ETHICS

MIDTERM EXAMINATION - REVIEWER | BY K.N SANTOS

PREAMBLE Legal ethics is prescribed standard of behavior, a

code of conduct or discipline, looked upon and observed
by members of the bench and bar serving as guideposts
in their dealings with the public, the court, with each
Ethics is the experiential manifestation of moral standards.
The observance of these standards of conduct is both a other and to one’s client.
function of personal choice and formal compulsion. A lawyer
is ideally ethical by personal choice. A code of ethics The practice of law is a privilege given to lawyers
expressly adopted represents society’s consensus and
dictate to conform to a chosen norm of behavior that who meet the high standards of legal proficiency and
sustains the community’s survival and growth. morality, including honesty, integrity, and fair dealing.
They must perform their fourfold duty to society, the
The Code of Professional Responsibility and Accountability
legal profession, the courts, and their clients in
(CPRA), as an institutional imperative, is meant to foster an
environment where ethical conduct performs a dedicated accordance with the values and norma of the legal
role in the administration of justice. In particular, the profession as embodied in the old Code of Professional
standards embodied in the CPRA uniquely address the Responsibility.
characteristics of the Filipino lawyer as an amalgamation of
influences and moorings, i.e., familial, cultural, religious,
academic, political, and philosophical. Inherently a social SOURCES OF LEGAL ETHICS
being, the Filipino lawyer inevitably develops and cultivates 1. The 1987 Constitution
relations, preferences and biases. The conscious adoption 2. Statutes
of ethical standards that accounts for such relationships and
personal choices balanced against the demands of right and 3. Rules of Court
justice is envisioned to govern and regulate these personal 4. Jurisprudence
choices and make them consistent with the institutional 5. CPRA
objectives.
6. Treatises
The existence of a free and an independent society depends 7. Foreign jurisdictions
upon the recognition of the concept that justice is based on
the rule of law. Every lawyer is a servant of the Law and has to
As a guardian of the rule of law, every lawyer, as a citizen, observe and maintain the rule of law as well as be an
owes allegiance to the Constitution and the laws of the land; exemplar worthy of emulation by others. As servants
as a member of the legal profession, is bound by its ethical of the law and officers of the court, lawyers are required
standards in both private and professional matters; as an
to be at the forefront of observing and maintaining the
officer of the court, assists in the administration of justice;
and as a client’s representative, acts responsibly upon a rule of law, making themselves exemplars worthy of
fiduciary trust. emulation.

An ethical lawyer is a lawyer possessed of integrity. Integrity

is the sum total of all the ethical values that every lawyer CANON 1
must embody and exhibit. A lawyer with integrity, therefore,
acts with independence, propriety, fidelity, competence and Independence
diligence, equality and accountability.

Failure to abide by the Code results in sanctions.

The independence of a lawyer in the discharge of
professional duties without any improper influence,
Honesty and integrity are requirements no less weighty restriction, pressure, or interference, direct or indirect,
than hurdling the bar examinations. This is why ensures effective legal representation and is ultimately
imperative for the rule of law.
certification of good moral character is one of the
documents that must be submitted in applying to take
the said examination. A charge of immoral or deceitful Canon 1 is all about independence. It takes into
conduct on the part of an applicant, when proved, is a consideration issues of improper influence, restriction,
ground for disqualifying him. pressure, or interference, direct or indirect, as well as
ensuring effective legal representation
 SECTION 1. Independent, accessible, efficient, and SECTION 5. Lawyer’s duty and discretion in
effective legal service. – A lawyer shall make legal procedure. – A lawyer shall not allow the client to
services accessible in an efficient and effective dictate or determine the procedure in handling the
manner. In performing this duty, a lawyer shall case.
maintain independence, act with integrity, and at all
times ensure the efficient and effective delivery of Nevertheless, a lawyer shall respect the client’s
justice. decision to settle or compromise the case after
explaining its consequences to the client.
As an officer of the court, a lawyer, by virtue of his oath
and his unique position in the dispensation of justice, is A lawyer’s oath to uphold the cause of justice is
precluded from rejecting taking up the cause of the superior to his duty to his client; its primacy is
defenseless or the oppressed unless it is based on indisputable. A lawyer, though engaged to represent the
valid reasons. interests of his client, is first and foremost an officer of
the court.
One such reason that might be accepted by the Court as
valid is that of the matter of conflict of interest, where the The Code enjoins a lawyer to employ only fair and
lawyer in taking up the cause of the defenseless or the honest means to attain the lawful objectives of his client
oppressed would run counter to the interests of his and warns him not to allow his client to dictate the
clients. proceeding in handling the case. A lawyer is not a gun
for hire.

SECTION 2. Merit-based practice. – A lawyer shall

In the practice of law, lawyers constantly formulate
rely solely on the merits of a cause and not exert, or
give the appearance of, any influence on, nor compromise agreements for the benefits of their clients.
undermine the authority of, the court, tribunal or other Entering into a compromise agreement without the
government agency, or its proceedings. written authority from the client is a violation of the
CPRA. Members of the Bar must always conduct
themselves in a way that promotes public confidence in
SECTION 3. Freedom from improper considerations the integrity of the legal profession.
and external influences. – A lawyer shall not, in
advocating a client’s cause, be influenced by
dishonest or immoral considerations, external CANON 2
influences, or pressure. Propriety

SECTION 4. Non-interference by a lawyer. – Unless

authorized by law or a court, a lawyer shall not assist A lawyer shall, at all times, act with propriety and
or cause a branch, agency, office or officer of the maintain the appearance of propriety in personal and
government to interfere in any matter before any court, professional dealings, observe honesty, respect and
tribunal, or other government agency. courtesy, and uphold the dignity of the legal profession
consistent with the highest standards of ethical
behavior.
An attorney’s duty of prime importance is to observe and
maintain the respect due to the courts of justice and
Canon 2 speaks all about propriety. Being in direct
judicial officers.
contact with the people thereof, he is expected to be
above and beyond reproach, not only in private but also
Consistent with what we call judicial independence, a
in his public or official conduct, dealings and actuations.
lawyer as an officer of the court is prohibited from
He ought to be a person of exemplary character.
brooking nor inviting any interference of any kind from
any other branch, agency, or office of the government in
Lawyers must not only be clean but they must also
the normal course of judicial proceedings.
appear clear. This way, the people’s faith in the justice
system remains undisturbed.

