Cpra Vs CPR Code of Professional Responsibility and Accountability Comparison
Cpra Vs CPR Code of Professional Responsibility and Accountability Comparison
Cpra Vs CPR Code of Professional Responsibility and Accountability Comparison
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C P R A 2023 Basis
PREAMBLE
Ethics is the experiential manifestation of moral standards. The observance of these standards of conduct
is both a function of personal choice and formal compulsion. A lawyer is ideally ethical by personal
choice. A code of ethics expressly adopted represents society’s consensus and dictate to conform to a
chosen norm of behavior that sustains the community’s survival and growth.
The Code of Professional Responsibility and Accountability, as an institutional imperative, is meant to
foster an environment where ethical conduct performs a dedicated role in the administration of justice.
In particular, the standards embodied in the Code of Professional Responsibility and Accountability
uniquely address the characteristics of the Filipino lawyer as an amalgamation of influences and
moorings, i.e., familial, cultural, religious, academic, political, and philosophical. Inherently a social being,
the Filipino lawyer inevitably develops and cultivates relations, preferences and biases. The conscious
adoption of ethical standards that accounts for such relationships and personal choices balanced against
the demands of right and justice is envisioned to govern and regulate these personal choices and make
them consistent with the institutional objectives.
The existence of a free and an independent society depends upon the recognition of the concept that
justice is based on the rule of law.
As a guardian of the rule of law, every lawyer, as a citizen, owes allegiance to the Constitution and the
laws of the land; as a member of the legal profession, is bound by its ethical standards in both private
and professional matters; as an officer of the court, assists in the administration of justice; and as a
client’s representative, acts responsibly upon a fiduciary trust.
An ethical lawyer is a lawyer possessed of integrity. Integrity is the sum total of all the ethical values that
every lawyer must embody and exhibit. A lawyer with integrity, therefore, acts with independence,
propriety, fidelity, competence and diligence, equality and accountability.
Failure to abide by the Code results in sanctions.
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C P R A 2023 Basis
CANON I: INDEPENDENCE
The independence of a lawyer in the discharge of
professional duties without any improper influence,
restriction, pressure, or interference, direct or indirect,
ensures effective legal representation and is ultimately
imperative for the rule of law.
CANON I, SECTION 1.
Independent, accessible, efficient and effective CPR CANON 2
legal service. A lawyer shall make his legal services
available in an efficient and convenient
A lawyer shall make legal services accessible in an efficient
manner compatible with the independence,
and effective manner. In performing this duty, a lawyer
integrity and effectiveness of the
shall maintain independence, act with integrity, and at all
profession.
times ensure the efficient and effective delivery of justice.
CANON I, SECTION 2.
Merit-based practice. CPR CANON 13
A lawyer shall rely upon the merits of his
A lawyer shall rely solely on the merits of a cause and not
cause and refrain from any impropriety
exert, or give the appearance of, any influence on, nor
which tends to influence, or gives the
undermine the authority of, the court, tribunal or other
appearance of influencing the court.
government agency, or its proceedings.
CANON I, SECTION 3.
Freedom from improper considerations and
external influences
CANON I, SECTION 4.
Non-interference by a lawyer. CPR Rule 13.03
A lawyer shall not brook or invite
Unless authorized by law or a court, a lawyer shall not
interference by another branch or agency
assist or cause a branch, agency, office or officer of the
of the government in the normal course of
government to interfere in any matter before any court,
judicial proceedings.
tribunal, or other government agency.
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C P R A 2023 Basis
CANON I, SECTION 5.
Lawyer’s duty and discretion in procedure and
strategy.
CPR Rule 19.03
A lawyer shall not allow the client to dictate or determine A lawyer shall not allow his client to dictate
the procedure in handling the case. the procedure in handling the case.
Nevertheless, a lawyer shall respect the client’s decision to
settle or compromise the case after explaining its
consequences to the client.
A lawyer shall not engage in unlawful, dishonest, immoral, A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
or deceitful conduct.
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C P R A 2023 Basis
CANON II, SECTION 3.
Safe environment; avoid all forms of abuse or
harassment.
A lawyer shall not create or promote an unsafe or hostile Safe Space Act (RA 11313)
environment, both in private and public settings, whether
online, in workplaces, educational or training institutions,
or in recreational areas.
To this end, a lawyer shall not commit any form of physical,
sexual, psychological, or economic abuse or violence
against another person. A lawyer is also prohibited from
engaging in any gender-based harassment or
discrimination.
