1. Cayetano v.

Monsod “Promulgate rules concerning the protection and

enforcement of constitutional rights, pleading, practice, and
201 SCRA 210
September 1991 procedure in all courts, the admission to the practice of law,
Ponente: Paras, J. the integrated bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
Facts: Respondent Christian Monsod was nominated by shall not diminish , increase, or modify substantive rights.
President Corazon C. Aquino to the position of chairman of Rules of procedure of special courts and quasi-judicial
the COMELEC. Petitioner opposed the nomination because bodies shall remain effective unless disapproved by the
allegedly Monsod does not possess required qualification of Supreme Court”
having been engaged in the practice of law for at least ten
years. The 1987 constitution provides in Section 1, Article 3. Rule 138 (Rules of Court)
IX-C: There shall be a Commission on Elections composed of
a Chairman and six Commissioners who shall be natural-
born citizens of the Philippines and, at the time of their Rule 138 of the Revised Rules of Court provides for the rules
appointment, at least thirty-five years of age, holders of a for Attorneys and Admission to the Bar.
college degree, and must not have been candidates for any
 Note: Please refer to Basic legal ethics book P35-49
elective position in the immediately preceding elections.
However, a majority thereof, including the Chairman, shall
be members of the Philippine Bar who have been engaged Section 1. Who may practice law. — Any person heretofore duly
admitted as a member of the bar, or hereafter admitted as such in
in the practice of law for at least ten years. accordance with the provisions of this rule, and who is in good and
regular standing, is entitled to practice law.
Issue: Whether the respondent does not posses the
Section 2. Requirements for all applicants for admission to the bar.
required qualification of having engaged in the practice of — Every applicant for admission as a member of the bar must be a
law for at least ten years. citizen of the Philippines, at least twenty-one years of age, of good
moral character, and resident of the Philippines; and must produce
before the Supreme Court satisfactory evidence of good moral
Held: In the case of Philippine Lawyers Association vs.
character, and that no charges against him, involving moral
Agrava, stated: The practice of law is not limited to the turpitude, have been filed or are pending in any court in the
conduct of cases or litigation in court; it embraces the Philippines.
preparation of pleadings and other papers incident to
Section 3. Requirements for lawyers who are citizens of the United
actions and special proceeding, the management of such States of America. — Citizens of the United States of America who,
actions and proceedings on behalf of clients before judges before July 4, 1946, were duly licensed members of the Philippine
and courts, and in addition, conveying. In general, all advice Bar, in active practice in the courts of the Philippines and in good
and regular standing as such may, upon satisfactory proof of those
to clients, and all action taken for them in matters facts before the Supreme Court, be allowed to continue such
connected with the law incorporation services, assessment practice after taking the following oath of office: See lawyer’s oath
and condemnation services, contemplating an appearance below
before judicial body, the foreclosure of mortgage,
Section 4. Requirements for applicants from other jurisdictions. —
enforcement of a creditor’s claim in bankruptcy and Applicants for admission who, being Filipino citizens, are enrolled
insolvency proceedings, and conducting proceedings in attorneys in good standing in the Supreme Court of the United States
attachment, and in matters of estate and guardianship have or in any circuit court of appeals or district court therein, or in the
highest court of any State or Territory of the United States, and who
been held to constitute law practice. Practice of law means can show by satisfactory certificates that they have practiced at least
any activity, in or out court, which requires the application five years in any of said courts, that such practice began before July
of law, legal procedure, knowledge, training and 4, 1946, and that they have never been suspended or disbarred,
may, in the discretion of the Court, be admitted without examination.
experience.
Section 5. Additional requirements for other applicants. — All
The contention that Atty. Monsod does not posses the applicants for admission other than those referred to in the two
preceding section shall, before being admitted to the examination,
required qualification of having engaged in the practice of
satisfactorily show that they have regularly studied law for four years,
law for at least ten years is incorrect since Atty. Monsod’s and successfully completed all prescribed courses, in a law school
past work experience as a lawyer-economist, a lawyer- or university, officially approved and recognized by the Secretary of
manager, a lawyer-entrepreneur of industry, a lawyer- Education. The affidavit of the candidate, accompanied by a
certificate from the university or school of law, shall be filed as
negotiator of contracts, and a lawyer-legislator (E-M-E-N-L) evidence of such facts, and further evidence may be required by the
of both rich and the poor – verily more than satisfy the court.
constitutional requirement for the position of COMELEC
No applicant shall be admitted to the bar examinations unless he has
chairman, The respondent has been engaged in the practice satisfactorily completed the following courses in a law school or
of law for at least ten years does In the view of the university duly recognized by the government: civil law, commercial
foregoing, the petition is DISMISSED. law, remedial law, criminal law, public and private international law,
political law, labor and social legislation, medical jurisprudence,
2. Article VIII Sec 5 (15) taxation and legal ethics.