CRIMINAL LAW 2
MIDTERM REVIEWER BY K.N SANTOS
 Mutual bickerings and unjustifiable recriminations
SECTION 1. Proper conduct. – A lawyer shall not
engage in unlawful, dishonest, immoral, or deceitful between brother attorneys detract from the dignity of the
conduct. legal profession and will not receive any sympathy from
the court.

These are a lawyer’s foremost duty. A lawyer’s

Indulging in offensive personalities in the course of
responsibilities under Canon 1 mean more than just
judicial proceedings constitutes unprofessional conduct
staying out of trouble with the law. As servants of the law
which subjects a lawyer to disciplinary action. While a
and officers of the court, lawyers are required to be at
lawyer is entitled to present his case with vigor and
the forefront of observing and maintaining the rule of
courage, such enthusiasm does not justify the use of
law.
offensive and abusive language. Language abounds
with countless possibilities for one to be empathetic but
DISHONEST
respectful, convincing but not derogatory, illuminating but
➢ Intentionally making false statement in any
not offensive. In keeping with the dignity of the legal
material fact, or practicing or attempting to
profession, a lawyer’s language even in his pleadings
practice any deception or fraud
must be dignified.
➢ A question of intention

IMMORAL NOTE: Section 2 mandates how lawyers should

➢ That conduct which is willful, flagrant, or treat others. One’s fitness to practice law is based on
shameless as to show indifference to the opinion his acts of profession.
of good and respectable members of the
community
SECTION 3. Safe environment; avoid all forms of
➢ Such conduct must not only be immoral, but abuse or harassment. – A lawyer shall not create or
grossly immoral promote an unsafe or hostile environment, both in
➢ It must be so corrupt as to constitute a criminal private and public settings, whether online, in
act or so unprincipled as to be reprehensible to a workplaces, educational or training institutions, or in
high degree recreational areas.

To this end, a lawyer shall not commit any form of

DECEITFUL
physical, sexual, psychological, or economic abuse or
➢ Involves moral turpitude and includes anything violence against another person. A lawyer is also
done contrary to justice, modesty or good morals prohibited from engaging in any gender-based
harassment or discrimination.
A lawyer may be disciplined or suspended for any
misconduct, whether in his professional or private The State also recognizes that both men and women
capacity. The ethics or the legal profession rightly enjoin must have equality, security, and safety not only in
lawyers to act with the highest standards of truthfulness, private but also in public spaces and online.
fair play, and nobility in the course of his practice of law.
Lawyers are duty bound to uphold the dignity of the
SECTION 2. Dignified conduct. – A lawyer shall legal profession. They must act honorably, fairly, and
respect the law, the courts, tribunals, and other candidly towards each other and otherwise conduct
government agencies, their officials, employees, and themselves without reproach at all times.
processes, and act with courtesy, civility, fairness, and
candor towards fellow members of the bar.
SECTION 4. Use of dignified, gender-fair, and child-
A lawyer shall not engage in conduct that adversely and culturally-sensitive language. – A lawyer shall use
reflects on one’s fitness to practice law, nor behave in only dignified, gender-fair, child- and
a scandalous manner, whether in public or private life, culturally-sensitive language in all personal and
to the discredit of the legal profession. professional dealings.

CRIMINAL LAW 2
MIDTERM REVIEWER BY K.N SANTOS
 To this end, a lawyer shall not use language which is
abusive, intemperate, offensive or otherwise improper, Astorga had been disturbing the peaceful occupation
oral or written, and whether made through traditional and possession of complainants of the Lot claiming
or electronic means, including all forms or types of that complainants have no right over the same.
mass or social media. Complainants then agreed to buy the subject Lot and
respondent, who, without being appointed by the court
as administrator of the intestate estate of the late
The use of intemperate language and unkind spouses Ricardo Nuñez sold and conveyed to Imelda
ascriptions has no place in the dignity of judicial Nuñez and Elisa Nuñez-Alvarico, daughters of
forum. Though a lawyer’s language may be forceful and Eduardo, the portions of the Lot they were occupying.
empathetic, it should always be dignified and respectful, After which Elisa Nuñez-Alvarico filed a criminal
befitting the dignity of the legal profession. While a complaint for Estafa against the respondent.
lawyer must advocate his client’s cause in utmost Sometime in March, the respondent went to the house
of Eduardo Nuñez and threatened to kill him by
earnest and with maximum skills, he is not at liberty to uttering the words ‘ipaposil ta ka’ which means ‘I’ll
resort to arrogance, intimidation, and innuendo. have you shot.’

