Code of Professional Responsibility and Accountability Code of Professional Responsibility, Rules of Court, etc.

(A.M. No. 22-09-01-SC)

PREAMBLE

Ethics is the experiential manifestation of moral

standards. The observance of these standards of conduct
is both a function of personal choice and formal
compulsion. A lawyer is ideally ethical by personal choice.
A code of ethics expressly adopted represents society’s
consensus and dictate to conform to a chosen norm of
behavior that sustains the community’s survival and
growth.

The Code of Professional Responsibility and

Accountability, as an institutional imperative, is meant to
foster an environment where ethical conduct performs a

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dedicated role in the administration of justice. In

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particular, the standards embodied in the Code of
Professional Responsibility and Accountability uniquely
address the characteristics of the Filipino lawyer as an

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amalgamation of influences and moorings, i.e., familial,

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cultural, religious, academic, political, and philosophical.

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Inherently a social being, the Filipino lawyer inevitably
develops and cultivates relations, preferences and biases.
The conscious adoption of ethical standards that accounts

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for such relationships and personal choices balanced
against the demands of right and justice is envisioned to
govern and regulate these personal choices and make
them consistent with the institutional objectives.
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The existence of a free and an independent society
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depends upon the recognition of the concept that justice

is based on the rule of law.
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As a guardian of the rule of law, every lawyer, as a citizen,

owes allegiance to the Constitution and the laws of the
land; as a member of the legal profession, is bound by its
ethical standards in both private and professional matters;
as an officer of the court, assists in the administration of
justice; and as a client’s representative, acts responsibly
upon a fiduciary trust.

An ethical lawyer is a lawyer possessed of integrity.

Integrity is the sum total of all the ethical values that every
lawyer must embody and exhibit. A lawyer with integrity,
therefore, acts with independence, propriety, fidelity,
competence and diligence, equality and accountability.
Failure to abide by the Code results in sanctions. (n)
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. (n)
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SECTION 1. Independent, accessible, efficient and effective Canon 2 - A lawyer shall make his legal services available in an
legal service. — A lawyer shall make legal services efficient and convenient manner compatible with the
accessible in an efficient and effective manner. In independence, integrity and effectiveness of the profession.
performing this duty, a lawyer shall maintain
independence, act with integrity, and at all times ensure
the efficient and effective delivery of justice. (2a)
SECTION 2. Merit-based practice. — A lawyer shall rely Canon 13 - A lawyer shall rely upon the merits of his cause and
solely on the merits of a cause and not exert, or give the refrain from any impropriety which tends to influence, or gives the
appearance of, any influence on, nor undermine the appearance of influencing the court.
authority of, the court, tribunal or other government
agency, or its proceedings. (13a)
SECTION 3. Freedom from improper considerations and
external influences. — A lawyer shall not, in advocating a
client’s cause, be influenced by dishonest or immoral
considerations, external influences, or pressure. (n)
SECTION 4. Non-interference by a lawyer. — Unless Rule 13.03 - A lawyer shall not brook or invite interference by

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authorized by law or a court, a lawyer shall not assist or another branch or agency of the government in the normal course
cause a branch, agency, office or officer of the of judicial proceedings.

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government to interfere in any matter before any court,
tribunal, or other government agency. (13.03a)

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SECTION 5. Lawyer’s duty and discretion in procedure. — Rule 19.03 - A lawyer shall not allow his client to dictate the

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A lawyer shall not allow the client to dictate or determine procedure in handling the case.
the procedure in handling the case. (19.03a)

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Nevertheless, a lawyer shall respect the client’s decision
to settle or compromise the case after explaining its
consequences to the client. (n)
CANON II or yo
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PROPRIETY
A lawyer shall, at all times, act with propriety and maintain
the appearance of propriety in personal and professional
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dealings, observe honesty, respect and courtesy, and

uphold the dignity of the legal profession consistent with
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the highest standards of ethical behavior. (n)

SECTION 1. Proper conduct. — A lawyer shall not engage Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
in unlawful, dishonest, immoral, or deceitful conduct. immoral or deceitful conduct.
(1.01)
SECTION 2. Dignified conduct. — A lawyer shall respect Canon 8 - A lawyer shall conduct himself with courtesy, fairness
the law, the courts, tribunals, and other government and candor towards his professional colleagues, and shall avoid
agencies, their officials, employees, and processes, and harassing tactics against opposing counsel.
act with courtesy, civility, fairness, and candor towards
fellow members of the bar. (8a)

A lawyer shall not engage in conduct that adversely Rule 7.03 - A lawyer shall not engage in conduct that adversely
reflects on one’s fitness to practice law, nor behave in a reflects on his fitness to practice law, nor shall he, whether in
scandalous manner, whether in public or private life, to public or private life, behave in a scandalous manner to the
the discredit of the legal profession. (7.03a) discredit of the legal profession.
SECTION 3. Safe environment; avoid all forms of abuse or
harassment. — A lawyer shall not create or promote an
unsafe or hostile environment, both in private and public
settings, whether online, in workplaces, educational or *Sec. 2 of the Safe Spaces Act, Republic Act No. 11313; xxx The State
training institutions, or in recreational areas. * also recognizes that both men and women must have equality, security
and safety not only in private, but also on the streets, public spaces,
online, workplaces and educational and training institutions.

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To this end, a lawyer shall not commit any form of
physical, sexual, psychological, or economic abuse or
violence against another person. A lawyer is also
prohibited from engaging in any gender-based
harassment or discrimination. (n)
SECTION 4. Use of dignified, gender-fair, and child- and Rule 8.01 - A lawyer shall not, in his professional dealings, use
culturally-sensitive language. — A lawyer shall use only language which is abusive, offensive or otherwise improper.
dignified, gender-fair, child- and culturally-sensitive
language in all personal and professional dealings. Rule 11.03 - A lawyer shall abstain from scandalous, offensive or
menacing language or behavior before the Courts.
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. (8.01a, 11.03a)
SECTION 5. Observance of fairness and obedience. — A Rule 15.07. - A lawyer shall impress upon his client compliance

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lawyer shall, in every personal and professional with the laws and the principles of fairness. See also Rule 1.02 - A
engagement, insist on the observance of the principles of lawyer shall not counsel or abet activities aimed at defiance of the law

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fairness and obedience to the law. (15.07a) or at lessening confidence in the legal system.
SECTION 6. Harassing or threatening conduct. — A lawyer (Canon 8 on harassing tactics against opposing counsel)

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shall not harass or threaten a fellow lawyer, the latter’s (Rule 12.07 on harassing a witness)

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client or principal, a witness, or any official or employee of
a court, tribunal, or other government agency. (n)
SECTION 7. Formal decorum and appearance. — A lawyer Rule 11.01 - A lawyer shall appear in court properly attired.

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shall observe formal decorum before all courts, tribunals,
and other government agencies. (11.01a)

A lawyer’s attire shall be consistent with the dignity of the or yo

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court, tribunal or other government agency, with due
respect to the person’s sexual orientation, gender
identity, and gender expression. (n)
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SECTION 8. Prohibition against misleading the court, Rule 10.02 - A lawyer shall not knowingly misquote or
tribunal, or other government agency. — A lawyer shall misrepresent the contents of a paper, the language or the
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not misquote, misrepresent, or mislead the court as to the argument of opposing counsel, or the text of a decision or
existence or the contents of any document, argument, authority, or knowingly cite as law a provision already rendered
evidence, law, or other legal authority, or pass off as one’s inoperative by repeal or amendment, or assert as a fact that which
own the ideas or words of another, or assert as a fact that has not been proved.
which has not been proven. (10.02a)
SECTION 9. Obstructing access to evidence or altering,
destroying, or concealing evidence. — A lawyer shall not
obstruct another lawyer’s access to evidence during trial,
including testimonial evidence, or alter, destroy, or
conceal evidence. (n)
SECTION 10. Conduct in the presentation of a witness. — Rule 12.05 - A lawyer shall refrain from talking to his witness
A lawyer shall avoid all forms of impropriety when during a break or recess in the trial, while the witness is still under
presenting or confronting a witness. (12.05a) examination.

A lawyer shall not coach, abuse, discriminate against, or Rule 12.06 - A lawyer shall not knowingly assist a witness to
harass any witness, in or out of the court, tribunal, or misrepresent himself or to impersonate another.
other government agency, or talk to a witness during a
break or recess in the trial, while a witness is still under Rule 12.07 - A lawyer shall not abuse, browbeat or harass a
examination. Neither shall a lawyer direct, assist, or abet witness nor needlessly inconvenience him.
any misrepresentation or falsehood by a witness. (12.07a,
12.06a)

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SECTION 11. False representations or statements; duty to *But see Rule 7.01 - A lawyer shall be answerable for knowingly making
correct. — A lawyer shall not make false representations a false statement or suppressing a material fact in connection with his
or statements.* A lawyer shall be liable for any material application for admission to the bar.
Rule 7.02 - A lawyer shall not support the application for admission to
damage caused by such false representations or the bar of any person known by him to be unqualified in respect to
statements. character, education, or other relevant attribute.

A lawyer shall not, in demand letters or other similar

correspondence, make false representations or
statements, or impute civil, criminal, or administrative
liability, 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

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known to him or her. (n)

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SECTION 12. Duty to report dishonest, deceitful or
misleading conduct. — A lawyer shall immediately inform
a court, tribunal, or other government agency of any

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dishonest, deceitful or misleading conduct related to a

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matter being handled by said lawyer before such court,

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tribunal, or other government agency.

A lawyer shall also report to the appropriate authority any

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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.
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When disclosing or reporting the foregoing information to
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the appropriate court, tribunal, or other government

agency, the lawyer shall not be deemed to have violated
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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. (n)
SECTION 13. Imputation of a misconduct, impropriety, or
crime without basis. — A lawyer shall not, directly or
indirectly, impute to or accuse another lawyer of a
misconduct, impropriety, or a crime in the absence of
factual or legal basis.

Neither shall a lawyer, directly or indirectly, file or cause

to be filed, or assist in the filing of frivolous or baseless
administrative, civil, or criminal complaints against
another lawyer. (n)
SECTION 14. Remedy for grievances; insinuation of Rule 11.04 - A lawyer shall not attribute to a Judge motives not
improper motive. — A lawyer shall submit grievances supported by the record or have no materiality to the case.
against any officer of a court, tribunal, or other
government agency only through the appropriate remedy Rule 11.05 - A lawyer shall submit grievances against a Judge to
and before the proper authorities. (11.04a, 11.05a) the proper authorities only.
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Statements insinuating improper motive on the part of
any such officer, which are not supported by substantial
evidence, shall be ground for disciplinary action. (n)
SECTION 15. Improper claim of influence or familiarity. — Rule 13.01 - A lawyer shall not extend extraordinary attention or
A lawyer shall observe propriety in all dealings with hospitality to, nor seek opportunity for cultivating familiarity with
officers and personnel of any court, tribunal, or other Judges.
government agency, whether personal or professional.
Familiarity with such officers and personnel that will give
rise to an appearance of impropriety, influence, or favor
shall be avoided. (13.01a)

A lawyer shall not make claims of power, influence, or See also Rule 15.06. A lawyer shall not state nor imply that he is
relationship with any officer of a court, tribunal, or other able to influence any public official, tribunal or legislative body.
government agency. (n)
SECTION 16. Duty to report life-threatening situations. —

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A lawyer who has reasonable grounds to believe that a
life-threatening situation is likely to develop in relation to

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any proceeding in any court, tribunal, or other
government agency shall immediately report the same to

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the proper authorities. (n)

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SECTION 17. Non-solicitation and impermissible Rule 2.03 - A lawyer shall not do or permit to be done any act
advertisement. — A lawyer shall not, directly or indirectly, designed primarily to solicit legal business.
solicit, or appear to solicit, legal business. (2.03a)

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A lawyer shall not, directly or indirectly, advertise legal *See also Rule 3.01 - A lawyer shall not use or permit the use of any

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services on any platform or media except with the use of false, fraudulent, misleading, deceptive, undignified, self-laudatory or
dignified, verifiable, and factual information, including unfair statement or claim regarding his qualifications or legal services.
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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
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permissible advertisement be self-laudatory. (n) *

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A lawyer, law firm, or any of their representatives shall not

pay or give any benefit or consideration to any media Rule 3.04 - A lawyer shall not pay or give anything of value to
practitioner, award-giving body, professional representatives of the mass media in anticipation of, or in return
organization, or personality, in anticipation of, or in return for, publicity to attract legal business.
for, publicity or recognition, to attract legal
representation, service, or retainership. (3.04a)
SECTION 18. Prohibition against self-promotion. — A
lawyer shall not make public appearances and statements
in relation to a terminated case or legal matter for the
purpose of self-promotion, self- aggrandizement, or to
seek public sympathy. (n)
SECTION 19. Sub-judice rule. — A lawyer shall not use any Rule 13.02 - A lawyer shall not make public statements in the
forum or medium to comment or publicize opinion media regarding a pending case tending to arouse public opinion
pertaining to a pending proceeding before any court, for or against a party.
tribunal, or other government agency that may:
(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

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(c) impute improper motives against any of its members,
or
(d) create a widespread perception of guilt or innocence
before a final decision. (13.02a)
SECTION 20. Disclosure of relationship or connection. — A
lawyer shall, at the first available opportunity, formally
disclose on record the lawyer’s relationship or connection
with the presiding officer of any court, tribunal, or other
government agency, or any of its personnel, or the
lawyer’s partners, associates, or clients, that may serve as
a ground for mandatory inhibition in any pending
proceeding before such court, tribunal, or other
government agency. (n)
SECTION 21. Prohibition against gift-giving and donations.
— A lawyer shall not directly or indirectly give gifts,
donations, contributions of any value or sort, on any

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occasion, to any court, tribunal or government agency, or

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any of its officers and personnel.
SECTION 22. No undue advantage of ignorance of the law.
— A lawyer shall not take advantage of a non-lawyer’s lack

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of education or knowledge of the law. (n)

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SECTION 23. Instituting multiple cases; forum shopping. — Rule 12.02 - A lawyer shall not file multiple actions arising from

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A lawyer shall not knowingly engage or through gross the same cause.
negligence in forum shopping, which offends against the
administration of justice, and is a falsehood foisted upon

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the court, tribunal, or other government agency. (12.02a)

A lawyer shall not institute or advise the client to institute fo yo

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multiple cases to gain leverage in a case, to harass a party,
to delay the proceedings, or to increase the cost of
litigation. (n)
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SECTION 24. Encroaching or interfering in another Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon
lawyer’s engagement; exception. — A lawyer shall not, the professional employment of another lawyer, however, it is the
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directly or indirectly, encroach upon or interfere in the right of any lawyer, without fear or favor, to give proper advice
professional engagement of another lawyer. and assistance to those seeking relief against unfaithful or
This includes a lawyer’s attempt to communicate, neglectful counsel.
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. (8.02a)
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. (n)
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.

