Cpra Vs CPR Comparison of CPR and Cpra

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CPRA vs. CPR - Comparison of CPR and CPRA
Juris Doctor (St. Dominic Savio College )
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life, behave in a scandalous

CPRA 2023 VS. CPR - LEGAL PROFESSION AND LEGAL ETHICS manner to the discredit of the
legal profession.
C P R A 2023 BASIS CANON II, SECTION 3. Safe Space Act (RA 11313)
Safe environment; avoid all forms of abuse or
CANON I: INDEPENDENCE harassment.
The independence of a lawyer in the discharge of professional duties without A lawyer shall not create or promote an unsafe or
any improper influence, restriction, pressure, or interference, direct or indirect, hostile environment, both in private and public
ensures effective legal representation and is ultimately imperative for the rule of settings, whether online, in workplaces, educational
law. or training institutions, or in recreational areas. To
this end, a lawyer shall not commit any form of
physical, sexual, psychological, or economic
CANON I, SECTION 1. CPR CANON 2 abuse or violence against another person. A
Independent, accessible, efficient and effective legal lawyer is also prohibited from engaging in any
service. A lawyer shall make his gender-based harassment or discrimination.
legal services available in
A lawyer shall make legal services accessible in an an efficient and convenient
efficient and effective manner. In performing this manner compatible with the CANON II, SECTION 4. CPR Rule 8.01 A lawyer
duty, a lawyer shall maintain independence, act independence, integrity and Use of dignified, gender-fair, and child- and shall not, in his
with integrity, and at all times ensure the efficient effectiveness of the culturally-sensitive language. professional dealings, use
and effective delivery of justice. profession. language which is abusive,
A lawyer shall use only dignified, gender-fair, child- offensive or otherwise
and culturally-sensitive language in all personal improper.
CANON I, SECTION 2. CPR CANON 13 and professional dealings. To this end, a lawyer
Merit-based practice. shall not use language which is abusive, CPR Rule 11.03 A lawyer
A lawyer shall rely upon intemperate, offensive or otherwise improper, oral shall abstain from
A lawyer shall rely solely on the merits of a cause the merits of his cause and or written, and whether made through traditional or scandalous, offensive or
and not exert, or give the appearance of, any refrain from any impropriety electronic means, including all forms or types of menacing language or
influence on, nor undermine the authority of, the which tends to influence, or mass or social media. behavior before the Courts.
court, tribunal or other government agency, or its gives the appearance of
proceedings influencing the court.
CANON II, SECTION 5. CPR Rule 15.07.
Observance of fairness and obedience. A lawyer shall impress
CANON I, SECTION 3. upon his client compliance
Freedom from improper considerations and external A lawyer shall, in every personal and with the laws and the
influences professional engagement, insist on the observance principles of fairness.
of the principles of fairness and obedience to the
A lawyer shall not, in advocating a client’s law.
cause, be influenced by dishonest or immoral
considerations, external influences, or pressure.
CANON II, SECTION 6.
Harassing or threatening conduct.
CANON I, SECTION 4. CPR Rule 13.03
Non-interference by a lawyer. A lawyer shall not harass or threaten a fellow
A lawyer shall not brook or lawyer, the latter’s client or principal, a witness,
Unless authorized by law or a court, a lawyer invite interference by or any official or employee of a court, tribunal,
shall not assist or cause a branch, agency, another branch or agency or other government agency.
office or officer of the government to interfere in of the government in the
any matter before any court, tribunal, or other normal course of judicial
government agency. proceedings. CANON II, SECTION 7. CPR Rule 11.01
Formal decorum and appearance.
A lawyer shall appear in
CANON I, SECTION 5. CPR Rule 19.03 A lawyer shall observe formal decorum before all court properly attired.
Lawyer’s duty and discretion in procedure and courts, tribunals, and other government agencies. A
strategy. A lawyer shall not allow his lawyer’s attire shall be consistent with the dignity of
client to dictate the procedure the court, tribunal or other government agency,
A lawyer shall not allow the client to dictate or in handling the case. with due respect to the person’s sexual orientation,
determine the procedure in handling the case. gender identity, and gender expression.
Nevertheless, a lawyer shall respect the client’s
decision to settle or compromise the case after
explaining its consequences to the client. CANON II, SECTION 8. CPR Rule 10.02 A lawyer
Prohibition against misleading the court, tribunal, or shall not knowingly
other government agency. misquote or misrepresent
CANON II: PROPRIETY Rule 1.01 the contents of a paper,
A lawyer shall not misquote, misrepresent, or the language or the
A lawyer shall, at all times, act with propriety and A lawyer shall not engage mislead the court as to the existence or the contents argument of opposing
maintain the appearance of propriety in personal in unlawful, dishonest, of any document, argument, evidence, law, or other counsel, or the text of a
and professional dealings, observe honesty, immoral or deceitful conduct. legal authority, or pass off as one’s own the ideas or decision or authority, or
respect and courtesy, and uphold the dignity of the words of another, or assert as a fact that which has knowingly cite as law a
legal profession consistent with the highest not been proven. provision already rendered
standards of ethical behavior. inoperative by repeal or
amendment, or assert as a
CANON II, SECTION 2. CANON 8 fact that which has not been
Dignified conduct. proved.
A lawyer shall conduct
A lawyer shall respect the law, the courts, himself with courtesy, fairness CANON II, SECTION 9.
tribunals, and other government agencies, their and candor towards his Obstructing access to evidence or altering,
officials, employees, and processes, and act with professional colleagues, and destroying, or concealing evidence.
courtesy, civility, fairness, and candor towards shall avoid harassing tactics
fellow members of the bar. against opposing counsel. A lawyer shall not obstruct another lawyer’s
access to evidence during trial, including
A lawyer shall not engage in conduct that Rule 7.03 testimonial evidence, or alter, destroy, or conceal
adversely reflects on one’s fitness to practice law, evidence.
nor behave in a scandalous manner, whether in A lawyer shall not engage in
public or private life, to the discredit of the legal conduct that adversely
profession. reflects on his fitness to CANON II, SECTION 10. CPR Rule 12.05 A lawyer
practice law, nor shall he, Conduct in the presentation of a witness. shall refrain from talking to
whether in public or private his witness during a break or

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A lawyer shall avoid all forms of impropriety recess in the trial, while the Improper claim of influence or familiarity.
when presenting or confronting a witness. A lawyer witness is still under A lawyer shall not extend
shall not coach, abuse, discriminate against, or examination. A lawyer shall observe propriety in all dealings extraordinary attention or
harass any witness, in or out of the court, tribunal, or with officers and personnel of any court, tribunal, hospitality to, nor seek
other government agency, or talk to a witness during CPR Rule 12.07 A lawyer or other government agency, whether personal or opportunity for cultivating
a break or recess in the trial, while a witness is still shall not abuse, browbeat professional. Familiarity with such officers and familiarity with Judges.
under examination. Neither shall a lawyer direct, or harass a witness nor personnel that will give rise to an appearance of
assist, or abet any misrepresentation or falsehood needlessly inconvenience impropriety, influence, or favor shall be avoided. A
by a witness. him. lawyer shall not make claims of power,
influence, or relationship with any officer of a court,
CPR Rule 12.06 A lawyer tribunal, or other government agency.
shall not knowingly assist a
witness to misrepresent CANON II, SECTION 16.
himself or to impersonate Duty to report life-threatening situations.
another.
A lawyer who has reasonable grounds to
CANON II, SECTION 11. believe that a life-threatening situation is likely to
False representations or statements; duty to develop in relation to any proceeding in any court,
correct. tribunal, or other government agency shall
immediately report the same to the proper
A lawyer shall not make false representations or authorities.
statements. A lawyer shall be liable for any
material damage caused by such false CANON II, SECTION 17. CPR Rule 2.03 A lawyer shall
representations or statements. A lawyer shall not, Non-solicitation and impermissible advertisement. A not do or permit to be done
in demand letters or other similar lawyer shall not, directly or indirectly, solicit, or any act designed primarily
correspondence, make false representations or appear to solicit, legal business. to solicit legal business.
statements, or impute civil, criminal, or
administrative liability, without factual or legal basis. A lawyer shall not, directly or indirectly, CPR Rule 3.01 A lawyer shall
A lawyer shall correct false or inaccurate statements advertise legal services on any platform or media not use or permit the use of
and information made in relation to an except with the use of dignified, verifiable, and any false, fraudulent,
application for admission to the bar, any pleading, factual information, including biographical data, misleading, deceptive,
or any other document required by or submitted to contact details, fields of practice, services undignified, self-laudatory or
the court, tribunal or agency, as soon as its falsity or offered, and the like, so as to allow a potential unfair statement or claim
inaccuracy is discovered or made known to him or client to make an informed choice. In no case regarding his qualifications or
her shall the permissible advertisement be legal services.
self-laudatory. A lawyer, law firm, or any of their
CANON II, SECTION 12. representatives shall not pay or give any benefit CPR Rule 3.04 A lawyer shall
Duty to report dishonest, deceitful or misleading or consideration to any media practitioner, not pay or give anything of
conduct. award-giving body, professional organization, or value to representatives of
personality, in anticipation of, or in return for, the mass media in
A lawyer shall immediately inform a court, publicity or recognition, to attract legal anticipation of, or in return for,
tribunal, or other government agency of any representation, service, or retainership. publicity to attract legal
dishonest, deceitful or misleading conduct related business.
to a matter being handled by said lawyer before
such court, tribunal, or other government agency. CANON II, SECTION 18.
A lawyer shall also report to the appropriate Prohibition against self-promotion.
authority any transaction or unlawful activity that
is required to be reported under relevant laws, A lawyer shall not make public appearances
including the submission of covered and and statements in relation to a terminated case or
suspicious transactions under regulatory laws, legal matter for the purpose of self-promotion, self-
such as those concerning anti-money laundering. aggrandizement, or to seek public sympathy.
When disclosing or reporting the foregoing
information to the appropriate court, tribunal, or
other government agency, the lawyer shall not be CANON II, SECTION 19. Sub-judice rule. A lawyer CPR Rule 13.02 A lawyer
deemed to have violated the lawyer’s duty of shall not use any forum or medium to comment or shall not make public
confidentiality. Any such information shall be publicize opinion pertaining to a pending proceeding statements in the media
treated with strict confidentiality. A baseless before any court, tribunal, or other government regarding a pending case
report shall be subject to civil, criminal, or agency that may: a) cause a pre-judgment, or b) tending to arouse public
administrative action. sway public perception so as to impede, obstruct, or opinion for or against a
influence the decision of such court, tribunal, or party.
other government agency, or which tends to
CANON II, SECTION 13. tarnish the court’s or tribunal’s integrity, or c) impute
Imputation of a misconduct, impropriety, or crime improper motives against any of its members, or
without basis. d) create a widespread perception of guilt or
innocence before a final decision.
A lawyer shall not, directly or indirectly, impute
to or accuse another lawyer of a misconduct,
impropriety, or a crime in the absence of factual or CANON II, SECTION 20.
legal basis. Neither shall a lawyer, directly or Disclosure of relationship or connection.
indirectly, file or cause to be filed, or assist in the
filing of frivolous or baseless administrative, civil, A lawyer shall, at the first available opportunity,
or criminal complaints against another lawyer. formally disclose on record the lawyer’s relationship
or connection with the presiding officer of any court,
tribunal, or other government agency, or any of
CANON II, SECTION 14. CPR Rule 11.04 A lawyer its personnel, or the lawyer’s partners, associates,
Remedy for grievances; insinuation of improper shall not attribute to a or clients, that may serve as a ground for
motive. Judge motives not mandatory inhibition in any pending proceeding
supported by the record or before such court, tribunal, or other government
A lawyer shall submit grievances against any officer have no materiality to the agency.
of a court, tribunal, or other government agency only case.
through the appropriate remedy and before the
proper authorities. Statements insinuating improper CPR Rule 11.05 A lawyer CANON II, SECTION 21.
motive on the part of any such officer, which are shall submit grievances Prohibition against gift-giving and donations.
not supported by substantial evidence, shall be against a Judge to the proper
ground for disciplinary action. authorities only. A lawyer shall not directly or indirectly give
gifts, donations, contributions of any value or
sort, on any occasion, to any court, tribunal or
CANON II, SECTION 15. CPR Rule 13.01 government agency, or any of its officers and