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C P R A 2023 Basis
CANON II, SECTION 7.
Formal decorum and appearance.
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C P R A 2023 Basis
CANON II, SECTION 11.
False representations or statements; duty to
correct.
A lawyer shall not make false representations or
statements. A lawyer shall be liable for any material
damage caused by such false representations or
statements.
A lawyer shall not, in demand letters or other similar
correspondence, make false representations or
statements, or impute civil, criminal, or administrative
liability, without factual or legal basis.
A lawyer shall correct false or inaccurate statements and
information made in relation to an application for
admission to the bar, any pleading, or any other document
required by or submitted to the court, tribunal or agency,
as soon as its falsity or inaccuracy is discovered or made
known to him or her.
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C P R A 2023 Basis
CANON II, SECTION 13.
Imputation of a misconduct, impropriety, or
crime without basis.
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 legal basis.
Neither shall a lawyer, directly or indirectly, file or cause to
be filed, or assist in the filing of frivolous or baseless
administrative, civil, or criminal complaints against
another lawyer.
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C P R A 2023 Basis
CANON II, SECTION 16.
Duty to report life-threatening situations.
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C P R A 2023 Basis
CANON II, SECTION 19.
Sub-judice rule.
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C P R A 2023 Basis
CANON II, SECTION 22.
No undue advantage of ignorance of the law.
A lawyer shall not, directly or indirectly, encroach upon or CPR Rule 8.02
interfere in the professional engagement of another A lawyer shall not, directly or indirectly,
lawyer. encroach upon the professional
employment of another lawyer, however, it
This includes a lawyer’s attempt to communicate, is the right of any lawyer, without fear or
negotiate, or deal with the person represented by another favor, to give proper advice and assistance
lawyer on any matter, whether pending or not in any court, to those seeking relief against unfaithful or
tribunal, body, or agency, unless when initiated by the neglectful counsel.
client or with the knowledge of the latter’s lawyer.
A lawyer, however, may give proper advice and assistance
to anyone seeking relief against perceived unfaithful or
neglectful counsel based on the Code.
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C P R A 2023 Basis
CANON II, SECTION 26.
Definition of a law firm; choice of firm name.
CPR Rule 3.02
A law firm is any private office, partnership, or association,
In the choice of a firm name, no false,
exclusively comprised of a lawyer or lawyers engaged to
misleading or assumed name shall be used.
practice law, and who hold themselves out as such to the
The continued use of the name of a
public.
deceased partner is permissible provided
In the choice of a firm name, no false, misleading, or that the firm indicates in all its
assumed name shall be used. The continued use of the communications that said partner is
name of a deceased, incapacitated, or retired partner is deceased.
permissible provided that the firm indicates in all its
communications that said partner is deceased,
incapacitated, or retired.
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C P R A 2023 Basis
CANON II, SECTION 29.
Lawyers formerly in government service.
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C P R A 2023 Basis
CANON II, SECTION 31.
Prosecution of criminal cases.
CPR Rule 6.01
The primary duty of a public prosecutor is not to convict The primary duty of a lawyer engaged in
but to see that justice is done. public prosecution is not to convict but to
Suppressing facts, concealing of, tampering with or see that justice is done. The suppression of
destroying evidence, coaching a witness, or offering false facts or the concealment of witnesses
testimony is cause for disciplinary action. capable of establishing the innocence of
the accused is highly reprehensible and is
The obligations of a public prosecutor shall also be cause for disciplinary action.
imposed upon lawyers in private practice who are
authorized to prosecute under the direct supervision and
control of the public prosecutor.
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C P R A 2023 Basis
CANON II, SECTION 34.
Paralegal services; lawyer’s responsibility.
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C P R A 2023 Basis
RESPONSIBLE USE OF SOCIAL MEDIA
A lawyer shall uphold the dignity of the legal profession in
all social media interactions in a manner that enhances the
people’s confidence in the legal system, as well as
promote its responsible use.
CANON II, SECTION 36.
Responsible use.
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C P R A 2023 Basis
CANON II, SECTION 40.
Non-disclosure of privileged information through
online posts.
A lawyer shall not reveal, directly or indirectly, in his or her
online posts confidential information obtained from a
client or in the course of, or emanating from, the
representation, except when allowed by law or the CPRA.
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C P R A 2023 Basis
CANON II, SECTION 44.
Online posts that could violate conflict of interest.
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C P R A 2023 Basis
CANON III, SECTION 3.
