CODE OF PROFESSIONAL

CODE OF PROFESSIONAL
RESPONSIBILITY AND OBSERVATIONS
RESPONSIBILITY
ACCOUNTABILITY
CHAPTER I. THE LAWYER AND CANON I - INDEPENDENCE. This principle ensures that lawyers are able to
SOCIETY provide objective and unbiased advice to their
The independence of a lawyer in the
discharge of professional duties without
clients, free from any external pressures or
any improper influence, restriction, influences. However, this principle is not always
pressure, or interference, direct or upheld in practice. Lawyers may face pressure from
indirect, ensures effective legal clients, colleagues, or even the government to act in
representation and is ultimately a certain way or make certain decisions. In such
imperative for the rule of law.
cases, it is important for lawyers to remain steadfast
in their commitment to independence and resist any
attempts at improper influence
CANON 1 - A LAWYER SHALL SECTION 1. Independent, accessible, The difference between upholding the constitution
UPHOLD THE CONSTITUTION, OBEY efficient and effective legal service. — A and striving for independent, accessible, efficient,
THE LAWS OF THE LAND AND lawyer shall make legal services
PROMOTE RESPECT FOR LAW OF accessible in an efficient and effective
and effective legal practices is a complex one. While
AND LEGAL PROCESSES. manner. In performing this duty, a it is important for lawyers to prioritize the
lawyer shall maintain independence, act constitution and ensure that their actions align with
with integrity, and at all times ensure the its principles, it is also crucial for them to provide
efficient and effective delivery of justice. legal services that are accessible to all individuals
regardless of their socioeconomic status.

In some cases, prioritizing the constitution may lead

to legal practices that are not as efficient or
accessible as they could be. For example, strict
faithfulness to constitutional principles may result in
lengthy court proceedings that can be financially
burdensome for clients and also lawyers must strike
a balance between these two priorities. They must
prioritize upholding the constitution while also
striving for legal practices that are accessible,
efficient, and effective for all individuals.
Rule 1.01 - A lawyer shall not engage in SECTION 2. Merit-based practice. — A It highlights the variance of the ethical standards
unlawful, dishonest, immoral or deceitful lawyer shall rely solely on the merits of a that lawyers must adhere to in their practice. The
conduct. cause and not exert, or give the article emphasizes the importance of maintaining
appearance of, any influence on, nor
undermine the authority of, the court,
honesty and integrity in all aspects of legal work. It
tribunal or other government agency, or also highlights the need for lawyers to prioritize
its proceedings. merit-based practices over unethical conduct and
also it is a useful resource for lawyers who want to
maintain high ethical standards in their practice.
However, it could benefit from more specific
guidance on how to achieve these goals.

Rule 1.02 - A lawyer shall not counsel or SECTION 3. Freedom from improper This is a thought-provoking piece that highlights the
abet activities aimed at defiance of the considerations and external influences. ethical responsibilities of lawyers and it argues that
law or at lessening confidence in the — A lawyer shall not, in advocating a
legal system. client’s cause, be influenced by
lawyers should not engage in activities that aim to
dishonest or immoral considerations, defy the law or seek freedom from improper
external influences, or pressure. considerations. It emphasizes that lawyers have a
duty to uphold the law and promote justice, even if it
means going against their client's wishes.

It acknowledges the challenges faced by lawyers

who may feel pressured by clients or colleagues to
act unethically. However, it maintains that lawyers
must remain steadfast in their commitment to
upholding the law and promoting justice.

Rule 1.03 - A lawyer shall not, for any SECTION 4. Non-interference by a Non-interference by a lawyer and the rule that a
corrupt motive or interest, encourage lawyer. — Unless authorized by law or a lawyer shall not, for any corrupt motive or interest,
any suit or proceeding or delay any court, a lawyer shall not assist or cause
man's cause. a branch, agency, office or officer of the
compromise or prejudice the interests of their client
government to interfere in any matter are two fundamental principles in legal ethics. Non-
before any court, tribunal, or other interference refers to the principle that lawyers
government agency. should not interfere with the free will of their
clients. This means that lawyers should provide
legal advice and guidance but ultimately allow their
 clients to make decisions on how to proceed with
their case.

While both principles aim to protect clients'

interests, they differ in their approach. Non-
interference emphasizes client autonomy while the
rule against corrupt motives emphasizes ethical
behavior by lawyers. Both are important for
maintaining trust between lawyers and clients and
ensuring justice is served fairly.
Rule 1.04 - A lawyer shall encourage his SECTION 5. Lawyer’s duty and Lawyers have a duty to their clients to provide the
clients to avoid, end or settle a discretion in procedure and strategy. — best legal advice and representation possible.
controversy if it will admit of a fair A lawyer shall not allow the client to
settlement. dictate or determine the procedure in
However, there are different approaches that lawyers
handling the case. can take in fulfilling this duty. Some lawyers may
encourage their clients to avoid controversy and
Nevertheless, a lawyer shall respect the settle disputes outside of court, while others may
client’s decision to settle or compromise take a more aggressive approach and seek out
the case after explaining its
consequences to the client.
litigation.

On one hand, lawyers who encourage their clients to

avoid controversy may prioritize maintaining good
relationships between parties and minimizing legal
costs. This approach can be effective in resolving
disputes quickly and efficiently without the need for
lengthy court proceedings, also lawyers who take a
more aggressive approach may be better suited for
complex cases that require extensive legal expertise.
CANON 2 - A LAWYER SHALL MAKE CANON II - PROPRIETY It highlights the importance of accessibility and
HIS LEGAL SERVICES AVAILABLE IN convenience in legal services. While this statement
AN EFFICIENT AND CONVENIENT A lawyer shall, at all times, act with
MANNER COMPATIBLE WITH THE propriety and maintain the appearance
may seem simple, it carries significant implications
INDEPENDENCE, INTEGRITY AND of propriety in personal and professional for both clients and lawyers.
EFFECTIVENESS OF THE dealings, observe honesty, respect and
PROFESSION. courtesy, and uphold the dignity of the lawyers should always behave ethically and
legal profession consistent with the
 highest standards of ethical behavior.
professionally, both inside and outside the
courtroom. This code of conduct is essential to
ensure that lawyers maintain the trust of their clients
and the public. Comparing this code to other
professions, we can see that it is similar to codes
followed by doctors, accountants, and other
professionals who deal with sensitive information.
However, unlike some professions where personal
behavior may not be as closely scrutinized, lawyers
are held to a higher standard because their actions
can directly affect their clients' legal outcomes.

Rule 2.01 - A lawyer shall not reject, SECTION 1. Proper conduct. — A It requires them to provide legal representation to
except for valid reasons, the cause of lawyer shall not engage in unlawful, those who are unable to defend themselves or are
the defenseless or the oppressed. dishonest, immoral, or deceitful conduct.
oppressed by the system. This principle is similar to
the Hippocratic Oath taken by doctors, which
requires them to prioritize their patients' well-being
above all else.

However, there are some differences between these

two principles. While doctors are required to treat all
patients regardless of their social status or financial
situation, lawyers have the right to reject a case if
they have valid reasons for doing so. This means
that lawyers can refuse a case if it conflicts with
their personal beliefs or if they feel that they cannot
provide adequate representation.

The code of conduct for lawyers is designed to

ensure that they maintain high levels of integrity and
professionalism while representing their clients.
Rule 2.02 - In such cases, even if the SECTION 2. Dignified conduct. — A lawyers have a duty to provide legal services to
lawyer does not accept a case, he shall lawyer shall respect the law, the courts, those in need, even if they do not accept the case.
not refuse to render legal advice to the tribunals, and other government
person concerned if only to the extent agencies, their officials, employees, and
This rule is designed to ensure that everyone has
necessary to safeguard the latter's processes, and act with courtesy, civility, access to legal representation, regardless of their
rights. fairness, and candor towards fellow financial situation.
members of the bar.
On one hand, this rule can be seen as a positive step
A lawyer shall not engage in conduct
that adversely reflects on one’s fitness to towards equal access to justice. It ensures that
practice law, nor behave in a scandalous lawyers cannot turn away clients simply because
manner, whether in public or private life, they cannot afford their services. This helps to level
to the discredit of the legal profession. the playing field and prevent those with money from
having an unfair advantage in legal proceedings and
with that The legal profession is one of the most
respected and revered professions in society.
Lawyers are expected to conduct themselves with
dignity and respect for the law, the courts, tribunals,
and other government agencies. This conduct is
essential to maintain the integrity of the legal system
and ensure that justice is served.

On one hand, respecting the law means that lawyers

must adhere to ethical standards and follow all
applicable laws and regulations. They must also be
honest with their clients and not engage in any
illegal or unethical behavior
Rule 2.03 - A lawyer shall not do or SECTION 3. Safe environment; avoid all The legal profession has strict ethical guidelines that
permit to be done any act designed forms of abuse or harassment. — A lawyers must adhere to, and one of the most
primarily to solicit legal business. lawyer shall not create or promote an
unsafe or hostile environment, both in
important rules is that a lawyer shall not do or
private and public settings, whether permit to be done any act designed primarily to
online, in workplaces, educational or solicit legal business. This rule is designed to
training institutions, or in recreational prevent lawyers from engaging in unethical
areas. practices, such as ambulance chasing or other forms
To this end, a lawyer shall not commit
 any form of physical, sexual, of aggressive advertising.
psychological, or economic abuse or
violence against another person. A
lawyer is also prohibited from engaging When comparing this rule to other professions, such
in any gender-based harassment or as sales or marketing, it is clear that lawyers have a
discrimination. unique set of ethical considerations. While
salespeople and marketers are often encouraged to
aggressively pursue new business opportunities,
lawyers must balance their desire for new clients
with their obligation to uphold the integrity of the
legal profession.

The concept of a safe environment is crucial in any

setting, be it personal or professional. The legal
profession, in particular, places a high value on
creating and maintaining a safe environment for all
individuals involved. This is evident in the ethical
rules that govern lawyers' conduct, which prohibit
them from creating or promoting unsafe
environments.

In contrast, abuse and harassment are forms of

behavior that create an unsafe environment. They
can occur anywhere and have devastating effects on
the victims. It is essential to avoid all forms of abuse
or harassment to ensure that everyone feels safe and
respected.

Rule 2.04 - A lawyer shall not charge SECTION 4. Use of dignified, gender- It is a common ethical guideline in the legal
rates lower than those customarily fair, and child- and culturally-sensitive profession. This rule aims to prevent lawyers from
prescribed unless the circumstances so language. — A lawyer shall use only
warrant. dignified, gender-fair, child- and
engaging in price undercutting, which can lead to a
culturally-sensitive language in all race to the bottom and ultimately harm clients.
personal and professional dealings.
To this end, a lawyer shall not use
language which is abusive, intemperate, On one hand, this rule can be seen as beneficial for
offensive or otherwise improper, oral or
written, and whether made through clients because it ensures that they receive quality
traditional or electronic means, including legal services at fair prices. By preventing lawyers
all forms or types of mass or social from charging excessively low rates, clients are
media. protected from unscrupulous attorneys who may
provide subpar services or engage in unethical
practices.

The use of dignified, gender-fair, child- and

culturally-sensitive language is an important aspect
of the legal profession. It ensures that all individuals
are treated with respect and that their rights are
protected. However, there are some differences in
how this language is used in different contexts.

In terms of gender-fair language, lawyers must be

careful to avoid using masculine pronouns when
referring to both men and women. This can be
challenging in legal documents where space is
limited, but it is essential to ensure that all parties
feel included.

SECTION 5. Observance of fairness Lawyers are professionals who provide legal

and obedience. — A lawyer shall, in services to individuals, businesses, and
every personal and professional
engagement, insist on the observance of
organizations. They are bound by ethical rules and
the principles of fairness and obedience regulations that require them to provide their
to the law. services with honesty, fairness, dignity, and
objectivity. This means that they must always act in
the best interests of their clients while upholding the
integrity of the legal profession.

In contrast, some lawyers may not adhere to these

 ethical standards and may use false or misleading
statements to attract clients. Such lawyers may make
exaggerated claims about their abilities or
experience in order to gain an advantage over their
competitors.

In today's society, it is essential to have a lawyer in

every personal and professional engagement. The
reason behind this is that lawyers ensure the
observance of the principles of fair play. They make
sure that all parties involved are treated equally and
that justice is served. However, there are some
differences between personal and professional
engagements when it comes to hiring a lawyer.

In personal engagements, such as divorce or child

custody cases, lawyers help their clients navigate
through complex legal procedures while also
providing emotional support. On the other hand, in
professional engagements like business deals or
contracts, lawyers help their clients negotiate terms
and conditions while ensuring compliance with legal
regulations.
SECTION 6. Harassing or threatening The legal profession is governed by strict ethical
conduct. — A lawyer shall not harass or codes that require lawyers to uphold the highest
threaten a fellow lawyer, the latter’s
client or principal, a witness, or any
standards of integrity and honesty. One such code is
official or employee of a court, tribunal, the prohibition against using or permitting the use of
or other government agency. any false, fraudulent, or misleading statement. This
rule applies to all aspects of a lawyer's practice,
including advertising, communication with clients
and other parties, and courtroom presentations.
 When comparing this rule to other professions, it is
clear that lawyers are held to a higher standard than
most. While many professions have ethical codes
that prohibit dishonesty and deception, few are as
specific or comprehensive as those governing the
legal profession. This reflects the unique role that
lawyers play in society as advocates for justice and
fairness.

The legal profession is one that requires high ethical

standards and adherence to strict codes of conduct.
One such code is the rule that lawyers should not
harass their fellow lawyers, clients, witnesses,
officials of the court or government. This rule is
designed to ensure that the legal process remains fair
and impartial. However, when compared to other
legal rules such as client confidentiality and
avoiding conflicts of interest, this rule seems less
significant. While harassment can certainly disrupt
the legal process and cause harm to individuals
involved, breaching client confidentiality or
engaging in conflicts of interest can have far more
serious consequences.

