[SACLAYAN, KATHLEEN KAYE V.

| 3B]

I.

INTRODUCTION TO LEGAL ETHICS

1. Director of Religious Affairs vs. Bayot
The advertisement of (law services) is a flagrant violation of the ethics of
the law profession. Section 25, Rule 127 provides, among other things,
that the practice of soliciting cases at law for the purpose of gain, either
personally or thru paid agents or brokers, constitute malpractice.

2. Ledesma vs. Climaco

Withdrawal as counsel de oficio by an attorney on the ground of his
appointment as Election Registrar by the Commission on Elections is not
allowed. A high degree of fidelity to duty is required of one designated as
counsel de oficio because law is a profession dedicated to the ideal of
service and not a mere trade.

3. Cui vs. Cui

The term titulo de abogado means not mere possession of the academic
degree of Bachelor of Laws, but membership in the bar after due
admission thereto, qualifying one for the practice of law. Possession of the
law degree itself is not indispensable; completion of the prescribed
courses may be shown in some other way.

4. Villegas vs. Legaspi

Appearance as counsel is a voluntary submission to a courts jurisdiction
by a legal advocate or advising lawyer professionally engaged to
represent and plead the cause of another. Preparation of an answer is
included in the term appearance as counsel.

5. Enriquez vs. Gimenez

The provincial fiscal is disqualified to represent in court the municipality if
and when original jurisdiction of the case involving the municipality is
vested in the Supreme Court; when the municipality is a party adverse to
the provincial government or to some other municipality in the same
province; and when in the case involving the municipality, he, or his wife,
or child, is pecuniarily involved as heir, legatee, creditor or otherwise.
Unlike a practicing lawyer who has the right to decline employment, a
fiscal cannot refuse the performance of his functions on grounds not
provided for by law without violating his oath of office, where he swore,
among others, that he will well and faithfully discharge to the best of his
ability the duties of the office or position upon which he is about to
enter

6. Salcedo vs. Hernandez

As a member of the bar and an officer of the court, any attorney is in duty
bound to uphold its dignity and authority and to defend its integrity, not
only because it has conferred upon him the high privilege, not a right, of
being what he now is, but also because in so doing he neither creates or

[SACLAYAN, KATHLEEN KAYE V. | 3B]

promotes distrust in the administration of justice, and he prevents
anybody from harbouring and encouraging discontent, which in many
cases, is the source of disorder, thus undermining the foundation on which
rests the bulwark called judicial power to which those who are aggrieved
turn for protection and relief. It is right and plausible that an attorney, in
defending the cause and rights of his client, should do so with fervor and
energy of which he is capable, but it is not, and will never be so for him to
exercise said right by resorting to intimidation or proceeding without the
propriety and respect which the dignity of the courts require.

7. Alawi vs. Alauya

The title attorney is reserved to those who, having obtained the
necessary degree in the study of law and successfully taken the Bar
Examinations, have been admitted to the Integrated Bar of the Philippines
and remain members thereof in good standing, and it is they only who are
authorized to practice law in this jurisdiction.

8. Pangan vs. Ramos

The official oath obliges the attorney to solemnly swear that he will do no
falsehood. Lawyers who use before the courts a name other than the
name inscribed in the Roll of Attorneys resorted to deception and
demonstrated lack of candor in dealing with the courts.

9. Philippine Lawyers Association vs. Agrava

Practice of law in the Philippines includes such appearance before the
Patent Office, the representation of applicants, oppositors, and other
persons, and the prosecution of their applications for patent, their
oppositions thereto or the enforcement of their rights in patent cases. A
member of the bar, because of his legal knowledge and training should be
allowed to practice before the Patent Office, without further examination
or other qualification.

10.

Ui vs. Bonifacio

The requisites for admission to the practice of law are: (a) he must be a
citizen of the Philippines; (b) a resident thereof; (c) at least twenty one
(21) years of age; (d) a person of good moral character; (e) he must show
that no charges against him involving moral turpitude, are filed or pending
in court; (f) possess the required educational qualifications; and (g) pass
the bar examinations. Possession of good moral character must be
continuous as a requirement to the enjoyment of the privilege of law
practice.

11. Deles vs. Aragona

Lawyers should be allowed great latitude of pertinent comment in the
furtherance of the causes they uphold, and for the felicity of their clients,
they may be pardoned some infelicities of language.

[SACLAYAN, KATHLEEN KAYE V. | 3B]

The object of a disbarment proceeding is not so much to punish the
individual attorney himself, as to safeguard the administration of justice
by protecting the court and the public from the misconduct of officers of
the court, and to remove from the profession of law persons whose
disregard for their oath of office have proved them unfit to continue
discharging the trust reposed in them as members of the bar.

12. Blanza vs. Arcangel

A lawyer has a more dynamic and positive role in the community than

merely complying with the minimal technicalities of the statute. His

conduct must be par excellence, especially so when he volunteers his
professional services.

13.

