Old and New Cpra
Old and New Cpra
Old and New Cpra
CANON I
INDEPENDENCE
OLD PROVISION
OLD PROVISION
OLD PROVISION
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.
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 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.
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.
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 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.
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.
(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
(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.
(c) When
necessary to
collect his
fees or to
defend
himself, his
employees
or
associates
or by judicial
action.
Section 2. Undertaking
legal services;
collaborating counsel. — - NEW
A lawyer shall only
undertake legal services he
or she can deliver.
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.
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.
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.
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.
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.
Nonetheless, the
final order of the
Supreme Court shall
be published like its
decisions in other
cases.
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.
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 Investigating
Commissioner shall
have the power to issue
subpoenae and
administer oaths and
affirmations in relation
to the conduct of the
proceedings
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 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.