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Pertinent Provisions in New CPRA PDF

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Pertinent Provisions in New CPRA ➔ A lawyer must maintain proper behavior

expected of a lawyer whether in a public or in


a private setting.
CANON I: INDEPENDENCE
The independence of a lawyer in the discharge SECTION 3. Safe environment; avoid all forms of
of professional duties without any improper abuse or harassment. — A lawyer shall not
influence, restriction, pressure, or interference, create or promote an unsafe or hostile
direct or indirect, ensures effective legal environment, both in private and public settings,
representation and is ultimately imperative for whether online, in workplaces, educational or
the rule of law. training institutions, or in recreational areas.
To this end, a lawyer shall not commit any form
of physical, sexual, psychological, or economic
SECTION 2. Merit-based practice. — A lawyer abuse or violence against another person. A
shall rely solely on the merits of a cause and not lawyer is also prohibited from engaging in any
exert, or give the appearance of, any influence gender-based harassment or discrimination.
on, nor undermine the authority of, the court,
tribunal or other government agency, or its
proceedings. (13a)
➔ Paragraph 1 is taken from the Safe Spaces
Act.
o There is a violation if there is an intent
➔ Merit Based System, not Padrino System to create an unsafe environment
based. against person or persons.

➔ Paragraph 2 is taken from the Anti VAWC


SECTION 5. Lawyer’s duty and discretion in Act.
procedure and strategy. — A lawyer shall not allow
the client to dictate or determine the procedure in
handling the case. (19.03a) SECTION 4. Use of dignified, gender-fair, and
child- and culturally-sensitive language. — A
Nevertheless, a lawyer shall respect the client’s lawyer shall use only dignified, gender-fair, child-
decision to settle or compromise the case after and culturally-sensitive language in all personal
explaining its consequences to the client. and professional dealings.
To this end, a lawyer shall not use language which is
abusive, intemperate, offensive or otherwise
➔ Second paragraph is an exemption to the
improper, oral or written, and whether made
first paragraph.
through traditional or electronic means,
➔ It also applies to plea bargaining
including all forms or types of mass or social
agreements.
media. (8.01a,11.03a)

➔ Lawyer should not use improper language,


CANON II: PROPRIETY especially in a social media setting to an
officer of the court.
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.
SECTION 7. Formal decorum and appearance. — SECTION 17. Non-solicitation and impermissible
A lawyer shall observe formal decorum before all advertisement. — A lawyer shall not, directly or
courts, tribunals, and other government indirectly, solicit, or appear to solicit, legal
agencies. (11.01a) business. (2.03a)
A lawyer’s attire shall be consistent with the A lawyer shall not, directly or indirectly,
dignity of the court, tribunal or other government advertise legal services on any platform or
agency, with due respect to the person’s sexual media except with the use of dignified, verifiable,
orientation, gender identity, and gender and factual information, including biographical
expression. data, contact details, fields of practice, services
offered, and the like, so as to allow a potential
client to make an informed choice. In no case
➔ The second paragraph is unique because if shall the permissible advertisement be self-
its inclusivity with the gender identity of the laudatory.
lawyer.
A lawyer, law firm, or any of their representatives
➔ The Philippines is the first to adopt such in
shall not pay or give any benefit or consideration
the Code of Conduct of Lawyers.
to any media practitioner, award-giving body,
professional organization, or personality, in
anticipation of, or in return for, publicity or
SECTION 12. Duty to report dishonest, deceitful recognition, to attract legal representation,
or misleading conduct. — A lawyer shall service, or retainership. (3.04a)
immediately inform a court, tribunal, or other
government agency of any dishonest, deceitful
or misleading conduct related to a matter being
➔ To maintain the integrity of the legal system.
handled by said lawyer before such court,
➔ The legal profession does not amount to a
tribunal, or other government agency.
barter.
A lawyer shall also report to the appropriate ➔ A lawyer can only express information about
authority any transaction or unlawful activity him that is verifiable. It must not be self-
that is required to be reported under relevant laudatory.
laws, including the submission of covered and ➔ Last paragraph is important.
suspicious transactions under regulatory laws,
such as those concerning anti-money
laundering. When disclosing or reporting the SECTION 19. Sub-judice rule. — A lawyer shall not
foregoing information to the appropriate court, use any forum or medium to comment or
tribunal, or other government agency, the lawyer publicize opinion pertaining to a pending
shall not be deemed to have violated the lawyer’s proceeding before any court, tribunal, or other
duty of confidentiality. government agency that may:
Any such information shall be treated with strict (a) cause a pre-judgment, or
confidentiality.
(b) sway public perception so as to impede,
A baseless report shall be subject to civil, obstruct, or influence the decision of such court,
criminal, or administrative action. tribunal, or other government agency, or which
tends to tarnish the court’s or tribunal’s integrity,
or
➔ Second paragraph is unique.
(c) impute improper motives against any of its
➔ Covered by anti-money laundering statutes. members, or
➔ Confidentiality agreements are not violated.
(d) create a widespread perception of guilt or
innocence before a final decision. (13.02a)
➔ Sub-Judice is thoroughly discussed unlike in SECTION 29. Lawyers formerly in government
the old Code. service. — A lawyer who has left government
➔ What you can do is explain the procedure in service shall not engage in private practice
a case but cannot apply that section to a pertaining to any matter before the office where
proceeding. he or she used to be connected within a period
➔ Lao vs Causing of one (1) year from his or her separation from
such office. Justices, judges, clerks of court,
city, provincial, and regional prosecutors shall
SECTION 22. No undue advantage of not appear before any court within the territorial
ignorance of the law. — A lawyer shall not jurisdiction where they previously served within
take advantage of a non-lawyer’s lack of the same period.
education or knowledge of the law.
After leaving government service, a lawyer shall not
accept an engagement which could improperly
influence the outcome of the proceedings which
➔ Applies only to lay person not fellow lawyers. the lawyer handled or intervened in, or over which
the lawyer previously exercised authority, while
in said service. (6.03a)
SECTION 26. Definition of a law firm; choice of
firm name. — A law firm is any private office,
partnership, or association, exclusively ➔ A lawyer cannot take advantage of the
comprised of a lawyer or lawyers engaged to knowledge you have gain in the previous
practice law, and who hold themselves out as dealing with the government
such to the public.
In the choice of a firm name, no false, misleading, or SECTION 32. Lawyers in the academe. — A
assumed name shall be used. The continued use of lawyer serving as a dean, administrative officer,
the name of a deceased, incapacitated, or retired or faculty member of an educational institution
partner is permissible provided that the firm indicates shall at all times adhere to the standards of
in all its communications that said partner is behavior required of members of the legal
deceased, incapacitated, or retired. (3.02a) profession under the CPRA, observing propriety,
respectability, and decorum inside and outside
the classroom, and in all media.
➔ Taken from the ABA Model Rules.
➔ Multiple provisions that are applicable to a
law firm SECTION 34. Paralegal services; lawyer’s
➔ Solo practitioner can be defined as a law responsibility. — A paralegal is one who
firm. performs tasks that require familiarity with legal
➔ If A and B share the same office but are concepts, employed or retained by a lawyer, law
different law firms, will they be considered as office, corporation, governmental agency, or
one lawfirm? other entity for non-diagnostic and non-advisory
o Determination of whether you are a work in relation to legal matters delegated by
law firm or not is the perception of the such lawyer, law office, corporation,
public of you as a law firm. governmental agency, or other entity.
A lawyer must direct or supervise a paralegal in
the performance of the latter’s delegated duties.
The lawyer’s duty of confidentiality shall also
extend to the services rendered by the paralegal,
who is equally bound to keep the privilege.
➔ Paralegals are regulated because they SECTION 36. Responsible use. — A lawyer shall
answer to a lawyer. have the duty to understand the benefits, risks,
➔ A lawyer handling a paralegal must be and ethical implications associated with the use
mindful of the paralegal. of social media.