Zoreta vs. Simpliciano

The practice of law is not a right but a privilege bestowed by the State on
those who show that they possess, and continue to possess, the
qualifications required by law for the conferment of such privilege. An
attorney may be disbarred, or suspended for any violation of his oath or of
his duties as attorney and counsellor, which include statutory grounds
enumerated in section 27, Rule 138 of the Rules of Court, all of these
being broad enough to cover practically any misconduct of a lawyer in his
professional or private capacity.

14. A-1 Financial Services, Inc. vs. Valerio

The deliberate failure to pay just debts and the issuance of worthless
checks constitute gross misconduct, for which a lawyer may be sanctioned
with suspension from the practice of law.
A lawyers failure to answer the complaint against him and his failure to
appear at the investigation are evidence of his flouting resistance to lawful
orders of the court and illustrate his despiciency for his oath of office in
violation of section 3, Rule 138 of the Rules of Court.

15. 2003 Bar Examinations Bar Matter No. 1222

Penalties, such as disbarment, are imposed not to punish but to correct
offenders. In cases where the Supreme Court had deigned to lift or
commute the supreme penalty of disbarment imposed on the lawyer, it
had taken into account the remorse of the disbarred lawyer and the
conduct of his public life during his years outside of the bar.

II.

ADMISSION TO PRACTICE
1. In re: Lanuevo
The judicial function of the Supreme Court in admitting candidates to the
legal profession involves exercise of discretion. Practice of law is not an

[SACLAYAN, KATHLEEN KAYE V. | 3B]

absolute right granted to everyone who demands it but a privilege
extended or withheld in the exercise of sound discretion.

2. First Lepanto Ceramics, Inc. vs. Court of Appeals

Substantive law is that part of the law creates, defines and regulates
rights, or which regulates and duties which give rise to a cause of action,
as opposed to adjective or remedial law, which prescribes the method of
enforcing rights or obtains a redress for their invasion.

3. In re: Cunanan
The admission, suspension, disbarment and reinstatement of attorneys-atlaw in the practice of the profession and their supervision have been
indisputably a judicial function and responsibility. Congress may repeal,
alter and supplement the rules promulgated by the Supreme Court, but
the authority and responsibility over the admission, suspension,
disbarment and reinstatement of attorneys-at-law and their supervision
remain vested in the Supreme Court.

4. Kuroda vs. Jalandoni

There is nothing in Executive Order No. 68 which requires that counsel
appearing before the Military Commission must be attorneys qualified to
practice law in the Philippines in accordance with the Rules of Court. It is
common in military tribunals that counsel for the parties are usually
military personnel who are neither attorneys nor even possesses legal
training.

5. Omico Mining & Industrial Corp. vs. Vallejos

When a member of the Bar is elevated to the Bench of the Court of First
Instance as a judge thereof, his right to practice law as an attorney is
suspended and continued to be suspended as long as he occupied the
judicial position. This prohibition is based on sound reasons of public
policy, for there is no question that the rights, duties, privileges and
functions of the office of an attorney-at-law are so inherently incompatible
with the high official functions, duties, powers, discretions and privileges
of a judge of the Court of First Instance.

6. People vs. Villanueva

The practice of law by attorneys employed in the government, to fall
within the prohibition provided for in Section 35, Rule 138 of the Rules of
Court, has been interpreted as customarily or habitually holding ones self
out to the public as a lawyer and demanding payment for such services.
The isolated appearance as a private prosecutor, previously authorized by
his superior, of an assistant city attorney in a criminal case before a court
where the offended party is his relative does not violate the
aforementioned statute, which bars certain attorneys from practicing.

7. Dia-Anonuevo vs. Bercacio

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[SACLAYAN, KATHLEEN KAYE V. | 3B]

The rule disqualifying a municipal judge from engaging in the practice of
law seeks to avoid the evil of possible use of the power and influence of
his office to affect the outcome of litigation where he is retained as
counsel. The practice of law is not limited to the conduct of cases in court
or participation in court proceedings but also includes preparation of
pleadings or papers in anticipation of litigation, and giving of legal advice
to clients or persons needing the same.

8. De Guzman vs. Visayan Rapid Transit Co.

An attorney is entitled to have and receive just and reasonable
compensation for services performed at the special instance and request
of his client. As long as he was honestly and in good faith trying to serve
and represent the interest of the client, he should have reasonable
compensation for his services.

9. Cayetano vs. Monsod

To engage in the practice of law is to perform those acts which are
characteristics of the profession. Generally, to practice law is to give
notice or render any kind of service, which device or service requires the
use in any degree of legal knowledge or skill.

10.
In re: Edillon
Organized by or under the direction of the State via its valid exercise of
police power, an Integrated Bar is an official national body of which all
lawyers are required to be members. They are, therefore, subject to all the
rules prescribed for the governance of the Bar, including the requirement
of payment of a reasonable annual fee for the effective discharge of the
purposes of the Bar, and adherence to a Code of Professional Ethics or
Professional Responsibility, the breach of which constitutes sufficient
reason for investigation by the Bar and, upon proper cause appearing, a
recommendation for discipline or disbarment of the offending member.

