Legal Ethics

Cases Doctrines
Exception to the rule that Negligence of counsel binds the client (1) where reckless or gross
Spouses Cruz vs SPV- negligence of counsel deprives the client of due process of law; (2) when its application will
AMC result in outright deprivation of the client's liberty or property; or (3) where the interests of
justice so requires." When None of these exceptions are obtain, no exception.
Practice of law is not limited to the conduct of cases or litigation in court; it embraces the
Cayetano v. Monsod preparation of pleadings and other papers incident to actions and special proceedings, the
(Practice of Law) management of such actions and proceedings on behalf of clients before judges and courts,
and in addition, conveying.
The practice of law is a privilege extended only to the few who possess the high standards of
intellectual and moral qualifications the Court is duty bound to prevent the entry of
undeserving aspirants, as well as to exclude those who have been admitted but have become
In Re: Arthur M. Cuevas,
Jr. (Admission to the Bar)
a disgrace to the profession.

The lawyer’s oath is not a mere formality recited for a few minutes in the glare of flashing
cameras and before the presence of select witnesses.
The title “Attorney” is reserved for those who, (1)having obtained the necessary degree in
Alawi v. Alauya the study of law and had (2)successfully passed the bar examinations, have been (3)admitted
(Who are entitled to use to the integrated bar of the Philippines, (4)remain members in good standing.
the name attorney) Members of the Sharia Bar are not full-fledged members of the bar and may only practice
law before a Sharia Court.
Practice of law means any activity, in or out of court, which requires the application of law,
legal procedures, knowledge, training, and experience. The practice of law is not limited to
Ulep v Legal Clinic
(Practice of Law)
the conduct of cases in court. It includes legal advice and counsel, and the preparation of
legal instruments and contracts by which legal rights are secured, although such matters may
or may not be pending in a court.
A retainer fee is a preliminary fee paid to ensure and secure a lawyer’s future services, to
remunerate him for being deprived by being retained by one party, of the opportunity of
Research Services Realty,
rendering services to the other party and of receiving pay from him. In the absence of an
Inc. vs CA
(Retainership) agreement to the contrary, the retaining fee is neither made nor received in consideration of
the services contemplated; it is apart from what the client has agreed to pay for the services
which he has retained him to perform.
Whether there is an agreement or not, the courts shall fix a reasonable compensation which
lawyers may receive for their professional services.” “A lawyer has the right to be paid for
Rilloraza v. Eastern
Telecom
the legal services he has extended to his client, which compensation must be reasonable.” A
lawyer would be entitled to receive what he merits for his services. Otherwise stated, the
amount must be determined on a quantum meruit basis.
An attorney's lien is of two kinds: one is called retaining alien and the other charging lien.
The retaining lien is the right of the attorney to retain the funds, documents, and papers of
his client which have lawfully come into his possession until his lawful fees and
disbursements have been paid and to apply such funds to the satisfaction thereof. The
charging lien is the right which the attorney has upon all judgments for the payment of
money, and executions issued in pursuance of said judgments, which he has secured in
Traders Royal Bank v. litigation of his client (Section 33, Rule 127; Rustia vs. Abeto, 72 Phil., 133). Under this
NLRC rule, this lien, whether retaining or charging, takes legal effect only from and after, but not
before, notice of said lien has been entered in the record and served on the adverse party
(Macondray & Company, Inc. vs. Jose, 66 Phil., 590; Menzi and Company vs. Bastida, 63
Phil., 16).
Where a lawyer is employed without a price for his services being agreed upon, the courts
shall fix the amount on quantum meruit basis. In such a case, he would be entitled to receive
what he merits for his services.
It is well-settled that in order that a communication between a lawyer and his client may be
privileged, it must be for a lawful purpose or in furtherance of a lawful end. The existence of
an unlawful prevents the privilege from attaching.