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personnel. engage in private practice pertaining to any accept engagement or

matter before the office where he or she used employment in connection
CANON II, SECTION 22. to be connected within a period of one (1) year with any matter in which he
No undue advantage of ignorance of the law. from his or her separation from such office. Justices, had intervened while in
judges, clerks of court, city, provincial, and regional said service.
A lawyer shall not take advantage of a non-lawyer’s prosecutors shall not appear before any court
lack of education or knowledge of the law. within the territorial jurisdiction where they
previously served within the same period. After
leaving government service, a lawyer shall not
CANON II, SECTION 23. CPR Rule 12.02 A lawyer accept an engagement which could improperly
Instituting multiple cases; forum shopping. shall not file multiple influence the outcome of the proceedings which the
actions arising from the same lawyer handled or intervened in, or over which
A lawyer shall not knowingly engage or through cause. the lawyer previously exercised authority, while in
gross negligence in forum shopping, which offends said service.
against the administration of justice, and is a
falsehood foisted upon the court, tribunal, or other
government agency. A lawyer shall not institute or CANON II, SECTION 30. CPR Rule 6.02
advise the client to institute multiple cases to gain No financial interest in transactions; no gifts.
leverage in a case, to harass a party, to delay the A lawyer in the government
proceedings, or to increase the cost of litigation. A lawyer in government shall not, directly or service shall not use his
indirectly, promote or advance his or her private or public position to promote
financial interest or that of another, in any or advance his private
CANON II, SECTION 24. CPR Rule 8.02 transaction requiring the approval of his or her interests, nor allow the latter
Encroaching or interfering in another lawyer’s office. Neither shall such lawyer solicit gifts or to interfere with his public
engagement; exception. A lawyer shall not, directly receive anything of value in relation to such interest. duties.
or indirectly, encroach upon Such lawyer in government shall not give
A lawyer shall not, directly or indirectly, encroach the professional employment anything of value to, or otherwise unduly favor, any
upon or interfere in the professional engagement of another lawyer, however, it person transacting with his or her office, with the
of another lawyer. This includes a lawyer’s is the right of any lawyer, expectation of any benefit in return.
attempt to communicate, negotiate, or deal with the without fear or favor, to give
person represented by another lawyer on any proper advice and assistance
matter, whether pending or not in any court, tribunal, to those seeking relief against CANON II, SECTION 31. CPR Rule 6.01 The primary
body, or agency, unless when initiated by the unfaithful or neglectful Prosecution of criminal cases. duty of a lawyer engaged
client or with the knowledge of the latter’s lawyer. A counsel. in public prosecution is not to
lawyer, however, may give proper advice and The primary duty of a public prosecutor is not to convict but to see that justice
assistance to anyone seeking relief against convict but to see that justice is done. Suppressing is done. The suppression of
perceived unfaithful or neglectful counsel based on facts, concealing of, tampering with or destroying facts or the concealment of
the Code. evidence, coaching a witness, or offering false witnesses capable of
testimony is cause for disciplinary action. The establishing the innocence
obligations of a public prosecutor shall also be of the accused is highly
CANON II, SECTION 25. imposed upon lawyers in private practice who reprehensible and is cause
Responsibility of a solo practitioner. are authorized to prosecute under the direct for disciplinary action.
supervision and control of the public prosecutor.
A lawyer in solo practice shall ensure that all
matters requiring such lawyer’s professional skill
and judgment are promptly and competently CANON II, SECTION 32.
addressed. Lawyers in the academe.
A lawyer serving as a dean, administrative

CANON II, SECTION 26. CPR Rule 3.02 officer, or faculty member of an educational
Definition of a law firm; choice of firm name. institution shall at all times adhere to the
In the choice of a firm standards of behavior required of members of
A law firm is any private office, partnership, or name, no false, misleading the legal profession under the CPRA, observing
association, exclusively comprised of a lawyer or or assumed name shall be propriety, respectability, and decorum inside and
lawyers engaged to practice law, and who hold used. The continued use of outside the classroom, and in all media.
themselves out as such to the public. In the choice the name of a deceased
of a firm name, no false, misleading, or partner is permissible
assumed name shall be used. The continued provided that the firm CANON II, SECTION 33.
use of the name of a deceased, incapacitated, indicates in all its Conflict of interest for lawyers in the academe.
or retired partner is permissible provided that the communications that said
firm indicates in all its communications that said partner is deceased. A lawyer serving as a dean, administrative
partner is deceased, incapacitated, or retired. officer, or faculty member of an educational
institution shall disclose to the institution any
adverse interest of a client. Upon discovery of any
CANON II, SECTION 27. CPR Rule 3.03 Where a adverse interest of the lawyer’s client which
Partner who assumes public office. partner accepts public directly affects any student who is under his or her
office, he shall withdrawal direct supervision and guidance, the lawyer shall
When a partner assumes public office, such partner from the firm and his name likewise disclose the same to the institution.
shall withdraw from the firm and such partner’s shall be dropped from the firm
name shall be removed from the firm name, name unless the law allows
unless allowed by law to practice concurrently. him to practice law currently. CANON II, SECTION 34.
Paralegal services; lawyer’s responsibility.
CANON II, SECTION 28. CPR CANON 6 A paralegal is one who performs tasks that
Dignified government service. require familiarity with legal concepts, employed or
These canons shall apply retained by a lawyer, law office, corporation,
Lawyers in government service shall observe the to lawyers in government governmental agency, or other entity for
standard of conduct under the CPRA, the Code services in the discharge of non-diagnostic and non-advisory work in relation to
of Conduct and Ethical Standards for Public their tasks. legal matters delegated by such lawyer, law
Officials and Employees, and other related laws office, corporation, governmental agency, or other
and issuances in the performance of their duties. entity. A lawyer must direct or supervise a
Any violation of the CPRA by lawyers in paralegal in the performance of the latter’s
government service shall be subject to disciplinary delegated duties. The lawyer’s duty of confidentiality
action, separate and distinct from liability under shall also extend to the services rendered by the
pertinent laws or rules. paralegal, who is equally bound to keep the
privilege.
CANON II, SECTION 29. CPR Rule 6.03
Lawyers formerly in government service. CANON II, SECTION 35. CPR Rule 9.01
A lawyer shall not, after Non-delegable legal tasks.
A lawyer who has left government service shall not leaving government service, A lawyer shall not delegate

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A lawyer shall not delegate to or permit a to any unqualified person the

non-lawyer, including a paralegal, to: a) accept performance of any task A lawyer shall not communicate, whether
cases on behalf of the lawyer; b) give legal advice or which by law may only be directly or indirectly, with an officer of any court,
opinion; c) act independently without the lawyer’s performed by a member of tribunal, or other government agency through social
supervision or direction; d) to hold himself or the bar in good standing. media to influence the latter’s performance of official
herself out as a lawyer, or be named in duties.
association with a lawyer in any pleading or
submission to any court, tribunal, or other CANON II, SECTION 43.
government agency; e) appear in any court, tribunal, Legal information; legal advice.
or other government agency, or actively participate
in formal legal proceedings on behalf of a client, Pursuant to a lawyer’s duty to society and the
except when allowed by the law or rules; f) conduct legal profession, a lawyer may provide general
negotiations with third parties unless allowed in legal information, including in answer to questions
administrative agencies, without a lawyer’s asked, at any fora, through traditional or electronic
supervision or direction; g) sign correspondence means, in all forms or types of mass or social
containing a legal opinion; h) perform any of the media. A lawyer who gives legal advice on a specific
duties that only lawyers may undertake. These set of facts as disclosed by a potential client in
provisions shall not apply to law student such fora or media dispenses Limited Legal
practitioners under Rule 138-A of the Rules of Service and shall be bound by all the duties in the
Court. CPRA, in relation to such Limited Legal Service.
RESPONSIBLE USE OF SOCIAL MEDIA CANON II, SECTION 44.

Online posts that could violate conflict of interest.
A lawyer shall uphold the dignity of the legal
profession in all social media interactions in a A lawyer shall exercise prudence in making
manner that enhances the people’s confidence in posts or comments in social media that could
the legal system, as well as promote its violate the provisions on conflict of interest under
responsible use. the CPRA.
Responsible use. CANON III: FIDELITY
A lawyer shall have the duty to understand the Fidelity pertains to a lawyer’s duty to uphold the Constitution and the laws of
benefits, risks, and ethical implications associated the land, to assist in the administration of justice as an officer of the court, and to
with the use of social media. advance or defend a client’s cause, with full devotion, genuine interest, and
zeal in the pursuit of truth and justice.
Online posts. CANON III, SECTION 1.
Practice of law.
A lawyer shall ensure that his or her online posts,
whether made in a public or restricted privacy The practice of law is the rendition of legal
setting that still holds an audience, uphold the service or performance of acts or the application
dignity of the legal profession and shield it from of law, legal principles, and judgment, in or out of
disrepute, as well as maintain respect for the law. court, with regard to the circumstances or objectives
of a person or a cause, and pursuant to a
lawyer-client relationship or other engagement
CANON II, SECTION 38. governed by the CPRA for lawyers. It includes
Non-posting of false or unverified statements, employment in the public service or private
disinformation. sector and requires membership in the Philippine
bar as qualification.
A lawyer shall not knowingly or maliciously post,
share, upload or otherwise disseminate false or
unverified statements, claims, or commit any CANON III, SECTION 2. CPR Canon 1
other act of disinformation. The responsible and accountable lawyer. A lawyer shall uphold the
constitution, obey the laws of
A lawyer shall uphold the constitution, obey the the land and promote
CANON II, SECTION 39. laws of the land, promote respect for laws and respect for law of and legal
Prohibition against fraudulent accounts. legal processes, safeguard human rights, and at processes.
all times advance the honor and integrity of the
A lawyer shall not create, maintain or operate legal profession. As an officer of the court, a lawyer CPR Canon 12
accounts in social media to hide his or her identity shall uphold the rule of law and conscientiously A lawyer shall exert every
for the purpose of circumventing the law or the assist in the speedy and efficient administration of effort and consider it his duty
provisions of the CPRA. justice. As an advocate, a lawyer shall to assist in the speedy and
represent the client with fidelity and zeal within efficient administration of
CANON II, SECTION 40. the bounds of the law and the CPRA. justice.
Non-disclosure of privileged information through
online posts. CPR Canon 17
A lawyer owes fidelity to
A lawyer shall not reveal, directly or indirectly, in his the cause of his client and
or her online posts confidential information he shall be mindful of the
obtained from a client or in the course of, or trust and confidence reposed
emanating from, the representation, except when in him.
allowed by law or the CPRA.
CPR Canon 19
CANON II, SECTION 41. A lawyer shall represent his
Duty to safeguard client confidences in social client with zeal within the
media. bounds of the law.
A lawyer, who uses a social media account to CANON III, SECTION 3.