Lawyer-client relationship.
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C P R A 2023 Basis
CANON III, SECTION 6.
Fiduciary duty of a lawyer. CPR Canon 17
A lawyer owes fidelity to the cause of his
A lawyer shall be mindful of the trust and confidence
client and he shall be mindful of the trust
reposed by the client.
and confidence reposed in him.
To this end, a lawyer shall not abuse or exploit the
relationship with a client.
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C P R A 2023 Basis
CANON III, SECTION 9.
CPR Rule 19.02
Duty to call client to rectify fraudulent act. A lawyer who has received information that
A lawyer who receives information that a client has, in the his client has, in the course of the
course of the representation, perpetrated a fraud in representation, perpetrated a fraud upon a
relation to any matter subject of the representation before person or tribunal, shall promptly call upon
a court, tribunal, or other government agency, or against the client to rectify the same, and failing
any officer thereof, shall promptly call upon the client to which he shall terminate the relationship
rectify the same. Such fraudulent act on the part of the with such client in accordance with the
client shall be a ground for the termination by the lawyer Rules of Court.
of the engagement.
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C P R A 2023 Basis
CANON III, SECTION 11.
Responsibility of a supervisory lawyer over a
supervised lawyer.
A supervisory lawyer shall co-sign a pleading or other
submission to any court, tribunal, or other government
agency with a supervised lawyer. A supervisory lawyer
shall be responsible for a violation of the CPRA by the
supervised lawyer in any of the following instances:
a) the supervisory lawyer orders or directs the specific
conduct or, with knowledge of the specific
conduct, ratifies it; or
b) the supervisory lawyer knows of such conduct at a
time when it could be prevented or its
consequences avoided or mitigated, but fails to
take reasonable remedial action; or
c) the supervisory lawyer should have known of the
conduct so that reasonable remedial action could
have been taken at a time when the consequences
of the conduct could have been avoided or
mitigated.
A supervisory lawyer is a lawyer having direct supervisory
authority over another lawyer, including a supervising
lawyer under Rule 138-A of the Rules of Court.
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C P R A 2023 Basis
CANON III, SECTION 13.
Conflict of interest.
A lawyer shall not represent conflicting interests except by CPR Rule 15.03.
written informed consent of all concerned given after a full A lawyer shall not represent conflicting
disclosure of the facts. interests except by written consent of all
There is conflict of interest when a lawyer represents concerned given after a full disclosure of
inconsistent or opposing interests of two or more persons. the facts.
The test is whether in behalf of one client it is the lawyer’s
duty to fight for an issue or claim, but which is his or her
duty to oppose for the other client.
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C P R A 2023 Basis
CANON III, SECTION 14.
Prohibition against conflict-of-interest
representation; current clients.
In relation to current clients, the following rules shall be
observed: (Con’t)
b) A lawyer shall not use confidential information
relating to representation of a client without the
client’s written informed consent, except as
permitted or required by law or the CPRA.
c) A lawyer shall not, by undue influence, acquire any
substantial gift from a client, including a
testamentary gift, or prepare on behalf of a client
an instrument giving the lawyer such gift, directly
or indirectly.
d) Unless with the written informed consent of the
client and subject to the application of the sub
judice rule, a lawyer shall not make or negotiate an
agreement giving the lawyer literary or media
rights to a portrayal or account based in
substantial part on information relating to the
representation.
e) A lawyer shall not accept compensation for
representing a client from any person other than
the client, unless:
1) the client gives written informed consent;
2) there is no interference with the lawyer’s
independence or professional judgment or
with the lawyer-client relationship; or
3) the information relating to representation of a
client is protected as required by the rule on
privileged communication.
f) A lawyer, who represents two or more clients in the
same case, in case there is a settlement or plea-
bargaining, shall disclose to all the clients the
existence and nature of all the claims or pleas
involved and the participation of each client in the
settlement or plea-bargaining.
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C P R A 2023 Basis
CANON III, SECTION 14.
Prohibition against conflict-of-interest CPR Rule 12.08
representation; current clients. A lawyer shall avoid testifying in behalf of
his client, except:
In relation to current clients, the following rules shall be a) on formal matters, such as the
observed: (Con’t)
mailing, authentication or custody
g) A lawyer shall avoid testifying in behalf of the client, of an instrument, and the like; or
except: b) on substantial matters, in cases
1) on formal matters, such as the mailing,
where his testimony is essential to
authentication or custody of an instrument,
the ends of justice, in which event
and the like; or
2) on substantial matters, in cases where the he must, during his testimony,
testimony is essential to the ends of justice, in entrust the trial of the case to
which event the lawyer must, during the another counsel.
testimony, entrust the trial of the case to
another counsel.