SECTION 35. Non-delegable legal tasks. — A ➔ A lawyer cannot use as a defense that he or
lawyer shall not delegate to or permit a non-lawyer, she is not techy.
including a paralegal, to:
(a) accept cases on behalf of the lawyer;
SECTION 37. Online posts. — A lawyer shall
(b) give legal advice or opinion; ensure that his or her online posts, whether
made in a public or restricted privacy setting that
(c) act independently without the lawyer’s
still holds an audience, uphold the dignity of the
supervision or direction;
legal profession and shield it from disrepute, as
(d) to hold himself or herself out as a lawyer, or well as maintain respect for the law.
be named in association with a lawyer in any
pleading or submission to any court, tribunal, or
other government agency; ➔ If the communication holds an audience, you
can be bound by the CPRA.
(e) appear in any court, tribunal, or other
o More than 2 in a group chat makes it
government agency, or actively participate in
a publication.
formal legal proceedings on behalf of a client,
o If more than 2 audiences you are not
except when allowed by the law or rules;
bound by privacy confidentiality.
(f) conduct negotiations with third parties unless
allowed in administrative agencies, without a
SECTION 38. Non-posting of false or unverified
lawyer’s supervision or direction;
statements, disinformation. — A lawyer shall not
(g) sign correspondence containing a legal knowingly or maliciously post, share, upload or
opinion; otherwise disseminate false or unverified
statements, claims, or commit any other act of
(h) perform any of the duties that only lawyers disinformation.
may undertake. (9.01a)
These provisions shall not apply to law student
practitioners under Rule 138-A of the Rules of ➔ The defense of not knowing that it is not fake
Court. news would depend on the intent of the
lawyer.
o If the purpose is to maliciously share
or not.

RESPONSIBLE USE OF SOCIAL MEDIA


SECTION 39. Prohibition against fraudulent
accounts. — A lawyer shall not create, maintain
or operate accounts in social media to hide his
A lawyer shall uphold the dignity of the legal
or her identity for the purpose of circumventing
profession in all social media interactions in a
the law or the provisions of the CPRA.
manner that enhances the people’s confidence
in the legal system, as well as promote its
responsible use.
➔ A lawyer is only prohibited from making
alternative accounts if the purpose is to
circumvent the law or CPRA.
SECTION 40. Non-disclosure of privileged SECTION 44. Online posts that could violate
information through online posts. — A lawyer conflict of interest. — A lawyer shall exercise
shall not reveal, directly or indirectly, in his or prudence in making posts or comments in social
her online posts confidential information media that could violate the provisions on
obtained from a client or in the course of, or conflict of interest under the CPRA.
emanating from, the representation, except
when allowed by law or the CPRA.
CANON III: FIDELITY
Fidelity pertains to a lawyer’s duty to uphold the
SECTION 41. Duty to safeguard client
Constitution and the laws of the land, to assist in
confidences in social media. — A lawyer, who
the administration of justice as an officer of the
uses a social media account to communicate
court, and to advance or defend a client’s cause,
with any other person in relation to client
with full devotion, genuine interest, and zeal in
confidences and information, shall exert efforts
the pursuit of truth and justice.
to prevent the inadvertent or unauthorized
disclosure or use of, or unauthorized access to,
such an account.
SECTION 1. Practice of law. — The practice of
law is the rendition of legal service or
performance of acts or the application of law,
➔ You cannot expose the identity of the client in
legal principles, and judgment, in or out of court,
public even if you win or not or any
confidences that a client has given you. 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
SECTION 42. Prohibition against influence
Responsibility and Accountability for lawyers. It
through social media. — A lawyer shall not
includes employment in the public service or
communicate, whether directly or indirectly, with
private sector and requires membership in the
an officer of any court, tribunal, or other Philippine bar as qualification.
government agency through social media to
influence the latter’s performance of official ➔ Definition of Practice of Law
duties. o Cayetano vs Monsod with
modifications
➔ Use of legal knowledge must be in
SECTION 43. Legal information; legal advice. — connection with a lawyer client relationship or
Pursuant to a lawyer’s duty to society and the an engagement governed by the CPRA.
legal profession, a lawyer may provide general
legal information, including in answer to
questions asked, at any fora, through traditional SECTION 3. Lawyer-client relationship. — A
or electronic means, in all forms or types of lawyer-client relationship is of the highest
mass or social media. fiduciary character. As a trust relation, it is
essential that the engagement is founded on the
A lawyer who gives legal advice on a specific set
confidence reposed by the client on the lawyer.
of facts as disclosed by a potential client in such
Therefore, a lawyer-client relationship shall arise
fora or media dispenses Limited Legal Service
when the client consciously, voluntarily and in
and shall be bound by all the duties in the CPRA,
good faith vests a lawyer with the client’s
in relation to such Limited Legal Service.
confidence for the purpose of rendering legal
services such as providing legal advice or
representation, and the lawyer, whether
➔ Legal Information = Explaining the law expressly or impliedly, agrees to render such
without applying it to a particular set of facts. services.
➔ Legal Advice = applying the law to a
particular set of facts.
➔ Defined what a Lawyer-client relationship is. 7. Lawyers in the academe
➔ Is there a lawyer-client relationship in the
8. Public Attorney's Office
following:
o During a drinking spree, the friend of
the lawyer spoke to the lawyer
regarding his marital problems. The SECTION 13. Conflict of interest. — A lawyer
lawyer explained the different shall not represent conflicting interests except
obligations of the spouses under the by written informed consent of all concerned
Family Code given after a full disclosure of the facts. (15.03)
o During a wedding, the seatmate of There is conflict of interest when a lawyer
the lawyer told the lawyer his legal represents inconsistent or opposing interests of
problems regarding his land. The two or more persons. The test is whether in
lawyer just kept listening and made behalf of one client it is the lawyer’s duty to fight
follow-up questions. The for an issue or claim, but which is his or her duty
conversation lasted for 3 hours. to oppose for the other client.
➔ Acceptance of a lawyer of a lawyer client
relationship may be implied by the acts of the
lawyer.
➔ Defined Conflict of Interest
➔ If you stayed for a few hours or not stop in
➔ Conflict of Interest is no longer confined in a
asking question, there is an implied lawyer-
court setting.
client relationship.

