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CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY

A.M. No. 22-09-01-SC - April 11, 2023

CANON I
INDEPENDENCE

The independence of a lawyer in the discharge of professional duties


without any improper influence, restriction, pressure, or interference,
direct or indirect, ensures effective legal representation and is ultimately
imperative for the rule of law.

SECTION IDENTIFY IF OLD IF PREVIOUS


OR NEW PROVISION, INDICATE
PROVISION THE SAME

Section 1. Independent, OLD PROVISION, CANON 2 - A LAWYER


accessible, efficient and SHALL MAKE HIS LEGAL
effective legal service. — A SERVICES AVAILABLE IN
lawyer shall make legal services AN EFFICIENT AND
accessible in an efficient and CONVENIENT MANNER
effective manner. In performing COMPATIBLE WITH THE
this duty, a lawyer shall INDEPENDENCE,
maintain independence, act with INTEGRITY AND
integrity, and at all times ensure EFFECTIVENESS OF THE
the efficient and effective PROFESSION.
delivery of justice.

OLD PROVISION

Section 2. Merit-based CANON 13 - A LAWYER


practice. — A lawyer shall rely SHALL RELY UPON THE
solely on the merits of a cause MERITS OF HIS CAUSE
and not exert, or give the AND REFRAIN FROM ANY
appearance of, any influence on, IMPROPRIETY WHICH
nor undermine the authority of, TENDS TO INFLUENCE, OR
the court, tribunal or other GIVES THE APPEARANCE
government agency, or its OF INFLUENCING THE
proceedings. COURT.

OLD PROVISION

Section 3. Freedom from CANON 1 - Rule 1.01 - A


improper considerations and lawyer shall not engage in
external influences. — A unlawful, dishonest,
lawyer shall not, in advocating a immoral or deceitful
client’s cause, be influenced by conduct.
dishonest or immoral
considerations, external CANON 13 - A LAWYER
influences, or pressure. SHALL RELY UPON THE
MERITS OF HIS CAUSE
AND REFRAIN FROM ANY
IMPROPRIETY WHICH
TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE
OF INFLUENCING THE
COURT.

OLD PROVISION

Section 4. Non-interference CANON 13 Rule 13.03 -


by a lawyer. — Unless A lawyer shall not brook or
authorized by law or a court, a invite interference by
lawyer shall not assist or cause another branch or agency
a branch, agency, office or of the government in the
officer of the government to normal course of judicial
interfere in any matter before proceedings.
any court, tribunal, or other
government agency.

NEW PROVISION
Section 5. Lawyer’s duty and
discretion in procedure and
CANON 19 Rule 19.03 -
strategy. — A lawyer shall not
A lawyer shall not allow his
allow the client to dictate or
determine the procedure in
handling the case.

Nevertheless, a lawyer shall client to dictate the


respect the client’s decision to procedure in handling the
settle or compromise the case case.
after explaining its
consequences to the client

CANON 2

PROPRIETY

A lawyer shall, at all times, act with propriety and maintain the appearance
of propriety in personal and professional dealings, observe honesty,
respect and courtesy, and uphold the dignity of the legal profession
consistent with the highest standards of ethical behavior.

SECTION OLD OR NEW IF PREVIOUS


PROVISION PROVISION, INDICATE
THE SAME

Section 1. Proper conduct. — A lawyer OLD PROVISION CANON 1 (RULE 1.01)


shall not engage in unlawful, dishonest, CANON 1 - A
immoral, or deceitful conduct. LAWYER SHALL
UPHOLD THE
CONSTITUTION,
OBEY THE LAWS OF
THE LAND AND
PROMOTE RESPECT
FOR LAW OF AND
LEGAL PROCESSES.

Rule 1.01 - A lawyer


shall not engage in
unlawful, dishonest,
immoral or deceitful
conduct.

Section 2. Dignified conduct. — A NEW PROVISION CANON 1 (RULE 1.01)


lawyer shall respect the law, the courts, RELATED TO CANON 1 - A
tribunals, and other government LAWYER SHALL
CANON 1 (RULE
agencies, their officials, employees, and
1.01) UPHOLD THE
processes, and act with courtesy, civility,
fairness, and candor towards fellow CONSTITUTION,
members of the bar. OBEY THE LAWS OF
THE LAND AND
A lawyer shall not engage in conduct that PROMOTE RESPECT
adversely reflects on one’s fitness to FOR LAW OF AND
practice law, nor behave in a scandalous
LEGAL PROCESSES.
manner, whether in public or private life,
to the discredit of the legal profession.

Rule 1.01 - A lawyer


shall not engage in
unlawful, dishonest,
immoral or deceitful
conduct.

Section 3. Safe environment; avoid NEW PROVISION CANON 1 (RULE 1.01)


all forms of abuse or harassment. — RELATED TO CANON 1 - A
A lawyer shall not create or promote an CANON 1 (RULE LAWYER SHALL
unsafe or hostile environment, both in 1.01) UPHOLD THE
private and public settings, whether
online, in workplaces, educational or CONSTITUTION,
training institutions, or in recreational OBEY THE LAWS OF
areas. THE LAND AND
PROMOTE RESPECT
To this end, a lawyer shall not commit FOR LAW OF AND
any form of physical, sexual,
LEGAL PROCESSES.
psychological, or economic abuse or
violence against another person. A
lawyer is also prohibited from engaging
in any gender-based harassment or Rule 1.01 - A lawyer
discrimination.
shall not engage in
unlawful, dishonest,
immoral or deceitful
conduct.

Section 4. Use of dignified, gender- NEW PROVISION


fair, and child- and culturally-
sensitive language. — A lawyer shall
use only dignified, gender-fair, child- and
culturally-sensitive language in all
personal and professional dealings.

To this end, a lawyer shall not use


language which is abusive, intemperate,
offensive or otherwise improper, oral or
written, and whether made through
traditional or electronic means, including
all forms or types of mass or social
media.

Section 5. Observance of fairness NEW PROVISION Rule 2.02 - In such


and obedience. — A lawyer shall, in RELATED TO RULE cases, even if the
every personal and professional 2.01 lawyer does not
engagement, insist on the observance of
the principles of fairness and obedience
accept a case, he
to the law. shall not refuse to
render legal advice to
the person concerned
if only to the extent
necessary to
safeguard the latter's
rights.

Section 6. Harassing or threatening NEW PROVISION Rule 2.02 - In such


conduct. — A lawyer shall not harass or RELATED TO RULE cases, even if the
threaten a fellow lawyer, the latter’s 2.01 lawyer does not
client or principal, a witness, or any
official or employee of a court, tribunal,
accept a case, he
or other government agency. shall not refuse to
render legal advice to
the person concerned
if only to the extent
necessary to
safeguard the latter's
rights.

Section 7. Formal decorum and NEW PROVISION CANON 8 - A


appearance. — A lawyer shall observe RELATED TO LAWYER SHALL
formal decorum before all courts, CANON 8 CONDUCT HIMSELF
tribunals, and other government
agencies.
WITH COURTESY,
FAIRNESS AND
A lawyer’s attire shall be consistent with CANDOR TOWARDS
the dignity of the court, tribunal or other HIS PROFESSIONAL
government agency, with due respect to COLLEAGUES, AND
the person’s sexual orientation, gender
SHALL AVOID
identity, and gender expression.
HARASSING TACTICS
AGAINST OPPOSING
COUNSEL.

Section 8. Prohibition against NEW PROVISION Rule 10.01 - A lawyer


misleading the court, tribunal, or RELATED TO shall not do any
other government agency. — A lawyer CANON 10 (RULE falsehood, nor
shall not misquote, misrepresent, or 10.01)
mislead the court as to the existence or
consent to the doing
the contents of any document, argument, of any in Court; nor
evidence, law, or other legal authority, or shall he mislead, or
pass off as one’s own the ideas or words allow the Court to be
of another, or assert as a fact that which misled by any
has not been proven. artifice.

Section 9. Obstructing access to NEW PROVISION Rule 10.03 - A lawyer


evidence or altering, destroying, or RELATED TO shall observe the
concealing evidence. — A lawyer shall CANON 10 (RULE rules of procedure
not obstruct another lawyer’s access to 10.03)
evidence during trial, including
and shall not misuse
testimonial evidence, or alter, destroy, or them to defeat the
conceal evidence. ends of justice.
Section 10. Conduct in the NEW PROVISION CANON 12 - A
presentation of a witness. — A lawyer RELATED TO LAWYER SHALL
shall avoid all forms of impropriety when CANON 12 EXERT EVERY
presenting or confronting a witness.
EFFORT AND
A lawyer shall not coach, abuse, CONSIDER IT HIS
discriminate against, or harass any DUTY TO ASSIST IN
witness, in or out of the court, tribunal, THE SPEEDY AND
or other government agency, or talk to a EFFICIENT
witness during a break or recess in the
ADMINISTRATION OF
trial, while a witness is still under
examination. Neither shall a lawyer
JUSTICE.
direct, assist, or abet any
misrepresentation or falsehood by a
witness

Section 11. False representations or NEW PROVISION CANON 12 - A


statements; duty to correct. — A RELATED TO LAWYER SHALL
lawyer shall not make false CANON LAW 12 EXERT EVERY
representations or statements. A lawyer
shall be liable for any material damage
EFFORT AND
caused by such false representations or CONSIDER IT HIS
statements. DUTY TO ASSIST IN
THE SPEEDY AND
A lawyer shall not, in demand letters or EFFICIENT
other similar correspondence, make false
ADMINISTRATION OF
representations or statements, or impute
civil, criminal, or administrative liability,
JUSTICE.
without factual or legal basis.

A lawyer shall correct false or inaccurate


statements and information made in
relation to an application for admission to
the bar, any pleading, or any other
document required by or submitted to
the court, tribunal or agency, as soon as
its falsity or inaccuracy is discovered or
made known to him or her.

Section 12. Duty to report dishonest, NEW PROVISION CANON 8 - A


deceitful or misleading conduct. — A RELATED TO
LAWYER SHALL
lawyer shall immediately inform a court, CANON 8
tribunal, or other government agency of CONDUCT HIMSELF
any dishonest, deceitful or misleading WITH COURTESY,
conduct related to a matter being FAIRNESS AND
handled by said lawyer before such CANDOR TOWARDS
court, tribunal, or other government
agency.
HIS PROFESSIONAL
COLLEAGUES, AND
A lawyer shall also report to the SHALL AVOID
appropriate authority any transaction or HARASSING TACTICS
unlawful activity that is required to be AGAINST OPPOSING
reported under relevant laws, including
the submission of covered and suspicious
COUNSEL.
transactions under regulatory laws, such
as those concerning anti-money
laundering. When disclosing or reporting
the foregoing information to the
appropriate court, tribunal, or other
government agency, the lawyer shall not
be deemed to have violated the lawyer’s
duty of confidentiality.

Any such information shall be treated


with strict confidentiality.

A baseless report shall be subject to civil,


criminal, or administrative action.

Section 12. Duty to report dishonest, NEW PROVISION Canon I, Rule 1.01 - A
deceitful or misleading conduct. — A RELATED TO (OLD) lawyer shall not engage
lawyer shall immediately inform a court, CANON I in unlawful, dishonest,
tribunal, or other government agency of immoral or deceitful
any dishonest, deceitful or misleading conduct.
conduct related to a matter being handled
by said lawyer before such court, tribunal,
or other government agency.

A lawyer shall also report to the


appropriate authority any transaction or
unlawful activity that is required to be
reported under relevant laws, including the
submission of covered and suspicious
transactions under regulatory laws, such as
those concerning anti-money laundering.
When disclosing or reporting the foregoing
information to the appropriate court,
tribunal, or other government agency, the
lawyer shall not be deemed to have
violated the lawyer’s duty of confidentiality.

Any such information shall be treated with


strict confidentiality.

A baseless report shall be subject to civil,


criminal, or administrative actions.