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C P R A 2023 Basis
CANON III, SECTION 17.
Prohibition against conflict-of- interest
representation; prospective clients.
In relation to prospective clients, the following rules shall
be observed: CPR Rule 15.01.
A lawyer, in conferring with a prospective
(a) A lawyer shall, at the earliest opportunity, ascertain the
client, shall ascertain as soon as practicable
existence of any conflict of interest between a prospective
whether the matter would involve a conflict
client and current clients, and immediately disclose the
with another client or his own interest, and
same if found to exist.
if so, shall forthwith inform the prospective
In case of an objection by either the prospective or current client.
client, the lawyer shall not accept the new engagement.
(b) A lawyer shall maintain the private confidences of a
prospective client even if no engagement materializes,
and shall not use any such information to further his or her
own interest, or the interest of any current client.
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C P R A 2023 Basis
CANON III, SECTION 19.
Corporate lawyers; conflict of interest.
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C P R A 2023 Basis
CANON III, SECTION 22.
Public Attorney’s Office; conflict of interest.
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C P R A 2023 Basis
CANON III, SECTION 25.
Support for legal internship, apprenticeship and
training.
To prepare the next generation of lawyers for ethical
practice, lawyers shall support legal internship and
apprenticeship programs and accept law students for
training.
The lawyer shall treat the apprentices as junior colleagues
and future counsels, and shall conscientiously supervise
them.
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C P R A 2023 Basis
CANON III, SECTION 29.
Duty of confidentiality by former lawyers of a
law firm.
A lawyer shall continue to be bound by the rule on
confidentiality pertaining to clients of his or her previous
law office or law firm.
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C P R A 2023 Basis
CANON III, SECTION 33.
Foreign lawyers.
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C P R A 2023 Basis
CANON III, SECTION 36.
Pro bono Limited Legal Services.
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C P R A 2023 Basis
CANON III, SECTION 39.
Limited Legal Services of law student
practitioners.
The Limited Legal Services rendered by a law student
practitioner under the Clinical Legal Education Program
shall be governed by the CPRA.
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C P R A 2023 Basis
CANON III, SECTION 42. CPR Rule 20.02
A lawyer shall, in case of referral, with the
Division of fees upon referral.
consent of the client, be en<tled to a division of
A lawyer shall, in case of referral of legal services in favor fees in propor<on to the work performed and
of another lawyer with the written informed consent of the responsibility assumed.
client, be entitled to a division of fees in proportion to the CPR Rule 9.02
work performed and responsibility assumed. A lawyer shall not divide or s<pulate to divide a
fee for legal services with persons not licensed
Where a lawyer undertakes to complete unfinished legal
to prac<ce law, except:
business of a deceased lawyer, a division or sharing of fees
a) Where there is a pre-exis<ng agreement
is allowed with the deceased lawyer’s legal heirs or estate.
with a partner or associate that, upon the
laHer's death, money shall be paid over a
reasonable period of <me to his estate or
CANON III, SECTION 43. to persons specified in the agreement; or
Non-Sharing of fees with non- lawyers. b) Where a lawyer undertakes to complete
unfinished legal business of a deceased
A lawyer shall not share, split, or divide or stipulate to lawyer; or
divide, directly or indirectly, a fee for legal services with c) Where a lawyer or law firm includes non-
persons or organizations not licensed or authorized to lawyer employees in a re<rement plan
practice law. even if the plan is based in whole or in
part, on a profit sharing agreement.
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C P R A 2023 Basis
CANON III, SECTION 46.
CPR Rule 20.04
Controversy over legal fees. A lawyer shall avoid controversies with
A lawyer shall avoid any controversy with a client clients concerning his compensation and
concerning fees for legal services and shall resort to shall resort to judicial action only to prevent
judicial action solely to prevent imposition, injustice or imposition, injustice or fraud.
fraud.
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C P R A 2023 Basis
CANON III, SECTION 48. Rule 138 Section 32.
Compensation for attorneys de oficio.
Compensation for counsel de oficio.