SECTION 7. Formal decorum and The legal profession is one of the most respected
appearance. — A lawyer shall observe and revered professions in the world. Lawyers are
formal decorum before all courts,
tribunals, and other government
expected to adhere to strict ethical standards,
agencies. including observing formal decorum before all
courts, tribunals, and other government agencies.
A lawyer’s attire shall be consistent with This requirement is intended to ensure that lawyers
the dignity of the court, tribunal or other conduct themselves in a professional manner at all
government agency, with due respect to
 times.

While observing formal decorum is important for all

lawyers, it is especially critical for those who
practice in high-stakes areas such as criminal law or
corporate litigation. In these cases, even small
mistakes can have significant consequences for
clients.

Overall, the requirement that lawyers observe formal

decorum before all courts, tribunals, and other
government agencies helps to ensure that the legal
profession remains respected and trusted by society
at large.
the person’s sexual orientation, gender
identity, and gender expression.
SECTION 8. Prohibition against This principle is essential in ensuring that justice is
misleading the court, tribunal, or other served fairly and impartially. Lawyers have a
government agency. — A lawyer shall
not misquote, misrepresent, or mislead
responsibility to present their cases truthfully,
the court as to the existence or the without exaggeration or distortion. Misquoting,
contents of any document, argument, misrepresenting, or misleading the court can lead to
evidence, law, or other legal authority, or serious consequences such as loss of credibility and
pass off as one’s own the ideas or words even disbarment.
of another, or assert as a fact that which
has not been proven.
The importance of this principle cannot be
overstated. It ensures that lawyers maintain their
professional standards and uphold their ethical
obligations. It also helps to maintain public trust in
the legal system.
SECTION 9. Obstructing access to One of these standards is that a lawyer shall not
evidence or altering, destroying, or obstruct another lawyer's access to evidence during
concealing evidence. — A lawyer shall
not obstruct another lawyer’s access to
trial, including testimonial evidence. This rule is
evidence during trial, including essential for ensuring that justice is served and that
testimonial evidence, or alter, destroy, or all parties have a fair chance to present their case.
conceal evidence.
Obstructing another lawyer's access to evidence can
take many forms, such as withholding documents or
refusing to allow witnesses to testify. Such actions
can be detrimental to the opposing party's case and
may even result in an unfair verdict.

It is important for lawyers to remember that they

have a duty not only to their clients but also to the
legal system as a whole. By following this ethical
standard, lawyers can ensure that trials are
conducted fairly and impartially.

SECTION 10. Conduct in the When presenting a witness, lawyers must be truthful
presentation of a witness. — A lawyer and accurate in their questioning, avoiding any
shall avoid all forms of impropriety when
presenting or confronting a witness.
attempts to mislead or manipulate the witness.
Similarly, when confronting a witness, they must do
A lawyer shall not coach, abuse, so with respect and professionalism, refraining from
discriminate against, or harass any any behavior that could be seen as intimidating or
witness, in or out of the court, tribunal, or coercive.
other government agency, or talk to a
witness during a break or recess in the
trial, while a witness is still under
examination. Neither shall a lawyer
direct, assist, or abet any
misrepresentation or falsehood by a
witness.
SECTION 11. False representations or Lawyers have a duty to be truthful and honest in
statements; duty to correct. — A lawyer their dealings with clients, opposing counsel, and the
shall not make false representations or
statements. A lawyer shall be liable for
court. Making false representations or statements not
any material damage caused by such only undermines the integrity of the legal system but
false representations or statements. also damages the reputation of the lawyer involved.
A lawyer shall not, in demand letters or
other similar correspondence, make A lawyer who makes false representations or
false representations or statements, or
impute civil, criminal, or administrative statements can face serious consequences, including
liability, without factual or legal basis. disciplinary action by their state bar association,
disbarment, or even criminal charges. Therefore, it
A lawyer shall correct false or inaccurate is essential for lawyers to maintain high ethical
statements and information made in standards and always act with integrity.
relation to an application for admission
to the bar, any pleading, or any other
document required by or submitted to
the court, tribunal or agency, as soon as
its falsity or inaccuracy is discovered or
made known to him or her.
SECTION 12. Duty to report dishonest, This duty is not only a moral obligation but also a
deceitful or misleading conduct. — A legal requirement. Failure to report such activities
lawyer shall immediately inform a court,
tribunal, or other government agency of
can lead to serious consequences, including
any dishonest, deceitful or misleading disciplinary action, loss of license, and even
conduct related to a matter being criminal charges.
handled by said lawyer before such
court, tribunal, or other government Reporting unlawful activities helps maintain the
agency.
integrity of the legal system and ensures that justice
A lawyer shall also report to the is served. It also protects clients from being involved
appropriate authority any transaction or in illegal transactions or activities that could harm
unlawful activity that is required to be their reputation or financial well-being.
reported under relevant laws, including
the submission of covered and
suspicious transactions under regulatory
laws, such as those concerning anti-
money laundering. When disclosing or
reporting the foregoing information to the
appropriate court, tribunal, or other
government agency, the lawyer shall not
be deemed to have violated the lawyer’s
duty of confidentiality.

Any such information shall be treated

with strict confidentiality.
A baseless report shall be subject to
civil, criminal, or administrative action.
SECTION 13. Imputation of a This rule is essential because it ensures that lawyers
misconduct, impropriety, or crime do not engage in baseless accusations or slander
without basis. — A lawyer shall not,
directly or indirectly, impute to or accuse
against their colleagues. It also helps to maintain the
another lawyer of a misconduct, integrity and reputation of the legal profession as a
impropriety, or a crime in the absence of whole.
factual or legal basis.
When a lawyer makes an accusation against another
Neither shall a lawyer, directly or
indirectly, file or cause to be filed, or lawyer, they must have concrete evidence to back up
assist in the filing of frivolous or their claim. Failure to do so can result in serious
baseless administrative, civil, or criminal consequences, including disciplinary action by
complaints against another lawyer. regulatory bodies or even lawsuits for defamation.

SECTION 14. Remedy for grievances; It allows lawyers to hold those in positions of power
insinuation of improper motive. — A accountable for any misconduct or malpractice. It
lawyer shall submit grievances against
any officer of a court, tribunal, or other
ensures that officers are held responsible for their
government agency only through the actions and that justice is not compromised due to
appropriate remedy and before the corrupt practices.
proper authorities.
Submitting grievances against officers also helps
Statements insinuating improper motive
on the part of any such officer, which are maintain public trust and confidence in the legal
not supported by substantial evidence, system. It sends a clear message that no one is above
shall be ground for disciplinary action. the law, and that even those who enforce it must
adhere to its principles.

SECTION 15. Improper claim of This principle is essential because it ensures that
influence or familiarity. — A lawyer shall lawyers do not abuse their position or use their
observe propriety in all dealings with
officers and personnel of any court,
influence to gain an unfair advantage over others.
tribunal, or other government agency, Making such claims can undermine the integrity of
whether personal or professional. the legal system and erode public trust in the legal
Familiarity with such officers and profession.
personnel that will give rise to an
appearance of impropriety, influence, or
favor shall be avoided. Moreover, this principle also ensures that justice is
served impartially and without bias. If lawyers were
A lawyer shall not make claims of power, allowed to make claims of power or influence, it
influence, or relationship with any officer could lead to a situation where some individuals
of a court, tribunal, or other government receive preferential treatment while others are
agency.
denied justice.

SECTION 16. Duty to report life- The concept of reporting a life-threatening situation
threatening situations. — A lawyer who to authorities is an ethical and legal obligation for
has reasonable grounds to believe that a
life-threatening situation is likely to
lawyers. However, there are different opinions on
develop in relation to any proceeding in the matter. Some lawyers believe that they should
any court, tribunal, or other government report any such situation immediately, while others
agency shall immediately report the may hesitate or delay reporting.
same to the proper authorities.
On one hand, lawyers who believe in immediate
reporting argue that it is their duty to protect the
public from harm. They believe that by reporting a
life-threatening situation, they can prevent further
damage and save lives. On the other hand, some
lawyers may feel conflicted about reporting because
of confidentiality concerns or fear of retaliation.
SECTION 17. Non-solicitation and This rule is designed to prevent lawyers from
impermissible advertisement. — A engaging in unethical and potentially harmful
lawyer shall not, directly or indirectly,
solicit, or appear to solicit, legal
practices such as ambulance chasing. The rule also
business. aims to protect clients from being pressured into
hiring a lawyer they may not need or want.
A lawyer shall not, directly or indirectly,
advertise legal services on any platform However, some argue that this rule can be overly
or media except with the use of
dignified, verifiable, and factual restrictive and limit a lawyer’s ability to market
information, including biographical data, themselves and their services. While direct
contact details, fields of practice,
services offered, and the like, so as to solicitation is prohibited, lawyers are still allowed to
allow a potential client to make an
informed choice. In no case shall the advertise their services through various means such
permissible advertisement be self- as websites, social media, and print ads.
laudatory.
On one hand, this rule helps to ensure that lawyers
A lawyer, law firm, or any of their are not using their professional status to promote
representatives shall not pay or give any
benefit or consideration to any media themselves or their services in an inappropriate
practitioner, award-giving body, manner. This can help to maintain public trust and
professional organization, or personality, confidence in the legal system, as well as prevent
in anticipation of, or in return for, lawyers from engaging in unethical or illegal
publicity or recognition, to attract legal activities.
representation, service, or retainership.
SECTION 18. Prohibition against self- In the legal profession, it is common for lawyers to
promotion. — A lawyer shall not make use their past cases as a means of self-promotion.
public appearances and statements in
relation to a terminated case or legal
However, there is a fine line between promoting
matter for the purpose of self-promotion, oneself and violating ethical standards. One such
self- aggrandizement, or to seek public violation is making public appearances related to a
sympathy. terminated case.

On one hand, some argue that lawyers have a duty to

promote themselves and their services. They may
argue that by discussing past cases in public, they
are demonstrating their expertise and building trust
with potential clients. On the other hand, making
public appearances related to terminated cases can
be seen as unprofessional and unethical.

By discussing details of a terminated case in public,

lawyers risk breaching client confidentiality and
damaging their reputation. Additionally, it can be
seen as an attempt to exploit the emotions of those
involved in the case for personal gain.
SECTION 19. Sub-judice rule. — A This rule helps to maintain the impartiality of the
lawyer shall not use any forum or legal system. It ensures that jurors and judges are
medium to comment or publicize opinion not influenced by outside opinions and can make
pertaining to a pending proceeding
before any court, tribunal, or other
decisions based solely on the evidence presented in
government agency that may: court. Additionally, it prevents lawyers from using
their position to sway public opinion and potentially
(a) cause a pre-judgment, or prejudice a jury.
(b) sway public perception so as to
impede, obstruct, or influence the On the other hand, some argue that this rule
decision of such court, tribunal, or other infringes on free speech rights and limits
government agency, or which tends to transparency in the legal system. Lawyers may have
tarnish the court’s or tribunal’s integrity, valuable insights or information about a case that
or could benefit the public if shared responsibly.
(c) impute improper motives against any
of its members, or

(d) create a widespread perception of

guilt or innocence before a final
decision.
SECTION 20. Disclosure of relationship One way to ensure transparency is by formally
or connection. — A lawyer shall, at the disclosing on record the lawyer's relationship to the
first available opportunity, formally
disclose on record the lawyer’s
presiding officer. This practice is common in
relationship or connection with the courtrooms and other legal proceedings.
presiding officer of any court, tribunal, or
other government agency, or any of its When a lawyer discloses their relationship to the
personnel, or the lawyer’s partners, presiding officer, they are acknowledging any
associates, or clients, that may serve as
a ground for mandatory inhibition in any potential biases or conflicts of interest that may arise
pending proceeding before such court, during the case. This allows both parties to make
tribunal, or other government agency. informed decisions about how to proceed with the
case and ensures fairness in the legal process.

On the other hand, failing to disclose this

information can lead to accusations of bias or unfair
treatment. It can also damage a lawyer's reputation
and credibility in court.
SECTION 21. Prohibition against gift- One such standard is that lawyers are not allowed to
giving and donations. — A lawyer shall give gifts of any value or sort on occasions in any
not directly or indirectly give gifts,
donations, contributions of any value or
court. This rule is put in place to ensure that there is
sort, on any occasion, to any court, no conflict of interest or bias towards a particular
tribunal or government agency, or any of party.
its officers and personnel.
On the one hand, this rule ensures that lawyers
maintain their impartiality and objectivity when
representing their clients. It prevents them from
being swayed by gifts or favors from either party,
which could compromise their ability to provide fair
representation.

But, some argue that this rule can be too restrictive

and may prevent lawyers from showing appreciation
for judges or court staff who have gone above and
beyond in their duties. However, it is important to
remember that the integrity of the legal system must
always come first, and any actions that could
undermine it must be avoided at all costs.
SECTION 22. No undue advantage of This principle ensures that lawyers do not exploit
ignorance of the law. — A lawyer shall their clients' ignorance for their own benefit. It also
not take advantage of a non-lawyer’s
lack of education or knowledge of the
establishes a level playing field between lawyers and
law. non-lawyers, promoting fairness and justice.

In contrast, some unethical lawyers may take

advantage of their clients' lack of legal knowledge to
manipulate them into making decisions that are not
in their best interests. They may use complex legal
jargon to confuse and intimidate their clients, or they
may withhold important information to gain an
advantage in negotiations.
 Therefore, it is crucial for lawyers to uphold this
ethical principle by providing clear and concise
explanations of legal matters to their clients. They
should also ensure that their clients fully understand
the implications of any decisions they make.
SECTION 23. Instituting multiple cases; Forum shopping is a practice where a lawyer seeks
forum shopping. — A lawyer shall not to file a case in a court that is likely to provide the
knowingly engage or through gross
negligence in forum shopping, which
most favorable outcome for their client. However,
offends against the administration of engaging in forum shopping through gross
justice, and is a falsehood foisted upon negligence offends against justice and can lead to
the court, tribunal, or other government ethical violations.
agency.