SECTION 14. Prohibition against conflictof-


SECTION 10. Responsibility over a subordinate
interest representation; current clients. — In
lawyer, paralegal, or employee. — A lawyer or
relation to current clients, the following rules
law firm shall be responsible for the mistakes,
shall be observed:
negligence, and/or acts or omissions of a
subordinate lawyer, paralegal, or employee (a) A lawyer shall not enter into a business
under the lawyer’s direct supervision and transaction with a client or knowingly acquire an
control, who is acting within the scope of the ownership, possessory, security, or other
assigned tasks, that cause damage or injury pecuniary interest adverse to a client unless:
which brings dishonor to the profession or
violates the rule on confidentiality. (1) it is shown that the transaction and
terms on which the lawyer acquires the
However, such liability of the supervising lawyer interest are fair and reasonable to the
does not attach upon proof of exercise of client and are fully disclosed and
diligence of a good parent of a family in the transmitted in writing in a manner that
selection and supervision of subordinate lawyer, can be reasonably understood by the
paralegal, or employee. client;
(2) the client is advised in writing of the
desirability of seeking, and is given a
Canon III Differentiated the conflict of interest
reasonable opportunity to seek, the
between:
advice of another independent lawyer on
1. Current clients the transaction; and

2. Prospective clients (3) the client gives written informed


consent to the essential terms of the
3. Former clients transaction and the lawyer’s role in the
4. Corporation lawyers transaction, including whether the lawyer
is representing the client in the
5. Legal service organizations transaction. (ABA Model Rules, Rule 1.8(a))
6. Lawyers in government
(b) A lawyer shall not use confidential (2) on substantial matters, in cases
information relating to representation of a client where the testimony is essential to
without the client’s written informed consent, the ends of justice, in which event
except as permitted or required by law or the the lawyer must, during the
CPRA. (ABA Model Rules, Rule 1.8(b)) testimony, entrust the trial of the
case to another counsel. (12.08a)
(c) A lawyer shall not, by undue influence,
acquire any substantial gift from a client,
including a testamentary gift, or prepare on
behalf of a client an instrument giving the lawyer
such gift, directly or indirectly. (ABA Model Rules, SECTION 15. Conflict of interest of a lawyer hired
Rule 1.8(c)) by a law firm. — When a lawyer joins a law firm,
it shall be the duty of the lawyer to disclose to
(d) Unless with the written informed consent of
the law firm, at the earliest possible opportunity,
the client and subject to the application of the
his or her previous clients that may have a
sub judice rule, a lawyer shall not make or
potential conflict of interest with the current
negotiate an agreement giving the lawyer literary
clients of the law firm. If there is a potential
or media rights to a portrayal or account based
conflict of interest, the lawyer shall not act on the
in substantial part on information relating to the
case or cases of the affected current client.
representation. (ABA Model Rules, Rule 1.8(d))
➔ A lawyer should be mindful of conflict of
(e) A lawyer shall not accept compensation for
interest whenever he transfers to a different
representing a client from any person other than
law firm.
the client, unless:
(1) the client gives written informed
consent; SECTION 16. Prohibition against dating,
romantic or sexual relations with a client. — A
(2) there is no interference with the
lawyer shall not have dating, romantic, or sexual
lawyer’s independence or professional
relations with a client during the engagement,
judgment or with the lawyer-client
relationship; or unless the consensual relationship existed
between them before the lawyer-client
(3) the information relating to relationship commenced.
representation of a client is protected as
required by the rule on privileged
communication. (ABA Model Rules, Rule ➔ Taken from the ABA Model Rules.
1.8(f)) ➔ Chua vs Clave
➔ Law will always have a moral ascendancy.
(f) A lawyer, who represents two or more
➔ Exemption is when the consensual
clients in the same case, in case there is
relationship existed before the lawyer-client
a settlement or plea-bargaining, shall
relationship.
disclose to all the clients the existence
andnature of all the claims or pleas
involved and the participation of each SECTION 17. Prohibition against conflict-of-
client in the settlement or plea- interest representation; prospective clients. — In
bargaining. (ABA Model Rules, Rule 1.8(k)) relation to prospective clients, the following
rules shall be observed:
(g) A lawyer shall avoid testifying in
behalf of the client, except: (a) A lawyer shall, at the earliest opportunity,
ascertain the existence of any conflict of interest
(1) on formal matters, such as the
between a prospective client and current clients,
mailing, authentication or custody
of an instrument, and the like; or and immediately disclose the same if found to
exist. (15.01a)
In case of an objection by either the prospective A lawyer for a corporation or other organization,
or current client, the lawyer shall not accept the who is also a member of its board of directors or
new engagement. trustees, shall determine whether the
responsibilities of the two roles may conflict. In
(b) A lawyer shall maintain the private
the event of the latter, the lawyer shall disclose
confidences of a prospective client even if no
the conflict of interest to all concerned parties.
engagement materializes, and shall not use any
