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MODULE 1 The practice of law is a "privilege

A. Ethics and Practice of law burdened with conditions." To enjoy the
privileges of practicing law, lawyers must
DOMINADOR P. BURBE VS. ATTY. ALBERTO C. "[adhere] to the rigid standards of mental fitness,
MAGULTA maintain the highest degree of morality, and
Issue: Is there an existing lawyer-client relationship faithfully comply with the rules of the legal
between parties despite the non-payment of law profession."
services rendered? B. Admission to the practice of Law
A lawyer-client relationship was established
from the very first moment complainant asked MERCURIA D. SO v. MA. LUCILLE P. LEE
respondent for legal advice regarding the former's
business. It is not necessary that any retainer be issue: whether lee should be allowed to
paid, promised, or charged; neither is it material that retake the lawyer's oath and sign the roll of
the attorney consulted did not afterward handle the attorneys.
case for which his service had been sought..
Likewise, a lawyer-client relationship exists
SEC. 2. Requirements for all applicants for
notwithstanding the close personal relationship
admission to the bar. - Every applicant for admission
between the lawyer and the complainant or the
as a member of the bar must be a citizen of the
nonpayment of the former's fees.
Philippines, at least twenty-one years of age, of good
moral character, and a resident of the Philippines,
EFIGENIA M. TENOSO  v. ATTY. ANSELMO S. and must produce before the Supreme Court
ECHANEZ satisfactory evidence of good moral character, and
that no charges against him, involving moral
ISSUE: Whether or not the respondent is guilty of turpitude, have been filed or are pending in any court
engaging in practice as a notary public without in the Philippines.
having been properly commissioned.
Moral turpitude has been defined as an act of
Time and again, this Court emphasizes that the baselessness, vileness, or the depravity of private
practice of law is imbued with public interest and that and social duties that man owes to his fellow man or
"a lawyer owes substantial duties not only to his society in general, contrary to the accepted and
client, but also to his brethren in the profession, to the customary rule of right and duty between man and
courts, and to the nation, and takes part in one of the woman, or conduct contrary to justice, honesty,
most important functions of the State - the modesty or good morals.
administration of justice - as an officer of the court."
Accordingly, '"lawyers are bound to maintain not only Jurisprudence had deemed the following acts as
a high standard of legal proficiency, but also of crimes involving moral turpitude: abduction with
morality, honesty, integrity and fair dealing." Similarly, consent, bigamy, concubinage, smuggling, rape,
the duties of notaries public are dictated by public attempted bribery, profiteering, robbery, murder,
policy and impressed with public estafa, theft, illicit sexual relations with a fellow
interest. "Notarization is not a routinary, meaningless worker, issuance of bouncing checks, intriguing
act, for notarization converts a private document to a against honor, violation of the Anti-Fencing Law,
public instrument, making it admissible in evidence violation of the Dangerous Drugs Act, perjury, forgery,
without the necessity of preliminary proof of its direct bribery, frustrated homicide, adultery, arson,
authenticity and due execution." evasion of income tax, barratry, blackmail, bribery,
duelling, embezzlement, extortion, forgery, libel,
In misrepresenting himself as a notary public, making fraudulent proof of loss on insurance contract,
respondent exposed party-litigants, courts, other mutilation of public records, fabrication of evidence,
lawyers and the general public to the perils of offenses against pension laws, perjury, seduction
ordinary documents posing as public under the promise of marriage, falsification of public
instruments..A.C. No. 5377               June document, and estafa through falsification of public
document.
VICTOR C. LINGAN vs. ATTYS. ROMEO
CALUBAQUIB and JIMMY P. BALIGA. As such, the pendency of a civil case alone
ISSUE: Whether Atty. Baliga's motion to lift order of should not be a deterrent for successful Bar
suspension should be granted examinees to take their Lawyer's Oath and to sign the
Roll of Attorneys especially since not all charges or
Practice of law is "any activity, in or out of cases involve acts evincing moral turpitude.
court, which requires the application of law, legal
procedure, knowledge, training and experience." It IN RE: PETITION TO TAKE THE BAR MATTER NO.
includes "performing acts which are characteristics 1209 LAWYER'S OATH
of the legal profession" or "rendering any kind of Issue: Whether or not the petition of CAESAR Z.
service which requires the use in any degree of legal DISTRITO to be allowed to take the oath as member
knowledge or skill." Work in government that of the Philippine Bar and to sign the Roll of Attorneys
requires the use of legal knowledge is considered shall be granted
practice of law.