A lawyer shall not institute or advise theOn the one hand, lawyers who engage in forum
client to institute multiple cases to gainshopping through gross negligence prioritize their
leverage in a case, to harass a party, to client's interests over justice. They may manipulate
delay the proceedings, or to increase the the legal system by filing cases in courts that are
cost of litigation. biased towards their clients, even if it means
ignoring the principles of fairness and impartiality.
This approach can undermine public trust in the
legal profession and damage its reputation.
SECTION 24. Encroaching or interfering This principle requires lawyers to avoid any actions
in another lawyer’s engagement; that may interfere with the professional duties of
exception. — A lawyer shall not, directly
or indirectly, encroach upon or interfere
other professionals, such as doctors, accountants,
in the professional engagement of and engineers.
another lawyer.
In contrast to this principle, some lawyers may
This includes a lawyer’s attempt to choose to engage in activities that could be seen as
communicate, negotiate, or deal with the
person represented by another lawyer encroaching on the work of other professionals. For
on any matter, whether pending or not in example, a lawyer who represents a client in a
any court, tribunal, body, or agency, medical malpractice case may need to consult with
unless when initiated by the client or medical experts to build their case. However, if the
with the knowledge of the latter’s lawyer. lawyer attempts to diagnose or treat the patient
A lawyer, however, may give proper
advice and assistance to anyone themselves, they would be violating this ethical
seeking relief against perceived
unfaithful or neglectful counsel based on principle.
the Code.

SECTION 25. Responsibility of a solo Lawyers in solo practice are often responsible for
practitioner. — A lawyer in solo practice ensuring that all matters requiring their professional
shall ensure that all matters requiring
such lawyer’s professional skill and
skill are competently addressed. This is a crucial
judgment are promptly and competently aspect of their job, as it ensures that clients receive
addressed. the best possible legal representation and advice.

One key difference between lawyers in solo practice

and those who work for larger firms is the level of
autonomy they have. Lawyers in solo practice are
typically responsible for managing all aspects of
their business, including client intake, billing, and
marketing. This can be both challenging and
rewarding, as it allows them to build strong
relationships with clients while also maintaining
control over their own career.
SECTION 26. Definition of a law firm; A law firm is a private office, partnership,
choice of firm name. — A law firm is any association, exclusively comprised of lawyers
private office, partnership, or
association, exclusively comprised of a
practicing law. There are several similarities and
lawyer or lawyers engaged to practice differences between these types of law firms.
law, and who hold themselves out as
such to the public. One similarity is that they all provide legal services
to clients. They also have a similar structure in terms
In the choice of a firm name, no false,
misleading, or assumed name shall be of hierarchy and management. In addition, they all
used. The continued use of the name of require their lawyers to be licensed and adhere to
a deceased, incapacitated, or retired ethical standards.
partner is permissible provided that the
firm indicates in all its communications
that said partner is deceased,
incapacitated, or retired.
SECTION 27. Partner who assumes When a partner assumes public office, it is common
public office. — When a partner practice for them to withdraw from the firm and be
assumes public office, such partner shall
withdraw from the firm and such
removed from any involvement in the firm's affairs.
partner’s name shall be removed from This is done to avoid any potential conflicts of
the firm name, unless allowed by law to interest that may arise between their duties as a
practice concurrently. public official and their responsibilities as a partner
in the firm.

The main difference between being a partner in a

firm and holding public office is the level of
accountability. As a partner, one is accountable to
their clients and colleagues, while as a public
official, one is accountable to the general public.
Therefore, it becomes imperative for partners who
assume public office to maintain an impartial stance
and avoid any actions that may be perceived as
favoritism towards their former firm.
SECTION 28. Dignified government This means that they must adhere to the guidelines
service. — Lawyers in government set forth by the CPRA when handling public records
service shall observe the standard of
conduct under the CPRA, the Code of
requests. The purpose of this requirement is to
Conduct and Ethical Standards for ensure transparency and accountability in
Public Officials and Employees, and government operations.
other related laws and issuances in the
performance of their duties. On the one hand, lawyers in government service
Any violation of the CPRA by lawyers in who adhere to the standard of conduct under the
government service shall be subject to CPRA are held to a higher level of accountability
disciplinary action, separate and distinct than those who do not. They are required to be
from liability under pertinent laws or transparent and honest in their dealings with public
rules. records, which helps to build trust between citizens
and their government.
SECTION 29. Lawyers formerly in A lawyer who left government and does not engage
government service. — A lawyer who in practice to any matter related to the office used to
has left government service shall not
engage in private practice pertaining to
work is a unique situation that can be compared and
any matter before the office where he or contrasted. On one hand, leaving government can
she used to be connected within a provide an opportunity for lawyers to explore other
period of one (1) year from his or her
separation from such office. Justices,
areas of law or even pursue non-legal careers.
judges, clerks of court, city, provincial, However, not engaging in any matters related to the
and regional prosecutors shall not office they used to work for can limit their potential
appear before any court within the clients and opportunities.
territorial jurisdiction where they
previously served within the same
period. In terms of similarities, both situations involve a
lawyer leaving their previous job or career path.
After leaving government service, a Additionally, both situations require the lawyer to
lawyer shall not accept an engagement adapt to new environments and potentially learn new
which could improperly influence the skills.
outcome of the proceedings which the
lawyer handled or intervened in, or over
which the lawyer previously exercised
authority, while in said service.
SECTION 30. No financial interest in This is because it goes against the principles of
transactions; no gifts. — A lawyer in impartiality and fairness that are essential to the
government shall not, directly or
indirectly, promote or advance his or her
proper functioning of government.
private or financial interest or that of
another, in any transaction requiring the When lawyers in government use their positions to
approval of his or her office. Neither promote their financial interests, they undermine
shall such lawyer solicit gifts or receive public trust in the integrity of the legal system. They
anything of value in relation to such
interest. also create conflicts of interest that can compromise
their ability to make objective decisions.
Such lawyer in government shall not
give anything of value to, or otherwise Furthermore, when lawyers in government prioritize
unduly favor, any person transacting their financial interests over the public good, they
with his or her office, with the
expectation of any benefit in return. risk damaging the reputation of the legal profession
as a whole. This can lead to a loss of confidence in
lawyers and a decline in respect for the rule of law.
SECTION 31. Prosecution of criminal The duty of a public prosecutor is not to convict but
cases. — The primary duty of a public to see that justice is done. This statement holds true
prosecutor is not to convict but to see
that justice is done.
as the primary responsibility of a prosecutor is to
 ensure that the guilty are punished and the innocent
Suppressing facts, concealing of, are acquitted. The role of a prosecutor is not to win
tampering with or destroying evidence,
coaching a witness, or offering false
at any cost, but rather to uphold the law and protect
testimony is cause for disciplinary society.
action.
A prosecutor must act with integrity, impartiality,
The obligations of a public prosecutor and fairness in all cases. They must consider all
shall also be imposed upon lawyers in
private practice who are authorized to evidence presented before them and make an
prosecute under the direct supervision informed decision based on facts rather than
and control of the public prosecutor. emotions or personal beliefs. A prosecutor who
seeks only convictions without regard for justice
undermines the very foundation of our legal system.
SECTION 32. Lawyers in the academe. As leaders in their respective institutions, deans
— A lawyer serving as a dean, have a responsibility to uphold the integrity of the
administrative officer, or faculty member
of an educational institution shall at all
legal profession. They must ensure that their
times adhere to the standards of students are taught not only the technical skills
behavior required of members of the needed to practice law but also the importance of
legal profession under the CPRA, ethical conduct.
observing propriety, respectability, and
decorum inside and outside the
classroom, and in all media. Furthermore, deans who fail to adhere to these
standards risk damaging their own reputation and
that of their institution. This can lead to a loss of
trust among students, faculty, and alumni.
SECTION 33. Conflict of interest for One such standard is the requirement to disclose any
lawyers in the academe. — A lawyer adverse interest of a client to the institution. This
serving as a dean, administrative officer,
or faculty member of an educational
means that if a lawyer has any personal or financial
institution shall disclose to the institution interest in a case, they must inform their institution
any adverse interest of a client. and take necessary steps to avoid any conflict of
interest.
Upon discovery of any adverse interest
of the lawyer’s client which directly
affects any student who is under his or In contrast, lawyers who do not adhere to this
her direct supervision and guidance, the standard may risk facing disciplinary action or even
lawyer shall likewise disclose the same losing their license. This is because failing to
to the institution.
disclose an adverse interest can compromise the
integrity of the legal system and undermine public
trust in lawyers.
SECTION 34. Paralegal services; A paralegal who performs tasks that require
lawyer’s responsibility. — A paralegal is familiarity with legal concepts is employed in a law
one who performs tasks that require
familiarity with legal concepts, employed
firm to assist lawyers in various aspects of their
or retained by a lawyer, law office, work. The primary responsibility of a paralegal is to
corporation, governmental agency, or provide support to attorneys by conducting research,
other entity for non-diagnostic and non- drafting legal documents, and managing case files.
advisory work in relation to legal matters
delegated by such lawyer, law office,
corporation, governmental agency, or One key difference between paralegals and lawyers
other entity. is the level of education required for each
profession. While lawyers must complete a law
A lawyer must direct or supervise a degree and pass the bar exam, paralegals typically
paralegal in the performance of the have an associate's or bachelor's degree in paralegal
latter’s delegated duties.
studies or a related field. Additionally, while
The lawyer’s duty of confidentiality shall lawyers can represent clients in court, paralegals
also extend to the services rendered by cannot.
the paralegal, who is equally bound to
keep the privilege.
SECTION 35. Non-delegable legal In law, for instance, lawyers are required to disclose
tasks. — A lawyer shall not delegate to any conflicts of interest that may arise when
or permit a non-lawyer, including a
paralegal, to:
representing clients. This ensures that the lawyer's
judgment is not compromised by personal interests
(a) accept cases on behalf of the lawyer; or biases. Similarly, financial advisors are required
to disclose any potential conflicts of interest when
(b) give legal advice or opinion; recommending investment options to their clients.

(c) act independently without the

lawyer’s supervision or direction; However, there are also differences in how this
requirement is applied across professions. For
(d) to hold himself or herself out as a example, while lawyers must always prioritize their
lawyer, or be named in association with clients' interests over their own, financial advisors
a lawyer in any pleading or submission
may have more leeway in balancing their own
to any court, tribunal, or other
government agency; interests with those of their clients.
(e) appear in any court, tribunal, or other
government agency, or actively
participate in formal legal proceedings
on behalf of a client, except when
allowed by the law or rules;

(f) conduct negotiations with third parties

unless allowed in administrative
agencies, without a lawyer’s supervision
or direction;

(g) sign correspondence containing a

legal opinion;

(h) perform any of the duties that only

lawyers may undertake.

These provisions shall not apply to law

student practitioners under Rule 138-A
of the Rules of Court.
RESPONSIBLE USE OF SOCIAL
MEDIA

A lawyer shall uphold the dignity of the

legal profession in all social media
interactions in a manner that enhances
the people’s confidence in the legal
system, as well as promote its
responsible use.
SECTION 36. Responsible use. — A
lawyer shall have the duty to understand
the benefits, risks, and ethical
implications associated with the use of
social media.
SECTION 37. Online posts. — A lawyer
shall ensure that his or her online posts,
whether made in a public or restricted
privacy setting that still holds an
audience, uphold the dignity of the legal
profession and shield it from disrepute,
as well as maintain respect for the law.
SECTION 38. Non-posting of false or
unverified statements, disinformation. —
A lawyer shall not knowingly or
maliciously post, share, upload or
otherwise disseminate false or unverified
statements, claims, or commit any other
act of disinformation.
SECTION 39. Prohibition against
fraudulent accounts. — A lawyer shall
not create, maintain or operate accounts
in social media to hide his or her identity
for the purpose of circumventing the law
or the provisions of the CPRA.
SECTION 40. Non-disclosure of
privileged information through online
posts. — A lawyer shall not reveal,
directly or indirectly, in his or her online
posts confidential information obtained
from a client or in the course of, or
emanating from, the representation,
except when allowed by law or the
CPRA.
SECTION 41. Duty to safeguard client
confidences in social media. — A
lawyer, who uses a social media
account to communicate with any other
person in relation to client confidences
and information, shall exert efforts to
prevent the inadvertent or unauthorized
disclosure or use of, or unauthorized
access to, such an account.
SECTION 42. Prohibition against
influence through social media. — A
lawyer shall not communicate, whether
directly or indirectly, with an officer of
any court, tribunal, or other government
 agency through social media to
influence the latter’s performance of
official duties.
SECTION 43. Legal information; legal
advice. — Pursuant to a lawyer’s duty to
society and the legal profession, a
lawyer may provide general legal
information, including in answer to
questions asked, at any fora, through
traditional or electronic means, in all
forms or types of mass or social media.

A lawyer who gives legal advice on a

specific set of facts as disclosed by a
potential client in such fora or media
dispenses Limited Legal Service and
shall be bound by all the duties in the
CPRA, in relation to such Limited Legal
Service.
SECTION 44. Online posts that could
violate conflict of interest. — A lawyer
shall exercise prudence in making posts
or comments in social media that could
violate the provisions on conflict of
interest under the CPRA.
CANON 3 - A LAWYER IN MAKING CANON III – FIDELITY
KNOWN HIS LEGAL SERVICES
SHALL USE ONLY TRUE, HONEST, Fidelity pertains to a lawyer’s duty to
FAIR, DIGNIFIED AND OBJECTIVE uphold the Constitution and the laws of
INFORMATION OR STATEMENT OF the land, to assist in the administration
FACTS. 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.
Rule 3.01 - A lawyer shall not use or SECTION 1. Practice of law. — The
permit the use of any false, fraudulent, practice of law is the rendition of legal
misleading, deceptive, undignified, self- service or performance of acts or the
laudatory or unfair statement or claim application of law, legal principles, and
regarding his qualifications or legal judgment, in or out of court, with regard
services. 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
Rule 3.02 - In the choice of a firm name, SECTION 2. The responsible and
no false, misleading or assumed name accountable lawyer. — A lawyer shall
shall be used. The continued use of the uphold the constitution, obey the laws of
name of a deceased partner is the land, promote respect for laws and
permissible provided that the firm legal processes, safeguard human
indicates in all its communications that rights, and at all times advance the
said partner is deceased. honor and integrity of the legal
profession.