Subject to availability of funds as may be provided by the law
Subject to availability of funds as may be provided by law, the court may, in its discretion, order an attorney employed as
the court may, in its discretion, order a lawyer engaged as counsel de oficio to be compensates in such sum as the court
may fix in accordance with section 24 of this rule. Whenever
counsel de officio to be compensated in such sum as the such compensation is allowed, it shall be not less than thirty
court may fix following Canon III, Section 41, provided that pesos (P30) in any case, nor more than the following amounts:
it is not covered by the provision on Limited Legal Services. (1) Fifty pesos (P50) in light felonies; (2) One hundred pesos
(P100) in less grave felonies; (3) Two hundred pesos (P200) in
grave felonies other than capital offenses; (4) Five Hundred
pesos (P500) in capital offenses.
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C P R A 2023 Basis
CANON III, SECTION 52.
Prohibition on lending and borrowing; exceptions.
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C P R A 2023 Basis
CANON III, SECTION 54. Rule 138 Section 26.
Change of attorneys.
Termination of engagement by the client.
An attorney may retire at any time from any
The lawyer-client engagement may be terminated by the
action or special proceeding, by the written
client at any time upon loss of trust and confidence.
consent of his client filed in court. He may
The termination of the engagement shall not relieve the also retire at any time from an action or
client from full payment of all professional fees due to the special proceeding, without the consent of
lawyer. If the engagement has been reduced to writing, his client, should the court, on notice to the
the lawyer shall be entitled to recover from the client the client and attorney, and on hearing,
full compensation stipulated, unless found by the court, determine that he ought to be allowed to
tribunal or other government agency to be retire. In case of substitution, the name of
unconscionable or unreasonable under Canon III, Section the attorney newly employed shall be
41 of the CPRA. entered on the docket of the court in place
For the payment of the compensation, the lawyer shall of the former one, and written notice of the
have a charging lien upon all judgments for the payment change shall be given to the advance party.
of money, and executions issued in pursuance of such A client may at any time dismiss his
judgment, rendered in the case where the lawyer’s services attorney or substitute another in his place,
had been retained by the client. but if the contract between client and
attorney has been reduced to writing and
the dismissal of the attorney was without
justifiable cause, he shall be entitled to
recover from the client the full
compensation stipulated in the contract.
However, the attorney may, in the
discretion of the court, intervene in the case
to protect his rights. For the payment of his
compensation the attorney shall have a lien
upon all judgments for the payment of
money, and executions issued in pursuance
of such judgment, rendered in the case
wherein his services had been retained by
the client.
CANON III, SECTION 55.
Termination of engagement upon death.
The death of the lawyer or client shall terminate the
lawyer-client relationship. The death of such lawyer shall
not extinguish the lawyer-client engagement between the
law firm and the client handled by such law firm.
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C P R A 2023 Basis
CANON III, SECTION 56. CPR Rule 22.02
A lawyer who withdraws or is discharged
Accounting and turn over upon termination of shall, subject to a retainer lien, immediately
engagement. turn over all papers and property to which
A lawyer who is discharged from or terminates the the client is entitled, and shall cooperative
engagement shall, subject to an attorney’s lien, with his successor in the orderly transfer of
immediately render a full account of and turn over all the matter, including all information
documents, evidence, funds, and properties belonging to necessary for the proper handling of the
the client. matter.
The lawyer shall cooperate with the chosen successor in Rule 138 Section 37.
Attorneys' liens.
the orderly transfer of the legal matter, including all
information necessary for the efficient handling of the An attorney shall have a lien upon the
client’s representation. funds, documents and papers of his client
which have lawfully come into his
A lawyer shall have a lien upon the funds, documents, and
possession and may retain the same until
papers of the client which have lawfully come into his or
his lawful fees and disbursements have
her possession and may retain the same until the fair and
been paid, and may apply such funds to the
reasonable fees and disbursements have been paid, and
satisfaction thereof. He shall also have a lien
may apply such funds to the satisfaction thereof.
to the same extent upon all judgments for
the payment of money, and executions
issued in pursuance of such judgments,
which he has secured in a litigation of his
client, from and after the time when he shall
have the caused a statement of his claim of
such lien to be entered upon the records of
the court rendering such judgment, or
issuing such execution, and shall have the
caused written notice thereof to be
delivered to his client and to the adverse
party; and he shall have the same right and
power over such judgments and executions
as his client would have to enforce his lien
and secure the payment of his just fees and
disbursements.
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C P R A 2023 Basis
CANON IV: COMPETENCE AND DILIGENCE
A lawyer professionally handling a client’s cause shall, to
the best of his or her ability, observe competence,
diligence, commitment, and skill consistent with the
fiduciary nature of the lawyer-client relationship,
regardless of the nature of the legal matter or issues
involved, and whether for a fee or pro bono.