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In the choice of a firm name, no false, misleading, or Rule 3.02 - In the choice of a firm name, no false, misleading or
assumed name shall be used. The continued use of the assumed name shall be used. The continued use of the name of a
name of a deceased, incapacitated, or retired partner is deceased partner is permissible provided that the firm indicates
permissible provided that the firm indicates in all its in all its communications that said partner is deceased.
communications that said partner is deceased,
incapacitated, or retired. (3.02a)
SECTION 27. Partner who assumes public office. — When Rule 3.03 - Where a partner accepts public office, he shall
a partner assumes public office, such partner shall withdraw from the firm and his name shall be dropped from the
withdraw from the firm and such partner’s name shall be firm name unless the law allows him to practice law currently.
removed from the firm name, unless allowed by law to
practice concurrently. (3.03a)
SECTION 28. Dignified government service. — Lawyers in Canon 6 - These canons shall apply to lawyers in government
government service shall observe the standard of conduct services in the discharge of their tasks.
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

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duties.
Any violation of the CPRA by lawyers in government

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service shall be subject to disciplinary action, separate and
distinct from liability under pertinent laws or rules. (6a)

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SECTION 29. Lawyers formerly in government service. — A

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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

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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 or yo
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they previously served within the same period. (n)

After leaving government service, a lawyer shall not Rule 6.03 - A lawyer shall not, after leaving government service,
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accept an engagement which could improperly influence accept engagement or employment in connection with any
the outcome of the proceedings which the lawyer handled matter in which he had intervened while in said service.
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or intervened in, or over which the lawyer previously

exercised authority, while in said service. (6.03a)
SECTION 30. No financial interest in transactions; no gifts. Rule 6.02 - A lawyer in the government service shall not use his
— A lawyer in government shall not, directly or indirectly, public position to promote or advance his private interests, nor
promote or advance his or her private or financial interest allow the latter to interfere with his public duties.
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. (6.02a)
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. (n)
SECTION 31. Prosecution of criminal cases. — The primary Rule 6.01 - The primary duty of a lawyer engaged in public
duty of a public prosecutor is not to convict but to see that prosecution is not to convict but to see that justice is done. The
justice is done. suppression of facts or the concealment of witnesses capable of
Suppressing facts, concealing of, tampering with or establishing the innocence of the accused is highly reprehensible
destroying evidence, coaching a witness, or offering false and is cause for disciplinary action.
testimony is cause for disciplinary action.
The obligations of a public prosecutor shall also be
imposed upon lawyers in private practice who are

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authorized to prosecute under the direct supervision and
control of the public prosecutor. (6.01a)
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. (n)
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

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client which directly affects any student who is under his
or her direct supervision and guidance, the lawyer shall

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likewise disclose the same to the institution. (n)
SECTION 34. Paralegal services; lawyer’s responsibility. —

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A paralegal is one who performs tasks that require

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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

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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. or yo
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The lawyer’s duty of confidentiality shall also extend to
the services rendered by the paralegal, who is equally
bound to keep the privilege. (n)
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SECTION 35. Non-delegable legal tasks. — A lawyer shall Rule 9.01 - A lawyer shall not delegate to any unqualified person
not delegate to or permit a non-lawyer, including a the performance of any task which by law may only be performed
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paralegal, to: by a member of the bar in good standing.

(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. (9.01a)

These provisions shall not apply to law student

practitioners under Rule 138-A of the Rules of Court. (n)

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 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. (n)
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. (n)
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. (n)
SECTION 38. Non-posting of false or unverified
statements, disinformation. — A lawyer shall not
knowingly or maliciously post, share, upload or otherwise

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disseminate false or unverified statements, claims, or

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commit any other act of disinformation. (n)
SECTION 39. Prohibition against fraudulent accounts. — A
lawyer shall not create, maintain or operate accounts in

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social media to hide his or her identity for the purpose of

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circumventing the law or the provisions of the CPRA. (n)

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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

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information obtained from a client or in the course of, or
emanating from, the representation, except when
allowed by law or the CPRA. (n) fo yo
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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
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confidences and information, shall exert efforts to

prevent the inadvertent or unauthorized disclosure or use
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of, or unauthorized access to, such an account. (n)

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. (n)
SECTION 43. Legal information; legal advice. — Pursuant *See Canon III, Sec. 35 on Limited Legal Service
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. (n)*
SECTION 44. Online posts that could violate conflict of
interest. — A lawyer shall exercise prudence in making
posts or comments in social media that could violate the
provisions on conflict of interest under the CPRA. (n)

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 CANON III
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. (n)
SECTION 1. Practice of law. — The practice of law is the
rendition of legal service 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 Code
of Professional Responsibility and Accountability for
lawyers. It includes employment in the public service or

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private sector and requires membership in the Philippine
bar as qualification. (n)

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SECTION 2. The responsible and accountable lawyer. — A Canon 1 - A lawyer shall uphold the constitution, obey the laws of
lawyer shall uphold the constitution, obey the laws of the the land and promote respect for law and legal processes.

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land, promote respect for laws and legal processes,

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safeguard human rights, and at all times advance the Canon 12 - A lawyer shall exert every effort and consider it his duty
honor and integrity of the legal profession. (1a) to assist in the speedy and efficient administration of justice.

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As an officer of the court, a lawyer shall uphold the rule of Canon 17 - A lawyer owes fidelity to the cause of his client and he
law and conscientiously assist in the speedy and efficient shall be mindful of the trust and confidence reposed in him.

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administration of justice. (12a)
Canon 19 - A lawyer shall represent his client with zeal within the
As an advocate, a lawyer shall represent the client with bounds of the law.
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fidelity and zeal within the bounds of the law and the
CPRA. (17a, 19a)
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SECTION 3. Lawyer-client relationship. – A lawyer-client

relationship is of the highest fiduciary character. As a trust
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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 his or her confidence for the purpose
of legal advice or representation, which shall include both
court and non-court legal services, and the lawyer agrees
to render such services. (n)
SECTION 4. Authority of lawyer to bind client. — A lawyer Rule 138. Sec. 23. Authority of attorneys to bind clients. –
can bind a client in a legal engagement only when so Attorneys have authority to bind their clients in any case by any
authorized through a written agreement. The lawyer, agreement in relation thereto made in writing, and in taking
however, cannot compromise a client’s litigation, or appeals, and in all matters of ordinary judicial procedure. But they
receive anything in discharge of a client’s claim, without a cannot, without special authority, compromise their client’s
special power of attorney for such purpose. (138.23a) litigation, or receive anything in discharge of client’s claim but the
full amount in cash.
SECTION 5. Authority of lawyer to appear. — A lawyer is Section 21. Authority of attorney to appear. — An attorney is
presumed to be properly authorized to represent any presumed to be properly authorized to represent any cause in
cause in which he or she appears, and no written power which he appears, and no written power of attorney is required to
of attorney is required to authorize him or her to appear authorize him to appear in court for his client, but the presiding
in court for the client. judge may, on motion of either party and on reasonable grounds
therefor being shown, require any attorney who assumes the right

attyjgcpa 10
The court, tribunal, or other government agency may, on to appear in a case to produce or prove the authority under which
its own initiative or on motion of either party, on just he appears, and to disclose, whenever pertinent to any issue, the
cause, require a lawyer to produce or prove the authority name of the person who employed him, and may thereupon make
to appear on behalf of the client. (R138.21a) such order as justice requires. An attorney willfully appearing in
court for a person without being employed, unless by leave of the
court, may be punished for contempt as an officer of the court
who has misbehaved in his official transactions.
SECTION 6. Fiduciary duty of a lawyer. — A lawyer shall be Canon 17 - A lawyer owes fidelity to the cause of his client and he
mindful of the trust and confidence reposed by the client. shall be mindful of the trust and confidence reposed in him.
(17a)
To this end, a lawyer shall not abuse or exploit the
relationship with a client. (n)
SECTION 7. Prohibition against frivolous suits and abuse of Rule 1.03 - A lawyer shall not, for any corrupt motive or interest,
court processes. — A lawyer shall not: encourage any suit or proceeding or delay any man's cause.
(a) file or encourage the filing of any suit or proceeding
not authorized by law or jurisprudence and without any

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evidentiary support;
(b) unduly impede the execution of an order or judgment

ut ri
which is warranted; or
(c) abuse court processes. (1.03a)

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n
SECTION 8. Lawyer’s duty to encourage settlement. — A Rule 1.04 - A lawyer shall encourage his clients to avoid, end or

st ow
lawyer shall encourage the client to avoid, end or settle a settle a controversy if it will admit of a fair settlement.
controversy, whether pending or not, in order to reach a
settlement or a compromise if the matter can be

di ur
compromised under the law and will admit of a fair
settlement.

To this end, the lawyer shall actively assist the parties and or yo
t f at
the court, tribunal, or other government agency to effect
mediation and/or dispute resolution. (1.04a)
SECTION 9. Duty to call client to rectify fraudulent act. — Rule 19.02 - A lawyer who has received information that his client
No se

A lawyer who receives information that a client has, in the has, in the course of the representation, perpetrated a fraud upon
course of the representation, perpetrated a fraud in a person or tribunal, shall promptly call upon the client to rectify
U

relation to any matter subject of the representation the same, and failing which he shall terminate the relationship
before a court, tribunal, or other government agency, or with such client in accordance with the Rules of Court.
against any officer thereof, shall promptly call upon the
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. (19.02a)
SECTION 10. Responsibility over a subordinate lawyer,
paralegal, 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. (n)
SECTION 11. Responsibility of a supervisory lawyer over a American Bar Association’s Model Rules of Professional Conduct
supervised lawyer. — A supervisory lawyer shall co-sign a (Hereafter, “ABA Model Rules”), Rule 5.1. Responsibilities of a Partner or
Supervisory Lawyer.
attyjgcpa 11
pleading or other submission to any court, tribunal, or Law Firms and Associations
other government agency with a supervised lawyer. A (a) A partner in a law firm, and a lawyer who individually or together
with other lawyers possesses comparable managerial authority in a law
supervisory lawyer shall be responsible for a violation of firm, shall make reasonable efforts to ensure that the firm has in effect
the CPRA by the supervised lawyer in any of the following measures giving reasonable assurance that all lawyers in the firm
instances: conform to the Rules of Professional Conduct.
(a) the supervisory lawyer orders or directs the specific
conduct or, with knowledge of the specific conduct, (b) A lawyer having direct supervisory authority over another lawyer
shall make reasonable efforts to ensure that the other lawyer conforms
ratifies it; or to the Rules of Professional Conduct.
(b) the supervisory lawyer knows of such conduct at a time
when it could be prevented or its consequences avoided (c) A lawyer shall be responsible for another lawyer's violation of the
or mitigated, but fails to take reasonable remedial action; Rules of Professional Conduct if:
(1) the lawyer orders or, with knowledge of the specific conduct,
or
ratifies the conduct involved; or
(c) the supervisory lawyer should have known of the (2) the lawyer is a partner or has comparable managerial authority
conduct so that reasonable remedial action could have in the law firm in which the other lawyer practices, or has direct
been taken at a time when the consequences of the supervisory authority over the other lawyer, and knows of the conduct
conduct could have been avoided or mitigated. (n) at a time when its consequences can be avoided or mitigated but fails to
take reasonable remedial action.

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A supervisory lawyer is a lawyer having direct supervisory See Rule 138-A, as amended, on duties of supervisory lawyers.

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authority over another lawyer, including a supervising
lawyer under Rule 138-A of the Rules of Court. (ABA 5.1;

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R138-A)

n
st ow
SECTION 12. Responsibilities of a supervised lawyer. — A
supervised lawyer acting under the direction of the
supervising lawyer, managing partner, or other partners

di ur
of the firm is nevertheless bound by the CPRA. (n)
SECTION 13. Conflict of interest. — A lawyer shall not Rule 15.03. - A lawyer shall not represent conflicting interests

or yo
represent conflicting interests except by written informed except by written consent of all concerned given after a full
consent of all concerned given after a full disclosure of the disclosure of the facts.
facts. (15.03)
t f at
There is conflict of interest when a lawyer represents
No se

inconsistent or opposing interests of two or more persons.

The test is whether in behalf of one client it is the lawyer’s
U

duty to fight for an issue or claim, but which is his or her

duty to oppose for the other client. (n)
SECTION 14. Prohibition against conflict- of-interest ABA Model Rules, Rule 1.8(a). A lawyer shall not enter into a business
representation; current clients. — In relation to current transaction with a client or knowingly acquire an ownership, possessory,
security or other pecuniary interest adverse to a client unless:
clients, the following rules shall be observed: (1) the transaction and terms on which the lawyer acquires the interest
(a) A lawyer shall not enter into a business transaction are fair and reasonable to the client and are fully disclosed and
with a client or knowingly acquire an ownership, transmitted in writing in a manner that can be reasonably understood
possessory, security, or other pecuniary interest adverse by the client;
(2) the client is advised in writing of the desirability of seeking and is
to a client unless:
given a reasonable opportunity to seek the advice of independent legal
(1) it is shown that the transaction and terms on which counsel on the transaction; and
the lawyer acquires the interest are fair and reasonable to (3) the client gives informed consent, in a writing signed by the client, to
the client and are fully disclosed and transmitted in writing the essential terms of the transaction and the lawyer’s role in the
in a manner that can be reasonably understood by the transaction, including whether the lawyer is representing the client in
the transaction.
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

attyjgcpa 12
representing the client in the transaction. (ABA Model
Rules, Rule 1.8(a))
Id., Rule 1.8(b). A lawyer shall not use information relating to
(b) A lawyer shall not use confidential information relating representation of a client to the disadvantage of the client unless the
to representation of a client without the client’s written client gives informed consent, except as permitted or required by these
informed consent, except as permitted or required by law Rules.
or the CPRA. (ABA Model Rules, Rule 1.8(b))
Id., Rule 1.8(c). A lawyer shall not solicit any substantial gift from a
(c) A lawyer shall not, by undue influence, acquire any client, including a testamentary gift, or prepare on behalf of a client an
substantial gift from a client, including a testamentary gift, instrument giving the lawyer or a person related to the lawyer any
or prepare on behalf of a client an instrument giving the substantial gift unless the lawyer or other recipient of the gift is related
lawyer such gift, directly or indirectly. (ABA Model Rules, to the client. For purposes of this paragraph, related persons include a
spouse, child, grandchild, parent, grandparent or other relative or
Rule 1.8(c)) individual with whom the lawyer or the client maintains a close, familial
relationship.
(d) Unless with the written informed consent of the client
and subject to the application of the sub judice rule, a Id., Rule 1.8(d). Prior to the conclusion of representation of a client, a

io sk
lawyer shall not make or negotiate an agreement giving lawyer shall not make or negotiate an agreement giving the lawyer
the lawyer literary or media rights to a portrayal or literary or media rights to a portrayal or account based in substantial
part on information relating to the representation.