As an officer of the court, a lawyer shall

uphold the rule of law and
conscientiously assist in the speedy and
efficient administration of justice.

As an advocate, a lawyer shall represent

the client with fidelity and zeal within the
bounds of the law and the CPRA.
Rule 3.03 - Where a partner accepts SECTION 3. Lawyer-client relationship.
public office, he shall withdrawal from — A lawyer-client relationship is of the
the firm and his name shall be dropped highest fiduciary character. As a trust
from the firm name unless the law relation, it is essential that the
allows him to practice law currently. engagement is founded on the
confidence reposed by the client on the
lawyer. Therefore, a lawyer-client
relationship shall arise when the client
consciously, voluntarily and in good faith
vests a lawyer with the client’s
confidence for the purpose of rendering
legal services such as providing legal
advice or representation, and the lawyer,
whether expressly or impliedly, agrees
to render such services.
Rule 3.04 - A lawyer shall not pay or SECTION 4. Authority of lawyer to bind
give anything of value to representatives client. — A lawyer can bind a client in a
of the mass media in anticipation of, or legal engagement only when so
in return for, publicity to attract legal authorized through a written agreement.
business.
The lawyer, however, cannot
compromise a client’s litigation, or
receive anything in discharge of a
client’s claim, without a special power of
attorney for such purpose.
SECTION 5. Authority of lawyer to
appear. — A lawyer is presumed to be
properly authorized to represent any
cause in which he or she appears, and
no written power of attorney is required
to authorize him or her to appear in court
for the client.

The court, tribunal, or other government

agency may, on its own initiative or on
motion of either party, on just cause,
require a lawyer to produce or prove the
authority to appear on behalf of the
client.
SECTION 6. Fiduciary duty of a lawyer.
— A lawyer shall be mindful of the trust
and confidence reposed by the client.

To this end, a lawyer shall not abuse or

exploit the relationship with a client.
SECTION 7. Prohibition against
frivolous suits and abuse of court
processes. — A lawyer shall not:

(a) file or encourage the filing of any suit

or proceeding not authorized by law or
jurisprudence and without any
evidentiary support;

(b) unduly impede the execution of an

order or judgment which is warranted; or

(c) abuse court processes.

SECTION 8. Lawyer’s duty to
encourage settlement. — A lawyer shall
encourage the client to avoid, end or
settle a controversy, whether pending or
not, in order to reach a settlement or a
compromise if the matter can be
compromised under the law and will
admit of a fair settlement.

To this end, the lawyer shall actively

assist the parties and the court, tribunal,
or other government agency to effect
mediation and/or dispute resolution.
SECTION 9. Duty to call client to rectify
fraudulent act. — A lawyer who receives
information that a client has, in the
course of the representation,
perpetrated a fraud in relation to any
matter subject of the representation
before a court, tribunal, or other
government agency, or against any
officer thereof, shall promptly call upon
the client to rectify the same. Such
fraudulent act on the part of the client
shall be a ground for the termination by
the lawyer of the engagement.
SECTION 10. Responsibility over a
subordinate lawyer, paralegal, or
employee. — A lawyer or law firm shall
be responsible for the mistakes,
negligence, and/or acts or omissions of
a subordinate lawyer, paralegal, or
employee under the lawyer’s direct
supervision and control, who is acting
within the scope of the assigned tasks,
that cause damage or injury which
brings dishonor to the profession or
violates the rule on confidentiality.

However, such liability of the supervising

lawyer does not attach upon proof of
exercise of diligence of a good parent of
a family in the selection and supervision
of subordinate lawyer, paralegal, or
employee.
SECTION 11. Responsibility of a
supervisory lawyer over a supervised
lawyer. — A supervisory lawyer shall co-
sign a pleading or other submission to
any court, tribunal, or other government
agency with a supervised lawyer. A
supervisory lawyer shall be responsible
for a violation of the CPRA by the
supervised lawyer in any of the following
instances:

(a) the supervisory lawyer orders or

directs the specific conduct or, with
knowledge of the specific conduct,
ratifies it; or

(b) the supervisory lawyer knows of such

conduct at a time when it could be
prevented or its consequences avoided
or mitigated, but fails to take reasonable
remedial action; or

(c) the supervisory lawyer should have

known of the conduct so that reasonable
remedial action could have been taken
at a time when the consequences of the
conduct could have been avoided or
mitigated.

A supervisory lawyer is a lawyer having

direct supervisory authority over another
lawyer, including a supervising lawyer
under Rule 138-A of the Rules of Court.
SECTION 12. Responsibilities of a
supervised lawyer. — A supervised
lawyer acting under the direction of the
supervising lawyer, managing partner, or
other partners of the firm is nevertheless
bound by the CPRA.
SECTION 13. Conflict of interest. — A
lawyer shall not represent conflicting
interests except by written informed
consent of all concerned given after a
full disclosure of the facts.

There is conflict of interest when a

lawyer represents inconsistent or
opposing interests of two or more
persons. The test is whether in behalf of
one client it is the lawyer’s duty to fight
for an issue or claim, but which is his or
her duty to oppose for the other client.
SECTION 14. Prohibition against
conflict- of-interest representation;
current clients. — In relation to current
clients, the following rules shall be
observed:

(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:

(1) it is shown that 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 another independent lawyer on
the transaction; and

(3) the client gives written informed

consent 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.

(b) A lawyer shall not use confidential

information relating to representation of
a client without the client’s written
informed consent, except as permitted
or required by law or the CPRA.

(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.

(d) Unless with the written informed

consent of the client and subject to the
application of the sub judice rule, 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.

(e) A lawyer shall not accept

compensation for representing a client
from any person other than the client,
unless:
(1) the client gives written informed
consent;

(2) there is no interference with the

lawyer’s independence or professional
judgment or with the lawyer-client
relationship; or

(3) the information relating to

representation of a client is protected as
required by the rule on privileged
communication.

(f) A lawyer, who represents two or more

clients in the same case, in case there is
a settlement or plea-bargaining, shall
disclose to all the clients the existence
and nature of all the claims or pleas
involved and the participation of each
client in the settlement or plea-
bargaining.

(g) A lawyer shall avoid testifying in

behalf of the client, except:

(1) on formal matters, such as the

mailing, authentication or custody of an
instrument, and the like; or

(2) on substantial matters, in cases

where the testimony is essential to the
ends of justice, in which event the
lawyer must, during the testimony,
entrust the trial of the case to another
counsel.
SECTION 15. Conflict of interest of a
lawyer hired by a law firm. — When a
lawyer joins a law firm, it shall be the
duty of the lawyer to disclose to the law
firm, at the earliest possible opportunity,
his or her previous clients that may have
a potential conflict of interest with the
current clients of the law firm. If there is
a potential conflict of interest, the lawyer
shall not act on the case or cases of the
affected current client.
SECTION 16. Prohibition against dating,
romantic or sexual relations with a
client. — A lawyer shall not have dating,
romantic, or sexual relations with a client
during the engagement, unless the
consensual relationship existed between
them before the lawyer-client
relationship commenced.
SECTION 17. Prohibition against
conflict-of- interest representation;
prospective clients. — In relation to
prospective clients, the following rules
shall be observed:

(a) A lawyer shall, at the earliest

opportunity, ascertain the existence of
any conflict of interest between a
prospective client and current clients,
and immediately disclose the same if
found to exist.

In case of an objection by either the

prospective or current client, the lawyer
shall not accept the new engagement.

(b) A lawyer shall maintain the private

confidences of a prospective client even
if no engagement materializes, and shall
not use any such information to further
his or her own interest, or the interest of
any current client.
SECTION 18. Prohibition against
conflict- of-interest representation;
former clients. — In relation to former
clients, the following rules shall be
observed:

(a) A lawyer shall maintain the private

confidences of a former client even after
the termination of the engagement,
except upon the written informed
consent of the former client, or as
otherwise allowed under the CPRA or
other applicable laws or regulations, or
when the information has become
generally known.

(b) A lawyer shall not use information

relating to the former representation,
except as the CPRA or applicable laws
and regulations would permit or require
with respect to a current or prospective
client, or when the information has
become generally known.

(c) Unless the former client gives written

informed consent, a lawyer who has
represented such client in a legal matter
shall not thereafter represent a
prospective client in the same or related
legal matter, where the prospective
client’s interests are materially adverse
to the former client’s interests.
SECTION 19. Corporate lawyers;
conflict of 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.

A lawyer for a corporation or other

organization, who is also a member of
its board of directors or trustees, shall
determine whether the responsibilities of
the two roles may conflict. In the event
of the latter, the lawyer shall disclose the
conflict of interest to all concerned
parties.
SECTION 20. Legal services
organization; conflict of interest. — A
legal services organization is any private
organization, including a legal aid clinic,
partnership, association, or corporation,
whose primary purpose is to provide free
legal services.

A lawyer-client relationship shall arise

only between the client and the handling
lawyers of the legal services
organization. All the lawyers of the legal
services organization who participated in
the handling of a legal matter shall be
covered by the rule on conflict of interest
and confidentiality.
SECTION 21. Lawyers in government
service; conflict of interest. — A lawyer
currently serving in the government shall
not practice law privately, unless
otherwise authorized by the Constitution,
the law or applicable Civil Service 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 represent an interest
adverse to the government.
SECTION 22. Public Attorney’s Office;
conflict of interest. — The Public
Attorney’s Office is the primary legal aid
service office of the government. In the
pursuit of its mandate under its charter,
the Public Attorney’s Office shall ensure
ready access to its services by the
marginalized sectors of society in a
manner that takes into consideration the
avoidance of potential conflict of interest
situations which will leave these
marginalized parties unassisted by
counsel.

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 disqualify the rest of the lawyers
from the Public Attorney’s Office from
representing the affected client, upon full
disclosure to the latter and written
informed consent.
SECTION 23. Amicus curiae. — A
lawyer shall not decline, without just
cause, a request by any court, tribunal,
or other government agency to act as
amicus curiae in any proceeding relating
to the lawyer’s expertise or field of
specialization.
SECTION 24. Active involvement in
legal education. — A lawyer shall keep
abreast of legal developments,
participate in continuing legal education
programs, and support efforts to achieve
standards of excellence in law schools
as well as in the practical training of law
students.

In addition, a lawyer shall assist the

Integrated Bar of the Philippines, law
schools, law alumni associations, law
associations, or civic organizations, in
educating the public on the law and
jurisprudence.

The IBP Chapters shall provide

supervising lawyers to the legal aid
clinics in their jurisdiction.
SECTION 25. Support for legal
internship, apprenticeship and training.
— To prepare the next generation of
lawyers for ethical practice, lawyers shall
support legal internship and
apprenticeship programs and accept law
students for training.

The lawyer shall treat the apprentices as

junior colleagues and future counsels,
and shall conscientiously supervise
them.
SECTION 26. Prompt payment of
membership dues. — A lawyer shall
promptly pay the annual membership
dues in the Integrated Bar of the
Philippines, unless expressly exempt
from such payment by law or rules.
SECTION 27. Confidentiality of
privileged communication. — A lawyer
shall maintain the confidences of the
client, and shall respect data privacy
laws. The duty of confidentiality shall
continue even after the termination of
the lawyer- client engagement.
SECTION 28. Protecting client
confidences. — A lawyer shall not reveal
the confidences of the client, including
data from the client’s files, except;

(a) When a written informed consent is

obtained from the client;
(b) When required by law, such as anti-
money laundering statutes, or the Rules
of Court;

(c) To the extent necessary, to collect

the lawyer’s fees;

(d) In defense of the lawyer, or the

lawyer’s employees or associates; or

(e) By judicial order, but only if material.

SECTION 29. Duty of confidentiality by
former lawyers of a law firm. — A lawyer
shall continue to be bound by the rule on
confidentiality pertaining to clients of his
or her previous law office or law firm.
SECTION 30. Duty of confidentiality of
members of a law firm. — A lawyer may
disclose the legal matters entrusted by a
client of the firm to the partners and
associates, as well as paralegals, legal
assistants, law clerks, legal researchers,
law interns, and other non-legal staff,
who are or will be involved in the
handling of the client’s account, unless
expressly prohibited by the client.

A lawyer directly entrusted with a client’s

confidences shall adopt necessary
measures to prevent other members of
the law firm, both legal and non-legal, to
whom the client’s confidences have
been shared, from disclosing or using
them, without the written informed
consent of the client.
SECTION 31. Prohibition against filial
disclosure. — A lawyer shall not discuss
a client’s confidences even with family
members.
SECTION 32. Non-disclosure of legal
consultation. — A lawyer shall not reveal
that he or she has been consulted about
a particular case except to avoid
possible conflict of interest.
SECTION 33. Foreign lawyers. —
Foreign lawyers cannot, directly or
indirectly, practice law in the Philippines.
SECTION 34. Active participation in the
development of the legal profession. —
A lawyer shall participate in the
development of the legal system by
initiating or supporting efforts in law
reform, the improvement of the
administration of justice, strengthening
the judicial and legal system, and
advocacies in areas of special concern
such as the environment, indigenous
peoples’ rights, human rights, access to
justice and good governance.
SECTION 35. Limited Legal Services.
— Limited Legal Services refer to
services for a specific legal incident, with
the expectation by the lawyer and the
client that the lawyer will not provide
continuing legal services in the matter.
This includes being appointed as
counsel de officio only for arraignment
purposes or special appearances to
make any court submission, to give
advice, to draft legal documents, to
provide legal assistance before courts or
administrative bodies, and the like.