People v. Sandiganbayan Prosecution of the honorable relation of attorney and client will not be permitted under the
guise of privilege and every communication made to an attorney by a client for a criminal
purpose is a conspiracy or an attempt to a conspiracy which is not only lawful to divulge but
which the attorney under the certain circumstances may be bound to disclose at once in the
interest of justice.
Regala V. Sandiganbayan AS A GENERAL RULE A LAWYER MAY NOT REFUSE TO
DIVULGE THE IDENTITY OF HIS CLIENT; RATIONALE. — As a matter of public
policy, a client's identity should not be shrouded in mystery. Under this premise, the general
rule in our jurisdiction as well as in the United States is that a lawyer may not invoke the
privilege and refuse to divulge the name or identity of his client. The general rule is,
however, qualified by some important
exception. 1) Client identity is privileged where a strong probability exists that revealing the
client's name would implicate that client in the very activity for which he sought the lawyer's
 advice. 2) Where disclosure would open the client to civil liability, his identity is privileged.
3) Where the government's lawyers have no case against an attorney's client unless, by
revealing the client's name, the said name would furnish the only link that would form the
chain of testimony necessary to convict an individual of a crime, the client's name is
privileged.
As a general rule negligence of counsel binds the client. This is based on the rule that any act
performed by a counsel within the scope of his general or implied authority is regarded as an
act of his client. Consequently, the mistake or negligence of counsel may result in the
rendition of an unfavorable judgment against the client.
However, the application of the general rule to a given case should be looked into and
Apex Mining v. CA adopted according to the surrounding circumstances obtaining. Thus, exceptions to the
foregoing have been recognized by the court in cases where reckless or gross negligence of
counsel deprives the client of due process of law, or when its application will result in
outright deprivation of the client's liberty or property or where the interests of justice so
require, and accord relief to the client who suffered by reason of the lawyer's gross or
palpable mistake or negligence.
Canon 18 of the Code of Professional Responsibility requires every lawyer to serve his
People v. Sevilleno client with utmost dedication, competence and diligence. He must not neglect a legal matter
entrusted to him, and his negligence in this regard renders him administratively liable.
Section 20. Duties of attorneys. — It is the duty of an attorney
(b) To observe and maintain the respect due to the courts of justice and judicial officers.
We desire to call attention to the fact that courts' orders, however erroneous they may be,
must be respected, especially by the bar or the lawyers who are themselves officers of the
courts. Court orders are to be respected not because the judges who issue them should be
Villaflor v. Sarita respected, but because of the respect and consideration that should be extended to the
judicial branch of the Government. This is absolutely essential if our Government is to be a
government of laws and not of men. Respect must be had not because of the incumbents to
the positions, but because of the authority that vests in them. Disrespect to judicial
incumbents is disrespect to that branch of the Government to which they belong, as well as
to the State which has instituted the judicial system.
LEGAL AND JUDICIAL ETHICS; CODE OF PROFESSIONAL RESPONSIBILITY; A
LAWYER IS EXPECTED TO HAVE A HIGH SENSE OF MORALITY, HONESTY AND
ATTY. PRUDENCIO S. FAIR DEALING. — This court has repeatedly admonished lawyers that a high sense of
PENTICOSTES morality, honesty and fair dealing is expected and required of a member of the bar. Rule 1.01
COMPLAINANT
vs PROSECUTOR
of the Code of Professional Responsibility provides that "[a] lawyer shall not engage in
DIOSDADO S. IBAÑEZ unlawful, dishonest, immoral or deceitful conduct." It is glaringly clear that respondent's
RESPONDENT non-remittance for over one year of the funds coming from Encarnacion Pascual constitutes
conduct in gross violation of the above canon. The belated payment of the same to the SSS
does not excuse his misconduct.
“moral turpitude includes everything which is done contrary to justice, honesty or good
morals. In essence and in all respects, estafa, no doubt, is a crime involving moral turpitude
because the act is unquestionably against justice, honesty and good morals.”
Resurreccion v Sayson
Good moral character is not only a condition precedent to admission to the legal profession,
but it must also remain extant in order to maintain one’s good standing in that exclusive and
honored fraternity.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

GENERAL RULE:
Nakpil v.Valdes based on sound public policy, that an attorney cannot represent adverse interests.