communicate with any other person in relation to Lawyer-client relationship.
client confidences and information, shall exert
efforts to prevent the inadvertent or unauthorized A lawyer-client relationship is of the highest
disclosure or use of, or unauthorized access to, fiduciary character. As a trust relation, it is
such an account. essential that the engagement is founded on the
confidence reposed by the client on the lawyer.
CANON II, SECTION 42. Therefore, a lawyer-client relationship shall arise
Prohibition against influence through social media. when the client consciously, voluntarily and in good

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faith vests a lawyer with the client’s confidence for A lawyer shall encourage
the purpose of rendering legal services such as A lawyer shall encourage the client to avoid, end or his clients to avoid, end or
providing legal advice or representation, and the settle a controversy, whether pending or not, in settle a controversy if it will
lawyer, whether expressly or impliedly, agrees to order to reach a settlement or a compromise if admit of a fair settlement.
render such services. the matter can be compromised under the law
and will admit of a fair settlement. To this end,
CANON III, SECTION 4. Rule 138, Section 23 the lawyer shall actively assist the parties and the
Authority of lawyer to bind client. Authority of Attorneys to bind court, tribunal, or other government agency to effect
clients mediation and/or dispute resolution.
A lawyer can bind a client in a legal
engagement only when so authorized through a Attorneys have authority to CANON III, SECTION 9. Duty to call client to rectify CPR Rule 19.02 A lawyer
written agreement. The lawyer, however, cannot bind their clients in any fraudulent act. A lawyer who receives information who has received information
compromise a client’s litigation, or receive case by any agreement in that a client has, in the course of the that his client has, in the
anything in discharge of a client’s claim, without relation thereto made in representation, perpetrated a fraud in relation to course of the representation,
a special power of attorney for such purpose. writing, and in taking any matter subject of the representation before a perpetrated a fraud upon a
appeals, and in all matters court, tribunal, or other government agency, or person or tribunal, shall
of ordinary judicial against any officer thereof, shall promptly call upon promptly call upon the client
procedure. But they cannot, the client to rectify the same. Such fraudulent act to rectify the same, and
without special authority, on the part of the client shall be a ground for the failing which he shall
compromise their client's termination by the lawyer of the engagement. terminate the relationship
litigation, or receive anything with such client in
in discharge of a client's accordance with the Rules
claim but the full amount in of Court.
cash.
CANON III, SECTION 10.
CANON III, SECTION 5. Rule 138, Section 21 Responsibility over a subordinate lawyer, paralegal,
Authority of lawyer to appear. Authority of Attorneys to or employee.
appear
A lawyer is presumed to be properly authorized A lawyer or law firm shall be responsible for the
to represent any cause in which he or she appears, An attorney is presumed to mistakes, negligence, and/or acts or omissions of
and no written power of attorney is required to be properly authorized to a subordinate lawyer, paralegal, or employee under
authorize him or her to appear in court for the client. represent any cause in which the lawyer’s direct supervision and control, who is
The court, tribunal, or other government agency he appears, and no written acting within the scope of the assigned tasks, that
may, on its own initiative or on motion of either power of attorney is required cause damage or injury which brings dishonor to
party, on just cause, require a lawyer to produce or to authorize him to appear in the profession or violates the rule on confidentiality.
prove the authority to appear on behalf of the client. court for his client, but the However, such liability of the supervising lawyer
presiding judge may, on does not attach upon proof of exercise of
motion of either party and diligence of a good parent of a family in the
on reasonable grounds selection and supervision of subordinate lawyer,
therefor being shown, paralegal, or employee.
require any attorney who
assumes the right to appear CANON III, SECTION 11.
in a case to produce or Responsibility of a supervisory lawyer over a
prove the authority under supervised lawyer.
which he appears, and to
disclose, whenever pertinent A supervisory lawyer shall co-sign a pleading or
to any issue, the name of the other submission to any court, tribunal, or other
person who employed him, government agency with a supervised lawyer. A
and may thereupon make supervisory lawyer shall be responsible for a
such order as justice violation of the CPRA by the supervised lawyer in
requires. An attorney who any of the following instances: a) the supervisory
willfully appear in court for a lawyer orders or directs the specific conduct or,
person without being with knowledge of the specific conduct, ratifies it;
employed, unless by leave of or b) the supervisory lawyer knows of such conduct
the court, may be punished at a time when it could be prevented or its
for contempt as an officer of consequences avoided or mitigated, but fails to
the court who has take reasonable remedial action; or c) the
misbehaved in his official supervisory lawyer should have known of the
transactions. conduct so that reasonable remedial action could
have been taken at a time when the consequences
of the conduct could have been avoided or
CANON III, SECTION 6. CPR Canon 17 mitigated. A supervisory lawyer is a lawyer having
Fiduciary duty of a lawyer. direct supervisory authority over another lawyer,
A lawyer owes fidelity to including a supervising lawyer under Rule 138-A of
A lawyer shall be mindful of the trust and the cause of his client and the Rules of Court.
confidence reposed by the client. To this end, a he shall be mindful of the
lawyer shall not abuse or exploit the relationship trust and confidence reposed CANON III, SECTION 12.
with a client. in him. Responsibilities of a supervised lawyer.
CANON III, SECTION 7. Prohibition against CPR Rule 1.03 A supervised lawyer acting under the direction
frivolous suits and abuse of court processes. of the supervising lawyer, managing partner, or
A lawyer shall not, for any other partners of the firm is nevertheless bound by
A lawyer shall not: corrupt motive or interest, the CPRA.
encourage any suit or
a) file or encourage the filing of any suit or proceeding or delay any CANON III, SECTION 13. CPR Rule 15.03.
proceeding not authorized by law or man's cause. Conflict of interest.
jurisprudence and without any evidentiary support; A lawyer shall not
A lawyer shall not represent conflicting interests represent conflicting interests
b) unduly impede the execution of an order or except by written informed consent of all concerned except by written consent
judgment which is warranted; or given after a full disclosure of the facts. There is of all concerned given after
conflict of interest when a lawyer represents a full disclosure of the facts.
c) abuse court processes. inconsistent or opposing interests of two or more
persons. The test is whether in behalf of one client it
CANON III, SECTION 8. CPR Rule 1.04 is the lawyer’s duty to fight for an issue or claim, but
Lawyer’s duty to encourage settlement. which is his or her duty to oppose for the other client

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CANON III, SECTION 14. act on the case or cases of the affected current
Prohibition against conflict- of-interest client.
representation; current clients. — In relation to
current clients, the following rules shall be observed: CANON III, SECTION 16.
Prohibition against dating, romantic or sexual
(a) A lawyer shall not enter into a business relations with a client.
transaction with a client or knowingly acquire an
ownership, possessory, security, or other pecuniary A lawyer shall not have dating, romantic, or
interest adverse to a client unless: sexual relations with a client during the
CPR Rule 12.08 engagement, unless the consensual relationship
(1) it is shown that the transaction and terms on existed between them before the lawyer-client
which the lawyer acquires the interest are fair and A lawyer shall avoid testifying relationship commenced.
reasonable to the client and are fully disclosed and in behalf of his client, except:
transmitted in writing in a manner that can be a) on formal matters, such
reasonably understood by the client; as the mailing, CANON III, SECTION 17. CPR Rule 15.01.
authentication or custody of Prohibition against conflict-of- interest
(2) the client is advised in writing of the desirability an instrument, and the like; or representation; prospective clients. A lawyer, in conferring with
of seeking, and is given a reasonable opportunity to b) on substantial matters, in a prospective client, shall
seek, the advice of another independent lawyer on cases where his testimony In relation to prospective clients, the following rules ascertain as soon as
the transaction; and is essential to the ends of shall be observed: practicable whether the
justice, in which event he matter would involve a
(3) the client gives written informed consent to the must, during his testimony, (a) A lawyer shall, at the earliest opportunity, conflict with another client or
essential terms of the transaction and the lawyer’s entrust the trial of the case ascertain the existence of any conflict of interest his own interest, and if so,
role in the transaction, including whether the lawyer to another counsel. between a prospective client and current clients, shall forthwith inform the
is representing the client in the transaction. and immediately disclose the same if found to prospective client.
exist. In case of an objection by either the
(b) A lawyer shall not use confidential information prospective or current client, the lawyer shall not
relating to representation of a client without the accept the new engagement.
client’s written informed consent, except as
permitted or required by law or the CPRA. (b) A lawyer shall maintain the private
confidences of a prospective client even if no
(c) A lawyer shall not, by undue influence, acquire engagement materializes, and shall not use any
any substantial gift from a client, including a such information to further his or her own interest, or
testamentary gift, or prepare on behalf of a client an the interest of any current client.
instrument giving the lawyer such gift, directly or
indirectly. CANON III, SECTION 18. CPR Rule 15.01.
Prohibition against conflict- of-interest
(d) Unless with the written informed consent of the representation; former clients. A lawyer, in conferring with
client and subject to the application of the sub judice a prospective client, shall
rule, a lawyer shall not make or negotiate an In relation to former clients, the following rules ascertain as soon as
agreement giving the lawyer literary or media rights shall be observed: practicable whether the
to a portrayal or account based in substantial part matter would involve a
on information relating to the representation. a) A lawyer shall maintain the private conflict with another client or
confidences of a former client even after the his own interest, and if so,
(e) A lawyer shall not accept compensation for termination of the engagement, except upon the shall forthwith inform the
representing a client from any person other than the written informed consent of the former client, or as prospective client.
client, unless: otherwise allowed under the CPRA or other
applicable laws or regulations, or when the
(1) the client gives written informed consent; information has become generally known.
(2) there is no interference with the lawyer’s b) A lawyer shall not use information relating to
independence or professional judgment or with the the former representation, except as the CPRA
lawyer-client relationship; or or applicable laws and regulations would permit
or require with respect to a current or prospective
(3) the information relating to representation of a client, or when the information has become
client is protected as required by the rule on generally known.
privileged communication.
c) Unless the former client gives written
(f) A lawyer, who represents two or more clients in informed consent, a lawyer who has represented
the same case, in case there is a settlement or such client in a legal matter shall not thereafter
plea-bargaining, shall disclose to all the clients the represent a prospective client in the same or
existence and nature of all the claims or pleas related legal matter, where the prospective client’s
involved and the participation of each client in the interests are materially adverse to the former client’s
settlement or plea-bargaining. interests.
(g) A lawyer shall avoid testifying in behalf of the

client, except: CANON III, SECTION 19.
Corporate lawyers; conflict of interest.
(1) on formal matters, such as the mailing,
authentication or custody of an instrument, and the In relation to organizational clients, a lawyer
like; or who represents a corporation or any organization
does not, by virtue of such representation,
(2) on substantial matters, in cases where the necessarily represent any constituent or affiliated
testimony is essential to the ends of justice, in which organization, such as a parent or subsidiary. A
event the lawyer must, during the testimony, entrust lawyer for a corporation or other organization, who
the trial of the case to another counsel. 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
CANON III, SECTION 15. the conflict of interest to all concerned parties.
Conflict of interest of a lawyer hired by a law firm.
When a lawyer joins a law firm, it shall be the duty of CANON III, SECTION 20.
the lawyer to disclose to the law firm, at the earliest Legal services organization; conflict of interest.
possible opportunity, his or her previous clients
that may have a potential conflict of interest with A legal services organization is any private
the current clients of the law firm. If there is a organization, including a legal aid clinic,
potential conflict of interest, the lawyer shall not partnership, association, or corporation, whose