All those involved in the administration of justice are RATIO

required all the time to conduct themselves with the Respondent’s offensive language against
highest degree of propriety and decorum and to take complainants and their counsel is unbecoming of an
attorney. Atty. Arturo B. Astorga is aquitted of the
great care in avoiding incidents that tend to degrade the
charge of serious misconduct, but is held liable for
judiciary and diminish the respect and regard for the conduct unbecoming an attorney and is fined ₱2,000.
courts.
The legal profession exacts a high standard from its
No attorney, no matter his great fame or high prestige, members. Lawyers shall not engage in conduct
should ever brand a court or judge as grossly ignorant of that adversely reflects on their fitness to practice
the law, especially if there was no sincere or legitimate law. Neither shall they, whether in public or in private
life, behave in a scandalous manner to the discredit of
reason for doing so. A lawyer is entitled to voice his
the legal profession.
criticism within the context of the constitutional
guarantee of freedom of speech which must be
exercised responsible. SECTION 5. Observance of fairness and obedience. –
A lawyer shall, in every personal and professional
The lawyer's fidelity to his client must not be engagement, insist on the observance of the principles
pursued at the expense of truth and orderly of fairness and obedience to the law.
administration of justice. It must be done within the
confines of reason and common sense. A lawyer owes fidelity to the cause of his client, but
not at the expense of truth and the administration of
NUÑEZ vs ASTORGA justice and counsel for it is his duty not to delay a case,
impede the execution of a judgment or misuse court
FACTS processes.
Maria Ortega De Nuñez executed a Sale with Right to
Repurchase of a lot in favor of Eugenio Nuñez for a
consideration of P400.00. The stipulated time of SECTION 6. Harassing or threatening conduct. – A
repurchase was 10 years from the date of execution lawyer shall not harass or threaten a fellow lawyer, the
thereof. The vendor’s right to repurchase latter’s client or principal, a witness, or any official or
subsequently expired without any agreement of employee of a court, tribunal, or other government
extending said period of repurchase. Eugenio Nuñez agency.
occupied and possessed said Lot for more than 40
years. A year after the execution of the said pacto de
A lawyer’s advocacy is through his arguments, logic, as
retro sale, Maria and her son Ricardo Nuñez,
extrajudicially partitioned his estate including the well as adeptness and competency in legal procedure.
subject Lot. Ricardo Nuñez then appointed Harassing or threatening conduct has no place in a
respondent, Atty. Astorga, as administrator. lawyer’s toolset.

CRIMINAL LAW 2
MIDTERM REVIEWER BY K.N SANTOS
 SECTION 10. Conduct in the presentation of a
SECTION 7. Formal decorum and appearance. – A witness. – A lawyer shall avoid all forms of impropriety
lawyer shall observe formal decorum before all courts, when presenting or confronting a witness.
tribunals, and other government agencies.
A lawyer shall not coach, abuse, discriminate against,
A lawyer’s attire shall be consistent with the dignity of or harass any witness, in or out of the court, tribunal,
the court, tribunal, or other government agency, with or other government agency, or talk to a witness
due respect to the person’s sexual orientation, gender during a break or recess in the trial, while a witness is
identity, and gender expression. still under examination. Neither shall a lawyer direct,
assist, or abet any misrepresentation or falsehood by
a witness.
Decorum demands that due respect be given when
appearing before courts, tribunals, and other
The principal duty of a lawyer in his capacity as an officer
government agencies. Respect begins with the way
of the court is to see to it that the truth is established with
and manner we represent and appear before them.
the end in view that justice be done. Hence, a lawyer
should avoid or refrain from talking to his witness during
SECTION 8. Prohibition against misleading the court, a break or recess in the trial, while said witness is still
tribunal, or other government agency. – A lawyer shall under examination.
not misquote, misrepresent, or mislead the court as to
the existence or the contents of any document,
argument, evidence, law, or other legal authority, or Corollary, a lawyer shall not knowingly assist a witness to
pass off as one’s own the ideas or words of another, or commit perjury or perpetuate a fraud by impersonating
assert as a fact that which has not been proven. another person before the court.

For perjury to exist:

A lawyer whose very reason for being an officer of the
1. There must be a sworn statement that is
court is to promote justice, should not take anything out
required by law
of context. A lawyer must be a disciple of truth.
2. It must be made under oath before a competent
court
As an officer of the court, a lawyer’s high vocation is to
3. The statement contains a deliberate assertion of
correctly inform the court upon the law and the facts of
falsehood
the case and to aid it in doing justice and arriving at
4. The false declaration is with regard to a material
the correct conclusion. The courts, on the other hand,
matter
are entitled to expect only complete honesty from
lawyers appearing and pleading before then.
SECTION 11. False representations or statements;
A lawyer is the servant of the law and belongs to a duty to correct. – A lawyer shall not make false
profession to which society has entrusted the representations or statements. A lawyer shall be liable
administration of law and the dispensation of justice. for any material damage caused by such false
representations or statements.

SECTION 9. Obstructing access to evidence or A lawyer shall not, in demand letters or other similar
altering, destroying, or concealing evidence. – A correspondence, make false representations or
lawyer shall not obstruct another lawyer’s access to statements, or impute civil, criminal, or administrative
evidence during trial, including testimonial evidence, liability, without factual or legal basis.
or alter, destroy, or conceal evidence.
A lawyer shall correct false or inaccurate statements
and information made in relation to an application for
An attorney is called upon to assist in the due admission to the bar, any pleading, or any other
administration of justice. Like the court itself, he is an document required by or submitted to the court,
instrument to advance its cause. tribunal or agency, as soon as its falsity or inaccuracy
is discovered or made known to him or her.

CRIMINAL LAW 2
MIDTERM REVIEWER BY K.N SANTOS
Candor in the dealings with the Court is of the very
A lawyer shall also report to the appropriate authority
essence of honorable membership in this profession. any transaction or unlawful activity that is required to
be reported under relevant laws, including the
The test is whether his conduct shows him to be wanting submission of covered and suspicious transactions
in moral character, honesty, probity, and good demeanor, under regulatory laws, such as those concerning anti­
or whether it renders him unworthy to continue as an money laundering. When disclosing or reporting the
officer of the court. 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
CUARESMA vs DAQUIS confidentiality.