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account based in substantial part on information relating
to the representation. (ABA Model Rules, Rule 1.8(d)) Id., Rule 1.8(f). A lawyer shall not accept compensation for representing

rib n
n
a client from one other than the client unless:

st ow
(e) A lawyer shall not accept compensation for (1) the client gives informed consent;
representing a client from any person other than the (2) there is no interference with the lawyer’s independence of
professional judgment or with the client-lawyer relationship; and
client, unless: (3) information relating to representation of a client is protected as

di ur
(1) the client gives written informed consent; required by Rule 1.6.
(2) there is no interference with the lawyer’s

or yo
independence or professional judgment or with the
lawyer-client relationship; or
(3) the information relating to representation of a
t f at
client is protected as required by the rule on privileged
communication. (ABA Model Rules, Rule 1.8(f))
No se

Id., Rule 1.8(g) A lawyer who represents two or more clients shall not
(f) A lawyer, who represents two or more clients in the participate in making an aggregate settlement of the claims of or against
U

same case, in case there is a settlement or plea- the clients, or in a criminal case an aggregated agreement as to guilty or
bargaining, shall disclose to all the clients the existence nolo contendere pleas, unless each client gives informed consent, in a
and nature of all the claims or pleas involved and the writing signed by the client. The lawyer’s disclosure shall include the
existence and nature of all the claims or pleas involved and of the
participation of each client in the settlement or plea- participation of each person in the settlement.
bargaining. (ABA Model Rules, Rule 1.8(g))
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client,
(g) A lawyer shall avoid testifying in behalf of the client, except:
except: (a) on formal matters, such as the mailing, authentication or
(1) on formal matters, such as the mailing, custody of an instrument, and the like; or
authentication or custody of an instrument, and the like; (b) on substantial matters, in cases where his testimony is
or essential to the ends of justice, in which event he must, during his
(2) on substantial matters, in cases where the testimony testimony, entrust the trial of the case to another counsel.
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. (12.08a) (n)
SECTION 15. Conflict of interest of a lawyer hired by a law
firm. — When a lawyer joins a law firm, it shall be the duty
of the lawyer to disclose to the law firm, at the earliest
possible opportunity, his or her previous clients that may
have a potential conflict of interest with the current
clients of the law firm. If there is a potential conflict of

attyjgcpa 13
interest, the lawyer shall not act on the case or cases of
the affected current client. (n)
SECTION 16. Prohibition against dating, romantic or
sexual 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. (n)
SECTION 17. Prohibition against conflict-of- interest Rule 15.01. - A lawyer, in conferring with a prospective client, shall
representation; prospective clients. — In relation to ascertain as soon as practicable whether the matter would involve
prospective clients, the following rules shall be observed: a conflict with another client or his own interest, and if so, shall
forthwith inform the prospective client.
(a) A lawyer shall, at the earliest opportunity, ascertain the
existence of any conflict of interest between a prospective
client and current clients, and immediately disclose the
same if found to exist. (15.01a)

io sk
In case of an objection by either the prospective or
current client, the lawyer shall not accept the new

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engagement.

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(b) A lawyer shall maintain the private confidences of a

n
st ow
prospective client even if no engagement materializes,
and shall not use any such information to further his or
her own interest, or the interest of any current client. (n)

di ur
SECTION 18. Prohibition against conflict- of-interest Canon 21 - A lawyer shall preserve the confidence and secrets of
representation; former clients. — In relation to former his client even after the attorney-client relation is terminated.
clients, the following rules shall be observed:
or yo
t f at
(a) A lawyer shall maintain the private confidences of a
former client even after the termination of the
engagement, except upon the written informed consent
No se

of the former client, or as otherwise allowed under the

CPRA or other applicable laws or regulations, or when the
U

information has become generally known. (21a)

ABA Model Rules, Rule 1.9(c). A lawyer who has formerly represented a
(b) A lawyer shall not use information relating to the
client in a matter or whose present or former firm has formerly
former representation, except as the CPRA or applicable represented a client in a matter shall not thereafter:
laws and regulations would permit or require with respect (1) use information relating to the representation to the disadvantage of
to a current or prospective client, or when the information the former client except as these Rules would permit or require with
has become generally known. (ABA Model Rules, Rule respect to a client, or when the information has become generally
known; or
1.9(c))
(2) reveal information relating to the representation except as these
Rules would permit or require with respect to a client.
(c) Unless the former client gives written informed
consent, a lawyer who has represented such client in a Id, Rule 1.9(a). A lawyer who has formerly represented
legal matter shall not thereafter represent a prospective a client in a matter shall not thereafter represent another person in the
same or a substantially related matter in which that person’s interests
client in the same or related legal matter, where the are materially adverse to the interests of the former client unless the
prospective client’s interests are materially adverse to the former client gives informed consent, confirmed in writing.
former client’s interests. (ABA Model Rules, Rule 1.9(a))
(n)
SECTION 19. Corporate lawyers; conflict of interest. — In ABA Model Rules, Rule 1.7, Comment, (available at https://www.
relation to organizational clients, a lawyer who represents americanbar.org/groups/professional_responsibility/publications/
model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_
a corporation or any organization does not, by virtue of current_clients/comment_on_rule_1_7/ (last accessed 6 March 2022).
such representation, necessarily represent any Organizational Clients
constituent or affiliated organization, such as a parent or A lawyer who represents a corporation or other organization does not,
subsidiary. (ABA Model Rules, Rule 1.7 Comment) by virtue of that representation, necessarily represent any constituent
or affiliated organization, such as a parent or subsidiary.
attyjgcpa 14
 Thus, the lawyer for an organization is not barred from accepting
A lawyer for a corporation or other organization, who is representation adverse to an affiliate in an unrelated matter, unless the
circumstances are such that the affiliate should also be considered a
also a member of its board of directors or trustees, shall client of the lawyer, there is an understanding between the lawyer and
determine whether the responsibilities of the two roles the organizational client that the lawyer will avoid representation
may conflict. In the event of the latter, the lawyer shall adverse to the client’s affiliates, or the lawyer’s obligations to either the
disclose the conflict of interest to all concerned parties. organizational client or the new client are likely to limit materially the
(ABA Model Rules, Rule 1.9 Comment) (n) lawyer’s representation of the other client.

Id., A lawyer for a corporation or other organization who is also a

member of its board of directors should determine whether the
responsibilities of the two roles may conflict. The lawyer may be called
on to advise the corporation in matters involving actions of the directors.
Consideration should be given to the frequency with which such
situations may arise, the potential intensity of the conflict, the effect of
the lawyer’s resignation from the board and the possibility of the
corporation’s obtaining legal advice from another lawyer in such
situations. If there is material risk that the dual role will compromise the
lawyer’s independence of professional judgment, the lawyer should not
serve as a director or should cease to act as the corporation’s lawyer

io sk
when conflicts of interest arise. The lawyer should advise the other
members of the board that in some circumstances matters discussed at

ut ri
board meetings while the lawyer is present in the capacity of director
might not be protected by the attorney-client privilege and that conflict-

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of-interest considerations might require the lawyer’s recusal as a

n
director or might require the lawyer and the lawyer’s firm to decline

st ow
representation of the corporation in a matter.
SECTION 20. Legal services organization; conflict of
interest. — A legal services organization is any private

di ur
organization, including a legal aid clinic, partnership,
association, or corporation, whose primary purpose is to
provide free legal services.
or yo
t f at
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
No se

organization who participated in the handling of a legal

matter shall be covered by the rule on conflict of interest
U

and confidentiality. (n)

SECTION 21. Lawyers in government service; conflict of
interest. — A lawyer currently serving in the government
shall not practice law privately, unless otherwise
authorized by the Constitution, the law or applicable Civil
Service rules and regulations. If allowed, private practice
shall be upon the express authority of the lawyer’s
superior, for a stated specified purpose or engagement,
and only during an approved leave of absence. However,
the lawyer shall not represent an interest adverse to the
government. (n)
SECTION 22. Public Attorney’s Office; conflict of interest.
— The Public Attorney’s Office is the 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.

attyjgcpa 15
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. (n)
SECTION 23. Amicus curiae. — A lawyer shall not decline, Rule 14.02 - A lawyer shall not decline, except for serious and
without just cause, a request by any court, tribunal, or sufficient cause, an appointment as counsel de officio or
other government agency to act as amicus curiae in any as amicus curiae, or a request from the Integrated Bar of the
proceeding relating to the lawyer’s expertise or field of Philippines or any of its chapters for rendition of free legal aid.
specialization. (14.02a)
Cf. RULES OF COURT, rule 138, sec. 36. Amicus Curiae. — Experienced
and impartial attorneys may be invited by the Court to appear as amici
curiae to help in the disposition of issues submitted to it.
SECTION 24. Active involvement in legal education. — A Canon 5 - A lawyer shall keep abreast of legal developments,

io sk
lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support
participate in continuing legal education programs, and efforts to achieve high standards in law schools as well as in the

ut ri
support efforts to achieve standards of excellence in law practical training of law students and assist in disseminating the
schools as well as in the practical training of law students. law and jurisprudence.

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n
st ow
In addition, a lawyer shall assist the Integrated Bar of the
Philippines (IBP), law schools, law alumni associations, law
associations, or civic organizations, in educating the public

di ur
on the law and jurisprudence. (5a)

The IBP Chapters shall provide supervising lawyers to the

legal aid clinics in their jurisdiction. (n) or yo
t f at
SECTION 25. Support for legal internship, apprenticeship Canon 5
and training. — To prepare the next generation of lawyers
No se

for ethical practice, lawyers shall support legal internship

and apprenticeship programs and accept law students for
U

training.

The lawyer shall treat the apprentices as junior colleagues

and future counsels, and shall conscientiously supervise
them. (n)
SECTION 26. Prompt payment of membership dues. — A
lawyer shall promptly pay the annual membership dues in
the IBP, unless expressly exempt from such payment by
law or rules. (n)
SECTION 27. Confidentiality of privileged communication. Canon 21 - A lawyer shall preserve the confidence and secrets of
— A lawyer shall maintain the confidences of the client, his client even after the attorney-client relation is terminated.
and shall respect data privacy laws. The duty of
confidentiality shall continue even after the termination
of the lawyer- client engagement. (21a)
SECTION 28. Protecting client confidences. — A lawyer Rule 21.03 - A lawyer shall not, without the written consent of his
shall not reveal the confidences of the client, including client, give information from his files to an outside agency seeking
data from the client’s files, except; such information for auditing, statistical, bookkeeping,
(a) When a written informed consent is obtained from the accounting, data processing, or any similar purpose.
client; (21.03a) Also Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use
(b) When required by law, such as anti-money laundering information acquired in the course of employment, nor shall he use the
statutes, or the Rules of Court; same to his own advantage or that of a third person, unless the client
with full knowledge of the circumstances consents thereto.
(c) To the extent necessary, to collect the lawyer’s fees;
attyjgcpa 16
(d) In defense of the lawyer, or the lawyer’s employees or Rule 21.01 - A lawyer shall not reveal the confidences or secrets
associates; or of his client except;
(e) By judicial order, but only if material. (21.01a) (a) When authorized by the client after acquainting him of the
consequences of the disclosure;
(b) When 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 lawyers of a
law firm. — A lawyer shall continue to be bound by the
rule on confidentiality pertaining to clients of his or her
previous law office or law firm. (n)
SECTION 30. Duty of confidentiality of members of a law Rule 21.04 - A lawyer may disclose the affairs of a client of the firm
firm. — A lawyer may disclose the legal matters entrusted to partners or associates thereof unless prohibited by the client.
by a client of the firm to the partners and associates, as
well as paralegals, legal assistants, law clerks, legal
researchers, law interns, and other non-legal staff, who

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are or will be involved in the handling of the client’s
account, unless expressly prohibited by the client.

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(21.04a)
A lawyer directly entrusted with a client’s confidences Rule 21.05 - A lawyer shall adopt such measures as may be

rib n
shall adopt necessary measures to prevent other required to prevent those whose services are utilized by him, from

n
st ow
members of the law firm, both legal and non-legal, to disclosing or using confidences or secrets of the clients.
whom the client’s confidences have been shared, from
disclosing or using them, without the written informed

di ur
consent of the client. (21.05a)
SECTION 31. Prohibition against filial disclosure. — A Rule 21.06 - A lawyer shall avoid indiscreet conversation about a

or yo
lawyer shall not discuss a client’s confidences even with client's affairs even with members of his family.
family members. (21.06a)
t f at
SECTION 32. Non-disclosure of legal consultation. — A Rule 21.07 - A lawyer shall not reveal that he has been consulted
lawyer shall not reveal that he or she has been consulted about a particular case except to avoid possible conflict of
about a particular case except to avoid possible conflict of interest.
No se

interest. (21.07a)
SECTION 33. Foreign lawyers. — Foreign lawyers cannot,
U

directly or indirectly, practice law in the Philippines. (n)

SECTION 34. Active participation in the development of the Canon 4 - A lawyer shall participate in the development of the
legal profession. — A lawyer shall participate in the legal system by initiating or supporting efforts in law reform and
development of the legal system by initiating or in the improvement of the administration of justice.
supporting efforts in law reform, the improvement of the
administration of justice, strengthening the judicial and
legal system, and advocacies in areas of special concern
such as the environment, indigenous peoples’ rights,
human rights, access to justice and good governance. (4a)
SECTION 35. Limited Legal Services. — Limited Legal Federation of Law Societies of Canada, Model of Professional
Services refer to services for a specific legal incident, with Conduct (hereafter, “Canada Rules”), Rule 3.4-2A. In rules 3.4-2B to
the expectation by the lawyer and the client that the 3.4-2D “Short-term summary legal services” means advice or
representation to a client under the auspices of a pro bono or not-
lawyer will not provide continuing legal services in the for-profit legal services provider with the expectation by the lawyer
matter. This includes being appointed as counsel de officio and the client that the lawyer will not provide continuing legal
only for arraignment purposes or special appearances to services in the matter.
make any court submission, to give advice, to draft legal
documents, to provide legal assistance before courts or
administrative bodies, and the like. (Canada Rules, Rule
3.4-2A)
In all instances, the lawyer shall state that the service
being rendered is in the nature of Limited Legal Services.

attyjgcpa 17
A lawyer who renders Limited Legal Services shall be
entitled to compensation as may be agreed upon or
provided by the Rules of Court. (n)
SECTION 36. Pro bono Limited Legal Services. — A lawyer
appointed by the court as counsel de officio shall not
refuse to render Limited Legal Services pro bono on the
ground of conflict of interest. Instead, the lawyer shall
disclose to all affected parties such conflict of interest. (n)

In any case, the lawyer may not refuse to render such pro Rule 2.02 - In such cases, even if the lawyer does not accept a case,
bono legal services to the person concerned if only to the he shall not refuse to render legal advice to the person concerned
extent necessary to safeguard the latter’s fundamental if only to the extent necessary to safeguard the latter's rights.
rights and not to deprive such person of remedies Cf. RULES OF COURT, rule 138, sec. 31. Attorneys for destitute litigants. — A
available under the law or rules. (2.02a) court may assign an attorney to render professional aid free of charge to
any party in a case, if upon investigation it appears that the party is
destitute and unable to employ an attorney, and that the services of

io sk
A lawyer currently serving in the government shall not be counsel are necessary to secure the ends of justice and to protect the
exempt from pro bono service and may be appointed by rights of the party. It shall be the duty of the attorney so assigned to

ut ri
any court, tribunal, or other government agency as render the required service, unless he is excused therefrom by the court
for sufficient cause shown.
counsel de officio, unless prohibited by law, or the

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applicable Civil Service rules and regulations, or when

n
See also Rule 14.02.