(ABA Model Rules, Rule 1.9 Comment)
such information to further his or her own
interest, or the interest of any current client. ➔ A lawyer can be a corporate officer or a
lawyer of the corporation.
➔ This section makes a lawyer be mindful of
conflict of interest even if he or she is wearing
two hats.
SECTION 18. Prohibition against conflictof-
interest representation; former clients. — In
relation to former clients, the following rules
SECTION 20. Legal services organization;
shall be observed:
conflict of interest. — A legal services
(a) A lawyer shall maintain the private organization is any private organization,
confidences of a former client even after the including a legal aid clinic, partnership,
termination of the engagement, except upon the association, or corporation, whose primary
written informed consent of the former client, or purpose is to provide free legal services.
as otherwise allowed under the CPRA or other
A lawyer-client relationship shall arise only
applicable laws or regulations, or when the
between the client and the handling lawyers of
information has become generally known. (21a)
the legal services organization. All the lawyers of
(b) A lawyer shall not use information relating to the legal services organization who participated
the former representation, except as the CPRA in the handling of a legal matter shall be covered
or applicable laws and regulations would permit by the rule on conflict of interest and
or require with respect to a current or confidentiality.
prospective client, or when the information has
➔ Defined legal services organizations
become generally known. (ABA Model Rules,
➔ Only applicable to a particular handling
Rule 1.9(c))
lawyer not to the whole organization.
(c) Unless the former client gives written
informed consent, a lawyer who has represented
such client in a legal matter shall not thereafter SECTION 21. Lawyers in government service;
represent a prospective client in the same or conflict of interest. — A lawyer currently serving
related legal matter, where the prospective in the government shall not practice law
client’s interests are materially adverse to the privately, unless otherwise authorized by the
former client’s interests. (ABA Model Rules, Rule Constitution, the law or applicable Civil Service
1.9(a)) rules and regulations. If allowed, private practice
shall be upon the express authority of the
lawyer’s superior, for a stated specified purpose
or engagement, and only during an approved
leave of absence. However, the lawyer shall not
SECTION 19. Corporate lawyers; conflict of represent an interest adverse to the government.
interest. — In relation to organizational clients, a
lawyer who represents a corporation or any
organization does not, by virtue of such
representation, necessarily represent any
constituent or affiliated organization, such as a
parent or subsidiary. (ABA Model Rules, Rule 1.9
Comment)
SECTION 22. Public Attorney’s Office; conflict of A lawyer directly entrusted with a client’s
interest. — The Public Attorney’s Office is the confidences shall adopt necessary measures to
primary legal aid service office of the prevent other members of the law firm, both legal
government. In the pursuit of its mandate under and non-legal, to whom the client’s confidences
its charter, the Public Attorney’s Office shall have been shared, from disclosing or using them,
ensure ready access to its services by the without the written informed consent of the
marginalized sectors of society in a manner that client.
takes into consideration the avoidance of
potential conflict of interest situations which will
leave these marginalized parties unassisted by SECTION 31. Prohibition against filial disclosure.
counsel. — A lawyer shall not discuss a client’s confidences
even with family members.
A conflict of interest of any of the lawyers of the
Public Attorney’s Office incident to services
rendered for the Office shall be imputed only to
the said lawyer and the lawyer’s direct
supervisor. Such conflict of interest shall not SECTION 33. Foreign lawyers. — Foreign
disqualify the rest of the lawyers from the Public lawyers cannot, directly or indirectly, practice
Attorney’s Office from representing the affected law in the Philippines.
client, upon full disclosure to the latter and
written informed consent. ➔ Can a law firm hire a foreign consultant?
o It depends if the consultant is for
➔ Imputed only to said lawyer and the lawyer’s rendering a legal service pending in
direct supervisor. the law firm then no, they are not
➔ Such conflict of interest shall not disqualify allowed.
the rest of the lawyers of PAO from
representing the affected client, upon full
disclosure to the latter and written informed SECTION 35. Limited Legal Services. — Limited
consent. Legal Services refer to services for a specific
➔ Limits the scope of conflict of interest in the legal incident, with the expectation by the lawyer
PAO. and the client that the lawyer will not provide
continuing legal services in the matter. This
includes being appointed as counsel de officio
SECTION 27. Confidentiality of privileged only for arraignment purposes or special
communication. — A lawyer shall maintain the appearances to make any court submission, to
confidences of the client, and shall respect data give advice, to draft legal documents, to provide
privacy laws. The duty of confidentiality shall legal assistance before courts or administrative
continue even after the termination of the lawyer- bodies, and the like. (Canada Rules, Rule 3.4-2A)
client engagement. (21a)
In all instances, the lawyer shall state that the
➔ Defined in the Rule of Evidence service being rendered is in the nature of Limited
Legal Services.