Section 13. Imputation of a NEW PROVISION CANON 7 - A LAWYER


misconduct, impropriety, or crime RELATED TO (OLD) SHALL AT ALL TIMES
without basis. — A lawyer shall not, CANON 7 UPHOLD THE INTEGRITY
directly or indirectly, impute to or accuse AND DIGNITY OF THE
another lawyer of a misconduct, LEGAL PROFESSION AND
impropriety, or a crime in the absence of SUPPORT THE
factual or legal basis. ACTIVITIES OF THE
INTEGRATED BAR.
Neither shall a lawyer, directly or indirectly,
file or cause to be filed, or assist in the Rule 7.03. A lawyer shall
filing of frivolous or baseless not engage in conduct
administrative, civil, or criminal complaints that adversely reflects on
against another lawyer. 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.

Section 14. Remedy for grievances; NEW PROVISION Rule 11.05 - A lawyer
insinuation of improper motive. — A RELATED TO CANON shall submit grievances
lawyer shall submit grievances against any 11 against a Judge to the
officer of a court, tribunal, or other proper authorities only.
government agency only through the
appropriate remedy and before the proper
authorities.

Statements insinuating improper motive on


the part of any such officer, which are not
supported by substantial evidence, shall be
ground for disciplinary action.

Section 15. Improper claim of NEW PROVISION Canon 13 - A LAWYER


influence or familiarity. — A lawyer shall RELATED TO (OLD) SHALL RELY UPON THE
observe propriety in all dealings with CANON 13 MERITS OF HIS CAUSE
officers and personnel of any court, AND REFRAIN FROM ANY
tribunal, or other government agency, IMPROPRIETY WHICH
whether personal or professional. TENDS TO INFLUENCE,
Familiarity with such officers and personnel OR GIVES THE
that will give rise to an appearance of APPEARANCE OF
impropriety, influence, or favor shall be INFLUENCING THE
avoided. COURT.
A lawyer shall not make claims of power, Rule 13.01 - A lawyer
influence, or relationship with any officer of shall not extend
a court, tribunal, or other government extraordinary attention or
agency. hospitality to, nor seek
opportunity for cultivating
familiarity with Judges.

Section 16. Duty to report life- NEW PROVISION CANON I


threatening situations. — A lawyer who RELATED TO (OLD)
has reasonable grounds to believe that a CANON 1 Rule 1.01. A lawyer shall
life-threatening situation is likely to not engage in unlawful,
develop in relation to any proceeding in dishonest, immoral, or
any court, tribunal, or other government deceitful conduct.
agency shall immediately report the same
to the proper authorities. 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.

Rule 1.03. A lawyer shall


not, for any corrupt
motive or interest,
encourage any suit or
proceeding or delay any
man's cause.

Rule 18.02. A lawyer shall


not handle any legal
matter without adequate
preparation

Section 17. Non-solicitation and NEW PROVISION CANON 3, Rule 3.04 - A


impermissible advertisement. — A RELATED TO (OLD) lawyer shall not pay or
lawyer shall not, directly or indirectly, CANON 3 give anything of value to
solicit, or appear to solicit, legal business. representatives of the
mass media in
anticipation of, or in
A lawyer shall not, directly or indirectly,
return for, publicity to
advertise legal services on any platform or
attract legal business.
media except with the use of dignified,
verifiable, and factual information,
including biographical data, contact details,
fields of practice, services offered, and the
like, so as to allow a potential client to
make an informed choice. In no case shall
the permissible advertisement be self-
laudatory.
A lawyer, law firm, or any of their
representatives shall not pay or give any
benefit or consideration to any media
practitioner, award-giving body,
professional organization, or personality, in
anticipation of, or in return for, publicity or
recognition, to attract legal representation,
service, or retainership.

Section 18. Prohibition against self- NEW PROVISION CANON 3 - A LAWYER IN


promotion. — A lawyer shall not make RELATED TO (OLD) MAKING KNOWN HIS
public appearances and statements in CANON 3 LEGAL SERVICES SHALL
relation to a terminated case or legal USE ONLY TRUE,
matter for the purpose of self-promotion, HONEST, FAIR,
self- aggrandizement, or to seek public DIGNIFIED AND
sympathy. OBJECTIVE
INFORMATION OR
STATEMENT OF FACTS.

Rule 3.01. A lawyer shall


not use or permit the use
of any false, fraudulent,
misleading, deceptive,
undignified, self-
laudatory or unfair
statement or claim
regarding his
qualifications or legal
services.

Section 19. Sub-judice rule. — A lawyer NEW PROVISION Canon 13, Rule 13.02.
shall not use any forum or medium to RELATED TO (OLD) A lawyer shall not make
comment or publicize opinion pertaining to CANON 13 public statements in the
a pending proceeding before any court, media regarding a
tribunal, or other government agency that pending case tending to
may: arouse public opinion for
or against a party.
(a) cause a pre-judgment, or(b) sway
public perception so as to impede,
obstruct, or influence the decision of such
court, tribunal, or other government
agency, or which tends to tarnish the
court’s or tribunal’s integrity, or(c) impute
improper motives against any of its
members, or(d) create a widespread
perception of guilt or innocence before a
final decision. cha

Section 20. Disclosure of relationship NEW PROVISION Chapter IV: THE


or connection. — A lawyer shall, at the RELATED TO (OLD) LAWYER AND THE
first available opportunity, formally disclose CANON 15 CLIENT.
on record the lawyer’s relationship or
connection with the presiding officer of any
court, tribunal, or other government Canon 15, Rule 15.03
agency, or any of its personnel, or the states. A lawyer shall not
lawyer’s partners, associates, or clients, represent conflicting
that may serve as a ground for mandatory interests except by
inhibition in any pending proceeding before written consent of all
such court, tribunal, or other government concerned given after a
agency. full disclosure of the
facts.

Section 21. Prohibition against gift- NEW PROVISION Rule 1.01. A lawyer shall
giving and donations. — A lawyer shall RELATED TO (OLD) not engage in unlawful,
not directly or indirectly give gifts, CANONs 1, 16, & 20 dishonest, immoral, or
donations, contributions of any value or deceitful conduct.
sort, on any occasion, to any court,
tribunal or government agency, or any of Rule 1.03. A lawyer shall
its officers and personnel. not, for any corrupt
motive or interest,
encourage any suit or
proceeding or delay any
man's cause.

Rule 16.01. A lawyer


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

Rule 20.03. A lawyer


shall not, without the full
knowledge and consent of
the client, accept any fee,
reward, costs,
commission, interest,
rebate, or forwarding
allowance or other
compensation whatsoever
related to his professional
employment from anyone
other than the client.

Section 22. No undue advantage of NEW PROVISION CANON 1 - A LAWYER


ignorance of the law. — A lawyer shall RELATED TO (OLD) SHALL UPHOLD THE
not take advantage of a non-lawyer’s lack CANONs 1 CONSTITUTION, OBEY
of education or knowledge of the law. THE LAWS OF THE LAND
AND PROMOTE RESPECT
FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01. A lawyer shall
not engage in unlawful,
dishonest, immoral or
deceitful conduct.

Section 23. Instituting multiple cases;


forum shopping. — A lawyer shall not
knowingly engage or through gross
negligence in forum shopping, which
offends against the administration of
justice, and is a falsehood foisted upon the
court, tribunal, or other government
agency.

A lawyer shall not institute or advise the


client to institute multiple cases to gain
leverage in a case, to harass a party, to
delay the proceedings, or to increase the
cost of litigation.

Section 24. Encroaching or interfering


in another lawyer’s engagement;
exception. — A lawyer shall not, directly
or indirectly, encroach upon or interfere in
the professional engagement of another
lawyer.

This includes a lawyer’s attempt to


communicate, negotiate, or deal with the
person represented by another lawyer on
any matter, whether pending or not in any
court, tribunal, body, or agency, unless
when initiated by the client or with the
knowledge of the latter’s lawyer.

A lawyer, however, may give proper advice


and assistance to anyone seeking relief
against perceived unfaithful or neglectful
counsel based on the Code.
Section 25. Responsibility of a solo
practitioner. — A lawyer in solo practice
shall ensure that all matters requiring such
lawyer’s professional skill and judgment
are promptly and competently addressed.

Section 26. Definition of a law firm;


choice of firm name. — A law firm is any
private office, partnership, or association,
exclusively comprised of a lawyer or
lawyers engaged to practice law, and who
hold themselves out as such to the public.

In the choice of a firm name, no false,


misleading, or assumed name shall be
used. The continued use of the name of a
deceased, incapacitated, or retired partner
is permissible provided that the firm
indicates in all its communications that said
partner is deceased, incapacitated, or
retired.

Section 27. Partner who assumes


public office. — When a partner assumes
public office, such partner shall withdraw
from the firm and such partner’s name
shall be removed from the firm name,
unless allowed by law to practice
concurrently.

Section 28. Dignified government


service. — Lawyers in government service
shall observe the standard of conduct
under the CPRA, the Code of Conduct and
Ethical Standards for Public Officials and
Employees, and other related laws and
issuances in the performance of their
duties.

Any violation of the CPRA by lawyers in


government service shall be subject to
disciplinary action, separate and distinct
from liability under pertinent laws or rules.

Section 29. Lawyers formerly in


government service. — A lawyer who has
left government service shall not engage in
private practice pertaining to any matter
before the office where he or she used to
be connected within a period of one (1)
year from his or her separation from such
office. Justices, judges, clerks of court,
city, provincial, and regional prosecutors
shall not appear before any court within
the territorial jurisdiction where they
previously served within the same period.

After leaving government service, a lawyer


shall not accept an engagement which
could improperly influence the outcome of
the proceedings which the lawyer handled
or intervened in, or over which the lawyer
previously exercised authority, while in said
service.

Section 30. No financial interest in


transactions; no gifts. — A lawyer in
government shall not, directly or indirectly,
promote or advance his or her private or
financial interest or that of another, in any
transaction requiring the approval of his or
her office. Neither shall such lawyer solicit
gifts or receive anything of value in relation
to such interest.

Such lawyer in government shall not give


anything of value to, or otherwise unduly
favor, any person transacting with his or
her office, with the expectation of any
benefit in return.

Section 31. Prosecution of criminal


cases. — The primary duty of a public
prosecutor is not to convict but to see that
justice is done.

Suppressing facts, concealing of, tampering


with or destroying evidence, coaching a
witness, or offering false testimony is
cause for disciplinary action.

The obligations of a public prosecutor shall


also be imposed upon lawyers in private
practice who are authorized to prosecute
under the direct supervision and control of
the public prosecutor.

Section 32. Lawyers in the academe. —


A lawyer serving as a dean, administrative
officer, or faculty member of an
educational institution shall at all times
adhere to the standards of behavior
required of members of the legal profession
under the CPRA, observing propriety,
respectability, and decorum inside and
outside the classroom, and in all media.

Section 33. Conflict of interest for


lawyers in the academe. — A lawyer
serving as a dean, administrative officer, or
faculty member of an educational
institution shall disclose to the institution
any adverse interest of a client.

Upon discovery of any adverse interest of


the lawyer’s client which directly affects
any student who is under his or her direct
supervision and guidance, the lawyer shall
likewise disclose the same to the
institution.

Section 34. Paralegal services;


lawyer’s responsibility. — A paralegal is
one who performs tasks that require
familiarity with legal concepts, employed or
retained by a lawyer, law office,
corporation, governmental agency, or other
entity for non-diagnostic and non-advisory
work in relation to legal matters delegated
by such lawyer, law office, corporation,
governmental agency, or other entity.

A lawyer must direct or supervise a


paralegal in the performance of the latter’s
delegated duties.

The lawyer’s duty of confidentiality shall


also extend to the services rendered by the
paralegal, who is equally bound to keep the
privilege.

Section 35. Non-delegable legal tasks.


— A lawyer shall not delegate to or permit
a non-lawyer, including a paralegal, to:cha

(a) accept cases on behalf of the lawyer;

(b) give legal advice or opinion;

(c) act independently without the lawyer’s


supervision or direction;

(d) to hold himself or herself out as a


lawyer, or be named in association with a
lawyer in any pleading or submission to
any court, tribunal, or other government
agency;

(e) appear in any court, tribunal, or other


government agency, or actively participate
in formal legal proceedings on behalf of a
client, except when allowed by the law or
rules;

(f) conduct negotiations with third parties


unless allowed in administrative agencies,
without a lawyer’s supervision or direction;

(g) sign correspondence containing a legal


opinion;

(h) perform any of the duties that only


lawyers may undertake.