FACTS Any such information shall be treated with strict

An order to demolish the property where Eugenio confidentiality.
Cuaresma was staying was issued by a trial judge
pursuant to a civil case filed by Marcelo Daquis. A baseless report shall be subject to civil, criminal, or
Cuaresma’s lawyer, Atty. Macario Directo, filed a administrative action.
petition for certiorari before the Supreme Court where
he alleged that they had no knowledge of the said civil
case hence the order of demolition is unjust. The SECTION 13. Imputation of a misconduct, impropriety,
Supreme Court however later found out that or crime without basis. – A lawyer shall not, directly or
Cuaresma and his lawyer in fact knew of the existence indirectly, impute to or accuse another lawyer of a
of said civil case. misconduct, impropriety, or a crime in the absence of
factual or legal basis.
In his explanation, Atty. Directo stated that what he
meant was that he and his client belatedly learned of Neither shall a lawyer, directly or indirectly, file or
the civil case; that had there been a mistake cause to be filed, or assist in the filing of frivolous or
committed, “it had been an honest one, and would say baseless administrative, civil, or criminal complaints
in all sincerity that there was no deliberate attempt and against another lawyer.
intent on his part of misleading this Honorable Court,
honestly and totally unaware of any false allegation in
the petition.” The primary purpose of administrative disciplinary
proceedings against delinquent lawyers is to uphold the
RATIO law and to prevent the ranks of the legal profession from
Atty. Directo was reprimanded by the Supreme Court. being corrupted by unscrupulous practices.
The Supreme Court gave Directo the benefit of the
doubt and presumed that he acted in good faith as the
misstatements in his petition could be attributed either SECTION 14. Remedy for grievances; insinuation of
to his carelessness or his lack of English proficiency. improper motive. – A lawyer shall submit grievances
against any officer of a court, tribunal, or other
The Supreme Court admonished Directo to prepare government agency only through the appropriate
pleadings carefully in the future so that the least doubt remedy and before the proper authorities.
as to his intellectual honesty cannot be entertained.
Every member of the bar should realize that Statements insinuating improper motive on the part of
candor in the dealings with the Court is of the very any such officer, which are not supported by
essence of honorable membership in the substantial evidence, shall be ground for disciplinary
profession. action.

SECTION 12. Duty to report dishonest, deceitful, or SECTION 15. Improper claim of influence or
misleading conduct. – A lawyer shall immediately familiarity. – A lawyer shall observe propriety in all
inform a court, tribunal, or other government agency of dealings with officers and personnel of any court,
any dishonest, deceitful or misleading conduct related tribunal, or other government agency, whether
to a matter being handled by said lawyer before such personal or professional. Familiarity with such officers
court, tribunal, or other government agency. and personnel that will give rise to an appearance of
impropriety, influence, or favor shall be avoided.

CRIMINAL LAW 2
MIDTERM REVIEWER BY K.N SANTOS
 A lawyer shall not make claims of power, influence, or
relationship with any officer of a court, tribunal, or RATIO
other government agency. The respondent clearly solicited employment violating
Rule 2.03, and Rule 1.03 and Canon 3 of the CPR and
Section 27, Rule 138 of the Rules of Court. Labiano's
A lawyer should strive to win his case based on the calling card contained the phrase "with financial
merits of his arguments. Marked attention and unusual assistance." The phrase was clearly used to entice
hospitality on the part of a lawyer to a judge, uncalled for clients to change counsels with a promise of loans to
by the personal relations of the parties, subject both the finance their legal actions. Money was dangled to lure
judge and the lawyer to misconstructions of motive and clients away from their original lawyers, thereby taking
should be avoided. advantage of their financial distress and emotional
vulnerability. This crass commercialism degraded
the integrity of the bar and deserved no place in
SECTION 16. Duty to report life-threatening situations. the legal profession. Thus, Atty. Nicomedes
– A lawyer who has reasonable grounds to believe Tolentino is hereby suspended from the practice of law
that a life-threatening situation is likely to develop in for a period of 1 year effective immediately from
relation to any proceeding in any court, tribunal, or receipt of this resolution. He is sternly warned that a
other government agency shall immediately report the repetition of the same or similar acts in the future shall
same to the proper authorities. be dealt with more severely.

Canons are rules of conduct all lawyers must adhere to,

SECTION 17. Non-solicitation and impermissible including the manner by which a lawyer’s service is to be
advertisement. – A lawyer shall not, directly or
made known.
indirectly, solicit, or appear to solicit, legal business.

A lawyer shall not, directly or indirectly, advertise legal The practice of law is a profession and not a
services on any platform or media except with the use business. Lawyer’s should not advertise their talents as
of dignified, verifiable, and factual information, merchants advertise their wares. To allow a lawyer to
including biographical data, contact details, fields of advertise his talent or skills is to commercialize the
practice, services offered, and the like, so as to allow a practice of law, degrade the profession in the public’s
potential client to make an informed choice. In no case
shall the permissible advertisement be self-laudatory. estimation and impair its ability to efficiently render that
high character of service which every member of the
A lawyer, law firm, or any of their representatives shall Bar is called for.
not pay or give any benefit or consideration to any
media practitioner, award­ giving body, professional A lawyer’s best advertisement is a well-merited
organization, or personality, in anticipation of, or in reputation for professional capacity and fidelity to trust
return for, publicity or recognition, to attract legal
based on his character and conduct. Lawyers are only
representation, service, or retainership.
allowed to announce their services by publication in
reputable law lists or use of simple professional
Lawyers are prohibited from soliciting cases for the cards. The practice of law is a noble profession.
purpose of gain, either personally or through paid agents
or brokers. Such actuation constitutes malpractice, a Professional calling cards may only contain:
ground for disbarment. 1. Lawyer’s name
2. Name of the law firm with which he is connected
LINSANGAN vs TOLENTINO 3. Address
4. Telephone number
FACTS 5. Special branch of law practiced
Complainant alleged that respondent, with the help of
his paralegal, convinced his clients to transfer legal A lawyer should not steal another lawyer’s client nor
representation. The respondent promised them
induce the latter to retain him by a promise of better
financial assistance and expeditious collection on their
claims. To induce them to hire his services, he service, good result, or reduced fees from his services.
persistently called them and sent them text messages.