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primary purpose is to provide free legal services. CANON III, SECTION 26.
A lawyer-client relationship shall arise only Prompt payment of membership dues.
between the client and the handling lawyers of
the legal services organization. All the lawyers of A lawyer shall promptly pay the annual membership
the legal services organization who participated in dues in the Integrated Bar of the Philippines, unless
the handling of a legal matter shall be covered by expressly exempt from such payment by law or
the rule on conflict of interest and confidentiality. rules.
CANON III, SECTION 21. CANON III, SECTION 27. CPR Canon 21
Lawyers in government service; conflict of interest. Confidentiality of privileged communication.
A lawyer shall preserve the
A lawyer currently serving in the government A lawyer shall maintain the confidences of the client, confidence and secrets of his
shall not practice law privately, unless otherwise and shall respect data privacy laws. The duty of client even after the
authorized by the Constitution, the law or applicable confidentiality shall continue even after the attorney-client relation is
Civil Service rules and regulations. If allowed, termination of the lawyer- client engagement. terminated.
private practice shall be upon the express authority
of the lawyer’s superior, for a stated specified
purpose or engagement, and only during an CANON III, SECTION 28. CPR Rule 21.03
approved leave of absence. However, the lawyer Protecting client confidences. A lawyer shall not, without the
shall not represent an interest adverse to the written consent of his client,
government. A lawyer shall not reveal the confidences of the give information from his files
client, including data from the client’s files, except; to an outside agency
CANON III, SECTION 22. seeking such information
Public Attorney’s Office; conflict of interest. a) When a written informed consent is obtained from for auditing, statistical,
the client; bookkeeping, accounting,
The Public Attorney’s Office is the primary legal aid data processing, or any
service office of the government. In the pursuit b) When required by law, such as anti-money similar purpose.
of its mandate under its charter, the Public laundering statutes, or the Rules of Court;
Attorney’s Office shall ensure ready access to its CPR Rule 21.01
services by the marginalized sectors of society in a c) To the extent necessary, to collect the lawyer’s
manner that takes into consideration the fees; A lawyer shall not reveal
avoidance of potential conflict of interest situations the confidences or secrets
which will leave these marginalized parties d) In defense of the lawyer, or the lawyer’s of his client except; a) When
unassisted by counsel. A conflict of interest of any employees or associates; or authorized by the client
of the lawyers of the Public Attorney’s Office after acquainting him of the
incident to services rendered for the Office shall e) By judicial order, but only if material. consequences of the
be imputed only to the said lawyer and the disclosure; b) When required
lawyer’s direct supervisor. Such conflict of by law; c) When necessary
interest shall not disqualify the rest of the to collect his fees or to
lawyers from the Public Attorney’s Office from defend himself, his
representing the affected client, upon full employees or associates or
disclosure to the latter and written informed by judicial action.
consent.
CANON III, SECTION 23. CPR Rule 14.02 Duty of confidentiality by former lawyers of a law
Amicus curiae. firm.
A lawyer shall not decline,
A lawyer shall not decline, without just cause, a except for serious and A lawyer shall continue to be bound by the rule
request by any court, tribunal, or other government sufficient cause, an on confidentiality pertaining to clients of his or her
agency to act as amicus curiae in any proceeding appointment as counsel de previous law office or law firm.
relating to the lawyer’s expertise or field of officio or as amicus curiae,
specialization. or a request from the CANON III, SECTION 30. CPR Rule 21.04
Integrated Bar of the Duty of confidentiality of members of a law firm.
Philippines or any of its A lawyer may disclose the
chapters for rendition of free A lawyer may disclose the legal matters affairs of a client of the firm to
legal aid. entrusted by a client of the firm to the partners and partners or associates thereof
associates, as well as paralegals, legal assistants, unless prohibited by the
CANON III, SECTION 24. CPR Canon 5 law clerks, legal researchers, law interns, and client.
Active involvement in legal education. other non-legal staff, who are or will be involved in
A lawyer shall keep the handling of the client’s account, unless CPR Rule 21.05
A lawyer shall keep abreast of legal abreast of legal expressly prohibited by the client. A lawyer directly
developments, participate in continuing legal developments, participate in entrusted with a client’s confidences shall adopt A lawyer shall adopt such
education programs, and support efforts to achieve continuing legal education necessary measures to prevent other members of measures as may be
standards of excellence in law schools as well as in programs, support efforts to the law firm, both legal and non-legal, to whom the required to prevent those
the practical training of law students. In addition, a achieve high standards in law client’s confidences have been shared, from whose services are utilized by
lawyer shall assist the Integrated Bar of the schools as well as in the disclosing or using them, without the written him, from disclosing or using
Philippines, law schools, law alumni practical training of law informed consent of the client. confidences or secrets of
associations, law associations, or civic students and assist in the clients.
organizations, in educating the public on the law and disseminating the law and
jurisprudence. The IBP Chapters shall provide jurisprudence. CANON III, SECTION 31. CPR Rule 21.06
supervising lawyers to the legal aid clinics in their Prohibition against filial disclosure.
jurisdiction. A lawyer shall avoid
A lawyer shall not discuss a client’s confidences indiscreet conversation about
CANON III, SECTION 25. even with family members. a client's affairs even with
Support for legal internship, apprenticeship and members of his family.
training.
CANON III, SECTION 32. CPR Rule 21.07
To prepare the next generation of lawyers for Non-disclosure of legal consultation. A lawyer shall not reveal that
ethical practice, lawyers shall support legal he has been consulted about
internship and apprenticeship programs and A lawyer shall not reveal that he or she has been a particular case except to
accept law students for training. The lawyer shall consulted about a particular case except to avoid avoid possible conflict of
treat the apprentices as junior colleagues and possible conflict of interest. interest.
future counsels, and shall conscientiously
supervise them.
Foreign lawyers.

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A law student clinic director and supervising lawyer,

Foreign lawyers cannot, directly or indirectly, under Rule 138-A of the Rules of Court shall provide
practice law in the Philippines. meaningful training to law students. They shall
assume responsibility for any work performed by
CANON III, SECTION 34. CPR Canon 4 the law student while under their supervision and
Active participation in the development of the legal A lawyer shall participate in shall comply with all the laws, rules, and guidelines
profession. the development of the pertaining to Law Student Practice.
A lawyer shall participate in the development of the legal system by initiating or
legal system by initiating or supporting efforts in supporting efforts in law CANON III, SECTION 41. CPR Rule 20.01
law reform, the improvement of the reform and in the Fair and reasonable fees. Canon 20 A Lawyer Shall
administration of justice, strengthening the judicial improvement of the Charge Only Fair And
and legal system, and advocacies in areas of administration of justice. A lawyer shall charge only fair and reasonable fees. Reasonable Fees.
special concern such as the environment, Attorney’s fees shall be deemed fair and
indigenous peoples’ rights, human rights, access reasonable if determined based on the following A lawyer shall be guided by
to justice and good governance. factors: the following factors in
determining his fees:
CANON III, SECTION 35. a) The time spent and the extent of the service
Limited Legal Services. rendered or required; (a) The time spent and the
b) The novelty and difficulty of the issues involved; extent of the services
Limited Legal Services refer to services for a rendered or required;
specific legal incident, with the expectation by the c) The skill or expertise of the lawyer, including
lawyer and the client that the lawyer will not provide the level of study and experience required for (b) The novelty and difficulty
continuing legal services in the matter. This includes the engagement; of the question involved;
being appointed as counsel de officio only for
arraignment purposes or special appearances to d) The probability of losing other engagements (c) The importance of the
make any court submission, to give advice, to draft as a result of acceptance of the case; subject matter;
legal documents, to provide legal assistance
before courts or administrative bodies, and the like. e) The customary charges for similar services and (d) The skill demanded;
In all instances, the lawyer shall state that the the recommended schedule of fees, which the
service being rendered is in the nature of Limited IBP chapter shall provide; (e) The probability of losing
Legal Services. A lawyer who renders Limited other employment as a result
Legal Services shall be entitled to compensation f) The quantitative or qualitative value of the of acceptance of the proffered
as may be agreed upon or provided by the Rules client’s interest in the engagement, or the case;
of Court. benefits resulting to the client from the service;
(f) The customary charges for
g) The contingency or certainty of compensation; similar services and the
CANON III, SECTION 36. CPR Rule 2.02 schedule of fees of the IBP
Pro bono Limited Legal Services. h) The character of the engagement, whether Chapter to which he belongs;
In such cases, even if the limited, seasonal, or otherwise; and
A lawyer appointed by the court as counsel de oficio lawyer does not accept a (g) The amount involved in
shall not refuse to render Limited Legal Services pro case, he shall not refuse to i) Other analogous factors. the controversy and the
bono on the ground of conflict of interest. Instead, render legal advice to the benefits resulting to the client
the lawyer shall disclose to all affected parties such person concerned if only to from the service;
conflict of interest. In any case, the lawyer may not the extent necessary to
refuse to render such pro bono legal services to the safeguard the latter's rights. (h) The contingency or
person concerned if only to the extent necessary to certainty of compensation;
safeguard the latter’s fundamental rights and not
to deprive such person of remedies available (i) The character of the
under the law or rules. A lawyer currently serving in employment, whether
the government shall not be exempt from pro bono occasional or established;
service and may be appointed by any court, and
tribunal, or other government agency as counsel
de officio, unless prohibited by law, or the (j) The professional standing
applicable Civil Service rules and regulations, or of the lawyer.
when there is a conflict of interest with government.
Rule 138 Section 24 -
CANON III, SECTION 37. Compensation of attorneys;
Duty of confidentiality in Limited Legal Services. agreement as to fees
A lawyer who provides Limited Legal Services must An attorney shall be entitled
protect the client’s private confidences to the to have and recover from his
same extent as if engaged under regular terms. client no more than a
reasonable compensation for
his services, with a view to
CANON III, SECTION 38. the importance of the subject
Termination of Limited Legal Services. matter of the controversy, the
extent of the services
Unless governed by Canon III, Section 36, a lawyer rendered, and the
must cease to provide Limited Legal Services to a professional standing of the
client when the lawyer becomes aware that there attorney. No court shall be
may be an actual or potential conflict of interest, bound by the opinion of
except with the written informed consent of the attorneys as expert witnesses
client. In all cases, the Limited Legal Services as to the proper
terminates upon the completion of such services. compensation, but may
disregard such testimony and
CANON III, SECTION 39. base its conclusion on its own
Limited Legal Services of law student practitioners. professional knowledge. A
written contract for services
The Limited Legal Services rendered by a law shall control the amount to be
student practitioner under the Clinical Legal paid therefor unless found by
Education Program shall be governed by the the court to be
CPRA. unconscionable or
unreasonable.
Accountability of legal clinic director and supervising CANON III, SECTION 42. Rule 20.02
lawyer. Division of fees upon referral. A lawyer shall, in case of
referral, with the consent of