These provisions shall not apply to law


student practitioners under Rule 138-A of
the Rules of Court.

Section 36. Responsible use. — A


lawyer shall have the duty to understand
the benefits, risks, and ethical implications
associated with the use of social media.

Section 37. Online posts. — A lawyer


shall ensure that his or her online posts,
whether made in a public or restricted
privacy setting that still holds an audience,
uphold the dignity of the legal profession
and shield it from disrepute, as well as
maintain respect for the law.

Section 38. Non-posting of false or


unverified statements, disinformation.
— A lawyer shall not knowingly or
maliciously post, share, upload or
otherwise disseminate false or unverified
statements, claims, or commit any other
act of disinformation.
Section 39. Prohibition against
fraudulent accounts. — A lawyer shall
not create, maintain or operate accounts in
social media to hide his or her identity for
the purpose of circumventing the law or
the provisions of the CPRA.

Section 40. Non-disclosure of


privileged information through online
posts. — A lawyer shall not reveal, directly
or indirectly, in his or her online posts
confidential information obtained from a
client or in the course of, or emanating
from, the representation, except when
allowed by law or the CPRA.

Section 41. Duty to safeguard client


confidences in social media. — A
lawyer, who uses a social media account to
communicate with any other person in
relation to client confidences and
information, shall exert efforts to prevent
the inadvertent or unauthorized disclosure
or use of, or unauthorized access to, such
an account.

Section 42. Prohibition against


influence through social media. — A
lawyer shall not communicate, whether
directly or indirectly, with an officer of any
court, tribunal, or other government
agency through social media to influence
the latter’s performance of official duties.

Section 43. Legal information; legal


advice. — Pursuant to a lawyer’s duty to
society and the legal profession, a lawyer
may provide general legal information,
including in answer to questions asked, at
any fora, through traditional or electronic
means, in all forms or types of mass or
social media.

A lawyer who gives legal advice on a


specific set of facts as disclosed by a
potential client in such fora or media
dispenses Limited Legal Service and shall
be bound by all the duties in the CPRA, in
relation to such Limited Legal Service.

Section 44. Online posts that could NEW PROVISION Rule 3.01 - A lawyer
violate conflict of interest. — A lawyer Related to Canon # shall not use or
shall exercise prudence in making posts or (Rule 3.01)
comments in social media that could
permit the use of any
violate the provisions on conflict of interest false, fraudulent,
under the CPRA. misleading,
deceptive,
undignified, self-
laudatory or unfair
statement or claim
regarding his
qualifications or legal
services.
CANON 3

FIDELITY

Fidelity pertains to a lawyer’s duty to uphold the Constitution and the laws
of the land, to assist in the administration of justice as an officer of the
court, and to advance or defend a client’s cause, with full devotion,
genuine interest, and zeal in the pursuit of truth and justice.

SECTION OLD OR NEW IF PREVIOUS


PROVISION PROVISION, INDICATE
THE PROVISION

Section 1. Practice of Law- The New Provision


practice of law is the rendition of legal
services or performance of acts or the
application of law, legal principles,
and judgment, in or out of court, with
regard to the circumstances or
objectives of a person or a cause, and
pursuant to a lawyer-client
relationship or other engagement
governed by the CPRA. It includes
employment in the public service or
private sector and requires
membership in the Philippine bar as
qualification.
Section 2. The responsible and
accountable lawyer. — A lawyer
New Provision Canon 1- A lawyer shall
shall uphold the constitution, obey
but related to uphold the constitution
the laws of the land, promote
respect for laws and legal
Canon 1 and obey the laws of the land
processes, safeguard human rights, Canon 19. and promote respect for
and at all times advance the honor law and legal processes.
and integrity of the legal profession.
Canon 19- A lawyer shall
As an officer of the court, a lawyer represent his client with
shall uphold the rule of law and zeal within the bounds of
conscientiously assist in the speedy the law.
and efficient administration of
justice.

As an advocate, a lawyer shall


represent the client with fidelity and
zeal within the bounds of the law
and the CPRA.

Section 3. Lawyer-client New provision


relationship. — A lawyer-client
relationship is of the highest
fiduciary character. As a trust
relation, it is essential that the
engagement is founded on the
confidence reposed by the client on
the lawyer. Therefore, a lawyer-
client relationship shall arise when
the client consciously, voluntarily
and in good faith vests a lawyer
with the client’s confidence for the
purpose of rendering legal services
such as providing legal advice or
representation, and the lawyer,
whether expressly or impliedly,
agrees to render such services.
Section 4. Authority of lawyer to
bind client. — A lawyer can bind a
New Provision Rule 15.04- A lawyer may,
client in a legal engagement only
but related to with the consent of all
when so authorized through a
written agreement.
Canon 15, Rule concerned, act as mediator,
15.04 conciliator or arbitrator in
The lawyer, however, cannot settling dispute.
compromise a client’s litigation, or
receive anything in discharge of a
client’s claim, without a special
power of attorney for such purpose.

Section 5. Authority of lawyer to


appear. — A lawyer is presumed to
New Provision
be properly authorized to represent
any cause in which he or she
appears, and no written power of
attorney is required to authorize
him or her to appear in court for the
client.

The court, tribunal, or other


government agency may, on its own
initiative or on motion of either
party, on just cause, require a
lawyer to produce or prove the
authority to appear on behalf of the
client.

Section 6. Fiduciary duty of a


lawyer. — A lawyer shall be
New Provision Canon 17- A lawyer owes
mindful of the trust and confidence
but related to fidelity to the cause of his
reposed by the client.
Canon 17 client and he shall be
To this end, a lawyer shall not mindful of the trust and
abuse or exploit the relationship confidence reposed in him.
with a client.
Section 7. Prohibition against
frivolous suits and abuse of
New Provision Rule 1.03- A lawyer shall
court processes. — A lawyer shall
but related to not, for any corrupt motive
not:
Canon 1, Rule or interest, encourage any
chanroblesvirtualawlibrary

(a) file or encourage the 1.03 suit or proceeding or delay


filing of any suit or any man’s cause.
proceeding not
authorized by law or
jurisprudence and
without any evidentiary
support;
(b) unduly impede the
execution of an order or
judgment which is
warranted; or
(c) abuse court
processes. chanroblesvirtualawlibrary

Section 8. Lawyer’s duty to


encourage settlement. — A
New provision. Canon 1, Rule 1.04-
lawyer shall encourage the client to
A lawyer shall encourage
avoid, end or settle a controversy,
whether pending or not, in order to
However, it is his clients to avoid, end
reach a settlement or a compromise related to the or settle a controversy if
if the matter can be compromised old Canon 1, it wi;; admit of a fair
under the law and will admit of a Rule 1.04 of the settlement.
fair settlement. old Code of
Professional
To this end, the lawyer shall actively Responsibility.
assist the parties and the court, It is more
tribunal, or other government detailed
agency to effect mediation and/or provision
dispute resolution. compare to the
old one.

Canon 19, Rule 19.02-


A lawyer who has
Section 9. Duty to call client to Old Provision received information
rectify fraudulent act. — A lawyer that his client has, in the
course of the
representation,
perpetrated a fraud
upon a person or
who receives information that a tribunal, shall promptly
client has, in the course of the call upon the client to
representation, perpetrated a fraud rectify the same, and
in relation to any matter subject of failing which he shall
the representation before a court, terminate the
tribunal, or other government relationship with such
agency, or against any officer client in accordance
thereof, shall promptly call upon the with the Rules of Court.
client to rectify the same. Such
fraudulent act on the part of the
client shall be a ground for the
termination by the lawyer of the
engagement.

Section 10. Responsibility over a


subordinate lawyer, paralegal,
New Provision
or employee. — A lawyer or law
firm shall be responsible for the
mistakes, negligence, and/or acts or
omissions of a subordinate lawyer,
paralegal, or employee under the
lawyer’s direct supervision and
control, who is acting within the
scope of the assigned tasks, that
cause damage or injury which
brings dishonor to the profession or
violates the rule on confidentiality.

However, such liability of the


supervising lawyer does not attach
upon proof of exercise of diligence
of a good parent of a family in the
selection and supervision of
subordinate lawyer, paralegal, or
employee.
Section 11. Responsibility of a
supervisory lawyer over a
New Provision
supervised lawyer. — A
supervisory lawyer shall co-sign a
pleading or other submission to any
court, tribunal, or other government
agency with a supervised lawyer. A
supervisory lawyer shall be
responsible for a violation of the
CPRA by the supervised lawyer in
any of the following instances:

(a) the supervisory


lawyer orders or directs
the specific conduct or,
with knowledge of the
specific conduct, ratifies
it; or
(b) the supervisory
lawyer knows of such
conduct at a time when it
could be prevented or its
consequences avoided or
mitigated, but fails to
take reasonable remedial
action; or
(c) the supervisory
lawyer should have
known of the conduct so
that reasonable remedial
action could have been
taken at a time when the
consequences of the
conduct could have been
avoided or mitigated.c

A supervisory lawyer is a lawyer


having direct supervisory authority
over another lawyer, including a
supervising lawyer under Rule 138-
A of the Rules of Court.
Section 12. Responsibilities of a New Provision
supervised lawyer. — A
supervised lawyer acting under the
direction of the supervising lawyer,
managing partner, or other partners
of the firm is nevertheless bound by
the CPRA.

Section 13. Conflict of interest.


— A lawyer shall not represent
New Provision
conflicting interests except by
written informed consent of all
concerned given after a full
disclosure of the facts.

There is conflict of interest when a


lawyer represents inconsistent or
opposing interests of two or more
persons. The test is whether in
behalf of one client it is the lawyer’s
duty to fight for an issue or claim,
but which is his or her duty to
oppose for the other client.

Section 14. Prohibition against


conflict- of-interest
New Provision
representation; current clients.
— In relation to current clients, the
following rules shall be observed: chanroblesvirtualawlibrary

(a) A lawyer shall not


enter into a business
transaction with a client
or knowingly acquire an
ownership, possessory,
security, or other
pecuniary interest
adverse to a client
unless:
chanroblesvirtualawlibrary

(1) it is shown
that the
transaction
and terms on
which the
lawyer
acquires the
interest are
fair and
reasonable to
the client and
are fully
disclosed and
transmitted in
writing in a
manner that
can be
reasonably
understood by
the client;
(2) the client
is advised in
writing of the
desirability of
seeking, and is
given a
reasonable
opportunity to
seek, the
advice of
another
independent
lawyer on the
transaction;
and
(3) the client
gives written
informed
consent to the
essential
terms of the
transaction
and the
lawyer’s role in
the
transaction,
including
whether the
lawyer is
representing
the client in
the
transaction. chanroblesvirtualawlibrary

(b) A lawyer shall not use


confidential information
relating to representation
of a client without the
client’s written informed
consent, except as
permitted or required by
law or the CPRA.

(c) A lawyer shall not, by


undue influence, acquire
any substantial gift from
a client, including a
testamentary gift, or
prepare on behalf of a
client an instrument
giving the lawyer such
gift, directly or indirectly.

(d) Unless with the


written informed consent
of the client and subject
to the application of the
sub judice rule, a lawyer
shall not make or
negotiate an agreement
giving the lawyer literary
or media rights to a
portrayal or account
based in substantial part
on information relating to
the representation.

(e) A lawyer shall not


accept compensation for
representing a client from
any person other than
the client, unless: chanroblesvirtualawlibrary

(1) the client


gives written
informed
consent;
(2) there is no
interference
with the
lawyer’s
independence
or professional
judgment or
with the
lawyer-client
relationship;
or
(3) the
information
relating to
representation
of a client is
protected as
required by
the rule on
privileged
communicatio
n. chanroblesvirtualawlibrary

(f) A lawyer, who


represents two or more
clients in the same case,
in case there is a
settlement or plea-
bargaining, shall disclose
to all the clients the
existence and nature of
all the claims or pleas
involved and the
participation of each
client in the settlement or
plea-bargaining.