11.
Tejan vs. Cusi, Jr.
The law accords to the Court of Appeals and the Court of First Instance the
power to investigate and suspend members of the bar. The court may act
upon its own motion and thus be the initiator of the proceedings, because
obviously, the court may investigate into the conduct of its own officers.

12.
Alcala vs. Vera
Failure of a lawyer to inform his clients of the decision rendered in a case
handled by him makes him liable for negligence. However, when there is
no finding of deceit, malice or deliberate intent to cause damage to his
clients, and no material or pecuniary damage resulted to his clients,
disbarment is not warranted although lawyer is negligent.

[SACLAYAN, KATHLEEN KAYE V. | 3B]

13.
Cantimbuhan vs. Cruz
Section 34, Rule 138 of the Rules of Court provides that in the municipal
court, a party may conduct his litigation in person with the aid of an agent
appointed by him for the purpose. The permission of the fiscal is not
necessary for one to enter his appearance as private prosecutor albeit
under the supervision and control of the trial fiscal.

14.
Hydro Resources Contractors Corp. vs. Paglilauan
A lawyer, like any other professional, may very well be an employee of the
government or a private corporation, while at the same time, also contract
with a law firm to act as outside counsel on a retainer basis. The two
classes of lawyers often work together, but one group is made up of
employees while the other is not.

15.
Ramos vs. Rada
The duties of a court messenger are generally ministerial which do not
require that his entire day of twenty four (24) hours be at the disposal of
the government. Thus, lack of prior permission from his superior is a mere
technical violation and he should be meted no more than the minimum
imposable penalty, which is reprimand.

16.
Beltran vs. Abad
A bar candidate does not acquire the right to practice law simply by
passing the bar examinations; the practice of law is a privilege that can be
withheld even from one who has passed the bar examinations. Two
essential requisites for becoming a lawyer still had to be performed,
namely: his lawyers oath to be administered by the Court and his
signature in the Roll of Attorneys.

17.
Bacarro vs. Pinatacan
One of the indispensable requisites for admission to the Philippine Bar is
that the applicant must be of good moral character. This requirement aims
to maintain and uphold the high moral standards and the dignity of the
legal profession, and one of the ways of achieving this end is to admit to
the practice of this noble profession only those persons who are known to
be honest and to possess good moral character.

18.
Diao vs. Martinez
Admission to the Bar obtained under false pretenses must be revoked.
Before the study of law, an applicant for admission must have completed
the prescribed courses of legal study in the regular manner.

19.
In re: Argosino
The practice of law is a privilege granted only to those who possess the
strict intellectual and moral qualifications required of lawyers who are
instruments in the effective and efficient administration of justice.

[SACLAYAN, KATHLEEN KAYE V. | 3B]

Every lawyer should at all times weigh his actions according to the sworn
promises he made when he took the lawyers oath.

20.
Collantes vs. Renomeron
The Code of Professional Responsibility applies to lawyers in government
service in the discharge of their official tasks.

21.

Campos vs. Campos

Rule 7.03 of the Code of Professional Responsibility provides that a lawyer

shall not engage in conduct that adversely reflects on his fitness to
practice law, nor shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.

III.

LAWYERS DUTIES TO SOCIETY

1. Montecillo vs. Gica
As an officer of the court, it is a lawyers sworn and moral duty to help
build and not destroy unnecessarily the high esteem and regard towards
the court so essential to the proper administration of justice.

2. In re: Gutierrez
The rule that pardon operates to wipe out the conviction and is a bar to
any proceeding for disbarment of the attorney after the pardon has been
granted applies only where the pardon is absolute, but not where the
pardon granted is conditional and merely remitted the unexecuted portion
of the penalty. In such a case, the attorney must be judged upon the fact
of his conviction for the crime he has committed.

3. Oronce vs. Court of Appeals

Under the Code of Professional Responsibility, a lawyer is prohibited from
counselling or abetting activities aimed at defiance of the law or at
lessening confidence in the legal system. Entering a property without the
consent of its occupants and in contravention of the existing writ of
preliminary injunction and making utterances showing disrespect for the
law and the Court, are unbecoming of a member of the bar.

4. De Ysasi vs. National Labor Relations Commission

The useful function of a lawyer is not only to conduct litigation but to avoid
it whenever possible by advising settlement or withholding suit. He should
be a mediator for concord and a conciliator for compromise, rather than a
virtuoso of technicality in the conduct of litigation.

5. Pajares vs. Abad Santos

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[SACLAYAN, KATHLEEN KAYE V. | 3B]

The cooperation of litigants and their attorneys is needed so that needless
clogging of the court dockets with unmeritorious cases may be avoided.
There must be faithful adherence to Rule 7, section 5 of the Rules of Court
which provides that the signature of an attorney constitutes a certificate
by him that he has read the pleading and that to the best of his
knowledge, information and belief, there is good ground to support it; and
that it is not interposed for delay and expressly admonishes that for a
wilful violation of this rule an attorney may be subjected to disciplinary
action.

6. People vs. Rosqueta

Where counsel de parte is unable to secure from his clients or from their
near relatives the amount necessary to pursue the appeal, it does not
necessarily conclude his connection with the case. He should be aware
that in the pursuance of the duty owed the Court as well as to a client, he
cannot be too casual and unconcerned about the filing of pleadings.