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The petitioner, in so doing, violated Rule 7.02 requirements of the ethics of the profession, and that
of the Code of Professional Responsibility, which he has prima facie shown that he possesses the
requires of every applicant candor and truthfulness. character required to be a member of the Philippine
Every applicant is duty bound to lay before the Court Bar. Finally, Medado appears to have been a
all his involvement in any criminal case, pending or competent and able legal practitioner, having held
otherwise terminated, to enable the Court to fully various positions. All these demonstrate Medado’s
ascertain or determine the applicant's moral worth to become a full-fledged member of the
character. The petitioner should have realized the Philippine Bar.
implication of any omission on his part, even if While an honest mistake of fact could be used
inadvertently made. to excuse a person from the legal consequences of
An applicant for the admission to the bar who his acts as it negates malice or evil motive, a mistake
made a false statement in his application is not of of law cannot be utilized as a lawful justification,
good moral character. The concealment or because everyone is presumed to know the law and
withholding from the court of the fact that an applicant its consequences. 
has been charged with or indicated for an alleged
crime is a ground for disqualification of the applicant C. Lawyers are not infallible
to take the bar examination, or for revocation of the DENNIS M. MAGUSARA v. ATTY. LOUIE A.
license to practice, if he has already been admitted to RASTICA
the bar.
in the matter of the disqualification of bar ATTY. RAYMUND P. PALAD v. LOLIT SOLIS
examinee haron s. meling in the 2002 bar Section 18, Rule 139-B of the Rules of Court
examinations and for disciplinary action as provides:
member of the philippine sharia bar, atty. froilan r. Section 18. Confidentiality. Proceedings against
melendrez, attorneys shall be private and confidential. However,
the final order of the Supreme Court shall be
ISSUE: Should Meling be disqualified to take the
published like its decisions in other cases.
Lawyers Oath and sign the Roll of Attorneys?
The confidential nature of the proceedings has
By concealing the existence of such cases, a three-fold purpose, to wit: (i) to enable the court and
the applicant then flunks the test of fitness even if the the investigator to make the investigation free from
cases are ultimately proven to be unwarranted or any extraneous influence or interference; (ii) to
insufficient to impugn or affect the good moral protect the personal and professional reputation of
character of the applicant. attorneys from baseless charges of disgruntled,
Meling’s concealment of the fact that there are vindictive and irresponsible persons or clients by
three (3) pending criminal cases against him speaks prohibiting the publication of such charges pending
of his lack of the requisite good moral character their resolution; and (iii) to deter the press from
and results in the forfeiture of the privilege bestowed publishing the charges or proceedings based thereon.
upon him as a member of the Sharia Bar. We held that malicious and unauthorized
publication or verbatim reproduction of administrative
DONNA MARIE S. AGUIRRE v. EDWIN L. RANA complaints against lawyers in newspapers by editors
Issue: Whether Rana does not deserve admission to and/or reporters may be actionable. Such premature
the Philippine bar. publication constitutes a contempt of court
It is the signing in the Roll of Attorneys that JOSEPH C. CHUA, COMPLAINANT, VS. ATTY.
finally makes one a full-fledged lawyer. The fact that ARTURO M. DE CASTRO, RESPONDENT.