(g) A lawyer shall avoid


testifying in behalf of the
client, except: chanroblesvirtualawlibrary

(1) on formal
matters, such
as the mailing,
authentication
or custody of
an instrument,
and the like;
or
(2) on
substantial
matters, in
cases where
the testimony
is essential to
the ends of
justice, in
which event
the lawyer
must, during
the testimony,
entrust the
trial of the
case to
another
counsel.

Section 15. Conflict of interest NEW Rule 21.04 - A lawyer


of a lawyer hired by a law firm. PROVISION may disclose the
— When a lawyer joins a law firm, it RELATED TO affairs of a client of
shall be the duty of the lawyer to RULE 21.04 OF the firm to partners
disclose to the law firm, at the THE OLD or associates thereof
earliest possible opportunity, his or PROVISION unless prohibited by
her previous clients that may have a
the client.
potential conflict of interest with the
current clients of the law firm. If
there is a potential conflict of
interest, the lawyer shall not act on
the case or cases of the affected
current client.

Section 16. Prohibition against NEW


dating, romantic or sexual PROVISION
relations with a client. — A
lawyer shall not have dating,
romantic, or sexual relations with a
client during the engagement,
unless the consensual relationship
existed between them before the
lawyer-client relationship
commenced.

Section 17. Prohibition against Rule 15.01. - A


conflict-of- interest lawyer, in
SECTION 17 (A)
representation; prospective conferring with a
IS A NEW
clients. — In relation to prospective prospective
clients, the following rules shall be
PROVISION
RELATED TO client, shall
observed:
RULE 15.01 OF ascertain as soon
(a) A lawyer shall, at the THE OLD as practicable
earliest opportunity, PROVISION; whether the
ascertain the existence of AND matter would
any conflict of interest involve a conflict
between a prospective SECTION 17 (B) with another
client and current clients, IS A NEW client or his own
and immediately disclose
PROVISION
the same if found to RELATED RULE interest, and if
exist. 15.02 OF THE so, shall
OLD forthwith inform
In case of an objection by
PROVISION. the prospective
either the prospective or
current client, the lawyer client.
shall not accept the new
Rule 15.02.- A
engagement.
lawyer shall be
(b) A lawyer shall bound by the
maintain the private rule on privilege
confidences of a communication
prospective client even if in respect of
no engagement matters
materializes, and shall disclosed to him
not use any such
by a prospective
information to further his
or her own interest, or
client.
the interest of any
current client.c

Section 18. Prohibition against


conflict- of-interest
representation; former clients.
NEW Rule 15.03. - A
PROVISION lawyer shall not
— In relation to former clients, the
following rules shall be observed:
RELATED TO represent conflicting
RULE 15.03 OF interests except by
(a) A lawyer shall THE OLD written consent of all
maintain the private PROVISION concerned given after
confidences of a former a full disclosure of
client even after the the facts.
termination of the
engagement, except
upon the written
informed consent of the
former client, or as
otherwise allowed under
the CPRA or other
applicable laws or
regulations, or when the
information has become
generally known.

(b) A lawyer shall not use


information relating to
the former
representation, except as
the CPRA or applicable
laws and regulations
would permit or require
with respect to a current
or prospective client, or
when the information has
become generally known.

(c) Unless the former


client gives written
informed consent, a
lawyer who has
represented such client in
a legal matter shall not
thereafter represent a
prospective client in the
same or related legal
matter, where the
prospective client’s
interests are materially
adverse to the former
client’s interests.

Section 19. Corporate lawyers;


conflict of interest. — In relation
NEW
to organizational clients, a lawyer
PROVISION
who represents a corporation or any
organization does not, by virtue of
such representation, necessarily
represent any constituent or
affiliated organization, such as a
parent or subsidiary.

A lawyer for a corporation or other


organization, who is also a member
of its board of directors or trustees,
shall determine whether the
responsibilities of the two roles may
conflict. In the event of the latter,
the lawyer shall disclose the conflict
of interest to all concerned parties.
Section 20. Legal services
organization; conflict of interest.
NEW
— A legal services organization is
PROVISION
any private organization, including a
legal aid clinic, partnership,
association, or corporation, whose
primary purpose is to provide free
legal services.

A lawyer-client relationship shall


arise only between the client and
the handling lawyers of the legal
services organization. All the
lawyers of the legal services
organization who participated in the
handling of a legal matter shall be
covered by the rule on conflict of
interest and confidentiality.

Section 21. Lawyers in


government service; conflict of
interest. — A lawyer currently
NEW Rule 6.02 - A lawyer
PROVISION in the government
serving in the government shall not
practice law privately, unless
RELATED TO service shall not use
otherwise authorized by the RULE 6.02 OF his public position to
Constitution, the law or applicable THE OLD promote or advance
Civil Service rules and regulations. PROVISION his private interests,
If allowed, private practice shall be nor allow the latter to
upon the express authority of the interfere with his
lawyer’s superior, for a stated public duties.
specified purpose or engagement,
and only during an approved leave
of absence. However, the lawyer
shall not represent an interest
adverse to the government.

Section 22. Public Attorney’s


Office; conflict of interest. — The
NEW
Public Attorney’s Office is the
PROVISION
primary legal aid service office of
the government. In the pursuit of its
mandate under its charter, the
Public Attorney’s Office shall ensure
ready access to its services by the
marginalized sectors of society in a
manner that takes into
consideration the avoidance of
potential conflict of interest
situations which will leave these
marginalized parties unassisted by
counsel.

A conflict of interest of any of the


lawyers of the Public Attorney’s
Office incident to services rendered
for the Office shall be imputed only
to the said lawyer and the lawyer’s
direct supervisor. Such conflict of
interest shall not disqualify the rest
of the lawyers from the Public
Attorney’s Office from representing
the affected client, upon full
disclosure to the latter and written
informed consent.

Section 23. Amicus curiae. — A Rule 14.02 - A lawyer


lawyer shall not decline, without shall not decline,
NEW
just cause, a request by any except for serious
PROVISION
court, tribunal, or other and sufficient cause,
government agency to act as
RELATED TO
RULE 14.02 OF an appointment as
amicus curiae in any proceeding
THE OLD counsel de officio or
relating to the lawyer’s
expertise or field of PROVISION as amicus curiae, or a
specialization. request from the
Integrated Bar of the
Philippines or any of
its chapters for
rendition of free legal
aid.
Section 24. Active involvement
in legal education. — A lawyer
shall keep abreast of legal
NEW CANON 5 - A lawyer
PROVISION shall keep abreast of
developments, participate in
continuing legal education
RELATED TO legal developments,
programs, and support efforts to CANON 5 OF participate in
achieve standards of excellence THE OLD continuing legal
in law schools as well as in the PROVISION education programs,
practical training of law support efforts to
students. achieve high
standards in law
In addition, a lawyer shall assist
the Integrated Bar of the schools as well as in
Philippines, law schools, law the practical training
alumni associations, law of law students and
associations, or civic assist in
organizations, in educating the disseminating the
public on the law and law and
jurisprudence. jurisprudence.
The IBP Chapters shall provide
supervising lawyers to the legal
aid clinics in their jurisdiction.

Section 25. Support for legal


internship, apprenticeship and
NEW
training. — To prepare the next
PROVISION
generation of lawyers for ethical
practice, lawyers shall support legal
internship and apprenticeship
programs and accept law students
for training.

The lawyer shall treat the


apprentices as junior colleagues and
future counsels, and shall
conscientiously supervise them.
Section 26. Prompt payment of
membership dues. — A lawyer
NEW
shall promptly pay the annual
PROVISION
membership dues in the Integrated
Bar of the Philippines, unless
expressly exempt from such
payment by law or rules.

Section 27. Confidentiality of CANON 21 - A lawyer


privileged communication. — A shall preserve the
NEW
lawyer shall maintain the confidence and
PROVISION
confidences of the client, and shall secrets of his client
respect data privacy laws. The duty
RELATED TO
CANON 21 OF even after the
of confidentiality shall continue even
THE OLD attorney-client
after the termination of the lawyer-
client engagement. PROVISION relation is
terminated.

Section 28. Protecting client


confidences. — A lawyer shall not
reveal the confidences of the client,
NEW Rule 21.01 - A lawyer
PROVISION shall not reveal the
including data from the client’s files,
except;
RELATED TO confidences or
RULE 21.01 OF secrets of his client
(a) When a written THE OLD except;
informed consent is PROVISION
obtained from the client;
(b) When required by
(a) When
law, such as anti-money
laundering statutes, or authorized
the Rules of Court; by the client
(c) To the extent after
necessary, to collect the acquainting
lawyer’s fees; him of the
(d) In defense of the consequence
lawyer, or the lawyer’s s of the
employees or associates; disclosure;
or
(e) By judicial order, but (b) When
only if material. required by
law;

(c) When
necessary to
collect his
fees or to
defend
himself, his
employees
or
associates
or by judicial
action.

SECTION 29. Duty of


confidentiality by former
NEW
lawyers of a law firm. — A
PROVISION
lawyer shall continue to be
bound by the rule on
confidentiality pertaining to
clients of his or her previous law
office or law firm

SECTION 30. Duty of


confidentiality of members of a
OLD First paragraph is related
law firm. — A lawyer may
PROVISION to Canon 21, Rule 21.04 -
disclose the legal matters
entrusted by a client of the firm
A lawyer may disclose
to the partners and associates, the affairs of a client of
as well as paralegals,legal the firm to
assistants, law clerks, legal partners or associates
researchers, law interns, and thereof unless prohibited
other non-legal staff, who are or by the client.
will be involved in the handling
of the client’s account, unless The second paragraph is
expressly prohibited by the related to Canon 21, Rule
21.05 - A lawyer shall
client. adopt such measures as
may be required to
prevent those whose
A lawyer directly entrusted with
a client’s confidences shall
services are utilized by
adopt necessary measures to him, from disclosing or
prevent other members of the using
law firm, both legal and non- confidences or secrets of
legal, to whom the client’s the clients.
confidences have been shared,
from disclosing or using them,
without the written informed
consent of the client.

SECTION 31. Prohibition against


filial disclosure. — A lawyer shall
OLD Canon 21, Rule 21.06 - A
not discuss a client’s
PROVISION lawyer shall avoid
confidences even with family
members.
indiscreet conversation
about a client’s
affairs even with
members of his family.

SECTION 32. Non-disclosure of


legal consultation. — A lawyer
OLD Canon 21, Rule 21.07 - A
shall not reveal that he or she
PROVISION lawyer shall not reveal
has been consulted about a
particular case except to avoid
that he has been
possible conflict of interest consulted about a
particular case except to
avoid possible conflict of
interest

SECTION 33. Foreign lawyers. —


Foreign lawyers cannot, directly
NEW
or indirectly, practice law in the
Philippines.
PROVISION

SECTION 34. Active participation


in the development of the legal
OLD CANON 4 - A LAWYER
profession. — A lawyer shall
PROVISION SHALL PARTICIPATE IN
participate in the development
of the legal system by initiating
THE DEVELOPMENT
or supporting efforts in law OF THE LEGAL SYSTEM
reform, the improvement of the BY INITIATING OR
administration of justice, SUPPORTING
strengthening the judicial and EFFORTS IN LAW
legal system, and advocacies in REFORM AND IN THE
areas of special concern such as IMPROVEMENT OF THE
the environment, indigenous ADMINISTRATION OF
peoples’ rights, human rights, JUSTICE
access to justice and good
governance.

SECTION 35. Limited Legal


Services. — Limited Legal
NEW Federation of Law
Services refer to services for a
PROVISION Societies of Canada,
specific legal incident, with the
expectation by the lawyer and
Model of Professional
the client that the lawyer will (FIRST Conduct (hereafter,
not provide continuing legal PARAGRAPH “Canada Rules”), Rule
services in the matter. This FROM CANADA 3.4-2A. In rules 3.4-2B to
includes being appointed as RULE) 3.4-2D “Short Term
counsel de officio only for summary legal services”
arraignment purposes or special means advice or
appearances to make any court representation to a client
submission, to give advice, to under the auspices of a
draft legal documents, to pro bono or not-for-profit
provide legal assistance before legal services provider
courts or administrative bodies, with the expectation by
and the like. the lawyer and the client
that the lawyer will not
In all instances, the lawyer shall
state that the service being
rendered is in the nature of
Limited Legal Services.