CRIMINAL LAW 2
MIDTERM REVIEWER BY K.N SANTOS
 The job of the judiciary is not to teach the public of its
SECTION 18. Prohibition against self-promotion. – A
lawyer shall not make public appearances and inner workings but to preserve fairness within the
statements in relation to a terminated case or legal system. The theory that televising the trial ensures that
matter for the purpose of self-promotion, self­ justice is served is not true. With intensive coverage, the
aggrandizement, or to seek public sympathy. media becomes less of a defensive force against
injustice and more of an offensive force by intimidating
the witnesses, distracting the lawyers, and distorting the
SECTION 19. Sub-judice rule. – A lawyer shall not use unfolding drama in the courtroom. Rights in democracy
any forum or medium to comment or publicize opinion
are not decided by the mob whose judgment is
pertaining to a pending proceeding before any court,
tribunal, or other government agency that may: dictated by rage and not by reason.

(a) cause a pre-judgment, or

SECTION 20. Disclosure of relationship or connection.
– A lawyer shall, at the first available opportunity,
(b) sway public perception so as to impede, obstruct,
formally disclose on record the lawyer’s relationship or
or influence the decision of such court, tribunal, or
connection with the presiding officer of any court,
other govenm1ent agency, or which tends to tarnish
tribunal, or other government agency, or any of its
the court’s or tribunal’s integrity, or
personnel, or the lawyer’s partners, associates, or
clients, that may serve as a ground for mandatory
(c) impute improper motives against any of its
inhibition in any pending proceeding before such
members, or
court, tribunal, or other government agency.
(d) create a widespread perception of guilt or
innocence before a final decision.
SECTION 21. Prohibition against gift-giving and
donations. – A lawyer shall not, directly or indirectly,
SUB JUDICE give gifts, donations, contributions of any value or sort,
➢ Refers to matters under judicial consideration on any occasion, to any court, tribunal or government
➢ Restricts comments and disclosure pertaining to agency, or any of its officers and personnel.
pending judicial proceedings
➢ Aimed to prevent comment and debate from
SECTION 22. No undue advantage of ignorance of
exerting any influence and prejudicing the the law. – A lawyer shall not take advantage of a
positions of parties in court proceedings non-lawyer’s lack of education or knowledge of the
law.
An accused has a right to public trials but it is a right that
belongs to him more than anyone else. A public trial is
not synonymous with publicized trial; it only implies SECTION 23. Instituting multiple cases; forum
that the court doors must be open to those who wish to shopping. – A lawyer shall not knowingly engage or
come, conduct themselves with decorum and observe through gross negligence in forum shopping, which
offends against the administration of justice, and is a
the trial proceedings. The openness of a trial safeguards falsehood foisted upon the court, tribunal, or other
against attempts to employ the courts as an instrument government agency.
of persecution. The pervasive adverse publicity of a
publicized trial violates the accused’s constitutional A lawyer shall not institute or advise the client to
right to due process. institute multiple cases to gain leverage in a case, to
harass a party, to delay the proceedings, or to
increase the cost of litigation.
Undoubtedly, television is one of the most powerful
sources of information and news in our society. However,
it is also one of the most manipulative. The mere FORUM SHOPPING
presence of the television camera inside the courtroom ➢ Committed by a party who institutes two or more
also inevitably affects the proceedings for it can change suites in different courts, either simultaneously or
the behavior of the people it focuses on. successively, on order to ask the courts to rule
on the same or related course pr grant the ssmd
of substantially the same reliefs
CRIMINAL LAW 2
MIDTERM REVIEWER BY K.N SANTOS
 ➢ An act of malpractice as it trifles with the courts,
herein complainants, the courts, and the legal
abuse their processes, degrades the profession itself. He fell short of his obligations as an
administration of justice, and add to the already officer of the Court. The fact that the civil case had
congested court dockets been transferred from one lawyer to another does not
➢ When by reason of an adverse decision in one excuse Atty. Brillantes from diligently studying the
forum, defendant ventures to another for a more case. By fully relying on the inaccurate information
favorable resolution of his case divulged by his clients during their interview, he
allowed himself to be deceived into filing the
Annulment Petition. In so doing, he inadvertently
Lawyers may not engage in forum-shopping by committed a falsehood before the CA, which also
splitting action or appeals. If the forum shopping is not constitutes a breach of the Lawyer's Oath and Rule
considered willful and deliberate, the subsequent case 10.01, Canon 10 of the CPR.
shall be dismissed without prejudice.
However, the Court cannot just disregard the following
The lawyer who files such multiple or repetitious petitions circumstances which warrant the imposition of a lower
penalty against Atty. Brillantes: (1) his admission of his
subjects himself to disciplinary actions for incompetence shortcomings in the handling of the civil case and his
or for willful violation of his duties as an attorney to act sincere apology for his actions; (2) this is his first
with all good fidelity to the courts. A lawyer is required to infraction; and (3) the negative economic impact of the
exert every effort and consider it his duty to assist in Coronavirus Disease 2019 pandemic to the country.
the speedy and efficient administration of justice. All things considered, the Court deems the penalty of
suspension from the practice of law for a period of 6
months, as recommended by the IBP, to be
HEIRS OF SPS REYES vs ATTY. BRILLIANTES commensurate with Atty. Brillantes' transgressions.