7. De Roy vs. Court of Appeals

There is no law requiring the publication of Supreme Court decisions in the
Official Gazette before they can be binding and as a condition to their
becoming effective. It is the bounden duty of counsel as lawyer in active
law practice to keep abreast of decisions of the Supreme Court particularly
where issues have been clarified, consistently reiterated and published in
the advance reports of Supreme Court decisions and in such publications
as the SCRA and law journals.

8. Far Eastern Shipping Co. vs. Court of Appeals

Like the court itself, a lawyer is an instrument to advance its ends --- the
speedy, efficient, impartial, correct and inexpensive adjudication of cases
and the prompt satisfaction of final judgments. A lawyer should not only
help attain these objectives but should likewise avoid any unethical or
improper practices that impede, obstruct or prevent their realization,
charged as he is with the primary task of assisting in the speedy and
efficient administration of justice.

9. Jose vs. Court of Appeals

There are situations where rigid application of the rules of procedure must
bow to the overriding goal of courts of justice --- to render justice where
justice is due to secure to every individual all possible legal means to
prove his innocence of a crime of which he is charged. A prosecuting
officer, as a representative of a sovereignty whose obligation and interest
in a criminal prosecution is not that it shall win a case but that justice shall
be done, has the solemn responsibility to assure the public that while guilt
shall not escape, innocence shall not suffer.

10.

People vs. Pineda

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[SACLAYAN, KATHLEEN KAYE V. | 3B]

A prosecuting attorney, by the nature of his office, is under no compulsion
to file a particular criminal information where he is not convinced that he
has evidence to prop up the averments thereof, or that the evidence at
hand points to a different conclusion.
In a clash of views between the judge who did not investigate and the
fiscal who did, or between the fiscal and the offended party or the
defendant those of the fiscals should normally prevail.

11. People vs. Madera

A prosecutors noble task is to prosecute only the guilty and to protect the
innocent.

12. Tan vs. Gallardo

Since the Solicitor General alone is authorized to represent the State or
the People of the Philippines, the interest of the private prosecutors is
subordinate to that of the State and they cannot be allowed to take a
stand inconsistent with that of the Solicitor General, for that would be
tantamount to giving the latter the direction and control of the criminal
proceedings, contrary to the provisions of law and the settled rules on the
matter.

13. People vs. Sendaydiego

Section 13, Rule 112 of the Rules of Court, in allowing a Court of First
Instance to conduct a preliminary investigation, does not disqualify it from
trying the case it had found probable cause and after the fiscal, as
directed by the Court, had filed the corresponding information. The rule
assumes that the judge, who conducted the preliminary investigation,
could impartially try the case on the merits.

14. Misamin vs. San Juan

The serious consequences of disbarment or suspension should follow only
where there is a clear preponderance of evidence against the respondent.
The presumption is that the attorney is innocent of the charges preferred
and has performed his duty as an officer of the court in accordance with
his oath.

15. Presidential Commission on Good Governance vs. Sandiganbayan

and Mendoza
A lawyer should not accept employment as an advocate in any matter
upon the merits of which he has acted in a judicial capacity.

A lawyer, having once held public office or having been in the public
employ should not, after his retirement, accept employment in connection
with any matter he has investigated or passed upon while in such office or
employ.

[SACLAYAN, KATHLEEN KAYE V. | 3B]

IV.

LAWYERS
DUTIES
PROFESSION

TO

THE

LEGAL

1. Rivera vs. Angeles

The Supreme Court repeatedly stressed the importance of integrity and
good moral character as part of a lawyers equipment in the practice of his
profession.
The Court is not oblivious of the right of a lawyer to be paid for the legal
services he has extended to his client but such right should not be
exercised whimsically by appropriating to himself the money intended for
his clients such that there should never be an instance where the victor in
litigation loses everything he won to the fees of his own lawyer.

2. Ducat, Jr. vs. Villalon, Jr.

Canon 7 of the Code of Professional Responsibility mandates that a
lawyer shall at all times uphold the integrity and dignity of the legal
profession. Thus, every lawyer should act and comport himself in such a
manner that would promote public confidence in the integrity of the legal
profession.

3. Tan vs. Sabandal

A person not yet admitted to the bar cannot call himself attorney.
4. In re: Parazo
The term interest of the State involves not only the interests of students
and graduates of the law schools and colleges, and of the entire legal
profession of the country as well as the good name and reputation of the
members of the Committee of Bar Examiners, including the employees of
the Supreme Court having charge of and connections with said
examinations, but also the highest Tribunal of the land itself which
represents one of the three coordinate and independent branches or
departments of the Philippine Government.

5. Pangan vs. Ramos

A lawyer should aid in guarding the Bar against the admission to the
profession of candidates unfit or unqualified because deficient in either
moral character or education.
The standards of legal profession are not satisfied by conduct which
merely enables one to escape the penalties of the criminal law.