A lawyer who renders Limited provide continuing legal


Legal Services shall be entitled services in the matter.
to compensation as may be
agreed upon or provided by the
Rules of Court.

SECTION 36. Pro bono Limited


Legal Services. — A lawyer
PARAGRAPHS Paragraph 2 is related to
appointed by the court as
1 AND 3 ARE Canon 2, Rule 2.02 - In
counsel de officio shall not
refuse to render Limited Legal
NEW such cases, even if the
Services pro bono on the ground PROVISIONS; lawyer does not accept a
of conflict of interest. Instead, PARAGRAPH 2 case, he shall not refuse
the lawyer shall disclose to all IS AN OLD to render legal advice to
affected parties such conflict of PROVISION the person concerned if
interest. only to the extent
necessary to safeguard
In any case, the lawyer may not the latter’s rights
refuse to render such pro bono
legal services to the person
concerned if only to the extent
necessary to safeguard the
latter’s fundamental rights and
not to deprive such a person of
remedies available under the
law or rules.

A lawyer currently serving in the


government shall not be exempt
from pro bono service and may
be appointed by any court,
tribunal, or other government
agency as counsel de officio,
unless prohibited by law, or the
applicable Civil Service rules and
regulations, or when there is a
conflict of interest with
government.
SECTION 37. Duty of
confidentiality in Limited Legal
Services. — A lawyer who
provides Limited Legal Services
must protect the client’s private
confidences to the same extent
as if engaged under regular
terms.

SECTION 38. Termination of


Limited Legal Services. — Unless
governed by Canon III, Section
36, a lawyer must cease to
provide Limited Legal Services
to a client when the lawyer
becomes aware that there may
be an actual or potential conflict
of interest, except with the
written informed consent of the
client.

In all cases, the Limited Legal


Services terminates upon the
completion of such services.

SECTION 39. Limited Legal


Services of law student
practitioners. — The Limited
Legal Services rendered by a
law student practitioner under
the Clinical Legal Education
Program shall be governed by
the CPRA.

SECTION 40. Accountability of


legal clinic director and
supervising lawyer. — A law
student clinic director and
supervising lawyer, under Rule
138-A of the Rules of Court shall
provide meaningful training to
law students. They shall assume
responsibility for any work
performed by the law student
while under their supervision
and shall comply with all the
laws, rules, and guidelines
pertaining to Law Student
Practice.

SECTION 41. Fair and


reasonable fees. — A lawyer
shall charge only fair and
reasonable fees.

Attorney’s fees shall be deemed


fair and reasonable if
determined based on the
following factors:

(a) The time spent and the


extent of the service rendered
or required;

(b) The novelty and difficulty of


the issuesinvolved;

(c) The skill or expertise of the


lawyer, including the level of
study and experience required
for the engagement;

(d) The probability of losing


other engagementsas a result of
acceptance of the case;

(e) The customary charges for


similar services and the
recommended schedule of fees,
which the IBP chapter shall
provide;

(f) The quantitative or


qualitative value of the client’s
interest in the engagement, or
the benefits resulting to the
client from the service;

(g) The contingency or certainty


of compensation;

(h) The character of the


engagement, whether limited,
seasonal, or otherwise; and

(i) Other analogous factors.

SECTION 42. Division of fees


upon referral. — A lawyer shall,
in case of referral of legal
services in favor of another
lawyer with the written
informed consent of the client,
be entitled to a division of fees
in proportion to the work
performed and responsibility
assumed.

Where a lawyer undertakes to


complete unfinished legal
business of a deceased lawyer, a
division or sharing of fees is
allowed with the deceased
lawyer’s legal heirs or estate.

Section 43. Non-Sharing of fees CANON 9. Rule 9.02 - A


with non- lawyers. — A lawyer lawyer shall not divide or
shall not share, split, or divide or OLD stipulate to divide a fee for
stipulate to divide, directly or PROVISION legal services with persons
indirectly, a fee for legal services not licensed to practice law,
with persons or organizations not except:
licensed or authorized to practice
law. (a) Where there is a pre-
existing agreement with a
partner or associate that,
upon the latter's death,
money shall be paid over a
reasonable period of time
to his estate or to persons
specified in the agreement;
or

(b) Where a lawyer


undertakes to complete
unfinished legal business of
a deceased lawyer; or

(c) Where a lawyer or


law firm includes non-
lawyer employees in a
retirement plan even
if the plan is based in
whole or in part, on a
profit sharing
agreement.

Section 44. Payment of


compensation by third party. — A
lawyer shall not receive any fee, OLD CANON 20. Rule 20.03 -
reward, costs, commission, PROVISION A lawyer shall not, without
interest, rebate or forwarding the full knowledge and
allowance or other compensation consent of the client,
from anyone other than the client, accept any fee, reward,
except upon the written informed costs, commission, interest,
consent of such client. rebate or forwarding
allowance or other
compensation whatsoever
related to his professional
Receipt of compensation from employment from anyone
someone other than the client other than the client.
must not interfere with the
lawyer’s independence,
professional judgment, or the
lawyer- client relationship.
Neither should information
relating to representation of a
client be disclosed in violation of
the rule on privileged
communication.

Section 45. Prompt payment of


legal fees. — A lawyer is entitled
to prompt payment from the NEW
client of attorney’s fees.
Absent an express agreement as
to professional fees, a lawyer is
entitled to be paid reasonable PROVISION
attorney’s fees in accordance with
Canon III, Section 41.

Section 46. Controversy over legal


fees. — A lawyer shall avoid any
controversy with a client OLD CANON 20. Rule
concerning fees for legal services PROVISION 20.04 - A lawyer shall
and shall resort to judicial action avoid controversies with
solely to prevent imposition, clients concerning his
injustice or fraud. compensation and shall
resort to judicial action only
to prevent imposition,
injustice or fraud.

Section 47. Enforcement of


attorney’s lien. — In case of non-
payment of attorney’s fees, a OLD
CANON 20. Rule 16.03 -
A lawyer shall deliver the
lawyer may resort to the PROVISION
funds and property of his
enforcement of the attorney’s lien
client when due or upon
under Canon III, Section 54, by
demand. However, he shall
filing a Notice of Enforcement of
have a lien over the funds
Attorney’s Lien with the court,
and may apply so much
tribunal, or other government
thereof as may be
agency of origin where the action
necessary to satisfy his
or proceeding the lawyer
lawful fees and
rendered service for is pending,
disbursements, giving
without prejudice to other
notice promptly thereafter
remedies under the law or the
to his client. He shall also
Rules of Court. The Notice shall be
have a lien to the same
accompanied by proof of the
extent on all judgments
services rendered, and served on
and executions he has
the client. The court, tribunal, or
secured for his client as
other government agency, after
provided for in the Rules of
hearing, shall determine the
Court.
lawyer’s entitlement to the
claimed fees.

The enforcement of an attorney’s


lien shall be treated as an
independent claim and shall in no
instance delay the resolution of
the main case. The resolution of
the lawyer’s claim may be
included in the main judgment or
in a separate partial judgment. In
the case of a partial judgment,
the same shall be subject of
appeal.

An appeal in the main case shall


not stay the execution of the
lawyer’s lien. In the execution of
the judgment in the main case,
the court shall give due
consideration to the pending
claim of the lawyer.

If the claim for attorney’s lien


arises after a decision has been
rendered by the court, tribunal, or
other government agency of
origin on the action or
proceeding, the claim for the
enforcement of the lien shall be
by an independent action.

Section 48. Compensation for


counsel de oficio. — Subject to
availability of funds as may be NEW
provided by law, the court may, in PROVISION
its discretion, order a lawyer
engaged as counsel de officio to
be compensated in such sum as
the court may fix following Canon
III, Section 41, provided that it is
not covered by the provision on
Limited Legal Services.

Section 49. Accounting during


engagement. — A lawyer, during
the existence of the lawyer- client NEW
relationship, shall account for and PROVISION
prepare an inventory of any fund
or property belonging to the
client, whether received from the
latter or from a third person,
immediately upon such receipt.

When funds are entrusted to a


lawyer by a client for a specific
purpose, the lawyer shall use
such funds only for the client’s
declared purpose. Any unused
amount of the entrusted funds
shall be promptly returned to the
client upon accomplishment of the
stated purpose or the client’s
demand.

Section 50. Separate funds. — A


lawyer shall keep the funds of the
clients separate and apart from OLD
CANON 16. Rule 16.02 -
A lawyer shall keep the
his or her own and those of others PROVISION
funds of each client
kept by the lawyer.
separate and apart from his
own and those of others
kept by him.

Section 51. Prohibition against


acquiring interest in object of
litigation or transaction. — A NEW
lawyer shall not acquire, directly PROVISION
or indirectly, a proprietary
interest in the property or rights
which is the object of any
litigation or transaction in which
the lawyer may take part by
virtue of the profession.

Section 52. Prohibition on lending


and borrowing; exceptions. —
During the existence of the OLD
CANON 16. Rule 16.04 -
A lawyer shall not borrow
lawyer-client relationship, a PROVISION
money from his client
lawyer shall not lend money to a
unless the client's interest
client, except under urgent and
are fully protected by the
justifiable circumstances.
nature of the case or by
Advances for professional fees
and necessary expenses in a legal
matter the lawyer is handling for
a client shall not be covered by
this rule.
independent advice.
Neither shall a lawyer borrow Neither shall a lawyer lend
money from a client during the money to a client except,
existence of the lawyer-client when in the interest of
relationship, unless the client’s justice, he has to advance
interests are fully protected by necessary expenses in a
the nature of the case, or by legal matter he is handling
independent advice. This rule for the client.
does not apply to standard
commercial transactions for
products or services that the
client offers to the public in
general, or where the lawyer and
the client have an existing or
prior business relationship, or
where there is a contract between
the lawyer and the client.

Section 53. Termination of


engagement by the lawyer. — A
the OLD
CANON 20. Rule 22.01 -
lawyer shall terminate
A lawyer may withdraw his
lawyer- client engagement only PROVISION
services in any of the
for good cause and upon written
following case:
notice, in any of the following
(a) When the client pursues
cases:
an illegal or immoral course
chanroblesvirtualawlibrary

(a) When the client of conduct in connection


pursues an illegal or with the matter he is
immoral course of handling;
conduct in connection (b) When the client insists
with the engagement; that the lawyer pursue
(b) When the client conduct violative of these
insists that the lawyer canons and rules;
pursue conduct that is (c) When his inability to
violative of these work with co-counsel will
Canons and rules; not promote the best
(c) When the lawyer’s interest of the client;
inability to work with a (d) When the mental or
co-counsel will not physical condition of the
promote the best lawyer renders it difficult
interest of the client; for him to carry out the
(d) When the moral employment effectively;
predisposition or the (e) When the client
mental or physical
condition of the lawyer
renders it difficult to
carry out the
deliberately fails to pay the
engagement effectively;
fees for the services or fails
(e) When the client
to comply with the retainer
deliberately fails to pay
agreement;
the fees for the
(f) When the lawyer is
lawyer’s services, fails
elected or appointed to
to comply with the
public office; and
retainer agreement, or
(g) Other similar cases.
can no longer be found
despite diligent efforts;
(f) When the lawyer is
elected or appointed to
public office;
(g) Other similar cases.
chanroblesvirtuala

Section 54. Termination of


engagement by the client. — The
lawyer-client engagement may be NEW
terminated by the client at any PROVISION
time upon loss of trust and
confidence.

The termination of the


engagement shall not relieve the
client from full payment of all
professional fees due to the
lawyer. If the engagement has
been reduced to writing, the
lawyer shall be entitled to recover
from the client the full
compensation stipulated, unless
found by the court, tribunal or
other government agency to be
unconscionable or unreasonable
under Canon III, Section 41 of the
CPRA.

For the payment of the


compensation, the lawyer shall
have a charging lien upon all
judgments for the payment of
money, and executions issued in
pursuance of such judgment,
rendered in the case where the
lawyer’s services had been
retained by the client.