 4. Lawyer’s Oath – The lawyer’s oath is not mere Rule 3.02 - In the choice of a firm name, no false, misleading or
assumed name shall be used. The continued use of the name of a
facile words, drift and hollow but a sacred trust that
deceased partner is permissible provided that the firm indicates in all
must be upheld and kept inviolable. It is NOT a its communications that said partner is deceased.
mere ceremony of formality for practicing law.
Every lawyer should at all times weigh his actions Rule 3.03 - Where a partner accepts public office, he shall withdrawal
from the firm and his name shall be dropped from the firm name
according to the sworn promises he made when unless the law allows him to practice law currently.
taking the lawyer’s oath.
Rule 3.04 - A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of, or in return for,
“I, do solemnly swear that I will maintain allegiance publicity to attract legal business.
to the Republic of the Philippines, I will support the
Constitution and obey the laws as well as the legal CANON 4 - A LAWYER SHALL PARTICIPATE IN THE
DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
orders of the duly constituted authorities therein; I
SUPPORTING EFFORTS IN LAW REFORM AND IN THE
will do no falsehood, nor consent to the doing of IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
any in court; I will not wittingly or willingly promote
or sue any groundless, false or unlawful suit, or give CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
aid nor consent to the same; I will delay no man for EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
money or malice, and will conduct myself as a HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
lawyer according to the best of my knowledge and PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
DISSEMINATING THE LAW AND JURISPRUDENCE.
discretion, with all good fidelity as well to the courts
as to my clients; and I impose upon myself these CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
voluntary obligations without any mental GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
TASKS.
reservation or purpose of evasion. So help me God.”
Rule 6.01 - The primary duty of a lawyer engaged in public
5. Preliminary Matter – CPR prosecution is not to convict but to see that justice is done. The
suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible
and is cause for disciplinary action.
CHAPTER I. THE LAWYER AND SOCIETY Rule 6.02 - A lawyer in the government service shall not use his
public position to promote or advance his private interests, nor allow
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, the latter to interfere with his public duties.
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR
LAW OF AND LEGAL PROCESSES. Rule 6.03 - A lawyer shall not, after leaving government service,
accept engagement or employment in connection with any matter in
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral which he had intervened while in said service.
or deceitful conduct.
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at
defiance of the law or at lessening confidence in the legal system. CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
encourage any suit or proceeding or delay any man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or Rule 7.01 - A lawyer shall be answerable for knowingly making a
settle a controversy if it will admit of a fair settlement. false statement or suppressing a material fact in connection with his
application for admission to the bar.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER Rule 7.02 - A lawyer shall not support the application for admission
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND to the bar of any person known by him to be unqualified in respect to
EFFECTIVENESS OF THE PROFESSION. character, education, or other relevant attribute.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the Rule 7.03 - A lawyer shall not engage in conduct that adversely
cause of the defenseless or the oppressed. reflects on his fitness to practice law, nor shall he whether in public
Rule 2.02 - In such cases, even if the lawyer does not accept a case, or private life, behave in a scandalous manner to the discredit of the
he shall not refuse to render legal advice to the person concerned if legal profession.
only to the extent necessary to safeguard the latter's rights.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH
Rule 2.03 - A lawyer shall not do or permit to be done any act COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
designed primarily to solicit legal business. PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL.
Rule 2.04 - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant. Rule 8.01 - A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise improper.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED the professional employment of another lawyer, however, it is the
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. right of any lawyer, without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or neglectful
Rule 3.01 - A lawyer shall not use or permit the use of any false, counsel.
fraudulent, misleading, deceptive, undignified, self-laudatory or
unfair statement or claim regarding his qualifications or legal
services.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR Rule 12.05 - A lawyer shall refrain from talking to his witness during
INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF a break or recess in the trial, while the witness is still under
LAW. examination.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the Rule 12.06 - A lawyer shall not knowingly assist a witness to
performance of any task which by law may only be performed by a misrepresent himself or to impersonate another.
member of the bar in good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness
legal services with persons not licensed to practice law, except: nor needlessly inconvenience him.