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C P R A 2023 Basis
CANON IV: SECTION 4. CPR Rule 12.04
Diligence in all undertakings. A lawyer shall not unduly delay a case,
impede the execution of a judgment or
A lawyer shall observe diligence in all professional
misuse Court processes.
undertakings, and shall not cause or occasion delay in any
legal matter before any court, tribunal, or other agency.
CPR Rule 12.01
A lawyer shall appear for trial adequately familiar with the A lawyer shall not appear for trial unless he
law, the facts of the case, and the evidence to be has adequately prepared himself on the law
presented. A lawyer shall also be ready with the object and and the facts of his case, the evidence he
documentary evidence, as well as the judicial affidavits of will adduce and the order of its proferrence.
the witnesses, when required by the rules or the court. He should also be ready with the original
documents for comparison with the copies.
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C P R A 2023 Basis
CANON IV, SECTION 8. CPR Canon 5
A lawyer shall keep abreast of legal
Lifelong learning. developments, participate in continuing
A competent lawyer engages in lifelong learning through legal education programs, support efforts
the continued development of professional skills. to achieve high standards in law schools as
well as in the practical training of law
students and assist in disseminating the law
and jurisprudence.
CANON IV, SECTION 9.
Practice of law concurrent with another
profession. CPR Rule 15.08.
A lawyer who is engaged in another
A lawyer who is engaged in another profession or profession or occupation concurrently with
occupation concurrently with the practice of law shall the practice of law shall make clear to his
expressly provide in the pertinent contract the nature of client whether he is acting as a lawyer or in
the services the lawyer is engaged to perform. another capacity.
The practice of another profession or occupation shall not
jeopardize such lawyer’s competence, integrity, probity,
and independence in rendering legal services.
CANON V: EQUALITY
Every lawyer shall adhere to the principle of equality and
hold firmly the belief that every person, regardless of
nationality or ethnicity, color, sexual orientation or gender
identity, religion, disability, age, marital status, social or
economic status, and other like circumstances, has the
fundamental right to equal treatment and representation.
As such, the lawyer shall accord equal respect, attention,
dedication and zeal in advancing the client’s cause,
regardless of personal opinion, religious or political beliefs
pertaining on the personal circumstances of the client,
except for justifiable reasons.
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C P R A 2023 Basis
CANON V, SECTION 1.
Non-discrimination. CPR Rule 14.01
A lawyer shall not decline to represent a
A lawyer shall not decline to represent a person solely on person solely on account of the latter's race,
account of the latter’s nationality or ethnicity, sexual
sex. creed or status of life, or because of his
orientation or gender identity, religion, disability, age, own opinion regarding the guilt of said
marital status, social or economic status, political beliefs, person.
or such lawyer’s or the public’s opinion regarding the guilt
of said person, except for justifiable reasons.
CANON V, SECTION 2.
Treatment of vulnerable persons.
In dealing with a client who belongs to a vulnerable sector,
a lawyer shall be mindful and sensitive of, and consider the
client’s special circumstances, as well as the applicable
laws and rules.
The lawyer shall observe a higher standard of service
suited to the particular needs of the vulnerable person and
shall assert such person’s right to meaningful access to
justice.
A vulnerable person is a person who is at a higher risk of
harm than others, and shall include children, the elderly,
the homeless, persons with disability, persons deprived of
liberty, human rights victims, victims of domestic violence,
victims of armed conflict, those who are socio-
economically disadvantaged, those who belong to racial
or ethnic minorities, or those with debilitating physical or
mental conditions.
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C P R A 2023 Basis
CANON V, SECTION 3.
Indigent person.
A lawyer shall not refuse the representation of an indigent CPR Rule 14.03
person, except if: A lawyer may not refuse to accept
(a) the lawyer is not in a position to carry out the work representation of an indigent client unless:
effectively or competently due to a justifiable cause; a) he is not in a position to carry out the
work effectively or competently;
(b) the lawyer will be placed in a conflict-of- interest
b) he labors under a conflict of interest
situation; or
between him and the prospective
(c) the lawyer is related to the potential adverse party,
client or between a present client
within the sixth degree of consanguinity or affinity, or to
the adverse counsel, within the fourth degree. (14.03a) and the prospective client.
CANON V, SECTION 4.