st ow
there is a conflict of interest with government. (n)
SECTION 37. Duty of confidentiality in Limited Legal Canada Rules, Rule 3.4-2D. A lawyer who provides short-term
Services. — A lawyer who provides Limited Legal Services summary legal services must take reasonable measures to ensure

di ur
must protect the client’s private confidences to the same that no disclosure of the client’s confidential information is made to
another lawyer in the lawyer’s firm.
extent as if engaged under regular terms. (Canada Rules,

or yo
Rule 3.4-2D) (n)
SECTION 38. Termination of Limited Legal Services. — Canada Rules, Rule 3.4-2C. Except with consent of the clients as provided
in rule 3.4-2, a lawyer must not provide, or must cease providing short-
t f at
Unless governed by Canon III, Section 36, a lawyer must
term summary legal services to a client where the lawyer knows or
cease to provide Limited Legal Services to a client when becomes aware that there is a conflict of interest.
the lawyer becomes aware that there may be an actual or
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potential conflict of interest, except with the written

informed consent of the client. (Canada Rules, Rule 3.4-
U

2C)
In all cases, the Limited Legal Services terminates upon the
completion of such services. (n)
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. (n)
SECTION 40. Accountability of legal clinic director and Canada Model, 6.2-2. A lawyer acting as a principal to a student must
supervising lawyer. — A law student clinic director and provide the student with meaningful training and exposure to and
involvement in work that will provide the student with knowledge and
supervising lawyer, under Rule 138-A of the Rules of Court experience of the practical aspects of the law, together with an
shall provide meaningful training to law students. They appreciation of the traditions and ethics of the profession.
shall assume responsibility for any work performed by the Commentary on 6.2-2:
law student while under their supervision and shall A principal or supervising lawyer is responsible for the actions of
comply with all the laws, rules, and guidelines pertaining students acting under his or her direction.
to Law Student Practice. (n) (Canada Model 6.2-2)
SECTION 41. Fair and reasonable fees. — A lawyer shall Canon 20 - A lawyer shall charge only fair and reasonable fees.
charge only fair and reasonable fees. (20)
Rule 20.01 - A lawyer shall be guided by the following factors in
Attorney’s fees shall be deemed fair and reasonable if determining his fees:
determined based on the following factors: (a) the time spent and the extent of the service rendered or
required;

attyjgcpa 18
(a) The time spent and the extent of the service rendered (b) the novelty and difficulty of the questions involved;
or required; (c) The importance of the subject matter;
(b) The novelty and difficulty of the issues (d) The skill demanded;
involved; (e) The probability of losing other employment as a result of
(c) The skill or expertise of the lawyer, including the level acceptance of the proffered case;
of study and experience required for the engagement; (f) The customary charges for similar services and the schedule of
(d) The probability of losing other engagements as a result fees of the IBP chapter to which he belongs;
of acceptance of the case; (g) The amount involved in the controversy and the benefits
(e) The customary charges for similar services and the resulting to the client from the service;
recommended schedule of fees, which the IBP chapter (h) The contingency or certainty of compensation;
shall provide; * (i) The character of the employment, whether occasional or
(f) The quantitative or qualitative value of the client’s established; and
interest in the engagement, or the benefits resulting to (j) The professional standing of the lawyer.
the client from the service;
(g) The contingency or certainty of compensation; Cf. RULES OF COURT, rule 138, sec. Compensation of attorneys; agreement as
(h) The character of the engagement, whether limited, to fees. — An attorney shall be entitled to have and recover from his
client no more than a reasonable compensation for his services, with a

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seasonal, or otherwise; and view to the importance of the subject matter of the controversy, the
(i) Other analogous factors. (20.01a) extent of the services rendered, and the professional standing of the

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attorney. No court shall be bound by the opinion of attorneys as expert
witnesses as to the proper compensation but may disregard such

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testimony and base its conclusion on its own professional knowledge. A

n
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written contract for services shall control the amount to be paid therefor
unless found by the court to be unconscionable or unreasonable.

*See Rule 2.04 - A lawyer shall not charge rates lower than those

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customarily prescribed unless the circumstances so warrant.
SECTION 42. Division of fees upon referral. — A lawyer Rule 20.02 - A lawyer shall, in case of referral, with the consent

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shall, in case of referral of legal services in favor of another of the client, be entitled to a division of fees in proportion to the
lawyer with the written informed consent of the client, be work performed and responsibility assumed.
entitled to a division of fees in proportion to the work
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performed and responsibility assumed. (20.02a)
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee
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Where a lawyer undertakes to complete unfinished legal for legal services with persons not licensed to practice law,
business of a deceased lawyer, a division or sharing of fees except: (a) Where there is a pre-existing agreement with a partner or
U

is allowed with the deceased lawyer’s legal heirs or estate. associate that, upon the latter’s death, money shall be paid over a
(9.02(b)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 43. Non-Sharing of fees with non- lawyers. — A Id.
lawyer shall not share, split, or divide or stipulate to divide,
directly or indirectly, a fee for legal services with persons
or organizations not licensed or authorized to practice
law. (9.02a)
SECTION 44. Payment of compensation by third party. — Rule 20.03 - A lawyer shall not, without the full knowledge and
A lawyer shall not receive any fee, reward, costs, consent of the client, accept any fee, reward, costs, commission,
commission, interest, rebate or forwarding allowance or interest, rebate or forwarding allowance or other compensation
other compensation from anyone other than the client, whatsoever related to his professional employment from anyone
except upon the written informed consent of such client. other than the client.
(20.03a)
ABA Model Rules, rule 1.8 – Comment, available at https://www.
Receipt of compensation from someone other than the americanbar.org/groups/professional_responsibility/publications/
model_rules_of_professional_conduct/rule_1_8_current_clients_specific_
client must not interfere with the lawyer’s independence,

attyjgcpa 19
professional judgment, or the lawyer- client relationship. rules/comment_on_rule_1_8/. Last accessed 1 August 2022. Financial
Neither should information relating to representation of a Assistance
Lawyers may not subsidize lawsuits or administrative proceedings
client be disclosed in violation of the rule on privileged brought on behalf of their clients, including making or guaranteeing
communication. (ABA Model Rules, Rule 1.8 – Comment) loans to their clients for living expenses, because to do so would
encourage clients to pursue lawsuits that might not otherwise be
brought and because such assistance gives lawyers too great a financial
stake in the litigation. These dangers do not warrant a prohibition on a
lawyer lending a client court costs and litigation expenses, including the
expenses of medical examination and the costs of obtaining and
presenting evidence, because these advances are virtually
indistinguishable from contingent fees and help ensure access to the
courts. Similarly, an exception allowing lawyers representing indigent
clients to pay court costs and litigation expenses regardless of whether
these funds will be repaid is warranted.
SECTION 45. Prompt payment of legal fees. — A lawyer is
entitled to prompt payment from the client of attorney’s
fees.

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Absent an express agreement as to professional fees, a
lawyer is entitled to be paid reasonable attorney’s fees in

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accordance with Canon III, Section 41. (n)
SECTION 46. Controversy over legal fees. — A lawyer shall Rule 20.04 - A lawyer shall avoid controversies with clients

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n
avoid any controversy with a client concerning fees for concerning his compensation and shall resort to judicial action

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legal services and shall resort to judicial action solely to only to prevent imposition, injustice or fraud.
prevent imposition, injustice or fraud. (20.04a)
1
SECTION 47. Enforcement of attorney’s lien. — In case of See RULES OF COURT, rule 138, sec. 26. Change of attorneys. — An attorney

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non-payment of attorney’s fees, a lawyer may resort to may retire at any time from any action or special proceeding, by the
written consent of his client filed in court. He may also retire at any time

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the enforcement of the attorney’s lien under Canon III,
from an action or special proceeding, without the consent of his client,
Section 54,1 by filing a Notice of Enforcement of Attorney’s should the court, on notice to the client and attorney, and on hearing,
Lien with the court, tribunal, or other government agency determine that he ought to be allowed to retire. In case of substitution,
t f at
of origin where the action or proceeding the lawyer the name of the attorney newly employed shall be entered on the docket
rendered service for is pending, without prejudice to of the court in place of the former one, and written notice of the change
shall be given to the advance party.
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other remedies under the law or the Rules of Court. The

A client may at any time dismiss his attorney or substitute another in his
Notice shall be accompanied by proof of the services place, but if the contract between client and attorney has been reduced
U

rendered, and served on the client. The court, tribunal, or to writing and the dismissal of the attorney was without justifiable cause,
other government agency, after hearing, shall determine he shall be entitled to recover from the client the full compensation
the lawyer’s entitlement to the claimed fees. stipulated in the contract. However, the attorney may, in the discretion
of the court, intervene in the case to protect his rights. For the payment
of his compensation the attorney shall have a lien upon all judgments for
The enforcement of an attorney’s lien shall be treated as the payment of money, and executions issued in pursuance of such
an independent claim and shall in no instance delay the judgment, rendered in the case wherein his services had been retained
resolution of the main case. The resolution of the lawyer’s by the client.
claim may be included in the main judgment or in a
See also RULES OF COURT, rule 138, sec. 37. Attorneys’ liens. — An attorney
separate partial judgment. In the case of a partial shall have a lien upon the funds, documents and papers of his client
judgment, the same shall be subject of appeal. which have lawfully come into his possession and may retain the same
until his lawful fees and disbursements have been paid, and may apply
An appeal in the main case shall not stay the execution of such funds to the satisfaction thereof. He shall also have a lien to the
same extent upon all judgments for the payment of money, and
the lawyer’s lien. In the execution of the judgment in the
executions issued in pursuance of such judgments, which he has secured
main case, the court shall give due consideration to the in a litigation of his client, from and after the time when he shall have the
pending claim of the lawyer. caused a statement of his claim of such lien to be entered upon the
records of the court rendering such judgment, or issuing such execution,
If the claim for attorney’s lien arises after a decision has and shall have the caused written notice thereof to be delivered to his
client and to the adverse party; and he shall have the same right and
been rendered by the court, tribunal, or other power over such judgments and executions as his client would have to
government agency of origin on the action or proceeding, enforce his lien and secure the payment of his just fees and
the claim for the enforcement of the lien shall be by an disbursements.
independent action. (n)

attyjgcpa 20
SECTION 48. Compensation for counsel de officio. — ROC, Section 32. Compensation for attorneys de officio. — Subject
Subject to availability of funds as may be provided by law, to availability of funds as may be provided by the law the court
the court may, in its discretion, order a lawyer engaged as may, in its discretion, order an attorney employed as counsel de
counsel de officio to be compensated in such sum as the officio to be compensates in such sum as the court may fix in
court may fix following Canon III, Section 41, provided that accordance with section 24 of this rule. Whenever such
it is not covered by the provision on Limited Legal Services. compensation is allowed, it shall be not less than thirty pesos
(Rule 138.32a) (P30) in any case, nor more than the following amounts: (1) Fifty
pesos (P50) in light felonies; (2) One hundred pesos (P100) in less
grave felonies; (3) Two hundred pesos (P200) in grave felonies
other than capital offenses; (4) Five Hundred pesos (P500) in
capital offenses.
SECTION 49. Accounting during engagement. — A lawyer, Rule 16.01 - A lawyer shall account for all money or property
during the existence of the lawyer- client relationship, collected or received for or from the client.
shall account for and 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

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receipt. (16.01a)

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When funds are entrusted to a lawyer by a client for a
specific purpose, the lawyer shall use such funds only for

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the client’s declared purpose. Any unused amount of the

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entrusted funds shall be promptly returned to the client
upon accomplishment of the stated purpose or the
client’s demand. (n)

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SECTION 50. Separate funds. — A lawyer shall keep the Rule 16.02 - A lawyer shall keep the funds of each client separate
funds of the clients separate and apart from his or her own and apart from his own and those of others kept by him.

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and those of others kept by the lawyer. (16.02a)
SECTION 51. Prohibition against acquiring interest in ABA Model Rules, rule 1.8. (i) A lawyer shall not acquire a proprietary
interest in the cause of action or subject matter of litigation the lawyer is
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object of litigation or transaction. — A lawyer shall not
conducting for a client, except that the lawyer may:
acquire, directly or indirectly, a proprietary interest in the (1) acquire a lien authorized by law to secure the lawyer’s fee or
property or rights which is the object of any litigation or
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expenses; and
transaction in which the lawyer may take part by virtue of (2) contract with a client for a reasonable contingent fee in a civil case.
the profession. (ABA Model Rules, Rule 1.8(j)) (n)
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See also CIVIL CODE, art. 1491. The following persons cannot acquire by
purchase, even at a public or judicial auction, either in person or through
the mediation of another.
xxx
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior
courts, and other officers and employees connected with the
administration of justice, the property and rights in litigation or levied
upon on execution before the court within whose jurisdiction or
territory they exercise their respective functions; this prohibition
includes the act of acquiring by assignment and shall apply to lawyers,
with respect to the property and rights which may be the object of any
litigation in which they may take part by virtue of their profession.
SECTION 52. Prohibition on lending and borrowing; Rule 16.04 - A lawyer shall not borrow money from his client
exceptions. — During the existence of the lawyer-client unless the client's interests are fully protected by the nature of
relationship, a lawyer shall not lend money to a client, the case or by independent advice. Neither shall a lawyer lend
except under urgent and justifiable circumstances. money to a client except, when in the interest of justice, he has to
Advances for professional fees and necessary expenses in advance necessary expenses in a legal matter he is handling for
a legal matter the lawyer is handling for a client shall not the client.
be covered by this rule.

Neither shall a lawyer borrow money from a client during

the existence of the lawyer-client relationship, unless the
client’s interests are fully protected by the nature of the
case, or by independent advice. This rule does not apply
attyjgcpa 21
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. (16.04a)
SECTION 53. Termination of engagement by the lawyer. — Canon 22 - A lawyer shall withdraw his services only for good
A lawyer shall terminate the lawyer- client engagement cause and upon notice appropriate in the circumstances.
only for good cause and upon written notice, in any of the
following cases: Rule 22.01 - A lawyer may withdraw his services in any of the
(a) When the client pursues an illegal or immoral course following case:
of conduct in connection with the engagement; (a) When the client pursues an illegal or immoral course of
(b) When the client insists that the lawyer pursue conduct conduct in connection with the matter he is handling;
that is violative of these Canons and rules; (b) When the client insists that the lawyer pursue conduct
(c) When the lawyer’s inability to work with a co-counsel violative of these canons and rules;
will not promote the best interest of the client; (c) When his inability to work with co-counsel will not promote the
(d) When the moral predisposition or the mental or best interest of the client;

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physical condition of the lawyer renders it difficult to carry (d) When the mental or physical condition of the lawyer renders
out the engagement effectively; it difficult for him to carry out the employment effectively;

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(e) When the client deliberately fails to pay the fees for (e) When the client deliberately fails to pay the fees for the
the lawyer’s services, fails to comply with the retainer services or fails to comply with the retainer agreement;

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agreement, or can no longer be found despite diligent (f) When the lawyer is elected or appointed to public office; and

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efforts; (g) Other similar cases.
(f) When the lawyer is elected or appointed to public
office;

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(g) Other similar cases. (22a, 22.01a)
SECTION 54. Termination of engagement by the client. — R138, Section 24. Compensation of attorneys; agreement as to

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The lawyer-client engagement may be terminated by the fees. — An attorney shall be entitled to have and recover from his
client at any time upon loss of trust and confidence. (n) client no more than a reasonable compensation for his services,
with a view to the importance of the subject matter of the
t f at
The termination of the engagement shall not relieve the controversy, the extent of the services rendered, and the
client from full payment of all professional fees due to the professional standing of the attorney. No court shall be bound by
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lawyer. If the engagement has been reduced to writing, the opinion of attorneys as expert witnesses as to the proper
the lawyer shall be entitled to recover from the client the compensation, but may disregard such testimony and base its
U

full compensation stipulated, unless found by the court, conclusion on its own professional knowledge. A written contract
tribunal or other government agency to be for services shall control the amount to be paid therefor unless
unconscionable or unreasonable under Canon III, Section found by the court to be unconscionable or unreasonable.
41 of the CPRA. (R138.24a)
R138 Section 26. Change of attorneys. — An attorney may retire
For the payment of the compensation, the lawyer shall at any time from any action or special proceeding, by the written
have a charging lien upon all judgments for the payment consent of his client filed in court. He may also retire at any time
of money, and executions issued in pursuance of such from an action or special proceeding, without the consent of his
judgment, rendered in the case where the lawyer’s client, should the court, on notice to the client and attorney, and
services had been retained by the client. (R138.26a) (n) on hearing, determine that he ought to be allowed to retire. In
case of substitution, the name of the attorney newly employed
shall be entered on the docket of the court in place of the former
one, and written notice of the change shall be given to the
advance party.