SECTION 30. Duty of confidentiality of members A lawyer who renders Limited Legal Services
of a law firm. — A lawyer may disclose the legal shall be entitled to compensation as may be
matters entrusted by a client of the firm to the agreed upon or provided by the Rules of Court.
partners and associates, as well as paralegals, ➔ Questions:
legal assistants, law clerks, legal researchers,
law interns, and other non-legal staff, who are or 1. Client A comes to the office of a lawyer K for legal
will be involved in the handling of the client’s representation. However; the lawyer has too much
account, unless expressly prohibited by the client. workload. Thus, he just gives preliminary legal
(21.04a) advice to the client and refers him to another law
firm. Is there a lawyer-client relationship between the
client A and the lawyer X?
2. Indigent litigant A did not have a lawyer during partial judgment. In the case of a partial
arraignment. The court asked lawyer X to be his judgment, the same shall be subject of appeal.
counsel de oficio. May lawyer X refuse to such
An appeal in the main case shall not stay the
appointed because he has not yet determined
execution of the lawyer’s lien. In the execution of
whether a conflict of interest exist between him and
litigant A? the judgment in the main case, the court shall
give due consideration to the pending claim of
the lawyer.
➔ For 1 There is limited legal service. There is
If the claim for attorney’s lien arises after a
no lawyer client relationship in the long run
decision has been rendered by the court,
but it still bound by CPRA
➔ For 2 refer to Section 36 tribunal, or other government agency of origin
on the action or proceeding, the claim for the
enforcement of the lien shall be by an
independent action.
SECTION 36. Pro bono Limited Legal Services.
— A lawyer appointed by the court as counsel de ➔ File a Notice of Lien
officio shall not refuse to render Limited Legal ➔ Kind of execution even if there is a pending
Services pro bono on the ground of conflict of appeal - immediately executory judgement.
interest. Instead, the lawyer shall disclose to all o Can be immediately executed even if
affected parties such conflict of interest. there is an appeal.
In any case, the lawyer may not refuse to render
such pro bono legal services to the person
SECTION 52. Prohibition on lending and
concerned if only to the extent necessary to
borrowing; exceptions. — During the existence
safeguard the latter’s fundamental rights and not
of the lawyer-client relationship, a lawyer shall
to deprive such person of remedies available
under the law or rules. (2.02a) not lend money to a client, except under urgent
and justifiable circumstances. Advances for
➔ Lawyer must still give limited legal service professional fees and necessary expenses in a
even if he has not determined if there is legal matter the lawyer is handling for a client
conflict of interest shall not be covered by this rule.
➔ Q: If your client is a Bank, are you therefore
prohibited from obtaining a loan from the
SECTION 47. Enforcement of attorney’s lien. —
client?
In case of non-payment of attorney’s fees, a
o As long as the bank loan is publicly
lawyer may resort to the enforcement of the
applicable to everybody then it is
attorney’s lien under Canon III, Section 54,90 by
allowed.
filing a Notice of Enforcement of Attorney’s Lien
with the court, tribunal, or other government
agency of origin where the action or proceeding SECTION 53. Termination of engagement by the
the lawyer rendered service for is pending, lawyer. — A lawyer shall terminate the lawyer-
without prejudice to other remedies under the client engagement only for good cause and upon
law or the Rules of Court. The Notice shall be written notice, in any of the following cases:
accompanied by proof of the services rendered,
(a) When the client pursues an illegal or immoral
and served on the client. The court, tribunal, or
course of conduct in connection with the
other government agency, after hearing, shall
engagement;
determine the lawyer’s entitlement to the
claimed fees. (b) When the client insists that the lawyer pursue
conduct that is violative of these Canons and rules;
The enforcement of an attorney’s lien shall be
treated as an independent claim and shall in no (c) When the lawyer’s inability to work with a co-
instance delay the resolution of the main case. counsel will not promote the best interest of the
The resolution of the lawyer’s claim may be client;
included in the main judgment or in a separate
(d) When the moral predisposition or the mental
or physical condition of the lawyer renders it difficult
➔ A lawyer can have several professions as
to carry out the engagement effectively;
long as they ensure that the lawyers
(e) When the client deliberately fails to pay the fees competence, etc. shall not be jeopardized.
for the lawyer’s services, fails to comply with the
retainer agreement, or can no longer be found
despite diligent efforts; SECTION 10. Non-legal activities. — A lawyer
who is engaged in business or other non-legal
(f) When the lawyer is elected or appointed to public
office; profession shall likewise observe the ethical
duties and responsibilities of a lawyer under the
(g) Other similar cases. (22a, 22.01a) CPRA.

CANON IV: COMPETENCE AND DILIGENCE CANON V: EQUALITY


A lawyer professionally handling a client’s cause Every lawyer shall adhere to the principle of
shall, to the best of his or her ability, observe equality and hold firmly the belief that every
competence, diligence, commitment, and skill person, regardless of nationality or ethnicity,
consistent with the fiduciary nature of the color, sexual orientation or gender identity,
lawyer-client relationship, regardless of the religion, disability, age, marital status, social or
nature of the legal matter or issues involved, and economic status, and other like circumstances,
whether for a fee or pro bono. has the fundamental right to equal treatment and
representation.
As such, the lawyer shall accord equal respect,
SECTION 7. Extension of time to file. — A lawyer
attention, dedication and zeal in advancing the
shall avoid asking for an extension of time to file
client’s cause, regardless of personal opinion,
any pleading, motion, or other court submission,
religious or political beliefs pertaining on the
except when allowed by the Rules of Court or for
personal circumstances of the client, except for
good cause.
justifiable reasons.
When an extension is obtained, the lawyer shall
not let the period lapse without submitting the
pleading, motion, or other court submission, SECTION 1. Non-discrimination. — A lawyer shall
except upon the client’s decision not to pursue not decline to represent a person solely on account
the case any further or for other justifiable of the latter’s nationality or ethnicity, sexual
cause. (12.03a) orientation or gender identity, religion, disability,
age, marital status, social or economic status,
➔ A lawyer should be mindful of the extensions
political beliefs, or such lawyer’s or the public’s
granted by court.
opinion regarding the guilt of said person, except for
justifiable reasons. (14.01)

SECTION 9. Practice of law concurrent with


another profession. — A lawyer who is engaged in CANON VI: ACCOUNTABILITY
another profession or occupation concurrently with
the practice of law shall expressly provide in the By taking the Lawyer’s Oath, a lawyer becomes
pertinent contract the nature of the services the a guardian of the law and an administrator of
lawyer is engaged to perform. (15.08a) justice. As such, the lawyer shall observe the
highest degree of morality, adhere to rigid
The practice of another profession or occupation
standards of mental fitness, and faithfully
shall not jeopardize such lawyer’s competence, comply with the rules of the legal profession.
integrity, probity, and independence in rendering
legal services. Failure to honor this covenant makes the lawyer
unfit to continue in the practice of law and
accountable to society, the courts, the legal Only those approved by the Supreme Court may
profession, and the client. be designated as Investigating Commissioners,
who shall serve for a term of three (3) years,
unless sooner removed, replaced or resigned.
SECTION 2. How instituted. — Proceedings for the
An updated list shall be submitted by the IBP to
disbarment, suspension, or discipline of lawyers
the Supreme Court upon removal, replacement,
may be commenced by the Supreme Court on its
or resignation of a lawyer previously designated
own initiative, or upon the filing of a verified
as Investigating Commissioner by the Supreme
complaint by the Board of Governors of the Court.
Integrated Bar of the Philippines (IBP), or by any
person, before the Supreme Court or the IBP. All approved Investigating Commissioners shall
However, a verified complaint against a take an oath of office in the form prescribed by
government lawyer which seeks to discipline the IBP. A copy of the Investigating
such lawyer as a member of the Bar shall only be Commissioner’s appointment and oath shall be
filed in the Supreme Court. (R139-B, sec. 1) transmitted to the Supreme Court. (R139-B, sec.
2)
A verified complaint filed with the Supreme Court
may be referred to the IBP for investigation,
report and recommendation, except when filed
SECTION 6. Complaint against a government
directly by the IBP, in which case, the verified
lawyer. — When a complaint is filed against a
complaint shall be referred to the Office of the
government lawyer, the Investigating
Bar Confidant or such fact-finding body as may
Commissioner shall determine, within five days
be designated.
from assignment by raffle, whether the
Complaints for disbarment, suspension and concerned agency, the Ombudsman, or the
discipline filed against incumbent Justices of the Supreme Court has jurisdiction. If the allegations
Court of Appeals, Sandiganbayan, Court of Tax in the complaint touch upon the lawyer’s
Appeals and judges of lower courts, or against continuing obligations under the CPRA or if the
lawyers in the judicial service, whether they are allegations, assuming them to be true, make the
charged singly or jointly with other respondents, lawyer unfit to practice the profession, then the
and whether such complaint deals with acts Investigating Commissioner shall proceed with
unrelated to the discharge of their official the case. Otherwise, the Investigating
functions, shall be forwarded by the IBP to the Commissioner shall recommend that the
Supreme Court for appropriate disposition under complaint be dismissed.
Rule 140, as amended.
➔ Navarra vs Trinidad

