
Introductions to Canons are intended to be explanatory to the values and
not actionable grounds in disciplinary proceedings.
2
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.
A.M. No. 22-09-01-SC 3
3
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS
CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO
INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE
COURT.
4
Rule 13.03 - A lawyer shall not brook or invite interference by another
branch or agency of the government in the normal course of judicial
proceedings.
5
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in
handling the case.
4 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
CANON II
PROPRIETY
A lawyer shall, at all times, act with propriety and
maintain the appearance of propriety in personal and
professional dealings, observe honesty, respect and courtesy,
and uphold the dignity of the legal profession consistent
with the highest standards of ethical behavior. (n)
SECTION 1. Proper conduct. — A lawyer shall
not engage in unlawful, dishonest, immoral, or
deceitful conduct. (1.01)6
SECTION 2. Dignified conduct. — A lawyer
shall respect the law, the courts, tribunals, and other
government agencies, their officials, employees, and
processes, and act with courtesy, civility, fairness,
and candor towards fellow members of the bar. (8a)7
A lawyer shall not engage in conduct that
adversely reflects on one’s fitness to practice law,
nor behave in a scandalous manner, whether in
public or private life, to the discredit of the legal
profession. (7.03a)8
SECTION 3. Safe environment; avoid all forms
of abuse or harassment. — A lawyer shall not create
or promote an unsafe or hostile environment, both
6
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.
7
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,
FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL
COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
8
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on
his fitness to practice law, nor shall he whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession.
A.M. No. 22-09-01-SC 5
9
See Rep. Act No. 11313, Sec. 2 - xxx. The State also recognizes that both men
and women must have equality, security and safety not only in private, but
also on the streets, public spaces, online, workplaces and educational and
training institutions.
10
See Rep. Act No. 9262;.
11
Based on Sec. 32 (11), Canon VI.
12
Rule 8.01 - A lawyer shall not, in his professional dealings, use language
which is abusive, offensive or otherwise improper.
13
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing
language or behavior before the Courts.
6 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
14
Rule 15.07 - A lawyer shall impress upon his client compliance with the
laws and the principles of fairness. See also 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.
15
Rule 11.01 - A lawyer shall appear in court properly attired.
16
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the
contents of a paper, the language or the argument of opposing counsel,
or the text of a decision or authority, or knowingly cite as law a provision
A.M. No. 22-09-01-SC 7
21
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported
by the record or have no materiality to the case.
22
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper
authorities only.
10 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
23
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality
to, nor seek opportunity for cultivating familiarity with Judges.
24
Rule 2.03 - A lawyer shall not do or permit to be done any act designed
primarily to solicit legal business. The Sub-Committee also proposes that
the Office of the Bar Confidant develop and issue guidelines on permissible
dignified, verifiable and factual information.
25
See also Rule 3.01 - A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or unfair
statement or claim regarding his qualifications or legal services.
A.M. No. 22-09-01-SC 11
26
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.
27
Rule 13.02. – A lawyer shall not make public statements in the media
regarding a pending case tending to arouse public opinion for or against a
party.
12 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
28
Rules of Court, rule 137, sec. 1, as amended
29
See Heirs of Spouses Reyes v. Atty. Brillante, A.C. No. 9594, April 5, 2002.
30
Rule 12.02 - A lawyer shall not file multiple actions arising from the same
cause.
A.M. No. 22-09-01-SC 13
31
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer, however, it is the right of any
lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.
14 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
32
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 communications that
said partner is deceased.
33
Rule 3.03 - Where a partner accepts public office, he shall withdrawal from
the firm and his name shall be dropped from the firm name unless the law
allows him to practice law currently.
34
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.
A.M. No. 22-09-01-SC 15
35
Rule 6.03 - A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he
had intervened while in said service.
36
Rule 6.02 - A lawyer in the government service shall not use his public
position to promote or advance his private interests, nor allow the latter to
interfere with his public duties.
16 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
37
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 for disciplinary action.
A.M. No. 22-09-01-SC 17
38
Rule 9.01 - A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a
member of the bar in good standing.
A.M. No. 22-09-01-SC 19
CANON III
FIDELITY
Fidelity pertains to a lawyer’s duty to uphold the
Constitution and the laws of the land, to assist in the
administration of justice as an officer of the court, and to
advance or defend a client’s cause, with full devotion, genuine
interest, and zeal in the pursuit of truth and justice. (n)
SECTION 1. Practice of law. — The practice of
law is the rendition of legal service or performance
of acts or the application of law, legal principles,
and judgment, in or out of court, with regard to the
circumstances or objectives of a person or a cause,
and pursuant to a lawyer-client relationship or other
engagement governed by the Code of Professional
Responsibility and Accountability for lawyers. It
includes employment in the public service or private
sector and requires membership in the Philippine
bar as qualification. (n)
SECTION 2. The responsible and accountable
lawyer. — A lawyer shall uphold the constitution,
obey the laws of the land, promote respect for laws
and legal processes, safeguard human rights, and
A.M. No. 22-09-01-SC 21
39
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY
THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF
AND LEGAL PROCESSES.
40
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
41
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.
42
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL
WITHIN THE BOUNDS OF THE LAW.
22 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
43
RULES OF COURT, rul e 138, sec. 22. Attorney who appears in lower court presumed
to represent client on appeal. — An attorney who appears de parte in a case
before a lower court shall be presumed to continue representing his client
on appeal, unless he files a formal petition withdrawing his appearance in
the appellate court.