FACTS
In the disbarment complaint, Judge Reyes alleged that SECTION 24. Encroaching or interfering in another
by filing the Annulment Petition with the CA, Atty. lawyer’s engagement; exception. – A lawyer shall not,
Brillantes had grossly and deliberately violated: (a) the directly or indirectly, encroach upon or interfere in the
Lawyer's Oath and the CPR for committing a professional engagement of another lawyer.
falsehood and for abusing and misusing the
procedural rules and (b) the rule on forum shopping. This includes a lawyer’s attempt to communicate,
Judge Reyes argued that Atty. Brillantes had known negotiate, or deal with the person represented by
such declaration to be a falsity considering that he another lawyer on any matter, whether pending or not
himself had attached copies of the RTC Decision and in any court, tribunal, body, or agency, unless when
the CA Resolution to the Annulment Petition that he initiated by the client or with the knowledge of the
filed before the CA. latter’s lawyer.

Atty. Brillantes countered that Spouses Divina never A lawyer, however, may give proper advice and
disclosed to him that an appeal of the RTC Decision assistance to anyone seeking relief against perceived
had already been filed and resolved by the CA. He unfaithful or neglectful counsel based on the Code.
explained that he only relied on the interview he
conducted with his clients and the documents they
submitted to him in order to facilitate the drafting and The highest reward that can be bestowed on lawyers is
the filing of the Annulment Petition, which he insisted the esteem of their brethren. It emanates solely from
was done in good faith. integrity, character, brain, and skills in the honorable
performance of professional duty.
RATIO
A lawyer who agrees to take up the cause of a client is
expected to competently and diligently protect the DALLONG-GALICINAO vs CASTRO
latter's rights in accordance with his or her duties.
Failure to do so would render the lawyer answerable FACTS
not only to his or her client, but also to the legal Complainant Atty. Rosalie Dallong-Galicinao filed a
profession, the courts, and society. There is no complaint against respondent Atty. Virgil Castro for
question that Atty. Brillantes had failed to competently unprofessional conduct. It was alleged that respondent
handle the case of his clients to the detriment of came to inquire about the transfer of records of a case

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MIDTERM REVIEWER BY K.N SANTOS
even when he did not yet enter his appearance as An Opposition was filed against the appearance of
counsel thereof. He was told that the records were not Young Revilla Gambol & Magat on the ground that
yet transmitted since a certified copy of the Court of Revilla was already disbarred in 2009.
Appeals decision ordering the remand to MCTC was Young Revilla Gambol & Magat filed a Reply to the
not yet presented. Respondent reacted angrily and Opposition stating that the firm opted to retain Revilla's
hurled invectives at the complainant. Hence, the name in the firm name even after he had been
complaint was filed. The respondent later asked for disbarred, with the retention serving as an act of
forgiveness which the complainant accepted. charity. Atty. Young and Atty. Magat explained that
they did not intend to deceive the public and that in
RATIO any case, the retention of Revilla's name "does not
The respondent acted rudely towards an officer of the give added value to the law firm nor does it enhance
court; he raised his voice at the clerk of court, and the standing of the member lawyers thereof." The
uttered at her the most vulgar of invectives. Not only non-deletion of Revilla's name in the Young Law
was it ill-mannered but also unbecoming considering Firm's name is no more misleading than including the
that he did all these to a woman and in front of her names of dead or retired partners in a law firm's name.
subordinates. A lawyer shall conduct himself with
courtesy, fairness and candor toward his professional RATIO
colleagues, and shall avoid harassing tactics against The respondents committed acts that are considered
opposing counsel. A lawyer shall not, in his indirect contempt. Theg disregarded the Code of
professional dealings, use language which is abusive, Professional Responsibility when they retained the
offensive, or otherwise improper. Lawyers are duty name of respondent Revilla in their firm name. The
bound to uphold the dignity of the legal retention of a disbarred lawyer's name in the firm
profession. They must act honorably, fairly and name may mislead the public into believing that
candidly towards each other and otherwise conduct the lawyer is still authorized to practice law.
themselves with reproach at all times. Nonetheless,
the penalty to be imposed should be tempered down From the time respondent Revilla was disbarred in
owing to the fact that the respondent had apologized, 2009, it appears that no efforts were exerted to
which the complainant accepted. Hence, Atty. Castro remove his name from the firm name. Thus,
was fined the amount of PhP 10,000.00. respondents Atty. Young and Atty. Magat are held
liable for contempt of court.

SECTION 25. Responsibility of a solo practitioner. – A

lawyer in solo practice shall ensure that all matters SECTION 27. Partner who assumes public office. –
requiring such lawyer’s professional skill and judgment When a partner assumes public office, such partner
are promptly and competently addressed. 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 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 SECTION 28. Dignified government service. –
lawyers engaged to practice law, and who hold Lawyers in government service shall observe the
themselves out as such to the public. standard of conduct under the CPRA, the Code of
Conduct and Ethical Standards for Public Officials and
In the choice of a firm name, no false, misleading, or Employees, and other related laws and issuances in
assumed name shall be used. The continued use of the performance of their duties.
the name of a deceased, incapacitated, or retired
partner is permissible provided that the firm indicates Any violation of the CPRA by lawyers in government
in all its communications that said partner is deceased, service shall be subject to disciplinary action, separate
incapacitated, or retired. and distinct from liability under pertinent laws or rules.