(a) Where there is a pre-existing agreement with a partner or Rule 12.08 - A lawyer shall avoid testifying in behalf of his client,
associate that, upon the latter's death, money shall be paid over a except:
reasonable period of time to his estate or to persons specified in the
agreement; or (a) on formal matters, such as the mailing, authentication or custody
(b) Where a lawyer undertakes to complete unfinished legal of an instrument, and the like; or
business of a deceased lawyer; or (b) on substantial matters, in cases where his testimony is essential
to the ends of justice, in which event he must, during his testimony,
(c) Where a lawyer or law firm includes non-lawyer employees in a entrust the trial of the case to another counsel.
retirement plan even if the plan is based in whole or in part, on a
profit sharing agreement. CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF
HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH
CHAPTER III. THE LAWYER AND THE COURTS TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND
GOOD FAITH TO THE COURT. Rule 13.01 - A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating familiarity with
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the Judges.
doing of any in Court; nor shall he mislead, or allow the Court to be
misled by any artifice. Rule 13.02 - A lawyer shall not make public statements in the media
regarding a pending case tending to arouse public opinion for or
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent against a party.
the contents of a paper, the language or the argument of opposing
counsel, or the text of a decision or authority, or knowingly cite as Rule 13.03 - A lawyer shall not brook or invite interference by another
law a provision already rendered inoperative by repeal or branch or agency of the government in the normal course of judicial
amendment, or assert as a fact that which has not been proved. proceedings.