6. In re: Gutierrez

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The rule that pardon operates to wipe out the conviction and is a bar to
any proceeding for disbarment of the attorney after the pardon has been
granted applies only where the pardon is absolute, but not where the
pardon granted is conditional and merely remitted the unexecuted portion
of the penalty. In such a case, the attorney must be judged upon the fact
of his conviction for the crime he has committed.

7. Narido vs. Linsangan

The spectacle presented by two members of the bar engaged in bickering
and recrimination is far from edifying, although it is understandable, if not
justifiable, that at times zeal in the defense of ones client may be carried
to the point of undue scepticism and doubt as to the motives of opposing
counsel. Such action detracts from the dignity of the legal profession and
will not receive any sympathy from the Court.

8. Laput vs. Remotigue

Where a lawyer was dismissed by his client because the latter no longer
trusted him, the appearance of the second lawyer is not unprofessional,
unethical or improper.

9. Camacho vs. Pangulayan

A lawyer should not in any way communicate upon the subject of
controversy with a party represented by counsel, much less should he
undertake to negotiate or compromise the matter with him, but should
only deal with his counsel. It is incumbent upon the lawyer most
particularly to avoid everything that may tend to mislead a party not
represented by counsel and he should not undertake to advise him as to
law.

10. Robinson vs. Villafuerte

A non-lawyer cannot question witnesses in court notwithstanding the
presence of or supervision by a member of the bar.

11. Tan Tek Beng vs. David

Malpractice is the practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or brokers and ordinarily
refers to any malfeasance or dereliction of duty committed by a lawyer.
No division of fees for legal services is proper, except with another lawyer,
based upon a division of service or responsibility.

12.

Director of Religious Affairs vs. Bayot

The advertisement of (law services) is a flagrant violation of the ethics of

the law profession. Section 25, Rule 127 provides, among other things,
that the practice of soliciting cases at law for the purpose of gain, either
personally or thru paid agents or brokers, constitute malpractice.
13. Ulep vs. Legal Clinic, Inc.

11

[SACLAYAN, KATHLEEN KAYE V. | 3B]

A lawyer cannot, without violating the ethics of his profession, advertise
his talents or skills as in a manner similar to a merchant advertising his
goods. The proscription against advertising of legal services or solicitation
of legal business rests on the fundamental postulate that the practice of
law is a profession.

14. In re: Sycip

A partnership for the practice of law is not a legal entity but a mere
relationship or association for a particular purpose; it is not a partnership
formed for the purpose of carrying on trade or business or of holding
property. Thus, the use of a nom de plume, assumed or trade name in law
practice is improper.

V.

LAWYERS DUTIES TO THE COURTS

1. City Sheriff of Iligan City vs. Fortunado
Section 16, Rule 3 of the Rules of Court provides that whenever a party to
a pending action dies, and the claim is not thereby extinguished, it shall
be the duty of his counsel to inform the court within thirty (30) days after
such death of the fact thereof, and to give the name and address of his
legal representative or representatives. Failure of the counsel to comply
with this duty shall be a ground for disciplinary action.

2. Occena vs. Marquez

The conduct of a lawyer before the court and with other lawyers should be
characterized by candor and fairness. It is neither candid nor fair for a
lawyer to knowingly make false allegations in a judicial pleading or to
misquote the contents of a document, the testimony of a witness, the
argument of opposing counsel or the contents of a decision.

3. Chavez vs. Viola

Courts are entitled to expect only complete candor and honesty from the
lawyers appearing and pleading before them while lawyers, on the other
hand, have the fundamental duty to satisfy that expectation. It is essential
that lawyers bear in mind at all times that their first duty is not to their
clients but rather to the courts, that they are above all officers of court
sworn to assist the courts in rendering justice to all and sundry, and only
secondarily are they advocates of the exclusive interests of their clients.

4. Chan Kian vs. Angsin

A lawyer owes truth and candor to the courts.
5. Casals vs. Cusi
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A lawyer has the solemn duty as counsel to employ in the conduct of a
case such means only as are consistent with truth and honor, and never
seek to mislead the courts.
The Court has, in several instances, suspended lawyers from the practice
of law for failure to file appellants briefs in criminal cases despite
repeated extensions of time obtained by them, with the reminder that the
trust imposed on counsel in accordance with the canons of legal ethics but
with the soundest traditions of the profession would require fidelity on
their part.

6. Commission on Elections vs. Noynay

Rule 10.02 of Canon 10 of the Code of Professional Responsibility
mandates that a lawyer shall not knowingly misquote or misrepresent the
text of a decision or authority.

7. Montecillo vs. Gica

As an officer of the court, it is a lawyers sworn and moral duty to help
build and not destroy unnecessarily the high esteem and regard towards
the court essential to the proper administration of justice.

8. Surigao Mineral Reservation Board vs. Cloribel

A lawyer has the duty to uphold the dignity and authority of the courts to
which he owes fidelity, not to promote distrust in the administration of
justice.
Since lawyers are administrators of justice, oath-bound servants of
society, their first duty is not to their clients, but to the administration of
justice; to this, their clients success is wholly subordinate, and their
conduct ought to and must be scrupulously observant of law and ethics.