In all instances, the lawyer shall state

that the service being rendered is in the
nature of Limited Legal Services.

A lawyer who renders Limited Legal

Services shall be entitled to
compensation as may be agreed upon
or provided by the Rules of Court.
SECTION 36. Pro bono Limited Legal
Services. — A lawyer appointed by the
court as counsel de oficio shall not
refuse to render Limited Legal Services
pro bono on the ground of conflict of
interest. Instead, the lawyer shall
disclose to all affected parties such
conflict of interest.

In any case, the lawyer may not refuse

to render such pro bono legal services to
the person concerned if only to the
extent necessary to safeguard the
latter’s fundamental rights and not to
deprive such person of remedies
available under the law or rules.

A lawyer currently serving in the

government shall not be exempt from
pro bono service and may be appointed
by any court, tribunal, or other
government agency as counsel de
officio, unless prohibited by law, or the
applicable Civil Service rules and
regulations, or when there is a conflict of
interest with government.
SECTION 37. Duty of confidentiality in
Limited Legal Services. — A lawyer who
provides Limited Legal Services must
protect the client’s private confidences to
the same extent as if engaged under
regular terms.
SECTION 38. Termination of Limited
Legal Services. — Unless governed by
Canon III, Section 36, a lawyer must
cease to provide Limited Legal Services
to a client when the lawyer becomes
aware that there may be an actual or
potential conflict of interest, except with
the written informed consent of the
client.

In all cases, the Limited Legal Services

terminates upon the completion of such
services.
SECTION 39. Limited Legal Services of
law student practitioners. — The Limited
Legal Services rendered by a law
student practitioner under the Clinical
Legal Education Program shall be
governed by the CPRA.
SECTION 40. Accountability of legal
clinic director and supervising lawyer. —
A law student clinic director and
supervising lawyer, under Rule 138-A of
the Rules of Court shall provide
meaningful training to law students.
They shall assume responsibility for any
work performed by the law student while
under their supervision and shall comply
with all the laws, rules, and guidelines
pertaining to Law Student Practice.
SECTION 41. Fair and reasonable fees.
— A lawyer shall charge only fair and
reasonable fees.

Attorney’s fees shall be deemed fair and

reasonable if determined based on the
following factors:

(a) The time spent and the extent of the

service rendered or required;

(b) The novelty and difficulty of the

issues involved;

(c) The skill or expertise of the lawyer,

including the level of study and
experience required for the engagement;
(d) The probability of losing other
engagements as a result of acceptance
of the case;

(e) The customary charges for similar

services and the recommended
schedule of fees, which the IBP chapter
shall provide;

(f) The quantitative or qualitative value of

the client’s interest in the engagement,
or the benefits resulting to the client from
the service;

(g) The contingency or certainty of

compensation;

(h) The character of the engagement,

whether limited, seasonal, or otherwise;
and

(i) Other analogous factors.

SECTION 42. Division of fees upon
referral. — A lawyer shall, in case of
referral of legal services in favor of
another lawyer with the written informed
consent of the client, be entitled to a
division of fees in proportion to the work
performed and responsibility assumed.

Where a lawyer undertakes to complete

unfinished legal business of a deceased
lawyer, a division or sharing of fees is
allowed with the deceased lawyer’s legal
heirs or estate.
SECTION 43. Non-Sharing of fees with
non- lawyers. — A lawyer shall not
share, split, or divide or stipulate to
divide, directly or indirectly, a fee for
legal services with persons or
organizations not licensed or authorized
to practice law.
SECTION 44. Payment of compensation
by third party. — A lawyer shall not
receive any fee, reward, costs,
commission, interest, rebate or
forwarding allowance or other
compensation from anyone other than
the client, except upon the written
informed consent of such client.

Receipt of compensation from someone

other than the client must not interfere
with the lawyer’s independence,
professional judgment, or the lawyer-
client relationship. Neither should
information relating to representation of
a client be disclosed in violation of the
rule on privileged communication.
SECTION 45. Prompt payment of legal
fees. — A lawyer is entitled to prompt
payment from the client of attorney’s
fees.

Absent an express agreement as to

professional fees, a lawyer is entitled to
be paid reasonable attorney’s fees in
accordance with Canon III, Section 41.
SECTION 46. Controversy over legal
fees. — A lawyer shall avoid any
controversy with a client concerning fees
for legal services and shall resort to
judicial action solely to prevent
imposition, injustice or fraud
SECTION 47. Enforcement of attorney’s
lien. — In case of non-payment of
attorney’s fees, a lawyer may resort to
the enforcement of the attorney’s lien
under Canon III, Section 54, by filing a
Notice of Enforcement of Attorney’s Lien
with the court, tribunal, or other
government agency of origin where the
action or proceeding the lawyer
rendered service for is pending, without
prejudice to other remedies under the
law or the Rules of Court. The Notice
shall be accompanied by proof of the
services rendered, and served on the
client. The court, tribunal, or other
government agency, after hearing, shall
determine the lawyer’s entitlement to the
claimed fees.

The enforcement of an attorney’s lien

shall be treated as an independent claim
and shall in no instance delay the
resolution of the main case. The
resolution of the lawyer’s claim may be
included in the main judgment or in a
separate partial judgment. In the case of
a partial judgment, the same shall be
subject of appeal.

An appeal in the main case shall not

stay the execution of the lawyer’s lien. In
the execution of the judgment in the
main case, the court shall give due
consideration to the pending claim of the
lawyer.

If the claim for attorney’s lien arises after

a decision has been rendered by the
court, 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 48. Compensation for
counsel de oficio. — Subject to
availability of funds as may be provided
by law, the court may, in its discretion,
order a lawyer engaged as counsel de
officio to be compensated in such sum
as the court may fix following Canon III,
Section 41, provided that it is not
covered by the provision on Limited
Legal Services.
SECTION 49. Accounting during
engagement. — A lawyer, during the
existence of the lawyer- client
relationship, shall account for and
prepare an inventory of any fund or
property belonging to the client, whether
received from the latter or from a third
person, immediately upon such receipt.

When funds are entrusted to a lawyer by

a client for a specific purpose, the lawyer
shall use such funds only for the client’s
declared purpose. Any unused amount
of the entrusted funds shall be promptly
returned to the client upon
accomplishment of the stated purpose or
the client’s demand.
SECTION 50. Separate funds. — A
lawyer shall keep the funds of the clients
separate and apart from his or her own
and those of others kept by the lawyer.
SECTION 51. Prohibition against
acquiring interest in object of litigation or
transaction. — A lawyer shall not
acquire, directly or indirectly, a
proprietary interest in the property or
rights which is the object of any litigation
or transaction in which the lawyer may
take part by virtue of the profession.
SECTION 52. Prohibition on lending and
borrowing; exceptions. — During the
existence of the lawyer-client
relationship, a lawyer shall not lend
money to a client, except under urgent
and justifiable circumstances. Advances
for professional fees and necessary
expenses in a legal matter the lawyer is
handling for a client shall not be covered
by this rule.

Neither shall a lawyer borrow money

from a client during the existence of the
lawyer-client relationship, unless the
client’s interests are fully protected by
the nature of the case, or by
independent advice. This rule does not
apply to standard commercial
transactions for products or services that
the client offers to the public in general,
or where the lawyer and the client have
an existing or prior business
relationship, or where there is a contract
between the lawyer and the client.
SECTION 53. Termination of
engagement by the lawyer. — A lawyer
shall terminate the lawyer- client
engagement only for good cause and
upon written notice, in any of the
following cases:

(a) When the client pursues an illegal or

immoral course of conduct in connection
with the engagement;

(b) When the client insists that the

lawyer pursue conduct that is violative of
these Canons and rules;

(c) When the lawyer’s inability to work

with a co-counsel will not promote the
best interest of the client;
(d) When the moral predisposition or the
mental or physical condition of the
lawyer renders it difficult to carry out the
engagement effectively;

(e) When the client deliberately fails to

pay the fees for the lawyer’s services,
fails to comply with the retainer
agreement, or can no longer be found
despite diligent efforts;

(f) When the lawyer is elected or

appointed to public office;

(g) Other similar cases.

SECTION 54. Termination of
engagement by the client. — The
lawyer-client engagement may be
terminated by the client at any time upon
loss of trust and confidence.

The termination of the engagement shall

not relieve the client from full payment of
all professional fees due to the lawyer. If
the engagement has been reduced to
writing, the lawyer shall be entitled to
recover from the client the full
compensation stipulated, unless found
by the court, tribunal or other
government agency to be
unconscionable or unreasonable under
Canon III, Section 41 of the CPRA.

For the payment of the compensation,

the lawyer shall have a charging lien
upon all judgments for the payment of
money, and executions issued in
pursuance of such judgment, rendered
in the case where the lawyer’s services
had been retained by the client.
 SECTION 55. Termination of
engagement upon death. — The death
of the lawyer or client shall terminate the
lawyer-client relationship. The death of
such lawyer shall not extinguish the
lawyer-client engagement between the
law firm and the client handled by such
law firm.
SECTION 56. Accounting and turn over
upon termination of engagement. — A
lawyer who is discharged from or
terminates the engagement shall,
subject to an attorney’s lien, immediately
render a full account of and turn over all
documents, evidence, funds, and
properties belonging to the client.

The lawyer shall cooperate with the

chosen successor in the orderly transfer
of the legal matter, including all
information necessary for the efficient
handling of the client’s representation.

A lawyer shall have a lien upon the

funds, documents, and papers of the
client which have lawfully come into his
or her possession and may retain the
same until the fair and reasonable fees
and disbursements have been paid, and
may apply such funds to the satisfaction
thereof.
CANON 4 - A LAWYER SHALL CANON IV - COMPETENCE AND
PARTICIPATE IN THE DEVELOPMENT DILIGENCE
OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING A lawyer professionally handling a
EFFORTS IN LAW REFORM AND IN client’s cause shall, to the best of his or
THE IMPROVEMENT OF THE her ability, observe competence,
ADMINISTRATION OF JUSTICE. diligence, commitment, and skill
consistent with the fiduciary nature of
the lawyer-client relationship, regardless
of the nature of the legal matter or
issues involved, and whether for fee or
pro bono.
SECTION 1. Competent, efficient and
conscientious service. — A lawyer shall
provide legal service that is competent,
efficient, and conscientious. A lawyer
shall be thorough in research,
preparation, and application of the legal
knowledge and skills necessary for an
engagement.
SECTION 2. Undertaking legal services;
collaborating counsel. — A lawyer shall
only undertake legal services he or she
can deliver.

With the prior written consent of the

client, a lawyer may secure the services
of a collaborating counsel.
SECTION 3. Diligence and punctuality.
— A lawyer shall diligently and
seasonably act on any legal matter
entrusted by a client.

A lawyer shall be punctual in all

appearances, submissions of pleadings
and documents before any court,
tribunal or other government agency,
and all matters professionally referred by
the client, including meetings and other
commitments.
SECTION 4. Diligence in all
undertakings. — A lawyer shall observe
diligence in all professional
undertakings, and shall not cause or
occasion delay in any legal matter
before any court, tribunal, or other
agency.

A lawyer shall appear for trial adequately

familiar with the law, the facts of the
case, and the evidence to be presented.
A lawyer shall also be ready with the
object and documentary evidence, as
well as the judicial affidavits of the
witnesses, when required by the rules or
the court.
SECTION 5. Prompt and objective
assessment of the merits. — A lawyer
shall, after reasonable inquiry, promptly
give an objective assessment of the
merits and probable results of the
client’s case.

A lawyer shall explain the viable options

to the client to enable an informed
decision regarding the matter.
SECTION 6. Duty to update the client.
— A lawyer shall regularly inform the
client of the status and the result of the
matter undertaken, and any action in
connection thereto, and shall respond
within a reasonable time to the client’s
request for information.
SECTION 7. Extension of time to file. —
A lawyer shall avoid asking for an
extension of time to file any pleading,
motion, or other court submission,
except when allowed by the Rules of
Court or for good cause.

When an extension is obtained, the

lawyer shall not let the period lapse
without submitting the pleading, motion,
or other court submission, except upon
the client’s decision not to pursue the
case any further or for other justifiable
cause.
SECTION 8. Lifelong learning. — A
competent lawyer engages in lifelong
 learning through the continued
development of professional skills.
SECTION 9. Practice of law concurrent
with another profession. — A lawyer
who is engaged in another profession or
occupation concurrently with the practice
of law shall expressly provide in the
pertinent contract the nature of the
services the lawyer is engaged to
perform.

The practice of another profession or

occupation shall not jeopardize such
lawyer’s competence, integrity, probity,
and independence in rendering legal
services.
SECTION 10. Non-legal activities. — A
lawyer who is engaged in business or
other non-legal profession shall likewise
observe the ethical duties and
responsibilities of a lawyer under the
CPRA.
CANON 5 - A LAWYER SHALL KEEP CANON V - EQUALITY
ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN Every lawyer shall adhere to the
CONTINUING LEGAL EDUCATION principle of equality and hold firmly the
PROGRAMS, SUPPORT EFFORTS TO belief that every person, regardless of
ACHIEVE HIGH STANDARDS IN LAW nationality or ethnicity, color, sexual
SCHOOLS AS WELL AS IN THE orientation or gender identity, religion,
PRACTICAL TRAINING OF LAW disability, age, marital status, social or
STUDENTS AND ASSIST IN economic status, and other like
DISSEMINATING THE LAW AND circumstances, has the fundamental
JURISPRUDENCE. right to equal treatment and
representation.