Section 55. Termination of


engagement upon death. — The
death of the lawyer or client shall NEW
terminate the lawyer-client PROVISION
relationship. The death of such
lawyer shall not extinguish the
lawyer-client engagement
between the law firm and the
client handled by such law firm.

Section 56. Accounting and turn


over upon termination of
engagement. — A lawyer who is OLD
CANON 22. Rule 22.02 -
A lawyer who withdraws or
discharged from or terminates the PROVISION
is discharged shall, subject
engagement shall, subject to an
to a retainer lien,
attorney’s lien, immediately
immediately turn over all
render a full account of and turn
papers and property to
over all documents, evidence,
which the client is entitled,
funds, and properties belonging
and shall cooperative with
to the client.
his successor in the orderly
The lawyer shall cooperate with transfer of the matter,
the chosen successor in the including all information
orderly transfer of the legal necessary for the proper
matter, including all information handling of the matter.
necessary for the efficient
handling of the client’s
representation.

A lawyer shall have a lien upon


the funds, documents, and papers
of the client which have lawfully
come into his or her possession
and may retain the same until the
fair and reasonable fees and
disbursements have been paid,
and may apply such funds to the
satisfaction thereof.
CANON 4

COMPETENCE AND DILIGENCE

A lawyer professionally handling a client’s cause shall, to the best of his or


her ability, observe competence, diligence, commitment, and skill
consistent with the fiduciary nature of the lawyer-client relationship,
regardless of the nature of the legal matter or issues involved, and
whether for a fee or pro bono.

SECTION OLD OR NEW IF PREVIOUS


PROVISION PROVISION, INDICATE
THE PROVISION

Section 1. Competent, OLD PROVISION CANON 18


efficient and
conscientious service. — Rule18.02 - A lawyer
A lawyer shall provide legal shall not handle any
service that is competent, legal matter without
efficient, and
adequate preparation.
conscientious. A lawyer
shall be thorough in
research, preparation, and
application of the legal
knowledge and skills
necessary for an
engagement.

Section 2. Undertaking
legal services;
collaborating counsel. — - NEW
A lawyer shall only
undertake legal services he
or she can deliver.

With the prior written


consent of the client, a - OLD Canon 18
lawyer may secure the RULE 18.01 A lawyer shall
services of a collaborating not undertake a legal
counsel. service which he knows or
should know that he is not
qualified to render.
However, he may render
such service if, with the
consent of his client, he
can obtain as collaborating
counsel a lawyer who is
competent on the matter

Section 3. Diligence and NEW


punctuality. — A lawyer
shall diligently and
seasonably act on any
legal matter entrusted by a
client.

A lawyer shall be punctual - OLD Rule 12.04 - A lawyer


in all appearances, shall not unduly delay a
submissions of pleadings case, impede the
and documents before any execution of a
court, tribunal or other
government agency, and
judgment or misuse
all matters professionally Court processes.
referred by the client,
including meetings and
other commitments.

Section 4. Diligence in
all undertakings. — A
lawyer shall observe
diligence in all professional
undertakings, and shall not
cause or occasion delay in
any legal matter before
any court, tribunal, or
other agency.

A lawyer shall appear for OLD RULE 12.01 A lawyer shall


trial adequately familiar not appear for trial unless
with the law, the facts of he has adequately
the case, and the evidence prepared himself on the
to be presented. A lawyer
law and the facts of his
shall also be ready with the
object and documentary
case, the evidence he will
evidence, as well as the adduce and the order of its
judicial affidavits of the preference. He should also
witnesses, when required be ready with the original
by the rules or the court. documents for comparison
with the copies.

Section 5. Prompt and NEW PROVISION


objective assessment of
the merits. — A lawyer
shall, after reasonable
inquiry, promptly give an
objective assessment of
the merits and probable
results of the client’s case.

A lawyer shall explain the


viable options to the client
to enable an informed
decision regarding the
matter.

Canon 18
Section 6. Duty to OLD PROVISION RULE 18.04 A lawyer shall
update the client. — A keep the client informed of
lawyer shall regularly
the status of his case and
inform the client of the
shall respond within a
status and the result of the
matter undertaken, and reasonable time to the
any action in connection client's request for
thereto, and shall respond information.
within a reasonable time to
the client’s request for
information.

Section 7. Extension of NEW


time to file. — A lawyer
shall avoid asking for an
extension of time to file
any pleading, motion, or
other court submission,
except when allowed by
the Rules of Court or for
good cause.
Canon 12
When an extension is - OLD PROVISION RULE 12.03
obtained, the lawyer shall A lawyer shall not, after
not let the period lapse obtaining extensions of
without submitting the time to file pleadings,
pleading, motion, or other memoranda or briefs, let
court submission, except the period lapse without
upon the client’s decision
submitting the same or
not to pursue the case any
further or for other
offering an explanation for
his failure to do so.
justifiable cause.

CANON 5 - A LAWYER
Section 8. Lifelong OLD SHALL KEEP ABREAST
learning. — A competent
OF LEGAL
lawyer engages in lifelong
learning through the DEVELOPMENTS,
continued development of PARTICIPATE IN
professional skills. CONTINUING LEGAL
EDUCATION
PROGRAMS, SUPPORT
EFFORTS TO ACHIEVE
HIGH STANDARDS IN
LAW SCHOOLS AS
WELL AS IN THE
PRACTICAL TRAINING
OF LAW STUDENTS
AND ASSIST IN
DISSEMINATING THE
LAW AND
JURISPRUDENCE.

RULE 15 C15
Section 9. Practice of OLD Rule 15.08. - A lawyer
law concurrent with who is engaged in
another profession. — A
lawyer who is engaged in
another profession or
another profession or occupation concurrently
occupation concurrently with the practice of law
with the practice of law shall make clear to his
shall expressly provide in client whether he is
the pertinent contract the acting as a lawyer or in
nature of the services the
another capacity.
lawyer is engaged to
perform.

The practice of another NEW


profession or occupation
shall not jeopardize such
lawyer’s competence,
integrity, probity, and
independence in rendering
legal services.
Section 10. Non-legal NEW
activities. — A lawyer who
is engaged in business or
other non-legal profession
shall likewise observe the
ethical duties and
responsibilities of a lawyer
under the CPRA.

CANON 5

EQUALITY

Every lawyer shall adhere to the principle of equality and hold firmly the
belief that every person, regardless of nationality or ethnicity, color, sexual
orientation or gender identity, religion, disability, age, marital status,
social or economic status, and other like circumstances, has the
fundamental right to equal treatment and representation.

As such, the lawyer shall accord equal respect, attention, dedication and
zeal in advancing the client’s cause, regardless of personal opinion,
religious or political beliefs pertaining on the personal circumstances of
the client, except for justifiable reasons.

SECTION OLD OR NEW IF PREVIOUS


PROVISION PROVISION, INDICATE
THE PROVISION

Section 1. Non- Old provision with Rule 14.01 - A lawyer


discrimination - A lawyer amendment. shall not decline to
shall not decline to represent a person
represent a person solely solely on account of the
in account of the latter’s latter's race, sex, creed
nationality or ethnicity, or status of life, or
sexual orientation or because of his own
gender identity, religion, opinion regarding the
disability, age, marital guilt of said person.
status, social or economic
status, political beliefs, or
such lawyer’s or the
public’s opinions regarding
the guilt of said person,
except for justifiable
reasons.

SECTION 2. Treatment of New Provision


vulnerable persons. — In
dealing with a client who
belongs to a vulnerable
sector, a lawyer shall be
mindful and sensitive of,
and consider the client’s
special circumstances, as
well as the applicable laws
and rules. The lawyer shall
observe a higher standard
of service suited to the
particular needs of the
vulnerable person and
shall assert such person’s
right to meaningful access
to justice. A vulnerable
person is a person who is
at a higher risk of harm
than others, and shall
include children, the
elderly, the homeless,
persons with disability,
persons deprived of liberty,
human rights victims,
victims of domestic
violence, victims of armed
conflict, those who are
socio-economically
disadvantaged, those who
belong to racial or ethnic
minorities, or those with
debilitating physical or
mental conditions.

SECTION 3. Indigent Old provision with Rule 14.03 — A lawyer


person. — A lawyer shall additional amendment. may not refuse to accept
not refuse the representation of an
representation of an indigent client unless:
indigent person, except if: (a) He is in no position
(a) the lawyer is not in a to carry out the work
position to carry out the effectively or
work effectively or competently;
competently due to a (b) He labors under a
specified cause; conflict of interest
(b) the lawyer will be between him and
placed in a conflict-of the prospective
interest situation; or client or between a
(c) the lawyer is related to present client and
the potential adverse party, the prospective
within the sixth degree of client.
consanguinity or affinity, or
to the adverse counsel,
within the fourth degree
An indigent is any person
who has no money or
property sufficient for food,
shelter and other basic
necessities.

CANON 6

ACCOUNTABILITY

By taking the Lawyer’s Oath, a lawyer becomes a guardian of the law and
an administrator of justice. As such, the lawyer shall observe the highest
degree of morality, adhere to rigid standards of mental fitness, and
faithfully comply with the rules of the legal profession.

Failure to honor this covenant makes the lawyer unfit to continue in the
practice of law and accountable to society, the courts, the legal profession,
and the client.

SECTION OLD OR NEW IF PREVIOUS


PROVISION PROVISION, INDICATE
THE PROVISION

SECTION 1. Nature NEW PROVISION


of disciplinary
proceedings
against lawyers.
Disciplinary
proceedings against
lawyers shall be
confidential in
character and
summary in nature.

Nonetheless, the
final order of the
Supreme Court shall
be published like its
decisions in other
cases.

SECTION 2. How NEW PROVISION


instituted.
Proceedings for the
disbarment,
suspension, or
discipline of
lawyers may be
commenced by the
Supreme Court on
its own initiative, or
upon the filing of a
verified complaint
by the Board of
Governors of the
IBP, or by any
person, before the
Supreme Court or
the IBP. However,
a verified complaint
against a
government lawyer
which seeks to
discipline such
lawyer as a
member of the Bar
shall only be filed in
the Supreme Court.

A verified complaint
filed with the
Supreme Court
may be referred to
the IBP for
investigation, report
and
recommendation,
except when filed
directly by the IBP,
in which case, the
verified complaint
shall be referred to
the Office of the
Bar Confidant or
such fact-finding
body as may be
designated.

Complaints for
disbarment, suspension
and discipline filed
against incumbent
Justices of the Court of
Appeals, Sandiganbayan,
Court of Tax Appeals and
judges of lower courts, or
against lawyers in the
judicial service, whether
they are charged singly or
jointly with other
respondents, and whether
such complaint deals with
acts unrelated to the
discharge of their official
functions, shall be
forwarded by the IBP to
the Supreme Court for
appropriate disposition
under Rule 140, as
amended.
SECTION 3. NEW PROVISION
Contents of the
complaint. — The
complaint shall be
verified. It shall
state clearly and
concisely the acts or
omissions
complained of and
shall be supported
by judicial affidavits
of the witnesses and
such other
documents in
support thereof.

If the verified
complaint is filed
before the IBP, six
(6) copies thereof
shall be filed with
the Secretary of the
IBP or the Secretary
of any of its
chapters, who shall
forthwith transmit
the same to the IBP
Board of Governors.

Section 4. List of NEW PROVISION


Investigating
Commissioners;
qualifications.

Section 5. Assignment NEW PROVISION


by raffle of
Investigating
Commissioner.

Section 6. Complaint NEW PROVISION


against a government
lawyer.

Section 7. NEW PROVISION


Disqualification of
Investigating
Commissioner

Section 8. Duties of the NEW PROVISION


Investigating
Commissioner.

Section 9. Submissions NEW PROVISION


allowed; verification

Section 10. Prohibited NEW PROVISION


submissions.

Section 11. Lack of NEW PROVISION


prima facie showing of
liability; outright
dismissal. — Within
fifteen (15) calendar
days from assignment
by raffle, if the
Investigating
Commissioner finds no
prima facie showing of
liability, the
Investigating
Commissioner shall
recommend the outright
dismissal of the
complaint to the
Supreme Court. The
Supreme Court may
adopt the
recommendation and
dismiss the complaint
outright. Otherwise, the
Supreme Court shall
direct the Investigating
Commissioner to
conduct further
proceedings.