44
RULES OF COURT, rul e 138, sec. 21. Authority of attorney to appear. — An
attorney is presumed to be properly authorized to represent any cause
in which he appears, and no written power of attorney is required to
authorize him to appear in court for his client, but the presiding judge
may, on motion of either party and on reasonable grounds therefor being
shown, require any attorney who assumes the right to appear in a case to
produce or prove the authority under which he appears, and to disclose,
whenever pertinent to any issue, the name of the person who employed
him, and may thereupon make such order as justice requires. An attorneys
wilfully appear in court for a person without being employed, unless by
leave of the court, may be punished for contempt as an officer of the court
who has misbehaved in his official transactions.
45
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.
A.M. No. 22-09-01-SC 23
46
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay any man’s cause.
47
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement.
24 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
48
Rule 19.02 - A lawyer who has received information that his client has,
in the course of the representation, perpetrated a fraud upon a person or
tribunal, shall promptly call upon the client to rectify the same, and failing
which he shall terminate the relationship with such client in accordance
with the Rules of Court.
A.M. No. 22-09-01-SC 25
49
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.
50
Mabini Colleges, Inc. v. Atty. Pajarillo, A.C. No. 10687, July 22, 2015, citing
Hornilla v. Salunat, A.C. No. 5804, July 1, 2003.
26 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
51
American Bar Association’s Model Rules of Professional Conduct
(hereafter, “ABA Model Rules”), Rule 1.8(a). A lawyer shall not enter into
a business transaction with a client or knowingly acquire an ownership,
possessory, security or other pecuniary interest adverse to a client unless:
A.M. No. 22-09-01-SC 27
(1) the transaction and terms on which the lawyer acquires the interest are
fair and reasonable to the client and are fully disclosed and transmitted
in writing in a manner that can be reasonably understood by the client;
(2) the client is advised in writing of the desirability of seeking and is
given a reasonable opportunity to seek the advice of independent legal
counsel on the transaction; and
(3) the client gives informed consent, in a writing signed by the client,
to the essential terms of the transaction and the lawyer’s role in the
transaction, including whether the lawyer is representing the client in
the transaction.
52
Id., Rule 1.8(b). A lawyer shall not use information relating to representation
of a client to the disadvantage of the client unless the client gives informed
consent, except as permitted or required by these Rules.
53
Id., Rule 1.8(c). A lawyer shall not solicit any substantial gift from a client,
including a testamentary gift, or prepare on behalf of a client an instrument
giving the lawyer or a person related to the lawyer any substantial gift
unless the lawyer or other recipient of the gift is related to the client.
For purposes of this paragraph, related persons include a spouse, child,
grandchild, parent, grandparent or other relative or individual with whom
the lawyer or the client maintains a close, familial relationship.
28 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
54
Id., Rule 1.8(d). Prior to the conclusion of representation of a client, a
lawyer shall not make or negotiate an agreement giving the lawyer literary
or media rights to a portrayal or account based in substantial part on
information relating to the representation.
55
Id., Rule 1.8(f). A lawyer shall not accept compensation for representing a
client from one other than the client unless:
(1) the client gives informed consent;
(2) there is no interference with the lawyer’s independence of professional
judgment or with the client-lawyer relationship; and
(3) information relating to representation of a client is protected as
required by Rule 1.6.
A.M. No. 22-09-01-SC 29
56
Id., Rule 1.8(g) A lawyer who represents two or more clients shall not
participate in making an aggregate settlement of the claims of or against the
clients, or in a criminal case an aggregated agreement as to guilty or nolo
contendere pleas, unless each client gives informed consent, in a writing
signed by the client. The lawyer’s disclosure shall include the existence
and nature of all the claims or pleas involved and of the participation of
each person in the settlement.
57
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
(a) on formal matters, such as the mailing, authentication or custody of an
instrument, and the like; or
(b) on substantial matters, in cases where his testimony is essential to the
ends of justice, in which event he must, during his testimony, entrust
the trial of the case to another counsel.
30 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
58
See Cojuangco, Jr. v. Atty. Palma, A.C. No. 2474, September 15, 2004.
59
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.
A.M. No. 22-09-01-SC 31
60
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND
SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED.
61
ABA Model Rules, Rule 1.9(c). A lawyer who has formerly represented a
client in a matter or whose present or former firm has formerly represented
a client in a matter shall not thereafter:
32 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
64
Id., [35]. A lawyer for a corporation or other organization who is also
a member of its board of directors should determine whether the
responsibilities of the two roles may conflict. The lawyer may be called
on to advise the corporation in matters involving actions of the directors.
Consideration should be given to the frequency with which such situations
may arise, the potential intensity of the conflict, the effect of the lawyer’s
resignation from the board and the possibility of the corporation’s obtaining
legal advice from another lawyer in such situations. If there is material
risk that the dual role will compromise the lawyer’s independence of
professional judgment, the lawyer should not serve as a director or should
cease to act as the corporation’s lawyer when conflicts of interest arise.
The lawyer should advise the other members of the board that in some
circumstances matters discussed at board meetings while the lawyer is
present in the capacity of director might not be protected by the attorney-
client privilege and that conflict of interest considerations might require
the lawyer’s recusal as a director or might require the lawyer and the
lawyer’s firm to decline representation of the corporation in a matter.
34 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
65
Yumol, Jr. v. Ferrer, Sr., A.C. No. 6585, April 21, 2005.
A.M. No. 22-09-01-SC 35
66
Rule 14.02 - A lawyer shall not decline, except for serious and sufficient
cause, an appointment as counsel de officio or as amicus curiae, or a request
from the Integrated Bar of the Philippines or any of its chapters for
rendition of free legal aid.