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A lawyer shall, in case of referral of legal services in the client, be entitled to a judgment or in a separate partial judgment. In
favor of another lawyer with the written informed division of fees in proportion the case of a partial judgment, the same shall be
consent of the client, be entitled to a division of fees to the work performed and subject of appeal. An appeal in the main case shall
in proportion to the work performed and responsibility assumed. not stay the execution of the lawyer’s lien. In the
responsibility assumed. Where a lawyer undertakes execution of the judgment in the main case, the
to complete unfinished legal business of a deceased Rule 9.02 - A lawyer shall not court shall give due consideration to the pending
lawyer, a division or sharing of fees is allowed with divide or stipulate to divide a claim of the lawyer. If the claim for attorney’s lien
the deceased lawyer’s legal heirs or estate. fee for legal services with arises after a decision has been rendered by the
persons not licensed to court, tribunal, or other government agency of origin
CANON III, SECTION 43. practice law, except: on the action or proceeding, the claim for the
Non-Sharing of fees with non- lawyers. (a) Where there is a enforcement of the lien shall be by an
pre-existing agreement with a independent action.
A lawyer shall not share, split, or divide or partner or associate that,
stipulate to divide, directly or indirectly, a fee for upon the latter's death, CANON III, SECTION 48. Rule 138 Section 32.
legal services with persons or organizations not money shall be paid over a Compensation for counsel de oficio. Compensation for attorneys
licensed or authorized to practice law. reasonable period of time to de oficio. — Subject to
his estate or to persons Subject to availability of funds as may be provided availability of funds as may
specified in the agreement; or by law, the court may, in its discretion, order a be provided by the law the
lawyer engaged as counsel de officio to be court may, in its discretion,
(b) Where a lawyer compensated in such sum as the court may fix order an attorney employed
undertakes to complete following Canon III, Section 41, provided that it is as counsel de oficio to be
unfinished legal business of a not covered by the provision on Limited Legal compensates in such sum as
deceased lawyer; or Services. the court may fix in
accordance with section 24 of
(c) Where a lawyer or law firm this rule. Whenever such
includes non-lawyer compensation is allowed, it
employees in a retirement shall be not less than thirty
plan even if the plan is based pesos (P30) in any case, nor
in whole or in part, on a profit more than the following
sharing agreement. amounts:
CANON III, SECTION 44. CPR Rule 20.03 (1) Fifty pesos (P50) in light
Payment of compensation by third party. felonies;
A lawyer shall not, without (2) One hundred pesos
A lawyer shall not receive any fee, reward, the full knowledge and (P100) in less grave felonies;
costs, commission, interest, rebate or forwarding consent of the client, accept
allowance or other compensation from anyone any fee, reward, costs, (3) Two hundred pesos
other than the client, except upon the written commission, interest, rebate (P200) in grave felonies other
informed consent of such client. Receipt of or forwarding allowance or than capital offenses;
compensation from someone other than the other compensation
client must not interfere with the lawyer’s whatsoever related to his (4) Five Hundred pesos
independence, professional judgment, or the lawyer- professional employment (P500) in capital offenses.
client relationship. Neither should information from anyone other than the
relating to representation of a client be disclosed client. CANON III, SECTION 49. CPR Rule 16.01
in violation of the rule on privileged Accounting during engagement.
communication. A lawyer shall account for
A lawyer, during the existence of the lawyer- all money or property
CANON III, SECTION 45. client relationship, shall account for and prepare an collected or received for or
Prompt payment of legal fees. inventory of any fund or property belonging to from the client.
the client, whether received from the latter or
A lawyer is entitled to prompt payment from the from a third person, immediately upon such
client of attorney’s fees. Absent an express receipt. When funds are entrusted to a lawyer
agreement as to professional fees, a lawyer is by a client for a specific purpose, the lawyer shall
entitled to be paid reasonable attorney’s fees in use such funds only for the client’s declared
accordance with Canon III, Section 41. purpose. Any unused amount of the entrusted funds
shall be promptly returned to the client upon
CANON III, SECTION 46. CPR Rule 20.04 accomplishment of the stated purpose or the client’s
Controversy over legal fees. demand.
A lawyer shall avoid
A lawyer shall avoid any controversy with a controversies with clients CANON III, SECTION 50. CPR Rule 16.02
client concerning fees for legal services and concerning his Separate funds.
shall resort to judicial action solely to prevent compensation and shall A lawyer shall keep the funds
imposition, injustice or fraud. resort to judicial action only to A lawyer shall keep the funds of the clients separate of each client separate and
prevent imposition, injustice and apart from his or her own and those of others apart from his own and those
or fraud. kept by the lawyer. of others kept by him.
CANON III, SECTION 47. CANON III, SECTION 51. Civil Code Article 1491
Enforcement of attorney’s lien. Prohibition against acquiring interest in object of
litigation or transaction. The following persons cannot
In case of non-payment of attorney’s fees, a lawyer acquire by purchase, even at
may resort to the enforcement of the attorney’s A lawyer shall not acquire, directly or indirectly, a public or judicial auction,
lien under Canon III, Section 54, by filing a Notice a proprietary interest in the property or rights which either in person or through
of Enforcement of Attorney’s Lien with the court, is the object of any litigation or transaction in which the mediation of another xxx.
tribunal, or other government agency of origin the lawyer may take part by virtue of the profession.
where the action or proceeding the lawyer (5) Justices, judges,
rendered service for is pending, without prejudice prosecuting attorneys, clerks
to other remedies under the law or the Rules of of superior and inferior courts,
Court. The Notice shall be accompanied by proof of and other officers and
the services rendered, and served on the client. employees connected with
The court, tribunal, or other government agency, the administration of justice,
after hearing, shall determine the lawyer’s the property and rights in
entitlement to the claimed fees. The enforcement litigation or levied upon an
of an attorney’s lien shall be treated as an execution before the court
independent claim and shall in no instance delay the within whose jurisdiction or
resolution of the main case. The resolution of the territory they exercise their
lawyer’s claim may be included in the main respectives functions; this

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prohibition includes the act of determine that he ought to be

acquiring by assignment and For the payment of the compensation, the allowed to retire. In case of
shall apply to lawyers, with lawyer shall have a charging lien upon all substitution, the name of the
respect to the property and judgments for the payment of money, and attorney newly employed
rights which may be the executions issued in pursuance of such shall be entered on the
object of any litigation in judgment, rendered in the case where the lawyer’s docket of the court in place of
which they may take part by services had been retained by the client. the former one, and written
virtue of their profession. xxx notice of the change shall be
given to the advance party. A
CANON III, SECTION 52. client may at any time
Prohibition on lending and borrowing; exceptions. dismiss his attorney or
CPR Rule 16.04 substitute another in his
During the existence of the lawyer-client place, but if the contract
relationship, a lawyer shall not lend money to a A lawyer shall not borrow between client and attorney
client, except under urgent and justifiable money from his client unless has been reduced to
circumstances. Advances for professional fees and the client's interest are fully writing and the dismissal of
necessary expenses in a legal matter the lawyer is protected by the nature of the attorney was without
handling for a client shall not be covered by this the case or by independent justifiable cause, he shall
rule. Neither shall a lawyer borrow money from a advice. Neither shall a lawyer be entitled to recover from
client during the existence of the lawyer-client lend money to a client except, the client the full
relationship, unless the client’s interests are fully when in the interest of compensation stipulated in
protected by the nature of the case, or by justice, he has to advance the contract. However, the
independent advice. This rule does not apply to necessary expenses in a attorney may, in the
standard commercial transactions for products or legal matter he is handling for discretion of the court,
services that the client offers to the public in the client. intervene in the case to
general, or where the lawyer and the client have an protect his rights. For the
existing or prior business relationship, or where payment of his compensation
there is a contract between the lawyer and the the attorney shall have a lien
client. upon all judgments for the
payment of money, and
executions issued in
CANON III, SECTION 53. CPR Canon 22 pursuance of such
Termination of engagement by the lawyer. A Lawyer Shall Withdraw His judgment, rendered in the
Services Only For Good case wherein his services
A lawyer shall terminate the lawyer-client Cause And Upon Notice had been retained by the
engagement only for good cause and upon written Appropriate In The client.
notice, in any of the following cases: a) When the Circumstances.
client pursues an illegal or immoral course of
conduct in connection with the engagement; b) Rule 22.01 - A lawyer may CANON III, SECTION 55.
When the client insists that the lawyer pursue withdraw his services in any Termination of engagement upon death.
conduct that is violative of these Canons and rules; of the following case:
c) When the lawyer’s inability to work with a The death of the lawyer or client shall terminate
co-counsel will not promote the best interest of the (a) When the client pursues the lawyer-client relationship. The death of such
client; d) When the moral predisposition or the an illegal or immoral course lawyer shall not extinguish the lawyer-client
mental or physical condition of the lawyer renders of conduct in connection with engagement between the law firm and the client
it difficult to carry out the engagement effectively; e) the matter he is handling; handled by such law firm.
When the client deliberately fails to pay the fees for (b) When the client insists
the lawyer’s services, fails to comply with the that the lawyer pursue CANON III, SECTION 56. Rule 22.02 - A lawyer who
retainer agreement, or can no longer be found conduct violative of these Accounting and turn over upon termination of withdraws or is discharged
despite diligent efforts; f) When the lawyer is canons and rules; engagement. shall, subject to a retainer
elected or appointed to public office; g) Other lien, immediately turn over all
similar cases. (c) When his inability to work A lawyer who is discharged from or terminates papers and property to which
with co-counsel will not the engagement shall, subject to an attorney’s the client is entitled, and shall
promote the best interest of lien, immediately render a full account of and cooperative with his
the client; turn over all documents, evidence, funds, and successor in the orderly
properties belonging to the client. The lawyer shall transfer of the matter,
(d) When the mental or cooperate with the chosen successor in the orderly including all information
physical condition of the transfer of the legal matter, including all necessary for the proper
lawyer renders it difficult for information necessary for the efficient handling handling of the matter.
him to carry out the of the client’s representation. A lawyer shall have a
employment effectively; lien upon the funds, documents, and papers of the Rule 138 Section 37
client which have lawfully come into his or her Attorneys’ lien
(e) When the client possession and may retain the same until the fair
deliberately fails to pay the and reasonable fees and disbursements have been An attorney shall have a
fees for the services or fails to paid, and may apply such funds to the satisfaction lien upon the funds,
comply with the retainer thereof. documents and papers of his
agreement; client which have lawfully
come into his possession
(f) When the lawyer is elected and may retain the same
or appointed to public office; until his lawful fees and
and disbursements have been
(g) Other similar cases. paid, and may apply such
funds to the satisfaction
CANON III, SECTION 54. Rule 138 Section 26 thereof. He shall also have a
Termination of engagement by the client. Change of Attorneys lien to the same extent upon
all judgments for the
The lawyer-client engagement may be terminated An attorney may retire at any payment of money, and
by the client at any time upon loss of trust and time from any action or executions issued in
confidence. The termination of the engagement special proceeding, by the pursuance of such
shall not relieve the client from full payment of all written consent of his client judgments, which he has
professional fees due to the lawyer. If the filed in court. He may also secured in a litigation of his
engagement has been reduced to writing, the retire at any time from an client, from and after the time
lawyer shall be entitled to recover from the client the action or special proceeding, when he shall have the
full compensation stipulated, unless found by the without the consent of his caused a statement of his
court, tribunal or other government agency to be client, should the court, on claim of such lien to be
unconscionable or unreasonable under Canon III, notice to the client and entered upon the records of
Section 41 of the CPRA. attorney, and on hearing, the court rendering such
judgment, or issuing such