As such, the lawyer shall accord equal

respect, attention, dedication and zeal in
advancing the client’s cause, regardless
of personal opinion, religious or political
beliefs pertaining on the personal
circumstances of the client, except for
justifiable reasons.
SECTION 1. Non-discrimination. — A
lawyer shall not decline to represent a
person solely on account of the latter’s
nationality or ethnicity, sexual orientation
or gender identity, religion, disability,
age, marital status, social or economic
status, political beliefs, or such lawyer’s
or the public’s opinion regarding the guilt
of said person, except for justifiable
reasons.
SECTION 2. Treatment of vulnerable
persons. — In dealing with a client who
belongs to a vulnerable sector, a lawyer
shall be mindful and sensitive of, and
consider the client’s special
circumstances, as well as the applicable
laws and rules.

The lawyer shall observe a higher

standard of service suited to the
particular needs of the vulnerable
person and shall assert such person’s
right to meaningful access to justice.

A vulnerable person is a person who is

at a higher risk of harm than others, and
shall include children, the elderly, the
homeless, persons with disability,
persons deprived of liberty, human rights
victims, victims of domestic violence,
victims of armed conflict, those who are
socio-economically disadvantaged,
those who belong to racial or ethnic
minorities, or those with debilitating
physical or mental conditions.
SECTION 3. Indigent person. — A
lawyer shall not refuse the
representation of an indigent person,
 except if:

(a) the lawyer is not in a position to carry

out the work effectively or competently
due to a justifiable cause;

(b) the lawyer will be placed in a conflict-

of- interest situation; or

(c) the lawyer is related to the potential

adverse party, within the sixth degree of
consanguinity or affinity, or to the
adverse counsel, within the fourth
degree.

An indigent is any person who has no

money or property sufficient for food,
shelter and other basic necessities for
oneself and one’s family.
SECTION 4. Standard of service. — A
lawyer shall observe the same standard
of service for all clients, regardless of
remuneration, except for the higher
standard required for representation of
vulnerable persons.
CANON 6 - THESE CANONS SHALL CANON VI - ACCOUNTABILITY
APPLY TO LAWYERS IN
GOVERNMENT SERVICES IN THE By taking the Lawyer’s Oath, a lawyer
DISCHARGE OF THEIR TASKS. becomes a guardian of the law and an
administrator of justice. As such, the
lawyer shall observe the highest degree
of morality, adhere to rigid standards of
mental fitness, and faithfully comply with
the rules of the legal profession.

Failure to honor this covenant makes the

lawyer unfit to continue in the practice of
law and accountable to society, the
courts, the legal profession, and the
client.
Rule 6.01 - The primary duty of a lawyer SECTION 1. Nature of disciplinary
engaged in public prosecution is not to proceedings against lawyers. —
convict but to see that justice is done. Disciplinary proceedings against lawyers
The suppression of facts or the shall be confidential in character and
concealment of witnesses capable of summary in nature.
establishing the innocence of the
accused is highly reprehensible and is Nonetheless, the final order of the
cause for disciplinary action. Supreme Court shall be published like
its decisions in other cases.
Rule 6.02 - A lawyer in the government SECTION 2. How instituted. —
service shall not use his public position Proceedings for the disbarment,
to promote or advance his private suspension, or discipline of lawyers may
interests, nor allow the latter to interfere be commenced by the Supreme Court
with his public duties. on its own initiative, or upon the filing of
a verified complaint by the Board of
Governors of the Integrated Bar of the
Philippines (IBP), or by any person,
before the Supreme Court or the IBP.
However, a verified complaint against a
government lawyer which seeks to
discipline such lawyer as a member of
the Bar shall only be filed in the
Supreme Court.

A verified complaint filed with the

Supreme Court may be referred to the
IBP for investigation, report and
recommendation, except when filed
directly by the IBP, in which case, the
verified complaint shall be referred to the
Office of the Bar Confidant or such fact-
finding body as may be designated.

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 judicial service, whether
they are charged singly or jointly with
 other respondents, and whether such
complaint deals with acts unrelated to
the discharge of their official functions,
shall be forwarded by the IBP to the
Supreme Court for appropriate
disposition under Rule 140, as
amended.
Rule 6.03 - A lawyer shall not, after SECTION 3. Contents of the complaint.
leaving government service, accept — The complaint shall be verified. It
engagement or employment in shall state clearly and concisely the acts
connection with any matter in which he or omissions complained of and shall be
had intervened while in said service. supported by judicial affidavits of the
witnesses and such other documents in
support thereof.

If the verified complaint is filed before

the IBP, six (6) copies thereof shall be
filed with the Secretary of the IBP or the
Secretary of any of its chapters, who
shall forthwith transmit the same to the
IBP Board of Governors.
SECTION 4. List of Investigating
Commissioners; qualifications. — The
IBP shall recommend to the Supreme
Court one hundred fifty (150) lawyers in
good standing and repute, whom the
IBP shall proportionately select from its
nine (9) regions. The IBP may
periodically recommend the adjustment
of the number of Investigating
Commissioners to the Supreme Court
according to the existing caseload.

The list, with the curriculum vitae of the

recommended lawyers, shall be
submitted by the IBP within a month
from the effectivity of the Code.

Only those approved by the Supreme

Court may be designated as
Investigating Commissioners, who shall
serve for a term of three (3) years,
unless sooner removed, replaced or
resigned.

An updated list shall be submitted by the

IBP to the Supreme Court upon removal,
replacement, or resignation of a lawyer
previously designated as Investigating
Commissioner by the Supreme Court.

All approved Investigating

Commissioners shall take an oath of
office in the form prescribed by the IBP.
A copy of the Investigating
Commissioner’s appointment and oath
shall be transmitted to the Supreme
Court.
SECTION 5. Assignment by raffle of
Investigating Commissioner. — The IBP
Board of Governors shall assign by raffle
an Investigating Commissioner from
among the lawyers approved by the
Supreme Court in the list submitted by
the IBP or, when special circumstances
so warrant, a panel of three (3)
Investigating Commissioners, to
investigate the complaint.
SECTION 6. Complaint against a
government lawyer. — When a
complaint is filed against a government
lawyer, the Investigating Commissioner
shall determine, within five days from
assignment by raffle, whether the
concerned agency, the Ombudsman, or
the Supreme Court has jurisdiction. If
the allegations in the complaint touch
upon the lawyer’s continuing obligations
under the CPRA or if the allegations,
assuming them to be true, make the
lawyer unfit to practice the profession,
then the Investigating Commissioner
shall proceed with the case. Otherwise,
the Investigating Commissioner shall
recommend that the complaint be
dismissed.
SECTION 7. Disqualification of
Investigating Commissioner. — An
Investigating Commissioner shall, on his
or her own initiative or upon motion,
recuse from acting as such on the
grounds of relationship within the fourth
degree of consanguinity or affinity with
any of the parties or their counsel,
professional legal relationship, pecuniary
interest, or where he or she has acted
as counsel for either party, unless, in the
last instance, the parties sign and enter
upon the record their written consent.

Where an Investigating Commissioner

does not disqualify himself or herself, a
party may file the appropriate motion for
disqualification before the IBP Board of
Governors. The IBP Board of Governors
shall resolve the motion within five days
from receipt thereof. Upon vote of
majority of the members present, there
being a quorum, the IBP Board of
Governors shall order the
disqualification and designate a replace
of the disqualified Investigating
Commissioner. The decision of the IBP
Board of Governors on the
disqualification shall be final.
SECTION 8. Duties of the Investigating
Commissioner. — The Investigating
Commissioner shall investigate a
complaint against any member of the
Integrated Bar, and thereafter submit a
report embodying the recommended
action to the IBP Board of Governors,
within a total period not exceeding one
hundred eighty (180) calendar days,
from assignment by raffle.
SECTION 9. Submissions allowed;
verification. — The only submissions
allowed are the complaint, answer, and
position papers, all of which shall be
verified.
A Certificate of Non-Forum Shopping
shall accompany the verified complaint.

An unverified complaint shall be

recommended for outright dismissal. An
unverified answer or position paper shall
not be considered.
SECTION 10. Prohibited submissions.
— The following submissions are
prohibited:

(a) Motion to dismiss the complaint or

petition, except on the ground of lack of
jurisdiction, litis pendentia or res
judicata;

(b) Motion for a bill of particulars;

(c) Motion to reopen or for new trial;

(d) Petition for relief from judgment;

(e) Supplemental pleadings;

(f) Motion for reconsideration of a

judgment on the merits, except a motion
for reconsideration of an interlocutory
order or resolution.
SECTION 11. Lack of prima facie
showing of liability; outright dismissal. —
Within fifteen (15) calendar days from
assignment by raffle, if the Investigating
Commissioner finds no prima facie
showing of liability, the Investigating
Commissioner shall recommend the
outright dismissal of the complaint to the
Supreme Court. The Supreme Court
may adopt the recommendation and
dismiss the complaint outright.
Otherwise, the Supreme Court shall
direct the Investigating Commissioner to
conduct further proceedings.
SECTION 12. Effect of death of lawyer
on administrative disciplinary cases. —
Disciplinary proceedings may not be
instituted against a lawyer who has died.
If such proceedings have been instituted
notwithstanding the lawyer’s death, the
administrative case against said lawyer
shall be dismissed.

The death of the lawyer during the

pendency of the case shall cause its
dismissal.
SECTION 13. Issuance of summons. —
Within fifteen (15) calendar days from
assignment by raffle, the Investigating
Commissioner shall issue the required
summons, attaching thereto a copy of
the verified complaint and supporting
documents, if any. The summons shall
require the respondent to file a verified
answer.
SECTION 14. Verified answer. — The
answer shall be verified and filed within
thirty (30) calendar days from receipt of
the summons. (CBD, Rule III, sec. 3)
The verified answer shall be
accompanied by judicial affidavits of the
witnesses and such other documents in
support thereof.

The respondent may, upon motion, for

good cause, be given one extension of
fifteen (15) calendar days to file the
verified answer.

Two (2) copies of the verified answer

shall be filed with the Investigating
Commissioner, with proof of service on
the complainant or the latter’s counsel.
SECTION 15. Dismissal after answer.
— If the Investigating Commissioner
finds that the complaint is not
meritorious based on the verified
answer, the Investigating Commissioner
shall recommend to the Supreme Court
the dismissal of the complaint.
Otherwise, the Supreme Court shall
direct the Investigating Commissioner to
conduct further proceedings
SECTION 16. Irrelevance of desistance,
settlement, compromise, restitution,
withdrawal, or failure to prosecute. — 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.
SECTION 17. Counsel de oficio. — The
IBP Board of Governors shall appoint a
suitable member of the Integrated Bar
as counsel de officio to assist the
complainant or the respondent during
the investigation in case of need for
such assistance.
SECTION 18. Investigation. — Upon
joinder of issues or upon failure of the
respondent to answer, the Investigating
Commissioner shall proceed with the
investigation of the case. However, if
despite reasonable notice, the
respondent fails to file an answer or
appear, the investigation shall proceed
ex parte. In both instances, the
investigation shall proceed with
dispatch.

The respondent shall be given full

opportunity to defend and be heard,
whether through counsel or not, and to
present witnesses.

The Investigating Commissioner shall

have the power to issue subpoenae and
administer oaths and affirmations in
relation to the conduct of the
proceedings.
SECTION 19. Indirect contempt. —
Willful failure or refusal to obey a
subpoena or any other lawful order
issued by the Investigating
Commissioner shall be dealt with as
indirect contempt of court. The
Investigating Commissioner shall require
the alleged contemnor to show cause
within ten (10) calendar days from
notice. Upon receipt of the compliance
or lapse of the period to comply, the
Investigating Commissioner may
conduct a hearing, if necessary, in
accordance with the procedure set forth
under Canon VI, Section 20 for hearings
before the Investigating Commissioner.
Such hearing shall be terminated within
fifteen (15) calendar days from
commencement. Thereafter, the
Investigating Commissioner shall submit
a report and recommendation to the IBP
Board of Governors within a period of
fifteen (15) calendar days from
termination of the contempt hearing.

Within thirty (30) calendar days from

receipt of the Investigating
Commissioner’s report and
recommendation on the contempt
charge, the IBP Board of Governors,
through a Resolution, may either adopt,
modify or disapprove the
recommendation of the Investigating
Commissioner. The action of the IBP
Board of Governors shall be immediately
executory.

The action of the IBP Board of

Governors may be appealed to the
Supreme Court. The execution of the
order of contempt shall not be
suspended, unless a bond is filed by the
person adjudged in contempt, in an
amount fixed by the IBP Board of
Governors, conditioned upon
compliance with and performance of the
final action in the contempt case, if
decided against the contemnor.
SECTION 20. Submission of preliminary
conference briefs. — Immediately upon
receipt of the verified answer, the
Investigating Commissioner shall send a
notice to the parties and counsels to
simultaneously file, within a non-
extendible period of ten (10) calendar
days from receipt of the notice, their
respective preliminary conference briefs
which shall contain the following:

(a) Admissions;

(b) Stipulation of facts;

(c) Definition of issues;

(d) Judicial affidavits and marked

exhibits, accompanied by the lawyer’s
certification that the attached documents
are the genuine or faithful reproductions
of the original in his or her custody or
possession;

(e) Such other matters as may aid in the

prompt disposition of the action.
SECTION 21. Preliminary conference
order; position papers. — Within ten (10)
calendar days from receipt of the
preliminary conference briefs, the
Investigating Commissioner shall issue a
Preliminary Conference Order, on the
basis of such briefs submitted by the
parties and counsels, summarizing the
stipulated facts, issues and marked
exhibits.

The Investigating Commissioner shall

further direct the parties to submit their
verified position papers within a non-
extendible period of ten (10) calendar
days from receipt of the preliminary
conference order.
SECTION 22. Clarificatory hearing. —
Within ten (10) calendar days from
receipt of the last position paper, the
Investigating Commissioner shall
determine whether there is a need to
conduct a hearing to clarify factual
issues and confront witnesses.