CPR Rule 14.04
Standard of service. A lawyer who accepts the cause of a person
A lawyer shall observe the same standard of service for all unable to pay his professional fees shall
clients, regardless of remuneration, except for the higher observe the same standard of conduct
standard required for representation of vulnerable governing his relations with paying clients.
persons.
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C P R A 2023 Basis
CANON VI, SECTION 1.
Nature of disciplinary proceedings against
Rule 139-B, Section 18.
lawyers. Confidentiality
Disciplinary proceedings against lawyers shall be Proceedings against attorneys shall be
confidential in character and summary in nature. private and confidential. However, the final
Nonetheless, the final order of the Supreme Court shall be order of the Supreme Court shall be
published like its decisions in other cases. published like its decisions in other cases.
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C P R A 2023 Basis
CANON VI, SECTION 3.
Contents of the complaint.
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C P R A 2023 Basis
CANON VI, SECTION 5.
Assignment by raffle of Investigating
Commissioner.
The IBP Board of Governors shall assign by raffle an
Investigating Commissioner from among the lawyers
approved by the Supreme Court in the list submitted by
the IBP or, when special circumstances so warrant, a panel
of three (3) Investigating Commissioners, to investigate
the complaint.
CANON VI, SECTION 6.
Complaint against a government lawyer.
When a complaint is filed against a government lawyer,
the Investigating Commissioner shall determine, within
five days from assignment by raffle, whether the
concerned agency, the Ombudsman, or the Supreme
Court has jurisdiction. If the allegations in the complaint
touch upon the lawyer’s continuing obligations under the
CPRA or if the allegations, assuming them to be true, make
the lawyer unfit to practice the profession, then the
Investigating Commissioner shall proceed with the case.
Otherwise, the Investigating Commissioner shall
recommend that the complaint be dismissed.
CANON VI, SECTION 7.
Disqualification of Investigating Commissioner.
An Investigating Commissioner shall, on his or her own
initiative or upon motion, recuse from acting as such on
the grounds of relationship within the fourth degree of
consanguinity or affinity with any of the parties or their
counsel, professional legal relationship, pecuniary interest,
or where he or she has acted as counsel for either party,
unless, in the last instance, the parties sign and enter upon
the record their written consent.
Where an Investigating Commissioner does not disqualify
himself or herself, a party may file the appropriate motion
for disqualification before the IBP Board of Governors. The
IBP Board of Governors shall resolve the motion within five
days from receipt thereof. Upon vote of majority of the
members present, there being a quorum, the IBP Board of
Governors shall order the disqualification and designate a
replace of the disqualified Investigating Commissioner.
The decision of the IBP Board of Governors on the
disqualification shall be final.
Compiled by Atty Tina Marie Coo
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C P R A 2023 Basis
CANON VI, SECTION 8.
Duties of the Investigating Commissioner.
The Investigating Commissioner shall investigate a
complaint against any member of the Integrated Bar, and
thereafter submit a report embodying the recommended
action to the IBP Board of Governors, within a total period
not exceeding one hundred eighty (180) calendar days,
from assignment by raffle.
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C P R A 2023 Basis
CANON VI, SECTION 11.
Lack of prima facie showing of liability; outright
dismissal.
Within fifteen (15) calendar days from assignment by
raffle, if the Investigating Commissioner finds no prima
facie showing of liability, the Investigating Commissioner
shall recommend the outright dismissal of the complaint
to the Supreme Court. The Supreme Court may adopt the
recommendation and dismiss the complaint outright.
Otherwise, the Supreme Court shall direct the
Investigating Commissioner to conduct further
proceedings.
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C P R A 2023 Basis
CANON VI, SECTION 14.
Verified answer.
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C P R A 2023 Basis
CANON VI, SECTION 17.
Counsel de oficio.
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C P R A 2023 Basis
CANON VI, SECTION 19.
Indirect contempt. (con’t)
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C P R A 2023 Basis
CANON VI, SECTION 21.
Preliminary conference order; position papers.
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C P R A 2023 Basis
CANON VI, SECTION 23.
Minutes of proceedings.
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C P R A 2023 Basis
CANON VI, SECTION 26.
Submission of Resolution by the Board of
Governors.
The IBP Board of Governors shall have a non-extendible
period of ninety (90) calendar days from receipt of the
Report and Recommendation of the Investigating
Commissioner, within which to submit to the Supreme
Court its Resolution adopting, modifying or disapproving
such Report and Recommendation.
P a g e | 55
C P R A 2023 Basis
CANON VI, SECTION 30.