Rana passed the bar examinations is immaterial. Under the CPR, every lawyer is required to
Passing the bar is not the only qualification to exert every effort and consider it his duty to assist in
become an attorney-at-law. Rana should know that the speedy and efficient administration of justice.
two essential requisites for
Although the same contributed to the delay,
In re: Petition to sign in the Roll of Attorneys by the same was exercised by Atty. De Castro in good
Michael Medado faith and in keeping with his duty to represent his
ISSUE: Whether or not petitioner may be client with zeal within the bounds of the law. Clearly,
allowed to sign the Roll of Attorneys. Atty. De Castro was merely advocating for his client's
petitioner demonstrated good faith and good interest.
moral character when he finally filed the instant Notwithstanding the absence of malice, dishonesty,
Petition to Sign in the Roll of Attorneys. We note that or ill motive, it is good to remind Atty. De Castro that
it was not a third party who called this Court’s as a member of the Bar, he is expected to exert every
attention to petitioner’s omission; rather, it was effort and consider it his duty to assist in the speedy
Medado himself who acknowledged his own lapse, and efficient administration of justice and to be more
albeit after the passage of more than 30 years. For circumspect whenever seeking the postponements of
another, petitioner has not been subject to any action cases.
for disqualification from the practice of law,which is Enrique Javier de Zuzuarregui v Anthony d
more than what we can say of other individuals who Zuzuarregui
were successfully admitted as members of the The dismissal of all the other criminal charges against
Philippine Bar. For this Court, this fact demonstrates respondent, coupled with various certificates of good
that petitioner strove to adhere to the strict moral character in his favor is sufficient for the Court
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to conclude that respondent possesses the moral A lawyer, under his oath, pledges himself not to delay
qualifications required of lawyers. any man for money or malice and is bound to conduct
himself with all good fidelity to his clients. He is
RANDY N. SEGURA v. PROSECUTOR MARILOU R.
obligated to report promptly the money of his client
GARACHICO-FABILA
that has come into his possession. He should not
jurisdiction over administrative cases against
commingle it with his private property or use it for
government lawyers relating to acts committed in the
his personal purposes without his client's consent.
performance of their official functions, lies with the
When a lawyer collects or receives money from his
Ombudsman which exercises administrative
client for a particular purpose (
supervision over them
ANITA C. PENA vs. ATTY. CHRISTINA C.
PATERNO 
In his complaint, complainant imputes to
DECEITFUL CONDUCT COMMITTED: The
respondent manifest bias and partiality in the conduct
failure of respondent to fulfill her duty as notary public
of the preliminary investigation and issuance of the
to submit her notarial and a copy of the said Deed of
Resolution which recommended the filing of a criminal
Sale that was notarized by her on the same month is
case against him. The acts complained of arose from
cause for revocation of her commission under Section
respondent's performance or discharge of official
249 of the Notarial Law. Lawyers commissioned as
duties as a public prosecutor. Hence, the authority to
notaries public are mandated to discharge with
investigate and discipline respondent exclusively
fidelity the duties of their offices, such duties
pertains to her superior, the Secretary of Justice. The
being dictated by public policy and impressed
authority may also pertain to the Office of the
with public interest. 
Ombudsman which similarly exercises disciplinary
jurisdiction over public prosecutors as public officials
pursuant to Section 15, paragraph 1, of R.A. No. EDGARDO AREOLA v. ATTY. MARIA VILMA
6770.17 Indeed, respondent's accountability as an MENDOZA
official performing or discharging her official duties is
always to be differentiated from her accountability as Rule 1.02 and Rule 15.07 of the Code of
a member of the Philippine Bar.18 For this reason, Professional Responsibility. It is the mandate of Rule
the IBP has no jurisdiction to investigate respondent 1.02 that "a lawyer shall not counsel or abet activities
as such government lawyer. aimed at defiance of the law or at lessening
confidence in the legal system." Rule 15.07 states
MODULE 2 that "a lawyer shall impress upon his client
EUFEMIA A. CAMINO, COMPLAINANT, VS. ATTY. compliance with the laws and the principles of
RYAN REY L. PASAGUI, RESPONDENT. fairness." Atty. Mendoza’s improper advice only
Rule 1.0, Canon 1 of the Code of Professional lessens the confidence of the public in our legal
Responsibility, provides that "[a] lawyer shall not system. It must be remembered that a lawyer’s duty
engage in unlawful, dishonest, immoral or deceitful is not to his client but to the administration of
conduct." It is well established that a lawyer's justice. 