Rule 10.03 - A lawyer shall observe the rules of procedure and shall CHAPTER IV. THE LAWYER AND THE CLIENT
not misuse them to defeat the ends of justice.
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE TO THE NEEDY.
RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS
AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS. Rule 14.01 - A lawyer shall not decline to represent a person solely
on account of the latter's race, sex. creed or status of life, or because
Rule 11.01 - A lawyer shall appear in court properly attired. of his own opinion regarding the guilt of said person.
Rule 14.02 - A lawyer shall not decline, except for serious and
Rule 11.02 - A lawyer shall punctually appear at court hearings. sufficient cause, an appointment as counsel de officio or as amicus
curiae, or a request from the Integrated Bar of the Philippines or any
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or of its chapters for rendition of free legal aid.
menacing language or behavior before the Courts.
Rule 14.03 - A lawyer may not refuse to accept representation of an
Rule 11.04 - A lawyer shall not attribute to a Judge motives not indigent client if:
supported by the record or have no materiality to the case.
(a) he is not in a position to carry out the work effectively or
Rule 11.05 - A lawyer shall submit grievances against a Judge to the competently;
proper authorities only. (b) he labors under a conflict of interest between him and the
prospective client or between a present client and the prospective
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND client.
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE. Rule 14.04 - A lawyer who accepts the cause of a person unable to
pay his professional fees shall observe the same standard of
Rule 12.01 - A lawyer shall not appear for trial unless he has conduct governing his relations with paying clients.
adequately prepared himself on the law and the facts of his case, the
evidence he will adduce and the order of its preferrence. He should CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS
also be ready with the original documents for comparison with the AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS
copies. WITH HIS CLIENTS.
Rule 12.02 - A lawyer shall not file multiple actions arising from the
same cause. Rule 15.01. - A lawyer, in conferring with a prospective client, shall
ascertain as soon as practicable whether the matter would involve a
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to conflict with another client or his own interest, and if so, shall
file pleadings, memoranda or briefs, let the period lapse without forthwith inform the prospective client.
submitting the same or offering an explanation for his failure to do
so. Rule 15.02.- A lawyer shall be bound by the rule on privilege
communication in respect of matters disclosed to him by a
Rule 12.04 - A lawyer shall not unduly delay a case, impede the prospective client.
execution of a judgment or misuse Court processes.
Rule 15.03. - A lawyer shall not represent conflicting interests except Rule 19.02 - A lawyer who has received information that his client
by written consent of all concerned given after a full disclosure of the has, in the course of the representation, perpetrated a fraud upon a
facts. person or tribunal, shall promptly call upon the client to rectify the
same, and failing which he shall terminate the relationship with such
Rule 15.04. - A lawyer may, with the written consent of all concerned, client in accordance with the Rules of Court.
act as mediator, conciliator or arbitrator in settling disputes.
Rule 19.03 - A lawyer shall not allow his client to dictate the
Rule 15.05. - A lawyer when advising his client, shall give a candid procedure in handling the case.
and honest opinion on the merits and probable results of the client's
case, neither overstating nor understating the prospects of the case. CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES.
Rule 15.06. - A lawyer shall not state or imply that he is able to
influence any public official, tribunal or legislative body. Rule 20.01 - A lawyer shall be guided by the following factors in
determining his fees:
Rule 15.07. - A lawyer shall impress upon his client compliance with (a) the time spent and the extent of the service rendered or required;
the laws and the principles of fairness. (b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
Rule 15.08. - A lawyer who is engaged in another profession or (d) The skill demanded;
occupation concurrently with the practice of law shall make clear to (e) The probability of losing other employment as a result of
his client whether he is acting as a lawyer or in another capacity. acceptance of the proffered case;
(f) The customary charges for similar services and the schedule of
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS fees of the IBP chapter to which he belongs;
AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS (g) The amount involved in the controversy and the benefits resulting
PROFESSION. to the client from the service;
(h) The contingency or certainty of compensation;
Rule 16.01 - A lawyer shall account for all money or property (i) The character of the employment, whether occasional or
collected or received for or from the client. established; and
(j) The professional standing of the lawyer.
Rule 16.02 - A lawyer shall keep the funds of each client separate
and apart from his own and those of others kept by him. Rule 20.02 - A lawyer shall, in case of referral, with the consent of
the client, be entitled to a division of fees in proportion to the work
Rule 16.03 - A lawyer shall deliver the funds and property of his client performed and responsibility assumed.
when due or upon demand. However, he shall have a lien over the
funds and may apply so much thereof as may be necessary to satisfy Rule 20.03 - A lawyer shall not, without the full knowledge and
his lawful fees and disbursements, giving notice promptly thereafter consent of the client, accept any fee, reward, costs, commission,
to his client. He shall also have a lien to the same extent on all interest, rebate or forwarding allowance or other compensation
judgments and executions he has secured for his client as provided whatsoever related to his professional employment from anyone
for in the Rules of Court. other than the client.

Rule 16.04 - A lawyer shall not borrow money from his client unless Rule 20.04 - A lawyer shall avoid controversies with clients
the client's interest are fully protected by the nature of the case or by concerning his compensation and shall resort to judicial action only
independent advice. Neither shall a lawyer lend money to a client to prevent imposition, injustice or fraud.
except, when in the interest of justice, he has to advance necessary
expenses in a legal matter he is handling for the client. CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF CLIENT RELATION IS TERMINATED.
HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
CONFIDENCE REPOSED IN HIM. Rule 21.01 - A lawyer shall not reveal the confidences or secrets of
his client except;
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH (a) When authorized by the client after acquainting him of the
COMPETENCE AND DILIGENCE. consequences of the disclosure;
(b) When required by law;
Rules 18.01 - A lawyer shall not undertake a legal service which he (c) When necessary to collect his fees or to defend himself, his
knows or should know that he is not qualified to render. However, he employees or associates or by judicial action.
may render such service if, with the consent of his client, he can
obtain as collaborating counsel a lawyer who is competent on the Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use
matter. information acquired in the course of employment, nor shall he use
the same to his own advantage or that of a third person, unless the
Rule 18.02 - A lawyer shall not handle any legal matter without client with full knowledge of the circumstances consents thereto.
adequate preparation.
Rule 21.03 - A lawyer shall not, without the written consent of his
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to client, give information from his files to an outside agency seeking
him, and his negligence in connection therewith shall render him such information for auditing, statistical, bookkeeping, accounting,
liable. data processing, or any similar purpose.
Rule 18.04 - A lawyer shall keep the client informed of the status of
his case and shall respond within a reasonable time to the client's Rule 21.04 - A lawyer may disclose the affairs of a client of the firm
request for information. to partners or associates thereof unless prohibited by the client.