Many lawyers in the public sector are employed as public

KIMTENG vs YOUNG
prosecutors and are assigned in courts. As such, they
FACTS are given the task to successfully prosecute people who
are charged with violation of our penal laws. But while
the mandate of a public prosecutor is to successfully
CRIMINAL LAW 2
MIDTERM REVIEWER BY K.N SANTOS
secure a conviction from the court, he is also duty-bound
the territorial jurisdiction where they previously served
to see if such conviction will serve the ends of justice within the same period.
and that only those who are guilty are incarcerated.
A lawyer does not shed his professional obligations After leaving government service, a lawyer shall not
upon assuming public office. In fact, it should make accept an engagement which could improperly
him more sensitive to his professional obligations influence the outcome of the proceedings which the
because a lawyer’s disreputable conduct is more likely to lawyer handled or intervened in, or over which the
lawyer previously exercised authority, while in said
be magnified in the public’s eye. No position demands
service.
greater moral righteousness and uprightness from its
holder than an office in the judiciary. Court employees
should be models of uprightness, fairness, and honesty SECTION 30. No financial interest in transactions; no
to maintain the people’s respect and faith in the judiciary. 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
COLLANTES vs RENOMERON requiring the approval of his or her office. Neither shall
such lawyer solicit gifts or receive anything of value in
FACTS relation to such interest.
V & G had requested the Register of Deeds through
Attorney Vicente C. Renomeron the registration of the Such lawyer in government shall not give anything of
lots they mortgaged to GSIS by the lot buyers. value to, or otherwise unduly favor, any person
However, there was no action from the respondent. transacting with his or her office, with the expectation
Another request was made for him to approve or deny of any benefit in return.
registration yet still no action, except to require V & G
to submit proof of real estate tax payment and to
clarify certain details about the transactions. V & G
ALI vs BUBONG
complied but respondent Renomeron suspended the
registration of the document and offered a special
FACTS
arrangement wherein V & G should provide a weekly
It appears that this disbarment proceeding is an
round trip ticket from Tacloban to Manila plus
off-shoot of the administrative case earlier filed by
P2,000.00 as pocket money per trip. Respondent
complainant against respondent. In said case,
confided to the complainant that he would act
complainant charged respondent with illegal exaction;
favorably on the 163 registrable documents of V & G if
indiscriminate issuance TCT No. T-2821 and
the latter would execute clarificatory affidavits and
manipulating the criminal complaint filed against Hadji
send money for a round trip plane ticket for him.
Serad Bauduli Datu and others for violation of the
Anti-Squatting Law. It appears from the records that
RATIO
the Baudali Datus are relatives of the respondent.
The respondent’s misconduct as a public official also
constituted a violation of his oath as a lawyer. The acts
RATIO
of dishonesty and oppression which Attorney
By taking advantage of his office as the Register of
Renomeron committed as a public official have
Deeds of Marawi City and employing his knowledge of
demonstrated his unfitness to practice the high and
the rules governing land registration for the benefit of
noble calling of the law. He should therefore be
his relatives, respondent had clearly demonstrated his
disbarred. The Code of Professional Responsibility
unfitness not only to perform the functions of a civil
applies to lawyers in government service in the
servant but also to retain his membership in the bar.
discharge of their official tasks.
Respondent’s conduct manifestly undermined the
people’s confidence in the public office he used to
occupy and cast doubt on the integrity of the legal
SECTION 29. Lawyers formerly in government profession. The ill-conceived use of his knowledge
service. – A lawyer who has left government service of the intricacies of the law calls for nothing less
shall not engage in private practice pertaining to any than the withdrawal of his privilege to practice law.
matter before the office where he or she used to be
connected within a period of one (1) year from his or The request for the withdrawal of this case cannot
her separation from such office. Justices, judges, possibly be acted upon favorably as proceedings of
clerks of court, city, provincial, and regional this nature cannot be “interrupted or terminated by
prosecutors shall not appear before any court within reason of desistance, settlement, compromise,

CRIMINAL LAW 2
MIDTERM REVIEWER BY K.N SANTOS
 restitution, withdrawal of the charges or failure of the For adhering to the ethical canon that the primary duty
complainant to prosecute the same.” of a public prosecutor is not to convict but to see that
justice is done, the Solicitor General deserves the
An officer who takes an oath when he is admitted to the
commendation of the Court. It is truly to his credit that
bar thereby becomes an officer of the court on whose while a conviction could have been another feather in
shoulder rests the grave responsibility of assisting the his cap, he did not seek it at the expense of the
courts in the proper, fair, speedy, and efficient petitioner's honor and liberty. WHEREFORE, the
administration of justice. Thus, he is subject to a rigid appealed decision is reversed and the petitioner is
discipline that demands that in his every exertion the ACQUITTED.
only criterion be that truth and justice triumph. This
discipline is what has given the law profession its nobility,
SECTION 32. Lawyers in the academe. – A lawyer
prestige, and its exalted place.
serving as a dean, administrative officer, or faculty
member of an educational institution shall at all times
SECTION 31. Prosecution of criminal cases. – The adhere to the standards of behavior required of
primary duty of a public prosecutor is not to convict but members of the legal profession under the CPRA,
to see that justice is done. observing propriety, respectability, and decorum inside
and outside the classroom, and in all media.
Suppressing facts, concealing of, tampering with or
destroying evidence, coaching a witness, or offering Despite the designation or role within the academic
false testimony is cause for disciplinary action.
community, he remains, first and foremost, a
The obligations of a public prosecutor shall also be member of the legal community and is obligated and
imposed upon lawyers in the private practice who are duty-bound to observe the norms of conduct as
authorized to prosecute under the direct supervision prescribed by the CPRA.
and control of the public prosecutor.