A client may at any time dismiss his attorney or substitute

another in his place, but if the contract between client and
attorney has been reduced to writing and the dismissal of the
attorney was without justifiable cause, he shall be entitled to
recover from the client the full compensation stipulated in the
contract. However, the attorney may, in the discretion of the

attyjgcpa 22
 court, intervene in the case to protect his rights. For the
payment of his compensation the attorney shall have a lien upon
all judgments for the payment of money, and executions issued
in pursuance of such judgment, rendered in the case wherein his
services had been retained by the client.
SECTION 55. Termination of engagement upon death. —
The death of the lawyer or client shall terminate the
lawyer-client 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. (n)
SECTION 56. Accounting and turn over upon termination Rule 22.02 - A lawyer who withdraws or is discharged shall, subject
of engagement. — A lawyer who is discharged from or to a retainer lien, immediately turn over all papers and property
terminates the engagement shall, subject to an attorney’s to which the client is entitled, and shall cooperative with his
lien, immediately render a full account of and turn over all successor in the orderly transfer of the matter, including all
documents, evidence, funds, and properties belonging to information necessary for the proper handling of the matter.
the client.

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R138, Section 37. Attorneys' liens. — An attorney shall have a lien
The lawyer shall cooperate with the chosen successor in upon the funds, documents and papers of his client which have

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the orderly transfer of the legal matter, including all lawfully come into his possession and may retain the same until
information necessary for the efficient handling of the his lawful fees and disbursements have been paid, and may apply

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client’s representation. (22.02a) such funds to the satisfaction thereof. He shall also have a lien to

n
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the same extent upon all judgments for the payment of money,
A lawyer shall have a lien upon the funds, documents, and and executions issued in pursuance of such judgments, which he
papers of the client which have lawfully come into his or has secured in a litigation of his client, from and after the time

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her possession and may retain the same until the fair and when he shall have the caused a statement of his claim of such
reasonable fees and disbursements have been paid, and lien to be entered upon the records of the court rendering such

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may apply such funds to the satisfaction thereof. judgment, or issuing such execution, and shall have the caused
(R138.37a) written notice thereof to be delivered to his client and to the
adverse party; and he shall have the same right and power over
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such judgments and executions as his client would have to enforce
his lien and secure the payment of his just fees and
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disbursements.
CANON IV
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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. (n)
SECTION 1. Competent, efficient and conscientious Rule 18.02 - A lawyer shall not handle any legal matter without
service. — A lawyer shall provide legal service that is adequate preparation.
competent, efficient, and conscientious. A lawyer shall be
thorough in research, preparation, and application of the
legal knowledge and skills necessary for an engagement.
(18.02a)
SECTION 2. Undertaking legal services; collaborating Rules 18.01 - A lawyer shall not undertake a legal service which he
counsel. — A lawyer shall only undertake legal services he knows or should know that he is not qualified to render. However,
or she can deliver. he may render such service if, with the consent of his client, he
can obtain as collaborating counsel a lawyer who is competent on
With the prior written consent of the client, a lawyer may the matter.
secure the services of a collaborating counsel. (18.01a)

attyjgcpa 23
SECTION 3. Diligence and punctuality. — A lawyer shall Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to
diligently and seasonably act on any legal matter him, and his negligence in connection therewith shall render him
entrusted by a client. (18.03a) liable.

A lawyer shall be punctual in all appearances, submissions Rule 11.02 - A lawyer shall punctually appear at court hearings.
of pleadings and documents before any court, tribunal or
other government agency, and all matters professionally
referred by the client, including meetings and other
commitments. (11.02a)
SECTION 4. Diligence in all undertakings. — A lawyer shall Rule 12.04 - A lawyer shall not unduly delay a case, impede the
observe diligence in all professional undertakings, and execution of a judgment or misuse Court processes.
shall not cause or occasion delay in any legal matter
before any court, tribunal, or other agency. (12.04a)

A lawyer shall appear for trial adequately familiar with the Rule 12.01 - A lawyer shall not appear for trial unless he has
law, the facts of the case, and the evidence to be adequately prepared himself on the law and the facts of his case,

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presented. A lawyer shall also be ready with the object the evidence he will adduce and the order of its proferrence. He
and documentary evidence, as well as the judicial should also be ready with the original documents for comparison

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affidavits of the witnesses, when required by the rules or with the copies.
the court. (12.01a)

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SECTION 5. Prompt and objective assessment of the Rule 15.05. - A lawyer when advising his client, shall give a candid

n
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merits. — A lawyer shall, after reasonable inquiry, and honest opinion on the merits and probable results of the
promptly give an objective assessment of the merits and client's case, neither overstating nor understating the prospects
probable results of the client’s case. (15.05a) of the case.

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A lawyer shall explain the viable options to the client to

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enable an informed decision regarding the matter. (n)
SECTION 6. Duty to update the client. — A lawyer shall Rule 18.04 - A lawyer shall keep the client informed of the status
t f at
regularly inform the client of the status and the result of of his case and shall respond within a reasonable time to the
the matter undertaken, and any action in connection client's request for information.
thereto, and shall respond within a reasonable time to the
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client’s request for information. (18.04a)

SECTION 7. Extension of time to file. — A lawyer shall avoid Rule 12.03 - A lawyer shall not, after obtaining extensions of time
U

asking for an extension of time to file any pleading, to file pleadings, memoranda or briefs, let the period lapse
motion, or other court submission, except when allowed without submitting the same or offering an explanation for his
by the Rules of Court or for good cause. failure to do so.

When an extension is obtained, the lawyer shall not let the

period lapse without submitting the pleading, motion, or
other court submission, except upon the client’s decision
not to pursue the case any further or for other justifiable
cause. (12.03a)
SECTION 8. Lifelong learning. — A competent lawyer Canon 5 - A lawyer shall keep abreast of legal developments,
engages in lifelong learning through the continued participate in continuing legal education programs, support
development of professional skills. (5a) 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.
SECTION 9. Practice of law concurrent with another Rule 15.08. - A lawyer who is engaged in another profession or
profession. — A lawyer who is engaged in another occupation concurrently with the practice of law shall make clear
profession or occupation concurrently with the practice of to his client whether he is acting as a lawyer or in another capacity.
law shall expressly provide in the pertinent contract the
nature of the services the lawyer is engaged to perform.
(15.08a)

attyjgcpa 24
The practice of another profession or occupation shall not
jeopardize such lawyer’s competence, integrity, probity,
and independence in rendering legal services. (n)
SECTION 10. Non-legal 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. (n)
CANON V
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.

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As such, the lawyer shall accord equal respect, attention,
dedication and zeal in advancing the client’s cause,

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regardless of personal opinion, religious or political beliefs
pertaining on the personal circumstances of the client,

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except for justifiable reasons. (n)

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SECTION 1. Non-discrimination. — A lawyer shall not Rule 14.01 - A lawyer shall not decline to represent a person solely
decline to represent a person solely on account of the on account of the latter's race, sex. creed or status of life, or
latter’s nationality or ethnicity, sexual orientation or because of his own opinion regarding the guilt of said person.

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gender identity, religion, disability, age, marital status,
social or economic status, political beliefs, or such See also Rule 2.01. A lawyer shall not reject, except for valid

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lawyer’s or the public’s opinion regarding the guilt of said reasons, the cause of the defenseless or the oppressed.
person, except for justifiable reasons. (14.01)
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SECTION 2. Treatment of 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
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special circumstances, as well as the applicable laws and

rules.
U

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. (n)
SECTION 3. Indigent person. — A lawyer shall not refuse Rule 14.03 - A lawyer may not refuse to accept representation of
the representation of an indigent person, except if: an indigent client unless:
(a) the lawyer is not in a position to carry out the work (a) he is not in a position to carry out the work effectively or
effectively or competently due to a justifiable cause; competently;
(b) the lawyer will be placed in a conflict-of- interest (b) he labors under a conflict of interest between him and the
situation; or prospective client or between a present client and the prospective
client.

attyjgcpa 25
(c) the lawyer is related to the potential adverse party,
within the sixth degree of consanguinity or affinity, or to
the adverse counsel, within the fourth degree. (14.03a)

An indigent is any person who has no money or property Rule 3. Sec. 21. A party may be authorized to litigate his action,
sufficient for food, shelter and other basic necessities for claim or defense as an indigent if the court, upon an ex parte
oneself and one’s family. (R3.21a) application and hearing, is satisfied that the party is one who has
no money or property sufficient and available for food, shelter and
basic necessities for himself and his family.
Such authority shall include an exemption from payment of docket and
other lawful fees, and of transcripts of stenographic notes which the
court may order to be furnished him. The amount of the docket and other
lawful fees which the indigent was exempted from paying shall be a lien
on any judgment rendered in the case favorable to the indigent, unless
the court otherwise provides.
Any adverse party may contest the grant of such authority at any time
before judgment is rendered by the trial court. If the court should
determine after hearing that the party declared as an indigent is in fact

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a person with sufficient income or property, the proper docket and other
lawful fees shall be assessed and collected by the clerk of court. If

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payment is not made within the time fixed by the court, execution shall
issue or the payment thereof, without prejudice to such other sanctions

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as the court may impose.

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Cf. Rule 141, sec. 18. Indigent-litigants exempts from payment of legal fees.
— Indigent litigants (a) whose gross income and that of their immediate
family do not exceed four thousand (P4,000.00) pesos a month if

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residing in Metro Manila, and three thousand (P3,000.00) pesos a month
if residing outside Metro Manila, and (b) who do not own real property

or yo
with an assessed value of more than fifty thousand (P50,000.00) pesos
shall be exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case
favorably to the indigent litigant, unless the court otherwise provides.
t f at
To be entitled to the exemption herein provided, the litigant shall
execute an affidavit that he and his immediate family do not earn a gross
No se

income abovementioned, nor they own any real property with the
assessed value aforementioned, supported by an affidavit of
a disinterested person attesting to the truth of the litigant’s affidavit.
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(See amended rule)

SECTION 4. Standard of service. — A lawyer shall observe Rule 14.04 - A lawyer who accepts the cause of a person unable
the same standard of service for all clients, regardless of to pay his professional fees shall observe the same standard of
remuneration, except for the higher standard required for conduct governing his relations with paying clients.
representation of vulnerable persons. (14.04a)
CANON VI
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. (n)
SECTION 1. Nature of disciplinary proceedings against Integrated Bar of the Philippines, Rules of Procedure of the Commission
lawyers. — Disciplinary proceedings against lawyers shall on Bar Discipline (hereafter “CBD Rules), rule I, Sec. 4. Nature of
be confidential in character and summary in nature. Proceeding. Proceedings before the Commission shall be
(Commission on Bar Discipline (CBD) Rules, Rule I, Sec. 4)) confidential in character and summary in nature.

attyjgcpa 26
Nonetheless, the final order of the Supreme Court shall be R139-B Sec. 18. Confidentiality. - Proceedings against attorneys
published like its decisions in other cases. (R139-B.18) shall be private and confidential. However, the final order of the
Supreme Court shall be published like its decisions in other cases.
SECTION 2. How instituted. — Proceedings for the R139-B, Section 1. How instituted. - Proceedings for the
disbarment, suspension, or discipline of lawyers may be disbarment, suspension, or discipline of attorneys may be taken
commenced by the Supreme Court on its own initiative, or by the Supreme Court motu proprio, or upon the filing of a verified
upon the filing of a verified complaint by the Board of complaint of any person before the Supreme Court or the
Governors of the Integrated Bar of the Philippines (IBP), or Integrated Bar of the Philippines (IBP). The complaint shall state
by any person, before the Supreme Court or the IBP. clearly and concisely the facts complained of and shall be
However, a verified complaint against a government supported by affidavits of persons having personal knowledge of
lawyer which seeks to discipline such lawyer as a member the facts therein alleged and/or by such documents as may
of the Bar shall only be filed in the Supreme Court. (R139- substantiate said facts.
B, Sec. 1)
A verified complaint filed with the Supreme Court may be The IBP shall forward to the Supreme Court for appropriate
referred to the IBP for investigation, report and disposition all complaints for disbarment, suspension and

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recommendation, except when filed directly by the IBP, in discipline filed against incumbent Justices of the Court of Appeals,
which case, the verified complaint shall be referred to the Sandiganbayan, Court of Tax Appeals and judges of lower courts,

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Office of the Bar Confidant or such fact-finding body as or against lawyers in the government service, whether or not they
may be designated. (n) are charged singly or jointly with other respondents, and whether

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or not such complaint deals with acts unrelated to the discharge

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Complaints for disbarment, suspension and discipline filed of their official functions.
against incumbent Justices of the Court of Appeals,
Sandiganbayan, Court of Tax Appeals and judges of lower If the complaint is filed before the IBP, six (6) copies of the verified