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execution, and shall have the CANON IV, SECTION 6. CPR Rule 18.04
caused written notice Duty to update the client.
thereof to be delivered to A lawyer shall keep the client
his client and to the A lawyer shall regularly inform the client of the informed of the status of his
adverse party; and he shall status and the result of the matter undertaken, case and shall respond
have the same right and and any action in connection thereto, and shall within a reasonable time to
power over such judgments respond within a reasonable time to the client’s the client's request for
and executions as his client request for information. information.
would have to enforce his lien
and secure the payment of CANON IV, SECTION 7. CPR Rule 12.03
his just fees and Extension of time to file. A lawyer shall not, after
disbursements. obtaining extensions of time
A lawyer shall avoid asking for an extension of time to file pleadings,
CANON IV: COMPETENCE AND DILIGENCE to file any pleading, motion, or other court memoranda or briefs, let
submission, except when allowed by the Rules of the period lapse without
A lawyer professionally handling a client’s cause shall, to the best of his or her Court or for good cause. When an extension is submitting the same or
ability, observe competence, diligence, commitment, and skill consistent with the obtained, the lawyer shall not let the period lapse offering an explanation for his
fiduciary nature of the lawyer-client relationship, regardless of the nature of the without submitting the pleading, motion, or other failure to do so.
legal matter or issues involved, and whether for a fee or pro bono. court submission, except upon the client’s decision
not to pursue the case any further or for other
CANON IV: SECTION 1. Rule 18.02 justifiable cause.
Competent, efficient and conscientious service.
A lawyer shall not handle any CANON IV, SECTION 8. CPR Canon 5
A lawyer shall provide legal service that is legal matter without adequate lifelong learning. A lawyer shall keep
competent, efficient and conscientious. A lawyer preparation. abreast of legal
shall be thorough in research, preparation and A competent lawyer engages in lifelong learning developments, participate in
application of the legal knowledge and skills through the continued development of professional continuing legal education
necessary for an engagement. skills. programs, support efforts to
achieve high standards in law
CANON IV: SECTION 2. CPR Rules 18.01 schools as well as in the
Undertaking legal services; collaborating counsel. practical training of law
A lawyer shall not undertake students and assist in
A lawyer shall only undertake legal services he or a legal service which he disseminating the law and
she can deliver. With the prior written consent of the knows or should know that he jurisprudence.
client, a lawyer may secure the services of a is not qualified to render.
collaborating counsel. However, he may render CANON IV, SECTION 9. CPR Rule 15.08.
such service if, with the Practice of law concurrent with another profession.
consent of his client, he can A lawyer who is engaged
obtain as collaborating A lawyer who is engaged in another profession in another profession or
counsel a lawyer who is or occupation concurrently with the practice of occupation concurrently with
competent on the matter. law shall expressly provide in the pertinent contract the practice of law shall
the nature of the services the lawyer is engaged to make clear to his client
CANON IV: SECTION 3. CPR Rule 18.03 perform. The practice of another profession or whether he is acting as a
Diligence and punctuality. occupation shall not jeopardize such lawyer’s lawyer or in another capacity.
A lawyer shall not neglect competence, integrity, probity, and independence
A lawyer shall diligently and seasonably act on any a legal matter entrusted to in rendering legal services.
legal matter entrusted by a client. A lawyer shall be him, and his negligence in
punctual in all appearances, submissions of connection therewith shall CANON IV, SECTION 10.
pleadings and documents before any court, tribunal render him liable. Non-legal activities.
or other government agency, and all matters
professionally referred by the client, including CPR Rule 11.03 A lawyer who is engaged in business or other
meetings and other commitments. non-legal profession shall likewise observe the
A lawyer shall abstain from ethical duties and responsibilities of a lawyer under
scandalous, offensive or the CPRA.
menacing language or
behavior before the Courts. CANON V: EQUALITY
CANON IV: SECTION 4. CPR Rule 12.04 Every lawyer shall adhere to the principle of equality and hold firmly the belief that
Diligence in all undertakings. A lawyer shall not unduly every person, regardless of nationality or ethnicity, color, sexual orientation or
delay a case, impede the gender identity, religion, disability, age, marital status, social or economic status,
A lawyer shall observe diligence in all execution of a judgment or and other like circumstances, has the fundamental right to equal treatment and
professional undertakings, and shall not cause or misuse Court processes. representation. As such, the lawyer shall accord equal respect, attention, dedication
occasion delay in any legal matter before any court, and zeal in advancing the client’s cause, regardless of personal opinion, religious
tribunal, or other agency. CPR Rule 12.01 or political beliefs pertaining on the personal circumstances of the client, except
A lawyer shall not appear for for justifiable reasons.
A lawyer shall appear for trial adequately familiar trial unless he has adequately
with the law, the facts of the case, and the prepared himself on the law CANON V, SECTION 1. CPR Rule 14.01
evidence to be presented. A lawyer shall also be and the facts of his case, Non-discrimination.
ready with the object and documentary evidence, as the evidence he will adduce A lawyer shall not decline
well as the judicial affidavits of the witnesses, when and the order of its A lawyer shall not decline to represent a person to represent a person solely
required by the rules or the court. proferrence. He should also solely on account of the latter’s nationality or on account of the latter's
be ready with the original ethnicity, sexual orientation or gender identity, race, sex. creed or status of
documents for comparison religion, disability, age, marital status, social or life, or because of his own
with the copies economic status, political beliefs, or such lawyer’s or opinion regarding the guilt
the public’s opinion regarding the guilt of said of said person.
CANON IV, SECTION 5. CPR Rule 15.01. person, except for justifiable reasons.
Prompt and objective assessment of the merits. A lawyer, in conferring with
a prospective client, shall CANON V, SECTION 2.
A lawyer shall, after reasonable inquiry, promptly ascertain as soon as Treatment of vulnerable persons.
give an objective assessment of the merits and practicable whether the
probable results of the client’s case. A lawyer shall matter would involve a In dealing with a client who belongs to a vulnerable
explain the viable options to the client to enable an conflict with another client or sector, a lawyer shall be mindful and sensitive of,
informed decision regarding the matter. his own interest, and if so, and consider the client’s special circumstances, as
shall forthwith inform the well as the applicable laws and rules.
prospective client.

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The lawyer shall observe a higher standard of discipline filed against incumbent Justices of the Supreme Court or by a
service suited to the particular needs of the Court of Appeals, Sandiganbayan, Court of Tax Chapter Board of Officers, or
vulnerable person and shall assert such person’s Appeals and judges of lower courts, or against at the instance of any
right to meaningful access to justice. lawyers in the judicial service, whether they are person, initiate and
charged singly or jointly with other respondents, and prosecute proper charges
A vulnerable person is a person who is at a higher whether such complaint deals with acts unrelated to against erring attorneys
risk of harm than others, and shall include children, the discharge of their official functions, shall be including those in the
the elderly, the homeless, persons with disability, forwarded by the IBP to the Supreme Court for government service.
persons deprived of liberty, human rights victims, appropriate disposition under Rule 140, as
victims of domestic violence, victims of armed amended. Six (6) copies of the verified
conflict, those who are socio-economically complaint shall be filed with
disadvantaged, those who belong to racial or the Secretary of the IBP or
ethnic minorities, or those with debilitating physical the Secretary of any of its
or mental conditions. chapter who shall forthwith
transmit the same to the
CANON V, SECTION 3. CPR Rule 14.03 IBP Board of Governors for
Indigent person. assignment to an
A lawyer may not refuse to investigator.
A lawyer shall not refuse the representation of an accept representation of an
indigent person, except if: (a) the lawyer is not in indigent client unless: a) he is CANON VI, SECTION 3.
a position to carry out the work effectively or not in a position to carry out Contents of the complaint.
competently due to a justifiable cause; (b) the the work effectively or
lawyer will be placed in a conflict-of- interest competently; b) he labors The complaint shall be verified. It shall state clearly and concisely the acts or
situation; or (c) the lawyer is related to the under a conflict of interest omissions complained of and shall be supported by judicial affidavits of the witnesses
potential adverse party, within the sixth degree of between him and the and such other documents in support thereof. If the verified complaint is filed
consanguinity or affinity, or to the adverse counsel, prospective client or before the IBP, six (6) copies thereof shall be filed with the Secretary of the IBP or
within the fourth degree. (14.03a) An indigent is any between a present client the Secretary of any of its chapters, who shall forthwith transmit the same to the IBP
person who has no money or property sufficient for and the prospective client. Board of Governors.
food, shelter and other basic necessities for oneself
and one’s family. CANON VI, SECTION 4.
List of Investigating Commissioners; qualifications.
CANON V, SECTION 4. CPR Rule 14.04
Standard of service. The IBP shall recommend to the Supreme Court one hundred fifty (150) lawyers
A lawyer who accepts the in good standing and repute, whom the IBP shall proportionately select from its nine
A lawyer shall observe the same standard of service cause of a person unable to (9) regions. (R139-B, sec. 2)
for all clients, regardless of remuneration, except for pay his professional fees
the higher standard required for representation of shall observe the same The IBP may periodically recommend the adjustment of the number of
vulnerable persons. standard of conduct Investigating Commissioners to the Supreme Court according to the existing
governing his relations with caseload.
paying clients.
The list, with the curriculum vitae of the recommended lawyers, shall be
CANON VI: ACCOUNTABILITY 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
By taking the Lawyer’s Oath, a lawyer becomes a guardian of the law and an Commissioners, who shall serve for a term of three (3) years, unless sooner
administrator of justice. As such, the lawyer shall observe the highest degree removed, replaced or resigned. An updated list shall be submitted by the IBP to
of morality, adhere to rigid standards of mental fitness, and faithfully comply with the the Supreme Court upon removal, replacement, or resignation of a lawyer
rules of the legal profession. Failure to honor this covenant makes the lawyer unfit to previously designated as Investigating Commissioner by the Supreme Court.
continue in the practice of law and accountable to society, the courts, the legal
profession, and the client. 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.
CANON VI, SECTION 1. Rule 139-B, Section 18
Nature of disciplinary proceedings against lawyers.
Proceedings against CANON VI, SECTION 5.
Disciplinary proceedings against lawyers shall be attorneys shall be private Assignment by raffle of Investigating Commissioner.
confidential in character and summary in nature. and confidential. However,
Nonetheless, the final order of the Supreme Court the final order of the The IBP Board of Governors shall assign by raffle an Investigating
shall be published like its decisions in other cases. Supreme Court shall be Commissioner from among the lawyers approved by the Supreme Court in the list
published like its decisions in submitted by the IBP or, when special circumstances so warrant, a panel of three (3)
other cases. Investigating Commissioners, to investigate the complaint.
CANON VI, SECTION 2. Rule 139 -B, Section 1. CANON VI, SECTION 6.
How instituted - Complaint against a government lawyer.
Proceedings for the
Proceedings for the disbarment, suspension, or disbarment, suspension, or When a complaint is filed against a government lawyer, the Investigating
discipline of lawyers may be commenced by the discipline of attorneys may Commissioner shall determine, within five days from assignment by raffle,
Supreme Court on its own initiative, or upon the be taken by the Supreme whether the concerned agency, the Ombudsman, or the Supreme Court has
filing of a verified complaint by the Board of Court motu propio, or by jurisdiction.
Governors of the Integrated Bar of the the Integrated Bar of the
Philippines (IBP), or by any person, before the Philippines (IBP) upon the If the allegations in the complaint touch upon the lawyer’s continuing obligations
Supreme Court or the IBP. verified complaint of any under the CPRA or if the allegations, assuming them to be true, make the lawyer
person. unfit to practice the profession, then the Investigating Commissioner shall proceed
However, a verified complaint against a government with the case. Otherwise, the Investigating Commissioner shall recommend that
lawyer which seeks to discipline such lawyer as a The complaint shall state the complaint be dismissed.
member of the Bar shall only be filed in the clearly and concisely the
Supreme Court. facts complained of and CANON VI, SECTION 7.
shall be supported by Disqualification of Investigating Commissioner.
A verified complaint filed with the Supreme Court affidavits of persons having
may be referred to the IBP for investigation, personal knowledge of the An Investigating Commissioner shall, on his or her own initiative or upon motion,
report and recommendation, except when filed facts therein alleged and/or recuse from acting as such on the grounds of relationship within the fourth
directly by the IBP, in which case, the verified by such documents as may degree of consanguinity or affinity with any of the parties or their counsel,
complaint shall be referred to the Office of the Bar substantiate said facts. professional legal relationship, pecuniary interest, or where he or she has acted as
Confidant or such fact-finding body as may be counsel for either party, unless, in the last instance, the parties sign and enter upon
designated. The IBP Board of the record their written consent.
Governors may, motu propio
Complaints for disbarment, suspension and or upon referral by the Where an Investigating Commissioner does not disqualify himself or herself, a party