Section 12. Effect of NEW PROVISION


death of lawyer on
administrative
disciplinary cases. —
Disciplinary proceedings
may not be instituted
against a lawyer who
has died. If such
proceedings have been
instituted
notwithstanding the
lawyer’s death, the
administrative case
against said lawyer
shall be dismissed.

Section 13. Issuance of NEW PROVISION


summons. — Within
fifteen (15) calendar
days from assignment
by raffle, the
Investigating
Commissioner shall
issue the required
summons, attaching
thereto a copy of the
verified complaint and
supporting documents,
if any. The summons
shall require the
respondent to file a
verified answer

Section 14. Verified NEW PROVISION


answer. — The answer
shall be verified and
filed within thirty (30)
calendar days from
receipt of the summons.
The verified answer
shall be accompanied by
judicial affidavits of the
witnesses and such
other documents in
support thereof.

Section 15. Dismissal NEW PROVISION


after answer. — If the
Investigating
Commissioner finds that
the complaint is not
meritorious based on the
verified answer, the
Investigating
Commissioner shall
recommend to the
Supreme Court the
dismissal of the
complaint. Otherwise,
the Supreme Court shall
direct the Investigating
Commissioner to
conduct further
proceedings.

Section 16. Irrelevance of NEW PROVISION


desistance, settlement,
compromise, restitution,
withdrawal, or failure to
prosecute. — No
investigation shall be
interrupted or terminated
by reason of the
desistance, settlement,
compromise, restitution,
withdrawal of the
charges, or failure of the
complainant to
prosecute the same.

Section 17. Counsel de NEW PROVISION


oficio. — The IBP Board
of Governors shall
appoint a suitable
member of the
Integrated Bar as
counsel de officio to
assist the complainant
or the respondent
during the investigation
in case of need for such
assistance.

NEW PROVISION
Section 18.
Investigation. — Upon
joinder of issues or
upon failure of the
respondent to answer,
the Investigating
Commissioner shall
proceed with the
investigation of the
case. However, if
despite reasonable
notice, the respondent
fails to file an answer or
appear, the
investigation shall
proceed ex parte. In
both instances, the
investigation shall
proceed with dispatch.

The respondent shall be


given full opportunity to
defend and be heard,
whether through
counsel or not, and to
present witnesses.

The Investigating
Commissioner shall
have the power to issue
subpoenae and
administer oaths and
affirmations in relation
to the conduct of the
proceedings

SECTION 19. Indirect New Provision


contempt. — Willful failure
or refusal to obey a
subpoena or any other
lawful order issued by the
Investigating
Commissioner shall be
dealt with as indirect
contempt of court. The
Investigating
Commissioner shall require
the alleged contemnor to
show cause within ten (10)
calendar days from notice.
Upon receipt of the
compliance or lapse of the
period to comply, the
Investigating
Commissioner may
conduct a hearing, if
necessary, in accordance
with the procedure set forth
under Canon VI, Section
22 for hearings before the
Investigating
Commissioner. Such
hearing shall be terminated
within fifteen (15) calendar
days from commencement.
Thereafter, the
Investigating
Commissioner shall submit
a report and
recommendation to the IBP
Board of Governors within
a period of fifteen (15)
calendar days from
termination of the contempt
hearing.

SECTION 20. Submission New Provision


of preliminary
conference briefs.
Immediately upon receipt
of the verified answer, the
Investigating
Commissioner shall send a
notice to the parties and
counsels to simultaneously
file, within a non-extendible
period often (10) calendar
days from receipt of the
notice, their respective
preliminary conference
briefs which shall contain
the following:
(a) Admissions;
(b) Stipulation of facts;
(c) Definition of issues;
(d) Judicial affidavits and
marked exhibits,
accompanied by the
lawyer's certification that
the attached documents
are the genuine or faithful
reproductions of the
original in his or her
custody or possession;
Such other matters as may
aid in the prompt
disposition of the action.

SECTION 21. Preliminary New Provision


conference order;
position papers. — Within
ten (10) calendar days
from receipt of the
preliminary conference
briefs, the Investigating
Commissioner shall issue
a Preliminary Conference
Order, on the basis of such
briefs submitted by the
parties and counsels,
summarizing the stipulated
facts, issues and marked
exhibits.
The Investigating
Commissioner shall further
direct the parties to submit
their verified position
papers within a non-
extendible period of ten
(10) calendar days from
receipt of the preliminary
conference order.

SECTION 22. New Provision


Clarificatory hearing.
Within ten (10) calendar
days from receipt of the
last position paper, the
Investigating
Commissioner shall
determine whether there is
a need to conduct a
hearing to clarify factual
issues and confront
witnesses.
If deemed necessary, the
Investigating
Commissioner shall set the
hearing within fifteen (15)
calendar days from such
determination, and identify
the factual issues to be
made subject of the
hearing.
The Investigating
Commissioner may
subpoena any witness to
appear at the hearing to
answer clarificatory
questions. Thereafter, the
Investigating
Commissioner may allow
the parties to confront the
witnesses and propound
their own clarificatory
questions on the factual
issues identified by the
Investigating
Commissioner.
The clarificatory hearing
may be done in-person or
through videoconferencing.
If it is conducted in-person,
the clarificatory hearing
shall be done at the most
convenient venue for the
parties.
The clarificatory hearing
shall be terminated within
thirty (30) calendar days
from its commencement.

SECTION 23. Minutes of New Provision


proceedings. The
proceedings before the IBP
shall be recorded.

SECTION 24. Non- New Provision


appearance of parties.
Non-appearance at the
clarificatory hearing shall
be deemed a waiver of the
right to participate therein.

SECTION 25. Issuance of New Provision


report and
recommendation by the
Investigating
Commissioner. If there is
no clarificatory hearing, the
Investigating
Commissioner shall render
a report and
recommendation and
submit the same to the IBP
Board of Governors within
a non extendible period of
sixty (60) calendar days
from receipt of the last
position paper or lapse of
the period given.
In case the Investigating
Commissioner sets a
clarificatory hearing, the
report and
recommendation shall be
rendered and submitted to
the IBP Board of
Governors within a non-
extendible period of thirty
(30) calendar days from
the termination of the
hearing.
The report and
recommendation shall be
accompanied by the duly
certified transcript of
stenographic notes, or in
lieu thereof, the audio
recording, if any, or the
Investigating
Commissioner's personal
notes duly signed, which
should be attached to the
records, together with the
evidence presented during
the investigation. The
submission of the report
need not await the
transcription of the
stenographic notes, it
being sufficient that the
report reproduce
substantially from the
Investigating
Commissioner' s personal
notes any relevant and
pertinent testimonies.
If the hearing is conducted
through videoconferencing,
the proceedings shall be
recorded by the
Investigating
Commissioner. shall form
part of the records of the
case, appending thereto
relevant electronic
documents taken up or
issued during the hearing.

SECTION 26. Submission New Provision


of resolution by the
Board of Governors. —
The IBP Board of
Governors shall have a
non-extendible period of
ninety (90) calendar days
from receipt of the Report
and Recommendation of
the Investigating
Commissioner, within
which to submit to the
Supreme Court its
Resolution adopting,
modifying or disapproving
such Report and
Recommendation.

SECTION 27. New Provision


Depositions. —
Depositions may be taken
in accordance with the
Rules of Civil Procedure,
as amended, with leave of
the Investigating
Commissioner.

SECTION 28. Filing and New Provision


service. — The filing and
the service of papers or
notices required by this
Canon shall be made with
the Commission, or upon
the parties personally, by
registered mail, accredited
courier, electronic mail or
other electronic means, or
as provided for in
international conventions
to which the Philippines is
a party.
For this purpose, the office
address and the electronic
mail address supplied by
the lawyer to the IBP shall
be the official addresses to
which all notices, orders
and processes shall be
served.
Proof of filing and service
shall be submitted in
accordance with the Rules
of Civil Procedure, as
amended.

SECTION 29. Substantial New Provision


defects; motion to
reopen. — Any substantial
defect in the complaint,
notice, answer, or in the
proceeding or the
Investigating
Commissioner's Report
which may result in the
miscarriage of justice may
be raised as an error
before the Supreme Court,
unless the defect results in
the deprivation of the right
to due process. In case of
the latter, the matter may
be brought before the IBP
Board of Governors by way
of a motion to reopen
within sixty (60) calendar
days from knowledge.

SECTION 30. New Provision


Proceedings initiated
before the Supreme
Court. — In proceedings
initiated by the Supreme
Court, or proceedings
commenced by complaint
filed with the Supreme
Court, the Supreme Court
may refer the case for
investigation, report and
recommendation to the
Office of the Bar Confidant,
or the IBP, or other fact-
finding body that is
designated or created by
the Supreme Court for
such purpose.
Cases referred to the
Office of the Bar Confidant,
or other factfinding body,
or the IBP shall proceed in
the same manner provided
in Sections 5 to 29 of this
Canon.
In any event, the report
and recommendation on
the investigation shall be
reviewed directly by the
Supreme Court, which
shall take such necessary
action on the report and
recommendation as may
be warranted.

SECTION 31. Preventive New Provision


suspension. After receipt
of respondent's answer or
lapse of the period
therefor, the Supreme
Court, on its own initiative,
or upon the
recommendation of the IBP
Board of Governors, the
Office of the Bar Confidant,
or the fact-finding body
referred to in Section 30,
may suspend a lawyer
from the practice of law
during the pendency of the
investigation for a period
not exceeding one hundred
eighty (180) calendar days
or until such suspension is
lifted by the Supreme
Court, in order to prevent
interference with or
obstruction of the
investigation, tampering,
concealment or destruction
of evidence, intimidating or
exerting undue influence
on any witness.

SECTION 32. Quantum New Provision


and burden of proof. In
administrative disciplinary
cases, the complainant has
the burden of proof to
establish with substantial
evidence the allegations
against the respondent.
Substantial evidence is
that amount of relevant
evidence which a
reasonable mind might
accept as adequate to
justify a conclusion.

SECTION 33. Serious New Provision


offenses. Serious offenses
include:
(a) Gross misconduct, or
any inexcusable, shameful
or flagrant unlawful
conduct;
(b) Serious dishonesty,
fraud, or deceit, including
falsification of documents
and making untruthful
statements;
(c) Bribery or corruption;
(d) Gross negligence in the
performance of duty, or
conduct that is reckless
and inexcusable, which
results in the client being
deprived of his or her day
in court;
(e) Conviction of a crime
involving moral turpitude;
(f) Grossly immoral
conduct, or an act that is
so corrupt or false as to
constitute a criminal act, or
so imrnoral as to be
reprehensible to a high
degree;
(g) Misappropriating a
client's funds or properties;
(h) Gross ignorance of the
law or procedure, or the
disregard of basic rules
and settled jurisprudence,
when either is attended by
bad faith, malice, or corrupt
motive;
(i) Grossly undignified
conduct prejudicial to the
administration of justice;
(j) Sexual abuse;
(k) Gender-based sexual
harassment or
discrimination;
(l) Open defiance to any
order of the court, tribunal,
or other government
agency;
(m) Threat of physical or
economic harm, amounting
to a crime, directed at a
fellow lawyer, the latter's
client or principal, a
witness, or any official or
employee of a court,
tribunal, or other
government agency;
(n) Willful and deliberate
forum shopping, and forum
shopping through gross
negligence;
(o) Intentional violation of
the rule on privileged
communication;
(p) Violation of the notarial
rules, except reportorial
requirements, when
attended by bad faith;
(q) Intentional violation of
the conflict of interest
rules;
(r) Influence-peddling or
using one's relationships to
obtain a favorable action
on, or outcome in, any
pending matter or
proceeding, directly or
indirectly, with or without
monetary consideration,
from any officer of a court,
tribunal or other
government agency;
(s) Unlawful discrimination
under Canon V; and
Sale, distribution,
possession and/or use of
illegal drugs or substances.