Cf. RULES OF COURT, rule 138, sec. 36. Amicus Curiae. — Experienced and
impartial attorneys may be invited by the Court to appear as amici curiae to
help in the disposition of issues submitted to it.
67
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 LAW STUDENTS AND ASSIST IN DISSEMINATING
THE LAW AND JURISPRUDENCE.
36 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
68
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND
SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED.
69
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
similar purpose.
A.M. No. 22-09-01-SC 37
70
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.
71
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.
72
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 clients.
38 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
73
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client’s
affairs even with members of his family.
74
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a
particular case except to avoid possible conflict of interest.
75
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT
OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING
EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
A.M. No. 22-09-01-SC 39
76
Federation of Law Societies of Canada, Model of Professional Conduct
(hereafter, “Canada Rules”), Rule 3.4-2A. In rules 3.4-2B to 3.4-2D “Short-
term summary legal services” means advice or representation to a client
under the auspices of a pro bono or not-for-profit legal services provider
with the expectation by the lawyer and the client that the lawyer will not
provide continuing legal services in the matter.
77
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to the
extent necessary to safeguard the latter’s rights.
Cf. RULES OF COURT, rule 138, sec. 31. Attorneys for destitute litigants. — A
court may assign an attorney to render professional aid free of charge
40 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
80
Canada Model, 6.2-2.
81
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES.
42 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
82
See Rule 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.
83
Rule 20.01 - A lawyer shall be guided by the following factors in determining
his fees:
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of
the proffered case;
(f) The customary charges for similar services and the schedule of fees of
the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to
the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established;
and
(j) The professional standing of the lawyer.
Cf. RULES OF COURT, rule 138, sec. Compensation of attorneys; agreement
as to fees. — An attorney shall be entitled to have and recover from his
client no more than a reasonable compensation for his services, with a
view to the importance of the subject matter of the controversy, the extent
A.M. No. 22-09-01-SC 43
87
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.
88
ABA Model Rules, rule 1.8 – Comment, available at https://www.
americanbar.org/groups/professional_responsibility/publications/
model_rules_of_professional_conduct/rule_1_8_current_clients_specific_
rules/comment_on_rule_1_8/. Last accessed 1 August 2022.
Financial Assistance
[10] Lawyers may not subsidize lawsuits or administrative proceedings
brought on behalf of their clients, including making or guaranteeing loans
to their clients for living expenses, because to do so would encourage
clients to pursue lawsuits that might not otherwise be brought and because
such assistance gives lawyers too great a financial stake in the litigation.
These dangers do not warrant a prohibition on a lawyer lending a client
court costs and litigation expenses, including the expenses of medical
examination and the costs of obtaining and presenting evidence, because
these advances are virtually indistinguishable from contingent fees and
help ensure access to the courts. Similarly, an exception allowing lawyers
representing indigent clients to pay court costs and litigation expenses
regardless of whether these funds will be repaid is warranted.
A.M. No. 22-09-01-SC 45
89
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.
90
See RULES OF COURT, rul e 138, sec. 26. Change of attorneys. — An attorney may
retire at any time from any action or special proceeding, by the written
consent of his client filed in court. He may also retire at any time from an
action or special proceeding, without the consent of his client, should the
court, on notice to the client and attorney, and on hearing, determine that
he ought to be allowed to retire. In case of substitution, the name of the
attorney newly employed shall be entered on the docket of the court in
place of the former one, and written notice of the change shall be given to
the advance party.
A client may at any time dismiss his attorney or substitute another in his
place, but if the contract between client and attorney has been reduced to
writing and the dismissal of the attorney was without justifiable cause,
he shall be entitled to recover from the client the full compensation
stipulated in the contract. However, the attorney may, in the discretion
of the court, intervene in the case to protect his rights. For the payment of
his compensation the attorney shall have a lien upon all judgments for the
payment of money, and executions issued in pursuance of such judgment,
rendered in the case wherein his services had been retained by the client.
See also RULES OF COURT, rul e 138, sec. 37. 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 funds to the
46 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
satisfaction thereof. He shall also have a lien to the same extent upon all
judgments for the payment of money, and executions issued in pursuance
of such judgments, which he has secured in a litigation of his client, from
and after the time when he shall have the caused a statement of his claim
of such lien to be entered upon the records of the court rendering such
judgment, or issuing such execution, and shall have the caused written
notice thereof to be delivered to his client and to the adverse paty; 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
just fees and disbursements.
A.M. No. 22-09-01-SC 47
91
RULES OF COURT, rul e 138, sec. 32. Compensation for attorneys de oficio. —
Subject to availability of funds as may be provided by the law the court
may, in its discretion, order an attorney employed as counsel de oficio to be
compensated in such sum as the court may fix in accordance with section
24 of this rule. Whenever such compensation is allowed, it shall be not less
than thirty pesos (P30) in any case, nor more than the following amounts:
(1) Fifty pesos (P50) in light felonies; (2) One hundred pesos (P100) in less
grave felonies; (3) Two hundred pesos (P200) in grave felonies other than
capital offenses; (4) Five Hundred pesos (P500) in capital offenses.
92
Rule 16.01 - A lawyer shall account for all money or property collected or
received for or from the client.
48 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
93
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.
94
ABA Model Rules, rule 1.8. (i) A lawyer shall not acquire a proprietary
interest in the cause of action or subject matter of litigation the lawyer is
conducting for a client, except that the lawyer may:
(1) acquire a lien authorized by law to secure the lawyer’s fee or expenses;
and
(2) contract with a client for a reasonable contingent fee in a civil case.