conduct is "not confined to the performance of his
professional duties. A lawyer may be disciplined for MANUEL ENRIQUE L. ZALAMEA, AND MANUEL
misconduct committed either in his professional JOSE L. ZALAMEA, PETITIONERS, VS. ATTY.
or private capacity. The test is whether his conduct RODOLFO P. DE GUZMAN,
shows him to be wanting in moral character, honesty, Under Article 1491 of the Civil Code, lawyers
probity, and good demeanor, or whether it renders are prohibited to acquire by purchase, even at a
him unworthy to continue as an officer of the court. public or judicial auction, either in person or through
the mediation of another, their client's property and
"Unlawful" conduct does not necessarily imply rights in litigation. 
the element of criminality although the concept is   Canon 17 states that a lawyer owes fidelity to
broad enough to include such element. To be the cause of his client and he shall be mindful of the
"dishonest" means the disposition to lie, cheat, trust and confidence reposed in him, while Canon 16
deceive, defraud or betray; be unworthy; lacking in provides that "a lawyer shall hold in trust all moneys
integrity, honesty, probity, integrity in principle, and properties of his client that may come into his
fairness and straight-forwardness, while conduct that possession." 
is "deceitful" means the proclivity for fraudulent
and deceptive misrepresentation, artifice or device VERLITA V. MERCULLO and RAYMOND VEDANO,
that is used upon another who is ignorant of the true vs. ATTY. MARIE FRANCESE RAMON, 
facts, to the prejudice and damage of the party The respondent's conduct patently breached
imposed upon. Rule 1.01, Canon 1 of the Code of Professional
  Responsibility, which provides:
In addition: CANON 1 - A lawyer shall uphold the
He also violated Canon 16 of the CPR, which states constitution, obey the laws of the land and promote
that "[a] lawyer shall hold in trust all moneys and respect for law and for legal processes.
properties of his client that may come into his Rule 1.01 A lawyer shall not engage in
possession." unlawful, dishonest, immoral, or deceitful
  conduct.
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Evil intent was not essential in order to bring the Bar Matter No. 850 requires members of the
unlawful act or omission of the respondent within the IBP to undergo continuing legal education "to ensure
coverage of Rule 1. 01 of the Code of Professional that throughout their career, they keep abreast with
Responsibility. The Code exacted from her not only a law and jurisprudence, maintain the ethics of the
firm respect for the law and legal processes but also profession and enhance the standards of the practice
the utmost degree of fidelity and good faith in of law."
dealing with clients and the moneys entrusted by
them pursuant to their fiduciary relationship. MARIA VICTORIA G. BELO-HENARES v. ATTY.
ROBERTO "ARGEE" C. GUEVARRA
ELADIO D. PERFECTO v. JUDGE ALMA "Lawyers may be disciplined even for any conduct
CONSUELO D. ESIDERA committed in their private capacity, as long as their
misconduct reflects their want of probity or good
This court, in resolving cases that touch on issues
demeanor, a good character being an essential
of morality, is bound to remain neutral and to limit
qualification for the admission to the practice of law
the bases of its judgment on secular moral
and for continuance of such privilege.
standards. This court may not sit as judge of what is
moral according to a particular religion. We have
jurisdiction over matters of morality only insofar
as it involves conduct that is of public interest.

ALFRED LEHNERT, Complainant, v. ATTY. DENNIS HEIRS OF JUAN DE DIOS E. CARLOS, v. ATTY.

L. DIÑO, Respondent. JAIME S. LINSANGAN

lawyers must at all times faithfully perform Article 1491(5) of the Civil Code which forbids
their duties to society, to the bar, to the courts and lawyers from acquiring, by purchase or assignment,
to their clients. As part of those duties, they must the property that has been the subject of litigation in
promptly pay their financial obligations. Their which they have taken part by virtue of their
conduct must always reflect the values and norms of profession. Canon I of the CPR is clear in requiring
the legal profession as embodied in the Code of that "a lawyer shall uphold the Constitution, obey the
Professional Responsibility. It is equally disturbing laws of the land and promote respect for law and
that respondent remorselessly issued a series of legal process" and Rule 138, Sec. 3 which requires
worthless checks, unmindful of the deleterious every lawyer to take an oath to "obey the laws as well
effects of such act to public interest and public as the legal orders of the duly constituted authorities
order. therein." Here, the law transgressed by Atty.