9. De Gracia vs. Warden of Makati

There is a lapse in judicial propriety where a lawyer did not even take the
trouble of appearing in court on the very day his own petition was reset for
hearing, by reason of inexperience and paucity of practice before the
courts.

10. Buenaseda vs. Flavier

A lawyer should not be carried away in espousing his clients cause. The
use of abusive language by counsel against the opposing counsel
constitutes disrespect to the dignity of the court of justice.

11. Santos vs. Cruz

Uttering intemperate language during the trial of the case is conduct
unbecoming of a judge and warrants discipline from the Supreme Court.

12.

People vs. Taneo

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A lawyer has the duty to observe and maintain the respect due the courts
of justice and judicial officers. Arguments, written or oral, should be
gracious to both the court and opposing counsel and be of such words as
may be properly addressed by one gentleman to another.

13. Urbina vs. Maceren

Judges will not be held administratively liable for mere errors of judgment
in their rulings or decisions absent a showing of malice or gross ignorance
on their part.

14. Castaeda vs. Ago

It is the duty of a counsel to advise his client, ordinarily a layman to the
intricacies and vagaries of the law, on the merit or lack thereof of his case.
A counsels assertiveness in espousing with candor and honesty his
clients cause must is encouraged and commended; what the Court
countenances is a lawyers insistence despite the patent futility of his
clients position.

15. Austria vs. Masaquel

While it may be conceded that in requesting the disqualification of a judge
by reason of his relation with a party or counsel there is some implication
of the probability of his being partial to one side, the request cannot
constitute contempt of court if done honestly and in a respectful manner.
The power to punish for contempt, being drastic and extraordinary in its
nature, should not be resorted to unless necessary in the interest of
justice; that is, it should be exercised on the preservative and not on the
vindictive principle.

16. Martelino vs. Alejandro

Civil courts, as a rule, exercise no supervision or correcting power over the
proceedings of courts-martial, and that mere errors in their proceedings
are not open to consideration.

VI.

NATURE AND CREATION OF ATTORNEY-CLIENT

RELATIONSHIP
1. Regala vs. Sandiganbayan
A clients identity should not be shrouded in mystery because (1) the court
has a right to know that the client whose privileged information is sought
to be protected is flesh and blood; (2) the privilege begins to exist only
after the attorney-client relationship has been established; (3) the
privilege generally pertains to the subject matter of the relationship; and
(4) due process considerations require that the opposing party should, as

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a general rule, know his adversary. However, information relating to the
identity of a client may fall within the ambit of the privilege when the
clients name itself has an independent significance, such that disclosure
would then reveal client confidences.

2. In re: Sycip
A partnership for the practice of law is not a legal entity but a mere
relationship or association for a particular purpose; it is not a partnership
formed for the purpose of carrying on trade or business or of holding
property. Thus, the use of a nom de plume, assumed or trade name in law
practice is improper.

3. Daroy vs. Legaspi

A lawyer, under his oath, pledges himself not to delay any man for money
or malice and is bound to conduct himself with all good fidelity to his
clients. He is obligated to report promptly the money of his clients that has
come into his possession and should not commingle it with his private
property or use it for his personal purposes without his clients consent.

4. Hilado vs. David

In order to constitute professional employment, it is not essential that the
client should have employed the attorney professionally on any previous
occasion, nor that any retainer paid, promised, charged, nor that the
attorney did not undertake the case after the consultation. An attorney is
employed in his professional capacity when he is giving advice thereon,
just as if he were writing a pleading or litigating in open court.

5. Stone vs. Bank of Commerce

An attorney, in his capacity merely as such, has no power to make any
agreement for his client before a suit has been commenced, or before he
has been retained to commence one. Before the commencement of a suit,
or the giving of authority to commence one, there is nothing upon which
the authority of an attorney to act for his client can be based.

6. Guerrero vs. Hernando

An attorney is mandated to obey the laws and do no falsehood.
7. Uy vs. Gonzales
There is no attorney-client relationship if the preparation and proposed
filing of a pleading was only incidental to their personal transaction.

8. Rilloraza, et. al. vs. Eastern Telecommunications Phil., Inc.

Whether there is an agreement or not, the courts shall fix a reasonable
compensation which lawyers may receive for their professional services.
The amount must be determined on a quantum meruit (as much as he
deserved) basis.

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9. The Government of the Philippine Islands vs. Wagner

Under a universal power of attorney, counsel has the right to represent his
client, to deal with the latters property as if such client is personally
present.

10. Orbit Transportation Co. vs. Workmens Compensation

Commission
The signature of an attorney constitutes a certificate by him that he has
read the pleading and that to the best of his knowledge, information and
belief, there is good ground to support it, and that it is not interposed for
delay.

11.

Ledesma vs. Climaco

Withdrawal as counsel de oficio by an attorney on the ground of his

appointment as Election Registrar by the Commission on Elections is not
allowed. A high degree of fidelity to duty is required of one designated as
counsel de oficio because law is a profession dedicated to the ideal of
service and not a mere trade.