See also CIVIL CODE, art. 1491. The following persons cannot acquire by
purchase, even at a public or judicial auction, either in person or through
the mediation of another.
xxx
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior
courts, and other officers and employees connected with the administration
of justice, the property and rights in litigation or levied upon on execution
before the court within whose jurisdiction or territory they exercise their
respective functions; this prohibition includes the act of acquiring by
A.M. No. 22-09-01-SC 49
assignment and shall apply to lawyers, with respect to the property and
rights which may be the object of any litigation in which they may take
part by virtue of their profession.
See also Heirs of Uy Ek Liong v. Meer Castillo, G.R. No. 176425, 5 June 2013,
viz.: “Admittedly, Article 1491 (5)45 of the Civil Code prohibits lawyers
from acquiring by purchase or assignment the property or rights involved
which are the object of the litigation in which they intervene by virtue of
their profession. The CA lost sight of the fact, however, that the prohibition
applies only during the pendency of the suit and generally does not cover
contracts for contingent fees where the transfer takes effect only after the
finality of a favorable judgment.”
95
Such as banking, brokerage services, products manufactured or distributed
by client, or utilities services.
96
Rule 16.04 - A lawyer shall not borrow money from his client unless
the client’s interest are fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend money to a client except,
50 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
99
RULES OF COURT, rul e 138, sec. 24. Compensation of attorneys; agreement as to
fees. — An attorney shall be entitled to have and recover from his client
no more than a reasonable compensation for his services, with a view
to the importance of the subject matter of the controversy, the extent of
the services rendered, and the professional standing of the attorney. No
court shall be bound by the opinion of attorneys as expert witnesses as
to the proper compensation, but may disregard such testimony and base
its conclusion on its own professional knowledge. A written contract for
services shall control the amount to be paid therefor unless found by the
court to be unconscionable or unreasonable.
100
RULES OF COURT, rul e 138, sec. 26. Change of attorneys. — An attorney may
retire at any time from any action or special proceeding, by the written
consent of his client filed in court. He may also retire at any time from an
action or special proceeding, without the consent of his client, should the
court, on notice to the client and attorney, and on hearing, determine that
he ought to be allowed to retire. In case of substitution, the name of the
52 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
CANON IV
COMPETENCE AND DILIGENCE
102
RULES OF COURT, rul e 138, sec. 37. 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 funds to the
satisfaction thereof. He shall also have a lien to the same extent upon all
judgments for the payment of money, and executions issued in pursuance
of such judgments, which he has secured in a litigation of his client, from
and after the time when he shall have the caused a statement of his claim
of such lien to be entered upon the records of the court rendering such
judgment, or issuing such execution, and shall have the 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
just fees and disbursements.
103
Rule 18.02 - A lawyer shall not handle any legal matter without adequate
preparation.
54 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
104
Rules 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.
105
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and
his negligence in connection therewith shall render him liable.
106
Rule 11.02 - A lawyer shall punctually appear at court hearings.
107
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution
of a judgment or misuse Court processes.
A.M. No. 22-09-01-SC 55
108
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately
prepared himself on the law and the facts of his case, the evidence he will
adduce and the order of its proferrence. He should also be ready with the
original documents for comparison with the copies.
109
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.
110
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.
56 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
111
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without submitting
the same or offering an explanation for his failure to do so.
112
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 LAW STUDENTS AND ASSIST IN DISSEMINATING
THE LAW AND JURISPRUDENCE.
113
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.
A.M. No. 22-09-01-SC 57
CANON V
EQUALITY
114
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. See also Rule 2.01 - A lawyer
shall not reject, except for valid reasons, the cause of the defenseless or the
oppressed.
58 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
115
Rule 14.03 - A lawyer may not refuse to accept representation of an indigent
client unless:
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective
client or between a present client and the prospective client.
A.M. No. 22-09-01-SC 59
116
See Spouses Algura v. City of Naga et al., G.R. No. 150135, October 30,
2006. See RULES OF COURT, rul e 3, sec. 21. Indigent party. — A party may be
authorized to litigate his action, claim or defense as an indigent if the court,
upon an ex parte application and hearing, is satisfied that the party is one
who has no money or property sufficient and available for food, shelter
and basic necessities for himself and his family.
Such authority shall include an exemption from payment of docket and
other lawful fees, and of transcripts of stenographic notes which the court
may order to be furnished him. The amount of the docket and other lawful
fees which the indigent was exempted from paying shall be a lien on any
judgment rendered in the case favorable to the indigent, unless the court
otherwise provides.
Any adverse party may contest the grant of such authority at any time
before judgment is rendered by the trial court. If the court should determine
after hearing that the party declared as an indigent is in fact a person with
sufficient income or property, the proper docket and other lawful fees shall
be assessed and collected by the clerk of court. If payment is not made
within the time fixed by the court, execution shall issue or the payment
thereof, without prejudice to such other sanctions as the court may impose.
Cf. Rule 141, sec. 18. Indigent-litigants exempts from payment of legal fees.
— Indigent litigants (a) whose gross income and that of their immediate
family do not exceed four thousand (P4,000.00) pesos a month if residing
in Metro Manila, and three thousand (P3,000.00) pesos a month if residing
outside Metro Manila, and (b) who do not own real property with an
assessed value of more than fifty thousand (P50,000.00) pesos shall be
exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorably
to the indigent litigant, unless the court otherwise provides.
To be entitled to the exemption herein provided, the litigant shall execute
an affidavit that he and his immediate family do not earn a gross income
abovementioned, nor they own any real property with the assessed value
aforementioned, supported by an affidavit of a disinterested person
attesting to the truth of the litigant’s affidavit.