SECTION 33. Conflict of interest for lawyers in the

academe. – A lawyer serving as a dean, administrative
SOLIMAN vs SANDIGANBAYAN
officer, or faculty member of an educational institution
FACTS shall disclose to the institution any adverse interest of
The petitioner in this case was accused of qualified a client.
theft for having allegedly conspired with his co-workers
in the Malacanang garage to steal 1,000 liters of Upon discovery of any adverse interest of the lawyer’s
premium gasoline. According to the prosecution, a client which directly affects any student who is under
requisition was made on that day by the Malacanang his or her direct supervision and guidance, the lawyer
garage for 9,000 liters of premium gasoline. However, shall likewise disclose the same to the institution.
the entire amount was not transferred to the
underground tanks as there were retained in the
delivery truck 1,000 liters which the accused were SECTION 34. Paralegal services; lawyer’s
intending to sell to a private gasoline station at a responsibility. – A paralegal is one who performs tasks
discounted price. However, the plan was foiled. The that require familiarity with legal concepts, employed
driver was arrested and, upon questioning, implicated or retained by a lawyer, law office, corporation,
his other co- accused, including the petitioner herein. governmental agency, or other entity for
non-diagnostic and non­ advisory work in relation to
In finding the petitioner guilty, the Sandiganbayan legal matters delegated by such lawyer, law office,
relied heavily on the supposed confession of Cube, corporation, governmental agency, or other entity.
who was at large and never tried. The respondent
court, relying on the said defective statements, has A lawyer must direct or supervise a paralegal in the
indulged in certain conjectures that in its view have performance of the latter’s delegated duties.
established the petitioner's guilt. The above defects in
the decision of the Sandiganbayan were stressed by The lawyer’s duty of confidentiality shall also extend to
the Solicitor General, who has asked for the services rendered by the paralegal, who is equally
the petitioner's acquittal. bound to keep the privilege.

RATIO
PARALEGAL
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 ➢ Also referred to as “legal assistants”
It is undoubtedly a misbehavior on the part of the
➢ Compose the backbone of the support lawyer, subject to disciplinary action, to advertise his
mechanism of any legal practice. services except in allowable instances or to aid a
➢ Include work such as filing of documents, layman in the unauthorized practice of law.
encoding, research, delivery of documents, Considering that Atty. Rogelio Nogales, who is the
drafting documents, etc. prime incorporator, major stockholder and proprietor of
The Legal Clinic, Inc. is a member of the Philippine
Bar, he is hereby reprimanded, with a warning that a
ULEP vs LEGAL CLINIC, INC. repetition of the same or similar acts which are
involved in this proceeding will be dealt with more
FACTS severely.
It is the submission of petitioner that the
advertisements of the respondent are champertous,
unethical, demeaning of the law profession, and SECTION 35. Non-delegable legal tasks. – A lawyer
destructive of the confidence of the community in the shall not delegate to or permit a non-lawyer, including
integrity of the members of the bar. a paralegal, to:

The respondent admits the fact of publication of said (a) accept cases on behalf of the lawyer;
advertisement at its instance, but claims that it is not
engaged in the practice of law but in the rendering of (b) give legal advice or opinion;
"legal support services" through paralegals with the
use of modern computers and electronic machines. (c) act independently without the lawyer’s supervision
Respondent further argues that assuming that the or direction;
services advertised are legal services, the act of
advertising these services should be allowed. (d) to hold himself or herself out as a lawyer, or be
named in association with a lawyer in any pleading or
RATIO submission to any court, tribunal, or other government
The practice of law is not limited to the conduct of agency;
cases in court. The respondent corporation gives out
legal information to laymen and lawyers. Such activity (e) appear in any court, tribunal, or other government
falls squarely within the jurisprudential definition of agency, or actively participate in formal legal
"practice of law." It will not be altered by the fact that proceedings on behalf of a client, except when
the respondent corporation does not represent clients allowed by the law or rules;
in court since law practice is not limited to merely
giving legal advice, contract drafting and so forth. It is (f) conduct negotiations with third parties unless
engaged in the practice of law by virtue of the nature allowed in administrative agencies, without a lawyer’s
of the services it renders which thereby brings it within supervision or direction;
the ambit of the statutory prohibitions against the
advertisements. Most of the services they offer are (g) sign correspondence containing a legal opinion;
undoubtedly beyond the domain of paralegals and are and
exclusive functions of lawyers engaged in the practice
of law. In the absence of constitutional or statutory (h) perform any of the duties that only lawyers may
authority, a person who has not been admitted as an undertake.
attorney cannot practice law.
These provisions shall not apply to law student
The standards of the legal profession condemn practitioners under Rule 138- A of the Rules of Court.
the lawyer's advertisement of his talents. A lawyer
cannot, without violating the ethics of his profession.
advertise his talents or skill in a manner similar to a The practice of law is reserved to those who are
merchant advertising his goods. To allow the admitted to the bar and are in good standing and
publication of advertisements of the kind used by should never be delegated to those who are not
respondents would only serve to aggravate what is authorized, even if they are knowledgeable in the law
already a deteriorating public opinion of the legal
and legal process involved.
profession whose integrity has consistently been
under attack.

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MIDTERM REVIEWER BY K.N SANTOS
 RESPONSIBLE USE OF SOCIAL MEDIA

A lawyer shall uphold the dignity of the legal

profession in all social media interactions in a manner
that enhances the people’s confidence in the legal
system, as well as promote its responsible use.

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MIDTERM REVIEWER BY K.N SANTOS