SECTION 34. Less New Provision


serious offenses. Less
serious offenses include:
(a) Simple misconduct, or
such misconduct without
the manifest elements of
corruption, clear intent to
violate the law or flagrant
disregard of established
rules;
(b) Simple negligence in
the performance of duty, or
such negligence which
does not result in depriving
the client of his or her day
in court;
(c) Violation of Supreme
Court rules and issuances
in relation to Bar Matters
and administrative
disciplinary proceedings,
including willful and
deliberate disobedience of
the orders of the Supreme
Court and the IBP;
(d) Simple dishonesty;
(e) Other violations of the
conflict of interest rules;
(f) Prohibited borrowing of
money from a client;
(g) Prohibited lending of
money;
(h) Other unlawful threats;
Instituting frivolous or
baseless actions, on the
basis of a final decision or
order dismissing such
action for being frivolous or
baseless;
(j) Violation of the
subjudice rule;

(k) Deliberate failure or


refusal to pay just debts;
(l) Termination of legal
services absent good
cause and written notice;
(m) Use of intemperate or
offensive language before
any court, tribunal, or other
government agency;
(n) Unjustifiable failure or
refusal to render an
accounting of the funds or
properties of a client;
(o) Unauthorized division
of fees with a non-lawyer;
and
(p) Other violations of
reportorial requirements.

SECTION 35. Light New Provision


offenses. — Light
offenses include:
(a) Violation of IBP rules
and issuances governing
membership in the IBP;
(b) Use of vulgar or
offensive language in
personal dealings;
(c) Fraternizing with the
officials or employees of a
court, tribunal, or other
government agency where
the respondent has a
pending case or cases, to
such a degree and
frequency as would give
the appearance of power
or influence over them, or
which tends to create an
impression of impropriety;
(d) Filing of frivolous
motions for inhibition;
Failure to promptly call
upon client to rectify a
fraudulent act; or
(f) Other similar or
analogous infractions of
the CPRA.

SECTION 36. Assisting in New Provision


the commission of an
offense.
Any lawyer who shall
knowingly assist another
lawyer in the commission
of any serious, less
serious, or light offense
punished by the CPRA
may also be held liable.

SECTION 37. Sanctions. NEW PROVISION

(a) If the respondent is


found guilty of a serious
offense, any of the
following sanctions, or a
combination thereof, shall
be imposed:
(1) Disbarment;
(2) Suspension from the
practice of law for a period
exceeding six (6) months;
(3) Revocation of notarial
commission and
disqualification as notary
public for not less than two
(2) years; or
(4) A fine exceeding PI
00,000.00.
(b) If the respondent is
found guilty of a less
serious offense, any of the
following sanctions, or a
combination thereof, shall
be imposed:
(l) Suspension from the
practice of law for a period
within the range of one (l)
month to six (6) months, or
revocation of notarial
commission and
disqualification as notary
public for less than two (2)
years;
(2) A fine within the range
of P35,000.00 to
100,000.00
(c) If the respondent is
found guilty of a light
offense, any of the
following sanctions shall be
imposed:
(1) A fine within the range
of PI ,000.00 to P
35,000.00;
(2) Censure; or
(3) Reprimand.
In addition to the above
sanctions in paragraph (c),
the respondent may also
be required to do
community service or
service in the IBP legal aid
program.
In all instances, when the
offense involves money or
property owed, which is
intrinsically linked to the
lawyer-client relationship,
the respondent shall be
ordered to return the same.

SECTION 38. Modifying NEW PROVISION


circumstances. In
determining the
appropriate penalty to be
imposed, the Court may, in
its discretion, appreciate
the following mitigating and
aggravating
circumstances:
(a) Mitigating
circumstances:
(1) First offense, except in
charges of gross
misconduct, bribery or
corruption, grossly immoral
conduct, misappropriating
a client's funds or
properties, sexual abuse,
and sale, distribution,
possession and/or use of
illegal drugs or substances;
(2) Absence of bad faith or
malice;
(3) Return of the amounts
owed;
(4) Expression of remorse;
(5) Reconciliation with the
complainant;
(6) Rectification of
wrongdoing;
(7) Act or omission did not
prejudice the client;
(8) Age;
(9) Number of years in the
practice of law;
(10) Humanitarian
considerations; and
(l l) Other analogous
circumstances.
(b) Aggravating
Circumstances:
(l) Finding of previous
administrative liability
where a penalty is
imposed, regardless of
nature or gravity;
(2) Age;
(3) Number of years in the
practice of law;
(4) Employment of
fraudulent means to
conceal the offense;
(5) Respondent's act or
omission was tainted with
bad faith or malice, except
when it is an element of
the offense;
(6) Lack of remorse;
(7) Failure to comply with
the orders of the Court and
the IBP in relation to an
administrative case; and
(8) Other analogous
circumstances.

SECTION 39. Penalty for NEW PROVISION


multiple offenses. — If
the respondent is found
liable for more than one (1)
offense arising from
separate acts or omissions
in a single administrative
proceeding, the Court shall
impose separate penalties
for each offense. Should
the aggregate of the
imposed penalties exceed
five (5) years of
suspension from the
practice of law or
P1,000,000.00 in fines, the
respondent may, in the
discretion of the Supreme
Court, be meted with the
penalty of disbarment. If a
single act or omission
gives rise to more than one
(1) offense, the respondent
shall still be found liable for
all such offenses, but shall,
nonetheless, only be
meted with the appropriate
penalty for the most
serious offense.

SECTION 40. Payment of NEW PROVISION


fines and return of
client’s money and
property. — When the
penalty imposed is a fine
or the respondent is
ordered to return the
client’s money or property,
the respondent shall pay or
return it within a period not
exceeding three (3)
months from receipt of the
decision or resolution. If
unpaid or unreturned, the
Court may cite the
respondent in indirect
contempt.

SECTION 41. Penalty NEW PROVISION


when the respondent has
been previously
disbarred. — When the
respondent
has been previously
disbarred and is
subsequently
found guilty of a new
charge, the Court may
impose
a fine or order the
disbarred lawyer to return
the
money or property to the
client., when proper. If
the new charge deserves
the penalty of a disbarment
or suspension of from the
practice of law, it shall
not be imposed but the
penalty shall be recorded
in the personal file of the
disbarred lawyer in the
Office of the Bar Confidant
or other office designated
for the purpose. In the
event that the disbarred
lawyer applies for judicial
clemency, the penalty
so recorded shall be
considered in the
resolution
of the same.

SECTION 42. NEW PROVISION


Immediately executory;
furnished
copies. — The decision or
resolution pronouncing the
respondent’s
administrative liability is
immediately
executory. The copies of
the decision or resolution
shall be furnished to the
Office of the Bar Confidant,
the Integrated Bar of the
Philippines National
Office and local chapter to
which the respondent
belongs, and the Office of
the Court Administrator
for circulation to all the
courts

SECTION 43. NEW PROVISION


Confidentiality. —
Proceedings against
lawyers shall be
confidential. However, the
final order of the Supreme
Court shall be published
like its decisions in other
cases.

SECTION 44. Lifting of NEW PROVISION


suspension. – Any
suspension from the
practice of law imposed by
the Supreme Court is not
automatically lifted upon
the lapse of the period, but
only upon its order.

SECTION 45. Petition for NEW PROVISION


lifting of suspension. —
A suspended lawyer
seeking to lift the order of
suspension from the
practice of law shall, after
the full service of the
suspension, file a verified
petition for lifting the same
to show that the petitioner,
during the period of
suspension: (a) has not
appeared before any court,
tribunal or other
government agency,
whether in respect of
current, former or
prospective clients; (b) has
not signed or filed any
pleading or other court
submission; (c) has duly
informed his or her clients,
law firm, law school where
the lawyer is teaching,
legal clinic, or other legal
service organization of
which he or she is a
member, regarding the
suspension; and (d) has
not otherwise performed
any act, directly or
indirectly, that amounts to
the practice of law.

The verified petition shall


state the date of the
lawyer’s receipt201 of the
order, decision or
resolution imposing the
penalty of suspension, as
well as a list of the lawyer’s
engagements affected by
the suspension, indicating
the relevant court, tribunal
or other government
agency, if any.

The suspended lawyer


shall also attach
documents in support of
the verified petition.202
Any false statement in the
verified petition shall be a
ground for a complaint for
disbarment

SECTION 46. Action on NEW PROVI


the petition for lifting of
suspension; full
compliance. — If the
petition is compliant in form
and substance, the
Supreme Court shall order
the lifting of the suspension
within ninety (90) calendar
days from the filing of the
petition. The Supreme
Court may require the
lawyer to submit additional
documents, as may be
warranted.

SECTION 47.
Reinstatement in the Roll
of Attorneys. — A lawyer
who has been disbarred
may file a verified petition
for judicial clemency after
five (5) years from the
receipt of the order,
decision, or resolution of
disbarment.

SECTION 48. Petition for


judicial clemency. — The
verified petition for judicial
clemency shall allege the
following:
(a) that the verified petition
was filed after five (5)
years from the receipt of
the order, decision, or
resolution of disbarment;
(b) that the disbarred
lawyer has fully complied
with the terms and
conditions of all prior
disciplinary orders,
including orders for
restitution;
(c) that he or she
recognizes the
wrongfulness and
seriousness of the
misconduct for which he or
she was disbarred by
showing positive acts
evidencing reformation;
(d) that he or she has
reconciled, or attempted in
good faith to reconcile,'
with the wronged private
offended party in the
disbarment case, or if the
same is not possible, an
explanation as to why such
attempt at reconciliation
could not be made.
Where there is no private
offended party, the plea for
clemency must contain a
public apology; and
(e) notwithstanding the
conduct for which the
disbarred lawyer was
disciplined, he or she has
the requisite good moral
character and competence.
Any of the following
allegations may also be
made in support of the
petition:
(a) that he or she still has
productive years that can
be put to good use if given
a chance; or
(b) there is a showing of
promise (such as
intellectual aptitude,
learning or legal acumen or
contribution to legal
scholarship and the
development of the legal
system or administrative
and other relevant skills),
as well as potential for
public service.

SECTION 49. Action on


the petition for judicial
clemency; prima facie
merit. — Upon receipt of
the petition, the Supreme
Court shall conduct a
preliminary evaluation and
determine if the same has
prima facie merit based on
the criteria.
If the petition has prima
facie merit, the Supreme
Court shall refer the
petition to the Office of the
Bar Confidant or any fact-
finding body the Court so
designates for
investigation, report and
recommendation.
If the petition fails to show
any prima facie merit, it
shall be denied outright.

SECTION 50.
Investigation by the
Office ofthe Bar
Confidant or other fact-
finding body. — The
Office of the Bar Confidant
or any other fact-finding
body designated shall
conduct and terminate the
investigation and submit to
the Supreme Court its
report and
recommendation within
ninety (90) calendar days
from receipt of the referral.

SECTION 51. Decision on


the petition for judicial
clemency; quantum of
evidence. — The
Supreme Court shall
decide the petition on the
basis of clear and
convincing evidence.

SECTION 52. Prohibition


against employment
ofdisbarred or
suspended lawyer. — A
lawyer who has been
disbarred or suspended
shall not be employed or
engaged in the practice of
law, including the
performance of the
following acts:
(a) Providing legal
consultation or advice;
(b) Appearing on behalf of
a client in any hearing or
proceeding before any
court, tribunal, or other
government agency or
office;
(c) Appearing as a
representative of a client at
a deposition or other
discovery matter;
(d) Negotiating or
transacting any legal
matter for or on behalf of a
client with third parties;
(e) Receiving, disbursing,
or otherwise handling a
client's funds;
(f) Teaching law subjects in
any educational institution;
or
Acting and being
commissioned as a Notary
Public.
A suspended lawyer shall
immediately cease and
desist from the practice of
law until the suspension is
lifted by the Supreme
Court.
Any client previously
represented by a
suspended lawyer may
engage the services of a
new lawyer.
The disbarment or
suspension of a handling
lawyer shall not terminate
the lawyer-client
engagement between the
client and the law firm,
unless the client chooses
otherwise.

SECTION 53. Costs. — All


reasonable and necessary
expenses incurred in
relation to disciplinary and
disbarment proceedings
are lawful charges for
which the parties may be
taxed as costs, subject to
proof.

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