Any falsity in the affidavit of a litigant or disinterested person shall be
sufficient cause to strike out the pleading of that party, without prejudice
to whatever criminal liability may have been incurred.
60 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
117
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.
118
Integrated Bar of the Philippines, Rules of Procedure of the Commission
on Bar Discipline (hereafter “CBD Rules), rule I, sec. 4. Nature of Proceeding.
Proceedings before the Commission shall be confidential in character and
summary in nature.
A.M. No. 22-09-01-SC 61
119
RULES OF COURT, rule 139-B, sec. 1. How Instituted. — Proceedings for the
disbarment, suspension, or discipline of attorneys may be taken by the
Supreme Court motu propio, or upon the filing of a verified complaint of any
person before the Supreme Court or the Integrated Bar of the Philippines
(IBP). The complaint shall state clearly and concisely the facts complained
of and shall be supported by affidavits of persons having personal
knowledge of the facts therein alleged and/or by such documents as may
substantiate said facts.
The IBP shall forward to the Supreme Court for appropriate disposition
all complaints for disbarment, suspension and discipline filed against
incumbent Justices of the Court of Appeals, Sandiganbayan, Court of Tax
Appeals and judges of lower courts, or against lawyers in the government
service, whether or not they are charged singly or jointly with other
respondents, and whether or not such complaint deals with acts unrelated
to the discharge of their official functions.
If the complaint is filed before the IBP, six (6) copies of the verified
complaint shall be filed with the Secretary of the IBP or the Secretary of
any of its chapter who shall forthwith transmit the same to the IBP Board
of Governors for assignment to an investigator. (as amended by B.M. No.
1645)
62 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
120
Id.
121
CBD Rules, rule II, sec. 1. How Instituted. Complaint for disbarment,
suspension or discipline of attorneys may be instituted before the
Commission on Bar Discipline by filing six (6) copies of a verified
complaint. Complaint may be likewise filed before the Supreme Court.
122
RULES OF COURT, rul e 139-B, sec. 2. National Grievance Investigators. —
The Board of Governors shall appoint from among IBP members an
A.M. No. 22-09-01-SC 63
123
Id.
124
Id.
A.M. No. 22-09-01-SC 65
125
RULES OF COURT, rul e 139-B, sec. 2.
126
RULES OF COURT, rul e 139-B, sec. 3. Duties of the National Grievance Investigator.
— The National Grievance Investigators shall investigate all complaints
against members of the Integrated Bar referred to them by the IBP Board
of Governors.
127
CBD Rules, rule III, sec. 1. Pleadings. The only pleadings allowed are
verified complaint, verified answer and verified position papers. See B.M.
No. 1755, where the Supreme Court ruled that: “Thus, in answer to the
66 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
query of Deputy Clerk of Court and Bar Confidant Ma. Cristina B. Layusa
dated March 17, 2008 on whether the February 12, 2008 Resolution in Bar
Matter No. 1755 has effectively superseded Ramientas, the Court resolved
as follows:
1. On the amendment to Secs. 1 and 2 of Rule III of the CBD Rules of
Procedure, the fallo in Ramientas is repealed and superseded by the February
12, 2008 Resolution. A party can no longer file a motion for reconsideration
of any order or resolution of the Investigating Commissioner, such motion
being a prohibited pleading.
2. Regarding the issue of whether a motion for reconsideration of a
decision or resolution of the BOG can be entertained, an aggrieved party
can file said motion with the BOG within fifteen (15) days from notice of
receipt thereof by said party.”
128
CBD Rules, rule V, sec. 5. Non-appearance of Parties, and Non-verification
of Pleadings. a) Non-appearance at the mandatory conference or at the
clarificatory questioning date shall be deemed a waiver of right to
participate in the proceeding. Ex parte conference or hearings shall then be
conducted. Pleadings submitted or filed which are not verified shall not be
given weight by the Investigating Commissioner.
A.M. No. 22-09-01-SC 67
129
CBD Rules, rule III, sec. 2. Prohibited Pleadings. The following pleadings
shall not be allowed, to wit:
a. Motion to dismiss the complaint or petition
b. Motion for a bill of particulars
c. Motion for new trial
d. Petition for relief from judgment
e. Supplemental pleadings
130
Rule 139-B, sec. 5. Service or dismissal. — If the complaint appears to be
meritorious, the Investigator shall direct that a copy thereof be served
upon the respondent, requiring him to answer the same within fifteen (15)
days from the date of service. If the complaint does not merit action, or if
the answer shows to the satisfaction of the Investigator that the complaint
is not meritorious, the Investigator will recommend to the Board of
Governors the dismissal of the complaint. Thereafter, the procedure in
Section 12 of this Rule shall apply.
No investigation shall be interrupted or terminated by reason of the
desistance, settlement, compromise, restitution, withdrawal of the
charges, or failure of the complainant to prosecute the same, unless the
Supreme Court motu propio or upon recommendation of the IBP Board
of Governors, determines that there is no compelling reason to continue
with the disbarment or suspension proceedings against the respondent. (as
amended by B.M. No. 1645)
68 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
133
RULES OF COURT, rul e 139-B, sec. 6. Verification and service of answer. — The
answer shall be verified. The original and five (5) legible copies of the
answer shall be filed with the Investigator, with proof of service of a copy
thereof on the complainant or his counsel.
134
Supra note 130.
135
Id.
136
RULES OF COURT, Rul e 139-B, sec. 7. Administrative counsel. — The IBP
Board of Governors shall appoint a suitable member of the Integrated
Bar as counsel to assist the complainant of the respondent during the
investigation in case of need for such assistance.