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courts, or against lawyers in the judicial service, whether complaint shall be filed with the Secretary of the IBP or the
they are charged singly or jointly with other respondents, Secretary of any of its chapter who shall forthwith transmit the

or yo
and whether such complaint deals with acts unrelated to same to the IBP Board of Governors for assignment to an
the discharge of their official functions, shall be forwarded investigator. (As amended by B.M. No. 1645)
by the IBP to the Supreme Court for appropriate
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disposition under Rule 140, as amended. (n)
SECTION 3. Contents of the complaint. — The complaint Id.
No se

shall be verified. It shall state clearly and concisely the acts

or omissions complained of and shall be supported by CBD Rule II Sec.1. How Instituted. Complaint for disbarment,
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judicial affidavits of the witnesses and such other suspension or discipline of attorneys may be instituted before the
documents in support thereof. Commission on Bar Discipline by filing six (6) copies of a verified
complaint. Complaint may be likewise filed before the Supreme
If the verified complaint is filed before the IBP, six (6) Court.
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. (R139-
B, sec. 1a; CBD Rules, Rule II, sec. 1)
SECTION 4. List of Investigating Commissioners; *R139-B Sec. 2. National Grievance Investigator. - The Board of
qualifications. — The IBP shall recommend to the Governors shall appoint from among IBP members an Investigator
Supreme Court one hundred fifty (150) lawyers in good or, when special circumstances so warrant, a panel of three (3)
standing and repute, whom the IBP shall proportionately investigators to investigate the complaint All Investigators shall
select from its nine (9) regions. * The IBP may periodically take an oath of office in the form prescribed by the Board of
recommend the adjustment of the number of Governors. A copy of the Investigator's appointment and oath
Investigating Commissioners to the Supreme Court shall be transmitted to the Supreme Court.
according to the existing caseload.
An Investigator may be disqualified by reason of relationship
The list, with the curriculum vitae of the recommended within the fourth degree of consanguinity or affinity to any of the
lawyers, shall be submitted by the IBP within a month parties or their counsel, pecuniary interest, personal bias, or his
from the effectivity of the Code. (n) having acted as counsel for either party, unless the parties sign
and enter upon the record their written consent to his acting as
such Investigator. Where the Investigator does not disqualify
attyjgcpa 27
Only those approved by the Supreme Court may be himself, a party may appeal to the IBP Board of Governors, which
designated as Investigating Commissioners, who shall by majority vote of the members present, there being a quorum,
serve for a term of three (3) years, unless sooner may order his disqualification.
removed, replaced or resigned. (n) Any Investigator may also be removed for cause, after due
hearing, by the vote of at least six (6) members of the IBP Board
An updated list shall be submitted by the IBP to the Governors. The decision of the Board of Governors in all cases of
Supreme Court upon removal, replacement, or disqualification or removal shall be final.
resignation of a lawyer previously designated as
Investigating Commissioner by the Supreme Court.
All approved Investigating Commissioners shall take an
oath of office in the form prescribed by the IBP. A copy of
the Investigating Commissioner’s appointment and oath
shall be transmitted to the Supreme Court. (R139-B, sec.
2)
SECTION 5. Assignment by raffle of Investigating Id.
Commissioner. — The IBP Board of Governors shall assign

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by raffle an Investigating Commissioner from among the
lawyers approved by the Supreme Court in the list

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submitted by the IBP or, when special circumstances so
warrant, a panel of three (3) Investigating Commissioners,

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to investigate the complaint. (R139-B, sec. 2)

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SECTION 6. Complaint against a government lawyer. —
When a complaint is filed against a government lawyer,
the Investigating Commissioner shall determine, within

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five (5) calendar days from assignment by raffle, whether
the concerned agency, the Ombudsman, or the Supreme

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Court has jurisdiction. If the allegations in the complaint
touch upon the lawyer’s continuing obligations under the
CPRA or if the allegations, assuming them to be true, make
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the lawyer unfit to practice the profession, then the
Investigating Commissioner shall proceed with the case.
No se

Otherwise, the Investigating Commissioner shall

recommend that the complaint be dismissed. (n)
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SECTION 7. Disqualification of Investigating Id.

Commissioner. — An Investigating Commissioner shall, on
his or her own initiative or upon motion, recuse from
acting as such on the grounds of relationship within the
fourth degree of consanguinity or affinity with any of the
parties or their counsel, professional legal relationship,
pecuniary interest, or where he or she has acted as
counsel for either party, unless, in the last instance, the
parties sign and enter upon the record their written
consent.

Where an Investigating Commissioner does not disqualify

himself or herself, a party may file the appropriate motion
for disqualification before the IBP Board of Governors. The
IBP Board of Governors shall resolve the motion within
five (5) calendar days from receipt thereof. Upon vote of
majority of the members present, there being a quorum,
the IBP Board of Governors shall order the disqualification
and designate a replace of the disqualified Investigating
Commissioner. The decision of the IBP Board of Governors
on the disqualification shall be final. (R139-B, sec. 2)

attyjgcpa 28
SECTION 8. Duties of the Investigating Commissioner. — Sec. 3. Duties of the National Grievance Investigator. - The
The Investigating Commissioner shall investigate a National Grievance Investigators shall investigate all complaint
complaint against any member of the Integrated Bar, and against members of the Integrated Bar referred to them by the
thereafter submit a report embodying the recommended IBP Board of Governors.
action to the IBP Board of Governors, within a total period
not exceeding one hundred eighty (180) calendar days,
from assignment by raffle. (R139-B, sec. 3)
SECTION 9. Submissions allowed; verification. — The only Rule III Sec. 1 Pleadings. The only pleadings allowed are verified
submissions allowed are the complaint, answer, and complaint, verified answer and verified position papers.
position papers, all of which shall be verified. (CBD Rules,
Rule III, sec. 1) See B.M. No. 1755, where the Supreme Court ruled that: “Thus, in answer
to the query of Deputy Clerk of Court and Bar Confidant Ma. Cristina B.
A Certificate of Non-Forum Shopping shall accompany the Layusa dated March 17, 2008 on whether the February 12, 2008
verified complaint. Resolution in Bar Matter No. 1755 has effectively superseded Ramientas,
the Court resolved as follows:
An unverified complaint shall be recommended for 1. On the amendment to Secs. 1 and 2 of Rule III of the CBD Rules of
outright dismissal. An unverified answer or position paper Procedure, the fallo in Ramientas is repealed and superseded by the
February 12, 2008 Resolution. A party can no longer file a motion for

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shall not be considered. (CBD Rules, Rule V, sec. 5) reconsideration of any order or resolution of the Investigating
Commissioner, such motion being a prohibited pleading.

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2. Regarding the issue of whether a motion for reconsideration of a
decision or resolution of the BOG can be entertained, an aggrieved party

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can file said motion with the BOG within fifteen (15) days from notice of

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receipt thereof by said party.”

st ow
CBD Rules, Rule V Sec. 5. Non-appearance of Parties, and Non-
verification of Pleadings. a) Non-appearance at the mandatory

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conference or at the clarificatory questioning date shall be
deemed a waiver of right to participate in the proceeding. Ex parte

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conference or hearings shall then be conducted. Pleadings
submitted or filed which are not verified shall not be given weight
t f at
by the Investigating commissioner.
SECTION 10. Prohibited submissions. — The following (Refer to the 1st provision above for CBD Rule III Sec. 1)
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submissions are prohibited:

(a) Motion to dismiss the complaint or petition, except on Sec. 2. Prohibited pleadings. The following pleadings shall not be
U

the ground of lack of jurisdiction, litis pendentia or res allowed, to wit:

judicata; a. Motion to dismiss the complaint or petition;
(b) Motion for a bill of particulars; b. Motion for a bill of particulars;
(c) Motion to reopen or for new trial; c. Motion for new trial;
(d) Petition for relief from judgment; d. Petition for relief from judgment;
(e) Supplemental pleadings; e. Supplemental pleadings.
(f) Motion for reconsideration of a judgment on the
merits, except a motion for reconsideration of an
interlocutory order or resolution. (CBD, Rule III, secs. 1
and 2)
SECTION 11. Lack of prima facie showing of liability; R139-B Sec. 5. Service or dismissal. - If the complaint appears to
outright dismissal. — Within fifteen (15) calendar days be meritorious, the Investigator shall direct that a copy thereof be
from assignment by raffle, if the Investigating served upon the respondent, requiring him to answer the same
Commissioner finds no prima facie showing of liability, the within fifteen (15) days from the date of service. If the complaint
Investigating Commissioner shall recommend the outright does not merit action, or if the answer shows to the satisfaction
dismissal of the complaint to the Supreme Court. The of the Investigator that the complaint is not meritorious, the
Supreme Court may adopt the recommendation and Investigator will recommend to the Board of Governors the dismissal of
dismiss the complaint outright. Otherwise, the Supreme the complaint. Thereafter, the procedure in Section 12 of this Rule shall
apply.
Court shall direct the Investigating Commissioner to
No investigation shall be interrupted or terminated by reason of
conduct further proceedings. (R139-B, sec. 5)
the desistance, settlement, compromise, restitution, withdrawal
of the charges, or failure of the complainant to prosecute the
same, unless the Supreme Court motu proprio or upon recommendation
attyjgcpa 29
 of the IBP Board of Governors, determines that there is no compelling
reason to continue with the disbarment or suspension proceedings
against the respondent. (As amended by B.M. No. 1645)
SECTION 12. Effect of 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.

The death of the lawyer during the pendency of the case

shall cause its dismissal. (n)
SECTION 13. Issuance of summons. — Within fifteen (15) CBD, Rule III Sec. 3. Within two (2) days from receipt of the verified
calendar days from assignment by raffle, the Investigating complaint, the commission shall issue the required summons,
Commissioner shall issue the required summons, attaching thereto a copy of the complaint and supporting
attaching thereto a copy of the verified complaint and documents, if any. The summons shall indicate that the
supporting documents, if any. The summons shall require respondent has fifteen (15) days from receipt within which to file

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the respondent to file a verified answer. (CBD, Rule III, sec. six (6) verified copies of his answer.
3)

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SECTION 14. Verified answer. — The answer shall be *Id. (CBD Rule III Sec. 3. Refer to the provision above)

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verified and filed within thirty (30) calendar days from

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receipt of the summons.* The verified answer shall be R139-B Sec. 6. Verification and service of answer. - The answer

st ow
accompanied by judicial affidavits of the witnesses and shall be verified. The original and five (5) legible copies of the
such other documents in support thereof. answer shall be filed with the Investigator, with proof of service of
a copy thereof on the complainant or his counsel.

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The respondent may, upon motion, for good cause, be

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given one extension of fifteen (15) calendar days to file the
verified answer.
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Two (2) copies of the verified answer shall be filed with
the Investigating Commissioner, with proof of service on
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the complainant or the latter’s counsel. (R139-B, sec. 6)

SECTION 15. Dismissal after answer. — If the Investigating R139-B Sec. 5. Service or dismissal. - If the complaint appears to
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Commissioner finds that the complaint is not meritorious be meritorious, the Investigator shall direct that a copy thereof be
based on the verified answer, the Investigating served upon the respondent, requiring him to answer the same
Commissioner shall recommend to the Supreme Court the within fifteen (15) days from the date of service. If the complaint
dismissal of the complaint. Otherwise, the Supreme Court does not merit action, or if the answer shows to the satisfaction
shall direct the Investigating Commissioner to conduct of the Investigator that the complaint is not meritorious, the
further proceedings. (R139-B, sec. 5) Investigator will recommend to the Board of Governors the dismissal of
the complaint. Thereafter, the procedure in Section 12 of this Rule shall
apply.
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, unless the Supreme Court motu proprio or upon
recommendation of the IBP Board of Governors, determines that
there is no compelling reason to continue with the disbarment or
suspension proceedings against the respondent. (as amended by
B.M. No. 1645)
SECTION 16. Irrelevance of desistance, settlement, Id.
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. (R139-
B, sec. 5)
attyjgcpa 30
SECTION 17. Counsel de officio. — The IBP Board of R139-B Sec. 7. Administrative counsel. - The IBP Board of
Governors shall appoint a suitable member of the Governors shall appoint a suitable member of the Integrated Bar
Integrated Bar as counsel de officio to assist the as counsel to assist the complainant or the respondent during the
complainant or the respondent during the investigation in investigation in case of need for such assistance.
case of need for such assistance. (R139-B, sec. 7)
SECTION 18. Investigation. — Upon joinder of issues or R139-B Sec. 8. Investigation. - Upon joinder of issues or upon
upon failure of the respondent to answer, the failure of the respondent to answer, the Investigator shall, with
Investigating Commissioner shall proceed with the deliberate speed, proceed with the investigation of the case. He
investigation of the case. However, if despite reasonable shall have the power to issue subpoenas and administer oaths.
notice, the respondent fails to file an answer or appear, The respondent shall be given full opportunity to defend himself,
the investigation shall proceed ex parte. In both instances, to present witnesses on his behalf and be heard by himself and
the investigation shall proceed with dispatch. (R139-B, counsel. However, if upon reasonable notice, the respondent fails
sec. 8) to appear, the investigation shall proceed ex parte.
The respondent shall be given full opportunity to defend The Investigator shall terminate the investigation within three (3)
and be heard, whether through counsel or not, and to months from the date of its commencement unless extended for
present witnesses. (R139-B, sec. 8) good cause by the Board of Governors upon prior application.

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The Investigating Commissioner shall have the power to Willful failure or refusal to obey a subpoena or any other lawful

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issue subpoenae and administer oaths and affirmations in order issued by the Investigator shall be dealt with as for indirect
relation to the conduct of the proceedings. (R139-B, sec. contempt of court. The corresponding charge shall be filed by the

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8) Investigator before the IBP Board of Governors which shall require

n
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the alleged contemnor to show cause within ten (10) days from
notice. The IBP Board of Governors may thereafter conduct
hearings, if necessary, in accordance with the procedure set forth

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in this Rule for hearings before the Investigator. Such hearing
shall, as far as practicable, be terminated within fifteen (15) days

or yo
from its commencement. Thereafter, the IBP Board of Governors
shall within like period fifteen (15) days issue a resolution setting
forth its findings and recommendations, which `shall forthwith be
t f at
transmitted to the Supreme Court for final action and if
warranted, the imposition of penalty.
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SECTION 19. Indirect contempt. — Willful failure or refusal (R139-B Sec. 8, refer to the above provision)
to obey a subpoena or any other lawful order issued by
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the Investigating Commissioner shall be dealt with as Rule 71 Sec.11. Review of judgment of final order; bond for stay.
indirect contempt of court. The Investigating – The judgment or final order of a court in a case of indirect
Commissioner shall require the alleged contemnor to contempt may be appealed to the proper court as in criminal
show cause within ten (10) calendar days from notice. cases. But execution of the judgment or final order shall not be
Upon receipt of the compliance or lapse of the period to suspended until a bond is filed by the person adjudged in
comply, the Investigating Commissioner may conduct a contempt, in an amount fixed by the court from which the appeal
hearing, if necessary, in accordance with the procedure is taken, conditioned that if the appeal be decided against him he
set forth under Canon VI, Section 22 for hearings before will abide by and perform the judgment or final order.
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. (R139-B, sec. 8)

Within thirty (30) calendar days from receipt of the

Investigating Commissioner’s report and
recommendation on the contempt charge, the IBP Board
of Governors, through a Resolution, may either adopt,
modify or disapprove the recommendation of the

attyjgcpa 31
Investigating Commissioner. The action of the IBP Board
of Governors shall be immediately executory. (n)
The action of the IBP Board of Governors may be appealed
to the Supreme Court. The execution of the order of
contempt shall not be suspended, unless a bond is filed by
the person adjudged in contempt, in an amount fixed by
the IBP Board of Governors, conditioned upon compliance
with and performance of the final action in the contempt
case, if decided against the contemnor. (R71.11)
SECTION 20. Submission of preliminary conference briefs. CBD Rule V. Sec. 1. Mandatory Conference. Immediately upon
— Immediately upon receipt of the verified answer, the receipt of the verified answer, the Investigating Commissioner
Investigating Commissioner shall send a notice to the shall set a mandatory conference where, the following matters
parties and counsels to simultaneously file, within a non- shall be taken:
extendible period of ten (10) calendar days from receipt 1. Admissions
of the notice, their respective preliminary conference 2. Stipulation of facts
briefs which shall contain the following: 3. Definition of issues

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(a) Admissions;

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(b) Stipulation of facts;
(c) Definition of issues; (CBD, Rule V, sec. 1)
(d) Judicial affidavits and marked exhibits, accompanied

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by the lawyer’s certification that the attached documents

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are the genuine or faithful reproductions of the original in
his or her custody or possession;

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(e) Such other matters as may aid in the prompt
disposition of the action.