EXCEPTION:
representation of conflicting interests may be allowed where the parties consent to the
representation, after full disclosure of facts.
Sec. 26. Change of attorneys — An attorney may retire at any time from any action or
special proceeding, by the written consent of his client filed in court. He may also retire at
any time from an action or special proceeding, without the consent of his client, should the
court, on notice to the client and attorney, and on hearing, determine that he ought to be
allowed to retire. In case of substitution, the name of the attorney newly employed shall be
Aquino vs CA entered on the docket of the court in place of the former one, and written notice of the
change shall be given to the adverse party.
Requisites of change of attorneys:
Written application for substitution;
Written consent of the client;
Written consent of the attorney to be substituted.
Code of Judicial Conduct Cases

Cases Doctrines
A.M. No. MTJ-95-1028 Life, liberty and property hang on the balance everytime a judge wields judicial power.We
Manlangit vs Urgel cannot overemphasize the importance of a judge's cautious, diligent and intelligent
performance of judicial functions.Reckless judges make justice a tormenting illusion to our
 people.
The office of a judge exists for one solemn end — to promote justice by administering it
fairly and impartially. The judge is the visible representation of the law and justice. A judge
who, through gross ignorance of the law or serious misconduct frustrates the ends of justice
commits a rank disservice to the cause of justice which calls for the application of
A.M. No. RTJ-92-881 appropriate disciplinary measures (Villa vs. Amonoy, 194 SCRA 48 [1991]).
Gallardo v. Tabamo
"Rule 3.01 A judge shall be faithful to the law and maintain professional competence.

"Rule 3.02 In every case, a judge shall endeavor diligently to ascertain the fact and the
applicable law unswayed by partisan interests, public opinion or fear of criticism."
As a general rule, the acts done by a judge in his judicial capacity are not subject to
disciplinary action, even though erroneous. These acts become subject to our disciplinary
power only when they are attended by fraud, dishonesty, corruption or bad faith. A re-
evaluation of the case at bar presents no occasion for us to depart from the general rule.
-No malice in the actuations of Judge Maceda.
-Zeal to uphold the dignity of the court.
-Seriousness with which he takes his task as dispenser of justice.
A.M. No. RTJ-91-660
Abiera v. Maceda
-Earnest efforts in reducing his heavy caseload and instilling discipline in his court.
-He would not tolerate any attempt at disrespect towards the court nor permit the use of
double talk from any member of the Bar.

It bears stressing that the relations between counsel and judge should be based on mutual
respect and on a deep appreciation by one of the duties of the other. It is upon their cordial
relationship and mutual cooperation that the hope of our people for speedy and efficient
justice rests.
It is error to default a defendant after the answer has already been filed.
G.R. No. L-64276
Cathay Pacific v. Romillo
Damages; Judges; Award of excessive damages may warrant administrative investigation.
Utmost diligence is required of trial judges in granting bail, especially in cases where bail is
not a matter of right. Certain procedures must be followed in order to be assured that the
A.M. No. MTJ-99-1175 accused would be present during trial. As a responsible judge respondent must not be
swayed by the mere representations of the parties; instead, he should look into the real and
hard facts of the case. He must be impartial not only in appearance but also in fact.
A judge should likewise be imbued with a high sense of duty and responsibility in the
discharge of his obligation to promptly administer justice

Inefficient, indolent or neglectful judges are as equally impermissible in the judiciary as the
12. A.M. No. MTJ-00- incompetent and dishonest ones
1245. January 19, 2000

Yu-Asensi vs. Villanueva No position is more demanding as regards moral righteousness and uprightness of any
individual than a seat on the Bench

In insulating the Bench from unwarranted criticism, thus preserving our democratic way of
life, it is essential that judges, like Caesar’s wife, should be above suspicion.

MANDATORY
CONTINUING LEGAL
EDUCATION
Counsel needs to indicate in every pleading that will be filed in court the counsel's Mandatory
- Continuing Legal Education (MCLE) Compliance Number for the immediately preceding compliance
period.
B.M. No. 1922, requires practicing members of the bar shall INDICATE in all pleadings filed before
the courts, the number and date of issue of their MCLE Certificate of Compliance or Certificate of
- Exemption. Failure to disclose the required information would cause the dismissal of the case and the
expunction of the pleadings from the records. (June 03, 2008)
Purpose of MCLE, to keep abreast with law and jurisprudence, maintainthe ethics of the profession and
- enhance the standards of the practice of law.
Not exempt under Rule 7 shall complete every three (3) years at least thirty-six (36) hours of continuing
- legal education activities approved by the MCLE Committee.