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may file the appropriate motion for disqualification before the IBP Board of Governors. If the Investigating Commissioner finds that the complaint is not meritorious based
on the verified answer, the Investigating Commissioner shall recommend to the
The IBP Board of Governors shall resolve the motion within five days from receipt Supreme Court the dismissal of the complaint. Otherwise, the Supreme Court shall
thereof. direct the Investigating Commissioner to conduct further proceedings.
Upon vote of majority of the members present, there being a quorum, the IBP CANON VI, SECTION 16.
Board of Governors shall order the disqualification and designate a replace of the Irrelevance of desistance, settlement, compromise, restitution, withdrawal, or failure to
disqualified Investigating Commissioner. The decision of the IBP Board of prosecute.
Governors on the disqualification shall be final.
No investigation shall be interrupted or terminated by reason of the desistance,
CANON VI, SECTION 8. settlement, compromise, restitution, withdrawal of the charges, or failure of the
Duties of the Investigating Commissioner. complainant to prosecute the same.
The Investigating Commissioner shall investigate a complaint against any member CANON VI, SECTION 17.
of the Integrated Bar, and thereafter submit a report embodying the recommended Counsel de oficio.
action to the IBP Board of Governors, within a total period not exceeding one
hundred eighty (180) calendar days, from assignment by raffle. 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
CANON VI, SECTION 9. the investigation in case of need for such assistance.
Submissions allowed; verification.
CANON VI, SECTION 18.
The only submissions allowed are the complaint, answer, and position papers, all of Investigation.
which shall be verified. A Certificate of Non-Forum Shopping shall accompany the
verified complaint. An unverified complaint shall be recommended for outright Upon joinder of issues or upon failure of the respondent to answer, the Investigating
dismissal. An unverified answer or position paper shall not be considered. Commissioner shall proceed with the investigation of the case. However, if
despite reasonable notice, the respondent fails to file an answer or appear, the
CANON VI, SECTION 10. investigation shall proceed ex parte. In both instances, the investigation shall proceed
Prohibited submissions. with dispatch. The respondent shall be given full opportunity to defend and be
heard, whether through counsel or not, and to present witnesses. The
The following submissions are prohibited: Investigating Commissioner shall have the power to issue subpoena and administer
oaths and affirmations in relation to the conduct of the proceedings.
a) Motion to dismiss the complaint or petition, except on the ground of lack of
jurisdiction, litis pendentia or res judicata; CANON VI, SECTION 19.
Indirect contempt.
b) Motion for a bill of particulars;
Willful failure or refusal to obey a subpoena or any other lawful order issued by the
c) Motion to reopen or for new trial; Investigating Commissioner shall be dealt with as indirect contempt of court.
The Investigating Commissioner shall require the alleged contemnor to show
d) Petition for relief from judgment; 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
e) Supplemental pleadings; hearing, if necessary, in accordance with the procedure set forth under Canon
VI, Section 20 for hearings before the Investigating Commissioner. Such hearing
f) Motion for reconsideration of a judgment on the merits, except a motion for shall be terminated within fifteen (15) calendar days from commencement.
reconsideration of an interlocutory order or resolution. Thereafter, the Investigating Commissioner shall submit a report and
recommendation to the IBP Board of Governors within a period of fifteen (15)
CANON VI, SECTION 11. calendar days from termination of the contempt hearing.
Lack of prima facie showing of liability; outright dismissal.
Within thirty (30) calendar days from receipt of the Investigating Commissioner’s
Within fifteen (15) calendar days from assignment by raffle, if the Investigating report and recommendation on the contempt charge, the IBP Board of Governors,
Commissioner finds no prima facie showing of liability, the Investigating through a Resolution, may either adopt, modify or disapprove the
Commissioner shall recommend the outright dismissal of the complaint to the recommendation of the Investigating Commissioner. The action of the IBP Board of
Supreme Court. The Supreme Court may adopt the recommendation and dismiss Governors shall be immediately executory. The action of the IBP Board of Governors
the complaint outright. Otherwise, the Supreme Court shall direct the may be appealed to the Supreme Court. The execution of the order of contempt
Investigating Commissioner to conduct further proceedings. 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
CANON VI, SECTION 12. and performance of the final action in the contempt case, if decided against the
Effect of death of lawyer on administrative disciplinary cases. Disciplinary contemnor.
proceedings may not be instituted against a lawyer who has died. If such
proceedings have been instituted notwithstanding the lawyer’s death, the CANON VI, SECTION 20.
administrative case against said lawyer shall be dismissed. The death of the lawyer Submission of preliminary conference briefs.
during the pendency of the case shall cause its dismissal.
Immediately upon receipt of the verified answer, the Investigating Commissioner
CANON VI, SECTION 13. shall send a notice to the parties and counsels to simultaneously file, within a
Issuance of summons. non-extendible period of ten (10) calendar days from receipt of the notice, their
respective preliminary conference briefs which shall contain the following: a)
Within fifteen (15) calendar days from assignment by raffle, the Investigating Admissions; b) Stipulation of facts; c) Definition of issues; (CBD, Rule V, sec. 1) d)
Commissioner shall issue the required summons, attaching thereto a copy of Judicial affidavits and marked exhibits, accompanied by the lawyer’s certification
the verified complaint and supporting documents, if any. The summons shall require that the attached documents are the genuine or faithful reproductions of the
the respondent to file a verified answer. original in his or her custody or possession; e) Such other matters as may aid in
the prompt disposition of the action.

Verified answer. CANON VI, SECTION 21.
Preliminary conference order; position papers.
The answer shall be verified and filed within thirty (30) calendar days from
receipt of the summons. The verified answer shall be accompanied by judicial Within ten (10) calendar days from receipt of the preliminary conference briefs,
affidavits of the witnesses and such other documents in support thereof. The the Investigating Commissioner shall issue a Preliminary Conference Order, on the
respondent may, upon motion, for good cause, be given one extension of fifteen basis of such briefs submitted by the parties and counsels, summarizing the
(15) calendar days to file the verified answer. Two (2) copies of the verified answer stipulated facts, issues and marked exhibits. The Investigating Commissioner
shall be filed with the Investigating Commissioner, with proof of service on the shall further direct the parties to submit their verified position papers within a
complainant or the latter’s counsel. non-extendible period of ten (10) calendar days from receipt of the preliminary
conference order.

Dismissal after answer. CANON VI, SECTION 22.
Clarificatory hearing.

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Within ten (10) calendar days from receipt of the last position paper, the CANON VI, SECTION 30.
Investigating Commissioner shall determine whether there is a need to conduct a proceedings initiated before the Supreme Court.
hearing to clarify factual issues and confront witnesses. If deemed necessary, the
Investigating Commissioner shall set the hearing within fifteen (15) calendar days In proceedings initiated by the Supreme Court, or proceedings commenced by
from such determination, and identify the factual issues to be made subject of the complaint filed with the Supreme Court, the Supreme Court may refer the case for
hearing. The Investigating Commissioner may subpoena any witness to appear investigation, report and recommendation to the Office of the Bar Confidant, or the
at the hearing to answer clarificatory questions. Thereafter, the Investigating IBP, or other fact-finding body that is designated or created by the Supreme
Commissioner may allow the parties to confront the witnesses and propound Court for such purpose. Cases referred to the Office of the Bar Confidant, or other
their own clarificatory questions on the factual issues identified by the Investigating fact-finding body, or the IBP shall proceed in the same manner provided in
Commissioner. The clarificatory hearing may be done in-person or through Sections 5 to 29 of this Canon. In any event, the report and recommendation on
videoconferencing. If it is conducted in-person, the clarificatory hearing shall be the investigation shall be reviewed directly by the Supreme Court, which shall
done at the most convenient venue for the parties. The clarificatory hearing shall be take such necessary action on the report and recommendation as may be warranted.
terminated within thirty (30) calendar days from its commencement.
CANON VI, SECTION 23. Preventive suspension.
Minutes of proceedings.
After receipt of respondent’s answer or lapse of the period therefore, the Supreme
The proceedings before the IBP shall be recorded. 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
CANON VI, SECTION 24. Section 30, may suspend a lawyer from the practice of law during the pendency of the
Non-appearance of parties. 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
Non-appearance at the clarificatory hearing shall be deemed a waiver of the right interference with or obstruction of the investigation, tampering, concealment or
to participate therein. destruction of evidence, intimidating or exerting undue influence on any witness.
CANON VI, SECTION 25. CANON VI, SECTION 32.

Issuance of report and recommendation by the Investigating Commissioner. Quantum and burden of proof.
If there is no clarificatory hearing, the Investigating Commissioner shall render a In administrative disciplinary cases, the complainant has the burden of proof to
report and recommendation and submit the same to the IBP Board of Governors establish with substantial evidence the allegations against the respondent.
within a non-extendible period of sixty (60) calendar days from receipt of the last Substantial evidence is that amount of relevant evidence which a reasonable
position paper or lapse of the period given. In case the Investigating mind might accept as adequate to justify a conclusion.
Commissioner sets a clarificatory hearing, the report and recommendation shall
be rendered and submitted to the IBP Board of Governors within a CANON VI, SECTION 33.
non-extendible period of thirty (30) calendar days from the termination of the hearing. Serious offenses.
The report and recommendation shall be accompanied by the duly certified Serious offenses include:
transcript of stenographic notes, or in lieu thereof, the audio recording, if any, a) Gross misconduct, or any inexcusable, shameful or flagrant unlawful conduct;
or the Investigating Commissioner’s personal notes duly signed, which should be
attached to the records, together with the evidence presented during the b) Serious dishonesty, fraud, or deceit, including falsification of documents and
investigation. making untruthful statements;
The submission of the report need not await the transcription of the stenographic c) Bribery or corruption;
notes, it being sufficient that the report reproduce substantially from the d) Gross negligence in the performance of duty, or conduct that is reckless and
Investigating Commissioner’s personal notes any relevant and pertinent testimonies. inexcusable, which results in the client being deprived of his or her day in court;
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 e) Conviction of a crime involving moral turpitude;
case, appending thereto relevant electronic documents taken up or issued during
the hearing. 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;
Submission of Resolution by the Board of Governors. g) Misappropriating a client’s funds or properties;
The IBP Board of Governors shall have a non-extendible period of ninety (90) h) Gross ignorance of the law or procedure, or the disregard of basic rules and
calendar days from receipt of the Report and Recommendation of the settled jurisprudence, when either is attended by bad faith, malice or corrupt motive;
Investigating Commissioner, within which to submit to the Supreme Court its
Resolution adopting, modifying or disapproving such Report and Recommendation. i) Grossly undignified conduct prejudicial to the administration of justice;
j) Sexual abuse;
Depositions. k) Gender-based sexual harassment or discrimination;
Depositions may be taken in accordance with the Rules of Civil Procedure, as l) Open defiance to any order of the court, tribunal, or other government agency;
amended, with leave of the Investigating Commissioner.
m) Threat of physical or economic harm, amounting to a crime, directed at a fellow
CANON VI, SECTION 28. lawyer, the latter’s client or principal, a witness, or any official or employee of a
Filing and service. court, tribunal, or other government agency;
The filing and the service of papers or notices required by this Canon shall be made n) Willful and deliberate forum shopping, and forum shopping through gross
with the Commission, or upon the parties personally, by registered mail, negligence;
accredited courier, electronic mail or other electronic means, or as provided for
in international conventions to which the Philippines is a party. (CBD, Rule VI, sec. o) Intentional violation of the rule on privileged communication;
3; R13.5) 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 p) Violation of the notarial rules, except reportorial requirements, when attended
notices, orders and processes shall be served. Proof of filing and service shall by bad faith;
be submitted in accordance with the Rules of Civil Procedure, as amended.
q) Intentional violation of the conflict of interest rules;
CANON VI, SECTION 29. r) Influence-peddling or using one’s relationships to obtain a favorable action on,
Substantial defects; motion to reopen. 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
Any substantial defect in the complaint, notice, answer, or in the proceeding or the government agency;
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 s) Unlawful discrimination under Canon V; and
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 t) Sale, distribution, possession and/or use of illegal drugs or substances.
(60) calendar days from knowledge.