12. People vs. Daeng

All courts are cautioned against the frequent appointment of the same
attorney as counsel de oficio, for two basic reasons: (1) it is unfair to the
attorney concerned, considering the burden of his regular practice, that he
should be saddled with too many de oficio cases; and (2) the
compensation provided for by section 32, Rule 138 of the Rules of Court
might be considered by the lawyers as regular source of income,
something which the rule does not envision.

13. Gonzales vs. Chavez

Even when confronted with a situation where on government office takes
an adverse position against another government agency, the Solicitor
General should not refrain from performing his duty as the lawyer of the
government. It is incumbent upon him to present to the court what he
considers would legally uphold the best interest of the government
although it may run counter to a clients position.

14. Oparel vs. Abaria

Utmost care must

be taken to minimize occasions for any

misunderstanding between lawyers and their clients. The relationship
being one of confidence, there is ever present the need for the latter being
adequately and fully informed of the mode and manner in which their
interest is defended.

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VII.

LAWYERS DUTIES IN HANDLING A CLIENTS

CASE
1. Santiago vs. Fojas
A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable.

2. Cantiller vs. Potenciano

When a lawyer takes a clients cause, he thereby covenants that he will
exert all effort for its prosecution until its final conclusion. The failure to
exercise due diligence or the abandonment of a clients cause makes such
lawyer unworthy of the trust which the client had reposed on him.

3. Millare vs. Montero

A lawyer shall not file multiple actions arising from the same cause. It is
unethical for a lawyer to abuse or wrongfully use the judicial process, like
the filing dilatory motions, repetitious litigation and frivolous appeals for
the sole purpose of frustrating and delaying the execution of a judgment.

4. Choa vs. Chiongson

A member of the bar is bound: (1) by his oath, not to, wittingly or willingly,
promote or sue any groundless, false or unlawful suit nor give aid nor
consent to the same; (2) by section 20(c), Rule 138 of the Rules of Court,
to counsel or maintain such action or proceedings only as appear to him to
be just; and (3) to uphold the Code of Professional Responsibility. It is
incumbent upon him to give a candid and honest opinion on the merits
and probable results of his clients case.

5. Cosmos Foundry Shop Workers Union vs. Lo Bu

A lawyer should not act like an errand boy at the beck and call of his
client, ready and eager to do his every bidding.

6. Gamalinda vs. Alcantara

A lawyer shall serve his client with competence and diligence, and his duty
of entire devotion to his clients cause not only requires, but entitles him
to employ every honorable means to secure for the client what is justly
due him or to present every defense provided by law to enable the latters
cause to succeed.
An attorneys duty to safeguard the clients interests commences from his
retainer until his effective release from the case or the final disposition of
the whole subject matter of the litigation.

7. J.P. Juan & Sons, Inc. vs. Lianga Industries, Inc.

The signature of an attorney constitutes a certificate by him that he has
read the pleading and that to the best of his knowledge, information and

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belief, there is good ground to support it, and that it is not interposed for
delay.

8. Azor vs. Beltran

A counsels assertiveness in espousing with candor and honesty his
clients cause must is encouraged and commended; what the Court
countenances is a lawyers insistence despite the patent futility of his
clients position.

9. Visitacion vs. Manit

An attorney seeking to withdraw must make an application to the court,
for the relation does not terminate formally until there is a withdrawal of
record; at least so far as the opposite party is concerned, the relation
otherwise continues until the end of the litigation.
10. De Roy vs. Court of Appeals
There is no law requiring the publication of Supreme Court decisions in the
Official Gazette before they can be binding and as a condition to their
becoming effective. It is the bounden duty of counsel as lawyer in active
law practice to keep abreast of decisions of the Supreme Court particularly
where issues have been clarified, consistently reiterated and published in
the advance reports of Supreme Court decisions and in such publications
as the SCRA and law journals.
11. Cuaresma vs. Daquis
A lawyer should be more careful in the preparation of his pleadings so that
the least doubt as to his intellectual honesty cannot be entertained. Every
member of the bar should realize that candor in the dealings with this
Court is of the very essence of honourable membership in the profession.

12. Vda. De Zubiri vs. Zubiri

The Canons of Legal Ethics commands that a lawyer should not in any
way communicate upon the subject of the controversy with a party
represented by counsel, much less should he undertake to negotiate or
compromise the matter with him, but should deal only with his counsel. It
is incumbent upon the lawyer most particularly to avoid everything that
may tend to mislead a party not represented by counsel and he should not
undertake to advise him as to the law.

13. Deluao vs. Casteel

An order given in open court is presumed received by the parties on the
very date and time of promulgation, and amounts to a legal notification for
all legal purposes. The postponement of hearings does not depend upon
the agreement of the parties, but upon the courts discretion.

14.

Heirs of Elias Lorilla vs. Court of Appeals

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The failure of counsel to serve notice on the court and the adverse parties
regarding his clients death binds his clients. Jurisprudence teems with
pronouncements that a client is bound by the conduct, negligence, and
mistakes of his counsel.

15. Avelino vs. Palaa

Lawyers guilty of negligence in the performance of his duties as a member
of the bar may be suspended from the practice of law.