SECTION 4. List of Investigating SECTION 11. Lack of prima facie showing of


Commissioners; qualifications. — The IBP shall liability; outright dismissal. — Within fifteen (15)
recommend to the Supreme Court one hundred calendar days from assignment by raffle, if the
fifty (150) lawyers in good standing and repute, Investigating Commissioner finds no prima facie
whom the IBP shall proportionately select from showing of liability, the Investigating
its nine (9) regions. (R139-B, sec. 2) The IBP may Commissioner shall recommend the outright
periodically recommend the adjustment dismissal of the complaint to the Supreme Court.
of the number of Investigating Commissioners to The Supreme Court may adopt the
the Supreme Court according to the existing recommendation and dismiss the complaint outright.
caseload. Otherwise, the Supreme Court shall direct the
Investigating Commissioner to conduct further
The list, with the curriculum vitae of the proceedings. (R139-B, sec. 5)
recommended lawyers, shall be submitted by the
IBP within a month from the effectivity of the
Code.
SECTION 15. Dismissal after answer. — If the o It has been observed that the
Investigating Commissioner finds that the Mandatory Preliminary Hearing is the
complaint is not meritorious based on the verified cause of delay in many administrative
answer, the Investigating Commissioner shall proceedings.
recommend to the Supreme Court the dismissal of
the complaint. Otherwise, the Supreme Court shall
direct the Investigating Commissioner to conduct SECTION 22. Clarificatory hearing. — Within ten
further proceedings. (R139-B, sec. 5) (10) calendar days from receipt of the last
position paper, the Investigating Commissioner
shall determine whether there is a need to conduct
SECTION 20. Submission of preliminary a hearing to clarify factual issues and confront
conference briefs. — Immediately upon receipt of witnesses.
the verified answer, the Investigating
If deemed necessary, the Investigating
Commissioner shall send a notice to the parties
Commissioner shall set the hearing within fifteen
and counsels to simultaneously file, within a
(15) calendar days from such determination, and
non-extendible period of ten (10) calendar days
identify the factual issues to be made subject of
from receipt of the notice, their respective
the hearing.
preliminary conference briefs which shall
contain the following: The Investigating Commissioner may subpoena
any witness to appear at the hearing to answer
(a) Admissions;
clarificatory questions. Thereafter, the
(b) Stipulation of facts; Investigating Commissioner may allow the
parties to confront the witnesses and propound
(c) Definition of issues; (CBD, Rule V, sec. 1)
their own clarificatory questions on the factual
(d) Judicial affidavits and marked exhibits, issues identified by the Investigating
accompanied by the lawyer’s certification that Commissioner. (CBD, Rule V, sec. 3)
the attached documents are the genuine or
The clarificatory hearing may be done in-person
faithful reproductions of the original in his or her
or through videoconferencing. If it is conducted
custody or possession;
in-person, the clarificatory hearing shall be done
(e) Such other matters as may aid in the prompt at the most convenient venue for the parties.
disposition of the action.
The clarificatory hearing shall be terminated
within thirty (30) calendar days from its
commencement.

SECTION 21. Preliminary conference order;


position papers. — Within ten (10) calendar days
from receipt of the preliminary conference briefs,
SECTION 25. Issuance of report and
the Investigating Commissioner shall issue a
recommendation by the Investigating
Preliminary Conference Order, on the basis of
Commissioner. — If there is no clarificatory
such briefs submitted by the parties and
hearing, the Investigating Commissioner shall
counsels, summarizing the stipulated facts,
render a report and recommendation and submit
issues and marked exhibits.
the same to the IBP Board of Governors within a
The Investigating Commissioner shall further non-extendible period of sixty (60) calendar days
direct the parties to submit their verified position from receipt of the last position paper or lapse of
papers within a non-extendible period of ten (10) the period given. (CBD, Rule V, secs. 6, 7)
calendar days from receipt of the preliminary
In case the Investigating Commissioner sets a
conference order. (CBD, Rule V, sec. 2)
clarificatory hearing, the report and
recommendation shall be rendered and submitted to
the IBP Board of Governors within a non-
➔ Removal of Mandatory Preliminary Hearing.
extendible period of thirty (30) calendar days SECTION 33. Serious offenses. — Serious
from the termination of the hearing. (CBD, Rule offenses include:
V, secs. 6, 7)
(a) Gross misconduct, or any inexcusable,
The report and recommendation shall be shameful or flagrant unlawful conduct;
accompanied by the duly certified transcript of
(b) Serious dishonesty, fraud, or deceit,
stenographic notes, or in lieu thereof, the audio
including falsification of documents and making
recording, if any, or the Investigating
untruthful statements;
Commissioner’s personal notes duly signed,
which should be attached to the records, (c) Bribery or corruption;
together with the evidence presented during the
investigation. The submission of the report need not (d) Gross negligence in the performance of duty,
await the transcription of the stenographic notes, it or conduct that is reckless and inexcusable,
being sufficient that the report reproduce which results in the client being deprived of his
substantially from the Investigating or her day in court;
Commissioner’s personal notes any relevant and (e) Conviction of a crime involving moral
pertinent testimonies. (R139-B, sec. 10) turpitude;
If the hearing is conducted through (f) Grossly immoral conduct, or an act that is so
videoconferencing, the proceedings shall be corrupt or false as to constitute a criminal act, or
recorded by the Investigating Commissioner. It so immoral as to be reprehensible to a high
shall form part of the records of the case, degree;
appending thereto relevant electronic
documents taken up or issued during the (g) Misappropriating a client’s funds or
hearing. (A.M. No.20-12-01-SC, II.B.8.) properties;
(h) Gross ignorance of the law or procedure, or
the disregard of basic rules and settled
jurisprudence, when either is attended by bad
SECTION 26. Submission of Resolution by the faith, malice or corrupt motive;
Board of Governors. – The IBP Board of (i) Grossly undignified conduct prejudicial to the
Governors shall have a non-extendible period of administration of justice;
ninety (90) calendar days from receipt of the
Report and Recommendation of the (j) Sexual abuse;
Investigating Commissioner, within which to
(k) Gender-based sexual harassment or
submit to the Supreme Court its Resolution
discrimination;
adopting, modifying or disapproving such
Report and Recommendation. (l) Open defiance to any order of the court,
tribunal, or other government agency;
(m) Threat of physical or economic harm,
amounting to a crime, directed at a fellow lawyer,
SECTION 32. Quantum and burden of proof. — In the latter’s client or principal, a witness, or any
administrative disciplinary cases, the official or employee of a court, tribunal, or other
complainant has the burden of proof to establish government agency;
with substantial evidence the allegations against
(n) Willful and deliberate forum shopping, and
the respondent. Substantial evidence is that
forum shopping through gross negligence;
amount of relevant evidence which a reasonable
mind might accept as adequate to justify a (o) Intentional violation of the rule on privileged
conclusion. communication;
(p) Violation of the notarial rules, except
reportorial requirements, when attended by bad
faith;
(q) Intentional violation of the conflict of interest (m) Use of intemperate or offensive language
rules; before any court, tribunal, or other government
agency;
(r) Influence-peddling or using one’s
relationships to obtain a favorable action on, or (n) Unjustifiable failure or refusal to render an
outcome in, any pending matter or proceeding, accounting of the funds or properties of a client;
directly or indirectly, with or without monetary
(o) Unauthorized division of fees with a non-
consideration, from any officer of a court,
lawyer; and
tribunal or other government agency;
(p) Other violations of reportorial requirements.
(s) Unlawful discrimination under Canon V; and
(t) Sale, distribution, possession and/or use of
illegal drugs or substances.