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SECTION 21. Preliminary conference order; position CBD Rule V Sec 2. Submission of Position Papers. After the
papers. — Within ten (10) calendar days from receipt of
the preliminary conference briefs, the Investigating
Commissioner shall issue a Preliminary Conference Order,
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mandatory conference, the Investigating Commissioner shall
direct both parties to submit simultaneously their verified position
papers with supporting documents and affidavits within an
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on the basis of such briefs submitted by the parties and inextendible period of ten (10) days from notice of termination of
counsels, summarizing the stipulated facts, issues and the mandatory conference.
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marked exhibits. (n)

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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. (CBD, Rule V,
sec. 2)
SECTION 22. Clarificatory hearing. — Within ten (10) CBD, Rule V Sec. 3 Determination of Necessity of Clarificatory
calendar days from receipt of the last position paper, the Hearing. Immediately after the submission by the parties of their
Investigating Commissioner shall determine whether position papers, the Investigating Commissioner shall determine
there is a need to conduct a hearing to clarify factual whether there is a need to conduct clarificatory questioning. If
issues and confront witnesses. necessary, a hearing date shall be set wherein the Investigating
Commissioner shall ask clarificatory questions as to the parties or
If deemed necessary, the Investigating Commissioner shall their witnesses to further elicit facts or information.
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

attyjgcpa 32
issues identified by the Investigating Commissioner. (CBD,
Rule V, sec. 3)
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. (n)
SECTION 23. Minutes of proceedings. — The proceedings Sec. 4. Minutes of Proceedings. The proceedings before the
before the IBP shall be recorded. (CBD, Rule V, sec. 4) Commissions shall be recorded.
SECTION 24. Non-appearance of parties. — Non- Rule V Sec. 5. Non-appearance of Parties, and Non-verification of
appearance at the clarificatory hearing shall be deemed a Pleadings. a) Non-appearance at the mandatory conference or at
waiver of the right to participate therein. (CBD, Rule V, the clarificatory questioning date shall be deemed a waiver of
sec. 5) right to participate in the proceeding. Ex parte conference or
hearings shall then be conducted. Pleadings submitted or filed
which are not verified shall not be given weight by the

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Investigating commissioner.

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SECTION 25. Issuance of report and recommendation by CBD Rule V Sec. 6. Issuance of an Order Submitting the Case for Decision.
the Investigating Commissioner. — If there is no After the parties have submitted their position papers or after the
clarificatory questioning date, the Investigating Commissioner shall
clarificatory hearing, the Investigating Commissioner shall

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issue an order expressly declaring the submission of the case for
render a report and recommendation and submit the resolution.

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same to the IBP Board of Governors within a non-
CBD Rule V Sec. 7. Period to Resolve Case. The Investigating

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extendible period of sixty (60) calendar days from receipt
of the last position paper or lapse of the period given. Commissioner shall submit his report and recommendation to the Board
of Governors within thirty (30) calendar days from the date the order
(CBD, Rule V, secs. 6, 7)

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declaring the submission of the case for resolution was issued.
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
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R139-B Sec. 10. Report of Investigator. - Not later than thirty (30)
days from the termination of the investigation, the Investigator
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shall submit a report containing his findings of fact and
from the termination of the hearing. (CBD, Rule V, secs. 6, recommendations to the IBP Board of Governors, together with
7) the stenographic notes and the transcripts thereof and all the
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The report and recommendation shall be accompanied by evidence presented during the investigation. The submission of
the duly certified transcript of stenographic notes, or in the report need not await the transcription of the stenographic
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lieu thereof, the audio recording, if any, or the notes, it being sufficient that the report reproduce substantially
Investigating Commissioner’s personal notes duly signed, from the Investigator's personal notes any relevant and pertinent
which should be attached to the records, together with testimonies.
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 A.M. No.20-12-01-SC – SC Guidelines on the Conduct of
Commissioner’s personal notes any relevant and Videoconferencing, II.B.8. Recording the videoconferencing hearing. –
pertinent testimonies. (R139-B, sec. 10) The proceedings through videoconferencing shall be recorded by the
court. It shall form part of the records of the case, appending thereto
If the hearing is conducted through videoconferencing, relevant electronic documents taken up or issued during the hearing. An
encrypted master copy shall be retained by the court, while a backup
the proceedings shall be recorded by the Investigating copy shall be stored in a safe location. Litigants and their counsel may be
Commissioner. It shall form part of the records of the case, allowed to view the recording upon application with and approval of the
appending thereto relevant electronic documents taken court. The court stenographer or other recorded authorized for the
up or issued during the hearing. (A.M. No.20-12-01-SC, purpose shall, nonetheless, still transcribe stenographic notes to be
II.B.8.) attached to the records of the case.
SECTION 26. Submission 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

attyjgcpa 33
Supreme Court its Resolution adopting, modifying or
disapproving such Report and Recommendation. (n)
SECTION 27. Depositions. — Depositions may be taken in Sec. 9. Depositions. - Depositions may be taken in accordance with
accordance with the Rules of Civil Procedure, as amended, the Rules of Court with leave of the investigator(s).
with leave of the Investigating Commissioner. (R139-B, Within the Philippines, depositions may be taken before any
sec. 9) member of the Board of Governors, the President of any Chapter,
or any officer authorized by law to administer oaths.
Depositions may be taken outside the Philippines before a
diplomatic or consular representative of the Philippine
Government or before any person agreed upon by the parties or
designated by the Board of Governors.
Any suitable members of the Integrated Bar in the place where a
deposition shall be taken may be designated by the Investigator
to assist the complainant or the respondent in taking a deposition.
SECTION 28. Filing and service. — The filing and the CBD Rule VI Sec. 3. Service of Paper. Service of papers or notices
service of papers or notices required by this Canon shall required by these rules shall be made upon the parties or

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be made with the Commission, or upon the parties Commission, personally, by registered mail with return card or

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personally, by registered mail, accredited courier, through e-mail if applicable.
electronic mail or other electronic means, or as provided
for in international conventions to which the Philippines is

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a party. (CBD, Rule VI, sec. 3; R13.5)

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For this purpose, the office address and the electronic

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mail address supplied by the lawyer to the IBP shall be the
official addresses to which all notices, orders and

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processes shall be served.

Proof of filing and service shall be submitted in

accordance with the Rules of Civil Procedure, as amended.
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(n)
SECTION 29. Substantial defects; motion to reopen. — Any Sec. 11. Defects. - No defect in a complaint, notice, answer, or in
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substantial defect in the complaint, notice, answer, or in the proceeding or the Investigator's Report shall be considered as
the proceeding or the Investigating Commissioner’s substantial unless the Board of Governors, upon considering the
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Report which may result in the miscarriage of justice may whole record, finds that such defect has resulted or may result in
be raised as an error before the Supreme Court, unless the a miscarriage of justice, in which event the Board shall take such
defect results in the deprivation of the right to due remedial action as the circumstance may warrant, including
process. In case of the latter, the matter may be brought invalidation of the entire proceedings.
before the IBP Board of Governors by way of a motion to
reopen within sixty (60) calendar days from knowledge.
(R139-B, sec. 11)
SECTION 30. Proceedings initiated before the Supreme Rule 140 Sec. 12. Confidentiality of Proceedings. – Proceedings
Court. — In proceedings initiated by the Supreme Court, against Judges of regular and special courts and Justices of the
or proceedings commenced by complaint filed with the Court of Appeals and the Sandiganbayan shall be private and
Supreme Court, the Supreme Court may refer the case for confidential, but a copy of the decision or resolution of the Court
investigation, report and recommendation to the Office of shall be attached to the record of the respondent in the Office of
the Bar Confidant, or the IBP, or other fact-finding body the Court Administrator.
that is designated or created by the Supreme Court for
such purpose. Rule 139-B, sec. 13. Investigation of complaints. — In proceedings
Cases referred to the Office of the Bar Confidant, or other initiated by the Supreme Court, or in other proceedings when the
fact-finding body, or the IBP shall proceed in the same interest of justice so requires, the Supreme Court may refer the
manner provided in Sections 5 to 29 of this Canon. case for investigation to the Office of the Bar Confidant, or to any
In any event, the report and recommendation on the officer of the Supreme Court or judge of a lower court, in which
investigation shall be reviewed directly by the Supreme case the investigation shall proceed in the same manner provided
Court, which shall take such necessary action on the in sections 6 to 11 hereof, save that the review of the report of

attyjgcpa 34
report and recommendation as may be warranted. (R140, investigation shall be conducted directly by the Supreme Court.
sec. 12; R139-B, sec. 13) The complaint may also be referred to the IBP for investigation,
report, and recommendation. (As amended by B.M. No. 1645)
SECTION 31. Preventive suspension. — After receipt of Rule 139-B, sec. 15. Suspension of attorney by Supreme Court. —
respondent’s answer or lapse of the period therefor, the After receipt of respondent’s answer or lapse of the period
Supreme Court, on its own initiative, or upon the therefor, the Supreme Court, motu proprio, or upon the
recommendation of the IBP Board of Governors, the recommendation of the IBP Board of Governors, may suspend an
Office of the Bar Confidant, or the fact-finding body attorney from the practice of his profession for any of the causes
referred to in Section 30, may suspend a lawyer from the specified in Rule 138, section 27, during the pendency of the
practice of law during the pendency of the investigation investigation until such suspension is lifted
for a period not exceeding one hundred eighty (180) by the Supreme Court. (As amended by B.M. No. 1645)
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. (R139-B, sec. 15)

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SECTION 32. Quantum and burden of proof. — In Rule 133, sec. 6. See also Tan v. Atty. Alvarico, A.C. No. 10933, 3
administrative disciplinary cases, the complainant has the November 2020, where the Supreme Court ruled: “Substantial evidence

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is defined under Section 6, Rule 133 of the 2019 Amendments to the
burden of proof to establish with substantial evidence the 1989 Revised Rules on Evidence as ‘that amount of relevant evidence
allegations against the respondent. Substantial evidence which a reasonable mind might accept as adequate to justify a

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is that amount of relevant evidence which a reasonable conclusion,’ while burden of proof is defined under Section 1, Rule 131

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mind might accept as adequate to justify a conclusion. (n) as ‘the duty of a party to present evidence on the facts in issue necessary
to establish his or her claim or defense by the amount of evidence

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required by law.’ The basic rule is that reliance on mere allegations,
conjectures and suppositions will leave an administrative complaint
with no leg to stand on. Charges based on mere suspicion and

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speculation cannot be given credence. Thus, failure on the part of

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complainant to discharge his burden of proof by substantial evidence
requires no other conclusion than that which stays the hand of the Court
from meting out a disbarment order.” (Citations omitted)
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SECTION 33. Serious offenses.1 — Serious offenses 1
Cf. RULES OF COURT, rule 138, sec. 27. Attorneys removed or suspended by
Supreme Court on what grounds. — A member of the bar may be removed
include: or suspended from his office as attorney by the Supreme Court for any
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(a) Gross misconduct, or any inexcusable, shameful deceit, malpractice, or other gross misconduct in such office, grossly
or flagrant unlawful conduct; immoral conduct, or by reason of his conviction of a crime involving
moral turpitude, or for any violation of the oath which he is required to
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(b) Serious dishonesty, fraud, or deceit, including take before the admission to practice, or for a willful disobedience of any
lawful order of a superior court, or for corruptly or willful appearing as
falsification of documents and making untruthful an attorney for a party to a case without authority so to do. The practice
statements;2 of soliciting cases at law for the purpose of gain, either personally or
through paid agents or brokers, constitutes malpractice.
(c) Bribery or corruption;3
2Rule
140 only involves serious dishonesty. However, the ABA Rule 8.4
(c) is broader because it penalizes engagement in conduct involving
(d) Gross negligence in the performance of duty, or dishonesty, fraud, deceit or misrepresentation. It is suggested to make
conduct that is reckless and inexcusable, which results the definition broader.
in the client being deprived of his or her day in court; 3Under Rule 140, it is designated as “Bribery, direct and indirect, and
violations of the Anti-Graft and Corrupt Practices Act (Republic Act No.
(e) Conviction of a crime involving moral turpitude; 3019).”

(f) Grossly immoral conduct, or an act that is so corrupt

or false as to constitute a criminal act, or so immoral 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;

attyjgcpa 35
(i) Grossly undignified conduct prejudicial to
the administration of justice;4

(j) Sexual abuse;

4 ABA Rule 8.4 (d) engage in conduct that is prejudicial to the
(k) Gender-based sexual harassment or discrimination; administration of justice; Section 8. Canon II – Propriety, Dignified
Conduct. – A lawyer shall respect the law, the courts and tribunals, their
officials, employees, and processes, and act with courtesy, civility,
(l) Open defiance to any order of the court, tribunal, fairness, and candor towards fellow members of the bar. xxx
or other government agency;5 5Based on the original Section 27, Rule 138.

(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

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forum shopping through gross negligence;

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(o) Intentional violation of the rule on privileged
communication;

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(p) Violation of the notarial rules, except
reportorial requirements, when attended by bad faith;

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(q) Intentional violation of the conflict of interest rules;

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(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,
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6ABA Rule 8.4 (e) state or imply an ability to influence improperly a
government agency or official or to achieve results by means that violate
the Rules of Professional Conduct or other law; Section 11. Improper
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claim of influence or familiarity. xxx A lawyer shall not make claims of
with or without monetary consideration, from any power, influence, or relationship with any officer of a court, tribunal, or
officer of a court, tribunal or other government other government agency.
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agency;6 7ABA Rule 8.4 (g) engage in conduct that the lawyer knows or
reasonably should know is harassment or discrimination on the basis of
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race, sex, religion, national origin, ethnicity, disability, age, sexual

(s) Unlawful discrimination under Canon V;7 and orientation, gender identity, marital status or socioeconomic status in
conduct related to the practice of law; Canon V, Section 1. Non-
(t) Sale, distribution, possession and/or use of illegal discrimination. – A lawyer shall not decline to represent a person solely
drugs or substances. (n) on account of the latter’s race, sexual orientation or gender identity,
religion, disability, age, marital status, social or economic status, or such
lawyer’s or the public’s opinion regarding the guilt of said person, except
for justifiable reasons.
SECTION 34. Less 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;1 1Broad; Example: Canon II, Section X. Prohibition against misleading

(e) Other violations of the conflict of interest rules; the court or tribunal. - A lawyer shall not misquote, misrepresent, or

attyjgcpa 36
(f) Prohibited borrowing of money from a client; mislead the court as to the existence or the contents of any document,
(g) Prohibited lending of money; argument, evidence, law, or other legal authority, or pass off as one’s
own the ideas or words of another, or assert as a fact that which has not
(h) Other unlawful threats; been proven.
(i) 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 sub judice 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;
2Section X. Non-Sharing of Fees with Non-Lawyers. – A lawyer shall
(o) Unauthorized division of fees with a non- lawyer;2 and
not share, split, or divide or stipulate to divide, directly or indirectly, a
(p) Other violations of reportorial requirements. (n)
fee for legal services with persons or organizations not licensed or

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authorized to practice law.