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH Rule 21.05 - A lawyer shall adopt such measures as may be required
ZEAL WITHIN THE BOUNDS OF THE LAW. to prevent those whose services are utilized by him, from disclosing
or using confidences or secrets of the clients.
Rule 19.01 - A lawyer shall employ only fair and honest means to
attain the lawful objectives of his client and shall not present, Rule 21.06 - A lawyer shall avoid indiscreet conversation about a
participate in presenting or threaten to present unfounded criminal client's affairs even with members of his family.
charges to obtain an improper advantage in any case or proceeding.
Rule 21.07 - A lawyer shall not reveal that he has been consulted attorneys and thereby may practice law in
about a particular case except to avoid possible conflict of interest.
the Philippines.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES
ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE
IN THE CIRCUMSTANCES. c. Counsel de parte – an attorney retained by
Rule 22.01 - A lawyer may withdraw his services in any of the a party litigant, usually for a fee, to
following case: prosecute or defend his cause in court. The
(a) When the client pursues an illegal or immoral course of conduct term implies freedom of choice on the part
in connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct violative
of the attorney to decline or accept the
of these canons and rules; employment on the part of the attorney to
(c) When his inability to work with co-counsel will not promote the decline or accept the employment or on the
best interest of the client;
part of the litigant to continue or terminate
(d) When the mental or physical condition of the lawyer renders it
difficult for him to carry out the employment effectively; the retainer at any time; usually with
(e) When the client deliberately fails to pay the fees for the services compensation from the client.
or fails to comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases. d. Counsel de officio – an attorney appointed
by the court to defend an indigent
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject defendant in a criminal case or to represent
to a retainer lien, immediately turn over all papers and property to
which the client is entitled, and shall cooperative with his successor
a destitute party in a case; it connotes little
in the orderly transfer of the matter, including all information or no choice than the acceptance by the
necessary for the proper handling of the matter. indigent party of whoever is appointed as
his counsel; usually minimum
compensation or none at all

e. “of counsel” – is an experienced lawyer,

who is usually is a retired member of the
4 folds duties of lawyer judiciary, employed by lawfirms as
consultants

FOUR FOLD DUTIES OF A LAWYER f. Attorney of record – an attorney whose

1. His duties towards the courts; name together with his address is entered
2. His duties towards the society;
3. His duties towards his colleagues in the profession; in the record of the case as the designated
4. His duties to his client. counsel of the party litigant in the case and
to whom judicial notices relative thereto
are sent.

g. Amicus Curiae – “friend of the court”; an

1. Definition of terms
experienced and impartial attorney invited
by the court to appear and help in the
a. Legal Ethics – is a branch of moral science,
disposition of certain issues submitted to it.
which treats of the duties which an
attorney owes to the court, to the client, his
colleagues in the profession, and to the
h. Titulo de abogado – It means not mere
public as embodied in the Constitution,
possession of the academic degree of
Rules of Court, the Code of Professional
Bachelor of Laws but membership in the
Responsibility, Canons of Professional
Bar after due admission thereto, qualifying
Ethics, Jurisprudence, Moral laws and
one for the practice of law.
special Laws.
i. Bench – members of the judiciary
b. Lawyer – refers to that class of persons
who, by license are officers of the court and
j. Bar – the legal profession. Refers to the
who are empowered to appear, prosecute
whole body of attorneys and body of
and defend (A-P-E) and on whom peculiar
judges.
duties, responsibilities and liabilities (P-R-L)
are devolved by law as a consequence;
those who have passed the regular
k. Moral turpitude – “includes everything
Philippine Bar examinations, taken the
which is done contrary to justice, honesty,
lawyer’s oath, and signed the roll of
modesty, or good morals.” (J-H-M-G) The
 inherent nature of the act is such that it is parties or the circumstances of their
against good moral and the accepted rule dealings.
of right conduct.
r. Immoral conduct – conduct which is so
l. Good moral character – as officers of the willful, flagrant, or shameless (W-F-S) as to
court, lawyers must not only in fact of good show indifference to the opinion of good
moral character but must also be seen to be and respectable members of the
of good moral character and leading lives in community.
accordance with the highest moral
standards of the community. More Furthermore, such conduct must not only
specifically, a member of the Bar and officer be immoral, but GROSSLY IMMORAL. That
of the court is not only required to refrain is, it must be so corrupt as to constitute a
from adulterous relationships or the criminal act or so unprincipled as to be
keeping of mistresses but mist also so reprehensible to a high degree or
behave himseld as to avoid scandalizing the committed under such scandalous or
public by creating the belief that he is revolting circumstances as to shock the
flouting those moral standards. common sense of decency.