70 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
137
RULES OF COURT, Rule 139-B, sec. 8. Investigation. — Upon joinder of issues
or upon failure of the respondent to answer, the Investigator shall, with
deliberate speed, proceed with the investigation of the case. He shall have
the power to issue subpoenas and administer oaths. The respondent shall
be given full opportunity to defend himself, to present witnesses on his
behalf, and be heard by himself and counsel. However, if upon reasonable
notice, the respondent fails to appear, the investigation shall proceed ex
parte.
The Investigator shall terminate the investigation within three (3) months
from the date of its commencement, unless extended for good cause by the
Board of Governors upon prior application.
Willful failure or refusal to obey a subpoena or any other lawful order
issued by the Investigator shall be dealt with as for indirect contempt of
court. The corresponding charge shall be filed by the Investigator before the
IBP Board of Governors which shall require the alleged contemnor to show
cause within ten (10) days from notice. The IBP Board of Governors may
thereafter conduct hearings, if necessary, in accordance with the procedure
set forth in this Rule for hearings before the Investigator. Such hearing
shall as far as practicable be terminated within fifteen (15) days from its
commencement. Thereafter, the IBP Board of Governors shall within a like
period of fifteen (15) days issue a resolution setting forth its findings and
recommendations, which shall forthwith be transmitted to the Supreme
Court for final action and if warranted, the imposition of penalty.
138
Id.
A.M. No. 22-09-01-SC 71
139
Id.
140
Id.
72 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
141
RULES OF COURT, rul e 71, sec. 11. Review of judgment or final order; bond for
stay. — The judgment or final order of a court in a case of indirect contempt
may be appealed to the proper court as in criminal cases. But execution of
the judgment or final order shall not be suspended until a bond is filed by
the person adjudged in contempt, in an amount fixed by the court from
which the appeal is taken, conditioned that if the appeal be decided against
him he will abide by and perform the judgment or final order.
142
CBD Rules, rule V, sec. 1. Mandatory Conference. Immediately upon
receipt of the verified answer, the Investigating Commissioner shall set a
mandatory conference where, the following matters shall be taken:
1. Admissions
2. Stipulation of facts
3. Definition of issues
A.M. No. 22-09-01-SC 73
143
CBD Rules, rule V, sec. 2. Submission of Position Papers. After the mandatory
conference, the Investigating Commissioner shall direct both parties to
submit simultaneously their verified position papers with supporting
documents and affidavits within an inextendible period of ten (10) days
from notice of termination of the mandatory conference.
74 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
144
CBD Rules, rule V, sec. 3. Determination of Necessity of Clarificatory
Questioning. Immediately after the submission by the parties of their
position papers, the Investigating Commissioner shall determine whether
there is a need to conduct clarificatory questioning. If necessary, a hearing
date shall be set wherein the Investigating Commissioner shall ask
clarificatory questions to the parties or their witnesses to further elicit facts
or informations.
145
CBD Rules, rule V, sec. 4. Minutes of Proceedings. The proceedings before
the Commission shall be recorded.
146
CBD Rules, rule V, sec. 5. Non-appearance of Parties, and Non-verification
of Pleadings. a) Non-appearance at the mandatory conference or at the
clarificatory questioning date shall be deemed a waiver of right to
participate in the proceeding. Ex parte conference or hearings shall then be
A.M. No. 22-09-01-SC 75
conducted. Pleadings submitted or filed which are not verified shall not be
given weight by the Investigating Commissioner.
147
CBD Rules, rule V, sec. sec. 6. Issuance of an Order Submitting the Case for
Decision. After the parties have submitted their position papers or after the
clarificatory questioning date, the Investigating Commissioner shall issue
an order expressly declaring the submission of the case for resolution.
CBD Rules, rule V, sec. 7. Period to Resolve Case. The Investigating
Commissioner shall submit his report and recommendation to the Board
of Governors within thirty (30) calendar days from the date the order
declaring the submission of the case for resolution was issued.
148
Id.
76 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
149
RULES OF COURT, rul e 139-B, sec. 10. Report of Investigator. — Not later than
thirty (30) days from the termination of the investigation, the Investigator
shall submit a report containing his findings of fact and recommendations
to the IBP Board of Governors, together with the stenographic notes
and the transcript thereof, and all the evidence presented during the
investigation. The submission of the report need not await the transcription
of the stenographic notes, it being sufficient that the report reproduce
substantially from the Investigator’s personal notes any relevant and
pertinent testimonies.
150
A.M. No. 20-12-01-SC, Guidelines on the Conduct of Videoconferencing,
II.B.8. Recording the videoconferencing hearing. – The proceedings through
videoconferencing shall be recorded by the court. It shall form part of
the records of the case, appending thereto relevant electronic documents
taken up or issued during the hearing. An encrypted master copy shall
be retained by the court, while a backup copy shall be stored in a safe
location. Litigants and their counsel may be allowed to view the recording
upon application with and approval of the court. The court stenographer
or other recorded authorized for the purpose shall, nonetheless, still
transcribe stenographic notes to be attached to the records of the case.
A.M. No. 22-09-01-SC 77
151
RULES OF COURT, rul e 139-B, sec. 9. Depositions. — Depositions may be taken
in accordance with the Rules of Court with leave of the investigator(s).
Within the Philippines, depositions may be taken before any member
of the Board of Governors, the President of any Chapter, or any officer
authorized by law to administer oaths.
Depositions may be taken outside the Philippines before diplomatic or
consular representative of the Philippine Government or before any person
agreed upon by the parties or designated by the Board of Governors.
Any suitable member of the Integrated Bar in the place where a deposition
shall be taken may be designated by the Investigator to assist the
complainant or the respondent in taking a deposition.