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SECTION 35. Light offenses. — Light offenses include:

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(a) Violation of IBP rules and issuances governing

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membership in the IBP;
(b) Use of vulgar or offensive language in personal

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dealings;
(c) Fraternizing with the officials or employees of a court,

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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
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impression of impropriety;
(d) Filing of frivolous motions for inhibition;
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(e) Failure to promptly call upon client to rectify a

fraudulent act; or
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(f) Other similar or analogous infractions of the CPRA. (n)

SECTION 36. Assisting in the commission of an offense. — ABA Rule 8.4 (f) knowingly assist a judge or judicial officer in conduct
Any lawyer who shall knowingly assist another lawyer in that is a violation of applicable rules of judicial conduct or other law.
the commission of any serious, less serious, or light
offense punished by the CPRA may also be held liable. (n)
SECTION 37. Sanctions. —
(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
1Under Rule 140, the suspension for a serious charge has a maximum
exceeding six (6) months;1
ceiling of 1 year; however, considering that the Court has in many
(3) Revocation of notarial commission and disqualification instances, suspended a lawyer for more than 1 year, the ceiling may not
as notary public for not less than two (2) years; or be appropriate.
(4) A fine exceeding Php100,000.00.

(b) If the respondent is found guilty of a less serious

offense, any of the following sanctions, or a combination
thereof, shall be imposed:
(1) Suspension from the practice of law for a period within
the range of one (1) month to six (6) months, or

attyjgcpa 37
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 P100,000.00.

(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 P1,000.00 to P35,000.00;
(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-

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client relationship, the respondent shall be ordered to

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return the same. (n)
SECTION 38. Modifying circumstances. — In determining
the appropriate penalty to be imposed, the Court may, in

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its discretion, appreciate the following mitigating and

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aggravating circumstances:
(a) Mitigating circumstances:

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(1) First offense, except in charges of gross misconduct,
bribery or corruption, grossly immoral conduct,

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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;
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(3) Return of the amounts owed;
(4) Expression of remorse;
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(5) Reconciliation with the complainant;

(6) Rectification of wrongdoing;
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(7) Act or omission did not prejudice the client;

(8) Age;
(9) Number of years in the practice of law;
(10) Humanitarian considerations; and
(11) Other analogous circumstances.

(b) Aggravating Circumstances:

(1) 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;
(8) Other analogous circumstances. (n)
SECTION 39. Manner of imposition. — If one (1) or more Rule 140, sec. 20. Manner of Imposition. -If one (1) or more aggravating
aggravating circumstances and no mitigating circumstances and no mitigating circumstances are present, the
attyjgcpa 38
circumstances are present, the Supreme Court may Supreme Court may impose the penalties of suspension or fine for a
impose the penalties of suspension or fine for a period or period or amount not exceeding double of the maximum prescribed
under this Rule.
amount not exceeding double of the maximum prescribed If one (1) or more mitigating circumstances and no aggravating
under this Rule. The Supreme Court may, in its discretion, circumstances are present, the Supreme Court may impose the penalties
impose the penalty of disbarment depending on the of suspension or fine for a period or amount not less than half of the
number and gravity of the aggravating circumstances. minimum prescribed under this Rule.
If there are both aggravating and mitigating circumstances present, the
Supreme Court may offset each other.
If one (1) or more mitigating circumstances and no
aggravating circumstances are present, the Supreme
Court may impose the penalties of suspension or fine for
a period or amount not less than half of the minimum
prescribed under the CPRA.

If there are both aggravating and mitigating circumstances

present, the Supreme Court may offset each other.
(R140.20) (n)

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SECTION 40. Penalty for multiple offenses. — If the Rule 140, sec. 21. Penalty for Multiple Offenses. - If the respondent is
found liable for more than one (1) offense arising from separate acts or

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respondent is found liable for more than one (1) offense
omissions in a single administrative proceeding, the Court shall impose
arising from separate acts or omissions in a single separate penalties for each offense. Should the aggregate of the imposed
administrative proceeding, the Court shall impose penalties exceed five (5) years of suspension or Pl,000,000.00 in fines,

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separate penalties for each offense. Should the aggregate the respondent may, in the discretion of the Supreme Court, be meted

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of the imposed penalties exceed five (5) years of with the penalty of dismissal from service, forfeiture of all or part of the
benefits as may be determined, and disqualification from reinstatement
suspension from the practice of law or P1,000,000.00 in

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or appointment to any public office, including government-owned or -
fines, the respondent may, in the discretion of the controlled corporations. Provided, however, that the forfeiture of
Supreme Court, be meted with the penalty of disbarment. benefits shall in no case include accrued leave credits.

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On the other hand, if a single act/omission constitutes more than one (I)
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
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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.
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the appropriate penalty for the most serious offense.
(R140.21) (n)
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SECTION 41. Payment of fines and return of client’s money Rule 140, sec 22. Payment of Fines. - When the penalty imposed is a fine,
and property. — When the penalty imposed is a fine or the the respondent shall pay it within a period not exceeding three (3)
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months from the time the decision or resolution is promulgated.

respondent is ordered to return the client’s money or If unpaid, such amount may be deducted from the salaries and benefits,
property, the respondent shall pay or return it within a including accrued leave credits, due to the respondent. The deduction of
period not exceeding three (3) months from receipt of the unpaid fines from accrued leave credits, which is considered as a form of
decision or resolution. If unpaid or unreturned, the Court compensation, is not tantamount to the imposition of the accessory
penalty of forfeiture covered under the provisions of this Rule.
may cite the respondent in indirect contempt. (R140.22)
(n)
SECTION 42. Penalty 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 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. (n)
SECTION 43. Immediately executory; furnished copies. — Rule 140, sec. 23. Immediately Executory Nature. – Decisions or
The decision or resolution pronouncing the respondent’s resolutions pronouncing the respondent’s administrative liability are
immediately executory in nature. The respondent, upon receipt of such

attyjgcpa 39
administrative liability is immediately executory. The decision or resolution, shall immediately serve the penalty indicated
copies of the decision or resolution shall be furnished to therein. In case of suspension, he or she shall formally manifest to the
Court that his or her suspension has started within five (5) calendar days
the Office of the Bar Confidant, the IBP National Office and upon receipt of the decision or resolution.
local chapter to which the respondent belongs, and the Upon completion of service of the penalty of suspension, the Presiding
Office of the Court Administrator for circulation to all the Justice, in case of the Court of Appeals, Sandiganbayan or the Court of
courts. (R140.23) (n) Tax Appeals, or the Executive Judge where the respondent is assigned or
stationed, in case of the first and second level courts, shall issue a
certification that the penalty of suspension has been served by the
respondent. The ce1iification shall be submitted to the Supreme Court.
SECTION 44. Confidentiality. — Proceedings against Sec. 18. Confidentiality. - Proceedings against attorneys shall be
lawyers shall be confidential. However, the final order of private and confidential. However, the final order of the Supreme
the Supreme Court shall be published like its decisions in Court shall be published like its decisions in other cases.
other cases. (R139-B, sec. 18)
SECTION 45. Sworn statement after service of suspension. (From the proposed draft) Any suspension from the practice of law
— Upon the expiration of the period of suspension from imposed by the Supreme Court is not automatically lifted upon the
the practice of law, the lawyer shall file a Sworn Statement lapse of the period, but only upon its order.
with the Supreme Court, through the Office of the Bar

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Confidant, to show that the petitioner, during the period

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of suspension:
(a) has not appeared before any court, tribunal or other
government agency, whether in respect of current,

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former or prospective clients;

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(b) has not signed or filed any pleading or other court

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submission;
(c) has duly informed his or her clients, law firm, law
school where the lawyer is teaching, legal clinic, or other

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legal service organization of which he or she is a member,
regarding the suspension; and
(d) has not otherwise performed any act, directly or fo yo
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indirectly, that amounts to the practice of law.

The Sworn Statement shall state the date of the lawyer’s

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receipt of the order, decision or resolution imposing the

penalty of suspension, as well as a list of the lawyer’s
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engagements affected by the suspension, indicating the

relevant court, tribunal or other government agency, if
any.

Copies of the Sworn Statement shall be furnished to the

Local Chapter of the IBP, to the Executive Judge of the
courts where the suspended lawyer has pending cases
handled by him or her, and/or where he or she has
appeared as counsel.
SECTION 46. Resumption of practice of law. – The Sworn
Statement shall be considered as proof of the suspended
lawyer’s compliance with the order of suspension. Such
lawyer shall be allowed to resume the practice of law upon
the filing of the Sworn Statement before the Supreme
Court.

However, any false statement in the Sworn Statement

shall be a ground for a complaint for disbarment.

Within five (5) days from the filing of the Sworn Statement
and the Office of the Bar Confidant determines that there

attyjgcpa 40
is a false statement stated therein, it shall refer the same
to the Court for its immediate action. (n)
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, resolution of disbarment. (n)
SECTION 48. Petition for judicial clemency. — The verified 1See also Re: Letter of Judge Diaz, A.M. No. 07-7-17-SC, 19 September
petition for judicial clemency shall allege the following: 2007, viz.: “In the exercise of its constitutional power of
(a) that the verified petition was filed after five (5) years administrative supervision over all courts and all personnel thereof,
the Court lays down the following guidelines in resolving requests
from the receipt of the order, decision, or resolution of
for judicial clemency:
disbarment; 1. There must be proof of remorse and reformation. These shall
(b) that the disbarred lawyer has fully complied with the include
terms and conditions of all prior disciplinary orders, but should not be limited to certifications or testimonials of the
including orders for restitution; officer(s) or chapter(s) of the Integrated Bar of the Philippines,
(c) that he or she recognizes the wrongfulness and judges or judges’ associations and prominent members of the
seriousness of the misconduct for which he or she was community with proven integrity and probity. A subsequent finding
of guilt in an administrative case for the same or similar misconduct

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disbarred by showing positive acts evidencing will give rise to a strong presumption of non-reformation.

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reformation; 2. Sufficient time must have lapsed from the imposition of the
(d) that he or she has reconciled, or attempted in good penalty to ensure a period of reformation.
faith to reconcile, with the wronged private offended 3. The age of the person asking for clemency must show that he still

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party in the disbarment case, or if the same is not possible, has productive years ahead of him that can be put to good use by

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an explanation as to why such attempt at reconciliation giving him a chance to redeem himself.
4. There must be a showing of promise (such as intellectual aptitude,
could not be made.

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learning or legal acumen or contribution to legal scholarship and the
Where there is no private offended party, the plea for development of the legal system or administrative and other
clemency must contain a public apology; and relevant skills), as well as potential for public service.

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(e) notwithstanding the conduct for which the disbarred 5. There must be other relevant factors and circumstances that may
lawyer was disciplined, he or she has the requisite good
moral character and competence.1 fo yo
justify clemency.
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Id.
2
Any of the following allegations may also be made in
support of the petition:
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(a) that he or she still has productive years that can be put
to good use if given a chance; or
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(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.2 (n)
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.1 (n)
SECTION 50. Investigation by the Office of the Bar Id.
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

attyjgcpa 41
to the Supreme Court its report and recommendation
within ninety (90) calendar days from receipt of the
referral. (n)
SECTION 51. Decision on the petition for judicial clemency; Id.
quantum of evidence. — The Supreme Court shall decide
the petition on the basis of clear and convincing evidence.
(n)
SECTION 52. Prohibition against employment of disbarred
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;

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(c) Appearing as a representative of a client at a deposition

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or other discovery matter;
(d) Negotiating or transacting any legal matter for or on
behalf of a client with third parties; or

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(e) Receiving, disbursing, or otherwise handling a client’s

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funds; or
(f) Teaching law subjects in any educational institution.

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(g) Acting and being commissioned as a Notary Public.

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A suspended lawyer shall immediately cease and desist
from the practice of law until the suspension is lifted by
the Supreme Court. fo yo
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Any client previously represented by a suspended lawyer
may engage the services of a new lawyer.
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The disbarment or suspension of a handling lawyer shall

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not terminate the lawyer-client engagement between the

client and the law firm, unless the client chooses
otherwise. (n)
SECTION 53. Costs. — All reasonable and necessary Sec. 19. Expenses. - All reasonable and necessary expenses
expenses incurred in relation to disciplinary and incurred in relation to disciplinary and disbarment proceedings
disbarment proceedings are lawful charges for which the are lawful charges forthwith the parties may be taxed as costs.
parties may be taxed as costs, subject to proof. (R139-B,
sec. 19)
REVISED LAWYER’S OATH Lawyer’s Oath
I, (name), do solemnly swear (affirm) that I accept the I, (name), do solemnly swear that I will maintain allegiance to the
honor, privilege, duty and responsibility of practicing law Republic of the Philippines, I will support the Constitution and
in the Philippines as an Officer of the Court in the interestobey the laws as well as the legal orders of the duly constituted
of our people. authorities therein; I will do no falsehood, nor consent to the
doing of any in court; I will not wittingly or willingly promote or
I declare fealty to the Constitution of the Republic of sue any groundless, false or unlawful suit, or give aid nor consent
Philippines. to the same; I will delay no man for money or malice, and will
conduct myself as a lawyer according to the best of my knowledge
In doing so, I shall work towards promoting the rule of law and discretion, with all good fidelity as well to the courts as to my
and a regime of truth, justice, freedom, love, equality, and clients; and I impose upon myself these voluntary obligations
peace. without any mental reservation or purpose of evasion. So help me
God.

attyjgcpa 42
I shall conscientiously and courageously work for justice,
as well as safeguard the rights and meaningful freedoms
of all persons, identities and communities. I shall ensure
greater and equitable access to justice. I shall do no
falsehood nor shall I pervert the law to unjustly favor or
prejudice anyone. I shall faithfully discharge these duties
and responsibilities to the best of my ability, with integrity,
and utmost civility. I impose all these upon myself without
mental reservation nor purpose of evasion.

[For oaths] So help me, God. (Omit for affirmations)

GENERAL PROVISIONS
SECTION 1. Transitory provision. — The CPRA shall be
applied to all pending and future cases, except to the
extent that in the opinion of the Court, its retroactive
application would not be feasible or would work injustice,

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in which case the procedure under which the cases were

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filed shall govern. (n)
SECTION 2. Repealing clause. — The Code of Professional
Responsibility of 1988, Sections 20 to 37 of Rule 138, and

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Rule 139-B of the Rules of Court are repealed.

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The Lawyer’s Oath, as found in Rule 138 of the Rules of
Court, is amended and superseded.

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Any resolution, circular, bar matter, or administrative
order issued by or principles established in the decisions
of the Supreme Court inconsistent with the CPRA are
deemed modified or repealed. (n)
fo yo
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SECTION 3. Effectivity clause. — The CPRA shall take effect The Code of Professional Responsibility and Accountability (CPRA)
fifteen (15) calendar days after its publication in the was published in the Philippine Star and Manila Bulletin on May 14,
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Official Gazette or any newspaper of general circulation. 2023. It took effect on May 30, 2023, 15 calendar days after its
publication.
(n)
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