SECTION 35. Light offenses. — Light offenses


include:
(a) Violation of IBP rules and issuances
SECTION 34. Less serious offenses. — Less
governing membership in the IBP;
serious offenses include:
(b) Use of vulgar or offensive language in
(a) Simple misconduct, or such misconduct
personal dealings;
without the manifest elements of corruption,
clear intent to violate the law or flagrant (c) Fraternizing with the officials or employees of
disregard of established rules; a court, tribunal, or other government agency
where the respondent has a pending case or
(b) Simple negligence in the performance of
cases, to such a degree and frequency as would
duty, or such negligence which does not result
give the appearance of power or influence over
in depriving the client of his or her day in court;
them, or which tends to create an impression of
(c) Violation of Supreme Court rules and impropriety;
issuances in relation to Bar Matters and
(d) Filing of frivolous motions for inhibition;
administrative disciplinary proceedings,
including willful and deliberate disobedience of (e) Failure to promptly call upon client to rectify
the orders of the Supreme Court and the IBP; a fraudulent act; or
(d) Simple dishonesty; (f) Other similar or analogous infractions of the
CPRA.
(e) Other violations of the conflict of interest
rules;
(f) Prohibited borrowing of money from a client;
(g) Prohibited lending of money; SECTION 36. Assisting in the commission of an
(h) Other unlawful threats; offense. — Any lawyer who shall knowingly
assist another lawyer in the commission of any
(i) Instituting frivolous or baseless actions, on serious, less serious, or light offense punished
the basis of a final decision or order dismissing by the CPRA may also be held liable.
such action for being frivolous or baseless;
(j) Violation of the sub judice rule;
(k) Deliberate failure or refusal to pay just debts;
(l) Termination of legal services absent good
cause and written notice;
SECTION 37. Sanctions. — SECTION 41. Payment of fines and return of
client’s money and property. — When the penalty
(a) If the respondent is found guilty of a serious
imposed is a fine or the respondent is ordered to
offense, any of the following sanctions, or a
return the client’s money or property, the
combination thereof, shall be imposed:
respondent shall pay or return it within a period
(1) Disbarment; not exceeding three (3) months from receipt of
the decision or resolution. If unpaid or
(2) Suspension from the practice of law unreturned, the Court may cite the respondent in
for a period exceeding six (6) months; indirect contempt. (R140.22)
(3) Revocation of notarial commission
and disqualification as notary public for
not less than two (2) years; or
(4) A fine exceeding Php100,000.00. SECTION 42. Penalty when the respondent has
been previously disbarred. — When the
(b) If the respondent is found guilty of a less respondent has been previously disbarred and is
serious offense, any of the following sanctions, subsequently found guilty of a new charge, the
or a combination thereof, shall be imposed: Court may impose a fine or order the disbarred
(1) Suspension from the practice of law lawyer to return the money or property to the
for a period within the range of one (1) client, when proper. If the new charge deserves
month to six (6) months, or revocation of the penalty of a disbarment or suspension from
notarial commission and disqualification the practice of law, it shall not be imposed but
as notary public for less than two (2) the penalty shall be recorded in the personal file
years; of the disbarred lawyer in the Office of the Bar
Confidant or other office designated for the
(2) A fine within the range of P35,000.00 to purpose. In the event that the disbarred lawyer
P100,000.00. applies for judicial clemency, the penalty so
recorded shall be considered in the resolution of
(c) If the respondent is found guilty of a light
the same.
offense, any of the following sanctions shall be
imposed:
(1) A fine within the range of P1,000.00 to ➔ There is no such thing as a double
P35,000.00; disbarment in the Philippines.
(2) Censure; or
(3) Reprimand. SECTION 43. Immediately executory; furnished
copies. — The decision or resolution
In addition to the above sactions in
pronouncing the respondent’s administrative
paragraph (c), the respondent may also
liability is immediately executory. The copies of
be required to do community service or
the decision or resolution shall be furnished to
service in the IBP legal aid program.
the Office of the Bar Confidant, the Integrated
In all instances, when the offense involves Bar of the Philippines National Office and local
money or property owed, which is intrinsically chapter to which the respondent belongs, and
linked to the lawyer-client relationship, the the Office of the Court Administrator for
respondent shall be ordered to return the same. circulation to all the courts. (R140.23)