78 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
152
RULES OF COURT, rul e 139-B, sec. 11. Defects. — No defect in a complaint,
notice, answer, or in the proceeding or the Investigator’s Report shall be
considered as substantial unless the Board of Governors, upon considering
the whole record, finds that such defect has resulted or may result in a
miscarriage of justice, in which event the Board shall take such remedial
action as the circumstances may warrant, including invalidation of the
entire proceedings.
A.M. No. 22-09-01-SC 79
153
RULES OF COURT, rul e 140, sec. 12.
154
RULES OF COURT, rul e 139-B, sec. 13. Investigation of complaints. — In
proceedings initiated by the Supreme Court, or in other proceedings when
the interest of justice so requires, the Supreme Court may refer the case
for investigation to the Office of the Bar Confidant, or to any officer of the
Supreme Court or judge of a lower court, in which case the investigation
shall proceed in the same manner provided in sections 6 to 11 hereof, save
that the review of the report of investigation shall be conducted directly
by the Supreme Court. The complaint may also be referred to the IBP for
investigation, report, and recommendation. (as amended by B.M. No.
1645)
155
RULES OF COURT, rul e 139-B, sec. 15. Suspension of attorney by Supreme Court.
— After receipt of respondent’s answer or lapse of the period therefor, the
Supreme Court, motu propio, or upon the recommendation of the IBP Board
of Governors, may suspend an attorney from the practice of his profession
for any of the causes specified in Rule 138, section 27, during the pendency
of the investigation until such suspension is lifted by the Supreme Court.
(as amended by B.M. No. 1645)
80 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
162
See Philippine National Construction Corp. v. Hon. Mupas, A.M. No. RTJ-20-
2593, November 10, 2020. But the IBP-TWG suggests that ignorance of the
law is only a less serious offense.
163
See Rules of Court, Rule 138, Section 27.
A.M. No. 22-09-01-SC 83
164
ABA Rule 8.4 (e) state or imply an ability to influence improperly a
government agency or official or to achieve results by means that violate
the Rules of Professional Conduct or other law; Section 11. Improper claim
of influence or familiarity. xxx A lawyer shall not make claims of power,
influence, or relationship with any officer of a court, tribunal, or other
government agency.
165
ABA Rule 8.4 (g) engage in conduct that the lawyer knows or reasonably
should know is harassment or discrimination on the basis of race, sex,
religion, national origin, ethnicity, disability, age, sexual orientation,
gender identity, marital status or socioeconomic status in conduct related
to the practice of law; Canon V, Section 1. Non-discrimination. – A lawyer
shall not decline to represent a person solely on account of the latter’s
race, sexual orientation or gender identity, religion, disability, age, marital
status, social or economic status, or such lawyer’s or the public’s opinion
regarding the guilt of said person, except for justifiable reasons.
166
See Domingo v. Civil Service Comm’n and Manalo, G.R. No. 236050, June 17,
2020.
84 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
167
See Ong Lay Hin v. Court of Appeals et al., G.R. No. 191972, January 26, 2015.
168
In Tangcay v. Cabarroguis, A.C. No. 11821 (Resolution), April 2, 2018, it was
held that unjustifiable lending money shall result to a less serious offense
(3 months suspension).
169
In Cham v. Paita-Moya, A.C. No. 7494 (Resolution), June 27, 2008, 578
PHIL 566-576, the Court held that deliberate failure to pay just debts,
without issuing a worthless check is a less serious misconduct (1-3 months
suspension)
A.M. No. 22-09-01-SC 85
170
ABA Rule 8.4 (f) knowingly assist a judge or judicial officer in conduct that
is a violation of applicable rules of judicial conduct or other law.
A.M. No. 22-09-01-SC 87
171
See Sison, Jr. v. Camacho, A.C. No. 10910, January 12, 2016, 777 PHIL 1-16,
where it was stated that “[d]isciplinary proceedings revolve around the
determination of the respondent-lawyer’s administrative liability, which
must include those intrinsically linked to his professional engagement.”
88 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
172
In Egger v. Atty. Duran, A.C. No. 11323, September 14, 2016, 795 Phil. 9,
the Supreme Court tempered the penalty to be imposed of the lawyer on
the basis of humanitarian and equitable considerations, particularly, the
“dire financial condition brought by Typhoon Yolanda and [the lawyer’s]
willingness to return the money he received from complainant as soon as
he recovers from such economic status.”
A.M. No. 22-09-01-SC 89
173
RULES OF COURT, rul e 140, sec. 20. Manner of Imposition. -If one (1) or more
aggravating circumstances and no mitigating circumstances are present,
90 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
the Supreme Court may impose the penalties of suspension or fine for a
period or amount not exceeding double of the maximum prescribed under
this Rule.
If one (1) or more mitigating circumstances and no aggravating
circumstances are present, the Supreme Court may impose the penalties
of suspension or fine for a period or amount not less than half of the
minimum prescribed under this Rule.
If there are both aggravating and mitigating circumstances present, the
Supreme Court may offset each other.
174
RULES OF COURT, rul e 140, sec. 21. Penalty for Multiple Offenses. - If the
respondent is found liable for more than one (1) offense arising from
separate acts or omissions in a single administrative proceeding, the Court
shall impose separate penalties for each offense. Should the aggregate of
the imposed penalties exceed five (5) years of suspension or Pl,000,000.00
in fines, the respondent may, in the discretion of the Supreme Court, be
meted with the penalty of dismissal from service, forfeiture of all or part of
the benefits as may be determined, and disqualification from reinstatement
or appointment to any public office, including government-owned or
-controlled corporations. Provided, however, that the forfeiture of benefits
shall in no case include accrued leave credits.