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CANON VI, SECTION 34. tainted with bad faith or malice, except when it is an element of the offense; 6) Lack
Less serious offenses. 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.
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 CANON VI, SECTION 39.
of established rules; b) Simple negligence in the performance of duty, or such Manner of imposition.
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 If one (1) or more aggravating circumstances and no mitigating circumstances
administrative disciplinary proceedings, including willful and deliberate are present, the Supreme Court may impose the penalties of suspension or fine
disobedience of the orders of the Supreme Court and the IBP; d) Simple for a period or amount not exceeding double of the maximum prescribed under this
dishonesty; e) Other violations of the conflict of interest rules; f) Prohibited borrowing Rule. The Supreme Court may, in its discretion, impose the penalty of disbarment
of money from a client; g) Prohibited lending of money; h) Other unlawful threats; i) depending on the number and gravity of the aggravating circumstances. If one
Instituting frivolous or baseless actions, on the basis of a final decision or order (1) or more mitigating circumstances and no aggravating circumstances are
dismissing such action for being frivolous or baseless; j) Violation of the sub judice present, the Supreme Court may impose the penalties of suspension or fine for a
rule; k) Deliberate failure or refusal to pay just debts; l) Termination of legal services period or amount not less than half of the minimum prescribed under the CPRA.
absent good cause and written notice; m) Use of intemperate or offensive If there are both aggravating and mitigating circumstances present, the
language before any court, tribunal, or other government agency; n) Unjustifiable Supreme Court may offset each other.
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. CANON VI, SECTION 40.
Penalty for multiple offenses.
CANON VI, SECTION 35. If the respondent is found liable for more than one (1) offense arising from
Light offenses. separate acts or omissions in a single administrative proceeding, the Court shall
impose separate penalties for each offense.
Light offenses include: a) Violation of IBP rules and issuances governing
membership in the IBP; b) Use of vulgar or offensive language in personal Should the aggregate of the imposed penalties exceed five (5) years of
dealings; c) Fraternizing with the officials or employees of a court, tribunal, or suspension from the practice of law or P1,000,000.00 in fines, the respondent
other government agency where the respondent has a pending case or cases, to may, in the discretion of the Supreme Court, be meted with the penalty of
such a degree and frequency as would give the appearance of power or disbarment. If a single act or omission gives rise to more than one (1) offense, the
influence over them, or which tends to create an impression of impropriety; d) respondent shall still be found liable for all such offenses, but shall, nonetheless,
Filing of frivolous motions for inhibition; e) Failure to promptly call upon client to only be meted with the appropriate penalty for the most serious offense.
rectify a fraudulent act; or f) Other similar or analogous infractions of the CPRA.

CANON VI, SECTION 36. Payment of fines and return of client’s money and property.
Assisting in the commission of an offense.
When the penalty imposed is a fine or the respondent is ordered to return the
Any lawyer who shall knowingly assist another lawyer in the commission of any client’s money or property, the respondent shall pay or return it within a period
serious, less serious, or light offense punished by the CPRA may also be held not exceeding three (3) months from receipt of the decision or resolution. If unpaid or
liable. unreturned, the Court may cite the respondent in indirect contempt.
CANON VI, SECTION 37. CANON VI, SECTION 42.

Sanctions. Penalty when the respondent has been previously disbarred.
a) If the respondent is found guilty of a serious offense, any of the following When the respondent has been previously disbarred and is subsequently found guilty
sanctions, or a combination thereof, shall be imposed: 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
1) Disbarment; penalty of a disbarment or suspension from the practice of law, it shall not be
2) Suspension from the practice of law for a period exceeding six (6) months; imposed but the penalty shall be recorded in the personal file of the disbarred
3) Revocation of notarial commission and disqualification as notary public for lawyer in the Office of the Bar Confidant or other office designated for the
not less than two (2) years; or 4) A fine exceeding Php100,000.00. 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.
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) Immediately executory; furnished copies.
month to six (6) months, or revocation of notarial commission and
disqualification as notary public for less than two(2) years; The decision or resolution pronouncing the respondent’s administrative liability is
2) A fine within the range of P35,000.00 to P100,000.00. 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
c) If the respondent is found guilty of a light offense, any of the following sanctions and local chapter to which the respondent belongs, and the Office of the Court
shall be imposed: Administrator for circulation to all the courts.
1) A fine within the range of P1,000.00 to P35,000.00; CANON VI, SECTION 44.
2) Censure; or Confidentiality.
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 Proceedings against lawyers shall be confidential. However, the final order of
aid program. In all instances, when the offense involves money or property the Supreme Court shall be published like its decisions in other cases.
owed, which is intrinsically linked to the lawyer-client relationship, the respondent
shall be ordered to return the same.
Sworn statement after service of suspension.
Modifying circumstances. 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
In determining the appropriate penalty to be imposed, the Court may, in its Bar Confidant, to show that the petitioner, during the period of suspension:
discretion, appreciate the following mitigating and aggravating circumstances: a)
Mitigating circumstances: 1) First offense, except in charges of gross misconduct, a) has not appeared before any court, tribunal or other government agency, whether
bribery or corruption, grossly immoral conduct, misappropriating a client’s funds in respect of current, former or prospective clients;
or properties, sexual abuse, and sale, distribution, possession and/or use of b) has not signed or filed any pleading or other court submission;
illegal drugs or substances; 2) Absence of bad faith or malice; 3) Return of the c) has duly informed his or her clients, law firm, law school where the lawyer is
amounts owed; 4) Expression of remorse; 5) Reconciliation with the complainant; 6) teaching, legal clinic, or other legal service organization of which he or she is a
Rectification of wrongdoing; 7) Act or omission did not prejudice the client; 8) Age; 9) member, regarding the suspension; and
Number of years in the practice of law; 10) Humanitarian considerations; and 11) d) has not otherwise performed any act, directly or indirectly, that amounts to the
Other analogous circumstances. b) Aggravating Circumstances: 1) Finding of practice of law.
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 The Sworn Statement shall state the date of the lawyer’s receipt of the order, decision
fraudulent means to conceal the offense; 5) Respondent’s act or omission was or resolution imposing the penalty of suspension, as well as a list of the

lOMoARcPSD|35170617
lawyer’s engagements affected by the suspension, indicating the relevant court, court, tribunal, or other government agency or office;
tribunal or other government agency, if any. c) Appearing as a representative of a client at a deposition or other discovery
matter;
Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP, d) Negotiating or transacting any legal matter for or on behalf of a client with third
to the Executive Judge of the courts where the suspended lawyer has pending parties; or
cases handled by him or her, and/or where he or she has appeared as counsel. e) Receiving, disbursing, or otherwise handling a client’s funds; or
f) Teaching law subjects in any educational institution.
CANON VI, SECTION 46. g) Acting and being commissioned as a Notary Public.
Resumption of practice of law.
A suspended lawyer shall immediately cease and desist from the practice of law
The Sworn Statement shall be considered as proof of the suspended lawyer’s until the suspension is lifted by the Supreme Court. Any client previously represented
compliance with the order of suspension. Such lawyers shall be allowed to by a suspended lawyer may engage the services of a new lawyer. The disbarment or
resume the practice of law upon the filing of the Sworn Statement before the suspension of a handling lawyer shall not terminate the lawyer-client engagement
Supreme Court. between the client and the law firm, unless the client chooses otherwise.
However, any false statement in the Sworn Statement shall be a ground for a
complaint for disbarment. CANON VI, SECTION 53.
Costs.
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 All reasonable and necessary expenses incurred in relation to disciplinary and
same to the Court for its immediate action. disbarment proceedings are lawful charges for which the parties may be taxed
as costs, subject to proof.
Reinstatement in the Roll of Attorneys. GENERAL PROVISIONS, SECTION 1.
Retroactive effect.
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 The CPRA shall be applied to all cases filed after its effectivity and also retroactively
disbarment. to all pending cases, except to the extent that in the opinion of the Court, its
application would not be feasible or would work injustice, in which case the procedure
CANON VI, SECTION 48. under which the cases were filed shall govern.
Petition for judicial clemency. — The verified petition for judicial clemency shall allege
the following: GENERAL PROVISIONS, SECTION 2.
Repealing clause.
(a) that the verified petition was filed after five years from the receipt of the order,
decision, or resolution of disbarment; The Code of Professional Responsibility of 1988, Sections 20 to 37 of Rule 138, and
(b) that the disbarred lawyer has fully complied with the terms and conditions of all Rule 139-B of the Rules of Court are repealed. Any resolution, circular, bar matter, or
prior disciplinary orders, including orders for restitution; administrative order issued by or principles established in the decisions of the
(c) that he or she recognizes the wrongfulness and seriousness of the misconduct for Supreme Court inconsistent with the CPRA are deemed modified or repealed
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 GENERAL PROVISIONS, SECTION 3.
wronged private offended party in the disbarment case, or if the same is not possible, Effectivity clause.
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 The CPRA shall take effect on April 11, 2023 and shall be published in the Official
apology; and Gazette or in two newspapers of national circulation.
(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.

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.

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.

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.

Prohibition against employment of disbarred or suspended lawyers.
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

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CPRA vs. CPR - Comparison of CPR and CPRA

Juris Doctor (St. Dominic Savio College )

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life, behave in a scandalous

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personnel. engage in private practice pertaining to any accept engagement or

A lawyer serving as a dean, administrative

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A lawyer shall not delegate to or permit a to any unqualified person the

RESPONSIBLE USE OF SOCIAL MEDIA CANON II, SECTION 44.

A lawyer, who uses a social media account to CANON III, SECTION 3.

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(g) A lawyer shall avoid testifying in behalf of the

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A law student clinic director and supervising lawyer,

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prohibition includes the act of determine that he ought to be

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CANON VI, SECTION 14.

CANON VI, SECTION 15.

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CANON VI, SECTION 25. CANON VI, SECTION 32.

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CANON VI, SECTION 41.

CANON VI, SECTION 37. CANON VI, SECTION 42.

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CANON VI, SECTION 49.

CANON VI, SECTION 50.

CANON VI, SECTION 51.

CANON VI, SECTION 52.

a) Providing legal consultation or advice;

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