Linsangan is Article 1491(5) of the Civil Code, in
This Court continues to state that the issuance of violation of his lawyer's oath.
worthless checks constitutes gross misconduct
and violates Canon 1 of the Code of Professional Canon 16 of the CPR. Indeed, a lawyer is not
Responsibility, which mandates all members of the entitled to unilaterally appropriate his client's money
bar "to obey the laws of the land and promote for himself by the mere fact that the client owes him
respect for law." Issuance of worthless checks also attorneys fees. 
violates Rule 1.01 of the Code, which mandates that
"[a] lawyer shall not engage in unlawful, MODULE 2 C and B
dishonest, immoral or deceitful conduct." RE: LETTER DATED 21 FEBRUARY 2005 OF
ATTY. NOEL S. SORREDA.
B. Duties to the Legal Profession CANON 11 - A lawyer shall observe and maintain the
respect due to the courts and to judicial officers and
Tapay v. Bancolo should insist on similar conduct by others.
Rule 9.01 of Canon 9 of the Code of
Professional Responsibility, which provides: A Rule 11.03 - A lawyer shall abstain from scandalous,
LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, offensive or menacing language or behavior before
ASSIST IN THE UNAUTHORIZED PRACTICE OF the courts.
LAW. Rule 9.01 - A lawyer shall not delegate to
any unqualified person the performance of any task Rule 11.04 - A lawyer shall not attribute to a judge
which by law may only be performed by a member motives not supported by the record or having no
of the Bar in good standing. materiality to the case.
The lawyer’s duty to prevent, or at the very While a lawyer owes absolute fidelity to the cause of
least not to assist in, the unauthorized practice of law his client, full devotion to his client's genuine interest
is founded on public interest and policy. The purpose and warm zeal in the maintenance and defense of his
is to protect the public, the court, the client, and the client's rights, as well as the exertion of his utmost
bar from the incompetence or dishonesty of those learning and ability, he must do so only within the
unlicensed to practice law and not subject to the bounds of the law. A lawyer is entitled to voice his
disciplinary control of the Court. criticism within the context of the constitutional
guarantee of freedom of speech which must be
SAMUEL B. ARNADO, v. ATTY. HOMOBONO A. exercised responsibly. After all, every right carries
ADAZA
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with it the corresponding obligation. Freedom is not ignorant of the true facts, to the prejudice and
freedom from responsibility, but freedom with damage of the party imposed upon.
responsibility. The lawyer's fidelity to his client must GROUNDS FOR DISBARMENT: A lawyer may be
not be pursued at the expense of truth and orderly disbarred or suspended for any violation of his oath, a
administration of justice. It must be done within the patent disregard of his duties, or an odious
confines of reason and common sense. ll deportment unbecoming of an attorney. A lawyer
must at no time be wanting in probity and moral fiber,
As officer of the court, Atty. Sorreda has the duty to
which are not only conditions precedent to his
uphold the dignity and authority of the courts and to entrance to the Bar but are, likewise, essential
promote confidence in the fair administration of demands for his continued membership in it.
justice.
ARELLANO UNIVERSITY, INC. v. ATTY.