If deemed necessary, the Investigating

Commissioner shall set the hearing
within fifteen (15) calendar days from
such determination, and identify the
factual issues to be made subject of the
hearing.

The Investigating Commissioner may

subpoena any witness to appear at the
hearing to answer clarificatory
questions. Thereafter, the Investigating
Commissioner may allow the parties to
confront the witnesses and propound
their own clarificatory questions on the
factual issues identified by the
Investigating Commissioner.

The clarificatory hearing may be done

in-person or through videoconferencing.
If it is conducted in-person, the
clarificatory hearing shall be done at the
most convenient venue for the parties.
The clarificatory hearing shall be
terminated within thirty (30) calendar
days from its commencement.
SECTION 23. Minutes of proceedings.
— The proceedings before the IBP shall
be recorded.
SECTION 24. Non-appearance of
parties. — Non-appearance at the
clarificatory hearing shall be deemed a
waiver of the right to participate therein.
SECTION 25. Issuance of report and
recommendation by the Investigating
Commissioner. — If there is no
clarificatory hearing, the Investigating
Commissioner shall render a report and
recommendation and submit the same
to the IBP Board of Governors within a
non-extendible period of sixty (60)
calendar days from receipt of the last
position paper or lapse of the period
given.
In case the Investigating Commissioner
sets a clarificatory hearing, the report
and recommendation shall be rendered
and submitted to the IBP Board of
Governors within a non-extendible
period of thirty (30) calendar days from
the termination of the hearing.

The report and recommendation shall be

accompanied by the duly certified
transcript of stenographic notes, or in
lieu thereof, the audio recording, if any,
or the Investigating Commissioner’s
personal notes duly signed, which
should be attached to the records,
together with 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 Investigating
Commissioner’s personal notes any
relevant and pertinent testimonies.

If the hearing is conducted through

videoconferencing, the proceedings
shall be recorded by the Investigating
Commissioner. It shall form part of the
records of the case, appending thereto
relevant electronic documents taken up
or issued during the hearing.
SECTION 26. Submission of Resolution
by the Board of Governors. – The IBP
Board of Governors shall have a non-
extendible period of ninety (90) calendar
days from receipt of the Report and
Recommendation of the Investigating
Commissioner, within which to submit to
the Supreme Court its Resolution
adopting, modifying or disapproving
such Report and Recommendation.
SECTION 27. Depositions. —
Depositions may be taken in accordance
with the Rules of Civil Procedure, as
amended, with leave of the Investigating
Commissioner.
SECTION 28. Filing and service. — The
filing and the service of papers or
notices required by this Canon shall be
made with the Commission, or upon the
parties personally, by registered mail,
accredited courier, electronic mail or
other electronic means, or as provided
for in international conventions to which
the Philippines is a party.

For this purpose, the office address and

the electronic mail address supplied by
the lawyer to the IBP shall be the official
addresses to which all notices, orders
and processes shall be served.

Proof of filing and service shall be

submitted in accordance with the Rules
of Civil Procedure, as amended.
SECTION 29. Substantial defects;
motion to reopen. — Any substantial
defect in the complaint, notice, answer,
or in the proceeding or the Investigating
Commissioner’s Report which may
result in the miscarriage of justice may
be raised as an error before the
Supreme Court, unless the defect
results in the deprivation of the right to
due process. In case of the latter, the
matter may be brought before the IBP
Board of Governors by way of a motion
to reopen within sixty (60) calendar days
from knowledge.
SECTION 30. Proceedings initiated
before the Supreme Court. — In
proceedings initiated by the Supreme
Court, or proceedings commenced by
complaint filed with the Supreme Court,
the Supreme Court may refer the case
for investigation, report and
recommendation to the Office of the Bar
Confidant, or the IBP, or other fact-
finding body that is designated or
created by the Supreme Court for such
purpose.

Cases referred to the Office of the Bar

Confidant, or other fact-finding body, or
the IBP shall proceed in the same
manner provided in Sections 5 to 29 of
this Canon.

In any event, the report and

recommendation on the investigation
shall be reviewed directly by the
Supreme Court, which shall take such
necessary action on the report and
recommendation as may be warranted.
SECTION 31. Preventive suspension. —
After receipt of respondent’s answer or
lapse of the period therefor, the
Supreme Court, on its own initiative, or
upon the recommendation of the IBP
Board of Governors, the Office of the
Bar Confidant, or the fact-finding body
referred to in Section 30, may suspend a
lawyer from the practice of law during
the pendency of the investigation for a
period not exceeding one hundred
eighty (180) calendar days or until such
suspension is lifted by the Supreme
Court, in order to prevent interference
with or obstruction of the investigation,
tampering, concealment or destruction
of evidence, intimidating or exerting
undue influence on any witness.
SECTION 32. Quantum and burden of
proof. — In administrative disciplinary
cases, the complainant has the burden
of proof to establish with substantial
evidence the allegations against the
respondent. Substantial evidence is that
amount of relevant evidence which a
reasonable mind might accept as
adequate to justify a conclusion.
SECTION 33. Serious offenses. —
Serious offenses include:

(a) Gross misconduct, or any

inexcusable, shameful or flagrant
unlawful conduct;

(b) Serious dishonesty, fraud, or deceit,

including falsification of documents and
making untruthful statements;

(c) Bribery or corruption;

(d) Gross negligence in the performance

of duty, or conduct that is reckless and
inexcusable, which results in the client
being deprived of his or her day in court;

(e) Conviction of a crime involving moral

turpitude;

(f) Grossly immoral conduct, or an act

that is so corrupt or false as to constitute
a criminal act, or so immoral as to be
reprehensible to a high degree;

(g) Misappropriating a client’s funds or

properties;
(h) Gross ignorance of the law or
procedure, or the disregard of basic
rules and settled jurisprudence, when
either is attended by bad faith, malice or
corrupt motive;

(i) Grossly undignified conduct

prejudicial to the administration of
justice;

(j) Sexual abuse;

(k) Gender-based sexual harassment or

discrimination;

(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, the latter’s client or
principal, a witness, or any official or
employee of a court, tribunal, or other
government agency;

(n) Willful and deliberate forum

shopping, and forum shopping through
gross negligence;

(o) Intentional violation of the rule on

privileged communication;

(p) Violation of the notarial rules, except

reportorial requirements, when attended
by bad faith;

(q) Intentional violation of the conflict of

interest rules;
(r) Influence-peddling or using one’s
relationships to obtain a favorable action
on, or outcome in, any pending matter or
proceeding, directly or indirectly, with or
without monetary consideration, from
any officer of a court, tribunal or other
government agency;

(s) Unlawful discrimination under Canon

V; and

(t) Sale, distribution, possession and/or

use of illegal drugs or substances.
SECTION 34. Less serious offenses. —
Less serious offenses include:

(a) Simple misconduct, or such

misconduct without the manifest
elements of corruption, clear intent to
violate the law or flagrant disregard of
established rules;

(b) Simple negligence in the

performance of duty, or such negligence
which does not result in depriving the
client of his or her day in court;

(c) Violation of Supreme Court rules and

issuances in relation to Bar Matters and
administrative disciplinary proceedings,
including willful and deliberate
disobedience of the orders of the
Supreme Court and the IBP;

(d) Simple dishonesty;

(e) Other violations of the conflict of

interest rules;
(f) Prohibited borrowing of money from a
client;

(g) Prohibited lending of money;

(h) Other unlawful threats;

(i) Instituting frivolous or baseless

actions, on the basis of a final decision
or order dismissing 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;

(m) Use of intemperate or offensive

language before any court, tribunal, or
other government agency;

(n) Unjustifiable failure or refusal to

render an accounting of the funds or
properties of a client;

(o) Unauthorized division of fees with a

non- lawyer; and

(p) Other violations of reportorial

requirements.
SECTION 35. Light offenses. — Light
offenses include:

(a) Violation of IBP rules and issuances

governing membership in the IBP;

(b) Use of vulgar or offensive language

in personal dealings;

(c) Fraternizing with the officials or

employees of a court, tribunal, or other
government agency where the
respondent has a pending case or
cases, to such a degree and frequency
as would give the appearance of power
or influence over them, or which tends to
create an impression of impropriety;

(d) Filing of frivolous motions for

inhibition;

(e) Failure to promptly call upon client to

rectify a fraudulent act; or

(f) Other similar or analogous infractions

of the CPRA.
SECTION 36. Assisting in the
commission of an offense. — Any lawyer
who shall knowingly assist another
lawyer in the commission of any serious,
less serious, or light offense punished by
the CPRA may also be held liable.
SECTION 37. Sanctions. —

(a) If the respondent is found guilty of a

serious offense, any of the following
sanctions, or a combination thereof,
shall be imposed:

(1) Disbarment;

(2) Suspension from the practice of law

for a period exceeding six (6) months;

(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.

(b) If the respondent is found guilty of a

less serious offense, any of the following
sanctions, or a combination thereof,
shall be imposed:

(1) Suspension from the practice of law

for a period within the range of one (1)
month to six (6) months, or revocation of
notarial commission and disqualification
as notary public for less than two(2)
years;

(2) A fine within the range of P35,000.00

to P100,000.00.

(c) If the respondent is found guilty of a

light offense, any of the following
sanctions shall be imposed:

(1) A fine within the range of P1,000.00

to P35,000.00;

(2) Censure; or

(3) Reprimand.

In addition to the above sanctions in

paragraph (c), the respondent may also
be required to do community service or
service in the IBP legal aid program.

In all instances, when the offense

involves money or property owed, which
is intrinsically linked to the lawyer-client
relationship, the respondent shall be
ordered to return the same.
SECTION 38. Modifying circumstances.
— In determining the appropriate
penalty to be imposed, the Court may, in
its discretion, appreciate the following
mitigating and aggravating
circumstances:

(a) Mitigating circumstances:

(1) First offense, except in charges of

gross misconduct, bribery or corruption,
grossly immoral conduct,
misappropriating a client’s funds or
properties, sexual abuse, and sale,
distribution, possession and/or use of
illegal drugs or substances;

(2) Absence of bad faith or malice;

(3) Return of the amounts owed;

(4) Expression of remorse;

(5) Reconciliation with the complainant;

(6) Rectification of wrongdoing;

(7) Act or omission did not prejudice the

client;

(8) Age;

(9) Number of years in the practice of

law;

(10) Humanitarian considerations; and

(11) Other analogous circumstances.

(b) Aggravating Circumstances:

(1) Finding of previous administrative
liability where a penalty is imposed,
regardless of nature or gravity;

(2) Age;

(3) Number of years in the practice of

law;

(4) Employment of fraudulent means to

conceal the offense;

(5) Respondent’s act or omission was

tainted with bad faith or malice, except
when it is an element of the offense;

(6) Lack of remorse;

(7) Failure to comply with the orders of

the Court and the IBP in relation to an
administrative case;

(8) Other analogous circumstances.

SECTION 39. Manner of imposition. — If
one (1) or more aggravating
circumstances and no mitigating
circumstances are present, 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.
The Supreme Court may, in its
discretion, impose the penalty of
disbarment depending on the number
and gravity of the aggravating
circumstances.

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 the CPRA.

If there are both aggravating and

mitigating circumstances present, the
Supreme Court may offset each other.
SECTION 40. 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 from
the practice of law or P1,000,000.00 in
fines, the respondent may, in the
discretion of the Supreme Court, be
meted with the penalty of disbarment.

If a single act or omission gives rise to

more than one (1) offense, the
respondent shall still be found liable for
all such offenses, but shall, nonetheless,
only be meted with the appropriate
penalty for the most serious offense.
SECTION 41. Payment of fines and
return of client’s money and property. —
When the penalty imposed is a fine or
the respondent is ordered to return the
client’s money or property, the
respondent shall pay or return it within a
period not exceeding three (3) months
from receipt of the decision or resolution.
If unpaid or unreturned, the Court may
cite the respondent in indirect contempt.
SECTION 42. Penalty when the
respondent has been previously
disbarred. — When the respondent has
been previously disbarred and is
subsequently found guilty of a new
charge, the Court may impose a fine or
order the disbarred lawyer to return the
money or property to the client, when
proper. If the new charge deserves the
penalty of a disbarment or suspension
from the practice of law, it shall not be
imposed but the penalty shall be
recorded in the personal file of the
disbarred lawyer in the Office of the Bar
Confidant or other office designated for
the purpose. In the event that the
disbarred lawyer applies for judicial
clemency, the penalty so recorded shall
be considered in the resolution of the
same.
SECTION 43. Immediately executory;
furnished copies. — The decision or
resolution pronouncing the respondent’s
administrative liability is immediately
executory. The copies of the decision or
resolution shall be furnished to the
Office of the Bar Confidant, the
Integrated Bar of the Philippines
National Office and local chapter to
which the respondent belongs, and the
Office of the Court Administrator for
circulation to all the courts.
SECTION 44. Confidentiality. —
Proceedings against lawyers shall be
confidential. However, the final order of
the Supreme Court shall be published
like its decisions in other cases.
SECTION 45. Sworn statement after
service of suspension. — Upon the
expiration of the period of suspension
from the practice of law, the lawyer shall
file a Sworn Statement with the
Supreme Court, through the Office of the
Bar Confidant, to show that the
petitioner, during the period of
suspension:

(a) has not appeared before any court,

tribunal or other government agency,
whether in respect of current, former or
prospective clients;

(b) has not signed or filed any pleading

or other court submission;

(c) has duly informed his or her clients,

law firm, law school where the lawyer is
teaching, legal clinic, or other legal
service organization of which he or she
is a member, regarding the suspension;
and

(d) has not otherwise performed any act,

directly or indirectly, that amounts to the
practice of law.

The Sworn Statement shall state the

date of the lawyer’s receipt of the order,
decision or resolution imposing the
penalty of suspension, as well as a list of
the lawyer’s engagements affected by
the suspension, indicating the relevant
court, tribunal or other government
agency, if any.