Proceedings initiated before the Supreme Court.
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C P R A 2023 Basis
CANON VI, SECTION 33.
Serious offenses.
Serious offenses include:
a) Gross misconduct, or any inexcusable, shameful or
flagrant unlawful conduct;
b) Serious dishonesty, fraud, or deceit, including
falsification of documents and making untruthful
statements;
c) Bribery or corruption;
d) Gross negligence in the performance of duty, or
conduct that is reckless and inexcusable, which results
in the client being deprived of his or her day in court;
e) Conviction of a crime involving moral turpitude;
f) Grossly immoral conduct, or an act that is so corrupt or
false as to constitute a criminal act, or so immoral as
to be reprehensible to a high degree;
g) Misappropriating a client’s funds or properties;
h) Gross ignorance of the law or procedure, or the
disregard of basic rules and settled jurisprudence,
when either is attended by bad faith, malice or corrupt
motive;
i) Grossly undignified conduct prejudicial to the
administration of justice;
j) Sexual abuse;
k) Gender-based sexual harassment or discrimination;
l) Open defiance to any order of the court, tribunal, or
other government agency;
m) Threat of physical or economic harm, amounting to a
crime, directed at a fellow lawyer, the latter’s client or
principal, a witness, or any official or employee of a
court, tribunal, or other government agency;
n) Willful and deliberate forum shopping, and forum
shopping through gross negligence;
o) Intentional violation of the rule on privileged
communication;
p) Violation of the notarial rules, except reportorial
requirements, when attended by bad faith;
q) Intentional violation of the conflict of interest rules;
r) Influence-peddling or using one’s relationships to
obtain a favorable action on, or outcome in, any
pending matter or proceeding, directly or indirectly,
with or without monetary consideration, from any
officer of a court, tribunal or other government agency;
s) Unlawful discrimination under Canon V; and
t) Sale, distribution, possession and/or use of illegal drugs
or substances.
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C P R A 2023 Basis
CANON VI, SECTION 34.
Less serious offenses.
P a g e | 58
C P R A 2023 Basis
CANON VI, SECTION 35.
Light offenses.
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C P R A 2023 Basis
CANON VI, SECTION 37.
Sanctions.
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C P R A 2023 Basis
CANON VI, SECTION 38.
Modifying circumstances.
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C P R A 2023 Basis
CANON VI, SECTION 39.
Manner of imposition.
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C P R A 2023 Basis
CANON VI, SECTION 41.
Payment of fines and return of client’s money
and property.
When the penalty imposed is a fine or the respondent is
ordered to return the client’s money or property, the
respondent shall pay or return it within a period not
exceeding three (3) months from receipt of the decision or
resolution. If unpaid or unreturned, the Court may cite the
respondent in indirect contempt.
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C P R A 2023 Basis
CANON VI, SECTION 44.
Confidentiality.
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C P R A 2023 Basis
CANON VI, SECTION 46.
Resumption of practice of law.
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C P R A 2023 Basis
CANON VI, SECTION 48.
Petition for judicial clemency. (con’t)
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C P R A 2023 Basis
CANON VI, SECTION 50.
Investigation by the Office of the Bar Confidant
or other fact-finding body.
The Office of the Bar Confidant or any other fact-finding
body designated shall conduct and terminate the
investigation and submit to the Supreme Court its report
and recommendation within ninety (90) calendar days
from receipt of the referral.
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C P R A 2023 Basis
CANON VI, SECTION 52.
Prohibition against employment of disbarred or
suspended lawyer. (con’t)
A suspended lawyer shall immediately cease and desist
from the practice of law until the suspension is lifted by
the Supreme Court.
Any client previously represented by a suspended lawyer
may engage the services of a new lawyer.
The disbarment or suspension of a handling lawyer shall
not terminate the lawyer-client engagement between the
client and the law firm, unless the client chooses
otherwise.
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The CPRA shall be applied to all cases filed after its effectivity and also retroactively 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 under which the cases were filed shall govern.
The Code of Professional Responsibility of 1988, Sections 20 to 37 of Rule 138, and Rule 139-B of the
Rules of Court are repealed.
Any resolution, circular, bar matter, or administrative order issued by or principles established in the
decisions of the Supreme Court inconsistent with the CPRA are deemed modified or repealed.
GENERAL PROVISIONS, SECTION 3.
Effectivity clause.
The CPRA shall take effect on April 11, 2023 and shall be published in the Official Gazette or in two
newspapers of national circulation.