FRANCISCO GALMAN CRUZ v.  JUSTICE PORTIA LEOVIGILDO H. MIJARES III
ALIÑO-HORMACHUELOS Every lawyer has the responsibility to protect and
A lawyer is an officer of the courts; he is, "like the advance the interests of his client such that he must
court itself, an instrument or agency to advance promptly account for whatever money or property his
the ends of justice." His duty is to uphold the client may have entrusted to him. As a mere trustee
dignity and authority of the courts to which he of said money or property, he must hold them
owes fidelity, "not to promote distrust in the separate from that of his own and make sure that
administration of justice." Faith in the courts a they are used for their intended purpose. If not used,
lawyer should seek to preserve. For, to undermine he must return the money or property immediately to
the judicial edifice "is disastrous to the continuity his client upon demand, otherwise the lawyer shall be
of government and to the attainment of the presumed to have misappropriated the same in
liberties of the people." Thus has it been said of a violation of the trust reposed on him.4 A lawyer’s
lawyer that "[a]s an officer of the court, it is his conversion of funds entrusted to him is a gross
sworn and moral duty to help build and not violation of professional ethics.5
destroy unnecessarily that high esteem and
regard towards the courts so essential to the AMPARO BUENO vs. ATTY. RAMON A. RAÑESES
proper administration of justice. It is frivolous, Canon 13 of the CPR – the rule that instructs lawyers
calculated merely to harass, annoy, and cast a to refrain from any impropriety tending to influence, or
groundless aspersion on respondents integrity and from any act giving the appearance of influencing, the
reputation. court. The respondent lawyer therein was suspended
from the practice of law for one year.
Samonte v. Atty. Jumamil,
SPS. JACINTO V. ATTY. BANGOT
Rule 10.01 — A lawyer shall not do any falsehood,
A lawyer shall observe candor, honesty and fairness
nor consent to the doing of any in Court; nor shall he
in dealing with the client, and shall only charge fair
mislead, or allow the Court to be misled by any
and reasonable fees for his legal services. In drawing
artifice.
up the terms of his professional engagement, he
should not practice deceit. The clients are entitled to
The Code provides that a "lawyer shall not, in his rescind the written agreement for his professional
professional dealings, use language that is abusive, services if the terms thereof contravened the true
offensive or otherwise improper." Lawyers are agreement of the parties.” 
instructed to be gracious and must use such words as
may be properly addressed by one gentleman to BALINGIT V. ATTY. CERVANTES
another. Our language is rich with expressions that
are emphatic but respectful, convincing but not Rule 20.4 of the Code of Professional Responsibility
derogatory, illuminating but not offensive. advises that xxx A lawyer shall avoid controversies
with clients concerning their compensation and to
resort to judicial action only to prevent imposition,
VIDAYLIN YAMON-LEACH V. ATTY. ARTURO B.
injustice or fraud. xxx It is improper for a lawyer to
ASTORGA
impose additional professional fees on his client that
He is guilty of violating Rule 1.01, Canon 1 of the
were never mentioned nor agreed upon the time of
Code. Any act or omission that is contrary to, or
the engagement of his services.
prohibited or unauthorized by, or in defiance of,
disobedient to, or disregards the law is unlawful. SPS. MONTECILLO AND SALONOY V ATTY.
Unlawful conduct does not necessarily imply the GATCHALIAN
element of criminality although the concept is
broad enough to include such element. To be
dishonest means the disposition to lie, cheat,
deceive, defraud, or betray; be unworthy; lacking
in integrity, honesty, probity, integrity in principle,
fairness, and straightforwardness, while conduct
that is deceitful means the proclivity for
fraudulent and deceptive misrepresentation,
artifice or device that is used upon another who is
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Every lawyer is duty-bound to serve his clients with

utmost diligence and competence, and never neglect
a legal matter entrusted to him. A lawyer owes fidelity
to the clients' cause and, accordingly is expected to
exercise the required degree of diligence in handling
their affairs. Consequently, he is expected to maintain
at all times a high standard of legal proficiency, and to
devote one's full attention, skill, and competence to
the case, whether it is accepted for a fee or for free. 
CANON 18 - A lawyer shall serve his client with
competence and diligence.
Rule 18.03 - A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
therewith shall render him liable.
Rule 18.04 - A lawyer shall keep the client informed
of the status of his case and shall respond within a
reasonable time to the client's request for information.
Jurisprudence provides that the lawyer's duties of
competence and diligence include not merely
reviewing cases or giving sound legal advice, but also
consist of properly representing a client before any
court or tribunal, attending scheduled hearings and
conferences, preparing and filing the required
pleadings, prosecuting handled cases with
reasonable dispatch, and urging their termination
without waiting for the client or the court to prod him
to do so. A lawyer's negligence in fulfilling these
duties subjects him to disciplinary action.