Copies of the Sworn Statement shall be

furnished to the Local Chapter of the
IBP, to the Executive Judge of the courts
where the suspended lawyer has
pending cases handled by him or her,
and/or where he or she has appeared as
counsel.
SECTION 46. Resumption of practice of
law. – The Sworn Statement shall be
considered as proof of the suspended
lawyer’s compliance with the order of
suspension. Such lawyer shall be
allowed to resume the practice of law
upon the filing of the Sworn Statement
before the Supreme Court.

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 determines that there is a
false statement stated therein, it shall
refer the same to the Court for its
immediate action.
SECTION 47. Reinstatement in the Roll
of Attorneys. — A lawyer who has been
disbarred may file a verified petition for
judicial clemency after five years from
the receipt of the order, decision,
resolution of disbarment.
SECTION 48. Petition for judicial
clemency. — The verified petition for
judicial clemency shall allege the
following:

(a) that the verified petition was filed

after five years from the receipt of the
order, decision, or resolution of
disbarment;

(b) that the disbarred lawyer has fully

complied with the terms and conditions
of all prior disciplinary orders, including
orders for restitution;
(c) that he or she recognizes the
wrongfulness and seriousness of the
misconduct for which he or she was
disbarred by showing positive acts
evidencing reformation;

(d) that he or she has reconciled, or

attempted in good faith to reconcile, with
the wronged private offended party in
the disbarment case, or if the same is
not possible, an explanation as to why
such attempt at reconciliation could not
be made.

Where there is no private offended

party, the plea for clemency must
contain a public apology; and

(e) notwithstanding the conduct for

which the disbarred lawyer was
disciplined, he or she has the requisite
good moral character and 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 can be put to good use if
given a chance; or

(b) there is 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.
SECTION 49. Action on the petition for
judicial clemency; prima facie merit. —
Upon receipt of the petition, the
Supreme Court shall conduct a
preliminary evaluation and determine if
the same has prima facie merit based on
the criteria.

If the petition has prima facie merit, the

Supreme Court shall refer the petition to
the Office of the Bar Confidant or any
fact-finding body the Court so
designates for investigation, report and
recommendation.

If the petition fails to show any prima

facie merit, it shall be denied outright.
SECTION 50. Investigation by the Office
of the Bar Confidant or other fact-finding
body. — The Office of the Bar Confidant
or any other fact-finding body
designated shall conduct and terminate
the investigation and submit to the
Supreme Court its report and
recommendation within ninety (90)
calendar days from receipt of the
referral.
SECTION 51. Decision on the petition
for judicial clemency; quantum of
evidence. — The Supreme Court shall
decide the petition on the basis of clear
and convincing evidence.
SECTION 52. Prohibition against
employment of disbarred or suspended
lawyer. — A lawyer who has been
disbarred or suspended shall not be
employed or engaged in the practice of
law, including the performance of the
following acts:

(a) Providing legal consultation or

advice;
(b) Appearing on behalf of a client in any
hearing or proceeding before any court,
tribunal, or other government agency or
office;

(c) Appearing as a representative of a

client at a deposition or other discovery
matter;

(d) Negotiating or transacting any legal

matter for or on behalf of a client with
third parties; or

(e) Receiving, disbursing, or otherwise

handling a client’s funds; or

(f) Teaching law subjects in any

educational 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.

Any client previously represented by a

suspended lawyer may engage the
services of a new lawyer.

The disbarment or suspension of a

handling lawyer shall not terminate the
lawyer-client engagement between the
client and the law firm, unless the client
chooses otherwise.
SECTION 53. Costs. — 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,
subject to proof.
CHAPTER II. THE LAWYER AND THE
LEGAL PROFESSION
CANON 7 - A LAWYER SHALL AT ALL
TIMES UPHOLD THE INTEGRITY AND
DIGNITY OF THE LEGAL
PROFESSION AND SUPPORT THE
ACTIVITIES OF THE INTEGRATED
BAR.
Rule 7.01 - A lawyer shall be
answerable for knowingly making a false
statement or suppressing a material fact
in connection with his application for
admission to the bar.
Rule 7.02 - A lawyer shall not support
the application for admission to the bar
of any person known by him to be
unqualified in respect to character,
education, or other relevant attribute.
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.
CANON 8 - A LAWYER SHALL
CONDUCT HIMSELF WITH
COURTESY, FAIRNESS AND
CANDOR TOWARDS HIS
PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS
AGAINST OPPOSING COUNSEL.
Rule 8.01 - A lawyer shall not, in his
professional dealings, use language
which is abusive, offensive or otherwise
improper.
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.
CANON 9 - A LAWYER SHALL NOT,
DIRECTLY OR INDIRECTLY, ASSIST
IN THE UNAUTHORIZED PRACTICE
OF LAW.
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.
Rule 9.02 - A lawyer shall not divide or
stipulate to divide a fee for legal services
with persons not licensed to practice
law, except:

(a) Where there is a pre-existing

agreement with a partner or associate
that, upon the latter's death, money shall
be paid over a reasonable period of time
to his estate or to persons specified in
the agreement; or
(b) Where a lawyer undertakes to
complete unfinished legal business of a
deceased lawyer; or
(c) Where a lawyer or law firm includes
non-lawyer employees in a retirement
plan even if the plan is based in whole
or in part, on a profit sharing agreement.
CHAPTER III. THE LAWYER AND THE
COURTS
CANON 10 - A LAWYER OWES
CANDOR, FAIRNESS AND GOOD
FAITH TO THE COURT.
Rule 10.01 - A lawyer shall not do any
falsehood, nor consent to the doing of
any in Court; nor shall he mislead, or
allow the Court to be misled by any
artifice.
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 already
rendered inoperative by repeal or
amendment, or assert as a fact that
which has not been proved.
Rule 10.03 - A lawyer shall observe the
rules of procedure and shall not misuse
them to defeat the ends of justice.
CANON 11 - A LAWYER SHALL
OBSERVE AND MAINTAIN THE
RESPECT DUE TO THE COURTS AND
TO JUDICIAL OFFICERS AND
SHOULD INSIST ON SIMILAR
CONDUCT BY OTHERS.
Rule 11.01 - A lawyer shall appear in
court properly attired.
Rule 11.02 - A lawyer shall punctually
appear at court hearings.
Rule 11.03 - A lawyer shall abstain from
scandalous, offensive or menacing
language or behavior before the Courts.
Rule 11.04 - A lawyer shall not attribute
to a Judge motives not supported by the
record or have no materiality to the
case.
Rule 11.05 - A lawyer shall submit
grievances against a Judge to the
proper authorities only.
CANON 12 - A LAWYER SHALL
EXERT EVERY EFFORT AND
CONSIDER IT HIS DUTY TO ASSIST
IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
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.
Rule 12.02 - A lawyer shall not file
multiple actions arising from the same
cause.
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.
Rule 12.04 - A lawyer shall not unduly
delay a case, impede the execution of a
judgment or misuse Court processes.
Rule 12.05 - A lawyer shall refrain from
talking to his witness during a break or
recess in the trial, while the witness is
still under examination.
Rule 12.06 - A lawyer shall not
knowingly assist a witness to
misrepresent himself or to impersonate
another.
Rule 12.07 - A lawyer shall not abuse,
browbeat or harass a witness nor
needlessly inconvenience him.
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.
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.
Rule 13.01 - A lawyer shall not extend
extraordinary attention or hospitality to,
nor seek opportunity for cultivating
familiarity with Judges.
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.
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.
CHAPTER IV. THE LAWYER AND THE
CLIENT
CANON 14 - A LAWYER SHALL NOT
REFUSE HIS SERVICES TO THE
NEEDY.
Rule 14.01 - A lawyer shall not decline
to represent a person solely on account
of the latter's race, sex, creed or status
of life, or because of his own opinion
regarding the guilt of said person.
Rule 14.02 - A lawyer shall not decline,
except for serious and sufficient cause,
an appointment as counsel de 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.
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.
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.
CANON 15 - A LAWYER SHALL
OBSERVE CANDOR, FAIRNESS AND
LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS.
Rule 15.01. - A lawyer, in conferring
with a prospective client, shall ascertain
as soon as practicable whether the
matter would involve a conflict with
another client or his own interest, and if
so, shall forthwith inform the prospective
client.
Rule 15.02.- A lawyer shall be bound by
the rule on privilege communication in
respect of matters disclosed to him by a
prospective client.
Rule 15.03. - A lawyer shall not
represent conflicting interests except by
written consent of all concerned given
after a full disclosure of the facts.
Rule 15.04. - A lawyer may, with the
written consent of all concerned, act as
mediator, conciliator or arbitrator in
settling disputes.
Rule 15.05. - A lawyer when advising
his client, shall give a candid and honest
opinion on the merits and probable
results of the client's case, neither
overstating nor understating the
prospects of the case.
Rule 15.06. - A lawyer shall not state or
imply that he is able to influence any
public official, tribunal or legislative
body.
Rule 15.07. - A lawyer shall impress
upon his client compliance with the laws
and the principles of fairness.
Rule 15.08. - A lawyer who is engaged
in another profession or occupation
concurrently with the practice of law
shall make clear to his client whether he
is acting as a lawyer or in another
capacity.
CANON 16 - A LAWYER SHALL HOLD
IN TRUST ALL MONEYS AND
PROPERTIES OF HIS CLIENT THAT
MAY COME INTO HIS PROFESSION.
Rule 16.01 - A lawyer shall account for
all money or property collected or
received for or from the client.
Rule 16.02 - A lawyer shall keep the
funds of each client separate and apart
from his own and those of others kept by
him.
Rule 16.03 - A lawyer shall deliver the
funds and property of his client when
due or upon demand. However, he shall
have a lien over the funds and may
apply so much thereof as may be
necessary to satisfy his lawful fees and
disbursements, giving notice promptly
thereafter to his client. He shall also
have a lien to the same extent on all
judgments and executions he has
secured for his client as provided for in
the Rules of Court.
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, when in the interest of
justice, he has to advance necessary
expenses in a legal matter he is
handling for the client.
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.
CANON 18 - A LAWYER SHALL
SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
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.
Rule 18.02 - A lawyer shall not handle
any legal matter without adequate
preparation.
Rule 18.03 - A lawyer shall not neglect a
legal matter entrusted to him, and his
negligence in connection therewith shall
render him liable.
Rule 18.04 - A lawyer shall keep the
client informed of the status of his case
and shall respond within a reasonable
time to the client's request for
information.
CANON 19 - A LAWYER SHALL
REPRESENT HIS CLIENT WITH ZEAL
WITHIN THE BOUNDS OF THE LAW.
Rule 19.01 - A lawyer shall employ only
fair and honest means to attain the
lawful objectives of his client and shall
not present, participate in presenting or
threaten to present unfounded criminal
charges to obtain an improper
advantage in any case or proceeding.
Rule 19.02 - A lawyer who has received
information that his client has, in the
course of the representation,
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.
Rule 19.03 - A lawyer shall not allow his
client to dictate the procedure in
handling the case.
CANON 20 - A LAWYER SHALL
CHARGE ONLY FAIR AND
REASONABLE FEES.
Rule 20.01 - A lawyer shall be guided by
the following factors in determining his
fees:

(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.
Rule 20.02 - A lawyer shall, in case of
referral, with the consent of the client, be
entitled to a division of fees in proportion
to the work performed and responsibility
assumed.
Rule 20.03 - A lawyer shall not, without
the full knowledge and consent of the
client, accept any fee, reward, costs,
commission, interest, rebate or
forwarding allowance or other
compensation whatsoever related to his
professional employment from anyone
other than the client.
Rule 20.04 - A lawyer shall avoid
controversies with clients concerning his
compensation and shall resort to judicial
action only to prevent imposition,
injustice or fraud.
CANON 21 - A LAWYER SHALL
PRESERVE THE CONFIDENCE AND
SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED.
Rule 21.01 - A lawyer shall not reveal
the confidences or secrets of his client
except:

(a) When authorized by the client after

acquainting him of the consequences of
the disclosure;

(b) When required by law;

(c) When necessary to collect his fees or

to defend himself, his employees or
associates or by judicial action.
Rule 21.02 - A lawyer shall not, to the
disadvantage of his client, use
information acquired in the course of
employment, nor shall he use the same
to his own advantage or that of a third
person, unless the client with full
knowledge of the circumstances
consents thereto.
Rule 21.03 - A lawyer shall not, without
the written consent of his client, give
information from his files to an outside
agency seeking such information for
auditing, statistical, bookkeeping,
accounting, data processing, or any
similar purpose.
Rule 21.04 - A lawyer may disclose the
affairs of a client of the firm to partners
or associates thereof unless prohibited
by the client.
Rule 21.05 - A lawyer shall adopt such
measures as may be required to prevent
those whose services are utilized by
him, from disclosing or using
confidences or secrets of the clients.
Rule 21.06 - A lawyer shall avoid
indiscreet conversation about a client's
affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal
that he has been consulted about a
particular case except to avoid possible
conflict of interest.
CANON 22 - A LAWYER SHALL
WITHDRAW HIS SERVICES ONLY
FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.
Rule 22.01 - A lawyer may withdraw his
services in any of the following case:

(a) When the client pursues an illegal or

immoral course of conduct in connection
with the matter he is handling;

(b) When the client insists that the

lawyer pursue conduct violative of these
canons and rules;

(c) When his inability to work with co-

counsel will not promote the best
interest of the client;

(d) When the mental or physical

condition of the lawyer renders it difficult
for him to carry out the employment
effectively;

(e) When the client deliberately fails to

pay the fees for the services or fails to
comply with the retainer agreement;

(f) When the lawyer is elected or

appointed to public office; and

(g) Other similar cases.

Rule 22.02 - A lawyer who withdraws or
is discharged shall, subject to a retainer
lien, immediately turn over all papers
and property to which the client is
entitled, and shall cooperative with his
successor in the orderly transfer of the
matter, including all information
necessary for the proper handling of the
matter.