Good Moral charater is a cointinuing s. Ambulance chasing – is the solicitation of

qualification required of every member of almost any kind of legal business by an
the bar. Thus when a lawyer fails to meet attorney, personally or through an agent in
the exacting standard of moral integrity, order to gain employment.
the SC may withdraw his or her privilege to
practice law. t. Atty. Lien – The right of a lawyer to hold a
client’s property or money until payment
m. Solicitor – has been made for legal aid and advice
given.
n. Advocate –the general and popular name
for lawyer who pleads on behalf of In general, a lien is a security interest used
someone else. by a creditor too ensure payment by a
debtor for money owed. Since an attorney
o. Attorney-in-fact – an agent whose is ensure payment by a debtor for money
authority is strictly limited by the owed. Since an attorney is entitled to
instrument appointing him, though he may payment for services performed, the
fo things not mentioned in his appointment attorney has a claim on a client’s property
necessary to the performance of the duties until compensation is duly made.
specifically required of him by the power of
attorney appointing him, such authority u. Sub judice rule – restricts comments and
being necessarily implied. He is not disclosures pertaining to pending judicial
necessarily a lawyer. proceedings. The restriction applies not
only to participants in the pending case, to
p. Attorney-at-law – That class of persons members of the bar and the bench, and to
who are licensed officers of the courts, litigants and witnesses but also to the
empowered to appear, prosecute and public in general which necessarily includes
defend and upon peculiar duties, the media.
responsibilities and liabilities are developed
by law as a consequence. Comments on the merits of the case may
refer to the credibility of witnesses, the
character of the accused, the soundness of
q. Assumpsit – (Latin, he undertook or he the alibis offered, the relevance of the
promised) A promise by which someone evidence presented, and generally any
assumes or undertakes an obligation to other comment bearing on the guilt or
another person. The promise may be oral or innocence of the accused. The danger
in writing, but it is not under seal. It is posed by this class of speech is the undue
express when the person making the influence it may directly exert on the court
promise puts it into distinct and specific in the resolution of the criminal case, or
language, but it may also be implied indirectly through the public opinion it may
because the law sometimes imposes generate against the accused and the
obligations based on the conduct of the
 adverse impact this public opinion may Berenguer v. Caranza
have during the trial.
Occenia v. Marquez

In Re Almacen
In Re Cunanan
Santiago v. Fojas

Montecillo v. Gica
Alawi vs Alaguer
Nakpil v. Valdez

Abaqueta vs. florido

In re Integration of the Bar

Ulep vs Clinic

Uy Cheng Seng v. Magat

Guevarra v. Eala Puyat v. De Guzman

Fernandez v. Grecia

Atty. Vitriolo, et at v. Atty. Dascig

Cordova v. Cordova

Toledo v. Toledo

People v. Villanueva

Narag v. Narag

Tan Jr. v. Sembillo

Reyes vs. Chiong Jr. 405 scra 212

Uy vs. Depasucat

Barandon vs. Ferrer 616 scra 529

Foodsphere Inc. vs. Atty. Mauricio 593 scra 367

Mecaral v. Velasquez

Mendoza v. Deciembre

OCA v. Indar 2012

Tumbukon v. Pefianco

Ang v. Gupana

Regala v. Sandiganbayan

Pacana v. Lopez

Padillo v. CA

Artiaga jr v. Villanueva

Austria v. Masaquel

In re election of IBP

Surigao v cloribel

Komatsu v. CA