➔ No graduation of penalty in old Code with


respect to offenses of lawyers.
➔ Penalty imposing administrative judgement
➔ Same as administrative offenses of judges
is immediately executory
under Rule 140 of ROC
➔ Removed admonition because it is not a
penalty.
SECTION 45. Sworn statement after service of determines that there is a false statement stated
suspension. — Upon the expiration of the period therein, it shall refer the same to the Court for its
of suspension from the practice of law, the immediate action.
lawyer shall file a Sworn Statement with the
➔ In Re: Brillantes
Supreme Court, through the Office of the Bar
Confidant, to show that the petitioner, during the
period of suspension:
SECTION 48. Petition for judicial clemency. —
(a) has not appeared before any court, tribunal or The verified petition for judicial clemency shall
other government agency, whether in respect of allege the following:
current, former or prospective clients;
(a) that the verified petition was filed after five
(b) has not signed or filed any pleading or other years from the receipt of the order, decision, or
court submission; resolution of disbarment;
(c) has duly informed his or her clients, law firm, (b) that the disbarred lawyer has fully complied
law school where the lawyer is teaching, legal with the terms and conditions of all prior
clinic, or other legal service organization of disciplinary orders, including orders for
which he or she is a member, regarding the restitution;
suspension; and
(c) that he or she recognizes the wrongfulness
(d) has not otherwise performed any act, directly and seriousness of the misconduct for which he
or indirectly, that amounts to the practice of law. or she was disbarred by showing positive acts
evidencing reformation;
The Sworn Statement shall state the date of the
lawyer’s receipt of the order, decision or (d) that he or she has reconciled, or attempted in
resolution imposing the penalty of suspension, good faith to reconcile, with the wronged private
as well as a list of the lawyer’s engagements offended party in the disbarment case, or if the
affected by the suspension, indicating the same is not possible, an explanation as to why
relevant court, tribunal or other government such attempt at reconciliation could not be
agency, if any. made. Where there is no private offended party,
the plea for clemency must contain a public
Copies of the Sworn Statement shall be
apology; and
furnished to the Local Chapter of the IBP, to the
Executive Judge of the courts where the (e) notwithstanding the conduct for which the
suspended lawyer has pending cases handled disbarred lawyer was disciplined, he or she has
by him or her, and/or where he or she has the requisite good moral character and
appeared as counsel. competence.
Any of the following allegations may also be
made in support of the petition:
(a) that he or she still has productive years that
SECTION 46. Resumption of practice of law. –
can be put to good use if given a chance; or
The Sworn Statement shall be considered as
proof of the suspended lawyer’s compliance (b) there is a showing of promise (such as
with the order of suspension. Such lawyer shall intellectual aptitude, learning or legal acumen or
be allowed to resume the practice of law upon contribution to legal scholarship and the
the filing of the Sworn Statement before the development of the legal system or
Supreme Court. administrative and other relevant skills), as well
as potential for public service.
However, any false statement in the Sworn
Statement shall be a ground for a complaint for
disbarment.
Within five (5) days from the filing of the Sworn
Statement and the Office of the Bar Confidant
SECTION 49. Action on the petition for judicial Any client previously represented by a
clemency; prima facie merit. — Upon receipt of suspended lawyer may engage the services of a
the petition, the Supreme Court shall conduct a new lawyer.
preliminary evaluation and determine if the same
The disbarment or suspension of a handling
has prima facie merit based on the criteria.
lawyer shall not terminate the lawyer-client
If the petition has prima facie merit, the Supreme engagement between the client and the law firm,
Court shall refer the petition to the Office of the unless the client chooses otherwise.
Bar Confidant or any fact-finding body the Court
➔ Questions:
so designates for investigation, report and
1. Can a suspended Lawyer draft a
recommendation.
pleading but the pleading will be signed
If the petition fails to show any prima facie merit, by another lawyer in good standing?
it shall be denied outright. o Yes a suspended lawyer can draft a
pleading because it is not covered by
prohibition.
o Writing drafts is not a pleading, it only
becomes a pleading when it is signed
SECTION 51. Decision on the petition for judicial by a lawyer
clemency; quantum of evidence. — The Supreme 2. Can a suspended lawyer give a lecture in
Court shall decide the petition on the basis of a bar review program?
clear and convincing evidence. o No because it is still considered as
teaching.

SECTION 52. Prohibition against employment of


disbarred or suspended lawyer. — A lawyer who GENERAL PROVISIONS
has been disbarred or suspended shall not be
employed or engaged in the practice of law,
including the performance of the following acts:
SECTION 1. Retroactive effect. — The CPRA shall
(a) Providing legal consultation or advice; be applied to all cases filed after its effectivity and
also retroactively to all pending cases, except to the
(b) Appearing on behalf of a client in any hearing extent that in the opinion of the Court, its application
or proceeding before any court, tribunal, or other would not be feasible or would work injustice, in
government agency or office; which case the procedure under which the cases
(c) Appearing as a representative of a client at a were filed shall govern.
deposition or other discovery matter;
(d) Negotiating or transacting any legal matter
for or on behalf of a client with third parties; or
SECTION 3. Effectivity clause. — The CPRA shall
(e) Receiving, disbursing, or otherwise handling take effect on April 11, 2023 and shall be
a client’s funds; or published in the Official Gazette or in two
(f) Teaching law subjects in any educational newspapers of national circulation.
institution.
(g) Acting and being commissioned as a Notary
Public.
A suspended lawyer shall immediately cease
and desist from the practice of law until the
suspension is lifted by the Supreme Court.
Revised Lawyer’s Oath
I, (name), do solemnly swear (affirm) that I accept the honor, privilege, duty and responsibilityof practicing law in
the Philippines as an Officer of the Court in the interest of our people.
I declare fealty to the Constitution of the Republic of Philippines.
In doing so, I shall work towards promoting “the rule of law and a regime of truth, justice, freedom, love, equality,
and peace.”
I shall conscientiously and courageously work for justice, as well as safeguard the rights and meaningful
freedoms of all persons, identities and communities. I shall ensure greater and equitable access to justice.196 I
shall do no falsehood nor shall I pervert the law to unjustly favor nor prejudice anyone. I shall faithfully discharge
these duties and responsibilities to the best of my ability, with integrity, and utmost civility. I impose all these upon
myself without mental reservation nor purpose of evasion.
[For oaths] So help me, God. (Omit for affirmations)

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