16. Diman vs. Alumbres

Among far too many lawyers (and not a few judges), there is, if not a
regrettable unfamiliarity and even outright ignorance about the nature,
purposes and operation of the modes of discovery, at least a strong yet
unreasoned and unreasonable disinclination to resort to them --- which is a
great pity for the intelligent and adequate use of the deposition --discovery procedure, could, as the experience of other jurisdictions
convincingly demonstrates, effectively shorten the period of litigation and
speed up adjudication.

17. Saulog vs. Custombuilt Manufacturing Corp.

Except for justifiable circumstances, failure of counsel to appear at the
pre-trial is a ground for dismissal.

18. People vs. Casimiro

A counsel of record, should he be replaced by his client, should inform the
Court of the developments set forth in his explanation and that he be
allowed to withdraw as counsel.

19. People vs. Nadera, Jr.

A lawyers duty, especially that of a defense counsel, must not be taken
lightly. It must be performed with all the zeal and vigor at his command to
protect and safeguard the accuseds fundamental rights.

20. Topacio Nueno vs. Santos

When a lawyer consents to the doing of a falsehood and deceives the
court by having an accused plead guilty to an offense which he had not
committed, he is in clear violation of the lawyers oath that he will do no
falsehood nor consent to the doing of any in court.

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VIII.

LAWYERS FIDUCIARY OBLIGATIONS

1. Angeles vs. Uy, Jr.
Canon 16 of the Code of Professional Responsibility provides that a
lawyer shall hold in trust all moneys and properties of his client that may
come into his possession. Furthermore, Rule 16.01 of the Code also states
that a lawyer shall account for all money or property collected or
received for or from the client.

2. Nakpil vs. Valdez

The test to determine whether there is a conflict of interest in the
representation of clients is probability, not certainty of conflict.

Members of the bar are expected to always live up to the standards

embodied in the Code of Professional Responsibility as the relationship
between an attorney and his client is highly fiduciary in nature and
demands utmost fidelity and good faith.

3. Liwag vs. Neri

Counsel commits breach of professional ethics when, contrary to the fact,
he made his client believe that he already sued the adverse party and did
not return the amount intended for the filing fee.

4. Diaz vs. Kapunan

An execution sale to the attorney of the defendant is not unlawful if made
in good faith, with the consent of the client, and without any purpose of
defrauding the latters creditors.

5. Canlas vs. Court of Appeals

It is true that lawyers are entitled to make a living, in spite of the fact that
the practice of law is not a commercial enterprise; but that does not
furnish an excuse for plain lust for material wealth, more so at the
expense of another. The returns it births are simple rewards for a job done
or service rendered.

6. Capulong vs. Alio

Canon 16 of the Code of Professional Responsibility provides that a
lawyer shall hold in trust all moneys and properties of his client that may
come into his possession. Furthermore, Rule 16.01 of the Code also states
that a lawyer shall account for all money or property collected or
received for or from the client.

7. Celaje vs. Soriano

Canon 16 of the Code of Professional Responsibility provides that a
lawyer shall hold in trust all moneys and properties of his client that may
come into his possession. Furthermore, Rule 16.01 of the Code also states

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that a lawyer shall account for all money or property collected or
received for or from the client.

8. Penticostes vs. Ibaez

Non-remittance by a public prosecutor for over one year of funds
entrusted to him constitutes conduct in gross violation of Rule 1.01 of the
Code of Professional Responsibility which provides that a lawyer shall not
engage in unlawful, dishonest, immoral, or deceitful conduct. Lawyers are
bound to promptly account for money or property received by them on
behalf of their clients and failure to do so constitutes professional
misconduct.

9. Daroy vs. legaspi

A lawyer, under his oath, pledges himself not to delay any man for money
or malice and is bound to conduct himself with all good fidelity to his
clients. He is obligated to report promptly the money of his clients that has
come into his possession and should not commingle it with his private
property or use it for his personal purposes without his clients consent.

10. Sotto vs. Samson

Article 1459 of the Old Civil Code provides that lawyers and solicitors
cannot take by purchase, even at a public or judicial auction, either in
person or through mediation of another, any property rights involved in
any litigation in which they may take part by virtue of their profession and
office. The purpose of this provision is to curtail any undue influence of the
lawyer upon his client on account of their confidential association.

11. Vda. De Laig vs. Court of Appeals

A lawyer may be held civilly liable for failure to observe honesty and good
faith in the performance of their duties as public officer and as a member
of the bar (Article 19 of the New Civil Code), or for wilfully or negligently
causing damage to another (Article 20 of the New Civil Code), or for
wilfully causing loss or injury to another in a manner that is contrary to
morals, good customs and/or public policy (Article 21 of the New Civil
Code).

12. Go Beltran vs. Fernandez

Article 1459 of the Old Civil Code provides that lawyers and solicitors
cannot take by purchase, even at a public or judicial auction, either in
person or through mediation of another, any property rights involved in
any litigation in which they may take part by virtue of their profession and
office. The purpose of this provision is to curtail any undue influence of the
lawyer upon his client on account of their confidential association.

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