On the other hand, if a single act/omission constitutes more than one (I)
offense, the respondent shall still be found liable for all such offenses, but
A.M. No. 22-09-01-SC 91
shall, nonetheless, only be meted with the appropriate penalty for the most
serious offense.
175
RULES OF COURT, rul e 140, sec 22. Payment of Fines. - When the penalty
imposed is a fine, the respondent shall pay it within a period not exceeding
three (3) months from the time the decision or resolution is promulgated.
If unpaid, such amount may be deducted from the salaries and benefits,
including accrued leave credits, due to the respondent. The deduction of
unpaid fines from accrued leave credits, which is considered as a form of
compensation, is not tantamount to the imposition of the accessory penalty
of forfeiture covered under the provisions of this Rule.
176
Dumlao, Jr. v. Camacho, A.C. No. 10498, September 4, 2018.
92 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
177
RULES OF COURT, rul e 140, sec. 23. Immediately Executory Nature. - Decisions
or resolutions pronouncing the respondent’s administrative liability are
immediately executory in nature. The respondent, upon receipt of such
decision or resolution, shall immediately serve the penalty indicated
therein. In case of suspension, he or she shall formally manifest to the
Court that his or her suspension has started within five (5) calendar days
upon receipt of the decision or resolution.
Upon completion of service of the penalty of suspension, the Presiding
Justice, in case of the Court of Appeals, Sandiganbayan or the Court of
Tax Appeals, or the Executive Judge where the respondent is assigned
or stationed, in case of the first and second level courts, shall issue
a certification that the penalty of suspension has been served by the
respondent. The ce1iification shall be submitted to the Supreme Court.
178
RULES OF COURT, Rul e 139-B, Sect ion 18. Confidentiality. — Proceedings
against attorneys shall be private and confidential. However, the final
order of the Supreme Court shall be published like its decisions in other
cases.
A.M. No. 22-09-01-SC 93
179
Bartolome v. Basilio, A.C. No. 10783 (Resolution), January 31, 2018 [Special
First Division, per J. Perlas-Bernabe].
94 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
180
See In Re: Order against Atty. Brilliantes, A.C. No. 11032, January 10, 2023.
181
Maniago v. de Dios, A.C. No. 7472, March 30, 2010 [En Banc, per J.
Nachura].
182
Maniago v. De Dios, A.C. No. 7472, March 30, 2010; Tan, Jr. v. Atty. Gumba,
A.C. No. 9000, January 10, 2018.
183
Nuñez v. Atty. Ricafort, A.C. No. 5054, March 2, 2021.
A.M. No. 22-09-01-SC 95
184
See also Re: Letter of Judge Diaz, A.M. No. 07-7-17-SC, 19 September 2007, viz.:
“In the exercise of its constitutional power of administrative supervision
over all courts and all personnel thereof, the Court lays down the following
guidelines in resolving requests for judicial clemency:
1. There must be proof of remorse and reformation. These shall include
but should not be limited to certifications or testimonials of the
officer(s) or chapter(s) of the Integrated Bar of the Philippines, judges
or judges’ associations and prominent members of the community
with proven integrity and probity. A subsequent finding of guilt in an
administrative case for the same or similar misconduct will give rise to
a strong presumption of non-reformation.
2. Sufficient time must have lapsed from the imposition of the penalty to
ensure a period of reformation.
96 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
3. The age of the person asking for clemency must show that he still has
productive years ahead of him that can be put to good use by giving
him a chance to redeem himself.
4. There must be a showing of promise (such as intellectual aptitude,
learning or legal acumen or contribution to legal scholarship and the
development of the legal system or administrative and other relevant
skills), as well as potential for public service.
5. There must be other relevant factors and circumstances that may
justify clemency.”
185
Id.
A.M. No. 22-09-01-SC 97
186
Nuñez v. Atty. Ricafort, A.C. No. 5054, March 2, 2021.
187
Id.
188
Id.
98 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
GENERAL PROVISIONS
189
RULES OF COURT, Rul e 139-B, sec. 19. Expenses. — All reasonable and
necessary expenses incurred in relation to disciplinary and disbarment
proceedings are lawful charges for which the parties may be taxed as costs.
A.M. No. 22-09-01-SC 99
- end –
190
Id. Section 25.
191
Id. Section 26.
100 CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY
192
From the Lawyers Oath taken in Ontario, Canada. See https://lso.
ca/about-lso/legislation-rules/by-laws/by-law-4 (specifically 21[1])
(“Ontario Oath”)
193
Const. (1987), Preamble.
194
Inspired by Jose W. Diokno, “A Filipino Concept of Justice”, where he
says, inter alia:
“Tagalogs, Cebuanos, Ilonggos and Pampangos have a common word
for justice: katarungan. The root word of katarungan is tarong, a Visayan
word which means straight, upright, appropriate or correct. For Filipinos,
therefore, justice is rectitude, doing the morally right act, being upright, or
doing what is appropriate.
“And since justice includes doing what is appropriate or what is right,
it includes the concept of equity, for which we have no native word. In
this respect, our language is different from the English language which
distinguishes between justice and equity.
“We also have a common word for right: karapatan. The root word of
karapatan—dapat—has a meaning very close to tarong—fitting, correct,
appropriate. Our language, therefore, tells us that for us Filipinos the
concepts of justice and right are intimately related.
“But what word do we use for ‘law’? We use batas, which means
command—very different in meaning and origin from katarungan.
“Our language, then, makes a clear distinction between justice and law;
and recognizes that what is legal may not always be just.”
A.M. No. 22-09-01-SC 101